BEFORE THE INDUSTRIAL RELATIONS COMMISSION
Vol. 334, Part 3 21 June 2002 Pages 510 – 710
[pic]NEW SOUTH WALES
INDUSTRIAL GAZETTE
Printed by the authority of the
Industrial Registrar
50 Phillip Street, Sydney, N.S.W.
ISSN 0028-677X
CONTENTS
Vol. 334, Part 3 21 June 2002
Pages 510 - 710
Page
Awards and Determinations
Awards Made or Varied
|Charitable, Aged and Disability Care Services (State) |(AIRC) |601 |
|Club Managers' (State) Award 2002 |(AIRC) |520 |
|Confectioners (State) Training Wage |(VIRC) |674 |
|Crown Employees (Nurses, Department of Juvenile Justice) |(VIRC) |700 |
|Crown Employees (Police Service of New South Wales (Nurses)) |(VIRC) |702 |
|Engine Drivers, &c., General (State) |(VIRC) |686 |
|Health Administration Corporation and Department of Health, Nurses (State) | | |
| |(VIRC) |695 |
|Nurses' (Department of Community Services) Interim (State) |(VIRC) |697 |
|Nurses' Air Ambulance (State) |(VIRC) |705 |
|Private Hospital Industry Nurses' (State) |(VIRC) |683 |
|Public Health Service Employees Skilled Trades (State) Award (Incorporating The Ambulance| | |
|Service of NSW Skilled Trades) |(AIRC) |557 |
|Public Hospital Nurses' (State) |(VIRC) |691 |
|Transport Industry - Wholesale Butchers (State) Award 2000 |(VIRC) |688 |
|Workcover NSW Occupational Health Nurses' |(VIRC) |704 |
|383 Kent Street Building Project |(AIRC) |656 |
|State Wage Case 2002 |(SWC) |510 |
| | | |
|Enterprise Agreements Approved by the Industrial Relations Commission | |707 |
| |SERIAL C1258 |
STATE WAGE CASE 2002
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
FULL BENCH
Summons to Show Cause - Commission on its own initiative pursuant to Part 3 of Chapter 2 of the Industrial Relations Act 1996.
(No. IRC 2666 of 2002)
|Before The Honourable Justice Wright, President |31 May 2002 |
|The Honourable Justice Walton, Vice-President | |
|Mr Deputy President Sams | |
|The Honourable Justice Boland | |
|Commissioner Tabbaa | |
orders
The Commission makes the following orders:
(1) Pursuant to s.50 of the Industrial Relations Act 1996, the Full Bench of the Industrial Relations Commission of New South Wales orders, for the purpose of awards and other matters under the Act, the adoption, partly and with modifications as contained in this decision, of the principles and provisions of the National decision of 9 May 2002.
(2) Pursuant to order 1, the Commission orders that the Commission’s Wage Fixing Principles shall be as set out in the attached Annexure.
(3) Pursuant to s.52 of the Act, the Commission orders that awards that do not contain wage increases awarded since 29 May 1991, other than safety net, State Wage Case and minimum rates adjustments, may be varied in accordance with the Commission’s Wage Fixing Principles upon application to include a State Wage Case adjustment of $18 per week.
At the hearing of any such application, the Commission may, in its discretion, award the whole or part of the amounts referred to in the Principles or determine that no amount should be awarded.
(4) Pursuant to s.52 of the Act, the Commission orders that the following rates may be increased by 3.5 per cent upon application in accordance with the Commission’s Wage Fixing Principles:
(i) existing allowances which relate to work or conditions which have not changed, including shift allowances expressed as monetary amounts and service increments; and
(ii) junior rates expressed as monetary amounts.
Counterpart awards should be adjusted by the same amount as their federal award counterparts.
(5) These orders shall operate on and from 31 May 2002 until further order of the Commission.
ANNEXURE
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
STATE WAGE CASE 2002
WAGE FIXING PRINCIPLES
1. Preamble
These principles have been developed with the aim of providing for their period of operation, a framework under which all concerned - employers, workers and their unions, governments and tribunals - can co-operate to ensure that measures to meet the competitive requirements of enterprises and industry are positively examined and implemented in the interests of management, workers and, ultimately, Australian and New South Wales society.
In exercising its powers and obligations under the Industrial Relations Act 1996 (‘the Act’), the Commission will continue to apply structural efficiency considerations, including minimum rates adjustments provisions.
Movements in wages and conditions must fall within the following principles.
2. When an Award may be Varied or Another Award Made Without the Claim Requiring Consideration as a Special Case
In the following circumstances an award may, on application, be varied or another award made without the application requiring consideration as a special case:
(a) to include previous State Wage Case increases in accordance with Principle 3;
(b) to incorporate test case standards in accordance with Principle 4;
(c) to adjust allowances and service increments in accordance with Principle 5;
(d) to adjust wages pursuant to work value changes in accordance with Principle 6;
(e) where the application is consented to by the parties it will be dealt with in terms of the Act;
(f) to adjust wages for the State Wage Case 2002 in accordance with Principle 8; and
(g) to approve of an enterprise arrangement reached in accordance with Principle 11.
(h) to adjust wages pursuant to an application claiming that work has been undervalued on a gender basis in accordance with Principle 14.
3. Previous State Wage Case Increases
Applications for increases available under previous State Wage Case decisions will be determined in accordance with the relevant principles contained in those decisions.
4. Test Case Standards
Test case standards established and/or revised by a Full Bench of the Commission may be incorporated into an award in accordance with the Act. Where disagreement exists as to whether a claim involves a test case standard, those asserting that it does must make an application for a special case.
g5. Adjustment of Allowances and Service Increments
(a) Existing allowances which constitute a reimbursement of expenses incurred may be adjusted from time to time where appropriate to reflect relevant changes in the level of such expenses.
(b) Existing allowances which relate to work or conditions which have not changed, including shift allowances expressed as monetary amounts and service increments, may be increased by 3.5 per cent for the State Wage Case 2002 adjustment.
Counterpart State awards should be adjusted by the same amount as their federal counterpart.
(c) Existing allowances for which an increase is claimed because of changes in the work or conditions will be determined in accordance with the relevant provisions of the Work Value Changes principle of these principles.
(d) New allowances to compensate for the reimbursement of expenses incurred may be awarded where appropriate having regard to such expenses.
(e) Where changes in the work have occurred or new work and conditions have arisen, the question of a new allowance, if any, will be determined in accordance with the relevant principles of these principles. The relevant principles in this context may be Work Value Changes or First Award and Extension to an Existing Award.
(f) New service increments may only be awarded to compensate for changes in the work and/or conditions and will be determined in accordance with the relevant provisions of the Work Value Changes principle of these principles.
6. Work Value Changes
(a) Changes in work value may arise from changes in the nature of the work, skill and responsibility required or the conditions under which work is performed. Changes in work by themselves may not lead to a change in wage rates. The strict test for an alteration in wage rates is that the change in the nature of the work should constitute such a significant net addition to work requirements as to warrant the creation of a new classification or upgrading to a higher classification.
In addition to meeting this test a party making a work value application will need to justify any change to wage relativities that might result not only within the relevant internal award structure but also against external classifications to which that structure is related. There must be no likelihood of wage leapfrogging arising out of changes in relative position.
These are the only circumstances in which rates may be altered on the ground of work value and the altered rates may be applied only to employees whose work has changed in accordance with this principle.
(b) In applying the Work Value Changes principle, the Commission will have regard to the need for any alterations to wage relativities between awards to be based on skill, responsibility and the conditions under which work is performed.
(c) Where new or changed work justifying a higher rate is performed only from time to time by persons covered by a particular classification, or where it is performed only by some of the persons covered by the classification, such new or changed work should be compensated by a special allowance which is payable only when the new or changed work is performed by a particular employee and not by increasing the rate for the classification as a whole.
(d) The time from which work value changes in an award should be measured is the date of operation of the second structural efficiency adjustment allowable under the State Wage Case 1989.
(e) Care should be exercised to ensure that changes which were or should have been taken into account in any previous work value adjustments or in a structural efficiency exercise are not included in any work evaluation under this principle.
(f) Where the tests specified in (a) are met, an assessment will have to be made as to how that alteration should be measured in money terms. Such assessment will normally be based on the previous work requirements, the wage previously fixed for the work and the nature and extent of the change in work.
(g) The expression ‘the conditions under which the work is performed’ relates to the environment in which the work is done.
(h) The Commission will guard against contrived classifications and over-classification of jobs.
(i) Any changes in the nature of the work, skill and responsibility required or the conditions under which the work is performed, taken into account in assessing an increase under any other principle of these principles, will not be taken into account under this principle.
7. Standard Hours
In approving any application to reduce the standard hours to 38 per week, the Commission will satisfy itself that the cost impact is minimised. Claims for reduction in standard weekly hours below 38 will not be allowed.
8. State Wage Case Adjustments
In accordance with the State Wage Case 2002 decision awards may, on application, be varied to include a State Wage Case adjustment of $18.00 per week subject to the following:
(a) The operative date will be no earlier than the date of the variation to the award.
(b) That at least twelve months have elapsed since the rates in the award were increased in accordance with the State Wage Case 2001 decision.
(c) In awards where the variation for a safety net adjustment arising from the 1999, 2000, 2001 or 2002 State Wage Case decisions is by consent and does not result in an increase in the wage rates actually paid to employees or increase the wage costs for any employer, any applicable 12 months' delay between variations may be waived.
(d) At the time when the award is to be varied to insert the State Wage Case adjustment (or a proportionate amount in the cases of part-time and casual employees, juniors, trainees, apprentices, employees on a probationary rate, employees on a supported wage or with permits under s125 of the Act), each union party to the award will be required to give a specific commitment as to the absorption of the increase. In particular, the union commitments will involve the acceptance of absorption of the adjustment to the extent of:
(i) any equivalent overaward payments, and/or
(ii) award wage increases since 29 May 1991 other than safety net, State Wage Case, and minimum rates adjustments.
(e) The following clause must be inserted in the award:
The rates of pay in this award include the adjustments payable under the State Wage Case 2002. These adjustments may be offset against:
(i) any equivalent overaward payments, and/or
(ii) award wage increases since 29 May 1991 other than safety net, State Wage Case, and minimum rates adjustments.
The above clause will replace the offsetting clause inserted into awards pursuant to the principles determined in the State Wage Case 2001 decision.
(f) By consent of all parties to an award, where the minimum rates adjustment has been completed, award rates may be expressed as hourly rates as well as weekly rates. In the absence of consent, a claim that award rates be so expressed may be determined by arbitration.
(g) The State Wage Case adjustment will only be available where the rates in the award have not been increased, other than by safety net or State Wage Case adjustments, or as a result of the application of the Minimum Rates Adjustment principle, since 29 May 1991.
9. Award Review Classification Rate
The Award Review Classification Rate of $431.40 shall be the rate below which no full-time adult employee (excluding trainees, apprentices and employees on a supported wage or on a probationary rate) should be paid under the relevant award.
Where a classification in an award is below the Award Review Classification Rate the following process will apply on application:
(a) The award will be listed for a mention at which the parties will report as to:
(i) how the Award Review Classification Rate will be achieved, or
(ii) whether the award is obsolete.
The Commission may direct the parties to confer in order to set a program for an updating of the award to reflect the Award Review Classification Rate.
(b) If the parties to the award do not appear at this mention, the Commission shall request the parties to the award to show cause why the award should not be considered obsolete, and rescinded under s17(3) of the Act.
(c) Where no agreement is reached with respect to (a) above, the Commission shall relist the matter in order to conciliate the issues in dispute.
(d) If the attempt at conciliation is unsuccessful the Commission shall arbitrate any outstanding issue.
10. Special Case
Except for the flow on of test case provisions, any claim for increases in wages and salaries, or changes in conditions in awards, other than those allowed elsewhere in the principles, will be processed as a special case before a Full Bench of the Commission, unless otherwise allocated by the President.
This principle does not apply to applications for awards consented to by the parties, which will be dealt with in the terms of the Act, or to enterprise arrangements, which will be dealt with in accordance with the Enterprise Arrangements principle.
11. Enterprise Arrangements
(a) The Commission may approve of enterprise arrangements reached in accordance with this principle and the provisions of the Act.
(b) Industrial unions of employees and industrial unions of employers, or industrial unions of employees and employers, or employees and employers may negotiate enterprise arrangements which, subject to the following provisions, shall prevail over the provision of any award or order of the Commission that deals with the same matters in so far as they purport to apply to parties bound by the arrangements, provided that where the arrangement is between employees and an employer a majority of employees affected by the arrangement genuinely agree.
(c) An enterprise arrangement shall be an agreed arrangement for an enterprise, or discrete section of an enterprise, being a business, undertaking or project, involving parties set out in paragraph (b).
(d) Enterprise arrangements shall be for a fixed term and there shall be no further adjustments of wages or other conditions of employment during this term other than where contained in the arrangement itself. Subject to the terms of the arrangement, however, such arrangement shall continue in force until varied or rescinded in accordance with the Act.
(e) For the purposes of seeking the approval of the Commission, and in accordance with the provisions of the Act, a party shall file with the Industrial Registrar an application to the Commission to either:
(i) vary an award in accordance with the Act; or
(ii) make a new award in accordance with the Act.
(f) On a hearing for the approval of an enterprise arrangement, the Commission will consider in addition to the industrial merits of the case under the State Wage Case principles:
(i) ensuring the arrangement does not involve a reduction in ordinary time earnings and does not depart from Commission standards of hours of work, annual leave with pay or long service leave with pay; and
(ii) whether the proposed award or variation is consistent with the continuing implementation at enterprise level of structural efficiency considerations.
(g) The Commission is available to assist the parties to negotiations for an enterprise arrangement by means of conciliation and, in accordance with these principles and the Act, by means of arbitration. If any party to such negotiations seeks arbitration of a matter relating to an enterprise arrangement such arbitration shall be as a last resort.
(h) Enterprise arrangements entered into directly between employees and employers shall be processed as follows, subject to the Commission being satisfied in a particular case that departure from these requirements is justified:
(i) All employees will be provided with the current prescriptions (eg award, industrial agreement or enterprise agreement) that apply at the place of work.
(ii) The arrangement shall be committed to writing and signed by the employer, or the employer’s duly authorised representative, with whom agreement was reached.
(iii) Before any arrangement is signed and processed in accordance with this principle, details of such arrangement 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.
(iv) A union or 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 and in such circumstances the parties are to confer in an effort to resolve the issue.
(v) Where an arrangement is objected to by a union or employer association and the objection is not resolved, an employer may make application to the Commission to vary an award or create a new award to give effect to the arrangement.
(vi) A union and/or employer association shall not unreasonably withhold consent to the arrangements agreed upon by the parties.
(vii) If no party objects to the arrangement, then a consent application shall be made to the Commission to have the matter approved in accordance with paragraph (e) of this principle.
(viii) Such arrangement once approved shall be displayed on a notice board at each enterprise affected.
12. Superannuation
(a) An application to make or to vary a minimum rates or paid rates award which:
(i) seeks a greater quantum of employer contributions than required by the Superannuation Guarantee (Administration) Act 1992 (Cth) (‘the SGA Act’); or
(ii) seeks employer contributions to be paid in respect of a category of employee in respect of which the SGA Act does not require contributions to be paid;
shall be referred to a Full Bench for consideration as a special case, unless otherwise allocated by the President. Exceptions to this process are applications which fall within the Enterprise Arrangements and First Awards and Extensions to Existing Awards principles.
(b) If an application is made that does not fall within paragraph (a), the Commission will, subject to paragraph (c):
(i) make or vary an award by inserting a clause stating:
‘Superannuation Legislation - The subject of superannuation is dealt with extensively by federal legislation including the Superannuation Guarantee (Administration) Act 1992 (Cth), the Superannuation Industry (Supervision) Act 1993 (Cth), the Superannuation (Resolution of Complaints) Act 1993 (Cth), and s124 of the Industrial Relations Act 1996. This legislation, as varied from time to time, governs the superannuation rights and obligations of the parties’.
(ii) if appropriate, ensure that the award contains specification of an employee’s earnings (eg ‘ordinary time earnings’) which, for the purposes of the SGA Act, will operate to provide a ‘notional earnings base’, and
(iii) if the award is to continue to prescribe a ‘flat dollar’ amount of employer contribution, ensure that appropriate amounts are inserted so as to give effect to the levels of contribution required from time to time under the SGA Act.
(c) The Commission may award provisions which differ from those in paragraph (b):
(i) by consent; or
(ii) in the absence of consent, by arbitration, provided the Commission is satisfied that there are particular factors warranting the awarding of different provisions. Such factors may include:
(A) the wishes of the parties;
(B) the nature of the particular industry or enterprise;
(C) the history of the existing award provisions;
(D) relevant decisions of the Commission establishing superannuation principles; and
(E) relevant statutory provisions.
(d) Before any different provisions are awarded under paragraph (c), either by consent or arbitration, the Commission must be satisfied, on expert evidence, that the award to be made will not contain requirements that would result in an employer not meeting the requirements imposed by the SGA Act.
(e) Subject to s124 of the Act, any specification of a fund will carry with it the obligation for an employer to pay contributions at such intervals as are required by the fund.
(f) In determining applications as to specification of fund, the Commission will, as appropriate:
(i) ensure that any fund specified by it is one into which payment will meet the employer’s obligations under the SGA Act;
(ii) have regard to the Superannuation Industry (Supervision) Act 1993 (Cth) (‘the Supervision Act’) which provides for the prudent management of certain superannuation funds and for their supervision by the Insurance and Superannuation Commissioner. In particular, the requirement with respect to equal representation of employers and members on what are called ‘standard employer-sponsored funds’ (Pt 9 of the Supervision Act) should be noted;
(iii) have regard to previous decisions of the Commission with respect to the specification of a fund or funds; and
(iv) have regard to relevant statutory provisions.
(g) Due to the variety of existing award superannuation provisions and the impact and complexity of the SGA Act, all applications to the Commission may not be capable of being dealt with in accordance with the approach set out above. In any such case it may be appropriate for the application to be dealt with as a special case.
13. First Award and Extension to an Existing Award
Any first award or an extension to an existing award must be consistent with the Commission's obligations under Part 1 Chapter 2 of the Act.
In determining the content of a first award the Commission will have particular regard to:
(a) relevant wage rates in other awards, provided the rates have been adjusted for previous State Wage Case decisions and are consistent with the decision of the Stage Wage Case 1989;
(b) the need for any alterations to wage relativities between awards to be based on skill, responsibility and the conditions under which the work is performed;
(c) for conditions of employment, other than wage rates, prima facie the existing conditions of employment;
(d) that the award would comply with the requirements of section 19 of the Act.
14. Equal Remuneration and Other Conditions
(a) Claims may be made in accordance with the requirements of this principle for an alteration in wage rates or other conditions of employment on the basis that the work, skill and responsibility required, or the conditions under which the work is performed, have been undervalued on a gender basis.
(b) The assessment of the work, skill and responsibility required under this principle is to be approached on a gender neutral basis and in the absence of assumptions based on gender.
(c) Where the undervaluation is sought to be demonstrated by reference to any comparator awards or classifications, the assessment is not to have regard to factors incorporated in the rates of such other awards which do not reflect the value of work, such as labour market attraction or retention rates or productivity factors.
(d) The application of any formula, which is inconsistent with proper consideration of the value of the work performed, is inappropriate to the implementation of this principle.
(e) The assessment of wage rates and other conditions of employment under this principle is to have regard to the history of the award concerned.
(f) Any change in wage relativities which may result from any adjustments under this principle, not only within the award in question but also against external classifications to which the award structure is related, must occur in such a way as to ensure there is no likelihood of wage leapfrogging arising out of changes in relative positions.
(g) In applying this principle, the Commission will ensure that any alternative to wage relativities is based upon the work, skill and responsibility required, including the conditions under which the work is performed.
(h) Where the requirements of this principle have been satisfied, an assessment shall be made as to how the undervaluation should be addressed in money terms or by other changes in conditions of employment, such as reclassification of the work, establishment of new career paths or changes in incremental scales. Such assessments will reflect the wages and conditions of employment previously fixed for the work and the nature and extent of the undervaluation established.
(i) Any changes made to the award as the result of this assessment may be phased in and any increase in wages may be absorbed in individual employees’ overaward payments.
(j) Care should be taken to ensure that work, skill and responsibility which have been taken into account in any previous work value adjustments or structural efficiency exercises are not again considered under this principle, except to the extent of any undervaluation established.
(k) Where undervaluation is established only in respect of some persons covered by a particular classification, the undervaluation may be addressed by the creation of a new classification and not by increasing the rates for the classification as a whole.
(l) The expression ‘the conditions under which the work is performed’ has the same meaning as in Principle 6, Work Value Change.
(m) The Commission will guard against contrived classification and over classification of jobs. It will also consider:
(i) the state of the economy of New South Wales and the likely effect of its decision on the economy;
(ii) the likely effect of its decision on the industry and/or the employers affected by the decision; and
(iii) the likely effect of its decision on employment.
(n) Claims under this principle will be processed before a Full Bench of the Commission, unless otherwise allocated by the President.
(o) Equal remuneration shall not be achieved by reducing any current wage rates or other conditions of employment.
15. Economic incapacity
Any employer or group of employers bound by an award may apply to, temporarily or otherwise, reduce, postpone and/or phase in the application of any increase in labour costs determined under the principles on the ground of very serious or extreme economic adversity. The merit of such application shall be determined in the light of the particular circumstances of each case and any material relating thereto shall be vigorously tested. Significant unemployment or other serious consequences for the employees and employers concerned are significant factors to be taken into account in assessing the merit of any application.
Such an application shall be processed according to the Special Case principle.
Any decision to temporarily reduce or postpone an increase will be subject to a further review, the date of which will be determined by the Commission at the time it decides any application under this principle.
16. Duration
These principles will operate until further order of the Commission.
F. L. WRIGHT J, President.
M. J. WALTON J, Vice-President.
P. J. SAMS D.P.
R. P. BOLAND J.
I. TABBAA, Commissioner.
____________________
Printed by the authority of the Industrial Registrar.
|(141) |SERIAL C1087 |
CLUB MANAGERS' (STATE) AWARD 2002
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Application by Club Managers' Association, industrial organisation of employees.
(No. IRC 8062 of 2001)
|Before Mr Deputy President Sams |29 January and 18 February 2002 |
AWARD
1. Award Title
This award shall be known as the Club Managers (State) Award 2002.
2. Arrangement
PART A
THIS AWARD IS ARRANGED AS FOLLOWS:
Clause No. Subject Matter
34. Accommodation
25. Annual Leave
12 Anti-Discrimination and Harassment
2. Arrangement
3. Area, Incidence and Duration
1. Award Title
29. Bereavement Leave
9. Classifications and Wage Rates
5. Definitions
6. Duties and Responsibilities
32. Emergency Service Leave
8. Enterprise Flexibility Provisions
7. Exemptions
16. Expenses
42. Further Negotiations
39. Grievance and Dispute Procedure
18. Higher Duties Allowance
19. Hours of Work
33. Jury service
26. Long Service Leave
10. Management Trainees
20. Meal Breaks and Allowance
4. No Extra Claims
17. Motor Vehicle Allowance
22. Overtime
13. Payment of Salaries
28. Personal/Carer's Leave
30. Professional Development Leave
24. Public Holidays
11. Part-time Employees
23. Recall To Duty
40. Redundancy
31. Reserve Forces Leave
15. Right of Entry of Association Officials
21. Rostered Days Off
27. Sick Leave
41. Structural Efficiency
37. Superannuation
38. Termination of employment
14. Time and Salaries Records
35. Uniforms
36. Workers Compensation Insurance
PART B
MONETARY RATES
Table 1 - Rates of Pay
Table 2 - Other Rates and Allowances
Appendix A - Training requirements
3. Area, Incidence and Duration
3.1 This Award rescinds and replaces the Club Managers (State) Award 1999 published 4 August 2000 (317 I.G. 583), and all variations thereof.
3.2 It shall apply to all persons employed as Managers within clubs and Management Trainees, within the State of New South Wales, excluding the County of Yancowinna.
3.3 The Award shall take effect from the first full pay period to commence on or after 4 January 2002 and the award shall remain in force until 3 January 2004.
4. No Extra Claims
The parties agree that there shall be no further claims in relation to issues covered by the award, for the duration of this award, except as to agreed matters allowed by the Industrial Relations Act 1996.
5. Definitions
5.1 Association shall mean the Club Managers’ Association.
5.2 Club or employer shall mean any club registered under the provisions of the Registered Clubs Act 1976. Or is a Club that amalgamates with a registered club.
5.3 CMDA shall mean Club Management Development Australia.
5.4 Continuous service
5.4.1 In calculating an employee’s continuous service, the only absences counted as time worked are the following:
(a) up to 160 ordinary working hours in a twelve month period because of sickness or accident; (or proportionally less for a part-time employee);
(b) long service leave that an employee takes under the State Long Service Leave Act 1955;
(c) annual leave; and
(d) any absence covered by workers compensation legislation.
5.4.2 The following events do not break an employee’s continuous service:
(a) sick leave;
(b) non paid leave as the result of an accident of a reasonable duration;
(c) leave lawfully granted by the employer; or
(d) absence for a reasonable cause. (The employee must prove that the absence was reasonable).
5.4.3 Where employees are temporarily stood down through no fault of their own, service is not to be considered to be broken.
5.4.4 Any other absence from work does not break continuity of service unless the employer notifies the employee, in writing, within fourteen days of the employee returning to work after the absence. If an individual employee is absent, the employer must tell that employee by:
(a) giving the notice to him or her personally; or
(b) posting the notice to his or her last known address.
5.4.5 If a number of employees are absent because of collective action, continuity of employment will not be effected unless the employer gives advice by placing a notice in the place where the employer normally places general notices to employees that such continued action may effect the continuity of employment. The employer must also send a copy of the notice to the Association on the same day.
5.4.6 Continuous service is not effected if the employer breaks or ends the employee’s service in order to avoid the employer’s obligations in respect of leave.
5.5 Employee shall mean any Manager (by whatever title), or Trainee Manager employed by the Club.
5.6 Gender - Words imparting the masculine gender also include the feminine gender, and unless the context otherwise indicates or requires words imparting the singular also include the plural and vice versa.
5.7 Gross annual revenue shall mean gross receipts from bar, dining areas, green fee and other miscellaneous income and net income from poker machines less any licence fee paid.
5.8 Management trainee shall mean an employee appointed as such by the club’s Board of Directors or Committee of Management or by a person, including the club Manager, authorised to make such appointment, and engaged in management training subject to the provisions of 10.3 - Management trainee rates.
5.9 CLUBS NSW shall mean the trading name of The Registered Clubs Association of New South Wales.
5.10 Secretary/Manager, Club Manager, Manager, General Manager, Chief Executive Officer (which classifications are in this award collectively referred to as the Club Manager) shall mean an employee who is appointed by the club's Board of Directors or Committee of Management, or the governing bodies duly appointed representative, to undertake the duties of the general management, promotion and supervision of the club's activities, functions and business and the direction, supervision and control of all other staff employed therein, and without limiting the generality of the foregoing shall unless otherwise directed by the Board, include any but not necessarily all of the areas cover in clause 6 of this award.
6. Duties and Responsibilities
Standard of Conduct
6.1 Policy
6.1.1 Club Managers as defined in subclause 5.10 are expected to achieve and maintain a high standard of work performance in order to set example for other club employees and ensure the confidence of club members and their elected representatives on the Clubs governing management committee.
6.2 Practice
6.2.1 Managers should perform their duties with professionalism and integrity by providing operational information to the Club’s Board of Directors, in a timely manner.
6.2.2 All Managers shall be responsible for the administration and implementation of Club policies on a day-to-day basis. Club polices are as determined by the Club’s Board of Directors.
6.2.3 If a manager finds that they have some personal, financial or other involvement which may lead to a conflict of interest they shall discuss the matter with the Club’s Board of Directors or the duly appointed representative of the Board.
6.3 Managers shall be required to dress appropriately for the duties they perform and in accordance with the policy and culture of the Club.
6.4 Administration
6.4.1 Policy
The implementation of club policy as laid down by the Board of Directors;
The implementation of Board of Directors’ instructions;
Reporting to the Board of Directors, including a written report to the Board, on the running of the club since the last monthly report was written;
Recommending courses of action to Board of Directors.
6.4.2 Secretarial
Organisation and control of office staff activities;
Supervision of wages preparation, and verification in accordance with industrial instruments and awards, where necessary, of employee's entitlements;
Supervision of preparation of up-to-date membership lists and registers;
Preparation of statutory returns relating to:
poker machines;
financial performance;
taxation;
licensing requirements.
maintenance of proper records, including preparation of accurate minutes.
6.4.3 Legal
Interpretation and application of the relevant Statutes and Acts of parliament and regulations made thereunder, in so far as each of these affects the club, including but not limited to the regulation of the following issues:
Industrial Relations;
Corporations and Associations;
Taxation;
Trade Practices;
Liquor, Gaming and Food;
Workplace Health and Safety;
Discrimination;
Accommodation;
Security;
Registered Clubs.
6.4.4 Accounting
Supervision of accounting procedures, and where appropriate, preparation of accounts, and accounting procedures and maintenance (in conjunction with the Finance Manager or Club Accountant where applicable);
Preparation of annual accounts and annual reports;
Interpretation of financial results;
Preparation of budgets and Treasury returns.
6.4.5 Personnel/Human Resources
Establish, procedures and policy’s in relation to matters pertaining to positive employment practises;
Delegation of authority and responsibility to staff;
Explanation to, and general supervision of duties of subordinate managerial staff members;
The engagement of staff, except where the Board reserves the right to make the appointment, and the termination of staff in appropriate circumstances;
Interpretation and application of the relevant Statutes and Acts of parliament and regulations made thereunder, in so far as each of these affects the club, including but not limited to the regulation of the following issues:
Industrial Relations;
Income Taxation;
Occupational Superannuation;
Vocational Education and Training;
Affirmative Action;
Discrimination;
Workplace Health and Safety;
Annual and Long Service Leave;
Workers Compensation;
Negotiations with staff and/or unions, and problem resolution;
Training and development of staff;
Staff motivation (otherwise than by over-award payments and/or conditions, without prior Board approval);
Maintenance of effective employer/employee relations.
6.4.6 Bar operations
Responsibility for supervision of activities of Bar staff (in conjunction with the Beverage Manager, where applicable);
Supervision of liquor purchasing;
Supervision of stock control procedures;
Supervision of security of bar areas;
Responsibility for security of cash takings;
General control of effective and economical staff rostering;
Analysis and interpretation of bar trading results;
Responsibility for hygiene in bar areas; and
Responsibility for standard of liquor service.
Implementation of Responsible Service of Alcohol practices and procedures
6.4.7 Catering operations
Responsibility for supervision of activities of catering staff (in conjunction with the Catering Manager or Head Chef, where applicable);
Menu planning;
Dish costing;
Food preparation;
Food service techniques; and
Billing procedures.
Responsibility for supervision of food purchasing;
Responsibility for supervision of stock control procedures;
Responsibility for security of cash takings;
General control of effective and economical staff rostering;
Analysis and interpretation of food trading results;
Responsibility for hygiene in food service areas; and
Maintenance of up-to-date knowledge of new products, services and equipment.
6.4.8 Poker machine/ Gaming operations
Responsibility for supervision of activities of poker machine/gaming staff (in conjunction with the Gaming Manager, where applicable);
Maintaining up-to-date knowledge of models and their operations;
Arranging for maintenance and repairs;
Compilation of returns to statutory authorities;
Prevention of frauds;
Responsibility for supervision of cash takings procedures; and
Analysis and interpretation of trading results.
Responsibility for all other forms of gaming within the club, including but not limited to; TAB facilities and Keno.
Implementation of practice and procedures for the Responsible Conduct of Gaming.
6.4.9 Premises operations
Responsibility for supervision upkeep and maintenance of club property buildings and capital equipment in all club areas (in conjunction with the Maintenance Manager, where applicable);
Responsibility for supervising cleaning operations in all club areas;
Responsibility for checking of need and arranging for maintenance and repairs;
Responsibility for arranging for overall club major maintenance and repairs, in accordance with expressed policy of the Board;
Planning and coordinating of activities in connection with renovations or extensions, in accordance with expressed policy of the Board;
Submission of samples and/or tenders for selection by the board of furniture and fittings;
Responsibility for security for all stocks and moneys in the club; and
Responsibility for security and safety of premises.
6.4.10 Club promotion
Responsibility for supervision of activities of promotional staff (in conjunction with the Marketing and Promotions Manager, where applicable);
By personal conduct and bearing, the maintenance of good relations with members; exemplified by prompt:
Handling of members' complaints;
Dealing with intoxicated members and guests;
Social activities with members.
Production of Members Newsletters and Journals.
Creation, Production and Implementation of Strategic Marketing Plans.
6.4.11 Club Entertainment/Function.
Responsibility for club entertainment (in conjunction with Entertainment Manager, where applicable);
Determine programmes and schedules for functions/entertainment
Engagement of artists, in accordance with Board policy;
Arranging and publicising club entertainment and functions
6.4.12 Club Sporting/Greens and Course operations
Responsibility for supervision upkeep and maintenance of club sporting facilities and capital equipment (in conjunction with the designated sports Manager, Greenkeeper or Course superintendent where applicable);
6.4.13 Club information and technology operations
Responsibility for supervision establishment, upkeep and maintenance of club information and technology systems and capital equipment including but not limited to, Club Web site and computer hardware and soft ware systems (in conjunction with the designated IT Manager where applicable);
6.4.14 Club commitment and involvement with sporting, charity, and community activities.
Responsibility for club sporting activities;
Liaison with club sports associations;
Publicising club sporting activities;
Provision of club sporting equipment and facilities, as approved by the Board, in response to requests by internal Sports Committees.
Organisation, planning and promotion of club functions.
Maintenance or establishment of club's community activities, in accordance with the expressed policy of the Board;
Facilitating support to charities;
Establishing alternative areas of community involvement.
6.4.15 Club external relations
Maintenance or establishment of relations with organisations and Government departments;
Employers' associations;
Industrial unions;
Liquor licensing division;
Treasury/gaming.
7. Exemptions
This award does not apply to:
7.1 Clubs' Honorary Secretaries.
7.2 Clubs with a gross annual revenue of less than $500,000.
8. Enterprise Flexibility Provisions
Where an employer or employees wish to pursue an agreement at the enterprise or workplace about how the award should be varied so as to make the enterprise or workplace operate more efficiently according to its particular needs the following process shall apply:
8.1 A consultative mechanism and procedures appropriate to the size, structure and needs of the enterprise or workplace shall be established.
8.2 For the purpose of the consultative process the employees may nominate the Association.
8.3 Where agreement is reached an application shall be made to the Commission.
9. Classifications and Wage Rates
9.1 Classifications
9.1.1 The Management Committee of an employing Club shall establish an appropriate Management Classification level for management positions at their respective Club. Management employee shall be advised in writing of their classification level. Disputes arising from established classifications levels of individual managers may be dealt with in accordance with clause 39 of this award.
9.1.2 From the commencement date of this award and subject to this clause a management employee shall be classified and appointed as such in accordance with the nature of the job being performed, into any of the following classification levels;
9.1.3 Level "A" Manager
(a) Directly supervises the work of other employees and is supervised by more senior management;
(b) Has completed the prescribed standard of training; and
(c) Indicative tasks of a Level "A" Manager include:
Supervision of staff in one or more sections of the club, including allocation of duties, preparation of rosters, approval of overtime, employee counselling, discipline and performance appraisal.
Plan and implement improved work procedures.
Make recommendations to senior management or the management committee on staff including training requirements and staffing levels.
Decides in consultation with senior management or the management committee on the engagement, termination and promotion of non-managerial staff.
Trains non-managerial staff.
Supervises clerical work, maintains records including the use of computers.
Supervision of stock control and stocktaking.
Contributes ideas for long term planning, including the areas of new equipment, maintenance, human resources, and marketing.
Checks and supervises quality of services, hygiene and safety arrangements.
Checks equipment and facilities for maintenance, replacement and upgrading.
Checks, organises and implements security procedures.
Places supply orders and authorises payments within set procedures.
9.1.4 Level "B" Manager
(a) Directly supervises the work of other employees and is supervised by more senior management;
(b) Has completed the prescribed standard of training; and
(c) Works at a level above and beyond the skills required of a Level "A" Manager.
(d) Indicative tasks of a Level "B" Manager include duties of a lower level plus:
Establishes stock control levels, checks accuracy of stocktaking, evaluates suppliers, negotiates pricing and/or terms.
Sets quality standards for facilities, service, etc.
More complex checking than for a Level "A" employee, including the economical use of old plant and equipment or the need for new plant and equipment.
Implements and checks emergency procedures.
Organises training, evaluates training materials for non-managerial employees.
Consults with union delegates, requiring an accurate knowledge of industrial awards.
Collects statistics, analyses income; reads and understands computer system and user materials.
Authorises payments or expenditure according to club procedures.
Updates security procedures.
9.1.5 Level "C" Manager
(a) Directly supervises the work of other employees which may include other Managers and is supervised by more senior management;
(b) Has completed the prescribed standard of training; and
(c) Works at a level above and beyond the skills required of a Level "B" Manager.
(d) Indicative tasks of a Level "C" Manager include duties of a lower level plus:
Duty or House manager with established portfolio responsibilities.
Supervision of other managerial employees, including discipline, analysis of training needs, allocation of duties, performance appraisal.
Determine suitability of training courses and/or methods.
Negotiate about industrial issues with union delegates and other employees.
Designs information collection systems; consults with computer suppliers/advisers.
Plans emergency procedures.
Interprets and applies specific Board policy in the running of the Club
Assesses tenders and quotations; inspects works done on property; liaises with outside businesses.
Provide ideas for longer term financial planning.
Analyses income and expenditure for a number of the club's operations; calculates costs and/or value of stock and sales.
Investigates financial irregularities
9.1.6 Level "D" Manager
(a) Is in charge of a Club where the Manager is the sole paid member of management.
(b) Where supervised by another Manager, duties are clearly within the scope of this level
(c) Has completed the prescribed standard of training; and
(d) Works at a level above and beyond the skills of a Level "C" Manager.
(e) Indicative tasks of a Level "D" Manager include duties of a lower level plus:
Ensures legal requirements are met, prepares statutory returns, required to interpret relevant Acts and Statutes.
Organises safety procedures, keeps abreast of developments in safety and is responsible for maintenance of safety equipment.
Implements marketing programs and activities.
Determines long-term planning priorities, including how and which information is to be collected; contributes ideas for long-term forward planning of property.
Supervises financial reports and calculation of finances, establishes stocktaking procedures, is involved in the identification of financial risks and evaluation of financial options; may supervise preparation of wages; calculates costs of services.
Evaluates computer hardware.
Prepares agendas and proposals for consideration by the Board.
Establishes procedures that apply to the whole club.
9.1.7 Level "E" Manager
(a) Is a Manager responsible for the general management of a Club and is supported by another Manager/Managers; or
(b) The Manager’s duties are clearly within the scope of this level;
(c) Has completed the prescribed standard of training; and
(d) Works at a level above and beyond the skills of a Level "D" Manager.
(e) Indicative tasks of a Level "E" Manager include duties of a lower level plus:
Consults/Negotiates with employer and employee organisations about industrial problems, laws, regulations including formulation and implementation of practises and procedures relating to club employees.
Negotiates legal requirements.
Prepares policy recommendations for the Board and assists the Board to decide policy; makes recommendations to the Board on Management staffing matters.
Prepares financial reports; co-ordinates annual reports.
Establishes financial procedures including authorisation for routine or regular payments.
Negotiates sales contracts/agreements.
Prepares marketing /promotional materials.
Evaluates and assesses Club requirements for computer (and related) hardware and software, and makes recommendations for the purchase, implementation and installation of such systems.
Represents the club at speaking engagements, including annual meetings/club meetings .
9.1.8 Level "F" Manager
(a) Is a Manager responsible for the general management of a Club and is supported by other Managers; and whose duties are clearly within the scope of this level;
(b) Has completed the prescribed standard of training; and
(c) Works at a level above and beyond the skills of a Level "E" Manager.
(d) Indicative tasks of a Level "F" Manager include duties of a lower level plus:
Define industrial relations policy, negotiate about problems with union officials and implement procedures for resolution.
Design staff appraisal systems.
Liaise with media, government, chair meetings of outside groups (e.g. community groups).
Manage property maintenance and development contracts; negotiate with potential property developers.
9.1.9 Level "G" Manager
(a) Is a Manager responsible for the general management of a Club and is supported by other Managers; and whose duties are clearly within the scope of this level;
(b) Has completed the prescribed standard of training; and
(c) Works at a level above and beyond the skills of a Level "F" Manager.
(d) Indicative tasks of a Level "G" Manager include duties of a lower level plus:
The characteristics of the clubs in which Managers at this level work require them to engage in more complex planning and design, and to have increased levels of accountability and responsibility.
9.1.10 Prescribed level of training
For the purpose of this Clause, prescribed level of training means:
(a) Satisfactory completion of a training course in accordance with the guidelines listed in appendix A issued through Tourism Training Australia for that particular classification and accredited by the Australian Hospitality Review Panel; managers covered by this award may hold other professional qualifications, or
(b) That the employee's skills have been assessed to be at least the equivalent of those attained through the suitable course described in 9.1.10(a). Such assessment may be undertaken under the ACCESS system, or under other Recognition of Prior Learning (RPL) systems approved by Tourism Training Australia.
(c) If at the time of making this award, a manager is already competent in an area of management they will be able to have their skills and experience assessed against the same national competence standards used as the basis for the training modules. Managers will then achieve the module, just as if they had undertaken training, to enable them to receive national qualifications and satisfy the training requirements of this award.
9.2 Minimum rates
9.2.1 The rates of pay as set out in Table 1 - Rates of Pay - of Part B, Monetary Rates, shall be the minimum annual amount payable to employees within the named classification levels: Rates contained in Table 1.1 shall be payable from the first full pay period on or after 4th of January 2002 and the Rates contained in Table 1.2 shall be payable from the first full pay period on or after 4 January 2003.
9.2.2 The rates of pay as set out in Table 1.2 shall be reviewed during the month of January 2003. The review shall consider the Australian Bureau of Statistics, Consumer Price Index December Quarter’s Annualised Inflation Rate and the latest Wage Cost Index, in conjunction with other industry specific data available at this time.
9.3 Arbitrated safety net adjustment
9.3.1 The rates of pay in this award include the arbitrated safety net adjustment payable under the Wage State Case June 1999 and May 2001 - Safety Net Review - Wages decisions. This arbitrated safety net adjustment may be off set against any equivalent amount in rates of pay received by employees whose wages and conditions of employment are regulated by this award which are above the wage rates prescribed in the award. Such above award payments include wages payable pursuant to Management agreements, currently operating enterprise flexibility agreements, award variations to give effect to enterprise agreements and over award arrangements.
9.3.2 Provided that:
If, in the second year, such a classification would have received a greater increase by
(a) the application of the award safety net or other state wage case principles; or
(b) the application of the Consumer Price Index.
Such higher increase shall be considered in accordance with clause 42, Further Negotiations.
9.3.3 Overaward Payment
"Overaward Payment" is defined as the amount (whether it be termed "Overaward payment," "attendance bonus", "service increment", or any term whatsoever) which an employee would receive in excess of the award rate of pay for the classification in which such employee is engaged. Provided that such payment shall exclude overtime, shift allowances, penalty rates, disability allowances and any other ancillary payments of a like nature prescribed by this award.
9.4 Weekly wage equivalent
For the purpose of calculating the weekly equivalent of the annual salary rates prescribed by this clause, the divisor of 52 shall be used and the resultant amount shall be taken to the nearest ten cents. All calculations required to be made under this award for the purpose of determining hourly amounts payable to an employee shall be calculated on the weekly equivalent of the annual salary.
9.5 Salaries Exemption and Management Agreements
9.5.1 The provisions of clauses, 18, Higher Duties Allowance, 19 - Hours of Work, 22, Overtime, and 23 Recall to Duty shall not apply to employees who are in receipt of a salary of 30% in excess of the minimum annual salary rates for the appropriate classification prescribed by clause 9.2 - Classifications and wage rates of this award.
9.5.2 The Provisions of clause 17 - Motor Vehicle Allowance, clause 19, Hours of Work, clause 20, Meal Breaks and Allowance, clause 21, Rostered Days Off, clause 22, Overtime, clause 23, Recall to Duty, clause 24, Public Holidays, clause 27, Sick Leave (sick leave shall be in accordance with the State Minimum as outlined in the New South Wales Industrial Relations Act 1996 Section 26(1)(a) and 26(1)(b)} and clause 35, Uniforms, shall not apply to employees who are in receipt of a salary 50% in excess of the minimum annual salary rate for the appropriate classification prescribed by clause 9, Classifications and Wage Rates of this award.
9.5.3 Nothing in this award is intended to preclude a Manager and a Club from agreeing to conditions of employment (‘Management Agreements’) which are more beneficial to those provided in this award.
9.5.4 Where circumstances arise that require a manager and a club to agree to rates of pay and/or conditions that are less than those provided by this award, the club and the manager or their representatives must apply to the Industrial Relations Commission of NSW for an exemption from the whole or part of this award in accordance with the provisions of section 18 of the NSW Industrial Relations Act 1996.
Notation: Assistance with developing Management Agreements is available from Clubs NSW, and the Club Managers Association.
10. Management Trainees
10.1 The engagement of management trainees shall be mutually agreed upon in writing by the employing Club and the Club Managers Association.
10.2 When a club, which employs a management trainee in accordance with this clause, the club shall release the trainee for the equivalent of one day of each week of term for the purpose of achieving the required modules duly accredited under the National Qualification Framework. This training may be completed on a weekly or block release basis. Each such day shall be paid as for 8 ordinary hours worked.
10.3 The minimum rates payable for Management Trainees shall be the following percentages of the Level B Manager's rate.
|Percentage of Level B Rate |
|% |
|First year |90 |
|Second year |95 |
|Third year |97.5 |
|Fourth year |100 |
10.4 Provided that when a management trainee is undertaking the required training as set by the CMDA and Clubs NSW, progression to the next year of service salary scale shall be dependent upon the trainee having acquired training levels for the preceding year.
11. Part-Time Employees
11.1 Part-time employees may be engaged to work not less than 3 ordinary hours per week nor more than 37 hours per week, subject to the following provisions.
(a) The minimum number of hours worked on any one day shall be 3.
(b) Such hours must be worked within a span of eleven hours.
(c) Part-time employees shall be paid an hourly rate relative to the employee's classification number specified in clause 9, Classification and Wage Rates, of this Award.
(d) Any part-time employee required to work on a public holiday shall be paid for all hours worked at the rate of double time and one-half the ordinary hourly time payable to a weekly employee, with a minimum payment as for four hours worked.
11.2 Employees shall be advised of the rostered working hours and rostered time off as soon as practicable, and in any event, by not less than seven days notice without the employee’s consent, except in an emergency.
11.3 Notwithstanding the provisions of subclause 11.1 of this clause and clause 9, the employer and the Club Managers Association may by mutual consent agree in writing to observe other conditions in order to meet special cases.
12. Anti-Discrimination and Harassment
12.1 It is the intention of the parties bound by this award to seek to achieve the object in section 3(f) of the Industrial Relations Act 1996 to prevent and eliminate discrimination in the workplace. This includes discrimination on the grounds of race, sex, marital status, disability, homosexuality, transgender identity, age and responsibilities as a carer.
12.2 It follows that in fulfilling their obligations under the dispute resolution procedure prescribed in 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.
12.3 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
12.4 Nothing in this clause is to be taken to affect:
12.4.1 any conduct or act which is specifically exempted from anti-discrimination legislation;
12.4.2 offering or providing junior rates of pay to persons under 21 years of age;
12.4.3 any act or practice or a body established to propagate religion which is exempted under section 56 (d) of the Anti-Discrimination Act 1977;
12.4.4 a party to this award from pursuing matters of unlawful discrimination in any State or federal jurisdiction.
12.5 This clause does not create legal rights or obligations in addition to those imposed upon the parties by the legislation referred to in this clause.
Notes:
(a) Employers and employees may also be subject to Commonwealth anti-discrimination legislation.
(b) Section 56 (d) of the Anti-Discrimination Act 1977 provides:
"Nothing in the 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".
13. Payment of Salaries
13.1 Salaries shall be paid weekly, fortnightly or monthly during working hours, Monday to Friday. Payments that are to be made at intervals greater than fortnightly shall be by mutual agreement between the Club and the individual Manager.
13.2 By agreement between the employer and the employee, salaries may be paid by one of the following means:
13.2.1 cash;
13.2.2 cheque; or
13.2.3 payment into an employee's bank, building society, or credit union accounts. Provided that all charges associated with the fund’s transfer are met by the employer and the employee’s account is credited on the normal payday.
13.3 Upon termination of employment, eligible termination entitlements due to an employee must be paid on the date of such termination or forwarded to the employee by post within two working days.
14. Times and Salaries Record
In accordance with Section 123 of the Industrial Relations Act 1996, time sheets and pay sheets must contain the following particulars:
14.1 the full name of the employer and A.B.N. number;
14.2 the full names of the employees;
14.4 the occupation and classification of all employees under this award;
14.5 the date on which payment was made,
14.6 the period of employment to which the payment relates,
14.7 the gross amount of remuneration (including overtime and other payments),
14.8 the number of hours worked by each employee during the week;
14.9 the deductions made for tax, employee superannuation contributions;
14.10 the particulars of all other authorised deductions;
14.11 the net amount paid.
15. Right of Entry of Association Officials
See Section 384 & 385 of the Industrial Relations Act 1996.
16. Expenses
16.1 An employee shall be reimbursed for all moneys reasonably expended by him/her for and on behalf of the employer subject to Board policy or approval.
16.2 The Board of Directors or a duly appointed representative of the Board may pre determine the parameters for the usage of credit cards issued to the employee and advise the Club card holder of those parameters accordingly.
17. Motor Vehicle Allowance
17.1 Where an employee is required by the employer to use the employee's own motor vehicle for the performance of the employee's duties, and unless a higher rate is otherwise agreed to, the employee must be reimbursed for such use of their motor vehicle at the rate of 57 cents per kilometre. Subject to a maximum payment of $252.00 in any one week, in which case the claim must be approved by the Board or a duly appointed representative of the Board. The relevant amounts payable are contained in Item 1 of Table 2 - other Rates and Allowances, of Part B Monetary Rates.
17.2 Vehicle allowance payments must be made weekly or at the end of such period as the employee and the employer agree on presentation of a written claim containing such particulars as the employer may reasonably require.
18. Higher Duties Allowance
18.1 An employee who is required to perform substantially all the duties of a higher position for one week or more shall be paid not less than the minimum rate prescribed for such higher position for all time so engaged.
18.2 An employee shall perform all reasonable and lawful directions of the Management of the Club as properly authorised by the Board of the Club or by a duly authorised representative of the Board
19. Hours of Work
19.1 The ordinary hours of duty of each employee shall be:
19.1.1 160 hours per four week period;
19.1.2 worked within a span of twelve hours per day.
19.1.3 rosters shall permit the employee to have at least 8 hours off duty between the finishing of one shift and the commencement of the next.
19.2 Employees shall be advised of their rostered working hours and rostered time off as soon as practicable, and in any event by not less than seven days notice without the employee's consent, except in an emergency.
19.3 An employer and an employee may agree in writing to modify the provisions of 19.1.2.
20. Meal Breaks and Allowance
20.1 Where a club provides meals for members, any Manager employed by the club shall, whilst on duty, be entitled to a meal free of cost whenever the club is providing such meals.
20.2 An employee shall be entitled, where practicable, to a meal break within 5 hours of commencing duty of between 30 and 60 minutes and each 5 hours thereafter.
20.3 Where an employee due to operational requirements is unable to partake in a meal free of cost the employee shall be paid an allowance of an amount as set out in Item 2 of Table 2 - other Rates and Allowances, of Part B, Monetary Rates.
20.4 Notwithstanding the provisions of subclauses 20.1 and 20.3 hereof, an employer and an employee may agree in writing that an allowance of the amount set out in the said Item 2 shall be paid in lieu of the provision of a meal free of cost to the employee.
20.5 Where a Club does not provide a meal for members, the employee shall be entitled to an allowance of the amount set out in the said Item 2.
21. Rostered Days Off
21.1 Each employee shall be free from duty for at least nine days in each four weekly period provided that in each such period that on at least two occasions such days shall be consecutive.
21.2 Where the employer and an employee mutually agree in writing to substitute an alternative method of taking time off, then that method shall apply.
21.3 In clubs where only a club Manager is employed the Board of Directors and the club Manager may, by mutual consent in writing, agree to the Club Manager taking eight full days and two half days off in each four week period.
21.4 The club's Board of Directors or a duly authorised representative of the Board shall have the right to direct when a rostered day off shall not be worked and, in the case of an emergency, the right to direct when a rostered day off shall be worked.
21.5 An employee who works on his/her rostered day(s) off as directed shall be paid at overtime rates for all hours so worked.
21.5.1 Details of all work performed on a rostered day off by any employee covered by this award shall be submitted in writing by the club Manager to the club's Board of Directors or to a duly authorised representative of the Board prior to or at the meeting of the Board following the day on which such work performed and payment for such work shall be made on the first pay day after that meeting.
21.5.2 Where details of work are not submitted in accordance with 21.5.1, no entitlement to payment shall arise.
21.5.3 An employee in receipt of a salary inclusive of the exemption rate prescribed in subparagraph 9.5.1 shall not be entitled to additional payment if directed to work on a rostered day off, provided that:
(a) A least 8 hours break has occurred prior to being directed to commence duties on a rostered day off.
(b) The cancelled rostered day off shall be deferred or banked in accordance with the provisions of 21.6.
21.6 The taking of rostered days off may be deferred with the prior approval of the clubs Board, with such rostered days off to be banked, by written agreement for a period not exceeding twelve months from the date such rostered days off accrued to the employee, to be taken at a time agreed upon between the employer and employee; provided that the number of rostered days off so banked shall at no time exceed twenty such days.
21.6.1 The employer and the employee may agree in writing that the money value of any rostered days off accrued and banked pursuant to 21.6 hereof, but not taken by the employee, may be paid to the employee in lieu of taking such accrued and banked rostered days off. Payment shall be made at normal time rates of pay.
21.6.2 By agreement with the employer, the employees’ accrued RDO’s may be added to their annual leave (no annual leave loading shall apply to such accruals).
21.6.3 Upon termination of the employees’ employment for any reason the money value of any rostered days off accrued and banked pursuant to 21.6. hereof, but not taken by the employee, shall be paid to the employee at normal time rates of pay. Any rostered days off accrued in excess of 20 shall be disregarded.
21.7 Make-up time
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.
22. Overtime
22.1 All time worked in excess or outside of the ordinary hours of duty or on a rostered day off shall be overtime.
22.2 In computing overtime each day's work shall stand alone and be paid for at the rate of time and one-half for the first two hours and double time thereafter.
22.3 Details of all overtime worked by any employee covered by this award shall be submitted in writing by the employee to the club's Board of Directors or to a duly authorised representative of the Board prior to or at the next meeting following the day on which such overtime is worked, and payment for such overtime shall be made on the first pay day after that meeting, provided that if details of overtime worked are not so submitted, payment for such overtime may not be made by the club and in such event no entitlement to payment shall arise.
22.4 The club's Board of Directors or a duly authorised representative of the board may require an employee to work reasonable overtime and such employee shall work overtime in accordance with such requirement.
22.5 An employee who is required to work and works so much overtime between the cessation of that employee's ordinary hours on one day or shift and the commencement of that employee's ordinary starting time on the next day or shift that the employee has not had at least ten consecutive hours off duty between those times shall be released after completion of such overtime until the employee has had ten consecutive hours off duty, without loss of pay for ordinary working time occurring during such absence.
22.6 If, as a result of special operational circumstances and upon the Board of Directors instructions, an employee resumes duty without having had ten consecutive hours off duty the employee shall be paid at double ordinary time rates until released from duty (or if the duty is resumed on a public holiday, at public holiday rates) for such period and then shall be entitled to be absent until the employee has had ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.
22.7 An employee may elect with the consent of the employer to take time off during ordinary hours in lieu of payment for overtime. The taking of such time must be agreed to by the employer and time off shall be the same as the overtime worked.
23. Recall to Duty
An employee recalled to work any overtime in one or more periods after having left the club premises shall, when such overtime is worked after the conclusion of the ordinary hours of one shift and before the commencement of the ordinary hours of the next shift (whether notified before or after having left the said premises), be paid for a minimum of one hour's work, provided such overtime is not required to be paid because of the failure of the employee to perform a duty, or function, during his ordinary working hours. The employee shall not be paid for the time spent travelling to and from the club on a recall.
24. Public Holidays
24.1 The day or days upon which the following holidays fall or days on which such holidays are observed shall be holidays for the purpose of this award: New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Queen's Birthday, Eight Hour Day, Christmas Day and Boxing Day and any other day or days proclaimed or gazetted as public holidays for the State.
24.2 An employee who is required to work on a public holiday and who so works shall be paid at the rate of double time and one-half with a minimum payment at such rate for 4 hours worked. Where an exemption rate is paid, that rate shall be used for the calculation of penalty rates for such public holidays.
24.3 Details of all work performed by an employee on a public holiday shall, other than normal rostered duties, be submitted in writing by the employee to the club's Board of Directors or to a duly authorised representative of the Board prior to or at the next meeting following the day on which such public holiday is worked, and payment for such work shall be made on the first pay day after that meeting, provided that if details of work performed on a public holiday are not so submitted, payment for such work may not be made by the club and in such event no entitlement to payment shall arise.
24.4 Where a public holiday falls on an employee's rostered day off and the employee is not required to attend for duty, the employee shall be entitled, for each such occasion, to either:
24.4.1 an additional day's salary; or
24.4.2 be granted another day off in lieu; or
24.4.3 have an additional day without annual leave loading added to the employee's annual leave.
24.5 The provisions referred to in subclause 24 4 shall not apply to employees whose regular roster excludes rostered duties on Saturday or a Sunday. Where a public holiday as prescribed by subclause 24.1 falls on a Saturday no additional payment as prescribed by that clause shall apply.
25. Annual Leave
25.1 Annual leave entitlement:
Five weeks paid annual leave shall be allowed to an employee after each completed year of service and an employee whose services are terminated or who leaves their employment during a twelve monthly period shall be entitled to pro rata annual leave for the period of employment served.
25.2 Annual Leave exclusive of Public Holidays:
The annual leave prescribed by this clause shall be exclusive of any of the holidays prescribed by clause 24, Public Holidays, and, if any such holiday falls within an employee's period of annual leave and is observed on a day which in the case of that employee would have been an ordinary working day, there shall be added to the period of annual leave time equivalent to the ordinary time which the employee would have worked if such day had not been a holiday.
25.3 The taking of annual leave:
25.3.1 Annual leave shall be taken in consecutive weeks except that by agreement between the employee and employer the leave may be split into separate periods provided that no period shall be less than one week, subject to the provisions of subparagraph 28.3.1 Personal/Carer's provisions.
25.3.2 No employee shall be required to go on annual leave unless at least one month’s prior notice has been given, except where a shorter period of notice is mutually agreed between the employer and employee concerned.
25.3.3 Each employee shall be asked to state when they require annual leave and the employer shall, as far as practicable, arrange to suit annual leave for the convenience of employees.
25.3.4 Before proceeding on annual leave, the employee shall be paid any salary then due or which may accrue during the period of leave.
25.4 Annual leave loading:
25.4.1 Before an employee is given and takes annual leave or, where by agreement between the employer and the employee the annual leave 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.
25.4.2 The loading is payable in addition to the employee's salary for the period of annual leave given and taken.
25.4.3 Prior to commencing a period of annual leave, the employee shall receive a loading of 17.5 per cent calculated at the appropriate ordinary time rate of salary, prescribed in subparagraph 9.2.1, for the classification in which the employee was employed immediately before commencing annual leave or where applicable the salary rate payable as prescribed in subclause 9.5. - Salaries exemption and Management Agreements, shall be deemed to be the gross salary for the purpose of this clause.
25.5 Proportionate leave on termination:
25.5.1 When the employment of an employee is terminated by the employer for a cause other than for serious and wilful misconduct and at the time of the termination the employee has not been given and has not taken the whole of annual leave to which the employee became entitled, the employee shall be paid a loading calculated in accordance with 25.4.3 for the accrued entitlement not taken at time of the last anniversary date of employment.
25.5.2 Where an employee resigns and has not taken the whole of an annual holiday to which the employee has become entitled on or after that date, he or she shall be paid a loading calculated in accordance with 25.4.3 for the accrued entitlement not taken at time of the last anniversary date of employment.
26. Long Service Leave
See Long Service Leave Act 1955.
27. Sick Leave
27.1 After four weeks of continuous employment with the same club, an employee absent from duty on account of personal illness, or accident, shall be paid for the period of such absence for up to 80 hours per annum, at the rate of his full salary, provided that an employee shall not be entitled to paid leave of absence for any period in respect of which the employee is entitled to workers' compensation.
27.2 The rights under this clause shall accumulate from year to year until used.
27.3 To be entitled to sick leave under this clause an employee may be required to prove to the satisfaction of the employer that he or she was unable, on account of such illness or accident to attend for duty on the day or days for which such leave is claimed.
27.4 For the purpose of this clause continuous service shall be deemed not to have been broken by any absence from work on leave granted by the employer; or any absence from work by reason of personal illness, injury or other reasonable cause (proof whereof shall in each case be upon the employee); provided that any time so lost shall not be taken into account in computing the qualifying period of four weeks.
27.5 For the purpose of subclause 27 1 of this clause, service before the date of the coming into force of this award shall be counted as service.
28. Personal/Carer’s Leave
28.1 Use of Sick Leave:
28.1.1 An employee, other than a casual employee, with responsibilities in relation to a class of person set out in 28.1.3(ii) 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 27, - 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.
28.1.2 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.
28.1.3 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:
(iii)
(a) a spouse of the employee; or
(b) a de facto spouse, who, in relation to a person, is a person of the opposite sex to the first mentioned person who lives with the first mentioned person as the husband or wife of that person on a bona fide domestic basis although not legally married to that person; or
(c) a child or an adult child (including an adopted child, a step child, a foster child or an ex nuptial child), parent (including a foster parent and legal guardian), grandparent, grandchild or sibling of the employee or spouse or de facto spouse of the employee; or
(d) a same sex partner who lives with the employee as the de facto partner of that employee on a bona fide domestic basis; or
(e) a relative of the employee who is a member or the same household, where for the purposes of this sub clause:
(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.
28.1.4 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 that person’s relationship to the employee, the reasons for taking such leave and the estimated length of absence. If it is not practicable for the employee to give prior notice of absence, the employee shall notify the employer by telephone of such absence at the first opportunity on the day of absence.
28.2 Unpaid Leave for Family Purpose:
28.2.1 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 28.1.3(ii) who is ill.
28.3 Annual Leave:
28.3.1 Subject to the Annual Holidays Act 1944 an employee may elect with the consent of the employer 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.
28.3.2 Access to annual leave, as prescribed in 28.3.1 of this subclause, shall be exclusive of any shutdown period provided for elsewhere under this award.
28.3.3 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.
28.4 Time Off in Lieu of Payment for Overtime:
28.4.1 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.
28.4.2 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.
28.4.3 If, having elected to take time as leave in accordance with 28.4.1, 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.
28.4.4 where no election is made in accordance with the said 28.4.1 employee shall be paid overtime rates in accordance with the award.
28.5 Make-up Time:
28.5.1 An employee 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, during the spread of ordinary hours provided in the award, at the ordinary rate of pay.
28.5.2 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.
29. Bereavement Leave
29.1 Leave granted under this clause shall be without deduction of pay to a maximum period not exceeding the number of hours worked by the employee in three ordinary days. An employee other than a casual employee shall be entitled to bereavement leave without deduction of pay on each occasion of the death of a person prescribed in 29.3 below.
29.2 An employee shall be entitled to bereavement leave upon production of satisfactory proof of such death, to leave up to and including the day of the funeral of such relation as prescribed in 29.3 below.
29.3 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 in 28.1.3, provided that for the purpose of bereavement leave, the employee need not have been responsible for the care of the person concerned.
29.4 This clause shall have no operation during any time when the period of leave referred to herein coincides with any other period of leave of the employee or their rostered day off.
29.5 Bereavement leave may be taken in conjunction with other leave available under 28.2, 28.3, 28.4, 28.5 and 21, Rostered Days Off, of this award. In determining such a request the employer will give consideration to the circumstances of the employee and the reasonable operational requirements of the business.
30. Professional Development Leave
30.1 In order to facilitate progression through the classification structure in clause 9, Classification and Wage Rates, an employee is entitled to five days paid Professional Development Leave in each calendar year, subject to the provisions of this clause.
30.2 Professional Development Leave is only available for the purpose of undertaking continuing education and industry activity programs conducted by or approved for accreditation by Club Management Development Australia (CMDA), Club Managers Association Australia and the Registered Clubs Association of New South Wales (RCA).
30.3 The entitlement to paid Professional Development Leave is dependent on:
30.3.1 the employee providing the club with at least 28 days notice or a lesser period as mutually agreed, of the dates on which the employee seeks to take Professional Development Leave;
30.3.2 the granting of leave not unduly affecting the operation of the club;
30.3.3 the employee agreeing to provide, if requested by the club, a report outlining the potential benefits of the training undertaken to the operation of the club; and
30.4 The club may reimburse an employee for any costs associated with undertaking continuing education programs and industry activities conducted or approved by CMDA, CMAA or RCA.
31. Reserve Forces Leave
31.1 An employee who is a member of the Reserve Forces of Australia, with the approval of the Board, shall be released from duty for two weeks per year for the purpose of undertaking courses of training required by the Reserve Forces.
31.2 To become entitled to be released from duty pursuant to 31.1 the employee shall within seven days of receiving notification from the Reserve Forces, unless prevented by accident, illness or other reasonable cause, inform the employer of the dates between which the employee seeks to be released from duty, and failure to comply with this clause shall relieve the employer of the obligations under 31.1.
31.3 The parties to this award acknowledge and adhere to the provisions of the Defence Reserve Service (Protection) Act 2001 or any such agreement that rescinds or replaces it.
32. Emergency Service Leave - (SES/RFS)
Where the employee is a member of the State Emergency Service or Rural Bushfire Service and is required to attend at a proclaimed emergency, the employer shall provide the employee with ten days leave per year.
The employer shall reimburse the employee the difference between any amount paid in respect to his/her attendance at such emergency and the amount of salary he/she would have received in respect of the ordinary time had he/she not been on such service.
33. Jury Service
33.1 An employee on weekly hiring required to attend for jury service during ordinary working hours shall be reimbursed by the employer an amount equal to the difference between the amount paid in respect of attendance for such jury service and the amount of salary or wage the employee would have received in respect of the ordinary time that would have been worked had the employee not been on jury service.
33.2 An employee shall notify the employer as soon as possible of the date upon which the employee is required to attend for jury service.
33.3 Further the employee shall give the employer proof of attendance, the duration of such attendance and the amount received in respect of such jury service.
34. Accommodation
34.1 Where a club provides accommodation for an employee, an employee and spouse, or an employee, spouse and dependent children, the club shall be entitled to deduct an amount agreed in writing between the club and the employee. The amount agreed on is to be increased annually in accordance with the Consumer Price Index.
34.2 This clause is made on the understanding that the deduction existing for employees at the date on which the Award takes effect shall not be increased merely as a consequence of the coming into operation of this clause.
35. Uniforms
35.1 Where the employer requires a manager to wear a uniform whilst on duty, the employer must reimburse the manager for the cost of purchasing the uniform. The provisions of this sub-clause do not apply where the uniform is paid for by the employer.
35.2 Where a uniform is required to be worn by a manager, the employer must pay to the employee an allowance of an amount as set out in Item 3 of Table 2, Other Rates and allowances, of Part B Monetary Rates, to cover the costs of laundering the uniform. The provisions of this clause do not apply where the employer arranges for the uniform to be laundered without cost to the manager.
35.3 An employer may require an employee on commencing employment to sign a receipt for item/s of uniform and property. This receipt must list the item/s of uniform and property and the value of them. If, when an employee ceases employment, the employee does not return the item/s of uniform and property in accordance with the receipt, the employer will be entitled to deduct the value as stated on the receipt from the employee’s wages.
35.4 In the case of genuine wear and tear, damage, loss or theft that is not the employee’s fault the provisions of subclause 35.3 will not apply.
35.5 Any disagreement concerning the value of item/s of uniform and property and any other aspect of this clause may be determined by the Grievance and Dispute procedure.
36. Workers' Compensation Insurance
Where applicable, the exemption salary rate shall be the rate insured for and the employee, while absent from duty on workers compensation, shall be paid his actual salary including any exemption salary rate (subject to the provisions of the Workplace Injury Management and Workers Compensation Act 1998).
37. Superannuation
37.1 Definitions
In this clause:
37.1.1 Industry Fund shall mean CLUB-PLUS, being the Superannuation Scheme registered under federal laws.
37.1.2 Eligible employee means:
(a) a weekly employee (including a part-time employee) employed in the club industry, subject to the completion of four weeks employment;
(b) is otherwise a member of Club Plus.
37.1.3 Employed in the club industry means employed to work in a club where such employment is governed by the terms of this Award.
37.1.4 Ordinary time earnings means:
(a) in the case of a full-time weekly employee the appropriate rate for the ordinary hours of the week, as prescribed by clause 9 - Classifications and Wage Rates - hereof, together with, if applicable, clause 9.5 - Salaries Exemptions - and Management Agreements;
(b) in the case of a part-time employee the number of ordinary hours worked in each week multiplied by 1/40th of the weekly rate for the classification;
37.1.5 Trustee shall mean Club Plus Pty Limited or such trustee of the Club Plus as may be appointed from time to time.
37.1.6 Union means the Club Managers’ Association, Australia.
37.2 Enrolment:
The following conditions are subject to where the employer is already making contributions in excess of those required under federal legislation as provided for in 37.3 below and where the occupational superannuation scheme complies with the Superannuation Industry Supervision Act.
37.2.1 Each employer shall comply with the following:
(a) distribute application for membership forms and relevant information of Industry Fund to each of the eligible employees;
(b) as soon as practicable on the completion of the application for membership form by an eligible employee, the employer shall (if they have not already done so) enter into a Deed of Adherence with the trustee acknowledging themselves to be bound by Club Plus trust deed; and
(c) where the employee is not a member of Club Plus the employer shall attach to the completed application for membership form a letter signed by at least two members of the Executive of the club's Board of Directors instructing the trustee to:
(i) enrol in Club Plus the named employee; and
(ii) accept contributions from the date specified in the letter.
(d) Where the employee is a member of Club Plus, the employer shall forward a letter to the administrator signed by at least two members of the Executive off the club's Board of Directors instructing the trustee to accept contributions from the date specified in the letter.
(e) On commencement of employment, an employee who is already a member of Club Plus, shall provide the employer with his or her fund membership number.
37.3 Contributions
37.3.1 The quantum of superannuation contributions shall be in accordance with the relevant legislation, that being the Superannuation Guarantee Charge Legislation.
37.3.2 Each employer shall pay to the trustee an amount equal to the appropriate proportion of the employee's ordinary time earnings in accordance with subclause 37.3.1.
37.3.3 An employee may elect to make a voluntary contribution to a Superannuation Fund upon completion of a voluntary contribution deduction authority or a direct contribution remittance form.
37.4 Remitting payments
37.4.1 Each employer shall remit to the trustee of the fund all payments due in respect of their employees immediately at the conclusion of each calendar month or at such other times and in such other manner as may be agreed in writing between the trustee and the employer.
37.4.2 Each employer shall remit to the trustee of the fund all payments as authorised by the employee in accordance with the completed voluntary contribution deduction authority or as such other times and in such other manner as may be agreed in writing between the trustee and the employee.
37.5 Exemptions
37.5.1 Where an employer is incapable of complying with this clause on the grounds of extreme incapacity to pay as set out in the wage fixation principles adopted by the Industrial Commission of New South Wales, they may apply to the Commission for exemption from this clause whilst ever the incapacity exists, provided that -
(a) the employer shall comply with this clause until the matter is determined by the Commission;
(b) such compliance shall be without prejudice to the outcome of the application.
37.5.2 Notwithstanding the provisions of this subclause, the employer and the Club Managers Association may, by mutual consent, agree in writing to observe other conditions in order to meet special cases.
38. Termination of Employment
38.1 Notice of termination by employer
38.1.1 The employment of a full-time or part-time employee shall not be terminated (except for the provision of 38.1.5) without giving to the employee the period of notice specified in the table below:
|Period of Continuous Service |Period of Notice |
|Under six months service |1 week |
|Over six months service |4 weeks |
38.1.2 In addition to this notice, employees over 45 years of age at the time of the giving of the notice with not less than two years continuous service, are entitled to an additional week’s notice.
38.1.3 Payment in lieu of the notice will be made if the appropriate notice period is not required to be worked. Employment may be terminated by the employee working part of the required period of notice and by the employer making payment for the remainder of the period of notice.
38.1.4 In calculating any payment in lieu of notice, the wages an employee would have received in respect of the ordinary time they would have worked during the period of notice had their employment not been terminated will be used.
38.1.5 The period of notice in this clause, shall not apply in the case of dismissal for conduct that justifies instant dismissal including serious misconduct or failure to carry out a lawful and reasonable instruction of the Board of Directors or the duly appointed representative of the Board.
38.1.6 Notwithstanding the foregoing provisions trainees who are engaged for a specific period of time shall once the traineeship is completed and provided that the trainees’ services are retained have all service including the training period counted in determining entitlements. In the event that a trainee is terminated at the end of his or her traineeship and is re-engaged by the same employer within six months of such termination the period of traineeship shall be counted as service in determining any future termination.
38.2 Notice of termination by an employee
38.2.1 The notice of termination required to be given by an employee is the same as that required of an employer, save and except that there is no requirement on the employee to give additional notice based on the age of the employee concerned.
38.2.2 If an employee fails to give notice the employer has the right to withhold monies due to the employee to a maximum amount equal to ordinary time rate of pay for the period of notice.
38.3 Time off during notice period
Where an employer has given notice of termination to an employee, an employee shall be allowed up to two day’s time off without loss of pay for the purpose of seeking other employment. The time off shall be taken at times that are convenient to the employee after consultation with the employer.
38.4 Procedural Fairness
38.4.1 An employer shall not terminate the services of any employee for reasons of conduct or performance unless:
(a) The employee has been provided prior to the termination with full particulars verbally or in writing, of all allegations against the employee;
(b) The employee has been given the opportunity to defend himself or herself against all allegations relied upon by the employer.
38.4.2 An employee whom at the direction of the employer is instructed not to attend for duty whilst the procedures of 38.4.1 are being implemented or further enquires are being made shall, during such absence, be paid the equivalent to the weekly salary or part thereof.
38.4.3 Should the employer elect to suspend the employee from duties the process must be completed in a timely fashion. In the event the employee is suspended for a period in excess of 10 working days, the employee shall inform the Association and the employer shall inform the Clubs NSW.
39. Grievance and Disputes Procedure
39.1 Procedures relating to grievances of individual employees:
39.1.1 The employee is required to notify (in writing or otherwise) the employer as to the substance of the grievance, request a meeting with the employer for bilateral discussions and state the remedy sought.
39.1.2 A grievance must initially be dealt with as close to its source as possible, with graduated steps for further discussion and resolution at higher levels of authority.
39.1.3 Reasonable time limits must be allowed for discussion at each level of authority.
At the conclusion of the discussions, the employer must provide a response to the employee's grievance including reasons.
39.1.4 While a procedure is being followed, normal work must continue.
39.1.5 The employee may be represented by the CMA.
39.2 Procedures relating to disputes etc. between employers and their employees
39.2.1 A question, dispute or difficulty must initially be dealt with as close to its source as possible, with graduated steps for further discussion and resolution at higher levels of authority.
39.2.2 Reasonable time limits must be allowed for discussion at each level of authority.
39.2.3 While a procedure is being followed, normal work must continue.
39.2.4 The employer may be represented by the RCA and the employee may be represented by the CMA for the purpose of each procedure.
40. Redundancy
40.1 Application
40.1.1 This clause shall apply in respect to full-time and part-time persons employed in the classifications specified by clause 9, Classifications and Wage Rates.
40.1.2 The provisions of this clause shall only apply in respect to employers who employ 15 or more employees immediately prior to the termination of employment of employees, in the terms of subclause 40.5 of this award.
40.1.3 Notwithstanding anything contained elsewhere in this clause, these provisions shall not apply to employees with less than one year’s continuous service and the general obligation on employers shall be no more than to give such employees an indication of the impending redundancy at the first reasonable opportunity, and to take such steps as may be reasonable to facilitate the obtaining by the employees of suitable alternative employment.
40.1.4 Notwithstanding anything contained elsewhere in this clause, these provisions shall not apply where employment is terminated as a consequence of conduct that justifies instant dismissal, including malingering, inefficiency or neglect of duty, or in the case of employees engaged for a specific period of time or for a specified task or tasks, or where employment is terminated due to the ordinary and customary turnover of labour.
40.2 Introduction of Change - Employer’s Duty to Notify
40.2.1 Where an employer has made a definite decision to introduce major changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, the employer shall notify the employees who may be affected by the proposed changes and the union to which they belong.
40.2.2 "Significant effects" include termination of employment, major changes in the composition, operation or size of the employers workforce of in the skills required, the elimination or diminution of job opportunities, promotion opportunities or job tenure, the alteration of hours of work, the need for retraining or transfer of employees to other work or locations and the restructuring of jobs.
40.2.3 Provided that where this award makes provision for alteration of any of the matters referred to herein, an alteration shall be deemed not to have significant effect.
40.3 Employer’s Duty to Discuss change
40.3.1 The employer shall discuss with the employees affected and the union to which they belong, inter alia, the introduction of the changes referred to in 40.2.1 above, the effects the changes are likely to have on employees and measures to avert of mitigate the adverse effects of such changes on employees, and shall give prompt consideration to matters raised by the employees and/or the union in relation to the changes.
40.3.2 The discussion shall commence as early as practicable after a definite decision has been made by the employer to make the changes referred to in 40.3.1 of this clause.
40.3.3 For the purpose of such discussion, the employer shall provide to the employees concerned and the union to which they belong all relevant information about the changes, including the nature of the changes proposed, the expected effects of the changes on employees and any other matters likely to affect employees, provided that any employer shall not be required to disclose confidential information the disclosure of which would adversely affect the employer.
40.4 Redundancy
40.4.1 Discussions before Terminations
(a) Where an employer has made a definite decision that the employer no longer wishes the job the employee has been doing done by anyone pursuant to Clause 40.2, "Introduction of Change", and that decision may lead to the termination of employment, the employer shall hold discussions which the employees directly affected and with the union to which they belong.
(b) The discussion shall take place as soon as is practicable after the employer has made a definite decision which will invoke the provision of 40.4.1(a) of this subclause and shall cover, inter alia, any reason for the proposed terminations, measures to avoid or minimise the terminations and measures to mitigate any adverse effects of any termination of the employees concerned.
(c) For the purpose of the discussion the employer shall, as soon as practicable, provide to the employees concerned and the union to which they belong, all relevant information about the proposed terminations, the number and categories of employees likely to be affected, and the number of employees normally employed and the period over which the terminations are likely to be carried out, provided that any employer shall not be required to disclose confidential information the disclosure of which would adversely affect the employer.
40.5 Termination of Employment
40.5.1 Notice of Changes in Production, Program, Organisation or Structure.
This subclause sets out the notice provisions to be applied to terminations by the employer for reasons arising from ‘production", "program", "organisation" or "structure", in accordance with subparagraph 40.4.1 of this award.
(a) In order to terminate the employment of an employee, the employer shall give to the employee the following notice:
|Period of Continuous Service |Period of Notice |
|Up to an including 6 months |1 week |
|More than 6 months |4 weeks |
(b) In addition to the notice above, employees over 45 years of age at the time of the giving of the notice with not less than two years continuous service, shall be entitled to an additional week’s notice.
(c) Payment in lieu of the notice above shall be made if the appropriate notice period is not given, provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.
40.5.2 Notice for Technological Change
This subclause sets out the notice provisions to be applied to termination by the employer for reasons arising from "technology" in accordance with subparagraph 40.4.1 of this award:
(a) In order to terminate the employment of an employee, the employer shall give to the employee 3 months notice of termination.
(b) Payment in lieu of the notice above shall be made if the appropriate notice period is not given, provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.
(c) The period of notice required by this subclause to be given shall be deemed to be service with the employer for the purposes of the Long Service Act 1955, the Annual Holidays Act 1944, or any Act amending or replacing either of these Acts.
40.5.3 Time Off During the Notice Period
(a) During the period of notice of termination given by the employer, an employee shall be allowed up to one day’s time off without loss of pay during each week of notice, to a maximum of five weeks, for the purposes of seeking other employment.
(b) If the employee has been allowed paid leave for more than one day during the notice period for the purpose of seeking other employment, the employee shall, at the request of the employer, be required to produce proof of attendance at an interview, or the employee shall not receive payment for the time absent.
40.5.4 Employee Leaving During the Notice Period
If the employment of an employee is terminated (other than for misconduct) before the notice period expires, the employee shall be entitled to the same benefits and payments under this clause had the employee remained with the employer until the expiry of such notice, provided that in such circumstances the employee shall not be entitled to payment in lieu of notice.
40.5.5 Statement of Employment
The employer shall, upon receipt of a request from an employee whose employment has been terminated, provide to the employee a written statement specifying the period of the employee’s employment and the classification of or the type of work performed by the employee.
40.5.6 Notice to Commonwealth Employment Service (Jobs Network)
Where a decision has been made to terminate employees, the employer shall notify the Commonwealth employment Service (Jobs Network) thereof as soon as possible, giving relevant information including the number and categories of the employees likely to be affected and the period over which the terminations are intended to by carried out.
40.5.7 Department of Social Security (Centre Link) Employment Separation Certificate
The employer shall, upon receipt of a request from an employee whose employment has been terminated, provide to the employee an "Employment Separation Certificate" in the form required by the Department of Social Security (Centre Link).
40.5.8 Transfer to Lower Paid Duties
Where an employee is transferred to lower paid duties for reasons set out in subparagraph 40.4.1 of this award, the employee shall be entitled to the same period of notice of transfer as the employee would have been entitled to if the employee’s employment had been terminated, and the employer may, at the employer’s option, make payment in lieu thereof of an amount equal to the difference between the former ordinary time rate of pay and the new ordinary time rates for the number of weeks of notice still owing.
40.6 Severance Pay
Where an employee is to be terminated pursuant to Clause 40.5 of this award, subject to further order of the Industrial Relations Commission, the employer shall pay the following severance pay in respect of a continuous period of service:
40.6.1 If an employee is under 45 years of age, the employer shall pay in accordance with the following scale:
|Years of Service |Under 45 Years of Age Entitlement |
|Less than 1 year |Nil |
|1 year and less than 2 years |4 weeks |
|2 years and less than 3 years |7 weeks |
|3 years and less than 4 years |10 weeks |
|4 years and less than 5 years |12 weeks |
|5 years and less than 6 years |14 weeks |
|6 years and over |16 weeks |
40.6.2 Where an employee is 45 years of age or over, the entitlement shall be in accordance with the following scale:
|Years of Service |45 Years of Age Over Entitlement |
|Less than 1 year |Nil |
|1 year and less than 2 years |5 weeks |
|2 years and less than 3 years |8.75 weeks |
|3 years and less than 4 years |12.5 weeks |
|4 years and less than 5 years |15 weeks |
|5 years and less than 6 years |17.5 weeks |
|6 years and over |20 weeks |
40.6.3 "Weeks pay" means the all purpose rate for the employee concerned at the date of termination, and shall include, in addition to the ordinary rate of pay, over award payments, exemption rates and allowances paid pursuant to this Award.
40.7 Incapacity to Pay
Subject to an application by the employer and further order of the Industrial Relations Commission, an employer may pay a lesser amount (or no amount) of severance pay than that contained in subclause 40.6 above.
The Industrial Relations Commission shall have regard to such financial and other resources of the employer concerned as the Industrial Relations Commission thinks relevant, and the probable effect of paying the amount of severance pay in subclause 40.6 above will have on the employer.
40.8 Alternative Employment
Subject to an application by the employer and further order of the Industrial Relations Commission, an employer may pay a lesser amount (or no amount) of severance pay than that contained in subclause 40.6 if the employer obtains acceptable alternative employment for an employee.
40.9 Grievance and Dispute Resolution Procedures
Procedure Relating to Grievance of Individual Employees shall be dealt with in accordance with the provisions contained in clause 39 of this award.
41. Structural Efficiency
41.1 Employees shall carry out all functions within their capacity to perform, and may be required from time to time to carry out other duties of a lower classification or duties of other employees employed at the club, where this is reasonably required, such as during unexpected busy trading periods, special functions, or where existing staff resources are deemed to be inadequate.
41.2 Nothing in this clause shall allow an employer to continually or unreasonably require an employee to perform duties as indicated in subclause 41.1 or to reduce work normally available to employees engaged at either a lower level or pursuant to a distinct and separate industrial instrument. Employees Classified in accordance with Clause 9 of this award shall not be rostered to perform work of any kind of an employee engaged at either a lower level or pursuant to a distinct and separate industrial instrument
42. Further Negotiations
The parties to the award may agree to re open negotiations in order to review wages (Table 1.2 of Part B Monetary Rates), during the term of this award with a view to reaching agreement on increasing flexibility in the following areas:
Clause 7 (7.2) - Exemptions, Clause 8 - Enterprise flexibility provisions, Clause 9 - Classifications and Wage Rates, Clause 19 - Hours of Work, Clause 20 - Meal Breaks and Allowances, Clause 21 - Rostered Days Off, Clause 22 - Overtime, Clause 40 - Redundancy, and such other areas as the parties see as appropriate.
PART B
MONETARY RATES
Table 1- Rates of Pay
The following rates of salary shall be the minimum annual amount payable to employees within the named classification levels:
Table 1.1 - From the first pay period commencing on or after 4 January 2002. (4%)
|Classification Level |1/02 |+ 30% |+ 50% |
| |$ |$ |$ |
|Level A |36,549 |47,514 |54,823 |
|Level B |37,934 |49,314 |56,901 |
|Level C |39,319 |51,115 |58,978 |
|Level D |41,261 |53,639 |61,891 |
|Level E |45,419 |59,045 |68,128 |
|Level F |52,349 |68,054 |78,573 |
|Level G |60,667 |78,867 |91,000 |
Table 1.2 - From the first pay period commencing on or after 4 January 2003 (2%)
|Classification Level |1/03 |+ 30% |+ 50% |
| |$ |$ |$ |
|Level A |37,280 |48,464 |55,920 |
|Level B |38,693 |50,301 |58,039 |
|Level C |40,105 |52,136 |60,157 |
|Level D |42,086 |54,712 |63,129 |
|Level E |46,327 |60,225 |69,490 |
|Level F |53,396 |69,415 |80,094 |
|Level G |61,880 |80,444 |92,820 |
Table 2 - Other Rates and Allowances
|Item No. |Clause No. |Brief Description |Amount |
| | | |$ |
|1 |17.1 |Vehicle allowance - | |
| | |Per kilometre |0.57 |
| | |Maximum payment in one week |252.00 |
|2 |20.2, 20.3, 20.4. |Meal Allowance |9.00 per shift |
|3 |35.2 |Laundry Allowance |9.00 per week |
|4 |7.2 |Gross annual revenue of a club below which | |
| | |this award does not apply |$500,000.00 |
Appendix A
TRAINING REQUIREMENTS
This appendix shows how the Training Requirements for the classification guidelines issued through Tourism Training Australia.
It is included as an appendix for the information of employers and employees only and shall not otherwise be used in construing the meaning of the award.
The training requirements which follow are based on the seven level classification structure inserted into subclause 9.1 Club Managers (State) Award 2002.
The suggested modules referred to at each level are those detailed in the "Hospitality Training Resources Manual" prepared by Tourism Training Australia. Hospitality Industry modules of an equivalent standard may by substituted within the guidelines issued through Tourism Training Australia.
As well as undertaking a formal training course approved by the Australian Hospitality Review Panel, training requirements can be met by current skills being formally assessed and recognised under the ACCESS program or under other Recognition of Prior learning (RPL) systems approved by Tourism Training Australia.
LEVEL 'A' MANAGER
THHGGA02A - Perform Clerical Duties
THHGGA07A - Control and Order Stock
THHGLE01A - Monitor Work Operations
THHGLE02A - Implement Workplace, Health, Safety and Security Procedures
THHGLE08A - Lead and Manage people
THHGLE09A - Manage Workplace Diversity
THHGLE13A - Manage Finances within a Budget
THHGLE06A - Monitor Staff Performance
THHGFA01A - Process Financial Transactions
Satisfies requirements for National Certificate IV
LEVEL 'B' MANAGER
Competencies from Levels A plus:
THHGFA02A - Maintain Financial Records
THHGLE03A - Develop and Implement Operational Plans
THHGLE04A - Establish and Maintain a Safe and Secure Workplace
THHGLE05A - Roster Staff
THHGLE10A - Manage Workplace Relations
THHGLE14A - Prepare and Monitor Budgets
THHGLE20A - Develop and Update the Legal knowledge required for Business Compliance
THHGCT01A - Access and Retrieve Computer Data
THHGCT02A - Produce Documents on Computer
THHGGA05A - Plan and Manage Meetings
THHGGA08A - Plan and Establish Systems and Procedures
Plus at least two of the following:
THHADG01A (1) - Analyse and Report on Gaming Machine Data (GAP)
THHGLE18A - Monitor and Maintain Computer Systems
THHGH03A - Provide First Aid
Satisfies requirements for a National Diploma
LEVEL 'C' MANAGER
Competencies for Levels A and B plus:
THHGLE11A - Manage Quality Customer Service
THHGLE12A - Develop and Manage Marketing Strategies
THHGFA04A - Prepare Financial Statements
THHGLE07A - Recruit and Select Staff and either
THHADG01A (2) - Develop and Manage Gaming Activities (GMP)
LEVEL 'D' MANAGER
Competencies for Levels A, B, C plus:
THHGLE15A Manage Financial Operations
THHGLE16A Manage Physical Assets
LEVEL 'E' MANAGER
Competencies for Levels A,B,C,D plus
THHGLE19A - Develop and Implement a Business Plan
THHGLE17A - Manage and Purchase stock
Satisfies the requirements for a National Advanced Diploma
LEVEL 'F' MANAGER
Competencies for Levels A, B,C, D, and E
LEVEL 'G' MANAGER
The training requirements are as for a Level E Manager and additionally where duties are clearly within the scope of this level
Training Package Code By Level
|Code |Training Package Title |Level |
|THHGGA02A |Perform Clerical Procedures |A |
|THHGGA07A |Control and Order Stock |A |
|THHGLE01A |Monitor Work Operations |A |
|THHGLE02A |Implement Workplace Health, Safety and Security Procedures |A |
|THHGLE08A |Lead and Manage People |A |
|THHGLE09A |Manage Workplace Diversity |A |
|THHGLE13A |Manage Finances within a Budget |A |
|THHGLE06A |Monitor Staff Performance |A |
|THHGFA01A |Process Financial Transactions |A |
|THHGFA02A |Maintain Financial Records |B |
|THHGLE03A |Develop and Implement Operational Plans |B |
|THHGLE04A |Establish and Maintain a Safe and Secure Workplace |B |
|THHGLE05A |Roster Staff |B |
|THHGLE10A |Manage Workplace Relations |B |
|THHGLE14A |Prepare and Monitor Budgets |B |
|THHGLE20A |Develop and Update the Legal Knowledge required for Business |B |
| |Compliance | |
|THHGCT01A |Access & Retrieve Computer Data |B |
|THHGCT02A |Produce Documents on Computer |B |
|THHGGA05A |Plan and Manage Meetings |B |
|THHGGA08A |Plan and Establish Systems and Procedures |B |
|THHAGO1A(1) |Analyse and Report on Poker Machine Data (GAP) |B |
|THHGLE18A |Monitor and Maintain Computer Systems |B |
|THHGH03A |Provide First Aid |B |
|THHGLE11A |Manage Quality Customer Service |C |
|THHGLE12A |Develop and Manage Marketing Strategies |C |
|THHGFA04A |Prepare Financial Statements |C |
|THHGLE07A |Recruit and Select Staff |C |
|SM1 EQIV. |Specialist Food & Beverage Management |C |
|THHADG01A(2) |Develop and Manage Gaming Activities (GMP) |C |
|THHGLE15A |Manage Financial Operations |D |
|THHGLE16A |Manage Physical Assets |D |
|THHGLE19A |Develop and Implement a Business Plan |E |
|THHGLE17A |Manage and Purchase Stock |E |
Please note units THHADGO1A (1) and THHADGO1A (2) is a tailored program that collectively is known as the Gaming Management Program.
P. J. SAMS D.P.
____________________
Printed by the authority of the Industrial Registrar.
|(782) |SERIAL C1022 |
PUBLIC HEALTH SERVICE EMPLOYEES SKILLED TRADES (STATE) AWARD (INCORPORATING THE AMBULANCE SERVICE OF NSW SKILLED TRADES)
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Application by Health Administration Corporation.
(No. IRC 6653 of 2001)
|Before The Honourable Justice Kavanagh |13 November 2001 |
AWARD
PART A
1. INDEX
PART A
Clause No. Subject Matter
17. Accumulation of Additional Days Off
7. Additional Wage Rates
20. Amenities
28. Annual Leave
38. Anti-Discrimination
41. Area, Incidence and Duration
12. Chokages
3. Classification Structure and Labour Flexibility
25. Climatic and Isolation Allowance
35. Consultative Committees
26. Damage to or Loss of Clothing or Tools
2. Definitions
14. Excess Fares and Travelling Time
34. Exhibition of Award
19. First-Aid Equipment
13. Fouled Equipment
16. Higher Duties Allowance
4. Hours and Contract of Employment
1. Index
32. Issues Resolution Procedures
9. Leading Hands
40. Leave Reserved
33. Living Away from Home Allowance
29. Long Service Leave
31. Miscellaneous Leave Conditions
39. No Extra Claims
5. Overtime
15. Payment and Particulars Of Wages
23. Picnic Day
22. Public Holidays
37. Rights of Union Delegates
6A. Salary Sacrifice to Superannuation
21. Shift Work
30. Sick Leave
18. Special Conditions
10. Special Rates
24. Special Tools, Clothing and Sharpening Tools
11. Thermostatic Mixing Valve
8. Tool Allowances
27. Transport of Employee's Tools
36. Union Dues
6. Wages
PART B
MONETARY RATES
Table 1 (Schedule A) - Weekly Wages and Tool Allowances from 1 July 2000
Table 1 (Schedule B) - Weekly Wages and Tool Allowances from 1 July 2001
Table 2 (Schedule A) - Additional and Special Rates/Allowances from 1 July 2000
Table 2 (Schedule B) - Additional and Special Rates/Allowances from 1 July 2001
Table 3 (Schedule A) - Expense Related Allowances (excluding Tool Allowances)
From the first Full Pay Period to Commence on or after 11 September 2001
Table 4 (Schedule A) - Apprentices Wages and Allowances from 1 July 2000
Table 4 (Schedule B) - Apprentices Wages and Allowances from 1 July 2001
Appendix 1
Appendix 2
2. Definitions
"Area Health Service" means an Area Health Service as specified in Schedule 1 of the Health Services Act 1997, and, for the purposes of this Award, will also include "Statutory Health Corporations" as specified in Schedule 2 of the said Act.
"Blindmaker" means a person appointed as such who is a journeyman/woman engaged in making and/or cutting or measuring or fixing inside window blinds.
"Bricklayer" means a person appointed as such who is employed on bricklaying or tuckpointing work.
"Carpenter" means a person appointed as such who is employed on carpentry work.
"Electrical Tradesperson" means a tradesperson, including an Electrician, in an electrical trade, which includes the following electrical trades:
"Electrical Fitter" means a tradesperson who is mainly engaged in making, fitting or repairing electrical machines, instruments or appliances, and who in the course of his/her work applies electrical knowledge including the welding, fabrication, and erection of brackets and equipment associated with electrical installation work.
"Electrical Mechanic" means a tradesperson who is mainly engaged on electrical installation, repair and maintenance work including the welding, fabrication, and erection of brackets, and equipment associated with electrical installation work.
"Electrical Fitter and Assistant to Chief Engineer - Sydney Hospital" means a person appointed as such, who in addition to undertaking the duties of an Electrical Fitter, assists the Chief Engineer at Sydney Hospital.
"Electrical Fitter and Assistant to Chief Engineer - Other Hospitals" means a person appointed as such, who in addition to undertaking the duties of an Electrical Fitter, assists the Chief Engineer.
"Electrician in Charge of Generating Plant" means an electrician who has complete charge of the whole plant, including the prime mover and generator and is required to run the plant and maintain and attend to the installation generally.
"Plant Electrician" means a tradesperson who is an electrical mechanic or electrical fitter who has practically complete charge of the general maintenance, alteration and repair work of an installation and carries out the orders of an employer having no knowledge of the electrical trade and not carrying on any business in the trade as a partner or otherwise or carries out the orders of an employer's engineer or other officer who is not a practical electrician.
"Refrigeration and/or Air Conditioning Mechanic or Fitter" means a tradesperson who in the course of his/her work applies electrical trade experience and is mainly engaged on the installation, repair, and maintenance work in connection with electrically operated refrigeration and/or air conditioning units.
"Electrical Instrument Fitter" means a tradesperson, not necessarily an electrical fitter, who is required to design, test and/or repair and maintain electrical and/or electro-pneumatic measuring and/or scientific electrical instruments.
"Employer" means the Health Administration Corporation of New South Wales, Area Health Service (as defined) or the Ambulance Service of New South Wales.
"Fitter" means a person appointed as such who is a tradesperson of one or more of the following classes: mechanical fitter, pipe fitter on refrigeration work and/or high pressure work which includes live steam and hydraulic press work.
"Floor/Wall Tiler" means a person appointed as such and without limiting the meaning of the expression "floor/wall tiler", a person employed in the laying or fixing of tiles, faience, mosaic, ceramic, opalite and the like not exceeding in measurement 930 square centimetres when such opalite and the like is fixed with cement composition.
"Hospital" means any facility operated by an "Area Health Service" as defined in this Award.
"Motor Mechanic" means a person appointed as such who is a tradesperson engaged in repairing, altering, overhauling, assembling or testing metal and/or electrical parts of the engine or chassis of motor cars, motor cycles or other motor vehicles.
"Mechanical Tradesperson - Special Class" means a fitter or mechanic who satisfies the requirements for appointment to Level 2 in the classification structure, and who did so, fully or in part, by virtue of having obtained skills and/or knowledge beyond the base trade in hydraulics and/or pneumatics.
"Painter" means a person appointed as such who is engaged in any manner whatsoever in the painting and/or decorating of or in connection with all buildings and structures, plant, machinery, and equipment, fences and posts.
"Plasterer" means a person appointed as such who is employed on internal and/or external plastering and/or cement, including without limiting the generality of the foregoing, fibrous plaster fixing, gypsum plaster board fixing and floorlaying.
"Plumber" means a person appointed as such and without limiting the ordinary meaning of "plumbing", who is engaged on work including lead burning, chemical plumbing, oxy-welding, electric welding and brazing applicable to plumbing work, gas fitting, maintenance, installations and repair of hot and cold water services and hot water and/or steam heating services, air conditioning plants, the making up, fitting and installation of sewage and sewerage systems in sheet lead, galvanised iron, cast iron or any other material which supersedes the materials usually used by plumbers, the fixing of roofing, curtain walling, spouting, downpipes, gutters, valleys, ridging and flashings in any metal or any material, and the fixing, maintenance and repair of metal drain pipes and vent pipes to any building.
"Scientific Instrument Maker" means a person appointed as such who is a tradesperson engaged on the work of manufacturing, repairing, adjusting, and/or testing of optical and scientific instruments, but does not include an employee working exclusively as a tradesperson.
"Signwriter" means a person appointed as such and who in addition to having a knowledge of painting does any of the following work:
Signwriting, designing and/or lettering of tickets and showcards.
Pictorial and scenic paintings, or production of signs or posters by means of stencils, screens or like methods or any other work incidental thereto including cutout displays of all description, pictorial, scenic or lettering and without limiting the generality of the foregoing shall include:
(a) lettering of every description, size or shape applied by brush on any surface or material which, without limiting its meaning, shall include stone, wood, iron, metal, brick, cement, glass (plain and fancy), canvas, paper, calico, sheeting, bunting, silk, satin, wire blinds;
(b) designing for windows, poster, show window and theatre displays, honour rolls, illuminated addresses, neon signs, stencils, display banners;
(c) gilding, i.e., the application of gold, silver, aluminium, or any metal leaf to any surface;
(d) designing and laying out of cutout displays of all descriptions, either pictorial, scenic or lettering;
(e) screen process work, i.e., the designing, setting up and the operation for duplication of signs on any material whether of paper, fabric, metal, wood, glass, or any similar material.
Without limiting the general meaning signwriting work shall include making of stencils and stencilling by screen or any other method, and the making and/or fixing of transfers.
"Spray Painter" means a tradesperson who is required to prepare all types of surfaces, colour match and apply paint to vehicle panels, vehicle components and whole vehicles with the use of general trade experience.
"Test case decision" means a decision made under Part 3 - National and State Decisions of Chapter 2 of the Industrial Relations Act 1996 or any other decision which the Industrial Relations Commission of New South Wales determines to be a test case having general application to awards in the State.
"Toolmaker" means a person appointed as such who is a tradesperson making and/or repairing any precision tool, gauge, die or mould to be affixed to any machine who designs or lays out his/her work and is responsible for its proper completion and includes any tradesperson engaged in or in connection with the making of any tool, gauge, die or mould as aforesaid who by agreement with the employer is classified as a toolmaker.
"Tradesperson" means any employee who has completed an apprenticeship or holds a relevant trade certificate or equivalent or, is otherwise appointed to any classification under this Award as at 1 September 1997.
"Union" means any or all of the following organisations as the case may be:
Construction Forestry Mining and Energy Union, New South Wales Branch;
New South Wales Plumbers and Gasfitters Employees' Union;
Automotive Food Metal Engineering Printing & Kindred Industries Union - Metals Division and Vehicle Division.
The Electrical Trades Union of Australia, New South Wales Branch.
"Upholsterer" means a person appointed as such who is a journeyman engaged in upholstering.
"Welder 1st Class" means a person appointed as such who is a tradesperson using electric arc and/or oxy-acetylene blow pipe and/or coal gas cutting plant who is required to apply general trade experience as a welder.
"Welder Special Class" means a welder who, in addition to satisfying the requirements of a Welder 1st Class, is required to and is competent to apply general trade experience in welding all the following classes of metals: mild steel, stainless steel, cast iron, aluminium, copper, brass, die cast metal and magnesium.
3. Classification Structure and Labour Flexibility
Tradespersons in the NSW public Health system perform, both on a planned and emergency basis, a variety of manual and technical tasks related to preventative and corrective maintenance and the installation, renovation and construction of buildings, plant and equipment. Those tasks include the performance of peripheral and incidental tasks and assisting other staff so as to complete the whole job.
In recognition of the skills and knowledge brought to the performance of tasks by tradespersons, the following classification structure is to be applied from the first full pay period to commence on or after the 1 September 1997.
|Trade Classification |% of Weekly Wage |Definition |
|Level 1 |100% |Complete Apprenticeship and/or holds |
| | |relevant trade certificate or equivalent. |
|Level 2 |105% |120 hours of approved course/s and is |
| | |regularly required to use the |
| | |skills/knowledge acquired in such courses. |
|Level 3 |110% |240 hours of approved course/s and is |
| | |regularly required to use the |
| | |skills/knowledge acquired in such courses. |
|Level4 |115% |360 hours of approved course/s and is |
| | |regularly required to use the |
| | |skills/knowledge acquired in such courses. |
Note: Approved courses in respect of skills/knowledge no longer regularly required shall not be counted for progression purposes.
Approved Courses - are TAFE courses and any others that the Employer approves. NSW Health Department Study Leave provisions apply. Courses approved however must relate to the acquisition of new skills (performing additional functions) and not simply the modernisation or updating of current work practices or methods (performing the same functions better/differently - for example, personal OH&S related courses, updated inventory or programmed maintenance systems, new computer software etc).
Placement - The relevant Chief Executive Officer will determine where each tradesperson should be placed within the classification structure.
This must be done firstly by determining which skills/knowledge, above classification level 1 skills, are regularly required of the tradesperson and secondly, in relation to each of those, determining whether the relevant approved course has been successfully completed or, alternatively, in respect of tradespersons in employment as at 1 September 1997, determining whether the skills/knowledge possessed by the tradesperson is equivalent to skills/knowledge acquired from successfully undertaking the approved course.
Where the tradesperson in question is placed within a classification in the structure greater than level 1, the employee is to be paid the higher rate from the first full pay period to commence on or after that date that the higher skill/knowledge was regularly required of the tradesperson.
Progression - Progression to classification levels 2, 3 and 4 is to be on the basis of the tradesperson in question having successfully undertaken at least 120 hours of additional approved course/s, and, being required to regularly use the skills/knowledge acquired in such courses. Approved courses in respect of skills/knowledge no longer regularly required shall not be counted for progression purposes.
The employer will determine which and how many employees are to be regularly required to use additional skills/knowledge for which a higher classification level is to be paid.
Tradespersons at classification levels 2,3 and 4 are responsible for maintaining the additional skills/knowledge to a standard equivalent to that of having successfully undertaken a current approved course/s in order to continue to be paid the higher classification level.
Equivalent Skills - For the purposes of progression under the foregoing clause, the Chief Executive Officer may determine that the skills/knowledge possessed by and regularly required of a tradesperson who was in employment as at 1 September 1997, should be considered equivalent to skills/knowledge acquired from successfully undertaking an approved course/s. Any such decision requires that the tradesperson in question be credited with hours equivalent to that of the relevant approved course/s.
No Double Counting - There will be no credit toward progression to a higher classification level in relation to the performance of any function for which payment of an allowance is already made, for example, Thermostatic Mixing Valve Allowance and, any functions for which Additional Wage Rates are paid, for example, to Plumbers, Electrical Tradespersons and Welders.
Leading Hand Allowances - Leading hand allowances, where applicable, will be paid in addition to the skills based increment of the tradesperson in question.
Disputes - The Issue Resolution procedures should be utilised if any disputes arise concerning implementation of this clause.
4. Hours and Contract of Employment
(i) Employment under this Award will be full-time, part-time or casual. Any employee not specifically engaged as a casual employee shall be deemed to be employed by the week.
(ii) Full-time employees - Hours:
(a) "Day Worker" means a worker who works his/her ordinary hours from Monday to Friday inclusive and who commences work on such days at or after 6:00 am and at or before 10:00 am otherwise than as part of a shift system.
"Shift Worker" means a worker who is not a day worker as defined.
(b) Except as provided elsewhere in this Award the ordinary working hours excluding meal times shall be thirty-eight per week and shall be worked in accordance with the following provisions for a four week cycle. The ordinary hours of work for day workers shall be 8 hours per day worked between 6:00 am and 6:00 pm Monday to Friday inclusive and arranged in a four weekly cycle such that an employee shall be credited with 0.4 of one hour for each day worked with such time accruing as an entitlement to take one day off duty, on pay, in each four weekly cycle of twenty working days.
(c) Each day of paid sick or recreational leave taken and any public holiday/s occurring during any cycle of four weeks shall be regarded as a day worked for accrual purposes.
(d) An employee who has not worked a complete four week cycle shall receive pro rata accrued entitlements for each day worked (or each fraction of a day worked) or regarded as having been worked in such cycle, payable for the allocated day off. Such payment shall also be made to an employee on termination of employment.
(e) The accrued allocated day off prescribed in paragraph (b) of this subclause shall be taken as a paid day off unless the employee is required to work that day by the employer to cover unforeseen or emergency circumstances which would impair the productivity of other employees, delay the completion of a project or section thereof or prevent other employees from carrying out maintenance work outside ordinary working hours.
(f) Where an employee has been absent on workers' compensation during a 20 day cycle and returns to work prior to his/her next allocated day off duty, in normal sequence, he/she shall be given and shall take such day as though he/she had worked the whole of the 20 day cycle.
(g) Where an employee is required to work on his/her accrued allocated day off, other than a call back, he/she shall be paid at the rate of time and one-half for the time worked in ordinary hours and at double time for all time worked outside the ordinary hours on that day and the employer and employee shall confer with the view of substituting another day off, in lieu thereof, in the current 20 day cycle. Should it be impractical for such a day to be substituted in the current 20 day cycle, it shall be given and taken as soon as practicable after the commencement of the next 20 day cycle in sequence.
(h) Where an employee requests, and the employer agrees to a temporary change of the allocated day off in the four weekly cycle, no penalty payments shall be payable to an employee in respect of the change of the allocated day off. Similarly no penalty payments shall be payable to the employee where he/she and the employer agree to change the allocated day off, in the four weekly cycle, on a permanent basis.
(i) When an employee's allocated day off duty, on pay; as prescribed by paragraph (b) of this subclause, falls on a public holiday as prescribed by clause 22, Public Holidays, and clause 23, Picnic Day, the next working day shall be taken in lieu of the allocated day, unless an alternative day in that four weekly cycle (or the next four weekly cycle) is agreed to between the employer and the employee.
(j) The ordinary hours of work of shift workers exclusive of meal times shall be 8 hours per shift with 0.4 of one hour at ordinary rates for each shift worked accruing as an entitlement to take one shift off duty, on pay, in each cycle of four weeks such that 19 shifts of eight hours (152 hours in total) are worked in each cycle.
(k) Each shift worker shall be free from duty for not less than two full days in each week or where this is not practicable, four full days in each period of two weeks and where practicable such days shall be consecutive.
(l) Except at regular changeover of shifts an employee shall not be required to work more than one shift in each period of twenty-four hours.
(m) Shift rosters shall specify the commencing and finishing times of the ordinary working hours of the respective shifts.
(n) The method of working shifts may be varied by agreement between the employer and the accredited representative of the union to suit the circumstances of the establishment or in the absence of agreement by seven days notice of alteration given by the employer to the employee.
(o) Before shift work is introduced into any hospital or section thereof, the proposals relating thereto shall be conveyed to the Health Administration Corporation for its approval and to afford it an opportunity to discuss such proposals with representatives of the employer and the union or unions concerned.
(p) There shall be allowed, without deduction of pay, a tea break of twenty minutes between 9:00 am and 11:00 am, or at such other time as may be mutually agreed upon, provided however that employees shall not necessarily take it at the same time or in the same location. Where practicable such tea break shall be taken at the nearest facility to the workplace and at the convenience of the employer.
(iii) Part Time Employment:
(a) A part-time employee is one who is permanently appointed by the employer to work a specified number of hours in a roster cycle. The specified hours must be less than those prescribed for a full-time employee.
(b) Employees engaged under this clause shall be paid an hourly rate calculated on the basis of one thirty-eighth of the appropriate rate relevant to their classification and shall be entitled to all other benefits not otherwise expressly provided for herein in the same proportion as their ordinary hours of work bear to full-time hours.
This includes pro rata of appropriate weekly allowances and pro rata of appropriate daily allowances in the same proportion as actual hours on a day bears to eight. A part-time employee shall not be entitled to an additional day off or part thereof as prescribed by this Award and shall not be entitled to Public Holidays where the employee would not have worked that day pursuant to his/her usual roster.
(c) The minimum number of hours per shift worked is four hours. The maximum ordinary hours which may be worked within a 7 day period (coincidental with the pay period) is thirty two. Days of work and starting and finishing times may be varied at any time by agreement, or by the employer with notice having regard to the employees circumstances.
(d) All time worked by part-time employees in excess of eight hours on any shift, or beyond the rostered finishing time of the majority of full-time employees employed on that shift in the section concerned, shall be overtime and paid for at the rate of time and one half for the first two hours and double time thereafter, except that on Sunday 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.
Extensions to the time worked on any shift, up to and including eight hours, or up to and including the rostered finishing time of the majority of full-time employees employed on that shift in the section concerned, whichever occurs first, 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.
(e) Part-time employees shall have their pro-rata entitlements calculated by the average of ordinary hours worked per annum. In this respect ordinary hours worked means their contracted hours and any additional hours worked at ordinary rates of pay. In other words, hours which include extensions to shifts referred to in (d) above.
(iv) Termination of Weekly Employment - One week's notice of termination of employment shall be given by the hospital or the employee, respectively, but when the conduct of an employee justifies instant dismissal such notice of termination of employment shall not apply; provided that should an employee fail to give the prescribed notice such employee shall be liable to the forfeiture of one week's wages. Where the services of an employee are terminated without due notice he/she shall be paid one week's salary in lieu thereof.
(v) Casual Employment:
(a) A casual employee shall mean a person engaged for a period of less than the hours prescribed for full-time employees in clause 4, Hours and Contract of Employment, but shall not include any person employed under an unemployment relief scheme.
(b) A casual employee shall be paid 15 per centum in addition to the rate calculated by adding the weekly wage and tool allowance for the class of work which he/she performs.
(c) A casual employee who is requested to report for work shall be paid a minimum of 2 hours pay for each start.
(vi) All employees:
(a) Except for meal breaks, at the discretion of the employer, the ordinary hours of work shall be worked continuously provided that no employee shall be required to work for more than 5 hours without a meal break.
(b) Painters shall be allowed five minutes before lunch and before the cessation of the day's work or shift to clean and put away their brushes, tools, etc.
(vii) Locally negotiated hours of work patterns which are in place as at 1 September 1997 are preserved. Such work patterns are known to exist at Northern Sydney Area Health Service (12 hour shifts), Central Sydney Area Health Service (12 hour shifts) and Western Sydney Area Health Service (9 day fortnight). The preservation of those work patterns includes the preservation of other conditions and administrative arrangements altered/adopted locally to supplement and or accommodate the existence of those work patterns.
5. Overtime
(i) For all work done outside ordinary hours, (inclusive of time worked for accrual purposes as prescribed in clause 4, Hours and Contract of Employment and Clause 21, Shift Work) the rates of pay shall be time and one half for the first two hours and double time thereafter, such double time to continue until the completion of the overtime work.
Except as provided in this subclause or subclause (ii) of this clause, in computing overtime each day's work shall stand alone, except where overtime is continuous from the previous day.
(ii) Rest period after overtime - when overtime work is necessary it shall wherever reasonably practicable be so arranged that employees have at least ten consecutive hours off duty between the work of successive days.
An employee who works so much overtime between the termination of his/her ordinary work on one day and the commencement of his/her ordinary work on the next day that he/she has not had at least ten consecutive hours off duty between these times shall, subject to this subclause, be released after completion of such overtime until he/she has had ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.
If on the instruction of his/her employer such an employee resumes or continues work without having had such ten consecutive hours off duty he/she shall be paid at double rates until he/she is released from duty for such period and he/she shall then be entitled to be absent until he/she has had ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.
The provisions of this subclause shall apply in the case of shift workers as if eight hours were substituted for ten hours when overtime is worked:
(a) For the purpose of changing shift rosters; or
(b) Where a shift worker does not report for duty and a day worker or a shift worker is required to replace the absent shift worker; or
(c) Where a rostered shift is altered by arrangement between the employees themselves.
(iii) Overtime worked on a Saturday or Sunday not being a public holiday shall be paid for as follows:
(a) Saturday - time and one half for the first two hours and double time thereafter with a minimum payment of four hours except where such overtime is continuous with overtime commenced on the previous day.
All overtime work after twelve noon on a Saturday shall be paid for at double time.
(b) Sunday - double time for all time worked with a minimum payment for four hours. Payment of double time for overtime worked on a Sunday shall continue until the employee is relieved from duty.
(iv) Overtime worked on Public Holidays:
(a) Overtime worked on a public holiday as prescribed by clause 22, Public Holidays, shall be paid at the rate of double time and one half for all time worked with a minimum payment of four hours at such rate.
(b) Overtime worked on a public holiday and which continues beyond twelve midnight into the next day not being a public holiday shall be paid for at the same rate for a public holiday until such time as the employee is relieved from duty.
(v) Call back:
(a) An employee recalled to work after leaving the premises (including the allocated day off, on pay) shall be paid for a minimum of four hours work at the appropriate rate for each time he/she is so recalled; provided that, except in unforeseen circumstances arising, the employee shall not be required to work the full minimum number of hours prescribed above if the work he/she was recalled to perform is completed within a shorter period.
(b) An employee recalled to work overtime as prescribed by paragraph (a) of this subclause shall be paid all fares and expenses reasonable incurred in travelling to and from his/her place of work.
Provided further that where an employee elects to use his/her own mode of transport, the employee shall be paid a Transport Allowance in accordance with those prescribed from time to time by the Public Employment Office.
(c) The provisions of this subclause shall apply in the case of employees on call back as if eight hours were substituted for ten hours in subclause (ii) of this clause, unless such call back occurs after an employee has worked continuing overtime from the normal shift immediately preceding the call back.
(vi) Temporary night work - Wherever it may be necessary for a "day worker" to work temporary night work in the course of alteration or renovations of a building.
(a) No employee who is employed during ordinary hours shall be employed on temporary night work except at overtime rates or vice versa.
(b) A meal break of not less than 20 minutes shall be allowed during such shift.
(c) An employee employed for less than five continuous shifts (inclusive of the allocated day off, on pay, as prescribed in clause 4, Hours and Contract of Employment) in any working week shall be paid at the rate of double time and one half for all time worked with a minimum payment of four hours at such rate.
(d) The rate of pay for temporary night work shall be time and one half.
(e) Start and finishing times for temporary night work shall be agreed upon mutually between the employer and the employees concerned.
(vii) Meal hours - Work done during meal hours and thereafter until a meal hour break is allowed shall be paid for at double time rates. An employee shall not be compelled to work for more than five hours without a break for a meal.
(viii) Meal money - An employee required to work overtime in excess of one and one half hours after working ordinary hours shall be paid by his/her employer an amount set out at Table 3 to meet the cost of a meal.
After the completion of each four hours on continuous overtime shall be paid an amount set out at Table 3 for each subsequent meal in addition to his/her overtime payment, but such payment need not be made to employees living in the same locality as their places of work who can reasonably return home for meals.
(ix) Transport of employees - When an employee after having worked overtime or a shift for which he/she has not been regularly rostered finishes work at a time when reasonable means of transport are not available the employer shall provide him with a conveyance to his/her home, or pay him his/her current wage for the time reasonably occupied in reaching his/her home (provided that this subclause shall not apply to an employee who uses his/her own vehicle to travel to and from his/her place of work).
(x) Reasonable overtime - An employer may require an employee to work reasonable overtime at overtime rates and such employee shall work overtime in accordance with such requirement.
(xi) Cribs:
(a) An employee who is required to work overtime for one and one half hours or more after the normal creasing time inclusive of time worked for accrual purposes as prescribed in clause 4, Hours and Contract of Employment, and Clause 21, Shift Work, shall be allowed, at the expiration of the said one and one half hours, 30 minutes for a meal or crib and thereafter a similar time allowance after every four hours of overtime worked. Time for meals or crib through overtime periods shall be allowed without loss of pay, provided that overtime work continues after such break.
(b) When overtime is worked on a Saturday, if work continues after 12 noon, a break for a meal of 30 minutes shall be allowed between 12 noon and 1 pm which meal break shall be taken without loss of pay.
(xii) Limitation of overtime - No employee, including a night shift worker, shall work for more than 16 hours overtime in any week excepting in the case of extreme urgency such as urgent repairs or delay causing unemployment.
6. Wages
(i) The weekly wages of full-time employees shall be as set out in Table 1 (Schedules A and B).
(ii) The weekly wages referred to in subclause (i) and (iv) of this clause are inclusive of the Industry Allowance, paid in consideration for:
(a) working in the open and there being subjected to climatic conditions, i.e., dust blowing in the wind, brick dust, drippings from concrete, etc.;
(b) sloppy conditions;
(c) lack of usual amenities associated with factory work e.g., meal rooms, change rooms, lockers, etc.
(iii) The weekly wages referred to in subclause (i) and (iv) of this clause are inclusive of the Hospital Trades Staff Allowance, paid in recognition of the responsibility, specialised skills, flexibility and discretion exercised by such tradespersons and the environment in which they work.
(iv) The weekly wages and allowances for Apprentices shall be as set out in Table 4 (Schedules A and B). The conditions of employment within this Award which specifically refer to Apprentices will be applied to Apprentices.
(v) The further wage increases available under the Funding Agreement (Appendix 1) have been satisfied by the Memorandum of Understanding, (Appendix 2) entered by the respondents on 19 August 1998, and which, amongst other things, provides for the 4% increase to wages and wage related allowances effective the first full pay period to commence on or after 1 July 1998.
6A. Salary Sacrifice to Superannuation
(a) Notwithstanding the salaries prescribed in Clause 6, Wages, an employee may elect, subject to the agreement of the employee’s Employer, to sacrifice a portion of the salary payable under Clause 6 to additional employer superannuation contributions. Such election must be made prior to the commencement of the period of service to which the earnings relate. The amount sacrificed must not exceed thirty (30) percent of the salary payable under Clause 6 or thirty (30) percent of the currently applicable superannuable salary, whichever is the lesser.
In this Clause:
(a) "superannuable salary" means the employee’s salary as notified from time to time to the New South Wales public sector superannuation trustee corporations.
(b) "Employer" shall mean the Health Administration Corporation of New South Wales.
(b) Where the employee has elected to sacrifice a portion of that payable salary to additional employer superannuation contributions:
(a) subject to Australian Taxation Law, the sacrificed portion of salary will reduce the salary subject to appropriate PAYE taxation deductions by the amount of that sacrificed portion; and
(b) any allowance, penalty rate, overtime, payment for unused leave entitlements, weekly worker’s compensation or other payment, other than any payment for leave taken in service, to which an employee is entitled under this Award or any applicable Award, Act or Statute which is expressed to be determined by reference to an employee’s salary, shall be calculated by reference to the salary which would have applied to the employee under Clause 6, Wages, in the absence of any salary sacrifice to superannuation made under this Award.
(c) The employee may elect to have the portion of payable salary which is sacrificed to additional employer superannuation contributions:
(a) paid into the superannuation scheme established under the First State Superannuation Act 1992 as optional employer contributions; or
(b) subject to the Employer’s agreement, paid into a private sector complying superannuation scheme as employer superannuation contributions.
(d) Where an employee elects to salary sacrifice in terms of subclause (iii) above, the Employer will pay the sacrificed amount into the relevant superannuation fund.
(e) Where the employee is a member of a superannuation scheme established under the:
(a) Police Regulation (Superannuation) Act 1906;
(b) Superannuation Act 1916;
(c) State Authorities Superannuation Act 1987;
(d) State Authorities Non-contributory Superannuation Act 1987; or,
(e) First State Superannuation Act 1992,
the employee’s Employer must ensure that the amount of any additional employer superannuation contributions specified in subclause (i) above is included in the employee’s superannuable salary which is notified to the New South Wales pubic sector superannuation trustee corporations.
(f) Where, prior to electing to sacrifice a portion of his/her salary to superannuation, an employee had entered into an agreement with his/her Employer to have superannuation contributions made to a superannuation fund other than a fund established under legislation listed in subclause (v) above, the Employer will continue to base contributions to that fund on the salary payable under Clause 6 to the same extent as applied before the employee sacrificed portion of that salary to superannuation. This Clause applies even though the superannuation contributions made by the Employer may be in excess of the superannuation guarantee requirements after the salary sacrifice is implemented.
Note: The above Clause was made operable 13 July 1999.
7. Additional Wage Rates
(i) Electrician - An electrician who is the holder of a Qualified Supervisors Certificate or Contractors licence shall be paid an amount per week set out at Grade A of Table 2 (Schedule B). An electrician who is the holder of a Certificate of Registration shall be paid an amount per week set out at Grade B of Table 2 (Schedule B).
(ii) Lead Burner - The ordinary rates for lead burners shall be calculated by adding to the rate prescribed for journeymen plumbers in this Award the sum per hour set out at Table 2 (Schedule B).
(iii) Plumber - The ordinary rates for plumbers are increased by the weekly amounts (or pro rata hourly for Part-time/Casual) set out in Table 2 (Schedule B) for all purposes for acting on various licences or combinations thereof as set out:
(a) when required to act on plumber's licence;
(b) when required to act on gasfitter's licence;
(c) when required to act on drainer's licence;
(d) when required to act on plumber's and gasfitter's licence;
(e) when required to act on plumber's and drainer's licence;
(f) when required to act on gasfitter's and drainer's licence;
(g) when required to act on plumber's, gasfitter's and drainer's licence.
A plumber who may be required by his/her employer to act on his/her licence or licences during the course of his/her employment shall be paid at the rate per hour mentioned in this Award for every hour of his/her employment whether he/she had in any hour in fact acted on such licence or not.
Gasfitting licence shall be deemed to include coal gas, natural gas, liquid petroleum gas or any other gas where it is required by any State Act of Parliament or regulation that the holder of a licence be responsible for the installation of any such service or services.
(iv) A plumber and/or gasfitter and/or drainer who is or will be required to be the holder of a Certificate of Registration shall be paid the amount per hour set out at Table 2 (Schedule B) in addition to his/her ordinary rate of pay. This allowance shall be paid for all purposes of the Award with the exception of clause 21, Shift Work, and clause 5, Overtime, in which cases it shall be paid as a flat rate and not be subject to penalty addition.
(v) Electric Welding - An employee being the holder of a Department of Industrial Relations oxy-acetylene or electric welding certificate who may be required by his/her employer to act on either of his/her certificates during the course of his/her employment shall be entitled to be paid for every hour of his/her employment on work the nature of which is such that it is done by or under the supervision of the holder of a certificate or while not performing but supervising such work the sum per hour set out at Table 2 (Schedule B) with a minimum payment of one hour per day for each certificate in addition to the rates of a journeyman plumber in this Award.
(vi) Computing Quantities - Employees who are regularly required to compute or estimate quantities of materials in respect to the work performed shall be paid an additional amount per day or part thereof set out at Table 2 (Schedule B).
(vii) An employee being the possessor of a boiler attendant's certificate who is required to supervise or operate a boiler shall for each week he/she is so required to be paid in addition to the rates prescribed an amount set out at Table 2 (Schedule B).
(viii) BMC Operators:
(a) Tradespersons employed on rotational shiftwork in building maintenance centres attending computerised systems monitoring the status and functions of plant and equipment connected thereto and attending to alarms recorded thereon shall be paid an allowance per week as set out at Table 2 (Schedule B) above the Award margin prescribed for their respective trade classifications. Such allowance shall be paid for all purposes of the Award and subject to wage indexation increases.
(b) In addition to the foregoing such tradesperson/s shall also be paid the tool allowance prescribed for their respective trade classification under this Award.
(c) Tradespersons attending the computerised system shall hold their work station for a period of one quarter of an hour at shift change over to acquaint the oncoming shift with the status of the plant and equipment or maintenance work in hand. Such time shall be counted as time worked and paid for at overtime rates.
(ix) Motor mechanics who are required to inspect and issue certificates of inspection in respect of the road worthiness of motor vehicles shall be paid an amount set out at Table 2 (Schedule B) for each vehicle inspected plus an amount per day set out at Table 2 (Schedule B) whilst actually at work.
(x) An allowance as set out at Table 2 (Schedule B) for each 24 hours shall be paid to an employee who is requested by his/her employers, and agrees to such request, that they take home an electronic paging device in order that they may be contacted to return to duty when required.
(xi) In addition to the ordinary rate paid to an Electrical Tradesperson (Electrical Fitter/Mechanic and Refrigeration and/or Air Conditioning Mechanic or Fitter), the following types of Electrical Tradespersons (see Definitions) shall be paid the weekly amounts (or pro rata hourly for Part-time/Casual) set out at Table 2 (Schedule B) for all purposes:
Electrical Fitter & Assistant to Chief Engineer - Sydney Hospital;
Electrical Fitter & Assistant to Chief Engineer - Other Hospitals;
Electrician in Charge of Generating Plant less than 75 Kilowatts;
Electrician in Charge of Generating Plant 75 Kilowatts or more;
Plant Electrician.
(xii) In addition to the ordinary rate paid to a Welder 1st Class, a Welder Special Class as defined shall be paid the weekly amount (or pro rata hourly for Part-time/Casual) set out at Table 2 (Schedule B) for all purposes.
8. Tool Allowances
Employees shall be paid tool allowances for all purposes as for Table 1, except Electrical Trades classifications (Electrical Tradesperson and Electrical Instrument Fitter), who shall be paid tool allowances for all purposes as for Table 2 (Schedule B).
9. Leading Hands
(i) Leading Hand Electrician:
(a) For the purposes of this subclause, Leading Hand means any electrical worker (not being a Foreman) who is placed in charge of work on which 4 or more employees or 2 or more electrical mechanics or fitters in addition to him/herself are engaged. Any worker who receives orders from an officer, and is placed in charge as herein set out in the absence of such officer, shall be deemed to be a leading hand whilst so placed in charge of the work carrying out such orders.
(b) A leading hand electrician as defined herein shall be paid an additional amount per week set out at Table 2 (Schedule B).
(ii) Leading Hand, other than Electrician:
(a) An employee appointed to be in charge of up to and including 5 employees shall be paid an amount per week extra as set out at Table 2 (Schedule B).
(b) An employee appointed to be in charge of more than 5 and up to and including 10 employees shall be paid an amount per week extra as set out at Table 2 (Schedule B).
(c) An employee appointed to be in charge of 11 or more employees shall be paid an amount per week extra as set out at Table 2 (Schedule B).
10. Special Rates
In addition to the wages, additional wage rates and allowances of this Award, the following special rates and allowances shall be paid to employees:
(i) Cold Places - Employees working in places where the temperature is reduced by artificial means below 0 degrees Celsius shall be paid an amount per hour extra as set out at Table 2 (Schedule B). Where the work continues for more than two hours, employees shall be entitled to a rest period of twenty minutes every two hours without loss of pay.
(ii) Confined Spaces - Employees working in a place the dimensions or nature of which necessitate working in a stooped or cramped position or without sufficient ventilation shall be paid an amount per hour extra as set out at Table 2 (Schedule B).
(iii) Dirty Work - Work which a supervisor and employee agree is of a dirty or offensive nature by comparison with the work normally encountered in the trade concerned and for which no other special rates are prescribed shall be an amount per hour extra as set out at Table 2 (Schedule B).
(iv) Height Money - Employees working at a height of 7.5 metres from the ground, deck, floor or water shall be paid an amount per hour extra as set out at Table 2 (Schedule B) and the same amount again extra for every additional 3 metres. Height shall be calculated from where it is necessary for the employee to place his/her hands or tools in order to carry out the work to such ground, floor, deck or water. For the purpose of this subclause deck or floor means a substantial structure which, even though temporary, is sufficient to protect an employee from falling any further distance. Water level means in tidal waters mean water level. This subclause shall not apply to employees working on a suitable scaffold erected in accordance with the Construction Safety Act 1912.
(v) Hot Places - Employees working in the shade in places where the temperature is raised by artificial means to between 46 degrees Celsius and 54 degrees Celsius shall be paid an amount per hour extra as set out at Table 2 (Schedule B).; in places where the temperature exceeds 54 degrees Celsius, such employees shall be paid an additional amount per hour as set out at Table 2 (Schedule B). Where work continues for more than two hours in temperatures exceeding 54 degrees Celsius, employees shall also be entitled to twenty minutes' rest after every two hours work, without deduction of pay. The temperature shall be decided by the foreman of the work after consultation with the employees who claim the extra rate.
(vi)
(a) Insulation Material - An employee who is called upon to handle charcoal, pumice, granulated cork, silicate of cotton, insulwool, slagwool, fibreglass or mineral wool or other recognised insulating material of a like nature or an employee in the vicinity of such work shall be paid an amount per hour extra as set out at Table 2 (Schedule B) or part thereof whilst so engaged.
(b) Asbestos - An employee required to work with any materials containing asbestos or to work in close proximity to employees using such materials shall be provided with and shall use all necessary safeguards as required by the appropriate occupational health authority and where such safeguards include the mandatory wearing of protective equipment such employees shall be paid an amount per hour extra as set out at Table 2 (Schedule B) whilst so engaged.
(vii) Smoke-boxes, etc. - Employees working on repairs to smoke-boxes, furnace or flues of boilers shall be paid an amount per hour extra as set out at Table 2 (Schedule B).; provided that an employee engaged on repairs to oil fired boilers, including the casings, uptakes and funnels, or flues and smoke stacks, shall, while working inside such boiler, be paid an amount per hour extra as set out at Table 2 (Schedule B).
(viii) Wet Places:
(a)
(1) An employee working in a place where water other than rain is falling so that his/her clothing shall be appreciably wet and/or water, oil or mud underfoot is sufficient to saturate his/her boots shall be paid an amount per hour extra as set out at Table 2 (Schedule B).; provided that his/her extra rate shall not be payable in respect to an employee who is provided with suitable and effective protective clothing and/or footwear. An employee who becomes entitled to this extra rate shall be paid such rate for such part of the day or shift as he/she is required to work in wet clothing or boots.
(2) Where an employee is required to work in the rain he/she shall be paid an amount per hour extra as set out at Table 2 (Schedule B) for the time so worked.
(b) An employee called upon to work knee-deep in mud or water, shall be paid an amount per day extra as set out at Table 2 (Schedule B) in addition to ordinary rates of pay prescribed for each day or portion thereof so worked; provided that this subclause shall not apply to an employee who is provided with suitable protective clothing and/or footwear.
(ix) Acid Furnaces, Stills, etc:
(a) A bricklayer required to work on the construction or repairs to acid furnaces, acid stills, acid towers and all other acid resisting brickwork, shall be paid an amount per hour extra as set out at Table 2 (Schedule B). This additional rate shall be regarded as part of the wage rate for all purposes of the Award.
(b) An employee engaged on the construction or alteration or repairs to boilers, flues, furnaces, retorts, kilns, ovens, ladles and similar refractory work shall be paid an amount per hour extra as set out at Table 2 (Schedule B). This additional rate shall be regarded as part of the wage rate for all purposes.
(x) Depth Money - An employee engaged in tunnels, cylinders, caissons, coffer dams and sewer work and in underground shafts exceeding 3 metres in depth shall be paid an amount per hour extra as set out at Table 2 (Schedule B).
(xi) Swing Scaffolds:
(a) An employee other than a plasterer, working in a bosun's chair or on a swing scaffold shall be paid an amount as set out at Table 2 (Schedule B) for the first four hours whilst so engaged thence an amount per hour as set out at Table 2 (Schedule B).
(b) Plasterers working in a bosun's chair or on a swing scaffold shall be paid an amount per hour extra as set out at Table 2 (Schedule B) more than that rate applicable to other employees, in paragraph (a) above.
(c) An employee shall not raise or lower a bosun's chair or swing scaffold alone and an employer shall not require an employee to raise or lower a bosun's chair or swing scaffold alone.
(xii) Spray Application - An employee engaged on all spray applications carried out in other than a properly constructed booth, approved by the Department of Industrial Relations shall be paid an amount per hour extra as set out at Table 2 (Schedule B).
(xiii) Working Secondhand Timber - Where, whilst working secondhand timber, a Carpenter's tools are damaged by nails, dumps or other foreign matter in the timber he/she shall be entitled to an allowance per day extra as set out at Table 2 (Schedule B) on each day upon which his/her tools are so damaged; provided that no allowance shall be so payable under this clause unless it is reported immediately to the employer's representative on the job in order that he/she can prove his/her claim.
(xiv) Roof Work - Employees engaged in the fixing or repairing of a roof or any other work in excess of 12 metres from the nearest floor level shall be paid an amount per hour extra as set out at Table 2 (Schedule B) with a minimum payment of one hour.
(xv) Explosive Powered Tools - Employees required to use explosive powered tools shall be paid an amount per day extra as set out at Table 2 (Schedule B).
(xvi) Morgues - An employee required to work in a morgue shall be paid an amount per hour extra as set out at Table 2 (Schedule B) whilst so employed.
(xvii) Toxic and Obnoxious Substances:
(a) An employee engaged in either the preparation and/or the application of toxic or epoxy based materials or material of a like nature shall be paid an amount per hour extra as set out at Table 2 (Schedule B).
(b) In addition, employees applying such material in buildings which are normally air-conditioned shall be paid an amount per hour extra as set out at Table 2 (Schedule B) for any time worked when the air conditioning plant is not operating.
(c) Where there is an absence of adequate natural ventilation, the employer shall provide ventilation by artificial means and/or supply an approved type of respirator and in addition protective clothing shall be supplied where recommended by the Department of Health, New South Wales.
(d) Employees working in close proximity to employees so engaged shall be paid an amount per hour extra as set out at Table 2 (Schedule B).
(e) For the purpose of this clause, all materials which are toxic or which include, or require the addition of a catalyst hardener and reactive additives or two pack catalyst system shall be deemed to be materials of a like nature.
(xviii) Employees working in areas accommodating psychiatric patients shall be paid an amount per hour extra as set out at Table 2 (Schedule B) whilst so engaged.
(xix) Animal House - An employee required to work in an animal house shall be paid an amount per hour extra as set out at Table 2 (Schedule B) whilst so employed.
(xx) Rates not subject to Penalty Provisions - The special rates herein prescribed shall be paid irrespective of the times at which the work is performed, and shall not be subject to any premium or penalty conditions.
(xxi) Asbestos Eradication - Application: This subclause shall apply to employees engaged in the process of asbestos eradication on the performance of work within the scope of this Award.
Definition: Asbestos eradication is defined as work on or about building, involving the removal or any other method of neutralisation of any materials which consist of, or contain asbestos.
Control: All aspects of asbestos eradication work shall be conducted in accordance with the NSW Occupational Health and Safety Act 1983, the Occupational Health and Safety Asbestos Dust Regulation, 1984 and the NSW Construction Safety Act 1912 Regulations concerning construction work involving asbestos and asbestos cement.
Rate of Pay: In addition to the rates prescribed in this Award an employee engaged in asbestos eradication (as defined) shall receive an amount per hour extra as set out at Table 2 (Schedule B) in lieu of special rates as prescribed in clause 10, Special Rates, with the exception of subclauses (i) Cold Places; (v) Hot Places; (xi) Swing Scaffold; (xii) Spray Application; and (xiii) Working Secondhand Timber.
Other Conditions: The conditions of employment rates and allowances, except so far as they are otherwise specified in this Clause shall be the conditions of employment, rates and allowances of the Award as varied from time to time.
(xxii) Extra Rate not Cumulative - When more than one of the above rates provide payment for disabilities of substantially the same nature then only the highest of such rates shall be payable.
(xxiii)
(a) Tradespersons who are employed to work in psychiatric hospitals (i.e., formerly 5th Schedule Hospitals) shall be paid an amount per hour extra as set out at Table 2 (Schedule B).
Provided that the allowance prescribed by this paragraph shall not be taken into consideration in the calculation of overtime or other penalty rates. Provided further that the allowance shall not be paid for work carried out in such areas as may be agreed upon between the respondent unions and the Health Administration Corporation.
(b) Geriatric Hospitals - Employees working or required to work in Allandale and Garrawarra hospitals shall be paid an amount per hour extra as set out at Table 2 (Schedule B). Employees working or required to work in Lidcombe Hospital shall be paid an amount per hour extra as set out at Table 2 (Schedule B).
Provided that the allowance prescribed by this paragraph shall not be taken into consideration in the calculation of overtime or other penalty rates.
11. Thermostatic Mixing Valve
An allowance per week as set out at Table 2 (Schedule B) shall be paid to licensed plumbers who hold a Thermostatic Mixing Valve Certificate from a College of Technical and Further Education and who are required to service thermostatic mixing valves.
12. Chokages
Subject to clause 10, Special Rates, if an employee is employed upon any chokage and is required to open up any soil pipe, waste pipe, drain pipe or pump conveying offensive material or a scupper containing sewage or if he/she is required to work in a septic tank in operation he/she shall be paid an amount as set out at Table 2 (Schedule B) per day or part thereof.
13. Fouled Equipment
An employee who in working on any equipment containing body fluids or body waste encounters such matter shall be paid an amount set out at Table 2 (Schedule B) per day or part thereof: Provided that this allowance shall not apply in circumstances where the allowance prescribed in clause 12, Chokages, would otherwise be payable.
14. Excess Fares and Travelling Time
(i) An employee who on any day or from day to day is required to work at a job away from his/her accustomed place of work shall, at the direction of his/her employer present him/herself for work at such job at the usual starting time and shall be paid an amount set out at Table 3 for each such day. Where the travelling time and fares are in excess of those normally incurred in travelling to his/her accustomed place of work the employee shall also be paid that amount of such excess which exceeds that above amount.
(ii) An employee who, with the approval of the employer, uses his/her own means of transport for travelling to or from outside jobs, shall be paid a Transport Allowance in accordance with those prescribed from time to time by the Public Employment Office.
(iii) Where the employer has determined that an employee or employees should report to a new accustomed place of work on a permanent basis, the decision must be discussed with the affected employee(s) and the local branch of the union prior to notice of changed accustomed place of work being given. Such discussions should include consideration of the impact of the change on affected employees.
The employer shall give the employee one calendar month's notice of the requirement to report to a new accustomed place of work.
Where the accustomed place of work is changed on a permanent basis by the employer, the employee shall report to the new accustomed place of work on the date specified by the employer.
Where a change to the accustomed place of work would impose unreasonable hardship on the employee, the employer may agree to apply the entitlements of Circular 98/47, as amended or superseded from time to time, provided that such amendments or successors will not have force under this Award if they have the effect of providing a set of entitlements on this subject which are overall less beneficial than any relevant ‘test case’ decision as defined.
Do not have the effect of providing a set of entitlements which are overall less beneficial than any relevant ‘test case’ decision as defined.
If there is disagreement about such decision after such discussion or if a significant number of employees are involved, the matter may be referred to the Department of Health, Workforce Relations Branch, and/or, the Industrial Relations Commission consistent with the Issues Resolution Procedure.
(iv) Some Provisions of Former Enterprise Agreements Preserved. The provisions of clauses 16 and 17 of the former Central Sydney Area Health Service Skilled Trades Wages Agreement 1994 and clause 20 of the former Southern Sydney Area Health Service Engineering & Maintenance Services Enterprise Agreement 1994 are preserved as if those clauses continue to apply to those Area Health Services (and successors) under this Award.
15. Payment and Particulars of Wages
(i) Wages shall be paid weekly or fortnightly; provided that, for the purpose of adjustments of wages, from time to time effective, the pay period shall be deemed to be weekly. On each pay day the pay shall be made up to a day not more than three days prior to the day of payment.
(ii) Wages shall be paid into a nominated bank or other accounts, except in isolated areas where payment will be made by cheque to a given address.
(iii) Notwithstanding the provision of subclause (ii) of this clause, an employee who has been given one week's notice of termination of employment, in accordance with clause 4, Contract of Employment and Hours, shall be paid all moneys due to him/her prior to ceasing duty on the last day of employment. Where an employee is dismissed or his/her services are terminated without due notice, in accordance with the said clause, any moneys due to him/her shall be paid as soon as possible after such dismissal or termination but in any case not more than 48 hours thereafter.
(iv) On each pay day an employee, in respect of the payment then due shall be furnished with a statement, in writing, containing the following particulars, namely, name, the amount of ordinary salary, the total number of hours of overtime worked, if any, the amount of any overtime payment, the amount of any other moneys paid, and the purpose of which they are paid and the amount of the deductions made from total earnings and the nature thereof.
(v) Where retrospective adjustments of wages are paid to employees, such payments where practical shall be paid as a separate payment to ordinary wages with a separate statement containing particulars as set out in subclause (iv) of this clause.
16. Higher Duties Allowance
(i) Where a Leading Hand is on his/her allocated day/s off, on pay, and another employee relieves in the position for that day only, no higher duty allowance shall be paid.
(ii) Except as provided for in subclause (i) of this clause an employee engaged for more than two hours on any day or shift on duties carrying a higher rate than his/her ordinary classification or entitling him/her to a leading hand allowance shall be paid the higher rate or allowance as the case may be for such day or shift. Where the period of relief, on any day, is for two hours or less the employee acting in the higher classification shall only be paid the higher duty allowance for the time so worked.
(iii) Except as provided for in subclause (i) of this clause where an employee is required to act as a leading hand at the commencement of a day or shift he/she shall be paid the appropriate allowance for the whole of such day or shift.
17. Accumulation of Additional Days Off
Full-time employees may accumulate up to five ADO's (as measured at any one point in time), subject to the mutual agreement of the employee and local management. The limit on the accumulation right means that any employee who has already accumulated five ADO's must take the sixth ADO accruing to him/her as and when it falls due in accordance with roster.
Any ADO's accumulated but not taken as at the date of termination, shall be paid out at ordinary rates as part of the usual termination entitlement.
The parties recognise that accrual of ADO's may not be possible in all settings and circumstances.
Records of all time accrued owing to and taken by employees must be maintained by management.
18. Special Conditions
(i) Employees engaged in installing brine or ammonia pipes or repairs to same or who work on other destructive materials, who have their clothing or boots destroyed or damaged, shall be reimbursed the amount of damage sustained.
(ii) All rope and gear shall be of sound material, used or stored in such a way that it does not come in contact with sharp edges, acid or acid fumes. At all times, the regulation under the Construction Safety Act 1912, shall be complied with.
(iii) Each employee working in battery rooms or like places where acids or caustic soda are stored or used, shall be provided with gloves, overalls and rubber boots to be periodically disinfected in accordance with the requirements of the Health Department for disinfecting clothing while in use.
(iv) The employer shall provide to each employee a suitable gas mask at the place of work when the employee is required to work on a live gas service.
(v) X-ray - An employee working in an infectious area shall be X-rayed at the employer's expense and in the employer's time after each six months or at the termination of his/her employment, whichever is the sooner.
(vi) Sufficient, suitable and serviceable ear muffs and face masks shall be made available for the use of employees required to work in areas where noise levels are excessive and in proximity to dust or fumes. Suitable protective garb shall also be made available for employees required to work in proximity to dust or fumes. Suitable protective garb shall also be made available for employees required to work in proximity to radioactive material.
(vii) No employee shall be required to use a paint brush exceeding five inches in width or eight ounces in weight (or their metric equivalents) or a kalsomine brush exceeding eight inches (or its metric equivalent) in width.
(viii) An employee shall not be required to use a roller in excess of twelve inches in width on the painting of ceilings or walls.
19. First-Aid Equipment
The employer shall provide and continuously maintain at a place or places reasonably accessible to all employees an efficient first-aid outfit including a stretcher.
20. Amenities
The provisions contained in the "Accommodation and Amenities" Clause of the Health Employees Conditions of Employment (State) Award shall apply to employees covered by this Award.
21. Shift Work
(i) Definitions - for the purpose of this clause:
"Afternoon Shift" means any shift finishing after 6 pm and at or before midnight.
"Night Shift" means any shift finishing subsequent to midnight and at or before 8 am.
"Rostered Shift" means a shift of which the employee concerned has had at least forty-eight hours' notice.
(ii) Shift workers whilst on afternoon or night shifts shall be paid 15 per centum more than the ordinary rate for such shifts. Shift workers who work on any afternoon or night shift which does not continue for at least five successive afternoons or nights (including the allocated day off on pay) shall be paid at the rate of time and one-half for the first three hours and double time thereafter.
(iii) Saturdays - The minimum rate to be paid to any shift worker for work performed between midnight on Friday and midnight on Saturday shall be time and a half. Such extra rates shall be in substitution for and not cumulative upon the shift premium prescribed in subclause (ii) of this clause.
(iv) Sundays and Holidays:
(a) Shift workers whose ordinary working hours include work on a Sunday shall be paid at the rate of double time.
(b) Shift workers whose ordinary working hours include work on any of the public holidays referred to in clause 22, Public Holidays, shall be paid at the rate of double time and one-half.
(c) Where shifts commence between 11 pm and midnight on a Sunday or a holiday the time so worked before midnight shall not entitle the employee to the Sunday or holiday rate; provided that the time worked by an employee on a shift commencing before midnight on the day preceding a Sunday or holiday and extending into a Sunday or holiday shall be regarded as time worked on such Sunday or holiday.
Where shifts fall partly on a holiday that shift the major portion of which falls on a holiday shall be regarded as the holiday shift.
(d) The rates prescribed in paragraphs (a) and (b) of this subclause shall be in substitution for and not cumulative upon the shift premium prescribed in subclause (ii) of this clause.
22. Public Holidays
(i)
(a) Public holidays shall be allowed to employees on full pay. Where an employee is required to and does work on any of the holidays set out in this subclause, whether for a full shift or not, the employee shall be paid one and one-half day's pay in addition to the weekly rate, such payment to be in lieu of weekend or shift allowances which would otherwise be payable had the day not been a public holiday: Provided that, if the employee so elects, he/she may be paid one half day's pay in addition to the weekly rate and have one day added to his/her period of annual leave for each public holiday worked in lieu of the provisions of the preceding paragraph.
(b) For the purpose of this clause the following shall be deemed public holidays, viz.: New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Queen's Birthday, local Labour Day, Christmas Day and Boxing Day.
(c) Day workers are to be paid one days pay in addition to the weekly rate for each public holiday, other than Easter Saturday, falling on non-working Saturdays.
(d) Shift workers rostered off duty (other than on their allocated day off duty on pay) on a public holiday shall:
(1) be paid one day's pay in addition to the weekly rate; or if the employee so elects;
(2) have one day added to his/her period of annual leave.
(e) The election referred to in paragraphs (a) and (d) of this subclause is to be made in writing by the employee at the commencement of each year of employment and is irrevocable during the currency of that year of employment.
(ii) Transfer of Additional or Local Public Holiday - In addition to those public holidays specified in paragraph (b) of subclause (i) of this clause, employees shall be entitled to one extra public holiday each year. Such public holiday is to taken in the Christmas/New Year period or other suitable period, on a date determined by the employer, or on another date where agreed by the parties. Such public holiday shall substitute for any day or half day duly proclaimed and observed as a public holiday within the area in which the employer is situated.
23. Picnic Day
(i) The first Monday in December of each year shall be the Union's Picnic Day.
(ii) All employees shall as far as practical be given and shall take this day as the Picnic Day and shall be paid therefore as for 7.6 hours work at the rate of pay prescribed in clause 6, Wages, with 0.4 of a hour accruing for the allocated day off, on pay. Any employee required to work on Picnic Day shall be paid at the rate of double time and one-half for all time worked on such day with a minimum payment for four hours work. Provided that an employee who is required to work on Picnic Day and fails to comply with such requirement shall not be entitled to payment for the day.
(iii) An employer may require from an employee evidence of his/her attendance at the picnic and the production of the butt of a picnic ticket issued for the picnic shall be sufficient evidence of such attendance. Where such evidence is requested by the employer, payment need not be made unless the evidence is produced.
24. Special Tools, Clothing and Sharpening Tools
(i) The employer shall provide at the place of work a suitable sand grindstone or a carborundum stone for the use of tradespersons.
(ii) Where such a grindstone or carborundum stone is not driven by mechanical power, the employer shall provide assistance in turning the grindstone or carborundum stone.
(iii) Saw sharpening and tool grinding may be done by the employee during the progress of the work.
(iv) Where paragraphs (i) and (ii) of this clause are not observed by the employer, the employer shall pay for or provide for grinding of the tools.
(v) The employer shall provide the following tools and protective clothing when they are required for the work to be performed by the employees:
(a) Bricklayers - Scutch combs: hammers (excepting mash and brick hammers); rubber mallets and T squares.
(b) Carpenters - Dogs and cramps of all descriptions; bars of all descriptions over 61 cm long; augers of all sizes; star bits and bits not ordinarily used in a brace, including dowelling bits; hammers (except claw hammers and tack hammers); glue pots and glue brushes; dowel plates; trammels, hand thumb screws and soldering irons.
(c) Plasterers shall be provided with overalls when required to brush on to walls and ceilings bondcrete, plasterweld, or similar substances. The approved grass brush to perform the work prescribed in this subclause shall be provided by the employer.
(d) Plumber - Metal pots; mandrills; long dummies; stock and dies for iron, copper and brass pipes'; cutters; tongs; vices; taps and drills; ratchets; files; cramps, caulking tools; hacksaw and blades; welding and brazing outfits, goggles where necessary and liquid petroleum gas equipment where necessary and all shop tools, the usual kit bag of tools only to be supplied by the employee.
(e) Electricians - An employer shall provide for the use of tradespersons a hacksaw and blades; all power tools; special purpose tools; precision measuring instruments and electrical measuring and/or testing instruments where the use of such equipment is reasonable and necessary.
(f) Painters and Signwriters to be supplied with all brushes.
(g) All power tools shall be provided where in the opinion of the employer they are necessary.
(vi)
(a) Clause 24 (vi) shall not apply to employees of the Ambulance Service.
(b) Sufficient, suitable and serviceable protective attire shall be supplied, free of cost to each employee required to wear it, provided that any employee to whom new attire or a part thereof has been supplied by the hospital who, without good reason fails to return the corresponding article last supplied, shall not be entitled to have such article replaced without payment therefore at a reasonable price in the absence of a satisfactory reason for the loss of such article or failure to produce such attire or part thereof.
(c) An employee on leaving the service of the employer shall return any uniform or part thereof supplied by the employer which is still in use by that employee immediately prior to leaving.
(vii)
(a) Clause 24 (vii) shall not apply to employees of the Ambulance Service.
(b) Sufficient, suitable and serviceable overalls or alternative garments, as may be agreed to between tradespersons and the employer, in lieu of overalls, shall be laundered by the employer.
(c) If the overalls or alternative garments of the employee cannot be laundered by or at the expense of the employer, an allowance as set out at Table 3 per week shall be paid to such employee.
(d) Any employee to whom overalls or alternative garments have been supplied by the employer, who, without good reason fails to return the corresponding article last supplied, shall not be entitled to have such article replaced without payment therefore at a reasonable price in the absence of a satisfactory reason for the loss of such article or failure to produce such attire or part thereof.
(e) An employee on leaving the service of the employer shall return any uniform or part thereof supplied by the employer which is still in use by that employee immediately prior to leaving.
(viii) Ambulance Service Uniform and Protective Clothing.
(a) The Ambulance Service shall provide each new employee with sufficient, suitable and serviceable uniforms as determined by the Ambulance Service.
(b) Uniforms shall be issued to all maintenance officers annually on the employee’s anniversary date.
(c) The issue of uniforms shall be to the value contained in Table 3.
(d) The ambulance service shall provide any other special clothing which the ambulance service requires the employee to wear.
(e) Articles of special clothing issued under subclause (d) shall be replaced by the Ambulance Service on the basis of sufficient, suitable and serviceable clothing when required.
(f) Articles of special clothing issues under subclause (d) shall remain the property of the Ambulance Service and shall be returned upon the request of the Ambulance Service.
(g) Any request for uniform replacement by the Ambulance Service or the employee will not be reasonably refused.
(h) In the event of any difficulties with the application of the above provisions, the Award ‘Issues Resolution Procedures’ may be utilised.
(i) Where the Ambulance Service elects not to launder, or not to have laundered at its own expense the overall or alternative garments to overalls of maintenance officers, the employee is to be paid the laundry allowance per week as set out in Table 3.
(ix) In the event that it is necessary for an employee in the course of his/her duties to use tools other than those of his/her own trade, such tools shall be supplied by the employer.
25. Climatic and Isolation Allowance
(i) Subject to subclause (ii) of this clause, persons employed in places situated upon or to the west of a line drawn as herein specified shall be paid an allowance as set out at Table 2 (Schedule B) per week in addition to the salary to which they are otherwise entitled.
The line shall be drawn as follows, viz., commencing at Tocumwal and thence to the following towns in the order stated, namely, Lockhart, Narrandera, Leeton, Peak Hill, Gilgandra, Dunedoo, Coolah, Boggabri, Inverell and Bonshaw.
(ii) Persons employed in places situated upon or to the west of a line drawn as herein specified shall be paid an allowance as set out at Table 2 (Schedule B) per week in addition to the salary to which they are otherwise entitled. The line shall be drawn as follows: commencing at a point on the right bank of the Murray River opposite Swan Hill (Victoria) and thence to the following towns, in the order stated, namely, Hay, Hillston, Nyngan, Walgett, Collarenebri and Mungindi.
(iii) Except for the computation of overtime the allowances prescribed by this clause shall be regarded as part of the salary for the purposes of this Award.
26. Damage to Or Loss of Clothing Or Tools
(i) An employee whose clothing, footwear or tools are spoiled by acids or sulphur, other deleterious substance or fire, due to the circumstances of his/her employment shall be recompensed by his/her employer to the extent of his/her loss.
(ii) The employer shall insure and keep insured, to the extent of the amount set out at Table 3, clothing and tools of employees against loss, destruction or damage by fire, acid or other deleterious substances or breaking and entering whilst securely stored on the employers' premises.
(iii) The employer shall provide at the place of work a suitable and secure weather-proof lock-up solely for the purpose of storing employees tools. Where such lock-up is not provided and tools are stolen by reason of the employers default he/she shall compensate the employee to the extent of his/her loss.
(iv) The employee shall, if requested to do so, furnish the employer with a list of his/her tools.
(v) The limit on insurance coverage is described in subclause (ii) and prescribed in Table 3. This limit shall not apply to Motor Mechanics employed in the Ambulance Service provided that an agreed list of tools has been provided by the Motor Mechanic and signed by both the Motor Mechanic and the Fleet Manager for the Ambulance Service.
27. Transport of Employee's Tools
(i) Where an employee in the course of a normal working day is required to travel from one location to another, or from place to place outside of workplace precincts the employer shall provide transport for the employee and all necessary tools of trade. However, should the employee, with the approval of the employer, use his/her/her own means of transport then they shall be entitled to a Transport Allowance in accordance with those prescribed from time to time by the Public Employment Office.
(ii) On termination of employment of an employee leaving the employer's premises by public transport, the employer shall provide transport for the employee's tools to the nearest public conveyance except where the employee gives notice or is dismissed for misconduct.
28. Annual Leave
(i) All employees: See Annual Holidays Act 1944.
(ii) Where an employee's allocated day off duty, on pay, falls due during a period of annual leave such day shall be taken on the next working day immediately following the period of annual leave.
(iii)
(a) Employees who are rostered to work their ordinary hours on Sundays and/or public holiday during a qualifying period of employment for annual leave purposes shall be entitled to receive additional annual leave as follows:
(1) if 35 ordinary shifts on such days have been worked - one week (five working days);
(2) if less than 35 ordinary shifts on such days have been worked and the employees work 38 hours per week - proportionately calculated on the basis of 38 hours' leave for 35 such shifts worked;
(3) if less than 35 ordinary shifts on such days have been worked and the employees work less than 38 hours per week - proportionately calculated on the basis of leave equivalent to the number of hours ordinarily worked per week for 35 such shifts worked. The calculations referred to above shall be made to the nearest one-fifth of the ordinary hours (38 hours) worked, half or more than half of one-fifth being regarded as one-fifth and less than half being disregarded.
(b) Provided further that on termination of employment shift workers shall be entitled to payment for any untaken annual leave due under this subclause (on the basis of 7.6 hours per day) together with payment for any untaken annual leave in respect of an uncompleted year of employment.
(iv) The employer shall give to each employee three months' notice where practicable and not less than one month's notice of the date upon which the employee shall enter upon annual leave.
(v) A shift worker shall be paid, whilst on annual leave his/her ordinary pay plus shift allowance and weekend penalties relating to ordinary time the shift worker would have worked if he/she had not been on annual leave. Provided that shift allowances and weekend penalties shall not be payable for the allocated day off duty on pay which may fall on the first day off duty in the annual leave period or for public holidays which occur during the period of annual leave or for days which have been added to the annual leave in accordance with the provisions of clause 22, Public Holidays.
(vi) Employees shall be entitled to an annual leave loading of 17? per cent, or shift penalties as set out in subclause (v) of this clause, whichever is the greater.
The conditions relating to the grant of leave loading are set out in the Corporation's Determination No. 2 of 1975, dated 11 February, 1975.
29. Long Service Leave
(i)
(a) Each employee shall be entitled to two months' long service leave on full pay after ten years' service; thereafter additional long service leave shall accrue on the basis of five months' long service leave for each ten years' service.
(b) Where the services of an employee with at least five years' service and less than ten years' service are terminated by the employer for any reason other than the employee's serious and wilful misconduct, or by the employee on account of illness, incapacity or domestic or other pressing necessity, he/she shall be entitled to be paid a proportionate amount for long service leave on the basis of two months' long service leave for ten years' service.
(ii) For the purposes of subclause (i) of this clause:
(a) service shall mean continuous service in one or more hospitals/Ambulance Service. For the purpose of this paragraph, continuous service shall have the same meaning as in the Transferred Officers Extended Leave Act 1961;
(b) broken periods of service in one or more hospitals/Ambulance Service shall count as service subject to the following:
(1) where an employee, after ceasing employment in a hospital/Ambulance Service, is re-employed in a hospital/Ambulance Service subsequent to 1st January, 1973, any service of that employee before he/she was so re-employed shall not be counted for the purpose of determining any long service leave due to that employee in respect of his/her service after he/she was so re-employed unless he/she has completed at least five years' continuous service from the date of his/her being so re-employed.
(2) an employee employed in a hospital/Ambulance Service at the 1st January, 1973, but who was not entitled to count broken service under the provisions of the Award in force prior thereto shall not be entitled to count such broken service until he/she has completed at least five years' continuous service from the date upon which he/she commenced his/her current period of employment.
(3) an employee employed in a hospital/Ambulance Service at the 1st January, 1973, and who was entitled to count broken service under the provisions of the Award in force prior thereto shall be entitled to count such broken service prior to 1st January, 1973.
(c) service shall not include any period of leave without pay except in the case of employees who have completed at least ten years' service (any period of absence without pay being excluded therefrom) in which case service shall include any period of leave without pay not exceeding six months taken after the 1st January, 1973.
(iii) Long service leave shall be taken at a time mutually arranged between the employer and the employee.
(iv)
(a) On the termination of employment of an employee otherwise than by his/her death, an employer shall pay to the employee the monetary value of all long service leave accrued and not taken at the date of such termination and such monetary value shall be determined according to the salary payable to the employee at the date of such termination; provided that where an employee is transferring between hospitals and or Ambulance/Service he/she may, if he/she so desires and by agreement with his/her present employer and his/her proposed employer, be allowed to retain his/her credit to long service leave in lieu of payment of the monetary value under this subclause.
(b) Where an employee who has acquired a right to long service leave, or after having had five years' service and less than ten years' service, dies, the widow or widower, the children of such employee, of if there is not such widow, widower or children such person who, in the opinion of the employer was at the time of the death of such employee, a dependent relative of such employee, shall be entitled to receive the monetary value of the leave not taken or which would have accrued to such employee had his/her services terminated as referred to in paragraph (b) of subclause (i) and such monetary value shall be determined according to the salary payable to the employee at the time of his/her death.
Where there is a guardian of any children entitled under this paragraph the payment, to which such children are entitled, may be made to such guardian for their maintenance, education and advancement.
Where there is no person entitled under this paragraph to receive the monetary value of any leave payable under the foregoing provisions payment in respect thereof shall be made to the legal personal representative of such employee.
(v) Except as provided for in subclause (vi) of this clause, rights to long service leave under this clause shall be in replacement of rights to long service leave, if any, which at the date of commencement of this Award may have accrued or may be accruing to an employee and shall apply only to persons in the employ of the employer on or after the date of commencement of this Award. Where an employee has been granted long service leave or has been paid its monetary value prior to the date of commencement of this Award, the employer shall be entitled to debit such leave against any leave to which the employee may be entitled pursuant to this clause.
(vi) An employee who is employed in a hospital, to which Clause 25 Climatic and Isolation Allowance applies as at the 1st January, 1973, shall be granted long service leave in accordance with the long service leave provisions in force prior to the 1st January, 1973, in lieu of the provisions provided by this Award, where such benefits are more favourable to the employee.
(vii)
(a) Where an employee has accrued the right to an allocated day off duty, on pay, prior to entering on a period of long service leave, such day shall be taken on the next working day immediately following the period of long service leave.
(b) In all other circumstances the accrued time in credit (accumulated at 0.4 of one hour for each day worked in the 20 day work cycle immediately preceding the leave) shall count towards payment for the next allocated day off duty, on pay, occurring in sequence after the employee's return to duty.
(c) Provided further that no accrual of 0.4 of an hour shall be attracted to the paid days off during the period of long service leave and such days shall be paid for at the rate of 7.6 hours per day.
Notwithstanding the foregoing the employee on returning to duty from long service leave shall be given his/her next allocated day off duty, on pay, in sequence irrespective of whether sufficient credits have been accumulated or not.
30. Sick Leave
(i)
(a) A full-time employee shall be entitled to sick leave on full pay calculated by allowing eighty ordinary hours off work for each year of continuous service up to 24 May 1982, and 76 ordinary hours thereafter for each further year of continuous service provided that for the purpose of determining an employee's sick leave credits as at 24 May 1982, sick leave in hand shall be proportioned on the basis of 80:76 and henceforth each day's absence shall be deducted at 7.6 hours.
(b) Employees of the Ambulance Service who (as at 27 March 2000) were accruing sick leave at the rate of 15 days per annum will continue to do so. This accrual is specific to those employees on a personal basis and will not flow to any other employees.
(c) All periods of sickness shall be certified to by the Medical Superintendent, or by a legally qualified Medical Practitioner, provided however, that the employer may dispense with the requirements of a medical certificate where the absence does not exceed two (2) consecutive days or where in the employer's opinion the circumstances are such as not to warrant such requirements.
(d) The employer shall not change the rostered hours of work of an employee, fixed by the roster or rosters applicable to the employee, seven days immediately following the commencement of sick leave merely by reason of the fact that the employee is on sick leave.
(e) An employee shall not be entitled to sick leave until after three months' continuous service.
(f) Service for the purpose of this clause shall mean service in a public hospital/Ambulance Service and shall be deemed to have commenced on the date of engagement by a public hospital/Ambulance Service in respect of any period of employment with that hospital/Ambulance Service.
(g) "Continuous Service" for the purposes of this clause, shall be calculated in the same manner as provided under paragraph (a) of subclause (ii) of clause 29, Long Service Leave, excepting that all periods of service in any hospital/Ambulance Service (providing such service is not less than three months' actual service) shall be counted.
(h) Each employee shall take all reasonably practicable steps to inform the employer of his/her inability to attend for duty and as far as possible state the estimated duration of the absence. Where practicable such notice shall be given within twenty-four hours of the commencement of such absence.
(ii) An employee shall not be entitled to sick leave on full pay for any period in respect of which such employee is entitled to accident pay, or workers' compensation; provided, however, that where an employee is not in receipt of accident pay, an employer shall pay to an employee, who has sick leave entitlements under this clause, the difference between the amount received as workers' compensation and full pay. The employee's sick leave entitlement under this clause shall, for each week during which such difference is paid, be reduced by the proportion of hours which the difference bears to full pay. On the expiration of available sick leave, weekly compensation payments only shall be payable.
31. Miscellaneous Leave Conditions
(i) Employees shall be granted Parental Leave in accordance with Health Department Circular No. 98/93, as it is amended or superseded from time to time, provided that such amendments or successors will not have force under this Award if they have the effect of providing a set of entitlements on this subject which are overall less beneficial than any relevant ‘test case’ decision as defined.
(ii) Employees shall be granted Repatriation Leave in accordance with Health Department Circular No. 1732 of 1968, as it is amended or superseded from time to time, provided that such amendments or successors will not have force under this Award if they have the effect of providing a set of entitlements on this subject which are overall less beneficial than any relevant ‘test case’ decision as defined.
(iii) Employees shall be granted Study Leave in accordance with Health Department Circular 98/102, as it is amended or superseded from time to time, provided that such amendments or successors will not have force under this Award if they have the effect of providing a set of entitlements on this subject which are overall less beneficial than any relevant ‘test case’ decision as defined.
(iv) Employees shall be granted Military Leave in accordance with Health Department Circular No. 1512 of 1965, as it is amended or superseded from time to time, provided that such amendments or successors will not have force under this Award if they have the effect of providing a set of entitlements on this subject which are overall less beneficial than any relevant ‘test case’ decision as defined.
(v) Employees shall be granted Personal Carers and FACS (Family and Community Services) Leave in accordance with Health Department Circular No 97/11, as it is amended or superseded from time to time, provided that such amendments or successors will not have force under this Award if they have the effect of providing a set of entitlements on this subject which are overall less beneficial than any relevant ‘test case’ decision as defined.
(vi) Employees shall be granted severance pay in accordance with the Health Department Circular 98/47, as it is amended or superseded from time to time, provided that such amendments or successors will not have force under this Award if they have the effect of providing a set of entitlements on this subject which are overall less beneficial than any relevant ‘test case’ decision as defined.
32. Issues Resolution Procedures
The parties agree that every effort will be made to settle any grievance or dispute amicably between the parties as quickly as possible and that they will comply with the following procedures:
(i) When any dispute develops at a particular work place which cannot be resolved, discussion should firstly take place between the employee/s and the immediate supervisor to try and resolve the matter. If it cannot be resolved at this level then:
(ii) The matter should be raised with the supervisor by the employee/s or their union representative, if it cannot be resolved then:-
(iii) Discussions shall include representatives of senior management of the Area Health Service and relevant union/s, if it cannot be resolved, then:-
(iv) When all the above steps have been exhausted, either party may submit the dispute to the Industrial Relations Commission which may exercise its functions under the Industrial Relations Act 1996.
(v) Nothing in these procedures will preclude the Area Health Service and any union concerned from entering into direct negotiations in any matter. Nor will these procedures preclude an Area Health Service or relevant union from seeking the assistance of the Industrial Relations Commission on any health or safety issue of concern to the employees in question.
(vi) The parties agree that during these procedures normal work will continue and there will be no stoppages of work, lockouts, or any other bans or limitations on the performance of work. An Area Health Service will consult with relevant unions in relation to any proposal that work done in the Health Service by tradespersons covered by this Award be contracted out.
33. Living Away from Home Allowance
(i) Where an employee is required to work at a place other than his/her/her normal place of work and the distance or travelling facilities make it reasonably necessary for the employee to temporarily reside at other than his/her/her normal residential accommodation the employer shall provide suitable free accommodation and meals for the employee or pay an allowance as set out at Table 3 per day. Where two or more employees are involved then uniformity of application of this provision shall prevail unless an employee or employees request otherwise.
(ii) All fares and travelling expenses involved in conveyance of the employee and his/her/her tools of trade to or from such temporary places of residence shall be paid by the employer: Provided no fares or expenses shall be paid where:
(a) An employee travels to or from such place of temporary residence without the approval of the employer or
(b) the employee terminates his/her/her own employment or is dismissed by the employer for gross or wilful misconduct.
(iii) Time spent in travelling (outside normal working hours) to or from temporary places of residence shall be paid for at ordinary rates of pay provided that no employee shall receive payment for more than eight hours travelling time on any one day irrespective of whether work has been performed on that day or not.
34. Exhibition of Award
See section 361 of the Industrial Relations Act 1996, which provides for the exhibition of industrial instruments in the workplace.
35. Consultative Committees
Each Area Health Service and the Ambulance Service shall establish a Trades Staff Consultative Committee (the Committee) on the following basis:
The Committee will consist of an equal number of representatives nominated by the employer and representatives of the tradespersons covered by this Award as nominated by the Unions.
The Committee is intended by the parties to advise and assist the statewide Productivity Savings Committee on all productivity savings issues and provide a local forum for information exchange and consultation. To these ends, the Committee will meet during normal working hours as often as is reasonably required.
Union officials and other management employees can be invited to attend meetings on an ad hoc basis where it is considered appropriate by either employee or employer representatives on the Committee. However, such attendance will not constitute membership of the Committee.
The parties intend that the operation of the Committee will in no way diminish the rights and obligations of the parties in relation to Award Issues Resolution Procedures. The Committee may participate in the resolution of industrial issues the subject of Award Issues Resolution Procedures where it is of the view that it is reasonable to do so and provided that such participation shall not prejudice the rights of any party.
36. Union Dues
Subject to an employee's written authorisation, the employer will automatically deduct union dues from the pay of union members, subject to current payroll practice and restrictions.
37. Rights of Union Delegates
An employee appointed as union delegate shall, upon notification to the employer, be recognised as an accredited representative of the union and shall be allowed reasonable time during working hours to interview the employer (or representative) on matters affecting those he/she represents.
38. Anti-Discrimination
(i) It the intention of the parties bound by this Award to seek to achieve the object in section 3 (f) of the Industrial Relations Act 1996 to prevent and eliminate discrimination in the workplace. This includes discrimination on the grounds of race, sex, marital status, disability, homosexuality, transgender identity and age.
(ii) It follows that in fulfilling their obligations under the Issues Resolution Procedure prescribed by this Award the parties have obligations to take all reasonable steps to ensure that the operation of the provisions of this Award are not directly or indirectly discriminatory in their effects. It will be consistent with the fulfilment of these obligations for the parties to make application to vary any provision of the Award which, by its terms or operation, has a direct or indirect discriminatory effect.
(iii) Under the Anti-Discrimination Act 1977, it is unlawful to victimise an employee because the employee has made or may make or has been involved in a complaint of unlawful discrimination or harassment.
(iv) Nothing in this clause is to be taken to affect:
(a) any conduct or act which is specifically exempted from anti-discrimination legislation;
(b) offering or providing junior rates of pay to persons under 21 years of age;
(c) any act or practice of a body established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977;
(d) a party to this Award from pursuing matters of unlawful discrimination in any State or Federal jurisdiction.
(v) This clause does not create legal rights or obligations in addition to those imposed upon the parties by the legislation referred to in this clause.
39. No Extra Claims
The parties agree that the increases contained in this Award fully recognise all work value changes up to and including 1 July 2000.
During the life of this Award, no wages or other claims may be made, except if expressly provided for or otherwise agreed between the parties.
40. Leave Reserved
During the term of this Award, application to the Industrial Relations Commission of New South Wales may be made from time to time to increase Expense Related Allowances to reflect relevant movements in the CPI, following movements in the Crown Employees (Skilled Trades) Award.
41. Area, Incidence and Duration
This Award shall apply to employees (and apprentices where specifically referred to) of the classifications mentioned in clause 2, Definitions who are employed by "Area Health Services" as defined in this Award and also the Ambulance Service of New South Wales. Such employment being within the state of New South Wales, excluding the County of Yancowinna, within the jurisdiction of the Public Hospitals Skilled Trades Industrial Committee.
This award rescinds and replaces the Public Hospitals Skilled Trades (State) Award and The Ambulance Service of New South Wales Maintenance Officers - Enterprise Agreement and all variations thereof, and will apply on and from 16 October 2001 and shall remain in force until 30 June 2002.
PART B
MONETARY RATES
Table 1 (Schedule A)
Weekly Wages - and Tool Allowances from 1 July 2000
Each date referred to in the table is a reference to the first full pay period to commence on or after that date.
The effective date for the rates in the table below has not been awarded by the Industrial Relations Commission of NSW. It will be implemented by administrative action in accordance with an agreement between the parties.
(Note: Excepting for Electrical Trades classifications, Tool Allowances are expense related allowances).
| |Weekly Wage |Weekly Wage |Weekly |Weekly |Tool |
| |Level 1 |Level 2 |Wage |Wage |Allowance |
|Description |from |(Level 1 |Level 3 |Level 4 |from |
| |1/7/2000 |plus 5%) |(Level 1 |(Level 1 |11/9/01 |
| | |from |plus 10% |plus 15%) | |
| | |1/7/2000 |from |from | |
| | | |1/7/2000 |1/7/2000 | |
|Fitter, Motor Mechanic and | | | | | |
|Welder First Class |584.70 |613.90 |643.20 |672.40 |20.90 |
|Mechanical Tradesperson Special Class is paid as Fitter/Motor Mechanic Level 2 plus Tool Allowance |
|From 1/7/97 and thereafter. |
|Welder Special Class is paid as Welder 1st Class plus Additional Wage Rates plus Tool Allowance. |
|Plumber |590.20 |619.70 |649.20 |678.70 |20.90 |
|Plumbers acting on Plumbers/Drainers/Gasfitters licences and combinations are paid as Plumber plus |
|Additional Wage Rates plus Tool Allowance. |
|Carpenter |586.20 |615.50 |644.80 |674.10 |20.90 |
|Painter/Spray Painter |586.20 |615.50 |644.80 |674.10 |5.20 |
|Signwriter |599.30 |629.30 |659.20 |689.20 |5.20 |
|Plasterer |586.20 |615.50 |644.80 |674.10 |17.20 |
|Floor/Wall Tiler and Bricklayer |586.20 |615.50 |644.80 |674.10 |14.80 |
|Upholsterer |605.70 |636.00 |666.30 |696.60 |5.80 |
|Blindmaker |581.60 |610.70 |639.80 |668.80 |5.80 |
|Electrical Tradesperson |620.40 |651.40 |682.40 |713.50 |Table 2 |
|Electrical Instrument Fitter |649.90 |682.40 |714.90 |747.40 |Table 2 |
|Elec Fitter & Asst to Chief Eng.-Syd Hosp/Elec Fitter & Asst to Chief Eng - Other Hosp/Plant |
|Electrician/Electrician in Charge of Generating Plant are paid as Electrical Tradesperson plus Additional |
|Wage Rates plus Tool Allowance |
|Sci. Instrument Maker and Tool | | | | | |
|Maker |604.10 |634.30 |664.50 |694.70 |20.90 |
Table 1 (Schedule B)
Weekly Wages - and Tool Allowances from 1 July 2001
Each date referred to in the table is a reference to the first full pay period to commence on or after that date.
The effective date for the rates in the table below has not been awarded by the Industrial Relations Commission of NSW. It will be implemented by administrative action in accordance with an agreement between the parties.
(Note: Excepting for Electrical Trades classifications, Tool Allowances are expense related allowances).
| |Weekly |Weekly |Weekly |Weekly |Tool |
| |Wage |Wage |Wage |Wage |Allowance |
|Description |Level 1 |Level 2 |Level 3 |Level 4 |from |
| |From |(Level 1 |(Level 1 |(Level 1 |11/9/01 |
| |1/7/2001 |plus 5%) |plus 10% |plus 15%) | |
| | |from |from |from | |
| | |1/7/2001 |1/7/2001 |1/7/2001 | |
|Fitter, Motor Mechanic and Welder | | | | | |
|First Class |596.40 |626.20 |656.00 |685.90 |20.90 |
|Mechanical Tradesperson Special Class is paid as Fitter/Motor Mechanic Level 2 plus Tool Allowance |
|from 1/7/97 and thereafter. |
|Welder Special Class is paid as Welder 1st Class plus Additional Wage Rates plus Tool Allowance. |
|Plumber |602.00 |632.10 |662.20 |692.30 |20.90 |
|Plumbers acting on Plumbers/Drainers/Gasfitters licences and combinations are paid as Plumber plus |
|Additional Wage Rates plus Tool Allowance. |
|Carpenter |597.90 |627.80 |657.70 |687.60 |20.90 |
|Painter/Spray Painter |597.90 |627.80 |657.70 |687.60 |5.20 |
|Signwriter |611.30 |641.90 |672.40 |703.00 |5.20 |
|Plasterer |597.90 |627.80 |657.70 |687.60 |17.20 |
|Floor/Wall Tiler and Bricklayer |597.90 |627.80 |657.70 |687.60 |14.80 |
|Upholsterer |617.80 |648.70 |679.60 |710.50 |5.80 |
|Blindmaker |593.20 |622.90 |652.50 |682.20 |5.80 |
|Electrical Tradesperson |632.80 |664.40 |696.10 |727.70 |Table 2 |
|Electrical Instrument Fitter |662.90 |696.00 |729.20 |762.30 |Table 2 |
|Elec Fitter & Asst to Chief Eng.-Syd Hosp/Elec Fitter & Asst to Chief Eng - Other Hosp/Plant |
|Electrician/Electrician in Charge of Generating Plant are paid as Electrical Tradesperson plus Additional |
|Wage Rates plus Tool Allowance |
|Sci. Instrument Maker and Tool | | | | | |
|Maker |616.20 |647.00 |677.80 |708.60 |20.90 |
Table 2 (Schedule A)
Additional and Special Rates/Allowances from 1 July 2000
The effective date for the Additional and Special Rates/Allowances in this Schedule A were not awarded by the Industrial Relations Commission of NSW. It will be implemented by administrative action in accordance with an agreement between the parties.
The date referred to in this Table is a reference to the first full pay period to commence on or after that date.
|Clause |Allowance Type |Operative date of |
| | |1/7/2000 |
|7(i) |Electricians License | |
| |Grade A |28.25 |
| |Grade B |15.40 |
|7(ii) |Lead Burner |0.58 |
|7(iii) |Plumbers - combination of licenses | |
| |Plumbers license |28.05 |
| |Gasfitters license |28.05 |
| |Drainers license |22.85 |
| |Plumbers & gasfitters license |37.03 |
| |Plumbers & drainers license |37.03 |
| |Gasfitters & drainers license |37.03 |
| |Plumbers, gasfitters & drainers license |51.61 |
|7(iv) |Plumbers/Gasfitters/Drainers | |
| |Reg. Cert |0.55 |
|7(v) |Electric Welding |0.44 |
|7(vi) |Computing Quantities |3.53 |
|7(vii) |Boiler Attendants Certificate |4.36 |
|7(viii) |BMC Operator |22.64 |
|7(ix) |Motor Mechanic |0.45 |
| |Motor Mechanic per day |1.80 |
|7(x) |Out of hours paging |9.01 |
|7(xi) |Elec Fitter & Asst to Chief Eng.-Sydney Hospital |39.88 |
| |Elec Fitter & Asst to Chief Eng.-Other Hosp. |31.82 |
| |Electrician in Charge of Generating Plant less than 75 kilowatts. |11.73 |
| |Electrician in charge of Generating Plant 75 Kilowatts or more |40.70 |
| |Plant Electrician |38.25 |
|7(xii) |Welder Special Class |7.28 |
|8 |Tool Allowance - Electrical Trades |11.63 |
|9(i)(b) |Leading Hand Electrician |38.25 |
|9(ii) |Leading Hand - Other than Electricians | |
|(a) |I/C up to 5 employees |29.17 |
|(b) |I/C 6 up to 10 employees |38.15 |
|(c) |I/C over 10 employees |48.86 |
|10(i) |Cold Place |0.46 |
|10(ii) |Confined Spaces |0.55 |
|10(iii) |Dirty Work |0.46 |
|10(iv) |Height Money |0.46 |
|10(v) |Hot Places - 46C - 54C |0.46 |
| |Hot Places - more than 54C |0.55 |
|10(vi)(a) |Insulation Material |0.55 |
|10(vi)(b) |Asbestos |0.55 |
|10(vii) |Smoke Boxes etc |0.33 |
| |Oil fired Boiler |1.15 |
|10(viii)(a)(1) |Wet Places - other than rain |0.46 |
|10(viii)(a)(2) |Rain |0.46 |
|10(viii)(b) |Mud Allowance |3.58 |
|10(ix)(a)(b) |Acid Furnaces etc. |2.36 |
|10(x) |Depth Money |0.46 |
|10(xi)(a) |Swing Scaffolds other than plasterers | |
| |First four hours |3.34 |
| |Thereafter |0.71 |
|10(xi)(b) |Swing Scaffolds - plasterers |0.11 |
|10(xii) |Spray Application |0.46 |
|10(xiii) |Working Secondhand timber |1.79 |
|10(xiv) |Roof Work |0.46 |
|10(xv) |Explosive Powered Tools |1.10 |
|10(xvi) |Morgues |0.52 |
|10((xvii)(a) |Toxic, Obnox - Epoxy Materials |0.55 |
|10(xvii)(b) |Toxic, Obnox Sub A/C not operating |0.39 |
|10(xvii)(d) |Close proximity to above |0.46 |
|10(xviii) |Psychiatric Patients (PH Ward) |0.39 |
|10(xix) |Animal House |0.32 |
|10(xxi) |Asbestos Eradication |1.55 |
|10(xxiii)(a) |Psychiatric Hospitals |0.90 |
|10(xxiii)(b) |Geriatric Allowances | |
| |Allandale/Garrawarra |0.32 |
| |Lidcombe (former) |0.30 |
|11 |Thermostatic Mixing Valve |15.37 |
|12 |Chokages |5.36 |
|13 |Fouled Equipment |5.36 |
|25(i) |Climatic and Isolation Allowance |5.08 |
| |Climatic and Isolation Allowance |10.19 |
Table 2 (Schedule B)
Additional and Special Rates/Allowances from 1 July 2001
The effective date for the Additional and Special Rates/Allowances in this Schedule A were not awarded by the Industrial Relations Commission of NSW. It will be implemented by administrative action in accordance with an agreement between the parties.
The date referred to in this Table is a reference to the first full pay period to commence on or after that date.
|Clause |Allowance Type |Operative date |
| | |of 1/7/2001 |
|7(i) |Electricians License | |
| |Grade A |28.82 |
| |Grade B |15.71 |
|7(ii) |Lead Burner |0.59 |
|7(iii) |Plumbers - combination of licenses | |
| |Plumbers license |28.61 |
| |Gasfitters license |28.61 |
| |Drainers license |23.30 |
| |Plumbers & gasfitters license |37.77 |
| |Plumbers & drainers license |37.77 |
| |Gasfitters & drainers license |37.77 |
| |Plumbers, gasfitters & drainers license |52.64 |
|7(iv) |Plumbers/Gasfitters/Drainers | |
| |Reg. Cert |0.56 |
|7(v) |Electric Welding |0.45 |
|7(vi) |Computing Quantities |3.60 |
|7(vii) |Boiler Attendants Certificate |4.44 |
|7(viii) |BMC Operator |23.09 |
|7(ix) |Motor Mechanic |0.46 |
| |Motor Mechanic per day |1.83 |
|7(x) |Out of hours paging |9.19 |
|7(xi) |Elec Fitter & Asst to Chief Eng.-Sydney Hospital |40.68 |
| |Elec Fitter & Asst to Chief Eng.-Other Hosp. |32.46 |
| |Electrician in Charge of Generating Plant less than 75 kilowatts. |11.96 |
| |Electrician in charge of Generating Plant 75 Kilowatts or more |41.51 |
| |Plant Electrician |39.02 |
|7(xii) |Welder Special Class |7.43 |
|8 |Tool Allowance - Electrical Trades |11.86 |
|9(i) (b) |Leading Hand Electrician |39.02 |
|9(ii) |Leading Hand - Other than Electricians | |
|(a) |I/C up to 5 employees |29.75 |
|(b) |I/C 6 up to 10 employees |38.91 |
|(c) |I/C over 10 employees |49.84 |
|10(i) |Cold Place |0.47 |
|10(ii) |Confined Spaces |0.56 |
|10(iii) |Dirty Work |0.47 |
|10(iv) |Height Money |0.47 |
|10(v) |Hot Places - 46ºC - 54ºC |0.47 |
| |Hot Places - more than 54ºC |0.56 |
|10(vi)(a) |Insulation Material |0.56 |
|10(vi)(b) |Asbestos |0.56 |
|10(vii) |Smoke Boxes etc |0.34 |
| |Oil fired Boiler |1.17 |
|10(viii)(a)(1) |Wet Places - other than rain |0.47 |
|10(viii)(a)(2) |Rain |0.47 |
|10(viii)(b) |Mud Allowance |3.65 |
|10(ix)(a)(b) |Acid Furnaces etc. |2.40 |
|10(x) |Depth Money |0.47 |
|10(xi)(a) |Swing Scaffolds other than plasterers | |
| |First four hours |3.40 |
| |Thereafter |0.72 |
|10(xi)(b) |Swing Scaffolds - plasterers |0.11 |
|10(xii) |Spray Application |0.47 |
|10(xiii) |Working Secondhand timber |1.82 |
|10(xiv) |Roof Work |0.47 |
|10(xv) |Explosive Powered Tools |1.12 |
|10(xvi) |Morgues |0.53 |
|10((xvii)(a) |Toxic, Obnox - Epoxy Materials |0.56 |
|10(xvii)(b) |Toxic, Obnox Sub A/C not operating |0.40 |
|10(xvii)(d) |Close proximity to above |0.47 |
|10(xviii) |Psychiatric Patients (PH Ward) |0.40 |
|10(xix) |Animal House |0.32 |
|10(xxi) |Asbestos Eradication |1.58 |
|10(xxiii)(a) |Psychiatric Hospitals |0.92 |
|10(xxiii)(b) |Geriatric Allowances | |
| |Allandale/Garrawarra |0.33 |
| |Lidcombe (former) |0.31 |
|11 |Thermostatic Mixing Valve |15.68 |
|12 |Chokages |5.46 |
|13 |Fouled Equipment |5.46 |
|25(i) |Climatic and Isolation Allowance |5.18 |
| |Climatic and Isolation Allowance |10.39 |
Table 3 (Schedule A)
Expense Related Allowances (Excluding Tool Allowances)
From the First Full Pay Period to Commence on Or After 11 September 2001
|Award Clause |Allowance Description |Dollar ($) |
|5 (viii) |Meal allowance for meal on overtime |15.70 |
| |For each subsequent meal |6.80 |
|14(a) |Employee required to work at a job away from accustomed | |
| |place of work |14.90 per day |
|24 (vii) (b) |Laundry Allowance |80 cents per week |
|26 (ii) |Damage to clothing and tools - insurance to the extent of |1176.70 |
|33 |Living away from home allowance |305.90 per week or |
| | |43.70 daily |
|24 (viii) |Ambulance Service - uniform provided up to the value of |280 per annum |
Table 4 (Schedule A)
Apprentices Wages and Allowances from 1 July 2000
The date referred to in this table is a reference to the first full pay period to commence on or after that date.
|Apprentice |1st Year from |2nd Year from |3rd Year from |4th Year |
|Weekly |1/7/2000 |1/7/2000 |1/7/2000 |from |
|Wages | | | |1/7/2000 |
|Plumber, |255.20 |338.90 |438.00 |506.40 |
|Fitter, | | | | |
|Electrician, | | | | |
|Carpenter, | | | | |
|Painter, Motor Mechanic | | | | |
|and Bricklayer | | | | |
|Passing Exams - $ per week |1st year |2nd year |3rd year |
| | |1.00 unchanged |2.90 |3.90 |
|Tool Allowances for Apprentices are the same as those of the corresponding Tradesperson at Table 1, |
|except for Apprentice Electricians, who shall be paid the Tool Allowance for Electrical Traces at Table 2. |
|Other Allowances at Table 2, which are relevant to Apprentices (disability allowances etc), will also apply |
Table 4 (Schedule B)
Apprentices Wages and Allowances from 1 July 2001
The date referred to in this table is a reference to the first full pay period to commence on or after that date.
|Apprentice |1st Year from |2nd Year from |3rd Year from |4th Year from |
|Weekly |1/7/2001 |1/7/2001 |1/7/2001 |1/7/2001 |
|Wages | | | | |
|Plumber, |260.30 |345.70 |446.80 |516.50 |
|Fitter, | | | | |
|Electrician, | | | | |
|Carpenter, | | | | |
|Painter, Motor Mechanic | | | | |
|and Bricklayer | | | | |
|Passing Exams - $ per week |1st year |2nd year |3rd year |
| | |1.00 unchanged |3.00 |4.00 |
|Tool Allowances for Apprentices are the same as those of the corresponding Tradesperson at Table 1, |
|except for Apprentice Electricians, who shall be paid the Tool Allowance for Electrical Traces at Table 2. |
|Other Allowances at Table 2, which are relevant to Apprentices (disability allowances etc), will also apply |
Appendix 1
FUNDING AGREEMENT BETWEEN THE COMBINED TRADES GROUP OF UNIONS AND THE NSW DEPARTMENT OF HEALTH.
The following principles of funding are agreed between the combined trades group of unions (Trades) and NSW Department of Health (NSW Health) in respect of wage variations for NSW public hospital skilled trades employees covered by the Public Hospital Employees Skilled Tradesmen (State) Award.
1. The term of the agreement will be 1 July 1996 until 30 June 1998. During the term of the agreement, no wages or other claims may be made, except if expressly provided for or otherwise agreed by the parties.
2. The term of the Award made as a consequence of this agreement will be from the date such Award is made to 30 June 1998.
3. Agreement has been reached between the parties that 10% is available for pay increases to employees covered by the Public Hospital Employees Skilled Tradesmen (State) Award, subject to the conditions regarding productivity savings and timeframes following.
4. From the first full pay period to commence on or after the specified dates, the following base increases will apply in exchange for the commitment by Trades to work co-operatively in identifying and, where agreed, implementing initiatives and reforms in the areas of quality, efficiency, cost effectiveness, productivity improvement and benchmarking.
Such increases fully funded by Consolidated Fund:
(i) 1 July 1996..........3%
(ii) 1 July 1997..........3%
5. In addition to increases funded by the Consolidated Fund, productivity savings adjustments will be available from the first full pay period to commence on or after the specified dates, provided agreement has been reached or arbitration completed in terms of clauses 7, 8, and 9 as follows:
(i) 1 July 1997..........up to 2%
(ii) 30 June 1998........up to 2%
6. In aggregate, increases will be available from the first full pay period to commence on or after the following dates, provided agreement has been reached or arbitration completed in terms of clauses 7, 8 and 9 as follows:
(i) 1 July 1996..........3%
(ii) 1 July 1997..........up to 5%
(iii) 30 June 1998........up to 2%
7. In relation to clause 5, both productivity savings adjustments will be funded in their entirety by productivity savings which enable the increases to be funded on an ongoing basis, without any adverse impact on the Health budget or the planned outcomes of the Government's Health Reform Agenda, with the assessment of NSW Treasury of budgetary impacts treated as conclusive, where such assessments are required.
The final quantum of productivity savings adjustments (up to 2% each) will be subject to the level of productivity savings determined. NSW Health and Trades agree that initiatives which achieve productivity savings should be determined by 30 May 1997 and 15 May 1998 respectively.
Productivity savings adjustments may only be paid pursuant to clause 5 and included in the Award when agreement has been reached or the arbitration process completed as per clause 8 below.
If the parties agree on, or the arbitration process as per clause 8 below determines, productivity savings in excess of the amount required to fund a productivity savings adjustment of 2% pursuant to clause 5 (i), the excess productivity saving will count toward the productivity savings adjustment of up to 2% pursuant to clause 5 (ii).
8. In the event that agreement cannot be reached on productivity savings/productivity savings adjustments by 30 May 1997 and 1998 respectively, the parties may agree to employ the process of arbitration and jointly appoint an independent arbitrator to determine the productivity savings/productivity savings adjustments. In the event that the parties cannot reach agreement on the identity of the arbitrator, the arbitrator will be such person appointed by the President of the Industrial Relations Commission.
In making a determination on productivity savings/productivity savings adjustments referred to in clauses 7 and 9, the arbitrator:
can only have regard to the proposals submitted by NSW Health and/or by Trades or such other proposals that are developed in negotiation with these parties;
must ensure that the productivity savings do produce direct and commensurate financial benefits that enable wage increases to be funded on an ongoing basis, without any adverse impact on the Health Budget or the planned outcomes of the Governments Health Reform Agenda, with the assessment of NSW Treasury of budgetary impacts treated as conclusive, where such assessments are required;
can identify various options at different levels of productivity savings for consideration by the parties and seek to achieve agreement on the preferred option, while having the right to make the final decision on the form of productivity savings in the absence of agreement.
9. Approach to agree on productivity savings:-
9.1 Where Trades/NSW Health have identified across the board savings, this will be agreed at a corporate level. The parties will seek clarification from Health Areas on the extent of savings.
9.2 Where Trades/NSW Health have devolved savings specific to a particular Area which may not have statewide implications, this will require initial advice from Health Areas as to the extent of savings.
Signatories
.......................................................................
Michael Reid, Director-General NSW Health
Witness:
......................................................................
For the Construction, Forestry, Mining, Energy Union, New South Wales Branch
Witness:
......................................................................
Electrical Trades Union of Australia, New South Wales Branch
Witness:
.....................................................................
Plumbers and Gasfitters Employees Union, New South Wales Branch
Witness:
.....................................................................
Australian Manufacturing Workers Union (NSW registered as AFMEPKIU)
Witness:
Appendix 2
HEALTH ADMINISTRATION CORPORATION AND SKILLED TRADES GROUP OF UNIONS
Productivity - NSW Public Health System Memorandum of Understanding
Introduction
This document is a Memorandum of Understanding between:
The Health Administration Corporation and:
Construction, Forestry, Mining, Energy Union. (CFMEU) New South Wales Branch; Electrical Trades Union of Australia. New South Wales Branch; Plumbers and Gasfitters Employees Union. New South Wales Branch; Australian Manufacturing Workers Union (NSW registered as AFMEPKIU).
The document describes the understanding of the parties as to the nature and impact of current and impending productivity improvements across the NSW public hospital system and contains a commitment to cooperate to achieve mutually beneficial outcomes in terms of more effective and efficient service delivery.
Definitions:
For the purpose of this document the following definitions apply:
"the Corporation" means the Health Administration Corporation constituted under the provisions of the Health Administration Act 1982.
"Trades" means the four unions representing skilled trades staff in the public hospital system being:
Construction, Forestry, Mining, Energy Union, New South Wales Branch;
Electrical Trades Union of Australia, New South Wales Branch;
Plumbers and Gasfitters Employees Union, New South Wales Branch;
Australian Manufacturing Workers Union (NSW registered as AFMEPKIU)
"the parties" means the Corporation and the Trades.
the "Funding Agreement" means the document agreed between the parties for skilled tradespersons in the public hospital system which defines salary increases to be paid to employees and the funding of these increases by NSW Treasury or by Productivity Savings (Attachment 1).
Background:
The Corporation and the Trades have signed the Funding Agreement providing for increases in remuneration for their members, and employees in classifications for which the Trades has coverage.
The Funding Agreement includes components for the flow of two productivity savings increases in remuneration to skilled trades staff employed under the Public Hospital Employees Skilled Trades (State) Award of up to 4%.The parties agree that a 4% increase will be prospectively payable from the first full pay period to commence on or after 1 July 1998, which is based upon the realisation of agreed productivity savings. These additional payments must be self-funding.
The Understanding:
The parties acknowledge and accept the importance of continuous improvement in the management and delivery of health services. The principles of total quality management, eg benchmarking and best practice, are accepted as mechanisms for continuous improvement.
The parties acknowledge that productivity improvements will generate financial savings. Such savings should be shared in terms of the Government's Public Sector Wages Policy with the distribution of these benefits between service provision (the interest of consumers), lower cost of services (the interest of tax payers) and improved remuneration (the interest of employees).
In the event of any conflict arising between the Funding Agreement and this Memorandum of Understanding, the latter shall take precedence.
The parties acknowledge and agree that this Memorandum of Understanding is entered to express the joint intention of the parties but it is not intended to and does not give rise to contractual relations.
The parties agree that they enter this Memorandum of Understanding with the view to promoting equity, efficiency and effectiveness in the provision of public health services and access by the community to health services, as well as improving remuneration for employees of Health Services.
The Continuous Improvement Program:
It is understood by the parties that the "Productivity Savings" component of increased remuneration will be funded from an agreed share of savings resulting from Trades co-operation in respect of each component of the Continuous Improvement Program.
The components of the program are:
Improved Efficiency
Service Delivery Redesign
Technological Change
Cost Effectiveness (Service Competition)
Networking of Non-core Services
Revenue Initiatives
Improved Efficiency:
The NSW Government's "Economic Statement for Health" of June 1996 commits the Government to reforming the mechanisms Health Services use to fund their health facilities through the introduction of casemix budgeting. Casemix is a tool in the management of services, the development of budgets and evaluation of quality.
The parties acknowledge that the following options will be explored by Health Services under casemix budgeting to realise efficiencies:
rationalisation of size and distribution of inpatient facilities;
re-definition of roles of acute inpatient facilities, consistent with improved service delivery;
staffing reviews (including the ratio of trades staff to trades apprentices);
change in approach to the use of theatres, pathology and imaging services;
reduced length of stay;
expanded use of day only surgery;
greater productivity of information technology, administration, and other infra-structure services.
The parties acknowledge further a commitment to:
Improving the efficiency of work practices/processes from "request for work" through to completion of the task and beyond (including the completion of work sheets).
The development and support of Asset and Maintenance Management systems, Energy Management systems and systems to reduce equipment purchases/hire costs.
The rationalisation of Maintenance activities/services across Health Services.
The development of more flexible working hours arrangements with mutual agreement between the parties and the reflection of these arrangements if appropriate in industrial instruments.
Service Delivery Redesign:
It is acknowledged that population shifts, changes in morbidity patterns, and modes of treatment demand that the health care delivery system be modified to recognise and to accommodate those changes.
Modifications to delivery of health services may result in more effective services being provided to the community at less than current cost.
As the NSW Health Department identifies health system initiatives that it wishes to address, the Department undertakes to share full detail of those initiatives with the Trades. The Trades undertake to discuss fully with the Department any concerns which the Trades may have in relation to initiatives put forward by the Department.
Technological Change:
The current technology focus is upon the introduction of enhanced information systems and computerised technology to the Health care system. The parties acknowledge that they will co-operate in the re-design of service delivery and working systems to achieve savings associated with new technology.
Cost Effectiveness (Service Competition):
Cost effectiveness (service competition) uses competitive forces to influence components in performance and may include the use of appropriate benchmarking standards, performance indicators and the examination and possible adoption of "best practice" in regard to both the quality and efficiency of a service.
The principles and processes set out in the "Cost Effectiveness Agreement" continue to apply. The parties will also comply with the Government's competition policy.
The parties acknowledge that the purpose of cost effectiveness (service competition) is to realise substantial benefits to the health system. Staff issues will be dealt with in accordance with Government policy, and in particular the provisions of Department of Health Circular No. 98/47 will apply as amended from time to time.
Network of Non-core Services:
There are significant opportunities to network services over all Health Services and within these Services. The Trades agrees to continue to participate where appropriate in the development of programs to rationalise the provision of services.
NSW Health Department has undertaken reviews of the following areas:
Logistics
Linen Services
Pathology Services
Food Services
Medical Imaging
Engineering and Maintenance
Data Centres
The parties acknowledge that the purpose of networking services is to realise substantial benefits to the public health system. Staff issues will be dealt with in accordance with government policy, and in particular the provisions of Department of Health Circular No. 98/47 will apply as amended from time to time.
The review findings will be subjected to cost benefit analysis and benchmarking against best practice. These may form the basis of developing specific networking proposals for implementation within an agreed time-frame.
Revenue Initiatives:
The parties understand that the NSW Health Department and Area Health Services will pursue a range of revenue initiatives. These will be primarily directed at user charges and administrative charges but may also include contracting in (where work is done by Health Service personnel for outside organisations).
Consultation:
The parties agree that there will be ongoing consultation on implementing the various elements of the Continuous Improvement Program outlined in this Memorandum of Understanding. There will also be consultation on maximising the Trades' contribution to the Continuous Improvement Program whilst addressing issues raised by Trades. Established statewide and local consultative forums may be used as appropriate and as may be agreed. However, the Corporation and the Trades may agree to specific discussions on any relevant matters associated with this Memorandum of Understanding.
Issues Resolution:
Local issues will be addressed through the Dispute Resolution procedure of the relevant Award. Statewide issues will be discussed by the Corporation and the Trades. If an issue is not resolved by discussions at a statewide level either party may seek the involvement of a mediator to help the parties resolve the issue. The mediator must be a person agreed by both parties. If the mediation fails to resolve the issue between the parties, or if the parties cannot agree on a mediator within seven days, either party may refer the matter to the New South Wales Industrial Relations Commission. The parties agree that they will ask the Commission to apply this Memorandum of Understanding.
The Commitment -
The parties are committed to:
Harmonious industrial relations in the workplace.
A cooperative and consultative process which will deliver continuous improvement to the health care system.
Achieving financial savings from productivity changes.
Sharing the benefits of productivity improvements in terms of the Government's Public Sector Wages Policy.
Delivering wage outcomes in accordance with the Funding Agreement.
Signatories to this Memorandum of Understanding:
...................................................................
Michael Reid, Director-General NSW Health
Witness:
..................................................................
Construction, Forestry, Mining, Energy Union. New South Wales Branch
Witness:
..................................................................
Electrical Trades Union of Australia. New South Wales Branch
Witness:
.................................................................
Plumbers and Gasfitters Employees Union. New South Wales Branch
Witness:
.................................................................
Australian Manufacturing Workers Union (NSW registered as AFMEPKIU)
Witness:
T. M. KAVANAGH J.
____________________
Printed by the authority of the Industrial Registrar.
|(726) |SERIAL C1154 |
CHARITABLE, AGED AND DISABILITY CARE SERVICES (STATE) AWARD
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Application by Health and Research Employees' Association of New South Wales, industrial organisation of employees.
(No. IRC 7010 of 2001)
|Before Commissioner Neal |14 November 2001 |
AWARD
1. Arrangement
Clause No. Subject Matter
45. Accommodation and Amenities
17. Allowances for Special Working Conditions
19. Annual Leave
20. Annual Leave Loading
3. Anti-Discrimination
41. Apprentices
51. Area, Incidence and Duration
1. Arrangement
40. Association Representative
34. Attendance at Meetings
12. Casual Employees
14. Climatic and Isolation Allowance
24. Compassionate Leave
47. Consultative Arrangements
2. Definitions
37. Emergency Telephone Calls
4. Employment Classifications
33. Grievance and Dispute Resolution Procedures
29. Higher Duties
7. Hours
46. Inspection of Lockers
35. Labour Flexibility & Mixed Functions
28. Leading Hands
50. Leave Reserved
25. Leave Without Pay
16. Live-in Housekeeper Remuneration
32. Live-in
21. Long Service Leave
9. Meals
48. No Extra Claims Commitment
44. Notice Board
10. Overtime
38. Parental Leave
26. Payment and Particulars of Wages
15. Penalty Rates and Shift Allowances
11. Permanent Part-time Employee
23. Personal/Carer’s Leave
36. Promotions and Appointments
18. Public Holidays
42. Redundancy
39. Repatriation Leave
8. Roster of Hours
6. Remuneration Packaging
27. Service Allowance
22. Sick Leave
31. Sleepovers
13. Temporary Employment
43. Termination of Employment
49. Training
30. Uniforms and Protective Clothing
5. Wages
PART B
Table 1 - Monetary Rates
Table 2 - Other Rates and allowances
2. Definitions
"Adult Service" - means service with an employer during which the worker received a rate of pay not less than the lowest rates fixed by this award for an adult, in the same classification as the worker, or the employee is on the age scale at 18 years and over.
"A.S.A." - means the Aged Services Association of New South Wales (Industrial) a registered organisation of employers that is party to this award.
"Association" - means the Health and Research Employees' Association of New South Wales.
"C.C.E.R." - means the Catholic Commission for Employment Relations that is an employer party to this award.
"Day Worker" - means an employee who works their ordinary hours from Monday to Friday inclusive and who commences work on such days at or after 6:00 a.m. and at or before 10:30 a.m., otherwise than as part of a shift system.
"Engagement" - means time that an employee is engaged in homecare services with the client/s joined by the time taken to travel between clients, meal breaks, and rest periods, including overtime worked continuously after the engagement.
"Homecare Residence" - means the homecare client’s place of abode.
"Ordinary Pay" - includes base pay and overaward payments for ordinary hours of work; Climatic and Isolation allowances; Leading Hand allowance; and Service allowance. It does not include shift or weekend penalties.
"Shift Worker" - means an employee who is not a day worker as defined.
3. Anti-Discrimination
(1) It is the intention of the parties bound by this award to seek to achieve the object in section 3(f) of the Industrial Relations Act 1996 to prevent and eliminate discrimination in the workplace. This includes discrimination on the grounds of race, sex, marital status, disability, homosexuality, transgender identity, age, carer status and responsibilities as a carer.
(2) It follows that in fulfilling their obligations under the dispute resolution procedure prescribed by this award the parties have obligations to take all reasonable steps to ensure that the operation of the provisions of this award are not directly or indirectly discriminatory in their effects. It will be consistent with the fulfilment of these obligations for the parties to make application to vary any provision of the award, which by its terms or operation, has a direct or indirect discriminatory effect.
(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.
(b) Section 56(d) of the Anti-Discrimination Act 1977 provides:
"Nothing in this Act affects ... any other act or practice of a body established to propagate religion that conforms to the doctrines of that religion or is necessary to avoid injury to the religious susceptibilities of the adherents of that religion."
4. Employment Classifications
The duties required to be undertaken by an employee in any of the following classifications shall remain within that employee’s skills and competence in accordance with Clause 35-Labour Flexibility and Mixed Functions.
Where the employer requires the employee to perform any or all of the tasks set out below, the employee must possess relevant skill and competence to perform such tasks. Where the employee does not possess such skills and competence, appropriate training shall be facilitated.
(i) Care Service Employees:
New Entrant -
An employee with less than 500 Hours work experience in this industry who performs basic duties under direct supervision. Such employees perform routine functions requiring understanding of clear rules and procedures. Work is performed using established practices, procedures and instructions including compliance with documentation requirements as determined by the employer. Problems should be referred to a more senior staff member. Indicative tasks an employee at this level may perform are as follows.
Typical Duties:
|CARE STREAM |SUPPORT STREAM |MAINTENANCE STREAM |
|Carry out simple tasks under |General assistance to higher grade |General labouring assistance |
|supervision to assist a higher grade |employees in the full range of |to higher-grade employees in |
|Care Service Employee attending |Domestic duties. |the full range of gardening |
|to the personal needs of residents | |and maintenance duties. |
GRADE 1.
An employee who has 500 hours work experience in the industry or who has/or can demonstrate relevant prior experience, acceptable to the employer, which enables the employee to work effectively at this level. A Junior Employee (less than 18 years) when classified at this grade may be paid as a new entrant. An employee who works under limited supervision individually or in a team environment or on sleepover. Employees at this level work within established guidelines including compliance with documentation requirements as determined by the employer. In some situations detailed instructions may be necessary. Indicative tasks an employee at this level may perform are as follows.
Typical Duties.
|Care Stream |Support Stream |Maintenance |
| | |Stream |
|Under limited supervision, |Performance under limited supervision of |Performance under |
|provide assistance to residents in |the full range of Domestic duties |limited supervision of |
|carrying out simple personal care |including but not limited to: |labouring duties |
|tasks which shall include but not | |associated with |
|be limited to: | |gardening and general |
| | |maintenance activities, |
| | |including but not |
| | |limited to: |
|Supervise daily hygiene eg |General cleaning of accommodation food |Sweeping; Hosing; |
|assisting with showers or baths, |service, and general areas; General |Garbage collection and |
|shaving,cutting nails; lay out |waiting, table service and clearing duties; |disposal; Keeping the |
|clothes and assist in dressing; | |outside of buildings |
|make beds and tidy rooms; store | |clean and tidy; Mowing |
|clothes and clean wardrobes;. | |lawns and assisting the |
|assist with meals | |Gardener in labouring. |
|Under direct supervision, provide |Assistance in the preparation of food, | |
|assistance to a higher Grade Care |including the cooking and/or preparation | |
|Service Employee in attending to |of light refreshments; All laundry duties. | |
|the personal care needs of a | | |
|resident. | | |
GRADE 2.
An employee with relevant experience who works individually or in a team environment, and is responsible for the quality of their own work, subject to general supervision, including compliance with documentation requirements as determined by the employer. Indicative tasks an employee at this level may perform are as follows.
Typical Duties.
|CARE STREAM |SUPPORT STREAM |MAINTENANCE STREAM |
|Provide a wide range of personal care |Assist a higher grade |Undertake basic repairs to |
|services to residents, under limited |worker in the planning, |buildings, equipment, |
|supervision, in accordance with |cooking and preparation |appliances, and similar items |
|Commonwealth and State Legislative |of the full range of meals. |not calling for trades skills or |
|requirements, and in accordance with the | |knowledge. Work with and |
|resident’s Care Plan, including: | |undertake limited |
| | |coordination of the work of |
| | |other maintenance workers. |
| | |Where no tradesperson is |
| | |employed, an employee at |
| | |this level may be called upon |
| | |to perform tasks falling |
| | |within the scope of trades |
| | |skills, provided the time |
| | |involved in performing such |
| | |work, is paid at the rate of |
| | |Care Service Employee |
| | |Grade 3, in accordance with |
| | |Clause 33-Labour Flexibility. |
| | |and Mixed Functions |
|Assist and Support residents with |Drive a Sedan or Utility. |Perform gardening duties. |
|medication utilising medication | |Provide advice on planning |
|compliance aids; Simple wound dressing; | |and plant maintenance. |
|Implementation of continence programs | |Attend to indoor plants, |
|as identified in the Care Plan; | |conduct recycling and re- |
| | |potting schedules |
|Attend to routine urinalysis, blood | |Carry out physical |
|pressure, temperature and pulse checks; | |inspections of property and |
|Blood sugar level checks etc and assist | |premises and report. |
|and support diabetic residents in the | | |
|management of their insulin and diet, | | |
|recognising the signs of both Hyper and | | |
|Hypo-Glycemia. | | |
|Recognise, report and respond | |. |
|Appropriately to changes in the condition | | |
|of residents, within the skills and | | |
|competence of the employee and the | | |
|policies and procedures of the | | |
|organisation. | | |
|Assist in the development and | | |
|implementation of resident care plans | | |
|Assist in the development and. | | |
|implementation of programs of activities | | |
|for residents, under the supervision of a | | |
|Care Service Employee Grade 3 or above, | | |
|or a Diversional Therapist. | | |
GRADE 3.
An employee who holds either a Certificate Level III in Care Support Services or other appropriate Qualification/Experience acceptable to the employer and:
is designated by the employer as having the responsibility for leading and/or supervising the work of others; or
is required to work individually with minimal supervision and has been designated by the employer as having overall responsibility for a particular function within the facility.
An employee who holds appropriate Trade Qualifications and is required to act on them. Where the work of such employee requires the holding of a licence, the licence allowance from the applicable State trades award shall be paid.
Employees at this level may be required to plan, direct, and train staff and comply with documentation requirements as determined by the employer and assist in the development of budgets.
Indicative tasks an employee at this level may perform are as follows.
Typical Duties.
|CARE STREAM |SUPPORT STREAM |MAINTENANCE |
| | |STREAM |
|Coordinate and direct the work of |Responsible for the planning, ordering |Carry out maintenance, |
|staff. |and preparing of all meals. |repairs, gardening and |
| | |other tasks falling within |
| | |the scope of trades skills. |
|Schedule work programs on a |Responsible for the provision of |Undertake the more |
|routine and regular basis. |domestic services. |complicated repairs to |
| | |equipment and appliances |
| | |calling for trade skills. |
|Develop and implement |Schedule work programs on a routine |Coordinate and direct the |
|programs of activities for |and regular basis. |work of staff performing |
|residents. | |gardening duties. |
|Develop resident care plans. |Coordinate and direct the work of |Schedule work programs |
| |staff. |on a routine and regular |
| | |basis. |
| |Drive a Minibus or Larger Vehicle. | |
GRADE 4.
An employee who holds either Trade Qualifications or other appropriate qualifications/experience acceptable to the employer is required to act on them and:
is designated by the employer as having the responsibility for leading and/or supervising the work of others including tradespeople; or
is required to work individually with minimal supervision and has been designated by the employer as having overall responsibility for any or all functions within the facility.
Employees at this level may be required to exercise any/all managerial functions in relation to the operation of the Facility and comply with documentation requirements as determined by the employer.
Indicative tasks an employee at this level may perform are as follows.
Typical Duties.
|CARE STREAM |SUPPORT STREAM |MAINTENANCE |
| | |STREAM |
|Overall responsibility for the |Coordinate and direct the work of |Coordinate and direct |
|provision of personal care to |staff involved with the preparation |the work of staff |
|residents. |and delivery of food. |performing gardening duties. |
|Coordinate and direct the work of |Schedule work programs. |Schedule gardening work |
|staff. | |programs. |
|Schedule work programs. | |Where required, let |
| | |routine service contracts |
| | |associated with gardening. |
GRADE 5.
|This grade shall only apply to employees having responsibility for supervision of the entire facility. |
| |
|An employee who may be required to have and use any additional qualifications than would be required for |
|a grade 4 employees. |
| |
|Employees at this level may be required to exercise any/all managerial functions in relation to the |
|operation of the Facility and comply with documentation requirements as determined by the employer. |
"Catering Officer" -means a person who is responsible for catering services.
"Diversional Therapist" -shall mean a person who provides, facilitates and co-ordinates group and individual leisure and recreational activities. This person must be a graduate from an approved university course which includes: the Associate Diploma and Diploma of Applied Science (Diversional Therapy) at the University of Sydney; Bachelor of Applied Sciences (Leisure and Health) at the University of Sydney; Bachelor of Applied Science (Diversional Therapy) at the University of Western Sydney, Macarthur; the Diploma or Bachelor of Health Sciences (Leisure and Health) at Charles Sturt University; the Associate Diploma course in Diversional Therapy conducted by the Cumberland College of Health Sciences; or who has such other qualifications deemed to be equivalent.
"Maintenance Supervisor (Tradesperson)" - means an employee who has trade qualifications and has overall responsibility for maintenance at the place of employment and may be required to supervise other maintenance staff.
"Maintenance Supervisor (Otherwise)" - means an employee who is required to perform maintenance duties as required and who may be required to supervise other maintenance staff and has overall responsibility for maintenance at the place of employment.
Note: -Employees classified and paid as Recreational Activities Officers as at 10 November, 1998 be reclassified in accordance with the new definitions of Care Services Employee. Employees reclassified at Level 2 by virtue of the above exercise, shall be paid at Level 3 from the effective date of this award, and continue to be so paid whilst employed in the provision of recreational activities by their current employer. These employees may be required to perform the duties of a Level 3 Care Services Employee where they have the skill and competence to do so.
(ii) Homecare Employees.
(a) Homecare Worker:
"Homecare Worker" -means an employee who performs the duties associated with the provisions of Homecare Services to Homecare Clients in the private residence, which may include cleaning, child minding, gardening, handywork (within the employees skills and competencies), cooking, laundry, shopping, personal errands, escorting clients and associated driving, personal care services and general upkeeping services. A Homecare Worker would not normally live at the client’s residence for periods in excess of 48 hours.
An employee employed as a homecare employee may be offered additional hours (over and above their guaranteed minimum hours) at a facility and would be paid the rate applicable to the classification worked.
An employee employed at a facility may be offered additional hours (over and above their guaranteed minimum hours) in homecare duties and this employee would be paid the rate applicable to that of a homecare employee.
GRADE 1.
Shall mean a person without previous relevant experience in personal care delivery. This is a trainee level, which applies to new employees. The employer shall provide training. At the end of a period of six months or 250 hours employment, which ever is first completed, employees who have satisfactorily completed the requirements of grade 1 shall progress to grade 2.
Should an employee at this grade 1 level not satisfactorily complete the requirements of grade 1, he/she shall be notified in writing by the employer two weeks prior to the date on which he/she would have proceeded to grade 2.
An employee may seek the assistance of the union during these discussions and if there is a disagreement between the parties as to the employee’s future, the matter shall be resolved as per clause 31 - Grievance and Disputes Resolution procedure.
A grade 1 employee shall work under general supervision.
Notwithstanding the above, employees who choose only to carry out general housekeeping duties and are not prepared to multi skill shall be paid at this grade.
GRADE 2.
Shall mean a person who satisfies the requirements of grade 1 and has progressed to grade 2.
An employee at this level shall be competent in carrying out simple personal care, housekeeping and tasks relevant to assisting clients to maintain their independence in their own homes and may be required to perform the duties of Handyperson as defined.
Optional training shall be provided to employees at the request of the employees at this level to equip employees to apply for positions at grade 3.
Grade 2 employees may be required to perform complex tasks required of a grade 3 employee from time to time, within their competence, and shall be paid at the rate for grade 3 whenever such duties are performed for periods in excess of 5 hours per week.
Where the employer requires the employee to perform any or all of the tasks set out below, relevant to a Grade 2 position, the employee must possess relevant skill and competence to perform such tasks. Where the employee does not possess such skills and competence, appropriate training shall be provided.
Typical Duties - Grade 2
Showering/Bathing.
Excepting where client has severely limited/uncontrollable body movements;
Assisting clients to shower/bath self or totally showering/bathing client;
Assisting with mobility or transferring to and from shower/bath;
Assisting or transferring client to commode chair,
Supervising children’s bath.
Bathing a baby.
Total bed bath/sponge - exception level 3.
Toileting.
Helping people to the toilet.
Assisting people to use the toilet by loosening clothing.
Assisting client to change own incontinence and sanitary pads.
Assisting clients with bottles.
Assisting self-catheterisation by holding mirror or positioning legs except where there is severely limited/uncontrollable body movements.
Changing babies, nappies, toileting children.
Menstrual Care.
Assisting with menstrual care.
Skin Care.
All skin care (e.g. application of cream, rubbing pressure areas with lotion etc. except where dressings are involved).
Grooming.
All hair care.
Limited care of nails.
Shaving;
(i) where there are uncontrollable body movements use electric razors only
(ii) all other shaving - electric razors recommended.
All dressing/undressing or assistance with dressing/undressing except where there is uncontrollable body movements.
Oral Hygiene.
Assisting clients with their own care of teeth or dentures.
Care of teeth and dentures for the client by using tooth brush/tooth paste/oral solution only.
Oral Medication.
Assisting client with or administering liquid medicines, pills, powders, nose and eye drops.
Transferring/Mobility.
Transferring client in and out of bed/chair/car and assisting with mobility- exceptions see level 3.
Assisting clients to turn or sit up - exceptions level 3.
Fitting Of Aids/Appliances.
Such as splints and callipers.
Therapy.
Assisting with therapy in any of the following circumstances;
Low level of assistance is required.
Carer/therapist is not on site and client is able to take responsibility for the therapy or carer/therapist is on site.
Simple instructions required rather than specialised training knowledge.
Assistance With Eating.
Assisting where there are no eating difficulties.
GRADE 3.
Shall mean a person who performs the duties of a grade 2 and is required to directly attend to a client’s needs, as opposed to assisting the client to do for himself/herself because of the client’s behaviour or the clients condition and/or household environment.
Where the employer requires the employee to perform any or all of the tasks set out below, relevant to a Grade 3 position, the employee must possess relevant skill and competence to perform such tasks. Where the employee does not possess such skills and competence, appropriate training shall be provided.
Grade 3 employees will be involved in on the job training of homecare employees where required.
Typical Duties - Grade 3
Showering/Bathing.
Showering/Bathing adults and children with severely limited/uncontrollable body movements.
Total bed bath/sponge where there is severely limited/uncontrollable body movements or serious comfort/health consideration.
Toileting.
Assisting in placement/removal/emptying/care/cleaning of sheaths and leg baths.
Assisting with indwelling catheterisation by changing collection bag and cleaning around the insertion site.
Changing or assisting with urinary diversion - colostomy and drainage bags.
All bowel management.
Continual caring of someone with bowel incontinence including washing the person and changing bowel incontinence pads.
Assisting the resident with the sterilising of glass catheters.
Menstrual Care.
Changing tampons and sanitary pads.
Skin Care.
Changing simple wound dressing.
Application of treatment creams to genital area.
Nasal Care.
Cleaning noses.
Grooming.
All dressing/undressing where there are severely limited/uncontrollable body movements.
Medication
Suppositories.
Assist and support diabetic residents in the management of their insulin and diet and recognising the signs of both Hyper and Hypo-Glycemia.
Transferring/Mobility.
Assisting clients to turn/sit where clients can offer limited/no assistance with weight bearing.
Using mechanical aids to lift and transfer clients.
Assisting clients with transfers/mobility where:
(i) Clients can offer limited/no assistance with weight bearing.
(ii) Careful handling is required because of the client’s health/disability.
(iii) Some lifting or physically awkward movement is involved for employees in transfer/mobility.
Therapy.
Assisting with therapy in any of the following circumstances:
(i) High degree of assistance is involved.
(ii) Employees have total responsibility because client is unable to take responsibly for the therapy and carer/therapist is not on site.
(iii) Specialised training knowledge is required.
Assisting With Eating.
Assisting with eating where a risk of choking, vomiting or other eating difficulty is involved.
(b) Live-In Housekeeper.
"Live-in Housekeeper" - shall mean an employee who would normally live at the client’s premises for a period in excess of 48 hours.
(1)
(A) Live-in Housekeeper - Grade 1 is an employee employed to perform general housekeeping duties only. General Housekeeping means preparing meals, cleaning, laundry, shopping and household duties of a like nature and handyperson work within the skill, competence and training of the employee and excludes personal care.
(B) Live-in Housekeeper/Carer - Grade 2 is an employee employed to perform housekeeping duties as defined in Grade 1 and the personal care duties of a Grade 2 as described in sub-clause 4 (ii) (a) above.
(C) Live-in Housekeeper/Carer - Grade 3 is an employee employed to perform general housekeeping duties as defined in Grade 1 and the personal care duties of a Grade 2 and 3 as described in sub-clause 4 (ii) (a) above.
(2) Designated commencement and cessation of work insofar as place, date and time are concerned shall be calculated by the employer. Provided that time spent travelling shall be regarded as time worked.
(3) In the event of work appropriate to a Live-in Housekeeper not being available:
(A) A Live-in Housekeeper can be required to undertake work performed by other Homecare Employees. Provided that where such work is directed and carried out it shall be paid at the rates and conditions for a live-in housekeeper; and,
(B) In the event of work not being available the Secretary or other responsible officer of the Health and Research Employees Association of New South Wales will be contacted. During this period of time the Live-in Housekeeper will not suffer any reduction in pay. Discussions will commence as soon as possible between the employer and the said Union. From the date of contact with the said Union, the Live-in Housekeeper will not suffer any reduction in pay, although such time will be limited to two (2) weeks.
(iii) Clerical & Administrative Employees.
(a) Grades: All employees shall be graded in one of the following grades and informed accordingly in writing within 14 days of appointment to the position held by the employee and subsequent graded positions.
(b) An employee shall be graded in the grade where the principal function of his/her employment, as determined by the employer, is of a clerical nature and is described in subclauses (c) to (g) of this clause.
(c) A Grade 1 position is described as follows:
(1) The employee may work under direct supervision with regular checking of progress.
(2) An employee at this grade applies knowledge and skills to a limited range of tasks. The choice of actions required is clear.
(3) Usually work will be performed within established routines, methods and procedures that are predictable, and which may require the exercise of limited discretion.
Indicative tasks of a Grade 1 position are:
|UNIT |ELEMENT |
|Information Handling |Receive and distribute incoming mail |
| |Receive and dispatch outgoing mail |
| |Collate and dispatch documents for bulk mailing |
| |File and retrieve documents |
|Communication |Receive and relay oral and written messages |
| |Complete simple forms |
|Enterprise |Identify key functions and personnel |
| |Apply office procedures |
|Technology |Operate office equipment appropriate to the tasks to be completed |
| |Open computer file, retrieve and copy data |
| |Close files |
|Organisational |Plan and organise a personal daily work routine |
|Team |Complete allocated tasks |
|Business Financial |Record petty cash transactions |
| |Prepare banking documents |
| |Prepare business source documents |
(d) A Grade 2 position is described as follows:
(1) The employee may work under routine supervision with intermittent checking.
(2) An employee at this grade applies knowledge and skills to a range of tasks. The choice of actions required is usually clear, with limited complexity in the choice.
(3) Work will be performed within established routines, methods and procedures, which involve the exercise of some discretion and minor decision making.
Indicative tasks of a Grade 2 position are:
|UNIT |ELEMENT |
|Information Handling |Update and modify existing organisational records |
| |Remove inactive files |
| |Copy data on to standard forms |
|Communication |Respond to incoming telephone calls |
| |Make telephone calls |
| |Draft simple correspondence |
|Enterprise |Provide information from own function area |
| |Re-direct inquiries and/or take appropriate follow-up action |
| |Greet visitors and attend to their needs |
|Technology |Operate equipment |
| |Identify and/or rectify minor faults in equipment |
| |Edit and save information |
| |Produce document from written text using standard format |
| |Shutdown equipment |
|Organisational |Organise own work schedule |
| |Know roles and functions of other employees |
|Team |Participate in identifying tasks for team |
| |Complete own tasks |
| |Assist others to complete tasks |
|Business Financial |Reconcile invoices for payment to creditors |
| |Prepare statements for debtors |
| |Enter payment summaries into journals |
| |Post journals to ledger |
(e) A Grade 3 position is described as follows:
(1) The employee may work under limited supervision with checking related to overall progress.
(2) An employee at this grade may be responsible for the work of others and may be required to co-ordinate such work.
(3) An employee at this grade applies knowledge with depth in some areas and a broad range of skills. Usually work will be performed within routines, methods and procedures where some discretion and judgement is required.
Indicative tasks of a Grade 3 position are:
|UNIT |ELEMENT |
|Information Handling |Prepare new files |
| |Identify and process inactive files |
| |Record documentation movements |
|Communication |Respond to telephone, oral and written requests for information |
| |Draft routine correspondence. |
| |Handle sensitive inquiries with tact and discretion |
|Enterprise |Clarify specific needs of client/other employees |
| |Provide information and advice |
| |Follow-up on client/employee needs |
| |Clarify the nature of a verbal message |
| |Identify options for resolution and act accordingly |
|Technology |Maintain equipment |
| |Train others in the use of office equipment |
| |Select appropriate media |
| |Establish document structure |
| |Produce documents |
|Organisational |Co-ordinate own work routine with others |
| |Make and record appointments on behalf of others |
| |Make travel and accommodation bookings in line with given itinerary |
|Team |Clarify tasks to achieve group goals |
| |Negotiate allocation of tasks |
| |Monitor own completion of allocated tasks |
|Business Financial |Reconcile accounts to balance |
| |Prepare bank reconciliations |
| |Document and lodge takings at bank |
| |Receive and document payment/takings |
| |Dispatch statements to debtors |
| |Follow up and record outstanding accounts |
| |Dispatch payments to creditors |
| |Maintain stock control records |
(f) A Grade 4 position is described as follows:
(1) The employee may be required to work without supervision, with general guidance on progress and outcomes sought. Responsibility for the organisation of the work of others may be involved.
(2) An employee at this grade applies knowledge with depth in some areas and a broad range of skills. There is a wide range of tasks, and the range and choice of actions required will usually be complex.
(3) An employee at this grade applies competencies usually applied within routines, methods and procedures where discretion and judgement is required, for both self and others.
Indicative tasks of a Grade 4 position are:
|UNIT |ELEMENT |
|Information Handling |Categorise files |
| |Ensure efficient distribution of files and records |
| |Maintain security of filing system |
| |Train others in the operation of the filing system |
| |Compile report |
| |Identify information source(s) inside and outside the organisation |
|Communication |Receive and process a request for information |
| |Identify information source(s) |
| |Compose report/correspondence |
|Enterprise |Provide information on current service provision and resource |
| |allocation within area of responsibility |
| |Identify trends in client requirements |
|Technology |Maintain storage media |
| |Devise and maintain filing system |
| |Set printer for document requirements when various setups are |
| |Available |
| |Design document format |
| |Assist and train network users |
| |Shutdown network equipment |
|Organisational |Manage diary on behalf of others |
| |Assist with appointment preparation and follow up for others |
| |Organise business itinerary |
| |Make meeting arrangements |
| |Record minutes of meeting |
| |Identify credit facilities |
| |Prepare content of documentation for meetings |
|Team |Plan work for the team |
| |Allocate tasks to members of the team |
| |Provide training for team members |
|Business Financial |Prepare financial reports |
| |Draft financial forecasts/budgets |
| |Undertake and document costing procedures |
(g) A Grade 5 position is described as follows:
(1) The employee may be supervised by professional staff and may be responsible for the planning and management of the work of others.
(2) An employee at this grade applies knowledge with substantial depth in some areas, and a range of skills, which may be varied or highly specific. The employee may receive assistance with specific problems.
(3) An employee at this grade applies knowledge and skills independently and non-routinely. Judgement and initiative are required.
Indicative tasks of a Grade 5 position are:
|UNIT |ELEMENT |
|Information Handling |Implement new/improved system |
| |Update incoming publications |
| |Circulate publications |
| |Identify information source(s) inside and outside the organisation |
|Communication |Obtain data from external sources |
| |Produce report |
| |Identify need for documents and/or research |
|Enterprise |Assist with the development of options for future strategies |
| |Assist with planning to match future requirements with resource |
| |Allocation |
|Technology |Establish and maintain a small network |
| |Identify document requirements |
| |Determine presentation and format of document and produce it |
|Organisational |Organise meetings |
| |Plan and organise conference |
|Team |Draft job vacancy advertisement |
| |Assist in the selection of staff |
| |Plan and allocate work for the team |
| |Monitor team performance |
| |Organise training for team |
|Business Financial |Administer PAYE salary records |
| |Process payment of wages and salaries |
| |Prepare payroll data |
(h) Clerks who are paid at a grade above that of Grade 5 as at 10 November, 1998 shall have the difference between that grade, inclusive of the 1998 State Wage Case Increase, and the new agreed grade preserved whilst employed in a clerical position with their current employer.
5. Wages
Employees shall be paid not less than the rates for the appropriate classification set out in Part B, Monetary Rates of this award.
Nothing in this Award shall be deemed or construed to reduce the wages, conditions or allowances of any employee below that level accorded him/her prior to the date of operation of this Award.
6. Remuneration Packaging
Where agreed between the employer and an employee, an employer may introduce remuneration packaging. The terms and conditions of such a package may make provision for a salary greater than that contained in the salary band. The package overall shall not be less favourable than the entitlements otherwise available under this award and shall be subject to the following provisions:
(i) the employer shall ensure that the structure of any package complies with taxation and other relevant laws.
(ii) 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;
(iii) the employer shall advise the employee in writing of his/her right to choose payment of that salary referred to in sub-clause (ii) above instead of a remuneration package;
(iv) the employer shall advise the employee, in writing, that all award conditions, other than the salary and those conditions as agreed in sub-clause (v) below shall continue to apply;
(v) where packaging arrangements apply, the employer and employee may by mutual agreement delete the application of certain award clauses, excepting Clauses 19-Annual Leave, 22-Sick Leave, 21- Long Service Leave, 23-Personal/Carer’s Leave, 18-Public Holidays, 33-Grievance and Disputes Resolution Procedures, and 38-Parental Leave;
(vi) when determining the remuneration package, the non-salary fringe benefit shall be in accordance with relevant Australian Taxation Office legislation.
(vii) a copy of the agreement shall be made available to the employee;
(viii) the employee shall be entitled to inspect details of the payments made under the terms of this agreement;
(ix) the configuration of the remuneration package shall remain in force for the period agreed between the employee and the employer;
(x) 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;
(xi) Salary packaging is only offered on the strict understanding and agreement that in the event existing taxation law is changed regarding Fringe Benefit Tax or personal tax arrangements, and that change may impact on this agreement, all salary packaging arrangements may at the discretion of the employer be terminated. Upon termination in these circumstances the employee’s rate of pay will revert to the rate of pay that applied immediately prior to a salary packaging agreement made pursuant to this clause, or the appropriate award rate of pay whichever is greater.
(xii) 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.
(xiii) in the event that 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 sub-clause (ii) above. Any outstanding benefit shall be paid on or before the date of termination.
(xiv) any pay increases granted to employees under this award shall also apply to employees subject to remuneration packaging arrangements within this clause.
7. Hours
(i)
(a) The ordinary hours of work for day workers, exclusive of meal times, shall not exceed 152 hours per 28 calendar days or 76 hours per fortnight to be worked Monday to Friday and to commence on such days at or after 6:00 a.m. and at or before 10:30 a.m.
(b) The ordinary hours of work for shift workers, exclusive of meal times, shall not exceed 152 hours per 28 calendar days or 76 hours per fortnight or an average of 38 hours per week in each roster cycle.
(ii)
(a) The hours of work prescribed in sub-clause (i) shall be arranged as follows:
(1) 152 hours in a 28 calendar-day cycle to be arranged so that each employee shall not work their ordinary hours on more than 19 days in the 28 calendar-day cycle; or
(2) 190 hours per 35 calendar days to be arranged so that each employee shall not work their ordinary hours on more than 19 days in the 35 calendar-day cycle.
(b) Following consultation and discussion with the Association the hours of work may also be arranged in one of the following ways:
(1) 76 hours per fortnight to be arranged so that each employee shall not work their ordinary hours on more than ten days in the fortnight; or
(2) 38 hours per week to be arranged so that each employee shall not work their ordinary hours on more than five days in the week.
(iii)
(a) Each employee shall be entitled to not less than four full days in each fortnight free from duty or two full days in each week free from duty (rostered days off), and every effort shall be made for such rostered days off to be consecutive, unless otherwise agreed.
(b) A Live-in Housekeeper shall after each five (5) consecutive days of duty, be entitled to two (2) consecutive days off provided that:
(1) Such days may accumulate to a limit of six (6) and in any case must be taken at the conclusion of such service.
(2) Where it is mutually agreed between the employer and the employee that under such circumstances the days of duty should continue, such days may accumulate to a limit of eight (8) to be taken at the conclusion of such service.
(3) Provided that the Live - in Housekeeper shall continue to receive the normal weekly wage during such days off.
(iv) Each shift shall consist of not more than 11 ordinary hours of work per day. Provided that shifts in excess of ten ordinary hours of work shall not occur on more than 7 consecutive days in any 8-day period. Provided further that shifts of ten ordinary hours of work or less shall not occur on more than 11 consecutive days in any 12-day period.
(v)
(a) Full-time employees shall receive a minimum payment of four hours for each start in respect of ordinary hours of work.
(b) Permanent part-time and casual employees, other than Homecare Employees, shall receive a minimum payment of two hours for each start.
(c) Permanent part time homecare employees and casual homecare employees shall receive a minimum of one hour for each engagement
(vi)
(a) An employee whose ordinary hours of work are arranged in accordance with sub-clause (a) of sub-clause (ii) above shall be entitled to an allocated day off in each cycle of 28 days or 35 days as the case may be. The ordinary hours worked on each of those days shall be arranged to include a proportion of one hour on the basis of 0.4 of one hour for each 8-hour shift worked and 0.5 of one hour for each 10-hour shift worked which shall accumulate towards the employee's allocated day off duty on pay.
(b) A full-time employee's allocated day off duty (ADO) shall be determined by mutual agreement between the employee and the employer having regard to the needs of the place of employment or sections thereof. Such allocated day off duty shall, where practicable, be consecutive with the rostered days off prescribed in subclause (iii) of this clause. Provided that allocated days off shall not be rostered on public holidays.
(c) Where the employer and the employee agree, up to five (5) allocated days off may be accumulated and taken in conjunction with the employee's annual leave or at another agreed time.
(d) In a hostel which has a bed capacity of 40 or less, the employer shall have the option of granting an employee a nineteen-day four-week cycle or accumulating 12 allocated days off per annum which may be taken in conjunction with the employee's annual leave or at another agreed time.
(e) No time towards an allocated day off shall accumulate during periods of workers' compensation, unpaid parental leave, long service leave, any period of unpaid leave or the statutory four weeks annual leave.
(f) Credit towards an allocated day off shall continue to accumulate whilst an employee is on paid sick leave. Where an allocated day off duty falls during a period of sick leave, the employee's available sick leave shall not be debited for that day.
(vii) The ordinary hours of work for a permanent part-time employee will be a specified number of hours, which are less than those prescribed for a full-time employee. The specified number of hours may be balanced over a week or fortnight, provided that the average weekly hours worked shall be deemed to be the specified number of hours for the purposes of accrual of leave provided for by this award. Provided further that there shall be no interruption to the continuity of employment merely by reason of an employee working on a "week-on", "week-off" basis in accordance with this subclause.
(viii) Two separate ten-minute tea breaks (in addition to meal breaks) shall be allowed each employee on duty during each ordinary shift of 7.6 hours or more; where less than 7.6 ordinary hours are worked employees shall be allowed one 10-minute tea break in each four-hour period. Subject to agreement between the employer and the employee, the two ten-minute tea breaks may alternatively be taken as one 20-minute tea break, or by one ten-minute tea break with the employee allowed to proceed off duty ten minutes before the completion of the normal shift finishing time. Such tea break(s) shall count as working time.
(ix) Employees must receive a minimum break of eight (8) hours between ordinary rostered shifts, which are not broken shifts.
(x) Except for meal breaks, all time from the commencement to the cessation of duty each shift shall count as working time, except for shifts being worked as broken shifts.
(xi) With respect to broken shifts:
(a) A "broken shift" for the purposes of this sub clause means a single shift worked by an employee that includes one or more breaks in excess of that provided for meal breaks, where the time between the commencement and termination of the broken shift shall not exceed 12 hours.
(b) An employee must receive a minimum break of 10 hours between broken shifts rostered on successive days.
(c) Where broken shifts are worked, employees shall receive an allowance of the amount set out in Item 1 of Table 2 of Part B, Monetary Rates per shift.
(d) Payment for a broken shift shall be at ordinary pay with penalty rates and shift allowances in accordance with Clause 15, with shift allowances being determined by the commencing time of the broken shift.
(e) All work performed beyond the maximum span of 12 hours for a broken shift will be paid at double ordinary pay.
(f) Broken shifts may be introduced for up to four weeks without the permission of the Association.
(g) Where the employer seeks the approval of the Association to work broken shifts in excess of four weeks, it must be in writing, which the Association will accept or decline within fourteen days. The Association will not decline such an application without good cause.
(h) Where an employee works a broken shift and at least part of that shift involves the work of a Homecare Employee, the employer is not required to seek the exemption from the Association as prescribed by Clause 7(xi)(g) above.
8. Roster of Hours
(i)
(a) The ordinary hours of work for each employee shall be displayed on a roster in a place conveniently accessible to employees. Such roster shall be displayed two weeks prior to the commencing date of the first working period in any roster subject to sub-clause (b) below.
(b) In the case of Homecare Employees, alternative means of communicating changes of rosters such as telephone communication, direct contact, mail or facsimile will be accepted.
(ii) Sub-clause (i) shall not make it obligatory for the employer to display any roster of ordinary hours of work of members of the casual or relieving staff.
(iii) Provided that a roster may be altered at any time to enable the service of the organisation to be carried on where another employee is absent from duty on account of illness or in an emergency. Where such alteration involves an employee working on a day which would have been his/her rostered day off, such employee may elect to be paid at overtime rates or have a day off in lieu which shall be mutually arranged.
Provided also that this provision shall not apply where the only change to the roster of a part-time employee is the mutually agreed addition of extra hours to be worked such that the part-time employee still has two rostered days off in that week or four rostered days off in that fortnight, as the case may be.
Provided further that any alteration to the roster of hours of a day worker must be consistent with the definition of a day worker contained in clause 2-Definitions.
(iv)
(a) Where a home care client cancels for reasons other than those outlined in (iv)(b), permanent employees shall be entitled to receive payment for their minimum specified hours in that pay period. The employer may direct the employee to make-up time equivalent to the cancelled time, in that or the subsequent fortnightly period. This time may be made up working with other home care clients or in a facility.
(b) Where the employer is unable to meet the minimum specified hours of a permanent employee for reasons associated with death, hospitalisation or other like extenuating circumstances, the following procedures shall be followed in the sequence provided:
1. work shall be re-allocated from casual employees to the permanent employee; or
2. hours shall be reallocated from another employee who is working hours additional to their minimum specified hours; or
3. where the employee agrees, the employee may have access to annual or long service leave; or
4. the employee and employer may agree to a period of unpaid leave; or
5. failing agreement in (4) above, refer to the dispute procedure.
6. Notwithstanding the provisions in sub-clauses (1) to (5) inclusive, if after six weeks - or earlier if by mutual agreement - the employer is unable to provide the minimum specified hours, the employee shall be entitled to the provisions set out in Clause 42-Redundancy.
(v) Where an employee is entitled to an allocated day off duty in accordance with clause 7-Hours of this award, that allocated day off duty is to be shown on the roster of hours for that employee.
(vi) Each sleepover shall appear on the roster.
9. Meals
(i)
(a) Employees shall not be required to work more than six (6) hours without a meal break. Such meal break shall be of between 30 and 60 minutes duration and shall not count as time worked.
(b) However, employees engaged in homecare duties may be rostered to have a paid 20-minute break in the place of the meal break where they are required to remain with the client during such break.
(c) In the event that all or some of the meals of breakfast, lunch and dinner are not provided for a live-in housekeeper, the employer shall reimburse such reasonable amounts for same, upon proof of expenditure.
(ii) Notwithstanding the provisions of sub-clause (i), an employee required to work shifts in excess of 10 hours shall be entitled to a 60-minute meal break. Such time shall be taken as either two thirty-minute meal breaks or one 60-minute meal break, subject to agreement between employer and employee.
(iii) An employee who is required to work overtime for more than two hours and such overtime goes beyond 7:00 a.m., 1:00 p.m., and 6:00 p.m. shall, at the option of the employer, be supplied with a meal or shall be paid:
(a) an amount set out in Item 2 of Table 2 of Part B, Monetary Rates for breakfast;
(b) an amount set out in Item 3 of Table 2 of Part B, Monetary Rates for luncheon;
(c) an amount set out in Item 4 of Table 2 of Part B, Monetary Rates for the evening meal.
10. Overtime
(i) All time worked by employees outside the ordinary hours in accordance with clause 7-Hours and clause 8-Roster of Hours of this award, shall be paid time and one half ordinary pay up to two (2) hours each day and thereafter double ordinary pay; provided however, that all overtime worked on Sunday shall be paid at double ordinary pay and all overtime worked on public holidays shall be paid for at double time and one-half ordinary pay
(ii) An employee must receive an eight or ten hour break between rostered shifts, in accordance with clause 7-Hours. Where the next shift is due to commence before the employee has had their appropriate eight or ten hours break, one of the following will apply:
(a) The employee will be released prior to, or after the completion of their shift to permit them to have their appropriate break under clause 7-Hours without loss of pay for the working time occurring during such absence.
(b) If at the request of the employer an employee works without their appropriate break, they shall be paid until they are released from duty at overtime rates. Once released from duty such employees shall be entitled to be absent from work until they have had their appropriate break in accordance with clause 7-Hours without loss of pay for working time occurring during such an absence.
(iii) Employees who are recalled to work overtime after leaving the employer's place of work shall be paid a minimum of four hours at the applicable overtime rate for each time so recalled. Provided that, except in unforeseen circumstances, an employee shall not be required to work the full four hours if the tasks they were recalled to perform are completed within a shorter period.
(a) An employee recalled to work overtime pursuant to sub-clause (ii) shall be reimbursed reasonable travel expenses incurred in respect of the recall to work.
(b) Provided that where an employee elects to use their own vehicle they shall be paid an allowance of the amount set out in Item 5 of Table 2 of Part B, Monetary Rates.
(c) An employee who agrees to be on call, requiring to make themselves ready and available to return to work whilst off duty, shall be paid an allowance of the amount set out in Item 6 of Table 2 of Part B, Monetary Rates.
(d) Employees will not be required to be on call in excess of ten days in any twenty-eight day period.
(iv) For the purposes of assessing overtime, each day shall stand alone, provided that where any one period of overtime is continuous and extends beyond midnight, all overtime hours in this period shall be regarded as if they had occurred within the one-day.
(v)
(a) 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, or, where there is no such majority of full-time employees employed on that shift in the ward or section concerned, all time in excess of 11 hours per day, shall be paid for at overtime rates.
Provided that, 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 ordinary pay.
(b) All time worked by permanent part-time employees in excess of the hours prescribed for a full-time employee in clause 7-Hours of this award shall be paid for at overtime rates.
(vi) 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 is taken on the basis of hour for hour at ordinary pay, that is for example, one hour off for each hour of overtime worked. However, any applicable shift and weekend penalties shall still be paid as if the time was worked when taking such time in lieu. It must be taken within four months of it being accrued at a mutually agreed time.
(b) Where it is not possible for an employee 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) Employees cannot be compelled to take time off in lieu of overtime.
(d) The employer must maintain records of all time in lieu of overtime owing and taken by employees.
(e) Where no election is made the employee shall be paid overtime rates in accordance with the award.
11. Permanent Part-Time Employee
(i) A permanent part-time employee is one who is permanently appointed by a facility to work for a specified number of hours, which are less than those prescribed for a full-time employee.
(ii) The hours worked by the employee will be reviewed annually and if the employee is regularly working more than the specified number of hours then a new number of specified hours may be agreed to.
This review will be unnecessary where an increase in hours is as a direct result of a staff member being absent on leave; eg. Workers Compensation, Sick Leave, Annual Leave, etc.
(iii) Permanent part-time employees shall be paid an hourly rate calculated on the basis of one thirty-eighth (1/38th) of the appropriate rate prescribed by Part B, Monetary Rates of this award.
(iv) Permanent Part-Time Employees 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.
(v) Permanent part time employees engaged in the provision of home care services shall:
(a) Have a minimum specified number of hours of ten per week or twenty per fortnight.
(b) Have a minimum payment per engagement of one hour.
(c) Notwithstanding the provisions in sub-clause (a) of this clause, where there is a genuine agreement in writing between the employer and employee the minimum contract hours may be reduced.
(d) Have hours of engagement maintained as per clause 8-Roster of Hours.
12. Casual Employees
(i)
(a) A casual employee is one engaged on an hourly basis otherwise than as a full-time employee or permanent part-time employee.
(b) A casual employee may only be engaged in the following circumstances: for short term periods where there is a need to supplement the workforce arising from fluctuations in the needs of the facility; or in the place of another employee who is absent; or in an emergency.
(ii) A casual employee shall be paid an hourly rate calculated on the basis of one thirty-eighth (1/38th) of the appropriate rate prescribed by Part B, Monetary Rates of this award, plus ten (10) per centum thereof, with a minimum payment of two hours for each start, (where the casual is employed in the place of a homecare employee who is absent then the minimum payment per engagement may be one (1) hour) and one thirty-eighth of the uniform and laundry allowances where a uniform is not supplied in accordance with clause 30-Uniforms and Protective Clothing.
(iii) For weekend and public holiday work, casual employees shall, in lieu of all other penalty rates and the 10% casual loading, receive the rates prescribed in clause 15-Penalty Rates and Shift Allowances and clause 18-Public Holidays.
(iv) Overtime rates shall be payable on the hourly rate (1/38th) in lieu of the 10% casual loading only when a casual works in excess of 38 hours per week or 76 hours per fortnight depending on the pay period.
(v) For the entitlement to annual leave, a casual shall receive an additional amount equivalent to one-twelfth of the sum of their ordinary pay plus payments received in accordance with clause 15-Penalty Rates and Shift Allowances. No other allowances or payments are to be included for the calculation of this annual leave entitlement. Further, this amount will be itemised separately on the employee’s pay records.
(vi) For the entitlement to long service leave, see Long Service Leave Act, 1955.
(vii) With respect to a casual employee, the provisions of the following clauses shall not apply:
Clause 8-Roster of Hours; clause 19-Annual Leave; clause 20-Annual Leave Loading; clause 21-Long Service Leave; clause 22-Sick Leave; clause 24-Compassionate Leave; clause 25-Leave Without Pay, clause 27-Service Allowance: clause 28-Leading Hands; clause 29-Higher Duties; clause 32-Live-In; clause 36-Promotions and Appointments; clause 37-Emergency Telephone Calls; clause 39-Repatriation Leave; clause 41-Apprentices.
13. Temporary Employment
(i) Fixed term or task contracts of employment may be offered and such temporary employees engaged where necessary to meet the genuine occupational requirements of the employer, which may include but not be limited to parental leave, limited term funding arrangements, long term relief, or forthcoming service reductions.
(ii) The provision of clause 42-Redundancy will not apply to such employees.
14. Climatic and Isolation Allowance
(i) Subject to sub-clause (ii) of this clause persons employed in organisations in places situated upon or to the west of a line drawn as herein specified shall be paid an allowance of the amount set out in Item 7 of Table 2 of Part B, Monetary Rates per week in addition to the salary to which they are otherwise entitled.
The line shall be drawn as follows: viz., commencing at Tocumwal and thence to the following towns in the order stated, namely: Lockhart; Narrandera; Leeton; Peak Hill; Gilgandra; Dunedoo; Coolah; Boggabri; Inverell; and Bonshaw.
(ii) Persons employed in organisations in places situated upon or to the west of a line drawn as herein specified shall be paid an allowance of the amount set out in Item 8 of Table 2 of Part B, Monetary Rates per week in addition to the salary to which they are otherwise entitled.
The line shall be drawn as follows: viz., commencing at a point on the right bank of the Murray River opposite Swan Hill (Victoria) and thence to the following towns in the order stated, namely: Hay; Hillston; Nyngan; Walgett; Collarenebri; and Mungindi.
(iii) The allowances prescribed by this clause are not cumulative.
(iv) Except for the computation of overtime the allowances prescribed by this clause shall be regarded as part of salary for the purposes of this award.
(v) An employee who works less than thirty-eight hours per week shall be entitled to the allowances prescribed by this clause in the same proportion as the average hours worked each week bears to thirty-eight ordinary hours.
15. Penalty Rates and Shift Allowances
(i) Employees Shall be Paid the Following Percentages in Addition to Their Ordinary Pay, and Where Applicable, the 10% Casual Loading, for Shifts Rostered as Follows:
(a) 10% for afternoon shift commencing after 10:30 a.m. and before 1:00 p.m.
(b) 12.5% for afternoon shift commencing at or after 1:00 p.m. and before 4:00 p.m.
(c) 15% for night shift commencing at or after 4:00 p.m. and before 4:00 a.m.
(d) 10% for night shift commencing at or after 4:00 a.m. and before 6:00 a.m.
Provided that laundry staff working afternoon or night shift as at 30 September 1993 shall be paid 20% in addition to the ordinary pay for such shift. Laundry staff employed after 30 September 1993, and who work afternoon or night shift shall receive the penalty rates prescribed in sub-clauses (a) to (d) above.
(ii) Notwithstanding sub-clause (i), employees working less than the hours prescribed for a full-time employee within clause 7-Hours of this award shall only be entitled to the additional rates where their shifts commence prior to 6:00a.m. or finish subsequent to 7:00 p.m.
(iii) Employees shall be paid the following penalties for ordinary hours of work occurring on a Saturday or a Sunday:
(a) for work between midnight on Friday and midnight on Saturday - time and one half.
(b) for work between midnight on Saturday and midnight on Sunday - time and three-quarters.
These extra rates shall be in substitution for and not cumulative upon the shift allowances prescribed in the preceding sub-clauses (i) and (ii) of this clause.
16. Live-in Housekeeper - Remuneration
(i) Live - in Housekeeper.
The terms and conditions contained herein shall be in substitution for and not cumulative upon the following clauses: Clause 7-Hours; Clause 10-Overtime; Clause 15-Penalty Rates and Shift Allowances; Clause 18-Public Holidays
(a) Live - in Housekeeper - Grade 1
The total weekly remuneration for a Live - in Housekeeper Grade 1 shall be calculated as follows:
Total Weekly Rate = Weekly Rates for a Homecare Employee Grade 1 + All incidents Loading
The All Incidents Loading for a Live - in Housekeeper Grade 1 is calculated by obtaining 30% of the relevant weekly rate.
The All Incidents Loading of 30% takes into account all incidents of employment inherent in the work and conditions of employment of Live - in Housekeepers, including but not limited to, the requirement to reside at the client’s premises. Such tasks that are required to be performed by the employee will be performed at times of day, which are mutually agreed between the employer and the employee.
(b) Live - in Housekeeper/Carer - Grade 2
The total remuneration for a Live - in Housekeeper/ Carer Grade 2 shall be calculated as follows:
Total Weekly Rates = Weekly Rates for a Homecare Employee Grade 2 + All Incidents Loading
The All Incidents loading for a Live - in Housekeeper/Carer Grade 2 is calculated by obtaining 40% of the relevant weekly rate. The All Incidents Loading of 40% takes into account all incidents of employment inherent in the work and conditions of employment of Live - in Housekeepers, including but not limited to, the requirement to reside at the client’s premises. The employee will normally perform duties at times of the day, which are mutually agreed between the employer and employee.
(c) Live - in Housekeeper/Carer - Grade 3
The total remuneration for a Live - in Housekeeper/ Carer Grade 3 shall be calculated as follows:
Total Weekly Rate = Weekly Rates for a Homecare Employee Grade 3 + All Incidents Loading
The Special Loading is calculated by obtaining 3.5% of the relevant weekly rate. The special loading is in recognition of all factors, including but not limited to, the special pressures, responsibilities and climate inherent in the work of a Live - in Housekeeper Grade 3.
The All Incidents loading is calculated by obtaining 50% of the sum of the relevant weekly rate plus the Special Loading. The All Incidents Loading of 50% takes into account all incidents of employment inherent in the work and conditions of employment of Live - in Housekeepers, including but not limited to, the requirement to reside at the client’s premises and to perform work, and be available for the performance of work at all such times of the day as the job and client’s needs may require.
(ii) Wages - Daily Rates
(a) Permanent Part time Employees - The daily rate for a Live - in Housekeeper/Carer (any grade) shall be calculated as follows:
Daily Rate = Appropriate Weekly rate for Live-in Housekeeper
5
Provided that by mutual agreement up to three employees may be engaged as Live - in Housekeeper (any grade) per client.
For the purpose of this sub clause a day shall be defined as a period of 24 consecutive hours.
The minimum payment for work done under this sub-clause shall be two days at the daily rate. Thereafter the minimum payment will be at the daily rate.
(b) Casual Employees - The casual rate for a Live - in Housekeeper/Carer (any grade) shall be calculated as follows:
Daily Rate = Appropriate Weekly rate for Live-in Housekeeper + 15%
5
For the purpose of this sub clause a day shall be defined as a period of 24 consecutive hours.
The minimum payment for work done under this sub-clause shall be one day at the daily rate. Work performed under this sub-clause shall be for relief, emergency and temporary purposes only.
17. Allowances for Special Working Conditions
(i)
(a) Employees engaged in work of a dirty or offensive nature and/or cleaning or scraping work in confined spaces (such as inside ventilator shafts, air conditioning ducts or the like) shall, whilst so employed, be paid an allowance of the amount set out in Item 9 of Table 2 of Part B, Monetary Rates per hour extra.
(b) Provided however that employees engaged in cleaning or scraping work inside the gas or water space of any boiler, flue or economiser shall, whilst so employed, be paid an allowance of the amount set out in Item 10 of Table 2 of Part B, Monetary Rates per hour extra.
(ii) Employees who are required to assist tradespersons on work of a dirty or offensive nature shall be paid disability allowances under the same terms and conditions as the disability allowances that may be payable to the tradespersons they are assisting.
(iii) Employees shall be paid an allowance of the amount set out in Item 11 of Table 2 of Part B, Monetary Rates per hour or part thereof for all time during which they are engaged in handling linen of a nauseous nature other than linen sealed in bags.
(iv) An employee, other than a Homecare Employee, sent for duty to a place other than his/her regular place of duty shall be paid for all excess travelling time at the appropriate rate of pay and reimbursed excess travelling expenses.
(v) Vehicle Allowance: Where an employee is called upon and agrees to use his/her private vehicle for official business, payment of an allowance shall be made by utilising the rate in item 12 of Table 2 of Part B Monetary Rates per kilometre excluding travel to and from the employee’s home to the first place of work and return to home at the end of his/her duties. This rate shall remain in force for the duration of this award. This sub-clause shall apply to all employees.
(vi) Where an employee is required to use public transport for travel on official business such employee is to be reimbursed actual expenses incurred for such travel, excluding travel from the employee’s home to the first place of work and return to home at the cessation of his/her duties.
(vii) No payment shall be made under sub-clause (v) & (vi) unless the employer is satisfied that the employee has incurred expenditure for such travel.
(viii) Where homecare employees are rostered to work with consecutive clients they shall be paid for the time taken to travel between locations at the rate of 3% of the ordinary pay per hour per kilometre travelled, excluding travel from the employee’s home to the first place of work and return to home at the cessation of his/her duties; provided that this payment shall not be made if the employee is being paid at the hourly rate of pay for the time between consecutive clients.
(ix) An employee in possession of, and required to act on, a Laundry and Dry Cleaning Certificate, shall be paid an allowance in the nature of a salary as set out in item 13, of Table 2, Other Rates and Allowances.
(x) An employee who works less than thirty-eight hours per week shall be entitled to this allowance identified in sub clause (ix) above in the same proportion as the average hours worked each week bears to thirty-eight ordinary hours.
18. Public Holidays
(i) Public holidays shall be allowed to employees without loss of ordinary pay.
(ii) For the purposes of this award, the following shall be deemed to be public holidays: New Year's Day; Australia Day; Good Friday; Easter Saturday; Easter Monday; Anzac Day; Queen's Birthday; Labour Day; Christmas Day; Boxing Day; and any other day duly proclaimed and observed as a public holiday within the area in which the facility is situated.
(iii)
(a) In addition to those public holidays specified in sub-clause (ii) employees shall be entitled to an extra public holiday each year. Such public holiday shall occur on one of the following days as determined by the employer:
1. On the day on which the August Bank Holiday is observed; or
2. On a day between Christmas and New Year within the days Monday to Friday inclusive and not coinciding with a date that is already a gazetted public holiday for that calendar year; or
3. On a gazetted and proclaimed local public holiday. In areas where only one half-day is proclaimed and observed, the whole day will be regarded as a public holiday for the purposes of this award. In these circumstances if a further one half day local public holiday occurs in that calendar year, it will not be observed for the purposes of this clause.
4. The employer shall nominate before July 1 of each calendar year, the date on which this extra public holiday is to be observed. Once such an election is made, such date then becomes the date on which the extra public holiday is to be observed for all workers in that establishment covered by this award, provided however that if no such election is duly made, the extra public holiday will be observed on the August Bank Holiday.
(iv) An employee who is required to and does work on any public holiday prescribed in this clause shall be paid in lieu of all other shift allowances (except broken shift allowances), weekend penalties, casual loading and part-time loading, as follows:
(a) Full-time Employees -
(1) Time and one half for all ordinary time worked in addition to the weekly rate.
Alternatively, if the employee elects:
(2) Half-time extra for all time worked in addition to the weekly rate and have one ordinary working day added to be taken in conjunction with the period of annual leave.
(b) Permanent Part-time Employees -
(1) Double and a half for all time worked on the public holiday, although where the time worked by agreement is less than the rostered shift, the balance of the rostered shift will be paid at ordinary pay.
Alternatively, if the employee elects:
(2) Half-time extra for all time worked in addition to the weekly rate and have the equivalent number of hours worked added to be taken in conjunction with the period of annual leave.
(c) Casual Employees:
Double time and one-half for all time worked.
(v) Full-time shift-workers rostered off duty on a public holiday shall:
(a) be paid one day's pay in addition to the weekly rate; or
(b) if the employee so elects have one day added to be taken in conjunction with their period of annual leave.
(vi) The election referred to in sub-clauses (iv) and (v) is to be made in writing by the employee at the commencement of each year of employment and is irrevocable during that period of employment.
19. Annual Leave
(i) All employees shall be entitled to the provisions of the Annual Holidays Act 1944.
(ii)
(a) Full-time employees and permanent part-time employees who are rostered to work their ordinary hours on Sundays and/or public holidays shall be entitled to receive additional annual leave if, during a qualifying period of employment for annual leave purposes they have worked:
| |Full-time Employees |Permanent part-time Employees |
|3 shifts or less |Nil |Nil |
|4 - 10 shifts |one day |0.2 weeks |
|11 - 17 shifts |two days |0.4 weeks |
|18 - 24 shifts |three days |0.6 weeks |
|25 - 31 shifts |four days |0.8 weeks |
|32 or more shifts |five days |1 week. |
Provided that an employee, entitled to additional annual leave by virtue of this sub-clause, may elect to be paid an amount equivalent to the value of his/her additional leave entitlements 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) Live-in Housekeepers employed and paid as such shall accrue an additional weeks leave for every twelve (12) months of continuous service on a pro-rata basis.
(iii) Provided that on termination of employment, employees shall be entitled to payment for any untaken annual leave due under sub-clause (ii) together with payment for any leave in respect of an uncompleted year of employment calculated in accordance with sub-clause (i).
(iv) Employees entitled to allocated days off duty in accordance with sub-clause (vi) of clause 7-Hours of this award, shall accrue credits towards an allocated day off duty in respect of each day those employees are absent on additional annual leave in accordance with sub-clause (ii) of this clause and sub-clauses (iv) and (v) of clause 18-Public Holidays.
20. Annual Leave Loading
(i) Employees shall be entitled to annual leave loading of 17.5% on four weeks of the appropriate weekly rate of pay, or shift allowances and weekend penalties as set out in sub-clause (ii) of this clause, whichever is the greater.
(ii) A shift worker, as defined in clause 2-Definitions of this award, shall be paid whilst on annual leave his/her ordinary pay plus shift allowances and weekend penalties relating to ordinary time the shift worker would have worked if he/she had not been on annual leave. Provided that shift allowances and weekend penalties shall not be payable for public holidays which occur during a period of annual leave, for days which have been added to annual leave in accordance with the provisions of clause 18-Public Holidays or clause 19(ii)(a)-Annual Leave of this award.
(iii) No loading is payable where the annual leave is taken wholly or partly in advance, provided however, that if the employment of such an employee continues until their next anniversary date, the loading then becomes payable.
(iv) Where the employment of an employee is terminated for a cause other than misconduct and at the time of the termination the employee has not been given and has not taken the whole of the annual leave accrued as at their last anniversary date, they shall be paid the leave loading for such leave on termination. No leave loading is payable on pro rate leave on termination.
21. Long Service Leave
(i)
(a) Each employee shall be entitled to two months long service leave on ordinary pay after ten years' service; thereafter additional long service leave shall accrue on the basis of five months long service leave for each ten years' service. This additional leave may be taken on a pro-rata basis each five years after completing the initial 10 year period of service.
(b) Where the services of an employee with at least five years' service are terminated by the employer for any reason other than the employee's serious and wilful misconduct, or by the employee on account of illness, incapacity or domestic or other pressing necessity, or by reason of the death of the employee, he/she shall be entitled to be paid a proportionate amount on the basis of two months for ten years service.
(ii) For the purpose of sub-clause (i) of this clause:
(a) service shall mean continuous service with any one employer/organisation;
(b) service shall not include:
(1) any period of leave without pay except in the case of employees who have completed at least ten years service (any period of absence without pay being excluded therefrom) in which case service shall include any period without pay not exceeding six months taken after 1 June, 1980;
(2) any period of service as a part-time worker except as provided for in sub-clause (vi) of this clause.
(iii)
(a) The employer shall give to each worker at least one month's notice of the date from which it is proposed that the worker's long service leave shall be given and taken. Long service leave shall be taken as soon as practicable having regard to the needs of the facility, or where the employer and the employee agree, such leave may be postponed to an agreed date.
(b) Where the employer and the employee agree in writing that the taking of a period of leave be postponed at the request of an employee to an agreed future date, the period of leave at the time of this agreement being made will, when taken, be paid at the rate applicable at the time of the agreement.
(iv)
(a) On the termination of employment of an employee, otherwise than by his/her death, an employer shall pay to the employee the monetary value of all long service leave accrued and not taken at the date of such termination and such monetary value shall be determined according to the salary payable to the employee at the date of such termination.
(b) Where an employee who has acquired a right to long service leave, or after having had five years' service and less than ten years' service dies, the widow or the widower of such employee or if there is no such widow or widower, the children of such employee, or if there is no such widow, widower or children such person who, in the opinion of the employer, was at the time of the death of such an employee, a dependent relative of such employee shall be entitled to receive the monetary value of the leave not taken or which would have accrued to such employee had his/her services terminated as referred to in sub-clause (b) of sub-clause (i) of this clause and such monetary value shall be determined according to the salary payable to the employee at the time of his/her death.
Where there is a guardian of any children entitled under this sub-clause the payment to which such children are entitled may be made to such guardian for their maintenance, education and advancement.
Where there is no person entitled under this sub-clause to receive the monetary value of leave payable under the foregoing provisions payment in respect thereof shall be made to the legal personal representative of such employee.
(v) Full-time and permanent part-time employees shall be entitled to have previous part-time service as a part-time worker which is the equivalent of at least two full days' duty per week taken into account for long service leave purposes in conjunction with full-time and/or permanent part-time service on the basis of the proportion that the actual number of hours worked each week bears to forty hours up until 30 April, 1985 and bears to thirty-eight hours on and from 1 May, 1985, provided the part-time service as a part-time worker merges without break with the subsequent full-time service or permanent part-time employment.
(vi) Where an 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.
(vii) Employees of the employer previously covered by alternative awards will have their long service leave accrued entitlement carried over but the accrual and access to long service leave entitlements from the date of transfer will be in accordance with this award.
e.g. an employee with 15 years continuous service under an alternative award at the time of transfer may have an accrued entitlement of 3 months long service leave. From this time onwards employees would accrue their entitlements in accordance with this award, at the rate of 2.5 months for each five years service as the continuity of service is not affected by the change of award coverage. Thus, after 20 years continuous service the employee would be entitled to 5.5 months leave, made up of 3 months under the previous award and a further 2.5 months under this award.
22. Sick Leave
(i)
(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 or pro rata thereof on the anniversary date of each of the first three (3) months of continuous service.
(b) Upon completion of four (4) months continuous service the employee shall be entitled to a further 53.2 hours or pro rata thereof sick leave
(ii) A full-time employee shall be entitled to sick leave on ordinary pay by allowing 76 rostered ordinary hours of work for each year of continuous service.
(iii) Part-time employees shall be entitled to sick leave in the same proportion of seventy six hours as the average weekly hours worked over the preceding 12 months or from the time of the commencement of employment, whichever is the lesser, bears to 38 ordinary hours of one week for each year of continuous service. Such entitlements shall be subject to all the conditions applying to full-time employees.
(iv)
(a) An employee, other than a homecare employee, shall notify his/her employer of an absence from work due to illness or injury prior to the commencement of his/her rostered shift or as soon as practicable thereafter, and shall inform the employer of the expected duration of the absence.
(b) A Homecare Employee shall notify his/her employer of an absence from work due to illness or injury at least 3 hours prior to the commencement of his/her rostered shift but in any case no later than 1 hour before the first client where the employee is not prevented from doing so and shall inform the employer of the expected duration of the absence.
(c) An employee who is working in two (2) different classifications shall be paid the relevant pay for the classification he/she would have been working on the day of their sick leave.
(v) Periods of sickness shall not be required to be certified to by a legally registered medical practitioner, excepting where the absence exceeds two (2) consecutive days or where in the employer's opinion the circumstances are such as to warrant such requirements.
(vi) The employer shall not change the rostered hours of work of an employee fixed by the roster or rosters applicable to the seven days immediately following the commencement of sick leave merely by reason of the fact that the employee is on sick leave.
(vii) An employee shall not be entitled to sick leave on ordinary pay for any period in respect of which such employee is entitled to workers' compensation payments at full ordinary rate; provided however, that where an employee is not in receipt of such full ordinary compensation rate, an employer shall pay to an employee who has sick leave entitlements under this clause, the difference between the amount received as workers' compensation and full pay.
The employee's sick leave entitlement under this clause shall, for each week during which such difference is paid, be reduced by the proportion of hours which the difference bears to full pay. On the expiration of available sick leave, weekly compensation payments only shall be payable.
Provided that this sub-clause shall not apply where an employee unreasonably refuses to undergo a rehabilitation program.
(viii) For the purpose of determining a full-time employee's sick leave credit as at 1 May, 1985, sick leave entitlement shall be proportioned on the basis of 76:80.
(ix) For the purposes of this clause, service shall mean continuous service with any one employer/organisation.
(x) Any unused sick leave shall remain to the employee's credit.
23. Personal/Carer’s Leave
(i) Use of Sick Leave:
(a) An employee, other than a casual employee, with responsibilities in relation to a class of person set out in sub-clause (ii) of sub-clause (c), who needs the employee’s care and support, shall be entitled to use, in accordance with this sub-clause any current or accrued sick leave entitlement, provided for in clause 22, 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 or 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 sub-clause where another person has taken leave to care for the same person.
(c) The entitlement to use sick leave in accordance with this sub-clause is subject to:
(1) the employee being responsible for the care of the person concerned; and
(2) the person concerned being:
(A) a spouse of the employee; or
(B) a de facto spouse, who, in relation to a person, is a person of the opposite sex to the first mentioned person who lives with the first mentioned person as the husband or wife of that person on a bona fide domestic basis although not legally married to that person; or
(C) a child or an adult child (including an adopted child, a step child, a foster child or an ex nuptial child), parent (including a foster parent and legal guardian), grandparent, grandchild or sibling of the employee or spouse or de facto spouse of the employee; or
(D) a same sex partner who lives with the employee as the de facto partner of that employee on a bona fide domestic basis; or
(E) a relative of the employee who is a member of the same household, where for the purposes of this sub-clause:
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 that person’s relationship to the employee, the reasons for taking such leave and the estimated length of absence. If it is not practicable for the employee to give prior notice of absence, the employee shall notify the employer by telephone of such absence at the first opportunity on the day of absence.
(e) An employee, in addition to the circumstances and manner stated in subclauses (a)-(d), shall also be entitled to access accrued sick leave for the purposes of personal/carer’s leave in the following situation:
1. one permanent employee only per facility each calendar year shall be entitled to access one (1) day of such leave to attend training facilitated by the Association to increase awareness and knowledge of workplace issues and/or consultative mechanisms and/or statutory entitlements and obligations, which will contribute to a more productive, aware and harmonious workplace environment;
2. such an employee will give a minimum of four weeks notice to the employer of attendance at such training, unless a lesser notification period is agreed to by the employer, and the employer shall be entitled to request written confirmation from the Association as to the time and nature of the training;
3. access to this one (1) day per year in this subclause is not cumulative; and
4. such an employee may, with the consent of the employer, access additional or alternative leave, as prescribed in subclauses (ii)-(vi) of this clause, for the purposes of attending such training as stated in subclause (e)(1) above.
(ii) Unpaid Leave for carers leave Purpose:
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 sub-clause (i) (c) (2) above, who is ill.
(iii) 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 sub-clause (a) of this sub-clause, shall be exclusive of any shutdown period provided for elsewhere under the Annual Holidays Act 1944.
(iv) Time Off in Lieu of Payment for Overtime:
(a) 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.
(b) Overtime taken as time off during ordinary time hours shall be taken as set out in clause 10(vi)-Overtime.
(c) If, having elected to take time as leave in accordance with sub-clause (a) of this sub-clause, 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.
(d) Where no election is made in accordance with the said sub-clause (a), the employee shall be paid overtime rates in accordance with the award.
(v) Make-up Time:
(a) An employee may elect, with the consent of the employer, to work "make-up time", under which the employee takes time off ordinary hours payable at the ordinary rate of pay, 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.
(vi) Allocated Days Off:
(a) An employee may elect with the consent of the employer, to take an allocated day off at any time.
(b) An employee may elect, with the consent of the employer, to take allocated days off in part day amounts.
(c) An employee may elect, with the consent of the employer, to accrue some or all allocated 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 sub-clause 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 ADO flexibility, and providing a reasonable opportunity for the union(s) to participate in negotiations.
24. Compassionate Leave
(i) Compassionate leave with pay shall be granted only in extraordinary or emergent circumstances where an employee is forced to be absent from duty because of an urgent pressing necessity, and such leave as is granted should be limited to the time necessary to cover the immediate emergency.
An absence occasioned by personal exigencies which might fairly be regarded as an obligation on the employee, rather than the employer, may be covered by the grant of leave without pay, or if the employee so desires, charged against available annual leave credits.
(ii) Compassionate leave shall be granted on the following principles:
(a) Bereavement Leave -
(1) 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 subparagraph (3) of this paragraph, provided that where the employee is involved in making 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 a funeral for relatives not outlined in the said subparagraph (3) unless special circumstances exist, e.g., the employee resided with the deceased.
(2) The employee must notify the employer as soon as practicable of the intention to take bereavement leave and will provide to the satisfaction of the employer proof of death.
(3) 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 (2) of paragraph (c) of subclause (i) of clause 23, Personal/Carer’s Leave, provided that, for the purpose of bereavement leave, the employee need not have been responsible for the care of the person concerned.
(4) 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.
(5) Bereavement leave may be taken in conjunction with other leave available under subclauses (ii), (iii), (iv), (v) and (vi) of the said clause 23. In determining such a request, the employer will give consideration to the circumstances of the employee and the reasonable operational requirements of the business.
(b) Where an illness in the family causes an immediate emergency, sufficient leave should be granted to meet the immediate emergencies and to allow the employee to make any other arrangements considered necessary. Except in very special cases, such leave with pay should be limited to one day and where no one but the employee was available to care for the sick family member.
(c) Compassionate leave may also be granted in cases of unforeseen emergencies, which clearly prevent attendance for duty, e.g., flood, bush fires etc.
(iii) Only under the most exceptional circumstances shall compassionate leave be granted for a period exceeding three working days within any one year. This is provided that additional leave may be granted by the employer in exceptional circumstances.
25. Leave Without Pay
(a) By agreement between an employer and a permanent employee, an employee may be granted a period of leave without pay.
(b) The period of leave without pay will not break the continuity of service but will not count for the purpose of:
(i) accruing annual leave, incremental progression, sick leave and public holidays;
(ii) accruing long service leave except in the case of employees who have completed at least ten years service (any period of absence without pay being excluded therefrom) in which case service shall include any period without pay not exceeding six months taken after 1 June, 1980;
(iii) qualifying period for paid and unpaid paternity leave; and
(iv) the calculation of notice and severance pay in accordance with clause 42, Redundancy and clause 43, Termination of Employment.
26. Payment and Particulars of Wages
(i) Wages shall be paid weekly or fortnightly, provided that, for the purpose of adjustments of wages related to alterations in the basic wage, from time to time effective, the pay period shall be deemed to be weekly.
(ii) On each pay day the pay shall be made up to a day not more than five days prior to the day of payment.
(iii) Employees shall have their wages paid by direct deposit or electronic transfer into one account with a bank or other financial institution in New South Wales as nominated by the employee except where agreement as to payment by cash or cheque has been reached between the Association and the employer due to the isolation of the place of employment and/or the limited number of employees.
(iv) Wages shall be deposited by the employer in sufficient time to ensure that wages are available for withdrawal by employees by the close of business on pay day. Where the wages are not available to the employee by such time due to circumstances beyond the employer’s control, the employer shall not be held accountable for such delay.
(v) Where the services of an employee are terminated with due notice, all moneys owing shall be paid upon cessation of employment, but in the case of termination without due notice, within three working days.
(vi) On payday each employee shall be provided with a pay slip, which specifies the following particulars:
(a) name and date of payment;
(b) the period for which the payment is made;
(c) the gross amount of wages, including overtime and other earnings and annual leave payments for casuals;
(d) the ordinary pay per hour;
(e) the amount paid as overtime or such information as will enable the amount paid as overtime to be calculated by the employee;
(f) the amount of other earnings and the purpose for which they are paid;
(g) the amount deducted for taxation purposes;
(h) the particulars of all other deductions; and
(i) the net amount paid.
(vii) Where an employer has overpaid an employee, the employer shall notify the employee of such overpayment and how such overpayment is made up, in writing, and may recover such amounts, with the agreement of the employee as to the amount of the overpayment and method of such recovery. This sub-clause authorises the use of deductions from wages for the purpose of such recovery. All such deduction from wages must be authorised in writing by the employee.
27. Service Allowance
(i) All full-time employees appointed prior to 1 June, 1980, shall after 10 years' continuous service with the same organisation, be paid by the said organisation in addition to the rates prescribed in Part B, Monetary Rates of this award, a service allowance in the following manner:
|For 10 years of service but less than 15 years |5% |
|For 15 years of service but less than 20 years |7½% |
|For 20 years of service and over |10%. |
(ii) Payments due under this clause will be made on the usual pay day when other payments under the award are made.
(iii) Continuous service in the same organisation, prior to the commencement of this award shall be taken into account when computing service for the purposes of this clause.
(iv) Continuous service shall be deemed not to have been broken by absence from the organisation due to membership of the defence forces of the Commonwealth in time of war or during any period of special leave for members of the Military Reserve Forces.
28. Leading Hands
(i) A leading hand is an employee who is placed in charge of not less than two (2) other employees of a substantially similar classification, but does not include any employee whose classification denotes supervisory responsibility.
(ii) A leading hand shall be paid a weekly allowance of the amount specified by the item number in accordance with the following scale:
| |Item Number of Table 2, of |
| |Part B, Monetary Rates |
|in charge of two to five other employees |Item 14 |
|in charge of six to ten other employees |Item 15 |
|in charge of eleven to fifteen other employees |Item 16 |
|in charge of sixteen to nineteen other employees |Item 17 |
(iii) This allowance shall be part of salary for all purposes of this award.
(iv) An employee who works less than thirty-eight hours per week shall be entitled to the allowances prescribed by this clause in the same proportion as the average hours worked each week bears to thirty-eight ordinary hours.
29. Higher Duties
(i) An employee when called upon by the employer to undertake duties carrying a higher rate of pay than their ordinary classification shall be paid the higher rate for the time so spent performing the higher duties.
(ii) This clause shall not apply when an employee in a higher grade is absent from duty by reason of their allocated day off duty.
30. Uniforms and Protective Clothing
(i)
(a) Subject to sub-clause (c) of this sub-clause, sufficient suitable and serviceable uniforms or overalls shall be supplied free of cost, to each employee required to wear them. An employee to whom a new uniform or part of a uniform has been supplied by the organisation, who fails to return the corresponding article last supplied, shall not be entitled to have such article replaced without payment for it at a reasonable price, in the absence of a satisfactory reason for the loss of such article or failure to produce such uniform or part thereof.
(b) Upon termination, an employee shall return any uniform or part thereof supplied by the organisation, which is still in use by the employee, immediately prior to leaving.
(c) In lieu of supplying a uniform to an employee, an employer shall pay the said employee the sum set out in Item 18 of Table 2 - of Part B, Monetary Rates per week;
(d) In lieu of supplying special-type shoes where required to an employee, an employer shall pay the said employee the sum set out in Item 19 of Table 2 - of Part B, Monetary Rates per week;
(e) In lieu of supplying a cardigan or jacket where required to an employee an employer shall pay the said employee the sum per week set out in Item 20 of Table 2 - of Part B, Monetary Rates per week;
(f) If the uniform of the employee is not laundered at the expense of the organisation, an allowance of the amount set out in Item 21 of Table 2 of Part B, Monetary Rates per week shall be paid to the employee.
(g) An employee who works less than thirty-eight hours per week shall be entitled to the allowances prescribed by this clause in the same proportion as the average hours worked each week bears to thirty-eight ordinary hours.
(ii) Each employee whose duties require them to work out of doors shall be supplied with overboots. Sufficient raincoats shall also be made available for use by these employees.
(iii) Each employee whose duties require them to work in a hazardous situation with or near machinery shall be supplied with appropriate protective clothing and equipment.
(iv) For employees engaged in homecare services the following shall apply;
(a) On request, the employer shall supply free of charge two sets of full body aprons or other attire as agreed by the parties;
(b) The attire supplied in (a) above, shall be replaced by the employer on the basis of fair wear and tear;
(c) The attire supplied in (a) above, shall remain the property of the employer at all times and any employee applying for a new issue supplied by the employer who fails to return their last issue shall not be entitled to a new issue without payment thereof;
(d) All new employees at time of engagement and all existing employees at the time of the next issue of uniforms may be required to sign an authorisation permitting the employer to deduct the value of uniforms and/or employer property from termination monies if the uniform and/or employer’s property is not returned. Employer property is property personally given to an employee and where such property can reasonably be expected to remain in the employee’s personal control;
(e) Where the client supplies equipment, materials and tools, the employer shall ensure that they are of reasonable quality and comply with safety standards;
(f) Where an employee is required to work outdoors the employer shall provide a suitable broad-brimmed hat.
31. Sleepovers
(i) Employees may, in addition to normal rostered shifts, be required to sleepover. A sleepover means sleeping in at night in order to be on call for emergencies.
(ii) The following conditions shall apply to each night of sleepover:
(a) The span for a sleepover shall be not less than 8 hours nor more than 10 hours on any one night.
(b) Employees shall be provided with free board and lodging for each night on which they are required to sleep over.
(c) Employees shall be provided with a separate room with a bed and use of staff facilities or client facilities where applicable.
(d) In addition to the provision of free board and lodging for such nights, the employee shall be entitled to a sleepover allowance of the amount set out in Item 22 of Table 2 of Part B, Monetary Rates for each night on which they sleepover.
(e) No work other than that of an emergency nature shall be required to be performed during any sleepover. For the purposes of this clause an emergency is any unplanned occurrence or event requiring prompt action.
(f) An employee directed to perform work other than that of an emergency nature during any sleepover shall be paid the appropriate hourly rate from the start of the sleepover to the end of the non-emergency work, or from the start of the non-emergency work to the end of the sleepover, whichever is the lesser, in addition to the sleepover allowance in sub-clause (d).
(g) All time worked during any sleepover shall count as time worked and be paid for in accordance with the following provisions:
(1) All time worked by full-time employees during any sleepover shall be paid for at overtime rates.
(2) All time worked by permanent part-time employees during any sleepover shall be paid for at ordinary pay plus applicable shift and weekend penalties; provided that, if the total number of hours worked on that day exceeds the number of hours worked by full-time employees, or eleven hours where there are no such full-time employees, then the excess hours worked on that day shall be paid for at overtime rates; and provided further that if the total number of hours worked in the week exceeds 38 hours, or exceeds 76 hours in the fortnight as the case may be, then the excess hours worked in that week or fortnight, as the case may be, shall be paid for at overtime rates.
(3) All time worked by casual employees during any sleepover shall be paid for at ordinary pay plus applicable shift and weekend penalties; provided that if the total number of hours worked in the week exceeds 38 hours, or exceeds 76 hours in the fortnight as the case may be, then the excess hours worked in that week or fortnight, as the case may be, shall be paid for at overtime rates.
(4) And provided further that where the employee does not have eight consecutive hours off duty between ordinary rostered duty on successive days, then the provisions of sub-clause (j) of this sub-clause will apply.
(h) A sleepover may be rostered to commence immediately at the conclusion of the employee's shift and continuous with that shift; and/or immediately prior to the employee's shift and continuous with that shift, and not otherwise.
(i) No employee shall be required to sleepover during any part of their rostered days off and/or allocated days off provided for in sub-clauses (iii) and (vi) of clause 7-Hours.
(j) An employee (whether a full-time employee, permanent part-time employee or casual employee) who performs so much work during sleepover periods 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 shall, subject to this sub-clause, be released after completion of such work 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 ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.
(k) Casual employees may only be used for sleepovers when full-time employees or permanent part-time employees are not available for that duty and in no case shall casual employees be used exclusively or almost exclusively for sleepovers.
(iii) Nothing in this clause shall preclude the employer from rostering an employee to work shift work in lieu of undertaking sleepovers.
32. Live-in
Hostel Supervisors and Live-in Housekeepers required to live in shall be provided with full board and lodging free of charge. Where, in these circumstances, supervisors are rostered off duty, other appropriate staff shall be available.
33. Grievance and Dispute Resolution Procedures
(i) The following procedures shall be followed in relation to grievances of individual employees:
(a) The employee is required to notify the employer, preferably in writing, as to the substance of the grievance, request a meeting with the employer for bilateral discussions and state the remedy sought.
(b) A grievance must initially be dealt with as close to the source as possible, with graduated steps for further discussion and resolution at higher levels of authority.
(c) Reasonable time limits must be allowed for discussion at each level of authority.
(d) At the conclusion of the discussion, the employer must provide a response to the employee's grievance, if the matter has not been resolved, including reasons for not implementing any proposed remedy.
(ii) The following procedure shall be followed in relation to disputes, etc., between employers and their employees:
(a) A question, dispute or difficulty must initially be dealt with as close to its source as possible, with graduated steps for further discussion and resolution at higher levels of authority.
(b) Reasonable time limits must be allowed for discussion at each level of authority.
(iii) In the case of employers who employ not more than 20 employees, or where the management structure is such that all employees are subject to the direct supervision and control of the employer, graduated steps for further discussion and resolution at higher levels do not apply.
(iv) While the above procedure is being followed, work will continue as normal where it is agreed there is an existing practice, but in other cases work will continue on the employer’s instructions. No party will be prejudiced as to the final settlement by continuation of work.
(v) For any of the above procedures, the employer may be represented by an industrial organisation of employers and the employee(s) may be represented by an industrial organisation of employees.
(vi) The industrial organisation representing employees reserves the right to vary this procedure where it is considered a safety factor is involved.
34. Attendance at Meetings
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 ordinary pay per hour 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 shall not be viewed as overtime for the purposes of this award.
35. Labour Flexibility and Mixed Functions
(i) An employer may direct an employee to carry out such duties as are within the limits of the employee's skill, competence and training
(ii) The employer may direct an employee to carry out such duties and use such tools and equipment as may be required provided that the employee has been properly trained or has otherwise acquired the necessary skills in the use of such tools and equipment.
(iii) Any direction issued by the employer pursuant to sub-clause (i) and/or (ii) 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 residents.
36. Promotions and Appointments
Promotion and/or appointment shall be by merit, provided however that no employee with a claim to seniority shall be passed over without having his/her claim considered.
37. Emergency Telephone Calls
An employee required to answer emergency telephone calls outside of ordinary working hours, but not recalled to duty, shall be reimbursed rental charges on such telephone calls on production of receipted accounts. Provided that, where an employee is required to answer out of hours telephone calls on a relief basis, he/she shall be paid one-twelfth (1/12th) of his/her yearly telephone rental for each month or part thereof he/she is so employed.
38. Parental Leave
(i) All employees are entitled to parental leave in accordance with the provisions of the Industrial Relations Act 1996.
(ii)
(a) Full-time employees and permanent part-time employees are eligible for paid parental leave in accordance with the following provisions:
(1) Permanent employees are eligible for paid parental leave when they have completed at least 40 weeks' of continuous service prior to the expected date of birth or prior to the date of taking custody of the child.
(b) Employees who are eligible for paid parental leave are entitled to such leave as follows:
(1) Paid Leave:
(A) Paid Maternity Leave - an eligible employee is entitled to nine weeks paid maternity leave at ordinary pay from the date the maternity leave commences.
Maternity 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 satisfactorily perform the full range of normal duties.
(B) Paid Paternity Leave - an eligible employee is entitled to one week paid paternity leave in any one year at ordinary pay, which must commence within four weeks of the birth of the child. (Eligible employees will be as defined in the Industrial Relations Act 1996.)
(C) Paid Adoption Leave - an eligible employee is entitled to paid adoption leave of three weeks from and including the date of taking custody of the child.
(D) Such leave may be paid:
(i) on a normal fortnightly basis;
(ii) in advance in a lump sum;
(iii) at the rate of half pay over a period of 18 weeks on a regular fortnightly basis for maternity leave and at the rate of half pay over a period of six weeks on a regular fortnightly basis for adoption leave.
Annual and/or long service leave credits can be combined with periods of maternity leave or adoption leave on half pay to enable an employee to remain on full pay for that period.
(2) Unpaid Leave:
(A) Unpaid Maternity Leave - An employee is entitled to a further period of unpaid maternity leave of not more than twelve months after the actual date of birth of the child.
(B) Unpaid Paternity Leave - An employee is entitled to a further period of unpaid paternity leave of not more than three weeks, to be taken in conjunction with a period of paid paternity leave, unless otherwise agreed by the employer and employee.
(C) Unpaid Adoption Leave - An employee is 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.
(c) An employee who has once met the conditions for paid maternity leave and paid adoption leave will not be required to again work the 40 weeks' continuous service in order to qualify for a further period of maternity leave or adoption leave, unless:
(1) there has been a break in service where the employee has been re-employed or re-appointed after a resignation, medical retirement or after her services have been otherwise dispensed with; or
(2) 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.
(d) An employee who intends to proceed on maternity or paternity leave should formally notify the employer of such intention as early as possible, so that arrangements associated with the 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.
(e) In the case of notification of intention to take adoption leave, 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 their employer as early as practicable of the intention to take adoption leave. This will allow arrangements associated with the adoption leave to be made.
(f) After commencing maternity leave or adoption leave, an employee may vary the period of her maternity leave or adoption leave, once, without the consent of the employer and otherwise, with the consent of the employer. A minimum of four weeks' notice must be given, although an employer may accept less notice if convenient.
(g) Any person who occupies the position of an employee on parental leave must be informed that the employee has the right to return to her former position. Additionally, since an employee also has the right to vary the period of her maternity leave or adoption leave, offers of temporary employment should be in writing, stating clearly the temporary nature of the contract of employment. The duration of employment should also be set down clearly, to a fixed date or until the employee elects to return to duty, whichever occurs first.
(h) When an employee has resumed duties, any period of full pay leave is counted in full for the accrual of annual and long service leave and any period of maternity leave or adoption leave on half pay is taken into account to the extent of one-half thereof when determining the accrual of annual and long service leave.
(i) 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 for long service leave purposes provided such leave does not exceed six months.
(j) Parental leave without pay does not count as service for incremental purposes. Periods of parental leave on full pay and at half pay are to be regarded as service for incremental progression on a pro-rata basis.
(k) Where public holidays occur during a period of paid parental leave, payment is at the rate of parental leave received, that is the public holidays occurring in a period of full pay parental leave are paid at the full rate and those occurring during a period of half pay leave are paid at the half rate.
(l) If because of an illness associated with her pregnancy an employee is unable to continue to work then she can elect to use any available paid leave (sick, annual and/or long service leave) or to take sick leave without pay.
(m) 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 the birth. The employee then commences maternity leave with the normal provisions applying.
(n) 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. 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.
(o) In the event of a miscarriage any absence from work is to be covered by the current sick leave provisions.
(p) In the case of stillbirth, an employee may elect to take sick leave, subject to the 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.
(q) 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.
(r) An employee returning from parental leave has the right to resume their former position. Where this position no longer exists the employee is entitled to be placed in a position nearest in status and salary to that of her former position and for which the employee is capable or qualified.
(s) 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:
(1) the period is to be limited to twelve months after which the full-time duties must be resumed;
(2) the employee is to make an application for leave without pay to reduce her full-time weekly hours of work. This application should be made as early as possible to enable the employer to make suitable staffing arrangements. At least four weeks' notice must be given;
(3) the quantum of leave without pay to be granted to individual employees is to be at the absolute discretion and convenience of the employer;
(4) salary and conditions of employment are to be adjusted on a basis proportionate to the employee's full-time hours of work, that is for long service leave the period of service is to be converted to the full-time equivalent and credited accordingly.
(5) Full-time employees who return to work under this arrangement remain full-time employees.
(t) Where an employee becomes pregnant whilst on maternity leave, a further period of maternity leave may be granted. Should this second period of maternity leave commence during the currency of the existing period of maternity leave, then any residual maternity leave from the existing entitlement lapses.
39. Repatriation Leave
(i) Employees who are ex-servicemen or ex-service women may be granted special leave in one or more periods up to a maximum of 6½ working days in any period of twelve months without deduction from annual or sick leave credits for the following purposes in connection with an accepted war-caused disability or in connection with an application to the Repatriation Department for a disability to be so accepted:
(a) to attend a hospital or clinic or visit a medical officer in that regard;
(b) to attend a hospital, clinic or medical officer or to report for periodical examination or attention;
(c) to attend limb factories for the supply, renewal and repair of artificial replacements and surgical appliances.
(ii) Employees are to provide the employer with documentary evidence as to the attendance prior to the payment of special leave being granted.
40. Association Representative
An employee appointed Association representative shall, upon notification thereof in writing to the organisation, within 14 days of such appointment, or as soon as practicable thereafter, be recognised as the accredited representative of the Association and shall be allowed the necessary time, during working hours, to interview the employer on matters affecting employees.
41. Apprentices
(i) Indentured apprentice means an employee who is serving a period of training under an indenture for the purpose of rendering them fit to be a qualified worker in an industry. Apprentices may be indentured to an organisation as cooks or gardeners.
(ii) Apprenticeship means an apprenticeship established under Division 2 of Part 3 of the Industrial and Commercial Training Act, 1989.
(iii) The minimum rates of wages for apprentice cooks shall be the following percentages of the rate applicable to the classification of Care Service Employee Grade 3 as varied from time to time:
|First year |60% |
|Second year |82.5% |
|Third year |92.5%. |
(iv) The minimum rates of wages for apprentice gardeners shall be the following percentages of the rate applicable for the classification of a Care Service Employee Grade 3 as varied from time to time:
|First year |50% |
|Second year |60% |
|Third year |80% |
|Fourth year |90%. |
(v) Apprentices attending college for training shall be entitled to fares to and from home to college.
(vi) An apprentice who obtains and hands to his/her employer a certificate or statement of having passed his/her first year technical college examination and in respect of whom a satisfactory report as to conduct, punctuality and progress is furnished shall be paid an allowance of the amount in Item 23 of Table 2 of Part B, Monetary Rates per week in addition to the rates prescribed in the ensuing twelve months, plus an additional allowance of the amount in Item 23 of Table 2, Part B, Monetary Rates per week if he/she passes each subsequent year.
(vii) The ordinary hours of work for apprentices shall be as prescribed in clause 7-Hours. No apprentice shall be permitted or required to perform work, which would prevent the apprentice from attending classes at TAFE.
42. Redundancy
(i) For the purposes of this Clause, "Continuous service" shall be interpreted in the same manner as "service of a worker" is interpreted in the Long Service Leave Act 1955 as at 22 July 1996. Periods of leave without pay, including parental leave without pay, do not break the continuity of service of an employee but are not to be taken into account in calculating length of service for the purposes of this award.
(ii) Introduction of Change
(a) Employer's duty to notify -
(1) Where the employer has made a definite decision to introduce major changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, the employer shall notify the employees who may be affected by the proposed changes and the Association.
(2) "Significant effects" include termination of employment, major changes in the composition, operation or size of the employer's workforce or in the skills required, the elimination or diminution of job opportunities, promotion opportunities or job tenure, the alteration of hours of work, the need for retraining or transfer of employees to other work or locations and the restructuring of jobs.
(b) Employer's duty to discuss change -
(1) The employer shall discuss with the employees affected and the union to which they belong, inter alia, the introduction of the changes referred to in sub-clause (a) of this clause, the effects the changes are likely to have on employees and measures to avert or mitigate the adverse effects of such changes on employees, and shall give prompt consideration to matters raised by the employees and/or the union in relation to the changes.
(2) The discussion shall commence as early as practicable after a definite decision has been made by the employer to make the changes referred to in sub-clause (a) of this clause.
(3) For the purpose of such discussions, the employer shall provide to the employees concerned and the union to which they belong all relevant information about the changes, including the nature of the changes proposed, the expected effects of the changes on employees and any other matters likely to affect employees, provided that any employer shall not be required to disclose confidential information the disclosure of which would adversely affect the employer. Provided that the making of any positions redundant shall not be deemed to be confidential information for the purposes of this award.
(iii) Redundancy
Discussions before terminations -
(a) Where an employer has made a definite decision that the employer no longer wishes the job the employee has been doing done by anyone and that decision may lead to termination of the employee's employment, the employer shall hold discussions with the employees directly affected and with the union to which they belong.
(b) The discussions shall take place as soon as is practicable after the employer has made a definite decision which will invoke the provisions of sub-clause (a) of this clause and, in any case, prior to the beginning of the period of notice required by sub-clause (iv), Termination of Employment of this clause. These discussions shall cover, inter alia, any reasons for the proposed terminations, and measures to avoid or minimise the terminations, and measures to mitigate any adverse effects of any terminations on the employees concerned.
(c) For the purposes of the discussion the employer shall, as soon as practicable and, in any case, prior to the beginning of the period of notice required by sub-clause (iv), Termination of Employment of this clause, provide to the employees concerned and to the union to which they belong, all relevant information about the proposed terminations, including the reasons for the proposed terminations, the number and categories of employees likely to be affected, and the number of workers normally employed and the period over which the terminations are likely to be carried out. Provided that any employer shall not be required to disclose confidential information the disclosure of which would adversely affect the employer. Provided that the making of any positions redundant shall not be deemed to be confidential information for the purposes of this award.
(iv) Termination of Employment
(a) Notice for changes in production, program, organisation or structure - This sub-clause sets out the notice provisions to be applied to terminations or proposed terminations of the employment of an employee by the employer in circumstances where the employer no longer wishes the job which the employee has been doing to be done by anyone, for any reason (other than technological change), and for reasons arising from production, program, organisation or structure in accordance with sub-clause (ii)(a)(1), shall be at least the minimum periods of notice as provided in Clause 43-Termination of Employment.
(b) Notice for technological change - This subclause sets out the notice provisions to be applied to terminations or proposed terminations by the employer for reasons arising from technology in accordance with sub-clause (ii) (a) (1) Introduction of Change.
(1) An employer shall not terminate the employment of an employee unless the employer has given to the employee at least three months' notice of termination.
(2) Payment in lieu of the period of notice specified in sub-clause (iv) (b) (1) Termination of Employment shall be made if the said period of notice is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu of the period of notice specified.
(3) The period of notice required by this sub-clause to be given shall be deemed to be service with the employer for the purposes of the Long Service Leave Act 1955, the Annual Holidays Act 1944, or any act amending or replacing either of these Acts.
(c) Time off during the notice period -
(1) During the period of notice of termination given by the employer, each affected employee shall be allowed up to one day's time off without loss of pay for each week of notice, up to a maximum of five days off, for the purposes of seeking other employment.
(2) If an employee has been allowed paid leave for more than one day during the notice period for the purpose of seeking other employment, if the employer so requests, the employee shall be required to produce proof of attendance at an interview. If the employee is so required to produce such proof of attendance and fails to do so, the employee shall not be entitled to receive payment for such time.
(d) Employee leaving during the notice period - If the employment of an employee is terminated (other than for misconduct) before the notice period expires, the employee shall be entitled to the same benefits and payments to which the employee shall be entitled had the employee remained with the employer until the expiry of such notice.
(e) Statement of employment - The employer shall provide to each employee whose employment has been terminated, a written statement specifying the period of the employee's employment and the classification of or the type of work performed by the employee.
(f) Notice to Centrelink - Where a decision has been made to terminate the employment of 15 or more employees, the employer shall notify Centrelink of this, as soon as possible, giving relevant information, including the number and categories of the employees likely to be affected and the period over which the terminations are intended to be carried out.
(g) Centrelink Employment Separation Certificate - The employer shall provide to an employee whose employment has been terminated an Employment Separation Certificate in the form required by Centrelink.
(h) Transfer to Lower Paid Duties - Where an employee is genuinely transferred to a lower paid classification for reasons set out in subclause (ii) (a) Introduction of Change, the employee shall be entitled to the same period of notice of transfer as the employee would have been entitled to if the employee’s employment has been terminated. The employer will however in addition continue to pay the employee their former ordinary pay for a period equivalent to one week for each year of service completed with the employer to a maximum of six weeks.
(v) Retrenchment Pay
Unless the Industrial Relations Commission of New South Wales subsequently orders otherwise pursuant to sub-clause (vi), Incapacity to Pay, where the employment of an employee is to be terminated, for reasons set out in sub-clause (ii) Introduction of Change, the employer shall pay, in addition to other payments due to that employee, the following retrenchment pay in respect of the following continuous periods of service:
(a) Where the employee is under 45 years of age, the employer shall pay the employee in accordance with the following scale:
|Minimum Years of Service |Retrenchment Pay |
|Less than 1 year |Nil |
|1 year and less than 2 years |4 weeks pay |
|2 years and less than 3 years |7 weeks pay |
|3 years and less than 4 years |10 weeks pay |
|4 years and less than 5 years |12 weeks pay |
|5 years and less than 6 years |14 weeks pay |
|6 years and over |16 weeks pay. |
(b) Where the employee is 45 years of age or over, the employer shall pay the employee in accordance with the following scale:
|Minimum Years of Service |Retrenchment Pay |
|Less than 1 year |Nil |
|1 year and less than 2 years |5 weeks pay |
|2 years and less than 3 years |8.75 weeks pay |
|3 years and less than 4 years |12.5 weeks pay |
|4 years and less than 5 years |15 weeks pay |
|5 years and less than 6 years |17.5 weeks pay |
|6 years and over |20 weeks pay |
(c) "Week's pay" means the rate of pay for the employee concerned at the date of termination, and shall include in addition to the ordinary pay any overaward payments:
(1) shift allowances as prescribed in sub-clauses (i) and (ii) of clause 15-Penalty Rates and Shift Allowances;
(2) weekend penalties as prescribed in sub-clause (iii) of clause 15- Penalty Rates and Shift Allowances;
(3) service allowances as prescribed in subclause (i) of clause 27-Service Allowance;
(4) broken shift allowances as prescribed in clause 7-Hours;
(5) sleepover allowances as prescribed in clause 31- Sleepovers;
(6) apprentices’ TAFE examination allowances as prescribed in clause 41-Apprentices;
(7) climatic and isolation allowances as prescribed in clause 14-Climatic and Isolation Allowances;
(8) leading hand allowances as prescribed in clause 28- Leading Hands;
(9) Laundry and Dry Cleaning Certificate allowance as prescribed in Table 2 of Part B Monetary Rates of this Award.
(vi) Incapacity to Pay
Subject to an application by the employer and further order of the Industrial Relations Commission an employer may pay a lesser amount (or no amount) of retrenchment pay than that contained in sub-clause (v) Retrenchment Pay.
The Industrial Relations Commission shall have regard to such financial and other resources of the employer concerned as the Industrial Relations Commission thinks relevant, and the probable effect paying the amount of retrenchment pay in the said sub-clause (v) will have on the employer.
(vii) Alternative Employment
Subject to an application by the employer and further order of the Industrial Relations Commission, an employer may pay a lesser amount (or no amount) of severance pay than that contained in sub-clause (v) Retrenchment Pay, above if the employer obtains acceptable alternative employment for an employee.
43. Termination of Employment
(i) Employment, other than of a casual, will be terminated only by appropriate notice on either side or by the payment by the employer or forfeiture by the employee of wages in lieu of notice. Provided that employment may be terminated by part of the period of notice specified, and part payment or forfeiture, in lieu of the period of notice specified.
(ii) Notice of termination by employer -
(a)
(1)
|Period of Continuous Service |Minimum Period of Notice |
|1 year or less |1 week |
|More than 1 year but not more than 3 years |2 weeks |
|More than 3 years but not more than 5 years |3 weeks |
|More than 5 years |4 weeks |
(2) A Care Service Employee Grade 4 who has responsibility for the overall management of a facility and a Care Service Employee Grade 5 shall be entitled to four weeks notice.
(b) Employees aged 45 years or older will be entitled to an additional one week’s notice in the following circumstances:
(1) On completion of at least five years continuous service, for Care Service Employees Grade 4 who have responsibility for the overall management of a facility, and Care Service Employees Grade 5; and
(2) On completion of at least two years continuous service for all other employees other than casuals.
(c) Casuals are to be given notice to the end of the current shift worked.
(iii) Notice by Employee -
(a) Subject to sub-clauses (iii) (b) and (c) of this clause, employees shall give the employer one weeks notice of termination in writing.
(b) A Care Service Employee Grade 4 who has responsibility for the overall management of a facility and a Care Service Employee Grade 5 shall give four (4) weeks notice of termination in writing.
(c) Casuals shall only be required to give notice to the end of the current shift worked.
(iv) The employer may, without notice, summarily dismiss an employee at any time for misconduct or wilful disobedience. Payment is up to the time of dismissal only. Serious misconduct is where it would be unreasonable to require the employer to continue the employment during a notice period.
(v) The employer will give the employee a statement signed by the employer stating the period of employment and when the employment was terminated if the employee requests.
(vi) Abandonment of Employment -
(a) Where an employee is absent from work for a continuous period of two working days without the consent of the employer, and without notification to the employer, the employer shall be entitled to inform the employee by written correspondence that unless the employee provides a satisfactory explanation for her/his absence within two days of the receipt of such a request, the employee will be considered to have abandoned employment.
44. Notice Board
(i) The employer shall permit a notice board of reasonable dimensions to be erected in a prominent position upon which the Association representatives shall be permitted to post Association notices.
(ii) The employer shall keep exhibited a copy of this award in accordance with Section 361 of the Industrial Relations Act 1996.
45. Accommodation and Amenities
(i) The minimum standards as set out in all relevant occupational health and safety legislation shall be met in the provision of amenities to employees.
(ii) Such amenities must include:
(a) change rooms and lockers;
(b) meal room;
(c) facilities for boiling water, warming and refrigerating food and for washing and storing, dining utensils;
(d) rest room;
(e) washing and bathing facilities; and
(f) sanitary conveniences.
(iii) sub-clauses (i) & (ii) above shall not apply to homecare employees.
46. Inspection of Lockers
Lockers may only be opened for inspection in the presence of the employee but in cases where the employee neglects or refuses to be present or in any circumstances where notice to the employee is impracticable, such inspection may be carried out in the absence of the employee by an officer of the employer and a union representative where practicable, otherwise by any two officers of the facility appointed by the employer for that purpose.
47. Consultative Arrangements
The parties support the development of consultative arrangements in the aged care industry and to that end recommend that facilities establish consultative teams and that those teams meet regularly. The number of management representatives should not exceed the number of staff representatives. The meetings are a forum to allow the exchange of ideas and information on policies, procedures, etc. Members should encourage the development of skills by attendance at recognised training forums and greater participation of all employees in the consultative process.
48. No Extra Claims Commitment
It is a term of this award (arising from the decisions of the Commission in the 1998 State Wage Case) that the union undertakes, for the duration of the principles determined by those decisions, not to pursue any extra claims, award or overaward, except when consistent with these principles.
49. Training
(i) Employees will be given on-going training as necessary, relevant to their roles and responsibilities.
(ii) Each employee shall provide to his/her employer details of their attendance at 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 training attended by the employee.
(iv) Where practicable, such training shall be provided to employees during their normal rostered hours of work. Where this is not practicable:
(a) Employees shall attend 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 10-Overtime, attendance at such training shall be paid ordinary pay for the period of training.
(d) An employer requiring an employee to attend training shall also pay to the employee ordinary pay for time travelling to and from a period of training referred to in sub clause (c) that is in excess of the time normally taken for that employee to attend work.
(e) When receiving travelling time as set out in subclause (d) above in this clause, any employee using their own vehicle for attendance at such training shall be reimbursed as set out in Item 5 of Table 2, Part B of this Award.
(f) Training provided outside the normal rostered hours of work shall be arranged so as to allow full-time employees to have at least eight or ten hours off-duty before or after training and the end or beginning of their shift, whichever is applicable as set out in Clause 7-Hours. Where practicable, similar arrangements should also be made available to all other employees.
(g) Any training undertaken by an employee that occurs at a workplace is not intended to replace or supplement staffing levels and the normal levels of service delivery at such a workplace.
(h) Not withstanding sub-clause (ix) of Clause 7-Hours, sub-clause (ii) of Clause 10-Overtime will not apply where attendance at such training is outside the normal rostered working time of other than full-time employees and where it interrupts the applicable eight or ten hour break between shifts.
50. Leave Reserved
The parties agree that an analysis will be undertaken within six months to investigate and determine current classification structures within the Award with the view of ensuring their currency and appropriateness.
51. Area, Incidence and Duration
(i) This award shall apply to all employees employed by employers that are members of the A.S.A. and/or C.C.E.R., excluding those in the County of Yancowinna, who are:
(a) within the jurisdiction of the Voluntary Care Association Employees' (State) Conciliation Committee who come within the Constitution Rule of the Health and Research Employees' Association of New South Wales; and/or
(b) employed by or in connection with voluntary, religious, charitable and non-profit making private retirement villages, nursing homes and hostels for the aged in the private health, health-related and aged care industries, and nursing homes for the disabled in the private disability services industry, and who come within the Constitution Rule of Health and Research Employees' Association of New South Wales; and/or
(c) employed by or in connection with other accommodation support services and/or community residential units for disabled persons owned, managed or conducted by voluntary, religious, charitable and other non-profit making organisations in the private disability services industry and who come within the Constitution Rule of the Health and Research Employees' Association of New South Wales.
(ii) Provided that this award shall not apply to persons substantially engaged in counselling, social welfare advice and referral, assessment of disability, design of disability services programs, or community development work in connection with services for the disabled or social workers or social educators properly so-called; provided this exclusion does not apply to persons eligible to become members of the Health and Research Employees' Association who are employed as Residential Care Workers or Residential Services Assistants, and persons primarily engaged in supervising the work performed by disabled persons, or in domestic duties in Sheltered Workshops for the disabled.
(iii) Provided that with respect to the Grand United Centenary Nursing Homes, employees employed prior to 15 July, 1996 shall continue to be entitled to receive any benefit or benefits obtained in the Aged Care General Services (State) Award as varied which are greater than the benefit or benefits that are contained in this award.
(iv) This award shall not apply to:
(a) Novices, aspirants or persons who have taken the vows of religious orders.
(b) Persons who are employed in providing home care services to clients in private residences which are not operated as an adjunct to a retirement village, nursing home, hostel, accommodation support service or community residential unit or where the provisions of the Miscellaneous Workers Home Care Industry (State) Award, as varied, apply.
(v) This award rescinds and replaces the Charitable, Aged and Disability Care Services (State) Award published on 25 January 2002 (330 I.G 1023) and all variations thereof. This award shall take effect on 26 October 2001 but by administrative action will commence from the beginning of the first pay period on or after 1 July 2001, and shall remain in force until 30 June 2003.
PART B
THE RATES CONTAINED HEREIN SHALL BE DEEMED TO APPLY FROM THE FIRST FULL PAY PERIOD TO COMMENCE ON OR FROM THE DATES SHOWN IN EACH COLUMN.
Table 1 - Monetary Rates
|Classification |Rate as at |Rate as at |
| |1 July 2001 |1 July 2002 |
| |$ |$ |
|Care Service Employee | | |
|New Entrant Grade 1 Junior |402.20 |418.29 |
|Grade 1 |470.81 |489.64 |
|Grade 2 |483.69 |503.04 |
|Grade 3 |514.10 |534.66 |
|Grade 4 |541.06 |562.70 |
|Grade 5 - from |576.80 |599.87 |
| - To |952.24 |990.33 |
Note:- Employees classified and paid as Recreational Activities Officers as at 10 November, 1998 be reclassified in accordance with the new definitions of Care Service Employee. Employees reclassified at Grade 2 by virtue of the above exercise, shall be paid at Grade 3 from the effective date of this award, and continue to be so paid whilst employed in the provision of recreational activities by their current employer. These employees may be required to perform the duties of a Level 3 Care Services Employee where they have the skill and competence to do so.
Note:- Salary Band-Grade 5 - Employers and employees may negotiate a rate within the salary band as shown. For the purposes of this award, the rate so negotiated shall be deemed to be the employee's award rate of pay. Salaries in excess of the salary band may also be negotiated between the parties.
Maintenance Supervisors
|Maintenance Supervisor - (otherwise) |560.11 |582.51 |
|Maintenance Supervisor - (otherwise) |572.99 |595.91 |
|- in charge of staff | | |
|Maintenance Supervisor (Tradesperson) |610.28 |634.69 |
Catering Officer
|Trainee Catering Officer |
|1st year |491.62 |511.28 |
|2nd year |501.20 |521.24 |
|3rd year |512.10 |532.58 |
|Assistant Catering Officer |
|80-120 beds |517.27 |537.96 |
|120-300 beds |553.32 |575.45 |
|300-500 beds |596.06 |619.90 |
|500-1000 beds |612.95 |637.47 |
|Catering Officer |
|80-120 beds |579.27 |602.44 |
|120-200 beds |596.06 |619.90 |
|200-300 beds |612.95 |637.47 |
|300-500 beds |645.19 |671.00 |
|500-1000 beds |699.16 |727.13 |
Diversional Therapist
|1st year of experience |494.50 |514.28 |
|2nd year of experience |520.77 |541.60 |
|3rd year of experience |546.72 |568.59 |
|4th year of experience |572.68 |595.59 |
|5th year of experience and therafter |597.61 |621.51 |
Apprentices
|Apprentice Cook |
|1st year |308.46 |320.80 |
|2nd year |424.13 |441.09 |
|3rd year |475.54 |494.56 |
|Apprentice Gardener |
|1st year |257.05 |267.33 |
|2nd year |308.46 |320.80 |
|3rd year |411.28 |427.73 |
|4th year |462.69 |481.19 |
Homecare Employees
|Home care Employee |
|Grade 1 |473.90 |492.86 |
|Grade 2 |498.83 |518.78 |
|Grade 3 |535.70 |557.13 |
|Live-in Housekeeper |
|Grade 1 |616.15 |640.80 |
|Grade 2 |698.44 |726.38 |
|Grade 3 |831.62 |864.88 |
Clerical And Administrative Employees
|Juniors |
|At 16 years of age and under |256.70 |266.97 |
|At 17 years of age |291.10 |302.74 |
|At 18 years of age |333.90 |347.26 |
|At 19 years of age |376.20 |391.24 |
|At 20 years of age |414.60 |431.18 |
|Adults |
|Grade 1 |510.90 |531.34 |
|Grade 2 |543.33 |565.06 |
|Grade 3 |577.21 |600.30 |
|Grade 4 |604.40 |628.58 |
|Grade 5 |633.24 |658.57 |
Note 1:
Any employee paid on a classification/grade carrying a higher wage rate as at 10 November, 1998 shall have the difference between the higher rate and the new agreed grade/rate preserved whilst remaining to undertake the duties associated with the classification held prior to the date referred to above.
Note 2:
Clerks who are paid at a grade above that of Grade 5 as at 10 November, 1998 shall have the difference between that grade, inclusive of the 1998 State Wage Case Increase, and the new agreed grade preserved whilst employed in a clerical position with their current employer.
For example, the difference between the then new Grade 5 and the previous Grade 6 as at 10 November 1998 was $19.40 (ie $604.50 - $585.10 = $19.40). Accordingly it is this amount, which constitutes that historical difference, that is paid in addition to the current award rate for a Grade 5.
Similar calculations will need to be made for Grades 7 and 8
Table 2 - Other Rates And Allowances
|Item |Clause No |Brief Description | |Amount as |Amount |
|No | | | |of 1 July |as of 1 |
| | | | |2001 |July |
| | | | | |2002 |
| | | | |$ |$ |
|1 |7(xi)(c) |Broken Shift |Per shift |6.00 |6.24 |
|2 |9(iii)(a) |Overtime - Breakfast |Per meal |9.52 |9.92 |
|3 |9(iii)(b) |Overtime - Luncheon |Per meal |12.33 |12.82 |
|4 |9(iii)(c) |Overtime - Evening Meal |Per meal |18.07 |18.79 |
|5 |10(iii)(b) |Overtime - recall use of own vehicle |Per klm |0.26 |0.27 |
|6 |10(iii)(c) |On Call Allowance |Per day (24 hrs) |9.70 |10.08 |
|7 |14(i) |Climatic & Isolation Allowance |Pro rata |3.89 |4.05 |
|8 |14(ii) |Climatic & Isolation Allowance |Pro rata |7.35 |7.64 |
|9 |17(i)(a) |Cleaning/Scraping Work - confined |Per hour |0.37 |0.38 |
| | |space | | | |
|10 |17(i)(b) |Cleaning/Scraping Work - boiler/flue |Per hour |0.59 |0.61 |
|11 |17(iii) |Linen Handling - nauseous nature |Per hour |0.17 |0.17 |
|12 |17(v) |Use of Own Vehicle ** |Per klm |0.5075 | |
|13 |17(ix) |Laundry and Dry Cleaning Certificate |Pro rata |6.07 |6.84 |
| | |Allowance | | | |
|14 |28(ii) |Leading Hand Allowance - in charge |Pro rata |15.90 |16.54 |
| | |2-5 employees | | | |
|15 |28(ii) |Leading Hand Allowance - in charge |Pro rata |22.72 |23.63 |
| | |6-10 employees | | | |
|16 |28(ii) |Leading Hand Allowance - in charge |Pro rata |28.69 |29.84 |
| | |11-15 employees | | | |
|17 |28(ii) |Leading Hand Allowance - in charge |Pro rata |35.06 |36.46 |
| | |16-19 employees | | | |
|18 |30(i)(c) |Uniform Allowance |Pro rata |4.93 |5.13 |
|19 |30(i)(d) |Special Type Shoes Allowance |Pro rata |1.53 |1.59 |
|20 |30(i)(e) |Cardigan or Jumper Allowance |Pro rata |1.48 |1.54 |
|21 |30(i)(f) |Laundry Allowance - Uniform |Pro rata |4.11 |4.27 |
|22 |31(ii)(d) |Sleepover Allowance |Per shift |29.62 |30.81 |
|23 |41(vi) |Apprentice - TAFE Examination |Per week |1.41 |1.47 |
| | |Allowance | | | |
Note:
This rate will be adjusted on 1 July of each year by the variation that has occurred in the NRMA recommended rate for private vehicle use.
I. R. NEAL, Commissioner.
____________________
Printed by the authority of the Industrial Registrar.
|(1620) |SERIAL C1143 |
383 KENT STREET BUILDING PROJECT AWARD
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Application by Employers' First, industrial organisation of employers.
(No. IRC 1666 of 2001)
|Before The Honourable Justice Walton, Vice-President |14 March 2001 |
AWARD
CONTENTS
Clause No. Subject Matter
1. Preamble
2. Objectives
3. Title
4. Parties
5. Application of Project Award
6. No Extra Claims
7. Period of Operation
8. Application
8.1 Enterprise Agreements
8.2 Parent Awards
8.3 NSW Government's Code of Practice
9. Monitoring Committee
10. Inductions
11. Amenities
12. Clothing
12.1 Safety Footwear
12.2 Work Clothing
12.3 Jackets
12.4 Equivalent Clothing
13. Productivity Improvements
13.1 Meal Breaks
13.2 Hours of Work
13.3 Rostered Days Off
13.4 Site Access
13.5 Inclement Weather
13.6 Effective Use of Resources
13.7 Best Practice
14. Performance Payment
15. Safety Dispute Settling Procedures
16. Hours of Work
16.1 Ordinary Hours of Work
16.2 Implementation of 38-hour Week
17. Workers' Compensation
18. Long Service Compliance
19. Worker's Compensation Top-up Cover and 24 hour accident cover
20. Superannuation
21. Redundancy
22. Delegates
23. Compliance with Award and Statutory requirements
24. Industry Convention
25. Immigration Compliance
26. Anti-Discrimination
27. Personal/Carer's Leave
28. Union Right of Entry
29. Dispute Settlement Procedures
29.1 Industrial
29.2 Subcontractor
29.3 Project
29.4 Award
29.5Demarcation Disputes
30. Not a Precedent
Signature Pages
Annexure A - Classifications Covered by this Project Award'
1. Preamble
This Project Award has been reached between Leighton Contractors Pty Limited ("Leighton") and the Labor Council of NSW, on behalf of the Unions named herein and their members, and shall operate on and from the date construction work commenced on this Project.
This Project Award governs particular terms and conditions of employment for employees working on-site at the 383 Kent Street Building Project.
The terms and conditions of this Project Award are to operate in conjunction with subcontractor's enterprise agreements, and the rights and obligations of subcontractors, and employees under awards (listed in Annexure A) and agreements.
2. Objectives
The primary objective, of this Project Award is to provide a framework for Leighton and its subcontractors to manage the project so as to achieve project milestones as set out herein, in compliance with the NSW Governments Code of Practice and Leightons contractual obligations.
Additional objectives of this Project Award are:
1. To provide a framework for Leighton and its sub-contractors to manage those issues on the project which affect or may affect more than one sub-contractor.
2. To improve productivity by initiatives aimed at:
(a) communication, consultation and relationships between employer, employees and unions;
(b) health and safety;
(c) training and skill formation; and
(d) flexible workplace practices.
3. To provide good wages and conditions to all employees engaged on the project.
4. To ensure that subcontractors comply with the provisions of this Award, applicable awards and/or enterprise agreements and legislative requirements.
5. To promote and implement improved work methods and productivity.
6. To complete the Project on time or earlier to quality requirements, and within budget.
7. To adopt a co-operative and non-adversarial approach to all industrial relations issues.
8. To assist in developing a harmonious relationship between Leighton, Sub-Contractors, Unions and employees in respect of this Project.
9. To enhance occupational health and safety practices.
3. Title
This Project Award shall be known as the 383 Kent Street Building Project Award ("this Award").
4. Parties
The parties to this Project Award are:
Leighton Contractors Pty Limited; and the
Labor Council of NSW; on behalf of the Unions.
Construction, Forestry, Mining and Energy Union (Construction and General Division) NSW Branch; The Electrical Trades Union of Australia; New South Wales Branch; The Communications Electrical Electronic Energy Information Postal Plumbing and Allied Services Union, Plumbing Division. Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, New South Wales Branch; Transport Workers Union, New South Wales Branch.
5. Application of Project Award
This Project Award shall apply to all on-site construction work on the 383 Kent Street Building Project. This Award does not apply to off-site or purely incidental activities such as delivery of materials to site.
The parties shall neither lodge a claim for a flow-on of any term or condition of this Award to the off-site employees of the contractor, or subcontractors, or other contractors, nor use any term or condition of this Award as a precedent on any other Leighton project. This Award does not apply to persons entering the site to deliver, unload or to pick up goods and materials or to service equipment and to any other maintenance or construction work being carried out by others not under Leightons Contract.
Any disputes concerning the application of this Award shall be resolved in accordance with clause 29, Dispute Settlement Procedures.
6. No Extra Claims
The parties shall not make any extra claims in respect of matters covered in this Award for the duration of this Award.
7. Period of Operation
This Award shall operate on and from 2 March 2001 until 30 April 2002, or the completion of work on the Project which ever occurs last.
8. Application
8.1 Enterprise Agreements
Leighton and each sub-contractor will utilise their existing Enterprise Agreement on the Project.
It is the intention of the parties that the terms and conditions of this; Project Award supersede the terms and conditions of any applicable state award/s to the extent of any inconsistency between the terms and conditions of the Project Award and any such awards. Such suppression is strictly limited to engagement of employees and/or employers performing work on the Project, and to the periods of operation of the Project. This Project Award shall not operate so as to reduce the total entitlements of any employee with respect to their existing wages and conditions.
8.2 Parent Awards
This Project Award is generally intended to supplement and co-exist within the terms of existing enterprise agreements and awards and it's primary purpose is to provide a framework for Leighton, it's Sub-Contractors, Labor Council and the relevant Unions, to manage those issues on the Project which affect more than one Employer.
This Project Award shall apply to all employees engaged to perform construction or related work on the project who are covered - or able to be covered - by the classifications within the awards listed in Annexure A of this Project Award, and to all Unions named in Clause 4, and to all employers of such employees who perform work on the project.
Where the terms of 1he Project Award are silent, the terms and conditions of any applicable award or enterprise agreement shall apply.
8.3 NSW Government Code of Practice
The Parties each undertake to actively promote compliance with the provisions of the NSW Government Code of Practice and the NSW Government Code of Tendering for the Construction Industry.
9. Monitoring Committee
The parties shall establish a Monitoring Committee ("The Committee") for the purpose of resolving issues that may arise in the application of this Award.
The Monitoring Committees members shall be nominated by and represent Leighton and the subcontractors, the Labor Council of NSW and the Unions. The committee will have 5 members, 2 appointed by Leighton and representing Leighton and its subcontractors, and 2 appointed by and representing the Unions and their members, and 1 appointed by and representing the Labor Council of NSW.
The representative of the Labor Council of NSW shall be the delegated Chairperson, and be responsible for calling meetings, issuing agendas and taking minutes.
The Monitoring Committee may meet monthly, or more regularly if required.
The Monitoring Committee may invite other persons including representatives of the NSW Government Construction Policy Steering Committee to attend its meetings.
10. Inductions
10.1 All employees entering the site must have undergone:
(a) General Industry Induction Training;
(b) Work Activity Induction Training; and
(c) Site Specific Induction Training.
10.2 Evidence of the completion of the General Industry Induction Training and the Work Activity Induction Training must be presented to Leighton Contractors Pty Limited prior to any employee commencing work on site.
10.3 Each employee will receive a site induction card after completing the Site Specific Induction Training and access to the Project site will only be granted to an employee who exhibits the issued site induction card. However, in the case of a lost card, an employee's identity will be confirmed prior to any issue of a temporary site induction card and ultimately a replacement card.
Each employee's site induction card must be carried by the employee whilst engaged on the Project and is not transferable under any circumstances to any other person.
These procedures are intended to substantially improve the security on the Project and have a positive impact on the level of safety provided to employees on the Project.
Any costs associated with the inductions shall be borne by each employer of the employee other than authorised union officials.
11. Amenities
Amenities on the project shall comply with the standards laid down in the relevant Award(s), Codes of Practice, Austra1ian Standards and Legislation.
12. Clothing
Employers will provide their employees with the following items of clothing provided that if an employer has obligations to provide clothing under an award or enterprise agreement of an equivalent standard then such employer will not be bound by the terms of this clause.
12.1 Safety Footwear - Appropriate safety footwear will be issued upon commencement of work on the Project and will be replaced on a fair wear; and tear basis thereafter provided they are produced to the employer for inspection.
12.2 Work Clothing: Trousers and Shirts, or Bib and Brace Overalls and Shirts, or Combination Overalls.
Dependent upon the appropriate trade 2 sets of either of the above will be provided after accumulated employment on the Project by an employee of 152 hours and will be replaced twice per calendar year or as a result of fair wear and tear provided they are produced to the employer for inspection.
12.3 Jackets - Each employee, after accumulated employment on the Project of 152 hours shall be eligible to be issued with one Australian made warm bluey jacket or lined woollen jacket or equivalent, which will be replaced once per calendar year or by fair wear and tear.
The type of jacket issued to an employee will be determined by the nature of work performed to ensure that the jacket is not unsafe for the work performed by each employee.
12.4 Equivalent Clothing - Where documented evidence can be shown that the equivalent clothing referred to in above has been supplied by the employer within the last three month period, then the above will not apply.
13. Productivity Improvements
A prerequisite for completing the project on or before time is that the time available for productive work be maximised; and, in turn, the maximisation of time requires flexibility in programming the works. To this end, unions, Leighton and subcontractors shall co-operate to achieve such flexibility in areas specified, but not necessarily limited to, those over.
13.1 Meal Breaks - Meal breaks may be staggered so as to maintain production during the day.
The staggering of meal breaks shall be sought by agreement between the contractor or subcontractor with its employees/union delegate(s).
There will be no unreasonable interruption to the comfort of employees during meal breaks and all sheds will be maintained in a clean and hygienic condition at all times.
13.2 Hours of Work - Ordinary hours of work shall take place between 6.00 a.m. and 6.00 p.m.
However, by agreement between the parties, the starting time for ordinary hours of work may be extended to 5.00 a.m.
13.3 Rostered Days Off - Rostered Days Off ("RDO's") may be staggered and banked so as to maintain production during crucial stages of the construction programme.
Each company will maintain records which will be made available for inspection by the relevant union representative. These records must detail RDO's and accrued RDO entitlements for each employee. All such details will also be recorded on employee pay slips.
Agreement on the staggering and banking of RDO's shall be sought by the subcontractor with its employees/union delegate(s).
Where agreement is reached between the subcontractor and its employees/union delegate(s), and an alternative day is substituted for the scheduled RDO, the scheduled RDO shall be regarded as an ordinary working day.
Subject to future agreement(s) between the parties, a minium of five RDO's may be banked during any 12 month period.
Where an employee has banked their full entitlements of "Banked RDO's" in accordance with their enterprise agreement provisions, then that employee will be required to take off all subsequent scheduled RDO's in the current 12 month period until such time that the employee reduces their "Banked RDO" entitlements.
It is acknowledged that different arrangements in relation to the banking of RDO's may apply to members of the CEPU.
13.4 Site Access - Safe means of access and egress to all construction areas will be maintained on the Project to enable all employees to get to and from work areas without delay.
13.5 Inclement Weather - The parties are committed to minimising lost time due to inclement weather, and ensuring that no employee works in an unsafe area or uses an unsafe work method. To this end, the parties shall adopt a reasonable approach to what constitutes inclement weather, and comply with the following procedures for work to continue during periods of inclement weather.
(a) where an area of the project is affected by inclement weather, all the employees in areas not affected by inclement weather shall continue working, regardless of the fact that employees in the areas affected by inclement weather may not be employed in productive work;
(b) employees in an area affected by inclement weather shall accept transfer to an area, or site, not affected by inclement weather if, in the opinion of the parties, productive work is available in that area, or site, and that work is within the scope of the employees skill, competence and training.
(c) where it is not possible to transfer employees to non affected areas, or where there is no productive work in the non affected areas, non-productive time may be used for activities such as training, planning and re-programming of the project. Training provided is to be accredited training relating to the employees trade or calling. Workers will not be unnecessarily held on the project.
Any dispute(s) concerning application of this inclement weather procedure shall be referred to the monitoring committee for resolution.
Nothing in the above procedure shall override the rights of the Safety Committee under clause 23 of the Occupational Health and Safety Act 1983.
13.6 Effective Use of Resources - The parties to this Award agree to maximise the use of resources to meet key program dates and smooth production flows.
13.7 Best Practice - The parties agree that Best Practice is simply the best way of doing things. It is a process of constantly changing and adapting to new procedures and work methods. Best practices are not fixed. At any particular point in time, it is the method of operation to achieve exemplary levels of performance. Best practice is not restricted to an examination of cost, but also includes quality and timely completion of work in a safe and efficient manner.
(a) The Project's Best Practice includes:
Understanding and measuring Client needs;
Skill enhancement of the workforce;
Flexible workforce, committed to change;
Employee involvement;
Provision of healthy and safe working environment and work practices;
The achievement of excellence through continuous improvement.
(b) This Award and best practice should result in expected benefits, viz:
The Project being regarded as a Superior Class facility, providing well paid, satisfying jobs in a safe and healthy work environment.
The construction program being completed in a timely manner which allows for the most efficient sequence of operation and utilisation of resources.
Reduction in errors and defects through the application of quality systems and effective planning, scheduling and information flow.
Reduced cost inputs through more efficient use of personnel and equipment resources.
No lost time due to industrial disputation.
14. Performance Payment
Introduction - A performance payment linked to works completed against the construction program shall apply to the Project.
The performance payment shall relate to achievements for works completed to Targets and Project Milestones.
The Completion to Targets and Project Milestones Payment shall be calculated and paid as follows:
the parties to this Award shall establish monthly Targets and review dates with reference to the Project Milestones.
the monthly reviews will certify the achievement of Targets for the purpose of entitlement to the payment for works completed.
the payment shall be $2.00 per hour paid for each hour of time worked on and from the date of commencement each employee commenced work on the Project.
payment shall be made as part of their weekly wages.
payment shall be made progressively in the normal weekly wages.
payment is not subject to CPI.
In the event that a monthly Target is not achieved, the Monitoring Committee shall meet to determine:
the reason why the Target was not achieved.
the action required to catch up to the Target.
if payment shall continue for the coming month.
however, if in spite of the parties best efforts, a Target is not achieved for two consecutive months and there are no extenuating circumstances then the Monitoring Committee shall meet to discuss why that Target has not been achieved and how best time can be made up to ensure Targets are achieved.
payment shall be calculated on an hours worked basis only, and shall not include any calculation of award or other entitlements. This payment does not attract any penalty or premium.
The Project Milestone Dates Are:
|383 KENT STREET BUILDING MILESTONES |Date Monthly |
|Assessment of Progress | |
|Milestone 1 |Car Park Facade Complete |15 May 2001 |
|Milestone 2 |Car Park Complete and Re-Opens |1 July 2001 |
|Milestone 3 |Tower Lift Motor Room Complete |10 October 2001 |
|Milestone 4 |Tower Facade Complete |20 November 2001 |
|Milestone 5 |Tower Complete |1 March 2002 |
if a Project Milestone Date is not achieved and there are no extenuating circumstance(s) acceptable to the Monitoring Committee, then no payment will be made against achievement of that Milestone.
if in the following period(s) work catches up to allow achievement of the subsequent Project Milestone(s) then a payment shall be made and shall include payment(s) for the preceding Project Milestone.
the parties agree that the Leighton Project Manager, in conjunction with the Monitoring Committee shall determine if the identified Milestones for the Project have been achieved.
|PAYMENT APPLICATION OF THE PERFORMANCE PAYMENT PAYABLE TO EMPLOYEES |
|Type Of Work And Status |Performance Payment |
|Of engagement |Application |
|Normal Work |Applies |
|Sick Leave |Does not apply |
|Annual Leave |Does not apply |
|Public Holidays |Does not apply |
|Rostered Days Off |Applies |
|Workers Compensation |Does not apply |
|Training n-site |Applies |
|Jury Duty |Does not apply |
|Bereavement Leave |Does not apply |
|Inclement Weather Off Site |Does not apply |
|Inclement Weather On Site |Applies |
|Unauthorised Stoppages |Does not apply |
|Any other paid downtime |Does not apply |
15. Safety Dispute Settling Procedures
No employee will be required to work in or on an unsafe area or process on the Project. Where a safety problem has been identified by the safety committee which prevents work from occurring in any area, work shall cease in the immediate affected area only. Priority will be given to rectifying unsafe access areas. If any access areas are unsafe, employees will use alternative safe access.
Should a safety dispute arise over whether one or more work areas are safe or not, the following procedures shall apply.
(a) Employees shall not leave the Project unless directed to do so by their Employer in the event of an emergency;
(b) immediate inspection of the affected work areas will be carried out by both Leighton and employee representatives of the safety committee;
(c) Leighton will select the sequence of inspections of areas:
(d) the inspection shall identify the safety rectification work required in each area;
(e) as safety rectification work is agreed for each area, all relevant employees shall immediately commence such rectification works;
(f) upon verification that such rectification has been completed, normal work will resume progressively in each area;
(g) should any dispute arise as to the rectification work required to any area, then Leighton will immediately call the designated WorkCover Authority inspector to recommend the rectification work. The NSW Government Code of Practice for the Construction Industry Occupational Health and Safety Disputes provisions contained in 6.3 of the Code shall apply.
Nothing in this clause shall negate or contradict any rights and or obligations under the Occupational Health and Safety Act.
16. Hours of Work
16.1 Ordinary Hours of Work - The ordinary hours of work shall be based in an average of 38 hours per week, to be worked between the hours of 6.00 a.m. to 6.00 p.m., Monday to Friday. The ordinary hours of work shall not exceed 8 hours on any one-day.
16.2 Implementation of 38-Hour Week
16.2.1 Rostered Days Off (RDO's) may be taken on a day agreed by an employee and employer or 19 days before or after the designated industry RDO. Where an employee elects he/she may bank a minium of five RDO's in a 12-month period. The weekly pay slip of an employee shall record accumulated RDO entitlements.
16.2.2 Substitute Days - The flexibility for taking substitute Rostered Days Off (RDO's) shall be in accordance with the provisions outlined in subclause 13.3 of this award.
17. Workers' Compensation
Leighton and subcontractors must ensure that all persons engaged to work on the project are covered by adequate levels of workers' compensation insurance.
Leighton will audit Certificates of Currency from each subcontractor engaged on site to ensure that the wages estimate and tariff declared for the type of work undertaken is correct. This information will be available to accredited Union officials on request.
Leighton and subcontractors shall keep, a register of injuries/site accident book in a readily accessible place on site;
All employees must enter in the register any injury received by the employee. The contractor/subcontractor must be notified of all injuries on site immediately;
An employer who receives a claim for compensation, must within seven days of receipt, forward the claim or documentation, to their insurer;
An employer who receives a request from their insurer for further specified information must within seven days after receipt of the request, furnish the insurer with the information as is in the possession of the employer or reasonably obtained by the employer;
An employer who has received compensation money from an insurer shall as soon as practicable pay the money to the person entitled to the compensation.
18. Long Service Compliance
If applicable, in accordance with the NSW Building and Construction Industry Long Service Leave Act, no employee will be engaged on site unless he or she is a worker registered under the relevant long service leave legislation. All subcontractors (if applicable) engaged on site will be registered as employers in accordance with the NSW Building and Construction Industry Long Service Payments Act and will strictly comply with their obligations.
All Employers shall provide documentary evidence from the Long Service Payments Corporation to Leighton where applicable.
19. Workers' Compensation Top-Up Cover and 24-Hour Accident Cover
Only to the extent that such cover is not otherwise available to an employee, Leighton shall effect with a company of its choice both top-up insurance and 24 hour accident cover. Benefits afforded by such cover shall be equivalent to the benefits provided by Coverforce Insurance Administrators Pty Ltd (ACN 067 079 261) under the company's Coverforce Top-Up Accident Scheme. Leighton shall have the discretion at any time to effect the policy with any company provided that the policy allows for equivalent benefits. An additional $25,000.00 outside of working hours accidental death cover will be provided in addition to death cover already provided by CTAS.
20. Superannuation
Each employer shall comply with its award, or enterprise agreement and legislative obligations in respect of superannuation, except that the minimum weekly contribution for all employees shall be $75.00 per week on and from the date of commencement on site and is subject to the Consumer Price Index (all capital cities) adjustment each 6 months commencing from 1 January 2001.
21. Redundancy
Each employer shall comply with its award obligations or enterprise agreement provisions in respect of redundancy, except that the minium weekly contribution for all employees on and from date of commencement on site shall be $56.00 per week and is subject to the Consumer Price Index (all capital cities) adjustment each 6 months commencing from 1 January 200 1.
22. Delegates
Site delegates of the respective unions will be accepted by the Project Manager, the Contractors and their Subcontractors. The names of delegates should be advised to the Project Manager. Delegates will be given appropriate time and facilities to assist them in their duties. Delegates will be given the opportunity for relevant paid trade union training and time to attend union meetings authorised by the Secretary of the relevant union. Any costs associated with the implementation of the provisions in this Clause shall be paid by each Employer.
23. Compliance With Award and Statutory Requirements
All Employers shall comply with their obligations under this Award, any, enterprise agreement, applicable award(s) and legislation.
Further, arrangements or practices designed to avoid award and legislative obligations, such as cash in hand, sham subcontractor arrangements and all in payment systems shall not be allowed on the project nor will inappropriate adoption of ABN and PPS arrangements.
In consultation with the authorised union official, Leighton will establish a mechanism to ensure that the requirements of this Award are met.
24. Industry Convention
The Parties are aware of the convention of some Employers making payments or providing conditions to their employees in excess of the relevant awards or enterprise agreement by private treaty for incentive purposes or for the purpose of attracting labour.
The Parties agree they will not seek to change the terms of this Award as a result of a private treaty as described above nor will they seek redress from any employer.
25. Immigration Compliance
The Parties are committed to compliance with Australian immigration laws so as to ensure maximum work opportunities for unemployed Australian citizens and permanent residents. Subcontractors will be advised by Leighton of the importance of immigration compliance. Where there is concern that illegal immigrants are being engaged by a subcontractor on the project, the principal contractor will act decisively to ensure compliance.
26. Anti-Discrimination
26.1 It is the intention of the parties bound by this award to seek to achieve the object in section 3(f) of the Industrial Relations Act 1996 to prevent and eliminate discrimination in the workplace. This includes discrimination on the ground of race, sex, marital status, disability, homosexuality, transgender identity, age and responsibilities as a carer.
26.2 It follows that in fulfilling their obligations under the dispute resolution procedure prescribed by this award the parties have obligations to take all reasonable steps to ensure that the operation of the provisions of this award are not directly or indirectly discriminatory in their effects.
26.3 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.
26.4 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 practise 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.
26.5 This clause does not create legal rights or obligations in addition to those imposed upon the parties by the legislation referred to in this clause.
27. Personal/Carer's Leave
27.1 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) of this subclause, 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 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, the 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) a de facto spouse who, in relation to a person, is a person of the opposite sex to the first mentioned person who lives with the first mentioned person as the husband or wife of that person on a bona fide domestic basis although not legally married to that person; or
(c) a child or an adult child (including an adopted child, a step- child, a foster child or an ex-nuptial child), parent (including a foster parent and legal guardian), grandparent, grandchild or sibling of the employee or spouse or de facto spouse of the employee., or
(d) a same sex partner who lives with the employee as the de facto partner of that employee on a bona fide domestic basis; or
(e) a relative of the employee who is a member of the same household where, for the purposes of this subparagraph:
(i) "relative" means a person related by blood, marriage or affinity.,
(ii) "affinity" means a relationship that one spouse, because of marriage, has to blood relatives of the other; and
(iii) "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.
27.2 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 (27.1) of this clause who is ill.
27.3 Annual Leave
(a) An employee may elect, with the consent of the employer, subject to the Annual Holidays Act 1944, to take annual leave riot exceeding five days in single-day periods, or part thereof, in any calendar year at a time or times agreed to 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.
27.4 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 (27.1) of this clause, 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.
27.5 Make-up Time
(a) An employee 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 during the spread of ordinary hours 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.
27.6 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.
28. Union Right of Entry
Union officials with powers of entry under either Federal or State legislation shall report to the Leighton Project Manager's site office upon arrival and before proceeding onto the Project.
29. Dispute Settlement Procedures
29.1 Industrial
The Parties shall use their best endeavours to prevent industrial disputes arising on the project.
In the event that an industrial dispute does arise, the parties shall USE) their best endeavours to resolve the dispute by adopting the following dispute settlement procedures.
While the dispute is being resolved, work shall continue in accordance with the status quo prior to the dispute, but no party shall be prejudiced as to final settlement of the dispute by the continuance of work pursuant to this subclause.
29.2 Subcontractor
In the event of a dispute involving an individual subcontractor and its employees, the parties to the dispute shall adopt the following procedure:
Step 1 - At first instance the employee(s) shall raise any grievances with the supervisor and the union delegate.
Step 2 - If after Step 1 the dispute remains unresolved, the union delegate and the project manager shall confer with the subcontractor's on-site manager in an attempt to resolve the dispute.
Step 3 - If after Step 2 the dispute remains unresolved, the union delegate and the project manager shall refer the dispute to the project's Monitoring Committee for resolution.
Step 4 - If after Step 3 the dispute remains unresolved, the subcontractor and/or the union shall notify either the Industrial Relations Commission of NSW ("IRC NSW') or the Australian Industrial Relations Commission ("AIRC") of a dispute.
The IRC NSW's or the AIRC's decision shall be binding on all parties, subject to the parties' right of appeal.
29.3 Project
In the event of a dispute involving Leighton, all subcontractors and their employees, the parties to the dispute shall adopt the following procedure:
Step 1 - At first instance the employee(s) shall raise any grievances with the supervisor and/or union delegate.
Step 2 - If after Step 1 the dispute remains unresolved, the union delegates and the site managers of each subcontractors involved in the dispute shall confer with the Leighton Project Manager for assistance to resolve the dispute.
Step 3 - If after Step 2 the dispute remains unresolved, the union delegates and the Leighton Project Manager shall refer the dispute to the project's Monitoring Committee for resolution.
Step 4 - If after Step 3 the dispute remains unresolved, Leighton or the union(s) shall notify either the IRCNSW or the AIRC of a dispute. The IRCNSW or the AIRC's decision shall be binding on all parties, subject to the parties right of appeal.
29.4 Award
In the event of a dispute over this Award other than inclement weather, the Parties shall adopt Steps 1, 2 and 3 of the "project" dispute settlement procedures.
If the Monitoring Committee cannot resolve the dispute, the Monitoring Committee shall refer the dispute to the Parties for resolution.
If the Parties cannot resolve the dispute, the Parties shall refer the dispute to either the IRCNSW or the AIRC for determination; and, in referring the dispute, the Parties shall seek to have the matter dealt with by a senior member of that Commission.
The Parties agree that a 7 day cooling off period shall if necessary, apply to any dispute which occurs on the project.
The IRC NSW's or the AIRC's decision shall be binding on all Parties, subject to the Parties' rights of appeal.
29.5 Demarcation Disputes
In the event that a demarcation dispute arises and the dispute cannot be resolved between two or more Unions over coverage of any particular item of work, then the Unions agree to resolve the dispute in a timely manner strictly in accordance with the following procedures:
(a) ensure that no stoppage of work or other forms of industrial action occur;
(b) notify the Labor Council of NSW of the demarcation dispute. The Labor Council of NSW will participate in any discussions or meetings convened to try to reconcile the relevant Unions or members.
(c) all Parties to this Award reserve their right to submit matters in dispute to either the IRC NSW or the AIRC for determination.
Not withstanding anything in this clause the status quo prior to the dispute shall prevail and work shall continue while the dispute is resolved.
Parties to this Award agree to abide by the terms of the Demarcation Agreements which exist between the Unions.
30. Not a Precedent
The parties to this Award will not use this Award as precedent on any other project.
SIGNED for and on behalf of LEIGHTON CONTRACTORS PTY LIMITED. In the presence of:
……………………………………………………………..
Signature of Witness
Name of Signatory (Print)
……………………………………………………………..
Name of Witness (Print)
Date:
SIGNED for and on behalf of THE LABOR COUNCIL OF NSW. In the presence of:
.........................……………..…………………………………
Signature of Witness
Name of Signatory (Print)
……………………………..………………………………….
Name of Witness (Print)
Date:
SIGNED for and on behalf of CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION CONSTRUCTION AND GENERAL DIVISION NSW BRANCH. In the presence of:
…………………………..…………………………………
Signature of Witness
Name of Signatory (Print)
…………………………….…………………………………
Name of Witness (Print)
Date:
SIGNED for and on behalf of THE ELECTRICAL TRADES UNION OF AUSTRALIA NEW SOUTH WALES BRANCH. In the presence of:
…………………………………………………………….
Signature of Witness
Name of Signatory (Print)
…………………………………………………………..
Name of Witness (Print)
Date:
SIGNED for and on behalf of THE TRANSPORT WORKERS' UNION OF AUSTRALIA NEW SOUTH WALES BRANCH. In the presence of:
……………………………..……………………………….
Signature of Witness
Name of Signatory (Print)
……………………………..………………………………
Name of Witness (Print)
Date:
SIGNED for and on behalf of THE COMMUNICATIONS ELECTRICAL ELECTRONIC ENERGY INFORMATION POSTAL PLUMBING AND ALLIED SERVICES UNION, PLUMBING DIVISION. In the presence of:
…………………………..……………………………….
Signature of Witness
Name of Signatory (Print)
…………………………….………………………………
Name of Witness (Print)
Date:
SIGNED for and on behalf of AUTOMOTIVE, FOODS, METALS, ENGINEERING, PRINTING and KINDRED INDUSTRIES UNION NEW SOUTH WALES BRANCH. In the presence of:
……………………………………………………………
Signature of Witness
Name of Signatory (Print)
……………………………………………………………
Name of Witness (Print)
Date:
ANNEXURE A
CLASSIFICATIONS COVERED BY THIS PROJECT AWARD
Those classifications covered by the following Awards:
Federal Awards
National Building and Construction Industry Award 1990.
National Metal and Engineering On-Site Construction Industry Award 1989.
Plumbing Industry (New South Wales) Award 1983.
Sprinkler Pipe Fitters Award 1975.
State Awards
General Construction and Maintenance, Civil and Mechanical Engineering (State) Award.
Building and Construction Industry Labourers' On-Site (State) Award.
Building Tradesmen (State) Construction Award.
Electrical Contracting Industry (State) Award.
Plant, Operators on Construction (State) Award.
Plumber, and Gasfitters (State) Award.
Landscape Gardeners on Building and General Construction and Maintenance, Civil and Mechanical Engineering (State) Award.
Transport Industry - Interim State Award, and applicable NSW Determinations.
Metal and Engineering Industry (NSW Interim Award).
M. J. WALTON J, Vice-President.
____________________
Printed by the authority of the Industrial Registrar.
|(1162) |SERIAL C1050 |
CONFECTIONERS (STATE) TRAINING WAGE AWARD
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Application by the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, New South Wales Branch, industrial organisation of employees.
(No. IRC 5470 of 2001)
|Before The Honourable Justice Walton, Vice-President |4 September 2001 |
VARIATION
1. Delete Part B, Monetary Rates of the Arrangement, of the award published 25 January 2002 (330 I.G. 1076), and insert in lieu thereof the following:
PART B
MONETARY RATES
Table 1 - Weekly Rates - Industry/Skill Level A
Table 2 - Weekly Rates - Industry/Skill Level B
Table 3 - Weekly Rates - Industry/Skill Level C
Table 4 - School Based Traineeships
Table 5 - Hourly Rates for Trainees Who Have Left School
Table 6 - Hourly Rates for School Based Traineeships
Appendix A - Industry Skill Levels
2. Delete clause 4, Definitions, and insert in lieu thereof the following:
4. Definitions
Structured Training means that training which is specified in the Training Plan, which is part of the Training Agreement registered with the relevant NSW Training Authority. It includes training undertaken both on and off-the-job in a traineeship scheme and involves formal instruction, both theoretical and practical, and supervised practice. The training reflects the requirements of a Traineeship approved by the relevant NSW Training Authority and leads to a qualification set out in clause 5(f).
Parent Award means an award that applies to a Trainee, or that would have applied, but for the operation of this award.
Relevant Union means a union party to the making of the Parent Award and which is entitled to enrol the Trainee as a member.
Trainee is an individual who is a signatory to a training agreement registered with the relevant NSW Training Authority and is involved in paid work and structured training which may be on or off the job. A trainee can be full-time, part-time or school-based.
School Based Trainee is a student enrolled in the Higher School Certificate or equivalent qualifications, who is undertaking a traineeship which forms a recognised component of their HSC curriculum, and is endorsed by the relevant NSW Training Authority and the NSW Board of Studies as such.
Traineehip means a system of training which has been approved by the relevant NSW Training Authority and includes full-time traineeships and part-time traineeships including school-based traineeships.
Traineeship Agreement means an instrument which establishes a Traineeship under the Industrial and Commercial Act 1989. (Note: Under the Industrial and Commercial Training Act 1989, a training agreement is also referred to as an indenture).
Training Plan means a programme of training which forms part of a Training Agreement registered with the Relevant NSW Training Authority
Relevant NSW Training Authority means the Department of Education and Training, or successor organisation.
Year 10 for the purposes of this award, any person leaving school before completing Year 10 shall be deemed to have completed Year 10.
3. Delete clause 6, Employment Conditions, and insert in lieu thereof the following:
6. Employment Conditions
(a) A Trainee shall be engaged as a full-time employee for a maximum of one year's duration or a part-time trainee for a period no greater than the equivalent of one year full-time employment.
For example, a part-time trainee working 2½ days per week (including the time spent in approved training) works (and trains) half the hours of a full-time trainee and therefore their traineeship could extend for a maximum of two years.
In any event, unless the Relevant NSW Training Authority directs, the maximum duration for a traineeship shall be thirty six months.
By agreement in writing, and with the consent of the relevant NSW Training Authority, the relevant employer and the Trainee may vary the duration of the Traineeship and the extent of approved training provided that any agreement to vary is in accordance with the relevant Traineeship.
(b) A trainee shall be subject to a satisfactory probation period of up to one month which may be reduced at the discretion of the employer.
(c) Where the trainee completes the qualification in the Training Agreement, earlier than the time specified in the Training Agreement then the traineeship may be concluded by mutual agreement.
(d) A traineeship shall not be terminated before its conclusion, except in accordance with the Industrial and Commercial Training Act 1989, or by mutual agreement.
An employer who chooses not to continue the employment of a trainee upon the completion of the traineeship shall notify, in writing, the Relevant NSW Training Authority of their decision.
(e) The Trainee shall be permitted to be absent from work without loss of continuity of employment and/or wages to attend the Structured Training in accordance with the Training Agreement.
(f) Where the employment of a Trainee by an employer is continued after the completion of the traineeship period, such traineeship period shall be counted as service for the purposes of any Parent Award or any other legislative entitlements.
(g)
(i) The Traineeship Agreement may restrict the circumstances under which the Trainee may work overtime and shiftwork in order to ensure the training program is successfully completed.
(ii) No Trainee shall work overtime or shiftwork on their own unless consistent with the provisions of the Parent Award.
(iii) No Trainee shall work shiftwork unless the relevant parties to this Award agree that such shiftwork makes satisfactory provision for Structured Training. Such training may be applied over a cycle in excess of a week, but must average over the relevant period no less than the amount of training required for non-shiftwork Trainees.
(iv) The Trainee wage shall be the basis for the calculation of overtime and/or shift penalty rates prescribed by the Parent Award.
(h) All other terms and conditions of the Parent Award(s) that are applicable to the Trainee or would be applicable to the Trainee but for this Award shall apply unless specifically varied by this Award.
(i) A Trainee who fails to either complete the Traineeship or who cannot, for any reason, be placed in full- time employment with the employer on successful completion of the Traineeship, shall not be entitled to any severance payment.
The following employment conditions apply specifically to part-time and school-based Trainees:
(j) A part-time trainee shall receive, on a pro rata basis, all employment conditions applicable to a full-time trainee. All the provisions of this award shall apply to part time trainees except as specified in this clause.
(k) A part-time trainee may, by agreement, transfer from a part-time to a full-time traineeship position should one become available.
(l) The minimum daily engagement periods, applying to part-time employees, specified in the Parent Award(s) shall also be applicable to part-time trainees.
Where there is no provision for a minimum daily engagement period in the Parent Award(s) or other industrial instrument(s), applying to part-time employees, then the minimum start per occasion shall be 3 continuous hours, except in cases where it is agreed that there shall be a start of 2 continuous hours, on 2 or more days per week, provided that:
(i) a 2 hour start is sought by the employee to accommodate the employee’s personal circumstances, or
(ii) the place of work is within a distance of 5km from the employee’s place of residence.
(m) School-based trainees shall not be required to attend work during the interval starting four weeks prior to the commencement of the final year Higher School Certificate Examination period and ending upon the completion of the individual’s last HSC examination paper.
(n) For the purposes of this award, a school-based trainee shall become an ordinary trainee as at January 1 of the year following the year in which they ceased to be a school student.
4. Delete clause 7, Wages, and insert in lieu thereof the following:
7. Wages
Wages - Full-Time Trainees:
(a) The weekly wages payable to full-time trainees shall be as follows:
|Industry/Skill Level A |Table 1 |
|Industry/Skill Level B |Table 2 |
|Industry/Skill Level C |Table 3 |
|School-Based Trainees |Table 4 |
(b) These wage rates will only apply to Trainees while they are undertaking an approved Traineeship which includes Structured Training as defined in this Award.
(c) The wage rates prescribed by this clause do not apply to complete trade level training which is covered by the Apprenticeship system.
(d) The rates of pay in this award include the adjustments payable under the State Wage Case 2001. These adjustments may be offset against:
(i) any equivalent overaward payments; and/or
(ii) award wage increases since 29 May 1991 other than safety net, State Wage Case, and minimum rates adjustments.
(e) Appendix A sets out the skill level of a Traineeship. The industry/skill levels contained in Appendix A are illustrative of the appropriate levels but are not determinative of the actual skill levels (i.e., skill levels A, B or C) that may be contained in a Traineeship. The determination of the appropriate skill level for the purpose of determining the appropriate wage rate shall be based on the following criteria:
(i) any agreement of the parties, or submission by the parties;
(ii) the nature of the industry;
(iii) the total training plan;
(iv) recognition that training can be undertaken in stages;
(v) the exit skill level in the Parent Award contemplated by the traineeship.
In the event that the parties disagree with such determination, it shall be open to any party to the award to seek to have the matters in dispute determined by the Industrial Relations Commission of New South Wales.
(f) For the purposes of this provision, "out of school" shall refer only to periods out of school beyond Year 10, and shall be deemed to:
(i) include any period of schooling beyond Year 10 which was not part of, nor contributed to, a completed year of schooling;
(ii) include any period during which a Trainee repeats in whole or part a year of schooling beyond Year 10;
(iii) not include any period during a calendar year in which a year of schooling is completed; and
(iv) have effect on an anniversary date, being January 1 in each year.
Wages for Part-time and School-Based Trainees:
(g) This clause shall apply to trainees who undertake a traineeship on a part time basis by working less than full-time ordinary hours and by undertaking the approved training at the same or lesser training time than a full-time trainee.
(h) Table 5 - Hourly Rates for Trainees Who Have Left School and Table 6 - Hourly Rates for School-based Traineeships of Part B, Monetary Rates are the hourly rates of pay where the training is either fully off-the-job or where 20% of time is spent in approved training. These rates are derived from a 38 hour week.
(i) The hours for which payment shall be made are determined as follows:
(i) Where the approved training for a traineeship (including a school based traineeship) is provided off-the-job by a registered training organisation, for example at school or at TAFE, these rates shall apply only to the total hours worked by the part time trainee on-the-job.
(ii) Where the approved training is undertaken on-the-job or in a combination of on-the-job and off-the-job, and the average proportion of time to be spent in approved training is 20% (ie. the same as for the equivalent full time traineeship):
(1) If the training is solely on-the-job, then the total hours on-the-job shall be multiplied by the applicable hourly rate, and then 20 per cent shall be deducted.
(2) If the training is partly on-the-job and partly off-the-job, then the total of all hours spent in work and training shall be multiplied by the applicable hourly rate, and then 20 per cent shall be deducted.
Note: 20 per cent is the average proportion of time spent in approved training which has been taken into account in setting the wage rates for most full-time traineeships.
(iii) Where the normal full time weekly hours are not 38 the appropriate hourly rate may be obtained by multiplying the rate in the table by 38 and then dividing by the normal full-time hours.
(j) For traineeships not covered by subclause (h) above, the following formula for the calculation of wage rates shall apply:
The wage rate shall be pro-rata the full-time rates based on variation in the amount of training and/or the amount of work over the period of the traineeship which may also be varied on the basis of the following formula:
|Wage = |Full time wage rate x |Trainee hours - average weekly training time |
| | |30.4* |
Note: 30.4 in the above formula represents 38 ordinary full-time hours less the average training time for full-time trainees (ie. 20%). A pro rata adjustment will need to be made in the case where the Parent Award specifies different ordinary full-time hours: for example where the ordinary weekly hours are 40, 30.4 will be replaced by 32.
(i) "Full-time wage rate" means the appropriate rate as set out in Table 1 - Industry/Skill Level A, Table 2 - Industry/Skill Level B, Table 3 - Industry/Skill Level C and Table 4 - School-based Traineeships of Part B, Monetary Rates.
(ii) "Trainee hours" shall be the hours worked per week including the time spent in Structured Training. For the purposes of this definition, the time spent in Structured Training may be taken as an average for that particular year of the Traineeship.
(iii) "Average weekly training time" is based upon the length of the traineeship specified in the traineeship agreement or training agreement as follows:
|Average Weekly Training Time = |7.6 x 12 |
| |length of the traineeship in months |
Note 1: 7.6 in the above formula represents the average weekly training time for a full-time Trainee whose ordinary hours are 38 per week. A pro rata adjustment will need to be made in the case where the Parent Award specifies different ordinary time hours. For example, where the ordinary weekly hours are 40, 7.6 will be replaced by 8.
Note 2: The parties note that the traineeship agreement will require a trainee to be employed for sufficient hours to complete all requirements of the traineeship, including the on the job work experience and demonstration of competencies. The parties also note that this would result in the equivalent of a full day’s on the job work per week.
|Example of the calculation for the wage rate for a part-time traineeship |
| |
|A school student commences a traineeship in year 11. The ordinary hours of work in the relevant award are 38. The |
|training agreement specifies two years (24 months) as the length of the traineeship. |
| |
|"Average weekly training time" is therefore 7.6 x 12/24 = 3.8 hours. |
| |
|"Trainee hours" totals 15 hours; these are made up of 11 hours work which is worked over two days of the week plus |
|1-1/2 hours on the job training plus 2-1/2 hours off the job approved training at school and at TAFE. |
| |
|So the wage rate in year 11 is: |
| |
|$181 x 15 - 3.8 = $66.68 plus any applicable penalty rates under the Parent Award. |
|30.4 |
|The wage rate varies when the student completes year 11 and passes the anniversary date of 1 January the following |
|year to begin year 12 and/or if "trainee hours" changes. |
5. Delete Part B, Monetary Rates, and insert in lieu thereof the following:
Table 1 - Weekly Rates - Industry/Skill Level A
Where the accredited training course and work performed are for the purpose of generating skills which have been defined for work at Industry/Skill Level A.
| |Highest year of schooling completed |
| |Year 10 |Year 10 |Year 11 |Year 11 |Year 12 |Year 12 |
| |'98, '99 & |2001 |'98, '99 & |2001 |'98, '99 & |2001 |
| |'00 SWC |SWC |'00 SWC |SWC |'00 SWC |SWC |
| |(effective |(effective |(effective |(effective |(effective |(effective |
| |4.9.01) |31.12.01) |4.9.01) |31.12.01) |4.9.01) |31.12.01) |
| |$ |$ |$ |$ |$ |$ |
|School Leaver |187.00 |193.00 |205.00 |211.00 |249.00 |256.00 |
|Plus 1 year out of school |205.00 |211.00 |249.00 |256.00 |290.00 |298.00 |
|Plus 2 years |249.00 |256.00 |290.00 |298.00 |337.00 |346.00 |
|Plus 3 years |290.00 |298.00 |337.00 |346.00 |386.00 |396.00 |
|Plus 4 years |337.00 |346.00 |386.00 |396.00 |386.00 |396.00 |
|Plus 5 years or more |386.00 |396.00 |386.00 |396.00 |386.00 |396.00 |
The average proportion of time spent in structured training which has been taken into account in setting the above rates is 20 per cent.
Table 2 - Weekly Rates - Industry/Skill Level B
Where the accredited training course and work performed are for the purpose of generating skills which have been defined for work at Skill Level B.
| |Highest year of schooling completed |
| |Year 10 |Year 10 |Year 11 |Year 11 |Year 12 |Year 12 |
| |'98, '99 & |2001 |'98, '99 & |2001 |'98, '99 & |2001 |
| |'00 SWC |SWC |'00 SWC |SWC |'00 SWC |SWC |
| |(effective |(effective |(effective |(effective |(effective |(effective |
| |4.9.01) |31.12.01) |4.9.01) |31.12.01) |4.9.01) |31.12.01) |
| |$ |$ |$ |$ |$ |$ |
|School Leaver |187.00 |193.00 |205.00 |211.00 |239.00 |246.00 |
|Plus 1 year out of school |205.00 |211.00 |239.00 |246.00 |275.00 |283.00 |
|Plus 2 years |239.00 |246.00 |275.00 |283.00 |323.00 |332.00 |
|Plus 3 years |275.00 |283.00 |323.00 |332.00 |368.00 |378.00 |
|Plus 4 years |323.00 |332.00 |368.00 |378.00 |368.00 |378.00 |
|Plus 5 years or more |368.00 |378.00 |368.00 |378.00 |368.00 |378.00 |
The average proportion of time spent in structured training which has been taken into account in setting the above rates is 20 per cent.
Table 3 - Weekly Rates - Industry/Skill Level C
Where the accredited training course and work performed are for the purpose of generating skills which have been defined for work at Skill Level C.
| |Highest year of schooling completed |
| |Year 10 |Year 10 |Year 11 |Year 11 |Year 12 |Year 12 |
| |'98, '99 & |2001 |'98, '99 & |2001 |'98, '99 & |2001 |
| |'00 SWC |SWC |'00 SWC |SWC |'00 SWC |SWC |
| |(effective |(effective |(effective |(effective |(effective |(effective |
| |4.9.01) |31.12.01) |4.9.01) |31.12.01) |4.9.01) |31.12.01) |
| |$ |$ |$ |$ |$ |$ |
|School Leaver |187.00 |193.00 |205.00 |211.00 |230.00 |237.00 |
|Plus 1 year out of school |205.00 |211.00 |230.00 |237.00 |258.00 |266.00 |
|Plus 2 years |230.00 |237.00 |258.00 |266.00 |289.00 |298.00 |
|Plus 3 years |258.00 |266.00 |289.00 |298.00 |323.00 |333.00 |
|Plus 4 years |289.00 |298.00 |323.00 |333.00 |323.00 |333.00 |
|Plus 5 years or more |323.00 |333.00 |323.00 |333.00 |323.00 |333.00 |
The average proportion of time spent in structured training which has been taken into account in setting the above rates is 20 per cent.
Table 4 - School-Based Traineeships
| |Year of Schooling |
| |Year 11 |Year 11 |Year 12 |Year 12 |
| |'98, '99 & '00 |2001 SWC |'98, '99 & '00 |2001 SWC |
| |SWC |(effective |SWC |(effective |
| |(effective |31.12.01) |(effective |31.12.01) |
| |4.9.01) | |4.9.01) | |
| |$ |$ |$ |$ |
|School based traineeships Skill | | | | |
|Levels A, B and C |187.00 |193.00 |205.00 |211.00 |
The average proportion of time spent in structured training which has been taken into account in setting the above rates is 20 per cent.
Table 5 - Hourly Rates for Trainees Who Have Left School
| |
|Skill Level A |
| |Year 10 |Year 10 |Year 11 |Year 11 |Year 12 |Year 12 |
| |'98, '99 & |2001 |'98, '99 & |2001 |'98, '99 & |2001 |
| |'00 SWC |SWC |'00 SWC |SWC |'00 SWC |SWC |
| |(effective |(effective |(effective |(effective |(effective |(effective |
| |4.9.01) |31.12.01) |4.9.01) |31.12.01) |4.9.01) |31.12.01) |
| |$ |$ |$ |$ |$ |$ |
|School Leaver |6.15 |6.35 |6.74 |6.94 |8.19 |8.42 |
|1 year after leaving school |6.74 |6.94 |8.19 |8.42 |9.54 |9.80 |
|2 years + |8.19 |8.42 |9.54 |9.80 |11.09 |11.38 |
|3 years + |9.54 |9.80 |11.09 |11.38 |12.70 |13.03 |
|4 years+ |11.09 |11.38 |12.70 |13.03 |12.70 |13.03 |
|5 years + |12.70 |13.03 |12.70 |13.03 |12.70 |13.03 |
| |
|Skill Level B |
| |Year 10 |Year 10 |Year 11 |Year 11 |Year 12 |Year 12 |
| |'98, '99 & |2001 |'98, '99 & |2001 |'98, '99 & |2001 |
| |'00 SWC |SWC |'00 SWC |SWC |'00 SWC |SWC |
| |(effective |(effective |(effective |(effective |(effective |(effective |
| |4.9.01) |31.12.01) |4.9.01) |31.12.01) |4.9.01) |31.12.01) |
| |$ |$ |$ |$ |$ |$ |
|School Leaver |6.15 |6.35 |6.74 |6.94 |7.86 |8.09 |
|1 year after leaving school |6.74 |6.94 |7.86 |8.09 |9.05 |9.31 |
|2 years + |7.86 |8.09 |9.05 |9.31 |10.63 |10.92 |
|3 years + |9.05 |9.31 |10.63 |10.92 |12.11 |12.43 |
|4 years + |10.63 |10.92 |12.11 |12.43 |12.11 |12.43 |
|5 years + |12.11 |12.43 |12.11 |12.43 |12.11 |12.43 |
| |
|Skill Level C |
| |Year 10 |Year 10 |Year 11 |Year 11 |Year 12 |Year 12 |
| |'98, '99 & |2001 |'98, '99 & |2001 |'98, '99 & |2001 |
| |'00 SWC |SWC |'00 SWC |SWC |'00 SWC |SWC |
| |(effective |(effective |(effective |(effective |(effective |(effective |
| |4.9.01) |31.12.01) |4.9.01) |31.12.01) |4.9.01) |31.12.01) |
| |$ |$ |$ |$ |$ |$ |
|School Leaver |6.15 |6.35 |6.74 |6.94 |7.57 |7.80 |
|1 year after leaving school |6.74 |6.94 |7.57 |7.80 |8.49 |8.75 |
|2 years + |7.57 |7.80 |8.49 |8.75 |9.51 |9.80 |
|3 years + |8.49 |8.75 |9.51 |9.80 |10.63 |10.95 |
|4 years + |9.51 |9.80 |10.63 |10.95 |10.63 |10.95 |
|5 years + |10.63 |10.95 |10.63 |10.95 |10.63 |10.95 |
Table 6 - Hourly Rates for School-Based Traineeships
| |Year of Schooling |
| |Year 11 |Year 11 |Year 12 |Year 12 |
| |'98, '99 & '00 |2001 SWC |'98, '99 & '00 |2001 SWC |
| |SWC |(effective |SWC |(effective |
| |(effective |31.12.01) |(effective |31.12.01) |
| |4.9.01) | |4.9.01) | |
| |$ |$ |$ |$ |
|School based traineeships Skill | | | | |
|Levels A, B and C |6.15 |6.35 |6.74 |6.94 |
APPENDIX A
SKILLS LEVELS
Skills Level A -
Office Clerical
Commonwealth Public Sector Clerical
State Public Sector Clerical
Local Government Clerical
Finance, Property and Business Services
Skills Level B -
Wholesale and Retail
Recreation and Personal Services
Transport and Storage
Manufacturing
Skills Level C -
Community Services and Health
Pastoral
Environmental
Wholesale and Retail - Vehicle Repair Services and Retail Sector.
6. This variation, with respect to the 1998, 1999 and 2000 State Wage Cases, shall take effect from the first full pay period to commence on or after 4 September 2001, and with respect to the 2001 State Wage Case, shall take effect from the first full pay period to commence on or after 31 December 2001.
M. J. WALTON J, Vice-President.
____________________
Printed by the authority of the Industrial Registrar.
|(549) |SERIAL C1082 |
PRIVATE HOSPITAL INDUSTRY NURSES' (STATE) AWARD
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Application by New South Wales Nurses' Association, industrial organisation of employees.
(No. IRC 8253 of 2001)
|Before Commissioner McLeay |24 January 2002 |
VARIATION
1. Delete clause 2, No Extra Claims, of the award published 24 August 2001 (327 I.G. 1), and insert in lieu thereof the following:
It is a term of this award that the Association undertakes, until 31 December 2002, not to pursue any extra claims, award or over award, except where consistent with the current wage-fixation principles.
2. Delete subclause (iv) of clause 45, Area, Incidence and Duration and insert in lieu thereof the following:
(iv) It shall remain in force until 31 December 2002 and thereafter until rescinded by the Commission.
3. Delete Part B, Monetary Rates, and insert in lieu thereof the following:
PART B
MONETARY RATES
Table 1 - Salaries
|Classification |Former Rate |Current Rate |
| |Per Week |First Pay Period on or |
| |$ |after 1.2.02 |
| | |Per Week |
| | |$ |
|Assistant in Nursing/Trainee | | |
|Enrolled Nurse - | | |
|Under 18 years of age - | | |
|First year of experience |377.60 |388.90 |
|Second year of experience |394.30 |406.10 |
|Thereafter |410.00 |422.30 |
|18 years of age and over - | | |
|First year of experience |445.40 |458.80 |
|Second year of experience |459.70 |473.50 |
|Third year of experience |474.10 |488.30 |
|Thereafter |488.90 |503.60 |
|Enrolled Nurse - | | |
|First year of experience |546.80 |563.20 |
|Second year of experience |558.70 |575.50 |
|Third year of experience |570.80 |587.90 |
|Fourth year of experience |582.80 |600.30 |
|Thereafter |595.00 |612.90 |
|Nurse undergoing pre-registration | | |
|training |534.50 |550.50 |
|Registered Nurse - | | |
|First year of experience |619.90 |638.50 |
|Second year of experience |653.70 |673.30 |
|Third year of experience |687.40 |708.00 |
|Fourth year of experience |723.50 |745.20 |
|Fifth year of service |759.30 |782.10 |
|Sixth year of service |795.20 |819.10 |
|Seventh year of service |836.10 |861.20 |
|Eighth year of service |870.50 |896.60 |
|Clinical Nurse Specialist |906.10 |933.30 |
|Clinical Nurse Educator |906.10 |933.30 |
|Nurse Educator - | | |
|First year |1005.00 |1035.20 |
|Second year |1033.30 |1064.30 |
|Third year |1058.70 |1090.50 |
|Fourth year |1114.00 |1147.40 |
|Clinical Nurse Consultant |1114.00 |1147.40 |
|Nurse Unit Manager - | | |
|Level 1 |1091.90 |1124.70 |
|Level 2 |1144.00 |1178.30 |
|Level 3 |1174.60 |1209.80 |
|Senior Nurse Educator - | | |
|First year |1140.90 |1175.10 |
|Second year |1164.30 |1199.20 |
|Third year |1203.30 |1239.40 |
|Assistant Director of Nursing - | | |
|100 beds and over |1174.60 |1209.80 |
|Deputy Director of Nursing - | | |
|Less than 100 beds |1144.00 |1178.30 |
|100 beds, less than 200 beds |1174.60 |1209.80 |
|200 beds, less than 250 beds |1203.30 |1239.40 |
|250 beds, less than 350 beds |1248.30 |1285.70 |
|350 beds, less than 450 beds |1292.90 |1331.70 |
|450 beds, less than 750 beds |1340.80 |1381.00 |
|750 beds and over |1392.80 |1434.60 |
|Director of Nursing or Subsidiary | | |
|Hospital Director of Nursing - | | |
|Less than 25 beds |1178.80 |1214.20 |
|25 beds, less than 50 beds |1248.20 |1285.60 |
|50 beds, less than 75 beds |1275.20 |1313.50 |
|75 beds, less than 100 beds |1301.70 |1340.80 |
|100 beds, less than 150 beds |1339.10 |1379.30 |
|150 beds, less than 200 beds |1383.80 |1425.30 |
|200 beds, less than 250 beds |1428.70 |1471.60 |
|250 beds, less than 350 beds |1482.40 |1526.90 |
|350 beds, less than 450 beds |1571.80 |1619.00 |
|450 beds, less than 750 beds |1663.00 |1712.90 |
|750 beds and over |1767.40 |1820.40 |
Table 2 - Other Rates and Allowances
|Item |Clause No. |Brief Description |Former Rate |Current Rate |
|No. | | |$ |First Pay Period |
| | | | |on or after |
| | | | |1.2.02 |
| | | | |Per Week |
| | | | |$ |
|1 |13(i)(a) |In charge of hospital |$15.16 per shift |$15.60 per shift |
|2 |13(i)(b) |In charge of ward/unit in absence of |$15.16 per shift |$15.60 per shift |
| | |NUM | | |
|3 |13(ii)(a) |On call |$13.49 per 24 hrs |$14.02 per 24 |
| | | |or part thereof |hrs or part thereof |
|4 |13(ii)(b) |On call on rostered days off |$27.02 per 24 hrs |$27.70 per 24 |
| | | |or part thereof |hrs or part thereof |
|5 |13(ii)(c) |On call during meal break |$7.55 per break |$7.86 per break |
|6 |13(iii)(a) |Radiographic allowance DON |$21.04 per week |$22.27 per week |
|7 |13(iii)(c) |Radiographic allowance in absence of |$4.28 per day |$4.54 per day |
| | |DON | | |
|8 |13(iii)(c) |Radiographic allowance maximum |$21.04 per week |$22.27 per week |
|9 |13(iv) |Lead apron allowance |$1.04 per hr or part |$1.11 per hr or |
| | | |thereof |part thereof |
|10 |13(v)(a) |In charge of ward/unit and hospital |$22.68 per shift |$23.38 per shift |
|11 |17(iii)(a) |Uniforms |$4.49 per week |$5.02 per week |
|12 |17(iii)(a) |Shoes |$1.39 per week |$1.55 per week |
|13 |17(iii)(b) |Stockings |$2.33 per week |$2.60 per week |
|14 |17(iii)(c) |Cardigan or jacket |$1.35 per week |$1.51 per week |
|15 |17(iv)(d) |Laundry |$3.74 per week |$4.18 per week |
|16 |17(vi)(f) |Socks |$0.46 per week |$0.51 per week |
|17 |19(vii) |Meal on overtime |$12.41 per meal |$13.71 per meal |
|18 |29(a)(3) |Breakfast |$2.47 per meal |$2.80 per meal |
|19 |29(a)(3) |Other meals |$4.47 per meal |$5.08 per meal |
4. This variation shall take effect from 24 January 2002.
J. McLEAY, Commissioner.
____________________
Printed by the authority of the Industrial Registrar.
|(301) |SERIAL C1023 |
ENGINE DRIVERS, &c., GENERAL (STATE) AWARD
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Application by Construction, Forestry, Mining and Energy Union (New South Wales Branch), industrial organisation of employees.
(No. IRC 5238 and 5591 of 2001)
|Before The Honourable Justice Walton, Vice-President |13 September 2001 |
VARIATION
1. This variation rescinds the variation made by the Honourable Justice Walton, Vice-President, on 6 July 2001 in No. IRC 3614 of 2001 published 14 December 2001 (330 I.G. 482).
2. Insert after subclause 5.3 of clause 5, Rates of Pay, of the award published 2 November 2001 (329 I.G. 164) as varied, the following new subclause 5.4:
5.4 The rates of pay in this award include the adjustments payable under the State Wage Case 2001. These adjustments may be offset against:
(i) any equivalent overaward payments; and/or
(ii) award wage increases since 29 May 1991, other than safety net, State Wage Case, and minimum rates adjustments.
3. Delete Part B, Monetary Rates, and inert in lieu thereof the following:
PART B
MONETARY RATES
Table 1 - Rates of Pay
| |Award Wage Rate |SWC |Award Wage Rate |
| |Per week |2001 |Per week |
|Wage Group |Effective |Effective |Effective |
| |25/8/2001 |25/2/2002 |25/2/2002 |
| |$ |$ |$ |
|Level 13 - | | | |
|A |400.40 |13.00 |413.40 |
|B |403.60 |13.00 |416.60 |
|Level 12 - | | | |
|D |408.10 |13.00 |421.10 |
|C |415.00 |13.00 |428.00 |
|B |418.20 |13.00 |431.20 |
|A |421.20 |13.00 |434.20 |
|Level 11 - | | | |
|C |426.00 |13.00 |439.00 |
|B |432.60 |13.00 |445.60 |
|A |436.00 |13.00 |449.00 |
|A(ii) |444.70 |13.00 |457.70 |
|Level 10 - | | | |
|C |451.60 |13.00 |464.60 |
|B |454.90 |13.00 |467.90 |
|A |466.00 |13.00 |479.00 |
|Level 9 - | | | |
|C |471.60 |13.00 |484.60 |
|B |479.80 |13.00 |492.80 |
|A |483.90 |13.00 |496.90 |
|Level 8 |494.40 |15.00 |509.40 |
|Level 7 |503.20 |15.00 |518.20 |
Table 2 - Other Rates and Allowances
|Item |Clause |Brief Description |Old Amount |New Amount |
|No. |No. | |$ |$ |
|1 |5.1(d) |Mobile cranes - 2 or more | | |
| | |forklifts/cranes engaged on any lift |1.85 p/d |1.91 p/d |
|2 |6.1 |Boiler cleaner allowance |1.01 p/h |1.04 p/h |
|3 |5.2 |Special work |0.12 p/h |0.12 p/h |
|4 |5.3(a) |Attending to refrigerator compressors |20.28 p/w |20.89 p/w |
| | |Attending to electric generator or | | |
| | |dynamo exceeding 10 kW capacity |20.28 p/w |20.89 p/w |
| | |In charge of plant |20.28 p/w |20.89 p/w |
|5 |5.3(b) |Attending switchboard (350 kW or over) |6.28 p/w |6.47 p/w |
|6 |5.3(c) |Ship repairing |7.68 p/w |7.91 p/w |
|7 |6.2 |Cold Places |0.42 p/h |0.43 p/h |
|8 |6.3 |Wet Places Allowance |0.42 p/h |0.43 p/h |
|9 |6.5 |Construction Allowance |23.70 p/w |24.40 p/w |
|10 |6.6 |Quarries Pty Ltd Allowance |0.42 p/h |0.43 p/h |
|11 |6.4 |Dirty Work Allowance |0.42 p/h |0.43 p/h |
|12 |15.2 |Stop-Start Engine Allowance |24.30 p/w |25.00 p/w |
|13 |23.3(a) |Overtime Meal Allowance |8.30 per |9.30 per |
| | | |occasion |occasion |
3. This variation shown in the last columns of Table 1 and Table 2 shall take effect from the beginning of the first pay period to commence on or after 25 February 2002, save for Item 13 of Table 2 which shall take effect from the beginning of the first pay period to commence on or after 13 September 2001.
M. J. WALTON J, Vice-President.
____________________
Printed by the authority of the Industrial Registrar.
|(608) |SERIAL C1002 |
TRANSPORT INDUSTRY - WHOLESALE BUTCHERS (STATE) AWARD 2000
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Application by the Transport Workers' Union of Australia, New South Wales Branch, industrial organisation of employees.
(No. IRC 5171 of 2001)
|Before The Honourable Justice Walton, Vice-President |16 August 2001 |
VARIATION
1. Insert a new subclause 7.11 after paragraph 7.10.2 of clause 7, Duties of Employees, of the award published 11 May 2001 (324 I.G. 722), in the following terms:
7.11 Employees appointed to perform the operation of chiller and/or blower shall receive the amount set out in item number 2A of Table 2 - Allowances, of Part B, Monetary Rates.
2. Delete subclause 10.3 of clause 10, Wages, and insert in lieu thereof the following:
10.3 The rates of pay in this award include the adjustments payable under the State Wage Case 2001. These adjustments may be offset against:
(a) any equivalent over award payments, and/or
(b) award wage increases since 29 May 1991 other than safety net, State Wage Case, and minimum rates adjustments.
3. Delete the words "section 8C of the Motor Traffic Act 1909" from paragraph 16.2.5 of subclause 16.2, Limitation of Overtime, of clause 16, Overtime, and insert the words "the Motor Traffic Act" in lieu thereof.
4. Insert a new subclause 22.6, Rostered Days Off, after subclause 22.5, Make-up Time, of clause 22, Personal/Carer's Leave, in the following terms:
22.6 Rostered Days Off -
22.6.1 An employee may elect, with the consent of the employer, to take a rostered day off at any time.
22.6.2 An employee may elect, with the consent of the employer, to take rostered days off in part day amounts.
22.6.3 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.
22.6.4 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.
5. Delete Part B, Monetary Rates and insert in lieu thereof the following:
PART B
MONETARY RATES
Table 1 - Wages
Division A - General Rates:
Grade One - Motor Vehicle Driver, Yardman and Articulated Vehicle Driver -
| |Former total |State Wage Case |New Weekly |
|Classification |weekly wage |2001 |Wage |
| |$ |$ |$ |
|(A) Motor Vehicle Driver - | | | |
|carrying capacity up to and not | | | |
|exceeding 5½ tonnes |481.50 |13.00 |494.50 |
| |Additional Amount | | |
| |$ | | |
|For each additional tonne or part | | | |
|Thereof |3.80 |3% |3.90 |
|(B) Yardman: | | | |
|(i.e. employee washing vehicles) | | | |
|Weekly Hand |476.50 |13.00 |489.50 |
(Note: The margin prescribed herein for a yardman has been fixed on the basis that his/her ordinary hours of work finish after 5.00 p.m. and at or before midnight on the days Monday to Friday, inclusive).
(C) Articulated Vehicle Driver:
Drivers of articulated vehicles shall receive either:
(1) the rate of pay as calculated under subclause 10.1 of clause 10, Wages; or
(2) the rate of pay as calculated under clause 1, Wages, of the Transport Industry (State) Award, whichever is the higher.
Grade Two: Casual Hands and Youth Labour -
(A) Casual Hands:
(a) Casual employees shall be paid one-fifth of the above weekly rate on a daily basis plus 15 per cent.
(b) Irrespective of hours worked, a casual employee shall be paid for a minimum of eight hours’ work for each start.
(B) Youth Labour:
Any youth employed on work under this award shall be paid the appropriate male rate prescribed in this award for the class of work he/she is performing.
Table 2 - Allowances
Division B - Extra Payments
|Item No. |Clause No. |Description |Former Amount |New Amount |
| | | |$ |+3% |
| | | | |$ |
|1 |7.1.4 |Washing vehicle allowance |6.97 for each week |7.18 per |
| | | |washing occurs |each week |
| | | | |washing |
| | | | |occurs |
|2 |7.10.1 |Unload/assist in unloading of |0.88 per day for |0.91 for each |
| | |railway trucks. |each day |day |
| | |In any week he/she unloads, not | | |
| | |less than |3.05 |3.14 |
|2A |7.11 |Any driver responsible for | | |
| | |operating a chiller and/or blower |0.76 per hour |0.78 per hour |
Division C - Other Work Related Allowances
|3 |12 |Collecting monies - | | |
| | |exceeds $30 but not over $150 |3.93 per week |4.05 per week |
|4 |12 |Collecting monies - | | |
| | |exceeds $150 |6.15 per week |6.33 per week |
Division D - Reimbursement - type Allowances
|5 |15.5 |Meals |7.65 per day |
|6 |30.1 |Clothing |0.75 per day |
|7 |30.5 |Boots |0.41 per week |
|8 |31.1 |First-aid |1.60 per day |
6. This variation shall take effect from the beginning of the first pay period to commence on or after 16 August 2001.
M. J. WALTON J, Vice-President.
____________________
Printed by the authority of the Industrial Registrar.
|(558) |SERIAL C1105 |
PUBLIC HOSPITAL NURSES' (STATE) AWARD
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Application by the New South Wales Nurses' Association, industrial organisation of employees.
(No. IRC 6430 of 2001)
|Before Commissioner McLeay |26 October 2001 |
VARIATION
1. Delete Table 1 - Salaries, of Part B, Monetary Rates, of the award published 5 September 1997 (300 I.G. 1033), as varied, and insert in lieu thereof the following:
Table 1 - Salaries
| |Current Rate |Beginning of first |
|Classification |(as at 1.1.01) |pay period to |
| |Per Week |commence on or |
| |$ |after 1.1.02 |
| | |Per week |
| | |$ |
|Assistant in Nursing - | | |
|Under 18 years of age - | | |
|First year of experience |377.60 |388.90 |
|Second year of experience |394.30 |406.10 |
|Thereafter |410.00 |422.30 |
|18 years of age and over - | | |
|First year of experience |445.40 |458.80 |
|Second year of experience |459.70 |473.50 |
|Third year of experience |474.10 |488.30 |
|Thereafter |488.90 |503.60 |
|Trainee Enrolled Nurse - | | |
|Under 18 years of age - | | |
|First year of experience |377.60 |388.90 |
|Second year of experience |394.30 |406.10 |
|Thereafter |410.00 |422.30 |
|18 years of age and over - | | |
|First year of experience |445.40 |458.80 |
|Second year of experience |459.70 |473.50 |
|Third year of experience |474.10 |488.30 |
|Thereafter |488.90 |503.60 |
|Enrolled Nurse | | |
|First year of experience |546.80 |563.20 |
|Second year of experience |558.70 |575.50 |
|Third year of experience |570.80 |587.90 |
|Fourth year of experience |582.80 |600.30 |
|Thereafter |595.00 |612.90 |
|Enrolled Nurse - Special Grade |613.60 |632.00 |
|Residential Care Nurse - | | |
|First year of service |533.40 |549.40 |
|Second year of service |544.20 |560.50 |
|Third year of service |554.70 |571.30 |
|Fourth year of service |567.50 |584.50 |
|Thereafter |578.00 |595.30 |
|Mothercraft Nurse - | | |
|First year of service |587.80 |605.40 |
|Second year of service |606.50 |624.70 |
|Third year of service |628.30 |647.10 |
|Fourth year of service |649.50 |669.00 |
|Fifth year of service |671.10 |691.20 |
|Sixth year of service |693.10 |713.90 |
|Seventh year of service |708.00 |729.20 |
|Eighth year of service |723.70 |745.40 |
|Ninth year of service |738.80 |761.00 |
|The Mothercraft Nurse classification applies only to | | |
|persons employed in this | | |
|classification as at 31 December 1988. | | |
|Persons employed after that date are | | |
|classified as enrolled nurses. | | |
|Nurse undergoing pre-registration training | | |
|otherwise than as a student |534.50 |550.50 |
|Registered Nurse - | | |
|First year of service |619.90 |638.50 |
|Second year of service |653.70 |673.30 |
|Third year of service |687.40 |708.00 |
|Fourth year of service |723.50 |745.20 |
|Fifth year of service |759.30 |782.10 |
|Sixth year of service |795.20 |819.10 |
|Seventh year of service |836.10 |861.20 |
|Eighth year of service |870.50 |896.60 |
|Clinical Nurse Specialist |906.10 |933.30 |
|Clinical Nurse Educator |906.10 |933.30 |
|Nurse Educator - | | |
|First year |1,005.00 |1,035.20 |
|Second year |1,033.30 |1,064.30 |
|Third year |1,058.70 |1,090.50 |
|Fourth year |1,114.00 |1,147.40 |
|Clinical Nurse Consultant | | |
|(appointed prior to 31.12.99) |1,114.00 |1,147.40 |
|Clinical Nurse Consultant Grade 1 | | |
|First year of service |1,089.00 |1,121.70 |
|Second year of service |1,111.20 |1,144.50 |
|Clinical Nurse Consultant Grade 2 | | |
|First year of service |1,133.30 |1,167.30 |
|Second year of service |1,155.70 |1,190.40 |
|Clinical Nurse Consultant Grade 3 | | |
|First year of service |1,200.10 |1,236.10 |
|Second year of service |1,222.30 |1,259.00 |
|Nurse Practitioner | | |
|First year of service |1,200.10 |1,236.10 |
|Second year of service |1,222.30 |1,259.00 |
|Nursing Unit Manager - | | |
|Level 1 |1,091.90 |1,124.70 |
|Level 2 |1,144.00 |1,178.30 |
|Level 3 |1,174.60 |1,209.80 |
|Nurse Manager - | | |
|Grade 1 | | |
|First year |1,089.00 |1,121.70 |
|Second year |1,111.20 |1,144.50 |
|Grade 2 | | |
|First year |1,133.30 |1,167.30 |
|Second year |1,155.70 |1,190.40 |
|Grade 3 | | |
|First year |1,200.10 |1,236.10 |
|Second year |1,222.30 |1,259.00 |
|Grade 4 | | |
|First year |1,266.80 |1,304.80 |
|Second year |1,289.00 |1,327.70 |
|Grade 5 | | |
|First year |1,333.30 |1,373.30 |
|Second year |1,355.70 |1,396.40 |
|Grade 6 | | |
|First year |1,400.20 |1,442.20 |
|Second year |1,422.40 |1,465.10 |
|Grade 7 | | |
|First year |1,511.20 |1,556.50 |
|Second year |1,533.50 |1,579.50 |
|Grade 8 | | |
|First year |1,622.30 |1,671.00 |
|Second year |1,644.50 |1,693.80 |
|Grade 9 | | |
|First year |1,733.40 |1,785.40 |
|Second year |1,755.80 |1808.50 |
2. Delete Items 1 to 9, inclusive, 11A to 11B inclusive and 15 to 17, inclusive, from Table 2 - Other Rates and Allowances, of the said Part B, and insert in lieu thereof the following:
Table 2 - Other Rates and Allowances
|Item |Clause |Description |Current Rate |Beginning of first |
|No. |No. | |(as at 1.1.01) |pay period to |
| | | |Per week |commence on or |
| | | | |after 1.1.02 |
| | | | |Per week |
| | | |$ |$ |
|1 |10(i)(a) |Registered nurse in charge of |15.15 per shift |15.60 per shift |
| | |Hospital | | |
|2 |10(ii)(a) |On call allowance |13.61 per 24 hours |14.02 per 24 hours |
|3 |10(ii)(b) |On call allowance on rostered day |26.89 per 24 hours |27.70 per 24 hours |
| | |Off | | |
|4 |10(ii)(c) |On call during meal break |7.63 per break |7.86 per break |
|5 |10(iii)(a) |Director of Nursing performing |21.62 per week |22.27 per week |
| | |radiographic duties | | |
|6 |10(iii)(c) |Employees performing |4.41 per day, |4.54 per day, |
| | |radiographic duties in the |maximum of |maximum of |
| | |absence of Director of Nursing |21.62 per week |22.27 per week |
|7 |10(iv) |Employee wearing lead apron |1.08 per hour |1.11 per hour |
|8 |10(v) |Registered Nurse in charge of |15.15 per shift |15.60 per shift |
| | |Ward | | |
|9 |10(vi) |Registered Nurse in charge of |22.70 per shift |23.38 per shift |
| | |ward, also in charge of hospital of | | |
| | |less than 100 beds | | |
|11A |14 (iii) |Corrections Health Service |1,800.00 per annum |1,854.00 per |
| | |Environmental Allowance | |annum |
|11B |14(iv) |Corrections Health Service |38.30 per week |39.40 per week |
| | |Productivity Allowance | | |
|15 |34(iii) |Deduction for accommodation - | | |
| |(a) |Separate bedroom |37.11 per week |38.22 per week |
| |(b) |Self-contained flat |45.22 per week |46.58 per week |
|16 |34(iv) |Deduction for meals |80.12 per week |82.52 per week |
|17 |34(v)(b) |Charge for meals - | | |
| | |Breakfast |2.72 per meal |2.80per meal |
| | |Other meals |4.93 per meal |5.08 per meal |
3. This variation shall take effect from the beginning of the first pay period to commence on or after 1 January 2002.
J. McLEAY, Commissioner.
____________________
Printed by the authority of the Industrial Registrar.
|(706) |SERIAL C1106 |
HEALTH ADMINISTRATION CORPORATION AND DEPARTMENT OF HEALTH, NURSES (STATE) AWARD
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Application by the New South Wales Nurses' Association, industrial organisation of employees.
(No. IRC 6430 of 2001)
|Before Commissioner McLeay |26 October 2001 |
VARIATION
1. Delete Table 1 - Salaries, of Part B, Monetary Rates, of the award published 18 September 1998 (306 I.G. 758) and insert in lieu thereof the following:
Table 1 - Salaries
|Classification |Current Rate |Beginning of first pay |
| |(as at 1.1.01) |period to commence on |
| |Per Week |or after 1.1.02 |
| | |Per Week |
| |$ |$ |
|Registered Nurse - | | |
|1st year of service |619.90 |638.50 |
|2 nd year of service |653.70 |673.30 |
|3 rd year of service |687.40 |708.00 |
|4 th year of service |723.50 |745.20 |
|5 th year of service |759.30 |782.10 |
|6 th year of service |795.20 |819.10 |
|7 th year of service |836.10 |861.20 |
|8 th year of service |870.50 |896.60 |
|Clinical Nurse Specialist |906.10 |933.30 |
|Clinical Nurse Educator |906.10 |933.30 |
|Nurse Educator - | | |
|1st year |1,005.00 |1,035.20 |
|2nd year |1,033.30 |1,064.30 |
|3rd year |1,058.70 |1,090.50 |
|4th year |1,114.00 |1,147.40 |
|Clinical Nurse Consultant |1,114.00 |1,147.40 |
|Nursing Unit Manager - | | |
|Level 1 |1,091.90 |1,124.70 |
|Level 2 |1,144.00 |1,178.30 |
|Level 3 |1,174.60 |1,209.80 |
|Nurse Manager - | | |
|Grade 1 | | |
|1st year |1,089.00 |1,121.70 |
|2nd year |1,111.20 |1,144.50 |
|Grade 2 | | |
|1st year |1,133.30 |1,167.30 |
|2nd year |1,155.70 |1,190.40 |
|Grade 3 | | |
|1st year |1,200.10 |1,236.10 |
|2nd year |1,222.30 |1,259.00 |
|Grade 4 | | |
|1st year |1,266.80 |1,304.80 |
|2nd year |1,289.00 |1,327.70 |
|Grade 5 | | |
|1st year |1,333.30 |1,373.30 |
|2nd year |1,355.70 |1,396.40 |
|Grade 6 | | |
|1st year |1,400.20 |1,442.20 |
|2nd year |1,422.40 |1,465.10 |
|Grade 7 | | |
|1st year |1,511.20 |1,556.50 |
|2nd year |1,533.50 |1,579.50 |
|Grade 8 | | |
|1st year |1,622.30 |1,671.00 |
|2nd year |1,644.50 |1,693.80 |
|Grade 9 | | |
|1st year |1,733.40 |1,785.40 |
|2nd year |1,755.80 |1,808.50 |
2. This variation shall take effect from the beginning of the first pay period to commence on or after 1 January 2002.
J. McLEAY, Commissioner.
____________________
Printed by the authority of the Industrial Registrar.
|(018) |SERIAL C1107 |
NURSES' (DEPARTMENT OF COMMUNITY SERVICES) INTERIM (STATE) AWARD
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Application by the New South Wales Nurses' Association, industrial organisation of employees.
(No. IRC 6430 of 2001)
|Before Commissioner McLeay |26 October 2001 |
VARIATION
1. Delete Table 1 - Salaries of Part B, Monetary Rates, of the award published 3 March 2000 (313 I.G. 980) and insert in lieu thereof the following:
PART B
MONETARY RATES
Table 1 - Salaries
|Classification |Current Rate |Beginning of first pay |
| |(as at 1.1.01) |period to commence on |
| |Per Annum |or after 1.1.02 |
| | |Per Annum |
| |$ |$ |
|Assistant in Nursing - | | |
|Under 18 years of age - | | |
|1st year of experience |20,856 |21,482 |
|2nd year of experience |21,794 |22,448 |
|Thereafter |22,653 |23,333 |
|18 years of age and over - | | |
|1st year of experience |24,613 |25,351 |
|2nd year of experience |25,398 |26,160 |
|3rd year of experience |26,190 |26,976 |
|Thereafter |27,003 |27,813 |
|Trainee Enrolled Nurse - | | |
|Under 18 years of age - | | |
|1st year of experience |20,856 |21,482 |
|2nd year of experience |21,794 |22,448 |
|Thereafter |22,653 |23,333 |
|18 years of age and over - | | |
|1st year of experience |24,613 |25,351 |
|2nd year of experience |25,398 |26,160 |
|3rd year of experience |26,190 |26,976 |
|Thereafter |27,003 |27,813 |
|Enrolled Nurse - | | |
|1st year of experience |27,571 |28,398 |
|2nd year of experience |28,556 |29,413 |
|3rd year of experience |29,930 |30,828 |
|4th year of experience |31,174 |32,109 |
|Thereafter |32,048 |33,009 |
|Student Nurse (appointed prior to 1.7.89) - | | |
|1st year of experience |24,795 |25,539 |
|2nd year of experience |25,184 |25,940 |
|3rd year of experience |26,444 |27,237 |
|4th year of experience |27,884 |28,721 |
|5th year of experience |28,717 |29,579 |
|Mothercraft Nurse - | | |
|1st year of service |32,468 |33,442 |
|2nd year of service |33,501 |34,506 |
|3rd year of service |34,699 |35,740 |
|4th year of service |35,885 |36,962 |
|5th year of service |37,067 |38,179 |
|6th year of service |38,292 |39,441 |
|7th year of service |39,123 |40,297 |
|8th year of service |39,976 |41,175 |
|9th year of service |40,818 |42,043 |
|The Mothercraft Nurse classification applies only | | |
|to persons employed in this classification as at 31 | | |
|December 1988. Persons employed after that date | | |
|are classified as enrolled nurses. | | |
|Nurse undergoing pre-registration training | | |
|otherwise than as a student. |29,531 |30,417 |
|Registered Nurse - | | |
|1st year of service |33,201 |34,197 |
|2nd year of service |34,240 |35,267 |
|3rd year of service |36,111 |37,194 |
|4th year of service |37,972 |39,111 |
|5th year of service |39,965 |41,164 |
|6th year of service |41,940 |43,198 |
|7th year of service |43,926 |45,244 |
|8th year of service |46,192 |47,578 |
|UG1 |48,085 |49,528 |
|Provided that the commencing rate of salary | | |
|payable to 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 award as a “UG1” | | |
|qualification), shall be paid at the rate prescribed | | |
|for the second year of service; and provided | | |
|further that a registered nurse who has obtained | | |
|the said qualification shall, on completion of the | | |
|incremental scale denoted above, be entitled to | | |
|proceed to the UG1 rate. | | |
|Clinical Nurse Specialist |48,085 |49,528 |
|Nurse Educator - | | |
|1st year |50,897 |52,424 |
|2nd year |51,756 |53,309 |
|3rd year |52,709 |54,290 |
|4th year |53,735 |55,347 |
|Clinical Nurse Consultant |59,119 |60,893 |
|Nursing Unit Manager - | | |
|Level 1 - 1st year |53,336 |54,936 |
| - 2nd year |54,834 |56,479 |
|Level 2 |56,188 |57,874 |
|Level 3 |57,692 |59,423 |
|Assistant Director of Nursing - | | |
|100 beds and less than 250 beds |59,119 |60,893 |
|250 beds and over |60,545 |62,361 |
|Deputy Director of Nursing - | | |
|Less than 20 beds |55,946 |57,624 |
|20 beds and less than 75 beds |57,386 |59,108 |
|75 beds and less than 100 beds |58,724 |60,486 |
|100 beds and less than 150 beds |59,983 |61,782 |
|150 beds and less than 200 beds |61,805 |63,659 |
|200 beds and less than 250 beds |63,862 |65,778 |
|250 beds and less than 350 beds |66,249 |68,236 |
|350 beds and less than 450 beds |68,622 |70,681 |
|450 beds and less than 750 beds |71,159 |73,294 |
|750 beds and over |73,925 |76,143 |
|Director of Nursing - | | |
|Less than 50 beds |66,249 |68,236 |
|50 beds and less than 75 beds |67,611 |69,639 |
|75 beds and less than 100 beds |69,093 |71,166 |
|100 beds and less than 150 beds |71,067 |73,199 |
|150 beds and less than 200 beds |73,443 |75,646 |
|200 beds and less than 250 beds |75,823 |78,098 |
|250 beds and less than 350 beds |78,661 |81,021 |
|350 beds and less than 450 beds |83,427 |85,930 |
|450 beds and less than 750 beds |88,256 |90,904 |
|750 beds and over |93,799 |96,613 |
2. Delete Items 1 to 3, inclusive, from Table 2 - Other Rates and Allowances of the said Part B, and insert in lieu thereof the following:
Table 2 - Other Rates and Allowances
|Item |Clause |Description |Current Rate |Beginning of |
|No. |No. | |(as at 1.1.01) |first pay period |
| | | | |to commence on |
| | | | |or after 1.1.02 |
| | | |$ |$ |
|1 |10 (i) |Registered Nurse in charge of unit in | | |
| | |absence of NUM |13.49 per shift |13.89 per shift |
|2 |10 (ii) |Registered Nurse in charge of large | | |
| | |residential centre of not more than 100 | | |
| | |Beds |13.49 per shift |13.89 per shift |
|3 |10 (iii) |Registered Nurse in charge of unit and also | | |
| | |in charge of large residential centre of not | | |
| | |more than 100 beds |19.66 per shift |20.25 per shift |
3. This variation shall take effect from the beginning of the first pay period to commence on or after 1 January 2002.
J. McLEAY, Commissioner.
____________________
Printed by the authority of the Industrial Registrar.
|(089) |SERIAL C1108 |
CROWN EMPLOYEES (NURSES, DEPARTMENT OF JUVENILE JUSTICE) AWARD
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Application by the New South Wales Nurses' Association, industrial organisation of employees.
(No. IRC 6430 of 2001)
|Before Commissioner McLeay |26 October 2001 |
VARIATION
1. Delete Part B, Monetary Rates, of the award published 14 September 2001 (327 I.G. 926) and insert in lieu thereof the following:
PART B
MONETARY RATES
Table 1 - Salaries
|Classification |Current Rate |Beginning of first pay |
| |(as at 1.1.01) |period to commence on |
| |Per Week |or after 1.1.02 |
| | |Per Week |
| |$ |$ |
|Enrolled Nurse | | |
|First year of experience |533.90 |549.90 |
|Second year of experience |553.00 |569.60 |
|Third year of experience |579.50 |596.90 |
|Fourth year of experience |603.70 |621.80 |
|Thereafter |620.60 |639.20 |
|Registered Nurse | | |
|First year of service |643.10 |662.40 |
|Second year of service |663.00 |682.90 |
|Third year of service |699.30 |720.30 |
|Fourth year of service |735.50 |757.60 |
|Fifth year of service |774.10 |797.30 |
|Sixth year of service |812.20 |836.60 |
|Seventh year of service |850.80 |876.30 |
|Eighth year of service |894.50 |921.30 |
|Clinical Nurse Specialist |931.30 |959.20 |
|Clinical Nurse Consultant | | |
| (appointed prior to 31.12.99) |1,145.20 |1,179.60 |
|Clinical Nurse Consultant | | |
|Grade 1 | | |
|First year of service |1,111.70 |1,145.10 |
|Second year of service |1,132.70 |1,166.70 |
|Grade 2 | | |
|First year of service |1,155.40 |1,190.10 |
|Second year of service |1,178.00 |1,213.30 |
|Grade 3 | | |
|First year of service |1,223.40 |1,260.10 |
|Second year of service |1,246.00 |1,283.40 |
|Nursing Unit Manager | | |
|Level 1 |1,124.40 |1,158.10 |
|Level 2 |1,178.40 |1,213.80 |
|Level 3 |1,210.10 |1,246.40 |
|Manager, Nursing/Health Service | | |
|First year of service |1,540.50 |1,586.70 |
|Second year of service |1,563.40 |1,610.30 |
Table 2 - Other Rates and Allowances
|Description |Current Rate |Beginning of first pay |
| |(as at 1.1.01) |period to commence on or |
| | |after 1.1.02 |
| |$ |$ |
|Uniform Allowance |4.92 per week |4.92 per week |
|In charge of ward, unit or clinic in absence | | |
|of NUM |15.15 per shift |15.60 per shift |
2. This variation shall take effect from the beginning of the first pay period to commence on or after 1 January 2002.
J. McLEAY, Commissioner.
____________________
Printed by the authority of the Industrial Registrar.
|(1389) |SERIAL C1109 |
CROWN EMPLOYEES (POLICE SERVICE OF NEW SOUTH WALES (NURSES)) AWARD
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Application by the New South Wales Nurses' Association, industrial organisation of employees.
(No. IRC 6430 of 2001)
|Before Commissioner McLeay |26 October 2001 |
VARIATION
1. Delete Part B, Monetary Rates of the award published 21 September 2001 (327 I.G. 1128) and insert in lieu thereof the following:
PART B
MONETARY RATES
Table 1 - Salaries
|Classification |Current Rate |Beginning of first pay |
| |(as at 1.1.01) |period to commence on or |
| |Per Week |after 1.1.02 |
| | |Per Week |
| |$ |$ |
|Clinical Nurse Consultant |1,114.00 |1,147.40 |
|Clinical Nurse Specialist |906.10 |933.30 |
|Registered Nurse - | | |
|1st year |619.90 |638.50 |
|2nd year |653.70 |673.30 |
|3rd year |687.40 |708.00 |
|4th year |723.50 |745.20 |
|5th year |759.30 |782.10 |
|6th year |795.20 |819.10 |
|7th year |836.10 |861.20 |
|8th year |870.50 |896.60 |
Table 2 - Allowances
|Item |Clause |Description |Current Rate |Beginning of first |
|No. |No. | |(as at 1.1.01) |pay period to |
| | | | |commence on or |
| | | | |after 1.1.02 |
| | | |$ |$ |
|1 |3 |Team Leader allowance |15.15 per shift |15.60 per shift |
|2 |7.8 |On call allowance during a meal break |7.63 |7.86 |
|3 |18 |Clothing allowance |6.84 per week |7.05 per week |
2. This variation shall take effect from the beginning of the first pay period to commence on or after 1 January 2002.
J. McLEAY, Commissioner.
____________________
Printed by the authority of the Industrial Registrar.
|(1294) |SERIAL C1110 |
WORKCOVER NSW OCCUPATIONAL HEALTH NURSES' AWARD
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Application by the New South Wales Nurses' Association, industrial organisation of employees.
(No. IRC 6430 of 2001)
|Before Commissioner McLeay |26 October 2001 |
VARIATION
1. Delete Part B, Monetary Rates, of the award published 10 December 1999 (312 I.G. 742) and insert in lieu thereof the following:
PART B
MONETARY RATES
Table 1 - Classification and Salary Scale
|Classification |Current Rate |Beginning of first pay |
| |(as at 1.1.01) |period to commence on |
| |Per Annum |or after 1.1.02 |
| | |Per Annum |
| |$ |$ |
|Nurse Adviser Occupational Health | | |
|1st year |61,317 |63,157 |
|2nd year |63,174 |65,069 |
|Senior Nurse Adviser | | |
|Occupational Health | | |
|1st year |67,717 |69,749 |
|2nd year |70,632 |72,751 |
2. This variation shall take effect from the beginning of the first pay period to commence on or after 1 January 2002.
J. McLEAY, Commissioner.
____________________
Printed by the authority of the Industrial Registrar.
|(800) |SERIAL C1111 |
NURSES' AIR AMBULANCE (STATE) AWARD
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Application by the New South Wales Nurses' Association, industrial organisation of employees.
(No. IRC 6430 of 2001)
|Before Commissioner McLeay |26 October 2001 |
VARIATION
1. Delete Table 1 - Salaries, of Part B, Monetary Rates, of the award published 20 February 1998 (303 I.G. 604) and insert in lieu thereof the following:
Table 1 - Salaries
|Classification |Current Rate |Beginning of first pay |
| |(as at 1.1.01) |period to commence on |
| |Per Week |or after 1.1.02 |
| | |Per Week |
| |$ |$ |
|Flight Nurse - | | |
|1st year of service |619.90 |638.50 |
|2nd year of service |653.70 |673.30 |
|3rd year of service |687.40 |708.00 |
|4th year of service |723.50 |745.20 |
|5th year of service |759.30 |782.10 |
|6th year of service |795.20 |819.10 |
|7th year of service |836.10 |861.20 |
|8th year of service |870.50 |896.60 |
|Clinical Nurse Specialist |906.10 |933.30 |
|Nurse Educator - | | |
|1st year |1,005.00 |1,035.20 |
|2nd year |1,033.30 |1,064.30 |
|3rd year |1,058.70 |1,090.50 |
|4th year |1,114.00 |1,147.40 |
|Clinical Nurse Consultant |1,114.00 |1,147.40 |
|Nursing Unit Manager - | | |
|Level 1 |1,091.90 |1,124.70 |
|Level 2 |1,144.00 |1,178.30 |
|Level 3 |1,174.60 |1,209.80 |
|Nurse Manager - | | |
|Grade 1 | | |
|1st year |1,089.00 |1,121.70 |
|2nd year |1,111.20 |1,144.50 |
|Grade 2 | | |
|1st year |1,133.30 |1,167.30 |
|2nd year |1,155.70 |1,190.40 |
|Grade 3 | | |
|1st year |1,200.10 |1,236.10 |
|2nd year |1,222.30 |1,259.00 |
|Grade 4 | | |
|1st year |1,266.80 |1,304.80 |
|2nd year |1,289.00 |1,327.70 |
|Grade 5 | | |
|1st year |1,333.30 |1,373.30 |
|2nd year |1,355.70 |1,396.40 |
|Grade 6 | | |
|1st year |1,400.20 |1,442.20 |
|2nd year |1,422.40 |1,465.10 |
|Grade 7 | | |
|1st year |1,511.20 |1,556.50 |
|2nd year |1,533.50 |1,579.50 |
|Grade 8 | | |
|1st year |1,622.30 |1,671.00 |
|2nd year |1,644.50 |1,693.80 |
|Grade 9 | | |
|1st year |1,733.40 |1,785.40 |
|2nd year |1,755.80 |1,808.50 |
2. Delete Items 1 to 2 inclusive from Table 2 - Other Rates and Allowances, of the said Part B, and insert in lieu thereof the following:
Table 2 - Other Rates and Allowances
|Item |Clause |Description |Current Rate |Beginning of first |
|No. |No. | |(as at 1.1.01) |pay period to |
| | | | |commence on or |
| | | | |after 1.1.02 |
| | | |$ |$ |
|1 |6(i) |Meal allowance |13.52 |13.93 |
|2 |8(ii) |Industry allowance |8.57 |8.83 |
3. This variation shall take effect from the beginning of the first pay period to commence on or after 1 January 2000.
J. McLEAY, Commissioner.
____________________
Printed by the authority of the Industrial Registrar.
SERIAL C1229
ENTERPRISE AGREEMENTS APPROVED
BY THE INDUSTRIAL RELATIONS COMMISSION
(Published pursuant to s.45(2) of the Industrial Relations Act 1996)
|EA02/181 - P & O Cold Logistics Limited (NSW) Clerical Enterprise Agreement 2001 |
|Made Between: P & O Cold Logistics Limited -&- Federated Clerks' Union of Australia, New South Wales |
|Branch. |
| |
|New/Variation: New. Replaces EA99/241. |
| |
|Approval and Commencement Date: Approved and commenced 12 April 2002. |
| |
|Description of Employees: Applies to P & O Cold Logistics Limited's clerical employees in warehouse |
|operations at the sites at 69 Mandoon Road Girraween NSW and 21 Holbeche Road Arndell Park NSW. |
| |
|Nominal Term: 22 November 2003. |
|EA02/182 - K & S Integrated Distribution Pty Ltd Transport and Warehousing Employees |
|Agreement New South Wales (Sydney Operations) 2000-2003 |
|Made Between: K & S Integrated Distribution -&- Transport Workers' Union of Australia, New South |
|Wales Branch. |
| |
|New/Variation: New. Replaces EA97/50. |
| |
|Approval and Commencement Date: Approved and commenced 2 October 2001. |
| |
|Description of Employees: Applies to those employees covered by the classifications as defined in the |
|Transport Industry State Award. |
| |
|Nominal Term: 31 December 2003. |
|EA02/183 - Eurest (Australia) Pty Ltd/ALHMWU Enterprise Agreement 2001 |
|Made Between: Eurest (Australia ) Pty Ltd -&- the Australian Liquor, Hospitality and Miscellaneous |
|Workers Union, New South Wales Branch, Sydney Cricket and Sports Ground Trust. |
| |
|New/Variation: New. |
| |
|Approval and Commencement Date: Approved 1 February 2001 and commenced 1 November 2000. |
| |
|Description of Employees: Applies to all employees of Eurest (Australia) Pty Ltd and any subsidiary |
|companies owned by Eurest (Australia) Pty Ltd, and the Sydney Cricket and Sportsground Trust whose |
|contract of employment is covered by the terms and conditions of and/or those classifications contained |
|within this agreement who work at the SCG/SFS.. |
| |
|Nominal Term: 31 October 2003. |
|EA02/184 - FreshFood Management Services Pty Ltd, wholly owned subsidiary of FreshFood |
|Australia Holdings Pty Ltd, Enterprise Agreement 2001 |
|Made Between: FreshFood Management Services P/L -&- Automotive, Food, Metals, Engineering, |
|Printing and Kindred Industries Union, New South Wales Branch, Electrical Trades Union of Australia, New |
|South Wales Branch, National Union of Workers, New South Wales Branch. |
| |
|New/Variation: New. |
| |
|Approval and Commencement Date: Approved 9 May 2002 and commenced 1 July 2001. |
| |
|Description of Employees: Applies to all factory employees of FreshFood Management Services Pty Ltd, |
|as a wholly owned subsidiary of FreshFood Australia Holdings Pty Ltd at the Concord site.. |
| |
|Nominal Term: 31 March 2003. |
|EA02/185 - Manly Council Cleansing Services Enterprise Agreement 2002-2004 |
|Made Between: Manly Council -&- Federated Municipal and Shire Council Employees' Union of Australia, |
|New South Wales Division. |
| |
|New/Variation: New. Replaces EA97/64. |
| |
|Approval and Commencement Date: Approved and commenced 7 May 2002. |
| |
|Description of Employees: Applies to all employees employed by Manly Council in its Cleansing Services |
|Team. |
| |
|Nominal Term: 7 May 2004. |
|EA02/186 - Eastern Distributor Flexible Shift Agreement |
|Made Between: Leighton Contractors Pty Limited -&- Electrical Trades Union of Australia, New South |
|Wales Branch, The Australian Workers' Union, New South Wales. |
| |
|New/Variation: New. |
| |
|Approval and Commencement Date: Approved and commenced 9 April 2002. |
| |
|Description of Employees: Applies to permanent full-time and part-time employees who are classified as |
|Motorway Patroller and Electronic Technician employed by Leighton Contractors Pty Limited NSW - Act |
|Branch in respect to the operations and maintenance work associated with the Eastern Distributor. |
| |
|Nominal Term: 9 October 2002. |
|EA02/187 - Southern Star Duplitek Enterprise Agreement 2002 |
|Made Between: Southern Star Duplitek Pty Ltd -&- The Gramophone Records Industry Union of New |
|South Wales. |
| |
|New/Variation: New. |
| |
|Approval and Commencement Date: Approved and commenced 1 May 2002. |
| |
|Description of Employees: Applies only to production employees of Southern Star Duplitek. |
| |
|Nominal Term: 1 May 2005. |
|EA02/188 - Bush's Pet Foods Pty Ltd Ingleburn - Production & Despatch - Enterprise Agreement 2002 |
|Made Between: Bush's Pet Foods Pty Ltd -&- The Australasian Meat Industry Employees' Union, New |
|South Wales Branch. |
| |
|New/Variation: New. Replaces EA00/194 and EA00/195. |
| |
|Approval and Commencement Date: Approved 20 May 2002 and commenced 18 May 2002. |
| |
|Description of Employees: Applies to all employees of Bush's Pet Foods Pty Ltd who are employed at its |
|site at 12 Williamson Road, Ingleburn, NSW, under the Meat Preservers (State) Award or the Storeman and |
|Packers General (State) Award and who are engaged in the production or despatch of the Company's pet |
|food products. |
| |
|Nominal Term: 17 March 2005. |
|EA02/189 - St Vincents and Mater Health Sydney Ltd The Mater Support Services Enterprise |
|Agreement 2002 |
|Made Between: St Vincents and Mater Health Sydney Limited -&- The Health and Research Employees' |
|Association of New South Wales. |
| |
|New/Variation: New. Replaces EA00/301. |
| |
|Approval and Commencement Date: Approved 14 May 2002 and commenced 1 January 2002. |
| |
|Description of Employees: Applies to Support Service Staff employees only (excludes Medical and |
|Nursing staff) as defined in clause 3 of the Private Hospital Employees' (State) Award. |
| |
|Nominal Term: 31 December 2002. |
|EA02/190 - St Vincent's Private Hospital Darlinghurst Medical Imaging Service, Enterprise |
|Agreement 2002 |
|Made Between: St Vincent's Private Hospital -&- The Health and Research Employees' Association of New |
|South Wales. |
| |
|New/Variation: New. Replaces EA99/280. |
| |
|Approval and Commencement Date: Approved 14 May 2002 and commenced 1 January 2002. |
| |
|Description of Employees: Applies to employees as defined in clause 3, Definitions, of the Private Hospital |
|Employees (State) Award that are employed within the Medical Imaging Service and at any Satellite X-Ray |
|Service, and staff members as defined in clause 10, Definitions, of the Agreement. |
| |
|Nominal Term: 30 June 2003. |
|EA02/191 - NewSouth Global (Foundation Studies) Enterprise Agreement 2002 |
|Made Between: NewSouth Global Pty Ltd -&- New South Wales Independent Education Union. |
| |
|New/Variation: New. Replaces EA00/210. |
| |
|Approval and Commencement Date: Approved and commenced 19 April 2002. |
| |
|Description of Employees: Applies to employees employed by NewSouth Global Pty Ltd in Foundation |
|Studies. |
| |
|Nominal Term: 31 December 2003. |
|EA02/192 - OneSteel Sydney Steel Mill Employee Relations Agreement |
|Made Between: OneSteel NSW Pty Limited -&- The Australian Workers' Union, New South Wales. |
| |
|New/Variation: New. Replaces EA01/43. |
| |
|Approval and Commencement Date: Approved and commenced 11 April 2002. |
| |
|Description of Employees: Applies to all employees engaged at the Company's steel mill at Rooty Hill to |
|the exclusion of all other awards and agreements. |
| |
|Nominal Term: 31 August 2003. |
................
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