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 6419 of 2005)

 

 

AWARD

 

PART A

 

Arrangement

 

Clause No.         Subject Matter

 

PART A

 

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

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 Officers

19.       Uniforms and Protective Clothing

20.       Promotions and Appointments

21.       New Positions

22.       Notice Board

23.       Mobility, Excess Fares and Travelling

24.       Disputes

25.       Personal/Carer’s Leave, Family & Community Services Leave

26.       General Conditions

27.       Maternity, Adoption and Parental Leave

28.       Union Representative

29.       Blood Count

30.       Exemptions

31.       Leave Reserved

32.       Anti-Discrimination

33.       Redundancy-Managing Displaced Employees

34.       Labour Flexibility

35.       Salary Packaging

36.       Salary Sacrifice to Superannuation

37.       Reasonable Hours

38.       No Extra Claims

39.       Induction and Orientation

40.       Area, Incidence and Duration

 

Part B - Monetary Rates

 

Table 1 - Rates and Allowances

 

1.  Definitions

 

Unless the context otherwise indicates or requires, the several expressions hereunder defined shall have their respective meanings assigned to them -

 

"Union" means the Health Services Union.

 

"Corporation" means the Health Administration Corporation.

 

"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.

 

"Shift Worker" means a worker who is not a day worker as defined.

 

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

 

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 officer 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 officers working shifts of eight hours duration the proportion of 0.4 of an hour) which shall accumulate towards the officer'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, officers 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 hospital, continue to work shifts of the same duration over 20 days in each cycle of 28 days.

 

(v)        The officer's allocated day off duty prescribed in subclause (iv) of this clause shall be determined by mutual agreement between the officer and the hospital having regard to the needs of the hospital or sections thereof.  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 Corporation and the Union agree that exceptional circumstances exist in a particular hospital, an officer's allocated days off duty prescribed by subclause (iv) of this clause may, with the agreement of the officer concerned, accumulate and be taken at a time mutually agreed upon between the officer and the hospital.  Provided that the maximum number of allocated days off duty which may accumulate under this subclause shall be eighteen.

 

(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 officer 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 officer had not gone on annual leave, it shall be allowed to the officer on the first working day immediately following the period of leave

 

Where an officer 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 officer’s return to duty.

 

(ix)       An officer 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 officer's allocated day off duty falls during a period of sick leave, the officer's available sick leave shall not be debited for that day.

 

(x)        Where an officer's allocated day off duty falls due during a period of worker's compensation, the officer, 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 officer'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 officer shall be displayed on a roster in a place conveniently accessible to officers.  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 to be carried on where another officer is absent from duty on account of illness or in emergency but where any such alteration involves an officer 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 officer 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 officer.

 

4.  Climatic and Isolation Allowance

 

(i)         Subject to subclause (ii), of this clause, persons employed in hospitals 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 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 officer 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 a hospital 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 the date of this variation (10 February 1992,  refer Department of Health Circular 92/13) shall be 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 at the date of this variation 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 officers employed under Part 1, the provisions of subclauses (i), (ii) and (iv) to (xii) of clause 2, Hours, shall not apply.

 

With respect to officers 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 officer 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 Hospital Nurses' (State) Award, provided that no deduction shall be made when the officer 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 officer who lives out light refreshment for morning and afternoon tea when the officer is on duty at times appropriate for the partaking thereof.

 

7.  Relieving Other Members of Staff

 

(i)         An officer who is called upon to relieve continuously for one week or more an officer in a higher classification 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.

 

(ii)        Provided that Dental Staff covered by this award shall, in lieu of subclause (i) of this clause, be entitled to payment for relieving another employee on the basis of the conditions applicable to such staff prior to the making of this award.

 

This clause shall not apply when an officer in a higher grade is absent from duty by reason of his/her allocated day off duty as a consequence of working a 38-hour week.

 

8.  Overtime

 

(i)         All time worked by officers 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)        Officers recalled to work overtime after leaving the employer's premises, whether notified before or after leaving the premises, shall be paid for a minimum of four hours work at the appropriate rate for each time so recalled; provided that, except in unforeseen circumstances arising, an officer shall not be required to work the full minimum number of hours prescribed above if the job he/she was recalled to perform is completed within a shorter period.

 

(iii)       An officer 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.

 

(iv)       When overtime work is necessary it shall, wherever reasonably practical, be so arranged that officers have at least eight consecutive hours off duty between the work on successive days or shifts.

 

(v)        An officer 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 officer 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.

 

(vi)       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.

 

(vii)      This clause shall not apply to Social Workers in circumstances where they are entitled to payment in accordance with provisions of clause 3, Call Out Allowance, of the Public Hospital Social Workers' Award.

 

(viii)     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.

 

(ix)

 

(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.

 

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)       Officers 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 officer 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 officer 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 officers 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 officers on full pay.  Where an officer is required to and does work on any of the holidays set out in this subclause, whether for a full shift or not, the officer 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 officer 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 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 officers 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 between Christmas Day and New Years Day as determined by the employer.  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 officer 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 officer 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 officer 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 officer 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 officers 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)        Officers 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 officer 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 officer 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 officer three months' notice where practicable and not less than one month's notice of the date upon which the officer 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)        Officers 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 officer is absent on ordinary annual leave in accordance with subclause (i) of this clause.  Officers 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 officers 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 officers are the same as generally applied through circulars issued by the Corporation.

 

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 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:

 

where an officer, after ceasing employment in a hospital is re-employed in a hospital after he/she has attained the age of sixty years, any service of the office before he/she was so re-employed shall not be counted for the purpose of determining any long service leave due to him/her in respect of his/her service after he/she was so re-employed.

 

(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 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)     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 HAC Determination.

 

(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 officers - A full-time officer 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 hospital; 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 officer 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 officer is on sick leave;

 

(c)        an officer shall not be entitled to sick leave until after three months' continuous service;

 

(d)        service, for the purpose of this clause, shall mean service in a public hospital and shall be deemed to have commenced on the date of engagement by a public hospital in respect of any period of employment with that hospital current at the date of the commencement of this award in respect of officers then so employed and in respect of others it shall be deemed to commence on the first day of engagement by a public hospital after the commencement of this award;

 

(e)        officers who are employed by a hospital 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 in any hospital (providing such service is not less than three months' actual service) shall be counted;

 

(g)        officers 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 officer 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 officers.

 

(iii)       An officer shall not be entitled to sick leave on full pay for any period in respect of which such officer is entitled to workers' compensation; provided, however, that 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 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 officer'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 (extended 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.  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 employee.  Salaries shall be deposited by hospitals 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 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 payday.

 

(iii)       Notwithstanding the provisions of subclause (ii), of this clause, an officer 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 officer 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 officer, 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 officers, such payments where practical shall be paid as a separate payment to ordinary salary and shall be contained in a separate pay envelope.  Such payment shall be accompanied by a statement containing particulars as set out in subclause (iv) of this clause.

 

(vi)       Officers with a credit of time accrued towards an allocated day off duty shall be paid for such accrual upon termination.

 

16.  Termination of Employment

 

During the first three months of employment in any hospital, 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 hospital or the officer 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 officer 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 officers.

 

(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 officers and where practicable, such facilities shall be provided in hospitals erected prior to that day.

 

(iii)       The following extract from the Factories, Shops and Industries Act 1962, outlines the minimum standards which the Corporation seeks to achieve in all hospitals:

 

(1)        Sanitary Conveniences -

 

(a)        Seats - in the proportion of 1 seat to every 15 officers or fraction of 15 officers 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 officers or part of 15 officers 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 officer.

 

(b)       Floor area not less than 0.56 square metres per officer 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 officer 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 Officers

 

Lockers may only be opened for inspection in the presence of the officer but in cases where the officer neglects or refuses to be present or in any circumstances where notice to the officer is impracticable such inspection may be carried out in the absence of the officer by an officer of the hospital appointed by the Chief Executive Officer, and if practicable, a Union Branch Officer, otherwise by any two officers of the hospital so appointed.

 

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 officer required to wear them, provided that any officer to whom a new uniform or part of a uniform has been supplied by the hospital, 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 officer on leaving the service of the hospital shall return any uniform or part thereof supplied by the hospital which is still in use by that officer immediately prior to leaving.

 

(c)        In lieu of supplying a uniform to an officer required to wear such uniform, the hospital may pay to such officer the sum set in Item 6 of Table 1.

 

(d)        If the uniform of an officer is not laundered at the expense of the hospital, an allowance as set in Item 7 of Table 1 shall be paid to such officer. 

 

(e)        An officer 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)        Officers 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 officers.

 

(iii)       Officers 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 officer with a claim to seniority shall be passed over without having their claims considered.

 

(ii)        In the case of an officer or officers 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

 

An 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 officer is required to work.

 

22.  Notice Boards

 

The hospital 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 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 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, Division of Employee and Industrial Relations, 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 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 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 the alternative place of work, at the direction of the employer.

 

(iv)       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 officers or their representative and the supervising staff, it shall be referred to the Chief Executive Officer of the hospital or establishment or his/her nominee, who will arrange for the matter to be discussed with the officer 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 Division of Employee and Industrial Relations of the Department of Health 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 Corporation and the Union.  Such committee shall have the power to investigate all matters in dispute and to report to the hospital 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, he 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 Arbitration Act, 1940.

 

25.  Personal/Carer’s Leave, Family & 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.

 

26.  General Conditions

 

An officer 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 officer 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

 

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; 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.

 

(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 (as defined in clause 5 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 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.

 

28.  Union Representative

 

An officer appointed Union Representative shall upon notification thereof in writing, to the Chief Executive Officer, 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 officers.

 

29.  Blood Count

 

Those officers 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 hospital.

 

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.  Leave Reserved

 

Leave is reserved to the Corporation to apply in respect of clause 6, Board and Lodging.

 

32.  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:.

 

33.  Redundancy - Managing Displaced Employees

 

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

 

34.  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 mixed functions/higher duties allowances shall apply in such circumstances.

 

35.  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 the appropriate Salaries clause of the applicable award, 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.

 

36.  Salary Sacrifice to Superannuation

 

(i)         Salary Sacrifice to Superannuation

 

An employee may elect, subject to the agreement of the employee’s employer, to sacrifice a portion of the salary payable under the relevant salary award for the classification, 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 must not exceed 50 per cent of the salary payable under the relevant award 50 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)        Where the employee has elected to sacrifice a portion of that payable salary to additional employer superannuation contributions:

 

(a)        subject to Australian Taxation Law, the sacrificed portion of salary will reduce the salary subject to appropriate PAYE taxation deductions by the amount of that sacrificed portion;  and

 

(b)        any allowance, penalty rate, overtime, payment for unused leave entitlements, weekly worker’s compensation, or other payment, other than any payment for leave taken in service, to which an employee is entitled under this award or any applicable Award, Act, or statute which is expressed to be determined by reference to the salary which would have applied to the employee under the relevant award in the absence of any salary sacrifice to superannuation made under this award.

 

(iii)       The employee may elect to have the portion 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 employers agreement, paid into private sector complying superannuation scheme as employer superannuation contributions.

 

(iv)       Where an employee elects to salary sacrifice in terms of subclause (iii) of this clause, the employer will pay the sacrificed amount into the relevant superannuation fund.

 

(v)        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) of this clause is included in the employee’s superannuable salary which is notified to the New South Wales public sector superannuation trustee corporations

 

(vi)       Where, prior to electing to sacrifice a portion of his/her salary to superannuation, an employee had entered into an agreement with his/her employer to have superannuation contributions made to a superannuation fund other than a fund established under legislation listed in subclause (v) of this clause, the employer will continue to base contributions to that fund on the salary payable under the relevant award to the same extent as applied before the employee sacrificed portion of that 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.

 

37.  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.

 

38.  No Extra Claims

 

The Memorandum of Understanding between the Health Administration Corporation and the Union dated 24 December 2004 establishes the extent of any further claims that may be pursued by the Union as set down in Clause 5, Allowable and No Extra Claims, of that Memorandum.

 

39.  Induction and Orientation

 

The Corporation agrees that Orientation/Induction shall be provided to all employees covered by this award. The Corporation 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.

 

40.  Area, Incidence and Duration

 

(i)         This Award rescinds and replaces the Public Hospital Professional and Associated Staff Conditions of Employment (State) Award published 18 January 2002 (330 IG 908) and all variations thereof.

 

(ii)        This Award shall apply to persons employed in classifications contained herein in the following  so listed awards, 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, excluding the County of Yancowinna.

 

Dental Therapists (State) Award

 

Health and Community Employees Psychologists (State) Award

 

Health Employees Dental Officers (State) Award

 

Health Employees Dental technicians (State) Award

 

Public Hospital Dental Assistants (State) Award

 

Public Hospital Dental Staff (State) Award

 

Public Hospital Library Staff (State) Award

 

Public Hospital Medical Record Librarians (State) Award

 

Public Hospital Physiotherapists, Occupational Therapists and Speech Pathologists (State) Award

 

Public Hospital Professional Engineers (Biomedical Engineers) (State) Award

 

Public Hospital Social Workers (State) Award

 

Scientific Officer-Public Hospital Dietitians (State) Award

 

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

 

PART B - Monetary Rates

 

Table 1 - Rates and Allowances

 

Item	Clause	Description	Rate from	Rate from	Rate from
No.	No.		1.7.2005	1.7.2006	1.7.2007
			$	$	$
1	4 (i)	Allowances for persons employed in
		hospitals upon or west of the line
		commencing at Tocumwal, etc	3.40 p/week	3.40 p/week	3.40 p/week
2	4 (ii)	Allowance for persons employed in
		hospitals upon or west of the line
		commencing at Murray River etc.	6.80 p/week	6.80 p/week	6.80 p/week
3	10(ii)(a)	Breakfast Allowance	19.75	19.75	19.75
4	10(ii)(b)	Evening Meal Allowance	19.75	19.75	19.75
5	10(ii)(c)	Luncheon Allowance	19.75	19.75	19.75
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

 

 

 

R. P. BOLAND  J.

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.