PUBLIC HEALTH SYSTEM NURSES' AND MIDWIVES' (STATE) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by New South
Wales Nurses Association, industrial organisation of employees.
(No. IRC 6060 of 2005)
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Before The Honourable
Justice Boland
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5 December 2005
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AWARD
Part A
1. Arrangement
PART A
Clause No. Subject Matter
38. Accommodation
and Board
30. Annual
Leave
31. Annual
Leave Loading
49. Anti-discrimination
58. Area,
Incidence and Duration
1. Arrangement
21. Car
Allowance
56. Career
Break Scheme
14. Climatic
and Isolation Allowances
13. Continuing
Education Allowance
52. Deduction
of Union Membership Fees
3. Definitions
41. Deputy
Directors of Nursing, Assistant Directors of Nursing
48. Disputes
44. Domestic Work
26. Escort
Duty
50. Exemptions
32. Family and
Community Services Leave and Personal/Carers’ Leave
16. Fares and
Expenses
39. Grading
Committee
40. Gradings
of Positions of Nurse Manager
24. Higher
Grade Duty
7. Hours of
Work and Free Time of Directors of Nursing and Area Managers, Nurse Education
4. Hours of
Work and Free Time of Employees Other Than Directors of Nursing and Area
Managers, Nurse Education
6. Introduction
of Change
46. Labour
Flexibility
55. Learning
and Development Leave
33. Long Service
Leave
34. Maternity,
Adoption and Parental Leave
43. Medical
Examination of Nurses
35. Military
Leave
20. Mobility,
Excess Fares & Travelling
2. No Extra
Claims
19. Nurses on
Secondment
25. Overtime
29. Part-time,
Casual and Temporary Employees
27. Payment
and Particulars of Salaries
15. Penalty
Rates for Shift Work and Weekend Work
5. Pilot
Roster Projects
42. Proportion
22. Provision
of Communication Device
53. Reasonable
Workloads for Nurses
28. Registration
or Enrolment Pending
36. Repatriation
Leave
57. Reviews
and Commitments during term of this Award
47. Right of
Entry
8. Rosters
9. Salaries
51. Salary
Packaging
10. Salary
Sacrifice to Superannuation
37. Sick Leave
12. Special
Allowances
17. Special
Rates and Conditions
18. Telephone
Allowance
45. Termination
of Employment
54. Trade
Union Activities
11. Transitional
Arrangements - Registered Nurse Incremental Scale
23. Uniform
and Laundry Allowances
PART B
MONETARY RATES
Table 1 - Salaries
Table 2 - Other Rates and Allowances
2. No Extra Claims
There shall be no further salary or conditions claims made
during the term of this Award, that is, to 30 June 2008, except as provided for
in the Memorandum of Understanding between the Corporation and the Association
dated 14 June 2005.
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:
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Daily Average =
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Total Occupied Bed Days
for the Period Less Unqualified Baby Bed Days
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Average Number of Days in
the Period
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Neo-natal Adjustment =
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Total Bed Days of
Unqualified Babies for the Period
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2 X Number of Days in the
Period
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Non-inpatient =
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Total NIOOS Equivalents
for the Period
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10 X Number of Days in the
Period
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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).
"Ambulance Service" means the Ambulance Service of
NSW.
"Area Health Service" means an Area Health Service
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.
"Area Manager, Nurse/Midwifery Education" - refer
to Schedule 1, Nurse Managers.
"Assistant in Nursing/Midwifery" means a person,
other than a registered nurse, trainee or enrolled nurse, 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'
Association.
"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 Nurses' and Midwives’ Board of
New South Wales.
"Career Break Scheme" means a scheme where
employees may apply for an option to defer twenty percent of their salary for
four years, and be paid this deferred salary in the fifth year.
"Clinical Nurse/Midwifery Educator" means a
registered nurse with relevant post-registration certificate qualifications,
who is required to implement and evaluate educational programs at the ward/unit
level. The Clinical Nurse Educator
shall cater for the delivery of clinical nurse/midwife education in the
ward/unit level only.
An employee will achieve Clinical Nurse Educator status on a
personal basis by being required by the public hospital/public health
organisation to provide the educational programs detailed above. Nothing in this clause shall affect the role
carried out by the Clinical Nurse Specialist as a specialist resource and the
Clinical Nurse Consultant in the primary role of clinical consulting,
researching, etc.
"Clinical Nurse/Midwifery Specialist" means:
A registered nurse with relevant post-basic qualifications
and twelve months experience working in the clinical area of his/her specified
post-basic qualification, or
a minimum of four years post-basic registration experience,
including three years experience in the relevant specialist field; and
who satisfies the local criteria.
"Clinical Nurse/Midwifery Consultant Grade 1"
means: a registered nurse 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/Midwifery Consultant Grade 2"
means: a registered nurse 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/Midwifery Consultant Grade 3"
means: a registered nurse 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.
"Corporation" means the Health Administration
Corporation.
"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. This year cannot be compacted into a period of less than twelve
months.
"Department" means the Department of Health, New
South Wales.
"Deputy Director of Nursing" - refer to Schedule
1, Nurse Managers.
"Enrolled Nurse" means a person enrolled by the
Board as such.
"Enrolled Nurse - Medication Endorsement" means a
person enrolled by the Board and endorsed to administer medications by the
Board.
"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 Department from time to time.
"Enrolled Nurse - Special Grade, Medication
Endorsement" 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 and endorsed to administer medications by the Board. 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 Department from time to
time.
"Experience" in relation to a trainee enrolled
nurse or 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 a trainee enrolled nurse, enrolled nurse 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 16 of the Health Services Act 1997,
or the Ambulance Service of New South Wales as defined in s.4 of the Ambulance
Services Act 1990, or their successors, assignees or transmittees.
"Manager, Nurse/Midwifery Education" - refer
to Schedule 1, Nurse Managers.
"Nurse/Midwifery Educator" means a registered
nurse with a post-registration certificate, who has relevant experience or
other appropriate qualifications and who is appointed to a position of Nurse
Educator.
A Nurse Educator shall be responsible for the
development, implementation and delivery of nursing education programs within
an area, group or public hospital.
Nurse education programs shall mean courses conducted such as
post-registration certificates, continuing nurse education, new graduate orientation,
post-registration enrolled nurses courses and, where applicable, general staff
development courses.
A person appointed to a position of Nurse Educator who
holds relevant tertiary qualifications in education or tertiary post-graduate
specialist clinical nursing qualifications shall commence on the 3rd year rate
of the salary scale.
A person appointed as a sole nurse educator in a public
hospital, district or region shall be paid at the 3rd year rate of the salary
scale. Incremental progression for
Nurse Educators shall be on completion of 12 months satisfactory service,
provided that progression shall not be beyond the 3rd year rate unless that
person possesses the qualifications detailed in the two previous
paragraphs. Persons appointed to the
3rd year rate by virtue of paragraphs 3 and 4 above shall progress to the 4th
year rate after completion of 12 months satisfactory full-time service.
"Nurse/Midwifery Manager" means any employee
who is allocated to a nurse manager grade in accordance with Clause 40 of this
award.
"Nurse/Midwifery Practitioner" means a
registered nurse appointed as such to a position approved by the Director
General and who is authorised by the Nurses’ and Midwives’ Board of New South
Wales, pursuant to Section 19A of the Nurses Act 1991, to practice as a
nurse practitioner.
"Nurse/Midwifery Practitioner Year 3 and
Thereafter" means a registered nurse appointed as such to a position
approved by the Director-General and who is authorised by the Nurses’ and
Midwives’ Board of New South Wales, pursuant to section 19A of the Nurses’
Act 1991, to practice as a Nurse Practitioner; and who is working within
clinical guidelines approved pursuant to section 78A of the Nurses’ Act
1991.
Provided that a Nurse Practitioner shall not progress
or be appointed to Nurse 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 Practitioner cannot be appointed directly to Nurse
Practitioner Year 3 and Thereafter."
"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 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.
Provided that the classification of Nursing Unit
Manager Level 1 shall include those registered nurses who, as at 27 June 1986,
were appointed as Charge Nurses or Supervisors of 20 but less than 50 beds or
who were appointed at a rate of pay equal to the latter.
"Nursing 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 Unit Manager Level 1.
Provided that the classification of Nursing Unit
Manager Level 2 shall include those registered nurses who, as at 27 June 1986,
were appointed as Supervisors of 50-75 beds or at a rate of pay equal thereto.
"Nursing 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 Unit Manager Level 2.
Provided that the classification of Nursing Unit
Manager Level 3 shall include those registered nurses who, as at 27 June 1986,
were appointed as Supervisors of 75-100 beds or at a rate of pay equal thereto.
Provided further, in relation to those nurses
classified in accordance with this definition as Nursing Unit Managers on the
basis of their former appointment as Charge Nurses or Supervisors, as the case
may be, that nothing in this definition shall prevent them from being
considered for regrading at any time after 27 June 1986.
"Public Health Organisation" means:
(a) an area health
service, 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 an area health service, 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 Health Administration
Corporation).
"Registered Nurse" means a person registered by
the Board as a Registered Nurse and/or Registered Midwife.
"Residential Care Nurse" means a person other than
a registered nurse or enrolled nurse, who is employed in the delivery of
nursing care to clients in residential settings conducted by or on behalf of
public hospitals or public health organisations, and which are located either
in the general community or in the grounds of public hospitals, excepting any
"off campus" or "satellite" group homes generated from the
Weemala Unit of the Royal Rehabilitation Service. The duties performed by Residential Care Nurses shall comprise
assisting with the care of residents which may include the supervision,
training and assistance of residents in the performance of household tasks such
as laundry, kitchen, general maintenance or other personal support tasks.
"Senior Nurse/Midwifery 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 Department, 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.
"Trainee Enrolled Nurse" means a person who is
being trained to become an enrolled nurse in a hospital recognised by the Board
as a training school for enrolled nurses.
"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 meal times, 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 as
per Department of Health Policy Directive No. PD2005_561 dated 22 March 2005
(Circular No. 95/17),
employees working 10 hour shifts are entitled to one additional day off duty
each five weeks, 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,
ie. 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.
(b) Employees
shall not be entitled to the provisions of paragraph (a) of subclauses (iii)
and (v) of this clause (i.e. an additional day off as a consequence of a 38
hour week) when undertaking block training.
(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 seven. This limit on accumulation means that any
employee who has already accumulated seven 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:
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Breakfast -
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between 6am and 9am
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Midday Meal -
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between 12 noon and 2pm
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Evening Meal -
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between 5pm and 7pm
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Night Meal -
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between 10pm and 2am.
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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.
(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) Employees who
are lactating shall be entitled to one paid break 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 Unit Manager or
to a registered nurse in charge as the case may be, who is employed permanently
in charge at night.
(e) Except in
cases of emergency, a trainee enrolled nurse shall not be employed on night
duty for more than 10 weeks in any one year of training.
(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 10, 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) All rostered
time off duty occupied by a trainee enrolled nurse in attendance at lectures
and demonstrations given in the course of instruction in the theory and
practice of nursing or during the time necessarily occupied in attending at and
sitting for prescribed examinations shall be deemed to be time worked.
(xix) 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.
5. Pilot Roster
Projects
(i) Notwithstanding
any other provision of this award, Pilot Roster Projects for the purposes of
trialling flexible roster practices or 12 hour shifts 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.
(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 subclause (c) when implementing such
project.
(ii) The
Association agrees to participate in a review of the operation of this clause,
if requested by the Department.
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:
termination of employment;
major changes in the composition, operation or size of
the employer’s workforce or in the skills required;
changes in employment and/or promotional opportunities
or job tenure for a class or group of employees;
the alteration of hours of work for a class or group of
employees; or in
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 paragraph (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, Department or Corporation; or is an exempt matter under the Freedom
of Information Act 1989.
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.
(iii) 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 two 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 or Enrolled Nurse - Special Grade who is endorsed to administer
medication will be classified and paid as an Enrolled Nurse - Medication
Endorsement or Enrolled Nurse Special Grade - Medication Endorsement
respectively from the commencement of the first full pay period following the
issuing by the Board of their Letter of Endorsement to Administer Medication or
Authority to Practice Certificate, Enrolled Nurse including Endorsement to
Administer Medication, whichever is issued earlier.
Provided that an Enrolled Nurse - Medication
Endorsement 1st year shall not progress to Enrolled Nurse - Medication
Endorsement 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.
10. Salary Sacrifice
to Superannuation
(i) Notwithstanding
the salaries prescribed in Part B Monetary Rates of this award an employee may
elect, subject to the agreement of the employee’s employer, to sacrifice a
portion of the salary payable under Clause 8 to additional employer
superannuation contributions. Such
election must be made prior to the commencement of the period of service to
which the earnings relate. The amount sacrificed must not exceed fifty (50)
percent of the salary payable under Clause 8 or fifty (50) percent of the
currently applicable superannuable salary, whichever is the lesser. In this clause:
(a) "superannuable
salary" means the employee’s salary as notified from time to time to the
New South Wales public sector superannuation trustee corporations.
(b) "Employer"
shall mean the Health Administration Corporation of New South Wales."
(ii) Where the
employee has elected to sacrifice a portion of that payable salary to
additional employer superannuation contributions:
(a) subject to
Australian Taxation Law, the sacrificed portion of salary will reduce the
salary subject to appropriate PAYE taxation deductions by the amount of that
sacrificed portion; and
(b) any allowance,
penalty rate, overtime, payment for unused leave entitlements, weekly worker’s
compensation, or other payment, other than any payments 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 Clause 8 of this Award in the absence of any
salary sacrifice to superannuation made under this Award.
(iii) The employee
may elect to have the portion of payable salary which is sacrificed to
additional employer superannuation contributions:
(a) paid into the
superannuation scheme established under the First State Superannuation Act
1992 as optional employer contributions; or
(b) subject to the
Employers agreement, paid into private sector complying superannuation scheme
as employer superannuation contributions.
(iv) Where an
employee elects to salary sacrifice in terms of subclause (iii) above, the
Employer will pay the sacrificed amount into the relevant superannuation fund.
(v) Where the
employee is a member of a superannuation scheme established under:
(a) the Police
Regulation (Superannuation ) Act 1906;
(b) the Superannuation
Act 1916;
(c) the State
Authorities Superannuation Act 1987;
(d) the State
Authorities Non-contributory Superannuation Act 1987; or
(e) the First
State Superannuation Act 1992
the employee’s Employer must ensure that the amount of
any additional employer superannuation contributions specified in subclause (i)
above is included in the employee’s superannuable salary which is notified to
the New South Wales public sector superannuation trustee corporations.
(vi) Where, prior
to electing to sacrifice a portion of his/her salary to superannuation, an
employee had entered into an agreement with his/her Employer to have
superannuation contributions made to a superannuation fund other than a fund
established under legislation listed in subclause (v) above, the Employer will
continue to base contributions to that fund on the salary payable under
Clause 9 to the same extent as applied
before the employee sacrificed portion of that salary to superannuation. This clause applies even though the
superannuation contributions made by the Employer may be in excess of the
superannuation guarantee requirements after the salary sacrifice is
implemented.
11. Transitional
Arrangements - Registered Nurse Incremental Scale
(i) For the
purposes of this clause "transitional date" means the first pay
period commencing on or after 1 March 1997.
(ii) The year of
service for the purpose of the incremental scale for a registered nurse
employed at the transitional date shall be determined by locating the
registered nurse’s current year of service on the incremental scale in Column A
of the Transitional Table in subclause (iv).
The registered nurse’s incremental year of service shall be deemed to be
the year of service appearing opposite in Column B of the Transitional Table.
Provided that a registered nurse with eight or more actual years of service
shall be placed on the eighth year of service in Column B of the Transitional
Table.
(iii) Registered
nurses who commence employment with an employer after the transitional date
shall have their year of service determined as if they were employed by the
employer at the transitional date. That is; the transitional arrangements shall
apply to all periods of employment under this award, which commence on or after
the transitional date.
(iv) Transitional
Table:
|
Column A
|
Column B
|
|
(Old incremental
scale)
|
(New incremental
scale)
|
|
First year of service
|
First year of service
|
|
Second year of service
|
First year of service
|
|
Third year of service
|
Second year of service
|
|
Fourth year of service
|
Third year of service
|
|
Fifth year of service
|
Fourth year of service
|
|
Sixth year of service
|
Fifth year of service
|
|
Seventh year of service
|
Sixth year of service
|
|
Eighth year of service
|
Seventh year of service
|
|
UG1
|
Eighth year of service
|
|
Note: For the purposes of the old incremental scale only,
a
|
|
|
registered nurse who has obtained an appropriate degree in
|
|
|
Nursing or Applied Science (Nursing) or Health Studies
|
|
|
(Nursing) (referred to for the purposes of this clause as
a
|
|
|
"UG1" qualification) shall enter the incremental
scale on
|
|
|
the second year of service.
|
|
(v) The year of
service determined by this clause shall be the year of service only for the
purposes of clause 9, Salaries. In
particular this clause shall not affect the definition of service for the
purposes of clause 30, Annual Leave; clause 37, Sick Leave or clause 33, Long
Service Leave.
(vi) A registered
nurse’s anniversary date for the purpose of moving to the next year of service
is not affected by this clause.
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
Department 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 5 (c) and Grade 6 (a) 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 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 Unit Manager is rostered on duty if the day to day
clinical management role for the shift is delegated to a designated registered
nurse. Provided further that the
allowance shall also be paid in the absence of a Nurse Manager in facilities
where the Nurse Manager undertakes the functions usually carried out by a
Nursing Unit Manager.
(vi) A registered
nurse who is designated to be in-charge of a ward or unit when the Nursing 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 Manager undertakes
the functions usually carried out by a Nursing 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 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.
13. Continuing
Education Allowance
(i) An employee
employed in the classification of Registered Nurse (years 1 to 8), Nursing Unit
Manager or Nurse Manager Grade 1 and Nurse Manager Grade 2, 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 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.
(ii) An employee
who is employed in the classification of Nurse 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 shall be paid a continuing education allowance subject to
the conditions set out in subclause (i) of this clause.
(iii) Subject to
the preceding provisions in subclauses (i) and (ii) of this clause, an employee
who holds a post-graduate certificate (not including a hospital certificate)
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.
(iv) Subject to the
preceding provisions in the said subclauses (i) and (ii), 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 21 of the said Table 2.
(v) Subject to the
preceding provisions in the said subclauses (i) and (ii), an employee who holds
a masters degree or doctorate shall be paid an allowance of an amount set out
in Item 22 of the said Table 2.
(vi) An enrolled
nurse, who holds a relevant Certificate 4 continuing education qualification in
a clinical field, 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 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.
(vii) Subject to the
preceding provisions in subclause (vi) of this clause, an enrolled nurse who
holds a Certificate 4 qualification shall be paid an allowance of an amount set
out in Item 23 of the said Table 2.
(viii) 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.
(ix) 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 Health Department 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 Managers classified Grade 4 or above.
16. Fares And
Expenses
(i) A trainee
enrolled nurse sitting for an examination prescribed by the Board and required
to travel from the home centre to an examination centre shall be paid by the
employer all fares necessarily incurred in such travelling and, if it is
reasonably necessary, for each student nurse or trainee enrolled nurse to sleep
away from such home centre, the travelling allowance prescribed from time to
time by clause 46 of the Public Sector Management (General) Regulation 1996
shall apply. "Home Centre"
means the town in which is situated the public hospital at which such trainee
enrolled nurse is employed.
(ii) An employee
required to travel in the performance of duty shall be reimbursed first-class
fares (including sleeper accommodation) and all reasonable out-of-pocket
expenses.
(iii)
(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 therefrom 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.
(iv) 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.
(v) Subclauses
(iii) and (iv) of this clause shall not apply to trainee enrolled nurses or 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.
(vi) Fares within
the meaning of this clause shall include only fares incurred in respect of
travel within New South Wales.
(vii) 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;
Enrolled Nurses;
Trainee Enrolled Nurses; 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 Corrections Health Service shall be paid a special
environmental allowance as set out in item 11A of Table 2 of Part B. Such allowance shall be adjusted from time
to time in accordance with any State Wage Case increase covering work-related
allowances. Part time and Casual
employees shall be paid this allowance on a pro rata basis. This allowance
shall be considered as salary for all purposes of this award (including the
calculation of overtime and penalty rates).
This allowance shall be treated as having been adjusted
by relevant State Wage Case adjustments up to and including the State Wage Case
2000 (2000) 97 IR 348.
(iv) All nurses
employed by the Corrections 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.
This allowance shall be treated as having been adjusted
by relevant State Wage Case adjustments up to and including the State Wage Case
2000 (2000) 97 IR 348.
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 value of
payments for meals shall be varied in accordance with variations to Division 3
of the Public Sector Management (General) Regulation 1996. However, such allowance
is to be the average of the allowances outlined for the meals specified.
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. Nurses on
Secondment
Trainee Enrolled Nurses who are required to travel to a TAFE
campus to attend the theoretical component of the Enrolled Nurse course or who
are seconded on a full-time basis to another public hospital or public health
organisation for purposes of training shall be granted conditions in accordance
with Department of Health Policy Directive No. 2005_444 dated 28 January 2005
(Circular No. 95/82), as amended from time to time.
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 his/her own mode of conveyance, the
employee shall be paid a kilometre allowance for kilometres travelled in excess
of the kilometres the employee normally travels between the accustomed place of
work and home. The kilometre allowance
will be as prescribed from time to time by Clause 50 of the Public Sector
Management (General) Regulation 1996.
(iii)
(a) Where an
employer has determined that an employee or employees should report to a new
accustomed place of work on a permanent basis, the decision must be discussed
with the affected employee(s) and the local branch of the 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
Department 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 his/her 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 from time to time by Clause 50 of the
Public Sector Management (General) Regulation 1996 less the said amount. This
amount shall be reviewed annually by the Corporation.
(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 his/her 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 the Department's Transport Allowance
in force from time to time.
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 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) In lieu of
supplying stockings to a female employee an employer shall pay the said
employee the sum as set in the said Item 13 per week.
(c) In lieu of
supplying socks to an employee, an employer shall pay the said employee the sum
as set in the said Item 13 per week.
(d) 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.
(vi) 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 Cullotte 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 an employee in a higher classification or is
called upon to act in a vacant position of a higher classification shall be
entitled to receive for the period of relief or the period during which he/she
so acts the minimum payment for such higher classification.
(ii) The
provisions of subclause (i) of this clause shall not apply where the employee
of the higher classification is off duty pursuant to clause 7, Hours of Work
and Free Time of Directors of Nursing and Area Managers, Nurse Education,
except in so far as a Director of Nursing accumulates days off for a continuous
period of one week or more or when an employee in a higher grade is absent from
duty by reason of his/her additional day off duty as a consequence of working a
38 hour week.
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, (ie. Permanent Part-Time
Employees) shall be entitled to payment for overtime in accordance with the
arrangements set out in Department of Health Policy Directive No. PD2005_439
dated 28 January 2005 (Circular No. 94/121) , 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 value of
payments for meals shall be varied in accordance with variations to Division 3
of the Public Sector Management (General) Regulation 1996. However, such
allowance is to be the average of the allowances outlined for the 3 meals
specified.
(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 10, 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 sub-clause.
(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,
ie. at the employee's base rate of pay.
(xi) This clause
shall not apply to Nurse Managers classified at Grade 4 or above, except where
all of the following criteria are met:
(a) the Nurse
Manager is employed in a small public hospital that does not employ Nurse
Managers to supervise the nursing services on evenings, nights and/or weekends;
and
(b) the Nurse
Manager is required to work overtime due to the public hospital having
insufficient nursing staff available to be rostered on duty at the relevant
time; and
(c) the Nurse
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 41, 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 statement containing the following particulars; namely, name, the
amount of ordinary salary, the total number of hours of overtime worked, if
any, the amount of any overtime payment, the amount of any other 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.
28. Registration Or
Enrolment Pending
(i) A student
nurse or trainee enrolled nurse who has passed the examination prescribed by
the Board, completed the course of training and applied for registration or
enrolment shall, upon registration or enrolment, be paid as from the date of
application for registration or enrolment the salary to which she or he would
have been entitled if registered or enrolled.
(ii) A nurse or
enrolled nurse who has trained outside New South Wales shall be paid as a registered
nurse or enrolled nurse as and from the date she or he is notified that she or
he is eligible for registration or enrolment as a registered nurse or enrolled
nurse provided that she or he makes application for registration within seven
days after being so notified.
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 2 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 4 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, ie. 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, Local 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, ie. at the employee's base rate of pay.
PART II
CASUAL EMPLOYEES
(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 2 hours for each start, and
one thirty-eighth of the appropriate allowances prescribed by clause 19,
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 32, Family and
Community Services Leave and Personal/Carer’s Leave, Clause 55, Learning and
Development Leave and sub-clause (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
sub-clauses (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
III 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 2
hours notice the casual employee must be paid a minimum payment of 2 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.
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 7 day basis - 6 weeks annual leave.
(b) All other
employees - 4 weeks annual leave.
(ii)
(a) An employee to
whom paragraph (a) of subclause (i) 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 special 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 special 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 4 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
Years Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac
Day, Queen's Birthday, local Labor 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 between Christmas Day and New Year's Day as determined by the
employer 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.
(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 6 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 6 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, 3 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 7 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 Department of Health Policy Directive No. PD2005_099 dated 25
January 2005 (Circular No. 96/71), as amended from time to time, dealing with
public sector staff mobility.
(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
|
provided that an employee may elect to be paid when
proceeding on annual leave an amount equivalent to the value of his or her
additional leave entitlement in lieu of taking the additional annual leave.
Such election is to be made in writing by the employee at the commencement of
each year of employment and is irrevocable during the currency of that year of
employment.
(b) 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 Department of Health Policy Directive No. PD2005_099 dated 25
January 2005 (Circular No. 96/71) , as amended from time to time, dealing with
public sector staff mobility.
31. Annual Leave
Loading
Employees shall be paid an annual leave loading in
accordance with the Department Circular No. 82/14 of 11.1.1982, 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 employees covered by this
Award, other than casual employees.
A. FACS Leave
(iii) 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).
(iv) FACS Leave
replaces Compassionate Leave.
(v) 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.
(vi) 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.
(vii) 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 subclause (iii) (a) of this clause.
(viii) 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
(ix) 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.
(x) 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 (ix) 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 3 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 sub clause (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.
(xi) 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 5 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 5 consecutive annual leave days
are taken;
(b) long service
leave; or
(c) leave without
pay for the purpose of providing care and support to the person concerned as
defined above.
C. Flexible Work Practice Alternatives to
Using FACS or Personal/Carer’s Leave
(xii) 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
sub-clause (ix) 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 (xii) (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 12 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 (xii) (a) above, the employee
shall be paid overtime rates in accordance with the provisions of clause 25, Overtime.
(xiii) 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 or area health
services; and
(2) as a full time
and/or permanent part time employee with any authority as prescribed in the Transferred
Officers Extended Leave Act 1961, as amended. In this instance, such service must meet the provisions of
transfer prescribed in that Act.
(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 the 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) 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.
(vi) Long service
leave shall be taken at a time mutually arranged between the employer and
employee.
(vii) 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.
(viii) 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.
(ix)
(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 Department
of Health Policy Directive No. PD2005_099 dated 25 January 2005 (Circular No,
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 widow or the
widower of such employee or if there is no such widow or widower the children
of such employee or if there is no widow, widower or children, such person who,
in the opinion of the employer, was at the time of the death of such officer, a
dependant relative of such employee, shall be entitled to receive the monetary
value of the leave not taken or which would have accrued to such employee had
his 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. Where there is a guardian of any children entitled under this paragraph
the payment to which such children are entitled may be made to such guardian
for their maintenance, education and advancement. Where there is no person
entitled under this paragraph to receive the monetary value of any leave
payable under the foregoing provisions payment in respect thereof shall be made
to the legal personal representative of such officer.
(x) 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.
(xi) 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 (x)
of this clause.
(xii) Except as
provided for in subclause (xiii) 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.
(xiii) 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.
(xiv) 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; provided that these part time employees
who receive a part-time loading and casual employees are entitled to parental
leave in accordance with the provisions of Part 4, Parental Leave, of the Industrial
Relations Act, 1996.
(ii) 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 -
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 public sector organisations for the
purpose of determining an employee's eligibility to receive paid maternity
leave. For example, where an employee
moves between a public sector department and a public hospital, previous
continuous service will be counted towards the service prerequisite for paid
maternity leave.
When determining an employee's eligibility for paid
maternity leave, continuous service with New South Wales public sector
organisations which are included in the schedule of the Transferred Officers
Extended Leave Act, 1961, will be recognised, provided that:
(a) service was on
a full-time or permanent part-time basis;
(b) cessation of
service with the former employer was not by reason of dismissal on any ground,
except retrenchment or reduction of work;
(c) the employee
commences duty with the new employer on the next working day after ceasing
employment with the former employer (there may be a break in service of up to
two months before commencing duty with the new employer provided that the new
position was secured before ceasing duty with the former employer. However, such a break in service will not be
counted as service for the purpose of calculating any prior service
prerequisite for paid maternity leave.
(iii) Entitlement:
Eligible employees are entitled to paid maternity leave
as follows: -
(a) Paid Maternity
Leave - an employee is entitled to fourteen weeks at the ordinary rate of pay
from the date maternity leave commences.
This leave may commence up to fourteen weeks prior to the expected date
of birth.
It is not compulsory for an employee to take this
period off work. However, if an
employee decides to work during the nine weeks prior to the 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.
(b) Unpaid
Maternity Leave - an employee is entitled to a further period of unpaid
maternity leave of not more than 12 months after the actual date of birth.
(iv) Applications -
An employee who intends to proceed on maternity leave
should formally notify her employer of such intention as early as possible, so
that arrangements associated with her absence can be made.
Written notice of not less than eight weeks prior to
the commencement of the leave should accordingly be given. This notice must
include a medical certificate stating the expected date of birth and should
also indicate the period of leave desired.
(v) Variation
after Commencement of Leave -
After commencing maternity leave, an employee may vary
the period of her maternity leave, once 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.
(vi) 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.
(vii) Effect of
Maternity Leave on Accrual of Leave, Increments etc.
When the employee has resumed duties, any period of
full pay leave is counted in full for the accrual of annual leave and any period of maternity leave on half pay is
taken into account to the extent of one half thereof when determining the
accrual of annual leave.
Except in the case of employees who have completed ten
years' service the period of maternity leave without pay does not count as
service for long service leave purposes.
Where the employee has completed ten years' service the period of
maternity leave without pay shall count as service provided such leave does not
exceed six months.
Maternity leave without pay does not count as service
for incremental purposes. Periods of maternity leave at full pay and at half
pay are to be regarded as service for incremental progression on a pro-rata
basis.
Where public holidays occur during the period of paid
maternity leave, payment is at the rate of maternity leave received i.e.,
public holidays occurring in a period of full pay maternity leave are paid at
full rate and those occurring during a period of half pay leave are paid at
half rate.
(viii) Illness
Associated with Pregnancy -
If, because of an illness associated with her pregnancy
an employee is unable to continue to work then she can elect to use any
available paid leave (sick, annual and/or long service leave) or to take sick
leave without pay.
Where an employee is entitled to paid maternity leave,
but because of illness, is on sick, annual, long service leave, or sick leave
without pay prior to the birth, such leave ceases nine weeks prior to the expected
date of birth. The employee then commences maternity leave with the normal
provisions applying.
(ix) Transfer to a
More Suitable Position -
Where, because of an illness or risk associated with
her pregnancy, an employee cannot carry out the duties of her position, an
employer is obliged, as far as practicable, to provide employment in some other
position that she is able to satisfactorily perform. This obligation arises
from section 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.
(x) Miscarriages -
In the event of a miscarriage any absence from work is
to be covered by the current sick leave provisions
(xi) Stillbirth -
In the case of a stillbirth, (as classified by the
Registry of Births, Deaths and Marriages) an employee may elect to take sick
leave, subject to production of a medical certificate, or maternity leave. She may resume duty at any time provided she
produces a doctor's certificate as to her fitness.
(xii) Effect of
Premature Birth on Payment of Maternity Leave -
An employee who gives birth prematurely, and prior to
proceeding on maternity leave shall be treated as being on maternity leave from
the date leave is commenced to have the child. Should an employee return to
duty during the period of paid maternity leave, such paid leave ceases from the
date duties are resumed.
(xiii) Right to
Return to Previous Position -
In accordance with the obligations set out in section
66 of the Industrial Relations Act, 1996 an employee returning from
maternity leave has the right to resume her former position.
Where this position no longer exists the employee is
entitled to be placed in a position nearest in status and salary to that of her
former position and for which the employee is capable or qualified.
(xiv) Return for Less
than Full Time Hours -
Employees may make application to their employer to
return to duty for less than the full time hours they previously worked by
taking weekly leave without pay. All
such applications are to be considered having regard to the terms of Department
of Health Policy Directive No. PD2005_154 dated 25 January 2005 (Circular No
99/66), as amended from time to time.
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.
It should be noted that employees who return from
maternity leave under this arrangement remain full-time employees. Therefore the payment of any part-time
allowance to such employees does not arise.
(xv) Further
Pregnancy While on Maternity Leave -
Where an employee becomes pregnant whilst on maternity
leave, a further period of maternity leave may be granted. Should this second period of maternity leave
commence during the currency of the existing period of maternity leave, then
any residual maternity leave from the existing entitlement lapses.
B. Adoption Leave
-
(i) Eligibility -
To be eligible for paid adoption leave a full time or
permanent part time employee must have completed at least 40 weeks continuous
service prior to the date of taking custody of the child.
An employee who has once met the conditions of paid
adoption leave, will not be required to again work the 40 weeks continuous
service in order to qualify for further periods of paid adoption leave, unless;
(a) there has been
a break in service where the employee has been re-employed or re-appointed
after a resignation, medical retirement, or after their services have been
otherwise dispensed with; or
(b) the employee
has completed a period of leave without pay of more than 40 weeks. In this context, leave without pay does not
include sick leave without pay, maternity leave without pay, or leave without
pay associated with an illness or injury compensable under the 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.
(ix) Return for
Less than Full Time Hours -
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 anytime 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.
(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.
35. Military Leave
Employees shall be granted military leave in accordance with
Department of Health Policy Directive No. PD2005_372 dated 27 January 2005
(Circular No. 2004/48), as amended from time to time.
36. Repatriation
Leave
Ex-servicemen/women shall be granted repatriation leave in
accordance with Department of Health Policy Directive No. PD2005_559 dated 21
March 2005 (General Instruction No. 1732), 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 Department of Health
Policy Directives Nos. PD2005_560 and PD2005_561 dated 22 March 2005 Circulars
Nos. 89/111 and 95/17 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 (ie
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 recredited 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 (1) 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 winter time.
(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 of as set 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 Corporation 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. Gradings of
Positions of Nurse Manager
(i) All positions
of Nurse 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, eg. 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
Department 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.
(vii) 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 Department of Health Policy Directive No. PD2005_019
dated 25 January 2005 (Circular No. 83/362), as varied, from time to time by
agreement.
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 verandahs 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 sub-clause (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 Section 297 of the Industrial Relations Act 1996.
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 (ie. at Public Hospital/Area Health Service or Public Health
organisation/Department 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, age and
responsibilities as carer.
(ii) It follows
that in fulfilling their obligations under the dispute resolution procedure
prescribed by this award the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this award are not
directly or indirectly discriminatory in their effects. It will be consistent with the fulfilment of
these obligations for the parties to make application to vary any provision of
the award which, by its terms or operation, has a direct or indirect
discriminatory effect.
(iii) Under the Anti-Discrimination
Act 1977, it is unlawful to victimise an employee because the employee has
made or may make or has been involved in a complaint of unlawful discrimination
or harassment.
(iv) Nothing in
this clause is to be taken to affect:
(a) any conduct or
act which is specifically exempted from anti-discrimination legislation:;
(b) offering or
providing junior rates of pay to persons under 21 years of age;
(c) any act or
practice of a body established to propagate religion which is exempted under
Section 56(d) of the Anti-Discrimination Act 1977;
(d) a party to
this award from pursuing matters of unlawful discrimination in any State or
Federal jurisdiction.
(v) This clause
does not create legal rights or obligations in addition to those imposed upon
the parties by 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 United
Dental Hospital of Sydney, 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 portion (but no more than
50%) of their salary in accordance with this clause, to obtain a range of benefits
as set out in the NSW Health Services Salary Packaging Policy and Procedure
Manual, as amended from time to time.
Such election must be made prior to the commencement of the period of
service to which the earnings relate.
Where an employee also elects to salary sacrifice to superannuation
under this award, the combined amount of salary packaging/sacrificing shall not
exceed 50% of salary.
(ii) Where an
employee elects to package a portion of salary:
(a) Subject to
Australian taxation law, the packaged portion of salary will reduce the salary
subject to appropriate PAYG taxation deductions by the amount of that packaged
portion.
(b) Any allowance,
penalty rate, overtime payment, payment for unused leave entitlements, weekly
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) The salary
packaging scheme utilises the Public Benevolent Institution (PBI) taxation
status, which provides for a fringe benefits tax exemption cap of $17,000 per
annum. The maximum amount of fringe
benefits-free tax savings that can be achieved under the scheme is where the
value of benefits when grossed-up, equal the fringe benefits exemption cap of
$17,000. Where the grossed-up value
exceeds the cap, the employer is liable to pay fringe benefits tax on the
amount in excess of $17,000, but will pass 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.
(iv) The parties
agree that the application of the fringe benefits exemption cap and the PBI
status of the NSW Health Services are subject to the prevailing Australian
taxation laws.
(v) If an employee
wishes to withdraw from the salary packaging scheme, the employee may only do
so in accordance with the required period of notice as set out in the Salary
Packaging Policy and Procedure Manual.
(vi) Where an
employee ceases to salary package, arrangements will be made to convert the
agreed package amount to salary. Any
costs associated with the conversion will be borne by the employee, and the
employer shall not be liable to make up any salary lost as a consequence of the
employee’s decision to convert to salary.
(vii) Employees
accepting the offer to salary package do so voluntarily. Employees are advised to seek independent
financial advice and counselling to apprise them of the implications of salary
packaging on their individual personal financial situations.
(viii) The employer
and the employee shall comply with the procedures set out in the NSW Health
Services Salary Packaging Policy and Procedure Manual as amended from time to
time.
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 at the time of this
variation (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. Reasonable
Workloads for Nurses
(i) 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,
reasonable workloads for nurses are required.
The employer has a responsibility to provide reasonable workloads for
nurses.
(ii) Reasonable
workload principles
The following principles shall be applied in
determining or allocating a reasonable workload for a nurse:
(a) the workload
assessment, based on the agreed tool(s), will take into account measured demand
by way of clinical assessment, including acuity; skill mix, including
specialisation where relevant; and
geographical and other local requirements/resources;
(b) 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;
(c) 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;
(d) 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;
(e) 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;
(f) an employee
shall not be required to work an unreasonable amount of overtime; and
(g) 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.
(iii) Reasonable
Workload Tool(s)
The Association and the Corporation agree that workload
calculation tools are a means to facilitate informed discussion and decision
making about reasonable workloads for nurses, rather than being an end in
itself.
(a) General
workload calculation tool
1. The
Association and the Corporation agree that one workload calculation tool is
presently not capable of meaningfully applying to every nursing context within
the public health system.
2. The
Association and the Corporation have reached agreement on the name and key
characteristics of the interim general workload calculation tool for nursing to
be implemented in medical and surgical inpatient wards in acute public
hospitals.
3. The interim
general workload calculation tool will be known as the general workload
calculation tool.
4. The general
workload calculation tool possesses the following key characteristics:
(i) Value of the
nursing weight - In applying the general workload calculation tool, a nursing
weight of 1 is equal to 4.8 nursing hours per patient day (NHPPD).
(ii) Average nursing
intensity - For each ward or unit in which the tool is applied, the average
nursing intensity for that ward or unit is obtained by applying AN-DRGs case
mix data for all patients in the ward, viz, the data is to be comprehensive,
validated, and for a uniform period. The AN-DRG Version 4.1 Nursing Service
Weights are applied.
(iii) Occupancy
rate - The application of average annual occupancy rates in the general
workload calculation tool is:
for wards/units with occupancy rates 85% and over - a
rate of 100% applies;
for wards/units with occupancy rates between 75% and
84.9% - a rate of 85% applies; and
for wards/units with an occupancy rate below 75% - the
actual occupancy rate applies.
The occupancy rate is the percentage count of the
number of inpatients accommodated at around midnight each day, as recorded in
the ‘Daily Record Book’ (or its computerised equivalent), divided by available
beds, on an annualised basis."
(iv) Available beds
- The average number of available beds is calculated, to account for changes in
this figure during the course of a year.
(v) Length of
shifts - The length of shifts reflects those rostered to be worked in the ward
or unit.
(vi) Minimum
staffing levels - Use of the general workload calculation tool does not displace
present minimum staffing requirements to ensure safe systems of work and
patient safety.
(vii) Coverage - The
general workload calculation tool is applied to calculate staffing levels for
those nursing staff providing direct clinical care. It is not applied to positions such as Nursing Unit Manager,
Clinical Nurse Educator, Clinical Nurse Consultant, dedicated administrative
support staff and wards persons.
(viii) Application
and monitoring - the general workload calculation tool will be applied to the
ward or unit on an annual basis, and with the ability for the Nursing Unit
Manager to monitor monthly.
(ix) Relief for
Annual leave - The annual leave ‘relief’ factored into the tool reflects the
annual leave entitlements under this Award for the employees arising from their
actual shift patterns. However, this
figure may be adjusted when applying the tool at ward level for planned periods
of low activity or annual ward closures that mean less leave relief is required.
If circumstances arise whereby the planned periods of
low activity or annual ward closures do not take place, the general workload
calculation tool should be applied again in light of those altered
circumstances and staff deployment.
(x) Relief for
Sick Leave, FACS Leave and Mandatory Education - To account for these factors,
a figure of two weeks (equating to 76.0 hours based on a 38 hour week) per
annum is factored into the general workload calculation tool. This figure is subject to joint review by
the Association and the Corporation, on request by either party.
(xi) Other factors
- In agreeing that the tool is a means of facilitating informed discussion and
decision making about nursing workloads, there are a range of other factors to
consider. These factors include but
need not be limited to patient type (for example, high dependency patients, day
only patients, patients requiring close observation, patients awaiting nursing
home placement); the available level of support staff (ward clerks, lifting
teams etc); teaching and research activities; provision of nurse escorts;
emergency presentations in smaller facilities; and ward geography.
Staffing of wards/units will be planned using 1 = 4.8
NHPPD as the value of the nursing weight.
It is recognised that application of this value will be subject to
variation to account for these other factors or over shorter periods of time.
If there is continued variation from this value in practice, the issue will be
considered by the relevant reasonable workload committee.
(xii) Exclusions -
the general workload calculation tool is not to be applied to:
intensive care units;
high dependency units;
specialty designated coronary care units;
specialist burns units;
emergency departments;
operating theatres;
midwifery services;
intensive care mental health units;
mental health admitted patient units (pending further
investigation);
community nursing;
community mental health nursing; and
Multi-Purpose Services.
5. The
Association and the Corporation agree that the name and key characteristics of
the general workload calculation tool may be amended by agreement from time to
time, and the Award will be varied to reflect the amendment.
The Association and the Corporation will conduct a
joint review of the general workload calculation tool and implementation
progress no later than six months after the commencement of implementation.
(b) Australian
Confederation of Operating Room Nurses (ACORN) 2002 workload calculation tool
1. The
Association and the Corporation agree that in the interim the ACORN 2002 standards
will be implemented in operating rooms.
The parties agree that because these standards have been established and
used for a number of years, the key characteristics are not included in this
Award.
2. The
Association and the Corporation will jointly review the implementation of ACORN
2002 standards no later than six months after the commencement of
implementation, being 6 March 2005.
(c) Birthrate Plus
1. Birthrate Plus
is a framework for workforce planning and strategic decision making and has
been in extensive use in UK maternity units.
2. A project has
commenced to adapt and modify Birthrate Plus to reflect the NSW Health
environment. The first phase of the
project is designed to field test the data collection tool for validity and
reliability in the NSW setting, leading to adaptation and subsequent adjustment
of the workforce calculations. Once this is done, it is planned to investigate
State-wide implementation. The
Association and the Corporation will participate in this project and continue
to monitor progress to ensure timely introduction of a workload acuity
calculation tool based on Birthrate Plus.
(d) Specific
workload calculation tool(s)
1. The
Association and the Corporation will establish working groups to develop
workload calculation tools for other nursing specialties, as agreed.
2. Working groups
for Emergency, Community, and in-patient Mental Health will be
established. The Association and the
Corporation will participate in these working groups with the intent of
completing recommendations to the Corporation and the Association by 6 March
2005.
3. Within six
months from 6 September 2004, the Association and the Corporation will
determine the nursing specialities that require working groups to develop
recommendations on workload calculation tools for those specialities, and
establish those working groups.
4. The
Association and the Corporation agree that once specific workload calculation
tools are agreed for nursing contexts not covered by the general workload
calculation tool, ACORN 2002 or Birthrate Plus, the Award will be varied to
include:
- the name of the tool(s); and
- key characteristics of the tool(s), which may include
a formula.
These tools may be amended by agreement from time to
time, and the Award will be varied to reflect the amendment.
(iv) 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.
(b) The committees
by their operation shall not alter the rights and obligations of management to
decide nursing workload matters.
(c) 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.
(v) Structure of
reasonable workload committees
(a) Upon request
by the Association, nurse(s) employed in a public hospital, or health service
or the employer, a reasonable workload committee shall be established for the
relevant public hospital or health service. Such requests shall be made to the
Chief Executive Officer of the Health Service.
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 health service.
(b) Upon request
by the Association or an employer a reasonable workload committee shall also be
established for the relevant Area Health Service 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 workload 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.
(vi) Grievances in
relation to workload
(a) Notwithstanding
the provisions specified in sub-clauses (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 Unit Manager responsible (or the appropriate manager).
(c) If the matter
remains unresolved, it should be referred to the appropriate Nurse Manager,
Director of Nursing or Area Director of Nursing, depending on the nursing
executive structure of the public hospital, health service 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/health service/public health organisation reasonable workload
committee for consideration and recommendation to management.
(e) If the matter
remains unresolved, it should be dealt with in accordance with the provisions
of sub-clauses (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 Occupational Health and Safety Committee and
participation in all official activities relating to the functions and
responsibilities of elected Occupational Health and Safety Committee members at
a place of work as provided for in the Occupational Health and Safety Act,
2000 and the Occupational Health and Safety Regulation 2001;
(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) Appearing as a
witness before the Government and Related Employees Appeal Tribunal;
(vi) Representing
the Association at the Government and Related Employees Appeal Tribunal as an
advocate or as a Tribunal Member;
(vii) 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
(viii) 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 Health Administration Corporation/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
Occupational Health and Safety (OH&S) courses and any other accredited
OH&S training for OH&S Committee members. The provider(s) of accredited OH&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 Trade Union Education Foundation 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, ie. 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 Health Administration Corporation 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) recredit 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
Corporation 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 bank 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 the scheme.
(iv) Each public
health organisation will call for expressions of interest from employees
seeking to participate in the career break scheme once within the first six
months of each calendar year. The
timing of the invitation of applications is to be determined by the public
health organisation but in any event will not be later than 30th June 2006 for
the initial commencement year.
(v) Each public
health organisation will determine the number of employees that may participate
in the 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 scheme.
(vi) The employer
will continue to pay employer superannuation contributions for employees
participating in the career break scheme.
The amount of such employer 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.
(vii) Employees will
continue to pay all 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.
(viii) Salary
packaging will not be available for the deferred salary leave year.
(ix) 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 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.
(x) 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.
(xi) 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.
(xii) 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.
(xiii) There will be
no access to the deferred salary until the fifth year unless the employee
chooses to withdraw from the scheme.
(xiv) An employee may
elect to withdraw from the scheme at any time by giving four weeks notice to
the employer, or lesser time if the employer agrees, and will be reimbursed all
deferred monies owing.
(xv) 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.
(xvi) Subject to
approval by the public health organisation an employee may undertake outside
employment in the deferred salary leave year, but should consider the tax
implications of doing so.
(xvii) Upon return to
work after the deferred salary leave year an employee has the right to return
to the same position they held prior to the commencement of the deferred salary
leave year.
(xviii) Employees are
advised to seek independent financial advice about participating in this
scheme. 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.
(xix) A review of
the operation of this clause will occur by 30th June 2008. That review will be undertaken by the
Department of Health and the Nurses’ Association and will consider any
recommendations to vary the scheme.
57. Reviews and
Commitments During Term of This Award
(i) Clinical
Nurse Specialists, Clinical Nurse Educators, and Nurse Educators
Classifications Review
(a) Within eight
months of 14 June 2005, the Corporation will complete a review jointly with the
Association of the definitions, role, work value and remuneration of the Award
classifications of:
1. Clinical
Nurse Specialist;
2. Clinical
Nurse Educator; and
3. Nurse
Educator.
In undertaking this review of these three
classifications, regard will need to be had to the definitions and role of
Clinical Nurse Consultants.
(b) Within two
months of the completion of the review, and in any event no later than 30 April
2006, the Corporation will negotiate in good faith any variations to the Award
arising from the matters referred to at paragraph (a) concerning the three classifications
at subparagraphs 1,2 and 3. Any such
variations to the Award can proceed to the Commission only by way of consent
application.
(c) This subclause
(i) will be deleted from the Award on the Award’s expiry date of 30 June 2008.
(ii) Assistant In
Nursing Undergraduate Classification Review
(a) The
Corporation will, within 12 months of 14 June 2005, complete a review, jointly
with the Nurses’ Association, of whether there should be an additional category
within the Assistant in Nursing classification for employees who are
undertaking a bachelor degree leading to qualifications as a registered nurse,
and if agreed by the parties, negotiate within one month of the completion of
the review in good faith, and in any event no later than 31 July 2006,
appropriate variations to the Award.
Any such award variations can proceed to the Commission only by way of
consent application.
(b) This
sub-clause (ii) will be deleted from the Award on the Award’s expiry date of 30
June 2008.
(iii) Continuing
Education Allowance Review
The Continuing Education Allowance provision detailed
in clause 13 of this Award is reviewable by the Commission in 12 months from 2
November 2004 for the purpose of examining whether the provision has proved to
be an appropriate one or requires amendment, including the amounts of the
various allowances the Commission has determined.
(iv) Implementation
of Funding for 10 Hour Night Duty Shifts
An extension of 10 hour night duty shifts to a further
tranche of 60 public hospitals will occur on the terms set out in
correspondence between the Corporation and the Association dated 10 May 2005
and 16 May 2005.
(v) Continued
Cooperation
(a) The
Association will continue to work cooperatively in responding to changes in
work organisation and practices which may arise from evolving clinical skills
and technology, new strategies for delivering health services, and the need to
ensure the resources made available to the public health system are utilised
efficiently and effectively, including continuing cooperation in the
implementation of the most efficient and effective skill mix of registered
nurses, enrolled nurses and trainee enrolled nurses. This cooperation is without prejudice to any claims the Association
may make covering the period from 1 January 2005 with respect to increased
productivity, work value or special case factors arising from the provisions
described above.
(b) The Nurses’
Association will continue to work co-operatively to reduce the reliance on
agency nurses in the public health system.
58. Area, Incidence
and Duration
(i) This Award
rescinds and replaces the Public Hospital Nurses’ (State) Interim Award
published 29 November 2002 (337 I.G. 180) and all variations thereof.
(ii) It 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 16 of
the Health Services Act 1997, or the Ambulance Service of New South
Wales as defined in s.4 of the Ambulance Services Act 1990, or their
successors, assignees or transmittees.
(iv) It shall take
effect from 5 December 2005 and shall remain in force thereafter until 30th
June 2008.
Part B
MONETARY RATES
Table 1 - Salaries
|
|
FFPP
|
FFPP
|
FFPP
|
FFPP
|
FFPP
|
|
|
commencing
|
commencing
|
commencing
|
commencing
|
commencing
|
|
Classification
|
on or after
|
on or after
|
on or after
|
on or after
|
on or after
|
|
|
01.01.05
|
14.06.05
|
01.07.05
|
01.07.06
|
01.07.07
|
|
Assistant in
|
|
|
|
|
|
|
Nursing/Midwifery
|
|
|
|
|
|
|
Under 18:
|
|
|
|
|
|
|
|
1st year
|
480.00
|
480.00
|
494.40
|
514.20
|
534.80
|
|
|
2nd year
|
501.10
|
501.10
|
516.10
|
536.70
|
558.20
|
|
|
Thereafter
|
521.20
|
521.20
|
536.80
|
558.30
|
580.60
|
|
18 and Over:
|
|
|
|
|
|
|
|
1st year
|
566.20
|
566.20
|
583.20
|
606.50
|
630.80
|
|
|
2nd year
|
584.20
|
584.20
|
601.70
|
625.80
|
650.80
|
|
|
3rd year
|
602.60
|
602.60
|
620.70
|
645.50
|
671.30
|
|
|
Thereafter
|
621.40
|
621.40
|
640.00
|
665.60
|
692.20
|
|
Trainee Enrolled Nurse
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Under 18:
|
|
|
|
|
|
|
|
1st year
|
480.00
|
480.00
|
494.40
|
514.20
|
534.80
|
|
|
2nd year
|
501.10
|
501.10
|
516.10
|
536.70
|
558.20
|
|
|
Thereafter
|
521.20
|
521.20
|
536.80
|
558.30
|
580.60
|
|
|
|
|
|
|
|
|
18 and Over:
|
|
|
|
|
|
|
|
1st year
|
566.20
|
566.20
|
583.20
|
606.50
|
630.80
|
|
|
2nd year
|
584.20
|
584.20
|
601.70
|
625.80
|
650.80
|
|
|
3rd year
|
602.60
|
602.60
|
620.70
|
645.50
|
671.30
|
|
|
Thereafter
|
621.40
|
621.40
|
640.00
|
665.60
|
692.20
|
|
Enrolled Nurse
|
|
|
|
|
|
|
|
1st year
|
694.80
|
694.80
|
715.60
|
744.20
|
774.00
|
|
|
2nd year
|
710.10
|
710.10
|
731.40
|
760.70
|
791.10
|
|
|
3rd year
|
725.40
|
725.40
|
747.20
|
777.10
|
808.20
|
|
|
4th year
|
740.80
|
740.80
|
763.00
|
793.50
|
825.20
|
|
|
Thereafter
|
756.20
|
756.20
|
778.90
|
810.10
|
842.50
|
|
Enrolled Nurse -
|
779.80
|
779.80
|
803.20
|
835.30
|
868.70
|
|
Special Grade
|
|
|
|
|
|
|
Enrolled Nurse -
|
|
|
|
|
|
|
Medication
|
|
|
|
|
|
|
Endorsement
|
|
|
|
|
|
|
|
1st year
|
|
710.10
|
731.40
|
760.70
|
791.10
|
|
|
2nd year
|
|
725.40
|
747.20
|
777.10
|
808.20
|
|
|
3rd year
|
|
740.80
|
763.00
|
793.50
|
825.20
|
|
|
4th year
|
|
756.20
|
778.90
|
810.10
|
842.50
|
|
|
Thereafter
|
|
771.70
|
794.90
|
826.70
|
859.80
|
|
Note: refer to clause
|
|
|
|
|
|
|
9 of this Award
|
|
|
|
|
|
|
regarding
|
|
|
|
|
|
|
appointment to and
|
|
|
|
|
|
|
incremental salary
|
|
|
|
|
|
|
progression within
|
|
|
|
|
|
|
this classification.
|
|
|
|
|
|
|
Enrolled Nurse -
|
|
|
|
|
|
|
|
Special Grade -
|
|
|
|
|
|
|
|
Medication
|
|
|
|
|
|
|
|
Endorsement
|
|
795.30
|
819.20
|
852.00
|
886.10
|
|
|
Note: refer to clause 9
|
|
|
|
|
|
|
|
of this Award
|
|
|
|
|
|
|
|
regarding
|
|
|
|
|
|
|
|
appointment to this
|
|
|
|
|
|
|
|
classification.
|
|
|
|
|
|
|
|
Registered
|
|
|
|
|
|
|
|
Nurse/Midwife
|
|
|
|
|
|
|
|
|
1st year
|
787.80
|
787.80
|
811.40
|
843.90
|
877.70
|
|
|
|
2nd year
|
830.80
|
830.80
|
855.70
|
889.90
|
925.50
|
|
|
|
3rd year
|
873.60
|
873.60
|
899.80
|
935.80
|
973.20
|
|
|
|
4th year
|
919.60
|
919.60
|
947.20
|
985.10
|
1024.50
|
|
|
|
5th year
|
965.10
|
965.10
|
994.10
|
1033.90
|
1075.30
|
|
|
|
6th year
|
1010.80
|
1010.80
|
1041.10
|
1082.70
|
1126.00
|
|
|
|
7th year
|
1062.70
|
1062.70
|
1094.60
|
1138.40
|
1183.90
|
|
|
|
8th year
|
1106.40
|
1106.40
|
1139.60
|
1185.20
|
1232.60
|
|
|
Clinical
|
1151.50
|
1151.50
|
1186.00
|
1233.40
|
1282.70
|
|
|
Nurse/Midwifery
|
|
|
|
|
|
|
|
Specialist
|
|
|
|
|
|
|
|
Clinical
|
1415.80
|
1415.80
|
1458.30
|
1516.60
|
1577.30
|
|
|
Nurse/Midwifery
|
|
|
|
|
|
|
|
Consultant
|
|
|
|
|
|
|
|
(appointed prior to
|
|
|
|
|
|
|
|
31/12/99)
|
|
|
|
|
|
|
|
Clinical
|
|
|
|
|
|
|
|
Nurse/Midwifery
|
|
|
|
|
|
|
|
Consultant
|
|
|
|
|
|
|
|
Grade 1
|
|
|
|
|
|
|
|
|
1st year
|
1384.10
|
1384.10
|
1425.60
|
1482.60
|
1541.90
|
|
|
|
2nd year
|
1412.30
|
1412.30
|
1454.70
|
1512.90
|
1573.40
|
|
|
Grade 2
|
|
|
|
|
|
|
|
|
1st year
|
1440.40
|
1440.40
|
1483.60
|
1542.90
|
1604.60
|
|
|
|
2nd year
|
1468.90
|
1468.90
|
1513.00
|
1573.50
|
1636.40
|
|
|
Grade 3
|
|
|
|
|
|
|
|
|
1st year
|
1525.20
|
1525.20
|
1571.00
|
1633.80
|
1699.20
|
|
|
|
2nd year
|
1553.70
|
1553.70
|
1600.30
|
1664.30
|
1730.90
|
|
|
Nursing/Midwifery
|
|
|
|
|
|
|
|
Unit Manager
|
|
|
|
|
|
|
|
Level 1
|
1387.90
|
1387.90
|
1429.50
|
1486.70
|
1546.20
|
|
|
Level II
|
1453.80
|
1453.80
|
1497.40
|
1557.30
|
1619.60
|
|
|
Level III
|
1492.90
|
1492.90
|
1537.70
|
1599.20
|
1663.20
|
|
|
Clinical
|
1151.50
|
1151.50
|
1186.00
|
1233.40
|
1282.70
|
|
|
Nurse/Midwifery
|
|
|
|
|
|
|
|
Educator
|
|
|
|
|
|
|
|
Nurse/Midwifery
|
|
|
|
|
|
|
|
Educator
|
|
|
|
|
|
|
|
|
1st year
|
1277.40
|
1277.40
|
1315.70
|
1368.30
|
1423.00
|
|
|
|
2nd year
|
1313.40
|
1313.40
|
1352.80
|
1406.90
|
1463.20
|
|
|
|
3rd year
|
1345.60
|
1345.60
|
1386.00
|
1441.40
|
1499.10
|
|
|
|
4th year
|
1415.80
|
1415.80
|
1458.30
|
1516.60
|
1577.30
|
|
|
Mothercraft Nurse
|
|
|
|
|
|
|
|
|
1st year
|
747.10
|
747.10
|
769.50
|
800.30
|
832.30
|
|
|
|
2nd year
|
770.90
|
770.90
|
794.00
|
825.80
|
858.80
|
|
|
|
3rd year
|
798.60
|
798.60
|
822.60
|
855.50
|
889.70
|
|
|
|
4th year
|
825.50
|
825.50
|
850.30
|
884.30
|
919.70
|
|
|
|
5th year
|
852.80
|
852.80
|
878.40
|
913.50
|
950.00
|
|
|
|
6th year
|
881.10
|
881.10
|
907.50
|
943.80
|
981.60
|
|
|
|
7th year
|
899.80
|
899.80
|
926.80
|
963.90
|
1002.50
|
|
|
|
8th year
|
919.80
|
919.80
|
947.40
|
985.30
|
1024.70
|
|
|
|
9th year
|
938.90
|
938.90
|
967.10
|
1005.80
|
1046.00
|
|
|
Mothercraft Nurses
|
|
|
|
|
|
|
|
employed after
|
|
|
|
|
|
|
|
31/12/88 will be
|
|
|
|
|
|
|
|
classified and paid as
|
|
|
|
|
|
|
|
Enrolled Nurses.
|
|
|
|
|
|
|
|
Residential Care
|
|
|
|
|
|
|
|
Nurse
|
|
|
|
|
|
|
|
|
1st year
|
678.00
|
678.00
|
698.30
|
726.20
|
755.20
|
|
|
|
2nd year
|
691.60
|
691.60
|
712.30
|
740.80
|
770.40
|
|
|
|
3rd year
|
705.10
|
705.10
|
726.30
|
755.40
|
785.60
|
|
|
|
4th year
|
721.30
|
721.30
|
742.90
|
772.60
|
803.50
|
|
|
|
Thereafter
|
734.50
|
734.50
|
756.50
|
786.80
|
818.30
|
|
|
Nurse undergoing pre-
|
679.30
|
679.30
|
699.70
|
727.70
|
756.80
|
|
|
registration
|
|
|
|
|
|
|
|
training otherwise
|
|
|
|
|
|
|
|
than as a student
|
|
|
|
|
|
|
|
Nurse/Midwifery
|
|
|
|
|
|
|
|
Practitioner
|
|
|
|
|
|
|
|
|
1st year
|
1525.20
|
1525.20
|
1571.00
|
1633.80
|
1699.20
|
|
|
|
2nd year
|
1553.70
|
1553.70
|
1600.30
|
1664.30
|
1730.90
|
|
|
|
3rd year
|
1593.40
|
1593.40
|
1641.20
|
1706.80
|
1775.10
|
|
|
|
4th year
|
1633.20
|
1633.20
|
1682.20
|
1749.50
|
1819.50
|
|
|
Nurse/Midwifery
|
|
|
|
|
|
|
|
Managers
|
|
|
|
|
|
|
|
Grade 1
|
|
|
|
|
|
|
|
|
1st year
|
1384.10
|
1384.10
|
1425.60
|
1482.60
|
1541.90
|
|
|
|
2nd year
|
1412.30
|
1412.30
|
1454.70
|
1512.90
|
1573.40
|
|
|
|
|
|
|
|
|
|
|
Grade 2
|
|
|
|
|
|
|
|
|
1st year
|
1440.40
|
1440.40
|
1483.60
|
1542.90
|
1604.60
|
|
|
|
2nd year
|
1468.90
|
1468.90
|
1513.00
|
1573.50
|
1636.40
|
|
|
|
|
|
|
|
|
|
|
Grade 3
|
|
|
|
|
|
|
|
|
1st year
|
1525.20
|
1525.20
|
1571.00
|
1633.80
|
1699.20
|
|
|
|
2nd year
|
1553.70
|
1553.70
|
1600.30
|
1664.30
|
1730.90
|
|
|
Grade 4
|
|
|
|
|
|
|
|
|
1st year
|
1610.10
|
1610.10
|
1658.40
|
1724.70
|
1793.70
|
|
|
|
2nd year
|
1638.30
|
1638.30
|
1687.40
|
1754.90
|
1825.10
|
|
|
|
|
|
|
|
|
|
|
Grade 5
|
|
|
|
|
|
|
|
|
1st year
|
1694.60
|
1694.60
|
1745.40
|
1815.20
|
1887.80
|
|
|
|
2nd year
|
1723.20
|
1723.20
|
1774.90
|
1845.90
|
1919.70
|
|
|
|
|
|
|
|
|
|
|
Grade 6
|
|
|
|
|
|
|
|
|
1st year
|
1779.60
|
1779.60
|
1833.00
|
1906.30
|
1982.60
|
|
|
|
2nd year
|
1808.00
|
1808.00
|
1862.20
|
1936.70
|
2014.20
|
|
|
|
|
|
|
|
|
|
|
Grade 7
|
|
|
|
|
|
|
|
|
1st year
|
1920.70
|
1920.70
|
1978.30
|
2057.40
|
2139.70
|
|
|
|
2nd year
|
1949.20
|
1949.20
|
2007.70
|
2088.00
|
2171.50
|
|
|
|
|
|
|
|
|
|
|
Grade 8
|
|
|
|
|
|
|
|
|
|
1st year
|
2062.00
|
2062.00
|
2123.90
|
2208.90
|
2297.30
|
|
|
|
2nd year
|
2090.20
|
2090.20
|
2152.90
|
2239.00
|
2328.60
|
|
|
|
|
|
|
|
|
|
|
Grade 9
|
|
|
|
|
|
|
|
|
1st year
|
2203.10
|
2203.10
|
2269.20
|
2360.00
|
2454.40
|
|
|
|
2nd year
|
2231.60
|
2231.60
|
2298.50
|
2390.40
|
2486.00
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Table 2 - Other
Rates and Allowances
|
Item
|
Clause
|
Description
|
FFPP
|
FFPP
|
FFPP
|
FFPP
|
FFPP
|
|
No.
|
No.
|
|
commencing
|
commencing
|
commencing
|
commencing
|
commencing
|
|
|
|
|
on
or after
|
on
or after
|
on
or after
|
on
or after
|
on
or after
|
|
|
|
|
01.01.05
|
14.06.05
|
01.07.05
|
01.07.06
|
01.07.07
|
|
1.
|
10(i)(a)
|
General nurse
|
$22.52
per
|
$22.52
per
|
$23.19
per
|
$24.12
per
|
$25.09
per
|
|
|
|
in charge of
|
shift
|
shift
|
shift
|
shift
|
shift
|
|
|
|
hospital
|
|
|
|
|
|
|
2.
|
10(ii)(a)
|
On call
|
$2.46
per
|
$2.46
per
|
$2.53
per
|
$2.63
per
|
$2.74
per
|
|
|
|
allowance
|
hour
with a
|
hour
with a
|
hour
with a
|
hour
with a
|
hour
with a
|
|
|
|
|
min.
payment
|
min.
payment
|
min.
payment
|
min.
payment
|
min.
payment
|
|
|
|
|
of
$19.68
|
of
$19.68
|
of
$20.24
|
of
$21.04
|
of
$21.92
|
|
3
|
10(ii)(b)
|
On call
|
$4.93
per
|
$4.93
per
|
$5.08
per
|
$5.28
per
|
$5.49
per
|
|
|
|
allowance
|
hour
with a
|
hour
with a
|
hour
with a
|
hour
with a
|
hour
with a
|
|
|
|
on rostered
|
min.
payment
|
min.
payment
|
min.
payment
|
min.
payment
|
minimum
|
|
|
|
day off
|
of
$39.44
|
of
$39.44
|
of
$40.64
|
of
$42.24
|
payment
of
|
|
|
|
|
|
|
|
|
$43.92
|
|
4.
|
10(ii)(c)
|
On call during
|
$9.69
per
|
$9.69
per
|
$9.98
per
|
$10.38
per
|
$10.80
per
|
|
|
|
meal break
|
break
|
break
|
break
|
break
|
break
|
|
5.
|
10(iii)
|
Director of
|
$27.48
per
|
$27.48
per
|
$28.30
per
|
$29.43
per
|
$30.61
per
|
|
|
(a)
|
Nursing
|
week
|
week
|
week
|
week
|
week
|
|
|
|
performing
|
|
|
|
|
|
|
|
|
radiographic
|
|
|
|
|
|
|
|
|
duties
|
|
|
|
|
|
|
6.
|
10(iii)
|
Employees
|
$5.50
per
|
$5.50
per
|
$5.66
per
|
$5.89
per
|
$6.12
per
|
|
|
(c)
|
performing
|
day,
|
day,
|
day,
|
day,
|
day,
|
|
|
|
radiographic
|
maximum
|
maximum
|
maximum
|
maximum
|
maximum
of
|
|
|
|
duties in the
|
of
$27.48
|
of
$27.48
|
of
$28.30
|
of
$29.43
|
$30.61
per
|
|
|
|
absence of
|
per
week
|
per
week
|
per
week
|
per
week
|
week
|
|
|
|
Director of
|
|
|
|
|
|
|
|
|
Nursing
|
|
|
|
|
|
|
7.
|
10(iv)
|
Employee
|
$1.36
per
|
$1.36
per
|
$1.40
per
|
$1.46
per
|
$1.52
per
|
|
|
|
wearing
|
hour
|
hour
|
hour
|
hour
|
hour
|
|
|
|
lead apron
|
|
|
|
|
|
|
8.
|
10(v)
|
Registered
|
$22.52
per
|
$22.52
per
|
$23.19
per
|
$24.12
per
|
$25.09
per
|
|
|
|
Nurse in
|
shift
|
shift
|
shift
|
shift
|
shift
|
|
|
|
charge of ward
|
|
|
|
|
|
|
9.
|
10(vi)
|
Registered
|
$33.78
per
|
$33.78
per
|
$34.79
per
|
$36.18
per
|
$37.64
per
|
|
|
|
Nurse in
|
shift
|
shift
|
shift
|
shift
|
shift
|
|
|
|
charge of
|
|
|
|
|
|
|
|
|
ward, also in
|
|
|
|
|
|
|
|
|
charge of
|
|
|
|
|
|
|
|
|
hospital of less
|
|
|
|
|
|
|
|
|
than 100 beds
|
|
|
|
|
|
|
10.
|
11(i)
|
Climatic
|
$3.60
per
|
$3.60
per
|
$3.60
per
|
$3.60
per
|
$3.60
per
|
|
|
|
Allowance
|
week
|
week
|
week
|
week
|
week
|
|
|
11(ii)
|
Isolation
|
$7.09
per
|
$7.09
per
|
$7.09
per
|
$7.09
per
|
$7.09
per
|
|
|
|
Allowance
|
week
|
week
|
week
|
week
|
week
|
|
11.
|
14(i)
|
Special rates
|
|
|
|
|
|
|
|
|
for Tibooburra
|
|
|
|
|
|
|
|
|
and Ivanhoe
|
|
|
|
|
|
|
|
|
District
|
$31.81
per
|
$31.81
per
|
$31.81
per
|
$31.81
per
|
$31.81
per
|
|
|
|
Hospitals-
|
week
|
week
|
week
|
week
|
week
|
|
|
|
Registered
|
|
|
|
|
|
|
|
|
Nurse
|
|
|
|
|
|
|
|
|
Enrolled,
|
|
|
|
|
|
|
|
|
Trainee
|
$13.86
per
|
$13.86
per
|
$13.86
per
|
$13.86
per
|
$13.86
per
|
|
|
|
Enrolled,
|
week
|
week
|
week
|
week
|
week
|
|
|
|
Assistant in
|
|
|
|
|
|
|
|
|
Nursing
|
|
|
|
|
|
|
11A
|
14(i)
|
Corrections
|
$2049
per
|
$2049
per
|
$2110
per
|
$2110
per
|
$2110
per
|
|
|
|
Health Service
|
annum
|
annum
|
annum
|
annum*
|
annum
|
|
|
|
Environment.
|
|
|
|
|
|
|
|
|
Allowance
|
|
|
|
*to
be
|
*to
be
|
|
|
|
|
|
|
|
reviewed
|
reviewed
|
|
|
|
|
|
|
|
upon
State
|
upon
|
|
|
|
|
|
|
|
Wage
Case
|
State
Wage
|
|
|
|
|
|
|
|
2006
|
Case
2007
|
|
11B
|
14(i)
|
Corrections
|
$48.70
per
|
$48.70
per
|
$50.16
per
|
$52.17
per
|
$54.26
per
|
|
|
|
Health Service
|
week
|
week
|
week
|
week
|
week
|
|
|
|
Productivity
|
|
|
|
|
|
|
|
|
Allowance
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
12.
|
17(iv)
(b)
|
Excess Fares
|
$5.20
per day
|
$5.20
per day
|
$5.20
per day
|
$5.20
per day
|
$5.20
per day
|
|
13.
|
19(ii)(a)
|
Uniform
|
(a)
Uniform
|
(a)
Uniform
|
(a)
Uniform
|
(a)
Uniform
|
(a)
Uniform
|
|
|
(b)(c)
|
Allowance
|
$6.57
per
|
$7.22
per
|
$7.22
per
|
$7.22
per
|
$7.22
per
|
|
|
|
|
week
|
week
|
week
|
week
|
week
|
|
|
|
|
including
|
including
|
including
|
including
|
including
|
|
|
|
|
$1.55
per
|
$1.70
per
|
$1.70
per
|
$1.70
per
|
$1.70
per
|
|
|
|
|
week
for
|
week
for
|
week
|
week
|
week
for
|
|
|
|
|
Shoes.
|
Shoes.
|
for
Shoes.
|
for
Shoes.
|
Shoes.
|
|
|
|
|
Cardigan
or
|
Cardigan
or
|
Cardigan
or
|
Cardigan
or
|
Cardigan
or
|
|
|
|
|
jacket
$1.51
|
jacket
$1.66
|
jacket
$1.66
|
jacket
$1.66
|
jacket
$1.66
|
|
|
|
|
per
week.
|
per
week.
|
per
week.
|
per
week.
|
per
week.
|
|
|
|
|
b.
Stockings
|
b.
Stockings
|
b.
Stockings
|
b.
Stockings
|
b.
Stockings
|
|
|
|
|
$2.60
per
|
$2.86
per
|
$2.86
per
|
$2.86
per
|
$2.86
per
|
|
|
|
|
week
|
week
|
week
|
week
|
week
|
|
|
|
|
(c)
Socks
|
(c)
Socks
|
(c)
Socks
|
(c)
Socks
|
(c)
Socks
|
|
|
|
|
$0.51
per
|
$0.56
per
|
$0.56
per
|
$0.56
per
|
$0.56
per
|
|
|
|
|
week
|
week
|
week
|
week
|
week
|
|
14.
|
19(iv)
|
Laundry
|
$4.18
per
|
$4.59
per
|
$4.59
per
|
$4.59
per
|
$4.59
per
|
|
|
|
Allowance
|
week
|
week
|
week
|
week
|
week
|
|
15
|
37(iii)
|
Deduction
|
|
|
|
|
|
|
|
(a)
|
for
|
|
|
|
|
|
|
|
(b)
|
accommo.
|
$47.17
per
|
$47.17
per
|
$48.59
per
|
$50.53
per
|
$52.55
per
|
|
|
|
Separate
|
week
|
week
|
week
|
week
|
week
|
|
|
|
bedroom
|
|
|
|
|
|
|
|
|
Self
|
$57.48
per
|
$57.48
per
|
$59.20
per
|
$61.57
per
|
$64.03
per
|
|
|
|
contained flat
|
week
|
week
|
week
|
week
|
week
|
|
16.
|
37(iv)
|
Deduction
|
$101.83
|
$101.83
|
$104.88
|
$109.08
per
|
$113.44
|
|
|
|
for meals
|
per
week
|
per
week
|
per
week
|
week
|
per
week
|
|
17.
|
37(v)
|
Charge for
|
|
|
|
|
|
|
|
(b)
|
meals-
|
|
|
|
|
|
|
|
|
Breakfast
|
$3.44
per
|
$3.44
per
|
$3.54
per
|
$3.68
per
|
$3.83
|
|
|
|
|
meal
|
meal
|
meal
|
meal
|
per
meal
|
|
|
|
Other meals
|
$6.27
per
|
$6.27
per
|
$6.46
per
|
$6.72
per
|
$6.99
|
|
|
|
|
meal
|
meal
|
meal
|
meal
|
meal
|
|
18.
|
10(viii)
|
Enrolled nurse
|
$10.68
per
|
$10.68
per
|
$11.00
per
|
$11.44
per
|
$11.90
per
|
|
|
|
employed in
|
week
|
week
|
week
|
week
|
week
|
|
|
|
the CSSD of a
|
|
|
|
|
|
|
|
|
hospital and in
|
|
|
|
|
|
|
|
|
possession
|
|
|
|
|
|
|
|
|
of a Sterilising
|
|
|
|
|
|
|
|
|
Technology
|
|
|
|
|
|
|
|
|
Certificate
|
|
|
|
|
|
|
|
|
issued by the
|
|
|
|
|
|
|
|
|
Sterilising
|
|
|
|
|
|
|
|
|
Research and
|
|
|
|
|
|
|
|
|
Advisory
|
|
|
|
|
|
|
|
|
Council of
|
|
|
|
|
|
|
|
|
Australia
|
|
|
|
|
|
|
19.
|
14(v)
|
Industry
|
$10.90
per
|
$10.90
per
|
$11.23
per
|
$11.68
per
|
$12.15
per
|
|
|
|
Allowance,
|
week
|
week
|
week
|
week
|
week
|
|
|
|
Flight Nurses,
|
|
|
|
|
|
|
|
|
Ambulance
|
|
|
|
|
|
|
|
|
Service
|
|
|
|
|
|
|
20
|
10A(iii)
|
Continuing
|
$15.45
per
|
$15.45
per
|
$15.91
per
|
$16.55
per
|
$17.21
|
|
|
|
Education
|
week
|
week
|
week
|
week
|
per
week
|
|
|
|
Allowance -
|
|
|
|
|
|
|
|
|
Post-graduate
|
|
|
|
|
|
|
|
|
Certificate
|
|
|
|
|
|
|
21
|
10A(iv)
|
Continuing
|
$25.75
per
|
$25.75
per
|
$26.52
per
|
$27.58
per
|
$28.68
per
|
|
|
|
Education
|
week
|
week
|
week
|
week
|
week
|
|
|
|
Allowance -
|
|
|
|
|
|
|
|
|
Post- graduate
|
|
|
|
|
|
|
|
|
diploma or
|
|
|
|
|
|
|
|
|
degree
|
|
|
|
|
|
|
22
|
10A(v)
|
Continuing
|
$30.90
per
|
$30.90
per
|
$31.83
per
|
$33.10
per
|
$34.42
per
|
|
|
|
Education
|
week
|
week
|
week
|
week
|
week
|
|
|
|
Allowance -
|
|
|
|
|
|
|
|
|
Masters
|
|
|
|
|
|
|
|
|
degree or
|
|
|
|
|
|
|
|
|
doctorate
|
|
|
|
|
|
|
23
|
10A(vii)
|
Continuing
|
$10.30
per
|
$10.30
per
|
$10.61
per
|
$11.03
per
|
$11.47
per
|
|
|
|
Education
|
week
|
week
|
week
|
week
|
week
|
|
|
|
Allowance
|
|
|
|
|
|
|
|
|
Enrolled Nurse
|
|
|
|
|
|
|
|
|
Certificate 4
|
|
|
|
|
|
SCHEDULE 1
NURSE
MANAGERS
A registered nurse 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 an area health service where the
largest hospital in the area 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 an Area Health Service where the
largest hospital in the area 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 Area
Director of Nursing Services in a rural Area Health Service;
(b) is responsible
for the nursing services in a major teaching hospital providing tertiary
referral services.