THE PORT MACQUARIE BASE HOSPITAL PROFESSIONAL STAFF (STATE) AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.

 

(No. IRC 2437 of 2001)

 

 

REVIEWED AWARD

 

1.  Arrangement

 

Clause No.          Subject Matter

 

1.         Arrangement

2.         Definitions

3.         Gradings

4.         No Further Claims

5.         Grievance and Dispute Resolution Procedures

6.         Hours

7.         Rosters of Hours

8.         Terms of Engagement

9.         Permanent Part-time Employees

10.       Casual Employees

11.       Public Holidays

12.       Meals and Rest Periods

13.       Overtime

14.       Jury Service

15.       Penalty Rates for Shift Work, Weekend Work and Special Working Conditions

16.       Annual Leave

17.       Annual Leave Loading

18.       Relieving Other Members of Staff

19.       Uniforms and Protective Clothing

20.       Long Service Leave

21.       Sick Leave

22.       State Personal/Carer's Leave 

23.       Bereavement Leave

24.       Labour Flexibility

25.       Mileage Allowance

26.       Attendance at Meetings and Fire Drills

27.       Blood Counts

28.       Accommodation and Amenities

29.       Payment and Particulars of Salary

30.       Redundancy

31.       Anti-Discrimination

32        Parental Leave

33.       Area, Incidence and Duration

 

 

PART B

 

MONETARY RATES

 

Table 1 - Wages

Table 2 - Other Rates and Allowances

 

2.  Definitions

 

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

 

"Association" shall mean The Health and Research Employees’ Association of New South Wales.

 

"Officer or Employee" means a professional member of staff employed by a private hospital as defined herein, and coming within the following categories:  Medical Officer, Nurse Counsellor, Psychologist, Audiologist, Research or Project Officer, Librarian (Graduate), Social Worker, Dietician, Physiotherapist, Occupational Therapist, Speech Pathologist, Medical Records Administrator and Welfare Officer (Social).

 

"Private Hospital" means an establishment defined as such under the provisions of the Private Hospitals and Day Procedure Centres Act 1988, or any legislation which may replace that Act.

 

"Service" shall mean service in New South Wales or elsewhere.  It shall include service in the calling to which the employee is appointed that is acceptable to the relevant Australian or New South Wales registering body in that profession.

 

"Day Worker" means an employee who works his/her ordinary hours from Monday to Friday, inclusive, and who commences work on such days at or after 5.00 a.m. and before 2.00 p.m. otherwise than as part of a shift system.

 

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

 

Medical Officers:

 

Resident means a medical officer who has obtained full registration.

 

Registrar means a medical officer who:

 

(1)        has had at least three years experience in public hospital service as defined under this award or any lesser period acceptable to the hospital; and

 

(2)        is appointed as a registrar by the hospital; and

 

(3)        is occupying a position of registrar in an established position.

 

"Senior Registrar" means a registrar holding higher medical qualifications and occupying a position of senior registrar in an established position.

 

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

 

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

 

(2)        membership or fellowship of the Royal College or Royal Australasian College of Physicians or fellowship of the Royal College of Obstetricians and Gynaecologists; or

 

(3)        such other post-graduate qualifications obtained by examination and recognised by the Medical Board of New South Wales and acceptable to the Health Administration Corporation of New South Wales.

 

Scientific Officers:

 

"Trainee Scientific Officer" means an officer appointed as such who is undertaking a part- time degree course in science and who is engaged on work related to the profession for which he/she is qualifying.

 

"Scientific Officer" means an officer appointed as such who has obtained a degree in science from an approved university requiring a minimum of three years' full-time study or such other qualifications deemed by the Health Administration Corporation of New South Wales to be the equivalent thereof.

 

"Senior Scientific Officer" means an officer appointed as such who is engaged in scientific work who holds a degree in science of an approved university or such other qualifications deemed by the Health Administration Corporation of New South Wales to be appropriate.

 

"Principal Scientific Officer" means an officer appointed as such who is engaged in scientific work who holds a post-graduate degree in science at least equivalent to the degree of Master of Science of an approved university or such other qualifications deemed by the Health Administration Corporation of New South Wales to be appropriate and who has had not less than ten years' post-graduate experience in an appropriate scientific field.

 

"Psychologist" means a person appointed as such who possesses an appropriate degree of a recognised university or college of advanced education and who is registered with the Psychologists Board of New South Wales.

 

"Audiologist" means a person appointed as such who possesses an appropriate degree of a recognised university or college of advanced education with appropriate training in audiology.

 

"Research or Project Officer" means a person employed as such who possesses an appropriate degree of a recognised university or college of advanced education.

 

"Librarian (Graduate)" means a Librarian who holds:

 

(1)        an appropriate degree of a university or college of advanced education; or

 

(2)        an appropriate diploma of a college of advanced education; or

 

(3)        an officer who holds a degree or diploma of a college of advanced education awarded after completing a course of full-time study over three years (or equivalent) in which studies for librarianship are integrated; or

 

(4)        such other academic qualification as the employer deems to be equivalent.

 

"Medical Records Administrator" means a person employed in the industry of record librarianship in a hospital who has qualifications acceptable to the New South Wales Association of Medical Record Librarians or such other qualifications deemed to be equivalent by the employer.

 

"Medical Records Officer" means a Medical Record Librarian employed by a hospital.

 

"Nurse Counsellor" means an employee appointed as such who possesses an appropriate degree of a recognised university or other qualifications deemed equivalent by the Health Administration Corporation of New South Wales.

 

"Social Worker" means a person employed as such in a private hospital and who has qualifications acceptable to the Australian Association of Social Workers.

 

"Dieticians" means an employee appointed as such and who has qualifications acceptable to the New South Wales Institute of Dieticians as an Associate or who holds the Diploma of Nutrition and Dietetics of the University of Sydney, or who has qualifications deemed by the Health Administration Corporation of New South Wales to be the equivalent thereof.

 

"Physiotherapist" shall mean a person who possesses a Bachelor of Applied Science (Physiotherapy) Degree of the University of Sydney, College of Health Sciences, or who has such other qualification deemed by the Health Administration Corporation to be equivalent and/or who is registered or conditionally registered under the Physiotherapists Registration Act 1987.

 

"Occupational Therapist" shall mean a person who possesses a Diploma in Occupational Therapy of the School of Occupational Therapy of the New South Wales Association of Occupational Therapy; or Diploma in Occupational Therapy or a Bachelor of Applied Science (Occupational Therapy) of the, Universities of Sydney or Western Sydney; or Bachelor of Health Science (Occupational Therapy) of Charles Sturt or Newcastle Universities; or has such other qualifications deemed by the Health Administration Corporation to be equivalent.

 

"Speech Pathologist" shall mean a person who possesses a Diploma in Speech Therapy of the Australian College of Speech Therapy; or Bachelor of Applied Science (Speech Pathology) of the Sydney or Macquarie Universities; or Bachelor of Health Science (Speech Pathology) from Charles Sturt University; or Bachelor of Speech Pathology of Newcastle University; or has such other qualifications deemed by the Health Administration Corporation to be equivalent.

 

"Welfare Officer (Social)" means an employee appointed to a position as such and who does not hold graduate qualifications in social work.

 

3.  Gradings

 

3.1        Scientific Officers:

 

(i)         Grades: Every officer, other than trainee scientific officers, shall be classified in one of the grades of scientific officer, senior scientific officer, or principal scientific officer, as provided for hereunder.

 

(ii)        Years of Scale:

 

(a)        Within each grade officers employed by any hospital shall, at all times, be classified not lower than the year of scale corresponding to the minimum prescribed hereunder for their respective qualifications and/or duties advanced by:

 

(1)        at least one year of scale for each completed year of service in that grade and hospital; and

 

(2)        at least one further year of scale for each completed year of service in the same branch of science in that grade in any other hospital or hospitals.

 

(b)       In determining an officer's classification, due allowance also shall be made for any other post-graduate experience.

 

(c)        For the purpose of this subclause, service at any time prior to the commencement of this award shall be deemed to be service in the grade in which the qualifications and/or duties of an officer would have required him/her to be classified had the award been in force at that time.

 

(iii)       Scientific Officer: Officers who hold or are qualified to hold a degree, diploma or other qualification, as shown hereunder, shall not be classified below the respective year of scale in this grade as follows, with advancement as provided for in subclause (ii) of this clause:

 

Bachelor's Degree (three-year course), diploma with no experience, junior of the Royal Australian Chemical Institute or graduate of the Institute of Physics - 1st year.

Bachelor's Degree with honours (four-year course) - 2nd year.

 

Bachelor's Degree with honours (four-year course), diploma or Bachelor's Degree with at least two years' experience concurrent with or after the last two years of the course (provided that at least one year has been after his/her 21st birthday), Associate of the Royal Australian Chemical Institute, or Associate of the Royal Institute of Chemistry - 3rd year.

 

Master's Degree - 4th year.

 

Associate of the Institute of Physics - 6th year.

 

Associate of the Australian Institute of Physics - 6th year.

 

Degree of Doctor of Philosophy - 6th year.

 

Provided that such degree with honours or such Master's Degree has been obtained in subjects relevant to the branch of science in which the officer is engaged.

 

(iv)       Principal Scientific Officer: Provided that a Principal Scientific Officer shall not progress beyond the salary prescribed for the third year of the scale unless such officer holds a post-graduate degree in science at least equivalent to the Degree of Doctor of Philosophy of an approved university or has been admitted as a Fellow of the Australian Association of Clinical Biochemists or such other qualifications as are deemed equivalent.

 

Provided further that any Senior Scientific Officer in receipt of the fourth year of service rate and above, or Principal Scientific Officer who holds the degree of Master of Science or appropriate equivalent qualifications shall be paid an additional amount as set out in Item 1 of Table 2 - Other Rates and Allowances, of Part B.

 

3.2        Psychologists, Audiologists and Research or Project Officers:

 

(i)         Provided that:

 

(a)        The commencing rate of salary for an officer who has obtained a degree of a recognised university requiring a minimum of three years' full-time study or other qualifications deemed by the employer to be equivalent thereof shall be the rate prescribed for the first year of service.

 

(b)       The commencing rate of salary for an officer who has also completed an additional course of study and qualified for a degree with honours or the Diploma of Education or other qualifications deemed by the employer to be the equivalent thereof shall be the rate prescribed for the second year of service.

 

(c)        The commencing rate of salary for an officer who has obtained a degree of a recognised university which requires a minimum of four years' full-time study, and has, in addition, completed at least one year of training at an approved teachers' college or other qualifications deemed by the employer to be the equivalent thereof, shall be the rate prescribed for the third year of service.

 

(ii)        Provided that Psychologists, Audiologists and Research or Project Officers who:

 

(a)        have completed 12 months service at the salary prescribed on the maximum of the scale; and

 

(b)       have demonstrated to the satisfaction of the endorser by the work performed and the results achieved, the aptitude, abilities and qualities of mind warranting such payment, shall be paid an allowance of an amount as set out in Item 2 of the said Table 2 and after 12 months service in receipt of such allowance, shall be paid a further allowance at the rate, as set out in the said Item 2.

 

3.3        Dietician:

 

(i)         For the purposes of payment of salary under Table 1 - Wages, of Part B, a Dietician shall be graded in accordance with the following minimum levels based on their qualifications:

 

Bachelor's Degree (three-year course) with post-graduate diploma and no experience - 1st year.

 

Bachelor's Degree with honours (four-year course) with post-graduate diploma and no experience - 2nd year.

 

Master's Degree in nutrition and dietetics and no experience - 3rd year (4)

 

Degree of Doctor of Philosophy with either post-graduate diploma or Master's Degree in nutrition and dietetics and no experience - 4th year.

 

Provided that such higher qualification has been obtained in subjects relevant to nutrition and dietetics practice.

 

(ii)        Once graded under paragraph (i) of this subclause, an employee shall proceed up the scale based upon the following:

 

(1)        to the next year of the scale for each completed year of service under this award with any employer; and

 

(2)        one further year of the scale for each completed year of service in nutrition/dietetics, otherwise than as above, subject to the approval of the employer.

 

(iii)       A dietician can be promoted from the General Scale to Grade 1 based on the following:

 

(1)        completion of 12 months service on the maximum rate of the general scale; and

 

(2)        agreement from the private hospital that the quality of the employee concerned and the skills and responsibilities exercised by the employee in the performance of his or her duties are such as to warrant promotion.

 

3.4        Social Worker:

 

For the purpose of payment of salary under Table 1 - Wages, of Part B, a social worker shall be graded at 2nd year of the scale where the employee has obtained any of the following:

 

a degree in social work from a recognised university requiring at least four years full-time study; or

 

a degree in social work and diploma from a recognised university requiring at least four years full-time study; or

 

qualifications deemed to be equivalent by the employer.

 

3.5        Therapist-in-Charge: An employee employed in a therapist classification as defined in clause 2, Definitions, and who is designated to be in charge of at least two or three other therapists of the same discipline, shall be paid an in-charge allowance of an amount set out in Item 3 of Table 2.

 

4.  No Further Claims

 

It is a condition of this consent award that the parties will not seek any further claims, for wages and/or working conditions during the life of the award except where this is consistent with the terms of this award or consistent with State Wage Case Decisions.

 

5.  Grievance and Dispute Resolution Procedures

 

(i)         The following procedure shall be followed in relation to grievances of individual employees:

 

(a)        The employee is required to notify in writing the employer 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 its 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.

 

(e)        While procedure is being followed, normal work must continue.

 

(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.

 

(c)        While a procedure is being followed, normal work must continue.

 

(iii)       For the procedures set out in subclauses (i) and (ii) of this clause, the employer may be represented by an industrial organisation of employers and the employees may be represented by an industrial organisation of employees or the association representative.

 

(iv)       For the purposes of this clause, association representative shall mean an employee appointed as association representative, who shall, upon notification to the employer in writing thereof, and within 14 days of such appointment, be recognised as the accredited representative of The Health and Research Employees' Association of New South Wales.

 

(v)        This clause shall not apply to an employer who employs not more than 20 employees or an employer with a management structure under which all employees are directly supervised and controlled by the employer or the chief executive of the facility.

 

6.  Hours

 

(i)         The ordinary hours of work of day workers, exclusive of meal times, shall be 152 hours per 28 calendar days to be worked Monday to Friday inclusive and to commence on such days at or after 5.00 a.m. and before 2.00 p.m.

 

(ii)        The ordinary hours of shift workers shall be 152 hours per 28 calendar days.

 

(iii)       The hours of work prescribed in subclause 6.1 of this clause, shall be worked in one of the following ways:

 

(a)        38 hours per week, to be arranged in order that an employee shall not be required to work their ordinary hours on more than five days in one week; or

 

(b)        76 hours per fortnight, to be arranged in order that an employee shall not be required to work their ordinary hours on more than ten days in the fortnight; or

 

(c)        152 hours per 28 calendar days to be arranged in order that an employee shall not be required to work their ordinary hours on more than 19 days in the cycle.

 

(iv)       Each shift shall not consist of more than ten ordinary hours of work per day, provided that by mutual agreement ordinary hours in excess of ten hours and up to a maximum of 12 ordinary hours a day may be accommodated under this consent award as part of providing service delivery for departments.

 

(v)        Except for one meal break each day, all time from the time of commencing until the time of finishing duty each day shall be computed as ordinary working time.

 

(vi)       Banking of Additional Days Off (ADOs) - Where an ADO arrangement is provided for the employee may, by agreement with the employer, accumulate up to 12 ADOs per year, to be taken by mutual agreement in conjunction with an employee's annual leave or at another time.

 

7.  Rosters of Hours

 

(i)         The ordinary hours of work for each employee, excluding casuals, shall be displayed on a roster in a place conveniently accessible to employees.  Where practicable, such roster shall be displayed at least one week prior to commencement of the first working period in the roster.

 

(ii)        Notwithstanding the foregoing provisions of this clause, a roster shall usually be changed with one week's notice, however, a roster may be altered at any time to enable the services of the facility to be carried on where another employee is unexpectedly absent or for any unforeseen or emergency circumstances.

 

Provided that where any such alteration involves an employee working on a day which would otherwise have been their day off, such employee may be paid or be given suitable time off in lieu, which shall be as mutually arranged.

 

(iii)       Where a full-time employee may be entitled to an allocated day off duty in accordance with clause 6, Hours, that allocated day off duty is to be shown on the roster of hours for that employee.

 

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

 

8.  Terms of Engagement

 

(i)         Termination of Employment:

 

(a)        Notice of termination of employment by either the employer or employee shall be the following notice:

 

Period of Continuous Service	Period of Notice
Less than 1 year	1 week
1 year and less than 3 years	2 weeks
3 years and less than 5 years	3 weeks
5 years and over	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.

 

(d)        The period of notice in this clause shall not apply where the conduct of an employee justified instant dismissal, or in the case of casual employees or employees engaged for a specific period of time or for a specified task or tasks.

 

(ii)        Notice of Termination by the Employee:

 

(a)        The notice of the termination required to be given by an employee shall be the same as that required of the employer, save and except that there shall be no additional notice based on the age of the employee concerned.

 

(b)        Subject to financial obligations imposed on the employer by any Act, if an employee fails to give notice the employer shall have the right to withhold monies due to the employee with a maximum amount equal to the ordinary time rate of pay for the period of notice.

 

(iii)       Time off Work During Period of Notice: Where an employer has given notice of termination to an employee, an employee shall be allowed up to eight hours 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.

 

(iv)       Statement of Employment: The employer shall upon receipt of a request from an employee whose employment terminates, provide to the employee a written statement specifying the period of his/her employment and the classification and/or the type of work performed by the employee.

 

(v)        Accrued ADOs: Employees who have accrued additional days off duty pursuant to clause 6, Hours, shall be paid for such accrued time at the award wage rate upon termination.

 

(vi)       Medical Examinations/Immunisations: The employer may require a prospective or current employee to undergo a medical examination/immunisation by a medical representative and paid by the employer.

 

(vii)      Probationary Period: Full-time and permanent part-time employees may be recruited on a probationary period for a maximum of three months.

 

9.  Permanent Part-Time Employees

 

(i)         A permanent part-time employee is one who is permanently appointed by a facility to work a specified number of hours which are less than those prescribed for a full-time employee.  By agreement between the employer and employee the specified number of hours may be balanced over a week, fortnight and/or monthly period, provided that the average weekly hours shall be deemed to be the specified number of hours for the purposes of accrual of annual leave.  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(s) off" basis in accordance with this subclause.

 

(ii)        Employees engaged under this clause shall be paid an hourly rate calculated on the basis of 1/38th of the appropriate rate prescribed by this consent award, with a minimum payment of two hours for each start.

 

(iii)       Permanent part-time employees shall be entitled to all other benefits in this consent award not otherwise expressly provided for herein in the same proportion as their ordinary hours of work bear to 38 hours.

 

10.  Casual Employees

 

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

 

(ii)        A casual employee shall be paid an hourly rate calculated on the basis of 1/38th of the appropriate rate prescribed by Table 1 - Wages, of Part B, plus 15 per cent thereof.

 

NOTE:  This 15 per cent loading shall be inclusive of payments required under the Annual Holidays Act 1944.

 

(iii)       With respect to a casual employee, the following award clauses shall not apply:  clauses 6, Hours; 7, Rosters of Hours; 8, Terms of Engagement; 11, Public Holidays; 13, Overtime; 16, Annual Leave; 17, Annual Leave Loading; 23, Bereavement Leave and 21, Sick Leave.

 

(iv)       A casual employee who is required to and does work on a public holiday as defined in subs (i) and (ii) of clause 11, Public Holidays, shall be paid for the time actually worked at the rate of 150 per cent extra, such payment being in lieu of weekend or shift allowances which would otherwise be payable had the day not been a public holiday.

 

Provided that a casual employee shall not be entitled to be paid, in addition, the allowance of 15 per cent prescribed in subclause (ii) of this clause, in respect of such work.

 

11.  Public Holidays

 

(i)         For the purpose of this award the following shall be deemed to be public holidays, viz: 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 or part thereof proclaimed and observed as a public holiday within the area in which the facility is situated.

 

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

 

(a)        on the August Bank Holiday; or

 

(b)        as an additional public holiday between Christmas and New Year.  Provided that such day is placed between Monday and Friday (inclusive) on a day which is not already gazetted as a public holiday.

 

(iii)       Public holidays shall be allowed to employees without loss of pay.  When an employee is required to and does work on any of the holidays set out in subclause (i) of this clause, whether on a full shift or not, then in lieu of all other shift or penalty rates, the employee shall elect to:

 

(a)        be paid 150 per cent extra per hour in addition to the weekly rate; or

 

(b)        be paid 50 per cent extra per hour in addition to the weekly rate and have the equivalent amount of time added to the period of annual leave.

 

Provided however, that an employee once having elected the method by which they are to be remunerated for work performed on public holidays shall not have the right to alter such election during the currency of this consent award, except where the employee requests the employer to change the method of payment and the employer so agrees.

 

(iv)       Public holidays and the additional public holiday prescribed in subclauses (i) and (ii) of this clause, may be substituted for another day off by agreement between the employer and the employee to be taken adjacent to a period of annual leave or at another time to suit the needs of the hospital.

 

12.  Meals and Rest Periods

 

(i)         Meal Break:

 

(a)        Each employee shall be allowed a meal break of not less than 30 minutes and not more than 60 minutes for each meal occurring on duty.

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

 

(c)        Meal breaks can be staggered to ensure services are maintained and carried on.

 

(d)        An employee who is called upon to work for any portion of their meal break, such time shall count as ordinary working time.

 

(ii)        Rest Break:

 

(a)        Two separate ten minute intervals (in addition to meal breaks) shall be allowed to each employee on duty during each ordinary shift.  Subject to agreement between the employer and employee(s), such intervals may alternatively be taken as one 20 minute interval, or by one ten minute interval with the employee allowed to proceed off duty ten minutes before the completion of the normal shift finishing time.  Such interval(s) shall count as working time.  Employees who are engaged for less than an eight-hour shift on any one day shall only be entitled to one tea break of ten minutes, provided a minimum of four hours work is completed.

 

(b)        The taking of the ten minute rest breaks may be suspended for a day(s) by mutual agreement to ensure services are carried on.

 

13.  Overtime

 

(i)         All time worked by employees outside the ordinary hours in accordance with clause 6, Hours, and clause 7, Rosters of Hours, shall be paid at the rate of 50 per cent extra up to two hours each day and thereafter at the rate of 100 per cent extra; provided however, that all overtime worked on Sunday shall be paid for at the rate of 100 per cent extra and on public holidays at the rate of 150 per cent extra.

 

(ii)        When overtime work is necessary it shall, wherever reasonably practicable, be so arranged that employees have at least eight consecutive hours off duty between the work on successive days or shift.

 

(iii)       An employee who works so much overtime:

 

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

 

(b)        on a Saturday, a Sunday and a holiday, not being ordinary work days, or on a rostered day off without having had eight consecutive hours off duty in the 24 hours preceding the employee's ordinary commencing time on their next ordinary day or shift shall, subject to this subclause, be released after completion of such overtime until they have had eight consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.  If on the instruction of the employer such an employee resumes or continues work without having such eight consecutive hours off duty, the employee shall be paid at 100 per cent extra on the rate applicable on such day until they are released from duty for such period and then, shall be entitled to be absent until they have had eight consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

 

(c)        For the purpose of assessing overtime each day shall stand alone, provided however, that where any one period of overtime is continuous and extends beyond midnight, all overtime hours in this period shall be regarded as if they had occurred within the one day.

 

(iv)       All time worked by employees employed pursuant to clause 9, Permanent Part-time Employees, in excess of the rostered daily ordinary hours of work prescribed for the majority of full-time employees employed on that shift in the ward or section concerned, shall be paid for at the rate of 50 per cent extra for the first two hours and 100 per cent extra thereafter, except that on Sundays such overtime shall be paid for at the rate of 100 per cent extra and on public holidays at the rate of 150 per cent extra.

 

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 as an extension of the contract hours for that day and shall be paid at the ordinary rate of pay.

 

(v)        Time Off in Lieu of Overtime: In lieu of receiving payment for overtime in accordance with this clause, employees may by mutual agreement take time off in lieu of overtime, such time off to be taken at ordinary time rates, that is, one hour for each hour worked.

 

14.  Jury Service

 

An employee 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 jury service and the amount of wage the employee would have received in respect of the ordinary hours the employee would have worked had he or she not been on jury service.

 

An employee shall notify the employer as soon as possible of the date upon which the employee is required to attend for jury service.  Further, the employee shall give the employer proof of their attendance, the duration of the attendance and the amount received in respect of jury service.

 

15.  Penalty Rates for Shift Work, Weekend Work and Special Working Conditions

 

(i)         Shift workers working afternoon or night shift shall be paid the following percentages in addition to the ordinary rate for such shift, provided that employees working less than 38 hours per week shall only be entitled to the additional rates where their shifts commence prior to 5.00 a.m. or finish subsequent to 6.00 p.m.

 

Afternoon shift commencing at 2.00 p.m. and before 5.00 p.m. - 12.5 per cent.

 

Night shift commencing at 5.00 p.m. and before 5.00 a.m. - 15 per cent.

 

(ii)        For the purpose of this clause, day, afternoon and night shifts shall be defined as follows:

 

"Day Shift" means a shift which commences at or after 5.00 a.m. and before 2.00 p.m.

 

"Afternoon Shift" means a shift which commences at or after 2.00 p.m. and before 5.00 p.m.

 

"Night Shift" means a shift which commences at or after 5.00 p.m. and before 5.00 a.m. on the day following.

 

(iii)       Employees whose ordinary working hours include work on a Saturday and/or Sunday shall be paid for ordinary working hours worked between midnight on Friday and midnight on Sunday at the rate of 50 per cent extra.  These rates shall be in substitution for and not cumulative upon the shift premiums prescribed in subclause (i) of this clause, and the casual allowance prescribed in subclause (ii) of clause 10, Casual Employees.

 

(iv)       An employee sent for duty to a place other than their regular place of duty shall be paid for all excess travelling time at the appropriate rate of pay and reimbursed excess travelling expenses.

 

16.  Annual Leave

 

(i)         Annual leave on the ordinary weekly rate of pay shall be granted upon the completion of 12 months' service in a private hospital as follows:

 

(a)        Employees who work their ordinary hours of work on days other than Saturday and Sunday - 152 ordinary hours.

 

(b)        Employees required to work on seven-day rosters which includes work on Saturdays and/or Sundays - 228 ordinary hours.

 

(ii)

 

(a)        To the leave prescribed by paragraph (a) of subclause (i) of this clause there shall be added one working day for each public holiday or one half working day for each half public holiday which occurs during a period of annual leave.

 

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

 

(c)

 

(1)        An employee, to whom paragraph (a) of subclause (i) of this clause applies, who is required to and does work on a public holiday shall have added to the leave prescribed by this clause one working day in respect of each such public holiday which is a full day or one half day in respect of each half holiday and shall be paid for work on such day or half day at the rate of time and a half.

 

(2)        In lieu of adding to the leave in accordance with subparagraph (1) of this paragraph, an employee may be paid for the time actually worked on such public holiday at the rate of double time and one- half.  Where payment is made in lieu of leave in respect of time worked on a public holiday, payment shall be made for a minimum of four hours.

 

(3)        Payments made under subparagraphs (1) or (2) shall be in lieu of any additional rate for shift work or weekend work which would otherwise be payable had the day not been a public holiday.

 

(d)        An employee to whom paragraph (b) of subclause (i) of this clause applies and who is required to and does work on a public holiday shall be paid in addition to the appropriate ordinary weekly rate of pay prescribed in Table 1 - Wages, of Part B, at the rate of one-half time extra for the time actually worked on such holiday.

 

(e)        For the purpose of paragraphs (c) and (d) of this subclause the hourly rate of pay for payment shall be computed on the basis of 1/38th of the appropriate ordinary weekly rate of pay prescribed in the said Table 1.

 

(f)         For the purposes of this subclause the following shall be public holidays, viz: New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Queen's Birthday, Bank Holiday, or additional holiday enjoyed by other employees in the establishment, Eight- Hour Day, Christmas Day, Boxing Day and any other duly proclaimed and observed as a public holiday within the area in which the hospital is situated.

 

(iii)

 

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

 

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

 

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

 

(iv)       Each employee, before going on leave shall be paid for the period of the leave at the ordinary weekly rate of pay to which he or she is entitled under Table 1.

 

(v)        Except as provided for in subclause (vi) of this clause, payment shall not be made nor accepted in lieu of annual leave.

 

(vi)       If the employment of an employee is terminated before the period of 12 months' service has been reached the employer shall:

 

(a)        in the case of an employee who is entitled to 152 ordinary hours of annual leave, pay them 1/12th of the ordinary weekly rate of pay during the period of their employment;

 

(b)        in the case of an employee who is entitled to 228 ordinary hours of annual leave, pay them 6/52 of the ordinary weekly rate of pay earned during the first year of their employment or 6/46 of the ordinary weekly rate of pay in any subsequent year of their employment.

 

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

 

(viii)     The employer and the employee may agree that the leave of absence to which an employee may be entitled under this clause shall be taken in not more than two periods but neither of such periods shall be of less than one week.

 

(ix)       In addition to the leave prescribed by paragraph (b) of subclause (i) of this clause, employees who are rostered to work their ordinary hours on Sundays and/or holidays shall be entitled to receive additional payment on the following bases:

 

Number of ordinary shifts worked on Sundays and/or	Additional payment
holidays during a qualifying period of employment
for annual leave purposes
4 to 10	0.2 weeks
11 to 17	0.4 weeks
18 to 24	0.6 weeks
25 to 31	0.8 weeks
32 or more	1.0 week

 

 

The additional payment shall be made at the time the employee proceeds on annual leave, provided that where the employment of an employee is terminated the employee shall be entitled to be paid the additional payment that may have accrued under this paragraph in addition to the proportionate payment prescribed by subclause (vi) of this clause.

 

17.  Annual Leave Loading

 

(i)         Employees who, under the Annual Holidays Act 1944 or this award, become entitled to annual leave under clause 16, Annual Leave, shall be paid an annual leave loading of 17.5 per cent of the appropriate ordinary weekly rate of pay prescribed by this award for the classification in which the employee was employed immediately before commencing his/her annual holiday.

 

(ii)        Such loading is payable in addition to the pay for the period of holiday given and taken and due to the employee under the said Act.

 

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

 

(iv)       No loading is payable where the annual holiday is taken wholly or partly in advance provided that, if the employment of such an employee continues until the day upon which the employee would have become entitled under the Act to such annual holiday, the loading then becomes payable in respect of the period of such holiday and is to be calculated in accordance with the award rate of wages applicable on such day.

 

(v)        Where the employment of an employee is terminated by the employer for a cause other than misconduct and at the time of termination the employee has not been given and has not taken the whole of an annual holiday to which the employee is entitled, that employee shall be paid the loading provided for in subclause (i) of this clause for the period not taken. Provided where the employee terminates his/her own employment the annual leave loading will not be payable in the termination payment.

 

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

 

(vii)      By agreement between the employer and employee(s) the 17.5 per cent annual leave loading may be arranged to be paid at anniversary.

 

18.  Relieving Other Members of Staff

 

(i)         An employee who is called upon by the employer to relieve an employee in a higher classification or grade continuously for more than three days shall be entitled to payment for the period of relief worked, at the minimum rate applicable to the higher classification or grade.

 

(ii)        If less than the whole of the duties and/or responsibilities are assumed during the period of relief, a pro rata payment will be made as determined by the employer.

 

(iii)       This clause shall not apply when an employee in a higher grade is absent from duty by reason of his/her rostered and allocated days off pursuant to clause 6, Hours, except when any allocated days off (accumulated) are added to and form part of the leave of absence of the employee in the higher classification grade.

 

19.  Uniforms and Protective Clothing

 

(i)         The wage rate received by an employee under this consent award is an all inclusive rate for the cost of uniforms and the laundering of such uniforms by employees.

 

NOTE: A uniform includes items such as: cardigans, stockings, socks, shoes, dress slacks, skirt, etc.

 

(ii)        Sufficient suitable and serviceable uniforms may be supplied free of cost to each employee required to wear them, provided that an employee to whom a new uniform or part of a uniform has 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 uniform or part thereof.

 

(iii)       An employee on leaving the services of the private hospital shall return any uniform or part thereof supplied by the private hospital which is still in use by that employee immediately prior to leaving.

 

(iv)       The employee shall keep such uniform in a reasonable and presentable condition.

 

(v)        The type and style of uniform shall be consistent with hospital guidelines and standards.

 

(vi)       An employer may require an employee to replace further uniform(s) which have become permanently stained, worn or damaged at no cost to the employer.

 

NOTE: Such a request will be in line with subclause (v) of this clause.

 

20.  Long Service Leave

 

(i)         Every employee after ten years' continuous service with the same employer shall be entitled to two months' long service leave on full pay; after 15 years' continuous service to an additional one month's long service leave on full pay; and for each five years' continuous service thereafter to an additional one and one-half month's long service leave on full pay.  Such leave shall be taken at a time to be mutually arranged between the employer and the employee.

 

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

 

(iii)       Where an employee has acquired the right to extended leave with pay under subclause (i) of this clause, then and in every such case:

 

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

 

(b)        If such employee dies before entering upon such extended leave or if after having entered upon same, dies before its termination, the spouse of the deceased employee, the children or their guardians or other dependant relative or their legal representative shall be entitled to receive the monetary value of the leave not taken or not completed, as the case may be, and computed at the rate of salary the employee was receiving at the time of their death.

 

(iv)       For the purpose of this clause:

 

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

 

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

 

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

 

(i)         Any period of absence on leave without pay not exceeding six months.

 

(ii)        Absence of any employee from the private hospital whilst a member of the Commonwealth in time of war.

 

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

 

(vi)       Any period(s) of part-time service with the private hospital shall count towards long service leave on the basis of the proportion that the actual number of hours each week worked bears to 38 hours and the period so calculated shall be paid for at the full weekly salary prescribed by Table 1 - Wages, of Part B.

 

21.  Sick Leave

 

(i)         Full-time Employees: A full-time employee shall be entitled to sick leave on full pay calculated by allowing 76 rostered ordinary hours of work for each year of continuous service and any unused leave shall remain to the employee's credit.

 

(ii)        All periods of sickness shall be certified 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 consecutive days or where in the employer's opinion the circumstances are such as not to warrant such requirements.

 

(iii)       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.

 

(iv)       An employee shall not be entitled to sick leave until after three months' continuous service.

 

(v)        Employees who are employed by the private hospital as at 11 June 1996 shall retain to their credit, until exhausted, any accumulation of sick leave to their credit immediately prior to such date; provided that such credit is not less than the entitlement otherwise prescribed by this clause.

 

(vi)       Each employee shall take all reasonable practicable steps to inform the employer of his or her inability to attend for duty prior to the commencement of a shift and as far as possible state the estimated duration of the absence.  In any event, such notice shall be given within 24 hours of the commencement of such absence.

 

(vii)      An employee shall not be entitled to sick leave on full pay for any period in respect of which such employee is entitled to workers' compensation; provided however, that where such an employee is in receipt of compensation (i.e., after the first 26 weeks), 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.

 

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

 

22.  State 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 subparagraph (ii) of paragraph (c) who needs the employee's care and support shall be entitled to use, in accordance with this subclause, any current or accrued sick leave entitlement provided for in clause 21, Sick Leave, for absences to provide care and support for such persons when they are ill.  Such leave may be taken for part of a single day.

 

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

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

 

(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 stepchild, 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:

 

(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.

 

(ii)        Unpaid Leave for Family 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 subparagraph (2) of paragraph (c) of subclause (i) 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 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.

 

(iv)       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 (i) of this clause, and despite the provisions of subclause (v) of clause 13, Overtime, the following provisions shall apply.

 

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

 

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

 

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

 

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

 

(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 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)       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.

 

23.  Bereavement Leave

 

(i)         An employee, other than a casual employee, shall be entitled up to three days bereavement leave without deduction of pay on each occasion of the death of a person prescribed in subclause (iii) of this clause.

 

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

 

(iii)       Bereavement leave shall be available to the employee in respect to the death of a person prescribed for the purposes of personal/carer’s leave in sub paragraph (ii) of paragraph (c) of subclause (i) of clause 22-State 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.

 

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

 

(v)        Bereavement leave may be taken in conjunction with other leave available under subclauses (ii), (iii), (iv), (v) and (vi) of the said clause 22. In determining such a request, the employer will give consideration to the circumstances of the employee and the reasonable operational requirements of the business.

 

24.  Labour Flexibility

 

(i)         An employer may direct an employee to carry out duties as are within the limits of the employee's skill, competence and training.  Such duties may include work which is incidental or peripheral to the employee's main tasks, provided that such duties are not designed to promote deskilling.

 

(ii)        Any employer may direct an employee to carry out the duties and use such equipment as may be required, provided that the employee has been properly trained or has otherwise acquired the necessary skills in the use of such equipment.  Any such direction issued by the employer shall be consistent with the employer's responsibility to provide a safe and healthy working environment for employees and the employer's duty of care to patients.

 

25.  Mileage Allowance

 

Employees required by the employer to use their own vehicle to carry out their work shall be paid the following mileage allowances as set out in Item 4 of Table 2 - Other Rates and Allowances, of Part B.

 

26.  Attendance at Meetings and Fire Drills

 

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

 

(ii)        An employee in attendance at compulsory fire safety practices (e.g., fire drill and evacuation procedures) in accordance with the requirements of the Private Hospitals and Day Procedures Centres Act 1988 and the regulations thereunder, shall be paid for time spent in attendance at the ordinary rate.  Such time spent in attendance shall not be viewed as overtime for the purposes of this award.

 

27.  Blood Counts

 

Those employees who are regularly required to assist and/or work with the radiologist and/or radiographers in close proximity to diagnostic and/or therapeutic x-ray machines or any other forms of radioactive radiators shall have blood counts carried out every three months upon making application therefore to the hospital.

 

28.  Accommodation and Amenities

 

Suitable lavatory conveniences shall be provided for all employees, and when and where practicable, dining room accommodation, dressing room and lockers shall also be provided.

 

29.  Payment and Particulars of Salary

 

(i)         Wages shall be paid weekly or fortnightly, provided that, for the purposes of adjustment or wages related to alterations in the basic wage, 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.  Provided that, the payment of shift and weekend penalties relating to work performed in the second week of a fortnightly roster period may be deferred to the pay day next following the completion of the working cycle within which such shifts were worked, but for no longer.

 

(ii)        Notwithstanding the provisions of subclause (i) of this clause, an employee who has been given one week's notice of termination of employment in accordance with clause 8, Terms of Engagement, shall be paid all monies due to them prior to ceasing duty on the last day of employment.  Where an employee is dismissed or their services are terminated without due notice, in accordance with the said clause 8, any monies due to the employee shall be paid as soon as possible after such dismissal or termination but in any case, not more than three days thereafter.

 

(iii)       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 monies paid, and the purpose for which they are paid, and the amount of the deductions made from total earnings and the nature thereof.

 

(iv)       Existing employees at the date of the making of this award shall have their salaries paid into an account with a bank or financial institution of their choice in the State of New South Wales.  Provided however, that employees employed on or after 11 June 1996 shall have their salary paid into one account with a bank or financial institution in New South Wales nominated by the employer.  In either case, salaries shall be deposited by facilities in sufficient time to ensure that wages are available for withdrawal by employees by no later than pay day.

 

(v)        Where an employer has overpaid an employee, upon mutual agreement in respect of the amount of the overpayment and the method of repayment, the monies overpaid may be recovered by the employer.

 

30.  Redundancy

 

(i)         An employee who is made redundant arising from:

 

economic recession; or

 

company merger, takeover or reconstruction; or

 

technological change.

 

(for example, in the private hospital industry, these may include, in appropriate circumstances, closure of a facility, amalgamation of one or more facilities, rationalisation of services or sale of business);

 

shall receive payment in accordance with the following scale in addition to allow other payments due to that employee:

 

Service	Under 45 Years of Age	45 Years of Age and Over
Less than 1 year	Nil	Nil
More than 1 year
but less than 2 years	4 weeks' pay	5 weeks' pay
More than 2 years
but less than 3 years	6 weeks' pay	7.5 weeks' pay
More than 3 years
but less than 4 years	7 weeks' pay	8.75 weeks' pay
Over 4 years	8 weeks' pay	10 weeks' pay

 

(ii)        The provisions of subclause (i) of this clause shall not apply to an employee who is afforded reasonably suitable alternative employment within the hospital or the hospital group, having regard to:

 

the employee's age, education, skills and work experience;

 

the employee's place of residence;

 

the needs of the employer and the nature of the employer's operations; and

 

any other relevant circumstances.

 

(iii)       The provisions of this clause shall not apply to facilities which employ less than 15 permanent employees at the time the redundancy takes effect.

 

(iv)       This clause shall not apply to employees with less than 12 months' permanent service.

 

(v)        During the notice period of redundancy the employer may allow the employee up to one half day per week to attend employment interviews.  Proof of attendance at such interviews may be requested by the employer.

 

(vi)       An employer in a particular case may make application under the Industrial Relations Act 1996 to have the provisions of subclause (i) of this clause varied on the basis of the employer's incapacity to pay.

 

(vii)      In calculating any redundancy payment or payment in lieu of notice, ordinary time payment shall be used.

 

31.  Anti-Discrimination

 

(i)         It is intention of the parties bound by this award to seek to achieve the object in section 3(f) of the Industrial Relations Act 1996 to prevent and eliminate discrimination in the workplace.  This includes discrimination on the grounds of race, sex, marital status, disability, homosexuality, transgender identity, age and responsibilities as a carer.

 

(ii)        It follows that in fulfilling their obligations under the dispute resolution procedure prescribed by this award the parties have obligations to take all reasonable steps to ensure that the operation of the provisions of this award are not directly or indirectly discriminatory in their effects.  It will be consistent with the fulfilment of these obligations for the parties to make application to vary any provision of the award which, by its terms or operation, has a direct or indirect discriminatory effect.

 

(iii)       Under the Anti-Discrimination Act 1977, it is unlawful to victimise an employee because the employee has made or may make or has been involved in a complaint of unlawful discrimination or harassment.

 

(iv)       Nothing in this clause is to be taken to affect:

 

(a)        any conduct or act which is specifically exempted from anti-discrimination legislation;

 

(b)        offering or providing junior rates of pay to persons under 21 years of age;

 

(c)        any act or practice of a body established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977;

 

(d)        a party to this award from pursuing matters of unlawful discrimination in any State or Federal jurisdiction.

 

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

 

NOTES:

 

(a)        Employers and employees may also be subject to Commonwealth anti-discrimination legislation.

 

(b)        Section 56(d) of the Anti-Discrimination Act 1977 provides:

 

"Nothing in this Act affects ... any other act or practice of a body established to propagate religion that conforms to the doctrines of that religion or is necessary to avoid injury to the religious susceptibilities of the adherents of that religion".

 

32.  Parental Leave

 

1.          Maternity Leave:

 

(i)         Eligibility: To be eligible for maternity leave an employee must have completed at least 40 weeks' continuous service prior to the expected date of birth or be a permanent part-time employee as specified.

 

An employee who has once met the conditions for maternity leave will not be required to work again the 40 weeks' continuous service in order to quality for a further period of maternity leave, unless:

 

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

 

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

 

(ii)        Entitlement: An employee is entitled to a period of unpaid maternity leave of not more than 12 months after the actual date of birth.

 

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

 

Written notice of not less than eight weeks prior to the commencement of the leave should accordingly be given. This notice must include a medical certificate stating the expected date of birth and should also indicate the period of leave desired.

 

(iv)       Variation after Commencement of Leave: After commencing maternity leave an employee is entitled to vary the period of her maternity leave, once without the consent of her employer and otherwise with the consent of her employer. A minimum of 4 weeks' notice must be given, although an employer may accept less notice if convenient.

 

The conditions relating to variation of maternity leave are derived from Section 65 of the Industrial Relations Act 1996.

 

(v)        Staffing Provisions: In accordance with obligations established by the Industrial Relations Act 1996 (S.69), any person who occupies the position of an employee on maternity leave must be informed that the employee has the right to return to her former position. Additionally, since an employee has the right to vary the period of her maternity leave, offers of temporary employment shall be in writing, stating clearly the temporary nature of the contract of employment. The duration of employment shall also be set down clearly: to a fixed date or until the employee elects to return to duty, whichever occurs first.

 

(vi)       Effect of Maternity Leave on Accrual of Leave, Increments, etc.: Except in the case of employees who have completed ten years' service, the period of maternity leave without pay does not count as service for long service leave purposes. Where the employee has completed ten years service the period of maternity leave without pay shall count as service provided such leave does not exceed six months.

 

Maternity leave without pay does not count as service for incremental purposes.

 

(vii)      Illness Associated With Pregnancy: If, because of an illness associated with her pregnancy, an employee is unable to continue to work then she can elect to use any available paid leave (sick, annual and/or long service leave) or to take sick leave without pay.

 

(viii)     Transfer to a More Suitable Position - Where, because of an illness or risk associated with her pregnancy, an employee cannot carry out the duties of her position, an employer is obliged, as far as practicable, to provide employment in some other position that she is able to perform satisfactorily. 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.

 

(ix)       Miscarriages: In the event of a miscarriage any absence from work is to be covered by the sick leave provisions.

 

(x)        Stillbirth: In the case of a stillbirth (as classified by the Registry of Births, Deaths and Marriages) an employee may elect to take sick leave subject to production of a medical certificate, or maternity leave. She may resume duty at any time provided she produces a doctor's certificate as to her fitness.

 

(xi)       Effect of Premature Birth on Payment of Maternity Leave: An employee who gives birth prematurely, and prior to proceeding on maternity leave, shall be treated as being on maternity leave from the date leave is commenced to have the child.

 

(xii)      Right to return to Previous Position: An employee returning from maternity leave has the right to resume her former position. Where this position no longer exists the employee is entitled to be placed in a position nearest in status and salary to that of her former position and for which the employee is capable or qualified.

 

(xiii)     Return for Less Than Full-Hours: Employees on application to their employer shall be entitled to return to duty for less than the full-time hours they previously worked by taking weekly leave without pay. such return to work is to be according to the following principles:

 

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

 

the employee is to make an application for leave without pay to reduce her full-time 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;

 

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

 

It should be noted that employees who return from maternity leave under this arrangement remain full-time employees.

 

(xiv)     Further Pregnancy while on Maternity Leave: Where an employee becomes pregnant whilst on maternity leave, a further period of maternity leave may be granted. Should this second period of maternity leave commence during the currency of the existing period of maternity leave, then any residual maternity leave from the existing entitlement lapses.

 

2.          Adoption Leave:

 

(i)         Eligibility: To be eligible for adoption leave an employee must have completed at least 40 weeks' prior to the date of taking custody of the child.

 

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

 

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

 

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

 

(ii)        Entitlement: Eligible employees are entitled to unpaid adoption leave as follows:

 

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

 

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

 

(iii)       Applications: Due to the fact that an employee may be given little notice of the date of taking custody of a child, employees who believe that in the reasonably near future they will take custody of a child, should formally notify the employer as early as practicable of the intention to take adoption leave. This will allow arrangements associated with the adoption leave to be made.

 

(iv)       Variation after Commencement of Leave: After commencing adoption leave an employee has the right to vary the period of leave; once without consent of the employer and other wise with the consent of the employer. A minimum of four weeks' notice must be given, although an employer may accept less notice if convenient.

 

(v)        Staffing Provisions:  As per maternity leave conditions.

 

(vi)       Effect of Adoption Leave on Accrual of Leave, Increments, etc: As per maternity leave conditions.

 

(vii)      Return for Less than Full-time Hours: As per maternity leave conditions.

 

(viii)     Liability for Superannuation Contributions: During a period of unpaid maternity leave or unpaid adoption leave, the employee will not be required to meet the employer's superannuation liability.

 

(ix)       Permanent part-time employees as defined in clause 9, Permanent Part-time Employees are covered by this clause.

 

3.          Paternity Leave:

 

(i)         Eligibility: To be eligible for paternity leave an employee must have completed at least 40 weeks' continuous service (or 40 weeks continuous service for permanent part-time employees as specified) prior to the birth of the child.

 

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

 

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

 

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

 

(ii)        Entitlement: Eligible employees are entitled to unpaid paternity leave as follows:

 

A period of up to 12 months, such period to be agreed upon by both the employee and the employer.

 

(iii)       Applications: Employees should formally notify the employer as early as practicable of the intention to take paternity leave.

 

(iv)       Variation after Commencement of Leave:  After commencing paternity leave an employee is entitled to vary the period of leave; once without 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.

 

(v)        Staffing Provisions: As per maternity leave conditions.

 

(vi)       Effect of Paternity Leave on Accrual of Leave, Increments, etc: As per maternity leave conditions.

 

(vii)      Return for Less than Full-time Hours: As per maternity leave conditions.

 

(viii)     Liability for Superannuation Contributions: During a period of unpaid maternity leave, unpaid adoption leave or paternity leave, the employee will not be required to meet the employer's superannuation liability.

 

(ix)       Permanent part-time employees as defined in clause 9, Permanent Part-time employees are covered by this clause.

 

33.  Area, Incidence and Duration

 

(i)         This award was made following a review under section 19 of the Industrial Relations Act 1996 and rescinds and replaces the Port Macquarie Base Hospital Professional Staff Enterprise Bargaining 1996 Consent Award published 15 August 1997 (300 I.G. 559) and all variations thereof.

 

(ii)        The award published on 15 August 1997 took effect from the first full pay period to commence on or after 11 June 1996.

 

(iii)       This award shall apply to all employees as defined herein who are employed at Port Macquarie Base Hospital and shall not apply to Novices, aspirants or persons who have taken the vows of Religious Orders in licensed private hospitals.

 

(iv)       The changes made to the award pursuant to the Award Review pursuant to section 19 (6) of the Industrial Relations Act 1996 and Principle 26 of the Principles for Review of Award made by the Industrial Relations Commission of New South Wales on 18 December 1998 (308 IG 307) shall take effect on and from 25 July 2001.

 

(v)        This award remains in force until varied or rescinded, the period for which it was made having already expired.

 

Part B

 

MONETARY RATES

 

Table 1 - Wages

 

Classification		Rates as from
		1-07-2000
		$ per week
Medical Officers
Resident
	1st year	767.58
	2nd year	843.77
	3rd year	934.86
	4th year	1014.62
Registrar
	1st year	934.86
	2nd year	1014.62
	3rd year	1094.62
	4th year	1171.52
Senior Registrar		1288.48
Scientific Officer -
	1st year	663.02
	2nd year	687.82
	3rd year	729.91
	4th year	780.22
	5th year	834.35
	6th year	887.29
	7th year	930.21
	8th year	960.37
Senior Scientific Officer
	1st year	1032.98
	2nd year	1067.56
	3rd year	1097.60
	4th year	1127.41
	5th year	1158.53
	6th year	1197.87
	7th year	1234.47
	8th year	1265.47
Senior Scientific Officer-in-Charge
(a) In charge of a section of a laboratory
	1st year	1032.98
	2nd year	1067.56
	Thereafter	1097.60
(b) In charge of a section of a laboratory at a hospital having an A.D.A. of
	(i) less than 200 -
	1st year	1127.41
	2nd year	1158.53
	Thereafter	1196.44
	(ii) more than 200
	1st year	1197.87
	2nd year	1234.47
	Thereafter	1264.64
Principal Scientific Officer
	1st year	1307.56
	2nd year	1339.87
	3rd year	1376.11
	4th year	1408.90
	5th year	1443.00
	6th year	1476.86
	7th year	1510.13
	8th year	1545.18
	9th year	1579.04
	10th year	1613.97
Trainee Scientific Officer
	1st year	353.51
	2nd year	383.55
	3rd year	443.76
	4th year	510.29
	5th year	575.39
	6th year	633.81
Nurse Counsellor
	1st year	650.50
	2nd year	681.50
	3rd year	724.42
	4th year	763.05
	5th year	808.24
	6th year	844.60
	7th year	879.42
	8th year	909.94
	9th year	954.17
Psychologists, Audiologists and Research or Project Officers
	1st year	644.42
	2nd year	675.18
	3rd year	717.15
	4th year	757.57
	5th year	801.32
	6th year	843.77
	7th year	879.18
	8th year	953.93
Clinical Psychologists
	1st year	913.99
	2nd year	971.70
	3rd year	1025.11
	4th year	1083.17
	5th year	1136.71
Librarian Graduate
	1st year	636.79
	2nd year	662.78
	3rd year	697.60
	4th year	729.79
	5th year	763.05
	6th year	785.58
	7th year	833.75
Dieticians
	1st year	687.82
	2nd year	729.91
	3rd year	780.22
	4th year	834.35
	5th year	887.29
	6th year	930.21
	7th year	960.37
Grade 1
	1st year	1032.98
	2nd year	1067.56
Physiotherapists, Music Therapists, Speech Therapists
	1st year	663.02
	2nd year	687.82
	3rd year	729.91
	4th year	780.22
	5th year	834.35
	6th year	887.29
	7th year	930.21
	8th year	960.37
Medical Records Administrator
	1st year	648.59
	2nd year	662.42
	3rd year	676.61
	4th year	690.32
	5th year	708.56
	6th year	724.18
	7th year	742.19
	8th year	782.48
Welfare Officers (Social)
	Adults Grade 1
	1st year	558.82
	2nd year	592.32
	3rd year	624.63
	4th year	657.65
	5th year	725.73
Adults Grade 2
	1st year	721.92
	2nd year	753.99
Social Workers
	1st year	650.26
	2nd year	681.50
	3rd year	724.42
	4th year	763.05
	5th year	808.24
	6th year	844.60
	7th year	879.42
	8th year	909.94
	9th year	954.17

 

Table 2 - Other Rates and Allowances

 

Item	Clause	Allowance	Amount
No.	No.		$
1	3.1(iv)	Principal Scientific Officer-Qualification Allowance	36.80 p/wk
2	3.2	Psychologists, Audiologists and Research or Project Officers
	(ii)(b)	Allowance	40.70 p/wk
		Further Allowance	40.70 p/wk
3	3.5	Physiotherapist, Occupational Therapist, Speech Pathologist
		In-Charge Allowance	87.00 p/wk
4	25	Mileage Allowance
		Motor Car
		First 8,000 kilometres per year
		1,600 cc and over	0.526 p/km
		Under 1600 cc	0.376 p/km
		Over 8,000 kilometres per year
		1,600 cc and over	0.187 p/km
		Under 1600 cc	0.157 p/km
		Motor Cycle	0.248 p/km

 

 

 

J. P. GRAYSON  D.P.

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.