Public
Hospitals (Professional and Associated Staff) Conditions of Employment (State)
Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Health
Services Union, Industrial Organisation of Employees.
(No. IRC 2107 of 2008)
Before Commissioner
McLeay
|
12 November 2008
|
AWARD
Arrangement
Clause No. Subject Matter
1. Definitions
2. Hours
3. Roster of
Hours
4. Climatic
and isolation allowance
5. Part-time
Employees
6. Board and
Lodging
7. Relieving
Other Members of Staff
8. Overtime
8A. On Call -
Physiotherapists, Occupational Therapists and Speech Pathologists
8B. On Call
Allowance - Social Workers and Sexual Assault Workers
8C. Call-Out
Allowance - Social Workers and Sexual Assault Workers
9. Penalty
Rates for Shift Work and Weekend Work
10. Meals
11. Public
Holidays
12. Annual
Leave
13. Long
Service Leave
14. Sick Leave
15. Payment and
Particulars of Salary
16. Termination
of Employment
17. Accommodation
and Amenities
18. Inspection
of Lockers of Employees
19. Uniforms
and Protective Clothing
20. Promotions
and Appointments
21. New
Positions
22. Notice
Board
23. Mobility,
Excess Fares and Travelling
24. Disputes
25. Family and
Community Services Leave and Personal/Carer’s Leave
26. General
Conditions
27. Maternity,
Adoption and Parental Leave
28. Union
Representative
29. Blood Count
30. Exemptions
31. Anti-Discrimination
32. Redundancy-Managing
Displaced Employees
33. Labour
Flexibility
34. Salary
Packaging
35. Salary
Sacrifice to Superannuation
36. Reasonable
Hours
37. No Extra
Claims
38. Induction
and Orientation
39. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Rates and
Allowances
PART A
1. Definitions
Unless the context otherwise indicates or requires, the
several expressions hereunder defined shall have their respective meanings
assigned to them -
"Day Worker" means a worker who works his/her
ordinary hours from Monday to Friday inclusive and who commences on such days at
or after 6 a.m. and before 10 a.m. otherwise than as part of a shift system.
"Employer" means the Director-General exercising
employer functions on behalf of the Government of New South Wales (and includes
a delegate of the Director-General).
"Health Institution" means an institution (other
than a hospital) by or at which health services or health support services are
provided as defined in the Dictionary of the Health Services Act 1997.
"Hospital" means a public hospital as defined
under s.15 of the Health Services Act, 1997.
"Public Health Organisation" means an organisation
defined in section 7 of the Health Services Act 1997 as follows:
(a) an area health
service; or
(b) a statutory
health corporation; or
(c) an affiliated
health organisation in respect of its recognised establishments and recognised
services.
"Shift Worker" means a worker who is not a day
worker as defined.
"Union" means the Health Services Union.
2. 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 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 be 152 hours per
28 calendar days.
(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 cycle of 28 days each employee
shall not work his or her ordinary hours of work on more than nineteen days in
the cycle. The hours worked on each of
those days shall be arranged to include a proportion of one hour (in the case
of employees working shifts of eight hours duration the proportion of 0.4 of an
hour) which shall accumulate towards the employee's allocated 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
30 June 1984, working shifts of less than eight hours duration may:
(i) continue to
work their existing total hours each 28 days but spread over 19 days, or
(ii) with the
agreement of the employer, 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
regard 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 off 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
hospital, or health institution 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 upon
between the employee and the employer.
Provided that the maximum number of allocated days off duty which may
accumulate under this subclause shall be three.
(viii) There shall be
no accrual of 0.4 an hour for each day of ordinary annual leave taken in
accordance with subclause (i) of Clause 12, Annual Leave of this award. However, where an employee has accumulated
sufficient time to take his/her allocated day off duty prior to entering on
annual leave, and that day would have been taken if the employee had not gone
on annual leave, it shall be allowed to the employee on the first working day
immediately following the period of leave
Where an employee has not accumulated sufficient time
for an allocated day off duty prior to entering on annual leave, time in credit
shall count towards taking the next allocated day off duty falling in sequence
after the employee’s return to duty.
(ix) An employee
entitled to allocated days off duty in accordance with subclause (iv) of this
clause shall continue to accumulate credit towards his/her allocated day off
duty whilst on sick leave.
Where an employee's allocated day off duty falls during
a period of sick leave, the employee's available sick leave shall not be
debited for that day.
(x) Where an
employee's allocated day off duty falls due during a period of worker's
compensation, the employee, on returning to duty, shall be given the next
allocated day off duty in sequence irrespective of whether sufficient credits
have been accumulated or not.
(xi) Where an
employee's allocated day off duty falls on a public holiday as prescribed by
Clause 11, 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 ordinary rates of pay.
(xiii)
(a) One twenty
minute interval (in addition to meal break) shall be allowed each employee on duty
for a tea break during each ordinary shift of 8 hours. Such interval shall count as working
time. Part-time employees who are
engaged for less than a whole shift on any one day shall only be entitled to
one tea break of 10 minutes.
(b) Where it is not
possible due to the nature of the work performed to have one twenty minute
break, the employee may take one ten (10) minute break and be permitted to
proceed off duty ten (10) minutes prior to the rostered finishing time of that
shift.
(c) Paragraph (b) of
this subclause will only be exercised in special and exceptional circumstances
and with the expressed approval of the employer in consultation with the
employee.
(xiv) There shall be
a minimum break of eight (8) hours between ordinary rostered shifts.
3. 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 hospital or health institution 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 2, Hours, of this award, be paid for at overtime
rates.
(ii) Where an
employee is entitled to an allocated day off duty in accordance with the said clause
2, that allocated day off duty is to be shown on the roster of hours for that
employee.
4. Climatic and
Isolation Allowance
(i) Subject to
subclause (ii), of this clause, persons employed in hospitals or health
institutions in places situated upon or to the west of a line drawn as herein
specified shall be paid an allowances set in Item 1 of Table 1 of Part B in
addition to the salary to which they are otherwise entitled. The line shall be drawn as follows, viz:
Commencing at Tocumwal and thence to the following
towns in the order stated, namely, Lockhart, Narrandera, Leeton, Peak Hill,
Gilgandra, Dunedoo, Coolah, Boggabri, Inverell and Bonshaw.
(ii) Persons
employed in hospitals or health institutions in places situated upon or to the
west of a line drawn as herein specified shall be paid an allowance set in Item
2 of Table 1 of Part B in addition to the salary to which they are otherwise
entitled. The line shall be drawn as
follows, viz:
Commencing at a point on the right bank of the Murray River
opposite Swan Hill (Vic.) and thence to the following towns, in the order
stated, namely, Hay, Hillston, Nyngan, Walgett, Collarenebri and Mungindi.
(iii) The allowances
prescribed by this clause are not cumulative.
(iv) Except for the
computation of overtime the allowances prescribed by this clause shall be
regarded as part of the salary for the purposes of this award.
(v) A part-time
employee shall be entitled to the allowances prescribed by this clause in the
same proportion as the average hours worked each week bears to 38 ordinary
hours.
5. Part-Time
Employees
Part 1 - Permanent Part-time Employees
(i) A permanent
part-time employee is one who is permanently appointed by the employer to work
a specified number of hours which are less than those prescribed for a
full-time employee.
(ii) Permanent
part-time employees shall be paid an hourly rate calculated on the basis of one
thirty-eighth of the rate prescribed by the salaries clause of each relevant
calling, with a minimum payment of 3 hours for each start.
(iii) Employees
engaged under this part shall be entitled to all other benefits of this award
not otherwise expressly provided for herein in the same proportion as their
ordinary hours of work bear to full-time hours.
Part II - Savings Provisions
(i) Employees
engaged as part-time employees as at 10 February 1992 were entitled to exercise
the option of receiving the benefits of employment applicable to those employed
under Part 1 of this clause or in lieu thereof the following:
(a) Such part-time
employee shall be paid an hourly rate calculated on the basis of one
thirty-eighth of the appropriate rate, plus 15 per cent of the appropriate
hourly rate.
(b) For entitlement
to payment in respect of Annual Leave, see Annual Holidays Act 1944.
(ii) An employee
engaged as a part-time employee as at 10 February 1992 who has taken the option
of payment in accordance with Part 1 of this clause cannot revert to the
provisions of Part II.
Part III - Exclusions
With respect to employees employed under Part 1, the
provisions of subclauses (i), (ii) and (iv) to (xii) of clause 2, Hours, shall
not apply.
With respect to employees employed under Part II of this
clause, the provisions of subclauses (i), (ii) and (iv) to (xii) of the said
clause 2 and clause 8, Overtime shall not apply.
6. Board and Lodging
(i) Where an
employee is provided with accommodation in a traditional style Nurses' Home
deductions from salary shall be made at the rate prescribed from time to time
by the Public Health System Nurses’ and Midwives’ (State) Award, provided that
no deduction shall be made when the employee is absent from the hospital for a
period of at least six consecutive nights on annual, sick or long service
leave.
(ii) An employer
shall provide for an employee who lives out light refreshment for morning and
afternoon tea when the employee is on duty at times appropriate for the
partaking thereof.
7. Relieving Other
Members of Staff
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.
8. Overtime
(i) All time worked
by employees outside the ordinary hours in accordance with clause 2, Hours and
clause 3, Roster of Hours, of this award shall be paid for at the rates of time
and one-half up to 2 hours each day and thereafter at the rate of double time;
provided however, that all overtime worked on Sunday shall be paid for at the
rate of double time and 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 of one hour at such rates. This
clause shall not apply to employees covered by Clause 8b On Call Allowance -
Social Workers and Sexual Assault Workers, of this Award.
(viii) An employee
recalled to work overtime as prescribed by subclause (ii), of this clause shall
be paid all fares and expenses reasonably incurred in travelling to and from
his/her place of work. Provided further
that where an employee elects to use his/her own mode of transport, he/she
shall be paid an allowance equivalent to the "Transport Allowance"
specified from time to time by the Public Employment Industrial Relations
Authority.
(ix) When overtime
work 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.
(x) An employee
who works so much overtime -
(a) between the
termination of his/her ordinary work on any day or shift and the commencement
of his/her ordinary work on the next day or shift that he/she has not had at
least eight consecutive hours off duty between these times; or
(b) on a Saturday, a
Sunday and a holiday, not being ordinary working days, or on a rostered day off
without having had eight consecutive hours of duty in the twenty-four hours
preceding his/her ordinary commencing time on his/her next ordinary day or
shift; shall, subject to this subclause, be released after completion of such
overtime until he/she has 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 such eight
consecutive hours off duty he/she shall be paid at double rates until he/she is
released from duty for such period and he/she then shall be entitled to be
absent until he/she has had eight consecutive hours off duty without loss of
pay for ordinary working time occurring during such absence.
(xi) 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.
(xii) This clause
shall not apply to Social Workers or Sexual Assault Workers in circumstances
where they are entitled to payment in accordance with provisions of Clause 8c,
Call Out Allowance - Social Workers and
Sexual Assault Workers, of this Award.
(xiii) All time worked
by employees employed pursuant to Part 1 of clause 5, Part-time Employees, in
excess of the 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 and on Public Holidays at the rate of double time
and one half.
Time worked up to the 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.
(xiv)
(a) In lieu of the
conditions specified in sub-clauses (i) and (ii) employees engaged in Community
Health may be compensated for overtime worked by taking time in lieu of the
overtime.
(b) The time in lieu
is to be taken within three months of the overtime being worked and is to be
granted at the ordinary time rate.
If the time in lieu is not taken within the three
months period it is to be paid to the employee at the appropriate overtime rate
at the time the overtime was worked and at the wage rate applying at the time
payment is made.
8A. on Call -
Physiotherapists, Occupational Therapists and Speech Pathologists
(i) This clause
applies only to staff classified as Physiotherapists, Occupational Therapists
and Speech Pathologists under the NSW Health Service Health Professionals
(State) Award.
(ii) An "on
call period" is a period during which an employee is required by the
employer to be on call.
(iii) For the
purposes of calculation of payment of on-call allowances and for call back
duty, an on call period shall not exceed 24 hours.
(iv) An employee
shall be paid for each on call period, at the option of the employer, either an
allowance per on call period or an on call allowance per week. The on call allowances are set out in Item 8
of Table 1.
8B. on Call Allowance
- Social Workers and Sexual Assault Workers
(i) This clause
applies only to staff classified as Social Workers and Sexual Assault Workers
under the NSW Health Service Health Professionals (State) Award or under any
other Determination.
(ii) An "on
call period" is a period during which an employee including part-time
employees is required by the employer, to be on call in accordance with
subclause (iii) of this clause.
(iii) Employees,
including part-time employees, rostered to be "on call" and to
provide a telephone counselling service during period of such "on
call" shall be entitled to payment at the rate of one-third of the
employee’s normal pay for each hour of performing the above duty, provided that
there shall be a maximum payment in respect of each "on call" period
of two and one-half hours’ pay.
Provided that "on call" periods -
(a) which commence
on or after 9.00am Saturday and finish on or before 9.00am Monday should not
exceed 12 hours;
(b) which commence
on or after 9.00am Monday and finish on or before 9.00am Saturday should not exceed
16 hours; and
(c) where "on
call" periods outlined in paragraphs (a) and (b) of this clause exceed the
maximum allowed therein then such period in excess shall attract additional
payment at the rate outlined in this subclause to a maximum of two and one-half
hours’ pay.
8C. Call Out
Allowance - Social Workers and Sexual Assault Workers
(i) This clause
applies only to staff classified as Social Workers and Sexual Assault Workers under
the NSW Health Service Health Professionals (State) Award or under any other
Determination.
(ii) "Call
out" is the period over which an employee including part-time employees is
required by the employer to return to duty. For the purpose of this definition,
call out shall only apply to on call and unrostered time periods.
(iii) Employees
including part-time employees who are recalled to duty outside normal hours
shall be paid a minimum of three hours at the appropriate overtime rate for
each recall to duty subject to:
(a) Where an
employee is recalled to duty more than once in any one day, and the second or
subsequent recalls commence within the period of the preceding recall for which
payment would have been made under the minimum payment provision, payment for
such recalls shall be made as follows:
(1) A minimum
payment as for three hours’ work at the appropriate overtime rate shall be made
in respect of the last recall.
(2) Payment shall be
calculated as if the employee had been continuously engaged on overtime from
the commencement of work on the first recall until the expiry of the period in
(1) above or completion of the work for which he/she had been recalled on the
last occasion, whichever is the later.
(b) Where an
employee is recalled to duty more than once in any one day, and the second or
subsequent recall does not commence within the period for which payment will be
made under the minimum payment provision, the minimum payment for each such
recall shall be as for three hours’ work at the appropriate overtime rate.
An employee, including part-time employees, where
recalled to work as prescribed in subclause (ii) of this clause shall be paid
all fares and expenses reasonably incurred in travelling to and from his/her
place of work in accordance with clause 23, Mobility, Excess Fares and
Travelling, of this Award.
Where employees are recalled to work as prescribed in
subclause (ii) of this clause the employee shall have at least eight
consecutive hours off duty between the work on successive days. If, on the instructions of the employer such
employee resumes or continues work without having had such eight consecutive
hours off duty the employee shall be paid at double rates until the employee is
released from duty for such period and the employee then shall be entitled to
be absent until the employee has had eight consecutive hours off duty without
loss of pay for ordinary working time occurring during such absence.
9. Penalty Rates for
Shift Work and Weekend Work
(i) Shift workers
working afternoon or night shifts shall be paid the following percentages in
addition to the ordinary rate for such shift provided that part-time employees
shall only be entitled to the additional rates where their shifts commence
prior to 6 a.m. or finish subsequent to 6 p.m.
Afternoon shift commencing at 10 a.m. and before 1 p.m.
- 10 per cent.
Afternoon shift commencing at 1 p.m. and before 4 p.m.
- 12½ per cent.
Night shift commencing at 4 p.m. and before 4 a.m. - 15
per cent.
Night Shift commencing at 4 a.m. and before 6 a.m. - 10
per cent.
(ii) For the
purposes of this clause, day, afternoon and night shifts shall be defined as
follows:
"Day Shift" means a shift which commences at
or after 6 a.m. and before 10 a.m.
"Afternoon Shift" means a shift which
commences at or after 10 a.m. and before 4 p.m.
"Night Shift" means a shift which commences
at or after 4 p.m. and before 6 a.m. on the day following.
(iii) Employees
whose ordinary working hours include work on a Saturday and/or Sunday shall be
paid for ordinary working hours worked between midnight on Friday and midnight
on Saturday, at the rate of time and one-half and for ordinary hours worked
between midnight on Saturday and midnight on Sunday, at the rate of time and
three-quarters. These extra rates shall
be in substitution for and not cumulative upon the shift premiums prescribed in
subclause (i) of this clause.
The foregoing paragraph shall apply to part-time
employees but such worker shall not be entitled to be paid in addition the
allowance of 15 per cent prescribed in paragraph (a) of subclause (i) of Part
II of the said clause 5, in respect of their employment between midnight on
Friday and midnight on Sunday.
10. Meals
(i) 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
his/her meal break such time shall count as part of his/her ordinary working
hours.
(ii) An employee
who works authorised overtime shall be paid in addition to payment for such
overtime:
(a) An amount set in
Item 3 of Table 1 for breakfast when commencing such overtime work at or before
6.00 a.m.;
(b) An amount set in
Item 4 of 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 after 7.00 p.m.;
(c) An amount as set
in Item 5 of Table 1 for luncheon when such overtime extends beyond 2.00 p.m.
on Saturdays, Sundays or public holidays;
or shall be provided with adequate meals in lieu of
such payment. The rates prescribed by
this subclause shall be varied as the equivalent rates are varied from time to
time by the Regulation made under the Public Sector Employment and
Management Act 2002
(iii) Where
practicable employees shall not be required to work more than four hours
without a meal break.
11. Public Holidays
(i)
(a) Public holidays shall
be allowed to employees on full pay.
Where an employee is required to and does work on any of the holidays
set out in this subclause, 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, such payment
to be in lieu of weekend or shift allowances which would otherwise be payable
had the day not been a public holiday.
Provided that, if the employee so elects, he/she 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 holiday worked in lieu of the
provisions of the preceding paragraph.
(b) 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, Anzac Day,
Queen's Birthday, local Labour Day, Christmas Day, Boxing Day, and any other
day duly proclaimed and observed as a public holiday within the area in which
the hospital or health institution is situated.
(c) Shift workers
rostered off duty on a public holiday shall:
(1) be paid one
day's pay in addition to the weekly rate; or if the employees so elect,
(2) have one day
added to their period of annual leave.
(d) The election
referred to in paragraphs (a) and (c) of this subclause is to be made in
writing by the employee at the commencement of each year of employment and is
irrevocable during the currency of that year of employment.
(ii) In addition to
those public holidays prescribed in paragraph (b) of subclause (i) of this
clause, employees are entitled to an extra public holiday each year. Such public holiday will occur on a day in
the Christmas-New Year period as determined by the employer following
consultation with the 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 does not apply
in areas where in each year -
(a) A day in
addition to ten named public holidays specified in paragraph (b) of subclause
(i) is proclaimed and observed as a public holiday or
(b) Two half days in
addition to the ten named public holidays specified in paragraph (b) of
subclause (i) are proclaimed and observed as half public holidays.
(iii)
(a) A public holiday
as defined in paragraph (b) of subclause (i) and subclause (ii) of this clause
occurring on an ordinary working day shall be allowed to employees employed
pursuant to Part 1 of clause 5, Part-time Employees, without loss of pay, but each
such employee who is required to and does work on a public holiday shall have
one day or one-half day, as appropriate added to his/her period of annual leave
and be paid at the rate of one-half time extra for the time actually worked.
Such payment is in lieu of any additional rate for shift work or weekend work
which would be otherwise payable had the day not been a public holiday. In lieu
of adding to annual leave under this paragraph, an employee may elect to be
paid for the time actually worked at the rate of time and one-half in addition
to his/her ordinary weekly rate. Where payment is made in lieu of leave in
respect of time worked on a public holiday, payment shall be made for a minimum
of 4 hours work and any balance of the day of shift not worked shall be paid at
ordinary rates.
(b) The provisions
of subclauses (i) and (ii) of this clause shall apply to Part-time Employees
under Part II, Savings Provisions of the said clause 5, who work 30 hours or
more per week over 5 days per week provided that if such an employee is
required to and does work on a public holiday as defined in paragraphs (a) and
(b) of subclause (i) and subclause (ii) of this clause, he/she shall not be
entitled to be paid in addition the allowance of 15 per cent prescribed in paragraph
(a) of subclause (i) of Part II, Savings Provisions of the said clause 5, in
respect of such work.
(c) Subclauses (i)
and (ii) of this clause shall not apply to part-time employees engaged under
Part II of clause 5, Part-time Employees, of this award but each such employee
who is required to and does work on a public holiday as defined in the said
subclauses (i) and (ii) shall be paid at the rate of double time and one half
but such employee shall not be entitled to be paid in addition to the allowance
of 15 per cent as prescribed in Part II of the said clause 5, in respect of
such work.
12. Annual Leave
(i) All employees
see Annual Holidays Act 1944.
(ii)
(a)
(1) This subclause
does not apply to part-time employees employed under Part II of clause 5,
Part-time Employees.
(2) This subclause
will apply to employees employed under Part 1 of clause 5, Part-time Employees,
the additional annual leave shall be calculated based on contracted hours
worked.
(b) Employees who
are rostered to work their ordinary hours on Sundays and/or public holidays
during a 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 - proportionately calculated on
the basis of 38 hours leave for each 35 such shifts worked.
The calculations referred to above shall be made to the
nearest one-fifth of the ordinary hours worked, half or more than half of
one-fifth being regarded as one-fifth and less than half being
disregarded. Provided that an employee
entitled to additional annual leave by virtue of this subclause, may elect to be
paid an amount equivalent to the value of his/her additional leave entitlement,
in lieu of taking the additional leave.
Such election is to be made in writing by the employee at the
commencement of each year of employment and is irrevocable during the currency
of that year of employment.
(c) Provided further
that on termination of employment shift workers shall be entitled to payment
for any untaken annual leave due under this subclause, together with payment
for any leave in respect of an uncompleted year of employment, calculated in
accordance with this subclause.
(iii) The employer
shall give to each employee three months' notice where practicable and not less
than one month's notice of the date upon which the employee shall enter upon
annual leave.
(iv) Shift workers, as
defined in clause 1, Definitions, of this award, shall be paid whilst on annual
leave their ordinary pay plus allowances and weekend penalties relating to
ordinary time the shift workers 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 11, Public Holidays,
of this award.
(v) Employees shall
be entitled to an annual leave loading of 17½ per cent, or shift penalties as
set out in subclause (iv) of this clause, whichever is the greater.
(vi) 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 2, 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 paragraph (b) of subclause
(ii) of this clause and subclause (i) of clause 11, Public Holidays, of this
award.
NOTATION - The conditions under which the annual leave
loading shall be paid to employees are the same as generally applied through
circulars issued by the Department of Health.
13. Long Service
Leave
(i)
(a) Each employee
shall be entitled to two months long service leave on full pay after ten years
of service; thereafter additional long service shall accrue on the basis of
five months long service leave on full pay for each ten years service.
Employees with at least seven years service and less
than 10 years service are entitled, proportionate to his or her length of
service, to proceed on a proportionate period of long service leave on the
basis of two months' long service leave for ten years' service on full pay.
(b) Where the
services of an employee with at least five years service and less than seven
years service are terminated by the employer for any reason other than the
employee's serious and wilful misconduct, or by the employee, on account of
illness, incapacity or domestic or other pressing necessity, he/she shall be
entitled to be paid a proportionate amount for long service leave on the basis
of two months' long service leave for ten years' service.
Where the services of an employee with at least seven
years are terminated by the employer or by the employee, he/she shall be
entitled to be paid a proportionate amount for long service leave on the basis
of two months' long service leave for ten years' service. Where the services of an employee with at
least 10 years service are terminated by the employer or by the employee,
he/she shall be entitled to be paid on the basis of two months' long service
leave for ten years' service and thereafter on the basis of five months long
service leave for each ten years service.
(ii) For the
purposes of subclause (i) of this clause:
(a) Service shall
mean continuous service with the employer.
For the purpose of this paragraph, continuous service will be determined
in accordance with the provisions of NSW Health Policy Directive PD2006_096
Staff Mobility, as amended from time to time.
(b) Broken periods
of service with the employer in one or more hospitals shall count as service.
(c) Service shall
not include -
(1) any period of
leave without pay except in the case of employees who have completed at least ten
years service (any period of absence without pay being excluded there from) in
which case service shall include any period of leave without pay not exceeding
six months taken after 1 January, 1973;
(2) any period of
part-time service arising from employment under Part II, of clause 5, Part-time
Employees, except as provided for in subclause (ix).
(iii) An employee
with an entitlement to long service leave may elect to access such entitlement:
(a) on full pay;
(b) on half pay; or
(c) on double pay.
(iv) When an
employee takes long service leave, the leave entitlement will be deducted on
the following basis:
(a) a period of
leave on full pay - the number of days so taken;
(b) a period of
leave on half pay - half the number of days so taken; or
(c) a period of
leave on double pay - twice the number of days so taken.
(v) When taking long
service leave and an employee would otherwise have had a rostered shift fall on
a public holiday during that period, the amount of long service leave to be
deducted is to be reduced by one day for the public holiday.
(vi) Long Service
Leave shall be taken at a time mutually arranged between the employer and the
employee.
(vii)
(a) On the termination
of employment of an employee, otherwise than by his/her death, an employer
shall pay to the employee the monetary value of all long service leave accrued
and not taken at the date of such termination and such monetary value shall be
determined according to the salary payable to the employee at the date of such
termination unless the employee elects to transfer his or her leave entitlement
in accordance with NSW Health Policy Directive PD2006_096 Staff Mobility, as
amended from time to time
(b) Where an
employee who has acquired a right to long service leave, or after having had
five years 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 5, 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 made 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 or permanent part-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 4, Climatic and Isolation Allowance, applies,
prior to 1 January 1973;
(2) Is employed in a
hospital, to which clause 4, 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 (ix) 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.
14. 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,
however, that the employer may dispense with the requirements of a medical
certificate where the absence does not exceed two (2) consecutive days or where
in the employer's opinion the circumstances are such as not to 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 that 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 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 paragraph (a) of subclause (ii) of clause 13, 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) employees 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 of the
absence. Where practicable such notice
shall be given within twenty-four hours of the commencement of such absence.
(ii) A part-time
employee as defined in Part I and Part II of clause 5, Part-time Employees
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 employment, which ever is the lesser, bears to 38
ordinary hours of one week. Such
entitlement 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 workers' compensation; provided, however,
that 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 1 July 1984, sick
leave entitlement shall be proportioned on the basis of 76:80.
(v) Subject to the
provision of a satisfactory medical certificate and sick leave being due,
annual leave or long service leave shall be recredited where an illness of at least
one week's duration occurs during the period of annual or long service leave
provided that the period of leave does not occur prior to retirement,
resignation or termination of services and provided further that the employer
is satisfied on the circumstances and the nature of the incapacity.
15. Payment and
Particulars of Salary
(i) All salaries
and other payments shall be paid fortnightly provided that payment for any
overtime and/or shift penalties worked may be deferred to the pay day next
following the completion of the working cycle within which such overtime and/or
shift penalties is worked, but for no longer.
(ii) Employees
shall have their salary paid into one account with a bank or other financial
institution in New South Wales as nominated by the employee. Salaries shall be deposited the employer in
sufficient time to ensure that wages are available for withdrawal by employees
by no later than payday, provided that this requirement shall not apply where
employees nominate accounts with non-bank financial institutions which lack the
technological or other facilities to process salary deposits within 24 hours of
the employer making their deposits with such financial institutions but in such
cases the employer shall take all reasonable steps to ensure that the wages of
such employees are available for withdrawal by no later than payday.
(iii) Notwithstanding
the provisions of subclause (ii), of this clause, an employee who has been
given notice of termination of employment, in accordance with clause 16,
Termination of Employment, of this award shall be paid all moneys due to
him/her prior to ceasing duty on the last day of employment.
Where an employee is dismissed or his/her services are
terminated without due notice, in accordance with the said clause 16, any
moneys due to him/her shall be paid as soon as possible after such dismissal or
termination but in any case not more than three days thereafter.
(iv) On each 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 number of hours of overtime worked, if
any, the amount of any overtime payment, the amount of any other moneys paid
and the purpose for which they are paid and the amount of the deductions made
from total earnings and the nature thereof.
(v) Where
retrospective adjustments of wages are paid to employees, such payments where
practical shall be paid as a separate payment to ordinary salary. Such payment shall be accompanied by a
statement containing particulars as set out in subclause (iv) of this clause.
(vi) Employees with
a credit of time accrued towards an allocated day off duty shall be paid for
such accrual upon termination.
(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.
16. Termination of
Employment
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 28 days notice
given either by the employer or the employee or by payment or forfeiture of 28
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.
17. Accommodation and
Amenities
(i) Suitable dining
room accommodation and lavatory convenience shall be provided for all resident
and non-resident employees.
(ii) In all
hospitals erected after 1 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 day.
(iii) The following
outlines the minimum standards which the employer seeks to achieve in all
hospitals:
(1) 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 have floors, walls and ceilings finished with a smooth surface
resistant to moisture.
(2) Washing and
Bathing Facilities -
(a) Washing
provision by way of basins of suitable impervious material with taps set at 600
mm centres and with hot and cold water supplied, in the proportion of one hot
tap and one cold tap for each 15 employees or part of 15 employees of each
sex. Space in front of wash points to
be not less than 900 mm.
(b) Showers spaced
at not less than 900 mm centres and with hot and cold water connected for
persons ceasing work at any one time in a minimum ratio of one shower for every
20 persons or part of 20 persons of each sex ceasing work at any one time.
(c) Washing and
bathing facilities must be adequately lighted and ventilated; floors, walls and
ceilings finished with a smooth faced surface resistant to moisture.
(d) These facilities
must be incorporated in, or communicate directly with, the change room and
should not be contained within any closet block.
(3) Change Rooms and
Lockers -
(a) Properly
constructed and ventilated change room equipped with a vented steel locker, at
least 300 mm wide by 450 mm deep by 1800 mm high for each employee.
(b) Floor area not
less than 0.56 square metres per employee to be accommodated.
(c) Space between
lockers - set up facing one another not less than 1.5. metres. Traffic ways not less than 1 metre wide.
(d) Sufficient
seating not less than 260 mm wide by 380 mm high should be provided.
(e) Lockers should
be set up with at least 150 mm clearance between the floor of the locker and
the floor of the room. Lockers shall be
of the lock-up type with keys attached.
(4) Dining Room -
(a) Well
constructed, ventilated and adequately lighted dining room(s). Generally floor area should not be less than
1 square metre per employee using the meal room at any one time.
(b) Tables not more
than 1.8 metres long, spaced 1.2 metres apart allowing 600 linear millimetres
of table space per person.
(c) Chairs or other
seating with back rests. Sufficient
table 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.
(5) Rest Room -
A well constructed and adequately lighted and
ventilated rest 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 1 December 1976 for new hospitals.
(v) Where major
additions to presently occupied building or new building 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.
18. Inspection of
Lockers of Employees
Lockers may only 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.
19. Uniforms and
Protective Clothing
(i)
(a) Subject to
paragraph (c), of this subclause, sufficient suitable and serviceable uniforms shall
be supplied, free of cost, to each employee required to wear them, provided
that any 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, shall not be entitled to have such article replaced
without payment thereof at a reasonable price in the absence of a satisfactory
reason for the loss of such article or failure to produce such uniform or part
thereof.
(b) 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 by that employee immediately
prior to leaving.
(c) In lieu of
supplying a uniform to an employee required to wear such uniform, the employer
may pay to such employee the sum set in Item 6 of Table 1.
(d) If the uniform
of an employee is not laundered at the expense of the employer, an allowance as
set in Item 7 of Table 1 shall be paid to such employee.
(e) An employee who
works less than 38 hours shall be entitled to the allowances prescribed by this
clause in the same proportion as the average hours worked each week bears to 38
ordinary hours.
(ii) Employees
whose duties require them to work out of doors shall be supplied with
over-boots. Sufficient raincoats shall
also be made available for use by these employees.
(iii) Employees
whose duties require them to work in a hazardous situation with or near
machinery shall be supplied with appropriate protective clothing and equipment.
20. Promotions and
Appointments
(i) Promotion
and/or appointment shall be by merit, provided however that no employee with a
claim to seniority shall be passed over without having their claims considered.
(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 for
determination of the dispute.
21. New Positions
The employer may create any new position of a classification
not covered by the awards to which these conditions apply at any time and may
fix the remuneration thereof but in such circumstances the employer shall
advise the Union of such decision within 28 days and give an opportunity to the
representatives of the Union to confer with the representatives of the employer
as to the rate of wages so fixed for the duties to be performed and the hours
the employee is required to work.
22. Notice Boards
The hospital or health institution shall permit a notice
board of reasonable dimensions to be erected in a prominent position upon which
the Union representatives shall be permitted to post Union notices.
23. 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
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,
the excess hours, shall be paid at the ordinary rate of pay to the extent of
the excess of travelling time.
(c) Fares incurred
by such employee in excess of the fares normally incurred in travelling to the
employee’s accustomed place of work and returning home from the accustomed
place of work, shall be reimbursed.
(d) Where the
employee is required to report to an alternative place of work and has the
prior approval of the employer to travel by his/her own mode of conveyance, the
employee shall be paid a kilometre allowance for kilometres travelled in excess
of the kilometres the employee normally travels between the accustomed place of
work and home. The kilometre allowance
will be as prescribed from time to time by Regulation 50 of the Public Service
Regulation.
(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 sub-clause "reasonable notice" shall be one calendar
month prior to the date the employee is first required to report to the new
accustomed place of work.
(c) Where the
accustomed place of work is changed on a permanent basis by the employer, the
employee shall report to the new accustomed place of work on the date specified
by the employer.
(d) If there is a
disagreement about such decision after discussion or if a significant number of
employees are involved, the matter should be referred to the Department of
Health, which will discuss the matter with the Union and will determine the
date upon which notice will be given to employee(s).
(iv)
(a) The provisions
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,
with the prior approval of employer, travels by his/her own mode of conveyance
and incurs travelling costs in excess of *$5 per day to and from the relief site,
such excess shall be reimbursed. The
rate applicable shall be the kilometre allowance prescribed from time to time
by Regulation 50 of the Public Service
Regulations less *$5.
* This $5
shall be reviewed annually by the employer.
(v) No payment shall
be made under this clause unless the employer is satisfied that the employee
has incurred additional expenditure in having to report to the 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.
24. 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 Public Health Organisation or his/her nominee,
who will arrange for the matter to be discussed with the employee concerned and
a local representative or representatives of the Union.
(ii) Failing
settlement of the issue at this level, the matter shall be referred to the
Director-General and the Head Office of the Union. This dispute will then 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 a view to
an amicable and speedy settlement all disputes that cannot be settled in
accordance with subclauses (i) and (ii) of this Clause may be submitted to a
committee consisting of not more than six members, with equal representatives
of the Director-General and the Union.
Such committee shall have the power to investigate all matters in
dispute and to report to the Public Health Organisation 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 party to institute proceedings
for the determination of any matter in accordance with the Industrial
Relations Act 1996.
25. Family and
Community Services Leave and Personal/Carers’ Leave
(i) Family and
Community Services (FACS) Leave and Personal/Carer’s Leave are separate, stand
alone entitlements.
(ii) The provisions
outlined in Parts A and B of this clause are available to all employees covered
by this Award, other than casual employees as defined in subclause (iii) below.
(iii) Casual
employees as defined in the Health Industry Status of Employment (State) Award
are entitled to the provisions outlined in Part C of this clause.
A. FACS Leave
(i) FACS Leave -
General
(a) For the purpose
of this clause relating to FACS leave:
"relative" means a person related by blood,
marriage or affinity;
"affinity" means a relationship that one
spouse because of marriage has to blood relatives of the other; and
"household" means a family group living in
the same domestic dwelling.
(b) The employer may
grant FACS leave to an employee:
(1) to provide care
and/or support for sick members of the employee’s relatives or household; or
(2) for reasons
related to the family responsibilities of the employee (e.g. to arrange and or
attend a funeral of a relative; to accompany a relative to a medical
appointment where there is an element of emergency; parent/teacher meetings;
education week activities; to meet elder-care requirements of a relative); or
(3) for reasons
related to the performance of community service by the employee (e.g. in
matters relating to citizenship; to office holders in local government, other
than as a mayor, for attendance at meetings, conferences or other associated
duties; representing Australia or the State in major amateur sport other than
in Olympic/Commonwealth Games); or
(4) in a case of
pressing necessity (e.g. where an employee is unable to attend work because of
adverse weather conditions which either prevent attendance or threaten life or
property; the illness of a relative; where a child carer is unable to look
after their charge).
(ii) FACS leave
replaces compassionate leave.
(iii) An employee is
not to be granted FACS leave for attendance at court to answer a criminal
charge, unless the employer approves the grant of leave in the particular case.
Applications for FACS leave to attend court, for
reasons other than criminal charges, will be assessed on an individual basis.
(iv) FACS Leave -
entitlement
(a) The maximum
amount of FACS leave on full pay that may be granted to an employee is:
(1) 3 working days
during the first year of service, commencing on and from 1 January 1995, and
thereafter 6 working days in any period of 2 years; or
(2) 1 working day,
on a cumulative basis effective from 1 January 1995, for each year of service after
2 years’ continuous service, minus any period of FACS leave already taken by
the employee since 1 January 1995,
whichever method provides the greater entitlement.
(b) For the purposes
of calculating entitlements under (vi)(a)(1) and (2) above, a working day for
employees working 38 hours per week shall be deemed to consist of 8 hours, and
a working day for employees working 35 hours per week shall be deemed to
consist of 7 hours. The rate at which
FACS leave is paid out and utilised shall be on actual hours absent from a
rostered shift.
Example A: An
employee working 38 hours per week will have an entitlement, in their first
year of employment, to 24 hours of FACS leave.
If the employee take FACS leave for a full 10 hour shift, the employee
would be debited 10 hours of FACS leave.
Example B: An
employee working 35 hours per week will have an entitlement, in their first
year of employment, to 21 hours of FACS leave.
If the employee takes FACS leave for a full 7 hour shift, the employee
would be debited 7 hours of FACS leave.
Example C: An
employee, employed prior to 1 January 1995, applies for FACS leave on 20
February 1997. The employee is entitled
to 6 days in any period of two years.
Therefore, to calculate the employee’s available FACS leave as at 20
February 1997, add all FACS leave taken from 21 February 1995 to 20 February
1997 and deduct that amount from the 6 days entitlement.
(c) FACS leave is
available to part-time employees on a pro rata basis, based on the average
number of hours worked per week. A
working day shall consist of one-fifth of the employee’s average weekly hours
during the preceding 12 months or during the employee’s period of employment,
whichever is the lesser period.
Example: An
employee working an average of 30 hours per week will have an entitlement, in
his/her first year of employment, of 18 hours of FACS leave. If the employee takes FACS leave for a full
rostered shift eg of 4 hours, the employee would be debited 4 hours of FACS
leave. Likewise, if the employee was rostered for 8 hours and was absent for
the full 8 hours on FACS leave, he/she would be debited 8 hours of FACS leave.
(v) Additional FACS
leave for bereavement purposes
Where FACS leave has been exhausted, additional FACS
leave of up to 2 days for bereavement may be granted on a discrete, "per
occasion" basis to an employee on the death of a relative or member of a
household as defined in subclause (i) (a) of Part A of this clause.
(vi) Use of other
leave entitlements
The employer may grant an employee other leave
entitlements for reasons related to family responsibilities or community
service, by the employee.
An employee may elect, with the consent of the
employer, to take annual leave; long service leave; or leave without pay.
B. Personal/Carer’s
Leave
(i) Use of sick
leave to care for the person concerned - definitions
A person who needs the employee’s care and support is
referred to as the "person concerned" and is:
(a) a spouse of the
employee; or
(b) a de facto spouse,
who, in relation to a person, is a person of the opposite sex to the first
mentioned person who lives with the first mentioned person as the husband or
wife of that person on a bona fide domestic basis although not legally married
to that person; or
(c) a child or an
adult child (including an adopted child, a step child, a foster child or an ex
nuptial child), parent (including a foster parent and legal guardian),
grandparent, grandchild or sibling of the employee or spouse or de facto spouse
of the employee; or
(d) a same sex
partner who lives with the employee as the de facto partner of that employee on
a bona fide domestic basis; or
(e) a relative of
the employee who is a member of the same household, where for the purpose of
this clause relating to Personal/Carer’s Leave:
"relative" means a person related by blood,
marriage or affinity;
"affinity" means a relationship that one
spouse because of marriage has to blood relatives of the other; and
"household" means a family group living in the
same domestic dwelling.
(ii) Use of sick
leave to care for the person concerned - entitlement
(a) The entitlement
to use sick leave in accordance with this subclause is subject to:
(1) the employee
being responsible for the care and support of the person concerned; and
(2) the person
concerned being as defined in subclause (i) of Part B of this clause.
(b) Other than a
casual or any other employee who receives a loading in lieu of sick leave, an employee
with responsibilities in relation to a person who needs their care and support
shall be entitled to use the untaken sick leave, from that year’s annual sick
leave entitlement, to provide care and support for such persons when they are
ill.
(c) Sick leave
accumulates from year to year. In
addition to the current year’s grant of sick leave available under (b) above,
sick leave untaken from the previous 3 years may also be accessed by an
employee with responsibilities in relation to a person who needs their care and
support.
(d) The employer
may, in special circumstances, make a grant of additional sick leave. This grant can only be taken from sick leave
untaken prior to the period referred to in subclause (c) above.
(e) The employee
shall, if required, establish either by production of a medical certificate or
statutory declaration that the illness of the person concerned is such as to
require care by another person.
(f) The employee
has the right to choose the method by which the ground for leave is
established, that is, by production of either a medical certificate or
statutory declaration.
(g) The employee is
not required to state the exact nature of the relevant illness on either a
medical certificate or statutory declaration.
(h) The employee
shall, wherever practicable, give the employer notice prior to the absence of
the intention to take leave, the name of the person requiring care and that
person’s relationship to the employee, the reasons for taking such leave and
the estimated length of absence. If it
is not practicable for the employee to give prior notice of absence, the
employee shall notify the employer by telephone of such absence at the first
opportunity on the day of absence.
(i) In normal
circumstances, the employee must not take leave under this part where another
person has taken leave to care for the same person.
(iii) Use of other
leave entitlements
An employee may elect, with the consent of the
employer, to take:
(a) annual leave,
including annual leave not exceeding 10 days in single day periods or part
thereof, in any calendar year at a time or times agreed by the parties. An employee and employer may agree to defer
payment of the annual leave loading in respect of single day absences, until at
least 5 consecutive annual leave days are taken. An employee may elect with the employer’s agreement to take
annual leave at any time within a period of 24 months from the date at which it
falls due.
(b) long service
leave; or
(c) leave without
pay for the purpose of providing care and support to the person concerned as
defined in subclause (i) of Part B of this clause.
(iv) Time off in lieu
of payment of overtime
(a) An employee may
elect, with the consent of the employer, to take time off in lieu of payment of
overtime at a time or times agreed with the employer within 12 months of the
said election
(b) Overtime taken
as time off during ordinary time shall be taken at the ordinary time rate, that
is, one hour off for each hour of overtime worked.
(c) If, having
elected to take time as leave in accordance with (iv)(a) above and the leave is
not taken for whatever reason, payment for time accrued at overtime rates shall
be made at the expiry of the twelve 12 month period from the date the overtime
was worked, or earlier by agreement, or on termination.
(d) Where no
election is made in accordance with paragraph (iv)(a) above, the employee shall
be paid overtime rates in accordance with the provisions of clause 8, 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 2 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 carers
entitlement for casual employees
(a) Subject to the
evidentiary and notice requirements in subclauses (ii)(e) - (h) of Part B of
this clause casual employees are entitled to not be available to attend work,
or to leave work if they need to care for a person prescribed in subclause (i)
of Part B of this clause who are sick and require care and support, or who
require care due to an unexpected emergency, or the birth of a child.
(b) The employer and
the employee shall agree on the period for which the employee will be entitled
to not be available to attend work. In
the absence of agreement, the employee is entitled to not be available to
attend work for up to 48 hours (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.
26. General
Conditions
An employee required to answer emergency telephone 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 an employee required to answer out of hours telephone
calls on a relief basis shall be paid one-twelfth of the yearly telephone
rental for each month or part thereof so employed.
27. Maternity, Adoption
and Parental Leave
A. Maternity Leave
(i) Eligibility for
Paid Maternity Leave
To be eligible for paid maternity leave a full time or
permanent part-time employee must have completed at least 40 weeks continuous
service prior to the expected date of birth.
An employee who has once met the conditions for paid
maternity leave will not be required to again work the 40 weeks continuous
service in order to qualify for a further period of paid maternity leave,
unless-
(a) there has been a
break in service where the employee has been re-employed or re-appointed after
a resignation, medical retirement, or after her services have been otherwise
dispensed with: or
(b) the employee has
completed a period of leave without pay of more than 40 weeks. In this context, leave without pay does not
include sick leave without pay, maternity leave without pay, or leave without
pay associated with an illness or injury compensable under the Workers'
Compensation Act.
(ii) Portability of
Service for Paid Maternity Leave
Portability of service for paid maternity leave
involves the recognition of service in public sector organisations for the
purpose of determining an employee's eligibility to receive paid maternity
leave. For example, where an employee
moves between a Public Sector Department and a public hospital, previous
continuous service will be counted towards the service prerequisite for paid
maternity leave.
When determining an employee's eligibility for paid
maternity leave, continuous service with an organisation that is part of the
public sector service as defined in the Public Sector Employment and Management
Act 2002 will be recognised, provided that:
(a) service was on a
full-time or permanent part-time basis:
(b) cessation of service
with the former employer was not by reason of dismissal on any ground, except
retrenchment or reduction of work;
(c) the employee
immediately commences duty with the new employer. There may be a break in service of up to two months before
commencing duty with the new employer.
However, such a break in service will not be counted as service for the
purpose of calculating any prior service prerequisite for paid maternity leave.
(iii) Entitlement to
Paid Maternity Leave
An eligible employee is entitled to fourteen weeks at
the ordinary rate of pay from the date maternity leave commences. This leave may commence up to fourteen weeks
prior to the expected date of birth.
It is not compulsory for an employee to take this
period off work. However, if an employee decides to work during the nine weeks
prior to the date of birth it is subject to the employee being able to
satisfactorily perform the full range of normal duties.
Paid maternity leave may be paid:
- on a
normal fortnightly basis; or
- in advance
in a lump sum; or
- at the
rate of half pay over a period of twenty-eight weeks on a regular fortnightly
basis.
Annual and/or long service leave credits can be
combined with periods of maternity leave on half pay to enable an employee to
remain on full pay for that period.
(iv) Unpaid Maternity
Leave
(a) Full time and
permanent part time employees who are entitled to paid maternity leave are
entitled to a further period of unpaid maternity leave of not more than 12
months after the actual date of birth.
(b) Full time and
permanent part time employees who are not eligible for paid maternity leave are
entitled to unpaid maternity leave of not more than 12 months.
(v) Applications
An employee who intends to proceed on maternity leave should
formally notify her employer of such intention as early as possible, so that
arrangements associated with her absence can be made.
Written notice of not less than eight weeks prior to
the commencement of the leave should accordingly be given. This notice must include a medical
certificate stating the expected date of birth and should also indicate the
period of leave desired.
(vi) Variation after
Commencement of Leave
After commencing maternity leave, an employee may vary
the period of her maternity leave once only without the consent of her employer
by giving the employer notice in writing of the extended period at least
fourteen days’ before the start of the extended period. An employer may accept
less notice if convenient.
An employee may extend the period of maternity leave at
any time with the agreement of the employer.
The conditions relating to variation of maternity leave
are derived from Section 64 of the Industrial Relations Act 1996.
(vii) Staffing
Provisions
In accordance with obligations established by the Industrial
Relations Act 1996 (Section 69) any person who occupies the position of an
employee on maternity leave must be informed that the employee has the right to
return to her former position. Additionally, since an employee has the right to
vary the period of her maternity leave, offers of temporary employment should
be in writing, stating clearly the temporary nature of the contract of
employment. The duration of employment
should be also set down clearly; to a fixed date or until the employee elects
to return to duty, whichever occurs first.
(viii) Effect of
Maternity Leave on Accrual of Leave, Increments etc.
When the employee has resumed duties, any period of
full pay leave is counted in full for the accrual of annual leave, sick leave
and long service leave and any period of maternity leave on half pay is taken
into account to the extent of one half thereof when determining the accrual of
annual leave, sick leave and long service leave.
Except in the case of employees who have completed ten
years' service the period of maternity leave without pay does not count as
service for long service leave purposes.
Where the employee has completed ten years' service the period of
maternity leave without pay shall count as service provided such leave does not
exceed six months.
Maternity leave without pay does not count as service
for incremental purposes. Periods of
maternity leave at full pay and at half pay are to be regarded as service for
incremental progression on a pro-rata basis.
Where public holidays occur during the period of paid
maternity leave, payment is at the rate of maternity leave received i.e.,
public holidays occurring in a period of full pay maternity leave are paid at
full rate and those occurring during a period of half pay leave are paid at
half rate.
(ix) Illness
Associated with Pregnancy
If, because of an illness associated with her pregnancy
an employee is unable to continue to work then she can elect to use any available
paid leave (sick, annual and/or long service leave) or to take sick leave
without pay.
Where an employee is entitled to paid maternity leave,
but because of illness, is on sick, annual, long service leave, or sick leave
without pay prior to the birth, such leave ceases nine weeks prior to the
expected date of birth. The employee
then commences maternity leave with the normal provisions applying.
(x) Transfer to a
More Suitable Position
Where, because of an illness or risk associated with
her pregnancy, an employee cannot carry out the duties of her position, an
employer is obliged, as far as practicable, to provide employment in some other
position that she is able to satisfactorily perform. This obligation arises from Section 70 of the Industrial
Relations Act 1996. A position to which an employee is transferred under these
circumstances must be as close as possible in status and salary to her
substantive position.
(xi) Miscarriages
In the event of a miscarriage any absence from work is
to be covered by the current sick leave provisions
(xii) Stillbirth
In the case of a stillbirth, (as classified by the
Registry of Births, Deaths and Marriages) an employee may elect to take sick
leave, subject to production of a medical certificate, or maternity leave. She may resume duty at any time provided she
produces a doctor's certificate as to her fitness.
(xiii) Effect of
Premature Birth on Payment of Maternity Leave
An employee who gives birth prematurely and prior to
proceeding on maternity leave shall be treated as being on maternity leave from
the date leave is commenced to have the child.
Should an employee return to duty during the period of paid maternity
leave, such paid leave ceases from the date duties are resumed.
(xiv) Right to Return
to Previous Position
In accordance with the obligations set out in Section
66 of the Industrial Relations Act 1996, an employee returning from
maternity leave has the right to resume her former position.
Where this position no longer exists the employee is
entitled to be placed in a position nearest in status and salary to that of her
former position and to which the employee is capable or qualified.
(xv) Further Pregnancy
While on Maternity Leave
Where an employee becomes pregnant whilst on maternity leave
a further period of maternity leave shall be granted. If an employee enters on
the second period of maternity leave during the currency of the initial period
of maternity leave, then any residual maternity leave from the initial
entitlement ceases.
An employee who commences a subsequent period of
maternity leave while on unpaid maternity leave under subclause (iv)(a) of Part
A of this clause or subclause (i)(b) of Part D of this clause is entitled to be
paid at their normal rate (ie the rate at which they were paid before
proceeding on maternity leave).
An employee who commences a subsequent period of
maternity leave during the first 12 months of a return to duty on a part time
basis as provided under subclause (i)(c) of Part D of this clause is entitled
to be paid at their substantive full time rate for the subsequent period of
maternity leave.
An employee who commences a subsequent period of
maternity leave more than 12 months after returning to duty on a part time
basis under subclause (i)(c) of Part D of this clause, will be entitled to paid
maternity leave for the subsequent period of maternity leave at their part time
rate.
B. Adoption Leave
(i) Eligibility
All full time and permanent part time employees who are
adopting a child and are to be the primary care giver of the child are eligible
for unpaid adoption leave.
To be eligible for paid adoption leave a full time or
permanent part-time employee must also have completed at least 40 weeks
continuous service prior to the date of taking custody of the child.
An employee who has once met the conditions of paid
adoption leave, will not be required to again work the 40 weeks continuous
service in order to qualify for further periods of paid adoption leave, unless
(a) there has been a
break in service where the employee has been re-employed or re-appointed after
a resignation, medical retirement, or after their services have been otherwise
dispensed with; or
(b) the employee has
completed a period of leave without pay of more than 40 weeks. In this context, leave without pay does not
include sick leave without pay, maternity leave without pay, or leave without
pay associated with an illness or injury compensable under the Worker's
Compensation Act.
(ii) Portability of
Service for Paid Adoption Leave
As per maternity leave conditions.
(iii) Entitlement
(a) Paid Adoption
Leave
Eligible employees are entitled to paid adoption leave
of fourteen weeks at the ordinary rate of pay from and including the date of
taking custody of the child.
Paid adoption leave may be paid:
on a
normal fortnightly basis; or
in advance in a lump sum; or
at the rate of half pay over a period of twenty-eight
weeks on a regular fortnightly basis.
Annual and/or long service leave credits can be
combined with periods of adoption leave at half pay to enable an employee to
remain on full pay for that period.
(b) Unpaid Adoption
Leave
Eligible employees are entitled to unpaid adoption
leave as follows:
where the child is under the age of 12 months - a period
of not more than 12 months from the date of taking custody;
where the child is over the age of 12 months and under
18 years old - a period of up to 12 months, such period to be agreed upon by
both the employee and the employer.
(iv) Applications
Due to the fact that an employee may be given little
notice of the date of taking custody of a child, employees who believe that, in
the reasonably near future, they will take custody of a child, should formally
notify the employer as early as practicable of the intention to take adoption
leave. This will allow arrangements
associated with the adoption leave to be made.
(v) Variation after
Commencement of Leave
After commencing adoption leave, an employee may vary
the period of leave, once without the consent of the employer and otherwise
with the consent of the employer. A minimum of fourteen days’ notice must be
given, although an employer may accept less notice if convenient.
(vi) Staffing
Provisions
As per maternity leave conditions.
(vii) Effect of
Adoption Leave on Accrual of Leave, Increments, etc
As per maternity leave conditions.
(viii) Right to Return
to Previous Position
As per maternity leave conditions.
C. Parental Leave
(i) Eligibility
To be eligible for parental leave a full time or
permanent part-time employee must have completed at least 40 weeks continuous
service prior to the expected date of birth or to the date of taking custody of
the child.
An employee who has once met the conditions for paid
parental leave will not be required to again work the 40 weeks continuous
service in order to qualify for a further period of paid parental leave,
unless-
(a) there has been a
break in service where the employee has been re-employed or re-appointed after a
resignation, medical retirement, or after their services have been otherwise
dispensed with: or
(b) the employee has
completed a period of leave without pay of more than 40 weeks. In this context, leave without pay does not
include sick leave without pay, maternity leave without pay, or leave without
pay associated with an illness or injury compensable under the Workers'
Compensation Act 1987.
(ii) Portability of
Service for Paid Parental Leave
As per maternity leave conditions.
(iii) Entitlements
Eligible employees whose spouse or partner (including a
same sex partner) is pregnant or is taking custody of a child, are entitled to
a period of leave not exceeding 52 weeks, which includes one week of paid
leave, and may be taken as follows:
(a) an unbroken
period of up to one week at the time of the birth of the child, taking custody
of the child or other termination of the pregnancy (short parental leave), and
(b) a further
unbroken period in order to be the primary caregiver of the child (extended parental
leave).
(c) The entitlement
of one week’s paid leave may be taken at anytime within the 52 week period and
shall be paid:
at the
employees ordinary rate of pay for a period not exceeding one week on full pay,
or
two weeks at half pay or the period of parental leave
taken, whichever is the lesser period.
(d) Extended
parental leave cannot be taken at the same time as the employee’s spouse or
partner is on maternity or adoption leave except as provided for in subclause
(i)(a) of Part D Right to Request of this clause.
Annual and/or long service leave credits can be
combined with periods of parental leave on half pay to enable an employee to
remain on full pay for that period.
(iv) Applications
An employee who intends to proceed on parental leave
should formally notify their employer of such intention as early as possible,
so that arrangements associated with their absence can be made.
(a) In the case of
extended parental leave, the employee should give written notice of the
intention to take the leave.
(b) The employee
must, at least four weeks before proceeding on leave, give written notice of
the dates on which they propose to start and end the period of leave, although
it is recognised in situations of taking custody of a child, little or no
notice may be provided to the employee. In such an instance, the employee
should notify the employer as early as practicable.
(c) The employee
must, before the start of leave, provide a certificate from a medical
practitioner confirming that their spouse or partner is pregnant and the
expected date of birth, or in the case of an adoption, an official form or
notification on taking custody of the child.
(d) In the case of
extended parental leave, the employee must, before the start of leave, provide
a statutory declaration by the employee stating:
(1) if applicable,
the period of any maternity leave sought or taken by his spouse, and
(2) that they are
seeking the period of extended parental leave to become the primary care giver
of the child.
(v) Variation after
Commencement of Leave -
After commencing parental leave, an employee may vary
the period of her/his parental leave, once without the consent of the employer
and otherwise with the consent of the employer. A minimum of fourteen days’ notice must be given, although an
employer may accept less notice if convenient.
(vi) Effect of
Parental Leave on Accrual of Leave, Increments etc.
As per maternity leave conditions.
(vii) Right to Return
to Previous Position
As per maternity leave conditions.
D. Right to Request
(i) An employee
entitled to maternity, adoption or parental leave may request the employer to
allow the employee:
(a) to extend the
period of simultaneous maternity, adoption or parental leave use up to a
maximum of eight weeks;
(b) to extend the
period of unpaid maternity, adoption or extended parental leave for a further
continuous period of leave not exceeding 12 months;
(c) to return from a
period of maternity, adoption or parental leave on a part time basis until the
child reaches school age;
to assist the employee in reconciling work and parental
responsibilities.
(ii) The employer
shall consider the request having regard to the employee’s circumstances and,
provided the request is genuinely based on the employee’s parental responsibilities,
may only refuse the request on reasonable grounds related to the effect on the
workplace or the employer’s business.
Such grounds might include cost, lack of adequate replacement staff,
loss of efficiency and the impact on customer service.
(iii) The employee’s
request and the employer’s decision made under subclauses (i)(b) and (c) must
be recorded in writing.
(iv) Where an
employee wishes to make a request under subclause (i)(c):
(a) the employee is
to make an application for leave without pay to reduce their full time weekly
hours of work
(b) such application
must be made as early as possible to enable the employer to make suitable
staffing arrangements. At least four
weeks notice must be given;
(c) salary and other
conditions of employment are to be adjusted on a basis proportionate to the
employee’s full time hours of work ie 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 5, Part II, 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
made 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.
28. Union
Representative
An employee appointed Union Representative shall upon
notification thereof in writing, to the employer, be recognised as the
accredited representative of the Union and shall be allowed the necessary time,
during working hours, to interview the employer on matters affecting employees.
29. Blood Count
Those employees who are regularly required to assist and/or
work with a radiologist and/or radiographer in close proximity to diagnostic
and/or therapeutic X-ray machines or any other form of radioactive radiators
shall have blood counts carried out every three monthly upon making application
therefore to the employer.
30. 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 included in the Third Schedule to the Health Services Act
1997.
31.
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.
32. Redundancy -
Managing Displaced Employees
Employees shall be entitled to the provisions of Health
Department Policy Directive 2007_085 - Managing Displaced Staff of the NSW
Health Service, as amended from time to time.
33. Labour
Flexibility
(i) An employer may
direct an employee to carry out such duties as are reasonable and within the
limits of the employee's skill, competence and training consistent with
employee's classification, grouping and/or career stream provided that such
duties are not designed to promote deskilling.
(ii) An employer
may direct an employee to carry out such duties and use such tools and
equipment as may be required provided that the employee has been properly
trained or has otherwise acquired the necessary skills in the use of such tools
and equipment.
(iii) Any direction
issued by an employer pursuant to sub-clause (i) and (ii) shall be consistent
with the employer's responsibilities to provide a safe and healthy working environment.
(iv) Existing
provisions with respect to the payment of higher duties allowances shall apply
in such circumstances.
34. Salary Packaging
(i) By agreement
with their employer, employees may elect to package part or all of their salary
in accordance with this clause, to obtain a range of benefits as set out in the
NSW Health Services Salary Packaging Policy and Procedure Manual, as amended
from time to time. Such election must be made prior to the commencement of the
period of service to which the earnings relate. Where an employee also elects
to salary sacrifice to superannuation under this award, the combined amount of
salary packaging/sacrificing may be up to 100 per cent of salary.
Any salary packaging above the fringe benefit exemption
cap will attract fringe benefits tax as described in paragraph (iv) below.
(ii) Where an
employee elects to package an amount of salary:
(a) Subject to
Australian taxation law, the packaged amount of salary will reduce the salary
subject to PAYE taxation deductions by that packaged amount.
(b) Any allowance,
penalty rate, overtime payment, payment for unused leave entitlements, weekly
workers’ compensation, or other payment other than any payment for leave taken
in service, to which an employee is entitled under this award or statute which
is expressed to be determined by reference to an employee’s salary, shall be
calculated by reference to the salary which would have applied to the employee
under the relevant salaries 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 the appropriate
salaries award, and which shall include ‘approved employment benefits’ which
refer to fringe benefit savings, administration costs, and the value of
packaged benefits.
(iii) Any pre-tax
and post-tax payroll deductions must be taken into account prior to determining
the amount of available salary to be packaged. Such payroll deductions may
include but are not limited to superannuation payments, HECS payments, child
support payments, judgement debtor/ garnishee orders, union fees, and private
health fund membership fees.
(iv) The salary
packaging scheme utilises a fringe benefit taxation exemption status conferred
on public hospitals and area health services, which provides for a fringe
benefit tax exemption cap of $17,000 per annum. The maximum amount of fringe
benefits-free tax savings that can be achieved under the scheme is where the
value of benefits when grossed-up, equal the fringe benefits exemption cap of
$17,000. Where the grossed-up value exceeds the cap, the employer is liable to
pay fringe benefits tax on the amount in excess of $17,000, but will pass this
cost on to the employee. The employer’s share of savings, the combined
administration cost, and the value of the package benefits, are deducted from
pre-tax dollars.
(v) The parties
agree that the application of the fringe benefits tax exemption status
conferred on public hospitals and area health services is subject to prevailing
Australian taxation laws.
(vi) If an employee
wishes to withdraw from the salary packaging scheme, the employee may only do
so in accordance with the required period of notice as set out in the Salary
Packaging Policy and Procedure Manual.
(vii) Where an
employee ceases to salary package, arrangements will be made to convert the
agreed package amount to salary. Any costs associated with the conversion will
be borne by the employee, and the employer shall not be liable to make up any
salary lost as a consequence of the employee’s decision to convert to salary.
(viii) Employees
accepting the offer to salary package do so voluntarily. Employees are advised
to seek independent financial advice and counselling to apprise them of the
implications of salary packaging on their individual personal financial
situations.
(ix) The employer
and the employee shall comply with the procedures set out in the NSW Health
Services Salary Packaging Policy and Procedure Manual as amended from time to
time.
35. Salary Sacrifice
to Superannuation
(i) Notwithstanding
the salaries prescribed in the relevant salary awards 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 relevant award 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 35. Salary Packaging, of this award may be made up to one hundred
(100) per cent of the salary payable under the relevant 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 of
the relevant award 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 (vi) above, the employer will
continue to base contributions to that fund on the salary payable under the
relevant salaries 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.
36. Reasonable Hours
(i) Subject to
sub-clause (ii) an employer may require an employee to work reasonable overtime
at overtime rates unless or as otherwise provided for under the award.
(ii) An employee
may refuse to work overtime in circumstances where the working of such overtime
would result in the employee working hours which are unreasonable.
(iii) For the
purposes of sub-clause (ii) what is unreasonable or otherwise will be
determined having regard to:
(a) any risk to
employee health and safety.
(b) The employee’s
personal circumstances including any family and carer responsibilities.
(c) The needs of the
workplace or enterprise.
(d) The notice (if
any) given by the employer of the overtime and by the employee of his or her
intention to refuse it; and
(e) Any other
relevant matter.
37. No Extra Claims
The Memorandum of Understanding between the employer and the
Union dated 23 September 2008 establishes the extent of any further claims that
may be pursued by the Union as set down in Clause 9, Leave Reserved, of that
Memorandum.
38. Induction and
Orientation
The employer agrees that Orientation/Induction shall be
provided to all employees covered by this award. The employer further agrees
that the Union shall have up to one half-hour made available for a presentation
on the role of the Union in such a program provided to employees. If such
programs are provided to employees by electronic or remote means, the Union’s
presentation and associated literature will also be included.
39. Area, Incidence
and Duration
(i) This Award
rescinds and replaces the Public Hospital Professional and Associated Staff
Conditions of Employment (State) Award published 3 March 2006 (357 I.G. 708)
and all variations thereof.
(ii) This Award
shall apply to persons employed in classifications contained herein in the
following so listed awards, employed in the NSW Health Service under section
115(1) of the Health Services Act 1997, or their successors, assignees
or transmittees, excluding the County of Yancowinna.
Health and Community Employees Psychologists (State)
Award
Health Employees Dental Officers (State) Award
Health Employees Dental Prosthetists and Dental
Technicians (State) Award
Health Employees Oral Health Therapists (State) Award
NSW Health Service Health Professionals (State) Award,
excluding diversional therapists and orthotists/prosthetists
Public Hospital Dental Assistants (State) Award
Public Hospital Library Staff (State) Award
Public Hospital Medical Record Librarians (State) Award
Public Hospital Professional Engineers (Biomedical Engineers)
(State) Award
(iii) This Award
takes effect from 12 November 2008, and shall remain in force until 30 June
2011.
PART B
Table 1 - Rates
and Allowances
Item
|
Clause
|
Description
|
Rate from
|
Rate from
|
Rate from
|
No.
|
No.
|
|
1.7.2008
|
1.7.2009
|
1.7.2010
|
|
|
|
$
|
$
|
$
|
1
|
4 (i)
|
Allowances for persons employed in
|
3.40 p/week
|
3.40 p/week
|
3.40 p/week
|
|
|
hospitals or health institutions upon or
|
|
|
|
|
|
west of the line commencing at
|
|
|
|
|
|
Tocumwal, etc
|
|
|
|
2
|
4 (ii)
|
Allowance for persons employed in
|
6.80 p/week
|
6.80 p/week
|
6.80 p/week
|
|
|
hospitals or health institutions upon or
|
|
|
|
|
|
west of the line commencing at Murray
|
|
|
|
|
|
River etc.
|
|
|
|
3
|
10(ii)(a)
|
Breakfast Allowance
|
23.60
|
23.60
|
23.60
|
4
|
10(ii)(b)
|
Evening Meal Allowance
|
23.60
|
23.60
|
23.60
|
5
|
10(ii)(c)
|
Luncheon Allowance
|
23.60
|
23.60
|
23.60
|
6
|
19(i)(c)
|
Uniform Allowance (per week)
|
1.30
|
1.30
|
1.30
|
7
|
19(i)(d)
|
Laundering Allowance (per week)
|
2.60
|
2.60
|
2.60
|
8
|
8a(iv)
|
On call (per period)
|
7.00
|
7.30
|
7.60
|
|
|
On call (per week)
|
34.70
|
36.10
|
37.50
|
J.
McLEAY, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.