Public Health System Nurses' and Midwives' (State)
Award 2015
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by New South Wales Nurses and Midwives' Association, Industrial Organisation of Employees.
(Case No. 2016/00214564)
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Before Commissioner Tabbaa
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3 August 2016
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VARIATION
1. Delete paragraphs
(k) and (l) of subclause (v) of clause 4A, Multiple Assignments, of the award
published 14 August 2015 (377 (I.G. 1768) and insert in lieu thereof the
following:
(k) Where an
employee:
1. has elected to
receive the benefits set out in subclauses (ii)-(iv) of Part IV - Savings
Provisions of Clause 29, Part-time, Casual and Temporary Employees, in relation
to an assignment, and
2. after the date
this clause was inserted into the Award the employee commences in a second or
further permanent part time assignment and their combined total number of
ordinary hours worked in all assignments is less than those set out in
subclause (c) of this subclause;
subclauses (i)-(iv) of Part IV - Savings Provisions of
Clause 29, Part-time, Casual and Temporary Employees, shall cease to apply and
the employee will be a permanent part time employee for the purposes of the
Award.
(l) Where an
employee:
(1) has elected to
receive the benefits set out in subclauses (ii)-(iv) of Part IV - Savings
Provisions of Clause 29, Part-time, Casual and Temporary Employees, in relation
to an assignment, and
(2) his/her combined
total number of ordinary hours worked in all assignments is equal to or more
than those set out in subclause (c) of this subclause,
subclauses (i)-(iv) of Part IV - Savings Provisions of
Clause 29 Part-time, , Casual and Temporary Employees, shall not apply to any
of their assignments.
2. Delete
paragraph (d) of subclause (ii) of clause 20. Mobility, Excess Fares and
Travelling, and insert in lieu thereof the following:
(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 theirown mode of conveyance, the
employee shall be paid a kilometre allowance for kilometres travelled in excess
of the kilometres the employee normally travels between the accustomed place of
work and home. The kilometre allowance will be as prescribed by Item 6 of Table
1 of the Treasury Circular Industrial Relations NSW TC 15/17 Review of Meal,
Travelling and Other Allowances (as amended or replaced).
3. Delete
paragraph (c) of subclause (iv) of the said clause 20, and insert in lieu
thereof the following:
(c) Where a
reliever, with the prior approval of the employer, travels by their own mode of
conveyance and incurs travelling costs in excess of the amount as set in Item
12 per day to and from the relief site, such excess shall be reimbursed. The
rate applicable shall be the kilometre allowance prescribed by Item 6 of Table
1 of the Treasury Circular Industrial Relations NSW TC 15/17 Review of Meal,
Travelling and Other Allowances (as amended or replaced).
4. Delete clause
21, Car Allowance and insert in lieu thereof the following:
An employee who, with the approval of the Chief
Executive Officer or their nominee, uses on official business a motor vehicle
maintained primarily for other than official business, shall be paid an
allowance based on the rates prescribed by Item 6 of Table 1 of the Treasury
Circular Industrial Relations NSW TC 15/17 Review of Meal, Travelling and Other
Allowances (as amended or replaced).
5. Delete
paragraph (b) of subclause (ii) of clause 25, Overtime and insert in lieu
thereof the following:
(b) Employees
employed pursuant to Part 1 of Clause 29, Part Time, Casual and Temporary
Employees, (ie. Permanent Part-Time Employees) shall be entitled to payment for
overtime in accordance with the arrangements set out in NSW Health Policy
Directive PD2014_039 Nurses and Midwives - Permanent Part-time - Overtime
provisions for on call roster, as amended from time to time. Overtime shall be
paid for at the rate of time and one half for the first two hours and double
time thereafter except that on Sundays such overtime shall be paid for at the
rate of double time and on public holidays at the rate of double time and one
half.
6. Delete
paragraph (b) of subclause (vii) of the said clause 25, and insert in lieu
thereof the following:
(b) The allowance
per meal shall be the average of the allowances for breakfast, lunch and dinner
as determined by Item 19 of Table 1 of the Treasury Circular Industrial
Relations NSW TC 15/17 Review of Meal, Travelling and Other Allowances (as
amended or replaced)
7. Delete
subclause (iv) of clause 27, Payment and Particulars of Salaries and insert in
lieu thereof the following:
(iv) On each payday
an employee, in respect of the payment then due, shall be furnished with a
written statement containing the following particulars; employee’s name, the
amount of ordinary salary, the total number of hours of overtime worked, if
any, the amount of any overtime payment, the amount of any other monies paid
and the purpose for which they are paid, and the amount of the deductions made
from the total earnings and the nature thereof.
8. Delete subparagraph
(c) of pararagraph (iv) of subclause D, Right to Request of clause 34,
Maternity, Adoption and Parental Leave and insert in lieu thereof the
following:
(c) all requests
are to be considered having regard to the terms of NSW Health Policy Directive
No. 2014-029 Leave Matters for NSW Health Service, as amended from time to
time.
9. Delete clause
43, Medical Examination of Nurses and insert in lieu thereof the following:
43. Medical
Examination of Nurses
See NSW Health Policy Directives No PD2014-029 Leave
Matters for NSW Health Service andPD2015-026 Recruitment and Selection of Staff
to the NSW Health Service as amended from time to time.
10. Delete
subclause (i) of clause 51, Salary Packaging and insert in lieu thereof the
following:
(i) By agreement
with their employer, employees may elect to package a part or all of their
salary in accordance with this Clause, to obtain a range of benefits as set out
in NSW Policy Directive PD2016_009 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 finge benefits tax as described in paragraph (iv) below.
11. Delete Items 10
and 11, Climatic/Isolation from Table 2, Other Rates and Allowances of Part B
Monetary Rates and insert in lieu thereof the following:
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Item
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Clause
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Allowance
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1/07/2015
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1/07/2016
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Climatic/Isolation
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10
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14(i)
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Climatic Allowance - per week
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$3.65
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$3.70
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10
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14(ii)
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Isolation Allowance - per week
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$7.18
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$7.27
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11
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17(i)
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Special rate
for RN - Tibooburra and Ivanhoe Hospitals - Per
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$32.22
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$32.64
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week
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11
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17(i)
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Special rate
for EN, AIN - Tibooburra and Ivanhoe Hospitals
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$14.04
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$14.22
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- per week
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12. Delete Items 13
and 14, Uniform and Laundry Allowances from the said Table 2, and insert in
lieu thereof following:
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Item
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Clause
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Allowance
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1/07/2015
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1/07/2016
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Uniform and Laundry
Allowance
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13
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23(iii)(a)
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Uniform Allowance - per week
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$7.24
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$7.33
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13
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23(iii)(a)
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Shoes Allowance - per week
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$2.25
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$2.28
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13
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23(iii)(a)
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Uniform (including shoes allowance) - per week
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$9.49
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$9.61
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13
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23(iii)(a)
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Cardigan or Jacket Allowance - per week
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$2.17
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$2.20
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14
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23(iv)
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Laundry Allowance - per week
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$6.04
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$6.12
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13. This variation
shall take effect from the first full pay period to commence on or after1 July
2016.
I. TABBAA, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.