Hospital
Scientists (State) Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Health
Services Union, Industrial Organisation of Employees.
(No. IRC 2111 of 2008)
Before Commissioner
McLeay
|
12 November 2008
|
AWARD
PART A
Clause No. Subject Matter
1. Definitions
2. Salaries
3. Grading
Employees
4. Hours
5. Shift Work
and Weekend Work
6. Rostering
Hours
7. On-Call
8. Permanent
Part-Time and Part-Time Employees
9. Overtime
10. Meals
11. Higher
Duties
12. Public
holidays
13. Annual
Leave
14. Long
Service Leave
15. Sick Leave
16. Payment and
Particulars of Salary
17. Termination
of Employment
18. Accommodation
and Amenities
19. Inspection
of Lockers of Employees
20. Uniform and
Laundry Allowance
21. Climatic
and Isolation Allowance
22. Notice
Boards
23. Union
Representative
24. Exemptions
25. Blood
Counts
26. Settlement
of Disputes
27. Anti-Discrimination
28. Travelling
Allowance
29. General
Conditions
30. Promotions
and Appointments
31. Board and
Lodgings
32. Maternity,
Adoption & Parental Leave
33. Redundancy-Managing
Displaced Employees
34. Family and
Community Services Leave and Personal/Carer’s Leave
35. Mobility,
Excess Fares and Travelling
36. Labour
Flexibility
37. Salary
Packaging
38. Reasonable
Hours
39. Salary
Sacrifice to Superannuation
40. Area,
Incidence and Duration
PART B
Table 1 - Allowances
1. Definitions
Unless the context otherwise indicates or requires the
several expressions hereunder defined shall have their respective meaning
assigned to them:
"ADA" means the daily average of occupied beds
adjusted by counting each 700 registered outpatients as one occupied bed. The average shall be taken for the twelve
months for the year ending 30 June in each and every year and such average
shall relate to the salary for the succeeding year.
"Day Worker" means a worker who works ordinary
hours from Monday to Friday inclusive and who commences work on such days at or
after 6:00 am and before 10 am otherwise than as part of a shift system.
"Director/Deputy Director" means an employee
appointed as Head of a Department or as second in-charge of a Department,
provided that such a position is approved as such by the employer.
"Director of Public Employment" means the position
of that name established under Chapter 6 of the Public Sector Employment and
Management Act 2002.
"Director-General" means the Director-General of
the Department of Health.
"Employee" means a Hospital Scientist, Senior
Hospital Scientist, Principal Hospital Scientist, or Trainee Hospital Scientist
as defined.
"Employer" means the Director-General exercising
employer functions on behalf of the Government of New South Wales (and includes
a delegate of the Director-General).
"Health Service" means an Area Health Service
constituted under section 8 of the Health Services Act 1997, a Statutory
Health Corporation constituted under section 11 of that Act, and an Affiliated
Health Organisation constituted under section 13 of that Act.
"Hospital" means a public hospital as defined
under s.15 of the Health Services Act 1997
"Hospital Scientist" means an employee who has
acquired the Diploma in Medical Technology of the Australian Institute of
Medical Technologists (before 1974) or who has obtained a degree in science
from an approved university or college of advanced education requiring a
minimum of three years full-time study or such qualifications as the employer
deems equivalent.
"Principal Hospital Scientist" means a Hospital
Scientist who has been appointed as such and holds a post graduate degree in
science at least equivalent to the degree of Master of Science of an approved
university, or such other qualifications deemed by the employer to be
equivalent and who has had not less than ten years post graduate experience in
an appropriate scientific field.
"Senior Hospital Scientist" means an employee who
is engaged in scientific work of a professional nature in a public hospital
laboratory who holds a degree in science from an approved University or a
college of advanced education or such other qualifications deemed by the
employer to be appropriate who -
(a) has been
appointed to a position in charge of a section of a laboratory; or
(b) has been
approved by the employer for appointment on the recommendation of the
Credentials Committee.
"Senior or Chief Hospital Scientist" means an
employee who is engaged in scientific work of a professional nature in a public
hospital laboratory who holds a degree in science from an approved University
or a college of advanced education or such other qualifications deemed by the
employer to be appropriate who -
(a) has been
appointed to a position in charge of a laboratory; or
(b) has been
approved by the employer for appointment on the recommendation of the
Credentials Committee.
"Shift Worker" means a worker who is not a
day worker as defined.
"Service" means service before and/or after
the commencement of this award in any one or more hospitals as defined under
s.15 of the Health Services Act 1997, or any other hospital deemed
acceptable by the employer.
"Trainee Hospital Scientist" means an
employee appointed as such who is undertaking a part-time degree course in
science at an approved University or a College of Advanced Education and is
engaged in work related to the profession for which he or she is qualifying.
"Union" means the Health Services Union.
2. Salaries
Salaries for Hospital Scientists, as defined herein, shall
be as set out in the Health Professional and Medical Salaries (State)
Award.
3. Grading of
Employees
(i) Grades: Every employee other than Trainee Hospital
Scientist shall be classified in one of the grades of Hospital Scientist,
Chief/Senior Hospital Scientist, or Principal Hospital Scientist as provided
hereunder.
(ii) Years of
Scale-
(a) Within each
grade employees shall, at all times be classified not lower than the year of
scale corresponding to the minimum described hereunder for their respective
qualifications and/or duties advanced by:
(1) At least one
year of scale for each completed year of service in that grade and hospital;
and
(2) At least one
further year of scale for each completed year of service in the same branch of
science in that grade in any other hospital or hospitals.
(b) In determining
an employee's classification due allowance also shall be made for any post
graduate experience.
(iii) Hospital
Scientists who hold or are qualified to hold a degree, diploma or other
qualification, as shown hereunder shall not be classified below the respective
year of scale in this grade, as follows, with advancement as provided for in
subclause (ii) of this clause.
Bachelor's Degree (3 year course) - 1st year;
Bachelor's Degree with Honours (3 year course);
Bachelor's degree (4 year course) - 2nd year.
Bachelor's Degree with Honours (4 year course); diploma
or Bachelor's degree with at least two years experience concurrent with or
after the last two years of the course, - 3rd year.
Master's Degree - 4th year;
Fellow of the Institute of Physics, and/or Fellow of
the Australian Institute of Physics, Degree of Doctor of Philosophy - 6th year.
provided such degree with honours or such Master's
Degree has been obtained in a subject relevant to the branch of science in
which the employee is engaged.
(iv) Credentials
Committee. A committee consisting of
two representatives of the employer and two representatives of the Union shall
be constituted to consider and recommend to the employer upon application by
the Union or the relevant Health Service.
(a) The appointment
of a new employee as a Senior Hospital Scientist (other than a Senior Hospital
Scientist in charge of a laboratory or a section of a laboratory), or a
Principal Hospital Scientist.
(b) The promotion of
an employee from Hospital Scientist to Senior Hospital Scientist.
(c) The promotion of
an employee from Senior Hospital Scientist to Principal Hospital Scientist.
4. Hours
(i) The ordinary
hours of work for day workers, exclusive of meal times, shall be 152 hours per
28 calendar days to be worked from Monday to Friday inclusive and to commence on
such days at or after 6 am and before 10 am.
(ii) The ordinary
hours of work for shift workers exclusive of meal times, shall not exceed an
average of 38 hours per week in each roster cycle.
(iii) Each day
worker shall be free from duty for not less than two full days in each week and
each shift worker shall be free from duty for not less than two full days in
each week or four full days in each fortnight.
Where practicable such days off duty shall be consecutive.
(iv)
(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 days
each employee shall not work his or her ordinary hours of work on more than
nineteen days in the cycle. The hours
worked on each of those days shall be arranged to include a proportion of one
hour (in the case of employees working shifts of eight hours duration the
proportion of 0.4 of an hour) which shall accumulate towards the employee's
allocate day off duty on pay, as the twentieth working day of the cycle.
(b) Notwithstanding
the provisions of paragraph (a) of this subclause, employees who were, as at
the 30th June, 1984, working shifts of less than eight hours duration may:
(1) continue to work
their existing hours each 28 days but spread over 19 days, or
(2) with the
agreement of the hospital, continue to work shifts of the same duration over 20
days in each cycle of 28 days.
(v) The employee's
allocated day off duty prescribed in subclause (iv) of this clause shall be
determined by mutual agreement between the employee and the employer having
regards to the needs of the employer. Where practicable such allocated day off
duty shall be consecutive with the days off duty prescribed by subclause (iii)
of this clause.
(vi) Once set the
allocated day off duty may not be changed in a current cycle unless there are
genuine unforeseen circumstances prevailing.
Where such circumstances exist and the allocated day 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) Where the
employer and the Union agree that exceptional circumstances exist in a
particular Health Service, an employee’s allocated days off duty prescribed by
subclause (iv) of this clause may, with the agreement of the employee
concerned, accumulate and be taken at a time mutually agreed between the
employee and the employer. Provided
that the maximum number of days off duty which may accumulate under this
subclause shall be three.
(viii) There shall be
no accrual of 0.4 of an hour for each day of ordinary annual leave taken in
accordance with subclause (i) of Clause 13, Annual Leave, of this award. However where an employee has accumulated
sufficient time to take his/her allocated day off duty prior to entering on
annual leave, and that day would have been taken if the employee had not gone
on annual leave, it shall be allowed to the employee on the first working day
immediately following the period of leave.
Where an employee has not accumulated sufficient time
for an allocated day off duty prior to entering on annual leave, time in credit
shall count towards taking the next allocated day off duty falling in sequence
after the employee's return to duty.
(ix) An employee
entitled to allocated days off duty in accordance with subclause (iv) of this
clause shall continue to accumulate credit towards his/her allocated day off
duty whilst on sick leave. Where an
employee's allocated day off duty falls during a period of sick leave the
employee's available sick leave shall not be debited for that day.
(x) Where an
employee's allocated day off duty falls due during a period of worker's
compensation, the employee, on returning to duty, shall be given the next
allocated day off duty in sequence irrespective of whether sufficient credits
have been accumulated or not.
(xi) Where an
employee's allocated day off duty falls on a public holiday as prescribed by
Clause 12 - Public Holidays of this award, the next working day shall be taken
in lieu thereof.
(xii) Except for one
meal break each day all time worked between the normal starting and ceasing
time each day shall be at the ordinary rates of pay.
(xiii) There shall be
one tea break of twenty minutes duration.
This is additional to the meal break provided for in subclause (xii) of
this Clause.
(xiv) There shall be a
minimum break of eight (8) hours between ordinary rostered shifts.
5. Shift Work and Weekend Work
(i) Subject to the
provisions of this clause, employees may be employed on shift work.
(ii) The ordinary
hours of shift workers shall be worked on not more than five days per week and
shall not exceed 152 hours per 28 calendar days.
(iii) As far as
practicable, no employee shall be obliged to work shift work against his/her
wishes.
(iv) Senior Hospital
Scientists and Principal Hospital Scientists shall not be required to work
shift work against their wishes.
(v) Before shift
work is introduced into any section or department of a Health Service, the
proposals relating thereto shall be conveyed to the Union and an opportunity
given to discuss such proposals with representatives of the Health Service
concerned and the employer.
(vi) Any disputes
arising out of the introduction of new shift systems shall be referred to a
committee consisting not more than six members with equal representatives of
the employer and the Union.
In the event of no unanimous decision being arrived at,
the matter in dispute may be notified to the Industrial Registrar for the
consideration of the Public Health Employees (State) Industrial Committee or
the Industrial Relations Commission of New South Wales.
(vii) Work performed
by shift workers working during ordinary hours shall be paid at the following
rates:
(a) on Mondays to
Fridays between 8:30 am and 9:00 pm at ordinary time rate of pay.
(b) On Mondays to
Fridays before 8:30 am and after 9:00 pm at the rate of time and a half.
(c) On Saturdays at
the rate of time and a half.
(d) On Sundays at
the rate of time and three quarters.
Provided that a part-time employee shall not be
entitled to be paid in addition the loading prescribed in subclause (ii) of
Part 2 of Clause 8, Part-Time Employees, of this award.
Provided further that positions which prior to 31
August 1988 were covered under the terms of the Hospital Employees Conditions
of Employment (State) Award shall continue to be paid in accordance with
provisions of Penalty Rates for Shift Work, Weekend Work and Special Working
Conditions, of that Award. Further
provided that the provisions of subclauses (iii) and (iv) shall not apply to
these positions.
6. Roster of Hours
(i) The ordinary
hours of work for each employee shall be displayed on a roster in a place
conveniently accessible to employees.
Where reasonably practicable such roster shall be displayed two weeks,
but in any case at least one week, prior to the commencing date of the first
working period in any roster.
Provided that this provision shall not make it
obligatory for the employer to display any roster of ordinary hours of work of
members of the relieving staff.
Provided further that a roster may be altered at any
time to enable the services of the Health Service to be carried on where
another employee is absent from duty on account of illness or in emergency but
where any such alteration involves an employee working on a day which would
have been his/her day off such time worked shall, subject to subclause (vi) of
clause 4, Hours, be paid for at overtime rates. Furthermore, where a change in roster hours occurs with less than
24 hours notice to the employee affected, all time worked outside that shown on
the employee's roster (prior to the alteration) shall be paid for at overtime
rates.
(ii) Where an
employee is entitled to an allocated day off duty in accordance with Clause 4,
Hours, of this Award, that allocated day off duty is to be shown on the roster
of hours for that employee.
7. On-Call
An employee required by the employer to be on call in any
one 24 hour period shall be paid an allowance as set out in Item 1 of table 1,
Allowances, for that period or any part thereof, provided that only one
allowance shall be paid in any period of 24 hours.
Provided that an on-call roster shall not be introduced by a
Health Service without the approval of the employer. Principal Hospital Scientists are excluded from the provisions of
this clause.
Provided that this clause shall not apply to positions
covered by the Public Hospital Medical Technologists (State) Award, prior to 31
August 1988.
8. Permanent
Part-Time and Part-Time Employees
Part 1 - Permanent Part-Time Employees
(i) A permanent
part-time employee is one who is appointed by the employer to work a specified
number of hours each roster cycle which are less than those prescribed for a
full-time employee.
(ii) A permanent
part-time employee shall be paid an hourly rate calculated on the basis of one
thirty eighth of the normal weekly rate available for full-time employees of
the same classification.
(iii) Persons employed
on a permanent part-time basis may be employed for not less than two (2) or
more than thirty two (32) hours in any full week of seven days, such week to be
coincidental with the pay period. Permanent part-time employees are not
entitled to an allocated day off. The specified number of hours may be balanced
over a roster cycle, provided that the average weekly hours worked shall be
deemed to be the specified number of hours for the purposes of accrual of leave
provided for by this award. Provided further that there shall be no
interruption to the continuity of employment merely by reason of an employee
working on a "week-on", "week-off" basis in accordance with
this subclause.
(iv) Employees
engaged under this clause shall be entitled to all other benefits of the Award
not otherwise expressly provided for herein in the same proportion as their
ordinary hours of work bear to full-time hours.
(v) All time worked
by permanent part-time employees in excess of the total rostered daily ordinary
hours of work prescribed for the majority of full-time employees employed on
that shift in the ward or section concerned 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.
(vi) Time worked up
to the total rostered daily ordinary hours of work prescribed for a majority of
the full-time employees employed on that shift in the ward or section concerned
shall not be regarded as overtime but an extension of the contract hours for
that day and shall be paid at the ordinary rate of pay.
Part 2 - Part-Time Employees
(i) Employees
engaged as part-time employees on or before 1 November 2001 are entitled to
exercise the option of receiving the benefits of employment specified in Part 1
of this clause.
(ii) Persons
employed on a part-time basis, other than on a permanent part-time basis as
outlined in Part 1 of this Clause, may be employed for not less than eight or
more than thirty hours in any full week of seven days, such week to be
coincidental with the pay period of each hospital respectively, and shall be
paid for the actual number of hours worked each week an hourly rate calculated
on the basis of one thirty-eighth of the appropriate rate prescribed plus 15
per cent thereof.
(iii) In an
emergency part-time employees may be allowed to work more than thirty hours in
one week and in such case will be paid for the hours actually worked at a rate
calculated in accordance with sub-clause (ii) of Part 2 of this Clause.
(iv) With respect to
employees employed as part-time workers the provisions of Clause 4 - Hours,
sub-clauses (iv) to (xi) of this award shall not apply.
(v) All time worked
by part-time employees in excess of the total rostered daily ordinary hours of
work prescribed for the majority of full-time employees employed on that shift
in the ward or section concerned 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.
(vi) Time worked up
to the total rostered daily ordinary hours of work prescribed for a majority of
the full-time employees employed on that shift in the ward or section concerned
shall not be regarded as overtime but an extension of the contract hours for
that day and shall be paid at the ordinary rate of pay.
(vii) With respect to
employees employed as part-time workers the provisions of Clause 9, Overtime,
of this award, except where provided in subclauses (v) and (vi) of Part 2 of
this clause, shall not apply.
9. Overtime
(i) All time worked
by day workers and shift workers in excess of or outside the ordinary hours
prescribed by Clause 4, Hours, and Clause 5, Shift Work and Weekend Work of
this Award, respectively, shall be paid for at the rate of time and one half
for the first two hours and double time thereafter, provided that all time
worked on Sundays shall be paid for at double time; provided further that all
overtime worked on public holidays shall be paid for at the rate of double time
and one half.
(ii) Subject to
subclauses (iii) - (vii) below, employees who are recalled for duty, whether
notified before or after leaving the employer’s premises, shall be paid for all
time worked at the appropriate overtime rate, with a minimum of four hours at
such rates.
(iii) Employees may
be required to perform other work that arises during the recall period. Employees shall not be required to work the
full four hour minimum payment period if they complete the work they were
recalled to perform and any additional work they are required to undertake,
within a shorter period.
(iv) The employer
must have processes in place for the formal release of employees from recall
duty.
(v) Employees who are
not formally released and who are recalled again during the four hour minimum
payment period are not entitled to any additional payment until the expiration
of the four hour period.
(vi) Employees who
are advised they will not be required to perform any additional work and are
formally released and who are subsequently recalled again during the four hour
minimum payment period, shall be entitled to another four hour minimum payment.
(vii) Employees
required to work overtime after leaving the employer’s premises to provide a
technology support resolution or clinical appraisal remotely without onsite
presence, shall be paid for such work at the appropriate overtime rate, with a
minimum payment of one hour at such rates.
(viii) An employee
recalled to work overtime as prescribed by this subclause shall be paid all
fares and expenses reasonably incurred in travelling to and from his/her place
or work.
Provided further that where an employee elects to use
his/her own mode of transport he/she shall be paid an allowance equivalent to
the "Transport Allowance" specified by the Director of Public
Employment at the rate in force from
time to time.
(ix) When overtime
is necessary it shall wherever reasonably practical, be so arranged that
employees have at least eight consecutive hours off duty between the work on
successive days or shifts.
For the purposes of assessing overtime each day shall
stand alone, provided however, that where any one period of overtime is
continuous and extends beyond midnight, all overtime hours in this period shall
be regarded as if they had occurred within the one day.
(x) An employee who
works such overtime:
(a) between the
termination of his/her ordinary work on any day or shift and the commencement
of his/her ordinary work on the next day or shift that he/she has not had at
least eight consecutive hours off duty between these times; or
(b) on a Saturday, a
Sunday and a holiday, not being ordinary working day, or on a rostered day off
without having had eight consecutive hours off duty in the twenty-four hours
preceding his/her ordinary commencing time on his/her next day or shift;
shall, subject to this subclause, be released after
completion of such overtime until he/she has had eight consecutive hours off
duty without loss of pay for ordinary working time occurring during such
absence. If on the instruction of
his/her employer such an employee resumes or continues to work without having
had such eight consecutive hours off duty, he/she shall be paid at double rates
until he/she is released from duty for such period and he/she then shall be
entitled to be absent until he/she has had eight consecutive hours off duty
without loss of pay for ordinary working time occurring during such absence.
(xi) When an
employee works overtime as an extension of shift and ceases work at a time when
reasonable means of transport are not available, he/she shall be paid at
ordinary rates for the time reasonably spent travelling from the employer’s
premises to the employee's home with a maximum payment of one (1) hour.
This subclause shall not apply in the case of call-back
nor where the employee has his/her own vehicle available for conveyance home.
(xii) The provisions
of this clause shall not apply to Principal Hospital Scientists.
10. Meals
(i) An employee who
works authorised overtime shall be paid in addition for such overtime -
(a) as set out in
Item 2 of Table 1, Allowances, for breakfast when commencing such overtime work
at or before 6:00 am;
(b) as set out in
Item 2 of Table 1, for luncheons when such overtime extends beyond 2:00 pm on
Saturdays, Sundays or holidays;
(c) as set out in
Item 2 of the said Table 1, for an evening meal when such overtime is worked
for at least one hour immediately following his/her normal ceasing time, exclusive
of any meal break, and extends beyond or is worked wholly or after 7:00 pm;
or shall be provided with adequate meals in lieu of
payment.
(ii) The value of
payments for meals shall be varied as the equivalent rates are from time to
time varied in the New South Wales Public Service.
(iii) Time not
exceeding one hour and not less than thirty minutes shall be allowed for each
meal, provided that where an employee is called upon to work for any portion of
the meal break, such time shall count as ordinary working time.
(iv) 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.
(v) 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
partaking of a meal and a further twenty minutes after each subsequent four
hours overtime; all such time shall be counted as time worked.
(vi) Where
practicable, employees shall not be required to work more than four (4) hours
without a meal break.
11. Higher Duties
An employee who is called upon to relieve an employee in a
higher classification continuously for five working days or more, and who
satisfactorily performs the whole of the duties and assumes the whole of the
responsibilities of the higher classification, shall be entitled to receive,
for the period of relief, the minimum pay of such higher classification
12. Public Holidays
(i) Public Holidays
shall be allowed to employees on full pay.
(ii) Where an
employee is required to and does work on any of the holidays set out in
subclause (iii) of this clause, whether for a full shift or not, the employee
shall be paid one and one half day's pay in addition to the weekly rate
prescribed by clause 2 - Salaries of this award, such payment in the case of
shift workers to 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:
Provided that if the employer and the employee so
agree, an employee may be paid one half day's pay in addition to the weekly
rate and have one day added to his/her period of annual leave for each public
holiday worked in lieu of the provisions of the preceding paragraph.
(iii) For the
purpose of this clause, the following shall be deemed public holidays, viz: New
Year's Day, Australia Day, Good Friday, Easter Saturday, Easter Monday,
Christmas Day, Boxing Day, Anzac Day, Queen's Birthday, local Labour Day, and
other days proclaimed and observed as a public holiday within the area in which
the hospital or health institution is situated.
(iv) Where a public
holiday occurs on a shift worker's rostered day off, he/she shall be paid one
day's pay in addition to the weekly rate, or if the employer and the employee
so agree, have one day added to his period of annual leave.
(v) Subclauses (i)
and (ii) of this clause shall not apply to part-time employee of this award but
each such employee who is required to work on a public holiday as defined in
subclause (iii) of this clause shall be paid at the rate of double time and
one-half but such employee shall not be entitled to be paid in addition the
loading of 15 per cent prescribed in subclause (i) of clause 8 - Part-Time
Employees, of this award.
(vi) Provided that
this clause shall not apply to positions covered by the Hospital Employees
Conditions of Employment (State) Award, prior to 31 August 1988, the provisions
of "Public Holidays" of that award shall apply.
(vii) In addition to
those public holidays specified in subclause (iii), 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 Union, or other
suitable day as agreed between the employer and the Union. Such public holiday shall be regarded for
all purposes of this clause as any other public holiday.
The foregoing will not apply in areas where in each
year a day in addition to the ten named public holidays specified in subclause
(iii) is proclaimed and observed as a public holiday and will not apply in
areas where, in each year, at least two half days in addition to the ten named
public holidays specified in the said subclause are proclaimed and observed as
half public holidays.
Provided further that in areas where in each year only
one half day in addition to the ten named public holidays specified in
subclause (iii) is proclaimed and observed as a half public holiday for the
purposes of this award, the whole day will be regarded as a public holiday and
no additional public holiday, which otherwise would, as a result of this
subclause apply, will be observed.
13. Annual Leave
(i) All employees:
See Annual Holidays Act 1944.
(ii) Annual leave
on full pay shall be granted on completion of each twelve months service as
follows:
(a) Principal
Hospital Scientists - 5 weeks.
(b) All other
employees - 4 weeks.
(iii)
(a) This subclause
does not apply to part-time employees.
(b) Employees who
are rostered to work their ordinary hours on Sundays and/or public holidays
during the qualifying period of employment for annual leave purposes shall be
entitled to receive additional annual leave as follows:
(1) If 35 ordinary
shifts on such days have been worked - one week.
(2) If less than 35
ordinary shifts on such days have been worked and the employees work 38 hours
per week - proportionately calculated on the basis of 38 hours leave for 35
such shifts worked.
(3) If less than 35
ordinary shifts on such days have been worked and the employees work less than
38 hours per week - proportionately calculated on the basis of leave equivalent
to the number of hours ordinarily worked per week for 35 such shifts worked.
The calculations referred to above shall be made to the
nearest one fifth of the ordinary hours worked, half or more than half of one
fifth being regarded as one fifth and less than half being disregarded.
Provided that an employee, entitled to additional
annual leave by virtue of this subclause, may elect to be paid an amount
equivalent to the value of his or her additional leave entitlement, in lieu of
taking the additional leave. Such
election is to be made in writing by the employee at the commencement of each
year of employment and is irrevocable during the currency of that year of
employment.
(c) Provided further
that on termination of employment, employees shall be entitled to payment for
any untaken leave due under this subclause together with payment for any
untaken leave in respect of an uncompleted year of employment, calculated in
accordance with this subclause.
(iv) The annual
leave shall be given by the employer and shall be taken by the employee before
the expiration of a period of six months after the date upon which the right to
such holidays accrues; provided that the giving and taking of the whole or any
separate period of such annual holiday may, with the consent of the employee,
be postponed for a period not exceeding 18 months.
(v) The employer
shall give to each employee three months notice where practicable and not less
than one month's notice of the date upon which the employee shall enter upon
annual leave.
(vi) An employee who
is normally employed to work shifts shall be paid whilst on annual leave
his/her ordinary pay plus shift allowances and weekend penalties relating to
ordinary time the employee would have worked if he/she had not been on annual
leave, provided that shift allowances and weekend penalties shall not be
payable for public holidays which occur during a period of annual leave or for
days which have been added to annual leave in accordance with the provisions of
Clause 12, Public Holidays, of this award.
(vii) Credit of time
towards an allocated day off duty shall not accrue when an employee is absent
on ordinary annual leave in accordance with subclause (i) of this clause. Employees entitled to allocated days off
duty in accordance with Clause 4, Hours, of this award shall accrue credit
towards an allocated day off duty in respect of each day those employees are
absent on additional annual leave in accordance with subclause (ii) of Clause
12, Public Holidays, of this award.
(viii) Employees shall
be entitled to an annual leave loading of 17.5 per centum, or shift penalties
as set out in subclause (vi) of this clause, whichever is the greater.
NOTATION: The conditions under when the annual leave
loading shall be paid to employees are the same as generally applied through
circulars issued by the Department of Health.
14. Long Service
Leave
(i)
(a) Each employee
shall be entitled to two months long service leave on full pay after ten years
of service; thereafter additional long service 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 and less
than 10 years service are entitled, proportionate to his or her length of
service, to proceed on a proportionate 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 are terminated by the employer or by the employee, 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 10 years service
are terminated by the employer or by the employee, he/she shall be entitled to
be paid on the basis of two months' long service leave for ten years' service
and thereafter on the basis of five months long service leave for each ten
years service.
(ii) For the
purposes of subclause (i) of this clause:
(a) Service shall
mean continuous service with the employer.
For the purpose of this paragraph, continuous service will be determined
in accordance with the provisions of NSW Health Policy Directive PD2006_096
Staff Mobility, as amended from time to time..
(b) Broken periods
of service with the employer in one or more hospitals shall count as service.
(c) Service shall
not include -
(1) any period of
leave without pay except in the case of employees who have completed at least
ten years service (any period of absence without pay being excluded there from)
in which case service shall include any period of leave without pay not
exceeding six months taken after 1 January, 1973;
(2) any period of
part-time service, except permanent part-time service, as provided for in
subclause (ix).
(iii) An employee
with an entitlement to long service leave may elect to access such entitlement:
(a) on full pay;
(b) on half pay; or
(c) on double pay.
(iv) When an
employee takes long service leave, the leave entitlement will be deducted on
the following basis:
(a) a period of
leave on full pay - the number of days so taken;
(b) a period of
leave on half pay - half the number of days so taken; or
(c) a period of
leave on double pay - twice the number of days so taken.
(v) When taking long
service leave and an employee would otherwise have had a rostered shift fall on
a public holiday during that period, the amount of long service leave to be
deducted is to be reduced by one day for the public holiday.
(vi) Long Service Leave
shall be taken at a time mutually arranged between the employer and the
employee.
(vii)
(a) On the
termination of employment of an employee, otherwise than by his/her death, an
employer shall pay to the employee the monetary value of all long service leave
accrued and not taken at the date of such termination and such monetary value
shall be determined according to the salary payable to the employee at the date
of such termination, unless the employee elects to transfer his or her leave
entitlement in accordance with NSW Health Policy Directive 2006_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 service and less than ten years service dies, the widow or the
widower of such employee, or if there is no such widow or widower, the children
of such employee, or if there is no such widow, widower, or children, such
person who, in the opinion of the employer, was at the time of the death of
such employee, a dependent relative of such employee, shall be entitled to
receive the monetary value of the leave not taken or which would have accrued
to such employee, had his/her services terminated as referred to in paragraph
(b) of subclause (i) of this clause and such monetary value shall be determined
according to the salary payable to the employee at the time of his/her death.
Where there is a guardian of any children entitled
under this paragraph the payment, to which such children are entitled, may be
made to such guardian for their maintenance, education and advancement.
Where there is no person entitled under this paragraph
to receive the monetary value of any leave payable under the foregoing
provisions payment in respect thereof shall be made to the legal personal
representative of such employee.
(viii) The provisions
of subclauses (i) to (v) of this clause shall not apply to part-time employees
who receive an adjusted hourly rate (as defined in Part II, of clause 8, of
this Award). Such employees shall be entitled to long service leave in
accordance with the provisions of the Long Service Leave Act, 1955,
and/or Determination under the Health Services Act 1997.
(ix) A full-time
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
purposes in conjunction with full-time service on the basis of the proportion
that the actual number of hours worked each week bears to forty hours up until
30 June 1984 and bears to 38 on and from 1 July 1984, provided the part-time
service merges without break with the subsequent full-time service.
(x) Except as
provided for in subclause (xi) 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 the date of commencement of this award 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 the date of commencement of this award. Where an employee
has been granted long service leave or has been paid its monetary value prior
to the date of commencement of this award, the employer shall be entitled to
debit such leave against any leave to which the employee may be entitled pursuant
to this clause.
(xi) The following
provisions shall apply only to employees employed in a hospital at 1 January
1973:
(a) An employee who
-
(1) has had service
in a hospital, to which clause 21, Climatic and Isolation Allowance, applies,
prior to 1 January 1973;
(2) Is employed in a
hospital, to which clause 21, Climatic and Isolation Allowance, applies, at 1
January 1973 shall be granted long service leave in accordance with the long
service leave provisions in force prior to 1st January, 1973, in lieu of the
provisions provided by this award where such benefits are more favourable to
the employee.
(b) An employee
employed -
(1) as a part-time
employee at 1st January 1973 may be
allowed to continue to be granted long service leave in accordance with the
long service provisions in force prior to
1st January 1973 in lieu of the provisions of the Long Service Leave
Act 1955, as provided for in sub-clause (viii) of this clause;
(2) on a full-time
basis at 1 January 1973, but who 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 1 January 1973, in lieu of the provisions
provided by this award where such benefits are more favourable to the employee.
(xii) Where an
employee has accrued a right to an allocated day off duty on pay prior to
entering a period of long service leave such day shall be taken on the next
working day immediately following the period of long service leave.
An employee returning to duty from long service leave
shall be given the next allocated day off duty in sequence irrespective of
whether sufficient credits have been accumulated or not.
15. Sick Leave
(i) Full-time
employees - a full-time employee shall be entitled to sick leave on full pay by
allowing 76 rostered ordinary hours of work for each year of continuous
service, less any sick leave on full pay already taken subject to the following
conditions.
(a) All periods of
sickness shall be certified to by the Medical Superintendent of the hospital or
by a legally qualified Medical Practitioner approved by the employer, provided
such approval shall not be unreasonably withheld; provided however, that the
employer may dispense with the requirement of the medical certificate where the
absence does not exceed two (2) consecutive days or where in the employer's
opinion the circumstances are such as to not warrant such requirements.
(b) The employer
shall not change the rostered hours of work of an employee fixed by the roster
or rosters applicable to the seven days immediately following the commencement
of sick leave merely by reason of the fact that the employee is on sick leave.
(c) An employee
shall not be entitled to sick leave until after three months continuous service.
(d) Service for the
purpose of this clause, shall mean service with the employer and shall be
deemed to have commenced on the date of engagement by the employer in respect
of any period of employment with the employer current at the date of the commencement
of this award in respect of employees then so employed and in respect of others
it shall be deemed to commence on the first day of engagement by the employer
after the commencement of this award.
(e) Employees who
are employed at the date of the commencement of this award shall retain to
their credit, until exhausted, any accumulation of sick leave to their credit
immediately prior to such a date; provided that such credit is not less than
the entitlement otherwise prescribed by this clause.
(f) "Continuous
Service" for the purpose of this clause, shall be calculated in the same
manner as provided under sub-clause (ii) (a) of Clause 14, Long Service Leave,
of this award, excepting that all periods of service with the employer in any
hospital (providing such service is not less than three months actual service)
shall be counted.
(g) Each employee
shall take all reasonably practicable steps to inform the employer of his or
her inability to attend for duty and as far as possible state the estimated
duration for the absence.
Where practicable such notice shall be given within
twenty-four hours of the commencement of such absence.
(ii) Part-time
employees - A part-time employee shall be entitled to sick leave in the same
proportion of 76 hours as the average weekly hours worked over the preceding
twelve months or from the time of the commencement of the employment, whichever
is the lesser, bears to 38 ordinary hours of one week. Such entitlements shall be subject to all
the above conditions applying to full-time employees.
(iii) 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 worker's 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 worker's compensation
and full pay. The employee's sick leave
entitlement under this clause shall for each week during which such difference
is paid, be reduced by the proportion of hours which the difference bears to
full pay. On the expiration of
available sick leave, weekly compensation payments only shall be payable.
(iv) For the purpose
of determining a full-time employee's sick leave credit as at the 1st July,
1984, sick leave entitlement shall be proportioned on the basis of 76/80.
16. Payment and
Particulars of Salary
(i) Salaries shall
be paid weekly or fortnightly.
(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 except where
agreement as to another method of payment has been reached between the Union
and the employer due to the isolation of the work location. Salaries shall be deposited by the employer
in sufficient time to ensure that salaries are available for withdrawal by
employees no later than pay day 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 deposits with such financial institutions but in
such cases the employer shall take all reasonable steps to ensure that the
salaries of such employees are available for withdrawal by no later than pay
day.
Subject to adequate notice in writing on each occasion,
employees who are rostered off on pay day shall be entitled to have their
salary deposited before proceeding on their days off.
(iii) Notwithstanding
the provisions of subclauses (i) and (ii) of this clause, any employee who was
given or who has been given notice of termination of employment in accordance
with clause 17, Termination of Employment, of this award, shall be paid all
monies due to him/her prior to ceasing duty on the last day of employment. Where an employee is dismissed or his or her
services are terminated without notice in accordance with clause 17,
Termination of Employment, of this award, any moneys due to him or 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 pay day
an employee, in respect of the payment then due, shall be furnished with a statement
in writing containing the following particulars, namely: name, the amount of ordinary salary, the
total hours of overtime worked, if any, other monies paid, and the purpose for
which they are paid and the amount of deductions made from the total earnings
and the nature thereof.
(v) Where the
retrospective adjustments of wages are paid to employees, such payments where
practical shall be paid as a separate payment to ordinary wages. Such payment shall be accompanied by a
statement containing particulars as set out in subclause (iv) of this clause.
(vi) Underpayment
and overpayment of salaries - the following process will apply once the issue
of underpayment or overpayment is substantiated.
(a) Underpayment
(1) If the amount
underpaid is equal to or greater than one day’s gross base pay the underpayment
will be rectified within three working days;
(2) If the amount
underpaid 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
(1) 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.
(2) One off
overpayments will be recovered in the next normal pay, except that where the
employee can demonstrate that undue hardship would result, the recover rate
shall be at 10% of an employee’s gross fortnightly base pay.
(3) 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.
(4) The recovery
rate of 10% of an employee’s gross fortnightly base pay referred to in
subclause (b)(3) above may be reduced by agreement, where the employee can
demonstrate that undue hardship would result.
(5) 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)(3) above, the employer 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.
17. Termination of
Employment
(i) During the
first three months of employment, employment shall be from week to week. After three months continuous service,
employment may be terminated only by twenty eight days notice given either by
the employer or the employee at any time during the week or by payment or
forfeiture of twenty eight days salary, as the case may be. Nothing in this clause, however, shall
prevent the summary dismissal of an employee for misconduct or neglect of duty.
(ii) Employees with
a credit of time accrued towards an allocated day off duty shall be paid for
such accrual upon termination.
(iii) Provided that
this clause shall not apply to positions covered by the Hospital Employees
Conditions of Employment (State) Award, prior to 31 August 1988, the provisions
of "Termination of Employment", subclause (ii), of that award, shall
apply.
18. Accommodation and
Amenities
(i) Suitable dining
room accommodation and lavatory conveniences shall be provided for all resident
and non-resident employees.
(ii) In all
hospitals erected after 1st January, 1960, dressing room, lockers, hot and cold
showers and conveniences also shall be provided for non-resident employees and
where practicable, such facilities shall be provided in hospitals erected prior
to that date.
(iii) The following
outlines the minimum standards which the employer seeks to achieve in all
hospitals:
Sanitary conveniences -
(a) Seats - in the
proportion of 1 seat to every 15 employees or fraction of 15 employees of each
sex.
(b) Separate and
distinct conveniences for each sex, together with screened approaches to ensure
privacy. These facilities must be located conveniently to work places, they
must be adequately lighted and ventilated and floors, walls and ceilings
finished with a smooth faced surface resistant to moisture.
Washing and Bathing Facilities
(a) Washing
provision by way of basins of suitable impervious material with taps set at
600mm centres with hot and cold water supplied, in proportion of one hot tap
and one cold tap for each fifteen employees or part of 15 employees of each
sex. Space in front of the wash points
shall not be less than 900mm.
(b) Showers spaced
at not less than 900mm and with hot and cold water connected for persons
ceasing work at any one time in a minimum ratio of one shower for every twenty
persons or part of twenty persons of each sex ceasing work at any one time.
Washing and bathing facilities must be adequately
lighted and ventilated; floors, walls and ceilings finished with a smooth-faced
surface resistant to moisture.
These facilities should be incorporated in, or
communicated direct with the change room and should not be contained within any
closet block.
Change Rooms and Lockers
(a) Properly
constructed and ventilated change rooms equipped with a vented steel locker, at
least 300mm wide by 450mm deep and 1800mm high for each employee.
(b) Floor area not
less than 0.56 sq. m. per employee to be accommodated.
(c) Space between
lockers - set up facing one another and not less than 1.5 metres. Traffic ways not less than one metre wide.
(d) Sufficient
seating not less than 260mm wide by 380mm high should be provided.
(e) Lockers should
be set up with at least 150mm clearance between the floor of the locker and the
floor of the room. Lockers shall be of
the lock-up type with keys provided.
Dining Room
(a) Well
constructed, ventilated and adequately lighted dining room(s). Generally floor area should not be less than
1.0 sq. m. per employee using the meal room at any one time.
(b) Tables not more
than 1.8 m. long, spaced 1.2 m. apart, allowing 0.6 m. of table space per
person.
(c) Chairs or other
seating with back rests. Sufficient
tables and chairs must be provided for all persons who will use the dining room
at any one time.
(d) Facilities for
boiling water, warming and refrigerating food and for washing and storing of
dining utensils shall be provided.
Rest Room
A well constructed and adequately lighted and
ventilated room or screened off portion of the change room for women. Such rest room or rest area to be equipped
with day bed or couch with mattress, blankets, pillow and hot water bottle.
(iv) The above
standards shall be the minimum to be included in working drawings approved
after 1st December 1976, for new hospitals.
(v) Where major
additions to presently occupied buildings or new buildings are erected within a
presently constituted hospital the amenities to be provided in such additions
or new buildings shall be the subject of negotiations between the parties.
19. Inspection of
Lockers of Employees
Lockers may be opened for inspection in the presence of the
employee but in cases where the employee neglects or refuses to be present or
in any circumstances where notice to the employee is impracticable such
inspection may be carried out in the absence of the employee by an employee
appointed by the employer, and if practicable, a Union Branch Employee,
otherwise by any two employees so appointed by the employer.
20. Uniform and
Laundry Allowance
(i) Subject to
clause (iii) of this clause, sufficient suitable and serviceable uniforms shall
be supplied free of cost to each employee required to wear a uniform provided
that an employee to whom a new uniform or part of a uniform has been supplied
by the employer who, without good reason, fails to return the corresponding
article last supplied to him or her, shall not be entitled to have such article
replaced without payment thereof at a reasonable price.
(ii) An employee,
on leaving the service of the employer shall return any uniform or part thereof
supplied by the employer which is still in use immediately prior to leaving.
(iii) In lieu of
supplying a uniform to an employee, the employer shall pay to such employee an
amount per week as set in Item 3 of Table 1, Allowances.
(iv) If at any
hospital the uniform of the employee is not laundered at the expense of the
employer, an allowance per week as set in Item 3 of the said Table 1, shall be
paid to such employee.
(v) Each employee
whose duties require him/her to work in a hazardous situation shall be supplied
with the appropriate protective clothing and equipment.
(vi) The allowances
referred to in subclauses (iii) and (iv) are payable to part-time employees on
the basis of one fifth of the full weekly allowance for each shift worked in
the week.
21. Climatic and
Isolation Allowance
(i) Employees
employed in hospitals in any place situated upon or to the west of a line drawn
as specified in this subclause but not including places as specified in
subclause (ii) of this clause shall be paid a weekly allowance as set in Item 4
of Table 1, Allowances, in addition to the salary to which they otherwise are
entitled. The line shall be drawn as
follows: commencing 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) Employees
employed in hospitals in any place situated upon or to the west of a line drawn
as specified in this subclause shall be paid a weekly allowance as set in Item
4 of Table 1, Allowances, in addition to the salary to which they otherwise are
entitled. The line shall be drawn as
follows: commencing at a point on the
right bank of the Murray River at Swan Hill (Victoria) and thence 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 in this clause shall be
regarded as part of the salary for the purpose of this award.
(iv) The allowances
prescribed by this clause are not cumulative.
(v) A part-time
employee shall be entitled to the allowances prescribed in this clause in the
same proportion as average hours worked each week bears to 38 ordinary hours.
22. Notice Boards
The hospital shall permit notice boards of reasonable
dimensions to be erected in a prominent position upon which the representative
of the Union shall be permitted to post Union Notices.
23. Union Representatives
An employee appointed as Union representative shall upon
notification thereof in writing by the Union to the employer, be recognised as
an accredited representative of the Union and shall be allowed the necessary
time during working hours to interview the employer on matters affecting
employees and shall be allowed suitable facilities to collect the Union’s dues.
24. Exemptions
This award shall not apply to members, novices or aspirants
of religious orders in public hospitals, the names of whom are included or
hereafter shall be in the third schedule to the Health Services Act
1997.
25. Blood Counts
Every employee who works in close proximity to diagnostic
and/or therapeutic X-Ray equipment or any other form of radio-active equipment
or substance shall have a blood count carried out free of charge, by the
employer at least once in every period of three months including any such
period of work.
26. Settlement of
Disputes
(i) Where a dispute
arises in a particular section which cannot be resolved between the employees
or their representative and the supervising staff, it shall be referred to the
Chief Executive Officer of the Health Service or establishment or his/her
nominee, who will arrange to have the matter discussed with the employees concerned
and a local representative or representatives of the Union.
(ii) Failing
settlement of the issue at this level, the matter shall be referred to the
Director-General and the Head office of the Union. The dispute will be dealt
with pursuant to subclause (v) of this clause.
(iii) Whilst these
procedures are continuing, no stoppage of work or any form of ban or limitation
of work shall be applied.
(iv) The Union
reserves the right to vary this procedure where it is considered a safety
factor is involved.
(v) With view to an
amicable and speedy settlement, all disputes that firstly cannot be settled in
accordance with subclauses (i) and (ii) of this clause may be submitted to the
committee consisting of not more than six (6) members, with equal representatives
of the Union and the Director-General .
Such committee shall have the power to investigate all matters in
dispute and to report to the Chief Executive Officer of the Health Service and
the Union respectively with such recommendation as it may think right and, in
the event of no mutual decision being arrived at by such committee, the matter
in dispute may be referred to the Public Health Employees (State) Industrial
Committee.
(vi) This clause
shall not interfere with the rights of either to institute proceedings for the
determination of any matter in accordance with the Industrial Relations Act,
1996.
27.
Anti-Discrimination
(i) It is intention
of the parties bound by this award to seek to achieve the object in section
3(f) of the Industrial Relations Act 1996 to prevent and eliminate
discrimination in the workplace. This includes discrimination on the grounds of
race, sex, marital status, disability, homosexuality, transgender identity, age
and responsibilities as a carer.
(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 the 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.
28. Travelling Allowance
(i) An employee
seconded to another hospital may be granted a daily travel allowance at the
rate of the difference between the cost of travel by public transport to
his/her normal place of employment and travel by public transport to the
seconding hospital. Provided that where
an employee drives his/her own vehicle, he/she shall, in lieu, be eligible for
an allowance based on the casual user rates prescribed by the Director of
Public Employment , from time to time, for the difference between the distance
to his/her normal place of employment and distance to the seconding hospital.
(ii) An employee
who with the approval of the employer, uses on official business a motor
vehicle primarily for other than official business, shall be paid the above
mentioned allowance from time to time effective. However, where it is estimated that an employee will, with the
approval of the employer, be required to use his/her private vehicle on
official business on at least fifty days during any period of twelve months and
during that period, aggregate at least 850 kilometres of official running, he
shall be paid the official business rate prescribed by Director of Public
Employment, at the rate in force from time to time throughout the year.
(iii) For the
purpose of subclause (ii) travel on official business -
(a) occurs when an
employee is required by the employer as part of his/her duty to use his/her
motor vehicle to attend away from his/her normal place of employment or
seconding hospital to another clinic, annexe or hospital. Where an employee travels on official
business direct from his/her place of residence to a clinic, annexe or
hospital, other than normal place of employment he/she shall be paid the
difference between the distance to his/her normal place of employment or
seconding hospital and that other clinic, annexe or hospital.
(b) shall include
other arrangements as agreed to between the employer and the Union from time to
time.
(c) does not include
"call backs".
(iv) Nothing in this
clause shall make the employer liable for the cost of the employee's daily
travel to his/her usual and normal place of employment.
29. General
Conditions
An employee required to answer emergency phone calls outside
of ordinary working hours, but not recalled to duty, shall be reimbursed rental
charges on such telephone on production of receipted accounts.
Provided that, where an employee is required to answer out
of hours telephone calls on a relief basis he/she shall be paid one-twelfth of
his/her yearly telephone rental for each month or part thereof he/she is so
employed.
30. Promotions and
Appointments
(i) Promotion
and/or appointment shall be by merit.
(ii) In the case of
an employee or employees disputing a promotion and/or appointment the Union may
apply to the Public Health Employees (State) Industrial Committee or its
chairman or the Industrial Relations Commission of New South Wales for
determination of the dispute.
31. Board and Lodging
(i) Where an
employee lives at a hospital, deductions from his/her salary for accommodation
and/or board may be made by the employer at the rates prescribed from time to
time by the Public Health System Nurses’ and Midwives’ (State) Award.
(ii) Where
individual meals only are provided, the employee may be charged the charges
applicable under the Public Health System Nurses’ and Midwives’ (State)
Award.
(iii) No deductions
shall be made from the salary of an employee for board or lodging when the
employee is absent on annual, sick or long service leave.
32. Maternity, Adoption
and Parental Leave
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 again work 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.
(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
immediately commences duty with the new employer. There may be a break in
service of up to two months before commencing duty with the new 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
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 date of birth it is subject to the employee being able to
satisfactorily perform 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.
(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 only without the consent of her employer
by giving the employer notice in writing of the extended period at least
fourteen days’ before the start of the extended period. An employer may accept
less notice if convenient.
An employee may extend the period of maternity leave at
any time with the agreement of the employer.
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 Industrial
Relations Act 1996 (Section 69) 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 to 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 on a part time
basis 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 on a part time
basis 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 Worker's
Compensation Act.
(ii) Portability of
Service for Paid Adoption Leave
As per maternity leave conditions.
(iii) 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 and under
18 years old - a period of up to 12 months, such period to be agreed upon by
both the employee and the employer.
(iv) 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.
(v) 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.
(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 week’s paid leave may be taken at anytime within the 52 week period and
shall be paid:
at the employees 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.
(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.
Annual and/or long service leave credits can be
combined with periods of parental leave on half pay to enable an employee to
remain on full pay for that period.
(iv) Applications
An employee who intends to proceed on parental leave
should formally notify their employer of such intention as early as possible,
so that arrangements associated with their absence can be made.
(a) In the case of
extended parental leave, the employee should give written notice of the
intention to take the leave.
(b) The employee
must, at least four weeks before proceeding on leave, give written notice of
the dates on which they propose to start and end the period of leave, although
it is recognised in situations of taking custody of a child, little or no
notice may be provided to the employee. In such an instance, the employee
should notify the employer as early as practicable.
(c) The employee
must, before the start of leave, provide a certificate from a medical
practitioner confirming that their spouse or partner is pregnant and the
expected date of birth, or in the case of an adoption, an official form or
notification on taking custody of the child.
(d) In the case of
extended parental leave, the employee must, before the start of leave, provide
a statutory declaration by the employee stating:
(1) if applicable,
the period of any maternity leave sought or taken by his spouse, and
(2) 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 for a further
continuous period of leave not exceeding 12 months;
(c) to return from a
period of maternity, adoption or parental leave on a part time basis until the
child reaches school age;
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 subclauses (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) salary and other
conditions of employment are to be adjusted on a basis proportionate to the
employee’s full time hours of work i.e. for long service leave the period of
service is to be converted to the full time equivalent and credited
accordingly.
(d) employees who
return from 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 the 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 the 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).
NOTE:
(a) The entitlement
to maternity, adoption and parental leave for part-time employees who receive
an adjusted hourly rate (as defined in clause 8, Part 2, in this award), along
with casual employees, are in accordance with the provisions of Part 4,
Parental Leave of the Industrial Relations Act 1996 and/or Corporation
Determination.
(b) Where a casual
employee is entitled to parental leave under the Industrial Relations Act 1996,
the following provisions shall also apply in addition to those set out in the
Act.
An employer must not fail to re-engage a casual
employee because:
the employee or employee’s spouse is pregnant; or
the employee is or has been immediately absent on
parental leave.
The rights of the employer in relation to engagement
and re-engagement of casual employees are not affected, other than in
accordance with this clause.
(c) Part time
employees who receive an adjusted hourly rate are also entitled to the
provisions of Part D Right to Request and Part E Communication During Leave of
this clause.
(d) 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.
33. Redundancy -
Managing Displaced Employees
Employees shall be entitled to the provisions of Health
Department Policy Directive 2007_085 - Managing Displaced Staff of the NSW Health
Service, as amended from time to time.
34. 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) The provisions
outlined in Parts A and B of this clause are available to all employees covered
by this Award, other than casual employees as defined in subclause (iii) below.
(iii) Casual
employees as defined in the Health Industry Status of Employment (State) Award
are entitled to the provisions outlined in Part C of this clause.
A. FACS Leave
(i) 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 employer 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).
(ii) FACS leave
replaces compassionate leave.
(iii) An employee is
not to be granted FACS leave for attendance at court to answer a criminal
charge, unless the employer 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.
(iv) FACS Leave -
entitlement
(a) The maximum
amount of FACS leave on full pay that may be granted to an employee is:
(1) 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
(2) 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 entitlements under (vi)(a)(1) and (2) above, a working day for
employees working 38 hours per week shall be deemed to consist of 8 hours, and
a working day for employees working 35 hours per week shall be deemed to
consist of 7 hours. The rate at which
FACS leave is paid out and utilised shall be on actual hours absent from a
rostered shift.
Example A: An
employee working 38 hours per week will have an entitlement, in their first
year of employment, to 24 hours of FACS leave.
If the employee take FACS leave for a full 10 hour shift, the employee
would be debited 10 hours of FACS leave.
Example B: An
employee working 35 hours per week will have an entitlement, in their first
year of employment, to 21 hours of FACS leave.
If the employee takes FACS leave for a full 7 hour shift, the employee
would be debited 7 hours of FACS leave.
Example C: An
employee, employed prior to 1 January 1995, applies for FACS leave on 20
February 1997. The employee is entitled
to 6 days in any period of two years.
Therefore, to calculate the employee’s available FACS leave as at 20
February 1997, add all FACS leave taken from 21 February 1995 to 20 February
1997 and deduct that amount from the 6 days entitlement.
(c) FACS leave is
available to part-time employees on a pro rata basis, based on the average
number of hours worked per week. A
working day shall consist of one-fifth of the employee’s average weekly hours
during the preceding 12 months or during the employee’s period of employment,
whichever is the lesser period.
Example: An
employee working an average of 30 hours per week will have an entitlement, in
his/her first year of employment, of 18 hours of FACS leave. If the employee takes FACS leave for a full
rostered shift eg of 4 hours, the employee would be debited 4 hours of FACS
leave. Likewise, if the employee was rostered for 8 hours and was absent for
the full 8 hours on FACS leave, he/she would be debited 8 hours of FACS leave.
(v) 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 (i) (a) of Part A of this clause.
(vi) Use of other
leave entitlements
The employer 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
(i) 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.
(ii) 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:
(1) the employee
being responsible for the care and support of the person concerned; and
(2) the person
concerned being as defined in subclause (i) of Part B of this clause.
(b) Other than a
casual or any other employee who receives a loading in lieu of sick leave, an
employee with responsibilities in relation to a person who needs their care and
support shall be entitled to use the untaken sick leave, from that year’s
annual sick leave entitlement, to provide care and support for such persons
when they are ill.
(c) Sick leave
accumulates from year to year. In
addition to the current year’s grant of sick leave available under (b) above,
sick leave untaken from the previous 3 years may also be accessed by an
employee with responsibilities in relation to a person who needs their care and
support.
(d) The employer
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 part where another
person has taken leave to care for the same person.
(iii) 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 10 days in single day periods or part
thereof, in any calendar year at a time or times agreed by the parties. An employee and employer may agree to defer
payment of the annual leave loading in respect of single day absences, until at
least 5 consecutive annual leave days are taken. 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.
(b) long service
leave; or
(c) leave without
pay for the purpose of providing care and support to the person concerned as
defined in subclause (i) of Part B of this clause.
(iv) Time off in lieu
of payment of overtime
(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
(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 (iv)(a) above and the leave is
not taken for whatever reason, payment for time accrued at overtime rates shall
be made at the expiry of the twelve 12 month period from the date the overtime
was worked, or earlier by agreement, or on termination.
(d) Where no
election is made in accordance with paragraph (iv)(a) above, the employee shall
be paid overtime rates in accordance with the provisions of clause 9, Overtime.
(v) 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 clause 4 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 which
would have been applicable to the hours taken off.
C. Entitlements for
Casual Employees
(i) 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 relative or member of a household as prescribed in subclause
(i)(a) of Part 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 (ie 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 part.
The rights of an employer to engage or not engage a casual employee are
otherwise not affected.
(ii) Personal carers
entitlement for casual employees
(a) Subject to the
evidentiary and notice requirements in subclauses (ii)(e) - (h) of Part B of
this clause 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 (i)
of Part B of this clause who are sick and require care and support, or who
require care due to an unexpected emergency, or the birth of a child.
(b) The employer and
the employee shall agree on the period for which the employee will be entitled
to not be available to attend work. In
the absence of agreement, the employee is entitled to not be available to
attend work for up to 48 hours (ie 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 part.
The rights of an employer to engage or not to engage a casual employee
are otherwise not affected.
35. 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 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 prescribed from time to time by
the Director of Public Employment.
(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 Union prior to notice
of changed accustomed place of work being given.
(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 subclause "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 a decision after such discussion or if a significant
number of employees are involved, the matter should be referred to the
Director-General , who will discuss the matter with the Union 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 $5 per day in travelling to and from the relief site,
the excess shall be reimbursed.
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 $5 per day to and from the relief site, such excess shall be
reimbursed. The rate applicable shall be the kilometre allowance prescribed
from time to time by the Director of Public Employment less $5.
This $5 shall be reviewed annually by the employer.
(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.
36. Labour
Flexibility
(i) The 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 consistent with
employee's classification, grouping and/or career stream provided that such
duties are not designed to promote deskilling.
(ii) The employer
may direct an employee to carry out such duties and use such tools and
equipment as may be required provided that the employee has been properly
trained or has otherwise acquired the necessary skills in the use of such tools
and equipment.
(iii) Any direction
issued by the employer pursuant to sub-clause (i) and (ii) shall be consistent
with the employer's responsibilities to provide a safe and healthy work
environment.
(iv) Existing
provisions with respect to the payment of higher duties allowances shall apply
in such circumstances.
37. Salary Packaging
(i) By agreement
with their employer, employees may elect to package part or all of their salary
in accordance with this clause, to obtain a range of benefits as set out in the
NSW Health Services Salary Packaging Policy and Procedure Manual, as amended
from time to time. Such election must be made prior to the commencement of the
period of service to which the earnings relate. Where an employee also elects
to salary sacrifice to superannuation under this award, the combined amount of
salary packaging/sacrificing 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 PAYE taxation deductions by that packaged amount.
(b) Any allowance,
penalty rate, overtime payment, payment for unused leave entitlements, weekly
workers’ 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 2.
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 area health services, which provides for a fringe
benefit 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 this
cost on to the employee. The employer’s share of savings, the combined
administration cost, and the value of the package benefits, are deducted from
pre-tax dollars.
(v) The parties
agree that the application of the fringe benefits tax exemption status
conferred on public hospitals and area health services is subject to 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.
38. Reasonable Hours
(i) Subject to
subclause (ii) the employer may require an employee to work reasonable overtime
at overtime rates unless or as otherwise provided for under the award.
(ii) The employee
may refuse to work overtime in circumstances where the working of such overtime
would result in the employee working hours which are unreasonable.
(iii) For the
purposes of sub-clause (ii) what is unreasonable or otherwise will be
determined having regard to:
(a) any risk to
employee health and safety.
(b) The employee’s
personal circumstances including any family and carer responsibilities.
(c) The needs of the
workplace or enterprise.
(d) The notice (if
any) given by the employer of the overtime and by the employee of his or her
intention to refuse it; and
(e) Any other
relevant matter.
39. Salary Sacrifice
to Superannuation
(i) Notwithstanding
the salaries prescribed in Clause 2. 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 37. 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 (100) per cent of the currently applicable superannuable 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, judgement debtor/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 workers’
compensation, or other payment, other than any payment for leave taken in
service, to which an employee is entitled under the relevant award or any
applicable award, act, or statute which is expressed to be determined by
reference to an employee’s salary, shall be calculated by reference to the
salary which would have applied to the employee under the salaries clause in
the absence of any salary sacrifice to superannuation made under this award.
(iv) The employee
may elect to have the specified amount of payable salary which is sacrificed to
additional employer superannuation contributions:
(a) paid into the
superannuation scheme established under the First State Superannuation Act 1992
as optional employer contributions; or
(b) subject to the
employer’s agreement, paid into a 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 (v) above, the employer will
continue to base contributions to that fund on the salary payable under Clause
2. Salaries of this 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.
40. Area, Incidence
and Duration
(i) This Award
rescinds and replaces the Hospital Scientists (State) Award published 3 March
2006 (357 I.G. 774) and all variations thereof.
(ii) This Award
shall apply to persons employed in classifications contained herein employed in
the NSW Health Service under section 115(1) of the Health Services Act
1997, or their successors, assignees or transmittees.
(iii) This Award
takes effect from 12 November 2008, and shall remain in force until 30 June
2011.
PART B
Table 1 -
Allowances
Item
|
Clause
|
Description
|
Rate from
|
Rate from
|
Rate from
|
No.
|
No.
|
|
1.7.2008
|
1.7.2009
|
1.7.2010
|
|
|
|
$
|
$
|
$
|
1
|
7
|
On call - per 24 hours or any part thereof
|
9.20
|
9.60
|
10.00
|
2
|
10
|
Meal Allowance for overtime
|
|
|
|
|
|
(a) Breakfast at or before 6.00 a.m.
|
23.60
|
23.60
|
23.60
|
|
|
(b) Evening at least 1 hour after normal
|
23.60
|
23.60
|
23.60
|
|
|
ceasing time and extends beyond or
|
|
|
|
|
|
is worked wholly after 7.00 p.m.
|
|
|
|
|
|
(c) Lunch beyond 2.00 p.m. Saturdays,
|
23.60
|
23.60
|
23.60
|
|
|
Sundays or Holidays
|
|
|
|
3
|
20(iii)(iv)
|
Uniform and Laundry Allowance
|
|
|
|
|
|
- Uniform
|
2.30
|
2.30
|
2.30
|
|
|
- Laundry
|
2.40
|
2.40
|
2.40
|
4
|
21(i)(ii)
|
Allowances for persons employed in
|
3.40
|
3.40
|
3.40
|
|
|
hospitals upon or west of the line
|
p/week
|
p/week
|
p/week
|
|
|
commencing at Tocumwal, etc
|
|
|
|
|
|
Allowance for persons employed in
|
6.80
|
6.80
|
6.80
|
|
|
hospitals upon or west of the line
|
p/week
|
p/week
|
p/week
|
|
|
commencing at Murray River etc.
|
|
|
|
J.
McLEAY, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.