PUBLIC HOSPITAL (MEDICAL OFFICERS) AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Health Service Union, industrial organisation of employees.

 

(No. IRC 6413 of 2005)

 

 

AWARD

 

Arrangement

 

Clause No.         Subject Matter

 

PART A

 

1.         Definition

2.         Salaries

3.         Payment of Salaries

4.         Qualification Allowance

5.         In-charge Allowance

6.         Hours of Work

7.         Penalty Rates

8.         Time Worked

9.         Meal Breaks

10.       Overtime

11.       On Call and Call Back

12.       Annual Leave

13.       Public Holidays

14.       Sick Leave

15.       Maternity, Adoption and Parental Leave

16.       Personal/Carer’s Leave, Family and Community Services Leave

17.       Long Service Leave

18.       Board and Accommodation

19.       Uniform and Laundry Allowances

20.       Termination of Employment

21.       Settlement of Disputes

22.       Anti-Discrimination

23.       Study Leave

24.       Travelling Allowances

25.       Leave Reserved

26.       Mobility, Excess Fares and Travelling

27.       Payment and Particulars of Salary

28.       Secondment

29.       Relocation Expenses

30.       Labour Flexibility

31.       Redundancy-Managing Displaced Employees

32.       Salary Packaging

33.       Reasonable Hours

34.       Area, Incidence and Duration

 

PART B

 

Table 1 - Allowances

 

PART A

 

1.  Definitions

 

"Officer" means a medical officer employed on a full-time basis at a hospital.

 

"Union" means the Health Services Union.

 

"Authority" means the Public Employment Office established under Chapter 6 of the Public Sector Employment and Management Act 2002.

 

"Service" for the purpose of clause 2, Salaries, means service before and/or after the commencement of this award in one or more hospitals or in other institutions approved from time to time by agreement between the parties of this award.  It shall include service as a medical officer in the Australian Armed Forces and service, whether continuous or not, in other hospitals within the Commonwealth of Australia.

 

"Hospital" means a public hospital as defined under s.15 of the Health Services Act 1997.

 

"Corporation" means the Health Administration Corporation.

 

"Higher Medical Qualifications" means such qualifications obtained by a medical practitioner subsequent to graduation and includes:

 

(i)         post-graduate university degrees and diplomas recognised by the Medical Board of New South Wales as qualifications, or

 

(ii)        membership or fellowship of the Royal College or Royal Australasian College of Physicians or fellowship of the Royal College or Royal Australasian College of Surgeons or membership or fellowship of the Royal College of Obstetricians and Gynaecologists, or

 

(iii)       such other post-graduate qualifications obtained by examination and recognised by the Medical Board of New South Wales and acceptable to the Health Administration Corporation, including fellowship of the Royal Australian College of General Practitioners.

 

"Intern" means a medical officer serving in a hospital prior to his obtaining full registration pursuant to the Medical Practice Act 1992.

 

"Resident" means a medical officer who has obtained full registration.

 

"Registrar" means a medical officer who:

 

(i)         has had at least three years' experience in public hospital service as defined under this award or any lesser period acceptable to the Health Administration Corporation, and

 

(ii)        is appointed as a registrar by a hospital, and

 

(iii)       is occupying a position of registrar in an established position as approved by the Health Administration Corporation.

 

"Senior Registrar" means a registrar holding higher medical qualifications and occupying a position of senior registrar in an established position as approved by the Health Administration Corporation.

 

"Weekly Rates" will be ascertained by dividing an annual amount by 52.17857 or a weekly rate can be multiplied by 52.17857 to obtain the annual amount.

 

"Health Service" means an Area Health Service constituted under section 8 of the Health Services Act 1997, a Statutory Health Corporation constituted under section 11 of that Act, and an Affiliated Health Organisation constituted under section 13 of that Act.

 

2.  Salaries

 

Salaries for Medical Officers shall be as set out in the Health Professional and Medical Salaries (State) Award.

 

3.  Payment of Salaries

 

Employees shall have their salary paid into one account with a bank or other financial institution in New South Wales as nominated by the employee, except where agreement as to another method of payment has been reached between the Union and the Corporation due to the isolation of the employing hospital.

 

Salaries shall be deposited by hospitals in sufficient time to ensure that wages are available for withdrawal by employees no later than pay day, provided that this requirement shall not apply where employees nominate accounts with non-bank financial institutions which lack the technological or other facilities to process salary deposits within 24 hours of the hospitals making their deposits with such financial institutions, but in such cases hospitals shall take all reasonable steps to ensure that the wages of such employees are available for withdrawal by no later than pay day.

 

Subject to adequate notice in writing on each occasion, employees who are rostered off on pay day shall be entitled to have their salary deposited before proceeding on their day or days off.

 

4.  Qualification Allowance

 

An allowance detailed in the Medical Officers section of the Health Professional and Medical Salaries Award shall be paid to officers who obtain an appropriate higher medical qualification subject to graduation.

 

Provided that this clause shall not apply to an officer who is appointed as a Senior Registrar, the salary rate prescribed in clause 2, Salaries, of this award for such position having taken into account that a higher medical qualification is a prerequisite for appointment.

 

Provided further that, where an officer in his/her fifth and subsequent years of training is expected to meet the formal requirements of a higher medical qualification in that year, he shall be paid half the qualification allowance.

 

5.  in-Charge Allowance

 

An allowance as set out in Item 1 of Table 1, Allowances, shall be paid to medical officers for each twelve hours, or part thereof, of continuous in-charge duty for responsibility for after-hours medical services.

 

6.  Hours of Work

 

(i)         The ordinary hours of work shall not exceed an average of 38 hours per week.  This shall be achieved by rostering officers for duty over either forty hours in any period of seven consecutive days or eighty hours in any period of fourteen consecutive days and, in addition, then granting officers roster leave additional to that prescribed in sub-clause (ii) of this clause to the extent of one additional day per calendar month.  Such additional roster leave may accumulate to a maximum of twelve days and shall be granted in multiples of one day for periods ranging from one day to two weeks.  Upon termination of employment an officer shall be paid the monetary value of any untaken additional roster leave, calculated at the officer's ordinary time rate of pay as prescribed by clause 2, Salaries, of this award. 

 

(ii)        Officers shall be free from ordinary hours of duty for not less than two days in each week or, where this is not practicable, four days in each fortnight.  Where practicable, days off shall be consecutive and where possible additional rostered days off shall be combined with other rostered time off.

 

(iii)       No shift shall be less than eight hours in length on a week-day or less than four hours in length on a Saturday, Sunday or public holiday.

 

(iv)       No broken or split shifts shall be worked.

 

(v)        All time worked in excess of ten hours in any one shift shall be paid as overtime.

 

(vi)       Where in any pay period, an officer is not employed by a hospital for the whole of the pay period, the ordinary hours of work for the purpose of calculating salary for that pay period (i.e., 38 or 76 hours) will be adjusted by the following factor, rounded to the nearest whole number:

 

Number of calendar days employed

Number of calendar days in pay period

 

(vi)       Officers shall be given at least two weeks' notice of rosters to be worked in relation to ordinary hours of work and also, where practicable, in relation to additional (overtime) rostered hours of work, provided that a hospital may change the rosters without notice to meet any emergent situation.  This clause shall not apply in respect of the granting by hospitals of additional roster leave pursuant to this clause.

 

7.  Penalty Rates

 

Any ordinary hours worked between the following hours shall be paid at ordinary time plus the appropriate penalty rate.

 

(i)         Hours worked between 6.00 p.m. and midnight, Monday to Friday - 12.5 per cent.

 

(ii)        Midnight and 8.00 a.m., midnight Sunday to midnight Friday - 25 per cent.

 

(iii)       Midnight Friday and midnight Saturday - 50 per cent.

 

(iv)       Midnight Saturday and midnight Sunday - 75 per cent.

 

8.  Time Worked

 

Time worked means the time during which an officer is required by a hospital to be in attendance at a hospital for the purpose of carrying out such functions as the hospital may call on him to perform, and it shall include times when the officer, in waiting to carry out some active function, is studying or resting or sleeping or engaged in any other activity.

 

Provided that time worked does not include breaks allowed and actually taken for meals.

 

Provided further that where an officer attends of his own volition outside of hours rostered on duty, or where an officer remains in attendance when formally released from the obligation to perform professional duties, the hospital shall not be liable to make any payment for such attendance.

 

9.  Meal Breaks

 

The principles to be applied by Hospital and Area Health Service Management in relation to meal breaks for Resident Medical Officers are outlined in Departmental Circular No. 88/251.

 

Day Shifts - Monday to Friday

 

(i)         In the interests of patient care and the health and welfare of medical staff, officers must have a break from duty for the purpose of taking a meal.

 

(ii)        There shall be a uniform meal break of 30 minutes except where locally agreed arrangements for a longer period are made (which shall not exceed one hour).

 

(iii)       If officers are required to work during their meal break they shall be paid for the time worked.

 

(iv)       Medical Administrators are to establish simple and effective procedures in consultation with officers to record when staff are required to work through their meal break and to ensure that payment is made.

 

Shifts Other than Day Shifts - Monday to Friday

 

The arrangements outlined in Circular No. 83/250 of 19 August, 1983 in relation to meal breaks during shifts other than Day Shifts, Monday to Friday, will continue to apply.

 

10.  Overtime

 

(i)         All time worked by officers in excess of the ordinary hours specified in clause 6, Hours of Work, of this award, shall be paid at the rate of time and one-half for the first two hours, and double time thereafter provided that all overtime performed on a Sunday, shall be at double time.

 

(ii)        An officer who works authorised overtime and was not notified on or prior to his previous shift of the requirement to work such overtime shall be paid in addition to payment for such overtime:

 

(a)        as set out in Item 2 of Table 1, Allowances, for breakfast when commencing such overtime work at or before 6.00 a.m.;

 

(b)        as set out in Item 2 of Table 1, Allowances, for an evening meal when such overtime is worked for at least one hour immediately following his normal ceasing time, exclusive of any meal break and extends beyond or is worked wholly after 7.00 p.m.;

 

(c)        as set out in Item 2 of Table 1, Allowances, for luncheon when such overtime extends beyond 2.00 p.m. on Saturdays, Sundays or holidays.

 

Or shall be provided with adequate meals in lieu of such payments.

 

The rates prescribed in this subclause shall be varied in accordance with any variations in the rates payable under Division 3 of the Public Sector Employment and Management (General) Regulation 1996.

 

11.  On Call and Call Back

 

(i)         An "on call period" is a period during which an officer is required by the employer to be on call.

 

(ii)        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.

 

(iii)       An officer shall be paid for each on-call period which coincides with a day rostered on duty an allowance as set out in Item 3 of Table 1, Allowances, and for each on-call period coinciding with a rostered day off an allowance as set in the said Item 3 with a maximum payment as set out in the said Item 3 per week.

 

(iv)       An officer who is called back for duty shall be paid for all time worked at the appropriate overtime rate, with a minimum of 4 hours at such rates.

 

(v)        The amounts specified in subclause (iii) shall be taken to include expenses incurred in taking telephone calls at one's own residence and other expenses incurred in being available for emergency duty.

 

12.  Annual Leave

 

(i)         All officers shall be allowed four calendar weeks leave of absence on full pay in respect of each twelve months' service in a hospital plus one day on full pay in respect of each public holiday occurring within the period of such leave.

 

(ii)        Officers who are required to work on Sundays and/or public holidays during a qualifying period of employment for annual leave purposes shall be entitled to receive additional annual leave in respect of each complete period of eight hours so worked as follows:

 

(a)        if 35 or more such periods on such days have been worked - one week;

(b)        if less than 35 such periods on such days have been worked  - leave proportionately calculated on the basis of 38 hours leave for 35 such periods worked;

 

(c)        work performed by reason of call backs pursuant to clause 11, On Call and Call Back, of this award shall be disregarded when assessing an officer's entitlement under the subclause.

 

(d)        The calculations referred to in paragraphs (a) and (b) of this subclause 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.

 

(iii)       Annual leave shall be given and shall be taken in one consecutive period, or, if the officer and the hospital so agree, in either two or three separate periods, but not otherwise.

 

(iv)       Annual leave shall be given and shall be taken within a period of six months after the date when the right to annual leave accrued; provided that the giving and taking of the whole or any separate period of such annual leave may, by mutual agreement between the hospital and the officer, be postponed for a further period not exceeding six months.

 

(v)        If the officer and the hospital so agree, the annual leave or any such separate periods, may be taken wholly or partly in advance before the officer has become entitled to that leave, but where leave is taken in such circumstances a further period of annual leave shall not commence to accrue until the expiration of the twelve months in respect of which the annual leave or part thereof has been so taken.

 

(vi)       Except as provided by this clause, payment shall not be made by a hospital to an officer in lieu of any annual leave or part thereof nor shall any such payment be accepted by the officer.

 

(vii)      The hospital shall give the officer at least two months' notice of the date from which his annual leave is to be taken.

 

(viii)     The hospital shall pay each officer before entering upon annual leave his or her ordinary rate of salary for the period of leave.  For the purposes of this subclause "ordinary rate of salary" means the award rate of salary and qualification allowance if applicable.

 

(ix)       Where the employment of an officer is terminated, the officer shall be entitled to receive proportionate payment for each completed month of service together with such additional annual leave entitlements due under subclause (ii).  All payments are to be made at the rate of salary to which such officer is entitled under this award.

 

(x)        Where the annual leave under this clause or any part thereof has been taken in advance by an officer pursuant to subclause (v), of this clause; and

 

(a)        the employment of the officer is terminated before he/she has completed the year of employment in respect of which such annual leave or part was taken; and

 

(b)        the sum paid by the hospital to the officer as ordinary pay for the annual leave or part so taken in advance exceeds the sum which the hospital is required to pay to the officer under subclause (ix) of this clause;

 

(c)        the hospital shall not be liable to make any payment to the officer under the said subclause (ix) and shall be entitled to deduct the amount of such excess from any remuneration payable to the officer upon the termination of the employment.

 

NOTATION: The conditions under when the annual leave loading shall be paid to officers are the same as generally applied through circulars issued by the Corporation.

 

13.  Public Holidays

 

(i)         Public holidays shall be allowed to officers on full pay.

 

(ii)        Where an officer is required to, and does work on any of the public holidays set out in this clause, the officer shall be paid for the hours worked at the rate of time and one-half. In addition, the officer shall have one day added to annual leave for each public holiday so worked unless time off in respect of time worked on such public holiday has been granted.

 

(iii)       Where a public holiday falls on a rostered day off, the officer shall have one day added to annual leave.

 

(iv)       For the purpose of this clause the following shall be deemed to be public holidays:  New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Queen's Birthday, Eight Hour Day, Christmas Day, Boxing Day, or in lieu of any such day any holiday proclaimed in lieu thereof, together with any other day duly proclaimed as a special day and observed as a public holiday within the area in which the hospital is situated.

 

14.  Sick Leave

 

(i)         An officer shall be allowed sick leave on full pay calculated by allowing 76 "ordinary" hours per year for each year of continuous service less any sick leave on full pay already taken, subject to the following conditions:

 

(a)        the employer may require the sickness to be certified to by the medical superintendent or by a legally qualified medical practitioner approved by the hospital, or may require other satisfactory evidence thereof;

 

(b)        an officer shall not be entitled to sick leave until the expiration of three months' continuous service;

 

(c)        each officer shall take all reasonably practicable steps to inform the employer of his or her inability to attend for duty and as far as possible state the estimated duration of the absence.  Where practicable such notice shall be given within twenty-four hours of the commencement of such absence;

 

(d)        an officer shall not be entitled to sick leave on full pay for any period in respect of which such officer is entitled to accident pay or workers' compensation; provided, however, that where an officer is not in recept of accident pay an employer shall pay to an officer who has sick leave entitlements under this clause, the difference between the amount received as workers' compensation and full pay.  The officer's sick leave entitlements under this clause shall, for each week during which such difference is paid, be reduced by that proportion of hours which the difference paid bears to full pay.  On the expiration of available sick leave, weekly compensation payments only shall be payable;

 

(e)        an officer is not eligible for sick leave during periods when he would have normally been rostered on overtime shifts;

 

(f)         an officer is not entitled to more than 8 hours' sick leave in respect of any one day.

 

(ii)        Continuous service for the purpose of this clause shall be calculated in the same manner as provided for in paragraph (a) of subclause (ii) of clause 17, Long Service Leave, of this award.

 

(iii)       Full pay for the purpose of this clause shall include the uniform allowance where payable, under clause 19, Uniform and Laundry Allowance, of this award.

 

(iv)       A hospital shall not terminate the services of an officer except on the grounds of misconduct during the currency of any periods of paid sick leave.

 

(v)        Sick leave as defined, shall accrue and be transferable between hospitals, at the rate of fourteen calendar days per year of continuous service, minus days taken.

 

15.  Maternity, Adoption and Parental Leave

 

A.        Maternity Leave

 

(i)         Eligibility

 

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 New South Wales public sector organisations which are included in the schedule of the Transferred Officers Extended Leave Act, 1961, will be recognised, provided that:

 

(a)        service was on a full-time or permanent part-time basis:

 

(b)       cessation of service with the former employer was not by reason of dismissal on any ground, except retrenchment or reduction of work;

 

(c)        the employee commences duty with the new employer on the next working day after ceasing employment with the former employer (there may be a break in service of up to two months before commencing duty with the new employer provided that the new position was secured before ceasing duty with the former employer.  However, such a break in service will not be counted as service for the purpose of calculating any prior service prerequisite for paid maternity leave.)

 

(iii)       Entitlement

 

Eligible employees are entitled to paid maternity leave as follows:

 

(a)        Paid Maternity Leave - an 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;

 

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.

 

(b)       Unpaid Maternity Leave - an employee is entitled to a further period of unpaid maternity leave of not more than 12 months after the actual date of birth.

 

(iv)       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.

 

(v)        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.

 

(vi)       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.

 

(vii)      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 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.

 

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.

 

(viii)     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.

 

(ix)       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 69 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.

 

(x)        Miscarriages

 

In the event of a miscarriage any absence from work is to be covered by the current sick leave provisions

 

(xi)       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.

 

(xii)      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.

 

(xiii)     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.

 

(xiv)     Return for Less than Full Time Hours

 

Employees may make application to their employer to return to duty for less than the full time hours they previously worked by taking weekly leave without pay.  Such return to work is to be according to the following principles:

 

the period is to be limited to 12 months after which full time duties must be resumed;

 

the employee is to make an application for leave without pay  to reduce her full time weekly hours of work.  This application should be made as early as possible to enable the employer to make suitable staffing arrangements.  At least four weeks notice must be given;

 

the quantum of leave without pay to be granted to individual employees is to be at the absolute discretion and convenience of the employer;

 

salary and other conditions of employment are to be adjusted on a basis proportionate to the employees full time hours of work i.e., for long service leave the period of service is to be converted to the full-time equivalent, and credited accordingly.

 

It should be noted that employees who return from maternity leave under this arrangement remain full-time employees. Therefore the payment of any part-time allowance to such employees does not arise.

 

(xv)      Further Pregnancy While on Maternity Leave

 

Where an employee becomes pregnant whilst on maternity leave, a further period of maternity leave may be granted. Should this second period of maternity leave commence during the currency of the existing period of maternity leave, then any residual maternity leave from the existing entitlement lapses.

 

B.         Adoption Leave

 

(i)         Eligibility

 

To be eligible for paid adoption leave a full time or permanent part-time employee must 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)     Return for Less than Full Time Hours

 

As per maternity leave conditions.

 

(ix)       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.

 

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:

 

(i)         if applicable, the period of any maternity leave sought or taken by his spouse, and

 

(ii)        that they are seeking the period of extended parental leave to become the primary care giver of the child.

 

(v)        Variation after Commencement of Leave -

 

After commencing parental leave, an employee may vary the period of her/his parental leave, once without the consent of the employer and otherwise with the consent of the employer.  A minimum of fourteen days’ notice must be given, although an employer may accept less notice if convenient.

 

(vi)       Effect of Parental Leave on Accrual of Leave, Increments etc.

 

As per maternity leave conditions.

 

(vii)      Right to return to Previous Position

 

As per maternity leave conditions.

 

NOTE:

 

(a)        The entitlement to Maternity, Adoption and Parental leave for part-time employees who receive an adjusted hourly rate, along with casual employees, are in accordance with the provisions of Part 4, Parental Leave of the Industrial Relations Act 1996 and/or HAC Determination.

 

(b)        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.

 

16.  Personal/Carer’s Leave, Family and Community Services Leave

 

Employees shall be granted Personal/Carer's Leave, Family and Community Services Leave in accordance with Health Department Policy Directive 2005-431, as amended from time to time.

 

17.  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 in one or more hospitals.  For the purpose of this paragraph, continuous service shall have the same meaning as in the Transferred Officers’ Extended Leave Act, 1961.

 

(b)        Broken periods of service in one or more hospitals shall count as service subject to the following:

 

(1)        where an officer after ceasing employment in a hospital is re-employed in a hospital subsequent to the 1st July 1974, any service of that officer before he/she was so re-employed shall not be counted for the purpose of determining any long service leave due to that officer in respect of his/her service after he/she was so re-employed;

 

(2)        where an officer, after ceasing employment in a hospital is re-employed in a hospital subsequent to the 1st July 1974, any service of that officer before he/she was so re-employed shall not be counted for the purpose of determining any long service leave due to that officer in respect of his/her service after he/she was so re-employed unless he/she has completed at leave five years' continuous service from the date of his/her being so re-employed;

 

(3)        an officer employed in a hospital at the 1st July 1974, and who was entitled to count broken service under the provisions of the award in force prior thereto shall be entitled to count such broken service prior to the 1st July 1974.

 

(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 July, 1974;

 

(2)        any period of part-time service, except permanent part-time service.

 

(iii)       An employee with an entitlement to long service leave may elect to access such entitlement:

 

on full pay;

on half pay; or

on double pay.

 

(iv)       When an employee takes long service leave, the leave entitlement will be deducted on the following basis:

 

a period of leave on full pay - the number of days so taken;

a period of leave on half pay - half the number of days so taken; or

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 provided that where an employee is transferring from one hospital to another he/she may, if he/she so desires and by agreement with his/her present employer and his/her proposed employer, be allowed to retain his/her credit to long service leave in lieu of payment of the monetary value under this subclause.

 

(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)     Rights to long service leave under this clause shall be in replacement of rights to long service leave, if any, which at the 1st July 1974, may have accrued or may be accruing to an officer and shall apply only to persons in the employ of the employer on or after the 1st July 1974.  Where an officer has been granted long service leave or has been paid its monetary value prior to the 1st July 1974, the employer shall be entitled to debit such leave against any leave to which the officer may be entitled pursuant to this clause.

 

18.  Board and Accommodation

 

(i)         Where an officer lives at a hospital, the following deductions from his salary may be made by the employer:

 

 

(ii)        Where individual meals only are provided, the officer may be charged the charges applicable under the Public Hospital Nurses (State) Award.

 

(iii)       The abovementioned amounts shall vary in accordance with the board, accommodation and individual meal charges as prescribed in the Public Hospital Nurses (State) Award as varied from time to time.

 

(iv)       No deduction shall be made from the salary of an officer for board and accommodation when the officer is absent from the hospital on annual, sick or long service leave, provided that the employer shall be entitled to make the deduction for accommodation where the officer:

 

(a)        having been requested to leave his/her room completely vacant fails to do so; or

 

(b)        is absent from the hospital on sick leave and such absence does not exceed six consecutive days.

 

19.  Uniform and Laundry Allowance

 

(i)         Sufficient suitable and serviceable uniforms shall be provided for each officer required to wear a uniform and such uniforms shall be laundered at the expense of the hospital.

 

(ii)        Where a hospital requires a uniform to be worn but does not provide such uniform, the following allowances shall be paid:

 

(a)        where a full uniform, including special shoes, is required, an amount per week as set in Item 4 of Table 1, Allowances;

 

(b)        in other cases, an amount as also set in Item 4 of Table 1.

 

20.  Termination of Employment

 

Employment may be terminated only by four weeks' notice given in writing either by the hospital or the officer at any time during the week or by payment or forfeiture of four weeks' salary as the case may be, provided that the officer and the hospital may agree to a lesser period of notice.  Nothing in this clause shall prevent the summary dismissal of an officer for misconduct or neglect of duty.

 

21.  Settlement of Disputes

 

(i)         Where a dispute arises in a particular section which cannot be resolved between the employees or their representative and the supervising staff, it shall be referred to the chief executive officer of the Area Health Service or establishment or his/her nominee, who will arrange for the matter to be discussed with the employees concerned and a local representative or representatives of the Union.

 

(ii)        Failing settlement of the issue at this level, the matter shall be referred to the Health Administration Corporation, and the Head Office of the Union. The 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 firstly 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 Corporation and the Union.  Such committee shall have the power to investigate all matters in dispute and to report to the Chief Executive Officer of the Area Health Service and the Union respectively with such recommendations 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.

 

(v)        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.

 

22.  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:.

 

23.  Study Leave

 

(i)         Subject to the terms of this clause a hospital may grant to officers other than interns, study leave without loss of pay as follows:

 

Face-to-face courses:  Half hour study time for every hour of compulsory lecture and/or tutorial attendance, up to a maximum of four hours study time per week. Where no face-to-face course is provided:  A maximum of four hours study time per week for a maximum of 27 weeks per year.

 

(ii)        Study leave shall only be granted in respect of a course:

 

(a)        leading to higher medical qualifications as defined in clause 1, Definitions, of this award; and

 

(b)        in respect of a qualification which when obtained would be relevant to the needs of the hospital.

 

(iii)       The officer shall submit to the chief executive officer a timetable of the proposed course of study and evidence of the officer's enrolment in the course.

 

(iv)       The grant of study leave is subject to the convenience of the hospital and should not interfere with the maintenance of essential services or with patient care.

 

(v)        Periods of study leave granted shall not be taken into account for the purposes of calculating overtime payments;

 

(vi)       Study leave granted subject to the terms of this clause, may be accrued to a maximum of seven working days for the purpose of enabling the officer to study prior to a written, oral or clinical examination.  An option to accumulate study leave in terms of this subclause shall be exercised at the commencement of each academic year and the officer shall notify the Chief Executive Officer accordingly;

 

(vii)      Officers who have given continuous service of more than one year shall be allowed to accrue study leave not taken up to a maximum of fourteen calendar days.

 

24.  Travelling Allowances

 

(i)         An officer seconded to another hospital may be granted a daily travel allowance at the rate of the difference between the cost of travel by public transport to his/her normal place of employment and travel by public transport to the seconding hospital.  Provided that where an officer drives his/her own vehicle, he/she shall, in lieu, be eligible for a mileage allowance equivalent to the "Transport Allowance" mileage rate payable to members of the New South Wales Public Service as determined by the Authority from time to time, for the difference between the distance to his/her normal place of employment and the distance to the seconding hospital.

 

(ii)        An officer who, with the approval of the Chief Executive Officer, uses on official business, a motor vehicle maintained primarily for other than official business, shall be paid the above-mentioned mileage allowance from time to time effective. However, where it is estimated that an officer will, with the approval of the Chief Executive Officer, be required to use his/her private vehicle on official business on at least 50 days during any period of 12 months and during that period aggregate at least 850 kilometres of official running, he/she shall be paid at the "Official Business Rate" prescribed by the Regulation of the Authority at the rate in force from time to time throughout the year.

 

(iii)       For the purpose of subclause (ii) travel on official business:

 

(a)        occurs when an officer is required by the Chief Executive Officer as part of his/her duty to use his/her motor vehicle to attend away from his/her normal place of employment or seconding hospital to another clinic, annexe or hospital.  Where an officer travels on official business direct from his/her place of residence to a clinic, annexe or hospital, other than his/her normal place of employment he/she shall be paid for the difference between the distance to his/her normal place of employment or seconding hospital and that other annexe, clinic or hospital;

 

(b)        does not include "call backs";

 

(c)        shall include other arrangements as agreed to between the Health Administration Corporation and  the Union from time to time.

 

(iv)       Nothing in this clause shall make the employer liable for the cost of the officer's daily travel to his/her usual and normal place of employment.

 

25.  Leave Reserved

 

Leave is reserved for the parties to apply as they may be advised in respect of the definitions of "Higher Medical Qualifications" and in respect of "other post-graduate qualifications" and as to "Salaries" in the event of any alterations in the current wage indexation guidelines.  Leave is also reserved to the Union to apply in respect of "on call and call back" and "Overtime" as it may be advised.

 

26.  Mobility, Excess Fares and Travelling

 

For the purpose of this clause accustomed place of work shall mean the location where an employee is regularly required to commence duty by the employer.

 

(i)         An employee shall be required to proceed to the accustomed place of work and return home once on each ordinary working day or shift in the employee's own time and at the employee's own expense.

 

(ii)

 

(a)        Where an employee is directed to report for duty to a place of work other than the employee's accustomed place of work the employee shall travel to and from the alternative place of work in the employer's time  for those periods in excess of time normally taken to travel to and from the accustomed place of work.

 

(b)        If the excess of travelling time on a particular day or shift is greater than the prescribed ordinary hours of duty for the particular category of staff for that day or shift, then the excess of hours shall be paid at the ordinary rate of pay to the extent of travelling time.

 

(c)        Fares incurred by such employee in excess of the fares normally incurred in travelling to the employee's accustomed place of work and returning home from the accustomed place of work shall be reimbursed.

 

(d)        Where the employee is required to report to an alternative place of work and has the prior approval of the employer to travel by his/her own mode of conveyance, the employee shall be paid a kilometre allowance for kilometres travelled in excess of the kilometres the employee normally travels between the accustomed place of work and home. The kilometre allowance will be prescribed from time to time by the Regulation of the Authority.

 

(iii)

 

(a)        Where an employer has determined that an employee or employees should report to a new accustomed place of work on a permanent basis, the decision must be discussed with the affected employee(s) and the local branch of the relevant union(s) prior to notice of changed accustomed place of work being given.

 

(b)        The employer shall give the employee reasonable notice of the requirement to report to a new accustomed place of work. For the purpose of this subclause "reasonable notice" shall be one calendar month prior to the date the employee is first required to report to the new accustomed place of work.

 

(c)        Where the accustomed place of work is changed on a permanent basis by the employer, the employee shall report to the new accustomed place of work on the date specified by the employer.

 

(d)        If there is disagreement about such a decision after such discussion or if a significant number of employees are involved, the matter should be referred to the Health Administration Corporation which will discuss the matter with the appropriate union(s) and  will determine the date upon which notice will be given to employee(s).

 

(iv)

 

(a)        The provision of this clause shall not apply to an employee appointed to regularly perform relief duties or to employees specifically employed to perform duties at more than one place of work except as provided in (b) hereunder.

 

(b)        If a reliever incurs fares in excess of $5 per day in travelling to and from the relief site, the excess shall be reimbursed.

 

Where a reliever, with the prior approval of the employer, travels by his/her own mode of conveyance and incurs travelling costs in excess of $5 per day to and from the relief site, such excess shall be reimbursed. The rate applicable shall be the kilometre allowance prescribed from time to time by the Regulation of the Authority less $5.

 

This $5 shall be reviewed annually by the Corporation.

 

(v)        No payment shall be made under this clause unless the employer is satisfied that the employee has incurred additional expenditure in having to report to an alternative place of work, at the direction of the employer.

 

(vi)       Travel to an alternative place of work, either by public transport or own mode of conveyance, shall in all instances be by the most direct route.

 

27.  Payment and Particulars of Salary

 

(i)         All salaries and other payments shall be paid fortnightly. Provided further that, for the purpose of adjustments of wages related to variations in the basic wage, the pay period shall be deemed to be weekly.

 

(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 employees. Salaries shall be deposited by hospitals in sufficient time to ensure that wages are available for withdrawal by employees by no later than pay day, provided that this requirement shall not apply where employees nominate accounts with non-bank financial institutions which lack the technological or other facilities to process salary deposits within 24 hours of hospitals making their deposits with such financial institutions, but in such cases hospitals shall take all reasonable steps to ensure that the wages of  such employees are available for withdrawal by no later than pay day.

 

(iii)       Penalty rates and overtime worked during the second week of the pay fortnight may be paid to employees in the next pay period by Area Health Services and hospitals.

 

28.  Secondment

 

(i)         Allowance - An officer, other than an intern, seconded to work in a 2nd or 3rd Schedule hospital shall have his/her salary increased by one incremental step, by way of allowance, for the period the officer works in such hospital.

 

For the duration of the officer's secondment, other than periods of leave, the allowance shall be treated as salary for the purpose of calculating overtime and shift penalties.

 

(ii)        Travel - An officer referred to in subclause (i) of this clause shall be allowed a paid journey to Sydney and return by economy class airfare or equivalent thereof for each period of 7 weeks in the employment of a 2nd or 3rd Schedule hospital.

 

At the discretion of the hospital the paid journey may be taken in advance.  Such travel may be used for the purpose of furthering the officer's medical education.

 

29.  Relocation Expenses

 

Where an officer is employed in the public hospital system within the metropolitan area and applies for and obtains a permanent position at a country location (being either a position covered by this Award or a Career Medical Officer position), the costs incurred by the officer in respect to removal of furniture and effects and conveyancing in the purchase of a residence are to be refunded by the new employer on the following basis:

 

At the time the appointment is taken up: 50% of costs incurred.

 

After one year's service at the country location: a further 25% of the costs incurred.

 

After two years service at the country location: the remaining 25% of the costs incurred.

 

These arrangements become effective in relation to country appointments made after 1 January 1989.

 

30.  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 de-skilling.

 

(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 subclauses (i) and (ii) shall be consistent with the employer's responsibilities to provide a safe and healthy work environment.

 

(iv)       Existing provisions with respect to the payment of mixed functions/higher duties allowances shall apply in such circumstances.

 

31.  Redundancy - Managing Displaced Employees

 

Employees shall be entitled to the provisions of Health Department Policy Directive 2005-517, as amended from time to time.

 

32.  Salary Packaging

 

(i)         By agreement with their employer, employees may elect to package a portion (but no more than 50%) 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 shall not exceed 50% of salary.

 

(ii)        Where an employee elects to package a portion of salary:

 

(a)        Subject to Australian taxation law, the packaged portion of salary will reduce the salary subject to appropriate PAYG taxation deductions by the amount of that packaged portion.

 

(b)        Any allowance, penalty rate, overtime payment, payment for unused leave entitlements, weekly workers’ compensation, or other payment other than any payment for leave taken in service, to which an employee is entitled under this award or statute which is expressed to be determined by reference to an employee’s salary, shall be calculated by reference to the salary which would have applied to the employee under this award in the absence of any salary packaging or salary sacrificing made under this award.

 

(c)        ‘Salary’ for the purpose of this clause, for superannuation purposes, and for the calculation of award entitlements, shall mean the award salary as specified in Clause 4 Salaries, and which shall include ‘approved employment benefits’ which refer to fringe benefit savings, administration costs, and the value of packaged benefits.

 

(iii)       The salary packaging scheme utilises the Public Benevolent Institution (PBI) taxation status, which provides for a fringe benefits tax exemption cap of $17,000 per annum. The maximum amount of fringe benefits-free tax savings that can be achieved under the scheme is where the value of benefits when grossed-up, equal the fringe benefits exemption cap of $17,000. Where the grossed-up value exceeds the cap, the employer is liable to pay fringe benefits tax on the amount in excess of $17,000, but will pass 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.

 

(iv)       The parties agree that the application of the fringe benefits tax exemption cap and the PBI status of NSW Health Services are subject to prevailing Australian taxation laws.

 

(v)        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.

 

(vi)       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.

 

(vii)      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.

 

(viii)     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.

 

33.  Reasonable Hours

 

(i)         Subject to subclause (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.

 

34.  Area, Incidence and Duration

 

(i)         This Award rescinds and replaces the Public Hospital Medical Officers (State) Award published 18 January 2002 (330 IG 864) and all variations thereof.

 

(ii)        This Award shall apply to persons employed in classifications contained herein employed in or in connection with the New South Wales Health Service as defined in section 16 of the Health Services Act 1997, or their successors, assignees or transmittees.

 

(iii)       This Award takes effect from 1 December 2005, and shall remain in force until 30 June 2008.

 

PART B

 

Table 1 - Allowances

 

 

 

 

R. P. BOLAND  J.

 

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.