PRIVATE HOSPITAL AND NURSING HOME NURSES' SUPERANNUATION (STATE) AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

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

 

(No. IRC 5759 of 2003)

 

 

REVIEWED AWARD

 

1.  Arrangement

 

Clause No.          Subject Matter

 

1.         Arrangement

2.         Title

3.         Definitions

4.         Superannuation Legislation

5.         Contributions

6.         Salary Sacrifice to Superannuation

7.         Exemptions

8.         Grievance Procedure

9.         Area, Incidence and Duration

 

2.  Title

 

This award shall be known as the Private Hospital and Nursing Home Nurses' Superannuation (State) Award.

 

3.  Definitions

 

(i)         "Approved fund" means:

 

(a)        the Health Employees' Superannuation Trust Australia (H.E.S.T.A.);

 

(b)        the Health Industry Plan;

 

(c)        the National Healthcare Superannuation Fund (N.H.S.F.);

 

(d)        the Medprac Superannuation Scheme (Medprac);

 

(e)        any superannuation fund as agreed between the Association and employer(s), provided that the fund is a complying regulated fund and holds a Certificate of Compliance issued by the Australian Prudential Regulation Authority.  Provided further that the Association shall not unreasonably withhold agreement unless it establishes good and proper reasons;

 

(f)         any superannuation fund operating within a place of employment prior to 8 July 1997 provided that the fund is a complying regulated fund, holds a Certificate of Compliance issued by the Australian Prudential Regulation Authority, and the Association agrees to the continued approval of that fund. Provided that the Association shall not unreasonably withhold agreement unless it establishes good and proper reasons;

 

(g)        any superannuation fund nominated by the employee and approved by the employer in accordance with section 124 of the Industrial Relations Act 1996 ("the 1996 Act").

 

(ii)        "Complying regulated fund" means a superannuation fund that is regulated under the Superannuation Industry (Supervision) Act 1993 and has been issued with a Certificate of Compliance by the Australian Prudential Regulation Authority.

 

(iii)       "Ordinary-time earnings" means remuneration for an employee’s weekly number of hours of work, excluding overtime hours, calculated at the ordinary-time rate of pay, including the following:

 

(a)        Monday to Friday shift premiums for ordinary hours of work;

 

(b)        Weekend shift premiums for ordinary hours of work;

 

(c)        Public holiday loadings;

 

(d)        Any percentage addition payable to casual employees for ordinary hours or work;

 

(e)        Ordinary time award allowances (not including expense related allowances);

 

(f)         Overaward payments for ordinary hours of work.

 

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

 

(v)        "Qualified employee" means:

 

(a)        a full-time or part-time employee who has completed at least four weeks service in the industry of nursing. Provided that once this period has elapsed, payments in accordance with clause 5, Contributions, shall be made for the entire period of service with the employer;

 

(b)        a casual employee who has earned in excess of $2,000.00 ordinary-time earnings during their employment with an employer in the course of any one year (1 July to 30 June). Provided further that any casual employee who is deemed to be a qualified employee prior to 8 July 1997 will continue to be qualified.

 

4.  Superannuation Legislation

 

The subject of superannuation is dealt with extensively by federal legislation including the Superannuation Guarantee (Administration) Act 1992, the Superannuation Guarantee Charge Act 1992, the Superannuation Industry (Supervision) Act 1993, the Superannuation (Resolution of Complaints) Act 1993, and section 124 of the Industrial Relations Act 1996.  This legislation, as varied from time to time, shall govern the superannuation rights and obligations of the parties.

 

5.  Contributions

 

(i)         The employer shall make, in respect of qualified employees, superannuation contributions of three per cent of ordinary-time earnings into an approved fund.  Such contributions shall be remitted to the approved fund on a monthly basis.  With respect to casual employees, contributions shall be remitted at the time that employees receive their annual group certificates.

 

(ii)        It is provided further than an employee may nominate one complying fund to which all award and statutory superannuation contributions in respect of him/her shall be paid, subject to employer approval of the fund nominated by the employee.  Provided that the employer shall not unreasonably withhold agreement unless it establishes good and proper reasons for the withholding of agreement.

 

(iii)       Where no such nomination is made before any such contributions become payable, the contribution referred to in subclause (i) of this clause will be paid to the approved fund for that place of employment.

 

6.  Salary Sacrifice to Superannuation

 

(i)         Salary Sacrifice to Superannuation means the option of making additional superannuation contributions by electing to sacrifice a portion of the gross earnings (pre tax dollars) under the parent awards.  This will give the effect of reducing the taxable income by the amount for salary sacrifice.

 

(ii)        This clause shall not apply to any employee receiving remuneration in accordance with "Remuneration Packaging" provisions contained within the parent awards.

 

(iii)       "Parent Awards" shall mean either the Private Hospital Industry Nurses' (State) Award or Nursing Homes, &c., Nurses' (State) Award.

 

(iv)       Salary sacrifice to superannuation shall be offered to employees by mutual agreement between the employee and employer.

 

(v)        Such election must be made prior to the commencement of the period of service to which the earnings relate.

 

(vi)       One change of a sacrificed amount will be permitted in an employee's anniversary year, which is 12 months from the date of commencement of employment, without incurring an administration charge ($50). Changing from full-time to part-time or part-time to full-time employment will not be classified as a change for administration charge purposes.

 

(vii)      The amount sacrificed must not exceed any relevant superannuation guarantee contribution limit.

 

(viii)     The sacrificed portion of salary reduces the salary subject to PAYG Taxation deductions.

 

(ix)       Any allowance, penalty rate, overtime payment for unused leave entitlements, other than any payments for leave taken whilst employed, shall be calculated be reference to the salary which would have applied to the employee in the absence of any salary sacrifice to superannuation.  Payment for leave taken whilst employed will be at the post salary sacrificed amount.

 

(x)        Salary sacrifice arrangements can be cancelled by either the employer or employee at any time provided either party gives one months notice.  The employer has the right to withdraw from offering salary sacrifice to employees without notice if there is any alteration to relevant Australian Taxation legislation.

 

(xi)       Contributions payable by the employer in relation to the Superannuation Guarantee Legislation shall be calculated by reference to the salary which would have applied to the employee under the parent award in the absence of any salary sacrifice.

 

(xii)      Employers will not use any amount that is salary sacrificed by an employee to negate contributions payable under the Superannuation Guarantee Legislation.

 

(xiii)     The employee shall have the portion of payable salary that is sacrificed paid as additional employer superannuation contributions into the same superannuation fund that receives the employer's SGC contributions.

 

(xiv)     Nothing in this clause shall affect the right of an employer to maintain alternate arrangements with respect to salary sacrifice for employees.

 

7.  Exemptions

 

This award shall not apply to employers:

 

(i)         who are subject to any of the following:

 

(a)        Nurses (Private Sector) Superannuation (State) Award

 

(b)        State Authorities Non-Contributory Superannuation Act 1987;

 

8.  Grievance Procedure

 

Grievances and disputes shall be dealt with in the following manner:

 

(i)         The employee is to notify (in writing or otherwise) the employer as to the substance of the grievance, request a meeting with the employer for discussions and state the remedy sought.  This meeting shall take place within two working days of the issue arising (weekends and public holidays excepted).

 

(ii)        If agreement is not reached, the matter shall then be referred by either party to a higher authority (where this exists) no later than three working days after the meeting specified in subclause (i) of this clause (weekends and public holidays excepted).  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 (in writing or otherwise) for not implementing the proposed remedy.

 

(iii)       If the matter is still not settled within a reasonable period of time, it may be referred/notified to the Industrial Relations Commission of New South Wales.

 

(iv)       The employer may be represented by an industrial organisation of employers and the employee(s) may be represented by an organisation of employees for the purposes of each step of the procedure.

 

9.  Area, Incidence and Duration

 

(i)         Subject to clause 7, Exemptions, this award shall apply to all persons employed as nurses within the jurisdiction of the Private Hospital, Day Procedure Centre, Nursing Home, &c., Nurses' (State) Industrial Committee, excluding persons employed in Day Procedure Centres and members, novices or aspirants of religious orders.

 

(ii)        This award is made following a review under section 19 of the Industrial Relations Act 1996 and rescinds and replaces the Private Hospital and Nursing Home Nurses' Superannuation (State) Award published 23 January 1998 (303 I.G. 214) and all variations thereof.

 

(iii)       This award shall take effect on and from 12 December 2003 and remain in force for a period of 12 months.

 

(iv)       Clause 6, Salary Sacrifice to Superannuation shall take effect from the first full pay period to commence on or after 13 August 2001.

 

 

 

J. P. GRAYSON  D.P.

 

 

 

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Printed by the authority of the Industrial Registrar.