Public Health System Nurses' and Midwives' (State)
Award 2021
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by NSW Ministry of Health.
(Case No. 223156 of 2021)
Before Chief Commissioner Constant
|
10 August 2021
|
AWARD
PART A
1. Arrangement
Clause No. Subject Matter
1. Arrangement
2. No Extra
Claims
3. Definitions
4. Hours of Work
and Free Time of Employees Other Than Directors of Nursing and Area Managers,
Nurse Education
4A. Multiple
Assignments
5. Pilot
Roster Projects
6. Introduction
of Change
7. Hours of
Work and Free Time of Directors of Nursing and Area Managers, Nurse Education
8. Rosters
9. Salaries
10. Salary
Sacrifice to Superannuation
11. Leave for
Matters arising from Family Violence
12. Special
Allowances
13. Continuing
Education Allowance
14. Climatic
and Isolation Allowances
15. Penalty
Rates for Shift Work and Weekend Work
16. Fares and
Expenses
17. Special
Rates and Conditions
18. Telephone
Allowance
19. Work Health
and Safety for Employees of Contractors and Labour Hire Business
20. Mobility,
Excess Fares & Travelling
21. Car
Allowance
22. Provision
of Communication Device
23. Uniform and
Laundry Allowances
24. Higher
Grade Duty
25. Overtime
26. Escort Duty
27. Payment and
Particulars of Salaries
28 Registration
Pending
29. Part-time,
Casual and Temporary Employees
30. Annual
Leave
31. Annual Leave
Loading
32. Family and
Community Services Leave and Personal/Carers’ Leave
33. Long
Service Leave
34. Maternity,
Adoption and Parental Leave
35. Military
Leave
36. Repatriation
Leave
37. Sick Leave
38. Accommodation
and Board
39. Grading
Committee
40. Grading of
Nurse/Midwife Manager Positions
41. Deputy
Directors of Nursing, Assistant Directors of Nursing
42. Proportion
43. Medical
Examination of Nurses
44. Domestic
Work
45. Termination
of Employment
46. Labour
Flexibility
47. Right of
Entry
48. Disputes
49. Anti-discrimination
50. Exemptions
51. Salary
Packaging
52. Deduction
of Union Membership Fees
53. Staffing
Arrangements
54. Trade Union
Activities
55. Learning
and Development Leave
56. Career
Break Scheme
57. Commitments
During Life of this Award
58. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Salaries
Table 2 - Other Rates and Allowances
2. No Extra Claims
Other than as provided for in the Industrial Relations Act 1996 and the Industrial Relations (Public
Sector Conditions of Employment) Regulation 2014, there shall be no further
claims/demands or proceedings instituted before the Industrial Relations
Commission of New South Wales for extra or reduced wages, salaries, rates of
pay, allowances or conditions of employment with respect to the employees
covered by the Award that take effect prior to 30 June 2022 by a party to this
Award.
3. Definitions
Unless the context otherwise indicates or requires, the
several expressions hereunder defined shall have the respective meanings
assigned to them:
"ADA" means the adjusted daily average of occupied
beds, calculated in accordance with the following formula:
ADA = Daily Average + Neo-natal Adjustment + Non-inpatient
Adjustment
Where:
Daily Average
|
=
|
Total
Occupied Bed Days for the Period Less Unqualified Baby Bed Days
|
|
|
Number
of Days in the Period
|
|
|
|
Neo-natal Adjustment
|
=
|
Total
Bed Days of Unqualified Babies for the Period
|
|
|
2
X Number of Days in the Period
|
|
|
|
Non-inpatient
|
=
|
Total
NIOOS Equivalents for the Period
|
|
|
10
X Number of Days in the Period
|
Note: Total NIOOS Equivalents for the Period equals the
individual NIOOS plus the equivalent number of Group NIOOS (Non-inpatient Group
Sessions * 1.3) plus the equivalent number of Dental NIOOS (Non-inpatient
Dental Flow * 3.8).
"AHPRA" means the Australian Health Practitioner
Regulation Agency.
"Ambulance Service" means the Ambulance Service of
NSW.
"Area Manager, Nurse/Midwife Education" - refer to
Schedule 1, Nurse Managers.
"Assistant in Nursing/Midwifery" means a person,
other than a registered nurse, Enrolled Nurse or Enrolled Nurse without
medication qualification who is employed in nursing/midwifery duties in a
public hospital or public health organisation.
"Assistant Director of Nursing/Midwifery" - refer
to Schedule 1, Nurse Managers.
"Association" means the New South Wales Nurses and
Midwives’ Association and the Australian Nursing and Midwifery Federation NSW
Branch (ANMF NSW Branch).
"Association delegate" means a trade union
delegate accredited by the Association including but not limited to a Branch
Official, Councillor or workplace representative of
the Association.
"Board" means the Nursing and Midwifery Board of
Australia and shall also be taken to mean a reference to AHPRA as
appropriate/applicable.
"Career Break Scheme" means a scheme where
employees may apply for an option to defer twenty per cent of their salary for
four years and be paid this deferred salary in the fifth year.
"Clinical Nurse Educator/Clinical Midwife
Educator" means a Registered Nurse/Midwife appointed to a position
classified as such and who holds relevant clinical or education post
registration qualifications or such education and clinical experience deemed
appropriate by the employer.
The Clinical Nurse Educator/Clinical Midwife Educator is
required to deliver and evaluate clinical education programs at the ward/unit
level.
The Clinical Nurse Educator/Clinical Midwife Educator shall
provide for the delivery of clinical nurse/midwife education in the ward/unit
level, and performs the following functions at that level:
• Delivers
competent nursing education in the ward/unit;
• Contributes
to the development of colleagues;
• Supports
less experienced staff and acts as preceptor for new staff;
• Acts as
the preceptor in orientations to the ward/unit;
• Provides
day to day clinical education support in the ward/unit;
• Provides
one on one informal education;
• Provides
support for skill development in clinical procedures;
• Provides
support for professional development;
• Provides
support for clinical policy development;
• Provides
a ward/unit based in-service program.
The provision of direct clinical care by Clinical Nurse
Educator/Clinical Midwife Educator should be for the purpose of providing
clinical education to other employees.
Direct clinical care shall be limited to emergency circumstances only.
Incremental progression to the 2nd year and thereafter rate
shall be upon completion of 12 months satisfactory full-time service.
"Clinical Nurse Specialist/Clinical Midwife Specialist
Grade 1" means: a Registered Nurse/Midwife who applies a high level of
clinical nursing knowledge, experience and skills in providing complex
nursing/midwifery care directed towards a specific area of practice, a defined
population or defined service area, with minimum direct supervision.
A Clinical Nurse Specialist/Clinical Midwife Specialist
Grade 1 shall satisfy the following minimum criteria:
• Relevant
post-registration qualifications and at least 12 months experience working in
the relevant clinical area of their post-registration qualification; or four
years post- registration experience, including three years’ experience in the
relevant specialist field.
• A Clinical
Nurse Specialist/Clinical Midwife Specialist Grade 1 is distinguished from an
8th Year Registered Nurse/Midwife by being required to satisfy the following
criteria:
(a) actively
contributes to the development of clinical practice in the ward/unit/service;
(b) acts as a
resource and mentor to others in relation to clinical practice; and
(c) actively
contributes to their own professional development.
Clinical Nurse Specialist/Clinical Midwife Specialist Grade 1
is a personal grading
"Clinical Nurse Specialist/Clinical Midwife Specialist
Grade 2" means: a Registered Nurse/Midwife
appointed to a position classified as such with relevant post-registration
qualifications and at least 3 years’ experience working in the clinical area of
their specified post-graduate qualification.
The Clinical Nurse Specialist/Clinical Midwife Specialist
Grade 2 classification encompasses the Clinical Nurse Specialist/Clinical
Midwife Specialist Grade 1 role criteria and is distinguished from a Clinical
Nurse Specialist/Clinical Midwife Specialist Grade 1 by the following
additional role characteristics:
Exercises extended autonomy of decision making;
Exercises professional knowledge and judgement in
providing complex care requiring advanced clinical skills and undertakes one of
the following roles:
leadership in the development of nursing specialty
clinical practice and service delivery in the ward/unit/service; or
specialist clinical practice across a small or medium
sized health facility/sector/service; or
primary case management of a complete episode of care;
or
primary case management of a continuum of specialty
care involving both inpatient and community based
services; or
an authorised extended role within the scope of
Registered Nurse/Midwifery practice.
Incremental progression to the second year and thereafter
rate shall be upon completion of 12 months satisfactory full-time service (or
pro rata part time service).
"Clinical Nurse Consultant/Clinical Midwife Consultant
Grade 1" means: a registered nurse/midwife appointed as such to a position
approved by the public hospital or public health organisation, who has at least
5 years full time equivalent post registration experience and in addition who
has approved post registration nursing/midwifery qualifications relevant to the
field in which he/she is appointed, or such other qualifications or experience
deemed appropriate by the public hospital or public health organisation.
"Clinical Nurse Consultant/Clinical Midwife Consultant
Grade 2" means: a registered nurse/midwife appointed as such to a position
approved by the public hospital or public health organisation, who has at least
5 years full time equivalent post registration experience, with at least 3
years full time equivalent experience in the specialty field. In addition, the
employee must have approved postgraduate nursing/midwifery qualifications
relevant to the field in which he/she is appointed, or such other
qualifications or experience deemed appropriate by the public hospital or
public health organisation. An employer
may also require a higher qualification in the specialist nursing field where
such a qualification is considered essential for the performance of the
individual position.
"Clinical Nurse Consultant/Clinical Midwife Consultant
Grade 3" means: a registered nurse/midwife appointed as such to a position
approved by the public hospital or public health organisation, who has at least
7 years full time equivalent post registration experience, with at least 5
years full time equivalent experience in the specialty field. In addition the employee must have approved postgraduate
nursing/midwifery qualifications relevant to the field in which he/she is
appointed or such other qualifications or experience deemed appropriate by the
public hospital or public health organisation.
An employer may also require a higher qualification in the specialist
nursing field where such a qualification is considered essential for the
performance of the individual position.
"Day Worker" means a worker who works her/his
ordinary hours from Monday to Friday inclusive and who commences work on such
days at or after 6am and before 10am, otherwise than as part of the shift
system.
"Deferred Salary Leave Year" means the fifth year
of the career break scheme where the employee is absent from work and receives
the deferred salary from the previous four years through participation in the
Career Break Scheme. This year cannot be compressed into a period of less than
twelve months.
"Ministry" means the NSW Ministry of Health.
"Deputy Director of Nursing" - refer to Schedule
1, Nurse/Midwife Managers.
"Enrolled Nurse without medication qualification"
means a person registered by the Board as an enrolled nurse with the notation
"does not hold a Board approved qualification in medicines
administration".
"Enrolled Nurse" means a person registered by the
Board as an enrolled nurse.
"Enrolled Nurse without medication qualification -
Special Grade" means an Enrolled Nurse without medication qualification,
with an Advanced Certificate qualification and a minimum of six years full time
equivalent post enrolment experience, including three years full time
equivalent experience in the relevant clinical area. Such a nurse is appointed
to a position established by a public hospital or public health organisation
which satisfies the criteria as agreed between the Association and the Ministry
from time to time.
"Enrolled Nurse - Special Grade" means an Enrolled
Nurse with an Advanced Certificate qualification and a minimum of six years
full time equivalent post enrolment experience, including three years full time
equivalent experience in the relevant clinical area. Such a nurse is appointed
to a position established by a public hospital or public health organisation
which satisfies the criteria as agreed between the Association and the Ministry
from time to time.
"Experience" in relation to an assistant in
nursing, means experience both before and/or after the commencement of this
Award, whether within New South Wales or elsewhere and, in the case of an
Enrolled nurse, an Enrolled Nurse without medication qualification or assistant
in nursing who was formerly a student nurse, includes experience as such
student nurse.
"Flight Nurse" means a registered nurse employed
by the Ambulance Service who is engaged in nursing duties with the Ambulance
Service of New South Wales.
"Flight Hours" means all time spent whilst in
flight on an aircraft transporting patients or in transit to pick up patients.
"Ground Hours" for Flight Nurses means all time
spent at an airport preparing for a flight or a series of flights, and includes
generally preparing and restocking aircraft on return to home base; attending
to clerical work pertaining to flights and other general duties normally
undertaken by a Flight Nurse, including but not limited to the sterilisation of
stock, maintenance and care of special nursing equipment, cleaning the nursing
sections of the aircraft; caring of patients at terminals until the patient is
transferred to hospital or at the commencement of a flight; supervising and
assisting in loading and unloading of patients; escorting seriously ill
patients to hospital in a road ambulance.
"Health service" means any of the following:
(a) any hospital service
(b) any medical
service
(c) any paramedical
service
(d) any community
health service
(e) any
environmental health service
(f) any other service
(including any service of a class or description prescribed by the Regulations
of the Health Service Act 1997)
relating to the maintenance or improvement of the health, or the restoration to
health, of persons or the prevention of disease in or injury to persons.
"Industry of nursing" means the industry of
persons engaged in New South Wales in the profession or occupation of nursing
including midwifery and employed in or in connection with the New South Wales
Health Service as defined in section 115 of the Health Services Act 1997
or its successors, assignees or transmittees.
"Local Health District" includes Specialist and
Additional Networks and means a public health organisation established pursuant
to the provisions of the Health Services Act of 1997 including all
public hospitals, facilities and other establishments and health services under
the control and management thereof.
"Manager, Nurse/Midwife Education" - refer to
Schedule 1, Nurse/Midwife Managers.
"Nurse Educator/Midwife Educator Grade 1" means a
Registered Nurse/Midwife holding post registration nursing/midwifery clinical
or education qualifications relevant to the clinical area in which he/she is
appointed; and who is appointed to a position of Nurse Educator/Midwife Educator
Grade 1.
A Nurse Educator/Midwife Educator Grade 1 shall be
responsible for the development and delivery of nursing/midwifery education
courses/programs at the public hospital, or the community
based service level.
Nurse/Midwife education courses/programs shall mean
courses/programs such as:
• Post-registration
certificates;
• Continuing
nurse/midwife education;
• Transition
programs for newly registered nurses and midwives and newly enrolled nurses;
• Post-enrolment
enrolled nurses’ courses; and,
• General
staff development courses (where applicable).
Incremental progression to the 2nd year and thereafter rate
at this Grade shall be upon completion of 12 months satisfactory full-time
service.
"Nurse Educator/Midwife Educator Grade 2" means a
Registered Nurse/Midwife with post registration nursing/midwifery clinical or
education qualifications relevant to the clinical area in which he/she is
appointed, or qualifications deemed equivalent by the employer; and who is
appointed to a position of Nurse Educator/Midwife Educator Grade 2.
A Nurse Educator/Midwife Educator Grade 2 shall be
responsible for one of the following:
• A
nursing/midwifery education portfolio (including but not limited to a transition
program, enrolled nurse or registered nurse program) across a public hospital
or affiliated health organisation;
• A
nursing/midwifery education program for a clinical division or divisions across
a public hospital or affiliated health organisation; or
• A
nursing/midwifery education program for a community based
health service such as community health or mental health services.
Incremental progression to the 2nd year and thereafter rate
at this Grade shall be upon completion of 12 months satisfactory full-time
service.
"Nurse Educator/Midwife Educator Grade 3" means a
Registered Nurse/Midwife holding post registration nursing/midwifery clinical
or education qualifications relevant to the clinical area or areas in which
he/she is appointed, or qualifications deemed equivalent by the employer; and
who is appointed to a position of Nurse Educator/Midwife Educator Grade 3.
A Nurse Educator/Midwife Educator Grade 3 shall be
responsible for one of the following:
• A
comprehensive nursing/midwifery education program across a Local Health
District, a sector of a Local Health District or in a tertiary referral public
hospital or affiliated health organisation; or
• The nurse
education service of a public hospital or affiliated health organisation (excluding
a tertiary referral hospital), group of hospitals or health facility.
Incremental progression to the 2nd year and thereafter rate
at this Grade shall be upon completion of 12 months satisfactory full-time
service.
"Nursing hours wards and units" refers to wards
and units in Section II Nursing Hours Wards and Units of Clause 53 Staffing
Arrangements that utilise nursing hours per patient day to determine the number
of nursing hours required to provide direct clinical care.
"Nurse/Midwife Manager" means any employee who is
allocated to a nurse manager grade in accordance with Clause 40 of this award.
"Nurse/Midwife Practitioner" means a registered
nurse/midwife appointed as such to a position approved by the Secretary
Ministry of Health and who is endorsed by the Board, to practise as a
nurse/midwife practitioner.
"Nursing/Midwifery Unit Manager" means a
registered nurse in charge of a ward or unit or group of wards or units in a
public hospital or health service or public health organisation and shall
include:
"Nursing/Midwifery Unit Manager Level 1", whose
responsibilities include:
(a) CO-ORDINATION
OF PATIENT SERVICES -
• liaison
with all health care disciplines for the provision of services to meet patient needs;
• the
orchestration of services to meet patient needs after discharge;
• monitoring
catering and transport services.
(b) UNIT MANAGEMENT
-
• implementation
of hospital/health service policy:
• dissemination
of information to all personnel;
• ensuring
environmental safety;
• monitoring
the use and maintenance of equipment;
• monitoring
the supply and use of stock and supplies;
• monitoring
cleaning services.
(c) NURSING STAFF
MANAGEMENT -
• direction,
co-ordination and supervision of nursing activities;
• training,
appraisal and counselling of nursing staff;
• rostering
and/or allocation of nursing staff;
• development
and/or implementation of new nursing practice according to patient need.
"Nursing/Midwifery Unit Manager Level 2", whose
responsibilities in relation to patient services, ward or unit management and
staff management are in excess of those of a
Nursing/Midwifery Unit Manager Level 1.
"Nursing/Midwifery Unit Manager Level 3" whose
responsibilities in relation to patient services, ward or unit management and
staff management are in excess of those of a
Nursing/Midwifery Unit Manager Level 2.
"Public Health Organisation" means:
(a) a Local Health
District or:
(b) a statutory
health corporation; or,
(c) an affiliated
health organisation in respect of its recognised establishments and recognised services;
"Public Hospital" means:
(a) a hospital
controlled by a Local Health District, or
(b) a hospital
controlled by a statutory health corporation, or
(c) a hospital that
is a recognised establishment of an affiliated health organisation, or
(d) a hospital
controlled by the Crown (including the Minister or the Secretary, NSW Health).
"Registered Nurse" means a person registered by
the Board as a Registered Nurse and/or Registered Midwife.
"Senior Nurse/Midwife Educator" - refer to
Schedule 1, Nurse Managers.
"Service" for the purpose of clause 9, Salaries,
means service before or after the commencement of this award in New South Wales
or elsewhere as a registered nurse, provided that all service recognised prior
to the commencement of this award shall continue to be recognised.
To the foregoing shall be added any actual periods on and
from 1 January 1971 during which a nurse undertook a post basic course whilst
an employee of and rendering service in an institution or hospital and such
course is recognised by the Board or acceptable to the Ministry, or one of the
following certificate or diploma courses: -
Associate Diploma in Community
Health -
College of Nursing, Australia;
N.S.W. College of Nursing;
Associate Diploma in Nursing
Administration -
College of Nursing, Australia;
N.S.W. College of Nursing;
Associate Diploma in Nursing
Education -
College of Nursing, Australia;
N.S.W. College of Nursing;
Newcastle College of Advanced Education;
Certificate in Operating Theatre
Management -
N.S.W. College of Nursing;
Certificate in Operating Theatre
Technique -
College of Nursing, Australia;
Certificate in Coronary Care -
N.S.W. College of Nursing;
Certificate in Orthopaedic Nursing
-
N.S.W. College of Nursing;
Certificate in Ward Management -
N.S.W. College of Nursing;
Midwife Tutor Diploma -
College of Nursing, Australia, or
Central Midwives Board, London;
Occupational Health Nursing
Certificate -
N.S.W. College of Nursing;
provided that no more than three such courses shall count as
service.
A reference to the New South Wales College of Nursing in
this Award shall be deemed to be a reference also to the School of Nursing
Studies, Cumberland College of Health Sciences.
"Shift Worker" means a worker who is not a day
worker as defined.
"Tour of Duty" means the period between the time a
Flight Nurse commences any duties associated with his or her employment prior
to making a flight or series of flights and until he or she is finally relieved
of all duties after termination of flights or series of flights, whether
termination is at home base or otherwise away from home base.
"Weekly
rates" will be ascertained by dividing an annual amount by 52.17857 or a
weekly rate can be multiplied by 52.17857 to obtain the annual amount.
4. Hours of Work and Free Time of Employees
Other Than Directors of Nursing and Area Managers, Nurse Education
(i)
(a) The ordinary
hours of work for day workers, other than Directors of Nursing and Area
Managers, Nurse Education, exclusive of meal times, shall be 152 hours per 28
calendar days to be worked Monday to Friday inclusive and to commence on such
days at or after 6.00 am and before 10.00 am.
(b) Flight Nurses
shall not exceed 30 hours flying time in each period of seven days.
(ii)
(a) The ordinary
hours of work for shift workers, other than Directors of Nursing and Area
Managers, Nurse Education, exclusive of mealtimes, shall not exceed an average
of 38 hours per week in each roster cycle.
(b) Flight Nurses
shall not exceed 30 hours flying time in each period of seven days.
(iii)
(a) The hours of
work prescribed in subclauses (i) and (ii) of this
clause shall, where possible, be arranged in such a manner that in each roster
cycle of 28 calendar days each employee shall not work his/her ordinary hours
of work on more than nineteen days in the cycle. Provided that employees who
work 8 hour shifts are entitled to 12 additional days off duty per annum (per
NSW Health Policy Directive PD2019_010 Leave Matters for the NSW Health
Service); employees working 10 hour shifts are entitled to one additional day
off duty each five weeks; and employees working other combinations of shifts
are entitled to such number of additional days off duty per annum as will
ensure that their ordinary hours of work do not exceed an average of 38 hours
per week.
(b) Notwithstanding
the provisions of paragraph (a) of this subclause, employees may, with the
agreement of the employer work shifts of less than 8 hours each over 20 days in
each cycle of 28 days.
(iv)
(a) Each shift
shall consist of no more than 10 hours on a day shift or 11 hours on a night
shift with not less than 10 hours break between each rostered shift, unless
agreed otherwise between an employee and local nursing management. An employee
shall not work more than 7 consecutive shifts unless the employee so requests and local nursing management agrees but in no case
shall an employee be permitted to work more than 10 consecutive shifts. In any
fortnightly pay period an employee shall not be
rostered for more than three quick shifts, i.e. an evening shift followed by a
morning shift, unless agreed otherwise between an employee and local nursing
management.
(b) Where 10 hour night shifts are in operation in any health
facility, at the commencement date of this award or subsequent thereto, the
length of these shifts must not be altered without the consent of the Head
Office of the Association.
(v)
(a) The employee's
additional day off duty prescribed in subclause (iii) of this clause (as a
consequence of the implementation of the 38 hour week) shall be determined by
mutual agreement between the employee and the employer having regard to the
service requirements of the latter.
Where practicable such additional day off duty shall be consecutive with
the rostered days off duty prescribed in subclause (xvi) of this clause.
(vi) Once set, the
additional day off duty may not be changed in a current cycle unless there are
genuine unforeseen circumstances prevailing.
Where such circumstances exist and the additional day off duty is
changed, another day shall be substituted in the current cycle. Should this not
be practicable the day must be given and taken in the next cycle immediately
following.
(vii)
(a) Where an
employee and her/his local nursing management agree, an employee’s additional
days off duty (ADOs) may be accumulated up to a total of three. This limit on
accumulation means that any employee who has already accumulated three ADOs
must take the next ADO accruing to her/him when it falls due in accordance with
the roster.
(b) Employers must
not unreasonably refuse to agree with an employee’s request to accumulate ADOs
or to take them off subsequent to such accumulation.
(c) Any ADOs
accumulated but not taken as at the date of termination of the employee must be
paid out at ordinary rates.
(viii) Except for
breaks for meals the hours of duty each day shall be continuous.
(ix) Each employee
who works in excess of five hours must have a break of
not less than thirty minutes and not more than sixty minutes for each meal
occurring on duty as follows:
Breakfast
|
between 6am and 9am
|
Midday Meal
|
between 12 noon and 2pm
|
Evening Meal
|
between 5pm and 7pm
|
Night Meal
|
between 10pm and 2am.
|
Employees must not be required to work
during meal breaks as a matter of routine practice unless mutually agreed at
the local level. Provided that any time worked during such break shall count as
working time and unless the employee is permitted to finish duty early on the
same shift then overtime becomes payable once the total ordinary work time of
the shift has elapsed. Provided further that where practicable an employee
engaged to work for five hours or less in any one shift may elect not to take a
meal break as otherwise provided for in this subclause without penalty to the
employer. The term "where practicable" encompasses regard being paid
to the service requirements of the employer.
(x)
(a) One twenty minute interval (in addition to the meal break) shall
be allowed each employee on duty for a tea break during each shift. Such
interval shall count as working time. Part time and Casual employees who are
engaged for less than a whole shift on any one day shall only be entitled to
one tea break of 10 minutes.
(b) Where it is not
possible due to the nature of the work performed to have one twenty minute
break, the employee may take one ten minute break and be permitted to proceed
off duty ten minutes prior to the rostered finishing time of that shift.
(c) Paragraph (b)
of subclause (x) will only be exercised in special and exceptional
circumstances and with the expressed approval of the employer in consultation
with the employee.
(d) In lieu of the
meal breaks in subclause (ix) and tea breaks in this subclause, the following
crib break provisions shall apply to HealthShare
Patient Transport Services (PTS) employees only;
i. HealthShare PTS employees working shifts of less than 12
hours duration shall have one paid 30 minute crib
break to be taken between the fourth and seventh hour unless otherwise agreed
between the parties.
ii. HealthShare PTS employees working a roster of 12 hour shifts will be entitled to two paid 30 minute crib
breaks to be taken between the fourth and seventh hour and the eighth and
eleventh hour unless otherwise agreed between the parties.
iii. HealthShare PTS employees who, due to operational
requirements, are unable to take their paid crib break within the prescribed
times, or whose crib break is not completed, shall receive an additional
payment of one hour at ordinary time rates.
(xi) Subclauses (ix) and (x) of
this clause, shall not apply to an employee who is allowed two intervals of
twenty minutes each during the period of night duty but such intervals shall
count as working time and shall be paid for as such.
(xii) Changing time totalling ten
minutes per shift to count as working time is to be allowed to nurses not permitted to travel in their work clothes.
(xiii) In addition to any other rest
period and meal break, employees who are lactating shall be entitled to two
paid breaks of 30 minutes per shift for the purpose of expressing their milk or
breast feeding their child, and the employer shall provide access to suitable
facilities for such purpose.
(xiv)
(a) Except in cases of emergency,
an employee shall not be employed on night duty for a longer period than four
consecutive weeks, unless agreed otherwise between an employee and local
nursing management.
(b) Except in cases of emergency,
after having served a period of night duty, an employee shall serve an
equivalent period of time off night duty before again
undertaking a period of night duty unless agreed otherwise between an employee
and local nursing management.
(c) Except in cases of emergency,
an employee shall not be required to perform night duty against their wishes
during a period of one week prior to any formal end-of-semester examination in
any course of study which has been accepted by her/his employer as meeting the
requirements for the grant of study time.
(d) This subclause shall not apply
to an Assistant Director of Nursing, a Nursing/Midwifery Unit Manager or to a
registered nurse/midwife in charge as the case may be, who
is employed permanently in charge at night.
(xv) Except in cases of emergency,
an employee changing from night duty to day duty or from day duty to night duty
shall be free from duty during the 20 hours immediately preceding the
commencement of the changed duty.
(xvi)
(a) Each employee shall be free
from duty for not less than two full days in each week or four full days in
each fortnight and no duties shall be performed by the employee on any of such
free days except for overtime. Where practicable, days off shall be consecutive
and shall not be preceded by any evening shift or a night shift unless the
employee is rostered on the same shift, ie. evening
shift or night shift, as the case may be, immediately upon his or her return to
duty after days off, except by agreement between the employee and the local
nursing management. An evening shift
shall be one which commences at or after 1pm and before 4pm.
(b) An employee at his or her request,
may be given time free from duty in one or more periods but no period shall be
less than one full day.
(c) For the purpose of this
subclause "full day" means from midnight to midnight or midday to
midday.
(xvii)
(a) Employees may be required to
remain on call. Any such time on call shall not be counted as time worked
(except in so far as an employee may take up actual duty in response to a call)
but shall be paid for in accordance with clause 12, Special Allowances.
Provided, however, no employee shall be required to remain on call whilst on
leave or the day before entering upon leave.
(b) Except as hereafter provided,
no employee shall be required to remain on call whilst on a rostered day off or
from the completion of the employees' shift on the day preceding a rostered day
off.
(c) Paragraph (b) shall not apply
where in extreme circumstances (which shall be agreed between the employer and
the Head Office of the Association) it is necessary for a public hospital or
public health organisation in order to ensure the provision of services, to
place staff on call on rostered days off.
(xviii) An employer shall not alter the
period over which the ordinary hours of work of employees are balanced except
upon giving one month's notice of his intention so to do to the Industrial
Registrar and to the Association.
4A. Multiple Assignments
(i) Multiple
assignments exist when an employee has more than one position under this Award
within the New South Wales Health Service.
Each of these positions are referred to in this clause as
"assignments".
(ii) Where an employee has
multiple assignments with different ordinary rates of pay, the employee shall
be paid in relation to the ordinary hours worked in each separate assignment at
the ordinary rate of pay applicable to that assignment.
(iii) Where an employee has
multiple assignments in the same classification, the employee will progress
from one increment (year step) to the next increment after the employee has
completed the full time equivalent of one year in the increment having regard
to the work performed in all assignments.
Further, an employee must complete a minimum of one calendar year in an
increment before progressing to the next increment. Where an employee has multiple assignments in
different classifications, the employee’s service in the higher classification
will count for the purposes of incremental progression in the lower
classification. However, service in the
lower classification shall not count for the purposes of incremental progression
in the higher classification.
(iv) With the exception of
subclause (iii) above, this clause does not apply to employees who have
multiple casual assignments only. The
Award provisions are to apply separately to each casual assignment.
Multiple Assignments Within a Single
Public Health Organisation
(v) The following provisions
apply to employees with two or more assignments within a single Public Health
Organisation:
(a) The work performed in each of
an employee’s assignments shall be aggregated for the purposes of determining all of the employee’s entitlements under this Award.
Hours,
Additional Days Off and Overtime
(b) The combined total number of
ordinary hours worked under an employee’s multiple assignments shall not exceed
the hours of work as set out in Clause 4, Hours of Work and Free Time of
Employees Other than Directors of Nursing and Area Managers, Nurse
Education.
(c) Where the combined total
number of ordinary hours worked under an employee’s multiple assignments is
equivalent to those set out in paragraph (i)(a) of
clause 4, Hours of Work and Free Time of Employees Other than Directors of
Nursing and Area Managers, Nurse Education, for day workers or paragraph
(ii)(a) of clause 4, Hours of Work and Free Time of Employees Other than
Directors of Nursing and Area Managers, Nurse Education, for shift workers they
will be considered as a full time employee for the purposes of the Award and:
1. that employee
is entitled to additional days off in accordance with subclause (iii) of clause
4, Hours of Work and Free Time of Employees Other than Directors of Nursing and
Area Managers, Nurse Education, and
2. paragraph
(ii)(a) of clause 25, Overtime, shall apply for the purposes of overtime.
(d) Where the combined total
number of ordinary hours worked under an employee’s multiple assignments is
less than those set out in subclause (c) of this subclause:
1. paragraph (ii)(b) of clause
25, Overtime, shall apply for the purposes of overtime, and
2. all ordinary hours and
additional hours paid at ordinary rates in each assignment shall be aggregated
for the purposes of paragraph (ii)(b) of clause 25, Overtime, and treated as if
it were worked under a single assignment.
(e) Where an employee is employed
in an assignment as a Nurse/Midwife Manager classified at Grade 4 or above and
paragraphs (xi)(a) - (c) of clause 25, Overtime, do not apply;
1. subparagraphs (c)(2) and
(d)(1) of this subclause shall not apply to time worked in that assignment
provided that,
2. ordinary hours worked in that
assignment shall be counted for the purposes of determining whether the
employee has worked beyond 38 hours in any week.
(f) The rostering of additional days
off will be co-ordinated between the employee’s line managers to ensure that
the additional days off are proportionately rostered across the employee’s
assignments. Where an employee has
multiple assignments with different ordinary rates of pay, the additional day
off will be paid at the rate of pay relevant to the assignment in which it is
rostered.
(g) Where an employee has multiple
assignments with different ordinary rates of pay, the rate of pay used to
determine the additional hours or overtime payable shall be the rate applicable
to the assignment which generated the additional hours or overtime.
(h) Where overtime is compensated
by way of time off in lieu as set out in subclause (iv) of clause 25, Overtime,
that time off in lieu must be taken in the assignment which generated the
overtime.
(i) Employees
who are in full time or part time assignments cannot be engaged on a second or
further assignment as a casual employee under the Award. Any additional hours worked by such employees
are to be remunerated in accordance with paragraphs (c) or (d) of this
subclause.
Temporary
Employees
(j) Where an employee has an
assignment to which Part III - Temporary Employees of clause 29, Part-Time,
Casual and Temporary Employees, applies, the allowance referred to at subclause
(ii) of Part III - Temporary Employees of clause 29, Part-Time, Casual and
Temporary Employees, shall only apply to hours worked in that assignment. While ever the allowance is paid, the provisions
of paragraphs (m) and (n) of this subclause shall not apply to the temporary
assignment provided that subclause (iii) of Part III - Temporary Employees, of
clause 29, Part-Time, Casual and Temporary Employees, applies to a temporary
assignment in relation to annual leave.
Employees
engaged as part-time employees as at 30 June 1986
(k) Where an employee:
1. has elected to receive the
benefits set out in subclauses (ii)-(iv) of Part IV - Savings Provisions of
clause 29, Part-time, Casual and Temporary Employees, in relation to an assignment,
and
2. after the date this clause
was inserted into the Award the employee commences in a second or further
permanent part time assignment and their combined total number of ordinary
hours worked in all assignments is less than those set out in subclause (c) of
this subclause;
subclauses (i)-(iv)
of Part IV - Savings Provisions of clause 29, Part-time, Casual and Temporary
Employees, shall cease to apply and the employee will be a permanent part time
employee for the purposes of the Award.
(l) Where an employee:
1. has elected to receive the
benefits set out in subclauses (ii)-(iv) of Part IV - Savings Provisions of
clause 29, Part-time, Casual and Temporary Employees, in relation to an
assignment, and
2. his/her combined total number
of ordinary hours worked in all assignments is equal to or more than those set
out in paragraph (c) of this subclause,
subclauses (i)-(iv)
of Part IV - Savings Provisions of clause 29, Part-time, Casual and Temporary
Employees, shall not apply to any of their assignments.
Leave
(m) All ordinary hours worked by an
employee in multiple assignments shall count towards determining the employee’s
leave entitlements.
(n) Employees with multiple
assignments shall be entitled to take all forms of leave in any of their
assignments. That is, leave accrued by
an employee through work performed in one assignment, can be taken by that
employee in their other assignment/s.
Service in all assignments will be recognised for the purposes of
paragraph (i)(a) of clause 37, Sick Leave.
(o) Where an employee has multiple
assignments with different ordinary rates of pay, the employee shall be paid
for leave taken at the rate of pay relevant to the assignment in which the
leave was taken or rostered.
(p) Where an employee’s combined
total number of ordinary hours worked in their multiple assignments is
equivalent to those set out in subclause (c) of this subclause, and that
employee is required to work their ordinary hours on a seven day basis, they
shall be entitled to six weeks annual leave in accordance with paragraph (i)(a) of clause 30, Annual Leave.
(q) Service in all assignments
will be recognised for the purposes of entitlements under clause 34, Maternity,
Adoption and Parental Leave.
(r) Where an employee’s assignment
is terminated but the employee remains employed under another full time or part
time assignment, that employee shall not be paid out the monetary value of the
annual leave or long service leave accrued in the terminated assignment.
Disclosures,
Notifications and Approvals
(s) Employees must, at the time
they apply for any second or further assignment, disclose in writing that they
are already employed by NSW Health and provide details of that assignment
including:
1. the position/s currently held
2. the facility in which the
existing position/s are worked
3. the classification/s under
which they are engaged in each position
4. the number of ordinary hours
worked in each position
5. any regular additional hours
or overtime that is worked in each position
6. whether the position/s is
worked according to a set roster and if so, the details of that roster
arrangement; and
(t) Prior to accepting an offer
for a second or further assignment, employees must provide to their current
manager details of that proposed assignment including:
1. the position they have
applied for
2. the facility in which the
proposed new assignment is to be worked
3. the classification under
which they would be engaged in the new assignment
4. the number of ordinary hours
to be worked in the proposed assignment
5. whether the position is to be
worked according to a set roster and if so, the details of that roster
arrangement.
(u) A Public Health Organisation
may elect on reasonable grounds to withhold the approval of a second or further
assignment to employees who are already employed in another assignment.
(v) Before accepting any change in
roster or undertaking additional hours or overtime that will impact on another
assignment, employees who hold multiple assignments must notify their current
manager of the details of their next shift in either assignment. Managers must not change rosters or require
employees to work additional hours or overtime where these will impact on the
employee’s roster in the other assignment (for example by generating overtime)
without first consulting the manager of the other assignment/s. (By way of
example, if an employee is requested by Manager 1 in Assignment 1 to undertake
additional hours in Assignment 1 that may impact on the roster in Assignment 2,
the employee must notify Manager 1 of the impact. Manager 1 must not change rosters/hours that
impact on Assignment 2 without first consulting Manager 2.)
Multiple Assignments Across
Different Public Health Organisations
(vi) Assignments in different
Public Health Organisations will be regarded as entirely separate for all
purposes under the Award, including the accrual and taking of leave. The only
exceptions are the provisions of subclause (iii) of this clause (regarding
incremental progression) and:
(a) At the time an employee
commences an assignment in another Public Health Organisation the employee’s
accrued leave will be apportioned across their assignments (for example, a 0.6
full time equivalent Registered Nurse who commences another 0.4 full time
equivalent assignment in another Public Health Organisation will have 60% of
their leave accruals allocated to the former assignment and 40% to the latter
assignment) unless prior to commencing the new assignment the employee elects
that this apportioning does not occur.
After this apportioning, leave accrues separately in each assignment,
based on the hours worked in each assignment.
The employer will notify the employee of their right to make this
election prior to the apportioning taking place.
(b) Employees who have multiple
assignments across different Public Health Organisations at the time this
clause was inserted into this award may elect to apportion their accrued leave
across their assignments.
(c) Service in all assignments
will be aggregated for the purposes of calculating long service leave and
family and community service leave entitlements.
(d) Service in all assignments
will be recognised for the purposes of entitlements under clause 34, Maternity,
Adoption and Parental Leave.
(e) Where an employee terminates
an assignment, any leave credits that are held against that assignment will be
transferred to the remaining assignment/s.
(f) If prior to the introduction
of this clause and/or the Staff Link payroll system an employee received
additional days off and/or overtime in accordance with subclause (ii) of clause
25, Overtime, that employee shall continue to receive those benefits until one
of the assignments is terminated.
(g) Where an employee has three or
more assignments, one or more of which are in different Public Health
Organisations, subclause (v) of this clause shall apply to those assignments
which are within a single Public Health Organisation.
Changes to the composition of Public
Health Organisations
(vii) The employer and the
Association agree to review this clause in the event that
the boundaries of any Public Health Organisation change.
(viii) Where any change to the
boundaries of any Public Health Organisation causes an employee’s multiple
assignments to which subclause (v) of this clause previously applied to then be
subject to subclause (vi) of this clause, subclause (v) of this clause shall
continue to apply (to the exclusion of subclause (vi) of this clause) to those
assignments until one of them is terminated.
5. Pilot Roster Projects
(i) Notwithstanding
any other provision of this award, Pilot Roster Projects for the purposes of
trialling flexible roster practices may be implemented on the following basis:
(a) The terms of the Pilot Roster
Project shall be agreed in writing between the employer and the Association on
behalf of the nurses participating in the project. Provided that the
Association shall not unreasonably refuse to agree to, or unreasonably delay in
responding to, a Pilot Roster Project proposed by an employer. Provided further that where a Pilot Roster
Project is proposed by the Association or nurses and the employer does not
agree to introduce a Pilot Roster Project in the terms proposed, the employer
shall provide its reasons in writing to the Association or the nurses
concerned.
(b) The terms shall include
(1) the duration of the project;
and
(2) the conditions of the
project; and
(3) the award provisions required
to be overridden in order to implement the project;
and
(4) review mechanisms to assess
the effectiveness of the project.
(c) Whilst the Pilot Roster
Project is being conducted according to its terms, the employer shall not be
deemed to be in breach of the award by reason alone of implementing the
project.
(d) Any purported Pilot Roster
Project which does not comply with this clause is not a Pilot Roster Project
for the purposes of this clause and in particular no employer shall be able to
claim the benefit of paragraph (c) when implementing such project.
(ii) The Association agrees to
participate in a review of the operation of this clause, if requested by the
Ministry.
(iii) Pilot 12
hour shift systems in place as at 1 July 2008 shall continue to operate
in accordance with the provisions of the relevant pilot agreement.
(iv) From 1 July 2008, new 12 hour shift systems may be implemented in a ward, unit or
operational area according to the provisions of subclause (v) without the
requirement for a pilot. The Association
shall be advised in writing by the employer of the intention to introduce such
new systems no later than four weeks prior to the proposed date of
commencement, to enable consultation with all potentially affected employees.
(v) The following provisions
shall apply to new 12 hour shift systems commencing on
or after 1 July 2008:
(a) Participation in a 12 hour shift system shall be voluntary. Alternative shift provisions must remain
available for staff who do not agree to participate in a 12
hour shift system.
(b) The ordinary hours of work for
each full time employee shall be 228 hours balanced
over a six week period. The hours shall be worked as 19 x 12
hour shifts. The ordinary guaranteed hours of work for each part time
employee shall be balanced over a six week period. The
hours shall be worked as either 12, 10 or eight hour shifts as agreed between
the employee and the employer; or
The ordinary hours of work for
each full time employee shall be 152 hours balanced
over a four week period. The hours shall
be worked as 12 x 12 hour shifts and one x eight hour
shift. The ordinary guaranteed hours of
work for each part time employee shall be balanced over a four
week period. The hours shall be
worked as either 12, 10 or eight hour shifts as agreed between
the employee and the employer.
(c) Payment for full time
employees shall be for 76 hours per pay period at the appropriate hourly rate
for each employee. Payment for part time employees shall be the actual number
of hours worked per pay period.
(d) The day shift may have a span
of up to 12.5 hours and shall include one half hour unpaid meal break and two x
20 minute paid tea breaks.
(e) The night shift may have a
span of up to 12.5 hours and shall include one thirty minute
unpaid meal break and a further one hour paid break or two x 30 minute paid
breaks.
(f) The maximum number of
consecutive shifts shall be three.
Except that an employee may be rostered for four consecutive shifts once
in each six week cycle at the request of the employee.
(g) Employees shall not be
rostered on single days off unless it is at the request of the employee.
(h) The minimum break between
shifts shall be 11.5 hours.
(i) Rosters
should reflect an equitable distribution of day, night and weekend shifts among
employees participating in the 12 hour shift
system. No more than 50% of shifts in
the roster cycle should be night shift unless otherwise agreed between the
employee and the unit manager.
(j) No overtime shall be worked
in conjunction with a 12 hour shift.
(k) Any 12 hour
shift being replaced by either casual or agency staff will cover the full span
of the shift.
(l) An individual employee shall
have the right to withdraw from the 12 hour shift
system. An employee wishing to withdraw from the 12 hour
shift system shall provide a period of notice equivalent to the roster
period. In the case of demonstrated
pressing necessity, a minimum of two weeks' notice shall be required, or such
lesser period of time as may be agreed to by the
public health organisation.
(m) Where a 12
hour shift system is in place management shall be entitled to consider
whether continuation of the system in that ward, unit or operational area
remains appropriate. Where management
determines after consultation with affected employees to cease a 12 hour shift system, three months’ notice of the intended
cessation shall be given to employees.
6. Introduction of Change
(a) Where an employer has made a
definite decision to introduce changes in organisation, structure, health
service delivery, or technology that are likely to have significant effects on
employees covered by this Award, the employer shall notify the Association and
employees who may be affected by the proposed changes. Discussions shall commence as soon as practicable
after such decision has been taken.
(b) "Significant
effects" includes:
i. termination
of employment;
ii. major changes in the
composition, operation or size of the employer’s workforce or in the skills required;
iii. changes in employment and/or
promotional opportunities or job tenure for a class or group of employees;
iv. the alteration of hours of
work for a class or group of employees; or
v. the need for training or
transfer of a class or group of employees to other work or location, and the
restructuring of jobs.
(c) The employer shall discuss
with the employees affected and the Association, inter alia, the introduction
of the changes referred to in subclause (a) above, the effects the changes are
likely to have on employees and any measures proposed by the employer 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 Association
in relation to the changes.
(d) For the purpose of such
discussion, the employer shall provide to the employees concerned and the
Association all relevant information about the changes including the nature of
the changes proposed and the expected significant effects of the changes on
employees. Provided that the employer shall not be required to disclose
confidential information, the disclosure of which would adversely affect the
employer, Ministry or Director-General of Health; or is an exempt matter under
the Government Information (Public
Access) Act 2009 (the GIPA Act).
(e) The provision of communication
during maternity, adoption or parental leave is in accordance with Part E
Communication During Leave, of Clause 34 Maternity, Adoption and Parental
Leave.
(f) With respect to occupational
health safety matters as referred to in the Work
Health and Safety Act 2011, the provisions of that Act apply, and
specifically the provisions under Section 47, "Duty to consult
workers", as varied from time to time.
7. Hours of Work and Free Time of Directors of
Nursing and Area Managers, Nurse Education
(i) A
Director of Nursing or Area Manager, Nurse Education shall be free from duty
for not less than 9 days in each twenty-eight consecutive days and such days
free from duty may be taken in one or more periods.
(ii) If any of the days mentioned
in subclause (i) of this clause cannot be taken by
reason of emergency, such day or days shall be given and taken within 28 days
of becoming due.
(ii) A Director of Nursing or Area
Manager, Nurse Education shall, where practicable, inform his or her employer
giving not less than 7 days' notice of the days he or she proposes to be free
from duty; provided that such days shall be subject to the approval of the
employer, and such approval shall not be unreasonably withheld.
8. Rosters
(i) The
ordinary hours of work for each employee, other than the Director of Nursing,
shall be displayed on a roster in a place conveniently accessible to employees.
(ii) The roster shall be displayed
at least four weeks prior to the commencing date of the first working period in
the roster.
(iii) Notwithstanding the foregoing
provisions of this clause, a roster may be altered at any time to enable the
nursing service of the public hospital or public health organisation to be
carried on where another employee is absent from duty on account of illness or
in an emergency: Provided that where any such alteration involves an employee
working on a day which would otherwise have been such employee's day off, the
day off in lieu thereof shall be as mutually arranged.
(iv) Prior to the date of the
changed shift, such change of roster shall be notified verbally or in writing
to the employee concerned.
(v) Where an employee is entitled
to an additional day off duty in accordance with clause 4, Hours of Work and
Free Time of Employees other than Directors of Nursing, such day is to be shown
on the roster of hours for that employee.
(vi) All rosters shall be retained
for at least six years.
9. Salaries
(i) The
minimum salaries per week to be paid to employees shall be as set out in Table
1 of Part B.
(ii) An Enrolled Nurse without
medication qualification or Enrolled Nurse without medication qualification -
Special Grade who has the notation "does not hold a Board approved
qualification in medicines administration" removed from their registration
will be classified and paid as an Enrolled Nurse or Enrolled Nurse Special
Grade respectively from the commencement of the first full pay period following
the removal of such notation.
Provided that an Enrolled Nurse
1st year shall not progress to Enrolled Nurse 2nd year until completion of
twelve months’ service at the 1st year rate (or for part time employees the
full time equivalent of 1,982 hours), and to the 3rd year rate until completion
of twelve months’ service at the 2nd year rate (or for part time employees the
full time equivalent of 1,982 hours), and so on throughout the scale.
(ii) Provided that a Nurse/Midwife
Practitioner shall not progress or be appointed to Nurse/Midwife Practitioner
Year 3 until completion of twelve months service at the Year 2 rate and to the
Thereafter rate until completion of twelve months service at the Year 3
rate. Accordingly, a Nurse/Midwife
Practitioner cannot be appointed directly to Nurse/Midwife Practitioner Year 3
and Thereafter.
10. Salary Sacrifice to Superannuation
(i) Notwithstanding
the salaries prescribed in clause 9, Salaries, as varied from time to time, an
employee may elect, subject to the agreement of the employee’s employer, to
sacrifice a part or all of the salary payable under the salaries clause to
additional employer superannuation contributions. Such election must be made prior to the commencement
of the period of service to which the earnings relate. The amount sacrificed
together with any salary packaging arrangements under clause 51, Salary
Packaging, of this award may be made up to one hundred (100) per cent of the
salary payable under the salaries clause, or up to one hundred per cent of the
currently applicable superable salary, whichever is the lesser.
In this clause "superannuable
salary" means the employee’s salary as notified from time to time to the
New South Wales public sector superannuation trustee corporations.
(ii) Any pre-tax and post-tax
payroll deductions must be taken into account prior to
determining the amount of available salary to be packaged. Such payroll
deductions may include but are not limited to superannuation payments, HECS
payments, child support payments, judgment debtors/garnishee orders, union fees
and private health fund membership fees.
(iii) Where the employee has
elected to sacrifice a part or all of the available
payable salary to additional employer superannuation contributions:
(a) The employee shall be
provided with a copy of the signed agreement. The salary sacrifice agreement
shall be terminated at any time at the employee’s election and shall cease upon
termination of the employee’s services with the employer.
(b) Subject to Australian Taxation
Law, the amount of salary sacrificed will reduce the salary subject to
appropriate PAYE taxation deductions by the amount sacrificed; and
(c) Any allowance, penalty rate,
overtime, payment for unused leave entitlements, weekly worker’s compensation,
or other payment, other than any payment for leave taken in service, to which
an employee is entitled under this award or any applicable award, act or
statute which is expressed to be determined by reference to an employee’s salary,
shall be calculated by reference to the salary which would have applied to the
employee under the salaries clause in the absence of any salary sacrifice to
superannuation made under this award.
(iv) The employee may elect to have
the specified amount of payable salary which is sacrificed to additional
employer superannuation contributions:
(a) paid into the superannuation
scheme established under the First State Superannuation Act 1992 as
optional employer contributions; or
(b) subject to the employer's
agreement, paid into private sector complying superannuation scheme as employer
superannuation contributions.
(v) Where an employee elects to
salary sacrifice in terms of subclause (iv) above, the employer will pay the
sacrificed amount into the relevant superannuation fund.
(vi) Where the employee is a member
of a superannuation scheme established under:
(a) the Police Regulation (Superannuation) Act 1906;
(b) the Superannuation Act 1916;
(c) the State Authorities Superannuation Act 1987;
(d) the State Authorities Non-contributory Superannuation Act 1987; or
(e) the First State Superannuation Act 1992
The employee’s employer must
ensure that the amount of any additional employer superannuation contributions
specified in subclause (i) above is included in the
employee’s superannuable salary which is notified to the New South Wales public
sector superannuation trustee corporations.
(vii) Where, prior to electing to sacrifice
a part or all of their salary to superannuation, an employee had entered into
an agreement with their employer to have superannuation contributions made to a
superannuation fund other than a fund established under legislation listed in
subclause (vi) above, the employer will continue to base contributions to that
fund on the salary payable under clause 9, Salaries, of the award to the same
extent as applied before the employee sacrificed that amount of salary to
superannuation. This clause applies even though the superannuation
contributions made by the Employer may be in excess of
the superannuation guarantee requirements after the salary sacrifice is
implemented.
11. Leave for Matters Arising from Family
Violence
(i) In
this clause family violence means domestic violence as defined in the Crimes (Domestic and Personal Violence) Act
2007.
(ii) The leave entitlements
provided for in clause 37, Sick Leave and clause 32, Family and Community
Services Leave of this Award may be used by staff members experiencing family
violence.
(iii) Where the leave entitlements
referred to in subclause (ii) above are exhausted, the employer shall grant up
to five days special leave on full pay per calendar year to be used for
absences from the workplace to attend to matters arising from family violence
situations.
(iv) The employer will need to be
satisfied, on reasonable grounds, that family violence has occurred and may
require proof presented in the form of an agreed document issued by the Police
Force, a court, a doctor, a Family Violence Support Service or lawyer.
(v) Personal information
concerning family violence will be kept confidential by the employer.
(vi) The employer, where
appropriate, may facilitate flexible working arrangements subject to operational
requirements, including changes to working times and changes to work location,
telephone number and email address.
12. Special Allowances
(i)
(a) A registered nurse in charge
of a public hospital of not more than 100 beds during the day, evening or night
in the absence of a senior nurse shall be paid, in addition to his or her
appropriate salary, whilst so in charge, the sum as set out in Item 1, of Table
2 of Part B per shift.
(b) This subclause shall not apply
to registered nurses holding positions of a higher grade than that of clinical
nurse specialist.
(ii)
(a) An employee required by his or
her employer to be on call otherwise than as provided in (b) and (c) hereof
shall be paid the sum as set out in Item 2 of Table 2 of Part B for each hour
or part thereof with a minimum payment of eight hours at that rate.
(b) An employee required to be on
call on rostered days off in accordance with paragraph (c) of subclause (xvii)
of clause 4, Hours of Work and Free Time of Employees Other Than Directors of
Nursing, shall be paid the sum as set out in Item 3, of Table 2 of Part B for
each hour or part thereof with a minimum payment of eight hours at that rate.
(c) An employee who is directed
to remain on call during a meal break shall be paid an allowance as set out in
Item 4, of Table 2 of Part B.
(d) Where an employee on call
leaves the public hospital and is recalled to duty, he or she shall be
reimbursed all reasonable fares and expenses actually incurred provided that
where an employee uses a motor car in these circumstances, the allowance
payable shall be the rate prescribed from time to time by the Ministry for a
"casual" user. The provisions of this paragraph shall apply to all
employees.
(e) This subclause shall not
apply to Nurse Managers classified at Grade 4 or above provided that the
allowances prescribed in subclauses (a) and (b) of this subclause shall be paid
to Nurse Managers classified at Grade 4, Grade 5 and Grade 6 when required to
remain on call for the purpose of the performance of clinical duties.
(iii)
(a) Where a Director of Nursing
is required by the public hospital to perform radiographic duties he/she shall
be paid in addition to his/her appropriate salary an allowance as set out in
Item 5, of Table 2 of Part B per week.
(b) The allowance prescribed by
paragraph (a) of this subclause shall apply to an employee who relieves the
Director of Nursing for a period of one week or more.
(c) An employee who is performing
radiographic duties in the absence of the Director of Nursing for a period of
less than one week shall be paid in addition to his or her appropriate salary a
daily allowance as set out in Item 6, of Table 2 of Part B, provided that the
maximum allowance per week payable in accordance with this paragraph shall not
exceed the amount set in the said Item 6.
(d) The allowance prescribed by
this subclause shall be regarded as part of the salary for the purpose of this
award.
(iv) An employee required to wear a
lead apron shall be paid an allowance as set out in Item 7, of Table 2 of Part
B for each hour or part thereof that he/she is required to wear the said apron.
No employee shall be required to wear a lead apron for more than one hour
without being allowed a paid break of 10 minutes.
(v) A registered nurse who is
designated to be in charge of a ward or unit during day, evening or night
shifts, when the Nursing/Midwifery Unit Manager is not rostered for duty, shall
be paid an allowance as set out in Item 8, of Table 2 of Part B per shift. Provided that the allowance shall also be
paid when the Nursing/Midwifery Unit Manager is rostered on duty if the day to
day clinical management role for the shift is delegated to a designated
registered nurse/midwife. Provided
further that the allowance shall also be paid in the absence of a Nurse/Midwife
Manager in facilities where the Nurse/Midwife Manager undertakes the functions
usually carried out by a Nursing/Midwifery Unit Manager.
(vi) A registered nurse/midwife who
is designated to be in-charge of a ward or unit when the Nursing/Midwifery Unit
Manager is not rostered for duty and who is also designated to be in-charge of
a public hospital of less than 100 beds during the day, evening or night on the
same shift shall be paid an allowance as set out in Item 9, of Table 2 of Part
B per shift. Provided that this
allowance shall also be paid in facilities where the Nurse/Midwife Manager
undertakes the functions usually carried out by a Nursing/Midwifery Unit
Manager.
(vii)
(a) An employee who makes their
services available and participates in an approved roster to provide emergency
telephone counselling outside their normal rostered ordinary hours shall
receive the payments prescribed in paragraphs (b), (c) and (d) of this
subclause.
(b) An employee rostered to be on
call shall be paid the sum as set in Item 2 of Table 2 of Part B for each hour
or part thereof with a minimum payment of eight hours at that rate. Provided that an employee rostered on call on
rostered days off shall be paid the sum as set in Item 3, of Table 2 of Part B
for each hour or part thereof with a minimum payment of eight hours at that
rate.
(c) If during such an on call
period prescribed in paragraph (b) of this subclause an employee is required to
provide telephone counselling to a client, such employee shall be entitled to
the following payment in addition to the payment in the said paragraph (b):
1. An employee on call for
telephone counselling for up to 8 hours and is required to provide telephone
counselling, such employee is to be paid one hour at ordinary rates (excluding
penalties). If an employee receives more
than one call to provide telephone counselling, no additional payment is to be
made.
2. An employee on call for
telephone counselling for 8-16 hours and is required to provide telephone
counselling, such employee is to be paid two hours at ordinary rates (excluding
penalties). If an employee receives more than one call to provide telephone
counselling, no additional payment is to be made.
3. An employee on call for
telephone counselling for 16-24 hours and is required to provide telephone
counselling, such employee is to be paid three hours at ordinary rates
(excluding penalties). If an employee
receives more than one call to provide telephone counselling, no additional
payment is to be made.
(d) An employee called out during
the period of on call shall be entitled to the prescriptions of clause 25,
Overtime.
(viii) An Enrolled Nurse or an
Enrolled Nurse without medication qualification employed in the central sterile
supply department of a public hospital, in possession of a Sterilising
Technology Certificate issued by the Sterilising Research and Advisory Council
of Australia shall be paid an allowance as set out in Item 18 of Table 2 of
Part B.
(ix) A registered nurse who is
designated in-charge of a public hospital or facility of greater than 100 beds
during an evening or night shift Monday to Friday or any Saturday or Sunday
shift shall be paid an allowance per shift as set out in Item 9(b), of Table 2
of Part B. This allowance shall not
apply to registered nurses holding positions of a higher grade than Clinical
Nurse/Midwife Specialist Grade 2. The
employer shall not use this provision on a permanent basis in place of appointing
a Nurse Manager.
13. Continuing Education Allowance
(i) An
employee employed in the classification of Registered Nurse /Midwife (years 1
to 8), Clinical Nurse Specialist/Clinical Midwife Specialist, Nursing/Midwifery
Unit Manager, Nurse/Midwife Manager Grade 1, Nurse/Midwife Manager Grade 2 or
Nurse/Midwife Manager Grade 3 and above (who satisfies the employer that she/he
is engaged in clinical work for more than 50% of her/his time) who holds a
continuing education qualification in a clinical field, in addition to the
qualification leading to registration, shall be paid a continuing education
allowance, subject to the following conditions set out below:
(a) the allowance
is only payable where the qualification is accepted by the employer to be
directly relevant to the competency and skills used by the nurse/midwife in the
duties of the position;
(b) an employee
holding more than one relevant qualification is only entitled to one allowance,
being the allowance of the highest monetary value;
(c) the employee
claiming entitlement to a qualification allowance must provide evidence to the
employer that they hold that qualification within three months of obtaining the
qualification or within three months of commencing work in the relevant
specialty, unless exceptional circumstances prevent this.
(ii) Subject to the provisions in
subclause (i) of this clause, an employee who holds a
post-registration hospital certificate listed in Schedule 2 shall be paid an
allowance of an amount set out in Item 20 of Table 2 - Other Rates and
Allowances, of Part B, Monetary Rates.
(iii) Subject to the provisions in
subclause (i) of this clause, an employee who holds a
post-graduate certificate shall be paid an allowance of an amount set out in
Item 21 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates.
(iv) Subject to the provisions in
subclause (i) of this clause, an employee who holds a
post-graduate diploma or degree (other than an undergraduate nursing degree)
shall be paid an allowance of an amount set out in Item 22 of the said Table 2.
(v) Subject to the provisions in
subclause (i) of this clause, an employee who holds a
masters degree or doctorate
shall be paid an allowance of an amount set out in Item 23 of the said Table 2.
(vi) An Enrolled Nurse or an
Enrolled Nurse without medication qualification, who holds a relevant
Certificate IV or equivalent continuing education qualification in a clinical
field, or Advanced Diploma of Nursing (Enrolled/Division 2 Nursing) in addition
to the qualification leading to enrolment, shall be paid a continuing education
allowance, subject to the following conditions set out below:
(a) the allowance is only payable
where the qualification is accepted by the employer to be directly relevant to
the competency and skills used by the Enrolled Nurse or an Enrolled Nurse
without medication qualification in the duties of the position;
(b) an employee holding more than
one relevant qualification is only entitled to one allowance, being the
allowance of the highest monetary value;
(c) the employee claiming
entitlement to a qualification allowance must provide evidence to the employer
that they hold that qualification within three months of obtaining the
qualification or within three months of commencing work in the relevant
specialty, unless exceptional circumstances prevent this.
(vii) Subject to the provisions in subclause
(vi) of this clause, an Enrolled Nurse or an Enrolled Nurse without medication
qualification who holds a Certificate 4 qualification shall be paid an
allowance of an amount set out in Item 24 of the said Table 2.
(viii) Subject to the provisions in
subclause (vi) of this clause, an Enrolled Nurse or an Enrolled Nurse without
medication qualification who holds an Advanced Diploma of Nursing
(Enrolled/Division 2 Nursing) qualification shall be paid an allowance of an
amount set out in Item 25 of the said Table 2.
(ix) A Clinical Nurse
Educator/Clinical Midwife Educator who holds a post graduate diploma, degree,
masters or doctorate in education or a clinical field in addition to the
qualification leading to registration, or a Clinical Nurse Specialist/Clinical
Midwife Specialist Grade 2 who holds a post graduate diploma, degree, masters
or doctorate in a clinical field in addition to the qualification leading to
registration, shall be paid a continuing education allowance, subject to the
following conditions set out below:
(a) the allowance is only payable
where the qualification is accepted by the employer to be directly relevant to
the competency and skills used by the registered nurse/midwife in the duties of
the position;
(b) an employee holding more than
one relevant qualification is only entitled to one allowance, being the
allowance of the highest monetary value;
(c) the employee claiming
entitlement to a qualification allowance must provide evidence to the employer
that they hold that qualification within three months of obtaining the
qualification or within three months of commencing work in the relevant
specialty, unless exceptional circumstances prevent this.
(x) Subject to the provisions in
subclause (ix) of this clause, a Clinical Nurse Educator/Clinical Midwife
Educator who holds a post graduate diploma, degree, Masters or Doctorate in
education or a clinical filed, or a Clinical Nurse Specialist/Clinical Midwife
Specialist Grade 2 who holds a post graduate diploma, degree, masters or doctorate
in a clinical field, shall be paid an allowance of the relevant amount set out
at either Item 22 or 23 of the said Table 2.
(xi) The above allowances are not
to be included in the employee’s ordinary rate of pay. The allowances are
payable during periods of paid leave taken by an employee.
(xii) The continuing education
allowances shall be considered salary-related allowances for the purpose of
salary and salary related allowance increases that may occur.
(xiii) Where a dispute arises
concerning the eligibility for payment of a Continuing Education Allowance that
is not resolved by the process contained in subclauses (i)
to (iv) of clause 48, Disputes, of this Award, negotiations between the NSW
Ministry of Health and the Association must occur prior to referral to the
Industrial Relations Commission for determination.
14. Climatic and Isolation Allowances
(i) Subject
to subclause (ii) of this clause, persons employed in public hospitals or
public health organisations in places situated upon or to the west of a line
drawn as herein specified shall be paid an allowance as set out in Item 10, of
Table 2 of Part B per week, in addition to the salary to which they are
otherwise entitled. The line shall be drawn
as follows: 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 public hospitals
or public health organisations in places situated upon or to the west of a line
drawn as herein specified shall be paid an allowance as set out in the said
Item 10 per week, in addition to the salary to which they are otherwise
entitled. The line shall be drawn as
follows: commencing at a point on the right bank of the Murray River opposite
Swan Hill (Victoria), and then to the following towns in the order stated -
namely, Hay, Hillston, Nyngan, Walgett, Collarenebri and Mungindi.
(iii) Except for the computation of
overtime, the allowances prescribed by this clause shall be regarded as part of
the salary for the purposes of this award.
(iv) The allowances prescribed by
this clause are not cumulative.
(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 thirty eight ordinary hours.
15. Penalty Rates for Shift Work and Weekend Work
(i) Employees
working afternoon or night shift shall be paid the following percentages in
addition to the ordinary rate for such shift:
Provided that employees who work less than 38 hours per week shall only
be entitled to the additional rates where their shifts commence prior to 6am or
finish subsequent to 6pm.
Afternoon shift commencing at 10am
and before 1pm - 10%.
Afternoon shift commencing at 1pm
and before 4pm - 12.5%.
Nightshift commencing at 4pm and
before 4am - 15%.
Nightshift commencing at 4am and
before 6am - 10%.
(ii) "Ordinary rate" and
"ordinary time" shall not include any percentage addition by reason
of the fact that an employee works less than 38 hours per week.
(iii) For the purpose of this
clause day, afternoon and night shifts shall be defined as follows:
"Day shift" means a
shift which commences at or after 6am and before 10am.
"Afternoon shift" means
a shift which commences at or after 10am and before 4pm.
"Night shift" means a
shift which commences at or after 4pm and before 6am on the day following.
(iv) Employees whose ordinary
working hours include work on a Saturday and/or Sunday, shall be paid for
ordinary working hours worked between midnight on Friday and midnight on
Saturday at the rate of time and one half and for ordinary hours worked between
midnight on Saturday and midnight on Sunday at the rate of time and three
quarters. These extra rates shall be in substitution for and not cumulative
upon the shift premiums prescribed in the preceding subclause (i) of this clause.
The foregoing paragraph shall
apply to employees who work less than 38 hours per week, but such employees
shall not be entitled to be paid in addition any allowance prescribed by clause
29, Part-time, Casual and Temporary Employees, in respect of their employment
between midnight on Friday and midnight on Sunday.
(v) The additional
payments prescribed by this clause shall not form part of the employee's
ordinary pay for the purposes of this Award, except as provided in clause 30,
Annual Leave.
(vi) This clause shall not apply to
Nurse/Midwife Managers classified Grade 4 or above.
16. Fares and Expenses
(i) An
employee required to travel in the performance of duty shall be reimbursed
first-class rail fares (including sleeper accommodation) and all reasonable
out-of-pocket expenses.
(ii)
(a) An employee who is engaged
for an indefinite period and who remains in the employment for at least six
months shall be reimbursed forward fares from the place of engagement, provided
that the distance of normal travel therefrom to the employment exceeds 40
kilometres.
(b) An employee who is engaged for
an indefinite period and who is dismissed within six months for any reason,
other than misconduct or inefficiency shall be reimbursed forward fares from
the place of engagement; provided that the distance of normal travel there from
to the employment exceeds 40 kilometres and shall also be reimbursed return
fares to such place of engagement or the employee's immediate destination
whichever is the cheaper.
(iii) An employee who is engaged
for a definite period and who completes the period of engagement or who is
dismissed before completing such period for any reason other than misconduct or
inefficiency, shall be reimbursed forward fares from the place of engagement
provided that the distance of normal travel therefrom to the employment exceeds
40 kilometres and shall be reimbursed return fares to such place of engagement
or to the employee's immediate destination, whichever is the cheaper.
(iv) Subclauses (ii) and (iii) of
this clause shall not apply to nurses travelling to a midwifery training school
to enter upon midwifery training or to nurses travelling to a public hospital
for post-graduate training.
(v) Fares within the meaning of
this clause shall include only fares incurred in respect of travel within New
South Wales.
(vi) An employee who claims
reimbursement of fares, pursuant to this clause, shall furnish to the employer,
if so required, satisfactory proof that she or he has not received from another
employer reimbursement in respect to those fares.
17. Special Rates and
Conditions
(i) In
addition to the rates prescribed by clause 9, Salaries, the additional rates as
set in Item 11, of Table 2 of Part B shall be payable to the undermentioned
employees of the Tibooburra and Ivanhoe District Hospitals: -
Registered Nurses/Midwives;
All Enrolled Nurse classifications; or
Assistants in Nursing.
(NOTE: These
additional rates are compensation for overtime and adverse conditions.)
(ii) In addition to
the annual leave prescribed by clause 30, Annual Leave, the Director of Nursing
and registered nurses at the Tibooburra District Hospital and Ivanhoe District
Hospital shall be allowed seven days leave of absence annually on full pay.
(iii) All nurses
employed by the Justice Health Service, nurses working in the Kestrel Unit,
Morisset and Court Liaison Nurses employed by a Local Health District shall be
paid a special environmental allowance as set out in item 11A of Table 2 of
Part B. Such allowance shall be considered as salary for all purposes of this
award (including the calculation of overtime and penalty rates).and shall be
adjusted from time to time in accordance with any general wage movements in
this Award. Part time and Casual
employees shall be paid this allowance on a pro rata basis.
(iv) All nurses employed by the
Justice Health Service shall be paid a productivity allowance as set out in
item 11B of Table 2 of Part B. Such allowance shall be considered as salary for
all purposes of this award (including the calculation of overtime and penalty
rates) and shall be adjusted from time to time in accordance with any general
wage movements in this award. Part time and Casual employees shall be paid this
allowance on a pro rata basis.
Air Ambulance Service
(v) In addition to the weekly rate
of pay prescribed by clause 9, Salaries, Flight Nurses shall receive the sum in
Item 19 of Table 2 of Part B as an industry allowance. This allowance shall not
form part of the normal wages in respect of overtime, shift penalties or
penalties for weekends and public holidays. This allowance shall not be payable
on annual leave, long service leave or sick leave.
(vi) Reserve Duty Allowance - A
Flight Nurse required to stand by at a country centre outside normal rostered
hours shall be paid one-third of the normal hourly rate while so doing and
while not engaged in actual duties.
(vii) Unscheduled Stopovers - A
Flight Nurse required to remain away from home overnight shall be provided with
accommodation and full board of a reasonable standard which will be paid for by
the Ambulance Service.
(viii) Each five hours during a tour
of duty only, a meal allowance, as set out in subclause (ix) below shall be
paid unless a meal is provided.
(ix) The allowance per meal shall
be the average of the allowances for breakfast, lunch and dinner as determined
by Item 19 of Table 1 of the Department of Premier and Cabinet Circular
C2021-03-Meal, Travelling and Other Allowances for 2020-21 (as amended or
replaced).
Team Leader
(x) Payment of the Team Leader
allowance provided for in the Health Professionals and Medical Salaries Award
ceased to apply for employees covered by this Award from 1 July 2008, except
that nurses in receipt of such an allowance immediately prior to 1 July 2008
whose salary is in advance of the applicable rate under the NSW Health Service
Health Professionals (State) Award continue to receive that allowance while
occupying their existing role.
(xi) A registered nurse responsible
for the leadership, guidance and line management of a multi-disciplinary team
of health professionals in a community-based service whose annual salary is
lower than the relevant salary set out in the NSW Health Service Health
Professionals (State) Award for the Team Leader role shall for all purposes be
paid the difference between their salary and the applicable salary set out in
the NSW Health Service Health Professionals (State) Award for the relevant Team
Leader classification as follows:
(a) A registered nurse
responsible for the leadership, guidance and line management of a
multi-disciplinary team of up to five other full time equivalent health
professionals or other technical staff or support staff providing clinical
input in a community-based service shall be paid the base salary applicable to
Health Professional Level 3, Year 2.
(b) A registered nurse responsible
for the leadership, guidance and line management of a multi-disciplinary team
of more than five and less than 10 other full time equivalent health
professionals or other technical staff or support staff providing clinical
input in a community-based service shall be paid the base salary applicable to
Health Professional Level 4, Year 2.
(c) A registered nurse
responsible for the leadership, guidance and line management of a
multi-disciplinary team of more than 10 and less than 20 other full time
equivalent health professionals or other technical staff or support staff
providing clinical input in a community-based service shall be paid the base
salary applicable to Health Professional Level 5, Year 2.
18. Telephone
Allowance
If an employee is required by his or her employer to have a
telephone installed at his or her residence for the purposes of his or her
employment, the employer shall be responsible for the payment of -
(a) the cost of installation of
the telephone
(b) three quarters of the cost of
the rental of that telephone
(c) the cost of all official
calls.
19.
Work Health and Safety for Employees of Contractors and Labour Hire
Business
(i) This clause arises from the Secure
Employment Test Case 2006. For the purposes of this subclause, the following
definitions shall apply:
(a) 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.
(b) 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):
(a) consult
with employees of the labour hire business and/or contract business regarding
the workplace occupational health and safety consultative arrangements;
(b) provide employees of the
labour hire business and/or contract business with appropriate work, health and
safety induction training including the appropriate training required for such
employees to perform their jobs safely;
(c) 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
(d) 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 clause is intended to affect or detract from any
obligation or responsibility upon a labour hire business arising under the Work Health and Safety Act 2011 or the Workplace Injury Management and Workers
Compensation Act 1998.
(iv) 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.
(v) 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.
20. Mobility, Excess Fares and Travelling
For the purpose of this clause
accustomed place of work shall mean the location where an employee is regularly
required to commence duty by the employer.
(i) An
employee shall be required to proceed to the accustomed place of work and
return home once on each ordinary working day or shift in the employee's own
time and at the employee's own expense.
(ii)
(a) Where an
employee is directed to report for duty to a place of work other than the
employee's accustomed place of work the employee shall travel to and from the
alternative place of work in the employer's time for those periods in excess of
time normally taken to travel to and from the accustomed place of work.
(b) If the excess of
travelling time on a particular day or shift is greater than the prescribed
ordinary hours of duty for the particular category of staff for that day or
shift, then the excess of hours, shall be paid at the ordinary rate of pay to
the extent of the excess of travelling time.
(c) Fares incurred
by such employee in excess of the fares normally
incurred in travelling to the employee's accustomed place of work and returning
home from the accustomed place of work, shall be reimbursed.
(d) Where the
employee is required to report to an alternative place of work and has the
prior approval of the employer to travel by their own mode of conveyance, the
employee shall be paid a kilometre allowance for kilometres travelled in excess
of the kilometres the employee normally travels between the accustomed place of
work and home. The kilometre allowance will be as prescribed by Item 6 of Table
1 of the (ref clause 36.3) of Table 1 of the Department of Premier and Cabinet
Circular C2021-03-Meal, Travelling and Other Allowances for 2020-21 (as amended
or replaced).
(iii)
(a) Where an employer has
determined that an employee or employees should report to a new accustomed
place of work on a permanent basis, the decision must be discussed with the
affected employee(s) and the local branch of the relevant union(s) prior to
notice of changed accustomed place of work being given. An employer shall only
make such a determination where it is reasonable in all the circumstances to do
so.
(b) The employer shall give the
employee reasonable notice of the requirement to report to a new accustomed
place of work. For the purpose of this sub-clause,
"reasonable notice" shall be one calendar month prior to the date the
employee is first required to report to the new accustomed place of work.
(c) Where the accustomed place of
work is changed on a permanent basis by the employer, the employee shall report
to the new accustomed place of work on the date specified by the employer.
(d) If there is disagreement about
such decision after such discussion or if a significant number of employees are
involved, the matter should be referred to the Ministry of Health, which will
discuss the matter with the appropriate union(s) and will determine the date
upon which notice will be given to employee(s).
(iv)
(a) The provision of this clause
shall not apply to an employee appointed to regularly perform relief duties or
to employees specifically employed to perform duties at more than one place of
work except as provided in (b) hereunder.
(b) If a reliever incurs fares in excess of the amount as set in Item 12 of Table 2 - Other
Rates and Allowances per day in travelling to and from the relief site, the
excess shall be reimbursed.
(c) Where a reliever, with the
prior approval of the employer, travels by their own mode of conveyance and
incurs travelling costs in excess of the amount as set in Item 12 per day to
and from the relief site, such excess shall be reimbursed. The rate applicable
shall be the kilometre allowance prescribed by Item 6 (ref clause 36.3) of
Table 1 of the Department of Premier and Cabinet Circular C2021-03-Meal,
Travelling and Other Allowances for 2020-21 as amended or replaced).
(v) No payment shall be made
under this clause unless the employer is satisfied that the employee has
incurred additional expenditure in having to report to an alternative place of
work, at the direction of the employer.
(vi) Travel to an alternative place
of work, either by public transport or own mode of conveyance, shall in all
instances be by the most direct route.
21. Car Allowance
An employee who, with the approval of the Chief Executive
Officer or their nominee, uses on official business a motor vehicle maintained
primarily for other than official business, shall be paid an allowance based on
the rates prescribed by Item 6 (ref clause 36.3) of
Table 1 of the Department of Premier and Cabinet Circular C2021-03-Meal,
Travelling and Other Allowances for 2020-21 (as amended or replaced)."
22. Provision of Communication Device
An employee who is required to visit clients away from a
secure working environment shall, during the performance of such duties, be
provided with a suitable and effective communication device. The provision of
this equipment is intended to improve service delivery, together with enhancing
the safety and wellbeing of the employee.
23. Uniform and Laundry Allowances
(i) Subject
to subclause (ii) of this clause, sufficient, suitable and serviceable
uniforms, including one pair of shoes per annum which shall be of a recognised
acceptable standard for the performance of nursing duties, shall be supplied
free of cost to each employee required to wear a uniform. An employee to whom a
new uniform or part of a uniform has been issued who, without good reason,
fails to return the corresponding article last supplied shall not be entitled
to have such article replaced without payment therefore at a reasonable price.
(ii) An employee, on leaving the
service of an employer, shall return any uniform or part thereof supplied by
that employer which is still in use immediately prior to leaving.
(iii)
(a) In lieu of supplying uniforms
and shoes to an employee, an employer shall pay the said employee the sum as
set out in Item 13 of Table 2 of Part B per week, which includes a sum as set
in the said Item 13 per week for shoes.
Provided, however, that if a uniform includes a cardigan or jacket an
additional amount as set in the said Item 13 per week shall also be paid.
(b) The allowances prescribed in
this subclause continue to be payable during any period of paid leave.
(iv)
(a) If, in any public hospital or
public health organisation, the uniforms of an employee are not laundered at
the expense of the employer, an allowance as set out in Item 14, of Table 2 of
Part B per week shall be paid to the said employee. Provided that this
allowance is not payable during any period of leave which exceeds one
continuous week.
(b) This allowance is also payable
to employees providing direct clinical care and who are not required to wear a
uniform.
(v) Where the employer requires
any employee to wear headgear, the employer shall provide headgear free of
charge to the employee.
(vi) Each employee whose duties
regularly require them to work out of doors shall be supplied with a suitable
waterproof coat, hat and overboots. Sufficient
waterproof clothing shall be made available for use by other employees who in
the course of their duties are exposed to wet weather.
(vii) The Ambulance Service shall
provide for each employee sufficient suitable and serviceable uniforms,
including the following articles of clothing:
(a) For female employees:
1 Uniform Jacket
3 Culotte Mid-weight Skirts
2 Winter weight Culotte Skirts
3 Slacks
4 Blouses (2 long sleeve, 2 short sleeve)
1 Pair of Shoes
1 Handbag
1 Cardigan
1 Raincoat
1 Parka
(b) For male employees - The
equivalent items of clothing of the NSW Ambulance Service officers' uniform
shall be provided.
24. Higher Grade Duty
(i) An
employee who is called upon to relieve and does relieve an employee in a higher
classification or is called upon to act and does act in a vacant position of a
higher classification for a continuous period of at least five working days
shall be entitled to receive for the period of such relief or acting, the
minimum payment for such higher classification.
The employer shall not rotate the performance of higher
grade duty so as to avoid payment for performance of the higher grade
duty in this manner.
(ii) Where an employee acts in a
vacant management position covered by this Award continuously for more than six
months, the employee will be deemed to be appointed to that position until such
time as another appointment is made by the employer, or the employer determines
that the management position will no longer be occupied. The employer shall have appropriate regard to
the sharing of acting arrangements for developmental purposes and equitable
treatment of employees, but the employer shall not rotate duties in such a
manner as to avoid the intentions of this subclause.
25. Overtime
(i)
(a) Subject to paragraph (b) of
this subclause an employer may require an employee to work reasonable overtime.
(b) 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.
(c) For the purposes of paragraph
(b), what is unreasonable or otherwise will be determined having regard to:
(i) any
risk to employee health and safety;
(ii) the employee’s personal
circumstances including any family and carer responsibilities;
(iii) the needs of the workplace or
enterprise;
(iv) the notice (if any) given by
the employer of the overtime and by the employee of his or her intention to
refuse it; and
(v) any other relevant matter.
(ii)
(a) Subject to paragraph (b) of
this subclause all time worked by employees in excess of the rostered daily ordinary
hours of work shall be overtime and shall be paid for at the rate of time and
one half for the first two hours and double time thereafter in respect of each
overtime shift worked or in respect of overtime worked prior to or at the
conclusion of a normal shift. Provided that overtime worked on Sundays shall be
paid for at the rate of double time and on public holidays at the rate of
double time and one half.
(b) Employees employed pursuant to
Part 1 of clause 29, Part Time, Casual and Temporary Employees, (i.e. Permanent
Part-Time Employees) shall be entitled to payment for overtime in accordance
with the arrangements set out in NSW
Health Policy Directive PD2014_039 Nurses and Midwives - Permanent Part-time -
Overtime provisions for on call roster, as amended from time to time. Overtime
shall be paid for at the rate of time and one half for the first two hours and
double time thereafter except that on Sundays such overtime shall be paid for
at the rate of double time and on public holidays at the rate of double time
and one half.
(iii) An employee recalled to work overtime after leaving the employer's premises shall
be paid for a minimum of four hours work at the appropriate rate each time so
recalled. If the work required is completed in less than four hours, the
employee shall be released from duty.
(iv) In lieu of the conditions
specified in subclauses (ii) and (iii) of this clause, a nurse who works
overtime may be compensated by way of time off in lieu of overtime, subject to
the following requirements:
(a) Time off in lieu must be
taken within three months of it being accrued at ordinary rates.
(b) Where it is not possible for a
nurse to take the time off in lieu within the three month period, it is to be
paid out at the appropriate overtime rate based on the rates of pay applying at
the time payment is made.
(c) Nurses cannot be compelled to
take time off in lieu of overtime.
(d) Time off in lieu of overtime
should only be considered as an option in those circumstances where the
employer is able to provide adequate replacement staff to ensure that the level
of quality of service that would otherwise have been provided had overtime been
worked, is in fact provided.
(e) Records of all time off in
lieu owing to nurses and taken by nurses must be maintained.
(v) An employee required to work
overtime following on the completion of his or her normal shift for more than
two hours shall be allowed twenty minutes for the partaking of a meal and a
further twenty minutes after each subsequent four hours overtime; all such time
shall be counted as time worked. Provided that the benefits of this subclause
shall not apply to an employee employed pursuant to Part 1 of clause 29,
Part-Time, Casual and Temporary Employees, until the expiration of the normal
shift for a majority of the full-time employees employed on that shift in the
ward or section concerned.
(vi) An employee recalled to work
overtime after leaving the employer's premises and who is required to work for
more than four hours shall be allowed twenty minutes for the partaking of a
meal and further twenty minutes after each subsequent four hours overtime; all
such time shall be counted as time worked.
(vii)
(a) The meals referred to in subclause
(v) and (vi) of this clause shall be allowed to the employee free of charge.
Where the employer is unable to provide such meals, an allowance per meal as
calculated hereunder shall be paid to the employee concerned.
(b) The allowance per meal shall
be the average of the allowances for breakfast, lunch and dinner as determined
by Item 19 of Table 1 of the Treasury Circular Industrial Relations NSW TC
17-10 Review of Meal, Travelling and Other Allowances (as amended or replaced)
(viii) Where an employee is required
to work an overtime shift on his or her rostered day off, the appropriate meal
breaks for that shift, as prescribed by clause 4, Hours of Work and Free Time
of Employees Other Than Directors of Nursing, shall apply.
(ix) An employee who works so much
overtime:
(a) between the termination of
his or her ordinary work on any day or shift and the commencement of his or her
ordinary work on the next day or shift that he or she has not had at least ten
consecutive hours off duty between these times; or
(b) on a Saturday, a Sunday and a
holiday, not being ordinary working days, or on a rostered day off without
having had ten consecutive hours off duty in the twenty-four hours preceding
his or her ordinary commencing time on his or her next day or shift;
shall, subject to this subclause,
be released after completion of such overtime until he or she has had ten
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 had such ten consecutive hours off duty he or she shall be paid
at double rates until released from duty for such period and he or she then
shall be entitled to be absent until he or she has had ten consecutive hours
off duty without loss of pay for ordinary working time occurring during such
absence.
(c) The requirement for an
employee to have at least ten consecutive hours off duty before or after
overtime shall be reduced to eight hours in the following circumstances:
(i) Where
the employee and local nursing management have agreed to an eight
hour break between each rostered shift;
(ii) Where an employee has
exchanged the shift rostered before or after the overtime period with another
employee.
(d) Periods rostered on-call or
periods attracting the prescriptions of paragraph (c) of subclause (vii) of
clause 12, Special Allowances, regarding telephone counselling are to be
regarded as forming part of the ten consecutive hours off duty pursuant to
paragraphs (a) and (b) of this subclause.
(x) Where an employee has been
rostered to work overtime and is subsequently notified by the employer with less
than 24 hours notice that the overtime has been
cancelled, the employee shall be entitled to payment of four hours pay at
ordinary time, i.e. at the employee's base rate of pay.
(xi) This clause shall not apply to
Nurse/Midwife Managers classified at Grade 4 or above, except where all of the following criteria are met:
(a) the Nurse/Midwife Manager is
employed in a small public hospital that does not employ Nurse/Midwife Managers
to supervise the nursing/midwifery services on evenings, nights and/or
weekends; and
(b) the Nurse/Midwife Manager is
required to work overtime due to the public hospital having insufficient
nursing/midwifery staff available to be rostered on duty at the relevant time;
and
(c) the Nurse/Midwife Manager is
required to work overtime in order to personally
provide "hands on" clinical care of patients.
26. Escort Duty
(i) Periods
during which an employee, other than a Director of Nursing, is engaged in
nursing duties, viz., in attendance on a patient, shall be paid as working time
under this award. Where applicable, overtime shall be payable.
(ii) All reasonable out of pocket
expenses shall be reimbursed.
(iii) Rostered time shall be paid
as such even though an employee may be travelling, in hotel/motel accommodation
or waiting for transport.
(iv) In respect of non-rostered
time not spent in nursing duties:
(a) Periods in hotel/motel
accommodation or waiting time for transport shall not be counted as working time;
(b) Periods in travelling shall
count as working time.
27. Payment and Particulars of Salaries
(i) All
salaries and other payments shall be paid fortnightly provided that payment for
any overtime and/or shift penalties worked may be deferred to the pay day next
following the completion of the working cycle within which such overtime and or
shift penalties is worked, but for no longer.
Provided further that any proposal to alter the day on which wages are
to be paid or the number of days pay kept in hand by the employer, must be the
subject of consultation with the Head Office of the Association.
(ii) Employees shall have their
salary paid into one account with a bank or other financial institution in New
South Wales as nominated by the employee. Salaries shall be deposited by the
employer in sufficient time to ensure that wages are available for withdrawal
by employees by no later than payday, provided that this requirement shall not
apply where employees nominate accounts with non-bank financial institutions
which lack the technological or other facilities to process salary deposits
within 24 hours of the employer making their deposits with such financial
institutions but in such cases the employer shall take all reasonable steps to
ensure that the wages of such employees are available for withdrawal by no
later than payday.
(iii) Notwithstanding the
provisions of subclause (ii) of this clause, an employee who has given or has
been given the required notice of termination of employment, in accordance with
clause 45, Termination of Employment, shall be paid all monies due to him/her
prior to ceasing duty on the last day of employment. Where an employee is
summarily dismissed or his/her services are terminated without due notice, any
monies due to him/her shall be paid as soon as possible after such dismissal or
termination but, in any case not more than three days thereafter.
(iv) On each payday an employee, in
respect of the payment then due, shall be furnished with a written or
electronic statement containing the following particulars; employee’s name, the
amount of ordinary salary, the total number of hours of overtime worked, if
any, the amount of any overtime payment, the amount of any other monies paid
and the purpose for which they are paid, and the amount of the deductions made
from the total earnings and the nature thereof.
(v) Underpayment and overpayment
of salaries: The following process will
apply once the issue of underpayment or overpayment is substantiated.
(a) Underpayment:
(i) If
the amount paid is equal to or greater than one day’s gross base pay the underpayment will be rectified within three working
days;
(ii) If the amount is less than
one day’s gross base pay it will be rectified by no later than the next normal
pay. However, if the employee can
demonstrate that rectification in this manner would result in undue hardship
every effort will be made by the employer to rectify the underpayment within
three working days.
(b) Overpayment
(i) In
all cases where overpayments have occurred, the employer shall as soon as
possible advise the employee concerned of both the circumstances surrounding
the overpayment and the amount involved. The employer will also advise the
employee of the pay period from which the recovery of the overpayment is to
commence.
(ii) One off overpayments
will be recovered in the next normal pay, except that where the employee can
demonstrate that undue hardship would result, the recovery rate shall be at 10%
of an employee's gross fortnightly base pay.
(iii) Unless the employee agrees
otherwise, the maximum rate at which cumulative overpayments can be recovered
is an amount, calculated on a per fortnight basis, equivalent to 10% of the
employee's gross fortnightly base pay.
(iv) The recovery rate of 10% of an
employee's gross fortnightly base pay referred to in subparagraph (b)(iii) above
may be reduced by agreement, where the employee can demonstrate that undue
hardship would result.
(v) Where an employee's remaining
period of service does not permit the full recovery of any overpayment to be
achieved on the fortnightly basis prescribed in paragraph (b)(iii) above, the
Ministry shall have the right to deduct any balance of such overpayment from
monies owing to the employee on the employee's date of termination, resignation
or retirement, as the case may be.
(vi) Subject to the provisions of
subparagraphs (ii) and (iii) above, where the circumstances make it appropriate
the Chief Executive of the Public Health Organisation or delegate may exercise
discretion in regard to recovery of overpayments.
28. Registration Pending
An employee who has met the requirements and applied for
registration as a Registered Nurse or Enrolled Nurse shall, upon registration
by the Board be paid as from the date of application for registration the
salary to which she or he would have been entitled if registered as a
Registered Nurse or Enrolled Nurse.
29. Part-Time, Casual and Temporary Employees
PART I
PERMANENT PART-TIME EMPLOYEES
(i) A
permanent part-time employee is one who is permanently appointed by a public
hospital or public health organisation to work a specified number of hours
which are less than those prescribed for a full-time employee. Provided that
employers must not utilise this provision in a manner which has the effect of
subverting the intentions of the 38-hour week arrangements whereby full-time
employees work on no more than 19 days in each 28 day
roster cycle.
(ii) The number of persons
employed under Part 1 of this clause shall be limited so that the proportion of
a public hospital's permanent part-time nursing workforce, expressed in
full-time equivalents, shall not exceed 33 1/3 per cent of the public
hospital's total nursing workforce, expressed in full-time equivalents.
Provided that where the consent of the Association is first obtained, the
figure of 33 1/3 per cent permanent part-time employees may be exceeded. Should
the Association not consent to a higher percentage of permanent part-time
employees at a public hospital, resort may be had to the dispute settling
procedures provided for in clause 48, Disputes. The parties agree that they
will take account of the Government’s flexible work practices policy.
(iii) Subject to subclause (iv) of
this clause employees engaged under Part 1 of this clause shall be paid an
hourly rate calculated on the basis of one thirty-eighth of the appropriate
rate prescribed by clause 8, Salaries, with a minimum payment of two hours for
each start, and one thirty-eighth of the appropriate allowances prescribed by
clause 19, Uniform and Laundry Allowances, but shall not be entitled to an additional
day off or part thereof as prescribed by subclauses (iii) and (v) of clause 4,
Hours of Work and Free Time of Employees Other Than Directors of Nursing and
Area Managers, Nurse Education.
(iv) Four weeks annual leave on
ordinary pay is to be granted on completion of each twelve months service, The
provisions of subclauses (v) to (xi) of clause 30, Annual Leave, and clause 31,
Annual Leave Loading, shall apply to employees engaged under Part 1 of this
clause. The remaining provisions of clause 30 shall not apply.
(v) A public holiday occurring on
an ordinary working day shall be allowed to employees without loss of pay; provided
that an employee who is required to and does work on a public holiday shall
have one day or one half day, as appropriate, added to his/her period of annual
leave and be paid at the rate of one half time extra for the time actually
worked. Such payment is in lieu of any additional rate for shift work or
weekend work which would otherwise be payable had the day not been a public
holiday. In lieu of adding to annual
leave under this paragraph an employee may elect to be paid for the time actually worked at the rate of time and one half in addition
to his/her ordinary weekly rate. Where payment is made in lieu of leave in
respect of time worked on a public holiday, payment shall be made for a minimum
of four hours work, and any balance of the day or shift not worked shall be
paid at ordinary rates. For employees who work less than five days per week,
when a public holiday occurs on a day of the week on which an employee
regularly works, that employee shall be entitled to observe the public holiday
without loss of pay, i.e. the employee’s roster must not be changed to avoid
payment of the public holiday.
(vi) To the leave prescribed by
subclause (iv) of this Part there shall be added one working day for each
public holiday or one-half working day for each half public holiday which
occurs on what would have been an ordinary working day during a period of
annual leave.
(vii) For the purpose of this Part
of this clause the following are to be public holidays, viz., New Year's Day,
Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Queen's
Birthday, Labour Day, Christmas Day, Boxing Day and any other day duly
proclaimed and observed as a public holiday within the area in which the
employee’s usual workplace is situated.
(viii) In addition to those public
holidays prescribed in subclause (vii) of this Part, there shall be an extra
public holiday each year. Such public holiday will occur on the August Bank
Holiday or a date which is determined by the public hospital or public health
organisation following consultation with the Association. This subclause shall
apply in substitution for any additional local public holiday or half public
holiday proclaimed in a local government area.
(ix) In this Part, ordinary pay,
for the purposes of sick leave and annual leave, shall be calculated on the basis of the average weekly ordinary hours worked
over the 12 months' qualifying period.
(x) Employees engaged under this
Part 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.
(xi) Where a permanent part-time
employee has been rostered to work any additional shift and is subsequently
notified by the employer with less than 24 hours’ notice that the shift has
been cancelled, the employee shall be entitled to payment of four hours pay at
ordinary time, i.e. at the employee's base rate of pay.
(xii) A part time employee may elect
to increase their contracted hours to reflect the average of the actual hours
worked per fortnight in the preceding 12 month period (except in circumstances
where the part time engagement has been specifically for the purpose of
temporarily backfilling a position where the substantive occupant has been on extended
leave). The employer will not unreasonably withhold agreement to this request.
(xiii) A part time employee may elect
to convert to full time status. The employer will not unreasonably withhold
such agreement to this request.
PART II
CASUAL
EMPLOYEES
A. General
Provisions
(i) A
casual employee is one engaged on an hourly basis otherwise than as a permanent
part-time or full-time employee.
(ii) A casual employee shall be paid
an hourly rate calculated on the basis of one thirty-eighth of the appropriate
rate, prescribed by clause 9, Salaries, plus 10 per centum thereof, with a
minimum payment of two hours for each start, and one thirty-eighth of the
appropriate allowances prescribed by clause 23, Uniform and Laundry Allowances.
(iii) With respect to a casual
employee the provisions of clause 41, Deputy Directors of Nursing, Assistant
Directors of Nursing; clause 7, Hours of Work and Free time of Directors of
Nursing and Area Managers, Nurse Education; clause 25, Overtime; clause 30,
Annual Leave; clause 16, Fares and Expenses; clause 20, Mobility, Excess Fares
and Travelling, clause 55, Learning and Development Leave and subclause (vii)
of clause 38, Accommodation and Board, shall not apply.
Further, casual employees shall
not be entitled to an additional day off or part thereof as prescribed by
subclauses (iii) and (v) of clause 4, Hours of Work and Free Time of Employees
Other Than Directors of Nursing and Area Managers, Nurse Education.
(iv) For the entitlement to payment
in respect of annual leave, see Annual
Holidays Act 1944.
(v) A casual employee who is
required to and does work on a public holiday as defined in subclauses (iii)
and (iv) of clause 30, Annual Leave, shall be paid for the time actually worked
at the rate of double time and one-half such payment being in lieu of weekend
or shift allowances which would otherwise be payable had the day not been a
public holiday; provided that a casual employee shall not be entitled to be
paid in addition the allowance of 10 per centum prescribed in subclause (ii) of
Part II in respect of such work.
(vi) Where a casual employee has
been notified by an employer of a time to commence an engagement and that
engagement is subsequently cancelled by the employer with less than two hours’
notice the casual employee must be paid a minimum payment of two hours
calculated at the rate which would have applied had the cancellation not
occurred.
(vii) A casual employee must not be
required to work more than 12 consecutive hours unless the casual employee
consents to do so.
B. Casual
Conversion
(i) The
objective of this subclause B, Casual Conversion, 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. These provisions arise from the Secure
Employment Test Case 2006.
(ii) 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.
(iii) 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.
(iv) Any casual employee who has a
right to elect under paragraph (ii), upon receiving notice under paragraph
(iii) 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.
(v) 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.
(vi) 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.
(vii) 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 (iv), the employer and
employee shall, in accordance with this paragraph, and subject to paragraph
(iv), discuss and agree upon:
(a) whether the employee will convert
to full-time or part-time employment; and
(b) 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.
(viii) Following an agreement being
reached pursuant to paragraph (vii), 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.
(ix) An employee must not be
engaged and re-engaged, dismissed or replaced in order
to avoid any obligation under this subclause.
PART III
TEMPORARY
EMPLOYEES
(i) A
temporary employee is one engaged for a set period not exceeding 13 weeks,
provided that fixed term contracts of employment, whether for periods greater
or lesser than 13 weeks, must not be offered in preference to ongoing contracts
unless they are necessary to meet the genuine operational requirements of the employer,
which may include but not be limited to parental leave, limited term funding
arrangements, long term leave relief, forthcoming service reductions, and
anticipated peak demand times.
(ii) A temporary employee shall be
paid in addition to all rates and allowances to which the said employee is
entitled under this award, an allowance equal to 10 per centum of the rates
prescribed for his or her classification by clause 8, Salaries, of this award,
provided that this subclause shall cease to apply upon:
(a) the said period of engagement
being extended after the said period of 13 weeks;
(b) the employer and the employee agreeing
during the said period of 13 weeks, that the employee shall be employed on a
permanent part-time or full-time basis.
(iii) For entitlement to payment in
respect of annual leave, see Annual
Holidays Act 1944.
PART IV
SAVINGS
PROVISIONS
(i) Employees
engaged as part-time employees as at 30 June 1986 shall be entitled to exercise
the option of receiving the benefits of employment specified in Part 1 of this
clause or in lieu thereof the following:
(ii) Such part-time employee shall
be paid an hourly rate calculated on the basis of one thirty-eighth of the
appropriate rate prescribed by clause 9, Salaries, plus 10 per centum thereof
with a minimum payment of two hours for each start, and one thirty-eighth of
the appropriate allowance prescribed by clause 23, Uniform and Laundry
Allowances.
(iii) With respect to such
part-time employees, the provisions of clause 41, Deputy Directors of Nursing,
Assistant Directors of Nursing; clause 7, Hours of Work and Free Time of
Directors of Nursing and Area Managers, Nurse Education; clause 25, Overtime;
clause 30, Annual Leave; clause 16, Fares and Expenses; clause 20, Mobility,
Excess Fares and Travelling and subclause (vii) of clause 38, Accommodation and
Board, of this award shall not apply. Further, part-time employees shall not be
entitled to an additional day off or part thereof as prescribed by subclauses
(iii) and (v) of clause 4, Hours of Work and Free Time of Employees Other Than
Director of Nursing and Area Managers, Nurse Education.
(iv) For entitlement to payment in
respect of annual leave, see Annual
Holidays Act 1944.
(v) Such part-time employee who
is required to and does work on a public holiday as defined in subclause (iii)
and (iv) of clause 30, Annual Leave, shall be paid for the time actually worked
at the rate of double time and one half such payment being in lieu of weekend
or shift allowances which would otherwise be payable had the day not been a
public holiday; Provided that a part-time employee shall not be entitled to be
paid in addition the allowance of 10 per cent prescribed in subclause (ii) of
this Part in respect of such work.
(vi) The provisions of subclauses (i) and (ii) of clause 33, Long Service Leave of this award
shall not apply to such part-time employees who shall be entitled to long
service leave in accordance with the provisions of the Long Service Leave Act 1955.
30. Annual Leave
(i) Annual
leave on full pay is to be granted on completion of each twelve months' service
as follows:
(a) Employees required to work on
a seven day basis - six weeks annual leave.
(b) All other employees - four
weeks annual leave.
(ii)
(a) An employee to whom paragraph
(a) of subclause (i) of this clause, applies and who
is required to and does work on a public holiday shall be paid, in addition to
the appropriate ordinary weekly rate of pay, at the rate of one half time extra
for the time actually worked on such holiday. Such payment shall be in lieu of
any additional rate for shift work or weekend work which would otherwise be
payable had the day not been a public holiday.
(b) To leave prescribed by
paragraph (a) of subclause (i), there shall be added
one working day or one half working day for each public holiday or half public
holiday (not being one of the 10 specifically named public holidays prescribed
by subclause (iii) of this clause, or a substituted day proclaimed in lieu of
any of them) which may occur during the qualifying period for annual leave or
during the period of annual leave.
(c) A public holiday occurring on
an ordinary working day shall be allowed to employees covered by paragraph (b)
of subclause (i) on full pay; provided that an
employee who is required to and does work on a public holiday shall have one
day or one half day, as appropriate, added to his/her period of annual leave
and be paid at the rate of one half time extra for the time actually worked.
Such payment is in lieu of any additional rate for shift work or weekend work
which would otherwise be payable had the day not been a public holiday.
In lieu of adding to annual leave
under this paragraph an employee may elect to be paid for the time actually worked at the rate of time and one half in addition
to his/her ordinary weekly rate. Where payment is made in lieu of leave in
respect of the time worked on a public holiday, payment shall be made for a
minimum of four hours work, and any balance of the day or shift not worked
shall be paid at ordinary rates.
(d) Where a public holiday falls
on a rostered day off of a shift worker as defined in clause 3, Definitions,
and who receives four weeks annual leave in accordance with paragraph (b) of
subclause (i) of this clause, such shift worker shall
be paid one day's pay in addition to the weekly rate or if the employee so
elects shall have one day added to the period of annual leave.
(e) To the leave prescribed by
paragraph (b) of subclause (i) there shall be added
one working day for each public holiday or one half working day of each half
public holiday which occurs on what would have been an ordinary working day
during a period of annual leave; provided that in the case of a shift worker
referred to in paragraph (d) of this subclause the provisions of this paragraph
shall apply to any public holiday falling during the period of annual leave.
(iii) For the purpose of this
subclause the following are to be public holidays viz., New Year's Day,
Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Queen's
Birthday, Labour Day, Christmas Day, Boxing Day and any other day duly
proclaimed and observed as a public holiday within the area in which the
employee’s usual workplace is situated.
(iv) In addition to those public
holidays prescribed in subclause (iii) of this clause, employees are entitled
to an extra public holiday each year.
Such public holiday will occur on a day in the Christmas-New Year period
as determined by the employer following consultation with the Association, or
other suitable day as agreed between the employer and the Association. Such public holiday shall be regarded for all
purposes of this clause as any other public holiday. This subclause shall apply in substitution
for any additional local public holiday or half public holiday proclaimed in a
local government area.
(v) An employee shall be eligible
for annual leave when 12 months have elapsed since the date on which the first
annual leave would have begun if taken immediately it had become due, or if the
employee has not previously had annual leave, since the commencement of
employment.
(vi) Annual leave shall be given and
taken either in one consecutive period or two periods, or if the employer and
employee so agree, in either two, three, or four separate periods but not
otherwise. Provided that up to five
single days per year may be taken at times convenient to both the employer and
the employee.
(vii)
(a) Annual leave shall be given
and shall be taken within a period of six months after the date when the right
to annual leave accrued; provided that the giving and taking of such leave may
be postponed, by mutual agreement between the parties for a further period not
exceeding six months.
(b) Nothing in this subclause
shall prevent an employer by agreement with the employee, from allowing annual
leave to an employee before the right thereto has accrued but where leave is
taken in such a case a further period of annual leave will not commence to
accrue until the expiration of the 12 months in respect of which annual leave
was taken before it accrued.
(c) The employer shall give each
employee, where practicable, three months notice of
the date upon which he or she shall enter upon leave and in any event, such
notice shall not be less than 28 days.
(viii)
(a) Each employee before going on
leave shall be paid for the period of the leave at the ordinary rate of salary
to which he or she is entitled under this award.
(b) For the purpose of this
subclause "ordinary rate of salary" means the award salary without
any deduction for accommodation and/or board, provided that the employer is
entitled to make such deduction for accommodation as is authorised by clause
38, Accommodation and Board, of this award, if the employee, having been
requested by the employer to leave his or her room completely vacant during the
period of annual leave, fails to do so.
(c) An employee to whom paragraph
(a) of subclause (i) applies shall be paid during the
first 28 consecutive days whilst on annual leave his or her ordinary rate of
salary plus shift allowances and weekend penalties relating to ordinary time
the employee would have worked if he or she had not been on annual leave.
Additional annual leave accrued under subclause (xi) attracts shift allowances
and weekend penalties relating to ordinary time the employee would have worked
if he or she had not been on annual leave.
Provided that, the provisions of
the preceding paragraphs of this subclause shall not apply to public holidays
which occur during a period of annual leave or days which have been added to
annual leave in accordance with paragraph (b) of subclause (ii) and subclause
(iv) of this clause.
(ix) Except as provided in
subclause (x) and (xi) of this clause payment for annual leave shall not be
made or accepted in lieu of annual leave.
(x) Where the employment of an
employee is terminated, the employee shall be entitled to receive, in addition
to all other amounts due, in respect of service of less than one year an amount
equal to one twelfth (6/46ths in respect of employees rostered to work on a
seven day basis) of his or her ordinary pay for that period of employment
together with payment for any days added to annual leave in accordance with
subclause (ii) of this clause and in calculating such payment no deduction is
to be made for accommodation or board. Provided that this subclause shall not
apply to an employee who elects to transfer his or her leave entitlement in
accordance with NSW Health Policy Directive No. PD2019_010 Leave Matters for
the NSW Health Service, as amended from time to time.
(xi)
(a) In addition to the leave prescribed
by subclause (i) employees who work their ordinary
hours on Sundays and/or public holidays are entitled to receive additional
annual leave as follows:
Number
of ordinary shifts worked on Sundays and/or public holidays
|
Additional
Annual Leave
|
during
qualifying period of employment for annual leave purposes
|
|
4
to 10
|
1
day
|
11
to 17
|
2
days
|
18
to 24
|
3
days
|
25
to 31
|
4
days
|
32
or more
|
5
days
|
(b) An employee entitled to additional
annual leave under subclauses 30(i)(a), 30(xi)(a) or
17(ii) can elect at any time to be paid an amount equivalent to the value of
accrued additional annual leave in lieu of taking the additional leave,
provided also that salary for the period of additional leave paid out will be
calculated as if the period of leave paid was actually taken.
(c) On termination of employment,
employees are to be paid for untaken annual leave due under this subclause
together with payment for any leave in respect of an uncompleted year of
employment calculated in accordance with this subclause together with payment
for any untaken leave due in accordance with subclause (x). Provided that this subclause shall not apply
to an employee who elects to transfer his or her leave entitlement in
accordance with NSW Health Policy Directive No. PD2019_010 Leave Matters for
the NSW Health Service, as amended from time to time.
31. Annual Leave Loading
Employees shall be paid an annual leave loading in
accordance with NSW Health Policy Directive PD2019_010 Leave Matters for the
NSW Health Service, as amended from time to time.
32. Family and Community Services Leave and
Personal/Carers’ Leave
(i) Family
and Community Services (‘FACS’) Leave and Personal/Carer’s Leave are separate, stand alone entitlements.
(ii) FACS Leave and
Personal/Carer’s Leave are available to all part time and full
time employees covered by this Award in accordance with Parts A, B and D
of this clause.
(iii) FACS Leave and
Personal/Carer’s Leave are available to all casual employees covered by this
Award in accordance with Part C of this clause.
A. FACS Leave
(iv) FACS leave -
general
(a) For the purpose
of this clause relating to FACS Leave:
"relative" means a
person related by blood, marriage or affinity;
"affinity" means a
relationship that one spouse because of marriage has to blood relatives of the other; and
"household" means a
family group living in the same domestic dwelling.
(b) The appropriate Chief
Executive or authorised delegate may grant FACS Leave to an employee:
(1) to provide care
and/or support for sick members of the employee’s relatives or household; or
(2) for reasons
related to the family responsibilities of the employee (e.g. to arrange and or
attend a funeral of a relative; to accompany a relative to a medical
appointment where there is an element of emergency; parent/teacher meetings;
education week activities; to meet elder-care requirements of a relative); or
(3) for reasons
related to the performance of community service by the employee (e.g. in
matters relating to citizenship; to office holders in local government, other than
as a mayor, for attendance at meetings, conferences or other associated duties;
representing Australia or the State in major amateur sport other than in
Olympic/Commonwealth Games); or
(4) in a case of
pressing necessity (e.g. where an employee is unable to attend work because of
adverse weather conditions which either prevent attendance or threaten life or
property; the illness of a relative; where a child carer is unable to look
after their charge).
(v) FACS Leave
replaces Compassionate Leave.
(vi) An employee is
not to be granted FACS Leave for attendance at court to answer a criminal charge, unless the Chief Executive or authorised delegate
approves the grant of leave in the particular case.
Applications for FACS Leave to
attend court, for reasons other than criminal charges, will be assessed on an
individual basis.
The use of FACS leave to attend
court pursuant to clause 11, Leave for Matters arising from Family Violence of
this Award, shall be governed by the provisions of clause 11
(vii) FACS leave - entitlement
(a) The maximum amount of FACS
Leave on full pay that may be granted to an employee is:
- 3 working days during the first year of service,
commencing on and from 1 January 1995, and thereafter 6 working days in any
period of 2 years; or
- 1 working day, on a cumulative basis effective from 1
January 1995, for each year of service after 2 years’ continuous service, minus
any period of FACS Leave already taken by the employee since 1 January 1995,
whichever method provides the greater entitlement.
(b) For the purposes of
calculating entitlement, a working day for employees working an average of 38
hours per week in each roster cycle shall be deemed to consist of 8 hours. The rate at which FACS Leave is paid out and
utilised shall be on actual hours absent from the rostered shift.
(c) FACS Leave is available to
part-time employees on a pro rata basis.
(viii) Additional FACS leave for
bereavement purposes
Where FACS leave has been exhausted,
additional FACS leave of up to 2 days for bereavement may be granted on a
discrete, "per occasion" basis to an employee on the death of a
relative or member of a household as defined in paragraph (iv)(a) of this
clause.
(ix) Use of other leave
entitlements
The appropriate Chief Executive or
authorised delegate may grant an employee other leave
entitlements for reasons related to family responsibilities, or
community service, by the employee.
An employee may elect, with the
consent of the employer, to take annual leave; long service leave; or leave
without pay.
B. Personal/Carer’s
Leave
(x) Use of sick
leave to care for the person concerned - definitions
A person who needs the employee’s
care and support is referred to as the "person concerned" and is:
(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 purpose of this clause
relating to Personal/Carer’s Leave:
"relative" means a
person related by blood, marriage or affinity;
"affinity" means a
relationship that one spouse because of marriage has to blood relatives of the other; and
"household" means a
family group living in the same domestic dwelling.
(xi) Use of sick leave to care for
the person concerned - entitlement
(a) The entitlement to use sick
leave in accordance with this subclause is subject to the employee being
responsible for the care and support of the person concerned; and the person
concerned being as defined in subclause (x) of this clause.
(b) An employee covered by the
provisions of this clause with responsibilities in relation to a person who
needs their care and support shall be entitled to use the untaken sick leave,
from that year’s annual sick leave entitlement, to provide care and support for
such persons when they are ill.
(c) Sick leave accumulates from
year to year. In addition to the current year’s grant of sick leave available
under (b) above, sick leave untaken from the previous three years may also be
accessed by an employee with responsibilities in relation to a person who needs
their care and support.
(d) The Chief Executive or
authorised delegate may, in special circumstances, make a grant of additional
sick leave. This grant can only be taken from sick leave untaken prior to the
period referred to in paragraph (c) above.
(e) The employee shall, if
required, establish either by production of a medical certificate or statutory
declaration, that the illness of the person concerned is such as to require
care by another person.
(f) The employee has the right to
choose the method by which the ground for leave is established, that is, by
production of either a medical certificate or statutory declaration.
(g) The employee is not required
to state the exact nature of the relevant illness on either a medical
certificate or statutory declaration.
(h) The 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.
(i) In
normal circumstances, the employee must not take leave under this subclause
where another person has taken leave to care for the same person.
(xii) Use of other leave
entitlements
An employee may elect, with the
consent of the employer, to take:
(a) annual leave, including
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. An employee and
employer may agree to defer payment of the annual leave loading in respect of
single day absences until at least five consecutive annual leave days are
taken.
(b) an employee may elect with the
employer’s agreement to take annual leave at any time within a period of 24
months from the date at which it falls due;
(c) long service leave; or
(d) leave without pay for the
purpose of providing care and support to the person concerned as defined in
subclause (x) above.
C. Casual
Employee Entitlements
(xiii) Bereavement
entitlements for casual employees
(a) 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 paragraph (iv)(a) of this clause.
(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.
(xiv) Personal carers entitlement for
casual employees
(a) Subject to the evidentiary
and notice requirements in paragraphs (xi)(e)-(h) 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 subclause (x) of this clause who is sick and requires 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.
D. Flexible Work
Practice Alternatives to Using FACS or Personal/Carer’s Leave
(xv) Time off in lieu of payment of
overtime to care for the person concerned
(a) An employee may elect, with
the consent of the employer, to take time off in lieu of payment of overtime at
a time or times agreed with the employer within 12 months of the said election,
to care for the person concerned, as defined in subclause (x) above.
(b) Overtime taken as time off
during ordinary time shall be taken at the ordinary time rate, that is, one
hour off for each hour of overtime worked.
(c) If, having elected to take
time as leave in accordance with (xv)(a) above, the leave is not taken for
whatever reason, payment for time accrued at overtime rates shall be made at
the expiry of the twelve month period from the date the overtime was worked, or
earlier by agreement, or on termination.
(d) Where no election is made in
accordance with paragraph (xv)(a) above, the employee shall be paid overtime
rates in accordance with the provisions of clause 25, Overtime.
(xvi) Use of make-up time
(a) An employee may elect, with
the consent of the employer, to work "make-up time". "Make-up
time" is worked when the employee takes time off during ordinary hours for
family or community service responsibilities, and works those hours at another
time, during the spread of ordinary hours provided for in clauses 4, 5 and 7 of
this 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 during ordinary hours and works those
hours at another time) at the applicable shift work rate under clause 15 of
this Award to the hours taken off.
33. Long Service Leave
(i)
(a) Each employee shall be
entitled to two months long service leave on full pay after ten years’ service;
thereafter additional long service leave shall accrue on the
basis of five months long service leave on full pay for each ten years’
service.
Employees with at least seven
years’ service are entitled, proportionate to their length of service, to a
period of long service leave on the basis of two
months’ long service leave for ten years’ service on full pay.
(b) Where the services of an
employee with at least five years’ service and less than seven years’ service
are terminated by the employer for any reason other than the employee’s serious
and wilful misconduct, or by the employee, on account of illness, incapacity or
domestic or other pressing necessity, he/she shall be entitled to be paid a
proportionate amount for long service leave on the basis of two months’ long
service leave for ten years’ service.
Where the services of an employee
with at least seven years’ service are terminated by the employer or by the
employee, he or she shall be entitled to be paid a proportionate amount for
long service leave on the basis of two months' long service leave for ten
years’ service.
(ii) For the purposes of subclause
(i) of this clause -
(a) "Service" shall
mean service:
(1) as a full time and/or
permanent part time employee in one or more hospitals, public health
organisations, Local Health Districts or former NSW
Area Health Services; and
(2) as a full time and/or
permanent part time employee with any "government sector agency" (as
defined by Schedule 2 of the Government Sector Employment Regulation 2014, as
amended from time to time, hereafter referred to as "the GSER") or
any "Commonwealth or interstate agency" (as defined by Schedule 2 of
the GSER as amended from time to time). In these instances, such service must
meet the relevant provisions of transfer prescribed in the GSER for such
service.
(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 therefrom) in which
case service shall include any period of leave without pay not exceeding six
months taken after 12 March 1975;
(2) any period of part-time
service arising from service under Part IV, Savings Provisions, of clause 29,
Part-time Casual and Temporary Employees, except as provided for in subclause
(x).
(iii) An employee
with an entitlement to long service leave, may elect to access their
entitlement:
(a) on full pay, or
(b) on half pay, or
(c) on double pay.
(iv) When an employee elects to
access their long service leave entitlement the following amounts of long
service leave are to be deducted from the employee’s long service leave
entitlement:
(a) for each period of long
service leave taken on full pay - the number of days so taken,
(b) for each period of long
service leave taken on half pay - half the number of days so taken,
(c) for each period of long
service leave taken on double pay - twice the number of days so taken. This
election is made on the basis that superannuation contributions for an employee
who is a member of the State Authorities Superannuation Scheme or the State
Superannuation Scheme will only be made for the period of the long service
leave actually taken, i.e. contributions will be made at the single time rate.
It is emphasised that the
accessing of long service leave on the basis of either
(a), (b) or (c) above is made by the employee’s voluntary election.
(v) When an employee elects to
access their long service leave entitlement, other leave entitlements will
accrue as follows:
(a) for each period of long
service leave taken on full pay - all other leave entitlements accrue at the
employee’s ordinary rate.
(b) for each period of long
service leave taken on double pay - all other leave entitlements accrue at the
employee’s ordinary rate.
(c) for each period of long
service leave taken on half pay - annual leave entitlements accrue at half the
employee’s ordinary rate while all other leave entitlements accrue at the
employee’s ordinary rate.
(d) This subclause shall apply to
new periods of Long Service Leave taken after 23 February 2011.
(vi) If a public holiday occurs
while an employee is taking long service leave, and but for the taking of the
long service leave the employee would have worked, the amount of long service
leave to be deducted is to be reduced by the public holiday.
(vii) Long service leave shall be
taken at a time mutually arranged between the employer and employee.
(viii) When a licensed private
hospital becomes a public hospital and an employee of the private hospital
thereupon is employed by the public hospital such employee, for the purpose of
calculating service for long service leave shall be deemed to have served in
the industry of nursing for a period equal to 75 per cent of the actual
continuous service with the employer in the private hospital immediately prior
to the hospital becoming a public hospital.
(ix) Full pay shall mean the award
salary without any deduction for accommodation and/or board; provided that an
employer shall be entitled to make such deduction for accommodation as is
authorised by clause 38, Accommodation and Board, if the employee having been
requested by the employer to leave his or her room completely vacant during the
period of long service leave, fails to do so.
(x)
(a) On the termination of
employment of an employee otherwise than by his or 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, unless the employee elects to
transfer his or her leave entitlement in accordance with NSW Health Policy
Directive No. PD2019_010 Leave Matters for the NSW Health Service, as amended
from time to time.
(b) Where an employee who has
acquired a right to long service leave, or after having had five years of
service and less than ten years’ service, dies, the partner of such employee or
if there is no such partner the child/children of such employee (or guardian
such as the case may be) or the legal personal representative 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 or her services been 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 or her death. For the purposes of
this subclause, the term ‘partner’ means a spouse or a de facto partner
(including a same sex de facto partner); and 'child/children' means a child or
an adult child (including adopted child, step child, foster child or ex nuptial
child)
(xi) An employee shall be entitled
to have previous part-time service which is the equivalent of at least two full
days' duty per week taken into account for long service leave purposes in
conjunction with full-time or permanent part-time service on the basis of the
proportion that the actual number of hours worked each week bears to 38 hours,
provided that the part-time service merges without break with the subsequent
full-time or permanent part-time service.
(xii) All employees employed under
Part I - Permanent Part-Time Employees of clause 29, Part-Time, Casual and
Temporary Employees of this Award, will have such service counted for accrual
of long service leave entitlement after 30 June 1986. Such service shall
include the average of all hours worked (excluding overtime) in each year of
service or part thereof and include paid leave taken; in any year or part
thereof in which leave without pay is taken, the period of leave without pay
shall not be included for the purposes of the averaging calculation.
This calculation shall be carried
out for each year of service on the employee’s anniversary date of employment,
and an appropriate entry made into the employees' records.
However, in recognition that data on
the number of hours worked (excluding overtime) may not exist for all the
periods of service after 30 June 1986, if there is a lack of data the employer
is to calculate the long service leave entitlement as follows:
(a) In the first instance, Health
Services should utilise all existing records to determine the average of all
hours worked (excluding overtime) and including paid leave taken for each year
of service;
(b) If the data to determine the
number of hours worked (excluding overtime) is not available prior to the
employee’s 2000/2001 anniversary date, Health Services are to calculate the
long service leave entitlement on the basis of the average of all hours worked
(excluding overtime) in each year of service, and including paid leave taken
since the employee’s 2000/2001 anniversary date.
The resultant average of hours
worked per week from application of (a) or (b) above will then be applied over
the employee’s total period of employment after 30 June, 1986 for which data
does not exist to form the basis for calculating payment for the long service
leave to be taken by the employee for this period. In this situation the employer shall consult
with the employee regarding the lack of data prior to making a final decision
that the data does not exist. In any event, for the purpose of this calculation
the resultant average of all hours worked is to be no less than the employee’s
contracted hours for each year of service.
Entitlement and calculation for
any period of employment prior to 30 June 1986 shall be determined according to
subclause (xi) of this clause.
(xiii) Except as provided for in
subclause (xiv) of this clause, rights to long service leave under this clause
shall be in replacement of rights to long service leave, if any, which at 12
March 1975, may have accrued or may be accruing to an employee and shall apply
only to persons in the employ of the employer on or after 12 March 1975. Where
an employee has been granted long service leave or has been paid its monetary
value prior to 12 March, 1975, the employer shall be entitled to debit such
leave against any leave to which the employee may be entitled pursuant to this
clause.
(xiv) The following provisions apply
only to employees employed in a hospital as at 12 March 1975:
(a) An employee who -
(i) has
had service in a hospital, to which clause 14, Climatic and Isolation
Allowances, applies, prior to 12 March 1975, or
(ii) is employed in a hospital, to
which clause 14, Climatic and Isolation Allowances, applies as at 12 March
1975:
shall be granted long service
leave in accordance with the long service leave provisions in force prior to 12
March 1975, in lieu of the provisions provided by this award where such
benefits are more favourable to the employee.
(b) An employee employed -
(i) on
a part time basis as at 12 March 1975, may be allowed long service leave in
accordance with the long service leave provisions in force prior to 12 March
1975, in lieu of the provisions of the Long
Service Leave Act 1955, as provided for in subclause (x) of this clause;
(ii) on a full time basis as at 12
March 1975 but who has had prior part time service may be allowed to continue
to be granted long service leave in accordance with the long service leave
provisions in force prior to 12 March 1975, in lieu of the provisions provided
by this award where such benefits are more favourable to the employee.
(xv) Employees employed under Part
II - Casual Employees, Part III - Temporary Employees and Part IV - Savings
Provisions of clause 29, Part Time, Casual, and temporary Employees are
entitled to accrue long service leave under the provisions of the Long Service Leave Act 1955, as amended,
subject to meeting the provisions of that Act.
34. Maternity, Adoption and Parental Leave
(i) All
eligible employees covered by this Award are entitled to the provisions of this
clause other than part time employees who receive a part time loading as
prescribed by Part IV - Savings Provisions of clause 29 of this Award (known as
"old part time"), and casual employees.
(ii) Part time employees who
receive a part time loading as prescribed by Part IV - Savings Provisions of
clause 29 of this Award (known as "old part time") and casual
employees are entitled to parental leave in accordance with the provisions of
Part 4, Parental Leave, of the Industrial
Relations Act 1996. The following
provisions shall also apply in addition to those set out in the Industrial Relations Act 1996 (NSW).
(a) An employer must not fail to
re-engage a regular casual employee (see section 53 (2) of the Act) because:
- the employee
or employee's spouse is pregnant; or
- 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.
(b) Part time employees who
receive a part time loading as prescribed by Part IV - Savings Provisions of
clause 29 of this Award are entitled to the provisions of Part D, Right to
Request and Part E, Communication During Leave of this clause.
(iii) Liability for
Superannuation Contributions
During a period of unpaid maternity,
adoption or parental leave, the employee will not be required to meet the
employer's superannuation liability.
A. Maternity
Leave
(i) Eligibility
for Paid Maternity Leave -
To be eligible for paid maternity
leave a full time or permanent part time employee must have completed at least
40 weeks continuous service prior to the expected date of birth.
An employee who has once met the
conditions for paid maternity leave will not be required to work again the 40
weeks continuous service in order to qualify for a further period of paid
maternity leave, unless;
(a) there has been
a break in service where the employee has been re-employed or re-appointed
after a resignation, medical retirement, or after her services have been
otherwise dispensed with; or
(b) the employee has
completed a period of leave without pay of more than 40 weeks. In this context,
leave without pay does not include sick leave without pay, maternity leave
without pay, or leave without pay associated with an illness or injury compensable
under the Workers' Compensation Act
1987.
(ii) Portability of Service for
Paid Maternity Leave -
Portability of service for paid
maternity leave involves the recognition of service in government sector
organisations for the purpose of determining an employee's eligibility to
receive paid maternity leave. For example, where an employee moves between a
government sector department and a public hospital, previous continuous service
will be counted towards the service prerequisite for paid maternity leave.
When determining an employee's
eligibility for paid maternity leave, continuous service with an organisation
that is part of the government sector service as defined in the Government
Sector Employment Act will be recognised, provided that:
(a) service was on a full-time or
permanent part-time basis;
(b) cessation of service with the
former employer was not by reason of dismissal on any ground, except
retrenchment or reduction of work;
(c) the employee commences duty with
the new employer on the next working day after ceasing employment with the
former employer (there may be a break in service of up to two months before
commencing duty with the new employer provided that the new position was
secured before ceasing duty with the former employer. However, such a break in
service will not be counted as service for the purpose of calculating any prior
service prerequisite for paid maternity leave.
(iii) Entitlement to Paid Maternity
Leave -
(a) An eligible employee is entitled
to fourteen weeks at the ordinary rate of pay from the date maternity leave
commences. This leave may commence up to fourteen weeks prior to the expected
date of birth.
It is not compulsory for an
employee to take this period off work. However, if an employee decides to work
during the nine weeks prior to the expected date of birth it is subject to the
employee being able to perform satisfactorily the full range of normal duties.
Paid maternity leave may be paid:
- on a normal
fortnightly basis; or
- in advance in
a lump sum; or
- at the rate of
half pay over a period of twenty-eight weeks on a regular fortnightly basis.
Annual and/or long service leave credits can be
combined with periods of maternity leave on half pay to enable an employee to
remain on full pay for that period.
(iv) Unpaid Maternity Leave
(a) Full time and permanent part
time employees who are entitled to paid maternity leave are entitled to a
further period of unpaid maternity leave of not more than 12 months after the
actual date of birth.
(b) Full time and permanent part
time employees who are not eligible for paid maternity leave are entitled to
unpaid maternity leave of not more than 12 months.
(c) Full time and permanent part
time employees may also apply for additional unpaid maternity leave as provided
for in subclause (i)(b) of Part D, Right to Request,
of this clause.
(v) Applications -
An employee who intends to proceed
on maternity leave should formally notify her employer of such intention as
early as possible, so that arrangements associated with her absence can be
made.
Written notice of not less than
eight weeks prior to the commencement of the leave should accordingly be given.
This notice must include a medical certificate stating the expected date of
birth and should also indicate the period of leave desired.
(vi) Variation after Commencement
of Leave -
After commencing maternity leave,
an employee may vary the period of her maternity leave, once without the
consent of her employer and otherwise with the consent of her employer. A
minimum of fourteen days’ notice must be given, although an employer may accept
less notice if convenient.
The conditions relating to
variation of maternity leave are derived from Section 64 of the Industrial Relations Act 1996.
(vii) Staffing Provisions -
In accordance with obligations
established by the Section 69 of the Industrial
Relations Act 1996, any person who occupies the position of an employee on
maternity leave must be informed that the employee has the right to return to
her former position. Additionally, since an employee has the right to vary the
period of her maternity leave, offers of temporary employment should be in writing,
stating clearly the temporary nature of the contract
of employment. The duration of employment should be also set down clearly; to a
fixed date or until the employee elects to return to duty, whichever occurs
first.
(viii) Effect of Maternity Leave on
Accrual of Leave, Increments etc.
When the employee has resumed
duties, any period of full pay leave is counted in full for the accrual of
annual leave, sick leave and long service leave and any period of maternity
leave on half pay is taken into account to the extent of one half thereof when
determining the accrual of annual leave, sick leave and long service leave.
Except in the case of employees
who have completed ten years' service the period of maternity leave without pay
does not count as service for long service leave purposes. Where the employee has completed ten years'
service the period of maternity leave without pay shall count as service
provided such leave does not exceed six months.
Maternity leave without pay does
not count as service for incremental purposes. Periods of maternity leave at
full pay and at half pay are to be regarded as service for incremental
progression on a pro-rata basis.
Where public holidays occur during
the period of paid maternity leave, payment is at the rate of maternity leave
received i.e., public holidays occurring in a period of full pay maternity
leave are paid at full rate and those occurring during a period of half pay
leave are paid at half rate.
(ix) Illness Associated with
Pregnancy -
If, because of an illness
associated with her pregnancy an employee is unable to continue to work then
she can elect to use any available paid leave (sick, annual and/or long service
leave) or to take sick leave without pay.
Where an employee is entitled to
paid maternity leave, but because of illness, is on sick, annual, long service
leave, or sick leave without pay prior to the birth, such leave ceases nine
weeks prior to the expected date of birth. The employee then commences
maternity leave with the normal provisions applying.
(x) Transfer to a More Suitable
Position -
Where, because of an illness or
risk associated with her pregnancy, an employee cannot carry out the duties of
her position, an employer is obliged, as far as practicable, to provide employment
in some other position that she is able to satisfactorily perform. This
obligation arises from section 70 of the Industrial
Relations Act 1996. A position to which an employee is transferred under
these circumstances must be as close as possible in status and salary to her
substantive position.
(xi) Miscarriages -
In the event of a miscarriage any
absence from work is to be covered by the current sick leave provisions
(xii) Stillbirth -
In the case of a stillbirth, (as
classified by the Registry of Births, Deaths and Marriages) an employee may
elect to take sick leave, subject to production of a medical certificate, or
maternity leave. She may resume duty at
any time provided she produces a doctor's certificate as to her fitness.
(xiii) Effect of Premature Birth on
Payment of Maternity Leave -
An employee who gives birth
prematurely and prior to proceeding on maternity leave shall be treated as
being on maternity leave from the date leave is commenced to have the
child. Should an employee return to duty
during the period of paid maternity leave, such paid leave ceases from the date
duties are resumed.
(xiv) Right to Return to Previous
Position -
In accordance with the obligations
set out in section 66 of the Industrial
Relations Act 1996 an employee returning from maternity leave has the right
to resume her former position.
Where this position no longer
exists, the employee is entitled to be placed in a position nearest in status
and salary to that of her former position and for which the employee is capable
or qualified.
(xv) Further Pregnancy While on
Maternity Leave -
Where an employee becomes pregnant
whilst on maternity leave a further period of maternity leave shall be
granted. If an employee enters on the
second period of maternity leave during the currency of the initial period of
maternity leave, then any residual maternity leave from the initial entitlement
ceases.
An employee who commences a
subsequent period of maternity leave while on unpaid maternity leave under
paragraph (iv)(a) of Part A of this clause or paragraph (i)(b)
of Part D of this clause is entitled to be paid at their normal rate (i.e. the
rate at which they were paid before proceeding on maternity leave).
An employee who commences a
subsequent period of maternity leave during the first 12 months of a return to
duty for less than full time hours as provided under paragraph (i)(c) of Part D of this clause is entitled to be paid at
their substantive full time rate for the subsequent period of maternity leave.
An employee who commences a
subsequent period of maternity leave more than 12 months after returning to
duty for less than full time hours under paragraph (i)(c)
of Part D of this clause, will be entitled to paid maternity leave for the
subsequent period of maternity leave at their part time rate.
B. Adoption
Leave
(i) Eligibility
-
All full time and permanent part
time employees who are adopting a child and are to be the primary care giver of
the child are eligible for unpaid adoption leave.
To be eligible for paid adoption
leave a full time or permanent part time employee must also have completed at
least 40 weeks continuous service prior to the date of taking custody of the
child.
An employee who has once met the
conditions of paid adoption leave, will not be required to again work the 40
weeks continuous service in order to qualify for further periods of paid
adoption leave, unless;
(a) there has been a break in
service where the employee has been re-employed or re-appointed after a
resignation, medical retirement, or after their services have been otherwise
dispensed with; or
(b) the employee has completed a
period of leave without pay of more than 40 weeks. In this context, leave
without pay does not include sick leave without pay, maternity leave without
pay, or leave without pay associated with an illness or injury compensable
under the Workers Compensation Act
1987.
(ii) Entitlement -
(a) Paid Adoption Leave -
Eligible employees are entitled to
paid adoption leave of fourteen weeks at the ordinary rate of pay from and including
the date of taking custody of the child.
Paid adoption leave may be paid: -
- on a normal
fortnightly basis; or
- in advance in
a lump sum; or
- at the rate of
half pay over a period of twenty-eight weeks on a regular fortnightly basis.
Annual and/or long service leave
credits can be combined with periods of adoption leave at half pay to enable an
employee to remain on full pay for that period.
(b) Unpaid Adoption Leave -
Eligible employees are entitled to
unpaid adoption leave as follows:
- where the
child is under the age of 12 months - a period of not more than 12 months from
the date of taking custody;
- where the
child is over the age of 12 months - a period of up to 12 months, such period
to be agreed upon by both the employee and the employer.
(iii) Applications -
Due to the fact that an employee
may be given little notice of the date of taking custody of a child, employees who
believe that, in the reasonably near future, they will take custody of a child,
should formally notify the employer as early as practicable of the intention to
take adoption leave. This will allow arrangements associated with the adoption
leave to be made.
(iv) Variation after Commencement
of Leave -
After commencing adoption leave,
an employee may vary the period of leave, once without the consent of the
employer and otherwise with the consent of the employer. A minimum of fourteen
days’ notice must be given, although an employer may accept less notice if
convenient.
(v) Portability of Service for
Paid Adoption Leave -
As per maternity leave conditions.
(vi) Staffing Provisions -
As per maternity leave conditions.
(vii) Effect of Adoption Leave on
Accrual of Leave, Increments, etc.
As per maternity leave conditions.
(viii) Right to return to previous
position -
As per maternity leave conditions.
C. Parental
Leave -
(i) Eligibility
To be eligible for parental leave a full time or
permanent part time employee must have completed at least 40 weeks continuous
service prior to the expected date of birth or to the date of taking custody of
the child.
An employee who has once met the conditions for paid
parental leave will not be required to again work the 40 weeks continuous
service in order to qualify for a further period of
paid parental leave, unless:
(a) there has been a break in
service where the employee has been re-employed or re-appointed after a
resignation, medical retirement, or after their services have been otherwise
dispensed with; or
(b) the employee has completed a
period of leave without pay of more than 40 weeks. In this context, leave
without pay does not include sick leave without pay, maternity leave without
pay, or leave without pay associated with an illness or injury compensable
under the Workers' Compensation Act 1987.
(ii) Portability of Service for
Paid Parental Leave
As per maternity leave conditions.
(iii) Entitlements
Eligible employees whose spouse or
partner (including a same sex partner) is pregnant or is taking custody of a
child are entitled to a period of leave not exceeding 52 weeks which includes
one week of paid leave, and may be taken as follows:
(a) an unbroken period of up to
one week at the time of the birth of the child, taking custody of the child or
other termination of the pregnancy (short parental leave); and
(b) a further unbroken period in order to be the primary caregiver of the child (extended
parental leave).
(c) The entitlement of one weeks’
paid leave may be taken at any time within the 52 week
period and shall be paid:
- at the
employee’s ordinary rate of pay for a period not exceeding one week on full
pay; or
- two weeks at half
pay or the period of parental leave taken, whichever is the lesser period.
Annual and/or long service leave credits
can be combined with periods of parental leave on half pay to enable an
employee to remain on full pay for that period.
(d) Extended parental leave cannot
be taken at the same time as the employee’s spouse or partner is on maternity
or adoption leave except as provided for in paragraph (i)(a)
of Part D, Right to Request, of this clause.
(iv) Applications
An employee who intends to proceed
on parental leave should formally notify their employer of such intention as
early as possible, so that arrangements associated with their absence can be
made.
(a) In the case of
extended parental leave, the employee should give written notice of the
intention to take the leave.
(b) The employee
must, at least four weeks before proceeding on leave, give written notice of
the dates on which they propose to start and end the period of leave, although
it is recognised in situations of taking custody of a child, little or no
notice may be provided to the employee.
In such an instance, the employee should notify the employer as early as
practicable.
(c) The employee
must, before the start of leave, provide a certificate from a medical
practitioner confirming that their spouse or partner is pregnant and the
expected date of birth, or in the case of an adoption, an official form or
notification on taking custody of the child.
(d) In the case of
extended parental leave, the employee must, before the start of leave, provide
a statutory declaration by the employee stating:
(i) if
applicable, the period of any maternity leave sought or taken by his spouse,
and
(ii) that they are
seeking the period of extended parental leave to become the primary care giver
of the child.
(v) Variation after Commencement
of Leave
After commencing parental leave,
an employee may vary the period of her/his parental leave, once without the
consent of the employer and otherwise with the consent of the employer. A
minimum of fourteen days’ notice must be given, although an employer may accept
less notice if convenient.
(vi) Effect of
Parental Leave on Accrual of Leave, Increments etc.
As per maternity leave conditions.
(vii) Right to return
to Previous Position
As per maternity leave conditions.
D. Right
to Request
(i) An
employee entitled to maternity, adoption or parental leave may request the
employer to allow the employee:
(a) to extend the
period of simultaneous maternity, adoption or parental leave use up to a
maximum of eight weeks;
(b) to extend the
period of unpaid maternity, adoption or extended parental leave taken for a
further continuous period of leave not exceeding 12 months;
(c) to return to
duty for less than the full time hours they previously
worked by taking weekly leave without pay.
to assist the employee in
reconciling work and parental responsibilities.
(ii) 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.
(iii) The employee’s
request and the employer’s decision made under paragraph (i)(b)
and (c) must be recorded in writing.
(iv) Where an
employee wishes to make a request under paragraph (i)(c):
(a) the employee is
to make an application for leave without pay to reduce their full
time weekly hours of work
(b) such application
must be made as early as possible to enable the employer to make suitable
staffing arrangements. At least four
weeks’ notice must be given.
(c) all requests
are to be considered having regard to the terms of NSW Health Policy Directive No.
2019_010 Leave Matters for NSW Health Service, as amended from time to time.
(d) Salary and other
conditions of employment are to be adjusted on a basis proportionate to the
employee’s full time hours of work i.e. for long service leave the period of service
is to be converted to the full time equivalent, and credited accordingly.
(e) It should be
noted that employees who return from maternity, adoption or parental leave
under this arrangement remain full time employees. Therefore, the payment of any part time
allowance to such employees does not arise.
E. Communication
During Leave
(i) Where
an employee is on maternity, adoption or parental leave and a definite decision
has been made to introduce significant change at the workplace, the employer shall
take reasonable steps to:
(a) 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 the leave; and
(b) 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 leave.
(ii) 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 leave to be
taken, whether the employee intends to return to work and whether the employee
intends to request to return to work on a part-time basis.
(iii) 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 subclause (i).
F. Commonwealth
Paid Parental Leave (CPPL)
(i) From
1 January 2011 the CPPL scheme may be available to eligible employees.
(ii) The CPPL is
independent of other leave entitlements and is in addition to paid parental
leave entitlements.
35. Military Leave
Employees shall be granted military leave in accordance with
NSW Health Policy Directive No. PD2019_010 Leave Matters for the NSW Health
Service, as amended from time to time.
36. Repatriation Leave
Ex-servicemen/women shall be granted repatriation leave in
accordance with NSW Health Policy Directive PD2019_010 Leave Matters for the
NSW Health Service, as amended from time to time.
37. Sick Leave
(i) Subject
to the following limitation and conditions an employee shall be entitled to
sick leave on full pay calculated by allowing 76 rostered ordinary hours of
work for each year of continuous service less any sick leave on full pay
already taken:
(a) An employee
shall not be entitled to sick leave until after three months continuous
service.
(b) An employee
shall not be entitled to sick leave on full pay for any period in respect of
which such employee is entitled to accident pay, or workers' compensation;
provided, however that where an employee is not in receipt of accident pay, an
employer shall pay to an employee, who has sick leave entitlements under this
clause, the difference between the amount received as workers compensation and
full pay.
The 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.
(c) All periods of
sickness shall be certified to by the Medical Superintendent or Director of
Nursing of the employer or by the employee's own legally qualified medical
practitioner or dentist. The employer may dispense with the requirement of a
medical certificate where the absence does not exceed 2 consecutive days or
where, in the employer's opinion, the circumstances are such as not to warrant
such requirement.
(d) Each employee
shall, as soon as reasonably practicable and in any case within 24 hours of the
commencement of such absence, inform the employer of his or her inability to
attend for duty and as far as possible state the nature of the injury or
illness and the estimated duration of the absence.
(e) Where an
employee is absent on sick leave for a total of 10 working days in any one year
of service and has no sick leave entitlement carried over from previous years,
that employee will continue to be paid for an additional 4 hours even though no
sick leave credit might exist. Such additional payment will not affect the
subsequent year’s sick leave entitlement, ie. it is
"special sick leave", not "sick leave in advance" (see NSW
Health Policy Directive No. PD2019_010 Leave Matters for the NSW Health
Service, as amended from time to time).
(ii) The employer
shall not change the rostered hours of an employee fixed by the roster or
rosters applicable to the fourteen days immediately following the commencement
of sick leave merely by reason of the fact that she or he is on sick leave.
(iii) For the purpose
of this clause "Service" means service in the industry of nursing.
(iv) For the purpose
of this clause continuity of service in the industry of nursing shall not be
broken by:
(a) absences from such industry
on account of illness;
(b) periods of absences from such
industry immediately following termination of employment, in respect of which
employment a pro rata payment has been made for annual leave or long service
leave, but not exceeding the period the employee would have been required to
work to earn as salary an amount equal to such pro rata payment;
(c) absence from such industry
for the purpose of pursuing a post-graduate course in nursing (i.e. a course
which results in obtaining a certificate, diploma or qualification) whether in
Australia or elsewhere; and where the course is pursued outside Australia an
employee shall be deemed to be absent for the purpose of pursuing the course
throughout the time reasonably occupied travelling to the place of study and
return to Australia, the actual duration of the course, a period of three
months after completion of the course and before returning to Australia and a
period of one month after returning to Australia;
(d) any reasonable absence from
the industry occasioned by an employee transferring from one employer to
another in such industry but not exceeding 28 days on any one occasion;
(e) periods of employment nursing
in hospitals in New South Wales other than the hospitals covered by this Award
and in the Canberra Community Hospital and Woden Valley Hospital; provided that
this period of absence shall not be counted as service for the purpose of
calculating sick leave.
(v) Part Time Employees : a part
time employee shall be entitled to sick leave in the same proportion of the
seventy six hours as the average weekly hours worked over the preceding twelve
months or from the time of the commencement of employment, whichever is the
lesser, bears to thirty-eight ordinary hours. Such entitlements shall be
subject to all the above conditions applying to full time employees. Provided
that only part time service on and from the beginning of the first pay period
to commence on or after 1 January 1970, shall count for the purpose of this
subclause.
(vi) Subject to the provision of a
satisfactory medical certificate and sick leave being due, annual leave or long
service leave (extended leave) shall be re-credited where an illness of at
least one week's duration occurs during the period of annual or long service
leave: Provided that the period of leave
does not occur prior to retirement, resignation or termination of services, and
provided further that the employer is satisfied on the circumstances and the
nature of the incapacity.
(vii) In addition to the sick leave
prescribed in subclause (i) of this clause, Flight
Nurses shall be entitled to an additional 38 hours sick leave in any period of
12 months. Any unused additional sick leave shall not accumulate from year to
year.
38. Accommodation and Board
(i) The
employer shall where practicable provide for the use
of employees who live in:
(a) Directors of Nursing: In a
public hospital of which the registered number of beds is 9 or more, private
quarters which shall comprise a bedroom, sitting room, bathroom, and toilet
with appropriate furniture and fittings including a washing machine,
refrigerator and stove or stovette and facilities for preparing light
refreshments; provided that where the normal nursing staff does not exceed 7,
it shall not be necessary to provide for the Director of Nursing a separate
bathroom and toilet facilities, a washing machine, refrigerator and a stove or
stovette.
(b) Employees other than Directors
of Nursing:
(1) Dining facilities suitable to
the reasonable needs of the nursing staff.
(2) A lounge room suitable to the
reasonable needs of the staff.
(3) A study for student nurses;
provided that this provision shall apply only to public hospitals which are
registered training schools.
(4) At least one plunge bath
(with shower) for each 12 (or fraction thereof) employees and in addition at
least one separate shower cubicle for each 12 (or fraction thereof) employees.
(5) At least one lavatory (if in
a bathroom adequately partitioned off from the bathing facilities) for each 8
(or fraction thereof) employees.
(6) A kitchen or kitchenette
equipped with reasonable facilities for storing and preparing light
refreshments and with normal kitchen utensils, stove or stovette, refrigerator,
china, crockery and cutlery.
(7) Suitable facilities including
a washing machine for the laundering and drying of personal clothing.
(8) A separate bedroom of such
dimensions as to provide a floor area of not less than 100 square feet and
which contains suitable floor coverings and a bedside lamp and fittings and
shall be furnished with a bed, a dressing table, a wardrobe (built-in cupboard)
of adequate size and a chair.
(9) Where it is necessary for 2
or more employees to sleep in a bedroom 750 cubic feet of space shall be
provided for each employee. Such bedroom
shall contain suitable floor coverings and for each employee the employer shall
provide a bed, a dressing table, a wardrobe (built-in cupboard) of adequate
size and a chair.
(10) In respect of subparagraphs
(2), (4), (5), and (6) of this paragraph separate provision shall be made for
trained and untrained staff; provided that as to subparagraphs (2), (4) and (5)
of this paragraph this provision shall not apply in a public hospital in which
the normal number of nursing staff is less than 12.
(11) Adequate heating suitable to
the reasonable needs of the staff present shall be provided in the lounge room
during the wintertime.
(ii) The employer shall provide
such domestic staff as is necessary to maintain the
accommodation in a proper condition at all times.
(iii) The following deductions from
salary shall be made by an employer for accommodation:
(a) Directors of Nursing and
employees occupying separate bedroom accommodation of a reasonable standard: an
amount as set in Item 15 of Table 2 of Part B per week.
(b) Directors of Nursing provided
with a self-contained flat attached to the public hospital's nurses home; an
amount as set in the said Item 15 per week.
(iv) An employer shall provide for
employees who live in, full board of 21 meals per week and the meals shall
consist of an adequate quantity of wholesome well-cooked and well-prepared
food-stuffs including green vegetables and fruit in season and in addition the
employer shall provide tea, coffee, milk and sugar for morning and afternoon
tea and supper and early morning tea for employees on night or early morning
duty. An employer who complies with the foregoing provisions of this subclause
may make a deduction as set out in Item 16 of table 2 of Part B per week.
(v)
(a) The employer shall provide
for the use of employees who live out:
(1) a suitable change room and
adequate washing and toilet facilities; provided that the washing and toilet
facilities need not be distinct from those provided for employees who live in
and this provision shall not apply to a public hospital the registered number
of beds of which is less than 9;
(2) a full-length locker fitted
with lock and key or other suitable place for the safe keeping of clothing and
personal effects of such employee;
(b) An employer shall provide for an
employee who lives out, tea, coffee, milk and sugar for morning and afternoon
tea, supper and early morning tea when the employee is on duty at times
appropriate for the partaking thereof and shall provide also for such an
employee who requires them, meals of the standard specified in subclause (iv)
of this clause, which fall during the duty period and for such meals so
provided may make a charge, provided that the charge for breakfast and other
meals shall be as set in Item 17 of Table 2 of Part B.
(vi) The charges referred to in
subclauses (iii), (iv) and (v) to be adjusted in accordance with any general
movement in wage rates in this award. The Director-General of Health may apply
for additional adjustments from time to time based on the differences between
such wage increases and the actual cost of providing these services. Provided that an employer may waive all or
part of these charges at its discretion as an incentive to recruitment of
nurses.
(vii) Where an employee partakes of
a meal from a cafeteria service provided by a public hospital or public health
organisation, he or she shall be required to pay the charge fixed for such meal
in lieu of the meal charges prescribed in subclauses (iv) or (v) of this
clause.
39. Grading Committee
A Committee consisting of two representatives of the
employer and two representatives of the Association shall be constituted to
consider and make recommendations to the employer in relation to:
(a) any request or proposal to
establish or alter the grading of positions of Nursing Unit Manager;
(b) the date of effect of any
grading recommended.
Provided that:
(i) an
employee shall, whilst the grading or remuneration of his or her position is
under consideration, be ineligible to be a member of the Committee;
(i) the
Committee shall not, without sufficient reason, recommend the retrospective
operation of any grading or remuneration; and
(iii) where a retrospective date of
effect is recommended, such date shall not be earlier than a date six months
prior to the date on which the matter was referred to the Committee.
40. Grading of Nurse/Midwife Manager Positions
(i) All
positions of Nurse/Midwife Manager, as defined in Clause 3, Definitions of this
award shall be graded by the employer in accordance with the Work Level
Statements set out in Schedule 1 to this award.
(ii) The employer
may determine a higher grading including a multi-grade, e.g. Grade 4-5, Grade
6-7, etc., than provided for under the Work Level Statements where the
requirements of the position involve a higher level of complexity and/or an
extended role to that generally comprehended by the otherwise applicable Work
Level Statement.
(iii) Progression to
the second salary point in each grade will occur after 12 months satisfactory
service in that grade. Provided that accelerated progression within the 12 month period, or on commencement of employment, may occur
where the employer is satisfied that such progression is warranted in an
individual case.
(iv) If dissatisfied
with the grade as determined in any individual case, the Association may
discuss the matter with the local Health Service management and, if still
dissatisfied, may apply for a review of the grading by the Ministry of Health
and the Association at a central level.
(v) No employee is
to suffer a reduction in salary as a result of the
implementation of the new structure. Where an employee would ordinarily be
classified at a grade which carries a salary less than his or her current
salary he or she shall retain his or her current salary, including all future
increases thereto, on a strictly personal basis, while ever he or she remains
in the current position.
(vi) Employees seeking
appointment to positions of Nurse Manager are generally expected to possess the
core knowledge and skills appropriate to the respective grades as set out in
Schedule 1 to this award.
41. Deputy Directors of Nursing, Assistant
Directors of Nursing
(i) The
following appointments shall be made in public hospitals with adjusted daily
averages of occupied beds as specified hereunder:
Less than 150 beds
|
-
|
a Deputy Director of Nursing
|
|
|
|
150 beds and over
|
-
|
a Deputy Director of Nursing, Assistant Directors of
Nursing.
|
(ii) Appointments under subclause
(i) of this clause shall be made within two calendar
months of the date this award becomes operative and thereafter within two
calendar months of the occurrence of a vacancy.
In default of appointment within the said period of two calendar months,
the registered nurse employed as such or in a higher classification who has
customarily relieved in the vacant position, or if no one has so customarily
relieved, the registered nurse employed in the same or the next senior
classification below the vacant position with the longest service in such
classification at the public hospital, shall be deemed to be appointed until
such time as another appointment is made by the employer.
(iii) This clause shall not apply
to a hospital using members, novices or aspirants of
religious orders where a member of an order carries out the duties under this
clause of an Assistant Director of Nursing or Deputy Director of Nursing.
42. Proportion
Except in cases of emergency not more than four enrolled
nurses and/or assistants in nursing to each registered nurse shall be employed
in a public hospital and for this purpose a Director of Nursing shall count.
43. Medical Examination of Nurses
See NSW Health Policy Directives No PD2019_010 Leave Matters
for NSW Health Service and PD2017_040 Recruitment and Selection of Staff to the
NSW Health Service as amended from time to time.
44. Domestic Work
Except as hereinafter provided, nurses shall not be required
to perform, as a matter of routine, the following duties: viz.; washing,
sweeping, polishing and/or dusting of floors, walls or windows of wards, corridors,
annexes, bathrooms or verandas or any duties which are generally performed by
classifications other than nursing staff, but this provision shall not preclude
the employment of nurses on any such duties in an isolation block or where the
performance of those duties involves disinfection.
45. Termination of Employment
(i) Except
for misconduct justifying summary dismissal, the services of an employee shall
be terminated only by fourteen days’ notice or by payment of fourteen days
salary in lieu thereof in the case of an employee other than a Director of
Nursing, and by twenty-eight days’ notice or by the payment of twenty-eight
days salary in lieu thereof in the case of a Director of Nursing.
(ii) No employee shall, without
the consent of the employer, resign without having given fourteen days’ notice
(or in the case of a Director of Nursing, twenty eight days’ notice) of
intention so to do or forfeiting salary earned during the pay period current at
the time of resignation; provided that in no circumstances shall the employee
forfeit more than fourteen days’ pay at the rate prescribed for his or her
classification by clause 8, Salaries.
(iii) Employees who have accrued additional
days off duty pursuant to subclause (vii) of clause 4, Hours of Work and Free
Time of Employees Other Than Directors of Nursing and Area Managers, Nurse
Education, shall be paid for such accrued time at ordinary rate of pay upon
termination.
(iv) Upon the termination of the
services of an employee, the employer shall furnish the employee with a written
statement, duly signed by or on behalf of the employer, setting out the period
of the employment and the capacity in which the employee was employed.
46. Labour Flexibility
(i) An
employer may direct an employee to carry out such duties as are reasonable and
within the limits of the employee's skill, competence
and training provided that such duties are not designed to promote deskilling.
(ii) An employer may direct an
employee to carry out such duties and use such tools and equipment as may be
required provided that the employee has been properly trained or has otherwise
acquired the necessary skills in the use of such tools and equipment.
(iii) Any direction issued by an
employer pursuant to subclause (i) and (ii) shall be
consistent with the employer's responsibilities to provide a safe and healthy
working environment.
(iv) Existing provisions with
respect to the payment of mixed functions/higher duties allowances shall apply
in such circumstances.
47. Right of Entry
See Chapter 5, Part 7 of the Industrial Relations Act 1996 and Part 7 of the Work Health and Safety Act 2011 (as amended
or replaced).
48. Disputes
(i) All
parties must use their best endeavours to cooperate in order
to avoid any grievances and/or disputes.
(ii) Where a dispute arises in any
public hospital or public health organisation, regardless of whether it relates
to an individual nurse or to a group of nurses, the matter must be discussed in
the first instance by the nurse(s) (or the Association on behalf of the
nurse(s) if the nurse(s) so request(s)) and the immediate supervisor of that
nurse(s).
(iii) If the matter is not resolved
within a reasonable time it must be referred by the nurse(s)' immediate
supervisor to the Chief Executive Officer of the employer (or his or her
nominee) and may be referred by the nurse(s) to the Association’s Head
Office. Discussions at this level must
take place and be concluded within 2 working days of referral or such extended
period as may be agreed.
(iv) If the matter remains
unresolved, the Association must then confer with the appropriate level of management
(i.e. at Public Hospital/Local Health District or Public Health
organisation/Ministry level, depending on the nature and extent of the matter).
Discussions at this level must take place and be concluded within two working
days of referral or such extended period as may be agreed.
(v) If these procedures are
exhausted without the matter being resolved, or if any of the time limits set
out in those procedures are not met, either the Association or the employer may
seek to have the matter mediated by an agreed third party, or the matter may be
referred in accordance with the provisions of the Industrial Relations Act 1996 (NSW) to the Industrial Relations
Commission for its assistance in resolving the issue.
(vi) During these procedures normal
work must continue and there must be no stoppages of work, lockouts, or any
other bans or limitations on the performance of work.
(vii) The status quo before the
emergence of the issue must continue whilst these procedures are being
followed. For this purpose, 'status quo' means the work procedures and
practices in place:
(a) immediately before the issue
arose; or
(b) immediately before any change
to those procedures or practices, which caused the issue to arise, was made.
The Employer must ensure that all practices
applied during the operation of these procedures are in accordance with safe
working practices.
(viii) Throughout all stages of these
procedures, adequate records must be kept of all discussions.
(ix) These procedures will be
facilitated by the earliest possible advice by one party to the other of any
issue or problem which may give rise to a grievance or dispute.
49. Anti-Discrimination
(i) It
is the intention of the parties bound by this award to seek to achieve the
object of section 3(f) of the Industrial
Relations Act 1996 to prevent and eliminate discrimination in the
workplace. This includes discrimination on the grounds of race, sex, marital
status, disability, homosexuality, transgender identity
and age.
(ii) It follows that in fulfilling
their obligations under the dispute resolution procedure prescribed by this
award the parties have obligations to take all reasonable steps to ensure that
the operation of the provisions of this award are not directly or indirectly
discriminatory in their effects. It will be consistent with the fulfilment of
these obligations for the parties to make application to vary any provision of
the award which, by its terms or operation, has a direct or indirect
discriminatory effect.
(iii) Under the Anti-Discrimination Act 1977, it is
unlawful to victimise an employee because the employee has made or may make or
has been involved in a complaint of unlawful discrimination or harassment.
(iv) Nothing in this clause is to
be taken to affect:
(a) any conduct or act which is
specifically exempted from anti-discrimination legislation:
(b) offering or providing junior
rates of pay to persons under 21 years of age;
(c) any act or practice of a body
established to propagate religion which is exempted under Section 56(d) of the Anti-Discrimination Act 1977;
(d) a party to this award from
pursuing matters of unlawful discrimination in any State or Federal
jurisdiction.
(v) This clause does not create
legal rights or obligations in addition to those imposed upon the parties by
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".
50. Exemption
This award shall not apply to -
(i) members,
novices or aspirants of religious orders in public hospitals;
(ii) the Sydney Dental Hospital provided that nurses employed thereat are paid not less than
the appropriate salaries prescribed by this award.
51. Salary Packaging
(i) By
agreement with their employer, employees may elect to package a part or all of
their salary in accordance with this clause, to obtain a range of benefits as
set out in NSW Health Policy Directive PD2018_044 Salary Packaging, as amended
from time to time. Such election must be made prior to the commencement of the
period of service to which the earnings relate. Where an employee also elects
to salary sacrifice to superannuation under this award, the combined amount of
salary packaging/sacrificing may be up to 100 per cent of salary.
Any salary packaging above the
fringe benefit exemption cap will attract fringe benefits tax as described in
subclause (iv) below.
(ii) Where an employee elects to
package an amount of salary:
(a) Subject to Australian
taxation law, the packaged amount of salary will reduce the salary subject to
appropriate PAYG taxation deductions by that packaged amount.
(b) Any allowance, penalty rate,
overtime payment, payment for unused leave entitlements, weekly worker’s
compensation, or other payment other than any payment for leave taken in
service, to which an employee is entitled under this award or statute which is
expressed to be determined by reference to an employee’s salary, shall be
calculated by reference to the salary which would have applied to the employee
under this award in the absence of any salary packaging or salary sacrificing
made under this award.
(c) "Salary" for the
purpose of this clause, for superannuation purposes, and for the calculation of
award entitlements, shall mean the award salary as specified in clause 9,
Salaries, and which shall include "approved employment benefits"
which refer to fringe benefit savings, administration costs, and the value of
packaged benefits.
(iii) Any pre-tax and post-tax
payroll deductions must be taken into account prior to
determining the amount of available salary to be packaged. Such payroll
deductions may include but are not limited to superannuation payments, HECS
payments, child support payments, judgement debtor/garnishee orders, union fees
and private health fund membership fees.
(iv) The salary packaging scheme
utilises a fringe benefit taxation exemption status conferred on public
hospitals and Local Health Districts, which provides for a fringe benefits tax
exemption cap of $17,000 per annum. The maximum amount of fringe benefits-free
tax savings that can be achieved under the scheme is where the value of
benefits when grossed-up, equal the fringe benefits exemption cap of $17,000.
Where the grossed-up value exceeds the cap, the employer is liable to pay
fringe benefits tax on the amount in excess of $17,000
but, will pass on this cost on to the employee. The employer’s share of
savings, the combined administration cost, and the value of the packaged
benefits are deducted from the pre-tax dollars.
(v) The parties agree that the
application of the fringe benefits tax exemption status conferred on public hospitals
and Local Health Districts is subject to the prevailing Australian taxation
laws.
(vi) If an employee wishes to
withdraw from the salary packaging scheme, the employee may only do so in
accordance with the required period of notice as set out in the Salary
Packaging Policy and Procedure Manual.
(vii) Where an employee ceases to
salary package, arrangements will be made to convert the agreed package amount
to salary. Any costs associated with the conversion will be borne by the
employee, and the employer shall not be liable to make up any salary lost as a consequence of the employee’s decision to convert to
salary.
(viii) Employees accepting the offer
to salary package do so voluntarily. Employees are advised to seek independent
financial advice and counselling to apprise them of the implications of salary
packaging on their individual personal financial situations.
(ix) The employer and the employee
shall comply with the procedures set out in the NSW Health Services Salary
Packaging Policy and Procedure Manual as amended from time to time.
52. Deduction of Union Membership Fees
(i) The
union shall provide the employer with a schedule setting out union fortnightly
membership fees payable by members of the union in accordance with the union’s
rules.
(ii) The union shall advise the
employer of any change to the amount of fortnightly membership fees made under
its rules. Any variation to the schedule of union fortnightly membership fees
payable shall be provided to the employer at least one month in advance of the
variation taking effect.
(iii) Subject to (i) and (ii) above, the employer shall deduct union
fortnightly membership fees from the pay of any employee who is a member of the
union in accordance with the union’s rules, provided that the employee has
authorised the employer to make such deductions.
(iv) Monies so deducted from
employees’ pay shall be forwarded regularly to the union together with all the
necessary information to enable the union to reconcile and credit subscriptions
to employees’ union membership accounts.
"Regularly" shall be
defined as monthly except where the practice and protocol of an employer as at
March 2002 was fortnightly.
(v) Unless other arrangements are
agreed to by the employer and the union, all union membership fees shall be
deducted on a fortnightly basis.
(vi) Where an employee has already
authorised the deduction of union membership fees from his or her pay prior to this
clause taking effect, nothing in this clause shall be read as requiring the
employee to make fresh authorisation in order for such deductions to continue.
53. Staffing Arrangements
(i) Reasonable
workloads are required for nurses to assist in providing a sustainable health
system for the people of NSW that not only meets present health needs but also
plans for the health needs of the future.
(ii) The employer has a
responsibility to provide reasonable workloads for nurses.
(iii) Principles
The following principles shall be
applied in determining or allocating a reasonable workload for a nurse:
(a) Reasonable workloads will be
based on the application of the staffing arrangements detailed in this
clause. The arrangements may be the
reasonable workload principles alone or, in addition, the provisions set out in
Sections II - IX, of subclause (iv) in relation to the services, wards and
units to which they apply.
(b) Workload assessment will take into account measured demand by way of clinical assessment,
including acuity, skill mix, specialisation where relevant, and geographical
and other local requirements/resources.
(c) The work performed by the
employee will be able to be satisfactorily completed within the ordinary hours
of work assigned to the employee in their roster cycle.
(d) The work will be consistent
with the duties within the employee’s classification description and at a
professional standard so that the care provided or about to be provided to a
patient or client shall be adequate, appropriate and not adversely affect the
rights, health or safety of the patient, client or nurse.
(e) The workload expected of an
employee will not be unfair or unreasonable having regard to the skills, experience and classification of the employee for the period
in which the workload is allocated.
(f) An employee will not be
allocated an unreasonable or excessive nursing workload or other
responsibilities except in emergency or extraordinary circumstances of an
urgent nature.
(g) An employee shall not be
required to work an unreasonable amount of overtime.
(h) An employee’s workload will
not prevent reasonable and practicable access to Learning and Development
Leave, together with ‘in-house’ courses or activities, and mandatory training
and education.
(i) Existing
minimum staffing levels to ensure safe systems of work and patient safety shall
continue to apply.
(j) Nothing in this clause
prevents a higher level of staffing from being provided when, and where, this
is necessary for clinical or other reasons.
(iv) Staffing and Specialties
The Association and the Ministry
agree that the staffing arrangements in this clause and their application may
be reviewed and amended from time to time by agreement and that the Award may
be varied by consent to reflect any such agreement.
Section I:
Replacement of Absences
(a) When an unplanned absence
occurs (e.g. due to unexpected sick leave) the NUM (or delegate) will
immediately review the roster to determine the effect of the absence on
workload.
(b) Where the NUM (or delegate)
determines to backfill the absence, the default position is to fill the absence
with a nurse of the same classification as the absent nurse.
(c) If all avenues to backfill
the absence with a nurse at the same classification are exhausted and the only
remaining option is to backfill the absence with a nurse of a lower
classification, the NUM (or delegate) must consider how the functions performed
in the ward/unit can be safely and appropriately performed by a nurse of
another nursing classification.
(d) In some circumstances it may
be possible to backfill with a nurse of a lower classification. Where it is determined to backfill with a
nurse of a lower classification, a record of this, together with the reasons,
must be made.
Section II:
Nursing Hours Wards and Units
(a) Nursing hours
wards and units comprise general inpatient wards, dedicated palliative care
wards/units, dedicated rehabilitation wards/units and inpatient adult acute
mental health wards/units.
(b) General
inpatient wards do not include:
1. All Types of
Critical Care Units:
• Intensive
Care Units
• High
Dependency Units
• Coronary
Care Units
• Burns
Units
• Neo-natal
Intensive Care Units
2. Day Only Wards
3. Day of Surgery Wards
4. Procedural Units
(Haemodialysis, Endoscopy, Cardiac Catheter, etc.)
5. Paediatrics
6. Drug & Alcohol
7. All Midwifery Services:
• Antenatal
• Post
Natal, Nurseries
• Delivery
& Birthing Suites
8. 23 Hour Wards
9. Fast track wards
10. Transition Wards (slow stream)
11. Medical/Surgical Assessment
Units (MAU & SAU)
12. Medical/Surgical Acute Care
Units (MACU & SACU)
13. Wards/Units attached to
Emergency Departments:
• Psychiatric
Emergency Care Centres (PECC)
• Observation
wards
• Emergency
Medical Units (EMUs)
(c) The Association
and the Ministry have agreed that staffing will be determined by the Nursing
Hours Per Patient Day ('NHPPD') specified below, provided over a week, to
determine the number of nurses required to provide direct clinical care. The number of nursing hours per patient day
may also be expressed as an equivalent ratio.
(d) 6.0 NHPPD will
apply to general inpatient wards in Peer Group A1 and A3 facilities, being
Principal Referral Hospitals and Ungrouped Acute Tertiary Referral Hospitals,
accounted for over the period of a week.
(e) 5.5 NHPPD will apply
to general inpatient wards in Peer Group B facilities, being Major Hospitals
Group 1 and Group 2, accounted for over the period of a week. General inpatient wards in Peer Group B
facilities will move to 6.0 NHPPD in accordance with a timetable, determined by
the Ministry on an annual basis and to be provided to the Association once
determined.
(f) 5.0 NHPPD will
apply to general inpatient wards in Peer Group C facilities, being District
Group Hospitals, accounted for over the period of a week. General inpatient wards in certain Peer Group
C facilities will move to 6.0 NHPPD from a specific date during the life of
this Award, in accordance with a timetable, determined by the Ministry on an
annual basis and to be provided to the Association once determined.
(g) 6.0 NHPPD will
apply to dedicated palliative care wards, accounted for over the period of a
week.
(h) 5.0 NHPPD will
apply to dedicated general rehabilitation wards and units, and 6.0 NHPPD will
apply to dedicated rehabilitation specialist brain and spinal injury units,
accounted for over the period of a week.
For these wards and units only, NHPPD includes the hours usually worked
by nursing and other categories of staff, however titled, agreed with the
Association.
(i) 6.0
NHPPD will apply to inpatient adult acute mental health wards in general
hospitals which are not specialist mental health facilities, accounted for over
the period of a week.
(j) 5.5 NHPPD will apply to
inpatient adult acute mental health wards in specialised mental health
facilities, accounted for over the period of a week. Inpatient adult acute mental wards in certain
specialised mental health facilities will move to 6.0 NHPPD from a specific
date during the life of this Award, in accordance with a timetable, determined
by the Ministry on an annual basis and to be provided to the Association once
determined.
(k) At the time the
new staffing levels referred to in Section II, subclauses (d) to (j) above are
introduced on a ward or unit for the first time, staffing levels in wards and
units with higher than the specified staffing will either continue to apply or
be reviewed. A reduction in staffing will not occur without a review taking
place. If there is disagreement between the Employer and Association about the
outcome of the review the provisions of subclause (vii) Grievances in relation
to workload will apply.
(l) The number of
nursing hours per patient day may also be expressed as an equivalent ratio
which provides the same nursing hours over a week. For example:
1. a NHPPD of 6.0
can provide sufficient nursing hours to provide am/pm/night equivalent ratios
of 1:4/1:4/1:7 across seven days, as well as the option of some shifts with a
nurse in charge who does not also have an allocated patient workload.
2. a NHPPD of 5.5
can provide sufficient nursing hours to provide am/pm/night equivalent ratios
of 1:4/1:5/1:7 across seven days, as well as the option of some shifts with a
nurse in charge who does not also have an allocated patient workload.
3. a NHPPD of 5.0
can provide sufficient nursing hours to provide am/pm/night equivalent ratios
of 1:5/1:5/1:7 across seven days, as well as the option of some shifts with a
nurse in charge who does not also have an allocated patient workload.
Example Table 1
NHPPD:
|
6
|
which delivers the following
|
Average Hours Per Day:
|
156
|
|
|
nursing hours:
|
|
|
Number of Patients:
|
26
|
|
Hours Per Week:
|
1092
|
|
MORNING
|
AFTERNOON
|
NIGHT
|
|
Number of
|
#Equivalent
|
*In Charge with
|
Number of
|
#Equivalent
|
*In Charge with
|
Number of
|
#Equivalent
|
Total Hours
|
|
Staff
|
Ratio
|
no allocated
|
Staff
|
Ratio
|
no allocated
|
Staff
|
Ratio
|
|
|
|
|
patients
|
|
|
patients
|
|
|
|
Shift Length in
|
8
|
|
8
|
8
|
|
8
|
10
|
|
|
hours
|
|
|
|
|
|
|
|
|
|
Monday
|
7
|
1: 3.7
|
0
|
7
|
1: 3.7
|
1
|
4
|
1: 6.5
|
160
|
Tuesday
|
7
|
1: 3.7
|
0
|
7
|
1: 3.7
|
1
|
4
|
1: 6.5
|
160
|
Wednesday
|
6.5
|
1: 4
|
0
|
6
|
1: 4.3
|
1
|
4
|
1: 6.5
|
148
|
Thursday
|
7
|
1: 3.7
|
0
|
7
|
1: 3.7
|
1
|
4
|
1: 6.5
|
160
|
Friday
|
7
|
1: 3.7
|
0
|
7
|
1: 3.7
|
1
|
4
|
1: 6.5
|
160
|
Saturday
|
6
|
1: 4.3
|
1
|
6
|
1: 4.3
|
1
|
4
|
1: 6.5
|
152
|
Sunday
|
6
|
1: 4.3
|
1
|
6
|
1: 4.3
|
1
|
4
|
1: 6.5
|
152
|
|
|
|
|
|
|
|
Hours Per Week
|
1092
|
Notes: #Equivalent Ratio is
indicative of the ratio that could be created by this roster pattern. *In this example the NUM has distributed the hours
on some shifts to include a nurse in charge who does not have an allocated
patient workload.
Example Table 2
NHPPD:
|
6
|
which delivers the
following
|
Average Hours Per Day:
|
156
|
|
|
nursing hours:
|
|
|
Number of Patients:
|
26
|
|
Hours Per Week:
|
1092
|
|
MORNING
|
AFTERNOON
|
NIGHT
|
|
Number of
|
#Equivalent
|
*In Charge with
|
Number of
|
#Equivalent
|
*In Charge with
|
Number of
|
#Equivalent
|
Total Hours
|
|
Staff
|
Ratio
|
no allocated
|
Staff
|
Ratio
|
no allocated
|
Staff
|
Ratio
|
|
|
|
|
patients
|
|
|
patients
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Shift Length
|
8
|
|
8
|
8
|
|
8
|
10
|
|
|
in hours
|
|
|
|
|
|
|
|
|
|
Monday
|
7
|
1: 3.7
|
0
|
7
|
1: 3.7
|
0
|
4
|
1: 6.5
|
152
|
Tuesday
|
7
|
1: 3.7
|
0
|
7
|
1: 3.7
|
0
|
4
|
1: 6.5
|
152
|
Wednesday
|
7
|
1: 3.7
|
0
|
7
|
1: 3.7
|
0
|
4
|
1: 6.5
|
152
|
Thursday
|
7
|
1: 3.7
|
0
|
7
|
1: 3.7
|
0
|
4
|
1: 6.5
|
152
|
Friday
|
7
|
1: 3.7
|
0
|
7
|
1: 3.7
|
0
|
4
|
1: 6.5
|
152
|
Saturday
|
8
|
1: 3.3
|
0
|
8
|
1: 3.3
|
0
|
4
|
1: 6.5
|
168
|
Sunday
|
8
|
1: 3.3
|
0
|
7.5
|
1: 3.5
|
0
|
4
|
1: 6.5
|
164
|
|
|
|
|
|
|
|
Hours Per Week
|
1092
|
Notes: #Equivalent Ratio is indicative of the ratio that
could be created by this roster pattern.
*In this example the NUM has distributed the hours differently across
the days and has decided to allocate a patient workload to the nurse in charge
of shift.
(m) Only nurses
providing direct clinical care are included in the NHPPD. This does not include positions such as
Nursing Unit Managers, Nurse Managers, Clinical Nurse Educators, Clinical Nurse
Consultants, dedicated administrative support staff and wardspersons.
(n) In implementing Nursing Hours
in Nursing Hours Wards the daily bed census data averaged over a specified
preceding period of up to 52 weeks (in whole weeks) will be used to determine
the number of patients. In determining
the specified period due regard should be given to reduced activity periods, seasonality and other local factors. Where seasonality is a significant factor,
the specified period can be the equivalent period in the preceding year.
(o) The NUM will distribute the
hours/shifts across the day and week in a rostering pattern with due regard to
the workload pattern of their ward, provided the applicable NHPPD is achieved
over the week.
(p) The NUM may distribute the NHPPD
to include a nurse in charge who does not also have an allocated patient
workload, provided the applicable NHPPD are achieved over the week
(q) When, on a shift, the NUM
considers that patient care needs cannot be sufficiently met from the nurses immediately
available and the NUM (or nurse delegated with responsibility for patient care
within the ward/unit) considers additional nursing hours should be provided in
order to meet clinical needs, the NUM will inform the appropriate Nurse Manager
who, together with the NUM, will consider a solution including, but not limited
to, the following options:
1. deployment of nurses from
other wards/units;
2. additional hours for part
time staff;
3. engagement of casual/agency
nursing staff;
4. overtime;
5. prioritisation of nursing
activities on the ward/unit;
6. reallocation of patients.
When these options have been
exhausted and only with approval from the Director of Nursing and Midwifery and
the concurrence of the General Manager, the decision may be made to limit
admissions when discharges occur from the ward/unit. This decision is to be made as soon as
practicable after commencement of the shift.
(r) Spot Check
1. In wards and units where the
agreed staffing method is NHPPD, information will be available to staff which
identifies the NHPPD.
2. At any time, a nurse working
on the ward/unit or a member of the local Reasonable Workload Committee may
make a written request to the NUM for a spot check to confirm that the NHPPD
are being provided.
3. The relevant Reasonable
Workload Committee must be informed of the commencement of the spot check.
4. Within 7 days of receipt of such
a request the NUM will ensure that each week for a 4 week
period the NHPPD provided are posted within 7 days of the conclusion of the
relevant period.
5. If, at any time during the
spot check or at its conclusion, it is established that the provided NHPPD
falls short of the specified NHPPD then action must immediately commence to
rectify the shortfall.
6. Where the four
week spot check confirms that the specified NHPPD are being provided
then the process is concluded.
7. The outcome of the spot check
will be made available to the Reasonable Workload Committee.
(s) The calculation used to spot
check the provision of NHPPD in Nursing Hours Wards
1. To determine the ‘number of
patients’ add the number of patients as recorded for each day in the bed census
in the week to be calculated, then divide that total by 7 (the number of days
in the week). For example:
(24 + 25 + 25 + 25 + 23 + 22 + 24)
÷ 7 = 24 (Number of patients)
2. Then take the applicable
NHPPD figure (e.g. 6.0) and multiply it by 7 (for 7 days in the week), then
multiply by the number of patients, as identified above e.g. 24.
3. In this example, 6 x 7 x 24 =
1,008 nursing hours or 6 NHPPD. 1,008 is
therefore the nursing hours that were required for the ward that week. The figure is then compared to the nursing
hours that were actually provided.
4. Assume in this example that
974 nursing hours were actually provided. The required NHPPD falls short as 5.8 NHPPD
has been provided instead of 6 NHPPD. In this example, the NUM would immediately
commence action to rectify the shortfall in accordance with point 5 of (s) Spot
Checks in this Section.
5. The spot check would require
the completion of this calculation for four consecutive weeks.
(t) Annual Leave relief
1. The annual leave ‘relief’
factored into the calculation of the total required FTE reflects the annual
leave entitlements under this Award for the employees, arising from their
actual shift patterns. However, this figure may be adjusted at ward level for
planned periods of low activity or annual ward closures that mean less leave
relief is required.
2. If circumstances arise whereby
the planned periods of low activity or annual ward closures do not take place,
the required FTE should be calculated again in light of
those altered circumstances and staff deployment.
(u) Relief for Sick Leave, FACS
Leave & Mandatory Education
To account for sick leave, FACS
leave and mandatory education, a figure of two weeks (equating to 76 hours
based on a 38 hour week) per annum should be factored
into the FTE required for the ward. This
figure is subject to joint review by the Association and the Ministry, on
request by either party.
Section III:
Staffing Arrangements for Peer Group D & F3 MPS
(a) The following
provisions will apply to hospitals designated Peer Group D1 Community Hospitals
with community inpatient acute beds and a level 2 or above emergency department
function; and to F3 Multi-Purposes Service facilities with community inpatient
acute beds and a level 2 or above emergency department function:
(1) During the hours
that the Emergency Department is open there will be a minimum of two registered
nurses on duty, to ensure that there is a registered nurse available on the
acute ward when a registered nurse is required to attend the Emergency
Department. One of these registered
nurses may be a NUM/NM who also performs clinical functions on the shift who is
on duty and on site.
(b) The parties
recognise that where implementation of the provisions at (a)(1) above requires
a change in the classification mix this will be achieved progressively from the
date of this Award and is determined by the rate of staff turnover experienced
in those facilities where the provisions apply.
Section IV:
Perioperative Services
(a) ACORN 2008
standards will apply, in Operating Rooms including that during each operating
session, the minimum staffing for each operating room will be:
1. two nurses, one
of whom must be a Registered Nurse and one of whom may be a suitably qualified
and endorsed Enrolled Nurse, to carry out the roles of scrub/instrument nurse
and scout nurse; and
2. one Anaesthetic
nurse or one other trained and qualified anaesthetic category of staff.
Section V:
Maternity Services
(a) The Association and the
Ministry have agreed that the Birth rate Plus methodology, as adapted for use
in New South Wales, will be used to calculate staffing in maternity services.
Section VI:
Inpatient Mental Health Staffing Arrangements
(a) The Association and the Ministry
have agreed that the following provisions will apply in all inpatient mental
health units (with the exception of inpatient adult acute mental health wards
at Section II and be used by managers in the evaluation of nursing staff levels
and for the Reasonable Workload Committees to assess and manage identified
workloads issues.
(b) For the purpose of this
subclause inpatient mental health units include but are not limited to:
1. Forensic Units;
2. Child &
Adolescent Units;
3. Older Adult;
4. Psychiatric
Emergency Care Centres (PECC);
5. Rehabilitation;
6. Extended Care Units;
7. Mental Health
Intensive Care Units
(c) When determining the nursing FTE the following should be considered:
1. The previous 12
months activity should be used as a guide unless the unit has had a significant
change in activity, presentation number or type, or where a new model of care
has commenced which has impacted on the type of presentation or length of stay;
2. Staff
assessment will be based on comparisons to the FTE utilised in the individual
unit in the previous year, using the monitoring reports, in conjunction with
professional judgement and information on known workload issues;
3. Categories:
• The number
of inpatients requiring 1 staff or more to 1 patient;
• The
number of inpatients requiring close observation;
• The
number of inpatients assessed requiring sighting at regular intervals;
• The
number of inpatients nearer to going home.
4. Level & frequency of
aggressive behaviour displayed by patients and based on clinical risk assessment;
5. Level of suicidal behaviour
displayed by patients (see Mental Health Outcomes and Assessment Tools (MH-OAT)
risk level);
6. Level of
vulnerability/potential of exploitation from others (such as sexual safety,
financial exploitation);
7. Age of patient and co-morbidities;
8. Patients with a dual diagnosis;
9. Type of facility and unit
(e.g. Closed/Open Units);
10. Design of unit;
11. Number of beds available;
12. Local factors referred to at
subclause 53 (iii) (b) may include but are not limited to:
(i) The
available level of support staff (e.g. ward clerks, medical officers, patient
support officers, allied health staff);
(ii) Teaching and research activities;
(iii) Provision of nurse escorts;
(iv) Ward geography; and
(v) Data entry/documentation
including MH-OAT.
(d) When determining the nursing
FTE required for leave relief:
1. No less than
six weeks (30 days) annual leave relief per productive FTE for staff working
shift work and no less than 4 weeks (20 days) for non-shift workers must be
included.
2. No less than two
weeks (10 days) of sick/FACS leave and mandatory education relief per
productive FTE must be included.
3. Replacement for
long service leave and paid maternity leave should not be considered part of
the funded FTE unless additional FTE is set aside for this purpose.
Traditionally funding for this replacement is managed at a central cost centre
for a facility or service (this must be determined prior to finalising
established FTE).
4. Assess impact
on staff for workers’ compensation/return to work programs on the FTE required.
(e) General
1. Nursing/Midwifery
Unit Managers, Clinical Nurse/Midwife Educators, Clinical Nurse/Midwife
Consultants and Nurse/Midwife Practitioners do not carry a direct clinical
load.
2. Consideration should
be given to the evolution of future clinical roles in nursing.
3. Consideration
should be given to the additional responsibilities related to other activities
such as the Magistrates Hearing and the Mental Health Review Tribunal and
associated escorts.
4. Consideration
should be given to the impact of future legislative requirements on workloads
where reasonably known.
Section VII:
Community and Community Mental Health Staffing Arrangements
(a) The Association
and the Ministry agree that the following staffing arrangements are to apply in
all Community Health Services (including services such as child and family
health, community mental health and drug health) and be used by managers in the
evaluation of nursing staff levels and for the Reasonable Workload Committees
to assess and manage identified workloads issues in accordance with the
principles specified in subclause (iii) Principles.
(b) The current
agreed average ‘face-to-face’ ratio in the Community Health Service (CHS) shall
be used as the starting point for consideration of staffing levels where
indications are that staffing numbers are insufficient to manage the workload.
(c) Funded /
budgeted FTE must include no less than four weeks (20 days) of annual leave
relief per productive FTE. Where staff are required to work shift work or
weekends then no less than six weeks (30 days) should be included. Managers are
responsible for scheduling annual leave equitably throughout the year to manage
leave liabilities and to prevent unreasonable increased workload for remaining
employees arising from the taking of leave.
(d) Funded/budgeted
FTE must include no less than two weeks (10 days) of sick/FACs leave relief and
mandatory education relief per productive FTE. Cost centres with child and family
services must include an additional day to accommodate mandatory education
leave for child protection.
Funded FTE available for relief of
sick/FACS/ mandatory education is to be utilised as required when this leave is
taken rather than used for permanent employment.
(e) Replacement for long service
leave and paid maternity leave should not be considered part of the funded FTE
unless additional FTE is set aside for this purpose. Traditionally, funding for
this replacement is managed at a central cost centre for a facility or service.
(f) Assess impact on staff for
workers’ compensation / return to work programs on the FTE required.
(g) Existing appointed positions,
e.g. CNCs and managers, must be maintained in their current role, and except in
the case of emergencies, shall not be routinely used to cover nursing shortages
in the general workload areas.
To ensure this occurs, each
appointed position should have a position description that defines the scope
and requirements of their primary role.
Leave relief for these positions
is required in the funded FTE.
(h) Induction programs including
preceptorship should be in place to adequately supervise new staff. These programs would include a reasonable
number of "supernumerary" hours followed by appropriate allocation of
patients according to the complexity of need and the new staff’s level of
training. The ability to consult senior staff by phone should be ensured,
particularly during induction.
Funded FTE should incorporate a
reasonable number of additional hours for this purpose based on historical
turnover rates.
(i) Community
Health Services must have the ability to maintain a "pool" of casual
staff to manage unplanned leave and vacancies or a sudden and unanticipated
increase in workload.
(j) Reasonable deployment within
individual Community Health Services to address uneven workload distribution
should occur as a day-to-day management strategy. However, this should not be seen as a method of covering unfilled vacancies or
ongoing sick leave.
Long term demographic trends may
result in adjustment of boundaries to enable existing staffing to better
accommodate the needs of the community while still maintaining composition of
their team.
(k) Appropriate hours for case
management should be included in the Funded FTE to maintain a safe and holistic
level of care for patients. This principle is inherent in the needs for
patients in the community.
(l) Appropriate time for travel
in the context of the local geography and traffic conditions must be factored
into hours required for clinical workload.
(m) In accordance with occupational
health and safety principles, hazards must be eliminated or controlled,
appropriate loading facilities must be provided, to enable restocking of
clinical supplies and equipment.
(n) Nursing hours utilised in
carrying out non clinically related activities e.g. servicing of vehicles
should be monitored, quantified and incorporated into
the FTE required for a given service.
(o) This list indicates minimum
requirements only.
Section VIII:
Emergency Department Staffing Arrangements
(a) The Association and the
Ministry have agreed that the following staffing arrangements are to apply in
Emergency Departments and be used by managers in the evaluation of nursing
staff levels and for the Reasonable Workload Committees to assess and manage
identified workloads issues in accordance with the Principles specified in
subclause (iii).
(b) When determining the nursing
FTE required:
1. The previous 12 months activity
should be used unless the ED has had a significant change in activity,
presentation number or type, or where a new model of care has commenced which
has impacted on the type of presentation or Length of Stay.
2. Staff assessment will be
based on comparisons to the FTE Utilised in the individual ED in the previous
year in conjunction with professional judgement, incorporating anecdotal
information on known workload issues.
3. Consideration needs to be
given to local factors affecting workload. This may have the potential to
increase the required FTE over and above that indicated by activity.
(c) When determining the nursing
FTE required for leave relief:
1. No less than six weeks (30
days) annual leave relief per productive FTE for staff working shift work and
no less than 4 weeks (20 days) for non-shift workers must be included.
2. No less than two weeks (10
days) of sick/FACS leave and mandatory education relief per productive FTE must
be included.
3. Replacement for long service
leave and paid maternity leave should not be considered part of the required
FTE. Traditionally funding for this replacement is managed at a central cost
centre for a facility or service.
4. Assess the impact on staff
for workers’ compensation/return to work programs on FTE required.
(d) General
1. All Level 5 and 6 Emergency
Departments to have a dedicated shift coordinator on all shifts in addition to
the FTE required for clinical activity. The requirement for additional FTE for
the Shift Coordinator in Levels 1 to 4 Emergency Departments is at the
discretion of the facility after due consideration of the historical and
anticipated activity for each shift of the week
2. There is to be an identified
triage nurse on every shift.
3. Provision must be made for
the coverage of community retrievals and participation in the facility Cardiac
Arrest Team, if this an ED responsibility.
4. Where an Emergency Department
has a dedicated Psychiatric Emergency Care Centre (PECC), mental health
specialist nurses must staff it. The FTE
required for appropriate coverage of the PEC Unit is in addition to the
requirement for the main sections of the Emergency Department.
5. The facility must have a
contingency plan to backfill nurses in the event that
they are called out as part of a disaster team.
6. This list indicates minimum
requirements only.
(e) Provision of designated
nurses for the resuscitation area.
The provision of designated nurses
for the resuscitation area in Emergency Departments will be as follows:
To provide the staffing levels set
out in the table below the required additional nurses will be employed in
accordance with a timetable agreed between the Ministry and the Association,
with full effect from 1 July 2013.
Description
|
|
Adult/mixed Emergency
Departments with a role delineation of Level 6 and Urgency Disposition
|
Three designated
resuscitation nurses on two shifts and two designated resuscitation nurses on
|
Groups (‘UDG’) of 45,000 or
more
|
the third shift
|
Adult/mixed Emergency
Departments with a role delineation of Level 6 and UDG of less than
|
Two designated resuscitation
nurses on two shifts and one designated resuscitation nurse on the
|
45,000
|
third shift
|
Adult/mixed Emergency
Departments with a role delineation of Level 3, 4 or 5 and UDG of more
|
Two designated resuscitation
nurses on two shifts and one designated resuscitation nurse on the
|
than 45,000
|
third shift
|
Adult/mixed Emergency
Departments with a role delineation of Level 4 or 5 and UDG of more
|
One designated resuscitation
nurse on each of three shifts per day
|
than 25,000 and less than
45,000.
|
|
‘UDG’ stands for urgency
disposition groups which is a methodology applied by the NSW Ministry of Health
that weights Emergency Department attendances for the triage category mix and
patient disposition e.g. hospital admission.
Section IX: Hospital Listings
(a) The Ministry will publish on
its website the following lists, updated annually:
1. As per clause 53, Section II
(a), a list of Hospitals by Peer Group;
2. As per clause 53, Section III
(a), a list of Hospitals by Emergency Department role delineation;
3. As per clause 53, Section
VIII (d), a list of hospitals which outlines both the Emergency Department role
delineation and Urgency Disposition Groups (UDG) attendances.
(v) Role of Reasonable Workload
Committees
(a) Reasonable Workload
Committees shall be established to facilitate consultation on reasonable
workloads for nurses, together with the provision of advice and recommendations
to management. Aspects of reasonable workload may include, but need not be
limited to, nursing workloads generally, the provision of specialist advice,
training, and planning for bed or ward closures or openings as they relate to
nursing workloads. It is intended that the committees, by their operation, will
make a positive contribution to the workload of nurses. Reasonable Workload
Committees are a mechanism to provide for informed discussions at the local
level and encourage the resolution where possible of any workload disputes at
this level in the first instance.
(b) The committees by their
operation shall not alter the rights and obligations of management to decide
nursing workload matters.
(c) Public hospitals, mental
health facilities and multi-purpose sites shall monitor the implementation of
reasonable workloads for nurses using the agreed Monitoring System in all
inpatient wards/units.
Monthly and annual reports
generated by the Monitoring System shall be provided to the Reasonable Workload
Committee to ensure the committees have the information they need to assess
workload issues.
In areas where the NSW Ministry of
Health and the Association have agreed that the Monitoring System cannot apply,
relevant available data pertaining to workloads will be collected and collated
for the use of Reasonable Workload Committees.
(d) It is intended that the
Reasonable Workload Committees provide a structured and transparent forum for
all nurses to be genuinely consulted about workload matters through an
appropriate mechanism; contribute to the decision making process; and have the
ability to resolve disputes about workloads, should they arise, through the
committee process and provisions in this Award.
(vi) Structure of Reasonable
Workload Committees
(a) Upon request by the
Association, nurse(s) employed in a public hospital, or public health
organisation or the employer, a Reasonable Workload Committee shall be
established for the relevant public hospital or public health
organisation. Such requests shall be
made to the Chief Executive Officer of the public health organisation. Where circumstances
warrant and are conducive to the efficient delivery of services, a Reasonable
Workload Committee may be established by agreement between the Association and
the employer that covers more than one public hospital or public health
organisation.
(b) Upon request by the
Association or an employer a reasonable workload committee shall also be
established for the relevant Local Health District or Statutory Health
Corporation.
(c) Each Reasonable Workload
Committee shall comprise equal representation of employees and the
employer. Employee representation shall
be determined by the Association.
Employer representation shall be determined by the employer as
appropriate. Committee size will be determined by agreement between the
Association and the employer. Every
endeavour shall be made to minimise the size of the committee, with provision
to co-opt additional assistance that may be required on an ‘as needs’ basis.
(d) The committees shall meet with
a frequency determined by each committee, having regard to issues and
information to hand.
(e) The committee members and the
parties they represent shall make every endeavour to reduce or eliminate any
duplication of subject matter and coverage with pre-existing structures and
consultative mechanisms. Every effort
shall also be taken to ensure the most efficient meeting arrangements are
instituted for operation of the committees and to minimise disruption to
nurses’ rosters. The committee members
and the parties they represent shall make every endeavour to ensure that any
additional time and information imposts arising from the operations of the
committee are minimised.
(f) To enable members of
reasonable workload committees to discharge the committee’s role and carry out
their responsibilities, attendance at committee meetings and reasonable
preparation time shall be deemed to be time on duty and remunerated
accordingly. Wherever possible, this
time shall occur during the ordinary hours of work.
(vii) Grievances in relation to
workload
(a) Notwithstanding the
provisions specified in subclauses (ii) to (iii) of clause 48, Disputes, in
this Award, the following procedure will apply to resolve workload grievances
or staffing grievances directly arising from nursing workload issues.
(b) A grievance in relation to
such matter shall first be raised at the local ward/unit level with the
Nursing/Midwifery Unit Manager responsible (or the appropriate manager).
(c) If the matter remains
unresolved, it should be referred to the appropriate Nurse/Midwife Manager,
Director of Nursing or Local Health District Director of Nursing, depending on
the nursing executive structure of the public hospital or public health organisation
in which the grievance has arisen.
(d) If the matter remains
unresolved, it should be referred to the appropriate public hospital/public
health organisation reasonable workload committee for consideration and
recommendation to management. If the
matter cannot be resolved by this committee, the issue may be referred to a
Local Health District or Statutory Health Corporation committee under paragraph
(v)(b).
(e) If the matter remains
unresolved, it should be dealt with in accordance with the provisions of
subclauses (iv) to (ix) of clause 48, Disputes, in this Award.
54. Trade Union Activities
A. Trade
Union Activities regarded as On-Duty
An Association delegate will be
released from the performance of normal duty when required to undertake any of
the activities specified at (i) to (viii) below.
While undertaking such activities
on a normal rostered day on duty, the Association delegate will be regarded as
being on duty and will not be required to apply for leave. The delegate will
not be entitled to overtime at the end of the roster cycle as
a consequence of undertaking these activities.
In circumstances where an
Association delegate is not rostered for duty or is on an allocated/additional
day off and is not required by the employer to undertake these activities, such
time will not be counted as time worked.
(i) Attendance
at meetings of the workplace's Work Health and Safety Committee and
participation in all official activities relating to the functions and
responsibilities of elected Work Health and Safety Committee representatives at
a place of work as provided for in the Work
Health and Safety Act 2011;
(ii) Attendance at meetings
with workplace management or workplace management representatives;
(iii) A reasonable
period of preparation time, before:
(a) meetings with management;
(b) disciplinary or
grievance meetings when an Association member requires the presence of an
Association delegate; and
(c) any other
meeting with management,
by agreement with management,
where operational requirements allow the taking of such time.
(iv) Giving evidence in court on
behalf of the employer;
(v) Presenting information on the
Association and Association activities at induction sessions for new staff. The
Association shall have up to one half-hour made available for a presentation in
such a program provided to employees. If such programs are provided to
employees by electronic or remote means, the union’s presentation and
associated literature will also be included; and
(vi) Distributing official
Association publications or other authorised material at the workplace,
provided that a minimum of 24 hours notice is given
to workplace management, unless otherwise agreed between the parties.
Distribution time is to be kept to a minimum and is to be undertaken at a time
convenient to the workplace.
B. Trade
Union Leave Activities
The granting of trade union leave
with pay will apply to the following activities undertaken by an Association
delegate, as specified below: -
(i) annual
or biennial conferences of the Association;
(ii) meetings of the Association's
Executive, or Councils;
(iii) annual conference of Unions
NSW and the Congress of the Australian Council of Trade Unions;
(iv) attendance at meetings called
by the Unions NSW involving the Association which requires attendance of a delegate;
(v) attendance at meetings called
by the Director-General of Health/Health Service, as the employer for
industrial purposes, as and when required;
(vi) giving evidence before an
Industrial Tribunal as a witness for the Association;
(vii) reasonable travelling time to
and from conferences or meetings to which the provisions of Parts A, B and C of
this clause apply.
C. Trade
Union Training Courses
The following training courses
will attract the grant of paid trade union leave as specified below:
(i) accredited Work Health and Safety
(WH&S) courses and any other accredited WH&S training for WH&S
Committee members. The provider(s) of accredited WH&S training courses and
the conditions on which paid trade union leave for such courses will be granted
shall be negotiated between the Chief Executive and the Association.
(ii) courses organised and
conducted by the Australian Council of Trade Unions or by the Association or a
training provider nominated by the Association. A maximum of 12 working days in
any period of 2 years applies to this training and is subject to:
(a) the operating requirements of
the workplace permitting the grant of leave and the absence not requiring
employment of relief staff;
(b) payment being at the base
rate, i.e. excluding extraneous payments such as shift allowances/penalty
rates, overtime, etc.;
(c) the employer not being
responsible for any travelling and associated expenses incurred in attending
such courses;
(d) attendance being confirmed in
writing to the employer by the Association or a nominated training
provider."
D. On-Loan
Arrangements
Subject to the operational
requirements of the workplace, "on loan" arrangements will apply to
the following activities:
(i) meetings
interstate or in NSW of a Federal nature to which an Association member has
been nominated or elected by the Association:
(a) as an Executive Member; or
(b) a member of a Federal
Council; or
(c) as a member of a vocational
or industry committee.
(ii) briefing counsel on behalf of
the Association;
(iii) assisting Association
officials with preparation of cases or any other activity outside their normal
workplace at which the delegate is required to represent the interests of the Association;
(iv) country tours undertaken by a
member of the executive or Council of the Association;
(v) taking up of full time duties with the Association (excluding Elected
Office);
(vi) the following financial arrangements
apply to the occasions when a staff member is placed "on loan" to the
Association:
(a) the employer will continue to
pay the delegate or an authorised Association representative whose services are
"on loan" to the Association;
(b) the employer will seek
reimbursement from the Association at regular intervals of all salary and
associated on costs, including superannuation;
(c) agreement with the
Association on the financial arrangements, including agreement on leave
matters, must be reached before the on loan
arrangement commences and must be documented in a manner negotiated between the
Chief Executive of the Health Service and the Association.
(vii) "On loan"
arrangements negotiated in terms of this clause are to be regarded as service
for the accrual of all leave, for incremental progression and for continuity of
employment purposes.
(viii) On loan arrangements may apply
to full-time or part-time staff and are to be kept to the minimum time
required. Where the Association needs to extend an on loan
arrangement, the Association shall approach the Chief Executive in writing for
an extension of time well in advance of the expiration of the current period of
on loan arrangement.
(ix) Where the Chief Executive and
the Association cannot agree on the on loan
arrangement, the matter is to be referred to the Director-General of Health for
determination after consultation with the Chief Executive and the
Association."
E. Period
of Notice for Trade Union Activities
The Chief Executive or their nominee
must be notified in writing by the Association or, where appropriate, by the
accredited delegate as soon as the date and/or time of the meeting, conference
or other accredited activity is known.
F. Access
to Facilities by Trade Union Delegates
The workplace shall provide
accredited delegates with reasonable access to the following facilities for
authorised Association activities:
(i) telephone,
facsimile and, where available, email facilities;
(ii) a notice board for material
authorised by the Association or access to staff notice boards for material
authorised by the Association;
(iii) workplace conference or
meeting facilities, where available, for meetings with member(s), as negotiated
between local management and the Association."
G. Responsibilities
of the Trade Union Delegate
Responsibilities of the delegate
are to:
(i) establish
accreditation as a delegate with the Association and provide proof of
accreditation to the workplace;
(ii) participate in
the workplace consultative processes, as appropriate;
(iii) follow the
dispute settling procedure applicable in the workplace;
(iv) provide
sufficient notice to the immediate supervisor of any proposed absence on
authorised Association business;
(v) account for all
time spent on authorised Association business;
(vi) when trade union
leave is required, to apply for that leave in advance;
(vii) distribute
Association literature/membership forms, under local arrangements negotiated
between the Chief Executive and the Association; and
(viii) use any
facilities provided by the workplace properly and reasonably as negotiated at
organisational level."
H. Responsibilities
of the Trade Union
Responsibilities of the Association
in respect of trade union activities are to:
(i) provide
written advice to the Chief Executive about an Association activity to be
undertaken by an accredited delegate and, if requested, to provide written
confirmation to the workplace management of the delegate's
attendance/participation in the activity;
(ii) meet travelling,
accommodation and any other costs incurred by the accredited delegate, except
as provided in subclause (iii) of Part I, Responsibilities of Workplace Management;
(iii) pay promptly any monies owing
to the workplace under a negotiated "on loan" arrangement;
(iv) provide proof of identity when
visiting a workplace in an official capacity, if requested to do so by management;
(v) apply to the Chief Executive
of the health service well in advance of any proposed extension to the "on
loan" arrangement;
(vi) assist the workplace
management in ensuring that time taken by the Association delegate is accounted
for and any facilities provided by the employer are used reasonably and
properly; and
(vii) advise employer of any leave
taken by the Association delegate during the on loan
arrangement.
I. Responsibilities
of Workplace Management
Where time is required for
Association activities in accordance with this Award the responsibilities of
the workplace management are to:
(i) release
the accredited delegate from duty for the duration of the Association activity,
as appropriate, and, where necessary, to allow for sufficient travelling time
during the ordinary working hours;
(ii) advise the workplace delegate
of the date of the next induction session for new staff members in sufficient
time to enable the Association to arrange representation at the session;
(iii) meet the travel and/or
accommodation costs properly and reasonably incurred in respect of meetings
called by the workplace management;
(iv) where possible, to provide
relief in the position occupied by the delegate in the workplace, while the delegate
is undertaking Association responsibilities to assist with the business of
workplace management;
(v) re-credit any other leave
applied for on the day to which trade union leave or release from duty
subsequently applies. This does not apply where the delegate is rostered off
duty on the day she/he is required to perform
Association activities or on an allocated/additional day off duty;
(vi) to continue to pay salary
during an "on loan" arrangement negotiated with the Association and
to obtain reimbursement of salary and on-costs from the Association at regular
intervals, or as otherwise agreed between the parties if long term arrangements
apply;
(vii) to verify with the Association
the time spent by an Association delegate or delegates on Association business,
if required; and
(viii) if the time and/or the
facilities allowed for Association activities are thought to be used
unreasonably and/or improperly, to consult with the Association before taking
any remedial action.
J. Travelling
and other Costs of Trade Union Delegates
(i) Except
as specified in subclause (iii) of Part I, Responsibilities of Workplace
Management of this Award, travel and other costs incurred by accredited
Association delegates in the course of Association
activities will be paid by the Association.
(ii) In respect of meetings called
by the workplace management in terms of subclause (iii) of Part I,
Responsibilities of Workplace Management of this Award, the payment of travel
and/or accommodation costs, properly and reasonably incurred, is to be made, as
appropriate, on the same conditions as apply under clause 20 of this Award and
relevant Circulars.
(iii) No overtime, leave in lieu,
shift penalties or any other additional costs will be claimable by a staff
member from the employer, in respect of Association activities covered by paid
trade union leave or trade union "on duty" activities provided for in
this Award.
(iv) The "on loan"
arrangements shall apply strictly as negotiated and no extra claims in respect
of the period of on loan shall be made on the employer by the Association or
the staff member.
55. Learning and Development Leave
(i) Definitions
The following definitions apply in
this clause:
"Learning and Development
Leave" includes leave granted to undertake tertiary studies at an
accredited education institution and includes leave for examinations, or leave
granted to attend external activities, such as conferences, seminars
and short courses. Employees may also attend lectures, tutorials, conferences or seminars on days they are not rostered for
duty, for which no payment is made.
Leave is not required for the
following types of employer-supported learning activities that are undertaken
by employees on a routine basis, and at which employees are
considered to be ‘on duty’:
• in-house
courses or activities
• mandatory
training and education
"Educational
institutions" are those accredited to provide undergraduate and/or
postgraduate tertiary studies that culminate in a recognised academic and/or
professional qualification including a degree, diploma
or certificate.
(ii) General
(a) Learning and development is a
shared responsibility between the organisation and the individual. Employees
should be prepared to pursue their own development and the organisation should
promote an environment that supports individual initiative.
(b) The Secretary of Health is
responsible for setting policy direction to ensure that all employees receive
appropriate learning opportunities.
(c) Chief Executives of Health
Services are responsible and accountable for ensuring that employees receive
appropriate learning opportunities in line with the present and future needs of
the Health Service. Chief Executives are also responsible for allocating an
appropriate budget for learning activities, which may include replacement costs
for rostered staff who are on leave to attend an approved workshop, conference or tertiary studies.
(d) Managers and supervisors are
responsible and accountable for promoting and supporting learning activities
for staff in their area of responsibility. Managers and supervisors are also
responsible for arranging replacement staff, when necessary, for employees who
may be attending learning activities. Managers and supervisors must advise all
employees of the protocol for review procedures relating to non-approval of
Learning and Development Leave.
(e) Nurses wishing to attend a
part time postgraduate course of study who are working shiftwork
are to be given priority in being released from rostered shifts to attend
lectures/tutorials where there are no alternative and feasible attendance
options. Replacement of staff should be provided where appropriate. This
applies only to further studies that lead to a recognised clinical qualification.
(f) Employees are responsible for
meeting all fees/costs associated with tertiary studies and fees associated
with other educational activities unless the Health Service offers scholarships
or other forms of financial assistance.
(iii) Eligibility
(a) Access to Learning and
Development Leave is at the discretion of the Health Service. It should be made available to all eligible
employees within the Health Service to promote the development of a highly
trained, skilled and versatile workforce which is
responsive to the requirements of government and Health Service delivery.
(b) Permanent staff who are full
time or part time, and full time temporary employees
are eligible to apply for leave. Part time temporary employees and permanent part
time employees are granted leave on a pro-rata basis. Casual staff are not
eligible for this form of leave.
(iv) Types and amount of leave
(a) Seminars, conferences
and short courses
(1) The approval of leave and/or
financial assistance for attendance at seminars, conferences or short courses
should be considered in light of the Health Service
strategic plan. Employees may be granted Learning and Development Leave or may
be considered on duty depending on the priority for this activity in the light
of the Health Service Strategic Plan.
(2) The amount of leave is at the
discretion of the Health Service. Decisions in relation to financial assistance
should be made in the context of the budget and the expected benefits to the
Health Service.
(b) Tertiary Study
(1) When developing local
learning and Development Leave policy for tertiary study each Health Service
will need to advise employees of local approval arrangements.
(2) Leave is not to be approved
for failed or repeated subjects.
(c) Face to face
(1) The amount of leave granted
is at the discretion of the Health Service.
As a guide, in respect of attendance at an educational institution,
employees may be granted 50% of compulsory attendance times up to four hours
per week per semester or term.
(2) The amount of leave to attend
examinations should be based on the specific requirements of the individual
course. An employee’s request not to be rostered to work night shift on the day
prior to a scheduled morning examination should, wherever practicable, be
agreed to by the Health Service.
(d) Distance Education
An equivalent amount of Learning and
Development Leave to that available for face to face study is to be granted to
employees undertaking distance education.
(e) Accrual of leave
Learning and Development Leave
associated with tertiary studies may be accrued up to a maximum of 5 days per
semester or term, and may be accrued until the last examination of the
semester, or the last attendance day of the semester if there is no final
examination.
(f) Residentials
The amount of leave to attend a
compulsory residential program should be based on the specific requirements of
the course and should be negotiated at the time of application for Learning and
Development Leave.
(g) Thesis/Research or combination
Thesis/Research/Coursework
Periods of leave may also be
granted to employees undertaking higher degrees by thesis, research,
coursework, or a combination of same. The amount of leave will be based on four
hours per week for each academic year of study. Rather than being taken on a
week to week basis the leave is available over the course of study. For
example, if the higher degree takes 1 academic year and an academic year is 30
weeks the entitlement for leave would be calculated as 30 weeks x four hours =
120 hours available over the year. If
the higher degree takes two years the amount would be
240 hours. All hours are available over the length of the course and may be
taken in amounts mutually agreeable between the employee and the Health
Service.
(v) Payment for Leave
Leave approved pursuant to this
clause will be paid at the employee’s ordinary rate of salary and excluding
penalty rates.
56. Career Break Scheme
(i) The
career break scheme allows employees to defer twenty percent of their salary
for four years and be paid this deferred salary in the fifth year.
(ii) Employees who apply and are
approved to participate in the career break scheme will receive 100% of their
normal salary for the first four years with a deduction equivalent to 20% of
net salary (gross less tax). The 20% of net salary is deposited into a trust
account in the employee’s name each pay period for payment in the fifth year
(the deferred salary leave year) and subject to applicable taxation as required
by law.
(iii) All full time and permanent
part time employees are eligible to participate in the career break
scheme. Casual and temporary employees
are excluded from participation in career break scheme. If a permanent employee is placed into
another position by way of temporary engagement or secondment during the four
years when salary is being deferred, this will not of itself affect their
continued participation in the career break scheme.
(iv) Each public health organisation
will call for expressions of interest from employees seeking to participate in
the career break scheme once each calendar year. The timing of the invitation
of applications is to be determined by the public health organisation.
(v) Each public health
organisation will determine the number of employees that may participate in the
career break scheme having regard to service delivery and staffing levels and
reserves the right to approve or not approve requests after considering
workforce needs. This will be done in
consultation with employees. The public health organisation will not
unreasonably refuse any application by an employee to participate in the career
break scheme.
(vi) For members of the State
Superannuation Scheme (SSS) the public health organisation will maintain the
participant’s employer contributions for the full five year
period at the rate applicable to a person earning full salary for each of the
five years. Any required personal
superannuation contributions of participants are payable at the rate applicable
to 100% of salary for each of the five years.
(vii) For members of the State
Authorities Superannuation Scheme (SASS) the public health organisation will
maintain the participant’s employer contributions for the full five year period at the rate applicable to a person earning
full salary for each of the five years.
Any required personal superannuation contributions of participants are
payable at the rate applicable to their full salary for each of the five years.
(viii) For members of other complying
funds (e.g. First State Superannuation, HESTA, HIP) the public health
organisation will cease making employer contributions during the deferred
salary leave year. The superable salary is
deemed to be 100% of the participant’s normal salary (both deferred and the
remaining 80% paid) for each of the first four years, and superannuation
employer contributions are calculated on this basis. In the deferred salary leave year no employer
contributions to superannuation are payable for members of these funds.
(ix) Employees will continue to pay
all personal employee superannuation contributions whilst participating in the
career break scheme. The amount of such employee contributions is determined by
the superannuation scheme/fund to which the employee is contributing and
personal contributions during the deferred salary leave year are payable at the
rate applicable to the employee’s full salary.
(x) In the deferred salary leave
year, salary packaging and payroll deductions will not be available.
(xi) The five years of the career
break scheme will count as service for the accrual of long service leave, sick
leave, annual leave, salary increments and other statutory entitlements. Any
leave without pay taken by an employee whilst participating in the career break
scheme will not count for the purpose of accrual of any leave. For the purpose
of determining the leave accrued in the fifth year of the career break scheme
(i.e. the deferred salary leave year) for permanent part-time employees, the
average of all hours worked (excluding overtime) in the first four years of the
career break scheme and including paid leave taken will be used for the basis
of making this calculation.
(xii) If any leave without pay is
taken by an employee during the first four years of the career break scheme,
the commencement of the deferred salary leave year will be postponed by the
time the employee was absent from duty i.e. by the number of days leave without
pay taken by the employee.
(xiii) Employees are entitled to take
paid leave during the first four years of the career break scheme, subject to
normal approval processes at the public health organisation. Whilst on any paid
leave the employee will be paid in accordance with subclause (ii) of this clause.
(xiv) Employees are not entitled to
take any form of leave during the deferred salary leave year, with the exception of Maternity and Adoption leave.
In respect to Maternity or Adoption
leave, if the deferred salary year has not yet commenced, the employee may
elect to postpone the deferred salary leave year until after the completion of
such leave (up to 52 weeks). If the employee elects not to postpone the
deferred salary leave year, they are entitled to a lump sum payment of their
normal salary for the period of paid maternity/adoption leave. The paid
maternity/adoption leave does not extend the deferred salary leave year.
(xv) There will be no access to the
deferred salary until the fifth year unless the employee chooses to withdraw
from the career break scheme.
(xvi) An employee may elect to
withdraw from the career break scheme at any time by giving reasonable notice
to the employer and will be paid all monies in the trust account.
(xvii) It is the responsibility of the
employee participating in the career break scheme to declare the interest
earned on the deferred salary to the Taxation Office. Normal government
statutory charges attributed to an individual’s deferred salary account will be
paid by the employee.
(xviii) Subject to approval by the
public health organisation an employee may undertake outside employment in the
deferred salary leave year. During the deferred salary leave year, employees
are not permitted to undertake work in the NSW Health Service in positions
covered by the Award. However, this does
not prevent work in the NSW Health Service in another position not covered by
the Award.
(xix) Upon return to work after the
deferred salary leave year an employee will resume employment in their
substantive public health system entity position at the conclusion of their
participation in the career break scheme, being the anniversary date of
commencing the deferred salary leave year.
(xx) Employees are advised to seek
independent financial advice about participating in the career break scheme and
the effect on superannuation.
Comprehensive details regarding the operation of the career break will
be recorded in a written agreement between the employee and the employer, to be
signed prior to the commencement of the five year
period.
(xxi) A review of the operation of
this clause will occur by a date agreed between the parties. That review will be undertaken by the
Ministry of Health and the Association and will consider any recommendations to
vary the Scheme.
57. Commitments During Term of this Award
(i) The
Association commits to continuing co-operation with and, where requested,
participation in, NSW Health efficiency and productivity improvement initiatives,
including those set out below:
(a) better demand management
though Medical Assessment Units, Community Service Packages, and Community
Acute/Post-Acute Care;
(b) improved Severe Chronic
Disease Management (SCDM);
(c) implementation of Electronic
Medical Records, Electronic Medication Management, and Computerised Physician
Order Entry;
(d) enhanced Healthcare Associated
Infections (HAI) control;
(e) improved clinical hand-over procedures;
(f) reduction in medication errors;
(g) increased utilisation of
Telehealth, enabling rural and remote hospitals to access advice and
specialised skills to minimise treatment delays and reduce patient transfers;
(h) improved Nursing/Midwifery
Unit Manager capabilities;
(i) improved
Drug & Alcohol Consultation liaison;
(j) improved Management of
Patient Deterioration;
(k) management of ambulatory care
sensitive conditions;
(l) implementing the new
rostering system, in particular co-operating in learning and applying the new
system; and
(m) continuation of changes to
ensure consistency in approach to skill mix and classifications, including use
of nurse practitioners, senior clinical nurses, enrolled nurses
and assistants in nursing. One of the
clinical areas to be reviewed to ensure appropriate skill mix is in operating
theatres.
(ii) The Association commits to
continuing co-operation with and, where requested by the Ministry,
participation in, the following safety and quality initiatives:
(a) better discharge management
planning to facilitate earlier discharges and other
improved patient flow strategies;
(b) trialling and/or
implementation of new models of care, such as Urgent Care Centres and the
Surgery Futures project, which includes establishment of high
volume short stay surgery centres and improved separation of emergency
from planned surgery;
(c) operating theatre redesign to
move procedures not needing a full operating theatre environment to procedure
rooms and ambulatory care centres;
(d) implementation of programs to
facilitate rapid assessment of patients from residential aged care facilities;
(e) the Pharmacy Reform program,
in particular the review of nursing roles in medication management (including
transition to home and general business processes) and implementation of any
recommended changes; and
(f) operationalising Supervision
for Safety principles within existing staffing.
(iii) This commitment to
co-operation is without prejudice to any claims the Association may make covering
the period from 1 July 2009 with respect to increased productivity, work value
or special case factors arising from the provisions described above, or any
response by the Ministry to such claims.
58. Area, Incidence and Duration
(i) This
Award rescinds and replaces the Public Health System Nurses’ and Midwives’
(State) Award 2019 published 20 March 2020 (387 I.G. 171) and all variations
thereof.
(ii) This Award shall apply to
persons engaged in the industry of nursing.
(iii) Industry of nursing means the
industry of persons engaged in New South Wales in the profession or occupation
of nursing including midwifery and employed in or in connection with the New
South Wales Health Service as defined in section 115 of the Health Services Act 1997 or its
successors, assignees or transmittees.
(iv) This Award commences on and
from 1 July 2021. It shall remain in force until 30 June 2022.
(v) The increases shown in the Schedule
A commence from the first full pay period commencing on or after (‘FFPPCOOA’) 1
July 2021
Schedule A
Part B
Monetary Rates
Table 1 - Salaries
Description
|
FFPPCOOA
|
|
01/07/2021
|
|
Per week
|
|
$
|
Assistant in Nursing/Midwifery
|
|
1st Year
|
904.70
|
2nd Year
|
933.50
|
3rd Year
|
962.80
|
4th Year and Thereafter
|
992.60
|
Enrolled Nurse without medication qualification
|
|
1st Year
|
1110.30
|
2nd Year
|
1134.70
|
3rd Year
|
1158.80
|
4th Year
|
1183.50
|
5th Year and Thereafter
|
1208.40
|
Special Grade >08.12.99
|
1246.10
|
Enrolled Nurse
|
|
1st Year
|
1134.70
|
2nd Year
|
1158.80
|
3rd Year
|
1183.50
|
4th Year
|
1208.40
|
5th Year and Thereafter
|
1232.90
|
Special Grade
|
1270.70
|
Registered Nurse/Midwife
|
|
1st Year
|
1259.00
|
2nd Year
|
1327.30
|
3rd Year
|
1395.90
|
4th Year
|
1469.30
|
5th Year
|
1542.30
|
6th Year
|
1614.80
|
7th Year
|
1697.90
|
8th Year and Thereafter
|
1767.70
|
Clinical Nurse/Midwife Specialist
|
|
Grade 1 - 1st Year and Thereafter
|
1839.60
|
Grade 2 - 1st Year
|
1976.10
|
Grade 2 - 2nd Year and Thereafter
|
2041.00
|
Clinical Nurse/Midwife Consultant
|
|
Appointed prior to 31.12.99
|
2262.10
|
Grade 1 - 1st Year >31.12.99
|
2211.30
|
Grade 1 - 2nd Year >31.12.99
|
2256.50
|
Grade 2 - 1st Year >31.12.99
|
2301.10
|
Grade 2 - 2nd Year >31.12.99
|
2346.90
|
Grade 3 - 1st Year >31.12.99
|
2437.00
|
Grade 3 - 2nd Year >31.12.99
|
2482.30
|
Clinical Nurse/Midwife Educator
|
|
Year 1
|
1914.00
|
Year 2 and Thereafter
|
1976.10
|
Nurse/Midwife Educator
|
|
4th Year as at 1/7/08
|
2262.10
|
Grade 1 - 1st Year
|
2149.90
|
Grade 1 - 2nd Year and Thereafter
|
2211.30
|
Grade 2 - 1st Year
|
2301.10
|
Grade 2 - 2nd Year and Thereafter
|
2346.90
|
Grade 3 - 1st Year
|
2437.00
|
Grade 3 - 2nd Year and Thereafter
|
2482.30
|
Nurse/Midwife Practitioner
|
|
1st Year
|
2437.00
|
2nd Year
|
2482.30
|
3rd Year
|
2545.70
|
4th Year and Thereafter
|
2609.40
|
Nursing/Midwifery Unit Manager
|
|
Level 1
|
2217.70
|
Level 2
|
2322.70
|
Level 3
|
2385.30
|
Nurse/Midwife Manager
|
|
Grade 1 - 1st Year
|
2211.30
|
Grade 1 - 2nd Year and Thereafter
|
2256.50
|
Grade 2 - 1st Year
|
2301.10
|
Grade 2 - 2nd Year and Thereafter
|
2346.90
|
Grade 3 - 1st Year
|
2437.00
|
Grade 3 - 2nd Year and Thereafter
|
2482.30
|
Grade 4 - 1st Year
|
2572.40
|
Grade 4 - 2nd Year and Thereafter
|
2617.60
|
Grade 5 - 1st Year
|
2707.20
|
Grade 5 - 2nd Year and Thereafter
|
2753.00
|
Grade 6 - 1st Year
|
2843.30
|
Grade 6 - 2nd Year and Thereafter
|
2888.80
|
Grade 7 - 1st Year
|
3068.50
|
Grade 7 - 2nd Year and Thereafter
|
3114.20
|
Grade 8 - 1st Year
|
3294.80
|
Grade 8 - 2nd Year and Thereafter
|
3339.70
|
Grade 9 - 1st Year
|
3520.00
|
Grade 9 - 2nd Year and Thereafter
|
3565.50
|
Registered Mothercraft Nurse
|
|
9th Year
|
1500.20
|
The mothercraft
classification applies only to persons employed in this classification as at
31 December 1988. Persons employed after that
|
|
date are
classified as Enrolled Nurses. As at 30 June 2015, all existing Registered
Mothercraft Nurses were classified as Registered
|
|
Mothercraft Nurse 9th Year.
|
|
Registered Nurse –
Pre-Registration
|
|
1st Year and Thereafter
|
1085.50
|
Table 2 - Other
Rates and Allowances
Item No.
|
Clause
No.
|
Allowance
|
FFPPCOOA
|
|
|
|
1/07/2021
|
|
|
|
$
|
|
|
In charge of hospital
|
|
1
|
12(i)(a)
|
RN in charge of hospital -
per shift
|
$36.00
|
|
|
On Call
|
|
2
|
12(ii)(a)
|
On Call Allowance - per hour
|
$3.94
|
2
|
12(ii)(a)
|
On Call Allowance minimum
payment
|
$31.52
|
3
|
12(ii)(b)
|
On Call Allowance on RDO -
per hour
|
$7.86
|
3
|
12(ii)(b)
|
On Call Allowance on RDO
minimum payment
|
$62.88
|
4
|
12(ii)(c)
|
On call during meal break -
per break
|
$15.49
|
|
|
Radiographic
|
|
5
|
12(iii)(a)
|
Director of Nursing
performing radiographic duties - per week
|
$43.91
|
6
|
12(iii)(c)
|
Employee in absence of DON -
per day
|
$8.79
|
6
|
12(iii)(c)
|
Maximum payment - per week
|
$43.91
|
7
|
12(iv)
|
Employee wearing lead apron -
per hour
|
$2.18
|
|
|
In Charge of Ward/Hospital
|
|
8
|
12(v)(a) & (b)
|
RN in charge of ward - per
shift
|
$36.00
|
9
|
12(vi)
|
RN in charge of ward also in
charge of hospital
|
$53.99
|
|
|
<100 beds - per shift
|
|
9(b)
|
12(ix)
|
RN in charge of ward also in
charge of hospital
|
$69.01
|
|
|
>100 beds - per shift
|
|
|
|
Climatic/Isolation
|
|
10
|
14(i)
|
Climatic Allowance - per week
|
$4.03
|
10
|
14(ii)
|
Isolation Allowance - per
week
|
$7.92
|
11
|
17(i)
|
Special rate for RN -
Tibooburra and Ivanhoe Hospitals - per week
|
$35.55
|
11
|
17(i)
|
Special rate for EN, AIN -
Tibooburra and Ivanhoe Hospitals - per week
|
$15.49
|
|
|
Justice Health
|
|
11a.
|
17(iii)
|
Justice Health Service Environmental
Allowance per
|
$3157
|
|
|
annum
|
|
11b.
|
17(iv)
|
Justice Health Service
Productivity Allowance - per week
|
$77.83
|
|
|
Excess Fares
|
|
12
|
20(iv)(b)
|
Excess Fares - per day
|
$5.58
|
|
|
Uniform and Laundry
Allowance
|
|
13
|
23(iii)(a)
|
Uniform Allowance - per week
|
$7.99
|
13
|
23(iii)(a)
|
Shoes Allowance - per week
|
$2.47
|
13
|
23(iii)(a)
|
Uniform (including shoes
allowance) - per week
|
$10.45
|
13
|
23(iii)(a)
|
Cardigan or Jacket Allowance
- per week
|
$2.40
|
14
|
23(iv)
|
Laundry Allowance - per week
|
$6.66
|
|
|
Accommodation and Board
Deductions
|
|
15
|
38(iii)(a)
|
Separate bedroom - per week
|
$75.37
|
15
|
38(iii)(b)
|
Self-contained flat - per
week
|
$91.84
|
16
|
38(iv)
|
Deduction for meals (per
week)
|
$162.69
|
17
|
38(v)(b)
|
Breakfast - per meal
|
$5.50
|
17
|
38(v)(b)
|
Other meals - per meal
|
$10.02
|
|
|
CSSD
|
|
18
|
12(viii)
|
EN employed in CSSD unit with
CSSD Cert - per week
|
$17.07
|
|
|
Flight Nurses
|
|
19
|
17(v)
|
Industry Allowance, Flight
Nurses, Ambulance Service - per week
|
$17.43
|
|
|
Continuing Education
Allowance (CEA)
|
|
20
|
13(ii)
|
CEA - Post Registration
Hospital Certificate - per week
|
$41.90
|
21
|
13(iii)
|
CEA - Post Graduate
Certificate - pw
|
$41.90
|
22
|
13(iv)&(x)
|
CEA - Post Graduate Diploma
or Degree - per week
|
$63.00
|
23
|
13(v)&(x)
|
CEA - Masters Degree or
Doctorate - per week
|
$75.70
|
24
|
13(vii)
|
CEA - Enrolled Nurse
Certificate 4 - per week
|
$30.20
|
25
|
13(viii)
|
CEA - Enrolled Nurse Advanced
Diploma of Nursing (Enrolled/Division 2 Nursing) - per week
|
$37.90
|
SCHEDULE 1: NURSE/MIDWIFE MANAGERS
A registered nurse/midwife who:
Grade 1
(a) participates in the
management of the nursing service as the Deputy Nurse Manager in a small health
facility or hospital and is responsible to an on-site Nurse Manager;
(b) supervises the nursing
services in a small health facility or hospital on evenings, nights and/or
weekends (where such a position exists as a separate and substantive position).
Grade 2
(a) supervises the nursing
services in a health facility or hospital greater than 100 ADA on evenings,
nights and/or weekends;
(b) participates in the
management of the nursing service of a small health facility or hospital as the
Deputy Nurse Manager, and is responsible to a nurse manager who has
responsibility for the management of two or more hospitals;
(c) co-ordinates and manages a
function, service or section (including a ward and/or
unit or community nursing service) within a health facility or hospital.
Grade 3
(a) co-ordinates and manages a
nurse education service of a hospital or group of hospitals or health facility,
supervising at least one other nurse educator (provided that the requirement to
be responsible for one or more nurse educators shall not apply in the case of
an employee who is regarded by his or her employer as a resource person for
other nurse educators or who is a sole educator for that nurse education
service);
(b) participates in the
management of nursing services as the Deputy Nurse Manager in a medium-sized
health facility or hospital (other than a tertiary referral teaching hospital);
(c) is responsible for the
management of nursing services in a small health facility or hospital;
(d) is the on-site executive officer
in addition to responsibility for the management of nursing services in a
facility or hospital generally not exceeding 10 ADA;
(e) co-ordinates and manages a
complex function, service or section (including a
large and/or complex ward and/or unit or community nursing service) within a
health facility or hospital.
Grade 4
(a) participates in the
management of nursing services as the Deputy Nurse Manager in a complex
hospital (other than a tertiary referral teaching hospital);
(b) is responsible for the
overall management of nursing services across a group of small hospitals or
facilities or health services;
(c) co-ordinates and manages a
hospital wide function or service in a tertiary referral teaching hospital.
Grade 5
(a) is responsible for nursing
operations in a major clinical division (for example, surgery or medicine) of a
teaching hospital (other than a tertiary referral teaching hospital);
(b) co-ordinates and manages a
complex nurse education function;
(c) is the on-site executive officer
in addition to responsibility for the management of nursing services in a
facility or hospital (or group) generally greater than 10 ADA and generally not
exceeding 30 ADA;
(d) is responsible for management
of nursing services in a medium sized health facility or hospital.
Grade 6
(a) is the on-site executive
officer in addition to responsibility for the management of nursing services in
a facility or hospital (or group) generally greater than 30 ADA and generally
not exceeding 75 ADA;
(b) is responsible for the
management of nurse education in a Local Health District where the largest
hospital in the District is less than 250 ADA;
(c) participates in the
management of the nursing services as the Deputy Nurse Manager in a tertiary
referral teaching hospital;
(d) is responsible for nursing
operations in a major clinical division of a tertiary referral teaching hospital;
(e) is responsible for management
of nursing services in a medium sized health facility or hospital.
Grade 7
(a) is responsible for the
management of nursing services in a complex hospital;
(b) is responsible for the
management of nursing services across a group of medium-sized hospitals or
facilities or health services;
(c) is responsible for the
management of nurse education in a Local Health District where the largest
hospital in the District has an ADA greater than 250.
Grade 8
(a) is responsible for the
overall management of nursing services across a group of complex hospitals or
facilities or health services;
Grade 9
(a) is the Local Health District
Director of Nursing Services in a rural Local Health District;
(b) is responsible for the
nursing services in a major teaching hospital providing tertiary referral
services.
CORE KNOWLEDGE AND SKILLS
GROUP
|
Leadership
|
Communication
|
Knowledge
|
Performance
|
Planning
|
Resource
|
|
|
|
|
Management
|
|
Management
|
Grade 1
|
Ability to provide
|
Ability to represent nurses
|
Ability to utilise and share
|
Ability to assess the
|
Ability to set goals,
|
Ability to effectively
|
|
leadership as a resource
|
and consult with staff and
|
knowledge and skills
|
competence of staff, and
|
formulate and implement
|
allocate and manage
|
|
person and role model
|
other health professionals
|
relating to nursing practice.
|
identify strengths and
|
plans to achieve identified
|
resources and set nursing
|
|
in the clinical setting
|
appropriately. Ability to
|
Ability to contribute to and
|
limitations. Ability to
|
outcomes. Ability to
|
priorities.
|
|
and in professional
|
identify to and mediate
|
utilise research.
|
facilitate professional
|
contribute to the
|
|
|
relationships and act as a
|
potential and actual conflict
|
|
development of staff.
|
implementation of
|
|
|
mentor for less experienced
|
between individuals.
|
|
Ability to facilitate
|
organisational change.
|
|
|
staff
|
|
|
activities which enhance
|
|
|
|
|
|
|
the practice of staff.
|
|
|
Grade 2
|
Ability to lead the
|
|
Ability to acquire and
|
|
Ability to contribute to
|
Ability to develop,
|
|
development of policy
|
|
utilise a sound and
|
|
an operational plan for
|
monitor and evaluate
|
|
relating to nursing practice
|
|
contemporary knowledge
|
|
the nursing service and
|
nursing resource
|
|
and provide leadership
|
|
of nursing professional
|
|
coordinate the process of
|
allocation.
|
|
through direction and
|
|
and management issues.
|
|
organisational change.
|
|
|
support to staff.
|
|
|
|
|
|
Grade 3
|
Ability to develop
|
Ability to utilise a broad
|
Ability to facilitate the
|
Ability to undertake
|
Ability to develop an
|
Ability to develop a
|
|
leadership and
|
range of communication
|
acquisition of knowledge
|
planning for and monitor
|
operational plan for the
|
staffing profile
|
|
management potential in
|
skills selectively in a
|
by individuals and
|
performance in areas of
|
nursing service.
|
appropriate to service
|
|
staff. Ability to identify
|
variety of settings.
|
groups.
|
responsibility for both
|
|
needs. Ability to
|
|
the need for and initiate
|
|
|
individuals and teams.
|
|
develop nursing service
|
|
the development of
|
|
|
Ability to undertake a
|
|
budget within prescribed
|
|
policy relating to the
|
|
|
range of performance
|
|
parameters.
|
|
nursing service.
|
|
|
management activities
|
|
|
|
|
|
|
appropriately
|
|
|
Grade 4
|
Ability to evaluate and
|
Ability to represent the
|
Ability to acquire and
|
Ability to develop
|
Ability to coordinate
|
Ability to identify nursing
|
|
adjust policy.
|
nursing service inside and
|
utilise a sound and
|
performance assessment
|
planning across a range
|
and/or health service
|
|
|
and outside the organisation
|
contemporary knowledge
|
indicators and skill
|
of services. Ability to
|
budget requirements and
|
|
|
at a local level. Ability to
|
of health management
|
development tools.
|
manage the process of
|
negotiate for funding
|
|
|
identify and mediate
|
and organisational issues.
|
|
organisational change,
|
allocation.
|
|
|
potential and actual conflict
|
Ability to foster quality
|
|
evaluate the outcome
|
|
|
|
between groups.
|
research activities.
|
|
and adjust direction.
|
|
Grade 5
|
Ability to develop an
|
Ability to manage media
|
Ability to identify,
|
Ability to coordinate
|
Ability to contribute to
|
|
|
environment which
|
relations related to local
|
evaluate and incorporate
|
performance management
|
a strategic plan for the
|
|
|
promotes continuous
|
issues within a policy
|
where appropriate
|
activities within a range
|
nursing service.
|
|
|
improvement in practice.
|
framework. Ability to
|
emerging trends within
|
of services.
|
|
|
|
|
represent the organisation
|
the profession of
|
|
|
|
|
|
at a local level.
|
nursing.
|
|
|
|
Grade 6
|
Ability to develop a culture
|
|
|
Ability to monitor and
|
Ability to develop a
|
Ability to assess nursing
|
|
within the organisation
|
|
|
evaluate performance
|
strategic plan for the
|
and/or health service
|
|
which is open to critical
|
|
|
management across the
|
nursing service and
|
resource utilisation and
|
|
reflection and change.
|
|
|
organisation and identify
|
contribute to the
|
make recommendation
|
|
|
|
|
opportunities to realise
|
development of a strategic
|
|
|
|
|
|
enhanced performance.
|
plan for the organisation.
|
|
Grade 7
|
|
Ability to represent the
|
Ability to identify, evaluate
|
Ability to enhance
|
|
|
|
|
nursing service in a range
|
and incorporate where
|
organisational performance
|
|
|
|
|
of including State and
|
appropriate emerging
|
through collaboration with
|
|
|
|
|
National.
|
trends within health care.
|
other health facilities.
|
|
|
Grade 8
|
Ability to vision and
|
Ability to represent the
|
Ability to identify, evaluate
|
|
Ability to generate and
|
|
|
articulate the potential for
|
organisation at a State
|
and incorporate where
|
|
develop a strategic plan
|
|
|
the organisation
|
and National level.
|
appropriate emerging
|
|
for the organisation.
|
|
|
|
|
trends within the broader
|
|
|
|
|
|
|
service and business
|
|
|
|
|
|
|
industry which have the
|
|
|
|
|
.
|
|
potential to enhance nursing
|
|
|
|
|
|
|
and/or health
|
|
|
|
Grade 9
|
Ability to contribute to
|
Ability to negotiate on
|
|
Ability to enhance
|
Ability to analyse the
|
Ability to identify
|
|
and influence emerging
|
behalf of the organisation.
|
|
organisational performance
|
strategic plan of the
|
additional funding sources
|
|
trends within nursing and
|
|
|
through collaboration with
|
organisation for continuing
|
and negotiate funding as
|
|
health.
|
|
|
other organisations both
|
relevance and adjust
|
required.
|
|
|
|
|
within and outside the area
|
direction. Ability to
|
|
|
|
|
|
of health.
|
contribute to a strategic
|
|
|
|
|
|
|
plan for health care in a
|
|
|
|
|
|
|
range of forums including
|
|
|
|
|
|
|
at a State and National
|
|
|
|
|
|
|
level.
|
|
Represents core knowledge and
skills. Each grade represents a higher level of function than those beneath. An
assumption is made that those at Grade 8 (for example) will already have the
knowledge and skills outlined in Grades 1-7.
SCHEDULE 2
1. The
following qualifications shall attract the allowance set out in subclause (ii)
of clause 13, Continuing Education Allowance.
In addition to the qualifications listed below, a qualification deemed
to be equivalent by agreement between the Ministry and the Association shall
attract the allowance set out in subclause (ii) of clause 13, Continuing
Education Allowance.
Clinical
Speciality
|
Course
|
Institution
|
Cardiology/Coro Care
|
Cardio-Thoracic Diseases
Nursing Certificate
|
Randwick Chest Hospital
|
|
|
Royal North Shore Hospital
|
|
|
Royal Prince Alfred Hospital
|
|
|
St Vincent’s Hospital,
Darlinghurst
|
|
Cardiology Nursing
Certificate
|
Parramatta Hospitals,
Westmead
|
|
Cardio-Vascular and
Respiratory Course
|
Royal Newcastle Hospital
|
|
Cardiology Nursing
Certificate
|
Parramatta Hospitals,
Westmead
|
|
Cardio-Vascular and
Respiratory Course
|
Royal Newcastle Hospital
|
|
Cardiac Nursing Course
|
Royal North Shore Hospital
|
|
|
Royal Prince Alfred Hospital
|
|
|
St Vincent’s Hospital,
Darlinghurst
|
|
|
Royal Melbourne Hospital
|
|
|
National Heart and Chest
Hospital, London
|
|
Coronary Care Unit
Certificate
|
Prince Henry’s Hospital
Melbourne
|
|
Cardio-Thoracic Vascular
Nursing Course
|
Green Lane Hospital, New
Zealand
|
|
Cardiothoracic Nursing Course
|
Freeman Hospital,
Newcastle-Upon-Tyne, U.K.
|
|
|
Groby
Road Hospital, Leicester, U.K.
|
Community Health
|
Public Health Nursing Diploma
|
College of Nursing, Australia
|
|
Health Visitors Certificate
|
The Royal Sanitary Institute,
U.K.
|
Critical Care
|
Critical Care Nursing
Certificate
|
Prince Henry, Prince of Wales
Hospitals
|
|
Emergency Nursing Course
|
Liverpool Hospital
|
|
Critical Care Nursing Course
|
Geelong Hospital
|
|
|
Waikato Hospital, New Zealand
|
Developmental Disability
|
Mental Retardation
Certificate
|
NSW Nurses Registration Board
|
|
Developmental Disability
Certificate
|
|
|
Any Developmental disability certificate accepted for
registration as a developmental disability nurse prior to 1985 by the NSW
Nurses
|
|
Registration Board in addition to the qualification
entitling registration by the Nurses and Midwives Board.
|
Geriatrics
|
Geriatric Certificate
|
NSW Nurses Registration Board
|
Intensive Care
|
Intensive Care Nursing
Certificate
|
Royal Newcastle Hospital
|
|
|
Liverpool District Hospital
|
|
|
Royal Prince Alfred Hospital
|
|
|
St George Hospital
|
|
|
St Vincent’s Hospital,
Darlinghurst
|
|
|
Northern Met Region, Health
Dept.
|
|
|
Southern Met Region, Health
Dept
|
|
|
Sydney Hospital
|
|
|
RGH, Concord
|
|
|
Central Coast Area Health
Service
|
|
|
Royal Hobart Hospital
|
|
|
Royal Perth Hospital
|
|
|
St Vincent’s, Melbourne
|
|
|
Canberra Hospital
|
|
Intensive Care Nursing and
Ward Management Diploma
|
College of Nursing, Australia
|
|
|
The Parramatta Hospitals,
Westmead
|
|
|
NSW College of Nursing
|
|
Intensive Care Unit
Certificate
|
Prince Henry’s Hospital,
Melbourne
|
Mental Health
|
Psychiatric Certificate
|
NSW Nurses Registration Board
|
|
Any mental health certificate
accepted for registration as a mental health nurse prior to 1985 by the NSW
Nurses Registration Board additional
|
|
to the qualification entitling
registration by the Nurses and Midwives Board.
|
|
Psychiatric Nursing Certificate
|
Metropolitan and Eastern
School of Psychiatric Nursing, Victoria
|
|
|
Western Area College of
Nursing, Ireland
|
|
Advanced Diploma in Nursing (Mental
Health)
|
Christchurch Polytechnic, New
Zealand
|
|
Mentally Ill Qualification
|
Prestwick Hospital,
Manchester, U.K.
|
|
|
Southern Area Group School of
Nursing, U.K.
|
|
Mental Illness Nursing
certificate
|
Bromley Health Authority,
U.K.
|
Midwifery
|
Midwifery Certificate
|
NSW Nurses and Midwives Board
|
|
Any midwifery certificate
accepted for registration as a midwife by the Nurses and Midwives Board
additional to the qualification entitling
|
|
registration as a registered nurse.
|
Neurology
|
Neurology and Neurosurgical Nursing
Certificate
|
Royal Prince Alfred Hospital
|
|
|
Melbourne Hospital
|
|
Neuromedical/Neurosurgical
Nursing Course
|
Royal North Shore Hospital
|
|
|
Prince Henry/Prince of Wales
Hospitals
|
|
|
Westmead Hospital
|
|
Neuro-Surgical Nursing
Certificate
|
Royal Perth Hospital
|
|
Certificate in Neuro-Surgical
and Neurological Nursing
|
Alkinson-Morley
Hospital, London
|
Occupational Health
|
Public Health Nursing
(Occupational Health) Diploma
|
College of Nursing, Australia
|
Oncology
|
Oncology Certificate
|
Peter MacCallum Clinic,
Melbourne
|
Operating Theatres
|
Operating Suite Nurse Course
|
Westmead Hospital
|
|
Operating Theatre Nursing
Certificate
|
Prince Henry, Prince of Wales
Hospitals
|
|
|
Royal North Shore Hospital
|
|
|
Royal Prince Alfred Hospital
|
|
|
St Vincent’s Hospital
Darlinghurst
|
|
|
Hunter Region, Health Dept
|
|
|
Royal Hobart Hospital
|
|
|
Kent and Canterbury
Hospitals, U.K.
|
|
Operating Theatre Nursing and
Management Diploma
|
College of Nursing Australia
|
|
|
NSW College of Nursing
|
|
Post basic Course in
Operating Room Nursing
|
RGH, Concord
|
|
Graduate Certificate in
Perioperative Nursing
|
Liverpool Hospital
|
|
Graduate Certificate in
Anaesthetic and Recovery Nursing
|
Liverpool Hospital
|
|
Operating Room Nursing
Certificate
|
Royal Adelaide Hospital
|
|
Operating Room Post Basic
Course
|
Western General Hospital,
|
|
Operating Room Technique and Management
|
Melbourne Repatriation and General Hospital, Heidelberg,
Victoria
|
|
Operating Theatre Techniques
and Management Certificate
|
St Vincent’s Hospital, Melbourne
|
|
Operating Theatre Techniques Certificate
|
Royal Melbourne Hospital
|
|
|
South African Nursing Council
|
|
|
Middlesex Hospital, U.K.
|
|
Operating Theatre Nursing
Course
|
Epsom District Hospital, London
|
|
|
Nottingham School of Nursing, U.K.
|
|
Operating Department Nursing Certificate
|
East Berkshire School of Nursing, U.K.
|
|
|
Wexham Park Hospital, Slough, Berkshire, U.K.
|
|
|
Lewisham School of Nursing, London Queen Elizabeth School of
|
|
|
Nursing, Birmingham, U.K.
|
|
Operating Department Nursing
Course
|
English National Board for Continuing Education and
Training,
|
|
|
Hillington Health Authority, U.K.
|
Ophthalmology
|
Ophthalmic Nursing
Certificate
|
Sydney Hospital
|
Orthopaedics
|
Certificate in Orthopaedic
Nursing
|
Moorefields Hospital, London
Royal National Orthopaedic Hospital,
|
|
|
London and Stanmore, Middlesex Heathwood Hospital, Ascot,
U.K.
|
|
Orthopaedic Nursing Certificate
|
Gartnavel General Hospital,
Glasgow, U.K. Nuffield Orthopaedic
|
|
|
Centre, Oxford, U.K.
|
|
|
Princess Elizabeth Orthopaedic Hospital, U.K.
|
|
|
Basingstoke North Hampshire Health Authority, U.K.
|
|
Orthopaedic Nursing Course
|
Robert Jones and Agnes Hunt Orthopaedic Hospital, U.K.
|
Paediatrics
|
Infants Certificate
|
NSW Nurses Registration Board
|
|
Mothercraft Certificate
|
|
Renal
|
Renal Diseases and
Transplantation Certificate
|
Prince Henry, Prince of Wales Hospitals
|
|
|
Royal Newcastle Hospital
|
|
|
Royal Prince Alfred Hospital
|
|
|
Sydney Hospital
|
|
Nephrology, Dialysis and
Transplant Nursing Certificate
|
Royal North Shore Hospital
|
|
Graduate Certificate in Renal
Nursing
|
Liverpool Hospital
|
|
Renal Nursing Certificate
|
Guys Hospital, London
|
|
|
St Mary’s Hospital, London
|
|
Renal Nursing Course
|
The London Hospital
|
Thoracic
|
Thoracic Nursing Certificate
|
The British Thoracic Association
|
SCHEDULE 3
1. The following qualifications
shall attract the allowance set out in subclause (vii) of clause 13, Continuing
Education Allowance. In addition to the qualifications listed below, a
qualification deemed to be equivalent by agreement between the Ministry and the
Association shall attract the allowance set out in subclause (vii) of clause
13, Continuing Education Allowance.
Clinical
Speciality
|
Course
|
Institution
|
Paediatrics
|
Mothercraft Certificate
|
NSW Nurses and Midwives Board.
|
|
|
(In addition to the qualification entitling enrolment by
the Nurses and
|
|
|
Midwives Board.)
|
N. CONSTANT, Chief Commissioner
____________________
Printed by
the authority of the Industrial Registrar.