Hospital Scientists (State) Award 2022
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Ministry of Health.
(Case No. 194530 of 2022)
Before Chief Commissioner Constant
|
13 July 2022
|
AWARD
PART A
Arrangement
Clause No. Subject Matter
1. Definitions
2. Salaries
3. Grading
Employees
4. Hours
4A. Multiple
Assignments
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
32A. Lactation
Breaks
33. Family and
Community Services Leave and Personal/Carer’s Leave
33A. Family
Violence Leave
34. Mobility,
Excess Fares and Travelling
35. Labour
Flexibility
36. Salary
Packaging
37. Reasonable
Hours
38. Salary
Sacrifice to Superannuation
39. No Extra
Claims
40. Area,
Incidence and Duration
PART B
Table 1 - Allowances
PART A
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 a.m. and before 10:00 a.m. 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.
"Employee" means a Hospital Scientist, Senior
Hospital Scientist, Principal Hospital Scientist, or Trainee Hospital Scientist
as defined.
"Employer" means the Secretary of the Ministry of
Health exercising employer functions on behalf of the Government of New South
Wales.
"Health
Service" means a Local Health District 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, as amended or
varied from time to time.
"Hospital" means a public hospital as defined
under section 15 of the Health Services
Act 1997, as amended and varied from time to time.
"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.
"Secretary" means the Secretary of the Ministry of
Health.
"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.
"Service" means service before and/or after the
commencement of this Award in any one or more hospitals as defined under s
section 15 of the Health Services Act
1997, or any other hospital deemed acceptable by the employer.
"Shift Worker" means a worker who is not a day
worker as defined.
"Trainee Hospital Scientist" means an employee
appointed as such who is undertaking a part-time degree course in science at an
approved University and is engaged in work related to the profession for which
they are qualifying.
"Union" means the Health Services Union NSW.
2. Salaries
Full time Hospital Scientist employees, as defined herein,
shall be paid the salaries as set out in the Health Professional and Medical Salaries (State) Award 2021 as
varied or replaced from time to time.
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 6:00 a.m. and before 10:00 a.m.
(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 their 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 workers
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.
4A. Multiple
Assignments
(This Clause has had
application from 13 August 2018)
(i) Multiple
assignments under this Award exist when:
a. An employee has
more than one position under this Award within the New South Wales Health
Service, and
b. The same
conditions of employment within the Award apply to the positions.
Each of these positions is referred to in this clause
as “assignments”.
(ii) Where an
employee has multiple assignments with different ordinary rates of pay, the
employee shall be paid in relation to the ordinary hours worked in each
separate assignment at the ordinary rate of pay applicable to that assignment.
(iii) This clause
does not apply to employees who have multiple casual assignments only. The Award provisions are to apply separately
to each casual assignment.
Multiple Assignments Within a Single Organisation in
the Public Health System
(iv) The following
provisions apply to employees with two or more assignments, that comply with
4A(i), within a single Organisation in the Public Health System:
(a) The work
performed in each of an employee’s assignments shall be aggregated for the
purposes of determining all of the employee’s entitlements under this Award.
Hours, Additional Days Off, and Overtime
(b) The combined
total number of ordinary hours worked under an employee’s multiple assignments
shall not exceed the hours of work as set out in Clause 4, Hours.
(c) Where the
combined total number of ordinary hours worked under an employee’s multiple assignments
is equivalent to those set out for the ordinary hours of work for day workers
(ie full time) in Clause 4 they will be considered as a full time employee for
the purposes of the Award and:
1. that employee
is entitled to allocated days off in accordance with Clause 4, Hours, and
2. Clause 9,
Overtime, shall apply for the purposes of overtime.
(d) Where the combined total number of
ordinary hours worked under an employee’s multiple assignments is less than
those set out in subclause (c) of this subclause they will be treated in
accordance with Part 1 of Clause 8, Permanent Part-Time and Part-Time
Employees.
1. All ordinary
hours and additional hours paid at ordinary rates in each assignment shall be
aggregated and treated as if they were worked under a single assignment, in
accordance with Part 1 of Clause 8 Permanent Part-Time and Part-Time Employees,
and
2. Overtime as
prescribed in Clause 9, Overtime (including subclauses (v) and (vi)).
(e) The rostering
of additional days off will be co-ordinated between the employee’s line
managers to ensure that the additional days off are proportionately rostered
across the employee’s assignments. Where
an employee has multiple assignments with different ordinary rates of pay, the
additional day off will be paid at the rate of pay relevant to the assignment
in which it is rostered.
(f) Where an
employee has multiple assignments with different ordinary rates of pay, the
rate of pay used to determine the additional hours or overtime payable shall be
the rate applicable to the assignment which generated the additional hours or
overtime.
(g) Where overtime
is compensated by way of time off in lieu that time off in lieu must be taken
in the assignment which generated the overtime.
(h) Employees who
are in full time or part time assignments cannot be engaged on a second or
further assignment as a casual employee under the Award. Any additional hours worked by such employees
are to be remunerated in accordance with paragraphs (c) or (d) of this
subclause.
Public Holidays – Rostered Day Off
(i) Each assignment will stand alone when
calculating payment for a public holiday that falls on a rostered day off under
Clause 12, Public Holidays subclause (iv).
Temporary
Employees
(j) Where an employee has an assignment which
attracts a 10% loading in accordance with subclause 3.2 of the Health Industry Status of Employment (State)
Award 2022, as varied or replaced from time to time, the 10% loading
shall only apply to hours worked in that assignment. While ever this loading is
paid, the provisions of subclauses (p), (q) and (s) of this subclause shall not
apply to the temporary assignment.
Employees
Engaged as Part Time as at 1 November 2001
(k) Where an employee:
1. has elected to receive the benefits set
out in Part 2 of Clause 8, Permanent Part-Time and Part-Time Employees, in
relation to an assignment, and
2. after the date this clause was operative
in this Award the employee commences in a second or further permanent part time
assignment (as set out in Part 1 of Clause 8, Permanent Part-Time and Part-Time
Employees) and their combined total number of ordinary hours worked in all
assignments is less than those set out in subclause (c) of this subclause;
Part 2 of Clause 8, Permanent Part-Time and Part-Time
Employees, shall cease to apply and the employee will be a Permanent Part-Time
Employee for the purposes of the Award.
(l) Where an
employee:
1. has elected to
receive the benefits set out in Part 2 of Clause 8 Permanent Part-Time and
Part-Time Employees, in relation to an assignment, and
2. his/her
combined total number of ordinary hours worked in all assignments is equal to
or more than those set out in subclause (c) of this subclause,
Part 2 of Clause 8, Permanent Part-Time and Part-Time
Employees shall not apply to any of their assignments.
Incremental Progression
(m) Where an employee
has multiple assignments in the same classification and pay rate, the employee
will progress from one increment (year step) to the next increment after the
employee has completed the full time equivalent of one year in the increment
having regard to the work performed in all assignments. Further, an employee must complete a minimum
of one calendar year in an increment before progressing to the next increment.
(n) Where an
employee has multiple assignments in the same classification, but different
grades and/or pay rates, the employee’s service in the higher grade will count
for the purposes of incremental progression in the lower grade. However, service in the lower grade shall not
count for the purposes of incremental progression in the higher grade.
(o) Where an
employee has multiple assignments in different classifications, the employee’s
service in each assignment will not count for the purpose of incremental
progression in the other assignment.
Leave
(p) All ordinary
hours worked by an employee in multiple assignments shall count towards
determining the employee’s leave entitlements.
(q) Employees with
multiple assignments shall be entitled to take all forms of leave in any of
their assignments. That is, leave
accrued by an employee through work performed in one assignment, can be taken
by that employee in their other assignment/s.
(r) Where an
employee has multiple assignments with different ordinary rates of pay, the
employee shall be paid for leave taken at the rate of pay relevant to the
assignment in which the leave was taken or rostered.
(s) An employee’s
combined total number of ordinary hours worked in their multiple assignments
will be used to calculate additional annual leave in accordance with subclause
(iii)(b) of Clause 13 Annual Leave.
(t) Service in all
assignments will be recognised for the purposes of entitlements under Clause
32, Maternity, Adoption and Parental Leave.
(u) Where an
employee’s assignment is terminated but the employee remains employed under
another full time or part time assignment, all leave credits will be
transferred to the remaining assignments. The employee shall not be paid out
the monetary value of the annual leave or long service leave accrued in the
terminated assignment.
Disclosures, Notifications and Approvals
(v) Employees must,
at the time they apply for any second or further assignment, disclose in
writing that they are already employed by NSW Health and provide details of
that assignment including:
1. the position/s
currently held
2. the facility in
which the existing position/s are worked
3. the
classification/s under which they are engaged in each position
4. the number of
ordinary hours worked in each position
5. any regular
additional hours or overtime that is worked in each position
6. whether the
position/s is worked according to a set roster and if so, the details of that
roster arrangement; and
(w) Prior to
accepting an offer for a second or further assignment, employees must provide
to their current manager details of that proposed assignment including:
1. the position
they have applied for
2. the facility in
which the proposed new assignment is to be worked
3. the
classification under which they would be engaged in the new assignment
4. the number of
ordinary hours to be worked in the proposed assignment
5. whether the
position is to be worked according to a set roster and if so, the details of
that roster arrangement.
(x) A Public Health
Organisation may elect on reasonable grounds to withhold the approval of a
second or further assignment to employees who are already employed in another
assignment.
(y) Before accepting
any change in roster or undertaking additional hours or overtime that will
impact on another assignment, employees who hold multiple assignments must
notify their current manager of the details of their next shift in either
assignment. Managers must not change
rosters or require employees to work additional hours or overtime where these
will impact on the employee’s roster in the other assignment (for example by
generating overtime) without first consulting the manager of the other
assignment/s. (By way of example, if an
employee is requested by Manager 1 in Assignment 1 to undertake additional
hours in Assignment 1 that may impact on the roster in Assignment 2, the
employee must notify Manager 1 of the impact.
Manager 1 must not change rosters/hours that impact on Assignment 2
without first consulting Manager 2.)
Multiple Assignments Across Different Organisations
in the Public Health System
(v) Multiple
Assignments, that meet the criteria in paragraph (i) of this clause and they
are worked in different Organisations in the Public Health System, will be regarded
as entirely separate for all purposes under the Award, including the accrual
and taking of leave. The only exceptions are:
(a) At the time an employee commences an
assignment in another Organisation in the Public Health System the employee’s
accrued leave will be apportioned across their assignments (for example, a 0.6
full time equivalent employee who commences another 0.4 full time equivalent
assignment in another Organisation in the Public Health System will have 60% of
their leave accruals allocated to the former assignment and 40% to the latter
assignment) unless prior to commencing the new assignment the employee elects
that this apportioning does not occur.
After this apportioning, leave accrues separately in each assignment,
based on the hours worked in each assignment.
The employer will notify the employee of their right to make this
election prior to the apportioning taking place.
(b) Employees who
have multiple assignments across different Organisations in the Public Health
System at the time this clause became operative in this award may elect to
apportion their accrued leave across their assignments.
(c) Service in all
assignments will be aggregated for the purposes of calculating entitlements
under Clause 14, Long Service Leave.
(d) Service in all
assignments will be recognised for the purposes of entitlements under Clause
32, Maternity, Adoption and Parental Leave.
(e) Service in all
assignments will be recognised for the purposes of entitlements of Family and
Community Services Leave and Personal/Carer’s Leave as provided in Clause 33.
(f) Service in all
assignments will be recognised for the purposes of entitlements of Family
Violence Leave as provided in Clause 33A.
(g) Where an
employee terminates an assignment, any leave credits that are held against that
assignment will be transferred to the remaining assignment/s.
(h) If prior to the
introduction of this clause and/or the StaffLink payroll system an employee
received additional days off and/or overtime in accordance with subclause (ii)
of Clause 9, Overtime, that employee shall continue to receive those benefits
until one of the assignments is terminated.
(i) Where an employee has three or more
assignments, one or more of which are in different Organisation in the Public
Health System, subclause (iv) of this clause shall apply to those assignments
which are within a single Organisation in the Public Health System.
Changes to the composition of Organisation in the
Public Health System
(vi) The employer and
the Association agree to review this clause in the event that the boundaries of
any Organisation in the Public Health System change.
(vii) Where any change
to the boundaries of any Organisation in the Public Health System causes an
employee’s multiple assignments to which subclause (iv) of this clause
previously applied to then be subject to subclause (v) of this clause,
subclause (iv) of this clause shall continue to apply (to the exclusion of
subclause (v) of this clause) to those assignments until one of them is
terminated.
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 of 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 a.m. and 9:00 p.m. at ordinary time rate of pay.
(b) On Mondays to
Fridays before 8:30 a.m. and after 9:00 p.m. 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, Permanent Part-Time Employees and 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 subclause (ii) of Part 2 of this clause.
(iv) With respect to
employees employed as part-time workers the provisions of clause 4, Hours,
subclauses (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
their own mode of transport they shall be paid an allowance equivalent to the
"Transport Allowance" as provided by determination made under the Health Services Act 1997, as varied 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 they have 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 they have had eight consecutive hours off duty
without loss of pay for ordinary working time occurring during such absence. If
on the instruction of his/her employer such an employee resumes or continues to
work without having had such eight consecutive hours off duty, they shall be
paid at double rates until they are released from duty for such period and they
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, they 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 their 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 a.m.;
(b) as set out in
Item 2 of Table 1, for luncheons when such overtime extends beyond 2:00 p.m. 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 p.m;
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 in the Crown Employees (Public Service Condition of
Employment) Award 2009, as varied or replaced from time to time.
(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 their 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, they 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) An employee who
has accrued additional annual leave under subclause (ii) or (iv) of this clause
can elect at any time to be paid an amount equivalent to the value of the
accrued additional annual leave in lieu of taking additional leave, provided
that the amount is a minimum of one weeks’ accrued additional leave and that
the salary for the period of additional leave paid out will be calculated as if
the period of leave was actually taken.
(vi) 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.
(vii) 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.
(viii) 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 their 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.
An employee with accrued annual leave pursuant to this
subclause can elect at any time to be paid an amount equivalent to the value of
the accrued additional leave in lieu of taking additional leave, provided that
the amount is a minimum of one weeks’ accrued additional leave and that the salary
for the period of additional leave paid out will be calculated as if the period
of leave was actually taken.
(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 months’ 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 they 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 Ministry of Health, as varied or replaced from time to time.
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
their 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, they 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, they 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, they 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 Section 7 of the NSW
Health Policy Directive PD2019_010 Leave
Matters for the NSW Health Service,
as amended or replaced 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 their leave
entitlement in accordance with Section 18 of the NSW Health Policy Directive
2019_010 Leave Matters for the NSW Health Service, as amended or replaced
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 subclause (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 their 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 workers compensation;
provided, however, that where an employee is not in receipt of accident pay, an
employer shall pay to an employee, who has sick leave entitlements under this
clause, the difference between the amount received, as workers compensation and
full pay. The employee's sick leave entitlement under this clause shall for
each week during which such difference is paid, be reduced by the proportion of
hours which the difference bears to full pay. On the expiration of available
sick leave, weekly compensation payments only shall be payable.
(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 their 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.
(vii) 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. Trafficways
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 subclause (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
Secretary 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 Secretary. 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, they
shall, in lieu, be eligible for an allowance based on the casual rate
prescribed by the Crown Employees
(Public Service Conditions of Employment) Award 2009, as varied or
replaced 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 the
Crown Employees (Public Service
Conditions of Employment) Award 2009, as varied or replaced from time to
time, 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 they 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 they shall be paid one-twelfth of
his/her yearly telephone rental for each month or part thereof they are 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 2021 as varied or replaced from time
to time.
(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 2021, as varied or replaced
from time to time.
(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 (NSW) 1987.
(ii) Portability of
Service for Paid Maternity Leave
Portability of service for paid
maternity leave involves the recognition of service in government sector
agencies for the purpose of determining an employee's eligibility to receive
paid maternity leave. For example, where an employee moves between a public
service department and a public hospital, previous continuous service will be
counted towards the service prerequisite for paid maternity leave.
When determining an employee's
eligibility for paid maternity leave, continuous service with an organisation
that is part of the government sector as defined in the Government Sector Employment Act 2013 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 pregnancy an employee is unable to continue to work then they
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 pregnancy, an employee cannot carry out the duties of
their position, an employer is obliged, as far as practicable, to provide
employment in some other position that they are 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 their 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. They may resume duty at any time provided they 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 (i.e. the rate at which
they were paid before proceeding on maternity leave).
An employee who commences a
subsequent period of maternity leave during the first 12 months of a return to
duty 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 Workers
Compensation Act (NSW) 1987.
(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 (NSW) 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 any time 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 Determination under the Health
Services Act 1997.
(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.
32A. Lactation Breaks
(i) This clause applies to
employees who are lactating mothers. A lactation break is provided for
breastfeeding, expressing milk or other activity necessary to the act of
breastfeeding or expressing milk and is in addition to any other rest period
and meal break as provided for in this Award.
(ii) A full time employee or a
part time employee working more than four hours per day is entitled to a
maximum of two paid lactation breaks of up to 30 minutes each per day or per
shift.
(iii) A part time employee working
four hours or less on any day or shift is entitled to only one paid lactation
break of up to 30 minutes each per day or per shift worked.
(iv) A flexible approach to
lactation breaks can be taken by mutual agreement between an employee and their
manager provided the total lactation break time entitlement is not exceeded.
When giving consideration to any such requests for flexibility, a manager needs
to balance the operational requirements of the organisation with the lactating
needs of the employee.
(v) The employer shall provide
access to a suitable, private space with comfortable seating for the purpose of
breastfeeding or expressing milk. Other suitable facilities, such as
refrigeration and a sink, shall be provided where practicable. Where it is not
practicable to provide these facilities, discussions between the manager and
the employee will take place to attempt to identify reasonable alternative
arrangements for the employee’s lactation needs.
(vi) Employees experiencing
difficulties in effecting the transition from home based breastfeeding to the
workplace will have telephone access in paid time to a free breastfeeding
consultative service, such as that provided by the Australian Breastfeeding
Association’s Breastfeeding Helpline Service or the Public Health System.
(vii) Employees needing to leave the
workplace during time normally required for duty to seek support or treatment
in relation to breastfeeding and the transition to the workplace may utilise
sick leave or other leave in accordance with the Award.
33. 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 2021, as varied from time to
time, 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 (iv)(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 takes 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 first year of
employment, of 18 hours of FACS leave. If the employee takes FACS leave for a
full rostered shift e.g. 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, they 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
paragraph (c) above.
(e) The employee
shall, if required, establish either by production of a medical certificate or
statutory declaration, that the illness of the person concerned is such as to
require care by another person.
(f) The employee
has the right to choose the method by which the ground for leave is
established, that is, by production of either a medical certificate or
statutory declaration.
(g) The employee is not
required to state the exact nature of the relevant illness on either a medical
certificate or statutory declaration.
(h) The employee
shall, wherever practicable, give the employer notice prior to the absence of
the intention to take leave, the name of the person requiring care and that
person’s relationship to the employee, the reasons for taking such leave and
the estimated length of absence. If it is not practicable for the employee to
give prior notice of absence, the employee shall notify the employer by
telephone of such absence at the first opportunity on the day of absence.
(i) In normal
circumstances, the employee must not take leave under this 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 (i.e. two
days) per occasion. The casual employee is not entitled to any payment for the
period of non-attendance.
(c) An employer
must not fail to re-engage a casual employee because the employee accessed the
entitlements provided for in this part. The rights of an employer to engage or
not engage a casual employee are otherwise not affected.
(ii) Personal
carer’s 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 (i.e. two
days) per occasion. The casual employee is not entitled to any payment for the
period of non-attendance.
(c) An employer
must not fail to re-engage a casual employee because the employee accessed the
entitlements provided for in this part. The rights of an employer to engage or
not to engage a casual employee are otherwise not affected.
33A. Family Violence
Leave
(i) For the purpose
of this clause, family violence means domestic violence as defined in the Crimes (Domestic and Personal Violence) Act
2007. The violence may have been reported to the police and/or may be the
subject of an Apprehended Violence Order.
(ii) An employee
experiencing family and domestic violence can utilise Award leave entitlements
provided for in Sick Leave and Family and Community Services Leave provisions
of the Award.
(iii) Where leave
entitlements to Sick Leave and Family and Community Services Leave are
exhausted, the employer will grant up to five days per year of paid special
leave to attend legal proceedings, counselling, appointments with a medical or
legal practitioner and relocation and safety activities directly associated
with alleviating the effects of family and domestic violence. This leave
entitlement does not accumulate from year to year.
(iv) Upon exhaustion
of the paid leave entitlement, an employee may request further periods of
unpaid leave, for the same activities for which paid leave would be available.
(v) To access paid
and unpaid leave, the employee must provide the employer with evidence, to the
employer’s satisfaction, substantiating the purpose of the leave and that the
leave is related to alleviating the effects of family violence. The employer
may accept a variety of agreed documentation in support of an application for
leave. Supporting documentation may be presented in the form of an agreed
document issued by the Police Force, a Court, a doctor, a Family Violence
Support Service or a lawyer.
(vi) Matters related
to family violence can be sensitive. Information collected by the employer will
be kept confidential. No information relating to the details of the family
violence will be kept on an employee’s personnel file without their express
permission. However, records about the use of family violence leave will need
to be kept.
(vii) The employer,
where appropriate, may facilitate flexible working arrangements subject to
operational requirements. This may include changes to working times and
locations, telephone numbers and email addresses.
(viii) The employer
will co-operate with all legal orders protecting an employee experiencing
domestic violence.
34. 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 their own mode of conveyance, the
employee shall be paid a kilometre allowance for kilometres travelled in excess
of the kilometres the employee normally travels between the accustomed place of
work and home. The kilometre allowance will be prescribed from time to time by
the Crown Employees (Public Service
Conditions of Employment) Award 2009, as varied or replaced from time to
time.
(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
Secretary, 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 $5.18 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 their own mode of conveyance and incurs travelling costs
in excess of $5.18 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 in the Crown
Employees (Public Service Conditions of Employment) Award less $5.18.
This $5.18 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.
35. 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 subclause (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.
36. 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 Policy Directive PD2018_044
Salary Packaging, as amended from time to time. Such election must be made
prior to the commencement of the period of service to which the earnings
relate. Where an employee also elects to salary sacrifice to superannuation
under this Award, the combined amount of salary packaging/sacrificing may be up
to 100 per cent of salary.
Any salary packaging above the
fringe benefit exemption cap will attract fringe benefits tax as described in
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 Local Health Districts, 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 NSW
Health Policy Directive PD2018_044 Salary
Packaging, as amended or replaced from time to time.
(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 Policy
Directive PD2018_044 Salary Packaging,
or as amended from time to time.
37. 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 subclause (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 their
intention to refuse it; and
(e) Any other
relevant matter.
38. 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 36 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.
39. No Extra Claims
Other than as provided for in the Industrial Relations Act 1996 and the Industrial Relations (Public Sector Conditions of Employment)
Regulation 2014 (or its successor however described), there shall be no further
claims/demands or proceedings instituted before the Industrial Relations
Commission of New South Wales for extra or reduced wages, salaries, rates of
pay, allowances or conditions of employment with respect to the employees
covered by the Award that take effect prior to 30 June 2023 by a party to this
Award.
40. Area, Incidence
and Duration
(i) This Award
takes effect from 1 July 2022 and shall remain in force for a period of one year.
The allowances in the last column in Table 1 of Part B - Monetary Rates will
apply from the first full pay period on or after (ffppoa) 1 July 2022.
(ii) This Award
rescinds and replaces the Hospital
Scientists (State) Award 2021 published 19 November 2021 (390 I.G. 1132)
and all variations thereof.
(iii) 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.
PART B
Table 1 - Allowances
Item
No.
|
Clause
No.
|
Description
|
Rate
to apply prior to ffppoa 01/07/2022
$
|
Rate
from first full pay period on or after 01/07/2022
$
|
1
|
7
|
On call - per 24 hours or any
part thereof
|
12.80
|
13.10
|
2
|
10
|
Meals allowance for overtime
|
|
|
(a) Breakfast at or before
6.00 a.m.* (each)
|
31.95
|
31.95
|
|
|
(b) Evening at least 1 hour
after normal ceasing time
|
31.95
|
31.95
|
|
|
and extends beyond or is
worked wholly after
|
|
|
|
|
7.00 p.m.* (each)
|
|
|
|
|
(c) Lunch beyond 2.00 p.m.
Saturdays, Sundays or
|
31.95
|
31.95
|
|
|
Holidays* (each)
|
|
|
3
|
20(iii), (iv)
|
Uniform and Laundry Allowance
|
|
|
Uniform (per week)
|
2.72
|
2.86
|
|
|
Laundry (per week)
|
2.83
|
2.97
|
4
|
21(i)
|
Climatic and Isolation
Allowance for persons
|
3.87
|
4.07
|
|
|
employed in hospitals upon or
west of the line
|
|
|
|
|
commencing at Tocumwal, etc.
(per week)
|
|
|
4
|
21(ii)
|
Climatic and Isolation
Allowance for persons
|
7.53
|
7.91
|
|
|
employed in hospitals upon or
west of the line
|
|
|
|
|
commencing at Murray River
etc. (per week)
|
|
|
* NB: These allowances are varied in accordance with
Treasury Circular C2021-03 Meal,
Traveling and other Allowances for 2020-21, as varied or replaced from time
to time.
N. CONSTANT, Chief Commissioner
____________________
Printed by
the authority of the Industrial Registrar.