CHARITABLE SECTOR, AGED AND DISABILITY CARE SERVICES (STATE) AWARD 2003
award
REPRINT
This
reprint of the abovementioned award is published by the authority of the
Industrial Registrar under section 390 of the Industrial Relations Act
1996, and under Rule 6.6 of the Industrial Relations Commission Rules
2009.
I
certify that the form of this reprint, incorporating the variations set out in
the schedule, is correct as at the latest date of effect therein mentioned.
G.
M. GRIMSON Industrial Registrar.
Schedule of Award and
Variations Incorporated
Clause
|
Award/
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Date of
|
Date of Taking
Effect
|
Industrial
|
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Variation
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Publication
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Gazette
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Serial No.
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|
|
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|
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Vol.
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Page
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Award
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C2432
|
07/05/2004
|
First pay period on or after 03/12/2003
|
344
|
331
|
|
51
|
C2766
|
19/11/2005
|
From 12/04/2004
|
347
|
423
|
|
5 &
Part B
|
C3518
|
25/03/2005
|
First pay period on or after 03/12/2004
|
349
|
741
|
|
53
|
C3632
|
01/07/2005
|
On and from 18/03/2005
|
352
|
185
|
|
4, 5, 7, 10,
|
C4161
|
24/03/2006
|
First pay period on or after 17/10/2005
|
358
|
567
|
|
11, 18,23,
45,
|
|
|
|
|
|
|
48, 50, Part B
|
|
|
|
|
|
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12, 23,
24,
38,
|
C4461
|
05/05/2006
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On and from 19/12/2005
|
359
|
81
|
|
Arrangement,
|
C4490
|
05/05/2006
|
From 10/03/2006
|
359
|
91
|
|
53, 54
|
|
|
|
|
|
|
2, 5, 41
|
C5314
|
23/02/2007
|
From 01/01/2007
|
362
|
116
|
|
41, 54
|
C6089
|
09/11/2007
|
On and from 23/07/2007
|
364
|
384
|
|
41,
Part B
|
C6225
|
08/02/2008
|
First pay period on or after 17/10/2007
|
364
|
846
|
|
Part B
|
C6809
|
26/12/2008
|
First full pay period on or after 17/10/2008
|
366
|
1483
|
|
5, Part B
|
C7249
|
30/10/2009
|
First full pay period on or after 17/10/2009
|
369
|
429
|
|
5, Part B
|
C7598
|
02/09/2011
|
First full pay period on or after 16/12/2010
|
371
|
597
|
|
|
|
|
|
|
|
|
|
PART A
1. Arrangement
Clause No. Subject Matter
PART A
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 and 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. No Extra
Claims Commitment
49. Training
50. Leave
Reserved
51. Exemptions
52. Reasonable
Hours
53. Secure
Employment
54. Area,
Incidence and Duration
PART B
Table 1 - Monetary Rates
Table 2 - Other Rates and Allowances
Table 3 - Translation Table
2. Definitions
"Adult Service" - means service with an
employer during which the worker received a rate of pay not less than the
lowest rates fixed by this award for an adult, in the same classification as
the worker, or the employee is on the age scale at 18 years and over.
"Union" - means the Health Services Union.
"Day Worker" - means an employee who works
their ordinary hours from Monday to Friday inclusive and who commences work on
such days at or after 6:00 a.m. and at or before 10:30 a.m., otherwise than as
part of a shift system.
"Engagement" - means time that an employee is
engaged in homecare services with the client/s joined by the time taken to
travel between clients, meal breaks and rest periods, including overtime worked
continuously after the engagement.
"Homecare Residence" - means the Homecare
Client’s place of abode.
"Ordinary Pay" - includes base pay and
over-award payments for ordinary hours of work; climatic and isolation
allowances; leading hand allowance; and service allowance. It does not include shift or weekend
penalties.
"Shift Worker" - means an employee who is not
a Day Worker as defined.
"School based apprentice" is an employee who
is undertaking an apprenticeship under a training contract while also enrolled
in the Higher School Certificate. The
school based apprenticeship may commence upon the completion of the Year 10
School Certificate exams. Such school
based apprenticeships are undertaken at a minimum Certificate III Australian
Qualifications Framework (AQF) qualification level as specified in the relevant
Vocational Training Order pursuant to the Apprenticeship and Traineeship Act
2001.
3.
Anti-Discrimination
(1) It is the
intention of the parties bound by this award to seek to achieve the object in
section 3(f) of the Industrial Relations Act 1996 to prevent and
eliminate discrimination in the workplace.
This includes discrimination on the grounds of race, sex, marital
status, disability, homosexuality, transgender identity, age and responsibilities
as a carer.
(2) It follows that,
in fulfilling their obligations under the dispute resolution procedure
prescribed by this award, the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this award are not
directly or indirectly discriminatory in their effects. It will be consistent with the fulfilment of
these obligations for the parties to make application to vary any provision of
the award which, by its terms or operation, has a direct or indirect
discriminatory effect.
(3) Under the Anti-Discrimination
Act 1977, it is unlawful to victimise an employee because the employee has
made or may make or has been involved in a complaint of unlawful discrimination
or harassment.
(4) Nothing in this
clause is to be taken to affect:
(a) any conduct or
act which is specifically exempted from anti-discrimination legislation;
(b) offering or
providing junior rates of pay to persons under 21 years of age;
(c) any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination Act 1977;
(d) a party to this
award from pursuing matters of unlawful discrimination in any State or Federal
jurisdiction.
(5) This clause does
not create legal rights or obligations in addition to those imposed upon the
parties by legislation referred to in this clause.
NOTES
(a) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(b) Section 56(d) of
the Anti-Discrimination Act 1977 provides:
"Nothing in this Act affects ... any other act or
practice of a body established to propagate religion that conforms to the
doctrines of that religion or is necessary to avoid injury to the religious
susceptibilities of the adherents of that religion."
4. Employment
Classifications
The duties required to be undertaken by an employee in
any of the following classifications shall remain within that employee’s skills
and competence in accordance with clause 35, Labour Flexibility and Mixed
Functions.
Where the employer requires the employee to perform any
or all of the tasks set out below, the employee must possess relevant skill and
competence to perform such tasks. Where
the employee does not possess such skill and competence, appropriate training
shall be facilitated.
(i) Care Service
Employees
(a) New Entrant
An employee with less than 500 hours' work experience
in this industry who performs basic duties under direct supervision. Such employees perform routine functions
requiring understanding of clear rules and procedures. Work is performed using established
practices, procedures and instructions, including compliance with documentation
requirements as determined by the employer.
Problems should be referred to a more senior staff member. Indicative tasks an employee at this level
may perform are as follows:
Typical Duties
Care Stream
|
Support Stream
|
Maintenance Stream
|
Carry out simple tasks under
|
General assistance to higher-
|
General labouring assistance
|
supervision to assist a higher-
|
grade employees in the full
|
to higher-grade employees
|
grade Care Service Employee
|
range of domestic duties.
|
in the full range of gardening
|
attending to the personal
|
|
and maintenance duties.
|
needs of residents
|
|
|
(b) Grade 1
An employee who has 500 hours' work experience in the
industry or who has, or can demonstrate, relevant prior experience, acceptable
to the employer, which enables the employee to work effectively at this
level. A Junior Employee (less than 18
years) when classified at this grade may be paid as a new entrant. An employee who works under limited
supervision individually or in a team environment or on sleepover. Employees at this level work within
established guidelines, including compliance with documentation requirements as
determined by the employer. In some
situations detailed instructions may be necessary. Indicative tasks an employee at this level may perform are as
follows:
Typical Duties
Care Stream
|
Support Stream
|
Maintenance Stream
|
Under limited supervision,
|
Performance under limited
|
Performance under limited
|
provide assistance to
|
supervision of the full range
|
supervision of labouring
|
residents in carrying out
|
of domestic duties, including
|
duties associated with
|
simple personal care tasks
|
but not limited to:
|
gardening and general
|
which shall include but not be
|
General cleaning of
|
maintenance activities,
|
limited to:
|
Accommodation, food service
|
including but not limited to:
|
Supervise daily hygiene,
|
and general areas;
|
Sweeping;
|
e.g. assist with showers or
|
General waiting, table
|
Hosing;
|
baths, shaving, cutting nails;
|
service and clearing duties;
|
Garbage collection and
|
lay out clothes and assist in
|
Assistance in the preparation
|
disposal;
|
dressing; make beds and tidy
|
of food, including the
|
Keeping the outside of
|
rooms; store clothes and
|
cooking and/or preparation of
|
buildings clean and tidy;
|
clean wardrobes; assist with
|
light refreshments;
|
Mowing lawns and assisting
|
meals.
|
All laundry duties.
|
the gardener in labouring.
|
Under direct supervision,
|
|
|
provide assistance to a
|
|
|
higher-grade Care Service
|
|
|
Employee in attending to the
|
|
|
personal care needs of a
|
|
|
resident.
|
|
|
(c) Grade 2
An employee with relevant experience who works
individually or in a team environment and is responsible for the quality of
their own work, subject to general supervision, including compliance with
documentation requirements as determined by the employer. Indicative tasks an employee at this level
may perform are as follows:
Typical Duties
Care Stream
|
Support Stream
|
Maintenance Stream
|
Provide a wide range of
|
Assist a higher-grade worker
|
Undertake basic repairs to
|
Personal care services to
|
in the planning, cooking and
|
buildings, equipment,
|
residents, under limited
|
preparation of the full range
|
Appliances and similar items
|
supervision, in accordance
|
of meals.
|
Not calling for trades skills or
|
with Commonwealth and
|
Drive a sedan or utility.
|
Knowledge. Work
with and
|
State legislative
|
|
undertake limited co-
|
requirements, and in
|
|
Ordination of the work of
|
accordance with the
|
|
other maintenance workers.
|
resident’s Care Plan,
|
|
Where no tradesperson is
|
including:
|
|
employed, an employee at
|
Assist and support residents
|
|
This level may be called upon
|
with medication utilising
|
|
to perform tasks falling
|
medication compliance aids;
|
|
within the scope of trades
|
Simple wound dressing;
|
|
skills, provided the time
|
Implementation of continence
|
|
involved in performing such
|
programs as identified in the
|
|
work is paid at the rate of
|
Care Plan;
|
|
Care Service Employee -
|
Attend to routine urinalysis,
|
|
Grade 3, in accordance with
|
blood pressure, temperature
|
|
clause 35, Labour Flexibility
|
and pulse checks;
|
|
And Mixed Functions.
|
Blood sugar level checks,
|
|
Perform gardening duties.
|
etc. and assist and support
|
|
Provide advice on planning
|
diabetic residents in the
|
|
And plant maintenance.
|
management of their insulin
|
|
Attend to indoor plants,
|
and diet, recognising the
|
|
conduct recycling and re-
|
signs of both hyper- and
|
|
potting schedules.
|
hypo-glycemia.
|
|
Carry out physical
|
Recognise, report and
|
|
inspections of property and
|
respond appropriately to
|
|
premises and report.
|
changes in the condition of
|
|
|
residents, within the skills
|
|
|
and competence of the
|
|
|
employee and the policies
|
|
|
and procedures of the
|
|
|
organisation.
|
|
|
Assist in the development and
|
|
|
implementation of resident
|
|
|
care plans.
|
|
|
Assist in the development and
|
|
|
implementation of programs
|
|
|
of activities for residents,
|
|
|
under the supervision of a
|
|
|
Care Service Employee -
|
|
|
Grade 3 or above, or a
|
|
|
Diversional Therapist.
|
|
|
(d) Grade 3
An employee who holds either a Certificate Level III in
Care Support Services or other appropriate qualification/experience acceptable
to the employer and:
is designated by the employer as having the
responsibility for leading and/or supervising the work of others; or
is required to work individually with minimal
supervision and has been designated by the employer as having overall
responsibility for a particular function within the facility.
An employee who holds appropriate trade qualifications
and is required to act on them. Where
the work of such employee requires the holding of a licence, the licence
allowance from the applicable State trades award shall be paid.
Employees at this level may be required to plan, direct
and train staff and comply with documentation requirements as determined by the
employer and assist in the development of budgets.
Indicative tasks an employee at this level may perform
are as follows:
Typical Duties
Care Stream
|
Support Stream
|
Maintenance Stream
|
Co-ordinate and direct the
|
Responsible for the planning,
|
Carry out maintenance,
|
work of staff.
|
ordering and preparing of all
|
repairs, gardening and other
|
Schedule work programs on
|
Meals.
|
tasks falling within the scope
|
a routine and regular basis.
|
Responsible for the provision
|
of trades skills.
|
Develop and implement
|
of domestic services.
|
Undertake the more
|
programs of activities for
|
Schedule work programs on
|
complicated repairs to
|
residents.
|
a routine and regular basis.
|
equipment and appliances
|
Develop resident care plans.
|
Co-ordinate and direct the
|
calling for trades skills.
|
|
Work of staff.
|
Co-ordinate and direct the
|
|
Drive a minibus or larger
|
work of staff performing
|
|
vehicle.
|
gardening duties.
|
|
|
Schedule work programs on
|
|
|
a routine and regular basis.
|
(e) Grade 4
Level One
An employee who holds a Certificate IV in Aged Care
Work (CHC40102) 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
|
Support Stream
|
Maintenance Stream
|
Overall responsibility for the
|
Coordinate and direct the work of
|
Coordinate and direct the work of
|
provision of personal care to
|
staff involved with the
|
staff performing gardening duties.
|
residents.
|
preparation and delivery of food.
|
|
|
|
|
Coordinate and direct the work of
|
Schedule work programs.
|
Schedule gardening work
|
staff.
|
|
programs.
|
|
|
|
Schedule work programs.
|
|
Where required, let routine
|
|
|
service contracts associated
|
|
|
with gardening.
|
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 (CHC30102); and
a Certificate IV in Aged Care Work (CHC40102); 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.
(f) Grade 5
This grade shall only apply to employees having
responsibility for supervision of the entire facility.
An employee who may be required to have and use any
additional qualifications than would be required for a Grade 4 employee.
Employees at this level 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.
"Catering Officer" - means a person who is
responsible for catering services.
"Diversional Therapist" - means a person who
provides, facilitates and co-ordinates group and individual leisure and
recreational activities. This person
must be a graduate from an approved university course which includes: the
Associate Diploma and Diploma of Applied Science (Diversional Therapy) at the
University of Sydney; Bachelor of Applied Sciences (Leisure and Health) at the
University of Sydney; Bachelor of Applied Science (Diversional Therapy) at the
University of Western Sydney, Macarthur; the Diploma or Bachelor of Health
Sciences (Leisure and Health) at Charles Sturt University; the Associate
Diploma course in Diversional Therapy conducted by the Cumberland College of
Health Sciences; or who has such other qualifications deemed to be equivalent.
"Maintenance Supervisor (Tradesperson)" -
means an employee who has trade qualifications and has overall responsibility
for maintenance at the place of employment and may be required to supervise
other maintenance staff.
"Maintenance Supervisor (Otherwise)" - means
an employee who is required to perform maintenance duties as required and who
may be required to supervise other maintenance staff and has overall
responsibility for maintenance at the place of employment.
Note: Employees classified and paid as Recreational
Activities Officers as at 3 December 2002 shall be reclassified in accordance
with the new definitions of Care Services Employee. Employees reclassified at
Level 2 by virtue of the above exercise shall be paid at Level 3 from the
effective date of this award, and continue to be so paid whilst employed in the
provision of recreational activities by their current employer. These employees may be required to perform
the duties of a Level 3 Care Services Employee where they have the skill and
competence to do so.
(ii) Homecare
Employees
(a) Homecare Worker
"Homecare Worker" - means an employee who
performs the duties associated with the provisions of Homecare Services to
Homecare Clients in the private residence, which may include cleaning,
child-minding, gardening, handywork (within the employee's skills and
competencies), cooking, laundry, shopping, personal errands, escorting clients
and associated driving, personal care services and general up-keeping
services. A Homecare Worker would not
normally live at the client’s residence for periods in excess of 48 hours.
An employee employed as a Homecare Employee may be
offered additional hours (over and above their guaranteed minimum hours) at a
facility and would be paid the rate applicable to the classification worked.
An employee employed at a facility may be offered
additional hours (over and above their guaranteed minimum hours) in homecare
duties and this employee would be paid the rate applicable to that of a
Homecare Employee.
Grade 1
Shall mean a person without previous relevant
experience in personal care delivery.
This is a trainee level, which applies to new employees. The employer shall provide training. At the end of a period of six months or 250
hours employment, whichever is first completed, employees who have
satisfactorily completed the requirements of Grade 1 shall progress to Grade 2.
Should an employee at this Grade 1 level not
satisfactorily complete the requirements of Grade 1, he/she shall be notified
in writing by the employer two weeks prior to the date on which he/she would
have proceeded to Grade 2.
An employee may seek the assistance of the Union during
these discussions and, if there is a disagreement between the parties as to the
employee’s future, the matter shall be resolved as per clause 33, Grievance and
Dispute Resolution procedure.
A Grade 1 employee shall work under general
supervision.
Notwithstanding the above, employees who choose only to
carry out general housekeeping duties and are not prepared to multi-skill shall
be paid at this grade.
Grade 2
Shall mean a person who satisfies the requirements of
Grade 1 and has progressed to Grade 2.
An employee at this level shall be competent in
carrying out simple personal care, housekeeping and tasks relevant to assisting
clients to maintain their independence in their own homes and may be required
to perform the duties of Handyperson as defined.
Optional training shall be provided to employees at the
request of the employees at this level to equip employees to apply for
positions at Grade 3.
Grade 2 employees may be required to perform complex
tasks required of a Grade 3 employee from time to time, within their
competence, and shall be paid at the rate for Grade 3 whenever such duties are
performed for periods in excess of five hours per week.
Where the employer requires the employee to perform any
or all of the tasks set out below, relevant to a Grade 2 position, the employee
must possess relevant skill and competence to perform such tasks. Where the employee does not possess such
skills and competence, appropriate training shall be provided.
Typical Duties - Grade 2
Showering/Bathing
Excepting where client has severely limited/uncontrollable
body movements:
Assisting clients to shower/bath self or totally
showering/bathing client;
Assisting with mobility or transferring to and from
shower/bath;
Assisting or transferring client to commode chair;
Supervising children’s bath;
Bathing a baby;
Total bed bath/sponge - exception Level 3.
Toileting
Helping people to the toilet;
Assisting people to use the toilet by loosening
clothing;
Assisting client to change own incontinence and
sanitary pads;
Assisting clients with bottles;
Assisting self-catheterisation by holding mirror or
positioning legs except where there is severely limited/uncontrollable body
movements;
Changing babies, nappies, toileting children.
Menstrual Care
Assisting with menstrual care.
Skin Care
All skin care (e.g. application of cream, rubbing
pressure areas with lotion, etc. except where dressings are involved).
Grooming
All hair care;
Limited care of nails.
Shaving:
(i) where there are
uncontrollable body movements use electric razors only;
(ii) all other
shaving - electric razors recommended.
All dressing/undressing or assistance with
dressing/undressing except where there is uncontrollable body movements.
Oral Hygiene
Assisting clients with their own care of teeth or
dentures;
Care of teeth and dentures for the client by using
tooth brush/toothpaste/oral solution only.
Oral Medication
Assisting client with or administering liquid
medicines, pills, powders, nose and eye drops.
Transferring/Mobility
Transferring client in and out of bed/chair/car and
assisting with mobility- exceptions see Level 3;
Assisting clients to turn or sit up - exceptions Level
3.
Fitting of Aids/Appliances
Such as splints and callipers.
Therapy
Assisting with therapy in any of the following
circumstances:
Low level of assistance is required;
Carer/therapist is not on site and client is able to
take responsibility for the therapy or carer/therapist is on site;
Simple instructions required rather than specialised
training knowledge.
Assistance with Eating
Assisting where there are no eating difficulties.
Grade 3
Shall mean a person who performs the duties of a Grade
2 and is required to directly attend to a client’s needs, as opposed to
assisting the client to do for himself/herself because of the client’s
behaviour or the client's condition and/or household environment.
Where the employer requires the employee to perform any
or all of the tasks set out below, relevant to a Grade 3 position, the employee
must possess relevant skill and competence to perform such tasks. Where the employee does not possess such
skills and competence, appropriate training shall be provided.
Grade 3 employees will be involved in on-the-job
training of Homecare Employees where required.
Typical Duties - Grade 3
Showering/Bathing
Showering/bathing adults and children with severely
limited/uncontrollable body movements;
Total bed bath/sponge where there is severely
limited/uncontrollable body movements or serious comfort/health consideration.
Toileting
Assisting in placement/removal/emptying/care/cleaning
of sheaths and leg baths;
Assisting with indwelling catheterisation by changing
collection bag and cleaning around the insertion site;
Changing or assisting with urinary diversion -
colostomy and drainage bags;
All bowel management;
Continual caring of someone with bowel incontinence,
including washing the person and changing bowel incontinence pads;
Assisting the resident with the sterilising of glass
catheters.
Menstrual Care
Changing tampons and sanitary pads.
Skin Care
Changing simple wound dressing;
Application of treatment creams to genital area.
Nasal Care
Cleaning noses.
Grooming
All dressing/undressing where there are severely
limited/uncontrollable body movements.
Medication
Suppositories;
Assist and support diabetic residents in the management
of their insulin and diet and recognising the signs of both hyper- and
hypo-glycemia.
Transferring/Mobility
Assisting clients to turn/sit where clients can offer
limited/no assistance with weight bearing;
Using mechanical aids to lift and transfer clients;
Assisting clients with transfers/mobility where:
(i) Clients can
offer limited/no assistance with weight bearing;
(ii) Careful
handling is required because of the client’s health/disability;
(iii) Some lifting or
physically awkward movement is involved for employees in transfer/mobility.
Therapy
Assisting with therapy in any of the following
circumstances:
(i) High degree of
assistance is involved;
(ii) Employees have
total responsibility because client is unable to take responsibly for the
therapy and carer/therapist is not on site;
(iii) Specialised
training knowledge is required.
Assisting with Eating
Assisting with eating where a risk of choking, vomiting
or other eating difficulty is involved.
(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
Grades 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
Health Services Union will be contacted.
During this period of time the Live-in Housekeeper will not suffer any
reduction in pay. Discussions will
commence as soon as possible between the employer and the said Union. From the date of contact with the said
Union, the Live-in Housekeeper will not suffer any reduction in pay, although
such time will be limited to two weeks.
(iii) Clerical and
Administrative Employees
(a) Grades
All employees shall be graded in one of the following
grades and informed accordingly in writing within 14 days of appointment to the
position held by the employee and subsequent graded positions.
(b) An employee
shall be graded in the grade where the principal function of his/her
employment, as determined by the employer, is of a clerical nature and is
described in paragraphs (c) to (g) of this subclause.
(c) A Grade 1
position is described as follows:
(1) The employee may
work under direct supervision with regular checking of progress.
(2) An employee at
this grade applies knowledge and skills to a limited range of tasks. The choice of actions required is clear.
(3) Usually work
will be performed within established routines, methods and procedures which are
predictable and which may require the exercise of limited discretion.
Indicative tasks of a Grade 1 position are:
Unit
|
Element
|
Information
|
Receive and distribute incoming mail
|
Handling
|
Receive and dispatch outgoing mail
|
|
Collate and dispatch documents for bulk mailing
|
|
File and retrieve documents
|
Communication
|
Receive and relay oral and written messages
|
|
Complete simple forms
|
Enterprise
|
Identify key functions and personnel
|
|
Apply office procedures
|
Technology
|
Operate office equipment appropriate to the tasks to be
completed
|
|
Open computer file, retrieve and copy data
|
|
Close files
|
Organisational
|
Plan and organise a personal daily work routine
|
Team
|
Complete allocated tasks
|
Business
|
Record petty cash transactions
|
Financial
|
Prepare banking documents
|
|
Prepare business source documents
|
(d) A Grade 2 position
is described as follows:
(1) The employee may
work under routine supervision with intermittent checking.
(2) An employee at
this grade applies knowledge and skills to a range of tasks. The choice of actions required is usually
clear, with limited complexity in the choice.
(3) Work will be
performed within established routines, methods and procedures, which involve
the exercise of some discretion and minor decision-making.
Indicative tasks of a Grade 2 position are:
Unit
|
Element
|
Information Handling
|
Update and modify existing organisational records
|
|
Remove inactive files
|
|
Copy data on to standard forms
|
Communication
|
Respond to incoming telephone calls
|
|
Make telephone calls
|
|
Draft simple correspondence
|
Enterprise
|
Provide information from own function area
|
|
Re-direct inquiries and/or take appropriate follow-up
|
|
action
|
|
Greet visitors and attend to their needs
|
Technology
|
Operate equipment
|
|
Identify and/or rectify minor faults in equipment
|
|
Edit and save information
|
|
Produce document from written text using standard format
|
|
Shutdown equipment
|
Organisational
|
Organise own work schedule
|
|
Know roles and functions of other employees
|
Team
|
Participate in identifying tasks for team
|
|
Complete own tasks
|
|
Assist others to complete tasks
|
Business Financial
|
Reconcile invoices for payment to creditors
|
|
Prepare statements for debtors
|
|
Enter payment summaries into journals
|
|
Post journals to ledger
|
(e) A Grade 3
position is described as follows:
(1) The employee may
work under limited supervision with checking related to overall progress.
(2) An employee at
this grade may be responsible for the work of others and may be required to
co-ordinate such work.
(3) An employee at
this grade applies knowledge with depth in some areas and a broad range of
skills. Usually work will be performed
within routines, methods and procedures where some discretion and judgement is
required.
Indicative tasks of a Grade 3 position are:
Unit
|
Element
|
Information
|
Prepare new files
|
Handling
|
Identify and process inactive files
|
|
Record documentation movements
|
Communication
|
Respond to telephone, oral and written requests for
information
|
|
Draft routine correspondence.
|
|
Handle sensitive inquiries with tact and discretion
|
Enterprise
|
Clarify specific needs of client/other employees
|
|
Provide information and advice
|
|
Follow-up on client/employee needs
|
|
Clarify the nature of a verbal message
|
|
Identify options for resolution and act accordingly
|
Technology
|
Maintain equipment
|
|
Train others in the use of office equipment
|
|
Select appropriate media
|
|
Establish document structure
|
|
Produce documents
|
Organisational
|
Co-ordinate own work routine with others
|
|
Make and record appointments on behalf of others
|
|
Make travel and accommodation bookings in line with given
|
|
itinerary
|
Team
|
Clarify tasks to achieve group goals
|
|
Negotiate allocation of tasks
|
|
Monitor own completion of allocated tasks
|
Business Financial
|
Reconcile accounts to balance
|
|
Prepare bank reconciliations
|
|
Document and lodge takings at bank
|
|
Receive and document payment/takings
|
|
Dispatch statements to debtors
|
|
Follow up and record outstanding accounts
|
|
Dispatch payments to creditors
|
|
Maintain stock control records
|
(f) A Grade 4
position is described as follows:
(1) The employee may
be required to work without supervision, with general guidance on progress and
outcomes sought. Responsibility for the
organisation of the work of others may be involved.
(2) An employee at
this grade applies knowledge with depth in some areas and a broad range of skills. There is a wide range of tasks, and the
range and choice of actions required will usually be complex.
(3) An employee at
this grade applies competencies usually applied within routines, methods and
procedures where discretion and judgement is required, for both self and
others.
Indicative tasks of a Grade 4 position are:
Unit
|
Element
|
Information
|
Categorise files
|
Handling
|
Ensure efficient distribution of files and records
|
|
Maintain security of filing system
|
|
Train others in the operation of the filing system
|
|
Compile report
|
|
Identify information source(s) inside and outside the
|
|
organisation
|
Communication
|
Receive and process a request for information
|
|
Identify information source(s)
|
|
Compose report/correspondence
|
Enterprise
|
Provide information on current service provision and
resource
|
|
allocation within area of responsibility
|
|
Identify trends in client requirements
|
Technology
|
Maintain storage media
|
|
Devise and maintain filing system
|
|
Set printer for document requirements when various set-ups
are
|
|
available
|
|
Design document format
|
|
Assist and train network users
|
|
Shutdown network equipment
|
Organisational
|
Manage diary on behalf of others
|
|
Assist with appointment preparation and follow-up for
others
|
|
Organise business itinerary
|
|
Make meeting arrangements
|
|
Record minutes of meeting
|
|
Identify credit facilities
|
|
Prepare content of documentation for meetings
|
Team
|
Plan work for the team
|
|
Allocate tasks to members of the team
|
|
Provide training for team members
|
Business Financial
|
Prepare financial reports
|
|
Draft financial forecasts/budgets
|
|
Undertake and document costing procedures
|
(g) A Grade 5
position is described as follows:
(1) The employee may
be supervised by professional staff and may be responsible for the planning and
management of the work of others.
(2) An employee at
this grade applies knowledge with substantial depth in some areas, and a range
of skills, which may be varied or highly specific. The employee may receive assistance with specific problems.
(3) An employee at
this grade applies knowledge and skills independently and non-routinely. Judgement and initiative are required.
Indicative tasks of a Grade 5 position are:
Unit
|
Element
|
Information
|
Implement new/improved system
|
Handling
|
Update incoming publications
|
|
Circulate publications
|
|
Identify information source(s) inside and outside the
organisation
|
Communication
|
Obtain data from external sources
|
|
Produce report
|
|
Identify need for documents and/or research
|
Enterprise
|
Assist with the development of options for future
strategies
|
|
Assist with planning to match future requirements with
resource
|
|
allocation
|
Technology
|
Establish and maintain a small network
|
|
Identify document requirements
|
|
Determine presentation and format of document and produce
it
|
Organisational
|
Organise meetings
|
|
Plan and organise conference
|
Team
|
Draft job vacancy advertisement
|
|
Assist in the selection of staff
|
|
Plan and allocate work for the team
|
|
Monitor team performance
|
|
Organise training for team
|
Business Financial
|
Administer PAYE salary records
|
|
Process payment of wages and salaries
|
|
Prepare payroll data
|
5. Wages
(i) Employees shall
be paid not less than the rates for the appropriate classification set out in
Part B, Monetary Rates, of this award.
(ii) Nothing in
this award shall be deemed or construed to reduce the wages, conditions or
allowances of any employee below that level accorded him/her prior to the date
of operation of this award.
(iii) Wages for
school based apprentice
(a) The hourly rates
for full time apprentices as set out in this Award shall apply to school based
apprentices for total hours worked including time deemed to be spent in off-the
job training.
(b) For the purposes
of subclause (a) of this clause, where a school based apprentice is a full time
school student, the time spent in off-the-job training for which the school
based apprentice is paid is deemed to be 25 per cent of the actual hours worked
on-the-job each week. The wages paid for training time may be averaged over the
school term or year.
(c) Where this Award
specifies a weekly rate for full time apprentices the hourly rate shall be
calculated by dividing the applicable weekly rate by 38.
(iv) This award has
been varied by consent, to reflect adjustments in the rates of pay. The adjustments may be offset against any
equivalent overaward payments. The
adjustments are in lieu of any adjustments available under the State Wage Case
2010.
6. Remuneration
Packaging
Where agreed between the employer and an employee, an
employer may introduce remuneration packaging. The terms and conditions of such
a package may make provision for a salary greater than that contained in the
salary band. The package overall shall
not be less favourable than the entitlements otherwise available under this
award and shall be subject to the following provisions:
(i) the employer
shall ensure that the structure of any package complies with taxation and other
relevant laws;
(ii) the employer
shall confirm in writing to the employee the classification level and the
current salary payable as applicable to the employee under this award;
(iii) the employer
shall advise the employee in writing of his/her right to choose payment of that
salary referred to in subclause (ii) of this clause instead of a remuneration
package;
(iv) the employer
shall advise the employee, in writing, that all award conditions, other than
the salary and those conditions as agreed in subclause (v) of this clause shall
continue to apply;
(v) where packaging
arrangements apply, the employer and employee may by mutual agreement delete
the application of certain award clauses, excepting clause 19, Annual Leave,
clause 22, Sick Leave, clause 21, Long Service Leave, clause 23,
Personal/Carer’s Leave, clause 18, Public Holidays, clause 33, Grievance and
Dispute Resolution Procedures, and clause 38, Parental Leave;
(vi) when
determining the remuneration package, the non-salary fringe benefit shall be in
accordance with relevant Australian Taxation Office legislation;
(vii) a copy of the agreement
shall be made available to the employee;
(viii) the employee
shall be entitled to inspect details of the payments made under the terms of
this agreement;
(ix) the
configuration of the remuneration package shall remain in force for the period
agreed between the employee and the employer;
(x) where at the end
of the agreed period the full amount allocated to a specific benefit has not
been utilised, by agreement between the employer and the employee, an unused
amount may be carried forward to the next period, or paid as salary which will
be subject to usual taxation requirements;
(xi) salary
packaging is only offered on the strict understanding and agreement that, in
the event existing taxation law is changed regarding Fringe Benefit Tax or
personal tax arrangements, and that change may impact on this agreement, all
salary packaging arrangements may at the discretion of the employer be
terminated. Upon termination in these
circumstances the employee’s rate of pay will revert to the rate of pay that
applied immediately prior to a salary packaging agreement made pursuant to this
clause, or the appropriate award rate of pay, whichever is greater;
(xii) where changes
are proposed to salary packaging arrangements other than to flow on wage
increases, or salary packaging arrangements are to be cancelled for reasons
other than legislative requirements, then the employer and/or the employee must
give three months notice of the proposed change;
(xiii) in the event
that employee ceases to be employed by the employer this agreement will cease
to apply as at the date of termination and all leave entitlements due on
termination shall be paid at the rates in accordance with subclause (ii) of
this clause. Any outstanding benefit
shall be paid on or before the date of termination;
(xiv) any pay
increases granted to employees under this award shall also apply to employees
subject to remuneration packaging arrangements within this clause.
7. Hours
(i)
(a) The ordinary
hours of work for Day Workers, exclusive of meal times, shall not exceed 152
hours per 28 calendar days or 76 hours per fortnight to be worked Monday to
Friday and to commence on such days at or after 6:00 a.m. and at or before
10:30 a.m.
(b) The ordinary
hours of work for Shift Workers, exclusive of meal times, shall not exceed 152
hours per 28 calendar days or 76 hours per fortnight or an average of 38 hours
per week in each roster cycle.
(ii)
(a) The hours of
work prescribed in subclause (i) of this clause shall be arranged as follows:
(1) 152 hours in a
28 calendar-day cycle to be arranged so that each employee shall not work their
ordinary hours on more than 19 days in the 28 calendar-day cycle; or
(2) 190 hours per 35
calendar days to be arranged so that each employee shall not work their
ordinary hours on more than 19 days in the 35 calendar-day cycle.
(b) Following
consultation and discussion with the Union, the hours of work may also be
arranged in one of the following ways:
(1) 76 hours per
fortnight to be arranged so that each employee shall not work their ordinary
hours on more than ten days in the fortnight; or
(2) 38 hours per
week to be arranged so that each employee shall not work their ordinary hours
on more than five days in the week.
(iii)
(a) Each employee
shall be entitled to not less than four full days in each fortnight free from
duty or two full days in each week free from duty (rostered days off), and
every effort shall be made for such rostered days off to be consecutive, unless
otherwise agreed.
(b) A Live-in Housekeeper
shall, after each five consecutive days of duty, be entitled to two consecutive
days off, provided that:
(1) Such days may
accumulate to a limit of six and in any case must be taken at the conclusion of
such service.
(2) Where it is
mutually agreed between the employer and the employee that under such
circumstances the days of duty should continue, such days may accumulate to a
limit of eight to be taken at the conclusion of such service.
(3) Provided that
the Live-in Housekeeper shall continue to receive the normal weekly wage during
such days off.
(iv) Each shift
shall consist of no more than ten hours on a day shift or 11 hours on a night
shift with not less than eight hours break between each shift; provided that an
employee shall not work more than seven consecutive shifts unless the employee
so requests and the employer agrees.
(v)
(a) Full-time
employees shall receive a minimum payment of four hours for each start in
respect of ordinary hours of work.
(b) Permanent
part-time and casual employees, other than Homecare Employees, shall receive a
minimum payment of two hours for each start.
(c) Permanent
part-time Homecare Employees and casual Homecare Employees shall receive a
minimum of one hour for each engagement
(vi)
(a) An employee whose
ordinary hours of work are arranged in accordance with paragraph (a) of
subclause (ii) of this clause shall be entitled to an allocated day off in each
cycle of 28 days or 35 days as the case may be. The ordinary hours worked on each of those days shall be arranged
to include a proportion of one hour on the basis of 0.4 of one hour for each
eight-hour shift worked and 0.5 of one hour for each ten-hour shift worked
which shall accumulate towards the employee's allocated day off duty on pay.
(b) A full-time
employee's allocated day off duty (ADO) shall be determined by mutual agreement
between the employee and the employer having regard to the needs of the place
of employment or sections thereof. Such
allocated day off duty shall, where practicable, be consecutive with the
rostered days off prescribed in subclause (iii) of this clause. Provided that allocated days off shall not
be rostered on public holidays.
(c) Where the
employer and the employee agree, up to five allocated days off may be accumulated
and taken in conjunction with the employee's annual leave or at another agreed
time.
(d) In a hostel
which has a bed capacity of 40 or less, the employer shall have the option of
granting an employee a 19-day four-week cycle or accumulating 12 allocated days
off per annum which may be taken in conjunction with the employee's annual
leave or at another agreed time.
(e) No time towards
an allocated day off shall accumulate during periods of workers' compensation,
unpaid parental leave, long service leave, any period of unpaid leave or the
statutory four weeks' annual leave.
(f) Credit towards
an allocated day off shall continue to accumulate whilst an employee is on paid
sick leave. Where an allocated day off
duty falls during a period of sick leave, the employee's available sick leave
shall not be debited for that day.
(vii) The ordinary
hours of work for a permanent part-time employee will be a specified number of
hours, which are less than those prescribed for a full-time employee. The specified number of hours may be
balanced over a week or fortnight, 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 subclause.
(viii) Two separate
ten-minute tea breaks (in addition to meal breaks) shall be allowed each employee
on duty during each ordinary shift of 7.6 hours or more; where less than 7.6
ordinary hours are worked, employees shall be allowed one ten-minute tea break
in each four-hour period. Subject to
agreement between the employer and the employee, the two ten-minute tea breaks
may alternatively be taken as one 20-minute tea break, or by one ten-minute tea
break with the employee allowed to proceed off duty ten minutes before the
completion of the normal shift finishing time.
Such tea break(s) shall count as working time.
(ix) Employees must
receive a minimum break of eight hours between ordinary rostered shifts, which
are not broken shifts.
(x) Except for meal
breaks, all time from the commencement to the cessation of duty each shift
shall count as working time, except for shifts being worked as broken shifts.
(xi) With respect to
broken shifts:
(a) A "broken
shift" for the purposes of this subclause means a single shift worked by
an employee that includes one or more breaks in excess of that provided for meal
breaks, where the time between the commencement and termination of the broken
shift shall not exceed 12 hours.
(b) An employee must
receive a minimum break of ten hours between broken shifts rostered on
successive days.
(c) Where broken
shifts are worked, employees shall receive an allowance of the amount set out
in Item 1 of Table 2 - Other Rates and Allowances, of Part B of this award, per
shift.
(d) Payment for a
broken shift shall be at ordinary pay with penalty rates and shift allowances
in accordance with clause 15, with shift allowances being determined by the
commencing time of the broken shift.
(e) All work
performed beyond the maximum span of 12 hours for a broken shift will be paid
at double ordinary pay.
(f) Broken shifts
may be introduced for up to four weeks without the permission of the Union.
(g) Where the
employer seeks the approval of the Union to work broken shifts in excess of
four weeks, it must be in writing, which the Union will accept or decline
within 14 days. The Union will not
decline such an application without good cause.
(h) Where an
employee works a broken shift and at least part of that shift involves the work
of a Homecare Employee, the employer is not required to seek the exemption from
the Union as prescribed by paragraph (g) of this subclause.
8. Roster of Hours
(i)
(a) The ordinary
hours of work for each employee shall be displayed on a roster in a place
conveniently accessible to employees.
Such roster shall be displayed two weeks prior to the commencing date of
the first working period in any roster subject to paragraph (b) of this
subclause.
(b) In the case of
Homecare Employees, alternative means of communicating changes of rosters such
as telephone communication, direct contact, mail or facsimile will be accepted.
(ii) Subclause (i)
of this clause shall not make it obligatory for the employer to display any
roster of ordinary hours of work of members of the casual or relieving staff.
(iii) Provided that
a roster may be altered at any time to enable the service of the organisation
to be carried on where another employee is absent from duty on account of
illness or in an emergency. Where such
alteration involves an employee working on a day which would have been his/her
rostered day off, such employee may elect to be paid at overtime rates or have
a day off in lieu which shall be mutually arranged.
Provided also that this provision shall not apply where
the only change to the roster of a part-time employee is the mutually agreed
addition of extra hours to be worked such that the part-time employee still has
two rostered days off in that week or four rostered days off in that fortnight,
as the case may be.
Provided further that any alteration to the roster of
hours of a Day Worker must be consistent with the definition of a Day Worker
contained in clause 2, Definitions.
(iv)
(a) Where a Homecare
Client cancels for reasons other than those outlined in paragraph (b) of this
subclause, permanent employees shall be entitled to receive payment for their
minimum specified hours in that pay period.
The employer may direct the employee to make-up time equivalent to the
cancelled time, in that or the subsequent fortnightly period. This time may be made up working with other
Homecare Clients or in a facility.
(b) Where the
employer is unable to meet the minimum specified hours of a permanent employee
for reasons associated with death, hospitalisation or other like extenuating
circumstances, the following procedures shall be followed in the sequence
provided:
(1) work shall be
re-allocated from casual employees to the permanent employee; or
(2) hours shall be
reallocated from another employee who is working hours additional to their
minimum specified hours; or
(3) where the
employee agrees, the employee may have access to annual or long service leave;
or
(4) the employee and
employer may agree to a period of unpaid leave; or
(5) failing
agreement in subparagraph (4) of this paragraph, refer to the dispute
procedure.
(6) Notwithstanding
the provisions in subparagraphs (1) to (5) inclusive, if after six weeks - or
earlier if by mutual agreement - the employer is unable to provide the minimum
specified hours, the employee shall be entitled to the provisions set out in
clause 42, Redundancy.
(v) Where an employee
is entitled to an allocated day off duty in accordance with clause 7, Hours,
that allocated day off duty is to be shown on the roster of hours for that
employee.
(vi) Each sleepover
shall appear on the roster.
9. Meals
(i)
(a) Employees shall
not be required to work more than six hours without a meal break. Such meal break shall be of between 30 and
60 minutes duration and shall not count as time worked.
(b) However,
employees engaged in homecare duties may be rostered to have a paid 20-minute
break in the place of the meal break where they are required to remain with the
client during such break.
(c) In the event
that all or some of the meals of breakfast, lunch and dinner are not provided
for a live-in housekeeper, the employer shall reimburse such reasonable amounts
for same, upon proof of expenditure.
(ii) Notwithstanding
the provisions of subclause (i) of this clause, an employee required to work
shifts in excess of ten hours shall be entitled to a 60-minute meal break. Such time shall be taken as either two
30-minute meal breaks or one 60-minute meal break, subject to agreement between
employer and employee.
(iii) An employee
who is required to work overtime for more than two hours and such overtime goes
beyond 7:00 a.m., 1:00 p.m., and 6:00 p.m. shall, at the option of the
employer, be supplied with a meal or shall be paid:
(a) an amount set
out in Item 2 of Table 2 - Other Rates and Allowances, of Part B of this award,
for breakfast;
(b) an amount set
out in Item 3 of the said Table 2 for luncheon;
(c) an amount set
out in Item 4 of the said Table 2 for the evening meal.
10. Overtime
(i) All time worked
by employees outside the ordinary hours in accordance with clause 7, Hours, and
clause 8, Roster of Hours, shall be paid time and one half ordinary pay up to
two hours each day and thereafter double ordinary pay; provided, however, that
all overtime worked on Sunday shall be paid at double ordinary pay and all
overtime worked on public holidays shall be paid for at double time and one-half
ordinary pay
(ii) An employee
must receive an eight- or ten-hour break between rostered shifts, in accordance
with clause 7, Hours. Where the next
shift is due to commence before the employee has had their appropriate eight or
ten hours break, one of the following will apply:
(a) The employee
will be released prior to, or after the completion of their shift to permit
them to have their appropriate break under clause 7, Hours, without loss of pay
for the working time occurring during such absence.
(b) If at the
request of the employer an employee works without their appropriate break, they
shall be paid until they are released from duty at overtime rates. Once released from duty, such employees
shall be entitled to be absent from work until they have had their appropriate
break in accordance with clause 7, Hours, without loss of pay for working time
occurring during such an absence.
(iii) Employees who
are recalled to work overtime after leaving the employer's place of work shall
be paid a minimum of four hours at the applicable overtime rate for each time
so recalled. Provided that, except in
unforeseen circumstances, an employee shall not be required to work the full
four hours if the tasks they were recalled to perform are completed within a
shorter period.
(a) An employee
recalled to work overtime pursuant to subclause (ii) of this clause shall be
reimbursed reasonable travel expenses incurred in respect of the recall to
work.
(b) Provided that,
where an employee elects to use their own vehicle, they shall be paid an
allowance of the amount set out in Item 5 of Table 2 - Other Rates and
Allowances, of Part B of this award.
(c) An employee who
agrees to be on call, requiring to make themselves ready and available to
return to work whilst off duty, shall be paid an allowance of the amount set
out in Item 6 of the said Table 2.
(d) Employees will
not be required to be on call in excess of ten days in any 28-day period.
(iv) For the
purposes of assessing overtime, each day shall stand alone, provided 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.
(v) All time worked
by permanent part-time employees in excess of the hours prescribed in subclause
(iv) of clause 7, Hours, of this award shall be paid for at overtime rates.
(a) All time worked
by permanent part-time employees in excess of the rostered daily ordinary hours
of work prescribed for the majority of full-time employees employed on that
shift in the ward or section concerned, or, where there is no such majority of
full-time employees employed on that shift in the ward or section concerned,
all time in excess of 11 hours per day shall be paid for at overtime rates.
Provided that time worked up to the 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 ordinary pay.
(b) All time worked
by permanent part-time employees in excess of the hours prescribed for a
full-time employee in clause 7, Hours, shall be paid for at overtime rates.
(vi) In lieu of
receiving payment for overtime in accordance with this clause, employees may be
compensated by way of time off in lieu of overtime on the following basis:
(a) Time off in lieu
of overtime is taken on the basis of hour for hour at ordinary pay, that is,
for example, one hour off for each hour of overtime worked. However, any applicable shift and weekend
penalties shall still be paid as if the time was worked when taking such time
in lieu. It must be taken within four
months of it being accrued at a mutually agreed time.
(b) Where it is not
possible for an employee to take the time off in lieu of overtime within the
four-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) Employees cannot
be compelled to take time off in lieu of overtime.
(d) The employer
must maintain records of all time in lieu of overtime owing and taken by
employees.
(e) Where no
election is made, the employee shall be paid overtime rates in accordance with
the award.
11. Permanent
Part-Time Employee
(i) A permanent
part-time employee is one who is permanently appointed by a facility to work
for a specified number of hours, which are less than those prescribed for a
full-time employee.
(ii) At the request
of an employee, the hours worked by the employee will be reviewed annually.
Where the employee is regularly working more than their specified contract
hours then such contract hours shall be adjusted by the employer, to reflect
the hours regularly worked. The hours worked in the following circumstances
will not be incorporated in the adjustment.
(a) if the increase
in hours is as a direct result of an employee being absent on leave, such as
for example, annual leave, long service leave, maternity leave, workers
compensation; and
(b) if the increase
in hours is due to a temporary increase in hours only due, for example, to the
specific needs of a resident.
(iii) Any adjusted
contracted hours resulting from a review identified in subclause (ii) of this
clause should, however, be such as to readily reflect roster cycles and shift
configurations utilised at the workplace.
(iv) Permanent
part-time employees shall be entitled to all other benefits of this award not
otherwise expressly provided for herein in the same proportion as their
ordinary hours of work bear to full-time hours.
(v) Permanent
part-time employees engaged in the provision of homecare services shall:
(a) Have a minimum
specified number of hours of ten per week or 20 per fortnight.
(b) Have a minimum
payment per engagement of one hour.
(c) Notwithstanding
the provisions in paragraph (a) of this subclause, where there is a genuine
agreement in writing between the employer and employee, the minimum contract
hours may be reduced.
(d) Have hours of
engagement maintained as per clause 8, Roster of Hours.
12. Casual Employee
(i)
(a) A casual
employee is one engaged on an hourly basis otherwise than as a full-time
employee or permanent part-time employee.
(b) A casual
employee may only be engaged in the following circumstances: for short term
periods where there is a need to supplement the workforce arising from
fluctuations in the needs of the facility; or in the place of another employee
who is absent; or in an emergency.
(ii) A casual
employee shall be paid an hourly rate calculated on the basis of one
thirty-eighth (1/38th) of the appropriate rate prescribed by Part B, Monetary
Rates of this award, plus ten (10) per centum thereof, with a minimum payment
of two hours for each start, (where the casual is employed in the place of a
homecare employee who is absent then the minimum payment per engagement may be
one (1) hour) and one thirty-eighth of the uniform and laundry allowances where
a uniform is not supplied in accordance with clause 30-Uniforms and Protective
Clothing.
(iii) For weekend
and public holiday work, casual employees shall, in lieu of all other penalty
rates and the 10% casual loading, receive the rates prescribed in clause
15-Penalty Rates and Shift Allowances and clause 18-Public Holidays.
(iv) Overtime rates
shall be payable on the hourly rate (1/38th) in lieu of the 10% casual loading
only when a casual works in excess of 38 hours per week or 76 hours per
fortnight depending on the pay period.
(v) For the
entitlement to annual leave, a casual shall receive an additional amount
equivalent to one-twelfth of the sum of their ordinary pay plus payments
received in accordance with clause 15-Penalty Rates and Shift Allowances. No other allowances or payments are to be
included for the calculation of this annual leave entitlement. Further, this
amount will be itemised separately on the employee’s pay records.
(vi) For the
entitlement to long service leave, see Long Service Leave Act, 1955.
(vii) With respect to
a casual employee, the provisions of the following clauses shall not apply:
Clause 8-Roster of Hours; clause 19-Annual Leave;
clause 20-Annual Leave Loading; clause 21-Long Service Leave; clause 22-Sick
Leave; clause 24-Compassionate Leave; clause 25-Leave Without Pay, clause 27-Service
Allowance: clause 28-Leading Hands; clause 29-Higher Duties; clause 32-Live-In;
clause 36-Promotions and Appointments; clause 37-Emergency Telephone Calls;
clause 39-Repatriation Leave; clause 41-Apprentices.
(viii) Personal Carers
Entitlement for casual employees
(a) Subject to the
evidentiary and notice requirements in Clauses 23(i)(b) and 23(i)(d) casual
employees are entitled to not be available to attend work, or to leave work if
they need to care for a person prescribed in Clause 23(i)(c)(2) who are sick
and require care and support, or who require care due to an unexpected
emergency, or the birth of a child.
(b) The employer and
the employee shall agree on the period for which the employee will be entitled
to not be available to attend work. In the absence of agreement, the employee
is entitled to not be available to attend work for up to 48 hours (i.e. two
days) per occasion. The casual employee is not entitled to any payment for the
period of non-attendance.
(c) An employer must
not fail to re-engage a casual employee because the employee accessed the
entitlements provided for in this clause. The rights of an employer to engage
or not to engage a casual employee are otherwise not affected.
(ix) Bereavement
entitlements for casual employees
(a) Subject to the
evidentiary and notice requirements in Clause 24(ii)(a)(2) casual employees are
entitled to not be available to attend work, or to leave work upon the death in
Australia of a person prescribed in Clause 23(i)(c)(2).
(b) The employer and
the employee shall agree on the period for which the employee will be entitled
to not be available to attend work. In the absence of agreement, the employee
is entitled to not be available to attend work for up to 48 hours (i.e. two
days) per occasion. The casual employee is not entitled to any payment for the
period of non-attendance
(c) An employer must
not fail to re-engage a casual employee because the employee accessed the
entitlements provided for in this clause. The rights of an employer to engage
or not engage a casual employee are otherwise not affected.
13. Temporary
Employment
(i) Fixed-term or
task contracts of employment may be offered and such temporary employees
engaged where necessary to meet the genuine occupational requirements of the
employer, which may include but not be limited to parental leave, limited-term
funding arrangements, long-term relief or forthcoming service reductions.
(ii) The provision
of clause 42, Redundancy, will not apply to such employees.
14. Climatic and Isolation
Allowance
(i) Subject to
subclause (ii) of this clause, persons employed in organisations in places
situated upon or to the west of a line drawn as herein specified shall be paid
an allowance of the amount set out in Item 7 of Table 2 - Other Rates and
Allowances, of Part B of this award, per week 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, namely:
Lockhart; Narrandera; Leeton; Peak Hill; Gilgandra; Dunedoo; Coolah; Boggabri;
Inverell; and Bonshaw.
(ii) Persons
employed in organisations in places situated upon or to the west of a line
drawn as herein specified shall be paid an allowance of the amount set out in
Item 8 of the said Table 2 per week 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 (Victoria) and
thence to the following towns in the order stated, namely: Hay; Hillston;
Nyngan; Walgett; Collarenebri; and Mungindi.
(iii) The allowances
prescribed by this clause are not cumulative.
(iv) Except for the
computation of overtime, the allowances prescribed by this clause shall be
regarded as part of salary for the purposes of this award.
(v) An employee who
works less than 38 hours per week shall be entitled to the allowances
prescribed by this clause in the same proportion as the average hours worked
each week bears to 38 ordinary hours.
15. Penalty Rates and
Shift Allowances
(i) Employees shall
be paid the following percentages in addition to their ordinary pay and, where
applicable, the 10% casual loading, for shifts rostered as follows:
(a) 10% for
afternoon shift commencing after 10:30 a.m. and before 1:00 p.m.
(b) 12.5% for
afternoon shift commencing at or after 1:00 p.m. and before 4:00 p.m.
(c) 15% for night
shift commencing at or after 4:00 p.m. and before 4:00 a.m.
(d) 10% for night
shift commencing at or after 4:00 a.m. and before 6:00 a.m.
Provided that laundry staff working afternoon or night
shift as at 30 September 1993 shall be paid 20% in addition to the ordinary pay
for such shift. Laundry staff employed
after 30 September 1993, and who work afternoon or night shift, shall receive
the penalty rates prescribed in paragraphs (a) to (d) of this subclause.
(ii) Notwithstanding
subclause (i) of this clause, employees working less than the hours prescribed
for a full-time employee within clause 7, Hours,` shall only be entitled to the
additional rates where their shifts commence prior to 6:00 a.m. or finish
subsequent to 7:00 p.m.
(iii) Employees
shall be paid the following penalties for ordinary hours of work occurring on a
Saturday or a Sunday:
(a) for work between
midnight on Friday and midnight on Saturday - time and one-half.
(b) for work between
midnight on Saturday and midnight on Sunday - time and three-quarters.
These extra rates shall be in substitution for and not
cumulative upon the shift allowances prescribed in subclauses (i) and (ii) of
this clause.
16. Live-in
Housekeeper - Remuneration
(i) Live-in
Housekeeper
The terms and conditions contained herein shall be in
substitution for and not cumulative upon the following clauses: clause 7,
Hours; clause 10, Overtime; clause 15, Penalty Rates and Shift Allowances;
clause 18, Public Holidays.
(a) Live-in
Housekeeper - Grade 1
The total weekly remuneration for a Live-in Housekeeper
- Grade 1 shall be calculated as follows:
Total
Weekly Rate
|
=
|
Weekly
Rates
|
+
|
All-incidents
Loading
|
|
|
for
a Homecare Employee - Grade 1
|
|
|
The All-incidents Loading for a Live-in Housekeeper -
Grade 1 is calculated by obtaining 30% of the relevant weekly rate.
The All-incidents Loading of 30% takes into account all
incidents of employment inherent in the work and conditions of employment of
Live-in Housekeepers, including, but not limited to, the requirement to reside
at the client’s premises. Such tasks
that are required to be performed by the employee will be performed at times of
day which are mutually agreed between the employer and the employee.
(b) Live-in
Housekeeper/Carer - Grade 2
The total remuneration for a Live-in Housekeeper/Carer
- Grade 2 shall be calculated as follows:
Total
Weekly Rate
|
=
|
Weekly
Rates
|
+
|
All-incidents
Loading
|
|
|
for
a Homecare Employee - Grade 2
|
|
|
The All-incidents Loading for a Live-in
Housekeeper/Carer - Grade 2 is calculated by obtaining 40% of the relevant
weekly rate. The All-incidents Loading
of 40% takes into account all incidents of employment inherent in the work and
conditions of employment of Live-in Housekeepers, including, but not limited
to, the requirement to reside at the client’s premises. The employee will normally perform duties at
times of the day which are mutually agreed between the employer and employee.
(c) Live-in
Housekeeper/Carer - Grade 3
The total remuneration for a Live-in Housekeeper/ Carer
- Grade 3 shall be calculated as follows:
Total
Weekly Rate
|
=
|
Weekly
Rates
|
+
|
All-incidents
Loading
|
|
|
for
a Homecare Employee - Grade 3
|
|
|
The Special Loading is calculated by obtaining 3.5% of
the relevant weekly rate. The special
loading is in recognition of all factors, including, but not limited to, the
special pressures, responsibilities and climate inherent in the work of a
Live-in Housekeeper - Grade 3.
The All-incidents Loading is calculated by obtaining
50% of the sum of the relevant weekly rate plus the Special Loading. The All-incidents Loading of 50% takes into
account all incidents of employment inherent in the work and conditions of
employment of Live-in Housekeepers, including, but not limited to, the
requirement to reside at the client’s premises and to perform work, and be
available for the performance of work at all such times of the day as the job
and client’s needs may require.
(ii) Wages - Daily
Rates
(a) Permanent
Part-time Employees
The daily rate for a Live-in Housekeeper/Carer (any
grade) shall be calculated as follows:
Daily
Rate
|
=
|
Appropriate
Weekly Rate for a Live-in Housekeeper
|
|
|
5
|
Provided that by mutual agreement up to three employees
may be engaged as Live-in Housekeeper (any grade) per client.
For the purpose of this paragraph a day shall be
defined as a period of 24 consecutive hours.
The minimum payment for work done under this paragraph
shall be two days at the daily rate.
Thereafter the minimum payment will be at the daily rate.
(b) Casual Employees
The casual rate for a Live-in Housekeeper/Carer (any
grade) shall be calculated as follows:
Daily
Rate
|
=
|
Appropriate
Weekly Rate for a Live-in Housekeeper
|
+
|
15%
|
|
|
5
|
|
|
For the purpose of this paragraph a day shall be
defined as a period of 24 consecutive hours.
The minimum payment for work done under this paragraph
shall be one day at the daily rate.
Work performed under this paragraph shall be for
relief, emergency and temporary purposes only.
17. Allowances for
Special Working Conditions
(i)
(a) Employees
engaged in work of a dirty or offensive nature and/or cleaning or scraping work
in confined spaces (such as inside ventilator shafts, air-conditioning ducts or
the like) shall, whilst so employed, be paid an allowance of the amount set out
in Item 9 of Table 2 - Other Rates and Allowances, of Part B of this award, per
hour extra.
(b) Provided,
however, that employees engaged in cleaning or scraping work inside the gas or
water space of any boiler, flue or economiser shall, whilst so employed, be
paid an allowance of the amount set out in Item 10 of the said Table 2 per hour
extra.
(ii) Employees who
are required to assist tradespersons on work of a dirty or offensive nature
shall be paid disability allowances under the same terms and conditions as the
disability allowances that may be payable to the tradespersons they are
assisting.
(iii) Employees shall
be paid an allowance of the amount set out in Item 11 of the said Table 2 per
hour or part thereof for all time during which they are engaged in handling
linen of a nauseous nature other than linen sealed in bags.
(iv) An employee,
other than a Homecare Employee, sent for duty to a place other than his/her
regular place of duty, shall be paid for all excess travelling time at the
appropriate rate of pay and reimbursed excess travelling expenses.
(v) Vehicle
Allowance
Where an employee is called upon and agrees to use
his/her private vehicle for official business, payment of an allowance shall be
made by utilising the rate in Item 12 of the said Table 2 per kilometre,
excluding travel to and from the employee’s home to the first place of work and
return to home at the end of his/her duties.
This rate shall remain in force for the duration of this award. This
subclause shall apply to all employees.
(vi) Where an
employee is required to use public transport for travel on official business,
such employee is to be reimbursed actual expenses incurred for such travel,
excluding travel from the employee’s home to the first place of work and return
to home at the cessation of his/her duties.
(vii) No payment
shall be made under subclauses (v) and (vi) of this clause unless the employer
is satisfied that the employee has incurred expenditure for such travel.
(viii) Where Homecare
Employees are rostered to work with consecutive clients, they shall be paid for
the time taken to travel between locations at the rate of 3% of the ordinary
pay per hour per kilometre travelled, excluding travel from the employee’s home
to the first place of work and return to home at the cessation of his/her
duties; provided that this payment shall not be made if the employee is being
paid at the hourly rate of pay for the time between consecutive clients.
(ix) An employee in
possession of, and required to act on, a Laundry and Dry Cleaning Certificate
shall be paid an allowance in the nature of a salary as set out in Item 13 of
the said Table 2.
(x) An employee who
works less than 38 hours per week shall be entitled to this allowance
identified in subclause (ix) of this clause in the same proportion as the
average hours worked each week bears to 38 ordinary hours.
18. Public Holidays
(i) Public holidays
shall be allowed to employees without loss of ordinary pay.
(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 Monday; Anzac Day; Queen's Birthday;
Labour Day; Christmas Day; Boxing Day.
(iii) In addition to
those public holidays specified in sub-clause (ii) employees shall be entitled
to an extra public holiday each year.
Such public holiday shall occur on one of the following days as
determined by the employer:
(a) On the day on
which the August Bank Holiday is observed; or
(b) On a day between
Christmas and New Year within the days Monday to Friday inclusive and not
coinciding with a date that is already a gazetted public holiday for that
calendar year; or
(c) On a gazetted
and proclaimed local public holiday. In areas where only one half-day is
proclaimed and observed, the whole day will be regarded as a public holiday for
the purposes of this award. In these circumstances if a further one half day
local public holiday occurs in that calendar year, it will not be observed for
the purposes of this clause.
(d) The employer
shall nominate before July 1 of each calendar year, the date on which this
extra public holiday is to be observed.
Once such an election is made, such date then becomes the date on which
the extra public holiday is to be observed for all workers in that
establishment covered by this award, provided however that if no such election
is duly made, the extra public holiday will be observed on the August Bank
Holiday.
(iv) Employees shall
also be entitled to any other day duly proclaimed and observed as a public
holiday within the area in which the facility is situated, beyond those days
already observed in accordance with subclauses (ii) and (iii) above.
(v) An employee who
is required to and does work on any public holiday prescribed in this clause
shall be paid in lieu of all other shift allowances (except broken shift
allowances), weekend penalties, casual loading and part-time loading, as
follows:
(a) Full-time
Employees
(1) Time and one
half for all ordinary time worked in addition to the weekly rate.
Alternatively, if the employee elects:
(2) Half-time extra
for all time worked in addition to the weekly rate and have one ordinary
working day added to be taken in conjunction with the period of annual leave.
(b) Permanent
Part-time Employees
(1) Double and a
half for all time worked on the public holiday, although, where the time worked
by agreement is less than the rostered shift, the balance of the rostered shift
will be paid at ordinary pay.
Alternatively, if the employee elects:
(2) Half-time extra
for all time worked in addition to the weekly rate and have the equivalent
number of hours worked added to be taken in conjunction with the period of
annual leave.
(c) Casual Employees
Double time and one-half for all time worked.
(vi) Full-time
shift-workers rostered off duty on a public holiday shall:
(a) be paid one
day's pay in addition to the weekly rate; or
(b) if the employee
so elects, have one day added to be taken in conjunction with their period of
annual leave.
(vii) The election
referred to in subclauses (iv) and (v) of this clause is to be made in writing
by the employee at the commencement of each year of employment and is
irrevocable during that period of employment.
19. Annual Leave
(i) All employees
shall be entitled to the provisions of the Annual Holidays Act 1944.
(ii)
(a) Full-time
employees and permanent part-time employees who are rostered to work their
ordinary hours on Sundays and/or public holidays shall be entitled to receive
additional annual leave if, during a qualifying period of employment for annual
leave purposes, they have worked:
|
Full-time Employees
|
Permanent Part-time
Employees
|
3 shifts or less
|
Nil
|
Nil
|
4 - 10 shifts
|
1 day
|
0.2 weeks
|
11 - 17 shifts
|
2 days
|
0.4 weeks
|
18 - 24 shifts
|
3 days
|
0.6 weeks
|
25 - 31 shifts
|
4 days
|
0.8 weeks
|
32 or more shifts
|
5 days
|
1 week.
|
Provided that an employee entitled to additional annual
leave by virtue of this subclause may elect to be paid an amount equivalent to
the value of his/her additional leave entitlements 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 that year of employment.
(b) Live-in
Housekeepers employed and paid as such shall accrue an additional week's leave
for every 12 months of continuous service on a pro rata basis.
(iii) Provided that,
on termination of employment, employees shall be entitled to payment for any
untaken annual leave due under subclause (ii) of this clause, together with
payment for any leave in respect of an uncompleted year of employment calculated
in accordance with subclause (i) of this clause.
(iv) Employees
entitled to allocated days off duty in accordance with subclause (vi) of clause
7, Hours, shall accrue credits towards an allocated day off duty in respect of
each day those employees are absent on additional annual leave in accordance
with subclause (ii) of this clause and subclauses (iv) and (v) of clause 18,
Public Holidays.
20. Annual Leave
Loading
(i) Employees shall
be entitled to annual leave loading of 17.5% on four weeks of the appropriate
weekly rate of pay, or shift allowances and weekend penalties as set out in
subclause (ii) of this clause, whichever is the greater.
(ii) A Shift
Worker, as defined in clause 2, Definitions, shall be paid whilst on annual
leave his/her ordinary pay plus shift allowances and weekend penalties relating
to ordinary time the Shift Worker would have worked if he/she had not been on
annual leave. Provided that shift
allowances and weekend penalties shall not be payable for public holidays which
occur during a period of annual leave, for days which have been added to annual
leave in accordance with the provisions of clause 18, Public Holidays, or
paragraph (a) of subclause (ii) of clause 19, Annual Leave.
(iii) No loading is
payable where the annual leave is taken wholly or partly in advance, provided,
however, that, if the employment of such an employee continues until their next
anniversary date, the loading then becomes payable.
(iv) Where the
employment of an employee is terminated for a cause other than misconduct and
at the time of the termination the employee has not been given and has not
taken the whole of the annual leave accrued as at their last anniversary date,
they shall be paid the leave loading for such leave on termination. No leave loading is payable on pro rate
leave on termination.
21. Long Service
Leave
(i)
(a) Each employee
shall be entitled to two months' long service leave on ordinary pay after ten
years' service; thereafter additional long service leave shall accrue on the
basis of five months' long service leave for each ten years' service. This additional leave may be taken on a pro
rata basis each five years after completing the initial ten-year period of
service.
(b) Where the
services of an employee with at least five 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, or by reason of the death of the employee, he/she
shall be entitled to be paid a proportionate amount on the basis of two months
for ten years' service.
(ii) For the
purpose of subclause (i) of this clause:
(a) service shall
mean continuous service with any one employer/organisation;
(b) 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 without pay not exceeding
six months taken after 1 June 1980;
(2) any period of
service as a part-time worker except as provided for in subclause (vi) of this
clause.
(iii)
(a) The employer
shall give to each worker at least one month's notice of the date from which it
is proposed that the worker's long service leave shall be given and taken. Long service leave shall be taken as soon as
practicable having regard to the needs of the facility or, where the employer
and the employee agree, such leave may be postponed to an agreed date.
(b) Where the
employer and the employee agree in writing that the taking of a period of leave
be postponed at the request of an employee to an agreed future date, the period
of leave at the time of this agreement being made will, when taken, be paid at
the rate applicable at the time of the agreement.
(iv)
(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.
(b) Where an
employee who has acquired a right to long service leave, or after having had
five years' service 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 an
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 subclause, 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 subclause
to receive the monetary value of leave payable under the foregoing provisions,
payment in respect thereof shall be made to the legal personal representative
of such employee.
(v) Full-time and
permanent part-time employees shall be entitled to have previous part-time
service as a part-time worker 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 and/or permanent part-time service on the basis of
the proportion that the actual number of hours worked each week bears to 40
hours up until 30 April 1985 and bears to 38 hours on and from 1 May 1985,
provided the part-time service as a part-time worker merges without break with
the subsequent full-time service or permanent part-time employment.
(vi) Where an
employee has been granted a period of long service leave prior to the coming
into force of this award, the amount of such leave shall be debited against the
amount of leave due under this award.
(vii) Employees of
the employer previously covered by alternative awards will have their long
service leave accrued entitlement carried over but the accrual and access to
long service leave entitlements from the date of transfer will be in accordance
with this award, e.g. an employee with 15 years' continuous service under an
alternative award at the time of transfer may have an accrued entitlement of
three months' long service leave. From
this time onwards employees would accrue their entitlements in accordance with
this award, at the rate of 2.5 months for each five years' service as the continuity
of service is not affected by the change of award coverage. Thus, after 20 years' continuous service,
the employee would be entitled to 5.5 months' leave, made up of three months
under the previous award and a further 2.5 months under this award.
22. Sick Leave
(i)
(a) An employee
during his/her first year of employment with an employer shall be entitled to
sick leave at the rate of 7.6 hours or pro rata thereof on the anniversary date
of each of the first three months of continuous service.
(b) Upon completion
of four months' continuous service, the employee shall be entitled to a further
53.2 hours or pro rata thereof sick leave
(ii) A full-time
employee shall be entitled to sick leave on ordinary pay by allowing 76
rostered ordinary hours of work for each year of continuous service.
(iii) Part-time
employees 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 for each year of continuous service. Such entitlements shall be subject to all
the conditions applying to full-time employees.
(iv)
(a) An employee,
other than a Homecare Employee, shall notify his/her employer of an absence
from work due to illness or injury prior to the commencement of his/her
rostered shift or as soon as practicable thereafter and shall inform the
employer of the expected duration of the absence.
(b) A Homecare
Employee shall notify his/her employer of an absence from work due to illness
or injury at least three hours prior to the commencement of his/her rostered
shift but in any case no later than one hour before the first client where the
employee is not prevented from doing so and shall inform the employer of the
expected duration of the absence.
(c) An employee who
is working in two different classifications shall be paid the relevant pay for
the classification he/she would have been working on the day of their sick leave.
(v) Periods of
sickness shall not be required to be certified to by a legally registered
medical practitioner, excepting where the absence exceeds two consecutive days
or where in the employer's opinion the circumstances are such as to warrant
such requirements.
(vi) 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.
(vii) An employee
shall not be entitled to sick leave on ordinary pay for any period in respect
of which such employee is entitled to worker's compensation payments at full
ordinary rate; provided, however, that, where an employee is not in receipt of
such full ordinary compensation rate, an employer shall pay to an employee who
has sick leave entitlements under this clause the difference between the amount
received as worker's compensation and full pay.
The employee's 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.
Provided that this subclause shall not apply where an
employee unreasonably refuses to undergo a rehabilitation program.
(viii) For the purpose
of determining a full-time employee's sick leave credit as at 1 May 1985, sick
leave entitlement shall be proportioned on the basis of 76:80.
(ix) For the
purposes of this clause, service shall mean continuous service with any one
employer/organisation.
(x) Any unused sick
leave shall remain to the employee's credit.
23. Personal/Carer’s
Leave
(i) Use of Sick
Leave
(a) An employee,
other than a casual employee, with responsibilities in relation to a class of
person set out in sub-clause (ii) of sub-clause (c), who needs the employee’s
care and support, shall be entitled to use, in accordance with this sub-clause
any current or accrued sick leave entitlement, provided for in clause 22-Sick
Leave, for absences to provide care and support, for such persons when they are
ill or who require care due to an unexpected emergency. Such leave may be taken for part of a single
day.
(b) The employee
shall, if required,
(1) establish either
by production of a medical certificate or statutory declaration, the illness of
the person concerned or that the illness is such as to require care by another
person, or
(2) establish by production
of documentation acceptable to the employer or a statutory declaration, the
nature of the emergency and that such emergency resulted in the person
concerned requiring care by the employee.
In normal circumstances, an employee must not take carer’s
leave under this sub-clause where another person has taken leave to care for
the same person.
(c) The entitlement
to use sick leave in accordance with this sub-clause is subject to:
(1) the employee
being responsible for the care of the person concerned; and
(2) the person
concerned being:
(A) a spouse of the
employee; or
(B) a de facto
spouse, who, in relation to a person, is a person of the opposite sex to the
first mentioned person who lives with the first mentioned person as the husband
or wife of that person on a bona fide domestic basis although not legally
married to that person; or
(C) a child or an
adult child (including an adopted child, a step child, a foster child or an ex
nuptial child), parent (including a foster parent and legal guardian),
grandparent, grandchild or sibling of the employee or spouse or de facto spouse
of the employee; or
(D) a same sex
partner who lives with the employee as the de facto partner of that employee on
a bona fide domestic basis; or
(E) a relative of the
employee who is a member of the same household, where for the purposes of this
sub-clause:
1. "relative"
means a person related by blood, marriage or affinity;
2. "affinity"
means a relationship that one spouse because of marriage has to blood relatives
of the other; and
3. "household"
means a family group living in the same domestic dwelling.
(d) An employee
shall, wherever practicable, give the employer notice prior to the absence of
the intention to take leave, the name of the person requiring care and that
person’s relationship to the employee, the reasons for taking such leave and
the estimated length of absence. If it
is not practicable for the employee to give prior notice of absence, the
employee shall notify the employer by telephone of such absence at the first
opportunity on the day of absence.
(e) An employee, in
addition to the circumstances and manner stated in subclauses (a)-(d), shall
also be entitled to access accrued sick leave for the purposes of
personal/carer’s leave in the following situation:
(1) one permanent
employee only per facility each calendar year shall be entitled to access two
(2) days of such leave to attend training facilitated by the Union to increase
awareness and knowledge of workplace issues and/or consultative mechanisms
and/or statutory entitlements and obligations, which will contribute to a more
productive, aware and harmonious workplace environment;
(2) such an employee
will give a minimum of four weeks notice to the employer of attendance at such
training, unless a lesser notification period is agreed to by the employer, and
the employer shall be entitled to request written confirmation from the Union
as to the time and nature of the training;
(3) access to this
two (2) days per year in this subclause is not cumulative; and
(4) such an employee
may, with the consent of the employer, access additional or alternative leave,
as prescribed in subclauses (ii)-(vi) of this clause, for the purposes of
attending such training as stated in subclause (e)(1) above.
Note: In the unlikely event that more than 10 days sick
leave in any year is to be used for caring purposes the employer and employee
shall discuss appropriate arrangements which, as far as practicable, take
account of the employer’s and employee’s requirements.
Where the parties are unable to reach agreement the
disputes procedure at Clause 33 should be followed.
(ii) Unpaid Leave
for carer’s leave Purpose
An employee may elect, with the consent of the
employer, to take unpaid leave for the purpose of providing care and support to
a member of a class of person set out in sub-clause (i) (c) (2) above, who is
ill or who require care due to an unexpected emergency.
(iii) Annual Leave
(a) An employee may
elect with the consent of the employer, to take annual leave not exceeding ten
days in single day periods or part thereof, in any calendar year at a time or
times agreed by the parties.
(b) Access to annual
leave, as prescribed in sub-clause (a) of this sub-clause, shall be exclusive
of any shutdown period provided for elsewhere under this award.
(c) An employee may
agree to defer payment of the annual leave loading in respect of single day
absences, until at least five consecutive annual leave days are taken.
(d) An employee may
elect with the employers agreement to take annual leave at any time within a
period of 24 months from the date at which it falls due
(iv) Time Off in
Lieu of Payment for Overtime
(a) An employee may
elect, with the consent of the employer, to take time off in lieu of payment for
overtime at a time or times agreed with the employer within 12 months of the
said election.
(b) Overtime taken
as time off during ordinary time hours shall be taken as set out in clause
10(vi)-Overtime.
(c) If, having
elected to take time as leave in accordance with sub-clause (a) of this
sub-clause, the leave is not taken for whatever reason payment for time accrued
at overtime rates shall be made at the expiry of the 12 month period or on
termination.
(d) Where no
election is made in accordance with the said sub-clause (a), the employee shall
be paid overtime rates in accordance with the award.
(v) Make-up Time
(a) An employee may
elect, with the consent of the employer, to work "make-up time",
under which the employee takes time off ordinary hours payable at the ordinary
rate of pay, and works those hours at a later time, during the spread of
ordinary hours provided in the award, at the ordinary rate of pay.
(b) An employee on
shift work may elect, with the consent of the employer, to work "make-up
time" (under which the employee takes time off ordinary hours and works
those hours at a later time), at the shift work rate, which would have been
applicable to the hours taken off.
(vi) Allocated Days
Off
(a) An employee may
elect with the consent of the employer, to take an allocated day off at any
time.
(b) An employee may
elect, with the consent of the employer, to take allocated days off in part day
amounts.
(c) An employee may
elect, with the consent of the employer, to accrue some or all allocated days
off for the purpose of creating a bank to be drawn upon at a time mutually
agreed between the employer and employee or subject to reasonable notice by the
employee or the employer.
(d) This sub-clause
is subject to the employer informing each union which is both party to the
award and which has members employed at the particular enterprise of its
intention to introduce an enterprise system of ADO flexibility, and providing a
reasonable opportunity for the union(s) to participate in negotiations.
24. Compassionate
Leave
(i) Compassionate
leave with pay shall be granted only in extraordinary or emergent circumstances
where an employee is forced to be absent from duty because of an urgent
pressing necessity, and such leave as is granted should be limited to the time
necessary to cover the immediate emergency.
An absence occasioned by personal exigencies which
might fairly be regarded as an obligation on the employee, rather than the
employer, may be covered by the grant of leave without pay, or if the employee
so desires, charged against available annual leave credits.
(ii) Compassionate
leave shall be granted on the following principles:
(a) Bereavement
Leave
(1) An employee,
other than a casual employee, shall be entitled to up to two days bereavement
leave without deduction of pay, on each occasion of the death of a person as
prescribed in subparagraph (3) of this paragraph, provided that where the
employee is involved in making funeral arrangements, travelling, etc., leave
may be allowed for up to three days. Leave with pay would not ordinarily be
granted for the death or attendance at a funeral for relatives not outlined in
the said subparagraph (3) unless special circumstances exist, e.g., the
employee resided with the deceased.
(2) The employee
must notify the employer as soon as practicable of the intention to take
bereavement leave and will provide to the satisfaction of the employer proof of
death.
(3) Bereavement
leave shall be available to the employee in respect to the death of a person
prescribed for the purposes of personal/carer's leave as set out in
subparagraph (2) of paragraph (c) of subclause (i) of clause 23,
Personal/Carer’s Leave, provided that, for the purpose of bereavement leave,
the employee need not have been responsible for the care of the person
concerned.
(4) An employee
shall not be entitled to bereavement leave under this clause during any period
in respect of which the employee has been granted other leave.
(5) Bereavement
leave may be taken in conjunction with other leave available under subclauses
(ii), (iii), (iv), (v) and (vi) of the said clause 23. In determining such a
request, the employer will give consideration to the circumstances of the
employee and the reasonable operational requirements of the business.
(b) Where an illness
in the family causes an immediate emergency, sufficient leave should be granted
to meet the immediate emergencies and to allow the employee to make any other
arrangements considered necessary. Except
in very special cases, such leave with pay should be limited to one day and
where no one but the employee was available to care for the sick family member.
(c) Compassionate
leave may also be granted in cases of unforeseen emergencies, which clearly
prevent attendance for duty, e.g., flood, bush fires etc.
(iii) Only under the
most exceptional circumstances shall compassionate leave be granted for a
period exceeding three working days within any one year. This is provided that
additional leave may be granted by the employer in exceptional circumstances.
25. Leave Without Pay
(a) By agreement
between an employer and a permanent employee, an employee may be granted a
period of leave without pay.
(b) The period of
leave without pay will not break the continuity of service but will not count
for the purpose of:
(i) accruing annual
leave, incremental progression, sick leave and public holidays;
(ii) accruing long
service leave except in the case of employees who have completed at least ten
years' service (any period of absence without pay being excluded therefrom) in
which case service shall include any period without pay not exceeding six
months taken after 1 June 1980;
(iii) qualifying
period for paid and unpaid paternity leave; and
(iv) the calculation
of notice and severance pay in accordance with clause 42, Redundancy, and
clause 43, Termination of Employment.
26. Payment and
Particulars of Wages
(i) Wages shall be
paid weekly or fortnightly, 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.
(ii) On each pay
day the pay shall be made up to a day not more than five days prior to the day
of payment.
(iii) Employees
shall have their wages paid by direct deposit or electronic transfer into one
account with a bank or other financial institution in New South Wales as
nominated by the employee except where agreement as to payment by cash or
cheque has been reached between the Union and the employer due to the isolation
of the place of employment and/or the limited number of employees.
(iv) Wages shall be
deposited by the employer in sufficient time to ensure that wages are available
for withdrawal by employees by the close of business on pay day. Where the wages are not available to the
employee by such time due to circumstances beyond the employer’s control, the
employer shall not be held accountable for such delay.
(v) Where the
services of an employee are terminated with due notice, all moneys owing shall
be paid upon cessation of employment but, in the case of termination without
due notice, within three working days.
(vi) On pay day each
employee shall be provided with a payslip, which specifies the following
particulars:
(a) name and date of
payment;
(b) the period for
which the payment is made;
(c) the gross amount
of wages, including overtime and other earnings and annual leave payments for
casuals;
(d) the ordinary pay
per hour;
(e) the amount paid
as overtime or such information as will enable the amount paid as overtime to
be calculated by the employee;
(f) the amount of
other earnings and the purpose for which they are paid;
(g) the amount
deducted for taxation purposes;
(h) the particulars
of all other deductions; and
(i) the net amount
paid.
(vii) Where an
employer has overpaid an employee, the employer shall notify the employee of
such overpayment and how such overpayment is made up, in writing, and may
recover such amounts, with the agreement of the employee as to the amount of
the overpayment and method of such recovery.
This subclause authorises the use of deductions from wages for the
purpose of such recovery. All such
deduction from wages must be authorised in writing by the employee.
27. Service Allowance
(i) All full-time
employees appointed prior to 1 June 1980 shall, after ten years' continuous
service with the same organisation, be paid by the said organisation in
addition to the rates prescribed in Table 1 - Monetary Rates, of Part B of this
award, a service allowance in the following manner:
For 10 years of service but less than 15 years
|
5%
|
For 15 years of service but less than 20 years
|
7½%
|
For 20 years of service and over
|
10%
|
(ii) Payments due
under this clause will be made on the usual payday when other payments under
the award are made.
(iii) Continuous
service in the same organisation prior to the commencement of this award shall
be taken into account when computing service for the purposes of this clause.
(iv) Continuous
service shall be deemed not to have been broken by absence from the
organisation due to membership of the defence forces of the Commonwealth in
time of war or during any period of special leave for members of the Military
Reserve Forces.
28. Leading Hands
(i) A leading hand
is an employee who is placed in charge of not less than two other employees of
a substantially similar classification but does not include any employee whose
classification denotes supervisory responsibility.
(ii) A leading hand
shall be paid a weekly allowance of the amount specified by the item number in
accordance with the following scale:
|
Item No. of Table 2
- Other Rates and Allowances
|
in charge of 2 to 5 other employees
|
Item 14
|
in charge of 6 to 10 other employees
|
Item 15
|
in charge of 11 to 15 other employees
|
Item 16
|
in charge of 16 to 19 other employees
|
Item 17
|
(iii) This allowance
shall be part of salary for all purposes of this award.
(iv) An employee who
works less than 38 hours per week shall be entitled to the allowances
prescribed by this clause in the same proportion as the average hours worked
each week bears to 38 ordinary hours.
29. Higher Duties
(i) An employee
when called upon by the employer to undertake duties carrying a higher rate of
pay than their ordinary classification shall be paid the higher rate for the
time so spent performing the higher duties.
(ii) This clause
shall not apply when an employee in a higher grade is absent from duty by
reason of their allocated day off duty.
30. Uniforms and
Protective Clothing
(i)
(a) Subject to
paragraph (c) of this subclause, sufficient suitable and serviceable uniforms
or overalls shall be supplied free of cost to each employee required to wear
them. An employee to whom a new uniform
or part of a uniform has been supplied by the organisation who fails to return
the corresponding article last supplied shall not be entitled to have such
article replaced without payment for it 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) Upon
termination, an employee shall return any uniform or part thereof supplied by
the organisation which is still in use by the employee, immediately prior to
leaving.
(c) In lieu of
supplying a uniform to an employee, an employer shall pay the said employee the
sum set out in Item 18 of Table 2 - Other Rates and Allowances, of Part B of
this award, per week.
(d) In lieu of
supplying special-type shoes where required to an employee, an employer shall
pay the said employee the sum set out in Item 19 of the said Table 2, per week.
(e) In lieu of
supplying a cardigan or jacket where required to an employee an employer shall
pay the said employee the sum per week set out in Item 20 of the said Table 2,
per week.
(f) If the uniform
of the employee is not laundered at the expense of the organisation, an
allowance of the amount set out in Item 21 of the said Table 2, per week shall
be paid to the employee.
(g) An employee who
works less than 38 hours per week shall be entitled to the allowances
prescribed by this clause in the same proportion as the average hours worked
each week bears to 38 ordinary hours.
(ii) Each employee
whose duties require them 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 them to work in a hazardous situation with or near
machinery shall be supplied with appropriate protective clothing and equipment.
(iv) For employees
engaged in homecare services the following shall apply:
(a) On request, the
employer shall supply free of charge two sets of full body aprons or other
attire as agreed by the parties;
(b) The attire
supplied in paragraph (a) of this subclause shall be replaced by the employer
on the basis of fair wear and tear;
(c) The attire
supplied in the said paragraph (a) shall remain the property of the employer at
all times and any employee applying for a new issue supplied by the employer
who fails to return their last issue shall not be entitled to a new issue
without payment thereof;
(d) All new
employees at time of engagement and all existing employees at the time of the
next issue of uniforms may be required to sign an authorisation permitting the
employer to deduct the value of uniforms and/or employer property from
termination monies if the uniform and/or employer’s property is not
returned. Employer property is property
personally given to an employee and where such property can reasonably be
expected to remain in the employee’s personal control;
(e) Where the client
supplies equipment, materials and tools, the employer shall ensure that they
are of reasonable quality and comply with safety standards;
(f) Where an
employee is required to work outdoors, the employer shall provide a suitable
broad-brimmed hat.
31. Sleepovers
(i) Employees may,
in addition to normal rostered shifts, be required to sleepover. A sleepover means sleeping in at night in
order to be on call for emergencies.
(ii) The following
conditions shall apply to each night of sleepover:
(a) The span for a
sleepover shall be not less than eight hours nor more than ten hours on any one
night.
(b) Employees shall
be provided with free board and lodging for each night on which they are
required to sleep over.
(c) Employees shall
be provided with a separate room with a bed and use of staff facilities or
client facilities where applicable.
(d) In addition to
the provision of free board and lodging for such nights, the employee shall be
entitled to a sleepover allowance of the amount set out in Item 22 of Table 2 -
Other Rates and Allowances, of Part B of this award, for each night on which
they sleepover.
(e) No work other
than that of an emergency nature shall be required to be performed during any
sleepover. For the purposes of this
clause an emergency is any unplanned occurrence or event requiring prompt
action.
(f) An employee
directed to perform work other than that of an emergency nature during any
sleepover shall be paid the appropriate hourly rate from the start of the
sleepover to the end of the non-emergency work, or from the start of the
non-emergency work to the end of the sleepover, whichever is the lesser, in
addition to the sleepover allowance in paragraph (d) of this subclause.
(g) All time worked
during any sleepover shall count as time worked and be paid for in accordance
with the following provisions:
(1) All time worked
by full-time employees during any sleepover shall be paid for at overtime
rates.
(2) All time worked
by permanent part-time employees during any sleepover shall be paid for at
ordinary pay plus applicable shift and weekend penalties; provided that, if the
total number of hours worked on that day exceeds the number of hours worked by
full-time employees, or 11 hours where there are no such full-time employees,
then the excess hours worked on that day shall be paid for at overtime rates;
and provided further that, if the total number of hours worked in the week
exceeds 38 hours, or exceeds 76 hours in the fortnight, as the case may be,
then the excess hours worked in that week or fortnight, as the case may be,
shall be paid for at overtime rates.
(3) All time worked
by casual employees during any sleepover shall be paid for at ordinary pay plus
applicable shift and weekend penalties; provided that, if the total number of
hours worked in the week exceeds 38 hours, or exceeds 76 hours in the
fortnight, as the case may be, then the excess hours worked in that week or
fortnight, as the case may be, shall be paid for at overtime rates.
(4) And provided
further that, where the employee does not have eight consecutive hours off duty
between ordinary rostered duty on successive days, then the provisions of
paragraph (j) of this subclause will apply.
(h) A sleepover may
be rostered to commence immediately at the conclusion of the employee's shift
and continuous with that shift; and/or immediately prior to the employee's
shift and continuous with that shift, and not otherwise.
(i) No employee
shall be required to sleep over during any part of their rostered days off
and/or allocated days off provided for in subclauses (iii) and (vi) of clause
7, Hours.
(j) An employee
(whether a full-time employee, permanent part-time employee or casual employee)
who performs so much work during sleepover periods between the termination of
their ordinary work on any day or shift and the commencement of their ordinary
work on the next day or shift that they have not had at least eight consecutive
hours off duty between these times shall, subject to this subclause, be
released after completion of such work until they have had eight consecutive
hours off duty without loss of pay for ordinary working time occurring during
such absence. If on the instruction of
the employer such an employee resumes or continues to work without having such
eight consecutive hours off duty, they shall be paid at double time of the
appropriate rate applicable on such day until they are released from duty for
such period and they then shall be entitled to be absent until they have had
ten consecutive hours off duty without loss of pay for ordinary working time
occurring during such absence.
(k) Casual employees
may only be used for sleepovers when full-time employees or permanent part-time
employees are not available for that duty and in no case shall casual employees
be used exclusively or almost exclusively for sleepovers.
(iii) Nothing in
this clause shall preclude the employer from rostering an employee to work
shift work in lieu of undertaking sleepovers.
32. Live-in
Hostel Supervisors and Live-in Housekeepers required to
live in shall be provided with full board and lodging free of charge. Where, in these circumstances, supervisors
are rostered off duty, other appropriate staff shall be available.
33. Grievance and
Dispute Resolution Procedures
(i) The following
procedures shall be followed in relation to grievances of individual employees:
(a) The employee is
required to notify the employer, preferably in writing, as to the substance of
the grievance, request a meeting with the employer for bilateral discussions
and state the remedy sought.
(b) A grievance must
initially be dealt with as close to the source as possible, with graduated
steps for further discussion and resolution at higher levels of authority.
(c) Reasonable time
limits must be allowed for discussion at each level of authority.
(d) At the
conclusion of the discussion, the employer must provide a response to the
employee's grievance, if the matter has not been resolved, including reasons
for not implementing any proposed remedy.
(ii) The following
procedure shall be followed in relation to disputes, etc., between employers
and their employees:
(a) A question,
dispute or difficulty must initially be dealt with as close to its source as
possible, with graduated steps for further discussion and resolution at higher
levels of authority.
(b) Reasonable time
limits must be allowed for discussion at each level of authority.
(iii) In the case of
employers who employ not more than 20 employees, or where the management
structure is such that all employees are subject to the direct supervision and
control of the employer, graduated steps for further discussion and resolution
at higher levels do not apply.
(iv) While the above
procedure is being followed, work will continue as normal where it is agreed
there is an existing practice, but in other cases work will continue on the
employer’s instructions. No party will
be prejudiced as to the final settlement by continuation of work.
(v) For any of the
above procedures, the employer may be represented by an industrial organisation
of employers and the employee(s) may be represented by an industrial
organisation of employees.
(vi) The industrial
organisation representing employees reserves the right to vary this procedure
where it is considered a safety factor is involved.
34. Attendance at
Meetings
Any employee required to attend Occupational Health and
Safety Committee and/or Board of Management meetings in the capacity of
employee representative shall, if such meetings are held outside the ordinary
hours of work, be entitled to receive ordinary pay per hour for the actual time
spent in attendance at such meetings.
In lieu of receiving payment, employees may, with the
agreement of the employer, be permitted to be free from duty for a period of
time equivalent to the period spent in attendance at such meetings. Such time spent shall not be viewed as
overtime for the purposes of this award.
35. Labour
Flexibility and Mixed Functions
(i) An employer may
direct an employee to carry out such duties as are within the limits of the
employee's skill, competence and training.
(ii) The 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 the employer pursuant to subclauses (i) and/or (ii) of this clause
shall be consistent with the employer's responsibility to provide a safe and
healthy working environment for employees and the employer's duty of care to
residents.
36. Promotions and
Appointments
Promotion and/or appointment shall be by merit,
provided, however, that no employee with a claim to seniority shall be passed
over without having his/her claim considered.
37. Emergency
Telephone Calls
An employee required to answer emergency telephone
calls outside of ordinary working hours, but not recalled to duty, shall be
reimbursed rental charges on such telephone calls on production of receipted
accounts. Provided that, where an employee is required to answer out of hours
telephone calls on a relief basis, he/she shall be paid 1/12th of his/her
yearly telephone rental for each month or part thereof he/she is so employed.
38. Parental Leave
(i) All employees
are entitled to parental leave in accordance with the provisions of the Industrial
Relations Act, 1996.
(ii)
(a) Full-time
employees and permanent part-time employees are eligible for paid parental
leave in accordance with the following provisions:
(1) Permanent
employees are eligible for paid parental leave when they have completed at
least 40 weeks' of continuous service prior to the expected date of birth or
prior to the date of taking custody of the child.
(b) Employees who
are eligible for paid parental leave are entitled to such leave as follows:
(1) Paid Leave
(A) Paid Maternity
Leave - an eligible employee is entitled to nine weeks paid maternity leave at
ordinary pay from the date the maternity leave commences.
Maternity leave may commence up to nine 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 this period, it is subject to the employee being able to satisfactorily
perform the full range of normal duties.
(B) Paid Paternity
Leave - an eligible employee is entitled to one week paid paternity leave in
any one year at ordinary pay which must commence within four weeks of the birth
of the child. (Eligible employees will be as defined in the Industrial
Relations Act 1996.)
(C) Paid Adoption
Leave - an eligible employee is entitled to paid adoption leave of three weeks
from and including the date of taking custody of the child.
(D) Such leave may be
paid:
(i) on a normal
fortnightly basis;
(ii) in advance in
a lump sum;
(iii) at the rate of
half pay over a period of 18 weeks on a regular fortnightly basis for maternity
leave and at the rate of half pay over a period of six weeks on a regular
fortnightly basis for adoption leave.
Annual and/or long service leave credits can be
combined with periods of maternity leave or adoption leave on half pay to
enable an employee to remain on full pay for that period.
(2) Unpaid Leave
(A) Unpaid Maternity
Leave - An employee is entitled to a further period of unpaid maternity leave
of not more than twelve months after the actual date of birth of the child.
(B) Unpaid Paternity
Leave - An employee is entitled to a further period of unpaid paternity leave
of not more than three weeks, to be taken in conjunction with a period of paid
paternity leave, unless otherwise agreed by the employer and employee.
(C) Unpaid Adoption
Leave - An employee is entitled to unpaid adoption leave as follows:
(i) where the child
is under the age of 12 months - a period of not more than 12 months from the
date of taking custody;
(ii) where the
child is over the age of 12 months - a period of up to 12 months, such period
to be agreed upon by both the employee and the employer.
(c) An employee who
has once met the conditions for paid maternity leave and paid adoption leave
will not be required to again work the 40 weeks' continuous service in order to
qualify for a further period of maternity leave or adoption leave, unless:
(1) 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
(2) 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.
(d) An employee who
intends to proceed on maternity or paternity leave should formally notify the
employer of such intention as early as possible, so that arrangements
associated with the 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.
(e) In the case of
notification of intention to take adoption leave, 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 their employer as early as
practicable of the intention to take adoption leave. This will allow arrangements associated with the adoption leave
to be made.
(f) After
commencing maternity leave or adoption leave, an employee may vary the period
of her maternity leave or adoption leave, once, without the consent of the
employer and otherwise, with the consent of the employer. A minimum of four weeks' notice must be
given, although an employer may accept less notice if convenient.
(g) Any person who
occupies the position of an employee on parental leave must be informed that
the employee has the right to return to her former position. Additionally, since an employee also has the
right to vary the period of her maternity leave or adoption leave, offers of
temporary employment should be in writing, stating clearly the temporary nature
of the contract of employment. The
duration of employment should also be set down clearly, to a fixed date or
until the employee elects to return to duty, whichever occurs first.
(h) When an employee
has resumed duties, any period of full pay leave is counted in full for the
accrual of annual and long service leave and any period of maternity leave or
adoption leave on half pay is taken into account to the extent of one-half
thereof when determining the accrual of annual and long service leave.
(i) Except in the
case of employees who have completed ten years service the period of parental
leave without pay does not count as service for long service leave
purposes. Where the employee has completed
ten years service the period of parental leave without pay shall count as
service for long service leave purposes provided such leave does not exceed six
months.
(j) Parental leave
without pay does not count as service for incremental purposes. Periods of parental leave on full pay and at
half pay are to be regarded as service for incremental progression on a
pro-rata basis.
(k) Where public
holidays occur during a period of paid parental leave, payment is at the rate
of parental leave received, that is the public holidays occurring in a period
of full pay parental leave are paid at the full rate and those occurring during
a period of half pay leave are paid at the half rate.
(l) 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.
(m) Where an employee
is entitled to paid maternity leave, but because of illness, is on sick, recreation,
long service leave, or sick leave without pay prior to the birth, such leave
ceases nine weeks prior to the expected date of the birth. The employee then commences maternity leave
with the normal provisions applying.
(n) 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. 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.
(o) In the event of
a miscarriage any absence from work is to be covered by the current sick leave
provisions.
(p) In the case of
stillbirth, an employee may elect to take sick leave, subject to the 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.
(q) 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.
(r) An employee
returning from parental leave has the right to resume their 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 for which the employee is capable
or qualified.
(s) 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:
(1) the period is to
be limited to twelve months after which the full-time duties must be resumed;
(2) 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;
(3) the quantum of
leave without pay to be granted to individual employees is to be at the
absolute discretion and convenience of the employer;
(4) salary and
conditions of employment are to be adjusted on a basis proportionate to the
employee's full-time hours of work, that is for long service leave the period
of service is to be converted to the full-time equivalent and credited
accordingly.
(5) Full-time
employees who return to work under this arrangement remain full-time employees.
(t) 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.
(iii) An employer
must not fail to re-engage a regular casual employee (see section 53(2) of the Industrial
Relations Act 1996 (NSW)) because:
(a) the employee or
employee's spouse is pregnant; or
(b) the employee is
or has been immediately absent on parental leave.
The rights of an employer in relation to engagement and
re-engagement of casual employees are not affected, other than in accordance
with this clause.
(iv) Right to
request
(a) An employee
entitled to parental leave may request the employer to allow the employee:
(1) to extend the period
of simultaneous unpaid parental leave use up to a maximum of eight weeks;
(2) to extend the
period of unpaid parental leave for a further continuous period of leave not
exceeding 12 months;
(3) to return from a
period of parental leave on a part-time basis until the child reaches school
age;
to assist the employee in reconciling work and parental
responsibilities.
(b) The employer
shall consider the request having regard to the employee’s circumstances and,
provided the request is genuinely based on the employee’s parental
responsibilities, may only refuse the request on reasonable grounds related to
the effect on the workplace or the employer’s business. Such grounds might
include cost, lack of adequate replacement staff, loss of efficiency and the
impact on customer service.
(c) Employee’s
request and the employer’s decision to be in writing
The employee’s request and the employer’s decision made
under Clauses 38(iv)(a)(2) and 38(iv)(a)(3) must be recorded in writing.
(d) Request to
return to work part-time
Where an employee wishes to make a request under Clause
38(iv)(a)(3) such a request must be made as soon as possible but no less than
seven weeks prior to the date upon which the employee is due to return to work
from parental leave.
(v) Communication
during parental leave
(a) Where an
employee is on parental leave and a definite decision has been made to
introduce significant change at the workplace, the employer shall take
reasonable steps to:
(1) make information
available in relation to any significant effect the change will have on the
status or responsibility level of the position the employee held before
commencing parental leave; and
(2) provide an
opportunity for the employee to discuss any significant effect the change will
have on the status or responsibility level of the position the employee held
before commencing parental leave.
(b) The employee
shall take reasonable steps to inform the employer about any significant matter
that will affect the employee’s decision regarding the duration of parental
leave to be taken, whether the employee intends to return to work and whether
the employee intends to request to return or other contact details which might
affect the employer’s capacity to comply with Clause 38(v)(a).
(c) The employee
shall also notify the employer of changes of address or other contact details
which might affect the employer’s capacity to comply with paragraph (a).
39. Repatriation
Leave
(i) Employees who
are ex-servicemen or ex-servicewomen may be granted special leave in one or
more periods up to a maximum of 6½ working days in any period of 12 months
without deduction from annual or sick leave credits for the following purposes
in connection with an accepted war-caused disability or in connection with an application
to the Repatriation Department for a disability to be so accepted:
(a) to attend a
hospital or clinic or visit a medical officer in that regard;
(b) to attend a
hospital, clinic or medical officer or to report for periodical examination or
attention;
(c) to attend limb
factories for the supply, renewal and repair of artificial replacements and
surgical appliances.
(ii) Employees are
to provide the employer with documentary evidence as to the attendance prior to
the payment of special leave being granted.
40. Union
Representative
An employee appointed Union representative shall, upon
notification thereof in writing to the organisation, within 14 days of such
appointment, or as soon as practicable thereafter, 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.
41. Apprentices
(i) Indentured
apprentice means an employee who is serving a period of training under an indenture
for the purpose of rendering them fit to be a qualified worker in an
industry. Apprentices may be indentured
to an organisation as cooks or gardeners.
(ii) Apprenticeship
means an apprenticeship established under the Apprenticeship and Traineeship
Act 2001.
(iii) Wages for
school based apprentice
(a) The hourly rates
for full-time apprentices are set out in this award shall apply to school based
apprentices for total hours worked including time deemed to be spent in off-the
job training.
(b) For the purposes
of subclause (a) of this clause, where a school based apprentice is a full time
school student, the time spent in off-the-job training for which the school
based apprentice is paid is deemed to be 25 per cent of the actual hours worked
on-the-job each week. The wages paid
for training time may be averaged over the school term or year.
(c) Where this award
specifies a weekly rate for full-time apprentices the hourly rate shall be
calculated by dividing the applicable weekly rate by 38.
(iv) The minimum
rates of wages for apprentice cooks shall be the following percentages of the
rate applicable to the classification of Care Service Employee - Grade 3 as
varied from time to time:
First year
|
60%
|
Second year
|
82.5%
|
Third year
|
92.5%.
|
(v) The minimum
rates of wages for apprentice gardeners shall be the following percentages of
the rate applicable for the classification of a Care Service Employee Grade 3
as varied from time to time:
First year
|
50%
|
Second year
|
60%
|
Third year
|
80%
|
Fourth year
|
90%
|
(vi) Apprentices
attending college for training shall be entitled to fares to and from home to
college.
(vii) An apprentice
who obtains and hands to his/her employer a certificate or statement of having
passed his/her first year technical college examination and in respect of whom
a satisfactory report as to conduct, punctuality and progress is furnished
shall be paid an allowance of the amount in Item 23 of Table 2 - Other Rates
and Allowances, of Part B of this award, per week in addition to the rates
prescribed in the ensuing twelve months, plus an additional allowance of the
amount in the said Item 23, per week if he/she passes each subsequent year.
(viii) The ordinary
hours of work for apprentices shall be as prescribed in clause 7, Hours. No apprentice shall be permitted or required
to perform work which would prevent the apprentice from attending classes at
TAFE.
(ix) Progression
through Wage Structure
(a) School based
apprentices progress through the wage scale at the rate of 12 months’ progression
for each two years of employment as an apprentice.
(b) The rates of pay
are based on a standard apprenticeship of four years. The rate of progression
reflects the average rate of skill acquisition expected from the typical
combination of work and training for a school based apprentice undertaking the
applicable apprenticeship.
(x) Conversion from
a school based to a full time apprenticeship
Where an apprentice converts from a school based to a
full-time apprenticeship, all time spent as a full-time apprentice counts for
the purpose of progression through the wage scale set out in this Award. This progression applies in addition to the
progression achieved as a school based apprentice.
(xi) Conditions of
Employment
Except as provided by this award, school based
apprentices are entitled to pro rata entitlements of all other conditions of
employment contained in this Award.
(xii) Disputes and
Disciplinary Matters
The provisions of the Apprenticeship and Traineeship
Act 2001 shall apply for the resolution of disputes and disciplinary
matters.
42. Redundancy
(i) For the
purposes of this clause, "continuous service" shall be interpreted in
the same manner as "service of a worker" is interpreted in the Long
Service Leave Act 1955 as at 22 July 1996.
Periods of leave without pay, including parental leave without pay, do
not break the continuity of service of an employee but are not to be taken into
account in calculating length of service for the purposes of this award.
(ii) Introduction
of Change
(a) Employer's duty
to notify -
(1) Where the
employer has made a definite decision to introduce major changes in production,
program, organisation, structure or technology that are likely to have
significant effects on employees, the employer shall notify the employees who
may be affected by the proposed changes and the Union.
(2) "Significant
effects" include termination of employment, major changes in the
composition, operation or size of the employer's workforce or in the skills
required, the elimination or diminution of job opportunities, promotion
opportunities or job tenure, the alteration of hours of work, the need for
retraining or transfer of employees to other work or locations and the
restructuring of jobs.
(b) Employer's duty
to discuss change -
(1) The employer
shall discuss with the employees affected and the union to which they belong,
inter alia, the introduction of the changes referred to in subclause (a) of
this clause, the effects the changes are likely to have on employees and measures
to avert or mitigate the adverse effects of such changes on employees, and
shall give prompt consideration to matters raised by the employees and/or the
Union in relation to the changes.
(2) The discussion
shall commence as early as practicable after a definite decision has been made
by the employer to make the changes referred to in subclause (a) of this
clause.
(3) For the purpose
of such discussions, the employer shall provide to the employees concerned and
the union to which they belong all relevant information about the changes,
including the nature of the changes proposed, the expected effects of the
changes on employees and any other matters likely to affect employees, provided
that any employer shall not be required to disclose confidential information
the disclosure of which would adversely affect the employer. Provided that the making of any positions
redundant shall not be deemed to be confidential information for the purposes
of this award.
(iii) Redundancy
Discussions before terminations -
(a) Where an
employer has made a definite decision that the employer no longer wishes the
job the employee has been doing done by anyone and that decision may lead to
termination of the employee's employment, the employer shall hold discussions
with the employees directly affected and with the union to which they belong.
(b) The discussions
shall take place as soon as is practicable after the employer has made a
definite decision which will invoke the provisions of subclause (a) of this
clause and, in any case, prior to the beginning of the period of notice
required by subclause (iv) of this clause.
These discussions shall cover, inter alia, any reasons for the proposed
terminations, and measures to avoid or minimise the terminations, and measures
to mitigate any adverse effects of any terminations on the employees concerned.
(c) For the purposes
of the discussion the employer shall, as soon as practicable and, in any case,
prior to the beginning of the period of notice required by the said subclause (iv),
provide to the employees concerned and to the union to which they belong all
relevant information about the proposed terminations, including the reasons for
the proposed terminations, the number and categories of employees likely to be
affected, and the number of workers normally employed and the period over which
the terminations are likely to be carried out.
Provided that any employer shall not be required to disclose
confidential information the disclosure of which would adversely affect the
employer. Provided that the making of
any positions redundant shall not be deemed to be confidential information for
the purposes of this award.
(iv) Termination of
Employment
(a) Notice for
changes in production, program, organisation or structure -
This paragraph sets out the notice provisions to be
applied to terminations or proposed terminations of the employment of an
employee by the employer in circumstances where the employer no longer wishes
the job which the employee has been doing to be done by anyone, for any reason
(other than technological change), and for reasons arising from production,
program, organisation or structure in accordance with subparagraph (1) of
paragraph (a) of subclause (ii) of this clause. These provisions shall be at least the minimum periods of notice
as provided in clause 43, Termination of Employment.
(b) Notice for
technological change -
This paragraph sets out the notice provisions to be
applied to terminations or proposed terminations by the employer for reasons
arising from technology in accordance with the said subparagraph (1).
(1) An employer
shall not terminate the employment of an employee unless the employer has given
to the employee at least three months' notice of termination.
(2) Payment in lieu
of the period of notice specified in subparagraph (1) of this paragraph shall
be made if the said period of notice is not given. Provided that employment may be terminated by part of the period
of notice specified and part-payment in lieu of the period of notice specified.
(3) The period of
notice required by this paragraph to be given shall be deemed to be service
with the employer for the purposes of the Long Service Leave Act 1955,
the Annual Holidays Act 1944, or any act amending or replacing either of
these Acts.
(c) Time off during
the notice period -
(1) During the
period of notice of termination given by the employer, each affected employee
shall be allowed up to one day's time off without loss of pay for each week of
notice, up to a maximum of five days off, for the purposes of seeking other
employment.
(2) If an employee
has been allowed paid leave for more than one day during the notice period for
the purpose of seeking other employment, if the employer so requests, the
employee shall be required to produce proof of attendance at an interview. If the employee is so required to produce
such proof of attendance and fails to do so, the employee shall not be entitled
to receive payment for such time.
(d) Employee leaving
during the notice period -
If the employment of an employee is terminated (other
than for misconduct) before the notice period expires, the employee shall be
entitled to the same benefits and payments to which the employee shall be
entitled had the employee remained with the employer until the expiry of such
notice.
(e) Statement of
employment -
The employer shall provide to each employee whose
employment has been terminated, a written statement specifying the period of
the employee's employment and the classification of or the type of work
performed by the employee.
(f) Notice to
Centrelink -
Where a decision has been made to terminate the
employment of 15 or more employees, the employer shall notify Centrelink of
this, as soon as possible, giving relevant information, including the number
and categories of the employees likely to be affected and the period over which
the terminations are intended to be carried out.
(g) Centrelink
Employment Separation Certificate -
The employer shall provide to an employee whose
employment has been terminated an Employment Separation Certificate in the form
required by Centrelink.
(h) Transfer to
lower-paid duties -
Where an employee is genuinely transferred to a
lower-paid classification for reasons set out in paragraph (a) of subclause
(ii) of this clause, the employee shall be entitled to the same period of
notice of transfer as the employee would have been entitled to if the
employee’s employment has been terminated.
However, the employer will in addition continue to pay the employee
their former ordinary pay for a period equivalent to one week for each year of
service completed with the employer to a maximum of six weeks.
(v) Retrenchment Pay
Unless the Industrial Relations Commission of New South
Wales subsequently orders otherwise pursuant to subclause (vi) of this clause,
where the employment of an employee is to be terminated for reasons set out in
subclause (ii) of this clause, the employer shall pay, in addition to other
payments due to that employee, the following retrenchment pay in respect of the
following continuous periods of service:
(a) Where the
employee is under 45 years of age, the employer shall pay the employee in
accordance with the following scale:
Minimum Years of
Service
|
Retrenchment Pay
|
Less than 1 year
|
Nil
|
1 year and less than 2 years
|
4 weeks' pay
|
2 years and less than 3 years
|
7 weeks' pay
|
3 years and less than 4 years
|
10 weeks' pay
|
4 years and less than 5 years
|
12 weeks' pay
|
5 years and less than 6 years
|
14 weeks' pay
|
6 years and over
|
16 weeks' pay
|
(b) Where the employee
is 45 years of age or over, the employer shall pay the employee in accordance
with the following scale:
Minimum Years of
Service
|
Retrenchment Pay
|
Less than 1 year
|
Nil
|
1 year and less than 2 years
|
5 weeks' pay
|
2 years and less than 3 years
|
8.75 weeks' pay
|
3 years and less than 4 years
|
12.5 weeks' pay
|
4 years and less than 5 years
|
15 weeks' pay
|
5 years and less than 6 years
|
17.5 weeks' pay
|
6 years and over
|
20 weeks' pay
|
(c) "Week's
pay" means the rate of pay for the employee concerned at the date of
termination, and shall include in addition to the ordinary pay any over-award
payments:
(1) shift allowances
as prescribed in subclauses (i) and (ii) of clause 15, Penalty Rates and Shift
Allowances;
(2) weekend
penalties as prescribed in subclause (iii) of the said clause 15;
(3) service
allowances as prescribed in subclause (i) of clause 27, Service Allowance;
(4) broken shift
allowances as prescribed in clause 7, Hours;
(5) sleepover
allowances as prescribed in clause 31, Sleepovers;
(6) apprentices’
TAFE examination allowances as prescribed in clause 41, Apprentices;
(7) climatic and
isolation allowances as prescribed in clause 14, Climatic and Isolation
Allowances;
(8) leading hand
allowances as prescribed in clause 28, Leading Hands;
(9) Laundry and Dry
Cleaning Certificate allowance as prescribed in Table 2 - Other Rates and
Allowances, of Part B of this award.
(vi) Incapacity to
Pay
Subject to an application by the employer and further
order of the Industrial Relations Commission, an employer may pay a lesser
amount (or no amount) of retrenchment pay than that contained in subclause (v)
of this clause.
The Industrial Relations Commission shall have regard
to such financial and other resources of the employer concerned as the Industrial
Relations Commission thinks relevant, and the probable effect paying the amount
of retrenchment pay in the said subclause (v) will have on the employer.
(vii) Alternative
Employment
Subject to an application by the employer and further
order of the Industrial Relations Commission, an employer may pay a lesser
amount (or no amount) of severance pay than that contained in subclause (v) of
this clause if the employer obtains acceptable alternative employment for an
employee.
43. Termination of
Employment
(i) Employment,
other than of a casual, will be terminated only by appropriate notice on either
side or by the payment by the employer or forfeiture by the employee of wages
in lieu of notice. Provided that
employment may be terminated by part of the period of notice specified, and
part payment or forfeiture, in lieu of the period of notice specified.
(ii) Notice of
Termination by Employer
(a)
(1)
Period of
Continuous Service
|
Minimum Period of
Notice
|
1 year or less
|
1 week
|
More than 1 year but not more than 3 years
|
2 weeks
|
More than 3 years but not more than 5 years
|
3 weeks
|
More than 5 years
|
4 weeks
|
(2) A Care Service
Employee - Grade 4 who has responsibility for the overall management of a
facility and a Care Service Employee - Grade 5 shall be entitled to four weeks'
notice.
(b) Employees aged
45 years or older will be entitled to an additional one week’s notice in the
following circumstances:
(1) On completion of
at least five years' continuous service, for Care Service Employees - Grade 4
who have responsibility for the overall management of a facility, and Care
Service Employees - Grade 5; and
(2) On completion of
at least two years' continuous service for all other employees other than
casuals.
(c) Casuals are to
be given notice to the end of the current shift worked.
(iii) Notice by
Employee
(a) Subject to
paragraphs (b) and (c) of this subclause, employees shall give the employer one
week's notice of termination in writing.
(b) A Care Service
Employee - Grade 4 who has responsibility for the overall management of a
facility and a Care Service Employee - Grade 5 shall give four weeks' notice of
termination in writing.
(c) Casuals shall
only be required to give notice to the end of the current shift worked.
(iv) The employer
may, without notice, summarily dismiss an employee at any time for misconduct
or wilful disobedience. Payment is up
to the time of dismissal only. Serious
misconduct is where it would be unreasonable to require the employer to
continue the employment during a notice period.
(v) The employer
will give the employee a statement signed by the employer stating the period of
employment and when the employment was terminated if the employee requests.
(vi) Abandonment of
Employment
(a) Where an
employee is absent from work for a continuous period of two working days
without the consent of the employer, and without notification to the employer,
the employer shall be entitled to inform the employee by written correspondence
that, unless the employee provides a satisfactory explanation for her/his
absence within two days of the receipt of such a request, the employee will be
considered to have abandoned employment.
44. Notice Board
(i) The employer
shall permit a notice board of reasonable dimensions to be erected in a
prominent position upon which the Union representatives shall be permitted to
post Union notices.
(ii) The employer
shall keep exhibited a copy of this award in accordance with section 361 of the
Industrial Relations Act 1996.
45. Accommodation and
Amenities
(i) The minimum
standards as set out in all relevant occupational health and safety legislation
shall be met in the provision of amenities to employees.
(ii) Such amenities
must include:
(a) change rooms and
lockers;
(b) meal room;
(c) facilities for
boiling water, warming and refrigerating food and for washing and storing,
dining utensils;
(d) rest room;
(e) washing and
bathing facilities;
(f) sanitary
conveniences; and
(g) Safe and secure
workplace.
(iii) sub-clauses
(i) & (ii) above shall not apply to homecare employees.
(iv) This clause
does not create legal rights or obligations in addition to those imposed upon
the parties by legislation referred to in this clause.
46. Inspection of
Lockers
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 employer and a Union representative where
practicable; otherwise, by any two officers of the facility appointed by the
employer for that purpose.
47. Consultative
Arrangements
The parties support the development of consultative
arrangements in the aged care industry and to that end recommend that
facilities establish consultative teams and that those teams meet
regularly. The number of management
representatives should not exceed the number of staff representatives. The meetings are a forum to allow the
exchange of ideas and information on policies, procedures, etc. Members should encourage the development of
skills by attendance at recognised training forums and greater participation of
all employees in the consultative process.
48. No Extra Claims
Commitment
It is a term of this award that the Union undertakes,
for a two year period commencing 17 October 2005, not to pursue any extra
claims.
49. Training
(i) Employees will
be given ongoing training as necessary, relevant to their roles and responsibilities.
(ii) Each employee
shall provide to his/her employer details of their attendance at training and
the employer shall keep a record of this attendance.
(iii) Upon
termination of the employee’s employment, the employer shall provide to the employee
a written statement of the hours of training attended by the employee.
(iv) Where
practicable, such training shall be provided to employees during their normal
rostered hours of work. Where this is
not practicable:
(a) Employees shall
attend training outside their normal rostered working hours when required to do
so by the employer;
(b) An employer
shall provide employees with two weeks' notice of the requirement to attend
training outside of their normal rostered working hours;
(c) Notwithstanding
clause 10, Overtime, attendance at such training shall be paid ordinary pay for
the period of training.
(d) An employer
requiring an employee to attend training shall also pay to the employee
ordinary pay for time travelling to and from a period of training referred to
in subclause (c) of this clause that is in excess of the time normally taken
for that employee to attend work.
(e) When receiving
travelling time as set out in subclause (d) above in this clause, any employee
using their own vehicle for attendance at such training shall be reimbursed as
set out in Item 5 of Table 2 - Other Rates and Allowances, of Part B of this
award.
(f) Training
provided outside the normal rostered hours of work shall be arranged so as to
allow full-time employees to have at least eight or ten hours off duty before
or after training and the end or beginning of their shift, whichever is
applicable, as set out in clause 7, Hours.
Where practicable, similar arrangements should also be made available to
all other employees.
(g) Any training
undertaken by an employee that occurs at a workplace is not intended to replace
or supplement staffing levels and the normal levels of service delivery at such
a workplace.
(h) Notwithstanding
subclause (ix) of clause 7, Hours, subclause (ii) of clause 10, Overtime will
not apply where attendance at such training is outside the normal rostered
working time of other than full-time employees and where it interrupts the
applicable eight- or ten-hour break between shifts.
50. Leave Reserved
The parties agree to the following:
(a) continue to
review the classification structures within the Award to ensure their on-going
currency and relevance to the industry; and
(b) continue
discussions regarding reasonable workloads.
51. Exemptions
This award shall not apply to:
(i) Novices,
aspirants or persons who have taken the vows of religious orders.
(ii) Employees of
the Spastic Centre of New South Wales to whom the terms of The Spastic Centre
of New South Wales Enterprise (State) Award published 7 November 2003 (341 I.G.
945), and any variations thereto or replacements thereof, apply.
(iii) Employees of
Stewart House of South Curl Curl, to whom the terms of the Registered
Industrial Agreement No. 6299, and any variations thereto or replacements
thereof, apply.
(iv) Employees of
Carrington Centennial Hospital for Convalescents at the Carrington Retirement
Village of Camden, to whom the terms of the Registered Industrial Agreement No.
8634, and any variations thereto or replacements thereof, apply.
(v) Employees of the
Richmond Fellowship of New South Wales to whom the terms of The Richmond
Fellowship of New South Wales (State) Award 1999 published 14 April 2000 (314
I.G. 1055) apply.
(vi) Employees of
the Royal Institute for Deaf and Blind Children, North Rocks whilst ever the
terms of The Royal New South Wales Institute for Deaf and Blind Children
Employees' (State) Award published 19 January 2001 (321 I.G. 716) apply to
them.
(vii) Employees of
the Northcott Society whilst ever they are applying to their employees the
terms of The Northcott Society (State) Award published 8 September 2000 (318
I.G. 490).
(viii) Employees of
the following nursing homes whilst ever these nursing homes are applying to
their employees the terms of the Aged Care General Services (State) Award
published 10 November 2000 (320 I.G. 1), or any award replacing that award:
Austral House Nursing Home, 4 Austral Avenue, North
Manly
Cardinal Freeman Nursing Home, Clissold Street,
Ashfield
Castellorizian Nursing Home, 95 Todman Avenue,
Kensington
Castle Hill Nursing Home, 454 Old Northern Road, Dural
Coffs Harbour Legacy Nursing Home, 55 Victoria Street,
Coffs Harbour
Courtlands Nursing Home, Walden Road, Parramatta
Edinglassie Nursing Home, Emerald Street, Emu Plains
Ex-Servicemen's Memorial Nursing Home, The Ridgeway,
Bolton Point
Fairview Nursing Home, Victoria Terrace, Moree
Garden Suburbs Nursing Home, 7 Myall Road, Garden
Suburbs
I.O.O.F. Nursing Home, 7 Saunders Street, North
Parramatta
Jacaranda Nursing Home, 12-14 English Street, Cronulla
James Milson Nursing Home, 55 High Street, North Sydney
John and Helen Robinson Nursing Home, Belinda Street,
Gerringong
Leisure World Nursing Home, 93 Baumans Road, Peakhurst
Loreto Home for the Aged Nursing Home, 367 Bronte Road,
Waverley
Lourdes Village Nursing Home, 95 Stanhope Road, Killara
Lynvale Nursing Home, 55 Stokes Street, Lane Cove
Mary Potter Nursing Home, Lewisham Avenue, Wagga Wagga
Mayflower Nursing Home, 2 Helen Street, Westmead
McCall Garden Colony Nursing Home, 10-32 Terrey Road,
Box Hill
Narla Village Nursing Home, 21 Lentara Road, Belmont
North
Ocean View Nursing Home, 2 Jenkin Street, Mona Vale
Peakhurst Nursing Home, 18 Henry Lawson Drive,
Peakhurst
Pioneer House Nursing Home, 44 Court Street, Mudgee
Sir William Hudson Memorial Nursing Home, Buchan
Parade, Cooma
St. Luke's Nursing Home, 73 Roslyn Gardens, Elizabeth
Bay
Wesley Heights Nursing Home, 47 Birkley Road, Manly
Wesley Lodge Nursing Home, 55 Bull Street, Mayfield
Whitehall Nursing Home, 75B Maroo Avenue, Revesby
Woodfield Nursing Home, 16 Stanton Road, Haberfield
Woodstock Nursing Home, 88 Redmyre Road, Strathfield.
(ix) Members of the
Aged Services Association and/or the Catholic Commission for Employment
Relations shall be covered by the Charitable, Aged and Disability Care Services
(State) Award published 21 June 2002 (334 I.G. 601).
52. Reasonable Hours
(i) Subject to
subclause (ii) of this clause, 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 subclause (ii) of this clause, what is reasonable or otherwise will
be determined having regard to:
(a) Any risk to
employee health and safety.
(b) The employee’s
personal circumstances, including any family and carer responsibilities.
(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.
53. Secure Employment
(a) Objective of
this Clause
The objective of this clause is for the employer to
take all reasonable steps to provide its employees with secure employment by
maximising the number of permanent positions in the employer’s workforce, in
particular by ensuring that casual employees have an opportunity to elect to
become full-time or part-time employees.
(b) Casual
Conversion
(i) A casual
employee engaged by a particular employer on a regular and systematic basis for
a sequence of periods of employment under this Award during a calendar period
of six months shall thereafter have the right to elect to have his or her
ongoing contract of employment converted to permanent full-time employment or
part-time employment if the employment is to continue beyond the conversion
process prescribed by this subclause.
(ii) Every employer
of such a casual employee shall give the employee notice in writing of the
provisions of this sub-clause within four weeks of the employee having attained
such period of six months. However, the employee retains his or her right of
election under this subclause if the employer fails to comply with this notice
requirement.
(iii) Any casual
employee who has a right to elect under paragraph (b)(i), upon receiving notice
under paragraph (b)(ii) or after the expiry of the time for giving such notice,
may give four weeks’ notice in writing to the employer that he or she seeks to
elect to convert his or her ongoing contract of employment to full-time or
part-time employment, and within four weeks of receiving such notice from the
employee, the employer shall consent to or refuse the election, but shall not
unreasonably so refuse. Where an employer refuses an election to convert, the
reasons for doing so shall be fully stated and discussed with the employee
concerned, and a genuine attempt shall be made to reach agreement. Any dispute about
a refusal of an election to convert an ongoing contract of employment shall be
dealt with as far as practicable and with expedition through the disputes
settlement procedure.
(iv) Any casual
employee who does not, within four weeks of receiving written notice from the
employer, elect to convert his or her ongoing contract of employment to
full-time employment or part-time employment will be deemed to have elected
against any such conversion.
(v) Once a casual
employee has elected to become and been converted to a full-time employee or a
part-time employee, the employee may only revert to casual employment by
written agreement with the employer.
(vi) If a casual
employee has elected to have his or her contract of employment converted to
full-time or part-time employment in accordance with paragraph (b)(iii), the
employer and employee shall, in accordance with this paragraph, and subject to
paragraph (b)(iii), discuss and agree upon:
(1) whether the
employee will convert to full-time or part-time employment; and
(2) if it is agreed
that the employee will become a part-time employee, the number of hours and the
pattern of hours that will be worked either consistent with any other part-time
employment provisions of this award or pursuant to a part time work agreement
made under Chapter 2, Part 5 of the Industrial Relations Act 1996 (NSW);
Provided that an employee who has worked on a full-time
basis throughout the period of casual employment has the right to elect to
convert his or her contract of employment to full-time employment and an
employee who has worked on a part-time basis during the period of casual
employment has the right to elect to convert his or her contract of employment
to part-time employment, on the basis of the same number of hours and times of
work as previously worked, unless other arrangements are agreed between the
employer and the employee.
(vii) Following an
agreement being reached pursuant to paragraph (vi), the employee shall convert
to full-time or part-time employment. If there is any dispute about the
arrangements to apply to an employee converting from casual employment to
full-time or part-time employment, it shall be dealt with as far as practicable
and with expedition through the disputes settlement procedure.
(viii) An employee
must not be engaged and re-engaged, dismissed or replaced in order to avoid any
obligation under this subclause.
(c) Occupational
Health and Safety
(i) For the
purposes of this subclause, the following definitions shall apply:
(1) A "labour
hire business" is a business (whether an organisation, business
enterprise, company, partnership, co-operative, sole trader, family trust or
unit trust, corporation and/or person) which has as its business function, or
one of its business functions, to supply staff employed or engaged by it to
another employer for the purpose of such staff performing work or services for
that other employer.
(2) A "contract
business" is a business (whether an organisation, business enterprise,
company, partnership, co-operative, sole trader, family trust or unit trust,
corporation and/or person) which is contracted by another employer to provide a
specified service or services or to produce a specific outcome or result for
that other employer which might otherwise have been carried out by that other
employer’s own employees.
(ii) Any employer
which engages a labour hire business and/or a contract business to perform work
wholly or partially on the employer’s premises shall do the following (either
directly, or through the agency of the labour hire or contract business):
(1) consult with
employees of the labour hire business and/or contract business regarding the workplace occupational health
and safety consultative arrangements;
(2) provide
employees of the labour hire business and/or contract business with appropriate
occupational health and safety induction training including the appropriate
training required for such employees to perform their jobs safely;
(3) provide
employees of the labour hire business and/or contract business with appropriate
personal protective equipment and/or clothing and all safe work method
statements that they would otherwise supply to their own employees; and
(4) ensure employees
of the labour hire business and/or contract business are made aware of any
risks identified in the workplace and the procedures to control those risks.
(iii) Nothing in
this subclause (c) is intended to affect or detract from any obligation or
responsibility upon a labour hire business arising under the Occupational
Health and Safety Act 2000 or the Workplace Injury Management and
Workers Compensation Act 1998.
(d) Disputes
Regarding the Application of this Clause
Where a dispute arises as to the application or
implementation of this clause, the matter shall be dealt with pursuant to the
disputes settlement procedure of this award.
(e) This clause has
no application in respect of organisations which are properly registered as
Group Training Organisations under the Apprenticeship and Traineeship Act
2001 (or equivalent interstate legislation) and are deemed by the relevant
State Training Authority to comply with the national standards for Group
Training Organisations established by the ANTA Ministerial Council.
54. Area, Incidence
and Duration
(i) This award rescinds
and replaces the Charitable Sector Aged and Disability Care Services (State)
Award published 6 July 2001 (325 I.G. 996), and all variations thereof.
(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 the
Health Services Union.
(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 the Health Services Union.
(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 the Health Services
Union.
(v) Provided that,
with respect to the Grand United Centenary Nursing Home, employees employed
prior to 15 July 1996 shall continue to be entitled to receive any benefit or
benefits contained in the Aged Care General Services (State) Award published 10
November 2000 (320 I.G. 1), as varied, which are greater than the benefit or
benefits contained in this award.
(vi) Provided
further that, with respect to the following nursing homes, however named:
Clarence Nursing Home, Grafton
Frank Whiddon Masonic Nursing Home, Glenfield
The Cedars Nursing Home, Casino
Wingham Court Nursing Home, Wingham
Narraburra Lodge Nursing Home, Temora (previously known
as Greenstone Lodge Nursing Home, Temora)
employees employed prior to 4 September 1998 shall
continue to be entitled to receive any benefit or benefits contained in the
Aged Care General Services (State) Award published 10 November 2000 (320 I.G.
1), as varied, which are greater than the benefit or benefits contained in this
award.
(vii) Provided
further that, with respect to the following hostels for the aged, however
named:
A H Livingston House, Grafton
Arthur Webb Court Hostel, Glenfield
Birrungan Lodge Hostel
Easton Park Hostel Units, Glenfield
Easton Park New Hostel Units, Glenfield
Greenstone Lodge, Temora
Ilumba Gardens, Kelso
Kyogle Court, Kyogle
Lake Macquarie Retirement Village Hostel, Belmont
Laurieton Haven Hostel, Laurieton
Lower Clarence Retirement Village Hostel, Maclean
Maas House, Glenfield
Masonic Towers, Hornsby
Namoi Valley Aged Care Hostel
Primrose Court
Redhead Gardens Hostel
The Noel Warren Masonic Village
Wingham Court, Wingham
employees employed prior to 4 September 1998 shall be
entitled to receive any benefit or benefits contained in the Aged Care General
Services (State) Award published 10 November 2000 (320 I.G. 1) as varied, which
are greater than the benefit or benefits contained in this award.
(viii) Provided
further that, with respect to the following retirement villages, however named:
Easton Park Retirement Village, Glenfield
Frank Whiddon Masonic Homes, Glenfield
Ilumba Gardens Retirement Village, Kelso
Lake Macquarie Retirement Village
Laurieton Haven Home for the Frail Aged
Lower Clarence Retirement Village
Maitland Retirement Village
Namoi Valley Aged Care Complex
Redhead Gardens Retirement Village
employees employed prior to 4 September 1998 shall be
entitled to receive any benefit or benefits contained in the Aged Care General
Services (State) Award published 10 November 2000 (320 I.G. 1), as varied,
which are greater than the benefit or benefits contained in this award.
(ix) This award
shall also apply to all persons employed in the following centres:
Ashton House, Maroubra Junction
Ferguson Lodge, Lidcombe
Foundation for Disabled, Llandilo
Greystanes Children’s Home, Leura
Handicapped Children’s Centre, Kirrawee
Illawarra Society for Crippled Children
Kurinda Residential Services, Seven Hills
Lonsdale House Hostel
Lorna Hodgkinson Sunshine Home, Gore Hill
Mannix Children’s Centre, Liverpool
Multiple Sclerosis Society of NSW, Lidcombe
Newcastle and District Association for Crippled
Children
Royal Far West Children’s Health Service & Services
for the Aged
Sunnyfield Association, Allambie Heights;
Whitehall Children’s Home, Revesby
(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 programs, 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 the Health Services Union 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 homecare
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 Miscellaneous Workers
Homecare Industry (State) Award published 4 August 2000 (317 I.G. 618), as
varied, apply.
(xii) The variation,
made on 18 February 1997, deleting the Grand United War Memorial Nursing Home
from the list in subclause (viii) of clause 41, Exemptions, and adding the
proviso to subclause (iii) of clause 42, Area, Incidence and Duration, shall
take effect on and from 22 January 1997.
(xiii) The variation
applying to the nursing homes, hostels and retirement villages run by Frank
Whiddon Masonic Homes shall take effect on and from 4 September 1998.
(xiv) This award shall
take effect on and from the beginning of the first pay period to commence on or
after 3 December 2003 and it shall have a nominal term of 12 months.
(xv) The changes made
to the award pursuant to the Award Review pursuant to section 19(6) of the Industrial
Relations Act 1996 and Principle 26 of the Principles for Review of Awards
made by the Industrial Relations Commission of New South Wales on 28 April 1999
(310 I.G. 359) take effect on and from 23 July 2007.
(xvi) This award
remains in force until varied or rescinded, the period for which it was made
already having expired.
The rates contained herein shall be deemed to apply
from the first full pay period to commence on or from the date shown.
PART B
Table 1 - Monetary Rates
Classifications
|
|
SWC 2010
|
Wage Rate as
|
|
Current Rate
|
Adjustment
|
from 16.12.10
|
|
per week
|
per week
|
per week
|
|
$
|
%
|
$
|
Care Service Employees
|
|
|
|
New Entrant Grade 1 Junior
|
544.10
|
4.25
|
567.20
|
Grade 1
|
635.10
|
4.25
|
662.10
|
Grade 2
|
675.00
|
4.25
|
703.70
|
Grade 3
|
715.40
|
4.25
|
745.80
|
Grade 4
|
|
|
|
- Level 1
|
752.60
|
4.25
|
784.60
|
- Level 2
|
816.80
|
4.25
|
851.50
|
Grade 5 from
|
871.30
|
4.25
|
908.30
|
to
|
1287.40
|
4.25
|
1342.10
|
Note: Employees classified and paid as Recreational Activities
Officers as at 10 November 1998 be
|
reclassified in accordance with the new definitions of
Care Service Employee. Employees
reclassified at
|
Grade 2 by virtue of the above exercise shall be paid at Grade
3 from the effective date of this award, and
|
continue to be so paid whilst employed in the provision of
recreational activities by their current
|
employer. These
employees may be required to perform the duties of a Level 3 Care Services
Employee
|
where they have the skill and competence to do so.
|
Note: Salary Band-Grade 5 - Employers and employees may
negotiate a rate within the salary band as
|
shown. For the
purposes of this award, the rate so negotiated shall be deemed to be the
employee's
|
award rate of pay.
Salaries in excess of the salary band may also be negotiated between
the parties.
|
Maintenance Supervisors -
|
|
|
|
Maintenance Supervisor (Otherwise)
|
747.30
|
4.25
|
779.10
|
Maintenance Supervisor (Otherwise)
|
|
|
|
- in charge of staff
|
763.50
|
4.25
|
795.90
|
Maintenance Supervisor (Tradesperson)
|
810.40
|
4.25
|
844.80
|
Catering Officer
|
|
|
|
Trainee Catering Officer -
|
|
|
|
1st year
|
661.10
|
4.25
|
689.20
|
2nd year
|
673.10
|
4.25
|
701.70
|
3rd year
|
686.80
|
4.25
|
716.00
|
Assistant Catering Officer -
|
|
|
|
80-120 beds
|
693.40
|
4.25
|
722.90
|
120-300 beds
|
738.60
|
4.25
|
770.00
|
300-500 beds
|
792.40
|
4.25
|
826.10
|
500-1000 beds
|
813.70
|
4.25
|
848.30
|
Catering Officer -
|
|
|
|
80-120 beds
|
771.30
|
4.25
|
804.10
|
120-200 beds
|
792.40
|
4.25
|
826.10
|
200-300 beds
|
813.70
|
4.25
|
848.30
|
300-500 beds
|
854.30
|
4.25
|
890.60
|
500-1000 beds
|
922.10
|
4.25
|
961.30
|
Diversional Therapist
|
|
|
|
1st year of experience
|
689.80
|
4.25
|
719.10
|
2nd year of experience
|
724.10
|
4.25
|
754.90
|
3rd year of experience
|
758.00
|
4.25
|
790.20
|
4th year of experience
|
791.90
|
4.25
|
825.60
|
5th year of experience and thereafter
|
824.40
|
4.25
|
859.40
|
Apprentices
|
|
|
|
Apprentice Cook -
|
|
|
|
1st year
|
429.20
|
60% of CSE 3
|
447.50
|
2nd year
|
590.20
|
82.5% of CSE 3
|
615.30
|
3rd year
|
661.70
|
92.5% of CSE 3
|
689.90
|
Apprentice Gardener
-
|
|
|
|
1st year
|
357.70
|
50% of CSE 3
|
372.90
|
2nd year
|
429.20
|
60% of CSE 3
|
447.50
|
3rd year
|
572.30
|
80% of CSE 3
|
596.60
|
4th year
|
643.90
|
90% of CSE 3
|
671.20
|
Homecare Employees
|
|
|
|
Homecare Employee -
|
|
|
|
Grade 1
|
638.90
|
4.25
|
666.10
|
Grade 2
|
670.20
|
4.25
|
698.70
|
Grade 3
|
716.50
|
4.25
|
747.00
|
Live-in Housekeeper -
|
|
|
|
Grade 1
|
830.60
|
130% of Home
|
865.90
|
|
|
Care-Grade 1
|
|
Grade 2
|
938.30
|
140% of Home
|
978.20
|
|
|
Care-Grade 2
|
|
Grade 3
|
1087.30
|
refer formula
|
1133.60
|
Clerical & Administrative Employees
|
|
|
|
Juniors -
|
|
|
|
At 16 years of age and under
|
347.40
|
4.25
|
362.20
|
At 17 years of age
|
393.80
|
4.25
|
410.50
|
At 18 years of age
|
451.60
|
4.25
|
470.80
|
At 19 years of age
|
508.80
|
4.25
|
530.40
|
At 20 years of age
|
561.00
|
4.25
|
584.80
|
Adults -
|
|
|
|
Grade 1
|
685.50
|
4.25
|
714.60
|
Grade 2
|
726.30
|
4.25
|
757.20
|
Grade 3
|
768.80
|
4.25
|
801.50
|
Grade 4
|
802.90
|
4.25
|
837.00
|
Grade 5
|
839.20
|
4.25
|
874.90
|
Note 1: Any employee paid on a classification/grade
carrying a higher wage rate as at 10 November,
|
1998 shall have the difference between the higher rate and
the new agreed grade/rate preserved whilst
|
remaining to undertake the duties associated with the
classification held prior to the date referred to
|
above.
|
Note 2: Clerks who are paid at a grade above that of Grade
5 as at 10 November, 1998 shall have the
|
difference between that grade and the new agreed grade
preserved whilst employed in a clerical position
|
with their current employer.
|
|
|
|
|
|
|
|
Table 2 - Other Rates and Allowances
Item
|
Clause
|
Brief Description
|
|
Amount from
|
No.
|
No.
|
|
|
16.12.10
|
|
|
|
|
SWC 2010
|
|
|
|
|
(4.25%)
|
|
|
|
|
$
|
1
|
7(xi)(c)
|
Broken Shift
|
Per shift
|
8.45
|
2
|
9(iii)(a)
|
Overtime - Breakfast
|
Per meal
|
11.02
|
3
|
9(iii)(b)
|
Overtime - Luncheon
|
Per meal
|
14.25
|
4
|
9(iii)(c)
|
Overtime - Evening Meal
|
Per meal
|
20.80
|
5
|
10(iii)(b)
|
Overtime - recall use of own vehicle
|
Per klm
|
0.30
|
6
|
10(iii)(c)
|
On Call Allowance
|
Per day (24 hrs)
|
13.76
|
7
|
14(i)
|
Climatic & Isolation Allowance
|
Per week
|
5.48
|
8
|
14(ii)
|
Climatic & Isolation Allowance
|
Per week
|
10.35
|
9
|
17(i)(a)
|
Cleaning/Scraping Work - confined space
|
Per hour
|
0.52
|
10
|
17(i)(b)
|
Cleaning/Scraping Work - boiler/flue
|
Per hour
|
0.83
|
11
|
17(iii)
|
Linen Handling - nauseous nature
|
Per hour
|
0.25
|
12
|
17(v)
|
Use of own vehicle per kilometre
|
Per week
|
0.58
|
13
|
17(ix)
|
Laundry and Dry Cleaning Certificate
|
|
|
|
|
Allowance
|
Per week
|
9.11
|
14
|
28(ii)
|
Leading Hand Allowance - in charge 2-5
|
|
|
|
|
employees
|
Per week
|
22.41
|
15
|
28(ii)
|
Leading Hand Allowance - in charge 6-10
|
|
|
|
|
employees
|
Per week
|
32.04
|
16
|
28(ii)
|
Leading Hand Allowance - in charge 11-15
|
|
|
|
|
employees
|
Per week
|
40.46
|
17
|
28(ii)
|
Leading Hand Allowance - in charge 16-19
|
|
|
|
|
employees
|
Per week
|
49.42
|
18
|
30(i)(c)
|
Uniform Allowance
|
Per week
|
5.64
|
19
|
30(i)(d)
|
Special Type Shoes Allowance
|
Per week
|
1.75
|
20
|
30(i)(e)
|
Cardigan or Jumper Allowance
|
Per week
|
1.68
|
21
|
30(i)(f)
|
Laundry Allowance - Uniform
|
Per week
|
4.69
|
22
|
31(ii)(d)
|
Sleepover Allowance
|
Per shift
|
40.00
|
23
|
41(vi)
|
Apprentice - TAFE Examination Allowance
|
Per week
|
1.87
|
Table 3 -
Translation
Care Service
Employee
|
Previous
Classification
|
Grade 1
|
GSO Grade 1
|
|
GSO Grade 2
|
|
PCA Grade 1
|
Grade 2
|
PCA Grade 2
|
|
GSO Grade 3
|
|
Assistant Cook
|
|
Recreational
Activities Officer
|
|
Gardener (Otherwise)
|
|
Wardsman
|
|
Handyperson
|
|
Motor Vehicle
Drivers (A and B)
|
Grade 3
|
GSO Grade 4
|
|
Cook Grade A
|
|
Cook Grade B
|
|
Housekeeper
|
|
Gardener
(Qualified)
|
|
Head
Gardener(Otherwise)
|
|
Laundry Foreperson
|
|
Recreational
Activities Officer (in Charge)
|
|
Motor Vehicle
Driver (C to E)
|
Grade 4
|
Chef Grade A, B and
C
|
|
Head Gardener
(Qualified)
|
|
Hostel Supervisor
Grade 1 and 2
|
Grade 5
|
Hostel Supervisor
Grade 3 and 4
|
____________________
Printed by
the authority of the Industrial Registrar.