Public
Health System Nurses' and Midwives' (State) Award 2011
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by NSW
Department of Health.
(No. IRC 1382 of 2010)
Before The Honourable
Justice Walton, Acting President
|
23 February 2011
|
AWARD
Part A
1. Arrangement
Clause No. Subject Matter
38. Accommodation
and Board
30. Annual
Leave
31. Annual
Leave Loading
49. Anti-discrimination
59. Area,
Incidence and Duration
1. Arrangement
21. Car
Allowance
56. Career
Break Scheme
14. Climatic
and Isolation Allowances
58. Commitments
During Life of this Award
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. Grading of
Nurse/Midwife Manager Positions
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
57. Occupational
Health and Safety for Employees of Contractors and Labour Hire Businesses
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. Staffing
Arrangements
28. Registration
Pending
36. Repatriation
Leave
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
19. Trainee
Enrolled Nurses
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 2013.
3. Definitions
Unless the context otherwise indicates or requires, the
several expressions hereunder defined shall have the respective meanings
assigned to them:
"ADA" means the adjusted daily average of
occupied beds, calculated in accordance with the following formula:
ADA = Daily Average + Neo-natal Adjustment +
Non-inpatient Adjustment
Where:
Daily
|
=
Total Occupied Bed Days for the Period Less Unqualified Baby Bed Days
|
Average
|
Number
of Days in the Period
|
Neo-natal
|
= Total Bed Days of Unqualified Babies for the Period
|
Adjustment
|
2 x Number of Days
in the Period
|
Non-inpatient
|
= Total NIOOS
Equivalents for the Period
|
|
10 x Number of Days
in the Period
|
Note: Total NIOOS Equivalents for the Period equals
the individual NIOOS plus the equivalent number of Group NIOOS (Non-inpatient
Group Sessions * 1.3) plus the equivalent number of Dental NIOOS (Non-inpatient
Dental Flow * 3.8).
"AHPRA" means the Australian Health
Practitioner Regulation Agency.
"Ambulance Service" means the Ambulance
Service of NSW.
"Area Manager, Nurse/Midwife Education" -
refer to Schedule 1, Nurse Managers.
"Assistant in Nursing/Midwifery" means a
person, other than a registered nurse, trainee enrolled nurse, Enrolled Nurse
or Enrolled Nurse without medication qualification who is employed in
nursing/midwifery duties in a public hospital or public health organisation.
"Assistant Director of Nursing/Midwifery" -
refer to Schedule 1, Nurse Managers.
"Association" means the New South Wales
Nurses' 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 Nursing and Midwifery Board
of Australia and shall also be taken to mean a reference to AHPRA as
appropriate/applicable.
"Career Break Scheme" means a scheme where
employees may apply for an option to defer twenty percent of their salary for
four years, and be paid this deferred salary in the fifth year.
"Clinical Nurse Educator/Clinical Midwife
Educator" means a Registered Nurse/ Midwife appointed to a position
classified as such and who holds relevant clinical or education post
registration qualifications or such education and clinical experience deemed
appropriate by the employer.
The Clinical Nurse Educator/Clinical Midwife Educator
is required to deliver and evaluate clinical education programs at the
ward/unit level.
The Clinical Nurse Educator/Clinical Midwife Educator
shall provide for the delivery of clinical nurse/midwife education in the
ward/unit level, and performs the following functions at that level:
Delivers competent nursing education in the ward/unit;
Contributes to the development of colleagues;
Supports less experienced staff and acts as preceptor
for new staff;
Acts as the preceptor in orientations to the ward/unit;
Provides day to day clinical education support in the
ward/unit;
Provides one on one informal education;
Provides support for skill development in clinical
procedures;
Provides support for professional development;
Provides support for clinical policy development;
Provides a ward/unit based in-service program.
The provision of direct clinical care by Clinical Nurse
Educator/Clinical Midwife Educator should be for the purpose of providing
clinical education to other employees.
Direct clinical care shall be limited to emergency circumstances only.
Incremental progression to the 2nd year and thereafter
rate shall be upon completion of 12 months satisfactory full-time service.
"Clinical Nurse Specialist/Clinical Midwife
Specialist Grade 1" means: a Registered Nurse/Midwife who applies a high
level of clinical nursing knowledge, experience and skills in providing complex
nursing/midwifery care directed towards a specific area of practice, a defined
population or defined service area, with minimum direct supervision.
A Clinical Nurse Specialist/Clinical Midwife Specialist
Grade 1 shall satisfy the following minimum criteria:
Relevant post-registration qualifications and at least
12 months experience working in the relevant clinical area of their
post-registration qualification; or four years post- registration experience,
including three years experience in the relevant specialist field.
A Clinical Nurse Specialist/Clinical Midwife Specialist
Grade 1 is distinguished from an 8th Year Registered Nurse/Midwife by being
required to satisfy the following criteria:
(a) actively
contributes to the development of clinical practice in the ward/unit/service;
(b) acts as a
resource and mentor to others in relation to clinical practice; and
(c) actively
contributes to their own professional development.
Clinical Nurse Specialist/Clinical Midwife Specialist
Grade 1 is a personal grading.
"Clinical Nurse Specialist/Clinical Midwife
Specialist Grade 2" means: a Registered Nurse/Midwife appointed to a
position classified as such with relevant post-registration qualifications and
at least 3 years experience working in the clinical area of their specified
post-graduate qualification.
The Clinical Nurse Specialist/Clinical Midwife
Specialist Grade 2 classification encompasses the Clinical Nurse
Specialist/Clinical Midwife Specialist Grade 1 role criteria and is
distinguished from a Clinical Nurse Specialist/Clinical Midwife Specialist
Grade 1 by the following additional role characteristics:
Exercises extended autonomy of decision making;
Exercises professional knowledge and judgement in
providing complex care requiring advanced clinical skills and undertakes one of
the following roles:
leadership in the development of nursing specialty
clinical practice and service delivery in the ward/unit/service; or
specialist clinical practice across a small or medium
sized health facility/sector/service; or
primary case management of a complete episode of care;
or
primary case management of a continuum of specialty
care involving both inpatient and community based services; or
an authorised extended role within the scope of
Registered Nurse/Midwifery practice.
Incremental progression to the second year and
thereafter rate shall be upon completion of 12 months satisfactory full-time
service (or pro rata part time service).
"Clinical Nurse Consultant/Clinical Midwife
Consultant Grade 1" means: a registered nurse/midwife appointed as such to
a position approved by the public hospital or public health organisation, who
has at least 5 years full time equivalent post registration experience and in
addition who has approved post registration nursing/midwifery qualifications
relevant to the field in which he/she is appointed, or such other
qualifications or experience deemed appropriate by the public hospital or
public health organisation.
"Clinical Nurse Consultant/Clinical Midwife
Consultant Grade 2" means: a registered nurse/midwife appointed as such to
a position approved by the public hospital or public health organisation, who
has at least 5 years full time equivalent post registration experience, with at
least 3 years full time equivalent experience in the specialty field. In
addition the employee must have approved postgraduate nursing/midwifery
qualifications relevant to the field in which he/she is appointed or such other
qualifications or experience deemed appropriate by the public hospital or
public health organisation. An employer
may also require a higher qualification in the specialist nursing field where
such a qualification is considered essential for the performance of the
individual position.
"Clinical Nurse Consultant/Clinical Midwife
Consultant Grade 3" means: a registered nurse/midwife appointed as such to
a position approved by the public hospital or public health organisation, who
has at least 7 years full time equivalent post registration experience, with at
least 5 years full time equivalent experience in the specialty field. In
addition the employee must have approved postgraduate nursing/midwifery
qualifications relevant to the field in which he/she is appointed or such other
qualifications or experience deemed appropriate by the public hospital or
public health organisation. An employer
may also require a higher qualification in the specialist nursing field where
such a qualification is considered essential for the performance of the
individual position.
"Day Worker" means a worker who works her/his
ordinary hours from Monday to Friday inclusive and who commences work on such
days at or after 6am and before 10am, otherwise than as part of the shift
system.
"Deferred Salary Leave Year" means the fifth
year of the career break scheme where the employee is absent from work and
receives the deferred salary from the previous four years through participation
in the Career Break Scheme. This year cannot be compressed into a period of
less than twelve months.
"Department" means the NSW Department of
Health.
"Deputy Director of Nursing" - refer to
Schedule 1, Nurse/Midwife Managers.
"Enrolled Nurse without medication
qualification" means a person registered by the Board as an enrolled nurse
with the notation "does not hold a Board approved qualification in
medicines administration".
"Enrolled Nurse means a person registered by the
Board as an enrolled nurse.
"Enrolled Nurse without medication qualification -
Special Grade" means an Enrolled Nurse without medication qualification,
with an Advanced Certificate qualification and a minimum of six years full time
equivalent post enrolment experience, including three years full time
equivalent experience in the relevant clinical area. Such a nurse is appointed
to a position established by a public hospital or public health organisation
which satisfies the criteria as agreed between the Association and the
Department from time to time.
"Enrolled Nurse - Special Grade means an Enrolled
Nurse with an Advanced Certificate qualification and a minimum of six years
full time equivalent post enrolment experience, including three years full time
equivalent experience in the relevant clinical area. Such a nurse is appointed
to a position established by a public hospital or public health organisation
which satisfies the criteria as agreed between the Association and the
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, an Enrolled nurse, an
Enrolled Nurse without medication qualification or assistant in nursing who was
formerly a student nurse, includes experience as such student nurse.
"Flight Nurse" means a registered nurse
employed by the Ambulance Service who is engaged in nursing duties with the
Ambulance Service of New South Wales.
"Flight Hours" means all time spent whilst in
flight on an aircraft transporting patients or in transit to pick up patients.
"Ground Hours" for Flight Nurses means all
time spent at an airport preparing for a flight or a series of flights, and
includes generally preparing and restocking aircraft on return to home base;
attending to clerical work pertaining to flights and other general duties
normally undertaken by a Flight Nurse, including but not limited to the
sterilisation of stock, maintenance and care of special nursing equipment,
cleaning the nursing sections of the aircraft; caring of patients at terminals
until the patient is transferred to hospital or at the commencement of a
flight; supervising and assisting in loading and unloading of patients;
escorting seriously ill patients to hospital in a road ambulance.
"Health service" means any of the following:
(a) any hospital
service
(b) any medical
service
(c) any paramedical
service
(d) any community
health service,
(e) any
environmental health service,
(f) any other
service (including any service of a class or description prescribed by the
Regulations of the Health Service Act 1997) relating to the maintenance
or improvement of the health, or the restoration to health, of persons or the
prevention of disease in or injury to persons.
"Industry of nursing" means the industry of
persons engaged in New South Wales in the profession or occupation of nursing
including midwifery and employed in or in connection with the New South Wales
Health Service as defined in section 115 of the Health Services Act 1997
or its successors, assignees or transmittees.
"Local Health Network" includes Specialist
and Additional Networks and means a public health organisation established
pursuant to the provisions of the Health Services Act of 1997 including
all public hospitals, facilities and other establishments and health services
under the control and management thereof and, for the purposes of this Award, a
Clinical Support Cluster.
"Manager, Nurse/Midwife Education" - refer to
Schedule 1, Nurse/Midwife Managers.
"Nurse Educator/Midwife Educator Grade 1"
means a Registered Nurse/Midwife holding post registration nursing/midwifery
clinical or education qualifications relevant to the clinical area in which
he/she is appointed; and who is appointed to a position of Nurse Educator/Midwife
Educator Grade 1.
A Nurse Educator/Midwife Educator Grade 1 shall be
responsible for the development and delivery of nursing education
courses/programs at the public hospital, or the community based service level.
Nurse/Midwife education courses/programs shall mean
courses/programs such as:
Post-registration certificates;
Continuing nurse/midwife education;
Transition programs for newly registered nurses and
midwives and newly enrolled nurses;
Trainee enrolled nurse programs;
Post-enrolment enrolled nurses’ courses; and,
General staff development courses (where applicable).
Incremental progression to the 2nd year and thereafter
rate at this Grade shall be upon completion of 12 months satisfactory full-time
service.
"Nurse Educator/Midwife Educator Grade 2"
means a Registered Nurse/Midwife with post registration nursing/midwifery
clinical or education qualifications relevant to the clinical area in which
he/she is appointed, or qualifications deemed equivalent by the employer; and
who is appointed to a position of Nurse Educator/Midwife Educator Grade 2.
A Nurse Educator/Midwife Educator Grade 2 shall be
responsible for one of the following:
A nursing/midwifery education portfolio (including but
not limited to a transition program, trainee enrolled nurse, enrolled nurse or
registered nurse program) across a public hospital or affiliated health
organisation;
A nursing/midwifery education program for a clinical
division or divisions across a public hospital or affiliated health organisation;
or
A nursing/midwifery education program for a community
based health service such as community health or mental health services.
Incremental progression to the 2nd year and thereafter
rate at this Grade shall be upon completion of 12 months satisfactory full-time
service.
"Nurse Educator/Midwife Educator Grade 3"
means a Registered Nurse/Midwife holding post registration nursing/midwifery
clinical or education qualifications relevant to the clinical area or areas in
which he/she is appointed, or qualifications deemed equivalent by the employer;
and who is appointed to a position of Nurse Educator/Midwife Educator Grade 3.
A Nurse Educator/Midwife Educator Grade 3 shall be
responsible for one of the following:
A comprehensive nursing/midwifery education program
across a Local Health Network, a sector of a Local Health Network or in a
tertiary referral public hospital or affiliated health organisation; or
The nurse education service of a public hospital or
affiliated health organisation (excluding a tertiary referral hospital), group
of hospitals or health facility.
Incremental progression to the 2nd year and thereafter
rate at this Grade shall be upon completion of 12 months satisfactory full-time
service.
"Nursing hours wards and units" refers to wards
and units in Section II Nursing Hours Wards and Units of Clause 53 Staffing
Arrangements that utilise nursing hours per patient day to determine the number
of nursing hours required to provide direct clinical care.
"Nurse/Midwife Manager" means any employee
who is allocated to a nurse manager grade in accordance with Clause 40 of this
award.
"Nurse/Midwife Practitioner" means a
registered nurse/midwife appointed as such to a position approved by the
Director General and who is endorsed by the Board, to practise as a
nurse/midwife practitioner.
"Nurse/Midwife Practitioner Year 3 and
Thereafter" means a registered nurse/midwife appointed as such to a
position approved by the Director-General and who is endorsed by the Board to
practise as a Nurse/Midwife Practitioner; and who is working within clinical
guidelines approved pursuant to section 78A of the Nurses’ Act 1991.
Provided that a Nurse/Midwife Practitioner shall not
progress or be appointed to Nurse/Midwife Practitioner Year 3 until completion of
twelve months’ service at the Year 2 rate, and to the Thereafter rate until
completion of twelve months’ service at the Year 3 rate. Accordingly, a Nurse/Midwife Practitioner
cannot be appointed directly to Nurse/Midwife Practitioner Year 3 and Thereafter."
"Nursing/Midwifery Unit Manager" means a
registered nurse in charge of a ward or unit or group of wards or units in a
public hospital or health service or public health organisation and shall
include:
"Nursing/Midwifery Unit Manager Level 1",
whose responsibilities include:
(a) CO-ORDINATION OF
PATIENT SERVICES -
liaison with all health care disciplines for the
provision of services to meet patient needs;
the orchestration of services to meet patient needs
after discharge;
monitoring catering and transport services.
(b) UNIT MANAGEMENT
-
implementation of hospital/health service policy:
dissemination of information to all personnel;
ensuring environmental safety;
monitoring the use and maintenance of equipment;
monitoring the supply and use of stock and supplies;
monitoring cleaning services.
(c) NURSING STAFF
MANAGEMENT -
direction, co-ordination and supervision of nursing
activities;
training, appraisal and counselling of nursing staff;
rostering and/or allocation of nursing staff;
development and/or implementation of new nursing
practice according to patient need.
"Nursing/Midwifery Unit Manager Level 2",
whose responsibilities in relation to patient services, ward or unit management
and staff management are in excess of those of a Nursing/Midwifery Unit Manager
Level 1.
"Nursing/Midwifery Unit Manager Level 3"
whose responsibilities in relation to patient services, ward or unit management
and staff management are in excess of those of a Nursing/Midwifery Unit Manager
Level 2.
"Public Health Organisation" means:
(a) a Local Health
Network or:
(b) a statutory
health corporation, or;
(c) an affiliated
health organisation in respect of its recognised establishments and recognised
services; or
(d) a Clinical
Support Cluster.
"Public Hospital" means:
(a) a hospital
controlled by a Local Health Network 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 Director-General of Health).
"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, Enrolled Nurse or an Enrolled Nurse without medication
qualification, 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/Midwife Educator" - refer to
Schedule 1, Nurse Managers.
"Service" for the purpose of clause 9,
Salaries, means service before or after the commencement of this award in New
South Wales or elsewhere as a registered nurse, provided that all service
recognised prior to the commencement of this award shall continue to be
recognised.
To the foregoing shall be added any actual periods on
and from 1 January 1971 during which a nurse undertook a post basic course
whilst an employee of and rendering service in an institution or hospital and
such course is recognised by the Board or acceptable to the 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": refer to definition
of "Trainee" in subclause (ii) definitions of clause 19 Trainee
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 (per NSW Health Policy
Directive No. PD2006_094); employees working 10 hour shifts are entitled to one
additional day off duty each five weeks; and employees working other
combinations of shifts are entitled to such number of additional days off duty
per annum as will ensure that their ordinary hours of work do not exceed an
average of 38 hours per week.
(b) Notwithstanding
the provisions of paragraph (a) of this subclause, employees may, with the
agreement of the employer work shifts of less than 8 hours each over 20 days in
each cycle of 28 days.
(iv)
(a) Each shift shall
consist of no more than 10 hours on a day shift or 11 hours on a night shift
with not less than 10 hours break between each rostered shift, unless agreed
otherwise between an employee and local nursing management. An employee shall
not work more than 7 consecutive shifts unless the employee so requests and
local nursing management agrees but in no case shall an employee be permitted
to work more than 10 consecutive shifts. In any fortnightly pay period an
employee shall not be rostered for more than three quick shifts, 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 three. This limit on
accumulation means that any employee who has already accumulated three ADOs
must take the next ADO accruing to her/him when it falls due in accordance with
the roster.
(b) Employers must
not unreasonably refuse to agree with an employee’s request to accumulate ADOs
or to take them off subsequent to such accumulation.
(c) Any ADOs
accumulated but not taken as at the date of termination of the employee must be
paid out at ordinary rates.
(viii) Except for
breaks for meals the hours of duty each day shall be continuous.
(ix) Each employee
who works in excess of five hours must have a break of not less than thirty
minutes and not more than sixty minutes for each meal occurring on duty as
follows:
Breakfast
|
-between 6am and 9am
|
Midday Meal
|
-between 12 noon and 2pm
|
Evening Meal
|
-between 5pm and 7pm
|
Night Meal
|
-between 10pm and 2am.
|
Employees must not be required to work during meal
breaks as a matter of routine practice unless mutually agreed at the local
level. Provided that any time worked during such break shall count as working
time and unless the employee is permitted to finish duty early on the same
shift then overtime becomes payable once the total ordinary work time of the
shift has elapsed. Provided further that where practicable an employee engaged
to work for five hours or less in any one shift may elect not to take a meal
break as otherwise provided for in this subclause without penalty to the
employer. The term "where practicable" encompasses regard being paid
to the service requirements of the employer.
(x)
(a) One twenty
minute interval (in addition to the meal break) shall be allowed each employee
on duty for a tea break during each shift. Such interval shall count as working
time. Part time and Casual employees who are engaged for less than a whole
shift on any one day shall only be entitled to one tea break of 10 minutes.
(b) Where it is not
possible due to the nature of the work performed to have one twenty minute
break, the employee may take one ten minute break and be permitted to proceed
off duty ten minutes prior to the rostered finishing time of that shift.
(c) Paragraph (b) of
subclause (x) will only be exercised in special and exceptional circumstances
and with the expressed approval of the employer in consultation with the
employee.
(xi) Subclauses (ix)
and (x) of this clause, shall not apply to an employee who is allowed two
intervals of twenty minutes each during the period of night duty but such
intervals shall count as working time and shall be paid for as such.
(xii) Changing time
totalling ten minutes per shift to count as working time is to be allowed to
nurses not permitted to travel in their work clothes.
(xiii) In addition to
any other rest period and meal break, employees who are lactating shall be
entitled to two paid breaks of 30 minutes per shift for the purpose of
expressing their milk or breast feeding their child, and the employer shall
provide access to suitable facilities for such purpose.
(xiv)
(a) Except in cases
of emergency, an employee shall not be employed on night duty for a longer
period than four consecutive weeks, unless agreed otherwise between an employee
and local nursing management.
(b) Except in cases
of emergency, after having served a period of night duty, an employee shall
serve an equivalent period of time off night duty before again undertaking a
period of night duty unless agreed otherwise between an employee and local
nursing management.
(c) Except in cases
of emergency, an employee shall not be required to perform night duty against
their wishes during a period of one week prior to any formal end-of-semester
examination in any course of study which has been accepted by her/his employer
as meeting the requirements for the grant of study time.
(d) This subclause
shall not apply to an Assistant Director of Nursing, a Nursing/Midwifery Unit
Manager or to a registered nurse/midwife in charge as the case may be, who is
employed permanently in charge at night.
(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 12, Special Allowances.
Provided, however, no employee shall be required to remain on call whilst on
leave or the day before entering upon leave.
(b) Except as
hereafter provided, no employee shall be required to remain on call whilst on a
rostered day off or from the completion of the employees' shift on the day
preceding a rostered day off.
(c) Paragraph (b)
shall not apply where in extreme circumstances (which shall be agreed between
the employer and the Head Office of the Association) it is necessary for a
public hospital or public health organisation in order to ensure the provision
of services, to place staff on call on rostered days off.
(xviii) An employer
shall not alter the period over which the ordinary hours of work of employees
are balanced except upon giving one month's notice of his intention so to do to
the Industrial Registrar and to the Association.
5. Pilot Roster
Projects
(i) Notwithstanding
any other provision of this award, Pilot Roster Projects for the purposes of
trialling flexible roster practices may be implemented on the following basis:
(a) The terms of the
Pilot Roster Project shall be agreed in writing between the employer and the
Association on behalf of the nurses participating in the project. Provided that
the Association shall not unreasonably refuse to agree to, or unreasonably
delay in responding to, a Pilot Roster Project proposed by an employer. Provided further that where a Pilot Roster
Project is proposed by the Association or nurses and the employer does not
agree to introduce a Pilot Roster Project in the terms proposed, the employer
shall provide its reasons in writing to the Association or the nurses
concerned.
(b) The terms shall
include
(1) the duration of
the project; and
(2) the conditions
of the project; and
(3) the award
provisions required to be overridden in order to implement the project; and
(4) review
mechanisms to assess the effectiveness of the project.
(c) Whilst the Pilot
Roster Project is being conducted according to its terms, the employer shall
not be deemed to be in breach of the award by reason alone of implementing the
project.
(d) Any purported
Pilot Roster Project which does not comply with this clause is not a Pilot
Roster Project for the purposes of this clause and in particular no employer
shall be able to claim the benefit of 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.
(iii) Pilot 12 hour
shift systems in place as at 1 July 2008 shall continue to operate in
accordance with the provisions of the relevant pilot agreement.
(iv) From 1 July
2008, new 12 hour shift systems may be implemented in a ward, unit or
operational area according to the provisions of subclause (v) without the
requirement for a pilot. The
Association shall be advised in writing by the employer of the intention to
introduce such new systems no later than four weeks prior to the proposed date
of commencement, to enable consultation with all potentially affected
employees.
(v) The following
provisions shall apply to new 12 hour shift systems commencing on or after 1
July 2008:
(a) Participation in
a 12 hour shift system shall be voluntary.
Alternative shift provisions must remain available for staff who do not
agree to participate in a 12 hour shift system.
(b) The ordinary
hours of work for each full time employee shall be 228 hours balanced over a
six week period. The hours shall be worked as 19 x 12 hour shifts. The ordinary
guaranteed hours of work for each part time employee shall be balanced over a
six week period. The hours shall be worked as either 12, 10 or eight hour
shifts as agreed between the employee and the employer; or
The ordinary hours of work for each full time employee
shall be 152 hours balanced over a four week period. The hours shall be worked as 12 x 12 hour shifts and one x eight
hour shift. The ordinary guaranteed
hours of work for each part time employee shall be balanced over a four week
period. The hours shall be worked as
either 12, 10 or eight hour shifts as agreed between the employee and the
employer.
(c) Payment for full
time employees shall be for 76 hours per pay period at the appropriate hourly
rate for each employee. Payment for part time employees shall be the actual
number of hours worked per pay period.
(d) The day shift
may have a span of up to 12.5 hours and shall include one half hour unpaid meal
break and two x 20 minute paid tea breaks.
(e) The night shift
may have a span of up to 12.5 hours and shall include one thirty minute unpaid
meal break and a further one hour paid break or two x 30 minute paid breaks.
(f) The maximum
number of consecutive shifts shall be three.
Except that an employee may be rostered for four consecutive shifts once
in each six week cycle at the request of the employee.
(g) Employees shall
not be rostered on single days off unless it is at the request of the employee.
(h) The minimum break
between shifts shall be 11.5 hours.
(i) Rosters should
reflect an equitable distribution of day, night and weekend shifts among
employees participating in the 12 hour shift system. No more than 50% of shifts in the roster cycle should be night
shift unless otherwise agreed between the employee and the unit manager.
(j) No overtime
shall be worked in conjunction with a 12 hour shift.
(k) Any 12 hour
shift being replaced by either casual or agency staff will cover the full span
of the shift.
(l) An individual
employee shall have the right to withdraw from the 12 hour shift system. An
employee wishing to withdraw from the 12 hour shift system shall provide a
period of notice equivalent to the roster period. In the case of demonstrated pressing necessity, a minimum of two
weeks' notice shall be required, or such lesser period of time as may be agreed
to by the public health organisation.
(m) Where a 12 hour
shift system is in place management shall be entitled to consider whether
continuation of the system in that ward, unit or operational area remains
appropriate. Where management
determines after consultation with affected employees to cease a 12 hour shift
system, three months notice of the intended cessation shall be given to
employees.
6. Introduction of
Change
(a) Where an
employer has made a definite decision to introduce changes in organisation,
structure, health service delivery, or technology that are likely to have
significant effects on employees covered by this Award, the employer shall notify
the Association and employees who may be affected by the proposed changes. Discussions shall commence as soon as
practicable after such decision has been taken.
(b) "Significant
effects" includes:
i. termination of
employment;
ii. major changes
in the composition, operation or size of the employer’s workforce or in the
skills required;
iii. changes in
employment and/or promotional opportunities or job tenure for a class or group
of employees;
iv. the alteration
of hours of work for a class or group of employees; or
v. the need for
training or transfer of a class or group of employees to other work or
location, and the restructuring of jobs.
(c) The employer
shall discuss with the employees affected and the Association, inter alia, the
introduction of the changes referred to in 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 Director-General of Health; or is an exempt matter
under the Freedom of Information Act 1989.
(e) The provision of
communication during maternity, adoption or parental leave is in accordance
with Part E Communication During Leave, of Clause 34 Maternity, Adoption and
Parental Leave.
(f) With respect to
occupational health safety matters as referred to in the Occupational Health
and Safety Act 2000, the provisions of that Act apply, and specifically the
provisions under Division 2, "Duty to Consult", as varied from time
to time
7. Hours of Work and
Free Time of Directors of Nursing and Area Managers, Nurse Education
(i) A Director of
Nursing or Area Manager, Nurse Education shall be free from duty for not less
than 9 days in each twenty-eight consecutive days and such days free from duty
may be taken in one or more periods.
(ii) If any of the
days mentioned in subclause (i) of this clause cannot be taken by reason of
emergency, such day or days shall be given and taken within 28 days of becoming
due.
(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 without medication qualification or Enrolled Nurse without medication
qualification - Special Grade who has the notation "does not hold a Board
approved qualification in medicines administration" removed from their
registration will be classified and paid as an Enrolled Nurse or Enrolled Nurse
Special Grade respectively from the commencement of the first full pay period
following the removal of such notation.
Provided that an Enrolled Nurse 1st year shall not
progress to Enrolled Nurse 2nd year until completion of twelve months’ service
at the 1st year rate (or for part time employees the full time equivalent of
1,982 hours), and to the 3rd year rate until completion of twelve months’
service at the 2nd year rate (or for part time employees the full time
equivalent of 1,982 hours), and so on throughout the scale.
10. Salary Sacrifice
to Superannuation
(i) Notwithstanding
the salaries prescribed in Clause 9, Salaries, as varied from time to time, an
employee may elect, subject to the agreement of the employee’s employer, to
sacrifice a part or all of the salary payable under the salaries clause to additional
employer superannuation contributions.
Such election must be made prior to the commencement of the period of
service to which the earnings relate. The amount sacrificed together with any
salary packaging arrangements under Clause 51, Salary Packaging, of this award
may be made up to one hundred (100) per cent of the salary payable under the
salaries clause, or up to one hundred per cent of the currently applicable
superable salary, whichever is the lesser.
In this clause "superannuable salary" means
the employee’s salary as notified from time to time to the New South Wales
public sector superannuation trustee corporations.
(ii) Any pre-tax
and post-tax payroll deductions must be taken into account prior to determining
the amount of available salary to be packaged. Such payroll deductions may
include but are not limited to superannuation payments, HECS payments, child
support payments, judgment debtors/garnishee orders, union fees and private
health fund membership fees.
(iii) Where the
employee has elected to sacrifice a part or all of the available payable salary
to additional employer superannuation contributions:
(a) The employee
shall be provided with a copy of the signed agreement. The salary sacrifice
agreement shall be terminated at any time at the employee’s election and shall
cease upon termination of the employee’s services with the employer.
(b) Subject to
Australian Taxation Law, the amount of salary sacrificed will reduce the salary
subject to appropriate PAYE taxation deductions by the amount sacrificed; and
(c) Any allowance,
penalty rate, overtime, payment for unused leave entitlements, weekly worker’s
compensation, or other payment, other than any payment for leave taken in
service, to which an employee is entitled under this award or any applicable
award, act or statute which is expressed to be determined by reference to an
employee’s salary, shall be calculated by reference to the salary which would
have applied to the employee under the salaries clause in the absence of any salary
sacrifice to superannuation made under this award.
(iv) The employee
may elect to have the specified amount of payable salary which is sacrificed to
additional employer superannuation contributions:
(a) paid into the
superannuation scheme established under the First State Superannuation Act 1992
as optional employer contributions; or
(b) subject to the
employers agreement, paid into private sector complying superannuation scheme
as employer superannuation contributions.
(v) Where an
employee elects to salary sacrifice in terms of subclause (iv) above, the
employer will pay the sacrificed amount into the relevant superannuation fund.
(vi) Where the
employee is a member of a superannuation scheme established under:
(a) the Police
Regulation (Superannuation ) Act 1906;
(b) the Superannuation
Act 1916;
(c) the State
Authorities Superannuation Act 1987;
(d) the State
Authorities Non-contributory Superannuation Act 1987; or
(e) the First
State Superannuation Act 1992
The employee’s employer must ensure that the amount of
any additional employer superannuation contributions specified in subclause (i)
above is included in the employee’s superannuable salary which is notified to
the New South Wales public sector superannuation trustee corporations.
(vii) Where, prior to
electing to sacrifice a part or all of their salary to superannuation, an
employee had entered into an agreement with their employer to have
superannuation contributions made to a superannuation fund other than a fund
established under legislation listed in subclause (vi) above, the employer will
continue to base contributions to that fund on the salary payable under Clause
9, Salaries, of the award to the same extent as applied before the employee
sacrificed that amount of salary to superannuation. This clause applies even
though the superannuation contributions made by the Employer may be in excess
of the superannuation guarantee requirements after the salary sacrifice is
implemented.
11. Intentionally
Left Blank
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 4, Grade 5 and Grade 6 when required
to remain on call for the purpose of the performance of clinical duties.
(iii)
(a) Where a Director
of Nursing is required by the public hospital to perform radiographic duties
he/she shall be paid in addition to his/her appropriate salary an allowance as
set out in Item 5, of Table 2 of Part B per week.
(b) The allowance
prescribed by paragraph (a) of this subclause shall apply to an employee who
relieves the Director of Nursing for a period of one week or more.
(c) An employee who
is performing radiographic duties in the absence of the Director of Nursing for
a period of less than one week shall be paid in addition to his or her
appropriate salary a daily allowance as set out in Item 6, of Table 2 of Part
B, provided that the maximum allowance per week payable in accordance with this
paragraph shall not exceed the amount set in the said Item 6.
(d) The allowance
prescribed by this subclause shall be regarded as part of the salary for the purpose
of this award.
(iv) An employee
required to wear a lead apron shall be paid an allowance as set out in Item 7,
of Table 2 of Part B for each hour or part thereof that he/she is required to
wear the said apron. No employee shall be required to wear a lead apron for
more than one hour without being allowed a paid break of 10 minutes.
(v) A registered
nurse who is designated to be in charge of a ward or unit during day, evening
or night shifts, when the Nursing/Midwifery Unit Manager is not rostered for
duty, shall be paid an allowance as set out in Item 8, of Table 2 of Part B per
shift. Provided that the allowance
shall also be paid when the Nursing/Midwifery Unit Manager is rostered on duty
if the day to day clinical management role for the shift is delegated to a
designated registered nurse/midwife.
Provided further that the allowance shall also be paid in the absence of
a Nurse/Midwife Manager in facilities where the Nurse/Midwife Manager
undertakes the functions usually carried out by a Nursing/Midwifery Unit
Manager.
(vi) A registered
nurse/midwife who is designated to be in-charge of a ward or unit when the
Nursing/Midwifery Unit Manager is not rostered for duty and who is also
designated to be in-charge of a public hospital of less than 100 beds during
the day, evening or night on the same shift shall be paid an allowance as set
out in Item 9, of Table 2 of Part B per shift.
Provided that this allowance shall also be paid in facilities where the
Nurse/Midwife Manager undertakes the functions usually carried out by a
Nursing/Midwifery Unit Manager.
(vii)
(a) An employee who
makes their services available and participates in an approved roster to
provide emergency telephone counselling outside their normal rostered ordinary
hours shall receive the payments prescribed in paragraphs (b), (c) and (d) of
this subclause.
(b) An employee
rostered to be on call shall be paid the sum as set in Item 2 of Table 2 of
Part B for each hour or part thereof with a minimum payment of eight hours at
that rate. Provided that an employee
rostered on call on rostered days off shall be paid the sum as set in Item 3,
of Table 2 of Part B for each hour or part thereof with a minimum payment of
eight hours at that rate.
(c) If during such
an on call period prescribed in paragraph (b) of this subclause an employee is
required to provide telephone counselling to a client, such employee shall be
entitled to the following payment in addition to the payment in the said
paragraph (b):
1. An employee on
call for telephone counselling for up to 8 hours and is required to provide
telephone counselling, such employee is to be paid one hour at ordinary rates
(excluding penalties). If an employee
receives more than one call to provide telephone counselling, no additional
payment is to be made.
2. An employee on
call for telephone counselling for 8-16 hours and is required to provide
telephone counselling, such employee is to be paid two hours at ordinary rates
(excluding penalties). If an employee receives more than one call to provide
telephone counselling, no additional payment is to be made.
3. An employee on
call for telephone counselling for 16-24 hours and is required to provide
telephone counselling, such employee is to be paid three hours at ordinary
rates (excluding penalties). If an
employee receives more than one call to provide telephone counselling, no
additional payment is to be made.
(d) An employee
called out during the period of on call shall be entitled to the prescriptions
of clause 25, Overtime.
(viii) An Enrolled
Nurse or an Enrolled Nurse without medication qualification employed in the
central sterile supply department of a public hospital, in possession of a
Sterilising Technology Certificate issued by the Sterilising Research and
Advisory Council of Australia shall be paid an allowance as set out in Item 18
of Table 2 of Part B.
(ix) A registered
nurse who is designated in-charge of a public hospital or facility of greater
than 100 beds during an evening or night shift Monday to Friday or any Saturday
or Sunday shift shall be paid an allowance per shift as set out in Item 9 (b),
of Table 2 of Part B. This allowance
shall not apply to registered nurses holding positions of a higher grade than
Clinical Nurse/Midwife Specialist Grade 2.
The employer shall not use this provision on a permanent basis in place
of appointing a Nurse Manager.
13. Continuing
Education Allowance
(i) An employee
employed in the classification of Registered Nurse /Midwife (years 1 to 8),
Clinical Nurse Specialist/Clinical Midwife Specialist, Nursing/Midwifery Unit
Manager, Nurse/Midwife Manager Grade 1,
Nurse/Midwife Manager Grade 2 or Nurse/Midwife Manager Grade 3 and above (who
satisfies the employer that she/he is engaged in clinical work for more than
50% of her/his time) who holds a continuing education qualification in a
clinical field, in addition to the qualification leading to registration, shall
be paid a continuing education allowance, subject to the following conditions
set out below:
(a) the allowance is
only payable where the qualification is accepted by the employer to be directly
relevant to the competency and skills used by the nurse/midwife in the duties
of the position;
(b) an employee
holding more than one relevant qualification is only entitled to one allowance,
being the allowance of the highest monetary value;
(c) the employee
claiming entitlement to a qualification allowance must provide evidence to the
employer that they hold that qualification within three months of obtaining the
qualification or within three months of commencing work in the relevant
specialty, unless exceptional circumstances prevent this.
(ii) Subject to the
provisions in subclause (i) of this clause, an employee who holds a
post-registration hospital certificate listed in Schedule 2 shall be paid an
allowance of an amount set out in Item 20 of Table 2 - Other Rates and
Allowances, of Part B, Monetary Rates.
(iii) Subject to the
provisions in subclause (i) of this clause, an employee who holds a
post-graduate certificate shall be paid an allowance of an amount set out in
Item 21 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates.
(iv) Subject to the
provisions in subclause (i) of this clause, an employee who holds a
post-graduate diploma or degree (other than an undergraduate nursing degree)
shall be paid an allowance of an amount set out in Item 22 of the said Table 2.
(v) Subject to the
provisions in subclause (i) of this clause, an employee who holds a masters
degree or doctorate shall be paid an allowance of an amount set out in Item 23
of the said Table 2.
(vi) An Enrolled
Nurse or an Enrolled Nurse without medication qualification, who holds a
relevant Certificate IV or equivalent continuing education qualification in a
clinical field, or Advanced Diploma of Nursing (Enrolled/Division 2 Nursing) in
addition to the qualification leading to enrolment, shall be paid a continuing
education allowance, subject to the following conditions set out below:
(a) the allowance is
only payable where the qualification is accepted by the employer to be directly
relevant to the competency and skills used by the Enrolled Nurse or an Enrolled
Nurse without medication qualification in the duties of the position;
(b) an employee
holding more than one relevant qualification is only entitled to one allowance,
being the allowance of the highest monetary value;
(c) the employee
claiming entitlement to a qualification allowance must provide evidence to the
employer that they hold that qualification within three months of obtaining the
qualification or within three months of commencing work in the relevant
specialty, unless exceptional circumstances prevent this.
(vii) Subject to the
provisions in subclause (vi) of this clause, an Enrolled Nurse or an Enrolled
Nurse without medication qualification who holds a Certificate 4 qualification
shall be paid an allowance of an amount set out in Item 24 of the said Table 2.
(viii) Subject to the
provisions in subclause (vi) of this clause, an Enrolled Nurse or an Enrolled
Nurse without medication qualification who holds an Advanced Diploma of Nursing
(Enrolled/Division 2 Nursing) qualification shall be paid an allowance of an
amount set out in Item 25 of the said Table 2.
(ix) A Clinical
Nurse Educator/Clinical Midwife Educator who holds a post graduate diploma,
degree, Masters or Doctorate in education or a clinical field in addition to
the qualification leading to registration, or a Clinical Nurse
Specialist/Clinical Midwife Specialist Grade 2 who holds a post graduate
diploma, degree, Masters or Doctorate in a clinical field in addition to the
qualification leading to registration, shall be paid a continuing education
allowance, subject to the following conditions set out below:
(a) the allowance is
only payable where the qualification is accepted by the employer to be directly
relevant to the competency and skills used by the registered nurse/midwife in
the duties of the position;
(b) an employee
holding more than one relevant qualification is only entitled to one allowance,
being the allowance of the highest monetary value;
(c) the employee
claiming entitlement to a qualification allowance must provide evidence to the
employer that they hold that qualification within three months of obtaining the
qualification or within three months of commencing work in the relevant
specialty, unless exceptional circumstances prevent this.
(x) Subject to the
provisions in subclause (ix) of this clause, a Clinical Nurse Educator/Clinical
Midwife Educator who holds a post graduate diploma, degree, Masters or Doctorate
in education or a clinical filed, or a Clinical Nurse Specialist/Clinical
Midwife Specialist Grade 2 who holds a post graduate diploma, degree, Masters
or Doctorate in a clinical field, shall be paid an allowance of the relevant
amount set out at either Item 22 or 23 of the said Table 2.
(xi) The above
allowances are not to be included in the employee’s ordinary rate of pay. The
allowances are payable during periods of paid leave taken by an employee.
(xii) The continuing
education allowances shall be considered salary-related allowances for the
purpose of salary and salary related allowance increases that may occur from
the first full pay period commencing on or after 30 June 2009.
(xii) 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/Midwife 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 in Table 1 of
the Department of Premier and Cabinet Circular C2010-28 Review of Meal,
Travelling and Other Allowances (as amended or replaced). "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
there from to the employment exceeds 40 kilometres and shall also be reimbursed
return fares to such place of engagement or the employee's immediate
destination whichever is the cheaper.
(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/Midwives;
All Enrolled Nurse classifications;
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 Justice Health Service, nurses working in the Kestrel Unit,
Morisset and Court Liaison Nurses employed by a Local Health Network 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).
(iv) All nurses
employed by the Justice Health Service shall be paid a productivity allowance
as set out in item 11B of Table 2 of Part B. Such allowance shall be considered
as salary for all purposes of this award (including the calculation of overtime
and penalty rates), and shall be adjusted from time to time in accordance with
any general wage movements in this award. Part time and Casual employees shall
be paid this allowance on a pro rata basis.
Air Ambulance Service
(v) In addition to
the weekly rate of pay prescribed by Clause 9, Salaries, Flight Nurses shall
receive the sum in Item 19 of Table 2 of Part B as an industry allowance. This
allowance shall not form part of the normal wages in respect of overtime, shift
penalties or penalties for weekends and public holidays. This allowance shall
not be payable on annual leave, long service leave or sick leave.
(vi) Reserve Duty
Allowance - A Flight Nurse required to stand by at a country centre outside
normal rostered hours shall be paid one-third of the normal hourly rate while
so doing and while not engaged in actual duties.
(vii) Unscheduled
Stopovers - A Flight Nurse required to remain away from home overnight shall be
provided with accommodation and full board of a reasonable standard which will
be paid for by the Ambulance Service.
(viii) Each five hours
during a tour of duty only, a meal allowance, as set out in subclause (ix)
below shall be paid unless a meal is provided.
(ix) The allowance
per meal shall be the average of the allowances for breakfast, lunch and dinner
as determined by Item 19 of Table 1 of the Department of Premier and Cabinet
Circular C2010-28 Review of Meal, Travelling and Other Allowances (as amended
or replaced).
Team Leader
(x) Payment of the
Team Leader allowance provided for in the Health Professionals and Medical
Salaries Award ceased to apply for employees covered by this Award from 1 July
2008, except that nurses in receipt of such an allowance immediately prior to 1
July 2008 whose salary is in advance of the applicable rate under the NSW
Health Service Health Professionals (State) Award continue to receive that
allowance while occupying their existing role.
(xi) A registered
nurse responsible for the leadership, guidance and line management of a
multi-disciplinary team of health professionals in a community-based service
whose annual salary is lower than the relevant salary set out in the NSW Health
Service Health Professionals (State) Award for the Team Leader role shall for
all purposes be paid the difference between their salary and the applicable
salary set out in the NSW Health Service Health Professionals (State) Award for
the relevant Team Leader classification as follows:
(a) A registered
nurse responsible for the leadership, guidance and line management of a
multi-disciplinary team of up to five other full time equivalent health
professionals or other technical staff or support staff providing clinical
input in a community-based service shall be paid the base salary applicable to
Health Professional Level 3, Year 2.
(b) A registered
nurse responsible for the leadership, guidance and line management of a multi-disciplinary
team of more than five and less than 10 other full time equivalent health
professionals or other technical staff or support staff providing clinical
input in a community-based service shall be paid the base salary applicable to
Health Professional Level 4, Year 2.
(c) A registered
nurse responsible for the leadership, guidance and line management of a
multi-disciplinary team of more than 10 and less than 20 other full time
equivalent health professionals or other technical staff or support staff
providing clinical input in a community-based service shall be paid the base
salary applicable to Health Professional Level 5, Year 2.
18. Telephone
Allowance
If an employee is required by his or her employer to
have a telephone installed at his or her residence for the purposes of his or
her employment, the employer shall be responsible for the payment of -
(a) the cost of
installation of the telephone
(b) three quarters
of the cost of the rental of that telephone
(c) the cost of all
official calls.
19. Trainee Enrolled
Nurses
(i) Application
(a) This clause only
applies to Trainee Enrolled Nurses employed prior to 23 February 2011 and who
are undertaking a Traineeship as defined.
(b) Existing
conditions of employment will continue to apply to employees employed as
Trainee Enrolled Nurses prior to the introduction of this clause.
(c) Existing
employees undertaking a traineeship will have their conditions of employment
preserved in accordance with Section 31 Preservation of Conditions of Employment
of Existing Worker Trainees of the Apprenticeship and Traineeship Act 2001.
(ii) Definitions
"Appropriate State Legislation" means the
Apprenticeship and Traineeship Act 2001, or any successor legislation.
"State Training Authority" is the New South
Wales Department of Education and Training, or successor organisation.
"Structured Training" means that training
which is specified in the Training Plan, which is part of the Training Contract
registered with the State Training Authority. It includes training undertaken
both on and off-the-job in a Traineeship and involves formal instruction, both
theoretical and practical, and supervised practice and clinical support. The
training reflects the requirements of a Traineeship approved by the State
Training Authority.
"Traineeship" means a system of training
which has been approved by the State Training Authority and defined by the
provisions of the Appropriate State Legislation.
"Trainee" means an employee, who is
classified as a Trainee Enrolled Nurse and is training to become an Enrolled
Nurse in a facility approved by the Board for enrolled nurse education. The
Trainee is signatory to the Training Contract registered with the State
Training Authority and is involved in full time paid work and structured
training which may be on or off the job.
"Training Contract" means a contract entered
into for the purpose of establishing a Traineeship under the Appropriate State
Legislation and is registered with the State Training Authority.
"Training Plan" means a program of structured
training which forms part of a Training Contract and is registered with the
State Training Authority.
(iii) Training
Conditions
(a) The Trainee
shall attend an approved training course or training program prescribed in the
Training Contract or as notified to the Trainee by the State Training
Authority.
(b) A Traineeship
shall not commence until the relevant Training Contract has been signed by the
employer and the Trainee and lodged for registration with the State Training
Authority, provided that if the Training Contract is not in a standard format a
Traineeship shall not commence until the Training Contract has been registered
with the State Training Authority.
(c) The employer
must ensure that the Trainee is permitted to attend the training course or
program provided for in the Training Contract and must ensure that the Trainee
receives appropriate on the job training.
(d) The employer
will ensure that the Trainee has two rostered days off immediately prior to the
commencement of block training.
(e) The employer
must provide an appropriate level of supervision in accordance with the
Training Contract during the Traineeship period.
(f) The employer
agrees that officers of the State Training Authority will monitor the Training
Contract and Training Plan and that training records or workbooks may be
utilised as part of this monitoring process.
(g) A Trainee will
not be required to perform the duties of Registered or Enrolled Nurses when
they are absent from duty. Trainees perform duties commensurate with their
classification and training.
(iv) Employment
Conditions
(a) A Trainee is
entitled to the weekly wages as provided in Table 1 - Salaries of Part B
Monetary Rates of this Award.
(b) A Trainee shall
be subject to a satisfactory probationary period of up to one month which may
be reduced at the discretion of the employer.
(c) The general
terms and conditions of this Award apply, except where inconsistent with this
clause, in which case the specific provisions of this clause prevail to the
extent of any inconsistency.
(d) By agreement in
writing, and with the consent of the State Training Authority, the employer and
the Trainee may vary the duration of the Traineeship and the extent of approved
training. Any such agreement to vary shall be in accordance with the
Traineeship.
(e) Where the
Trainee completes the qualifications in the Training Contract, earlier than the
time specified in the Training Contract then the Traineeship may be concluded
by mutual agreement by application to the State Training Authority in
accordance with the provisions of the Appropriate State Legislation.
(f) The Training
Contract can only be terminated before its conclusion by application to the
State Training Authority in accordance with the provisions of the Appropriate
State Legislation.
(g) Trainees are
permitted to be absent from work without loss of continuity of employment or
wages to attend training in accordance with the Training Contract. All rostered
time off duty occupied by a Trainee 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 and sitting for
prescribed examinations shall be deemed to be time worked.
(h) A Trainee may
work reasonable overtime and shift work provided that this does not adversely
affect the completion of the training program.
(i) No Trainee
shall work overtime or shift work on their own. Where a Trainee works overtime
or shift work, the employer must provide the Trainee with appropriate
supervision in accordance with the Training Contract.
(j) Where a Trainee
works shift work, there must be satisfactory provision for structured training
to continue.
(k) Department of
Health Policy Directive No. 2005_444 dated 28 January 2005, as amended from
time to time will apply to trainees:
i. who are
required to travel to a TAFE campus to undertake approved and/or structured
training;
ii. who are
seconded on a full time basis to another public hospital or public health
organisation for purposes of training.
(l) A Trainee who
fails to either complete the Traineeship or who cannot for any reason be placed
in permanent employment with the employer on successful completion of the
Traineeship shall not be entitled to any severance payments.
(m) Service as a
Trainee shall be counted as service for the purposes of this Award and for any
other legislative entitlement, consistent with that legislation.
(v) Monitoring
(a) The Department
and Association agree that there will be ongoing monitoring of the operation of
the provisions of this clause. The Department will advise the Association
annually of the total number of Trainees employed in each Area Health Service.
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 by Item 6 of Table
1 of the Department of Premier and Cabinet Circular C2010-28 Review of Meal,
Travelling and Other Allowances (as amended or replaced).
(iii)
(a) Where an
employer has determined that an employee or employees should report to a new
accustomed place of work on a permanent basis, the decision must be discussed
with the affected employee(s) and the local branch of the relevant union(s)
prior to notice of changed accustomed place of work being given. An employer
shall only make such a determination where it is reasonable in all the
circumstances to do so.
(b) The employer
shall give the employee reasonable notice of the requirement to report to a new
accustomed place of work. For the purpose of this sub-clause, "reasonable
notice" shall be one calendar month prior to the date the employee is
first required to report to the new accustomed place of work.
(c) Where the
accustomed place of work is changed on a permanent basis by the employer, the
employee shall report to the new accustomed place of work on the date specified
by the employer.
(d) If there is
disagreement about such decision after such discussion or if a significant
number of employees are involved, the matter should be referred to the 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 by Item 6 of
Table 1 of the Department of Premier and Cabinet Circular C2010-28 Review of
Meal, Travelling and Other Allowances (as amended or replaced).
(v) No payment shall
be made under this clause unless the employer is satisfied that the employee
has incurred additional expenditure in having to report to an alternative place
of work, at the direction of the employer.
(vi) Travel to an
alternative place of work, either by public transport or own mode of
conveyance, shall in all instances be by the most direct route.
21. Car Allowance
An employee who, with the approval of the Chief
Executive Officer or 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 Item 6 of Table 1 of the Department
of Premier and Cabinet Circular C2010-28 Review of Meal, Travelling and Other
Allowances (as amended or replaced).
22. Provision of
Communication Device
An employee who is required to visit clients away from
a secure working environment shall, during the performance of such duties, be
provided with a suitable and effective communication device. The provision of
this equipment is intended to improve service delivery, together with enhancing
the safety and wellbeing of the employee.
23. Uniform and
Laundry Allowances
(i) Subject to
subclause (ii) of this clause, sufficient, suitable and serviceable uniforms,
including one pair of shoes per annum which shall be of a recognised acceptable
standard for the performance of nursing duties, shall be supplied free of cost
to each employee required to wear a uniform. An employee to whom a new uniform
or part of a uniform has been issued who, without good reason, fails to return
the corresponding article last supplied shall not be entitled to have such
article replaced without payment therefore at a reasonable price.
(ii) An employee,
on leaving the service of an employer, shall return any uniform or part thereof
supplied by that employer which is still in use immediately prior to leaving.
(iii)
(a) In lieu of
supplying uniforms and shoes to an employee, an employer shall pay the said
employee the sum as set out in Item 13 of Table 2 of Part B per week, which
includes a sum as set in the said Item 13 per week for shoes. Provided, however, that if a uniform
includes a cardigan or jacket an additional amount as set in the said Item 13
per week shall also be paid.
(b) In lieu of
supplying stockings to a female employee an employer shall pay the said
employee the sum as set out in Item 13 of Table 2 of Part B per week. T his
subclause shall cease to have effect from the first full pay period on or after
1 July 2011.
(c) In lieu of
supplying socks to an employee, an employer shall pay the said employee the sum
as set out in Item 13 of Table 2 of Part B per week. This subclause shall cease to have effect from the first full pay
period on or after 1 July 2011.
(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 Culotte Skirts
3 Slacks
4 Blouses (2 long sleeve, 2 short sleeve)
1 Pair of Shoes
1 Handbag
1 Cardigan
1 Raincoat
1 Parka
(b) For male
employees - The equivalent items of clothing of the NSW Ambulance Service
officers' uniform shall be provided.
24. Higher Grade Duty
(i) An employee who
is called upon to relieve and does relieve an employee in a higher
classification or is called upon to act and does act in a vacant position of a
higher classification for a continuous period of at least five working days
shall be entitled to receive for the period of such relief or acting, the
minimum payment for such higher classification. The employer shall not rotate the performance of higher grade
duty so as to avoid payment for performance of the higher grade duty in this
manner.
(ii) Where an
employee acts in a vacant management position covered by this Award
continuously for more than six months, the employee will be deemed to be
appointed to that position until such time as another appointment is made by
the employer, or the employer determines that the management position will no
longer be occupied. The employer shall
have appropriate regard to the sharing of acting arrangements for developmental
purposes and equitable treatment of employees, but the employer shall not
rotate duties in such a manner as to avoid the intentions of this subclause.
25. Overtime
(i)
(a) Subject to
paragraph (b) of this subclause an employer may require an employee to work
reasonable overtime.
(b) An employee may
refuse to work overtime in circumstances where the working of such overtime
would result in the employee working hours which are unreasonable.
(c) For the purposes
of paragraph (b), what is unreasonable or otherwise will be determined having
regard to:
(i) any risk to
employee health and safety;
(ii) the employee’s
personal circumstances including any family and carer responsibilities;
(iii) the needs of
the workplace or enterprise;
(iv) the notice (if
any) given by the employer of the overtime and by the employee of his or her
intention to refuse it; and
(v) any other
relevant matter.
(ii)
(a) Subject to
paragraph (b) of this subclause all time worked by employees in excess of the
rostered daily ordinary hours of work shall be overtime and shall be paid for
at the rate of time and one half for the first two hours and double time
thereafter in respect of each overtime shift worked or in respect of overtime
worked prior to or at the conclusion of a normal shift. Provided that overtime
worked on Sundays shall be paid for at the rate of double time and on public
holidays at the rate of double time and one half.
(b) Employees
employed pursuant to Part 1 of Clause
29, Part Time, Casual and Temporary Employees, (ie. Permanent Part-Time
Employees) shall be entitled to payment for overtime in accordance with the
arrangements set out in NSW Health Policy Directive No. PD2005_439 On Call
Roster, as amended from time to time.
Overtime shall be paid for at the rate of time and one half for the
first two hours and double time thereafter except that on Sundays such overtime
shall be paid for at the rate of double time and on public holidays at the rate
of double time and one half.
(iii) An employee
recalled to work overtime after leaving the employer's premises shall be paid
for a minimum of four hours work at the appropriate rate each time so recalled.
If the work required is completed in less than four hours, the employee shall
be released from duty.
(iv) In lieu of the
conditions specified in subclauses (ii) and (iii) of this clause, a nurse who
works overtime may be compensated by way of time off in lieu of overtime,
subject to the following requirements:
(a) Time off in lieu
must be taken within three months of it being accrued at ordinary rates.
(b) Where it is not
possible for a nurse to take the time off in lieu within the three month
period, it is to be paid out at the appropriate overtime rate based on the
rates of pay applying at the time payment is made.
(c) Nurses cannot be
compelled to take time off in lieu of overtime.
(d) Time off in lieu
of overtime should only be considered as an option in those circumstances where
the employer is able to provide adequate replacement staff to ensure that the
level of quality of service that would otherwise have been provided had
overtime been worked, is in fact provided.
(e) Records of all
time off in lieu owing to nurses and taken by nurses must be maintained.
(v) An employee
required to work overtime following on the completion of his or her normal
shift for more than two hours shall be allowed twenty minutes for the partaking
of a meal and a further twenty minutes after each subsequent four hours
overtime; all such time shall be counted as time worked. Provided that the
benefits of this subclause shall not apply to an employee employed pursuant to
Part 1 of clause 29, Part-Time, Casual and Temporary Employees, until the
expiration of the normal shift for a majority of the full-time employees
employed on that shift in the ward or section concerned.
(vi) An employee
recalled to work overtime after leaving the employer's premises and who is
required to work for more than four hours shall be allowed twenty minutes for
the partaking of a meal and further twenty minutes after each subsequent four
hours overtime; all such time shall be counted as time worked.
(vii)
(a) The meals
referred to in subclause (v) and (vi) of this clause shall be allowed to the
employee free of charge. Where the employer is unable to provide such meals, an
allowance per meal as calculated hereunder shall be paid to the employee
concerned.
(b) The allowance
per meal shall be the average of the allowances for breakfast, lunch and dinner
as determined by Item 19 of Table 1 of the Department of Premier and Cabinet
Circular C2010-28 Review of Meal, Travelling and Other Allowances (as amended
or replaced).
(viii) Where an
employee is required to work an overtime shift on his or her rostered day off,
the appropriate meal breaks for that shift, as prescribed by clause 4, Hours of
Work and Free Time of Employees Other Than Directors of Nursing, shall apply.
(ix) An employee who
works so much overtime:
(a) between the
termination of his or her ordinary work on any day or shift and the
commencement of his or her ordinary work on the next day or shift that he or
she has not had at least ten consecutive hours off duty between these times; or
(b) on a Saturday, a
Sunday and a holiday, not being ordinary working days, or on a rostered day off
without having had ten consecutive hours off duty in the twenty-four hours
preceding his or her ordinary commencing time on his or her next day or shift;
shall, subject to this subclause, be released after completion of such overtime
until he or she has had ten consecutive hours off duty without loss of pay for
ordinary working time occurring during such absence. If on the instruction of the employer such an employee resumes or
continues to work without having had such ten consecutive hours off duty he or
she shall be paid at double rates until released from duty for such period and
he or she then shall be entitled to be absent until he or she has had ten
consecutive hours off duty without loss of pay for ordinary working time
occurring during such absence.
(c) The requirement
for an employee to have at least ten consecutive hours off duty before or after
overtime shall be reduced to eight hours in the following circumstances:
(i) Where the
employee and local nursing management have agreed to an eight hour break
between each rostered shift;
(ii) Where an
employee has exchanged the shift rostered before or after the overtime period
with another employee.
(d) Periods rostered
on-call or periods attracting the prescriptions of paragraph (c) of subclause
(vii) of clause 12, Special Allowances regarding telephone counselling are to
be regarded as forming part of the ten consecutive hours off duty pursuant to
paragraphs (a) and (b) of this 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/Midwife Managers classified at Grade 4 or above,
except where all of the following criteria are met:
(a) the
Nurse/Midwife Manager is employed in a small public hospital that does not
employ Nurse/Midwife Managers to supervise the nursing/midwifery services on
evenings, nights and/or weekends; and
(b) the
Nurse/Midwife Manager is required to work overtime due to the public hospital
having insufficient nursing/midwifery staff available to be rostered on duty at
the relevant time; and
(c) the
Nurse/Midwife Manager is required to work overtime in order to personally
provide "hands on" clinical care of patients.
26. Escort Duty
(i) Periods during
which an employee, other than a Director of Nursing, is engaged in nursing
duties, viz., in attendance on a patient, shall be paid as working time under
this award. Where applicable, overtime shall be payable.
(ii) All reasonable
out of pocket expenses shall be reimbursed.
(iii) Rostered time
shall be paid as such even though an employee may be travelling, in hotel/motel
accommodation or waiting for transport.
(iv) In respect of
non-rostered time not spent in nursing duties:
(a) Periods in
hotel/motel accommodation or waiting time for transport shall not be counted as
working time;
(b) Periods in
travelling shall count as working time.
27. Payment and Particulars
of Salaries
(i) All salaries
and other payments shall be paid fortnightly provided that payment for any
overtime and/or shift penalties worked may be deferred to the pay day next
following the completion of the working cycle within which such overtime and or
shift penalties is worked, but for no longer.
Provided further that any proposal to alter the day on which wages are
to be paid or the number of days pay kept in hand by the employer, must be the
subject of consultation with the Head Office of the Association.
(ii) Employees
shall have their salary paid into one account with a bank or other financial
institution in New South Wales as nominated by the employee. Salaries shall be
deposited by the employer in sufficient time to ensure that wages are available
for withdrawal by employees by no later than payday, provided that this
requirement shall not apply where employees nominate accounts with non-bank
financial institutions which lack the technological or other facilities to
process salary deposits within 24 hours of the employer making their deposits
with such financial institutions but in such cases the employer shall take all
reasonable steps to ensure that the wages of such employees are available for
withdrawal by no later than payday.
(iii) Notwithstanding
the provisions of subclause (ii) of this clause, an employee who has given or
has been given the required notice of termination of employment, in accordance
with clause 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.
(v) Underpayment and
overpayment of salaries: The following
process will apply once the issue of underpayment or overpayment is
substantiated.
(a) Underpayment:
(i) If the amount
paid is equal to or greater than one day’s gross base pay the underpayment will
be rectified within three working days;
(ii) If the amount
is less than one day’s gross base pay it will be rectified by no later than the
next normal pay. However if the
employee can demonstrate that rectification in this manner would result in
undue hardship every effort will be made by the employer to rectify the
underpayment within three working days.
(b) Overpayment
(i) In all cases
where overpayments have occurred, the employer shall as soon as possible advise
the employee concerned of both the circumstances surrounding the overpayment
and the amount involved. The employer will also advise the employee of the pay
period from which the recovery of the overpayment is to commence.
(ii) One off
overpayments will be recovered in the next normal pay, except that where the
employee can demonstrate that undue hardship would result, the recovery rate
shall be at 10% of an employee's gross fortnightly base pay.
(iii) Unless the
employee agrees otherwise, the maximum rate at which cumulative overpayments
can be recovered is an amount, calculated on a per fortnight basis, equivalent
to 10% of the employee's gross fortnightly base pay.
(iv) The recovery
rate of 10% of an employee's gross fortnightly base pay referred to in
subclause (b) (iii) above may be reduced by agreement, where the employee can
demonstrate that undue hardship would result.
(v) Where an
employee's remaining period of service does not permit the full recovery of any
overpayment to be achieved on the fortnightly basis prescribed in subclause (b)
(iii) above, the Department shall have the right to deduct any balance of such
overpayment from monies owing to the employee on the employee's date of
termination, resignation or retirement, as the case may be.
(vi) Subject to the
provisions of paragraphs (ii) and (iii) above, where the circumstances make it
appropriate the Chief Executive of the Public Health Organisation or delegate
may exercise discretion in regard to recovery of overpayments.
28. Registration
Pending
An employee who has met the requirements and applied
for registration as a Registered Nurse or Enrolled Nurse shall, upon
registration by the Board be paid as from the date of application for
registration the salary to which she or he would have been entitled if
registered as a Registered Nurse or Enrolled Nurse.
29. Part-Time, Casual
and Temporary Employees
PART I
PERMANENT
PART-TIME EMPLOYEES
(i) A permanent
part-time employee is one who is permanently appointed by a public hospital or
public health organisation to work a specified number of hours which are less
than those prescribed for a full-time employee. Provided that employers must
not utilise this provision in a manner which has the effect of subverting the
intentions of the 38-hour week arrangements whereby full-time employees work on
no more than 19 days in each 28 day roster cycle.
(ii) The number of
persons employed under Part 1 of this clause shall be limited so that the
proportion of a public hospital's permanent part-time nursing workforce,
expressed in full-time equivalents, shall not exceed 33 1/3 per cent of the
public hospital's total nursing workforce, expressed in full-time equivalents.
Provided that where the consent of the Association is first obtained, the
figure of 33 1/3 per cent permanent part-time employees may be exceeded. Should
the Association not consent to a higher percentage of permanent part-time
employees at a public hospital, resort may be had to the dispute settling
procedures provided for in clause 48, Disputes. The parties agree that they
will take account of the Government’s flexible work practices policy.
(iii) Subject to
subclause (iv) of this clause employees engaged under Part 1 of this clause
shall be paid an hourly rate calculated on the basis of one thirty-eighth of
the appropriate rate prescribed by clause 8, Salaries, with a minimum payment
of two hours for each start, and one thirty-eighth of the appropriate
allowances prescribed by clause 19, Uniform and Laundry Allowances, but shall
not be entitled to an additional day off or part thereof as prescribed by
subclauses (iii) and (v) of Clause 4, Hours of Work and Free Time of Employees
Other Than Directors of Nursing and Area Managers, Nurse Education.
(iv) Four weeks
annual leave on ordinary pay is to be granted on completion of each twelve
months service, The provisions of subclauses (v) to (xi) of clause 30, Annual
Leave, and clause 31, Annual Leave
Loading, shall apply to employees engaged under Part 1 of this clause. The
remaining provisions of clause 30 shall not apply.
(v) A public holiday
occurring on an ordinary working day shall be allowed to employees without loss
of pay; provided that an employee who is required to and does work on a public
holiday shall have one day or one half day, as appropriate, added to his/her
period of annual leave and be paid at the rate of one half time extra for the
time actually worked. Such payment is in lieu of any additional rate for shift
work or weekend work which would otherwise be payable had the day not been a
public holiday. In lieu of adding to
annual leave under this paragraph an employee may elect to be paid for the time
actually worked at the rate of time and one half in addition to his/her
ordinary weekly rate. Where payment is made in lieu of leave in respect of time
worked on a public holiday, payment shall be made for a minimum of four hours
work, and any balance of the day or shift not worked shall be paid at ordinary
rates. For employees who work less than five days per week, when a public
holiday occurs on a day of the week on which an employee regularly works, that
employee shall be entitled to observe the public holiday without loss of pay,
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, 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.
(xii) A part time
employee may elect to increase their contracted hours to reflect the average of
the actual hours worked per fortnight in the preceding 12 month period (except
in circumstances where the part time engagement has been specifically for the
purpose of temporarily backfilling a position where the substantive occupant
has been on extended leave). The employer will not unreasonably withhold
agreement to this request.
(xiii) A part time
employee may elect to convert to full time status. The employer will not
unreasonably withhold such agreement to this request.
PART II
CASUAL EMPLOYEES
A General
Provisions
(i) A casual
employee is one engaged on an hourly basis otherwise than as a permanent
part-time or full-time employee.
(ii) A casual employee
shall be paid an hourly rate calculated on the basis of one thirty-eighth of
the appropriate rate, prescribed by clause 9, Salaries, plus 10 per centum
thereof, with a minimum payment of two hours for each start, and one
thirty-eighth of the appropriate allowances prescribed by clause 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 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 II in respect of such work.
(vi) Where a casual
employee has been notified by an employer of a time to commence an engagement
and that engagement is subsequently cancelled by the employer with less than
two hours notice the casual employee must be paid a minimum payment of two
hours calculated at the rate which would have applied had the cancellation not
occurred.
(vii) A casual employee
must not be required to work more than 12 consecutive hours unless the casual
employee consents to do so.
B. Casual
Conversion
(i) The objective
of this subclause B, Casual Conversion, is for the employer to take all
reasonable steps to provide its employees with secure employment by maximising
the number of permanent positions in the employer’s workforce, in particular by
ensuring that casual employees have an opportunity to elect to become full-time
or part-time employees. These provisions arise from the Secure Employment Test
Case 2006.
(ii) A casual
employee engaged by a particular employer on a regular and systematic basis for
a sequence of periods of employment under this Award during a calendar period
of six months shall thereafter have the right to elect to have his or her
ongoing contract of employment converted to permanent full-time employment or
part-time employment if the employment is to continue beyond the conversion
process prescribed by this subclause.
(iii) Every employer
of such a casual employee shall give the employee notice in writing of the
provisions of this sub-clause within four weeks of the employee having attained
such period of six months. However, the employee retains his or her right of
election under this subclause if the employer fails to comply with this notice
requirement.
(iv) Any casual
employee who has a right to elect under paragraph (ii), upon receiving notice
under paragraph (iii) or after the expiry of the time for giving such notice,
may give four weeks’ notice in writing to the employer that he or she seeks to
elect to convert his or her ongoing contract of employment to full-time or
part-time employment, and within four weeks of receiving such notice from the
employee, the employer shall consent to or refuse the election, but shall not
unreasonably so refuse. Where an employer refuses an election to convert, the
reasons for doing so shall be fully stated and discussed with the employee
concerned, and a genuine attempt shall be made to reach agreement. Any dispute
about a refusal of an election to convert an ongoing contract of employment
shall be dealt with as far as practicable and with expedition through the
disputes settlement procedure.
(v) Any casual
employee who does not, within four weeks of receiving written notice from the
employer, elect to convert his or her ongoing contract of employment to
full-time employment or part-time employment will be deemed to have elected
against any such conversion.
(vi) Once a casual
employee has elected to become and been converted to a full-time employee or a
part-time employee, the employee may only revert to casual employment by
written agreement with the employer.
(vii) If a casual
employee has elected to have his or her contract of employment converted to
full-time or part-time employment in accordance with paragraph (iv), the
employer and employee shall, in accordance with this paragraph, and subject to
paragraph (iv), discuss and agree upon:
(a) whether the
employee will convert to full-time or part-time employment; and
(b) if it is agreed
that the employee will become a part-time employee, the number of hours and the
pattern of hours that will be worked either consistent with any other part-time
employment provisions of this award or pursuant to a part time work agreement
made under Chapter 2, Part 5 of the Industrial Relations Act 1996 (NSW).
Provided that an employee who has worked on a full-time
basis throughout the period of casual employment has the right to elect to
convert his or her contract of employment to full-time employment and an
employee who has worked on a part-time basis during the period of casual
employment has the right to elect to convert his or her contract of employment
to part-time employment, on the basis of the same number of hours and times of
work as previously worked, unless other arrangements are agreed between the
employer and the employee.
(viii) Following an
agreement being reached pursuant to paragraph (vii), the employee shall convert
to full-time or part-time employment. If there is any dispute about the
arrangements to apply to an employee converting from casual employment to
full-time or part-time employment, it shall be dealt with as far as practicable
and with expedition through the disputes settlement procedure.
(ix) An employee must
not be engaged and re-engaged, dismissed or replaced in order to avoid any
obligation under this subclause.
PART III
TEMPORARY
EMPLOYEES
(i) A temporary
employee is one engaged for a set period not exceeding 13 weeks, provided that
fixed term contracts of employment, whether for periods greater or lesser than
13 weeks, must not be offered in preference to ongoing contracts unless they
are necessary to meet the genuine operational requirements of the employer,
which may include but not be limited to parental leave, limited term funding
arrangements, long term leave relief, forthcoming service reductions, and
anticipated peak demand times.
(ii) A temporary
employee shall be paid in addition to all rates and allowances to which the
said employee is entitled under this award, an allowance equal to 10 per centum
of the rates prescribed for his or her classification by clause 8, Salaries, of
this award, provided that this subclause shall cease to apply upon:
(a) the said period
of engagement being extended after the said period of 13 weeks;
(b) the employer and
the employee agreeing during the said period of 13 weeks, that the employee
shall be employed on a permanent part-time or full-time basis.
(iii) For
entitlement to payment in respect of annual leave, see Annual Holidays Act,
1944.
PART IV
SAVINGS PROVISIONS
(i) Employees
engaged as part-time employees as at 30 June 1986 shall be entitled to exercise
the option of receiving the benefits of employment specified in Part 1 of this
clause or in lieu thereof the following:
(ii) Such part-time
employee shall be paid an hourly rate calculated on the basis of one
thirty-eighth of the appropriate rate prescribed by clause 9, Salaries, plus 10
per centum thereof with a minimum payment of two hours for each start, and one
thirty-eighth of the appropriate allowance prescribed by clause 23, Uniform and
Laundry Allowances.
(iii) With respect
to such part-time employees, the provisions of clause 41, Deputy Directors of
Nursing, Assistant Directors of Nursing; clause 7, Hours of Work and Free Time
of Directors of Nursing and Area Managers, Nurse Education; clause 25,
Overtime; clause 30, Annual Leave; clause 16, Fares and Expenses; clause 20,
Mobility, Excess Fares and Travelling and subclause (vii) of clause 38,
Accommodation and Board, of this award shall not apply. Further, part-time
employees shall not be entitled to an additional day off or part thereof as
prescribed by subclauses (iii) and (v) of clause 4, Hours of Work and Free Time
of Employees Other Than Director of Nursing and Area Managers, Nurse Education.
(iv) For entitlement
to payment in respect of annual leave, see Annual Holidays Act, 1944.
(v) Such part-time
employee who is required to and does work on a public holiday as defined in
subclause (iii) and (iv) of clause 30,
Annual Leave, shall be paid for the time actually worked at the rate of double
time and one half such payment being in lieu of weekend or shift allowances
which would otherwise be payable had the day not been a public holiday;
Provided that a part-time employee shall not be entitled to be paid in addition
the allowance of 10 per cent prescribed in subclause (ii) of this Part in
respect of such work.
(vi) The provisions
of subclauses (i) and (ii) of clause 33, Long Service Leave of this award shall
not apply to such part-time employees who shall be entitled to long service
leave in accordance with the provisions of the Long Service Leave Act,
1955.
30. Annual Leave
(i) Annual leave on
full pay is to be granted on completion of each twelve months' service as
follows:
(a) Employees
required to work on a seven day basis - six weeks annual leave.
(b) All other
employees - four weeks annual leave.
(ii)
(a) An employee to
whom paragraph (a) of subclause (i) 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 four hours work, and any balance of the
day or shift not worked shall be paid at ordinary rates.
(d) Where a public
holiday falls on a rostered day off of a shift worker as defined in clause 3,
Definitions, and who receives four weeks annual leave in accordance with
paragraph (b) of subclause (i) of this clause, such shift worker shall be paid
one day's pay in addition to the weekly rate or if the employee so elects shall
have one day added to the period of annual leave.
(e) To the leave
prescribed by paragraph (b) of subclause (i) there shall be added one working
day for each public holiday or one half working day of each half public holiday
which occurs on what would have been an ordinary working day during a period of
annual leave; provided that in the case of a shift worker referred to in
paragraph (d) of this subclause the provisions of this paragraph shall apply to
any public holiday falling during the period of annual leave.
(iii) For the
purpose of this subclause the following are to be public holidays viz., New
Years Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac
Day, Queen's Birthday, Labour Day, Christmas Day, Boxing Day and any other day
duly proclaimed and observed as a public holiday within the area in which the
employee’s usual workplace is situated.
(iv) In addition to
those public holidays prescribed in subclause (iii) of this clause, employees
are entitled to an extra public holiday each year. Such public holiday will occur on a day in the Christmas-New Year
period as determined by the employer following consultation with the
Association, or other suitable day as agreed between the employer and the
Association. Such public holiday shall
be regarded for all purposes of this clause as any other public holiday. This subclause shall apply in substitution
for any additional local public holiday or half public holiday proclaimed in a
local government area.
(v) An employee
shall be eligible for annual leave when 12 months have elapsed since the date
on which the first annual leave would have begun if taken immediately it had
become due, or if the employee has not previously had annual leave, since the
commencement of employment.
(vi) Annual leave
shall be given and taken either in one consecutive period or two periods, or if
the employer and employee so agree, in either two, three, or four separate
periods but not otherwise. Provided
that up to five single days per year may be taken at times convenient to both
the employer and the employee.
(vii)
(a) Annual leave
shall be given and shall be taken within a period of six months after the date
when the right to annual leave accrued; provided that the giving and taking of
such leave may be postponed, by mutual agreement between the parties for a
further period not exceeding six months.
(b) Nothing in this
subclause shall prevent an employer by agreement with the employee, from
allowing annual leave to an employee before the right thereto has accrued but
where leave is taken in such a case a further period of annual leave will not
commence to accrue until the expiration of the 12 months in respect of which
annual leave was taken before it accrued.
(c) The employer
shall give each employee, where practicable, three months notice of the date
upon which he or she shall enter upon leave and in any event, such notice shall
not be less than 28 days.
(viii)
(a) Each employee
before going on leave shall be paid for the period of the leave at the ordinary
rate of salary to which he or she is entitled under this award.
(b) For the purpose
of this subclause "ordinary rate of salary" means the award salary
without any deduction for accommodation and/or board, provided that the
employer is entitled to make such deduction for accommodation as is authorised
by clause 38, Accommodation and Board, of this award, if the employee, having
been requested by the employer to leave his or her room completely vacant during
the period of annual leave, fails to do so.
(c) An employee to
whom paragraph (a) of subclause (i) applies shall be paid during the first 28
consecutive days whilst on annual leave his or her ordinary rate of salary plus
shift allowances and weekend penalties relating to ordinary time the employee
would have worked if he or she had not been on annual leave. Additional annual
leave accrued under subclause (xi) attracts shift allowances and weekend
penalties relating to ordinary time the employee would have worked if he or she
had not been on annual leave.
Provided that, the provisions of the preceding
paragraphs of this subclause shall not apply to public holidays which occur
during a period of annual leave or days which have been added to annual leave
in accordance with paragraph (b) of subclause (ii) and subclause (iv) of this
clause.
(ix) Except as
provided in subclause (x) and (xi) of this clause payment for annual leave
shall not be made or accepted in lieu of annual leave.
(x) Where the
employment of an employee is terminated, the employee shall be entitled to
receive, in addition to all other amounts due, in respect of service of less
than one year an amount equal to one twelfth (6/46ths in respect of employees
rostered to work on a seven day basis) of his or her ordinary pay for that
period of employment together with payment for any days added to annual leave
in accordance with subclause (ii) of this clause and in calculating such
payment no deduction is to be made for accommodation or board. Provided that
this subclause shall not apply to an employee who elects to transfer his or her
leave entitlement in accordance with NSW Health Policy Directive No. PD2006_096
Staff Mobility, as amended from time to time.
(xi)
(a) In addition to
the leave prescribed by subclause (i) employees who work their ordinary hours
on Sundays and/or public holidays are entitled to receive additional annual
leave as follows:
Number of ordinary shifts worked on Sundays and/or public
holidays
|
Additional
|
during qualifying period of employment for annual leave
purposes
|
Annual Leave
|
4 to 10
|
1 day
|
11 to 17
|
2 days
|
18 to 24
|
3 days
|
25 to 31
|
4 days
|
32 or more
|
5 days
|
(b) An employee
entitled to additional annual leave under subclauses 30 (i) (a), 30 (xi) (a) or
17 (ii) can elect at any time to be paid an amount equivalent to the value of
accrued additional annual leave in lieu of taking the additional leave,
provided also that salary for the period of additional leave paid out will be
calculated as if the period of leave paid was actually taken.
(c) On termination
of employment, employees are to be paid for untaken annual leave due under this
subclause together with payment for any leave in respect of an uncompleted year
of employment calculated in accordance with this subclause together with
payment for any untaken leave due in accordance with subclause (x). Provided that this subclause shall not apply
to an employee who elects to transfer his or her leave entitlement in accordance
with NSW Health Policy Directive No. PD2006_096 Staff Mobility, as amended from
time to time.
31. Annual Leave
Loading
Employees shall be paid an annual leave loading in
accordance with NSW Health Policy Directive PD2006_089 Annual Leave, as amended
from time to time.
32. Family and Community
Services Leave and Personal/Carers’ Leave
(i) Family and
Community Services (‘FACS’) Leave and Personal/Carer’s Leave are separate,
stand alone entitlements.
(ii) FACS Leave and
Personal/Carer’s Leave are available to all part time and full time employees
covered by this Award in accordance with Parts A, B and D of this clause.
(iii) FACS Leave and
Personal/Carer’s Leave are available to all casual employees covered by this
Award in accordance with Part C of this clause.
A FACS Leave
(iv) FACS leave -
general
(a) For the purpose
of this clause relating to FACS Leave:
"relative" means a person related by blood,
marriage or affinity;
"affinity" means a relationship that one
spouse because of marriage has to blood relatives of the other; and
"household" means a family group living in
the same domestic dwelling.
(b) The appropriate
Chief Executive or authorised delegate may grant FACS Leave to an employee:
(1) to provide care
and/or support for sick members of the employee’s relatives or household; or
(2) for reasons
related to the family responsibilities of the employee (e.g. to arrange and or
attend a funeral of a relative; to accompany a relative to a medical
appointment where there is an element of emergency; parent/teacher meetings;
education week activities; to meet elder-care requirements of a relative); or
(3) for reasons
related to the performance of community service by the employee (e.g. in
matters relating to citizenship; to office holders in local government, other
than as a mayor, for attendance at meetings, conferences or other associated
duties; representing Australia or the State in major amateur sport other than
in Olympic/Commonwealth Games); or
(4) in a case of
pressing necessity (e.g. where an employee is unable to attend work because of
adverse weather conditions which either prevent attendance or threaten life or
property; the illness of a relative; where a child carer is unable to look
after their charge).
(v) FACS Leave
replaces Compassionate Leave.
(vi) An employee is
not to be granted FACS Leave for attendance at court to answer a criminal
charge, unless the Chief Executive or authorised delegate approves the grant of
leave in the particular case.
Applications for FACS Leave to attend court, for
reasons other than criminal charges, will be assessed on an individual basis.
(vii) FACS leave -
entitlement
(a) The maximum
amount of FACS Leave on full pay that may be granted to an employee is:
3 working days during the first year of service,
commencing on and from 1 January 1995, and thereafter 6 working days in any
period of 2 years; or
1 working day, on a cumulative basis effective from 1
January 1995, for each year of service after 2 years’ continuous service, minus
any period of FACS Leave already taken by the employee since 1 January 1995,
whichever method provides the greater entitlement.
(b) For the purposes
of calculating entitlement, a working day for employees working an average of
38 hours per week in each roster cycle shall be deemed to consist of 8
hours. The rate at which FACS Leave is
paid out and utilised shall be on actual hours absent from the rostered shift.
(c) FACS Leave is
available to part-time employees on a pro rata basis.
(viii) Additional FACS
leave for bereavement purposes
Where FACS leave has been exhausted, additional FACS
leave of up to 2 days for bereavement may be granted on a discrete, "per
occasion" basis to an employee on the death of a relative or member of a
household as defined in subclause (iv)(a) of this clause.
(ix) Use of other
leave entitlements
The appropriate Chief Executive or authorised delegate
may grant an employee other leave entitlements for reasons related to family
responsibilities, or community service, by the employee.
An employee may elect, with the consent of the
employer, to take annual leave; long service leave; or leave without pay.
B. Personal/Carer’s
Leave
(x) Use of sick
leave to care for the person concerned - definitions
A person who needs the employee’s care and support is
referred to as the "person concerned" and is:
(a) a spouse of the
employee; or
(b) a de facto
spouse, who, in relation to a person, is a person of the opposite sex to the
first mentioned person who lives with the first mentioned person as the husband
or wife of that person on a bona fide domestic basis although not legally
married to that person; or
(c) a child or an
adult child (including an adopted child, a step child, a foster child or an ex
nuptial child), parent (including a foster parent and legal guardian),
grandparent, grandchild or sibling of the employee or spouse or de facto spouse
of the employee; or
(d) a same sex
partner who lives with the employee as the de facto partner of that employee on
a bona fide domestic basis; or
(e) a relative of
the employee who is a member of the same household, where for the purpose of
this clause relating to Personal/Carer’s Leave:
"relative" means a person related by blood,
marriage or affinity;
"affinity" means a relationship that one
spouse because of marriage has to blood relatives of the other; and
"household" means a family group living in
the same domestic dwelling.
(xi) Use of sick
leave to care for the person concerned - entitlement
(a) The entitlement
to use sick leave in accordance with this subclause is subject to the employee
being responsible for the care and support of the person concerned; and the
person concerned being as defined in subclause (x) of this clause.
(b) An employee
covered by the provisions of this clause with responsibilities in relation to a
person who needs their care and support shall be entitled to use the untaken
sick leave, from that year’s annual sick leave entitlement, to provide care and
support for such persons when they are ill.
(c) Sick leave
accumulates from year to year. In addition to the current year’s grant of sick
leave available under (b) above, sick leave untaken from the previous three
years may also be accessed by an employee with responsibilities in relation to
a person who needs their care and support.
(d) The Chief Executive
or authorised delegate may, in special circumstances, make a grant of
additional sick leave. This grant can only be taken from sick leave untaken
prior to the period referred to in subclause (c) above.
(e) The employee
shall, if required, establish either by production of a medical certificate or
statutory declaration, that the illness of the person concerned is such as to
require care by another person.
(f) The employee
has the right to choose the method by which the ground for leave is
established, that is, by production of either a medical certificate or
statutory declaration.
(g) The employee is
not required to state the exact nature of the relevant illness on either a
medical certificate or statutory declaration.
(h) The employee
shall, wherever practicable, give the employer notice prior to the absence of
the intention to take leave, the name of the person requiring care and that
person’s relationship to the employee, the reasons for taking such leave and
the estimated length of absence. If it is not practicable for the employee to
give prior notice of absence, the employee shall notify the employer by
telephone of such absence at the first opportunity on the day of absence.
(i) In normal
circumstances, the employee must not take leave under this subclause where
another person has taken leave to care for the same person.
(xii) Use of other
leave entitlements
An employee may elect, with the consent of the
employer, to take:
(a) annual leave,
including annual leave not exceeding ten days in single-day periods, or part
thereof, in any calendar year at a time or times agreed by the parties. An employee and employer may agree to defer
payment of the annual leave loading in respect of single day absences until at
least five consecutive annual leave days are taken.
(b) an employee may
elect with the employer’s agreement to take annual leave at any time within a
period of 24 months from the date at which it falls due;
(c) long service
leave; or
(d) leave without
pay for the purpose of providing care and support to the person concerned as
defined in subclause (x) above.
C. Casual Employee
Entitlements
(xiii) Bereavement
entitlements for casual employees
(a) Casual employees
are entitled to not be available to attend work, or to leave work upon the
death in Australia of a person prescribed in subclause (iv)(a) of this clause.
(b) The employer and
the employee shall agree on the period for which the employee will be entitled
to not be available to attend work. In the absence of agreement, the employee
is entitled to not be available to attend work for up to 48 hours (i.e. two
days) per occasion. The casual employee is not entitled to any payment for the
period of non-attendance.
(c) An employer must
not fail to re-engage a casual employee because the employee accessed the
entitlements provided for in this clause. The rights of an employer to engage
or not engage a casual employee are otherwise not affected.
(xiv) Personal carers
entitlement for casual employees
(a) Subject to the
evidentiary and notice requirements in subclauses (xi)(e)-(h) casual employees
are entitled to not be available to attend work, or to leave work if they need
to care for a person prescribed in subclause (x) of this clause who is sick and
requires care and support, or who require care due to an unexpected emergency
or the birth of a child.
(b) The employer and
the employee shall agree on the period for which the employee will be entitled
to not be available to attend work. In the absence of agreement, the employee
is entitled to not be available to attend work for up to 48 hours (i.e. two
days) per occasion. The casual employee is not entitled to any payment for the
period of non-attendance.
(c) An employer must
not fail to re-engage a casual employee because the employee accessed the
entitlements provided for in this clause. The rights of an employer to engage
or not to engage a casual employee are otherwise not affected.
D. Flexible Work
Practice Alternatives to Using FACS or Personal/Carer’s Leave
(xv) Time off in lieu
of payment of overtime to care for the person concerned
(a) An employee may
elect, with the consent of the employer, to take time off in lieu of payment of
overtime at a time or times agreed with the employer within 12 months of the
said election, to care for the person concerned, as defined in sub-clause (x)
above.
(b) Overtime taken
as time off during ordinary time shall be taken at the ordinary time rate, that
is, one hour off for each hour of overtime worked.
(c) If, having
elected to take time as leave in accordance with (xv)(a) above, the leave is
not taken for whatever reason, payment for time accrued at overtime rates shall
be made at the expiry of the twelve month period from the date the overtime was
worked, or earlier by agreement, or on termination.
(d) Where no
election is made in accordance with paragraph (xv)(a) above, the employee shall
be paid overtime rates in accordance with the provisions of clause 25, Overtime.
(xvi) Use of make-up
time
(a) An employee may
elect, with the consent of the employer, to work "make-up time".
"Make-up time" is worked when the employee takes time off during
ordinary hours for family or community service responsibilities, and works
those hours at another time, during the spread of ordinary hours provided for
in clauses 4, 5 and 7 of this Award, at the ordinary rate of pay.
(b) An employee on
shift work may elect, with the consent of the employer, to work "make-up
time" (under which the employee takes time off during ordinary hours and
works those hours at another time) at the applicable shift work rate under
clause 15 of this Award to the hours taken off.
33. Long Service
Leave
(i)
(a) Each employee
shall be entitled to two months long service leave on full pay after ten years service; thereafter additional
long service leave shall accrue on the basis of five months long service leave
on full pay for each ten years service.
Employees with at least seven years service are
entitled, proportionate to their length of service, to a period of long service
leave on the basis of two months’ long service leave for ten years’ service on
full pay.
(b) Where the
services of an employee with at least five years service and less than seven
years service are terminated by the employer for any reason other than the employee’s
serious and wilful misconduct, or by the employee, on account of illness,
incapacity or domestic or other pressing necessity, he/she shall be entitled to
be paid a proportionate amount for long service leave on the basis of two
months’ long service leave for ten years’ service.
Where the services of an employee with at least seven
years service are terminated by the employer or by the employee, he or she
shall be entitled to be paid a proportionate amount for long service leave on
the basis of two months' long service leave for ten years service.
(ii) For the
purposes of subclause (i) of this clause-
(a) "Service"
shall mean service:
(1) as a full time
and/or permanent part time employee in one or more hospitals, public health
organisations, Local Health Networks or former NSW 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) When an employee
elects to access their long service leave entitlement, other leave entitlements
will accrue as follows:
(a) for each period
of long service leave taken on full pay - all other leave entitlements accrue
at the employee’s ordinary rate.
(b) for each period
of long service leave taken on double pay
- all other leave entitlements accrue at the employee’s ordinary rate.
(c) for each period
of long service leave taken on half pay - annual leave entitlements accrue at
half the employee’s ordinary rate while all other leave entitlements accrue at
the employee’s ordinary rate.
(d) This subclause
shall apply to new periods of Long Service Leave taken after 23 February 2011.
(vi) If a public
holiday occurs while an employee is taking long service leave, and but for the
taking of the long service leave the employee would have worked, the amount of
long service leave to be deducted is to be reduced by the public holiday.
(vii) Long service
leave shall be taken at a time mutually arranged between the employer and
employee.
(viii) When a licensed
private hospital becomes a public hospital and an employee of the private
hospital thereupon is employed by the public hospital such employee, for the
purpose of calculating service for long service leave shall be deemed to have
served in the industry of nursing for a period equal to 75 per cent of the
actual continuous service with the employer in the private hospital immediately
prior to the hospital becoming a public hospital.
(ix) Full pay shall
mean the award salary without any deduction for accommodation and/or board;
provided that an employer shall be entitled to make such deduction for
accommodation as is authorised by clause 38, Accommodation and Board, if the
employee having been requested by the employer to leave his or her room
completely vacant during the period of long service leave, fails to do so.
(x)
(a) On the
termination of employment of an employee otherwise than by his or her death, an
employer shall pay to the employee the monetary value of all long service leave
accrued and not taken at the date of such termination, unless the employee elects
to transfer his or her leave entitlement in accordance with NSW Health Policy
Directive No. PD2006_096 Staff Mobility, as amended from time to time.
(b) Where an
employee who has acquired a right to long service leave, or after having had
five years of service and less than ten years service, dies, the partner of
such employee or if there is no such partner the child/children of such
employee (or guardian such as the case may be) or the legal personal
representative of such employee, shall be entitled to receive the monetary
value of the leave not taken or which would have accrued to such employee had
his or her services been terminated as referred to in paragraph (b) of
subclause (i) of this clause and such monetary value shall be determined
according to the salary payable to the employee at the time of his or her
death. For the purposes of this sub-clause, the term ‘partner’ means a spouse
or a de facto partner (including a same sex de facto partner); and
'child/children' means a child or an adult child (including adopted child, step
child, foster child or ex nuptial child)
(xi) An employee
shall be entitled to have previous part-time service which is the equivalent of
at least two full days' duty per week taken into account for long service leave
purposes in conjunction with full-time or permanent part-time service on the
basis of the proportion that the actual number of hours worked each week bears
to 38 hours, provided that the part-time service merges without break with the
subsequent full-time or permanent part-time service.
(xii) All employees
employed under Part I - Permanent Part-Time Employees of Clause 29, Part-Time,
Casual and Temporary Employees of this Award, will have such service counted
for accrual of long service leave entitlement after 30 June, 1986. Such service shall include the average of
all hours worked (excluding overtime) in each year of service or part thereof
and include paid leave taken; in any year or part thereof in which leave without
pay is taken, the period of leave without pay shall not be included for the
purposes of the averaging calculation.
This calculation shall be carried out for each year of
service on the employee’s anniversary date of employment, and an appropriate
entry made into the employees records.
However, in recognition that data on the number of
hours worked (excluding overtime) may not exist for all the periods of service
after 30 June 1986, if there is a lack of data the employer is to calculate the
long service leave entitlement as follows:
(a) In the first
instance, Health Services should utilise all existing records to determine the
average of all hours worked (excluding overtime) and including paid leave taken
for each year of service;
(b) If the data to
determine the number of hours worked (excluding overtime) is not available
prior to the employee’s 2000/2001 anniversary date, Health Services are to
calculate the long service leave entitlement on the basis of the average of all
hours worked (excluding overtime) in each year of service, and including paid
leave taken since the employee’s 2000/2001 anniversary date.
The resultant average of hours worked per week from
application of (a) or (b) above will then be applied over the employee’s total
period of employment after 30 June, 1986 for which data does not exist to form
the basis for calculating payment for the long service leave to be taken by the
employee for this period. In this
situation the employer shall consult with the employee regarding the lack of
data prior to making a final decision that the data does not exist. In any
event, for the purpose of this calculation the resultant average of all hours
worked is to be no less than the employee’s contracted hours for each year of
service.
Entitlement and calculation for any period of employment
prior to 30 June 1986 shall be determined according to subclause (x) of this
clause.
(xiii) Except as
provided for in subclause (xiv) of this clause, rights to long service leave
under this clause shall be in replacement of rights to long service leave, if
any, which at 12 March 1975, may have accrued or may be accruing to an employee
and shall apply only to persons in the employ of the employer on or after 12
March 1975. Where an employee has been granted long service leave or has been
paid its monetary value prior to 12 March, 1975, the employer shall be entitled
to debit such leave against any leave to which the employee may be entitled
pursuant to this clause.
(xiv) The following
provisions apply only to employees employed in a hospital as at 12 March 1975:
(a) An employee who
-
(i) has had service
in a hospital, to which clause 14, Climatic and Isolation Allowances, applies,
prior to 12 March 1975, or
(ii) is employed in
a hospital, to which clause 14, Climatic and Isolation Allowances, applies as
at 12 March 1975:
shall be granted long service leave in accordance with
the long service leave provisions in force prior to 12 March, 1975, in lieu of
the provisions provided by this award where such benefits are more favourable
to the employee.
(b) An employee
employed -
(i) on a part time
basis as at 12 March 1975, may be allowed long service leave in accordance with
the long service leave provisions in force prior to 12 March 1975, in lieu of
the provisions of the Long Service Leave Act, 1955, as provided for in
subclause (x) of this clause;
(ii) on a full time
basis as at 12 March 1975 but who has had prior part time service may be
allowed to continue to be granted long service leave in accordance with the
long service leave provisions in force prior to 12 March 1975, in lieu of the
provisions provided by this award where such benefits are more favourable to
the employee.
(xv) Employees
employed under Part II - Casual Employees, Part III - Temporary Employees and
Part IV - Savings Provisions of Clause 29, Part Time, Casual, and temporary
Employees are entitled to accrue long service leave under the provisions of the
Long Service Leave Act 1955, as amended, subject to meeting the
provisions of that Act.
34. Maternity,
Adoption and Parental Leave
(i) All eligible
employees covered by this Award are entitled to the provisions of this clause
other than part time employees who receive a part time loading as prescribed by
Part IV - Savings Provisions of clause 29 of this Award (known as "old
part time"), and casual employees.
(ii) Part time
employees who receive a part time loading as prescribed by Part IV - Savings
Provisions of clause 29 of this Award (known as "old part time") and
casual employees are entitled to parental leave in accordance with the
provisions of Part 4, Parental Leave, of the Industrial Relations Act
NSW, 1996. The following provisions
shall also apply in addition to those set out in the Industrial Relations
Act 1996 (NSW).
(a) An employer must
not fail to re-engage a regular casual employee (see section 53 (2) of the Act)
because:
the employee or employee's spouse is pregnant; or
the employee is or has been immediately absent on
parental leave.
The rights of an employer in relation to engagement and
re-engagement of casual employees are not affected, other than in accordance
with this clause.
(b) Part time
employees who receive a part time loading as prescribed by Part IV - Savings
Provisions of clause 29 of this Award are entitled to the provisions of Part D
Right to Request and Part E Communication During Leave of this clause.
(iii) Liability for
Superannuation Contributions
During a period of unpaid maternity, adoption or
parental leave, the employee will not be required to meet the employer's
superannuation liability.
A Maternity Leave
(i) Eligibility for
Paid Maternity Leave -
To be eligible for paid maternity leave a full time or
permanent part time employee must have completed at least 40 weeks continuous
service prior to the expected date of birth.
An employee who has once met the conditions for paid
maternity leave will not be required to work again the 40 weeks continuous
service in order to qualify for a further period of paid maternity leave,
unless;
(a) there has been a
break in service where the employee has been re-employed or re-appointed after
a resignation, medical retirement, or after her services have been otherwise
dispensed with; or
(b) the employee has
completed a period of leave without pay of more than 40 weeks. In this context,
leave without pay does not include sick leave without pay, maternity leave
without pay, or leave without pay associated with an illness or injury
compensable under the Workers' Compensation Act, 1987.
(ii) Portability of
Service for Paid Maternity Leave -
Portability of service for paid maternity leave
involves the recognition of service in 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 an organisation that is part of the
public sector service as defined in the Public Sector Employment and
Management Act 2002 will be recognised, provided that:
(a) service was on a
full-time or permanent part-time basis;
(b) cessation of
service with the former employer was not by reason of dismissal on any ground,
except retrenchment or reduction of work;
(c) the employee
commences duty with the new employer on the next working day after ceasing
employment with the former employer (there may be a break in service of up to
two months before commencing duty with the new employer provided that the new
position was secured before ceasing duty with the former employer. However,
such a break in service will not be counted as service for the purpose of
calculating any prior service prerequisite for paid maternity leave.
(iii) Entitlement to
Paid Maternity Leave -
(a) An eligible
employee is entitled to fourteen weeks at the ordinary rate of pay from the
date maternity leave commences. This leave may commence up to fourteen weeks
prior to the expected date of birth.
It is not compulsory for an employee to take this
period off work. However, if an employee decides to work during the nine weeks
prior to the expected date of birth it is subject to the employee being able to
perform satisfactorily the full range of normal duties.
Paid maternity leave may be paid:
on a normal fortnightly basis; or
in advance in a lump sum; or
at the rate of half pay over a period of twenty-eight weeks on a regular fortnightly
basis.
Annual and/or long service leave credits can be
combined with periods of maternity leave on half pay to enable an employee to
remain on full pay for that period.
(iv) Unpaid
Maternity Leave
(a) Full time and
permanent part time employees who are entitled to paid maternity leave are
entitled to a further period of unpaid maternity leave of not more than 12
months after the actual date of birth.
(b) Full time and
permanent part time employees who are not eligible for paid maternity leave are
entitled to unpaid maternity leave of not more than 12 months.
(c) Full time and
permanent part time employees may also apply for additional unpaid maternity
leave as provided for in subclause (i)(b) of Part D Right to Request of this
clause.
(v) Applications -
An employee who intends to proceed on maternity leave
should formally notify her employer of such intention as early as possible, so
that arrangements associated with her absence can be made.
Written notice of not less than eight weeks prior to
the commencement of the leave should accordingly be given. This notice must
include a medical certificate stating the expected date of birth and should
also indicate the period of leave desired.
(vi) Variation after
Commencement of Leave -
After commencing maternity leave, an employee may vary
the period of her maternity leave, once without the consent of her employer and
otherwise with the consent of her employer. A minimum of fourteen days’ notice
must be given, although an employer may accept less notice if convenient.
The conditions relating to variation of maternity leave
are derived from Section 64 of the Industrial Relations Act 1996.
(vii) Staffing
Provisions -
In accordance with obligations established by the
Section 69 of the Industrial Relations Act 1996, any person who occupies the
position of an employee on maternity leave must be informed that the employee
has the right to return to her former position. Additionally, since an employee
has the right to vary the period of her maternity leave, offers of temporary
employment should be in writing, stating clearly the temporary nature of the
contract of employment. The duration of employment should be also set down
clearly; to a fixed date or until the employee elects to return to duty,
whichever occurs first.
(viii) Effect of Maternity
Leave on Accrual of Leave, Increments etc.
When the employee has resumed duties, any period of
full pay leave is counted in full for the accrual of annual leave, sick leave
and long service leave and any period of maternity leave on half pay is taken
into account to the extent of one half thereof when determining the accrual of
annual leave, sick leave and long service leave.
Except in the case of employees who have completed ten
years' service the period of maternity leave without pay does not count as
service for long service leave purposes.
Where the employee has completed ten years' service the period of
maternity leave without pay shall count as service provided such leave does not
exceed six months.
Maternity leave without pay does not count as service
for incremental purposes. Periods of maternity leave at full pay and at half
pay are to be regarded as service for incremental progression on a pro-rata
basis.
Where public holidays occur during the period of paid
maternity leave, payment is at the rate of maternity leave received i.e.,
public holidays occurring in a period of full pay maternity leave are paid at
full rate and those occurring during a period of half pay leave are paid at
half rate.
(ix) Illness
Associated with Pregnancy -
If, because of an illness associated with her pregnancy
an employee is unable to continue to work then she can elect to use any
available paid leave (sick, annual and/or long service leave) or to take sick
leave without pay.
Where an employee is entitled to paid maternity leave,
but because of illness, is on sick, annual, long service leave, or sick leave
without pay prior to the birth, such leave ceases nine weeks prior to the
expected date of birth. The employee then commences maternity leave with the normal
provisions applying.
(x) Transfer to a
More Suitable Position -
Where, because of an illness or risk associated with
her pregnancy, an employee cannot carry out the duties of her position, an
employer is obliged, as far as practicable, to provide employment in some other
position that she is able to satisfactorily perform. This obligation arises
from section 70 of the Industrial Relations Act 1996. A position to which an employee is
transferred under these circumstances must be as close as possible in status
and salary to her substantive position.
(xi) Miscarriages -
In the event of a miscarriage any absence from work is
to be covered by the current sick leave provisions
(xii) Stillbirth -
In the case of a stillbirth, (as classified by the
Registry of Births, Deaths and Marriages) an employee may elect to take sick
leave, subject to production of a medical certificate, or maternity leave. She may resume duty at any time provided she
produces a doctor's certificate as to her fitness.
(xiii) Effect of
Premature Birth on Payment of Maternity Leave -
An employee who gives birth prematurely and prior to
proceeding on maternity leave shall be treated as being on maternity leave from
the date leave is commenced to have the child.
Should an employee return to duty during the period of paid maternity
leave, such paid leave ceases from the date duties are resumed.
(xiv) Right to Return
to Previous Position -
In accordance with the obligations set out in section
66 of the Industrial Relations Act, 1996 an employee returning from maternity
leave has the right to resume her former position.
Where this position no longer exists the employee is
entitled to be placed in a position nearest in status and salary to that of her
former position and for which the employee is capable or qualified.
(xv) Further
Pregnancy While on Maternity Leave -
Where an employee becomes pregnant whilst on maternity
leave a further period of maternity leave shall be granted. If an employee enters on the second period
of maternity leave during the currency of the initial period of maternity
leave, then any residual maternity leave from the initial entitlement
ceases.
An employee who commences a subsequent period of
maternity leave while on unpaid maternity leave under subclause (iv)(a) of Part
A of this clause or subclause (i)(b) of Part D of this clause is entitled to be
paid at their normal rate (ie the rate at which they were paid before
proceeding on maternity leave).
An employee who commences a subsequent period of
maternity leave during the first 12 months of a return to duty for less than
full time hours as provided under subclause (i)(c) of Part D of this clause is
entitled to be paid at their substantive full time rate for the subsequent
period of maternity leave.
An employee who commences a subsequent period of
maternity leave more than 12 months after returning to duty for less than full
time hours under subclause (i)(c) of Part D of this clause, will be entitled to
paid maternity leave for the subsequent period of maternity leave at their part
time rate.
B. Adoption Leave
(i) Eligibility -
All full time and permanent part time employees who are
adopting a child and are to be the primary care giver of the child are eligible
for unpaid adoption leave.
To be eligible for paid adoption leave a full time or
permanent part time employee must also have completed at least 40 weeks
continuous service prior to the date of taking custody of the child.
An employee who has once met the conditions of paid
adoption leave, will not be required to again work the 40 weeks continuous
service in order to qualify for further periods of paid adoption leave, unless;
(a) there has been a
break in service where the employee has been re-employed or re-appointed after
a resignation, medical retirement, or after their services have been otherwise
dispensed with; or
(b) the employee has
completed a period of leave without pay of more than 40 weeks. In this context,
leave without pay does not include sick leave without pay, maternity leave without
pay, or leave without pay associated with an illness or injury compensable
under the Workers Compensation Act, 1987.
(ii) Entitlement -
(a) Paid Adoption
Leave -
Eligible employees are entitled to paid adoption leave
of fourteen weeks at the ordinary rate of pay from and including the date of
taking custody of the child.
Paid adoption leave may be paid:
on a normal fortnightly basis; or
in advance in a lump sum; or
at the rate of half pay over a period of twenty-eight weeks on a regular fortnightly
basis.
Annual and/or long service leave credits can be
combined with periods of adoption leave at half pay to enable an employee to
remain on full pay for that period.
(b) Unpaid Adoption
Leave -
Eligible employees are entitled to unpaid adoption
leave as follows:
where the child is under the age of 12 months - a
period of not more than 12 months from the date of taking custody;
where the child is over the age of 12 months - a period
of up to 12 months, such period to be agreed upon by both the employee and the
employer.
(iii) Applications -
Due to the fact that an employee may be given little
notice of the date of taking custody of a child, employees who believe that, in
the reasonably near future, they will take custody of a child, should formally
notify the employer as early as practicable of the intention to take adoption
leave. This will allow arrangements associated with the adoption leave to be
made.
(iv) Variation after
Commencement of Leave -
After commencing adoption leave, an employee may vary
the period of leave, once without the consent of the employer and otherwise
with the consent of the employer. A minimum of fourteen days’ notice must be
given, although an employer may accept less notice if convenient.
(v) Portability of
Service for Paid Adoption Leave -
As per maternity leave conditions.
(vi) Staffing
Provisions -
As per maternity leave conditions.
(vii) Effect of
Adoption Leave on Accrual of Leave, Increments, etc
As per maternity leave conditions.
(viii) Right to return
to previous position -
As per maternity leave conditions.
C. Parental Leave -
(i) Eligibility
To be eligible for parental leave a full time or
permanent part time employee must have completed at least 40 weeks continuous
service prior to the expected date of birth or to the date of taking custody of
the child.
An employee who has once met the conditions for paid
parental leave will not be required to again work the 40 weeks continuous
service in order to qualify for a further period of paid parental leave,
unless:
(a) there has been a
break in service where the employee has been re-employed or re-appointed after
a resignation, medical retirement, or after their services have been otherwise
dispensed with; or
(b) the employee has
completed a period of leave without pay of more than 40 weeks. In this context,
leave without pay does not include sick leave without pay, maternity leave
without pay, or leave without pay associated with an illness or injury
compensable under the Workers' Compensation Act 1987.
(ii) Portability of
Service for Paid Parental Leave
As per maternity leave conditions.
(iii) Entitlements
Eligible employees whose spouse or partner (including a
same sex partner) is pregnant or is taking custody of a child are entitled to a
period of leave not exceeding 52 weeks which includes one week of paid leave,
and may be taken as follows:
(a) an unbroken
period of up to one week at the time of the birth of the child, taking custody
of the child or other termination of the pregnancy (short parental leave); and
(b) a further
unbroken period in order to be the primary caregiver of the child (extended
parental leave).
(c) The entitlement
of one weeks’ paid leave may be taken at 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.
(d) Extended
parental leave cannot be taken at the same time as the employee’s spouse or
partner is on maternity or adoption leave except as provided for in subclause
(i)(a) of Part D Right to Request of this clause.
(iv) Applications
An employee who intends to proceed on parental leave
should formally notify their employer of such intention as early as possible,
so that arrangements associated with their absence can be made.
(a) In the case of
extended parental leave, the employee should give written notice of the
intention to take the leave.
(b) The employee
must, at least four weeks before proceeding on leave, give written notice of
the dates on which they propose to start and end the period of leave, although
it is recognised in situations of taking custody of a child, little or no
notice may be provided to the employee.
In such an instance, the employee should notify the employer as early as
practicable.
(c) The employee
must, before the start of leave, provide a certificate from a medical
practitioner confirming that their spouse or partner is pregnant and the
expected date of birth, or in the case of an adoption, an official form or
notification on taking custody of the child.
(d) In the case of
extended parental leave, the employee must, before the start of leave, provide
a statutory declaration by the employee stating:
(i) if applicable,
the period of any maternity leave sought or taken by his spouse, and
(ii) that they are
seeking the period of extended parental leave to become the primary care giver
of the child.
(v) Variation after
Commencement of Leave
After commencing parental leave, an employee may vary
the period of her/his parental leave, once without the consent of the employer
and otherwise with the consent of the employer. A minimum of fourteen days’
notice must be given, although an employer may accept less notice if
convenient.
(vi) Effect of
Parental Leave on Accrual of Leave, Increments etc.
As per maternity leave conditions.
(vii) Right to return
to Previous Position
As per maternity leave conditions.
D. Right to
Request
(i) An employee
entitled to maternity, adoption or parental leave may request the employer to
allow the employee:
(a) to extend the
period of simultaneous maternity, adoption or parental leave use up to a
maximum of eight weeks;
(b) to extend the
period of unpaid maternity, adoption or extended parental leave taken for a
further continuous period of leave not exceeding 12 months;
(c) to return to
duty for less than the full time hours they previously worked by taking weekly
leave without pay.
to assist the employee in reconciling work and parental
responsibilities.
(ii) The employer
shall consider the request having regard to the employee’s circumstances and,
provided the request is genuinely based on the employee’s parental
responsibilities, may only refuse the request on reasonable grounds related to
the effect on the workplace or the employer’s business. Such grounds might include cost, lack of
adequate replacement staff, loss of efficiency and the impact on customer
service.
(iii) The employee’s
request and the employer’s decision made under (i)(b) and (c) must be recorded
in writing.
(iv) Where an
employee wishes to make a request under subclause (i)(c):
(a) the employee is
to make an application for leave without pay to reduce their full time weekly
hours of work
(b) such application
must be made as early as possible to enable the employer to make suitable staffing
arrangements. At least four weeks
notice must be given.
(c) all requests are
to be considered having regard to the terms of NSW Health Policy Directive No.
PD2005_154 Maternity Leave - Access to Reduced Hours for Staff Following
Return, as amended from time to time.
(d) Salary and other
conditions of employment are to be adjusted on a basis proportionate to the
employee’s full time hours of work ie. for long service leave the period of
service is to be converted to the full time equivalent, and credited
accordingly.
(e) It should be
noted that employees who return from maternity, adoption or parental leave
under this arrangement remain full time employees. Therefore the payment of any part time allowance to such
employees does not arise.
E. Communication
During Leave
(i) Where an
employee is on maternity, adoption or parental leave and a definite decision
has been made to introduce significant change at the workplace, the employer
shall take reasonable steps to:
(a) make information
available in relation to any significant effect the change will have on the
status or responsibility level of the position the employee held before
commencing the leave; and
(b) provide an
opportunity for the employee to discuss any significant effect the change will
have on the status or responsibility level of the position the employee held
before commencing leave.
(ii) The employee
shall take reasonable steps to inform the employer about any significant matter
that will affect the employee’s decision regarding the duration of leave to be
taken, whether the employee intends to return to work and whether the employee
intends to request to return to work on a part-time basis.
(iii) The employee
shall also notify the employer of changes of address or other contact details
which might affect the employer’s capacity to comply with subclause (i).
F. Commonwealth
Paid Parental Leave (CPPL)
(i) From 1 January
2011 the CPPL scheme may be available to eligible employees.
(ii) The CPPL is
independent of other leave entitlements and is in addition to paid parental
leave entitlements.
35. Military Leave
Employees shall be granted military leave in accordance
with NSW Health Policy Directive No. PD2006_013 Leave to Undertake Defence
Force Duties, as amended from time to time.
36. Repatriation
Leave
Ex-servicemen/women shall be granted repatriation leave
in accordance with NSW Health Policy Directive No. PD2006_095 Special Leave, as
amended from time to time.
37. Sick Leave
(i) Subject to the
following limitation and conditions an employee shall be entitled to sick leave
on full pay calculated by allowing 76 rostered ordinary hours of work for each
year of continuous service less any sick leave on full pay already taken:
(a) An employee
shall not be entitled to sick leave until after three months continuous
service.
(b) An employee
shall not be entitled to sick leave on full pay for any period in respect of
which such employee is entitled to accident pay, or workers' compensation;
provided, however that where an employee is not in receipt of accident pay, an
employer shall pay to an employee, who has sick leave entitlements under this
clause, the difference between the amount received as workers compensation and
full pay.
The employee's sick leave entitlement under this clause
shall, for each week during which such difference is paid, be reduced by the
proportion of hours which the difference bears to full pay. On the expiration
of available sick leave, weekly compensation payments only shall be payable.
(c) All periods of
sickness shall be certified to by the Medical Superintendent or Director of
Nursing of the employer or by the employee's own legally qualified medical
practitioner or dentist. The employer may dispense with the requirement of a
medical certificate where the absence does not exceed 2 consecutive days or
where, in the employer's opinion, the circumstances are such as not to warrant
such requirement.
(d) Each employee
shall, as soon as reasonably practicable and in any case within 24 hours of the
commencement of such absence, inform the employer of his or her inability to
attend for duty and as far as possible state the nature of the injury or
illness and the estimated duration of the absence.
(e) Where an
employee is absent on sick leave for a total of 10 working days in any one year
of service and has no sick leave entitlement carried over from previous years,
that employee will continue to be paid for an additional 4 hours even though no
sick leave credit might exist. Such additional payment will not affect the
subsequent year’s sick leave entitlement, ie. it is "special sick
leave", not "sick leave in advance" (see NSW Health Policy
Directive No. PD2006_094, 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 as set out in Item 16 of table 2 of Part B per
week.
(v)
(a) The employer
shall provide for the use of employees who live out:
(1) a suitable
change room and adequate washing and toilet facilities; provided that the
washing and toilet facilities need not be distinct from those provided for
employees who live in and this provision shall not apply to a public hospital
the registered number of beds of which is less than 9;
(2) a full-length
locker fitted with lock and key or other suitable place for the safe keeping of
clothing and personal effects of such employee;
(b) An employer
shall provide for an employee who lives out, tea, coffee, milk and sugar for
morning and afternoon tea, supper and early morning tea when the employee is on
duty at times appropriate for the partaking thereof and shall provide also for
such an employee who requires them, meals of the standard specified in
subclause (iv) of this clause, which fall during the duty period and for such
meals so provided may make a charge, provided that the charge for breakfast and
other meals shall be as set in Item 17 of Table 2 of Part B.
(vi) The charges
referred to in subclauses (iii), (iv) and (v) to be adjusted in accordance with
any general movement in wage rates in this award. The Director-General of
Health may apply for additional adjustments from time to time based on the
differences between such wage increases and the actual cost of providing these
services. Provided that an employer may
waive all or part of these charges at its discretion as an incentive to
recruitment of nurses.
(vii) Where an
employee partakes of a meal from a cafeteria service provided by a public
hospital or public health organisation, he or she shall be required to pay the
charge fixed for such meal in lieu of the meal charges prescribed in subclauses
(iv) or (v) of this clause.
39. Grading Committee
A Committee consisting of two representatives of the
employer and two representatives of the Association shall be constituted to
consider and make recommendations to the employer in relation to:
(a) any request or
proposal to establish or alter the grading of positions of Nursing Unit
Manager;
(b) the date of
effect of any grading recommended.
Provided that:
(i) an employee
shall, whilst the grading or remuneration of his or her position is under
consideration, be ineligible to be a member of the Committee;
(i) the Committee
shall not, without sufficient reason, recommend the retrospective operation of
any grading or remuneration; and
(iii) where a
retrospective date of effect is recommended, such date shall not be earlier
than a date six months prior to the date on which the matter was referred to
the Committee.
40. Grading of Nurse/Midwife
Manager Positions
(i) All positions
of Nurse/Midwife Manager, as defined in Clause 3, Definitions of this award
shall be graded by the employer in accordance with the Work Level Statements
set out in Schedule 1 to this award.
(ii) The employer
may determine a higher grading including a multi-grade, 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.
(v) Employees
seeking appointment to positions of Nurse Manager are generally expected to
possess the core knowledge and skills appropriate to the respective grades as
set out in Schedule 1 to this award.
41. Deputy Directors
of Nursing, Assistant Directors of Nursing
(i) The following
appointments shall be made in public hospitals with adjusted daily averages of
occupied beds as specified hereunder:
Less than 150 beds
|
-
|
a Deputy Director of Nursing
|
150 beds and over
|
-
|
a Deputy Director of Nursing, Assistant Directors of
Nursing.
|
(ii) Appointments
under subclause (i) of this clause shall be made within two calendar months of
the date this award becomes operative and thereafter within two calendar months
of the occurrence of a vacancy. In
default of appointment within the said period of two calendar months, the
registered nurse employed as such or in a higher classification who has
customarily relieved in the vacant position, or if no one has so customarily
relieved, the registered nurse employed in the same or the next senior
classification below the vacant position with the longest service in such
classification at the public hospital, shall be deemed to be appointed until
such time as another appointment is made by the employer.
(iii) This clause
shall not apply to a hospital using members, novices or aspirants of religious
orders where a member of an order carries out the duties under this clause of
an Assistant Director of Nursing or Deputy Director of Nursing.
42. Proportion
Except in cases of emergency not more than four
enrolled nurses and/or assistants in nursing to each registered nurse shall be
employed in a public hospital and for this purpose a Director of Nursing shall
count.
43. Medical
Examination of Nurses
See NSW Health Policy Directive No. PD2005_186
Employment Health Assessment Policy and Guidelines, as amended from time to
time.
44. Domestic Work
Except as hereinafter provided, nurses shall not be
required to perform, as a matter of routine, the following duties: viz.;
washing, sweeping, polishing and/or dusting of floors, walls or windows of
wards, corridors, annexes, bathrooms or 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/Local Health Network 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 and age.
(ii) It follows
that in fulfilling their obligations under the dispute resolution procedure
prescribed by this award the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this award are not
directly or indirectly discriminatory in their effects. It will be consistent
with the fulfilment of these obligations for the parties to make application to
vary any provision of the award which, by its terms or operation, has a direct
or indirect discriminatory effect.
(iii) Under the Anti-Discrimination
Act 1977, It is Unlawful to Victimise an Employee Because the Employee Has
Made Or May Make Or Has Been Involved in a Complaint of Unlawful Discrimination
Or Harassment.
(iv) Nothing in this
clause is to be taken to affect:
(a) any conduct or
act which is specifically exempted from anti-discrimination legislation:;
(b) offering or
providing junior rates of pay to persons under 21 years of age;
(c) any act or
practice of a body established to propagate religion which is exempted under
Section 56(d) of the Anti-Discrimination Act 1977;
(d) a party to this
award from pursuing matters of unlawful discrimination in any State or Federal
jurisdiction.
(v) This clause does
not create legal rights or obligations in addition to those imposed upon the
parties by legislation referred to in this clause.
NOTES
(a) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(b) Section 56(d) of
the Anti-Discrimination Act 1977 provides:
"Nothing in this Act affects any other act or
practice of a body established to propagate religion that conforms to the
doctrines of that religion or is necessary to avoid injury to the religious
susceptibilities of the adherents of that religion".
50. Exemption
This award shall not apply to -
(i) members,
novices or aspirants of religious orders in public hospitals;
(ii) the Sydney
Dental Hospital provided that nurses employed thereat are paid not less than
the appropriate salaries prescribed by this award.
51. Salary Packaging
(i) By agreement
with their employer, employees may elect to package a part or all of their
salary in accordance with this clause, to obtain a range of benefits as set out
in NSW Policy Directive PD2007_076 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 may be up to 100 per cent
of salary.
Any salary packaging above the fringe benefit exemption
cap will attract fringe benefits tax as described in paragraph (iv) below.
(ii) Where an
employee elects to package an amount of salary:
(a) Subject to
Australian taxation law, the packaged amount of salary will reduce the salary
subject to appropriate PAYG taxation deductions by that packaged amount.
(b) Any allowance,
penalty rate, overtime payment, payment for unused leave entitlements, weekly
worker’s compensation, or other payment other than any payment for leave taken
in service, to which an employee is entitled under this award or statute which
is expressed to be determined by reference to an employee’s salary, shall be
calculated by reference to the salary which would have applied to the employee
under this award in the absence of any salary packaging or salary sacrificing
made under this award.
(c) "Salary"
for the purpose of this clause, for superannuation purposes, and for the
calculation of award entitlements, shall mean the award salary as specified in
Clause 9, Salaries, and which shall include "approved employment
benefits" which refer to fringe benefit savings, administration costs, and
the value of packaged benefits.
(iii) Any pre-tax
and post-tax payroll deductions must be taken into account prior to determining
the amount of available salary to be packaged. Such payroll deductions may
include but are not limited to superannuation payments, HECS payments, child
support payments, judgement debtor/garnishee orders, union fees and private
health fund membership fees.
(iv) The salary
packaging scheme utilises a fringe benefit taxation exemption status conferred
on public hospitals and Local Health Networks, which provides for a fringe
benefits tax exemption cap of $17,000 per annum. The maximum amount of fringe
benefits-free tax savings that can be achieved under the scheme is where the
value of benefits when grossed-up, equal the fringe benefits exemption cap of
$17,000. Where the grossed-up value exceeds the cap, the employer is liable to
pay fringe benefits tax on the amount in excess of $17,000, but will pass on
this cost on to the employee. The employer’s share of savings, the combined
administration cost, and the value of the packaged benefits, are deducted from
the pre-tax dollars.
(v) The parties
agree that the application of the fringe benefits tax exemption status
conferred on public hospitals and Local Health Networks is subject to the
prevailing Australian taxation laws.
(vi) If an employee
wishes to withdraw from the salary packaging scheme, the employee may only do
so in accordance with the required period of notice as set out in the Salary
Packaging Policy and Procedure Manual.
(vii) Where an
employee ceases to salary package, arrangements will be made to convert the
agreed package amount to salary. Any costs associated with the conversion will
be borne by the employee, and the employer shall not be liable to make up any
salary lost as a consequence of the employee’s decision to convert to salary.
(viii) Employees
accepting the offer to salary package do so voluntarily. Employees are advised
to seek independent financial advice and counselling to apprise them of the
implications of salary packaging on their individual personal financial
situations.
(ix) The employer
and the employee shall comply with the procedures set out in the NSW Health
Services Salary Packaging Policy and Procedure Manual as amended from time to
time.
52. Deduction of
Union Membership Fees
(i) The union shall
provide the employer with a schedule setting out union fortnightly membership
fees payable by members of the union in accordance with the union’s rules.
(ii) The union
shall advise the employer of any change to the amount of fortnightly membership
fees made under its rules. Any variation to the schedule of union fortnightly
membership fees payable shall be provided to the employer at least one month in
advance of the variation taking effect.
(iii) Subject to (i)
and (ii) above, the employer shall deduct union fortnightly membership fees
from the pay of any employee who is a member of the union in accordance with
the union’s rules, provided that the employee has authorised the employer to
make such deductions.
(iv) Monies so
deducted from employees’ pay shall be forwarded regularly to the union together
with all the necessary information to enable the union to reconcile and credit
subscriptions to employees’ union membership accounts.
"Regularly" shall be defined as monthly
except where the practice and protocol of an employer 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. Staffing
Arrangements
(i) Reasonable
workloads are required for nurses to assist in providing a sustainable health
system for the people of NSW that not only meets present health needs but also
plans for the health needs of the future.
(ii) The employer
has a responsibility to provide reasonable workloads for nurses.
(iii) Principles
The following principles shall be applied in
determining or allocating a reasonable workload for a nurse:
(a) Reasonable
workloads will be based on the application of the staffing arrangements
detailed in this clause. The
arrangements may be the reasonable workload principles alone or, in addition,
the provisions set out in Sections II - IX, of subclause (iv) in relation to
the services, wards and units to which they apply.
(b) Workload
assessment will take into account measured demand by way of clinical
assessment, including acuity, skill mix, specialisation where relevant, and
geographical and other local requirements/resources.
(c) The work
performed by the employee will be able to be satisfactorily completed within
the ordinary hours of work assigned to the employee in their roster cycle.
(d) The work will be
consistent with the duties within the employee’s classification description and
at a professional standard so that the care provided or about to be provided to
a patient or client shall be adequate, appropriate and not adversely affect the
rights, health or safety of the patient, client or nurse.
(e) The workload
expected of an employee will not be unfair or unreasonable having regard to the
skills, experience and classification of the employee for the period in which
the workload is allocated.
(f) An employee
will not be allocated an unreasonable or excessive nursing workload or other
responsibilities except in emergency or extraordinary circumstances of an
urgent nature.
(g) An employee
shall not be required to work an unreasonable amount of overtime.
(h) An employee’s
workload will not prevent reasonable and practicable access to Learning and
Development Leave, together with ‘in-house’ courses or activities, and
mandatory training and education.
(i) Existing
minimum staffing levels to ensure safe systems of work and patient safety shall
continue to apply.
(j) Nothing in this
clause prevents a higher level of staffing from being provided when, and where,
this is necessary for clinical or other reasons.
(iv) Staffing and
Specialties
The Association and the Department agree that the
staffing arrangements in this clause and their application may be reviewed and
amended from time to time by agreement and that the Award may be varied by
consent to reflect any such agreement.
Section I:
Replacement of Absences
(a) When an
unplanned absence occurs (e.g. due to unexpected sick leave) the NUM (or
delegate) will immediately review the roster to determine the effect of the
absence on workload.
(b) Where the NUM (or
delegate) determines to backfill the absence, the default position is to fill
the absence with a nurse of the same classification as the absent nurse.
(c) If all avenues
to backfill the absence with a nurse at the same classification are exhausted
and the only remaining option is to backfill the absence with a nurse of a
lower classification, the NUM (or delegate) must consider how the functions
performed in the ward/unit can be safely and appropriately performed by a nurse
of another nursing classification.
(d) In some
circumstances it may be possible to backfill with a nurse of a lower
classification. Where it is determined
to backfill with a nurse of a lower classification, a record of this, together
with the reasons, must be made.
Section II: Nursing
Hours Wards and Units
(a) Nursing hours
wards and units comprise general inpatient wards, dedicated palliative care
wards/units, dedicated rehabilitation wards/units and inpatient adult acute
mental health wards/units.
(b) General
inpatient wards do not include:
1. All Types of
Critical Care Units:
Intensive Care Units
High Dependency Units
Coronary Care Units
Burns Units
Neo-natal Intensive Care Units
2. Day Only Wards
3. Day of Surgery
Wards
4. Procedural
Units (Haemodialysis, Endoscopy, Cardiac Catheter, etc)
5. Paediatrics
6. Drug &
Alcohol
7. All Midwifery
Services:
Antenatal
Post Natal, Nurseries
Delivery & Birthing Suites
8. 23 Hour Wards
9. Fast track
wards
10. Transition Wards
(slow stream)
11. Medical
Assessment Units
12. Medical/Surgical
Acute Care Units (MACU & SACU)
13. Wards/Units
attached to Emergency Departments:
Psychiatric Emergency Care Centres (PECC)
Observation wards
Emergency Medical Units (EMUs)
(c) The Association
and the Department have agreed that staffing will be determined by the Nursing
Hours Per Patient Day ('NHPPD') specified below, provided over a week, to
determine the number of nurses required to provide direct clinical care. The number of nursing hours per patient day
may also be expressed as an equivalent ratio.
(d) 6.0 NHPPD will
apply to general inpatient wards in Peer Group A facilities, being Principal
Referral Hospitals, accounted for over the period of a week
(e) 5.5 NHPPD will
apply to general inpatient wards in Peer Group B facilities, being Major
Metropolitan and Major Non - Metropolitan Hospitals, accounted for over the
period of a week
(f) 5.0 NHPPD will
apply to general inpatient wards in Peer Group C facilities, being District
Group Hospitals, accounted for over the period of a week.
(g) 6.0 NHPPD will
apply to dedicated palliative care wards, accounted for over the period of a
week.
(h) 5.0 NHPPD will
apply to dedicated general rehabilitation wards and units, and 6.0 NHPPD will
apply to dedicated rehabilitation specialist brain and spinal injury units,
accounted for over the period of a week.
For these wards and units only, NHPPD includes the hours usually worked
by nursing and other categories of staff, however titled, agreed with the
Association.
(i) 6.0 NHPPD will
apply to inpatient adult acute mental health wards in general hospitals which
are not specialist mental health facilities, accounted for over the period of a
week.
(j) 5.5 NHPPD will
apply to inpatient adult acute mental health wards in specialised mental health
facilities, accounted for over the period of a week.
(k) The specified
staffing set out above shall be implemented progressively in accordance with a
timetable agreed between the Department and the Association, with full effect
from 1 July 2013.
(l) At the time the
new staffing levels referred to in Section II subclauses d) to j) above are
introduced on a ward or unit for the first time, staffing levels in wards and
units with higher than the specified staffing will either continue to apply or
be reviewed. A reduction in staffing will not occur without a review taking
place. If there is disagreement between the Employer and Association about the
outcome of the review the provisions of subclause (vii) Grievances in relation
to workload will apply.
(m) The number of
nursing hours per patient day may also be expressed as an equivalent ratio
which provides the same nursing hours over a week. For example:
1. a NHPPD of 6.0
can provide sufficient nursing hours to provide am/pm/night equivalent ratios
of 1:4/1:4/1:7 across seven days, as well as the option of some shifts with a
nurse in charge who does not also have an allocated patient workload.
2. a NHPPD of 5.5
can provide sufficient nursing hours to provide am/pm/night equivalent ratios
of 1:4/1:5/1:7 across seven days, as well as the option of some shifts with a
nurse in charge who does not also have an allocated patient workload.
3. a NHPPD of 5.0
can provide sufficient nursing hours to provide am/pm/night equivalent ratios
of 1:5/1:5/1:7 across seven days, as well as the option of some shifts with a
nurse in charge who does not also have an allocated patient workload.
Example Table 1
NHPPD:
|
6
|
which delivers the following nursing hours:
|
Average Hours
|
156
|
|
|
|
Per Day:
|
|
Number of Patients:
|
26
|
|
Hours Per Week:
|
1092
|
|
MORNING
|
AFTERNOON
|
NIGHT
|
|
Number
|
#Equiv.
|
*In
|
Number
|
#Equiv.
|
*In
|
Number
|
#Equiv.
|
Total
|
|
of Staff
|
Ratio
|
Charge
|
of Staff
|
Ratio
|
Charge
|
of Staff
|
Ratio
|
Hours
|
|
|
|
with no
|
|
|
with no
|
|
|
|
|
|
|
allocated
|
|
|
allocated
|
|
|
|
|
|
|
patients
|
|
|
patients
|
|
|
|
Shift Length
|
|
|
|
|
|
|
|
|
|
in hours
|
8
|
|
8
|
8
|
|
8
|
10
|
|
|
Monday
|
7
|
1: 3.7
|
0
|
7
|
1: 3.7
|
1
|
4
|
1: 6.5
|
160
|
Tuesday
|
7
|
1: 3.7
|
0
|
7
|
1: 3.7
|
1
|
4
|
1: 6.5
|
160
|
Wednesday
|
6.5
|
1: 4
|
0
|
6
|
1: 4.3
|
1
|
4
|
1: 6.5
|
148
|
Thursday
|
7
|
1: 3.7
|
0
|
7
|
1: 3.7
|
1
|
4
|
1: 6.5
|
160
|
Friday
|
7
|
1: 3.7
|
0
|
7
|
1: 3.7
|
1
|
4
|
1: 6.5
|
160
|
Saturday
|
6
|
1: 4.3
|
1
|
6
|
1: 4.3
|
1
|
4
|
1: 6.5
|
152
|
Sunday
|
6
|
1: 4.3
|
1
|
6
|
1: 4.3
|
1
|
4
|
1: 6.5
|
152
|
|
|
|
|
|
|
|
Hours Per Week:
|
1092
|
Notes: # Equivalent Ratio is indicative of the ratio that
could be created by this roster pattern. * In this example the NUM has
distributed the hours on some shifts to include a nurse in charge who does not
have an allocated patient workload.
Example Table 2
NHPPD:
|
6
|
which delivers the
following nursing hours:
|
Average Hours
|
|
|
|
|
Per Day:
|
156
|
Number of Patients:
|
26
|
|
Hours Per Week:
|
1092
|
|
MORNING
|
AFTERNOON
|
NIGHT
|
|
Number
|
#Equiv.
|
*In
|
Number
|
#Equiv.
|
*In
|
Number
|
#Equiv.
|
Total
|
|
of Staff
|
Ratio
|
Charge
|
of Staff
|
Ratio
|
Charge
|
of Staff
|
Ratio
|
Hours
|
|
|
|
with no
|
|
|
with no
|
|
|
|
|
|
|
allocated
|
|
|
allocated
|
|
|
|
|
|
|
patients
|
|
|
patients
|
|
|
|
Shift Length
|
8
|
|
8
|
8
|
|
8
|
10
|
|
|
in hours
|
|
|
|
|
|
|
|
|
|
Monday
|
7
|
1: 3.7
|
0
|
7
|
1: 3.7
|
0
|
4
|
1: 6.5
|
152
|
Tuesday
|
7
|
1: 3.7
|
0
|
7
|
1: 3.7
|
0
|
4
|
1: 6.5
|
152
|
Wednesday
|
7
|
1: 3.7
|
0
|
7
|
1: 3.7
|
0
|
4
|
1: 6.5
|
152
|
Thursday
|
7
|
1: 3.7
|
0
|
7
|
1: 3.7
|
0
|
4
|
1: 6.5
|
152
|
Friday
|
7
|
1: 3.7
|
0
|
7
|
1: 3.7
|
0
|
4
|
1: 6.5
|
152
|
Saturday
|
8
|
1: 3.3
|
0
|
8
|
1: 3.3
|
0
|
4
|
1: 6.5
|
168
|
Sunday
|
8
|
1: 3.3
|
0
|
7.5
|
1: 3.5
|
0
|
4
|
1: 6.5
|
164
|
|
|
|
|
|
|
|
Hours Per Week:
|
1092
|
Notes: # Equivalent Ratio is indicative of the ratio
that could be created by this roster pattern. * In this example the NUM has distributed
the hours differently across the days and has decided to allocate a patient
workload to the nurse in charge of shift.
(n) Only nurses
providing direct clinical care are included in the NHPPD. This does not include positions such as
Nursing Unit Managers, Nurse Managers, Clinical Nurse Educators, Clinical Nurse
Consultants, dedicated administrative support staff and wardspersons.
(o) In implementing
Nursing Hours in Nursing Hours Wards the daily bed census data averaged over a
specified preceding period of up to 52 weeks (in whole weeks) will be used to
determine the ‘number of patients’. In
determining the specified period due regard should be given to reduced activity
periods, seasonality and other local factors.
Where seasonality is a significant factor, the specified period can be
the equivalent period in the preceding year.
(p) The NUM will
distribute the hours/shifts across the day and week in a rostering pattern with
due regard to the workload pattern of their ward, provided the applicable NHPPD
is achieved over the week.
(q) The NUM may
distribute the NHPPD to include a nurse in charge who does not also have an
allocated patient workload, provided the applicable NHPPD are achieved over the
week
(r) When, on a
shift, the NUM considers that patient care needs cannot be sufficiently met
from the nurses immediately available and the NUM (or nurse delegated with
responsibility for patient care within the ward/unit) considers additional
nursing hours should be provided in order to meet clinical needs, the NUM will
inform the appropriate Nurse Manager who, together with the NUM, will consider
a solution including, but not limited to, the following options:
1. deployment of
nurses from other wards/units;
2. additional
hours for part time staff;
3. engagement of
casual/agency nursing staff;
4. overtime;
5. prioritisation
of nursing activities on the ward/unit;
6. reallocation of
patients.
When these options have been exhausted and only with
approval from the Director of Nursing and Midwifery and the concurrence of the
General Manager, the decision may be made to limit admissions when discharges
occur from the ward/unit. This decision
is to be made as soon as practicable after commencement of the shift.
(s) Spot Check
1. In wards and units
where the agreed staffing method is NHPPD, information will be available to
staff which identifies the NHPPD.
2. At any time a
nurse working on the ward/unit or a member of the local Reasonable Workload
Committee may make a written request to the NUM for a spot check to confirm
that the NHPPD are being provided.
3. The relevant
Reasonable Workload Committee must be informed of the commencement of the spot
check.
4. Within 7 days
of receipt of such a request the NUM will ensure that each week for a 4 week
period the NHPPD provided are posted within 7 days of the conclusion of the
relevant period.
5. If, at any time
during the spot check or at its conclusion, it is established that the provided
NHPPD falls short of the specified NHPPD then action must immediately commence
to rectify the shortfall.
6. Where the four
week spot check confirms that the specified NHPPD are being provided then the
process is concluded.
7. The outcome of
the spot check will be made available to the Reasonable Workload Committee.
(t) The calculation
used to spot check the provision of NHPPD in Nursing Hours Wards
1. To determine
the ‘number of patients’ add the number of patients as recorded for each day in
the bed census in the week to be calculated, then divide that total by 7 (the
number of days in the week). For
example:
(24 + 25 + 25 + 25 + 23 + 22 + 24) ÷ 7 = 24 (Number of
patients).
2. Then take the
applicable NHPPD figure (eg 6.0) and multiply it by 7 (for 7 days in the week),
then multiply by the number of patients, as identified above eg 24.
3. In this
example, 6 x 7 x 24 = 1,008 nursing hours or 6 NHPPD. 1,008 is therefore the nursing hours that were required for the
ward that week. The figure is then
compared to the nursing hours that were actually provided.
4. Assume in this
example that 974 nursing hours were actually provided. The required NHPPD falls short as 5.8 NHPPD
has been provided instead of 6 NHPPD. In this example, the NUM would
immediately commence action to rectify the shortfall in accordance with point 5
of (s) Spot Checks in this Section.
5. The spot check
would require the completion of this calculation for four consecutive weeks.
(u) Annual Leave
relief
1. The annual
leave ‘relief’ factored into the calculation of the total required FTE reflects
the annual leave entitlements under this Award for the employees, arising from
their actual shift patterns. However, this figure may be adjusted at ward level
for planned periods of low activity or annual ward closures that mean less
leave relief is required.
2. If
circumstances arise whereby the planned periods of low activity or annual ward
closures do not take place, the required FTE should be calculated again in
light of those altered circumstances and staff deployment.
(v) Relief for Sick
Leave, FACS Leave & Mandatory Education
To account for sick leave, FACS leave and mandatory
education, a figure of two weeks (equating to 76.0 hours based on a 38 hour
week) per annum should be factored into the FTE required for the ward. This
figure is subject to joint review by the Association and the Department, on
request by either party.
Section III:
Staffing Arrangements for Peer Group D & F3 MPS
(a) The following
provisions will apply to hospitals designated Peer Group D1 Community Acute
Hospitals with community inpatient acute beds and a level 2 or above emergency
department function; and to F3 Multi-Purposes Services facilities with
community inpatient acute beds and a level 2 or above emergency department function:
(1) During the hours
that the Emergency Department is open there will be a minimum of two registered
nurses on duty, to ensure that there is a registered nurse available on the
acute ward when a registered nurse is required to attend the Emergency
Department. One of these registered
nurses may be a NUM/NM who also performs clinical functions on the shift who is
on duty and on site.
(b) The parties
recognise that where implementation of the provisions at (a) (1) above requires
a change in the classification mix this will be achieved progressively from the
date of this Award and is determined by the rate of staff turnover experienced
in those facilities where the provisions apply.
Section IV:
Perioperative Services
(a) ACORN 2008
standards will be implemented in Operating Rooms including that during each
operating session, the minimum staffing for each operating room will be:
1. two nurses, one
of whom must be a Registered Nurse and one of whom may be a suitably qualified
and endorsed Enrolled Nurse, to carry out the roles of scrub/instrument nurse
and scout nurse; and
2. one Anaesthetic
nurse or one other trained and qualified anaesthetic category of staff.
Section V:
Maternity Services
(a) The Association
and the Department have agreed that the Birthrate Plus methodology, as adapted
for use in New South Wales, will be used to calculate staffing in maternity
services and will be progressively implemented according to a timetable agreed
between the Department and the Association.
Section VI: Inpatient Mental Health Staffing Arrangements
(a) The Association
and the Department have agreed that the following provisions will apply in all
inpatient mental health units (with the exception of inpatient adult acute
mental health wards at Section II from the date of implementation of nursing
hours in these wards/units) and be used by managers in the evaluation of
nursing staff levels and for the Reasonable Workload Committees to assess and
manage identified workloads issues.
(b) For the purpose
of this subclause inpatient mental health units include but are not limited to:
1. Forensic Units;
2. Child &
Adolescent Units;
3. Older Adult;
4. Psychiatric
Emergency Care Centres (PECC);
5. Rehabilitation;
6. Extended Care
Units.
(c) When determining
the nursing productive FTE the following should be considered:
1. The previous 12
months activity should be used as a guide unless the unit has had a significant
change in activity, presentation number or type, or where a new model of care
has commenced which has impacted on the type of presentation or length of stay;
2. Staff
assessment will be based on comparisons to the FTE utilised in the individual
unit in the previous year, using the monitoring reports, in conjunction with
professional judgement and information on known workload issues;
3. Categories:
The number of inpatients requiring 1 staff or more to 1
patient;
The number of inpatients requiring close observation;
The number of inpatients assessed requiring sighting at
regular intervals;
The number of inpatients nearer to going home.
4. Level &
frequency of aggressive behaviour displayed by patients and based on clinical
risk assessment;
5. Level of
suicidal behaviour displayed by patients (see Mental Health Outcomes and
Assessment Tools (MH-OAT) risk level);
6. Level of vulnerability
/ potential of exploitation from others (such as sexual safety, financial
exploitation);
7. Age of patient
and co-morbidities;
8. Patients with a
dual diagnosis;
9. Type of
facility and unit (eg Closed / Open Units);
10. Design of unit;
11. Number of beds
available;
12. Local factors
referred to at subclause 53 (iii) (b) may include but are not limited to:
(i) The available
level of support staff (eg ward clerks, medical officers, patient support
officers, allied health staff);
(ii) Teaching and
research activities;
(iii) Provision of
nurse escorts;
(iv) Ward geography;
and
(v) Data
entry/documentation including MH-OAT.
(d) When determining
the nursing non-productive FTE required:
1. No less than
six weeks (30 days) annual leave relief per productive FTE for staff working
shift work and no less than 4 weeks (20 days) for non-shift workers must be
included.
2. No less than
two weeks (10 days) of sick/FACS leave and mandatory education relief per
productive FTE must be included.
3. Replacement for
long service leave and paid maternity leave should not be considered part of
the funded FTE unless additional FTE is set aside for this purpose.
Traditionally funding for this replacement is managed at a central cost centre
for a facility or service (this must be determined prior to finalising
established FTE).
4. Assess impact
on staff for workers’ compensation / return to work programs on the FTE
required.
(e) General
1. Nursing/Midwifery
Unit Managers, Clinical Nurse/Midwife Educators, Clinical Nurse/Midwife
Consultants and Nurse/Midwife Practitioners do not carry a direct clinical
load.
2. Consideration
should be given to the evolution of future clinical roles in nursing.
3. Consideration
should be given to the additional responsibilities related to other activities
such as the Magistrates Hearing and the Mental Health Review Tribunal and
associated escorts.
4. Consideration
should be given to the impact of future legislative requirements on workloads
where reasonably known.
Section VII:
Community and Community Mental Health Staffing Arrangements
(a) The Association
and the Department agree that the following staffing arrangements are to apply
in all Community Health Services (including services such as child and family
health, community mental health and drug health) and be used by managers in the
evaluation of nursing staff levels and for the Reasonable Workload Committees
to assess and manage identified workloads issues in accordance with the
principles specified in subclause (iii) Principles.
(b) The current
agreed average ‘face-to-face’ ratio in the Community Health Service (CHS) shall
be used as the starting point for consideration of staffing levels where
indications are that staffing numbers are insufficient to manage the workload.
(c) Funded /
budgeted FTE must include no less than four weeks (20 days) of annual leave
relief per productive FTE. Where staff are required to work shift work or
weekends then no less than six weeks (30 days) should be included. Managers are
responsible for scheduling annual leave equitably throughout the year to manage
leave liabilities and to prevent unreasonable increased workload for remaining
employees arising from the taking of leave.
(d) Funded /
budgeted FTE must include no less than two weeks (10 days) of sick / FACs leave
relief and mandatory education relief per productive FTE. Cost centres with
child and family services must include an additional day to accommodate
mandatory education leave for child protection.
Funded FTE available for relief of sick / FACS /
mandatory education is to be utilised as required when this leave is taken
rather than used for permanent employment.
(e) Replacement for
long service leave and paid maternity leave should not be considered part of
the funded FTE unless additional FTE is set aside for this purpose.
Traditionally, funding for this replacement is managed at a central cost centre
for a facility or service.
(f) Assess impact
on staff for workers’ compensation / return to work programs on the FTE
required.
(g) Existing
appointed positions, eg. CNCs and managers, must be maintained in their current
role, and except in the case of emergencies, shall not be routinely used to
cover nursing shortages in the general workload areas.
To ensure this occurs, each appointed position should
have a position description that defines the scope and requirements of their
primary role.
Leave relief for these positions is required in the
funded FTE.
(h) Induction
programs including preceptorship should be in place to adequately supervise new
staff. These programs would include a
reasonable number of "supernumerary" hours followed by appropriate
allocation of patients according to the complexity of need and the new staff’s
level of training. The ability to consult senior staff by phone should be
ensured, particularly during induction.
Funded FTE should incorporate a reasonable number of
additional hours for this purpose based on historical turnover rates.
(i) Community
Health Services must have the ability to maintain a "pool" of casual
staff to manage unplanned leave and vacancies or a sudden and unanticipated
increase in workload.
(j) Reasonable
deployment within individual Community Health Services to address uneven
workload distribution should occur as a day-to-day management strategy. However
this should not be seen as a method of covering unfilled vacancies or ongoing
sick leave.
Long term demographic trends may result in adjustment
of boundaries to enable existing staffing to better accommodate the needs of
the community while still maintaining composition of their team.
(k) Appropriate
hours for case management should be included in the Funded FTE to maintain a
safe and holistic level of care for patients. This principle is inherent in the
needs for patients in the community.
(l) Appropriate
time for travel in the context of the local geography and traffic conditions
must be factored into hours required for clinical workload.
(m) In accordance
with occupational health and safety principles, hazards must be eliminated or
controlled, appropriate loading facilities must be provided, to enable
restocking of clinical supplies and equipment.
(n) Nursing hours
utilised in carrying out non clinically related activities eg. servicing of
vehicles should be monitored, quantified and incorporated into the FTE required
for a given service.
(o) This list
indicates minimum requirements only.
Section VIII:
Emergency Department Staffing Arrangements
(a) The Association
and the Department have agreed that the following staffing arrangements are to
apply in Emergency Departments and be used by managers in the evaluation of
nursing staff levels and for the Reasonable Workload Committees to assess and
manage identified workloads issues in accordance with the Principles specified
in subclause (iii).
(b) When determining
the nursing productive FTE required:
1. The previous 12
months activity should be used unless the ED has had a significant change in
activity, presentation number or type, or where a new model of care has
commenced which has impacted on the type of presentation or Length of Stay.
2. Staff
assessment will be based on comparisons to the FTE Utilised in the individual
ED in the previous year in conjunction with professional judgement,
incorporating anecdotal information on known workload issues.
3. Consideration
needs to be given to local factors affecting workload. This may have the
potential to increase the required FTE over and above that indicated by
activity.
(c) When determining
the nursing non-productive FTE required:
1. No less than
six weeks (30 days) annual leave relief per productive FTE for staff working
shift work and no less than 4 weeks (20 days) for non-shift workers must be
included.
2. No less than
two weeks (10 days) of sick/FACS leave and mandatory education relief per
productive FTE must be included.
3. Replacement for
long service leave and paid maternity leave should not be considered part of
the required FTE. Traditionally funding for this replacement is managed at a
central cost centre for a facility or service.
4. Assess the
impact on staff for workers’ compensation / return to work programs on FTE
required.
(d) General
1. All Level 5 and
6 Emergency Departments to have a dedicated shift coordinator on all shifts in
addition to the FTE required for clinical activity. The requirement for
additional FTE for the Shift Coordinator in Levels 1 to 4 Emergency Departments
is at the discretion of the facility after due consideration of the historical
and anticipated activity for each shift
of the week
2. There is to be
an identified triage nurse on every shift.
3. Provision must
be made for the coverage of community retrievals and participation in the
facility Cardiac Arrest Team, if this an ED responsibility.
4. Where an
Emergency Department has a dedicated Psychiatric Emergency Care Centre (PECC),
mental health specialist nurses must staff it.
The FTE required for appropriate coverage of the PEC Unit is in addition
to the requirement for the main sections of the Emergency Department.
5. The facility
must have a contingency plan to backfill nurses in the event that they are
called out as part of a disaster team.
6. This list
indicates minimum requirements only.
(e) Provision of
designated nurses for the resuscitation area.
The provision of designated nurses for the
resuscitation area in Emergency Departments will be as follows:
To provide the staffing levels set out in the table
below the required additional nurses will be employed in accordance with a
timetable agreed between the Department and the Association, with full effect
from 1 July 2013.
Description
|
Provision
|
Adult/mixed Emergency Departments with a role
|
Three designated resuscitation nurses on two
|
delineation of Level 6 and Urgency Disposition
|
shifts and two designated resuscitation nurses
|
Groups (‘UDG’) of 45,000 or more
|
on the third shift
|
Adult/mixed Emergency Departments with a role
|
Two designated resuscitation nurses on two
|
delineation of Level 6 and UDG of less than 45,000
|
shifts and one designated resuscitation nurse
|
|
on the third shift
|
Adult/mixed Emergency Departments with a role
|
Two designated resuscitation nurses on two
|
delineation of Level 3, 4 or 5 and UDG of more than
|
shifts and one designated resuscitation nurse
|
45,000
|
on the third shift
|
Adult/mixed Emergency Departments with a role
|
One designated resuscitation nurse on each of
|
delineation of Level 4 or 5 and UDG of more than
|
three shifts per day
|
25,000 and less than 45,000.
|
|
‘UDG’ stands for urgency disposition groups which is a
methodology applied by the NSW Department of Health that weights Emergency
Department attendances for the triage category mix and patient disposition e.g.
hospital admission.
Section IX:
Transitional arrangements for GWCT wards
(a) This section
will continue to apply until the implementation timetable set out at Section II
(k) is completed in that ward or unit.
(b) The General
Workload Calculation Tool possesses the following key characteristics:
1. 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).
2. 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.
3. 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."
4. Available beds
- The average number of available beds is calculated, to account for changes in
this figure during the course of a year.
5. Length of
shifts - The length of shifts reflects those rostered to be worked in the ward
or unit.
6. 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.
7. 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/Midwifery Unit
Manager, Clinical Nurse Educator/Clinical Midwife Educator, Clinical Nurse
Consultant/Clinical Midwife Consultant, dedicated administrative support staff
and wards persons.
8. 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/Midwifery Unit
Manager to monitor monthly.
9. 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.
10. 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 Department, on request by either
party.
11. 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.
12. 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
community nursing;
community mental health nursing; and
Multi-Purpose Services.
(c) The Association
and the Department 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.
Section X: Hospital Listings
(a) The Department
will publish on its website the following lists, updated annually:
1. As per clause
53, Section II (a), a list of Hospitals by Peer Group;
2. As per clause
53, Section III (a), a list of Hospitals by Emergency Department role
delineation;
3. As per clause
53, Section VIII (d), a list of hospitals which outlines both the Emergency
Department role delineation and Urgency Disposition Groups (UDG) attendances.
(vi) Role of
Reasonable Workload Committees
(a) Reasonable
Workload Committees shall be established to facilitate consultation on
reasonable workloads for nurses, together with the provision of advice and
recommendations to management. Aspects of reasonable workload may include, but
need not be limited to, nursing workloads generally, the provision of
specialist advice, training, and planning for bed or ward closures or openings
as they relate to nursing workloads. It is intended that the committees, by
their operation, will make a positive contribution to the workload of nurses.
Reasonable Workload Committees are a mechanism to provide for informed
discussions at the local level and encourage the resolution where possible of
any workload disputes at this level in the first instance.
(b) The committees
by their operation shall not alter the rights and obligations of management to
decide nursing workload matters.
(c) Public
hospitals, mental health facilities and multi purpose sites shall monitor the
implementation of reasonable workloads for nurses using the agreed Monitoring
System in all inpatient wards/units.
Monthly and annual reports generated by the Monitoring
System shall be provided to the Reasonable Workload Committee to ensure the
committees have the information they need to assess workload issues.
In areas where the NSW Health Department and the
Association have agreed that the Monitoring System cannot apply, relevant
available data pertaining to workloads will be collected and collated for the
use of Reasonable Workload Committees.
(d) It is intended
that the Reasonable Workload Committees provide a structured and transparent
forum for all nurses to be genuinely consulted about workload matters through
an appropriate mechanism; contribute to the decision making process; and have
the ability to resolve disputes about workloads, should they arise, through the
committee process and provisions in this Award.
(vi) Structure of
Reasonable Workload Committees
(a) Upon request by
the Association, nurse(s) employed in a public hospital, or public health
organisation or the employer, a Reasonable Workload Committee shall be
established for the relevant public hospital or public health
organisation. Such requests shall be
made to the Chief Executive Officer of the public health organisation. Where
circumstances warrant and are conducive to the efficient delivery of services,
a Reasonable Workload Committee may be established by agreement between the
Association and the employer that covers more than one public hospital or public
health organisation.
(b) Upon request by
the Association or an employer a reasonable workload committee shall also be
established for the relevant Local Health Network or Statutory Health
Corporation.
(c) Each Reasonable
Workload Committee shall comprise equal representation of employees and the
employer. Employee representation shall
be determined by the Association.
Employer representation shall be determined by the employer as
appropriate. Committee size will be determined by agreement between the
Association and the employer. Every
endeavour shall be made to minimise the size of the committee, with provision
to co-opt additional assistance that may be required on an ‘as needs’ basis.
(d) The committees
shall meet with a frequency determined by each committee, having regard to
issues and information to hand.
(e) The committee
members and the parties they represent shall make every endeavour to reduce or
eliminate any duplication of subject matter and coverage with pre-existing
structures and consultative mechanisms.
Every effort shall also be taken to ensure the most efficient meeting
arrangements are instituted for operation of the committees and to minimise
disruption to nurses’ rosters. The
committee members and the parties they represent shall make every endeavour to
ensure that any additional time and information imposts arising from the
operations of the committee are minimised.
(f) To enable
members of reasonable workload committees to discharge the committee’s role and
carry out their responsibilities, attendance at committee meetings and
reasonable preparation time shall be deemed to be time on duty and remunerated
accordingly. Wherever possible, this
time shall occur during the ordinary hours of work.
(vii) Grievances in
relation to workload
(a) Notwithstanding
the provisions specified in 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/Midwifery Unit Manager responsible (or the appropriate manager).
(c) If the matter
remains unresolved, it should be referred to the appropriate Nurse/Midwife
Manager, Director of Nursing or Area Director of Nursing, depending on the
nursing executive structure of the public hospital or public health
organisation in which the grievance has arisen.
(d) If the matter
remains unresolved, it should be referred to the appropriate public
hospital/public health organisation reasonable workload committee for
consideration and recommendation to management. If the matter cannot be resolved by this committee, the issue may
be referred to a Local Health Network or Statutory Health Corporation committee
under subclause (v) (b).
(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) Presenting
information on the Association and Association activities at induction sessions
for new staff. The Association shall have up to one half-hour made available
for a presentation in such a program provided to employees. If such programs
are provided to employees by electronic or remote means, the union’s
presentation and associated literature will also be included; and
(vi) Distributing
official Association publications or other authorised material at the
workplace, provided that a minimum of 24 hours notice is given to workplace
management, unless otherwise agreed between the parties. Distribution time is
to be kept to a minimum and is to be undertaken at a time convenient to the
workplace.
B. Trade Union
Leave Activities
The granting of trade union leave with pay will apply
to the following activities undertaken by an Association delegate, as specified
below:-
(i) annual or
biennial conferences of the Association;
(ii) meetings of the
Association's Executive, or Councils;
(iii) annual
conference of Unions NSW and the Congress of the Australian Council of Trade
Unions;
(iv) attendance at
meetings called by the Unions NSW involving the Association which requires
attendance of a delegate;
(v) attendance at
meetings called by the Director-General of Health/Health Service, as the
employer for industrial purposes, as and when required;
(vi) giving evidence
before an Industrial Tribunal as a witness for the Association;
(vii) reasonable
travelling time to and from conferences or meetings to which the provisions of
Parts A, B and C of this clause apply.
C. Trade Union
Training Courses
The following training courses will attract the grant
of paid trade union leave as specified below:
(i) accredited
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 Director-General of Health for determination
after consultation with the Chief Executive and the Association."
E. Period of Notice
for Trade Union Activities
The Chief Executive or their nominee must be notified
in writing by the Association or, where appropriate, by the accredited delegate
as soon as the date and/or time of the meeting, conference or other accredited
activity is known.
F. Access to
Facilities by Trade Union Delegates
The workplace shall provide accredited delegates with
reasonable access to the following facilities for authorised Association
activities:
(i) telephone,
facsimile and, where available, email facilities;
(ii) a notice board
for material authorised by the Association or access to staff notice boards for
material authorised by the Association;
(iii) workplace
conference or meeting facilities, where available, for meetings with member(s),
as negotiated between local management and the Association."
G. Responsibilities
of the Trade Union Delegate
Responsibilities of the delegate are to:
(i) establish
accreditation as a delegate with the Association and provide proof of
accreditation to the workplace;
(ii) participate in
the workplace consultative processes, as appropriate;
(iii) follow the
dispute settling procedure applicable in the workplace;
(iv) provide
sufficient notice to the immediate supervisor of any proposed absence on
authorised Association business;
(v) account for all
time spent on authorised Association business;
(vi) when trade union
leave is required, to apply for that leave in advance;
(vii) distribute
Association literature/membership forms, under local arrangements negotiated
between the Chief Executive and the Association; and
(viii) use any
facilities provided by the workplace properly and reasonably as negotiated at
organisational level."
H. Responsibilities
of the Trade Union
Responsibilities of the Association in respect of trade
union activities are to:
(i) provide written
advice to the Chief Executive about an Association activity to be undertaken by
an accredited delegate and, if requested, to provide written confirmation to
the workplace management of the delegate's attendance/participation in the
activity;
(ii) meet
travelling, accommodation and any other costs incurred by the accredited
delegate, except as provided in subclause (iii) of Part I, Responsibilities of
Workplace Management;
(iii) pay promptly
any monies owing to the workplace under a negotiated "on loan"
arrangement;
(iv) provide proof of
identity when visiting a workplace in an official capacity, if requested to do
so by management;
(v) apply to the
Chief Executive of the health service well in advance of any proposed extension
to the "on loan" arrangement;
(vi) assist the
workplace management in ensuring that time taken by the Association delegate is
accounted for and any facilities provided by the employer are used reasonably
and properly; and
(vii) advise employer
of any leave taken by the Association delegate during the on loan arrangement.
I. Responsibilities
of Workplace Management
Where time is required for Association activities in
accordance with this Award the responsibilities of the workplace management are
to:
(i) release the
accredited delegate from duty for the duration of the Association activity, as
appropriate, and, where necessary, to allow for sufficient travelling time
during the ordinary working hours;
(ii) advise the
workplace delegate of the date of the next induction session for new staff
members in sufficient time to enable the Association to arrange representation
at the session;
(iii) meet the
travel and/or accommodation costs properly and reasonably incurred in respect
of meetings called by the workplace management;
(iv) where possible,
to provide relief in the position occupied by the delegate in the workplace,
while the delegate is undertaking Association responsibilities to assist with
the business of workplace management;
(v) 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
Director-General of Health is responsible for setting policy direction to
ensure that all employees receive appropriate learning opportunities.
(c) Chief Executives
of Health Services are responsible and accountable for ensuring that employees
receive appropriate learning opportunities in line with the present and future
needs of the Health Service. Chief Executives are also responsible for
allocating an appropriate budget for learning activities, which may include
replacement costs for rostered staff who are on leave to attend an approved
workshop, conference or tertiary studies.
(d) Managers and
supervisors are responsible and accountable for promoting and supporting
learning activities for staff in their area of responsibility. Managers and
supervisors are also responsible for arranging replacement staff, when
necessary, for employees who may be attending learning activities. Managers and
supervisors must advise all employees of the protocol for review procedures
relating to non-approval of Learning and Development Leave.
(e) Nurses wishing
to attend a part time postgraduate course of study who are working shiftwork
are to be given priority in being released from rostered shifts to attend
lectures/tutorials where there are no alternative and feasible attendance
options. Replacement of staff should be provided where appropriate. This
applies only to further studies that lead to a recognised clinical qualification.
(f) Employees are
responsible for meeting all fees/costs associated with tertiary studies and
fees associated with other educational activities unless the Health Service
offers scholarships or other forms of financial assistance.
(iii) Eligibility
(a) Access to
Learning and Development Leave is at the discretion of the Health Service. It should be made available to all eligible
employees within the Health Service to promote the development of a highly
trained, skilled and versatile workforce which is responsive to the
requirements of government and Health Service delivery.
(b) Permanent staff
who are full time or part time, and full time temporary employees are eligible
to apply for leave. Part time temporary employees and permanent part time employees
are granted leave on a pro-rata basis. Casual staff are not eligible for this
form of leave.
(iv) Types and
amount of leave
(a) Seminars,
conferences and short courses
(1) The approval of
leave and/or financial assistance for attendance at seminars, conferences or
short courses should be considered in light of the Health Service strategic
plan. Employees may be granted Learning and Development Leave, or may be
considered on duty depending on the priority for this activity in the light of
the Health Service Strategic Plan.
(2) The amount of
leave is at the discretion of the Health Service. Decisions in relation to
financial assistance should be made in the context of the budget and the
expected benefits to the Health Service.
(b) Tertiary Study
(1) When developing
local learning and Development Leave policy for tertiary study each Health
Service will need to advise employees of local approval arrangements.
(2) Leave is not to
be approved for failed or repeated subjects.
(c) Face to face
(1) The amount of
leave granted is at the discretion of the Health Service. As a guide, in respect of attendance at an
educational institution, employees may be granted 50% of compulsory attendance
times up to four hours per week per semester or term.
(2) The amount of
leave to attend examinations should be based on the specific requirements of
the individual course. An employee’s request not to be rostered to work night
shift on the day prior to a scheduled morning examination should, wherever
practicable, be agreed to by the Health Service.
(d) Distance
Education
An equivalent amount of Learning and Development Leave
to that available for face to face study is to be granted to employees
undertaking distance education.
(e) Accrual of leave
Learning and Development Leave associated with tertiary
studies may be accrued up to a maximum of 5 days per semester or term, and may
be accrued until the last examination of the semester, or the last attendance
day of the semester if there is no final examination.
(f) Residentials
The amount of leave to attend a compulsory residential
program should be based on the specific requirements of the course and should
be negotiated at the time of application for Learning and Development Leave.
(g) Thesis/Research
or combination Thesis/Research/Coursework
Periods of leave may also be granted to employees
undertaking higher degrees by thesis, research, coursework, or a combination of
same. The amount of leave will be based on four hours per week for each
academic year of study. Rather than being taken on a week to week basis the
leave is available over the course of study. For example, if the higher degree
takes 1 academic year and an academic year is 30 weeks the entitlement for
leave would be calculated as 30 weeks x four hours = 120 hours available over
the year. If the higher degree takes
two years the amount would be 240 hours. All hours are available over the
length of the course and may be taken in amounts mutually agreeable between the
employee and the Health Service.
(v) Payment for
Leave
Leave approved pursuant to this clause will be paid at
the employee’s ordinary rate of salary and excluding penalty rates.
56. Career Break
Scheme
(i) The career
break scheme allows employees to defer twenty percent of their salary for four
years, and be paid this deferred salary in the fifth year.
(ii) Employees who
apply and are approved to participate in the career break scheme will receive
100% of their normal salary for the first four years with a deduction
equivalent to 20% of net salary (gross less tax). The 20% of net salary is
deposited into a trust account in the employee’s name each pay period for
payment in the fifth year (the deferred salary leave year) and subject to
applicable taxation as required by law.
(iii) All full time
and permanent part time employees are eligible to participate in the career
break scheme. Casual and temporary
employees are excluded from participation in career break scheme. If a permanent employee is placed into
another position by way of temporary engagement or secondment during the four
years when salary is being deferred, this will not of itself affect their
continued participation in the career break scheme.
(iv) Each public
health organisation will call for expressions of interest from employees
seeking to participate in the career break scheme once each calendar year. The
timing of the invitation of applications is to be determined by the public
health organisation but in any event will not be later than 30th June 2007 for
the initial commencement year.
(v) Each public
health organisation will determine the number of employees that may participate
in the career break scheme having regard to service delivery and staffing
levels and reserves the right to approve or not approve requests after
considering workforce needs. This will
be done in consultation with employees. The public health organisation will not
unreasonably refuse any application by an employee to participate in the career
break scheme.
(vi) For members of
the State Superannuation Scheme (SSS) the public health organisation will
maintain the participant’s employer contributions for the full five year period
at the rate applicable to a person earning full salary for each of the five
years. Any required personal
superannuation contributions of participants are payable at the rate applicable
to 100% of salary for each of the five years.
(vii) For members of
the State Authorities Superannuation Scheme (SASS) the public health
organisation will maintain the participant’s employer contributions for the
full five year period at the rate applicable to a person earning full salary
for each of the five years. Any
required personal superannuation contributions of participants are payable at
the rate applicable to their full salary for each of the five years.
(viii) For members of
other complying funds (eg First State Superannuation, HESTA, HIP) the public
health organisation will cease making employer contributions during the
deferred salary leave year. The
superable salary is deemed to be 100% of the participant’s normal salary (both
deferred and the remaining 80% paid) for each of the first four years, and
superannuation employer contributions are calculated on this basis. In the deferred salary leave year no
employer contributions to superannuation are payable for members of these
funds.
(ix) Employees will
continue to pay all personal employee superannuation contributions whilst
participating in the career break scheme. The amount of such employee
contributions is determined by the superannuation scheme/fund to which the
employee is contributing and personal contributions during the deferred salary
leave year are payable at the rate applicable to the employee’s full salary.
(x) In the deferred
salary leave year, salary packaging and payroll deductions will not be
available.
(xi) The five years
of the career break scheme will count as service for the accrual of long
service leave, sick leave, annual leave, salary increments and other statutory
entitlements. Any leave without pay taken by an employee whilst participating
in the career break scheme will not count for the purpose of accrual of any
leave. For the purpose of determining the leave accrued in the fifth year of
the career break scheme (i.e. the deferred salary leave year) for permanent
part-time employees, the average of all hours worked (excluding overtime) in
the first four years of the career break scheme and including paid leave taken
will be used for the basis of making this calculation.
(xii) If any leave
without pay is taken by an employee during the first four years of the career
break scheme, the commencement of the deferred salary leave year will be
postponed by the time the employee was absent from duty i.e. by the number of
days leave without pay taken by the employee.
(xiii) Employees are
entitled to take paid leave during the first four years of the career break
scheme, subject to normal approval processes at the public health organisation.
Whilst on any paid leave the employee will be paid in accordance with subclause
(ii) of this clause.
(xiv) Employees are
not entitled to take any form of leave during the deferred salary leave year,
with the exception of Maternity and Adoption leave.
In respect to Maternity or Adoption leave, if the
deferred salary year has not yet commenced, the employee may elect to postpone
the deferred salary leave year until after the completion of such leave (up to
52 weeks). If the employee elects not to postpone the deferred salary leave
year, they are entitled to a lump sum payment of their normal salary for the
period of paid maternity/adoption leave. The paid maternity/adoption leave does
not extend the deferred salary leave year.
(xv) There will be no
access to the deferred salary until the fifth year unless the employee chooses
to withdraw from the career break scheme.
(xvi) An employee may
elect to withdraw from the career break scheme at any time by giving reasonable
notice to the employer, and will be paid all monies in the trust account.
(xvii) It is the
responsibility of the employee participating in the career break scheme to
declare the interest earned on the deferred salary to the Taxation Office.
Normal government statutory charges attributed to an individual’s deferred
salary account will be paid by the employee.
(xviii) Subject to
approval by the public health organisation an employee may undertake outside
employment in the deferred salary leave year. During the deferred salary leave
year, employees are not permitted to undertake work in the NSW Health Service
in positions covered by the Award.
However, this does not prevent work in the NSW Health Service in another
position not covered by the Award.
(xix) Upon return to
work after the deferred salary leave year an employee will resume employment in
their substantive public health system entity position at the conclusion of
their participation in the career break scheme, being the anniversary date of
commencing the deferred salary leave year.
(xx) Employees are
advised to seek independent financial advice about participating in the career
break scheme and the effect on superannuation.
Comprehensive details regarding the operation of the career break will
be recorded in a written agreement between the employee and the employer, to be
signed prior to the commencement of the five year period.
(xxi) A review of the
operation of this clause will occur by a date agreed between the parties. That review will be undertaken by the
Department of Health and the Nurses’ Association and will consider any
recommendations to vary the Scheme.
57. Occupational
Health and Safety for Employees of Contractors and Labour Hire Businesses
(i) This clause
arises from the Secure Employment Test Case 2006. For the purposes of this
subclause, the following definitions shall apply:
(a) A "labour
hire business" is a business (whether an organisation, business
enterprise, company, partnership, co-operative, sole trader, family trust or
unit trust, corporation and/or person) which has as its business function, or
one of its business functions, to supply staff employed or engaged by it to
another employer for the purpose of such staff performing work or services for
that other employer.
(b) A "contract
business" is a business (whether an organisation, business enterprise,
company, partnership, co-operative, sole trader, family trust or unit trust,
corporation and/or person) which is contracted by another employer to provide a
specified service or services or to produce a specific outcome or result for
that other employer which might otherwise have been carried out by that other
employer’s own employees.
(ii) Any employer
which engages a labour hire business and/or a contract business to perform work
wholly or partially on the employer’s premises shall do the following (either
directly, or through the agency of the labour hire or contract business):
(a) consult with
employees of the labour hire business and/or contract business regarding the workplace occupational health
and safety consultative arrangements;
(b) provide
employees of the labour hire business and/or contract business with appropriate
occupational health and safety induction training including the appropriate
training required for such employees to perform their jobs safely;
(c) provide
employees of the labour hire business and/or contract business with appropriate
personal protective equipment and/or clothing and all safe work method
statements that they would otherwise supply to their own employees; and
(d) ensure employees
of the labour hire business and/or contract business are made aware of any
risks identified in the workplace and the procedures to control those risks.
(iii) Nothing in
this clause is intended to affect or detract from any obligation or
responsibility upon a labour hire business arising under the Occupational
Health and Safety Act 2000 or the Workplace Injury Management and
Workers Compensation Act 1998.
(iv) Disputes
regarding the application of this clause. Where a dispute arises as to the
application or implementation of this clause, the matter shall be dealt with
pursuant to the disputes settlement procedure of this award.
(v) This clause has
no application in respect of organisations which are properly registered as
Group Training Organisations under the Apprenticeship and Traineeship Act 2001
(or equivalent interstate legislation) and are deemed by the relevant State
Training Authority to comply with the national standards for Group Training
Organisations established by the ANTA Ministerial Council.
58. Commitments
During Term of This Award
(i) The Association
commits to continuing co-operation with and, where requested, participation in,
NSW Health efficiency and productivity improvement initiatives, including those
set out below:
(a) better demand
management though Medical Assessment Units, Community Service Packages, and
Community Acute/Post Acute Care;
(b) improved Severe
Chronic Disease Management (SCDM);
(c) implementation
of Electronic Medical Records, Electronic Medication Management, and
Computerised Physician Order Entry;
(d) enhanced Healthcare
Associated Infections (HAI) control;
(e) improved
clinical hand-over procedures;
(f) reduction in
medication errors;
(g) increased
utilisation of Telehealth, enabling rural and remote hospitals to access advice
and specialised skills to minimise treatment delays and reduce patient
transfers;
(h) improved
Nursing/Midwifery Unit Manager capabilities;
(i) improved Drug
& Alcohol Consultation liaison;
(j) improved
Management of Patient Deterioration;
(k) management of
ambulatory care sensitive conditions;
(l) implementing
the new rostering system, in particular co-operating in learning and applying
the new system; and
(m) continuation of
changes to ensure consistency in approach to skill mix and classifications,
including use of nurse practitioners, senior clinical nurses, enrolled nurses
and assistants in nursing. One of the
clinical areas to be reviewed to ensure appropriate skill mix is in operating
theatres.
(ii) The
Association commits to continuing co-operation with and, where requested by the
Department, participation in, the following safety and quality initiatives:
(a) better discharge
management planning to facilitate earlier discharges and other improved patient
flow strategies;
(b) trialling and/or
implementation of new models of care, such as Urgent Care Centres and the
Surgery Futures project, which includes establishment of high volume short stay
surgery centres and improved separation of emergency from planned surgery;
(c) operating
theatre redesign to move procedures not needing a full operating theatre
environment to procedure rooms and ambulatory care centres;
(d) implementation
of programs to facilitate rapid assessment of patients from residential aged
care facilities;
(e) the Pharmacy
Reform program, in particular the review of nursing roles in medication
management (including transition to home and general business processes) and
implementation of any recommended changes; and
(f) operationalising
Supervision for Safety principles within existing staffing.
(iii) This commitment
to co-operation is without prejudice to any claims the Association may make
subsequent to 30 June 2013 covering the period from 1 July 2009 with respect to
increased productivity, work value or special case factors arising from the
provisions described above, or any response by the Department to such claims.
(iv) In accordance
with the 18 September 2009 Decision of the Industrial Relations Commission of
New South Wales in Public Health System Nurses’ and Midwives’ (State) Award
[2009] NSWIRComm 129 ("the Nurses’ Night Shift Case") and
specifically paragraphs 99 and 100 of that Decision, the parties may continue
to progress and finalise matters as permitted and provided for by that
Decision.
(v) This clause
gives effect to the agreement reached in the Memorandum of Understanding
between the NSW Department of Health and the New South Wales Nurses’
Association for the period 1 July 2008 to 30 June 2010, that employees covered
by this Award do not have access to the appeal processes or remedies available
under the Industrial Relations Amendment (Public Sector Appeals) Act 2010.
(vi) The parties
agree that negotiations for a successor agreement between the parties will
commence four months prior to the expiry of the Memorandum of Understanding
between the parties dated 22 February 2011.
59. Area, Incidence
and Duration
(i) This Award
rescinds and replaces the Public Health System Nurses’ and Midwives’ (State)
Award 2008 published 31 October 2008 (366 I.G. 1000) and all variations
thereof.
(ii) This Award
shall apply to persons engaged in the industry of nursing.
(iii) Industry of
nursing means the industry of persons engaged in New South Wales in the
profession or occupation of nursing including midwifery and employed in or in
connection with the New South Wales Health Service as defined in section 115 of
the Health Services Act 1997or its successors, assignees or
transmittees.
(iv) This Award
shall take effect from 23 February 2011 and shall remain in force thereafter
until 30 June 2013.
Part B
MONETARY RATES
Table 1 Salaries
Classification
|
FFPP
|
FFPP
|
FFPP
|
|
1/07/2010
|
1/07/2011
|
1/07/2012
|
|
3.9%
|
3%
|
2.5%
|
Assistant in Nursing/Midwifery
|
|
|
|
1st year
|
707.60
|
728.80
|
747.00
|
2nd year
|
730.00
|
751.90
|
770.70
|
3rd year
|
753.00
|
775.60
|
795.00
|
4th year and Thereafter
|
776.30
|
799.60
|
819.60
|
|
|
|
|
Trainee Enrolled Nurse
|
|
|
|
1st year
|
707.60
|
728.80
|
747.00
|
2nd year
|
730.00
|
751.90
|
770.70
|
3rd year
|
753.00
|
775.60
|
795.00
|
4th year and Thereafter
|
776.30
|
799.60
|
819.60
|
|
|
|
|
Enrolled Nurse without
|
|
|
|
medication qualification
|
|
|
|
1st year
|
868.20
|
894.20
|
916.60
|
2nd year
|
887.40
|
914.00
|
936.90
|
3rd year
|
906.40
|
933.60
|
956.90
|
4th year
|
925.50
|
953.30
|
977.10
|
5th year and Thereafter
|
945.00
|
973.40
|
997.70
|
Special Grade
|
974.40
|
1003.60
|
1028.70
|
|
|
|
|
Enrolled Nurse
|
|
|
|
1st year
|
887.40
|
914.00
|
936.90
|
2nd year
|
906.40
|
933.60
|
956.90
|
3rd year
|
925.50
|
953.30
|
977.10
|
4th year
|
945.00
|
973.40
|
997.70
|
5th year and Thereafter
|
964.30
|
993.20
|
1018.00
|
Special Grade
|
993.90
|
1023.70
|
1049.30
|
|
|
|
|
Nurse undergoing pre-registration training
|
|
|
|
otherwise than as a student nurse
|
848.90
|
874.40
|
896.30
|
|
|
|
|
Registered Nurse/Midwife
|
|
|
|
1st year
|
984.50
|
1014.00
|
1039.40
|
2nd year
|
1038.10
|
1069.20
|
1095.90
|
3rd year
|
1091.60
|
1124.30
|
1152.40
|
4th year
|
1149.10
|
1183.60
|
1213.20
|
5th year
|
1206.10
|
1242.30
|
1273.40
|
6th year
|
1262.90
|
1300.80
|
1333.30
|
7th year
|
1327.90
|
1367.70
|
1401.90
|
8th year and Thereafter
|
1382.50
|
1424.00
|
1459.60
|
|
|
|
|
Clinical Nurse/Midwifery Specialist
|
|
|
|
Grade 1, Year 1 and Thereafter
|
1438.70
|
1481.90
|
1518.90
|
Grade 2, Year 1
|
1545.50
|
1591.90
|
1631.70
|
Grade 2, Year 2 and Thereafter
|
1596.10
|
1644.00
|
1685.10
|
|
|
|
|
Clinical Nurse/Midwife Educator
|
|
|
|
Year 1
|
1496.90
|
1541.80
|
1580.30
|
Year 2 and Thereafter
|
1545.50
|
1591.90
|
1631.70
|
|
|
|
|
Nurse/Midwife Educator
|
|
|
|
Grade 1, Year 1
|
1681.40
|
1731.80
|
1775.10
|
Grade 1, Year 2 and Thereafter
|
1729.40
|
1781.30
|
1825.80
|
4th year as at 1/7/08
|
1769.10
|
1822.20
|
1867.80
|
Grade 2, Year 1
|
1799.80
|
1853.80
|
1900.10
|
Grade 2, Year 2 and Thereafter
|
1835.40
|
1890.50
|
1937.80
|
Grade 3, Year 1
|
1905.90
|
1963.10
|
2012.20
|
Grade 3, Year 2 and Thereafter
|
1941.40
|
1999.60
|
2049.60
|
|
|
|
|
Nursing/Midwifery Unit Manager
|
|
|
|
Level I
|
1734.30
|
1786.30
|
1831.00
|
Level II
|
1816.60
|
1871.10
|
1917.90
|
Level III
|
1865.50
|
1921.50
|
1969.50
|
Clinical Nurse/Midwife Consultant
|
|
|
|
(appointed prior to 31/12/99)
|
1769.10
|
1822.20
|
1867.80
|
|
|
|
|
Clinical Nurse/Midwife Consultant
|
|
|
|
Grade 1
|
|
|
|
1st year
|
1729.40
|
1781.30
|
1825.80
|
2nd year and Thereafter
|
1764.80
|
1817.70
|
1863.10
|
|
|
|
|
Clinical Nurse/Midwife Consultant
|
|
|
|
Grade 2
|
|
|
|
1st year
|
1799.80
|
1853.80
|
1900.10
|
2nd year and Thereafter
|
1835.40
|
1890.50
|
1937.80
|
|
|
|
|
Clinical Nurse/Midwife Consultant
|
|
|
|
Grade 3
|
|
|
|
1st year
|
1905.90
|
1963.10
|
2012.20
|
2nd year and Thereafter
|
1941.40
|
1999.60
|
2049.60
|
|
|
|
|
Mothercraft Nurse
|
|
|
|
1st year
|
933.50
|
961.50
|
985.50
|
2nd year
|
963.30
|
992.20
|
1017.00
|
3rd year
|
998.00
|
1027.90
|
1053.60
|
4th year
|
1031.60
|
1062.50
|
1089.10
|
5th year
|
1065.60
|
1097.60
|
1125.00
|
6th year
|
1101.00
|
1134.00
|
1162.40
|
7th year
|
1124.40
|
1158.10
|
1187.10
|
8th year
|
1149.30
|
1183.80
|
1213.40
|
9th year and Thereafter
|
1173.20
|
1208.40
|
1238.60
|
Mothercraft Nurses employed after
|
|
|
|
31st December, 1988 will be
|
|
|
|
classified and paid as Enrolled
|
|
|
|
Nurses.
|
|
|
|
|
|
|
|
Residential Care Nurses
|
|
|
|
1st year
|
847.10
|
872.50
|
894.30
|
2nd year
|
864.00
|
889.90
|
912.10
|
3rd year
|
881.10
|
907.50
|
930.20
|
4th year
|
901.20
|
928.20
|
951.40
|
5th and Thereafter
|
917.90
|
945.40
|
969.00
|
|
|
|
|
Nurse/Midwife Practitioners
|
|
|
|
1st year
|
1905.90
|
1963.10
|
2012.20
|
2nd year
|
1941.40
|
1999.60
|
2049.60
|
3rd year
|
1990.90
|
2050.60
|
2101.90
|
4th year and Thereafter
|
2040.80
|
2102.00
|
2154.60
|
|
|
|
|
Nurse/Midwife Managers
|
|
|
|
Grade 1 - 1st year
|
1729.40
|
1781.30
|
1825.80
|
Grade 1 - 2nd year and Thereafter
|
1764.80
|
1817.70
|
1863.10
|
Grade 2 - 1st year
|
1799.80
|
1853.80
|
1900.10
|
Grade 2 - 2nd year and Thereafter
|
1835.40
|
1890.50
|
1937.80
|
Grade 3 - 1st year
|
1905.90
|
1963.10
|
2012.20
|
Grade 3 - 2nd year and Thereafter
|
1941.40
|
1999.60
|
2049.60
|
Grade 4 - 1st year
|
2011.90
|
2072.30
|
2124.10
|
Grade 4 - 2nd year and Thereafter
|
2047.10
|
2108.50
|
2161.20
|
Grade 5 - 1st year
|
2117.40
|
2180.90
|
2235.40
|
Grade 5 - 2nd year and Thereafter
|
2153.20
|
2217.80
|
2273.20
|
Grade 6 - 1st year
|
2223.70
|
2290.40
|
2347.70
|
Grade 6 - 2nd year and Thereafter
|
2259.20
|
2327.00
|
2385.20
|
Grade 7 - 1st year
|
2399.90
|
2471.90
|
2533.70
|
Grade 7 - 2nd year and Thereafter
|
2435.60
|
2508.70
|
2571.40
|
Grade 8 - 1st year
|
2576.70
|
2654.00
|
2720.40
|
Grade 8 - 2nd year and Thereafter
|
2611.80
|
2690.20
|
2757.50
|
Grade 9 - 1st year
|
2752.90
|
2835.50
|
2906.40
|
Grade 9 - 2nd year and Thereafter
|
2788.40
|
2872.10
|
2943.90
|
|
|
|
|
Table 2 - Other Rates and Allowances
Item
|
Award
|
Allowance
|
FFPP
|
FFPP
|
FFPP
|
No.
|
Clause
|
|
1/07/2010
|
1/07/2011
|
1/07/2012
|
|
|
|
$
|
$
|
$
|
1
|
12(i)(a)
|
Registered Nurse in charge of hospital
|
|
|
|
|
|
(per shift)
|
28.10
|
28.99
|
29.72
|
2
|
12(ii)(a)
|
On Call Allowance (per hour)
|
3.08
|
3.17
|
3.25
|
2
|
12(ii)(a)
|
On Call Allowance minimum payment
|
24.60
|
25.34
|
25.98
|
3
|
12(ii)(b)
|
On Call Allowance on rostered day off (per
|
6.15
|
6.34
|
6.49
|
|
|
hour)
|
|
|
|
3
|
12(ii)(b)
|
On Call Allowance on RDO minimum
|
49.21
|
50.68
|
51.95
|
|
|
payment
|
|
|
|
4
|
12(ii)(c)
|
On Call Allowance
during meal break (per
|
12.11
|
12.48
|
12.79
|
|
|
break)
|
|
|
|
|
|
Radiographic Allowance
|
|
|
|
5
|
12(iii)(a)
|
Director of Nursing (per week)
|
34.33
|
35.36
|
36.24
|
6
|
12(iii)(c)
|
Employee in absence of Director of
|
|
|
|
|
|
Nursing (per day)
|
6.87
|
7.07
|
7.25
|
6
|
12(iii)(c)
|
Maximum payment of (per week)
|
34.33
|
35.36
|
36.24
|
7
|
12(iv)
|
Employee wearing lead apron (per hour)
|
1.70
|
1.76
|
1.80
|
8
|
12(v)(a)&(b)
|
Registered Nurse in charge of ward
|
|
|
|
|
|
(per shift)
|
28.15
|
28.99
|
29.72
|
9
|
12(vi)
|
Registered Nurse in charge of ward and also
|
|
|
|
|
|
in charge of hospital of less 100 beds
|
42.22
|
43.49
|
44.58
|
|
|
(per shift)
|
|
|
|
9
|
12 (ix)
|
Registered Nurse in charge of hospital over
|
53.98
|
55.60
|
56.99
|
(b)
|
|
100 beds (per shift)
|
|
|
|
10
|
14(i)
|
Climatic Allowance (per week)
|
3.60
|
3.60
|
3.60
|
10
|
14(ii)
|
Isolation Allowance (per week)
|
7.09
|
7.09
|
7.09
|
11
|
17(i)
|
Special Rates Tibooburra/Ivanhoe Hospitals
|
31.81
|
31.81
|
31.81
|
|
|
Registered Nurse (per week)
|
|
|
|
11
|
17(i)
|
Special Rates Tibooburra/Ivanhoe Hospitals
|
|
|
|
|
|
Enrolled Nurse/Assistant in Nursing (per
|
13.86
|
13.86
|
13.86
|
|
|
week)
|
|
|
|
11a.
|
17(iii)
|
Justice Health Service Environment
|
2,439
|
2,543
|
Awaiting
|
|
|
Allowance (per annum)
|
|
|
SWC
|
|
|
|
|
|
2011
|
11b.
|
17(iv)
|
Justice Health Service Productivity
|
|
|
|
|
|
Allowance
|
60.86
|
62.69
|
64.26
|
|
|
(per week)
|
|
|
|
12
|
20(iv)(b)
|
Excess Fares (per day)
|
5.20
|
5.20
|
5.20
|
|
|
Uniform and Laundry Allowance
|
|
|
|
13
|
23(iii)(a)
|
Uniform (per week)
|
6.46
|
To be adjusted by
|
|
|
|
|
CPI
|
13
|
23(iii)(a)
|
Shoes (per week)
|
2.00
|
|
13
|
23(iii)(a)
|
Uniform (including shoes allowance) (per
|
8.46
|
|
|
|
week)
|
|
|
13
|
23(iii)(a)
|
Cardigan or Jacket (per week)
|
1.94
|
|
13
|
23(iii)(b)
|
Stockings (per week)
|
3.35
|
NA
|
NA
|
13
|
23(iii)(c)
|
Socks (per week)
|
0.67
|
NA
|
NA
|
14
|
23(iv)
|
Laundry (per week)
|
5.38
|
To be adjusted by
|
|
|
|
|
CPI
|
|
|
Accommodation and Board Deductions
|
|
|
|
15
|
38(iii)(a)
|
Separate bedroom (per week)
|
58.94
|
60.71
|
62.23
|
15
|
38(iii)(b)
|
Self contained flat (per week)
|
71.82
|
73.97
|
75.82
|
16
|
38(iv)
|
Deduction for meals (full board) (per week)
|
127.24
|
131.05
|
134.33
|
17
|
38(v)(b)
|
Breakfast (per meal)
|
4.30
|
4.43
|
4.54
|
17
|
38(v)(b)
|
Other Meals (per meal)
|
7.83
|
8.07
|
8.27
|
|
|
|
|
|
|
18
|
12(viii)
|
Enrolled Nurse employed in the CSSD of a
|
|
|
|
|
|
hospital
|
13.34
|
13.74
|
14.08
|
|
|
and in possession of a Sterilising Technology
|
|
|
|
|
|
Certificate issued by the Sterilising Research
|
|
|
|
|
|
and
|
|
|
|
|
|
Advisory Council of Australia (pw)
|
|
|
|
19
|
17(v)
|
Industry Allowance, Flight Nurses,
|
13.62
|
14.03
|
14.38
|
|
|
Ambulance
|
|
|
|
|
|
Service (per week)
|
|
|
|
|
|
Continuing Education Allowance
|
|
|
|
20
|
13(ii)
|
Hospital Post Registration Certificate (per
|
32.00
|
33.00
|
34.00
|
|
|
week)
|
|
|
|
21
|
13(iii)
|
Post Graduate Certificate (per week)
|
32.00
|
33.00
|
34.00
|
22
|
13(iv)&(x)
|
Post Graduate Diploma or Degree (per week)
|
49.00
|
50.50
|
52.00
|
23
|
13(v)&(x)
|
Masters Degree or Doctorate (per week)
|
59.00
|
61.00
|
62.50
|
24
|
13(vii)
|
Enrolled Nurse Certificate 4 (per week)
|
24.50
|
25.00
|
26.00
|
25
|
13(viii)
|
Enrolled Nurse Advanced Diploma of
|
29.00
|
30.00
|
31.00
|
|
|
Nursing (per
|
|
|
|
|
|
week)
|
|
|
|
SCHEDULE 1
NURSE/MIDWIFE
MANAGERS
A registered nurse/midwife who:
Grade 1
(a) participates in
the management of the nursing service as the Deputy Nurse Manager in a small
health facility or hospital and is responsible to an on-site Nurse Manager;
(b) supervises the
nursing services in a small health facility or hospital on evenings, nights
and/or weekends (where such a position exists as a separate and substantive
position).
Grade 2
(a) supervises the
nursing services in a health facility or hospital greater than 100 ADA on
evenings, nights and/or weekends;
(b) participates in
the management of the nursing service of a small health facility or hospital as
the Deputy Nurse Manager, and is responsible to a nurse manager who has
responsibility for the management of two or more hospitals;
(c) co-ordinates and
manages a function, service or section (including a ward and/or unit or
community nursing service) within a health facility or hospital.
Grade 3
(a) co-ordinates and
manages a nurse education service of a hospital or group of hospitals or health
facility, supervising at least one other nurse educator (provided that the
requirement to be responsible for one or more nurse educators shall not apply
in the case of an employee who is regarded by his or her employer as a resource
person for other nurse educators or who is a sole educator for that nurse
education service);
(b) participates in
the management of nursing services as the Deputy Nurse Manager in a
medium-sized health facility or hospital (other than a tertiary referral
teaching hospital);
(c) is responsible
for the management of nursing services in a small health facility or hospital;
(d) is the on-site
executive officer in addition to responsibility for the management of nursing
services in a facility or hospital generally not exceeding 10 ADA.
(e) co-ordinates and
manages a complex function, service or section (including a large and/or
complex ward and/or unit or community nursing service) within a health facility
or hospital.
Grade 4
(a) participates in
the management of nursing services as the Deputy Nurse Manager in a complex
hospital (other than a tertiary referral teaching hospital);
(b) is responsible
for the overall management of nursing services across a group of small
hospitals or facilities or health services;
(c) co-ordinates and
manages a hospital wide function or service in a tertiary referral teaching
hospital.
Grade 5
(a) is responsible
for nursing operations in a major clinical division (for example, surgery or
medicine) of a teaching hospital (other than a tertiary referral teaching
hospital);
(b) co-ordinates and
manages a complex nurse education function;
(c) is the on-site
executive officer in addition to responsibility for the management of nursing
services in a facility or hospital (or group) generally greater than 10 ADA and
generally not exceeding 30 ADA.
(d) is responsible
for management of nursing services in a medium sized health facility or
hospital.
Grade 6
(a) is the on-site
executive officer in addition to responsibility for the management of nursing
services in a facility or hospital (or group) generally greater than 30 ADA and
generally not exceeding 75 ADA.
(b) is responsible
for the management of nurse education in a Local Health Network 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 a Local Health Network 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 Local Health Network ;
(b) is responsible
for the nursing services in a major teaching hospital providing tertiary
referral services.
CORE KNOWLEDGE AND
SKILLS
GROUP
|
Leadership
|
Communication
|
Knowledge
|
Performance
|
Planning
|
Resource
|
|
|
|
|
Management
|
|
Management
|
Grade 1
|
Ability to provide
|
Ability to represent
|
Ability to utilise and
|
Ability to assess the
|
Ability to set goals,
|
Ability to effectively
|
|
leadership as a
|
nurses and consult
|
share knowledge and
|
competence of staff,
|
formulate and
|
allocate and manage
|
|
resource person and
|
with staff and other
|
skills relating to
|
and identify strengths
|
implement plans to
|
nursing resources
|
|
role model in the
|
health professionals
|
nursing practice.
|
and limitations.
|
achieve identified
|
and set nursing
|
|
clinical setting and
|
appropriately.
|
Ability to contribute
|
Ability to facilitate
|
outcomes. Ability to
|
priorities.
|
|
in professional
|
Ability to identify to
|
to and utilise
|
professional
|
contribute to the
|
|
|
relationships and
|
and mediate potential
|
research.
|
development of staff.
|
implementation of
|
|
|
act as a mentor for
|
and actual conflict
|
|
Ability to facilitate
|
organisational
|
|
|
less experienced
|
between individuals.
|
|
activities which
|
change.
|
|
|
staff.
|
|
|
enhance the
|
|
|
|
|
|
|
practice of staff.
|
|
|
Grade 2
|
Ability to lead the
|
|
Ability to acquire and
|
|
Ability to contribute
|
Ability to develop,
|
|
development of policy
|
|
utilise a sound and
|
|
to an operational
|
monitor and evaluate
|
|
relating to nursing
|
|
contemporary
|
|
plan for the nursing
|
nursing resource
|
|
practice and provide
|
|
knowledge of nursing
|
|
service and
|
allocation.
|
|
leadership through
|
|
professional and
|
|
coordinate the
|
|
|
direction and support
|
|
management issues.
|
|
process of
|
|
|
to staff.
|
|
|
|
organisational
|
|
Grade 3
|
Ability to develop
|
Ability to utilise
|
Ability to facilitate
|
Ability to undertake
|
Ability to develop
|
Ability to develop a
|
|
leadership and
|
a broad range of
|
the acquisition of
|
planning for and
|
an operational
|
staffing profile
|
|
management
|
communication skills
|
knowledge by
|
monitor performance
|
plan for the nursing
|
appropriate to service
|
|
potential in staff.
|
selectively in a
|
individuals and
|
in areas of
|
service.
|
needs. Ability to
|
|
Ability to identify the
|
variety of settings.
|
groups.
|
responsibility for both
|
|
develop nursing
|
|
need for and initiate
|
|
|
individuals and teams.
|
|
service budget within
|
|
the development of
|
|
|
Ability to undertake a
|
|
prescribed parameters.
|
|
policy relating to the
|
|
|
range of performance
|
|
|
|
nursing service.
|
|
|
management activities
|
|
|
|
|
|
|
appropriately.
|
|
|
|
|
|
|
|
|
|
Grade 4
|
Ability to evaluate
|
Ability to represent
|
Ability to acquire
|
Ability to develop
|
Ability to coordinate
|
Ability to identify
|
|
|
and adjust policy.
|
the nursing service
|
and utilise a sound
|
performance
|
planning across a
|
nursing and/or health
|
|
|
|
inside and outside the
|
and contemporary
|
assessment indicators
|
range of services.
|
service budget
|
|
|
|
organisation at a local
|
knowledge of health
|
and skill development
|
Ability to manage the
|
requirements and
|
|
|
|
level. Ability to
|
management and
|
tools.
|
process of
|
negotiate for funding
|
|
|
|
identify and mediate
|
organisational issues.
|
|
organisational
|
allocation.
|
|
|
|
potential and actual
|
Ability to foster
|
|
change, evaluate the
|
|
|
|
|
conflict between
|
quality research
|
|
outcome and adjust
|
|
|
|
|
groups.
|
activities.
|
|
direction.
|
|
|
Grade 5
|
Ability to develop
|
Ability to manage
|
Ability to identify,
|
Ability to coordinate
|
Ability to contribute
|
|
|
an environment which
|
media relations
|
evaluate and
|
performance
|
to a strategic plan
|
|
|
promotes continuous
|
related to local issues
|
incorporate where
|
management
|
for the nursing
|
|
|
improvement in
|
within a policy
|
appropriate emerging
|
activities within a
|
service.
|
|
|
practice.
|
framework. Ability
|
trends within the
|
range of services.
|
|
|
|
|
to represent the
|
profession of nursing.
|
|
|
|
|
|
organisation
|
|
|
|
|
|
|
at a local level.
|
|
|
|
|
Grade 6
|
Ability to develop
|
|
|
Ability to monitor and
|
Ability to develop a
|
Ability to assess
|
|
a culture within the
|
|
|
evaluate performance
|
strategic plan for the
|
nursing and/or health
|
|
organisation which is
|
|
|
management across the
|
nursing service and
|
service resource
|
|
open to critical
|
|
|
organisation and
|
contribute to the
|
utilisation and make
|
|
reflection and change.
|
|
|
identify opportunities
|
development of a
|
recommendations.
|
|
|
|
|
to realise enhanced
|
strategic plan for
|
|
|
|
|
|
performance.
|
the organisation.
|
|
Grade 7
|
|
Ability to represent
|
Ability to identify,
|
Ability to enhance
|
|
|
|
|
the nursing service
|
evaluate and
|
organisational
|
|
|
|
|
in a range of forums
|
incorporate where
|
performance through
|
|
|
|
|
including State and
|
appropriate emerging
|
collaboration with
|
|
|
|
|
National.
|
trends within health
|
other health facilities.
|
|
|
|
|
|
care.
|
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Grade 8
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Ability to vision
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Ability to represent
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Ability to identify,
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Ability to generate
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and articulate the
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the organisation at
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evaluate and
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and develop a
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potential for the
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a State and National
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incorporate where
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strategic plan
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organisation.
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level.
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appropriate emerging
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for the
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trends within the
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organisation.
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broader service and
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business industry
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which have the
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potential to enhance
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nursing and/or health
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services.
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Grade 9
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Ability to contribute
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Ability to negotiate
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Ability to enhance
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Ability to analyse
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Ability to identify
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to and influence
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on behalf of the
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organisational
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the strategic plan
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additional funding
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emerging trends within
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organisation.
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performance through
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of the organisation
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sources and negotiate
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nursing and health.
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collaboration with
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for continuing
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funding as required.
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other organisations
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relevance and adjust
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both within and outside
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direction. Ability to
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the area of health.
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contribute to a
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strategic plan for
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health care in a range
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of forums including
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at a State and
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National level.
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Represents core knowledge and skills. Each grade represents
a higher level of function than those beneath. An assumption is made that those
at Grade 8 (for example) will already have the knowledge and skills outlined in
Grades 1-7.