CATHOLIC HEALTH CARE SERVICES NURSES' ENTERPRISE (STATE) AWARD 2001

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by New South Wales Nurses' Association, industrial organisation of employees.

 

(No. IRC 4769 of 2001)

 

 

AWARD

 

PART A

 

1.  Arrangement

 

Clause No.          Subject Matter

 

1          Arrangement

2          No Extra Claims

3          Definitions

4          Hours of Work and Free Time of Employees Other Than Directors of Nursing

5          Hours of Work and Free Time of Directors of Nursing

6          Banking of Hours

7          Rosters

8          Pilot Roster Projects

9          Salaries

10        Transitional Arrangements - Registered Nurse Incremental Scale

11        Recognition of Service and Experience

12        Average Occupied Beds

13        Special Allowances

14        Penalty Rates for Shift Work and Weekend Work

15        Fares and Expenses

16        Telephone Allowance

17        Uniforms and Laundry Allowances

18        Higher Grade Duty

19        Overtime

20        Remuneration Packaging

21        Payment and Particulars of Salaries

22        Registration or Enrolment Pending

23        Part-time, Casual and Temporary Employees

24        Annual Leave and Public Holidays

25        Annual Leave Loading

26        Sick Leave

27        Long Service Leave

28        Compassionate Leave

29        State Personal/Carer’s Leave

30        Parental Leave

31        Learning & Development Leave

32        Staff Amenities

33        Special Provisions Relating to Trainee Enrolled Nurses

34        Escort Duty

35        Deputy Director of Nursing, Assistant Director of Nursing

36        Proportion

37        Medical Examination of Nurses

38        Domestic Work

39        Branch Officials

40        Labour Flexibility

41        Termination of Employment

42        Award Benefits to be Continuous

43        Right of Entry

45        Attendance at Meetings and Fire Drills

46        Resolution of Disputes

47        Anti-Discrimination

48        Enterprise Arrangements

49        Leave Reserved

50        Workplace Consultative Committee

51        Relationship to Awards

52        Area, Incidence and Duration

 

PART B

 

MONETARY RATES

 

Table 1 - Monetary Rates

Table 2 - Other Rates and Allowances

 

 

2.         No Extra Claims

 

It is a term of this Award that the Association undertakes, until 30 June 2003, not to pursue any extra claims, award or over award, except where consistent with the current wage-fixation principles or Clause 49 Leave Reserved.

 

3.         Definitions

 

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

 

(i)         "Industry of Nursing" means the industry of persons engaged in New South Wales in the profession of nursing in private hospitals and/or aged care facilities.

 

(ii)        "Hospital" means a private hospital as defined by the Private Hospitals and Day Procedure Centres Act 1988.

 

(iii)       "Aged Care Facilities" means a nursing home or hostel as defined in the Nursing Homes Act 1988 or Aged and Disabled Persons Care Act 1954

 

(iv)       "Health Care facility" means hospital and/or aged care facility as defined herein.

 

(v)        "Board" means the Nurses' Registration Board of New South Wales.

 

(vi)       "Trainee Enrolled Nurse" means a person who is being trained to become an enrolled nurse in a hospital approved for this purpose by the Board.

 

(vii)      "Assistant in Nursing" means a person, other than a registered nurse, student nurse, trainee enrolled nurse, or enrolled nurse, who is employed in nursing duties.

 

(viii)     "Enrolled Nurse" means a person enrolled by the Board as such.

 

(ix)       "Enrolled Nurse - Special Grade" means an enrolled nurse, with an Advanced Certificate qualification and a minimum of six years full time equivalent post enrolment experience, including three years full time equivalent experience in the relevant clinical area. Such a nurse is appointed to a position established by the employer, which satisfies the criteria as agreed between the Association and the employer from time to time.

 

(x)        "Salary Packaging" refers to the packaging of an employee’s salary to provide for the payment of fringe benefits to reduce the total employment cost of the employee. The calculation is based on the employee’s gross income immediately prior to the commencement of this Award.

 

(xi)       Clinical Nurse Specialist

 

"Clinical Nurse Specialist" means a registered nurse with relevant post-basic qualifications and 12 months’ experience working in the clinical area of his/her specified post-basic qualification, or a minimum of four years’ post-basic registration experience, including three years’ experience in the relevant specialist field and who satisfies the local criteria.

 

(xii)      "Nursing Unit Manager" means a registered nurse in charge of a ward or unit or group of wards or units shall include:

 

"Nursing Unit Manager Level 1" whose responsibilities include:

 

(a)        Co-ordination of Patient Services

 

Liaison with all health care disciplines for the provision of services to meet patient needs.

 

The orchestration of services to meet patient needs after discharge.

 

Monitoring catering and transport services.

 

(b)        Unit Management

 

Implementation of employer policy.

 

Dissemination of information to all personnel.

 

Ensuring environmental safety.

 

Monitoring the use and maintenance of equipment.

 

Monitoring the supply and use of stock and supplies.

 

Monitoring cleaning services.

 

(c)        Nursing Staff Management

 

Direction, co-ordination and supervision of nursing activities.

 

Training, appraisal and counselling of nursing staff.

 

Rostering and/or allocation of nursing staff.

 

Development and/or implementation of new nursing practice according to patient need.

 

"Nursing Unit Manager Level 2" whose responsibilities in relation to patient services, ward or unit management and staff management are in excess of those of a Nursing Unit Manager Level 1.

 

"Nursing Unit Manager Level 3" whose responsibilities in relation to patient services ward or unit management and staff are in excess of those of a Nursing Unit Manager Level 2.

 

(xiii)     "Clinical Nurse Educator" means a registered nurse with relevant post registration certificate qualifications or experience deemed appropriate by the employer, who is required to implement and evaluate educational programmes at the ward/unit level.

 

The Clinical Nurse Educator shall cater for the delivery of clinical nurse education in the ward/unit level only.

 

A nurse will achieve Clinical Nurse Educator status on a personal basis by being required by the employer to provide the educational programmes detailed above.

 

Nothing in this clause shall affect the role carried out by the Clinical Nurse Specialist as a specialist resource and the Clinical Nurse Consultant in the primary role of clinical consulting, researching etc.

 

(xiv)     "Nurse Educator" means a registered nurse with a post registration certificate, who has relevant experience or other qualifications, deemed appropriate by the employer who is appointed to a position of Nurse Educator.

 

A Nurse Educator shall be responsible for the development, implementation and delivery of nursing education programmes within a health or aged care facility or group of facilities.  Nurse education programmes shall mean courses conducted such as post registration certificates, continuing nurse education, new graduate orientation, post registration enrolled nurses courses and where applicable general staff development courses.

 

A person appointed to a position of Nurse Educator who holds relevant tertiary qualification in education or tertiary postgraduate specialist clinical nursing qualifications shall commence on the 3rd year rate of the salary scale.

 

A person appointed as the sole nurse educator for a health or aged care facility or group of facilities shall be paid at the 3rd year rate of the salary scale.

 

Incremental progression for Nurse Educators' shall be on completion of 12 months' satisfactory service subject that progression shall not be beyond the 3rd year rate unless the person possesses the qualifications detailed in the two previous paragraphs.  Persons appointed to the 3rd year rate by virtue of paragraphs 3 and 4 above shall progress to the 4th year rate after completion of 12 months' satisfactory full time service.

 

(xv)      "Senior Nurse Educator" means a registered nurse with a post registration certificate or appropriate qualifications, who has, or is working towards recognised tertiary qualifications in education or equivalent and has demonstrated experience and skills in the field of education appointed to a position of Senior Nurse Educator.

 

A Senior Nurse Educator shall be responsible for one or more Nurse Educators in the planning, co-ordination, delivery, and evaluation of educational programmes such as post registration certificate courses, continuing nurse education, new graduate orientation, post registration enrolled nurses courses and where applicable general staff development courses either on a health or aged care facility or group of health care facilities basis.

 

Incremental progression shall be on completion of 12 months' satisfactory service.

 

(xvi)     "Clinical Nurse Consultant Grade 1" means a registered nurse appointed as such to the position of, whose had at least five years post-basic registration experience and who has in addition approved post-basic nursing qualifications relevant to the field in which they are appointed or such other qualifications or experience deemed appropriate by the employer.

 

"Clinical Nurse Consultant Grade 2" means:  a registered nurse appointed as such to a position , who has at least 5 years full time equivalent post registration experience, with at least 3 years full time equivalent experience in the specialty field.  In addition the nurse must have approved postgraduate nursing qualifications relevant to the field in which he/she is appointed or such other qualifications or experience deemed appropriate by the employer.  An employer may also require a higher qualification in the specialist nursing field where such a qualification is considered essential for the performance of the individual position.

 

"Clinical Nurse Consultant Grade 3" means:  a registered nurse appointed as such to a position, who has at least 7 years full time equivalent post registration experience, with at least 5 years full time equivalent experience in the specialty field.  In addition the nurse must have approved postgraduate nursing qualifications relevant to the field in which he/she is appointed or such other qualifications or experience deemed appropriate by the employer.  An employer may also require a higher qualification in the specialist nursing field where such a qualification is considered essential for the performance of the individual position.

 

(xvii)    "Assistant Director of Nursing" means:

 

(a)        A person appointed as such in a health or aged care facility where the adjusted daily average of occupied beds is not less than 150 and includes a person appointed as the nurse in charge during the evening or night in a health or aged care facility where the adjusted daily average of occupied beds is not less than 150.

 

(b)        A person appointed to be a registered nurse in charge of all theatres in a hospital having four or more major theatres in regular use.

 

(c)        A person appointed as such to a position approved by the employer including persons appointed to be in charge of the administration of a group of wards or department of a health or aged care facility including a community nursing department.

 

(xviii)   "Day Worker" means a worker who works their ordinary hours from Monday to Friday inclusive and who commences work on such days at or after 6.00 am and before 10.00 am otherwise than as part of the shift system.

 

(xix)      "Deputy Director of Nursing" means a person appointed to that position or deemed to hold that position pursuant to Clause 35, Deputy Director of Nursing and Assistant Director of Nursing, of this award.

 

(xx)       "Director of Nursing" means a registered nurse who is registered by their employer with the Health Administration Corporation of New South Wales as the person in charge of the health or aged care facility.  There shall be only one person in each hospital entitled to be classified as Director of Nursing or whatever title the Senior Nursing Administrator is known by in individual health or aged care facility.

 

(xxi)      "Experience" in relation to a trainee enrolled nurse, enrolled nurse, or assistant in nursing means experience before and/or after the commencement of this award whether within New South Wales or elsewhere and in the case of a trainee enrolled nurse, enrolled nurse or assistance in nursing who was formerly a student nurse includes experience as such student nurse.

 

For the purpose of determining the year of experience for part time or casual employment a year of experience shall be 1976 hours of employment, including all periods of paid leave.

 

(xxii)

 

(a)        "Service" for the purpose of Clause 9, Salaries, means service before or after the commencement of this award in New South Wales or elsewhere as a registered nurse, provided that all service recognised prior to the commencement of this award shall continue to be recognised.

 

(b)        To the foregoing shall be added any actual periods on and from January 1971 during which a registered nurse undertook a post-basic course whilst an employee of and rendering service in an institution or hospital and such course is recognised by the Board or acceptable to the Health Administration Corporation of New South Wales, or is one of the following certificate or diploma courses:

 

Associate Diploma in Community Health - College of Nursing, Australia; NSW College of Nursing.

 

Associate Diploma in Nursing Administration - College of Nursing, Australia; NSW College of Nursing.

 

Associate Diploma in Nursing Education - College of Nursing, Australia; NSW College of Nursing; Newcastle College of Advanced Education.

 

Certificate in Operating Theatre Management - NSW College of Nursing, Australia.

 

Certificate in Operating Theatre Technique - College of Nursing, Australia.

 

Certificate in Coronary Care - NSW College of Nursing.

 

Certificate in Orthopaedic Nursing - NSW College of Nursing.

 

Certificate in Ward Management - NSW College of Nursing.

 

Midwife Tutor Diploma - College of Nursing, Australia, or Central Midwives Board, London.

 

Occupational Health Nursing Certificate - NSW College of Nursing.

 

Provided that no more than three such courses shall count as service.

 

A reference to the New South Wales College of Nursing in this award shall be deemed to be a reference also to the School of Nursing Studies, Cumberland College of Health Sciences.

 

(c)        For the purpose of determining the year of service for part time or casual employment a year of service shall be 1976 hours of employment, including all periods of paid leave.

 

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

 

(xxiv)   "Association" means the New South Wales Nurses' Association.

 

4.         Hours of Work and Free Time of Employees Other Than Directors of Nursing

 

(i)         The ordinary hours of work for day workers, other than Directors of Nursing, 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 am and before 10.00 am.

 

(ii)        The ordinary hours of work for shift workers, other than Directors of Nursing, exclusive of meal times, shall not exceed an average of 38 hours per week in each roster cycle.

 

(iii)      

 

(a)        The hours of work prescribed in subclauses (i) and (ii) of this clause shall, where possible, be arranged in such a manner, that in each roster cycle of 28 calendar days each employee shall not work their ordinary hours or work on more than nineteen days in the cycle, but this shall not apply to students in block.

 

(b)        Notwithstanding the provision of paragraph (a) of this subclause, employees may, with the agreement of the employer work shifts of less than 8 hours each over 20 days in each cycle of 28 days.

 

(c)        Provided that on the occasion of an employee's written request, and with the consent of the employer, a 9.5 day fortnight may be worked instead of the 19-day month.

 

(iv)       Except where authorised by subclause (xix) of this clause, each shift shall consist of no more than 10 hours on a day shift or 11 hours on a night shift with not less than 8 hours break between each shift; provided that an employee shall not work more than 7 consecutive shifts unless the employee so requests and the Director of Nursing agrees.  An employee shall not work more than two (2) quick shifts in any period of 7 days.

 

A quick shift is an evening shift which is followed by a morning shift.

 

(v)        The employer is to decide when employees take their additional days off duty prescribed by subclause (iii) of this clause (as a consequence of the implementation of the 38 hour week). Where necessary the employer must consult with the affected employees to ascertain the employees’ preferences and must take any such preferences into account when arriving at a decision. Where practicable additional days off duty shall be consecutive with the rostered days off duty prescribed in subclause (xiv) of this clause.

 

(vi)       Once set, the additional days off may not be changed except in accordance with the provisions of Clause 7, Rosters.

 

(vii)      Where the employer’s decision (in accordance with subclause (v) of this clause) is that an employee’s additional days off be accumulated, no more than 6 days may be accumulated in any one-year of employment. By mutual agreement this may be extended to no more than 12 days at any one time.

 

(viii)     Except for breaks for meals the hours of duty each day shall be continuous.  Provided, that in the case of permanent part-time employees, the employer may apply to the New South Wales Nurses' Association for an exemption from this provision, and from subclause (iv) of this clause with regard to the span of hours only, to enable an additional break of no more than 4 hours.  In any event, the span of hours shall not exceed 12 hours.

 

(ix)      

 

(a)        Each employee shall be allowed a break of not less than thirty minutes and not more than sixty minutes for each meal occurring on duty.

 

(b)        Where practicable, employees shall not be required to work more than 5 hours without a meal break.  Provided that where practicable an employee engaged to work for 5 hours or less in any one shift may elect not to take a meal break as otherwise provided for by this subclause without penalty to the employer.  The term where practicable' encompasses regard being paid to the service requirements of the employer.

 

(x)        Two separate ten-minute intervals (in addition to meal breaks) shall be allowed each employee on duty during each ordinary shift of 8 or 10 hours as the case may be.  Subject to agreement between the employer and the employee, such intervals may alternatively be taken as one twenty-minute interval, or by one 10-minute interval with the employee allowed to proceed off duty 10 minutes before the completion of the normal shift finishing time.  Such interval(s) shall count as working time.

 

(xi)

 

(a)        Subclauses (ix) and (x) of this clause shall not apply to an employee who, before going on night duty, is provided with a meal between 9.00 pm and 11.00 pm and who is allowed two intervals of twenty minutes each during the period of night duty but such intervals shall count as working time and shall be paid for as such.

 

(b)        Where an employee is required to change into a uniform or a specified type of garment at the employer's premises they shall be allowed ten minutes for such a purpose and such time shall be counted as working time and paid for as such.

 

(xii)

 

(a)        Except as provided for in paragraph (b) an employee shall not be employed on night duty for a longer period than 8 consecutive weeks.  After having served a period of night duty an employee shall not be required to serve a further period on night duty until they have been off night duty for a period equivalent to the previous period on night duty.

 

(b)        The provisions of paragraph (a) shall not apply to an Assistant Director of Nursing, a Nursing Unit Manager or a general nurse in charge, as the case may be, who is employed permanently in charge at night nor to an employee who requests to be employed on night duty and the Director of Nursing consents.

 

(c)        Moreover except in cases of emergency a trainee enrolled nurse shall not be employed on night duty for more than 10 weeks in any one year of training nor shall a trainee enrolled nurse who is sitting for his or her final examination be required to perform night duty during a period of at least two weeks prior to the respective examination or on the two nights following such examination.

 

(xiii)     An employee changing from night duty to day duty or from day duty to night duty shall be free from duty during the twenty hours immediately preceding the commencement of the changed day.

 

(xiv)

 

(a)        Each employee shall be free from duty for not less than two full days in each week or four full days in each fortnight or eight full days in each twenty-eight (28) day cycle and no duties shall be performed by the employee on any of such free days except for overtime.  Where practicable, days off shall be consecutive and shall not be preceded by an evening shift or a night shift unless an additional eight hours are granted as sleeping time.  An evening shift shall be one which commences at or after 1.00 pm and before 4.00 pm.

 

(b)        An employee, at her or his request, may be given free from duty time in one or more periods but no period shall be less than one full day.

 

(c)        For the purpose of this subclause "full day" means from midnight to midnight or midday to midday.

 

(xv)

 

(a)        Employees may be required to remain on call.  Any such time on call shall not be counted as time worked (except insofar as an employee may take up actual duty in response to a call), but shall be paid for in accordance with Clause 13, Special Allowances, of this award: Provided, however, no employee shall be required to remain on call whilst on leave or on the day before entering upon leave.

 

(b)        No employee shall be required to remain on call whilst on a rostered day off nor on completion of the shift on the day preceding a rostered day off.  This provision shall not apply where in special circumstances it is necessary for an employer to place staff on call on rostered days off or on completion of the shift on the day preceding a rostered day off in order to ensure the provision of services.

 

(xvi)     All rostered time off duty occupied by a trainee enrolled nurse in attendance at lectures and demonstrations given in the course of instruction in the theory and practice of nursing or during the time necessarily occupied in attending at and sitting for prescribed examinations shall be deemed to be time worked.

 

(xvii)    The employer shall not alter the period over which the ordinary hours of work of employees are balanced except upon giving one month's notice of their intention so to do to the Industrial Registrar and to the Association.

 

(xviii)   The provisions of paragraphs (a) and (b) of subclause (xii) and of subclause (xiii) and of paragraph (a) of subclause) (xiv) of this clause, shall not apply if the employee is required to perform duty to enable the nursing service of the employer to be carried on or where another employee is absent from duty on account of illness or in an emergency.

 

(xix)      The following criteria shall apply to the introduction of 12 hour shifts:

 

(a)        12 hour shifts will only be introduced in units where there has been full consultation with the staff affected and a majority of the staff affected agree to the introduction of the proposed 12 hour shift system;

 

(b)        any employee who does not wish to work under the 12 hour shift system may work a mutually agreed alternative shift system in the unit affected or may transfer to another mutually agreed position within the facility with no loss of classification and contracted hours;

 

(c)        the span of hours must not exceed 12.5 hours;

 

(d)        there must be a maximum of three consecutive night shifts which include one or more 12 hour shifts;

 

(e)        there must be a minimum break of 11.5 hours rostered between each 12 hour shift;

 

(f)         employees must be allowed either two 30 minutes or one 60 minutes meal break. In addition to the meal breaks employees must be allowed either two 10 minute or one 20 minute paid tea break;

 

(g)        the employer must notify the Association of  the implementation of the 12 hour shifts at least one month prior to commencing the new arrangements. The details of that notification must indicate the number of staff involved, the section of the hospital involved and the award provisions which need to be overridden.

 

(h)        there must be an evaluation process at the completion of the first 12 months, or sooner if the employer and affected employees agree. The evaluation process must involve representatives of employees and the employer. Aspects which are to be considered in the evaluation process are to include occupational health and safety data, sick leave patterns and the frequency of overtime.

 

(i)         the Association is to be notified of the outcome of the evaluation process;

 

(j)         nothing contained in this subclause shall prevent an individual employee and their employer reaching mutual agreement to that individual working 12 hour shifts.

 

5.         Hours of Work and Free Time of Directors of Nursing

 

This clause does not apply to part-time employees.

 

(i)         A Director of Nursing shall be free from duty for not less than 9 days in each 28 consecutive days and such days free from duty may be taken in one or more periods.

 

(ii)        If any of the days mentioned in subclause (i) of this clause cannot be taken by reason of emergency, such day or days shall be given and taken within 28 days of becoming due.

 

(iii)       A Director of Nursing shall, where practicable, inform his or her employer giving not less than seven days' notice of the days he or she proposes to be free from duty; provided that such days shall be subject to the approval of the employer, and such approval shall not be unreasonably withheld.

 

6.         Banking of Hours

 

(i)         A full time or part time employee may, by agreement made daily, weekly or fortnightly with their NUM or DON:

 

(a)        work less than their daily, weekly or fortnightly rostered or contracted hours and work those hours at a later date; or

 

(b)        work more than their daily, weekly or fortnightly rostered or contracted hours and take time off in lieu of payment, or may set off the additional hours worked against any owing under i) above.

 

(ii)        An employee who works less than their rostered or contracted hours shall be paid as if those hours had been worked during the relevant period, including payment for any weekend or shift penalties that would otherwise have been due for the time not worked.

 

(iii)       An employee who works more than their rostered or contracted hours shall not receive payment for any weekend or shift penalties that would otherwise have been due for that extra time worked.

 

(iv)       Time debited or credited under these arrangements shall all be at ordinary time, i.e., an hour for an hour.

 

(v)        An employee may not have more than 76 hours in debit or credit at any point in time.

 

(vi)       Employees who have hours in debit must be given first option to work additional hours prior to the use of casual employees.

 

(vii)      The employer must keep detailed records of all hours credited and debited to employees under these arrangements. Employees must have full access to these records.

 

(viii)     On termination of employment the employer must pay the employee for all hours in credit and may deduct from termination pay the value of any hours in debit.

 

(ix)       Either party shall have the right to terminate an agreement under this clause with two weeks notice.

 

7.         Rosters

 

(i)         The ordinary hours of work for each employee, other than the Director of Nursing and casual employees shall be displayed on a roster in a place conveniently accessible to employees.

 

(ii)        The roster shall be displayed where practicable at least two weeks prior, but in any event not less than one week prior, to the commencing date of the first working period in the roster. Provided that in the case of a permanent part-time employee whose hours are balanced over 4 weeks, the roster shall be displayed where practicable, at least 4 weeks prior to the commencing date of the first working period in the roster but in any event not less than one week prior, to the commencing date of the first working period in the roster.

 

(iii)       Notwithstanding the foregoing provisions of this clause, a roster may be altered at any time to enable the nursing service of the health or aged care facility to be carried on where another employee is absent from duty on account of illness or in an emergency: Provided that where any such alteration involves an employee working on a day which would otherwise have been such employee's day off, the day off in lieu thereof shall be as mutually arranged.

 

(iv)       Prior to the date of the changed shift, such change of roster shall be notified verbally or in writing to the employee concerned.

 

(v)        An employee may change their roster at short notice, with the agreement of their unit manager or Director of Nursing for any reasonable ground.

 

(vi)       An employer may change an employee’s roster at short notice, with the agreement of the employee, for any reasonable ground including unexpected situations and unforseen fluctuations in patient dependency.

 

(vii)      Where an employee is entitled to an additional day off duty in accordance with Clause 4, Hours of Work and Free Time of Employees other than Directors of Nursing, of this award, such day is to be shown on the roster of hours for that employee.

 

(viii)     All rosters shall be retained for at least six years.

 

8.         Pilot Roster Projects

 

(i)         Notwithstanding any other provision of this award, Pilot Roster Projects for the purposes of trialing flexible roster practices may be implemented on the following basis:

 

(a)        The terms of the Pilot Roster Project shall be agreed in writing between the employer and the Association on behalf of the nurses participating in the project.  Provided that the Association shall not unreasonably refuse to agree to, or unreasonably delay in responding to, a Pilot Roster Project proposed by an employer.

 

(b)        The terms shall include

 

(1)        the duration of the project; and

 

(2)        the conditions of the project, and

 

(3)        the award provisions required to be overridden in order to implement the project; and

 

(4)        review mechanisms to assess the effectiveness of the project.

 

(c)        Whilst the Pilot Roster Project is being conducted according to its terms, the employer shall not be deemed to be in breach of the award by reason alone of implementing the project.

 

(d)        Any purported Pilot Roster Project which does not comply with this clause is not a Pilot Roster Project for the purposes of this clause and in particular no employer shall be able to claim the benefit of subclause (c) when implementing such project.

 

(ii)        The Association agrees to participate in a review of the operation of this clause, if requested by a party to the making of this award.

 

9.         Salaries

 

(i)         The minimum salaries per week shall be as set out in Table 1 - Salaries, of Part B, Monetary Rates.

 

In relation to the salaries of Deputy Director of Nursing and Director of Nursing, "beds" means adjusted daily average of occupied beds; in relation to the salary of Subsidiary Hospital Director of Nursing, "beds" means the adjusted daily average of occupied beds in the subsidiary hospital.

 

The salaries set out Table 1 - Salaries, of Part B, Monetary Rates facilitate the following increases:

 

2% from the beginning of the first pay period on or after 1 January 2001 *

3% from the beginning of the first pay period on or after 1 January 2002

4% from the beginning of the first pay period on or after 1 January 2003

5% from the beginning of the first pay period on or after 1 July 2003

 

* NOTE:          The parties to the enterprise award have agreed that the first increase to rates of pay shall apply by administrative action from the first pay period on or after 1 January 2001. 

 

10.       Transitional Arrangements - Registered Nurse Incremental Scale

 

(i)         For the purposes of this clause "transitional date" means the first pay period commencing on or after 1 March 1997.

 

(ii)        The year of service for the purpose of the incremental scale for a registered nurse employed at the transitional date shall be determined by locating the registered nurse’s current year of service on the incremental scale in Column A of the Transitional Table in subclause (iv).  The registered nurse’s incremental year of service shall be deemed to be the year of service appearing opposite in Column B of the Transitional Table.  Provided that a registered nurse with eight or more actual years of service shall be placed on the eighth year of service in Column B of the Transitional Table.

 

(iii)       Registered nurses who commence employment with an employer after the transitional date shall have their year of service determined as if they were employed by the employer at the transitional date.  That is; the transitional arrangements shall apply to all periods of employment, under this award, which commence on or after the transitional date.

 

(iv)       Transitional Table:

 

Column A   (Old incremental scale)	Column B   (New incremental scale)
First year of service	First year of service
Second year of service	First year of service
Third year of service	Second year of service
Fourth year of service	Third year of service
Fifth year of service	Fourth year of service
Sixth year of service	Fifth year of service
Seventh year of service	Sixth year of service
Eighth year of service	Seventh year of service
UGI	Eighth year of service
Note: For the purposes of the old incremental scale only, a registered nurse who has obtained an appropriate degree in Nursing or Applied Science (Nursing) or Health Studies (Nursing) (referred to for the purposes of this clause as a "UGI" qualification) shall enter the incremental scale on the second year of service.

 

(v)        The year of service determined by this clause shall be year of service only for the purposes of Clause 9, Salaries.  In particular this clause shall not affect the definition of service for the purposes of Clause 24, Annual Leave; Clause 26 Sick Leave or Clause 27, Long Service Leave.

 

(vi)       A registered nurse’s anniversary date for the purpose of moving to the next year of service is not affected by this clause.

 

11.       Recognition of Service and Experience

 

(i)         The employer shall notify each nurse in writing of the requirements of this clause at the time of the nurse's commencement of employment.  If the employer does not so notify the nurse then the requirements of this clause shall not commence until the employer does so notify the nurse.

 

(ii)        From the time of commencement of employment the nurse has three months in which to provide documentary evidence to their employer detailing any other 'service' or 'experience', as defined in Clause 3, Definitions, not disclosed at the time of commencement.  This evidence, in the absence of other documentary evidence may take the form of a statutory declaration.

 

(iii)       Until such time as the nurse furnishes any such documentation contemplated in (ii) above the employer shall pay the nurse at the level for which documentary evidence has been provided.

 

(iv)       If within three months of commencing employment a nurse does provide documentary evidence of other previous service or experience not disclosed at the time of commencement, the employer shall pay the nurse at the appropriate rate as and from the date of commencement that would have been paid from that date had the additional evidence been provided at that time.

 

(v)        If a nurse provides documentary evidence of other previous service or experience not disclosed at the time of commencement after the said three months period, the nurse shall be paid a rate appropriate for the previous service or experience then proved but only from the date of providing that evidence to the employer.

 

(vi)       A nurse who is working as a nurse for more than one organisation shall notify each employer under this award within one month of the end of each quarter of their hours of service or experience, as appropriate, worked with those other employers in the last quarter.

 

(vii)      A nurse who is entitled to progress to the next year of service or experience (by reason of hours worked with other employers) as and from a particular date must provide documentary evidence of that entitlement within three months of that entitlement arising.  If that proof is so provided the nurse shall be paid at the higher rate as and from the particular date.  If the documentary evidence is provided outside that three month period the nurse shall be paid at the higher rate only from the date of proof.

 

12.       Average Occupied Beds

 

For the purpose of ascertaining the adjusted daily average of occupied beds of a health or aged care facility, each newly-born baby shall count as one half patient and 700 registered outpatients per annum shall count as one occupied bed.  The average shall be taken for the twelve months ended on the 30 June in each and every year and such average shall relate to the salary of the succeeding year.  Each employer shall furnish to the Association, by prepaid letter posted on or before the 31 July in each year, a statement in writing showing the adjusted daily average of occupied beds for the twelve months ending on the preceding 30 June.

 

13.       Special Allowances

 

(i)

 

(a)        A registered nurse in charge during the day, evening or night of a health or aged care facility having a daily average of occupied beds of less than 100 shall be paid, in addition to her or his appropriate salary, whilst so in charge, the sum set out in Item 1 of Table 2 - Other Rates and Allowances, of Part B Monetary Rates, per shift.

 

(b)        A registered nurse in charge of a shift in a ward or unit during the day, evening or night in the absence of the Nursing Unit Manager shall be paid, in addition to her or his appropriate salary whilst so in charge the sum set out in Item 2 of Table 2, per shift. This subclause shall only apply where the registered nurse is in charge of one or more other nurses in the ward or unit in question.

 

(c)        This subclause shall not apply to registered nurses holding classified positions of a higher grade than that of registered nurse.

 

(ii)       

 

(a)        An employee required by their employer to be on call otherwise than as provided for in paragraph (b) shall be paid the sum set out in Item 3 of Table 2 for each period of 24 hours or part thereof provided that only one allowance shall be payable in any period of 24 hours.

 

(b)        An employee required to be on call on rostered days off in accordance with subclause (xv)(b) of Clause 4 shall be paid the sum set out in Item 4 of Table 2 for each period of 24 hours or part thereof provided that only one allowance shall be payable in any period of 24 hours.

 

(c)        An employee who is directed to remain on call during a meal break shall be paid an allowance of the sum set out in Item 5 of Table 2 provided that no allowance shall be paid if, during a period of 24 hours including such period of on call, the employee is entitled to receive the allowance prescribed in (a) above.  If an employee is recalled to duty during such meal break, they shall be paid at overtime rates for the total period of the meal break.

 

(d)        Where an employee on remote call leaves the health or aged care facility and is recalled to duty, they shall be reimbursed all reasonable fares and expenses actually incurred provided that where an employee uses a motor car in these circumstances the allowance payable shall be the transport rate prescribed from time to time by the NSW Health Department.  The provisions of this paragraph shall apply to all employees.

 

(e)        This subclause shall not apply to a Director of Nursing, Subsidiary Hospital Director of Nursing, Deputy Director of Nursing or Assistant Director of Nursing.

 

(iii)      

 

(a)        Where a Director of Nursing is required by the employer to perform radiographic duties they shall be paid in addition to their appropriate salary an allowance of the sum set out in Item 6 of Table 2 per week.

 

(b)        The allowance prescribed by paragraph (a) of this subclause shall apply to an employee who relieves the Director of Nursing for a period of one week or more.

 

(c)        An employee who is performing radiographic duties in the absence of the Director of Nursing for a period of less than one week shall be paid in addition to his or her appropriate salary a daily allowance of the sum set out in Item 7 of Table 2; provided that the maximum allowance per week payable in accordance with this paragraph shall not exceed the sum set out in Item 8 of Table 2.

 

(d)        The allowance prescribed by this subclause shall be regarded as part of the salary for the purpose of this award.

 

(e)        Provided that the allowances provided for in this subclause shall only be paid to employees who had been in receipt of the allowance prior to 1 July 1996.

 

(iv)       An employee required to wear a lead apron shall be paid an allowance of the sum set out in Item 9 of Table 2 for each hour or part thereof that they are required to wear the said apron.

 

(v)

 

(a)        A registered nurse who is designated to be in-charge of a ward or unit when the Nursing Unit Manager is not rostered for duty and who is also designated to be in-charge of a health or aged care facility with less than 100 beds during the day, evening or night on the same shift shall be paid an allowance per shift of the sum set out in Item 10 of Table 2. This subclause shall only apply where the registered nurse is in charge of one or more other nurses in the ward or unit in question.

 

(b)        This subclause shall not apply to registered nurses holding classified positions of a higher grade than of a registered nurse.

 

14.       Penalty Rates for Shift Work and Weekend Work

 

(i)         Employees working afternoon or night shift shall be paid the following percentages in addition to the ordinary rate for such shift: Provided that employees who work less than 38 hours per week shall only be entitled to the additional rates where their shifts commence prior to 6.00 am or finish subsequent to 6.00 pm.

 

Afternoon shift commencing at 10.00 am and before 1.00 pm - 10%

Afternoon shift commencing at 1.00 pm and before 4.00 pm - 12.5%

Night shift commencing at 4.00 pm and before 4.00 am - 15%

Night shift commencing at 4.00 am and before 6.00 am - 10%

 

(ii)        "Ordinary rate" and "ordinary time" shall not include any percentage addition by reason of the fact that an employee works less than 38 hours per week but shall include amounts payable under Clause 9, Salaries; and Clause 13, Special Allowances subclause (iii).

 

(iii)       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 6.00 am and before 10.00 am.

 

"Afternoon shift" means a shift which commences at or after 10.00 am and before 4.00 pm.

 

"Night Shift" means a shift which commences at or after 4.00 pm and before 6.00 am on the day following.

 

(iv)       Employees whose ordinary working hours include work on a Saturday and/or Sunday, shall be paid for ordinary 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 the subclause (i) of this clause.

 

The foregoing paragraph shall apply to employees who work less than 38 hours per week, but such employees shall not be entitled to be paid in addition any allowance prescribed by Clause 23, Part-time, Casual and Temporary Employees, of this award in respect of their employment between midnight on Friday and midnight on Sunday.

 

(v)        The additional payments prescribed by this clause shall not form part of the employee's ordinary pay for the purposes of this award, except as provided in Clause 24, Annual Leave, of this award.

 

(vi)

 

(a)        This subclause shall only apply to nurses who work an entire ordinary time shift in a discrete designated day procedure ward or unit which routinely functions between the hours of 7.00 am and 6.00 pm.

 

(b)        This subclause shall not apply to any nurse whose employment commenced prior to 15 December 1994 and who has been employed on a continuous basis since that date.

 

(c)        A nurse to whom this subclause applies shall not be entitled to an additional penalty rate payment for ordinary time worked prior to 6.00 pm on any week day.

 

(d)        A nurse to whom this subclause applies shall be paid, in addition to their ordinary rate, a penalty payment at the rate of 15% for all ordinary time worked after 6.00 pm on any week day.

 

15.       Fares and Expenses

 

(i)         A student nurse or trainee enrolled nurse sitting for an examination prescribed by the Board and required to travel from the home centre to an examination centre shall be paid by the employer all fares necessarily incurred in such travelling, and if it is reasonably necessary for each student nurse or trainee enrolled nurse to sleep away from such home centre the employer shall pay in addition to the fares the cost of reasonable accommodation and meals.  "Home Centre" means the town in which is situated the hospital at which such student nurse or trainee enrolled nurse is employed.

 

(ii)        An employee required to travel in the performance of duty shall be paid all reasonable out of pocket expenses (including fares).

 

(iii)

 

(a)        An employee who is engaged for an indefinite period and who remains in the employment for at least six months shall be reimbursed forward fares from the place of engagement; provided that the distance of normal travel therefrom to the employment exceeds 40 kilometres.

 

(b)        An employee who is engaged for an indefinite period and who is dismissed within six months for any reason other than misconduct or inefficiency shall be reimbursed forward fares from the place of engagement; provided that the distance of normal travel there from to the employment exceeds 40 kilometres; and shall also be reimbursed return fares to such place of engagement or the employee's immediate destination, whichever is the cheaper.

 

(iv)       An employee who is engaged for a definite period and who completed the period of engagement or who is dismissed before completing such period for any reason other than misconduct or inefficiency shall be reimbursed also return fares to such place of engagement or to the employee's immediate destination, whichever is the cheaper.

 

(v)        Subclauses (iii) and (iv) of this clause shall not apply to, trainee enrolled nurses or to nurses travelling to a health or aged care facility for post-graduate training.

 

(vi)       Fares within the meaning of this clause shall include only fares incurred in respect to travel within New South Wales.

 

(vii)      An employee who claims reimbursement of fares, pursuant to this clause, shall furnish to the employer, if so required, satisfactory proof that they have not received from another employer reimbursement in respect of those fares.

 

16.       Telephone Allowance

 

If an employee is required, for the purpose of their employment, to be on call on a regular basis or where an employee is required by their employer to have a telephone installed for the purpose of their employment the employer shall be responsible for the following payments:

 

(a)        Where the employee already has a telephone installed:

 

(i)         three quarters of the cost of rental of the telephone;

 

(ii)        the cost of all official STD and mobile phone calls.

 

(b)        Where the employee does not have the telephone installed:

 

(i)         the cost of installation of the telephone;

 

(ii)        three quarters of the cost of rental of the telephone;

 

(iii)       the cost of all official STD and mobile phone calls.

 

Provided that where the employee is provided with a Pager the employer shall be responsible for the following payments:

 

(a)        one half of the cost of rental of the telephone;

 

(b)       the cost of all official STD and mobile phone calls.

 

17.       Uniform and Laundry Allowances

 

(i)         Subject to subclause (iii) of this clause, sufficient, suitable and serviceable uniforms, including one pair of shoes per annum which shall be of a recognised acceptable standard for the performance of nursing duties, and one cardigan or jacket shall be supplied free of cost to each employee.  An employee to whom a new uniform or part of a uniform has been issued who, without good reason, fails to return the corresponding article last supplied shall not be entitled to have such article replaced without payment therefore at a reasonable price.

 

(ii)        An employee, on leaving the service of an employer, shall return any uniform or part thereof supplied by that employer which is still in use immediately prior to leaving.

 

(iii)

 

(a)        In lieu of supplying uniforms and shoes to an employee, an employer shall pay the said employee the sum set out in Item 11 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, for uniforms and the sum set out in Item 12 of Table 2 for shoes per week.

 

(b)        In lieu of supplying stockings to a female employee an employer shall pay the said employee the sum set out in Item 13 of Table 2 per week.

 

(c)        In lieu of supplying a cardigan or jacket to an employee an employer shall pay the said employee the sum set out in Item 14 of Table 2 per week.

 

(d)        If, in any health or aged care facility, the uniforms of an employee are not laundered at the expense of the employer an allowance of the sum set out in Item 15 of Table 2 shall be paid to the said employee; provided that the payment of such laundry allowance shall not be made to any employee on absences exceeding one week.

 

(e)        Where the employer requires any employee to wear headwear, the employer shall provide headwear free of charge to the employee.

 

(f)         In lieu of supplying socks to an employee the employer shall pay the said employee the sum set out in Item 16 of Table 2 per week.

 

(g)        The allowances referred to subclause (iii) are also payable during any period of paid leave.

 

18.       Higher Grade Duty

 

(i)         An employee who is called upon to relieve an employee in a higher classification or is called upon to act in a vacant position of a higher classification shall be entitled to receive for the period of relief or the period during which they act the minimum payment for such higher classification.

 

(ii)        The provisions of subclause (i) shall not apply where the employee being relieved is absent from duty for a period of three consecutive working days or less which have been rostered in advance, except where the duties of the higher position involve being in charge of the facility during the period in question.

 

(iii)       Further, the provisions of subclause (i) shall not apply where a Director of Nursing is absent from duty for a period of three working days or less for any reason other than Clause 5, Hours of Work and Free Time of Directors of Nursing.

 

19.       Overtime

 

(i)         Employees shall work reasonable overtime when required by the employer.

 

(ii)

 

(a)        Subject to paragraph (b) hereof all time worked by employees other than Directors of Nursing in excess of the rostered daily ordinary hours of work shall be overtime and shall be paid for at the rate of time and one half for the first two hours and double time thereafter in respect of each overtime shift worked or in respect of overtime worked prior to or at the conclusion of a normal shift.  Provided that overtime worked on Sundays shall be paid for at the rate of double time and on public holidays at the rate of double time and one half.

 

(b)        All time worked by permanent 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.

 

(iii)       The ordinary hours of work for Directors of Nursing shall be thirty eight hours per week and shall not, without payment of overtime at the rate of time and one half, exceed:

 

(a)        43 hours in any week; or

 

(b)        86 hours in any fortnight; or

 

(c)        129 hours in any twenty one consecutive days; or

 

(d)        172 hours in any twenty eight consecutive days.

 

(iv)       An employee recalled to work overtime after leaving the employer's premises shall be paid for a minimum of four hours work at the appropriate rate for each time so recalled.  If the work required is completed in less than four hours, the employee shall be released from duty; provided that this subclause does not apply to a Director of Nursing.

 

(v)        An employee required to work overtime following on the completion of their normal shift for more than two hours shall be allowed twenty minutes for the partaking of a meal and a further twenty minutes after each subsequent four hours overtime.  All such time shall be counted as time worked; provided that benefits of this subclause shall not apply to permanent part time employees, until the expiration of the normal shift for a majority of the full-time employees employed on that shift in the ward or section concerned.

 

(vi)       An employee recalled to work overtime after leaving the employer's premises and who is required to work for more than four hours shall be allowed twenty minutes for the partaking of a meal and a further twenty minutes after each subsequent four hour's overtime; all such time shall be counted as time worked.

 

(vii)      The meals referred to in subclauses (v) and (vi) of this clause shall be allowed to the employee free of charge.  Where the employer is unable to provide such meals, an allowance per meal of the sum set out in Item 17 Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, shall be paid to the employee concerned.

 

(viii)     Where an employee is required to work an overtime shift on his or her rostered day off, the appropriate meal breaks for that shift, as prescribed by Clause 4, Hours of Work and Free Time of Employees other than Directors of Nursing, shall apply.

 

(ix)       If an employee is recalled to duty during a meal break, they shall be paid at overtime rates for the total period of the meal break.

 

(x)        An employee who works so much overtime:

 

(a)        between the termination of their ordinary work on any day or shift and the commencement of their ordinary work on the next day or shift that they have not had at least eight consecutive hours off duty between these times; or

 

(b)        on a Saturday, a Sunday and a holiday, not being ordinary working days, or on a rostered day off without having had eight consecutive hours off duty in the twenty-four hours preceding their next day or shift; shall subject to this subclause, be released after completion of such overtime until they have had eight consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.  If on the instruction of the employer such an employee resumes or continues to work without having such eight consecutive hours off duty they shall be paid at double time of the appropriate rate applicable on such day until they are released from duty for such period and they then shall be entitled to be absent until they have had eight consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

 

(xi)       In lieu of receiving payment for overtime in accordance with this clause, employees may be compensated by way of time off in lieu of overtime on the following basis:

 

(a)        Time off in lieu of overtime must be taken within four months of it being accrued at ordinary rates.

 

(b)        Where it is not possible for a nurse to take the time off in lieu of overtime within the four month period, it is to be paid out at the appropriate overtime rate based on the rates of pay applying at the time payment is made.

 

(c)        Nurses cannot be compelled to take time off in lieu of overtime.

 

(d)        Records of all time off in lieu of overtime owing to nurses and taken by nurses must be maintained by the employer.

 

20.       Remuneration Packaging

 

(a)

 

(i)         Subject to Part b (xvii) of this clause a full time employee will have their wages/salary packaged within the limits prescribed by Federal Fringe Benefits.  Tax legislation as follows:

 

Private Hospital Nurses - Fringe Benefit Limit of up to  = $17 000 gross or $8755 net

 

Aged Care Nurses Fringe Benefit Limit of up to  = $30 000 gross or $15450 net

 

(ii)        Permanent part time and Assistant in Nursing employees will have the option of salary packaging where there is a mutual benefit to both employer and employee.

 

(b)

 

(i)         The terms and conditions of such a package overall shall not, when viewed objectively, be less favourable than the entitlements otherwise available under this award and shall be subject to the following provisions:

 

(ii)        The employer shall ensure that the structure of any package complies with taxation and other relevant laws;

 

(iii)       The employer shall confirm in writing to the employee the classification level and the current salary payable as applicable to the employee under this award;

 

(iv)       The employer shall advise the employee, in writing, that all award conditions, other than the salary and those conditions as agreed in paragraph (v) below shall continue to apply;

 

(v)        A copy of the agreement shall be made available to the employee;

 

(vi)       The employee shall be entitled to inspect details of the payments made under the terms of this agreement;

 

(vii)      The configuration of the remuneration package shall remain in force for the life of the award:

 

(viii)     Where at the end of the agreed period the full amount allocated to a specific benefit has not been utilised, by agreement between the employer and the employee, an unused amount may be carried forward to the next period, or paid as salary which will be subject to usual taxation requirements;

 

(ix)       In the event that the employer ceases to attract exemption from payment of Fringe Benefit Tax the employer may terminate all salary packaging arrangements and the employee’s salary will revert to that specified in paragraph (ii) above;

 

(x)        Where changes are proposed to salary packaging arrangements other than to flow on wage increases, or salary packaging arrangements are to be cancelled for reasons other than legislative requirements, then the employer and/or the employee must give three months notice of the proposed change.

 

(xi)       In the event that the employee ceases to be employed by the employer this agreement will cease to apply as at the date of termination and all leave entitlements due on termination shall be paid at the rates in accordance with paragraph (ii) above. Any outstanding benefit shall be paid on or before the date of termination.

 

(xii)      Any pay increases granted to employees under this award shall also apply to employees subject to remuneration packaging arrangements within this clause.

 

(xiii)     All employees entering salary-packaging arrangements shall attract annual leave loading calculated at 62.5%.

 

(xiv)     The Employer’s policy and procedure in respect of salary packaging for the employer being adhered to by both the employer and employee.

 

(xv)      Employees entering salary packing arrangements shall receive a cash payment of 1% based on the employees base award annual or pro-rata salary excluding shift penalties or overtime. The payment shall be made by the employer to the employee by the first pay period in December each year.

 

(xvi)     The employee shall be entitled to pro-rata payment of the above provision in (xv) upon termination of employment.

 

(xvii)    Salary packaging shall not apply in the following circumstances:

 

(a)        If an employee will suffer financially as a result of being salary packaged. The employer will treat each case on its merits and both the employer and employee will resolve the issue by mutual agreement. Where agreement cannot be reached, then Clause 46. Resolution of Disputes of the Award shall apply.

 

(b)       Where Clause 46. Resolution of Disputes is utilised, upon the request of the NSW Nurses’ Association, the employer shall pay for the services of a financial adviser nominated by the NSW Nurses’ Association and agreed to by the employer to assist in resolution of the dispute between the parties.

 

(c)        If an employee currently contributes towards child support payment through the Commonwealth Child Support Agency or equivalent body, that employee need not salary package.

 

(d)       Where an employee and employer agree that an employee will not salary package, that employee shall be entitled to the full award rate without loss of entitlement.

 

(xviii)   An amount equivalent to the minimum statutory superannuation contribution on the unpackaged Award amount will be made by the Employer.

 

21.       Payment and Particulars of Salaries

 

(i)         All salaries and other payments shall be paid weekly or fortnightly, provided that payment for any overtime worked may be deferred to the pay day next following the completion of the working cycle within which such overtime is worked, but for no longer; provided further that the payment of shift and weekend penalties relating to work performed in the second week of a fortnightly roster period may be deferred to the pay day next following the completion of the working cycle within which such shifts were worked, but for no longer.

 

(ii)        Employees shall have their salary paid into one account with a bank or other financial institution in New South Wales as nominated by the employee.  Wages may be initially deposited into the hospital's own local bank and transferred to each employee's requested financial institution.  Salaries shall be deposited by hospitals in sufficient time to ensure that wages are available for withdrawal by employees by no later than pay day, provided that this requirement shall not apply where employees nominate accounts with non-bank financial institutions, but in such cases facilities shall take all reasonable steps to ensure that the wages of such employees are available for withdrawal by no later than pay day.

 

(iii)       Notwithstanding the provisions of subclause (ii) of this clause, an employee who has given or has been given the required notice of termination of employment, in accordance with Clause 41, Termination of Employment, of this award, shall be paid all moneys due to them prior to ceasing duty on the last day of employment.

 

Where an employee is summarily dismissed or their services are terminated without due notice, any moneys due to them 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 payday an employee, in respect of the payment then due, shall be furnished with a written statement containing the following particulars, namely: name, the amount of ordinary salary, the total number of hours or 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 the total earnings and the nature thereof.

 

22.       Registration and Enrolment Pending

 

(i)         A student or trainee enrolled nurse who has completed the course of training prescribed by the Board and applied for registration or enrolment shall, upon registration or enrolment, be paid as from the date of application for registration or enrolment the salary to which they would have been entitled if registered or enrolled.

 

(ii)        A nurse or enrolled nurse who has trained outside New South Wales shall be paid as a registered nurse or enrolled nurse as and from the date they are notified that they are eligible for registration or enrolment as a registered nurse or enrolled nurse provided that they make application for registration within seven days after being so notified.

 

(iii)       They shall notify the employer as soon as possible after they have so applied.

 

23.       Part-Time, Casual and Temporary Employees

 

PART I - Permanent Part-time Employees

 

(i)        

 

(a)        A permanent part-time employee is one who is permanently appointed by a facility to work a specified number of hours, which are less than those, prescribed for a full-time employee.

 

(b)        By agreement between employer and employee, the specified number of hours may be balanced over a week, a fortnight or four weeks.  Provided that the average weekly hours shall be deemed to be the specified number of hours for the purposes of accrual of annual leave.

 

(c)        An employee whose hours are averaged over 4 weeks shall be paid each week or fortnight according to the employee’s average weekly or fortnightly hours as is appropriate.

 

(d)        Provided further that there shall be no interruption to the continuity of employment merely by reason of an employee, whose hours are balanced over a fortnight or over four weeks, not working in any one week in accordance with paragraph (b).

 

(ii)        Subject to Part IV of this clause permanent part time employees shall be paid an hourly rate calculated on the basis of one thirty-eighth of the appropriate rate prescribed by Clause 9, Salaries, of this award and, where applicable, one thirty-eighth of the appropriate allowance or allowances prescribed by Part I Clause 13, Special Allowances, of this award, with a minimum payment of 2 hours for each start, and one thirty-eighth of the appropriate allowances prescribed by Clause 17, Uniform and Laundry Allowances of this award, but shall not be entitled to an additional day off or part thereof, as prescribed by subclauses (iii) and (v) of Clause 4, Hours of Work and Free Time of Employees Other Than Directors of Nursing.

 

(iii)       Four weeks' Annual Leave on ordinary pay is to be granted on completion of each twelve months' service.  The provisions of subclauses (v) to (xi) of Clause 24, Annual Leave, and Clause 25, Annual Leave Loading, of this award shall apply to employees engaged under Part 1 of this clause.  The remaining provisions of Clause 24 shall not apply.

 

Where an employee has any period of permanent part-time employment during any 12 months qualifying period for annual leave, payment for such annual leave shall be calculated on the basis of the proportion that the average number of hours worked each week bears to 38 hours.

 

(iv)       A public holiday occurring on an ordinary working day shall be allowed to employees without loss of pay; provided that an employee who is required to and does work on a public holiday shall have one day or one half day, as appropriate, added to their period of annual leave and be paid at the rate of one half time extra to the time actually worked.  Such payment is in lieu of any additional rate for shift work or weekend work which would otherwise be payable had the day not been a public holiday.  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 their ordinary weekly rate.

 

Such election shall be made on the commencement of employment and then on the anniversary date each year.  The employee may not alter such election during the year except with the agreement of the employer.  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 four hours work, and any balance of the day or shift not worked shall be paid at ordinary rates.

 

(v)        To the leave prescribed by subclause (iv) of part I of this clause there shall be added one working day for each public holiday or one half working day for each half public holiday which occurs on what would have been an ordinary working day during a period of annual leave.

 

For the purpose of Part I of this clause the following are to be public holidays, viz: New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Queen's Birthday, Local Labor 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.

 

(vii)      In addition to those public holidays prescribed in subclause (vi) of Part I of this clause, there shall be an extra public holiday each year.  Such public holiday will occur on the August Bank Holiday or a date, which is agreed upon by the Association and the respective employers.  The foregoing does not apply in areas where, in each year:

 

(a)        a day in addition to the ten named public holidays specified in subclause (vi) Part I of this clause is proclaimed and observed as a public holiday; or

 

(b)        two half days in addition to the ten named public holidays specified in subclause (vi) of Part I of this clause are proclaimed and observed as half public holidays.

 

(viii)     In areas where in each year one half day in addition to the ten named public holidays specified in subclause (vi) of Part I of this clause is proclaimed and observed as a half public holiday, for the purposes of this award the whole day is to be regarded and observed as a public holiday, and no additional public holiday which would otherwise apply as a result of this subclause will be observed.

 

(ix)       Employees engaged under Part I of this clause 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 - Casual Employees

 

(i)         A casual employee is one engaged on an hourly basis otherwise than as a permanent part-time or full-time employee.

 

(ii)        A casual employee shall be paid an hourly rate calculated on the basis of one thirty-eighth of the appropriate rate, prescribed by Clause 9, Salaries, of this award and where applicable one thirty-eighth of the appropriate allowance or allowances prescribed by Part I, Clause 13, Special Allowances, of this award plus 10 per centum thereof, with a minimum payment of 2 hours for each start, and one thirty-eighth of the appropriate allowances prescribed by Clause 17, Uniform and laundry Allowances, of this award.

 

(iii)       With respect to a casual employee the provisions of Clause 35, Deputy Director of Nursing, Assistant Director of Nursing; Clause 5, Hours of Work and Free Time of Directors of Nursing; Clause 7, Rosters; Clause 19, Overtime; Clause 33, Special Provisions Relating to Trainee Enrolled Nurses; Clause 24, Annual Leave and Public Holidays and Clause 15, Fares and Expenses of this award, shall not apply.  Further, casual employees shall not be entitled to an additional day off or part thereof as prescribed by subclauses (iii) and (v) of Clause 4, Hours of Work and Free Time of Employees Other Than Directors of Nursing.

 

(iv)       For the entitlement to payment in respect of annual leave, see Annual Holidays Act 1944.

 

(v)        A casual employee who is required to and does work on a public holiday as defined in sub-clauses (iii) and (iv) of Clause 24, Annual leave, shall be paid for the time actually worked at the rate of double time and one-half such payment being in lieu of weekend or shift allowances which would otherwise be payable had the day not been a public holiday; provided that a casual employee shall not be entitled to be paid in addition the allowance of 10 per centum prescribed in subclause (ii) of Part II in respect of such work.

 

(vi)       For the entitlement to payment in respect of long service leave, see the Long Service Leave Act, 1955.

 

PART III - Temporary Employees

 

(i)         A temporary employee is one engaged for a set period not exceeding 13 weeks.

 

(ii)        A temporary employee shall be paid, in addition to all rates and allowances to which the said employee is entitled under this award, an allowance equal to 10 per centum of the rates prescribed for his or her classification by Clause 9, Salaries, of this award, provided that this subclause shall cease to apply upon:

 

(a)        the said period of engagement being extended after the said period of 13 weeks;

 

(b)        the employer and the employee agreeing during the said period of 13 weeks, that the employee shall be employed on a permanent part-time or full-time basis.

 

(iii)       For entitlement to payment in respect of annual leave, see Annual Holidays Act, 1944.

 

24.       Annual Leave and Public Holidays

 

(i)         Annual leave on full pay is to be granted on completion of each twelve months service as follows:

 

(a)        Employees required to work on a seven (7) day basis six (6) weeks annual leave.

 

(b)        All other employees - four (4) weeks annual leave.

 

(ii)

 

(a)        An employee to whom paragraph (a) of subclause (i) applies and who is required to and does work on a public holiday shall be paid, in addition to the appropriate ordinary weekly rate of pay, at the rate of one half time extra for the time actually worked on such holiday.  Such payment shall be in lieu of any additional rate for shift work or weekend work which would otherwise be payable had the day not been a public holiday.

 

(b)        To leave prescribed by paragraph (a) of subclause (i) there shall be added one working day or one half working day for each special public holiday or half public holiday (not being one of the ten (10) specifically named public holidays prescribed by subclause (iii) of this clause, or a special day proclaimed in lieu of any of them) which may occur during the qualifying period for annual leave or during the period of annual leave.

 

(c)        A public holiday occurring on an ordinary working day shall be allowed to employees covered by paragraph (b) of subclause (i) on full pay; provided that an employee who is required to and does work on a public holiday shall have one day or one half day, as appropriate, added to their 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 otherwise be 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 their ordinary weekly rate.  Such election shall be made on the commencement of employment and then on the anniversary date each year.

 

The employee may not alter such election during the year except with the agreement of the employer.  Where payment is made in lieu of leave in respect of the time worked on a public holiday payment shall be made for a minimum of four hours work, and any balance of the day or shift not worked shall be paid at ordinary rates.

 

(d)        Where a public holiday falls on a rostered day off of a shift worker as defined in Clause 3, Definitions, of this award, and who receives four (4) weeks annual leave in accordance with paragraph  (b) of subclause (i) of this clause, such shift worker shall be paid one day's pay in addition to the weekly rate or if the employee so elects shall have one day added to the period of annual leave.

 

(e)        To the leave prescribed by paragraph (b) of subclause (i) there shall be added one working day for each public holiday or one half working day for each half public holiday which occurs on what would have been an ordinary working day during a period of annual leave; provided that in the case of a shift worker referred to in paragraph (d) of this subclause the provision of this paragraph shall apply to any public holidays falling during the period of annual leave.

 

(iii)       For the purpose of this subclause the following are to be public holidays, viz: New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Queen's Birthday, Local Labor 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.

 

(iv)

 

(a)        In addition to those public holidays prescribed in subclause (iii) of this clause, employees are entitled to an extra public holiday each year.  Such public holiday will occur:

 

(1)        on the August Bank Holiday; or

 

(2)        on a date which is agreed upon by the Association and the respective employers;

 

as an additional public holiday between Christmas and New Year; provided that such day is placed between Monday to Friday (inclusive) which is not gazetted as a public holiday.

 

(3)        The foregoing does not apply in areas where in each year:

 

(4)        a day in addition to the ten (10) named public holidays specified in subclause (i) is proclaimed and observed as a public holiday; or

 

(5)        two half days in addition to the ten (10) named public holidays specified in subclause (i) are proclaimed and observed as half public holidays.

 

(b)        In areas where in each year only one half day in addition to the ten (10) named public holidays specified in subclause (iii) is proclaimed and observed as a half public holiday for the purposes of this award the whole day is to regarded and observed as a public holiday and no additional public holiday which would otherwise apply as a result of this subclause will be observed.

 

(v)

 

(a)        An employee shall be eligible for annual leave when twelve (12) months have elapsed since the date on which the first annual leave would have begun if taken immediately it had become due or, if the employee has not previously had annual leave, since the commencement of employment.

 

(b)        Credit of time towards an allocated day off duty shall not accrue when an employee is absent in accordance with subclause (i) of this clause.  Employees entitled to allocated days off duty in accordance with Clause 4, Hours of Work and Free Time of Employees Other Than Directors of Nursing, of this award shall accrue credit towards an allocated day off duty in respect of each day those employees are absent on additional annual leave in accordance with subclauses (ii)(b) and subclause (ii)(c) of the award.

 

(vi)       Annual leave shall be given and shall be taken either in one consecutive period or two periods neither of which shall be less than one week, or if the employer and employee so agree in either two, three or four separate periods, but not otherwise.

 

(vii)

 

(a)        Annual leave shall be given and shall be taken within a period of six (6) months after the date when the right to annual leave accrued; provided that the giving and taking of such leave may be postponed by mutual agreement between the parties for a further period not exceeding six (6) months.

 

(b)        Nothing in this subclause shall prevent an employer, by agreement with the employee, from allowing annual leave to an employee before the right thereto has accrued; but where leave is taken in such a case a further period of annual leave will not commence to accrue until the expiration of the twelve (12) months in respect of which annual leave was taken before it accrued.

 

(c)        The employer shall give each employee, where practicable, three (3) months notice of the date upon which she or he shall enter upon leave, and in any event such notice shall not be less than twenty-eight (28) days.

 

(viii)

 

(a)        Each employee before going on leave shall be paid for the period of the leave at the ordinary rate of salary to which she or he is entitled under this award.  Where an employee has any period of permanent part-time employment during any 12 month qualifying period for annual leave, payment for such annual leave shall be calculated on the basis of the proportion that the average number of hours worked each week bears to 38 hours.

 

(b)        An employee to whom paragraph (a) of subclause (i) applies shall be paid during the first twenty eight (28) consecutive days whilst on annual leave her or his ordinary rate of salary plus shift allowances and weekend penalties relating to ordinary time the employee would have worked if they had not been on annual leave; additional annual leave accrued under subclause (xi) attracts shift allowances and weekend penalties relating to ordinary time the employee would have worked if they had not been on annual leave; provided that the provisions of the preceding paragraphs of this subclause shall not apply to public holidays which occur during a period of annual leave or days which have been added to annual leave in accordance with paragraph (b) of subclause (ii) and subclause (iv) of this clause.

 

(ix)       Except as provided for in subclauses (x) and (xi) of this clause payment for annual leave shall not be made or accepted in lieu of annual leave.

 

(x)        Where the employment of an employee is terminated the employee shall be entitled to receive, in addition to all other amounts due, in respect of service of less than one year an amount equal to one-twelfth (6/46ths in respect of employees rostered to work on a seven (7) day basis) of her or his ordinary pay for that period of employment together with payment for any days added to annual leave in accordance with subclause (ii) of this clause, and in calculating such payment no deduction is to be made for accommodation or board.

 

(xi)

 

(a)        In addition to the leave prescribed by subclause (i)employees who work their ordinary hours in Sundays and/or public holidays are entitled to receive additional annual leave as follows:

 

Number of ordinary shifts worked on Sundays and/or public holidays during a qualifying period of employment for annual leave purposes	Additional Annual Leave
4 - 10	1 day
11 - 17	2 days
18 - 24	3 days
25 - 31	4 days
32 or more	5 days

 

provided that an employee may elect to be paid when proceeding on annual leave an amount equivalent to the value of their additional leave entitlement in lieu of taking the additional leave.  Such election is to be made in writing by the employee at the commencement of each year of employment and is irrevocable during the currency of that year of employment.

 

(b)        On termination of employment employees are to be paid 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 together with payment for any untaken annual leave due in accordance with subclause (x).

 

25.       Annual Leave Loading

 

(i)         This clause takes effect on and from 11 July 1974.  It applies only in relation to annual holidays to which employees became or have become entitled after 31 December 1973.

 

(ii)        Before an employee is given and takes his annual holiday, or where by agreement between the employer and the employee the annual holiday is given and taken in more than one separate period, then before each of such separate periods the employer shall pay the employee a loading determined in accordance with this clause.

 

(iii)       The loading is payable in addition to the pay for the period of holiday given and taken due to the employee under subclauses (i)(b) and (ii)(c) of Clause 24, Annual leave and Public Holidays, of this award, or in the case of part-time employees for the period of holiday given and taken and due to the employee in accordance with the provisions of the Annual Holidays Act, 1944.

 

(iv)       The loading is to be calculated in relation to any period of annual holiday to which the employee becomes or has become entitled since 31 December 1973 and which commences on or after 11 July 1974 or, where such a holiday is given and taken in separate periods, then in relation to each such separate period.

 

(v)        The loading is the amount payable for the period or the separate periods, as the case may be, stated in subclause (iv) of the rate per week of 17½% of the appropriate ordinary weekly time rate of pay prescribed by this award for the classification in which the employee was employed immediately before commencing by his annual holiday together with any allowances prescribed by subclause (iii) of Clause 13, Special Allowances, of this award.

 

(vi)       No loading is payable to an employee who takes an annual holiday wholly or partly in advance; provided that, if the employment of such an employee continues until the day when he would have become entitled under the said Clause 23 to an annual holiday, the loading then becomes payable in respect of the period of such holiday and is to be calculated in accordance with subclause (v) of this clause applying the award rates and wages payable on that day.  This subclause applies where an annual holiday has been taken wholly or partly in advance after 31 December 1973 and the entitlement to the holiday arises on or after 11 July 1974.

 

(vii)     

 

(a)        When the employment of an employee is terminated by his employer after 11 July 1974 for a cause other than misconduct, and at the time of termination the employee has not been given and has not taken the whole of an annual holiday to which he became entitled after 31 December 1973, he shall be paid a loading calculated in accordance with subclause (v) of the period not taken.

 

(b)        Except as provided by paragraph (a) of this subclause no loading is payable on the termination of an employee's employment.

 

(viii)     This clause extends to an employee who is given and takes an annual holiday and who would have worked as a shift worker if she or he had not been on holidays; provided that, if the amount to which the employee would have been entitled by way of shift work allowances and weekend penalty rates to the ordinary time (not including time on a public or special holiday) which the employee would have worked during the period of the holiday exceeds the loading calculated in accordance with this clause, then that amount shall be paid to the employee in lieu of the loading.

 

26.       Sick Leave

 

(i)         Subject to the following limitations and conditions an employee shall be entitled to sick leave on full pay calculated by allowing 76 rostered ordinary hours of work for each year of continuous service less any sick leave on full pay already taken.

 

(a)        An employee during his/her first year of employment with an employer shall be entitled to sick leave at the rate of 7.6 hours at the end of each of the first five months continuous service.  Upon completion of six months continuous service the employee shall be entitled to a further 38 hours sick leave.  For the purpose of this subclause, where service is continuous, each new entitlement will accrue at the monthly anniversary date of the commencement of employment, i.e. A person starting on 6 March would be entitled to their first 7.6 hours on 6 April.

 

(b)        An employee shall not be entitled to sick leave on full pay for any period in respect of which such employee is entitled to workers' compensation; provided, however, that an employer shall pay to an employee who has sick leave entitlement under this clause the difference between the amount received as workers' compensation and ordinary pay as defined in Clause 14.  The employee's sick leave entitlement under this clause shall, for each week during which such difference is paid, be reduced by that proportion of 38 hours which the difference paid bears to full pay.

 

(c)        All periods of sickness shall be certified to by the medical superintendent or director of nursing of the hospital or by the employee's own legally qualified medical practitioner.  The employer may dispense with the requirements of a medical certificate when the absence does not exceed two consecutive days or where, in the employer's opinion, the circumstances are such as not to warrant such requirement.

 

(d)        Each employee shall, as soon as reasonably practicable and in any case within 24 hours of the commencement of such absence, inform the employer of their inability to attend for duty and as far as possible state the nature of the injury or illness and the estimated duration of the absence. 

 

(e)        For the purpose of determining a full-time employee's sick leave credit as at 19 September 1986, sick leave entitlement shall be proportioned on the basis of 76:80

 

(ii)        The employer shall not change the rostered hours of an employee fixed by the roster or rosters applicable to the fourteen days immediately following the commencement of sick leave merely by reason of the fact that they are on sick leave.

 

(iii)       Part-time employees: A permanent part-time employee shall be entitled to sick leave in the same proportion of 76 hours as the average weekly hours worked over the preceding 12 months of from the time of the commencement of employment, whichever is the lesser, bears to 38 ordinary hours.  Such entitlements shall be subject to all the above conditions applying to full-time employees.

 

(iv)       With respect to an employee who is eligible for sick leave and who produces a satisfactory medical certificate to the effect that they have been incapacitated for a period of at least one week's duration while on annual leave, the employee may recredit such employee with an equivalent period of annual leave; provided that no such recrediting shall be granted to an employee on leave prior to retirement, resignation or termination of services and provided further the employer is satisfied on the circumstances and the nature of the incapacity.

 

(v)        Subject to the provision of a satisfactory medical certificate and sick leave being due, extended or long service leave shall be recredited where an illness of at least one week's duration occurs during the period of extended or long service leave; provided that the period of leave does not occur prior to retirement, resignation or termination services.

 

27.       Long Service Leave

 

1.          For long service leave falling due prior to 20th February 1981, see Long Service Leave Act 1955.

 

2.          For long service leave falling due after 20th February 1981 the following provisions shall apply:

 

(a)       

 

(i)         Every employee after ten years' continuous service with the same employer shall be entitled to two months' long service leave on full pay; after fifteen years' continuous service to an additional one month's long service leave on full pay; and for each five years' continuous service thereafter to an additional one and one half months' long service leave on full pay.  Such leave shall be taken at a time to be mutually arranged between the employer and the employee.

 

(ii)        Where the service of an employee with at least five years' service is terminated, the employee shall be entitled for five years' service to one month's long service leave on full pay and for service after 5 years to a proportionate amount of such leave on full pay calculated on the basis of 2 months' long service leave for 10 years' service.

 

(b)        Where an employee has acquired a right to extended leave under subclause (a) of this clause, then and in every such case:

 

(i)         If before such leave has been entered upon the employment of such employee has been terminated such employee shall be entitled to receive the monetary value of the leave to which such employee has been entitled computed at the rate of salary which such employee had been receiving immediately prior to the termination of employment.

 

(ii)        If such employee dies before entering upon such extended leave, or if after having entered upon the same dies before its termination, his widow, or in the case of a widower leaving children his children or their guardians or other dependent relatives or their legal representatives, shall be entitled to receive the monetary value of the leave not taken or not completed, as the case may be, and computed at the rate of salary which the employee had been receiving at the time of death.

 

(c)        For the purpose of this clause:

 

(i)         Continuous service in the same hospital prior to the coming into force of this award shall be taken into account.

 

(ii)        One month equals four and one-third weeks.

 

(iii)       Continuous service shall be deemed not to have been broken by:

 

a.          any period of absence on leave without pay not exceeding six months;

 

b.         absence of an employee from the hospital whilst a member of the Defence Forces of the Commonwealth in time of war.

 

(d)        Where any employee has been granted a period of long service leave prior to the coming into force of this award the amount of such leave shall be debited against the amount of leave due under this award.

 

(e)        Any period(s) of part-time employment with the same employer shall count towards long service leave as provided for in paragraph 2(a) of this clause.  Such long service leave shall be paid for on the basis of the proportion that the average number of hours worked per week bears to 38 hours.

 

(f)         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.

 

28.       Compassionate Leave

 

(a)        In general, compassionate leave with pay should be granted only in extraordinary or emergent circumstances where a member of the staff of a hospital is forced to absent themselves from duty because of urgent pressing necessity, and such leave as is granted should be limited to the time necessary to cover the immediate emergency.

 

(b)        Any absence occasioned by personal exigencies, which might fairly be regarded as an obligation on the employee, rather than the employer, to make good should be covered by the grant of leave without pay or, if the employee so desires, charged against their annual leave credit.

 

(c)        The following basic principles should be kept in mind when dealing with applications:

 

(i)         Bereavement Leave - An employee, other than a casual employee, shall be entitled to up to two days bereavement leave without deduction of pay, on each occasion of the death of a person as prescribed in paragraph (iii) of this subclause. Where the employee is involved in funeral arrangements, travelling etc., leave may be allowed for up to three days. Leave with pay would not ordinarily be granted for the death or attendance at the funeral of a relative other than those mentioned, unless special circumstances existed, i.e., the employee lived with the deceased.

 

(ii)        The employee must notify the employer as soon as practicable of the intention to take bereavement leave and will, if required by the employer, provide to the satisfaction of the employer proof of death.

 

(iii)       Bereavement leave shall be available to the employee in respect to the death of a person prescribed for the purposes of personal/carer’s leave as set out in subparagraph (ii) of paragraph (c) of subclause (1) of clause 28, State Personal/Carer’s Leave Case - August 1996, provided that, for the purpose of bereavement leave, the employee need not have been responsible for the care of the person concerned.

 

(iv)       An employee shall not be entitled to bereavement leave under this clause during any period in respect of which the employee has been granted other leave.

 

(v)        Bereavement leave may be taken in conjunction with other leave available under subclauses (2), (3), (4), (5) and (6) of the said clause 29. In determining such a request, the employer will give consideration to the circumstances of the employee and the reasonable requirements of the business.

 

(vi)       Illness in the family:

 

Except in very special circumstances leave with pay should be limited to one day, which as a general rule, would prove sufficient time to meet the immediate emergency and allow the employee to make any other arrangements necessary.  It would be expected that no one but the employee would be available to care for the sick member of the family.

 

(d)        The above principles are not intended to codify completely purposes for which compassionate leave with pay may be allowed.  The element of unforeseen emergency could be present in other situations, eg.  floods and bushfires, which clearly prevent attendance for duty.

 

(e)        In view of the purpose for which compassionate leave is intended, it is not possible to prescribe a precise limitation of the amount of leave to be granted in a given period.  It is suggested, however, that only under the most exceptional circumstances should leave exceeding a total of three days be granted to an employee in any year.

 

29.       State Personal/Carer’s Leave

 

1.          Use of Sick Leave

 

(a)        An employee, other than a casual employee, with responsibilities in relation to a class of person set out in subparagraph (ii) of paragraph (c), who needs the employee’s care and support, shall be entitled to use, in accordance with this subclause, any current or accrued sick leave entitlement, provided for in clause 25, Sick Leave, for absences to provide care and support, for such persons when they are ill.  Such leave may be taken for part of a single day.

 

(b)        The employee shall, if required, establish either by production of a medical certificate or statutory declaration, the illness of the person concerned and that the illness is such as to require care by another person.  In normal circumstances, an employee must not take carer’s leave under this subclause where another person has taken leave to care for the same person.

 

(c)        The entitlement to use sick leave in accordance with this subclause is subject to:

 

(i)         the employee being responsible for the care of the person concerned; and

 

(ii)        the person concerned being:

 

(a)        a spouse of the employee; or

 

(b)        de facto spouse, who, in relation to a person, is a person of the opposite sex to the first mentioned person who lives with the first mentioned person as the husband or wife of that person on a bona fide domestic basis although not legally married to that person; or

 

(c)        a child or an adult child (including an adopted child, a step child, a foster child or an ex-nuptial child), parent (including a foster parent and legal guardian), grandparent, grandchild or sibling of the employee or spouse or de facto spouse of the employee; or

 

(d)        a same sex partner who lives with the employee as the de facto partner of that employee on a bona fide domestic basis; or

 

(e)        a relative of the employee who is a member of the same household, where for the purposes of this paragraph:

 

1.          "relative" means a person related by blood, marriage or affinity;

 

2.          "affinity" means a relationship that one spouse because of marriage has to blood relatives of the other; and

 

3.          "household" means a family group living in the same domestic dwelling.

 

(d)        An employee shall, wherever practicable, give the employer notice prior to the absence of the intention to take leave, the name of the person requiring care and their relationship to the employee, the reasons for taking such leave and the estimated length of absence.  If it is not practicable for the employee to give prior notice of absence, the employee shall notify the employer by telephone of such absence at the first opportunity on the day of absence.

 

2.          Unpaid leave for family purpose

 

(a)        An employee may elect, with the consent of the employer, to take unpaid leave for the purpose of providing care and support to a member of a class of person set out in subparagraph (ii) of paragraph (c) of subclause (1) who is ill.

 

3.          Annual Leave

 

(a)        An employee may elect with the consent of the employer, subject to the Annual Holidays Act 1944, to take annual leave not exceeding five days in single day periods or part thereof, in any calendar year at a time or times agreed by the parties.

 

(b)        Access to annual leave, as prescribed in paragraph (a) of this subclause, shall be exclusive of any shutdown period provided for elsewhere under this award.

 

(c)        An employee and employer may agree to defer payment of the annual leave loading in respect of single day absences, until at least five consecutive annual leave days are taken.

 

4.          Time Off in Lieu of Payment for Overtime

 

(a)        For the purpose only of providing care and support for a person in accordance with subclause (1) of this clause, and despite the provisions of clause 19, Overtime, the following provisions shall apply.

 

(b)        An employee may elect, with the consent of the employer, to take time off in lieu of payment for overtime at a time or times agreed with the employer within 12 months of the said election.

 

(c)        Overtime taken as time off during ordinary time hours shall be taken at the ordinary time rate, that is an hour for each hour worked.

 

(d)        If, having elected to take time as leave in accordance with paragraph (a) of this subclause, the leave is not taken for whatever reason payment for time accrued at overtime rates shall be made at the expiry of the 12 month period or on termination.

 

(e)        Where no election is made in accordance with the said paragraph (a), the employee shall be paid overtime rates in accordance with the award.

 

5.          Make-up time

 

(a)        An employee may elect, with the consent of their employer, to work "make-up time", under which the employee takes time off ordinary hours, and works those hours at a later time, during the spread of ordinary hours provided in the award, at the ordinary rate of pay.

 

(b)        An employee on shift work may elect, with the consent of the employer, to work "make-up time" (under which the employee takes time off ordinary hours and works those hours at a later time), at the shift work rate which would have been applicable to the hours taken off.

 

6.          Rostered Days Off

 

(a)        An employee may elect, with the consent of the employer, to take a rostered day off at any time.

 

(b)        An employee may elect, with the consent of the employer, to take rostered days off in part day amounts.

 

(c)        An employee may elect, with the consent of the employer, to accrue some or all rostered days off for the purpose of creating a bank to be drawn upon at a time mutually agreed between the employer and employee, or subject to reasonable notice by the employee or the employer.

 

(d)        This subclause is subject to the employer informing each union which is both party to the award and which has members employed at the particular enterprise of its intention to introduce an enterprise system of RDO flexibility, and providing a reasonable opportunity for the union(s) to participate in negotiations.

 

30.       Parental Leave

 

(a)        Parental Leave consists of:

 

(i)         Maternity leave taken by a female employee in connection with her pregnancy or birth of her child; or

 

(ii)        Paternity leave taken by a male nursing employee in connection with his spouse’s pregnancy or the birth of his child; or

 

(iii)       Adoption leave taken by female and/or male nursing employee in connection with adoption of a child.

 

(iv)       An employee entitled to a total of 52 weeks parental leave in connection with the birth or adoption of a child.

 

(b)        Eligibility to Parental Leave -

 

(i)         Full Time Employees - To be eligible for paid parental leave a full time employee must have completed at least 40 weeks continuous service prior to the expected date of birth or prior to the date of taking custody of the adopted child.

 

(ii)        Part-Time Employees - To be eligible for paid parental leave a part-time employee must have completed at least 40 weeks continuous service prior to the expected date of birth or prior to the date of taking custody of the adopted child.

 

(iii)       Regular Casual Employees - a regular casual employee is entitled to 12 months unpaid parental leave only if the employee has had at least 24 months of continuous service with the employer.

 

An employee who has once met the conditions for paid parental leave will not be required to work again the 40 weeks continuous service in order to qualify for a further period of paid parental leave, unless;

 

(i)         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/his services have been otherwise dispensed with; or

 

(ii)        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.

 

(c)        Portability of Service for Paid Parental Leave

 

Portability of service for paid parental leave involves the recognition of service with the employer for the purpose of determining an employee's eligibility to receive paid paternity leave.  For example, where an employee moves between facilities owned by the employer, pervious continuous service will be counted towards the service prerequisite for paid parental leave.

 

(d)        Paid Parental Leave Entitlement -

 

Eligible employees are entitled to paid parental leave as follows:

 

(i)         Paid Maternity Leave - an employee is entitled to nine weeks at the ordinary rate of pay from the date maternity leave commences. This leave may commence up to nine 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 this period it is subject to the employee being able to perform satisfactorily the full range of normal duties.

 

Paid maternity leave may be paid:

 

on a normal fortnightly basis.

 

in advance in a lump sum.

 

at the rate of half pay  over a period of eighteen weeks on a regular fortnightly basis.

 

Recreation 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.

 

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

 

(e)        Applications for Maternity Leave

 

(i)         An employee who intends to proceed on maternity leave should formally notify her/his 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.

 

(ii)        Miscarriages

 

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

 

(iii)       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.

 

(iv)       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.

 

(v)        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, recreation 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, recreation, 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.

 

(vi)       Transfer to a More Suitable Position -

 

Where, because of an illness or risk associated with her pregnancy, an employee cannot carry out the duties of her position, an employer is obliged, as far as practicable, to provide employment in some other position that she is able to satisfactorily perform.  This obligation arises from section 70 of the Industrial Relations Act 1996. A position to which an employee is transferred under these circumstances must be as close as possible in status and salary to her substantive position.

 

(f)         Paternity Leave -

 

Eligible employees are entitled to paid paternity leave as follows:

 

(i)         Paid Paternity Leave - an employee is entitled to nine weeks at the ordinary rate of pay from the date parental leave commences.  This leave may commence up to nine weeks prior to the expected date of birth.

 

Paid paternity leave may be paid:

 

•           on a normal fortnightly basis.

•           in advance in a lump sum.

•           at the rate of half pay  over a period of eighteen weeks on a regular fortnightly basis.

 

Recreation and/or long service leave credits can be combined with periods of paternity leave on half pay to enable an employee to remain on full pay for that period.

 

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

 

(g)        Applications -

 

(i)         An employee who intends to proceed on paternity leave should formally notify her/his employer of such intention as early as possible, so that arrangements associated with his absence can be made.

 

(ii)        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.

 

 (h)       Adoption Leave -

 

(i)         Eligibility -

 

To be eligible for paid adoption leave an employee must have completed at least 40 weeks continuous service (or 40 weeks continuous service for permanent part-time employees as specified) prior to the date of taking custody of the child.

 

An employee who has once met the conditions of paid adoption leave, will not be required to again work the 40 weeks continuous service in order to qualify for further periods of paid adoption leave, unless;

 

(a)        there has been a break in service where the employee has been re-employed or re-appointed after a resignation, medical retirement, or after their services have been otherwise dispensed with; or

 

(b)       the employee has completed a period of leave without pay of more than 40 weeks.  In this context, leave without pay does not include sick leave without pay, maternity leave without pay, or leave without pay associated with an illness or injury compensable under the Workers Compensation Act, 1987.

 

(ii)        Entitlement -

 

(a)        Paid Adoption Leave - an employee is entitled to paid adoption leave of nine 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.

 

in advance in a lump sum.

 

at the rate of half pay  over a period of eighteen weeks on a regular fortnightly basis.

 

Recreation 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:

 

(i)         where the child is under the age of 12 months - a period of not more than 12 months from the date of taking custody;

 

(ii)        where the child is over the age of 12 months - a period of up to 12 months, such period to be agreed upon by both the employee and the employer.

 

(iii)       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.

 

(i)         General Conditions

 

(i)         Variation after Commencement of Parental Leave -

 

After commencing parental leave, an employee may vary the period of her/his parental leave, once without the consent of her employer and other wise with the consent of her employer.  A minimum of 4 weeks notice must be given, although an employer may accept less notice if convenient.

 

The conditions relating to variation of parental leave are derived from Section 64 of the Industrial Relations Act 1996.

 

(ii)        Staffing Provisions -

 

Any person who occupies the position of an employee on parental leave must be informed that the employee has the right to return to his/her former position. Additionally, since an employee has the right to vary the period of their parental 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.

 

(iii)       Effect of Parental 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 recreation leave and any period of parental leave on half pay is taken into account to the extent of one half thereof when determining the accrual of recreation leave.

 

Except in the case of employees who have completed ten years' service the period of parental leave without pay does not count as service for long service leave purposes.  Where the employee has completed ten years' service the period of parental leave without  pay shall count as service provided such leave does not exceed six months.

 

Parental leave without pay does not count as service for incremental purposes.  Periods of parental 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 parental leave, payment is at the rate of parental 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.

 

(iv)       Right to Return to Previous Position -

 

An employee returning from parental leave has the right to resume his/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 his/her former position and for which the employee is capable or qualified.

 

(v)        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/his 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.

 

(vi)       Further Pregnancy While on Parental Leave -

 

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

 

(vii)      Liability for Superannuation Contributions -

 

During a period of unpaid parental leave, the employee will not be required to meet the employer's superannuation liability.

 

(j)         Lactation Provisions

 

(i)         Employees who are lactating shall be entitled to one paid break of 30 minutes per shift for the purpose of expressing their milk or breast feeding their child, and the employer shall provide access to suitable facilities for such purpose.

 

31.       Learning and Development Leave

 

(A)       General Learning and Development Leave provisions

 

(i)         Leave for Learning and Development applies to external courses offered by educational institutions or registered training organisations, conferences, seminars and short courses. Leave of this nature is provided to assist employees to access learning and development opportunities so that the employer has an appropriately trained workforce to meet its service delivery needs.

 

(ii)        Leave is not required for in -house courses or activities and any mandatory training and education that are undertaken by employees on a routine basis, and at which employees are considered to be on-duty:

 

(iii)       Access to learning and development leave is at the discretion of the employer and is only available to permanent staff on a pro rata basis. Leave shall be limited to up to 6 days per annum or pro rata.

 

(iv)       The employer shall develop a learning and development leave policy, training plan and budget consistent with the current and future training requirements of the nursing staff and protocols for accessing learning and development leave. In developing the policy training plan, the employer shall have regard to the organizational, departmental and individual learning and development needs.

 

(v)        A Training Committee comprising of equal management and nursing representatives shall review and monitor the employer’s training and education policy. The Training Committee shall make recommendations in relations to access and availability of learning opportunities for nursing staff.

 

(vi)       For compulsory residential attendance, up to 6 days per annum or pro rata will be provided subject to the submission of satisfactory evidence confirming the compulsory nature of attendance.

 

(vii)      Leave for Thesis or Research will be considered on merit and the quantum and approval of such leave will be entirely at the discretion of the employer.

 

(viii)     Leave is not approved for failed or repeated subjects.

 

(ix)       Leave approved for the purposes of learning activities is to be paid on the basis of the employees ordinary rate of pay in accordance with this Award excluding penalty rates or overtime.

 

(x)        Employees should plan for this leave as far in advance as possible and provide a minimum of one (1) months notice.

 

B          Training for Assistant In Nursing

 

(i)         Each employer shall make a minimum of 12 hours training available per annum to Assistant in Nursing.

 

(ii)        Each employee shall provide their employer details of their attendance at in-service training and the employer shall keep a record of this attendance.

 

(iii)       Upon termination of the employee’s employment the employer shall provide to the employee a written statement of the hours of in-service training attended by the employee.

 

(iv)       Where practicable, such training shall be provided to employees during normal rostered hours of work.  Where it is not practicable to provide such training during the normal rostered hours of work then:

 

(a)        Employees shall attend in-service training outside their normal rostered working hours when required to do so by the employer.

 

(b)        An employer shall provide employees with two (2) weeks notice of the requirement to attend training outside of their normal rostered working hours.

 

(c)        Notwithstanding Clause 19.Overtime, attendance at such training shall be paid at ordinary rates.

 

(d)        Notwithstanding subclause (iv) of Clause 4, Hours of Work and Free Time of Employees Other Than Directors of Nursing, attendance at such in-service training outside the normal rostered working time of an employee shall not affect the ordinary rate of pay paid to the employee during normal rostered working time.

 

32.       Staff Amenities

 

(a)        The employer shall provide for the use of employees:

 

(1)        A suitable changing room and adequate washing and toilet facilities;

 

(2)        A full-length locker fitted with lock and key or other suitable place for the safe keeping of clothing and personal effects of such employee;

 

(3)        An employer shall provide for an employee morning and afternoon tea, supper and early morning tea (which shall include tea or coffee together with milk and (sugar) when the employee is on duty, at times appropriate for the partaking thereof, and shall provide also for such an employee, who requires them, meals of a reasonable standard, which fall due during the duty period, and for such meals so provided may make a charge, provided that the charge for breakfast shall be the sum set out in Item 18  of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates  and the sum set out in Item 19 of Table 2 for other meals.  The charges referred to in this subclause are to be adjusted in accordance with the movement in wage rates following State Wage Case decisions.  The employers are entitled to set prices for meals at a level to cover labour and ingredient costs.

 

33.       Special Provisions Relating to Trainee Enrolled Nurses

 

(This clause does not apply to part-time employees.)

 

(i)         Where a trainee enrolled nurse has transferred from one training school to another, the time allowed by the Board in the first training school shall be counted in computing salary.

 

(ii)        A trainee enrolled nurse, who is absent from training for not more than two weeks, exclusive of annual leave, in any period of twelve months training shall, for the purpose of annual increase in salary under Clause 9, Salaries, of this award, be deemed to have completed the particular year of training twelve calendar months after the commencement thereof notwithstanding such absence, but if absent for more than the aforesaid time in any such period the particular year of training shall not be deemed to have been completed until the employee has served the actual period of excess of such time.

 

34.       Escort Duty

 

(i)         Periods during which an employee, other than Director of Nursing, is engaged in nursing duties, viz, in attendance on a patient, shall be paid as working time under this award.  Where applicable, overtime shall be payable.

 

(ii)        All reasonable out-of-pocket expenses shall be reimbursed.

 

(iii)       Rostered time shall be paid as such even though an employee may be travelling, in hotel/motel accommodation, or waiting for transport.

 

(iv)       In respect of non-rostered time not spent in nursing duties:

 

(a)        Periods in hotel/motel accommodation or waiting for transport shall not be counted as working time;

 

(b)        Periods in travelling shall count as working time.

 

35.       Directors of Nursing, Deputy Director of Nursing and Assistant Directors of Nursing

 

(i)         The following appointments shall be made in health care and aged care facilities with adjusted daily averages of occupied beds as specified hereunder:

 

All licensed health care facilities shall have a Director of Nursing appointed.

 

Less than 40 beds a Deputy Director of Nursing except where

 

(a)        the Registered Nurses at the hospital are all given the same duties and no Registered Nurse is delegated Deputy Director of Nursing duties; and

 

(b)        the Director of Nursing perceives no requirement for a Deputy Director of Nursing to be employed.

 

40 beds and over but less than 75 beds a Deputy Director of Nursing except where:

 

(a)        at least two full time equivalent Nursing Unit Managers are employed; and

 

(b)        the Director of Nursing perceives no requirement for a Deputy Director of Nursing to be employed.

 

75 beds and over but:

 

less than 150 beds a Deputy Director of Nursing

 

150 beds and over a Deputy Director of Nursing, and one or more Assistant Directors of Nursing.

 

Provided that no Deputy Director of Nursing employed as at 1 January 1998 shall be dismissed or demoted as a result of the implementation of this clause.

 

(ii)        Appointments under subclause (i) of this clause shall be made within two calendar months of the date this award becomes operative and thereafter within two calendar months of the occurrence of a vacancy.  In default of appointment within the said period of two calendar months of the occurrence of a vacancy, the registered nurse employed as such or in a higher classification who has customarily relieved, in the vacant position, or if no one has so customarily relieved, the registered nurse employed in the same or the next senior classification at the hospital, shall be deemed to be appointed until such time as another appointment is made by the health or aged care facility.

 

(iii)       This clause shall not apply to a health or aged care facility using members, novices or aspirants of religious orders where a member of an order carries out the duties under this clause of an Assistant Director of Nursing or Deputy Director of Nursing.

 

36.       Proportion

 

Except in cases of emergency not more than four enrolled nurses and/or assistants-in-nursing to each registered nurse shall be employed in a health or aged care facility and for this purpose a director of nursing shall count; provided that the proportions specified by this clause may be altered in respect of any particular hospital by agreement between the employer concerned and the New South Wales Nurses' Association.

 

37.       Medical Examination of Nurses

 

On commencement of employment the employee shall be notified of the availability of the following provisions, which the employer shall provide at the request of the employee:

 

(i)         For protection against tuberculosis:

 

(a)        Before a nurse commences duty, a PA chest x-ray examination of the nurse unless a radiologist's report of a normal chest x-ray taken within the previous six months is available.

 

(b)        As soon as practicable after the nurse commences duty, a Mantoux test on the nurse, then:

 

(i)         where the Mantoux test is negative, immunisation with BCG vaccine;

 

(ii)        where the Mantoux test is positive (otherwise than as a result of BCG vaccination), referral to a chest clinic for assessment.

 

(c)        A Mantoux test annually to:

 

(i)         previously Mantoux-negative nursing staff;

 

(ii)        nursing staff whose Mantoux reaction has been converted by BCG vaccination.

 

(d)        A chest x-ray annually to nursing staff whose Mantoux reaction is positive (otherwise than as a result of BCG vaccination).

 

(e)        Where a nurse has been caring for open tuberculosis cases, a PA chest x-ray examination of the nurse one year after completion of employment.

 

(ii)        For protection against other communicable diseases:

 

(a)        where a nurse has not had a complete course of immunisation against diphtheria, tetanus, poliomyelitis, measles, mumps and hepatitis, immunisation against those diseases;

 

(b)        booster immunisation against tetanus at 10-year intervals;

 

(c)        a rubella antibody test and, where a nurse has a negative result, rubella immunisation. 

 

(iii)       For protection against radiation exposure, nurses required to work in close proximity to a source of ionising radiation should be provided with a film badge or personal radiation dosimeter, and a record should be maintained of the radiation exposure measured by such film badge or dosimeter.

 

(iv)       The costs involved in the various screening and protection procedures should be borne by the employer.

 

38.       Domestic Work

 

(i)         Except as hereinafter provided, nurses, student nurses, trainee enrolled nurses, enrolled nurses and assistants-in-nursing shall not be required to perform, as a matter of routine, the following duties, viz: washing, sweeping, polishing and/or dusting of floors, walls or windows of wards, corridors, annexes, bathrooms or verandas, nor any duties which are generally performed by classifications other than nursing staff: but this provision shall not preclude the employment of nurses, student nurses, trainee enrolled nurses, enrolled nurses and assistants-in-nursing on any of such duties in an isolation block or where the performance of those duties involves disinfection.

 

(ii)        Nothing in subclause (i) of this clause shall preclude a student nurse, trainee enrolled nurse, enrolled nurse or an assistant-in-nursing from being required to perform all or any of the specified duties during the first thirteen weeks of training or experience, as the case may be.

 

(iii)       Nothing in subclause (i) of this clause shall preclude any employee from being required to perform all or any of the specified duties at any time when domestic staff is not available to perform them; provided that the employer has made all reasonable efforts to obtain domestic staff.

 

39.       Branch Officials

 

(i)         The accredited Branch officials or an accredited delegate of the Branch/workplace shall be allowed to approach or be approached by a member of the Association to discuss any matter related to the member’s employment, at any time during working hours.

 

(ii)        The Branch officials or an accredited delegate shall be entitled to confer with management during working hours, without loss of pay, on any matter affecting or likely to affect in any way members of the Association employed by Catholic Health Care Services Ltd.

 

(iii)       The employer shall recognise Branch Officials and accredited delegates elected in accordance with the rules of the Association, and undertakes to permit such Branch Officials and delegates to perform their role without discrimination in their employment.

 

(iv)       The employer will consult with Branch Officials and accredited delegates prior to introducing any significant change which will, or likely to impact on employment levels, work processes, employee duties or other employment-related issues.

 

(v)        The employer will give Branch Officials or accredited delegates paid leave of up to 2 days per annum to attend the Association’s Branch Officials Training program, or Annual Conference, or Committee of Delegates and/or Council.

 

(vi)       The Branch Officials and accredited delegates shall be entitled to facilitate four paid union meeting’s per year for up to one hour each to discuss issues with nursing employees.

 

40.       Labour Flexibility

 

An employer may direct an employee to carry out duties as are within the limits of the employee's skill, competence and training.  Such duties may include work which is incidental or peripheral to the employee's main tasks provided that such duties are not designed to promote deskilling nor are inconsistent with Clause 38 - Domestic Work.

 

Any employer may direct an employee to carry out duties and use such 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 equipment.  Any such direction issued by the employer shall be consistent with the employer's responsibility to provide a safe and healthy working environment for employees and the employer's duty of care to patients.

 

41.       Termination of Employment

 

(i)         Except for misconduct justifying summary dismissal, the services of an employee shall be terminated only by fourteen days notice or by the payment of fourteen days salary in lieu thereof in the case of an employee other than a director of nursing, and by twenty eight days notice or by the payment of twenty eight days salary in lieu thereof in the case of a director of nursing.

 

(ii)        No employee shall, without the consent of the employer, resign without having given fourteen days notice (or in the case of a director of nursing, twenty eight days notice) of intention so to do or forfeiting salary earned during the pay period current at the time of resignation; provided that in no circumstances shall the employee other than a Director of Nursing forfeit more than fourteen days pay, and a director of nursing more than twenty eight days pay at the rates prescribed for her or his classification by Clause 9, Salaries, of this award.

 

(iii)       Upon the termination of the services of an employee the employer shall furnish the employee with a written statement, surely signed by or on behalf of the employer, setting out the period of the employment and the capacity in which the employee was employed.

 

(iv)       Employees who have accrued additional days off duty pursuant to subclause (vii) of Clause 4, Hours of Work and Free Time of Employees Other Than Directors of Nursing, shall be paid for such accrued time at ordinary rate of pay upon termination.

 

42.       Award Benefits to Be Continuous

 

(i)         In the event of any change in ownership licensee or management of any hospital or institution covered by this award, all employee rights and benefits provided by this award shall continue as if no such change in ownership, licensee or management had taken place

 

Where such changes do occur, no employee shall be paid out for accrued annual leave, long service leave or any other benefit, but such benefits shall be continuous.

 

(ii)        No employee, full-time or part-time, shall be terminated or required to take leave without pay where such termination or leave is used to avoid the requirements of any Act or to avoid payment of any rights or benefits provided by this award.

 

43.       Right of Entry

 

See section 297 of the Industrial Relations Act 1996.

 

44.       Exemptions

 

This award shall not apply to:

 

Members, novices, or aspirants of religious orders in hospital.

 

45.       Attendance at Meetings and Fire Drills

 

(i)         Any employee required to work outside the ordinary hours of work in satisfaction of the requirements for compulsory fire safety practices (fire drill and evacuation procedures) contained from time to time within the Private Hospitals and Day Procedure Centres Act, 1988, and the regulations made thereunder, shall be entitled to be paid the "ordinary rate" for the actual time spent in attendance at such practices.  In lieu of receiving payment, employees may with the agreement of the employer be permitted to be free from duty for a period of time equivalent to the period spent in attendance at such meetings.  Such time spent in attendance shall not be viewed as overtime for the purposes of this award.

 

(ii)        Any employee required to attend Occupational Health and Safety Committee and/or Board of Management meetings in the capacity of employee representative shall, if such meetings are held outside the ordinary hours of work, be entitled to receive payment at the "ordinary rate" for the actual time spent in attendance at such meetings.  In lieu of receiving payment, employees may with the agreement of the employer be permitted to be free from duty for a period of time equivalent to the period spent in attendance at such meetings.  Such time spent in attendance shall not be viewed as overtime for the purposes of this award.

 

(iii)       For the purposes of this clause "ordinary rate" shall include amounts payable under Clause 9, Salaries, and Clause 13, Special Allowances, subclauses (i) and (ii), of this award; plus, where appropriate, the 10% loading prescribed in Clause 23 of this award for employees engaged otherwise than as a full-time or permanent part-time employee.

 

46.       Resolution of Disputes and Grievances

 

(i)         With a view to an amicable and speedy settlement of all disputes, which cannot be resolved between the employees or their representatives and the supervising staff, such dispute shall be referred to the management of the facility who will arrange for the matter to be discussed with the employee concerned and a representative or representatives of the Association.

 

(ii)        Failing settlement of the issue at this level the matter shall be submitted to a committee consisting of not more than four members, two of whom shall be appointed by the employer and two by the Association.

 

(iii)       Whilst these procedures are continuing no stoppage of work or any form of ban or limitation of work shall be applied.

 

(iv)       The status quo shall remain whilst these procedures are being followed. For this purpose ‘status quo’ means the work procedures and practices in place:

 

(a)        immediately before the issue arose; or

 

(b)        immediately before any change to those procedures or practices, which caused the issue to arise, was made.

 

(v)        The Association reserves the right to vary this procedure where it is considered a safety factor is involved.

 

(vi)       Throughout all stages of these procedures, adequate records must be kept of all discussions.

 

(vii)      This clause shall not interfere with the right of either party to institute proceedings for the determination of any matter in accordance with the Industrial Relations Act 1996.

 

47.       Anti-Discrimination

 

(1)        It is the intention of the parties bound by this award 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.

 

(2)        It follows that in fulfilling their obligations under the dispute resolution procedure 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.

 

(3)        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.

 

(4)        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.

 

(5)        This clause does not create legal rights or obligations in addition to those imposed upon the parties by legislation referred to in this clause.

 

NOTES -

 

(a)        Employers and employees may also be subject to Commonwealth anti-discrimination legislation.  Section 56(d) of the Anti-Discrimination Act 1977 provides:

 

(b)        "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".

 

48.       Enterprise Arrangements

 

Part 1 - Parties

 

(i)         As part of the Structural Efficiency exercise and as an ongoing process, improvements in productivity and efficiency, discussion should take place at an enterprise to provide more flexible working arrangements, improvement in the quality of working life, enhancement of skills, training and job satisfaction, and positive assistance in the restructuring process and to encourage consultation mechanisms across the workplace to all employees in an enterprise and consideration of a single bargaining unit in all multi-union/union award workplaces.  Union delegates at the place of work may be involved in such discussions.

 

(ii)        The terms of any proposed genuine arrangement reached between an employer and employee(s) in any enterprise shall, after due processing, substitute for the provisions of this award to the extent that they are contrary provided that:

 

(a)        A majority of employees affected genuinely agree.

 

(b)        Such arrangement is consistent with the current State Wage Case principles.

 

(iii)      

 

(a)        Before any arrangement requiring variation to the award is signed and processed in accordance with Part 2, details of such arrangements shall be forwarded in writing to the union or unions with members in that enterprise affected by the changes and the employer association, if any, of which the employer is a member.  A union or an employer association may, within 14 days thereof, notify the employer in writing of any objection to the proposed arrangements including the reasons for such objection.

 

(b)        When an objection is raised, the parties are to confer in an effort to resolve the issue.

 

Part 2 - Procedures to be followed

 

Such enterprise arrangements shall be processed as follows:

 

(i)         All employees will be provided with the current prescriptions (eg.  award, industrial agreement or enterprise arrangement) that apply at the place of work.

 

(ii)       

 

(a)        Where an arrangement is agreed between the employer and the employees or their authorised representative at an enterprise, such arrangement shall be committed to writing.

 

Where the arrangement is agreed between the employer and an absolute majority of permanent employees under this award at an enterprise, such arrangement shall be committed to writing.

 

(b)        The authorised representative of employees at an enterprise may include a delegate, organiser or official of the relevant union if requested to be involved by the majority of employees at the establishment.

 

(iii)       The arrangement shall be signed by the employer, or the employer's duly authorised representative, and the employees, or their authorised representative with whom agreement was reached.

 

(iv)       Where an arrangement is objected to in accordance with Part 1 (iii) (a) and the objection is not resolved, an employer may make application to the Industrial Relations Commission to vary the award to give effect to the arrangement.

 

(v)        The union and/or employer association shall not unreasonably withhold consent to the arrangements agreed upon by the parties.

 

(vi)       If no party objects to the arrangement, then a consent application shall be made to the Industrial Relations Commission to have the arrangement approved and the award varied in the manner specified in paragraph (vii).  Such applications are to be processed in accordance with the appropriate State Wage Case principles.

 

(vii)      Where an arrangement is approved by the Industrial Relations Commission and the arrangement is contrary to any provisions of the award, then the name of the enterprise to which the arrangement applies, the date of operation of the arrangement, the award provisions from which the said enterprise is exempt, and the alternative provisions which are to apply in lieu of such award provisions (or reference to such alternative provisions), shall be set out in a schedule to the award.

 

(viii)     Such arrangement when approved shall be displayed on a notice board at each enterprise affected.

 

(ix)       No existing employee shall suffer a reduction in entitlement to earnings, award or over award, for working ordinary hours of work as the result of any award changes made as part of the implementation of the arrangement.

 

49.       Leave Reserved

 

Leave is reserved for the parties to the award to introduce a qualification allowance for Assistant In Nursing - Certificate III course.

 

50.       Workplace Consultative Committee

 

A committee of up to six (6) nursing staff comprising a cross section of nursing work areas and classifications shall be formed to consider and make recommendations to the employer, annually, in respect of priority areas for allocation of savings accrued as a result of remuneration packaging of staff.

 

51.       Relationship With Awards

 

This enterprise award must be read and interpreted in conjunction with the following awards;

 

(i)         The redundancy and workplace change provisions shall be in accordance with the Nurses’ (Private Sector) Redundancy (State) Award, as varied from time to time, and

 

(ii)        The traineeship provisions shall be in accordance with the Nurses’ (Private Sector) Training Wage (State) Award, as varied from time to time; and

 

(iii)       The superannuation provisions shall be in accordance with the Private Hospital & Nursing Home Nurses’ Superannuation (State) Award, as varied from time to time.

 

52.       Area, Incidence and Duration

 

(i)         This enterprise award shall apply to all nursing staff engaged and employed by Catholic Health Care Services Ltd or Hawkesbury District Health Service Ltd.  It shall not apply to or be binding on nursing staff employed by Catholic Health Care Services Ltd or Hawkesbury District Health Service Ltd that are covered by the Public Hospital Nurses (State) Award

 

(ii)        This enterprise award supersedes the Private Hospital Industry Nurses’ (State) Award published 24 August 2001 (327 I.G. 1) as varied and Nursing Homes &c., Nurses’ (State) Award published 22 January 1999 (308 I.G 45) as varied as it applies to employees employed under this award.

 

(iii)       It shall take effect in respect to Column 1 of Tables 1 and 2 of Part B Monetary Rates, from the beginning of the first pay period to commence on or after 14 August 2001; in respect to Column 2 of Tables 1 and 2 of Part B Monetary Rates, from the beginning of the first pay period to commence on or after 1 January 2002; in respect to Column 3 of Tables 1 and 2 of Part B Monetary Rates, from the beginning of the first pay period to commence on or after 1 January 2003; and in respect to Column 4 of Tables 1 and 2 of Part B Monetary Rates, from the beginning of the first pay period to commence on or after 1 July 2003.

 

(iv)       The award shall take effect from the first full pay period to commence on or after 14 August 2001 and shall remain in force until 31 January 2004 and thereafter until rescinded by the Commission.

 

PART B

 

MONETARY RATES

 

Adult Basic Wage:  $121.40 per week

 

Table 1 - Salaries

 

	Column 1	Column 2	Column 3	Column 4
Classification	First Pay Period 14 August 2001 $ per week 2%	First Pay Period 1.1.2002 $ per week 3%	First Pay Period 1.1.2003 $ per week 4%	First pay Period 1.7. 2003 $ per week 5%
Assistant in Nursing/Trainee Enrolled Nurse -   Under 18 years of age -   First year of experience Second year of experience Thereafter	377.60 394.30 410.00	388.90 406.10 422.30	404.50 422.30 439.20	424.70 443.40 461.20
18 years of age and over -   First year of experience Second year of experience Third year of experience Thereafter	445.40 459.70 474.10 488.90	458.80 473.50 488.30 503.60	477.20 492.40 507.80 523.70	501.10 517.00 533.20 549.90
Enrolled Nurse -   First year of experience Second year of experience Third year of experience Fourth year of experience Thereafter	546.80 558.70 570.80 582.80 595.00	563.20 575.50 587.90 600.30 612.90	585.70 598.50 611.40 624.30 637.40	615.00 628.40 642.00 655.50 669.30
Enrolled Nurse- Special Grade	613.60	632.00	657.30	690.20
Nurse undergoing Pre-registration training	534.50	550.50	572.50	601.10
Registered Nurse -   First year of experience Second year of experience Third year of experience Fourth year of experience Fifth year of service Sixth year of service Seventh year of service Eighth year of service	619.90 653.70 687.40 723.50 759.30 795.20 836.10 870.50	638.50 673.30 708.00 745.20 782.10 819.10 861.20 896.60	664.00 700.20 736.30 775.00 813.40 851.90 895.60 932.50	697.20 735.20 773.10 813.80 854.10 894.50 940.40 979.10
Clinical Nurse Specialist	906.10	933.30	970.60	1019.10
Clinical Nurse Consultant (appointed prior to 31/12/99)   Clinical Nurse Consultant   Grade 1   1st  year 2nd year   Grade 2   1st  year 2nd  year   Grade 3   1st  year 2nd year	1114.00           1,089.00 1,111.20       1,133.30 1,155.70       1,200.10 1,222.30	1147.40           1,121.70 1,144.50       1,167.30 1,190.40       1,236.10 1,259.00	1193.30           1,166.60 1,190.30       1,214.00 1,238.00       1,285.50 1,309.40	1253.00           1,224.90 1,249.80       1,274.70 1,299.90       1,349.80 1,374.90
Nurse Unit Manager -   Level 1 Level 2 Level 3	1091.90 1144.00 1174.60	1124.70 1178.30 1209.80	1169.70 1225.40 1258.20	1228.20 1286.70 1321.10
Clinical Nurse Educator	906.10	933.30	970.60	1019.10
Nurse Educator   1st year 2nd year 3rd year 4th year	1005.00 1033.30 1058.70 1114.00	1035.20 1064.30 1090.50 1147.40	1076.60 1106.90 1134.10 1193.30	1130.40 1162.20 1190.80 1253.00
Senior Nurse Educator -   First year Second year Third year	1140.90 1164.30 1203.30	1175.10 1199.20 1239.40	1222.10 1247.20 1289.00	1283.20 1309.60 1353.50
Assistant Director of Nursing - 100 beds and over	1174.60	1209.80	1258.20	1321.10
Deputy Director of Nursing -   Less than 100 beds 100 beds, less than 200 beds 200 beds, less than 250 beds 250 beds, less than 350 beds 350 beds, less than 450 beds 450 beds, less than 750 beds 750 beds and over	1144.00 1174.60 1203.30 1248.20 1292.90 1340.80 1392.80	1178.30 1209.80 1239.40 1285.70 1331.70 1381.00 1434.60	1225.40 1258.20 1289.00 1337.10 1385.00 1436.20 1492.00	1286.70 1321.10 1353.50 1404.00 1454.30 1508.00 1566.60
Director of Nursing or Subsidiary Hospital Director of Nursing - Less than 25 beds 25 beds, less than 50 beds 50 beds, less than 75 beds 75 beds, less than 100 beds 100 beds, less than 150 beds 150 beds, less than 200 beds 200 beds, less than 250 beds 250 beds, less than 350 beds 350 beds, less than 450 beds 450 beds, less than 750 beds 750 beds and over	1178.80 1248.20 1275.20 1301.70 1339.10 1383.90 1428.70 1482.40 1571.80 1663.00 1767.40	1214.20 1285.60 1313.50 1340.80 1379.30 1425.40 1471.60 1526.90 1619.00 1712.90 1820.40	1262.80 1337.00 1366.00 1394.40 1434.50 1482.40 1530.50 1588.00 1758.60 1781.40 1893.20	1325.90 1403.90 1434.30 1464.10 1506.20 1556.50 1607.00 1667.40 1846.50 1870.50 1987.90

 

 

Table 2 - Other Rates and Allowances

 

Item No.	Clause No.	Brief Description	Column 1 First pay period 12/08/01 2% $	Column 2 First pay period 1/01/2002 3% $	Column 3 First pay period 1/01/2003 4% $	Column 4 First pay period 1/07/2003 5% $
1	13(i)(a)	In charge of Hospital	15.16 per shift	15.61 per shift	16.23 per shift	17.04 per shift
2	13(i)(b)	In charge of ward/unit in absence of NUM	15.16 per shift	15.61 per shift	16.23 per shift	17.04 per shift
3	13(ii)(a)	On Call	13.49 per 24 hrs or part thereof	13.89 per 24 hrs or part thereof	14.45 per 24 hrs or part thereof	15.17 per 24 hrs or part thereof
4	13(ii)(b)	On call on rostered days off	27.02 per 24 hrs or part thereof	27.83 per 24 hrs or part thereof	28.94 per 24 hrs or part thereof	30.39 per 24 hrs or part thereof
5	13(ii)(c)	On call during meal break	7.55 per break	7.78 per break	8.09 per break	8.49 per break
6	13(iii)(a)	Radiographic allowance DON	21.04 per week	21.67 per week	22.54 per week	23.67 per week
7	13(iii)(c)	Radiographic allowance in absence of DON	4.28 per day	4.41 per day	4.59 per day	4.82 per day
8	13(iii)(c)	Radiographic allowance in absence of DON- maximum	21.04 per wk	21.67 per wk	22.54 per wk	23.67 per wk
9	13(iv)	Lead Apron Allowance	1.04 per hr or part thereof	1.07 per hr or part thereof	1.11 per hr or part thereof	1.17 per hr or part thereof
10	13(v)(a)	In charge of ward/unit and hospital	22.68 per shift	23.36 per shift	24.29 per shift	25.50 per shift
11	17(iii)(a)	Uniforms	4.99 per wk	4.99 per wk	4.99 per wk	4.99 per wk
12	17(iii)(a)	Shoes	1.55 per wk	1.55 per wk	1.55 per wk	1.55 per wk
13	17(iii)(b)	Stockings	2.59 per wk	2.59 per wk	2.59 per wk	2.59 per wk
14	17(iii)(c)	Cardigan or jacket	1.50 per wk	1.50 per wk	1.50 per wk	1.50 per wk
15	17(iii)(d)	Laundry	4.16 per wk	4.16 per wk	4.16 per wk	4.16 per wk
16	17(iii)(f)	Socks	0.51 per wk	0.51 per wk	0.51 per wk	0.51 per wk
17	19(vii)	Meal allowance overtime	13.80 per meal	13.80 per meal	13.80 per meal	13.80 per meal
18	32(a)(3)	Breakfast	2.75 per meal	2.75 per meal	2.75 per meal	2.75 per meal
19	32(a)(3)	Other meals	4.97 per meal	4.97 per meal	4.97 per meal	4.97 per meal

 

 

 

 

J. McLEAY, Commissioner.

 

 

 

____________________

 

 

 

Printed by the authority of the Industrial Registrar.