Ambulance Service of New South Wales Administrative and Clerical Employees (State) Award 2023

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by NSW Ministry of Health.

 

(Case No. 214836 of 2023)

 

 

AWARD

 

1.  Arrangement

 

This Award is arranged in the following manner:

 

PART A

 

Clause No.        Subject Matter

 

1.        Arrangement

2.        Objectives of the Award

3.        Definitions

4.        Employees’ Duties

5.        Work Arrangements

6.        Wages

7.        Hours of Duty

8.        Roster of Hours

9.        Overtime

10.      Time Off In Lieu of Overtime

11.      Accrual of Additional Days Off (ADOs)

12.      Penalty Rates for Shift Work and Weekend Work

13.      Promotion and Vacancies

14.      Appointment of Officers

15.      Termination of Employment

16.      Travelling Time and Expenses

17.      Relieving Other Members of Staff

18.      Flexible Work Practices

19.      Annual Leave

20.      Annual Leave Loading

21.      Public Holidays

22.      Family and Community Services Leave and Personal/Carer’s Leave

23.      Maternity, Adoption and Parental Leave

24.      Study Leave

25.      Trade Union Leave

26.      Long Service Leave

27.      Sick Leave

28.      Climatic and Isolation Allowance

29.      Benefits Not to Be Withdrawn

30.      Payment and Particulars of Wages

31.      Issues Resolution

32.      Union Subscriptions

33.      Union Noticeboards

34.      Anti-Discrimination

35.      Reasonable Hours

36.      Salary Sacrifice to Superannuation

37.      Salary Packaging

38.      No Extra Claims

39.      Area, Incidence and Duration

 

PART B

 

MONETARY RATES

 

40.      Classification Structure

41.      Climatic and Isolation Allowance

 

2.  Objectives of the Award

 

a.         The Parties agree to work co-operatively and positively to facilitate implementation of the programs and initiatives set out below:

 

(i)       service delivery reform and change and associated workforce reform, within the Ambulance Service of New South Wales;

 

(ii)      better management of overtime and sick leave; and

 

(iii)     to achieve a targeted reduction in the number and average cost of workers compensation claims and in sick leave and work cooperatively to improve return to work programs and the rate of successful return of injured employees to work.

 

b.        The Parties are committed to the satisfactory and timely resolution of any differences or disagreements and agree that all disputes arising between the parties will be dealt with in accordance with clause 31, Issues Resolution, of this Award. The Parties acknowledge their wider social obligations and will consider their actions in this context.

 

3.  Definitions

 

‘Accustomed Place of Work’ means the location where an employee is regularly required to commence duty by the Service.

 

‘Administrative and Clerical Employee’ means an employee of the Service who is employed pursuant to this Award.

 

‘Casual Employee’ means a person appointed in accordance with subclause 18(c) of this Award.

 

‘Employee’ means an Administrative & Clerical employee of the Service who is employed pursuant to this Award.

 

‘Employer’ means the Secretary of the Ministry of Health exercising employer functions on behalf of the Government of New South Wales (and includes a delegate of the Secretary).

 

‘Day Worker’ means an employee who works ordinary hours from Monday to Friday inclusive and who commences work on such days between 6.00 a.m. and at or before 10.00 a.m. inclusive.

 

‘Ministry’ means the NSW Ministry of Health.

 

‘Permanent Part-Time Employee’ means a person appointed in accordance with clause 18(a) of this Award.

 

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

 

‘Temporary Employee’ means a person appointed in accordance with clause 18(b) of this Award.

‘Union’ means the New South Wales Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union.

 

‘The Service’ means the Ambulance Service of New South Wales.

 

4.  Employees’ Duties

 

a.         The Service may direct an employee to carry out such duties as are reasonable and within the limits of the employees’ skills, competence and training consistent with the employees’ classification provided that such duties are not designed to promote de-skilling.

 

b.        The Service may direct an employee to carry out such duties and use such tools and equipment as may be required provided that the employee has been properly trained in the use of such tools and equipment.

 

c.         Any direction issued by the Service pursuant to subclauses (a) or (b) of this clause shall be consistent with the Service’s responsibilities to provide a safe and healthy working environment.

 

d.        The application of subclause (a) of this clause shall be undertaken in a fair, reasonable and sensible manner.

 

5.  Work Arrangements

 

a.

 

i          It is the view of the Service that a position description and a performance appraisal system should be developed for each of the classifications set out in clause 40, Classification Structure, of this Award.

 

ii         The Service will consult with the Union regarding the effect that position descriptions and the performance appraisal system will have on employees who are members of the Union.

 

b.        Work will be performed by the most efficient means. To achieve this end the Service will deploy skills based on operational needs.

 

c.         The parties agree that there will be no forced transfers as a result of the implementation of subclause (b) of this clause.

 

d.        Any proposal that will significantly affect employees who are members of the Union covered by this Award will be the subject of genuine consultation between the parties.

 

e.         Any dispute arising from the operation of this subclause will be dealt with in accordance with clause 31, Issues Resolution, of this Award.

 

6.  Wages

 

a.         Employees shall not be paid less than the minimum wages for their classification as set out in clause 40, Classification Structure, of this Award.

 

b.        The Service may, at its discretion, pay an employee any amount over and above the minimum wages as it sees fit.

 

7.  Hours of Duty

 

a.         The ordinary hours of work for day workers, exclusive of meal times, shall be 152 hours per 28 calendar days to be worked Monday to Friday inclusive and should commence between the hours of 6.00am and 10.00am.

 

b.        The ordinary hours of work for shift workers, exclusive of meal times, shall not exceed an average of 38 hours per week in each roster cycle.

 

c.         Each day worker shall be free from duty for not less than two full days in each week and each shift worker shall be free from duty for not less than two full days in each week or four full days in each fortnight.  Where practicable such days off duty shall be consecutive.

 

d.        The hours of work prescribed in subclauses (a) and (b) shall, where possible, be arranged in such a manner that in each cycle of 28 days each employee shall work his or her ordinary hours of work on not more than nineteen days in the cycle.

 

e.         The employees’ allocated day off duty, arising out of subclause (d) shall be determined by mutual agreement between the employee and the Service having regard to the needs of the Service.

 

f.         Where there is agreement between an employer and an employee, an employee's allocated day off duty prescribed by subclause (d) of this clause may be accumulated and be taken at a time mutually agreed upon between the employer and the employee, provided that the maximum number of allocated days off duty which may accumulate under this sub-clause shall be three. Any allocated day off duty accumulated but not taken at the date of termination, shall be paid out at ordinary rates applicable at date of termination as part of the usual termination entitlement.

 

g.        Employees in a work unit or location may agree that the ordinary hours of duty will be worked over nine days in a 14-day cycle (a nine-day fortnight). Agreement by the Service to this nine-day fortnight working arrangement, in each case, shall be dependent upon the operational requirements of the Service.

 

h.        Where agreement cannot be reached, to work a nine-day fortnight in accordance with subclause (g) in any area or location, the employee or employees concerned, or the Union may raise the issue with the appropriate manager, that is the General Manager, Corporate Services or the General Manager, Control. They shall review the decision and, if it is considered appropriate to meet the operational requirements of the Service, may approve a nine-day fortnight.

 

i.         Where an employee’s allocated days off duty falls on a public holiday as prescribed by clause 21 of this Award, the next working day shall be taken in lieu thereof.

 

j.         All time worked between the normal starting and normal ceasing time each day shall be at ordinary rates of pay.

 

k.        A period of twenty minutes shall be allowed to employees for a work break and such period shall be included in the ordinary hours of work. Subject to agreement between the Union and Service on a centre by centre basis, two ten minute work breaks may be taken in lieu of one twenty minute work break.

 

l.

 

(i)       Time not exceeding one hour and not less than thirty minutes shall be allowed for a meal break, provided that where an employee is called upon to work for any portion of his or her meal break such time shall count as part of his or her ordinary working time.

 

(ii)      The provision of paragraph (i) of this subclause shall not apply to employees employed in one of the Service’s Control Centres who work their ordinary roster of hours on a straight shift basis (i.e. a shift that does not include a meal break).

 

m.       Where practicable, employees shall not be required to work more than five (5) hours without a work/meal break.

 

n.        The provisions of this clause do not apply to casual employees, except for subclauses (k), (l) and (m) when the appropriate conditions have been achieved bear to full time employees.

 

8.  Roster of Hours

 

a.         The ordinary hours of duty prescribed by clause 7, Hours of Duty, of this Award, shall be worked according to rosters which shall be exhibited at least fourteen (14) days before the commencement date of the roster and shall show the hours of duty for the agreed roster period or twenty-eight (28) days whichever is the greater.

 

b.        There shall be a minimum break of eight (8) hours between rostered shifts except in case of an emergency or agreement between the Service and the employee.

 

c.         The roster of an employee may be altered by the Service at any time during the agreed roster period upon the provision of at least seven (7) days’ notice or less than seven (7) days in the event of an emergency, e.g. Sick leave, Family and Community Service Leave, etc.

 

d.        A day off duty shall be twenty-four (24) hours.

 

e.         Where an employee is rostered to an allocated day off that day is to be shown on the roster.

 

f.         The rosters of employees shall provide for an equitable distribution of Saturday and Sunday work between employees working the same agreed roster.

 

g.        The provisions of this clause do not apply to Day Workers or casual employees.

 

h.        Any dispute arising from the operation of this clause shall be dealt with in accordance with clause 31, Issues Resolution, of this Award.

 

9.  Overtime

 

a.         Employees are expected to work reasonable overtime in accordance with clause 35, Reasonable Hours of this Award.

 

b.        All time worked by employees outside the ordinary hours in accordance with clause 7, Hours of Duty, of this Award, shall be paid for at the rate of time and one half for the first two hours each day and thereafter at the rate of double time, provided however, that all overtime worked on a Sunday shall be paid for at the rate of double time and all overtime worked on public holidays shall be paid for at the rate of double time and one-half.

 

c.         An employee who is required to work overtime in excess of two hours shall, at the option of the Service, be supplied with a meal or shall be paid an amount as varied from time to time by the Service unless he or she has been notified on his or her previous shift or duty that he or she would be required to work overtime.

 

d.        Employees recalled to work overtime after leaving the Service’s premises, shall be paid for a minimum of two hours work at the appropriate rate for each time he or she is so recalled; provided that, except in unforeseen circumstances arising, an employee shall not be required to work the full minimum number of hours prescribed above if the job he or she was recalled to perform is completed within a shorter period.

 

e.         The employer must have processes in place for the formal release of employees from recall duty.

 

f.         Employees who are not formally released and who are recalled again during the two-hour minimum payment period are not entitled to any additional payment until the expiration of the two-hour period.

 

g.        Employees who are advised they will not be required to perform any additional work and are formally released and who are subsequently recalled again during the two-hour minimum payment period, shall be entitled to another two-hour minimum payment.

 

h.        Employees required to work overtime after leaving the employer’s premises to provide a technology support resolution remotely without onsite presence, shall be paid for such work at the appropriate overtime rate, with a minimum payment of one hour at such rates.

 

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

 

j.         An employee who works so much overtime:

 

i          between the termination of his or her ordinary work on any day or shift and the commencement of his or her ordinary work on the next day or shift that he or she has not had at least eight consecutive hours off duty between these times; or

 

ii         on a Saturday, a Sunday and a public holiday, not being ordinary working days, or on a rostered day off without having had eight consecutive hours off duty in the 24 hours preceding his or her ordinary commencing time on his or her next day or shift:

 

shall, subject to this sub-clause, be released after completion of such overtime until he or she has had eight consecutive hours off duty without loss of pay for ordinary working time occurring during such absence. If on the instruction of the Service such an employee resumes or continues to work without having had such eight consecutive hours off duty he or she shall be paid at double rates until he or she is released from duty for such period that he or she then shall be entitled to be absent until he or she has had eight consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

 

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

 

l.         All overtime worked by shift workers on Saturdays and Sundays shall be paid for at the appropriate overtime rate prescribed in subclause (b) of this clause, such overtime to be cumulative upon the ordinary time penalties applicable to such days of work.

 

The conditions of employment relating to Overtime for employees covered by this Award are to be determined by reference to the "New South Wales Ambulance Service Administrative and Clerical Agreement, 1988" and the "Ambulance Service of New South Wales Administration and Staff Clerical Enterprise Agreement, 1994" and all variations thereof. This provision only applies to those employees covered by this Award who were employees of the Service immediately prior to 1 July 1998.

 

m.       All overtime worked by casual employees shall be paid for at the appropriate overtime rate prescribed in subclause (b) of this clause, such overtime is in substitution for and not cumulative upon any shift premium prescribed in clause 12 of this Award or any loading or additional entitlement prescribed in clause 18(c) of this Award.

 

10.  Time Off in Lieu of Overtime

 

a.         The parties agree that any employee who is required to work overtime outside normal rostered hours may be compensated by way of time off in lieu of overtime.

 

b.        This agreement is subject to the following provisos:

 

i          Time off in lieu must be taken within three months of it being accrued at ordinary rates;

 

ii         The option of taking time off in lieu is subject to the active agreement of the Service management, so that it is conceivable that employees in one unit or location within the Service may be permitted to take time off in lieu but employees working in other locations and settings within the Service may not;

 

iii        Employees cannot be compelled to take time off in lieu of overtime; and

 

iv        Records of time off in lieu owing to employees and taken by employees must be maintained.

 

c.         Where an employee is unable to take time off in lieu of overtime within three months of it being accrued the time so accrued shall be paid out at the overtime rate applicable at the time of payment.

 

11.  Accrual of Additional Days Off (ADOs)

 

a.         The parties agree that employees should have the capacity to accumulate up to three (3) days additional days off duty (ADOs) as measured at any one point in time, which accrue in accordance with clause 7, Hours of Duty, of this Award. This limit on the accumulation right means that any employee who has a current accumulation of three ADOs must take the fourth ADO occurring to him or her when it falls due in accordance with the roster.

 

b.        This agreement is subject to the following provisos:

 

i          Employees cannot be compelled to accumulate their ADOs. It is merely an option available to employees.

 

ii.        This option of accumulation of ADOs is subject always to the active agreement of the Service management, so that it is conceivable that employees in one unit or location within the Service may be permitted to accumulate ADOs but employees working in other locations and settings within the Service may not.

 

iii.       The accumulation of ADOs should be considered in those units, departments or other discrete service areas where the service needs during periods when employees are utilising their accumulated ADOs.

 

iv.       Any ADOs accumulated but not taken as at the date of termination shall be paid out.

 

v.        The accumulation of ADOS should not apply to employees who have elected to work a nine-day fortnight in accordance with subclause (f) of clause 7, Hours of Duty.

 

c.         Further to the above, the parties agree that ADOs, whether accrued in accordance with clause 7, Hours of Duty, of this Award, or subclause (i) above, can be taken at a mutually convenient time to the Service and the employee.

 

12.  Penalty Rates for Shift Work and Weekend Work

 

a.         Shift workers working afternoon or night shift shall be paid the following percentage in addition to the ordinary rate for such shift:

 

Afternoon shift -

 

Commencing at 10 a.m. and before 1 p.m. - 10 per cent

 

Commencing at 1 p.m. and before 4 p.m. - 12.5 per cent

 

Night shift -

 

Commencing at 4 p.m. and before 4 a.m. - 15 per cent

 

Commencing at 4 a.m. and before 6 a.m. - 10 per cent

 

b.        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 Saturday at the rate of time and one half and for ordinary hours worked between midnight on Saturday and midnight on Sunday at the rate of time and three quarters. These extra rates shall be in substitution for and not cumulative upon the shift premiums prescribed in subclause (a) of this clause.

 

c.         Casual employees who perform an afternoon or night shift will receive the shift premiums in subclause (a) of this clause in addition to their ordinary rate for such shift. The provisions of subclause (b) of this clause apply to casual employees when any shift is worked on Saturday and/or Sunday, provided that this is in substitution for and not cumulative upon the casual loading as prescribed in paragraph (c)(iii) of clause 18.

For example:

 

i.         if working on an afternoon shift commencing after 1 p.m. -

 

(base hourly rate) + (10% of base hourly rate for casual loading) + (12.5% of base hourly rate for shift premium)

 

ii.        if working on a Saturday shift -

 

(base hourly rate) + (50% of base hourly rate for shift premium)

 

13.  Promotion and Vacancies

 

a.         Advertisement of vacant promotional positions shall be notified throughout the Service by regular Vacancy Circulars clearly displayed on Notice Boards at all Ambulance Stations and Ambulance Workplaces.

 

b.        Promotion shall be on the basis of merit.

 

c.         The vacancy shall be filled from applications received provided that the Service can re-advertise the position if necessary.

 

14.  Appointment of Officers

 

a.         All employees shall be appointed on probation for a period of six months from the date of their appointment or re-appointment to the Service.

 

b.        An employee engaged under this Award shall be engaged as a permanent fulltime employee, a permanent part-time employee, a temporary fulltime employee, a temporary part-time employee, and/or a Casual employee.

 

c.         Every employee will be provided with a Position Description commensurate with his or her position which he or she will be required to sign.

 

15.  Termination of Employment

 

a.         Other than for casual employees, employment shall be terminated by one (1) week notice in writing by either party or by the giving or forfeiting, as the case may be, of one (1) week’s wages in lieu of notice.

 

b.        The provisions of subclause (a) of this clause does not limit the Service’s right to terminate an employee’s employment without notice or payment in lieu of notice in the event of misconduct of the employee.

 

c.

 

i.         Employees with a credit of hours accrued towards an allocated day/s off duty shall be paid for such accrual upon termination.

 

ii.        Employees with a credit of hours accrued as a result of working a roster in accordance with subclause (a) of clause 7, Hours of Duty, of this Award, shall be paid such accrual upon termination.

 

iii.       Employees with a debit of hours accrued as a result of working a roster in accordance with sub- clause (a) of clause 7, Hours of Duty, of this Award, shall reimburse the Service for such accrual upon termination.

 

Employees with a credit of hours accrued as a result of optioning for time off in lieu of overtime in accordance with subclause (a) of clause 10, Time Off in Lieu of Overtime, of this Award shall be paid for such accrual upon termination at the appropriate overtime rate based on the rate of pay applying at the time of termination.

 

d.        The Service shall, upon request by the employee, give the employee a signed statement outlining the period of employment.

 

16.  Travelling Time and Expenses

 

a.

 

i.         Where an employee is directed to report for duty to a place of work other than the employee’s accustomed place of work, the employee shall travel to and from the alternative place of work in the Service’s time for those periods in excess of time normally taken to travel to and from the employee’s accustomed place of work.

 

ii.        Fares incurred by such employee in excess of the fares normally incurred in travelling to the employee’s accustomed place of work and returning home from the accustomed place of work, shall be reimbursed by the Service.

 

iii.       Where the employee is required to report to an alternative place of work and has the prior approval of the Service to travel by his or her own mode of conveyance, the employee shall be paid a kilometre allowance for kilometres travelled in excess of the kilometres the employee normally travels between the accustomed place of work and home. The kilometre allowance will be the specified journey rate as prescribed from time to time by the Ministry.

 

b.

 

i.         Where the Service has determined that an employee should report to a new accustomed place of work on a permanent basis, the decision must be discussed with the affected employee(s) and their representative prior to notice of changed accustomed place of work being given.

 

ii.        The Service shall give the employee reasonable notice of the requirement to report to a new accustomed place of work. For the purposes of this subclause "reasonable notice" shall be 28 days prior to the date the employee is first required to report to the new accustomed place of work.

 

iii.       Where the accustomed place of work is changed on a permanent basis by the Service, the employee shall report to the new accustomed place of work on the date.

 

17.  Relieving Other Members of Staff

 

a.         Subject to the provision of subclause (b) of this clause, an employee who is called upon to relieve an employee in a higher classification continuously for five working days or more, and who satisfactorily performs the duties and assumes the responsibilities of the higher classification as required by the employer, shall be entitled to receive, for the period of relief, the minimum pay of such higher classification.

 

b.        The payment shall be made on the following basis:

 

i.         Be paid at least the rate which would be applicable if 100% of such duties where performed on a permanent basis. Where relief is performed in a position at less than 100% the employee shall be paid a proportion equivalent to that lesser amount of relief, i.e. where 25% of the work of the position relieved is carried out, the relieving allowance shall be 25% of the difference between the rates applicable to the position.

 

ii.        Higher duties allowance shall only be paid when the employee has been directed by the Service to relieve in such position.

 

c.         This clause shall not apply when an employee in a higher classification is absent by reason of his or her allocated day or days off duty.

 

18.  Flexible Work Practices

 

a.         Permanent part-time employee

 

i.         A permanent part-time employee means an employee who is permanently appointed by the Service to work a specified number of hours to a maximum of thirty-two (32) hours per week except in emergency or urgent circumstances.

 

ii.        Permanent part-time employees shall be paid an hourly rate calculated on the basis of one thirty- eighth of the rate prescribed in clause 40, Classification Structure, of this Award a minimum payment of two (2) hours for each start.

 

iii.       Other than as set out in this clause, a permanent part-time employee is entitled to the terms of employment set out in this Award, calculated on a pro-rata basis, in the same proportion as the part-time hours bear to the full-time ordinary hours.

 

iv.       Employees engaged under this clause shall not be entitled to allocated days off.

 

v.        All time worked by permanent part-time employees in excess of the rostered daily ordinary hours of work prescribed for the majority of full-time employees employed on that shift in the unit or section concerned shall be paid for at the rate of time and one-half.

 

vi.       Time worked up to the rostered daily ordinary hours of work prescribed for a majority of the full- time employees employed on that shift or section concerned shall not be regarded as overtime but an extension of the contract hours for that day and shall be paid at the ordinary rate of pay.

 

vii.      Notwithstanding the provisions of this clause, the Service and the Union may agree in writing, to observe other conditions in order to meet special cases.

 

b.        Temporary employee

 

i.         A temporary employee is one engaged for a set period not exceeding thirteen (13) weeks, provided that fixed term contracts of employment, whether for periods greater or lesser than thirteen (13) weeks, must not be offered in preference to ongoing contracts unless they are necessary to meet the genuine requirements of the Service, which may include but not be limited to parental leave, limited term funding arrangements, long term leave relief, forthcoming service reductions, and anticipated peak demand times.

 

ii.        A temporary employee shall be paid in addition to all rates and allowances to which the said employee is entitled under this Award, an allowance equal to 10% of the rates prescribed for his or her classification by clause 40, Classification Structures, of this Award, provided that this subclause shall cease to apply upon:

 

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

 

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

 

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

 

c.         Casual employee

 

i.         A casual employee is an employee who is engaged and paid as such but does not include a part-time or fulltime work engagement. The nature of the work performed would be irregular, intermittent, urgent or short term.

 

ii.        Time worked up to the rostered daily ordinary hours of work prescribed for a majority of the fulltime employees employed on that shift in the station, unit or section concerned, shall not be regarded as overtime but an extension of the contract hours for that day and shall be paid at the ordinary rate of pay.

 

iii.       Casual employees will be paid an hourly rate calculated on the basis of one thirty-eighth of the appropriate rate prescribed for the appropriate classification in clause 40, Classification Structure, with a minimum payment of two hours for each start. In addition, a loading of 10% of the base hourly rate will be paid in recognition of the casual nature of the work and in lieu of all paid leave entitlements, other than long service leave in accordance with the provisions of the Long Service Leave Act 1955, and Annual Leave entitlements in accordance with the Annual Holidays Act 1944.

 

iv.       Unless otherwise specified in this Award or when accessing the right to refuse work, casual employees are not entitled to paid leave (including leave prescribed in clauses 19 to 27) or unpaid leave other than unpaid parental leave as prescribed in Part 4 of the Industrial Relations Act 1996.

 

v.        Casual employees are not entitled to time off in lieu of overtime or the accrual of additional days off (ADOs).

 

vi.       Casual employees employed in one of the Service’s Control Centres will be required to undertake and successfully complete all requirements identified as such by the Service to perform the role in which they are engaged.

 

d.        Shift Changes

 

i.         Where the Service’s prior consent is given to swap a shift, the employee working the shift shall record the working of that shift on his or her time sheet with payment made accordingly.

 

ii.        When the shift is swapped back it shall be for the same duration as the shifts previously swapped so as to ensure each employee maintains a thirty-eight (38) hours per week average.

 

iii.       Where a shift is to be paid back it shall be done in the current agreed roster period or, where this is not practical, within the following agreed roster period, or in a future roster period approved by the Service.

 

e.         Secure Employment

 

(a)       Objective of this clause

 

The objective of this clause is for the employer to take all reasonable steps to provide its employees with secure employment by maximising the number of permanent positions in the employer’s workforce, in particular by ensuring that casual employees have an opportunity to elect to become fulltime or part-time employees.

 

(b)      Casual Conversion

 

(i)       A casual employee engaged by a particular employer on a regular and systematic basis for a sequence of periods of employment under this Award during a calendar period of six months shall thereafter have the right to elect to have his or her ongoing contract of employment converted to permanent full-time employment or part-time employment if the employment is to continue beyond the conversion process prescribed by this subclause.

 

(ii)      Every employer of such a casual employee shall give the employee notice in writing of the provisions of this subclause within four weeks of the employee having attained such period of six months. However, the employee retains his or her right of election under this subclause if the employer fails to comply with this notice requirement.

 

(iii)     Any casual employee who has a right to elect under paragraph (b)(i), upon receiving notice under paragraph (b)(ii) or after the expiry of the time for giving such notice, may give four weeks’ notice in writing to the employer that he or she seeks to elect to convert his or her ongoing contract of employment to full-time or part-time employment, and within four weeks of receiving such notice from the employee, the employer shall consent to or refuse the election, but shall not unreasonably so refuse. Where an employer refuses an election to convert, the reasons for doing so shall be fully stated and discussed with the employee concerned, and a genuine attempt shall be made to reach agreement. Any dispute about a refusal of an election to convert an ongoing contract of employment shall be dealt with as far as practicable and with expedition in accordance with clause 31, Issues Resolution, of this Award.

 

(iv)     Any casual employee who does not, within four weeks of receiving written notice from the employer, elect to convert his or her ongoing contract of employment to full-time employment or part-time employment will be deemed to have elected against any such conversion.

 

(v)       Once a casual employee has elected to become and been converted to a full-time employee or a part-time employee, the employee may only revert to casual employment by written agreement with the employer.

 

(vi)     If a casual employee has elected to have his or her contract of employment converted to full-time or part-time employment in accordance with paragraph (b)(iii), the employer and employee shall, in accordance with this paragraph, and subject to paragraph (b)(iii), discuss and agree upon:

 

(1)       whether the employee will convert to full-time or part-time employment; and

 

(2)       if it is agreed that the employee will become a part-time employee, the number of hours and the pattern of hours that will be worked either consistent with any other part-time employment provisions of this award or pursuant to a part time work agreement made under Chapter 2, Part 5 of the Industrial Relations Act 1996 (NSW);

 

Provided that an employee who has worked on a full-time basis throughout the period of casual employment has the right to elect to convert his or her contract of employment to fulltime employment and an employee who has worked on a part- time basis during the period of casual employment has the right to elect to convert his or her contract of employment to part-time employment, on the basis of the same number of hours and times of work as previously worked, unless other arrangements are agreed between the employer and the employee.

 

(vii)    Following an agreement being reached pursuant to paragraph (vi), the employee shall convert to full-time or part-time employment. If there is any dispute about the arrangements to apply to an employee converting from casual employment to full-time or part-time employment, it shall be dealt with as far as practicable and with expedition in accordance with clause 31, Issues Resolution, of this Award.

 

(viii)   An employee must not be engaged and re-engaged, dismissed or replaced in order to avoid any obligation under this subclause.

 

(c)       Occupational Health and Safety

 

(i)       For the purposes of this subclause, the following definitions shall apply:

 

(1)       A "labour hire business" is a business (whether an organisation, business enterprise, company, partnership, co-operative, sole trader, family trust or unit trust, corporation and/or person) which has as its business function, or one of its business functions, to supply staff employed or engaged by it to another employer for the purpose of such staff performing work or services for that other employer.

 

(2)       A "contract business" is a business (whether an organisation, business enterprise, company, partnership, co-operative, sole trader, family trust or unit trust, corporation and/or person) which is contracted by another employer to provide a specified service or services or to produce a specific outcome or result for that other employer who might otherwise have been carried out by that other employer’s own employees.

 

(ii)      Any employer who engages a labour hire business and/or a contract business to perform work wholly or partially on the employer’s premises shall do the following (either directly, or through the agency of the labour hire or contract business):

 

(1)       consult with employees of the labour hire business and/or contract business regarding the workplace occupational health and safety consultative arrangements;

 

(2)       provide employees of the labour hire business and/or contract business with appropriate occupational health and safety induction training including the appropriate training required for such employees to perform their jobs safely;

 

(3)       provide employees of the labour hire business and/or contract business with appropriate personal protective equipment and/or clothing and all safe work method statements that they would otherwise supply to their own employees; and

 

(4)       ensure employees of the labour hire business and/or contract business are made aware of any risks identified in the workplace and the procedures to control those risks.

 

(iii)     Nothing in this subclause (c) is intended to affect or detract from any obligation or responsibility upon a labour hire business arising under the Occupational Health and Safety Act 2000 or the Workplace Injury Management and Workers Compensation Act 1998.

 

(d)      Disputes Regarding the Application of this Clause

 

Where a dispute arises as to the application or implementation of this clause, the matter shall be dealt with pursuant to clause 31, Issues Resolution, of this Award.

 

(e)       This clause has no application in respect of organisations which are properly registered as Group Training Organisations under the Apprenticeship and Traineeship Act 2001 (or equivalent interstate legislation) and are deemed by the relevant State Training Authority to comply with the national standards for Group Training Organisations established by the ANTA Ministerial Council.

 

19.  Annual Leave

 

a.         As per the Annual Holidays Act 1944, as amended from time to time.

 

b.        In addition to the leave provided for by subclause (a) of this clause, seven-day shift workers, (that is, shift workers who are rostered to work regularly on Sundays and Public Holidays), shall be allowed one week’s leave; provided that if during the year of employment an employee has served for only portion of it as a seven-day shift worker the additional leave shall be one day for every 36 ordinary shifts worked as a seven-day shift worker. In this subclause, reference to one week and one day shall include holidays and non-working days.

 

c.         Employees entitled to the additional annual leave pursuant to subclause (b) above, may elect to be paid an amount equivalent to the value of their additional leave entitlement, in lieu of taking the additional leave. Such election is to be made in writing by the employee at the commencement of each year of employment.

 

d.        Except as otherwise provided in this subclause, the entitlement to the additional one week’s leave shall be treated for all purposes (including termination), as an entitlement under the Annual Holidays Act 1944.

 

e.         The Service agrees subject to at least twenty-eight (28) days prior written authorisation by the employee, to pay employees Annual Leave entitlements on a fortnightly basis which coincides with the normal fortnightly pay period.

 

20.  Annual Leave Loading

 

a.         The provisions of this clause do not apply to casual employees.

 

b.        In this clause the Annual Holidays Act 1944, is referred to as "The Act".

 

c.         Before an employee is given and takes his or her annual holidays or, where by agreement between the Service and employee the annual holidays is given and taken in more than one separate period, then before each of such separate periods, the Service shall pay the employee a loading determined in accordance with this clause. (Note: the obligation to pay in advance does not apply where an employee takes an annual holiday wholly or partly in advance - see subclause (f)).

 

i.         The annual leave loading is payable in addition to the pay for the period of holiday given and taken and due to the employee under the Act and this Award.

 

ii.        The Service agrees subject to at least twenty-eight (28) days prior written authorisation by the employee, to pay employees Annual Leave Loading entitlements on a fortnightly basis which coincides with the normal fortnightly pay period.

 

d.        The loading is to be calculated in relation to any period of annual holiday to which the employee becomes entitled under the Act and this Award, or, where such a holiday is given and taken in separate periods, then in relation to each separate period. (Note: See subclause (f) as to holidays taken wholly or partly in advance).

 

e.         The loading is the amount payable for the period or the separate period, as the case may be, stated in subclause (f) at the rate of seventeen and one half 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 or her annual holiday, but shall not include any allowances, penalty rates, shift allowances, overtime or any other payments prescribed by this Award.

 

f.         No loading is payable to an employee who takes an annual holiday wholly or partly in advance; provided that, if the employment of such an employee continues until the day when he or she would have become entitled under the Act to an annual holiday, the loading then becomes payable in respect of the period of such holiday and is to be calculated in accordance with subclause (e) of this clause applying the Award rates of wages payable on that day. This subclause applies where an annual holiday has been taken wholly or partly in advance.

 

g.        Where an employee terminates his or her service or where and at the time of the termination the employee has not been given and has not taken the whole of an annual holiday for which he or she became entitled, he or she shall be paid a loading calculated in accordance with subclause (d) for the period not taken.

 

h.        Where the employment of an employee is terminated by his or her Service for a cause other than misconduct, he or she shall be paid a loading calculated in accordance with subclause (d) for the period not taken where at the time of the termination the employee has not been given and has not taken the whole of an annual holiday to which he or she became entitled.

 

i.         Where the employment of an employee is terminated by his or her Service for other than misconduct, he or she shall be paid a loading calculated at seventeen and one half per cent of all payment due to him or her under the Annual Holidays Act 1944, where at the time of termination the employee has not become entitled to an annual holiday.

 

21.  Public Holidays

 

a.

 

i.         Public holidays shall be allowed to employees on full pay. Where an employee is required to and does work on any of the holidays set out in this subclause, whether for a full shift or not, the employee shall be paid one and one half day’s pay in addition to the weekly rate, such payment to be in lieu of weekend or shift allowances which would otherwise be payable had the day not been a public holiday.

 

ii.        For the purposes of this clause the following shall be deemed Public Holidays, viz.: New Year’s Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Queen’s Birthday, Labour Day, Christmas Day, Boxing Day and any other day duly proclaimed and observed as a public holiday for the State shall be holidays for the purpose of this Award.

 

iii.       Shift workers rostered off duty on a public holiday shall:

 

a.         be paid one day’s pay in addition to the weekly rate; or if the employee so elects,

 

b.        have one day added to his or her period of annual leave.

 

iv.       The election referred to in paragraph (iii) of this subclause is to be made in writing by the employee at the commencement of each year of employment and is irrevocable during the currency of that year of employment.

 

b.

 

i.         In addition to those public holidays specified in paragraph (a)(ii) of this clause, employees shall be entitled to an extra public holiday each year. Such public holiday will occur on a date which is agreed upon between the Union and the Service and shall be regarded for all purposes of this clause, as any other public holiday.

 

ii.        The foregoing will not apply in areas where, in each year, a day in addition to the ten named public holidays specified in paragraph (a)(ii) is proclaimed and observed as a public holiday for the area, and will not apply to those areas where, in each year, at least two half days, in addition to the ten named public holidays specified in paragraph (a)(ii), are proclaimed and observed as half public holidays.

 

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

 

c.         Special holidays proclaimed for any city or town are to be granted or equivalent payment made in lieu thereof to employees, either day workers or shift workers, employed in such towns or cities. Equivalent payment means double time and one half.

 

Where a shift workers rostered day off falls due on such day, he or she shall be paid, in addition to their appropriate rate of pay, an extra day or half-days pay at ordinary rates whichever is applicable.

 

d.        All time required to be worked by a casual employee on a public holiday shall be paid for at double time and a half, such rate is in substitution for and not cumulative upon any shift premium prescribed in clause 12 of this Award or any loading or additional entitlement prescribed in clause 18(c) of this Award. The provisions of subclause (a) to (c) of this clause shall not apply to casual employees.

 

22.  Family and Community Services Leave and Personal/Carers’ Leave

 

Family and Community Services (FACS) Leave and Personal/Carer’s Leave are separate, stand alone entitlements. The provisions of this clause do not apply to casual employees. Casual employee entitlements are as prescribed subclause 4.4 in the NSW Health Policy Directive PD2023_006 Leave Matters for the NSW Health Service, as amended or replaced from time to time.

 

A.        FACS Leave

 

(a)       FACS Leave - General

 

(i)       For the purpose of this clause relating to FACS leave: "relative" means a person related by blood, marriage or affinity;

 

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

 

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

 

(ii)      A manager may grant FACS leave to an employee:

 

(1)       to provide care and/or support for sick members of the employee’s relatives or household; or

 

(2)       for reasons related to the family responsibilities of the employee (e.g. to arrange and or attend a funeral of a relative; to accompany a relative to a medical appointment where there is an element of emergency; parent/teacher meetings; education week activities; to meet elder-care requirements of a relative); or

 

(3)       for reasons related to the performance of community service by the employee (e.g. in matters relating to citizenship; to office holders in local government, other than as a mayor, for attendance at meetings, conferences or other associated duties; representing Australia or the State in major amateur sport other than in Olympic/Commonwealth Games); or

 

(4)       in a case of pressing necessity (e.g. where an employee is unable to attend work because of adverse weather conditions which either prevent attendance or threaten life or property; the illness of a relative; where a child carer is unable to look after their charge).

 

(iii)     FACS leave replaces compassionate leave.

 

(iv)     An employee is not to be granted FACS leave for attendance at court to answer a criminal charge unless the Chief Executive Officer or authorised delegate approves the grant of leave in the particular case.

 

Applications for FACS leave to attend court, for reasons other than criminal charges, will be assessed on an individual basis.

 

(b)      FACS Leave - entitlement

 

(i)       The maximum amount of FACS leave on full pay that may be granted to an employee is:

 

(1)       three working days during the first year of service, commencing on and from 1 January 1995, and thereafter 6 working days in any period of two years; or

 

(2)       one working day, on a cumulative basis effective from 1 January 1995, for each year of service after two years’ continuous service, minus any period of FACS leave already taken by the employee since 1 January 1995,

whichever method provides the greater entitlement.

 

(ii)      For the purposes of calculating entitlements under (b)(i)(1) and (2) above, a working day for employees working 38 hours per week shall be deemed to consist of eight hours. For shift workers the rate at which FACS leave is paid out and utilised shall be on actual hours absent from a rostered shift.

 

Example A: An employee working 38 hours per week will have an entitlement, in their first year of employment, to 24 hours of FACS leave. If the employee takes FACS leave for a full 10 hour shift, the employee would be debited 10 hours of FACS leave.

 

Example B: An employee, employed prior to 1 January 1995, applies for FACS leave on 20 February 1997. The employee is entitled to six days in any period of two years. Therefore, to calculate the employee’s available FACS leave as at 20 February 1997, add all FACS leave taken from 21 February 1995 to 20 February 1997 and deduct that amount from the six days entitlement.

 

(iii)     FACS leave is available to part-time employees on a pro rata basis, based on the average number of hours worked per week. A working day shall consist of one-fifth of the employee’s average weekly hours during the preceding 12 months or during the employee’s period of employment, whichever is the lesser period.

 

Example: An employee working an average of 30 hours per week will have an entitlement, in his/her first year of employment, of 18 hours of FACS leave. If the employee takes FACS leave for a full rostered shift e.g. of four hours, the employee would be debited four hours of FACS leave. Likewise, if the employee was rostered for eight hours and was absent for the full 8 hours on FACS leave, he/she would be debited eight hours of FACS leave.

 

(c)       Additional FACS leave for bereavement purposes

 

Where FACS leave has been exhausted, additional FACS leave of up to two days for bereavement may be granted on a discrete, "per occasion" basis to an employee on the death of a relative or member of a household as defined in paragraph (a)(i) of Part A of this clause.

 

(d)      Use of other leave entitlements

 

A manager may grant an employee other leave entitlements for reasons related to family responsibilities or community service, by the employee.

 

An employee may elect, with the consent of the employer, to take annual leave; long service leave; or leave without pay.

 

B.        Personal/Carer’s Leave

 

(a)       Use of sick leave to care for the person concerned - definitions

 

A person who needs the employee’s care and support is referred to as the "person concerned" and is:

 

(i)       a spouse of the employee; or

 

(ii)      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

 

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

 

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

 

(v)       a relative of the employee who is a member of the same household, where for the purpose of this clause relating to Personal/Carer’s Leave:

 

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

 

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

 

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

 

(b)      Use of sick leave to care for the person concerned - entitlement

 

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

 

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

 

(2)       the person concerned being as defined in subclause (a) of Part B, of this clause.

 

(ii)      Other than an employee who receives a loading in lieu of sick leave, an employee with responsibilities in relation to a person who needs their care and support shall be entitled to use the untaken sick leave, from that year’s annual sick leave entitlement, to provide care and support for such persons when they are ill.

 

(iii)     Sick leave accumulates from year to year. In addition to the current year’s grant of sick leave available under (ii) above, sick leave untaken from the previous three years may also be accessed by an employee with responsibilities in relation to a person who needs their care and support.

 

(iv)     A manager may, in special circumstances, make a grant of additional sick leave. This grant can only be taken from sick leave untaken prior to the period referred to in subclause (iii) above.

 

(v)       The employee shall, if required, establish either by production of a medical certificate or statutory declaration, that the illness of the person concerned is such as to require care by another person.

 

(vi)     The employee has the right to choose the method by which the ground for leave is established, that is, by production of either a medical certificate or statutory declaration.

 

(vii)    The employee is not required to state the exact nature of the relevant illness on either a medical certificate or statutory declaration.

 

(viii)   The 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.

 

(ix)     In normal circumstances, the employee must not take leave under this part where another person has taken leave to care for the same person.

 

(c)       Use of other leave entitlements

 

An employee may elect, with the consent of the employer, to take:

 

(i)       annual leave, including annual leave not exceeding 10 days in single day periods or part thereof, in any calendar year at a time or times agreed by the parties. 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. An employee may elect with the employer’s agreement to take annual leave at any time within a period of 24 months from the date at which it falls due.

 

(ii)      long service leave; or

 

(iii)     leave without pay for the purpose of providing care and support to the person concerned as defined in subclause (a) of Part B of this clause.

 

(d)      Time off in lieu of payment of overtime

 

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

 

(ii)      Overtime taken as time off during ordinary time shall be taken at the ordinary time rate, that is, one hour off for each hour of overtime worked.

 

(iii)     If, having elected to take time as leave in accordance with (d)(i) above and 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 from the date the overtime was worked, or earlier by agreement, or on termination.

 

(iv)     Where no election is made in accordance with paragraph (d)(i) above, the employee shall be paid overtime rates in accordance with the provisions of clause 9, Overtime.

 

(e)       Use of make-up time

 

(i)       An employee may elect, with the consent of the employer, to work "make-up time". "Make-up time" is worked when the employee takes time off during ordinary hours for family or community service responsibilities, and works those hours at another time, during the spread of ordinary hours provided for in clauses 7 and 8 of this Award, at the ordinary rate of pay.

 

(ii)      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 during ordinary hours and works those hours at another time) at the applicable shift work rate which would have been applicable to the hours taken off.

 

23.  Maternity, Adoption and Parental Leave

 

This clause is to be read in conjunction with Section 5 of the NSW Health Policy Directive PD2023_006 Leave Matters for the NSW Health Service and the Service’s Maternity Leave Operating procedure PRO2018-002, as amended or replaced from time to time.

 

A.        Maternity Leave

 

(a)       Eligibility for Paid Maternity Leave

 

(i)       Full time employees

 

Female employees who prior to the expected date of birth, have completed at least forty (40) weeks’ continuous service (of not less than 31.25 hours per week) are eligible for paid maternity leave.

 

 

(ii)      Permanent part-time employees

 

Permanent part-time employees are employees engaged on a permanent part-time basis as defined by their Award. Female employees employed on this basis are entitled to pro-rata paid maternity leave after forty (40) weeks continuous service.

 

(iii)     An employee who has once met conditions for paid maternity leave will not be required to again work the forty (40) weeks continuous service in order to qualify for a further period of paid maternity leave, unless:

 

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

 

(2)       the employee has completed a period of leave without pay of more than forty (40) weeks. In this context, leave without pay does not include sick leave without pay, maternity leave without pay or leave without pay associated with an illness or injury compensable under workers’ compensation legislation.

 

(b)      Entitlements to Paid Maternity Leave

 

(i)       Eligible employees are entitled to fourteen (14) weeks at the ordinary rate of pay from the date maternity leave commences. This leave may commence up to fourteen (14) weeks prior to the expected date of birth.

 

(ii)      Paid maternity leave may be paid: on a normal fortnightly basis; or in advance in a lump sum; or

 

at the rate of half pay over a period of twenty-eight (28) weeks on a regular fortnightly basis.

 

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

 

(iii)     Should an employee return to duty during the period of paid maternity leave, such paid leave ceases from the date duties are resumed.

 

(c)       Entitlements to Unpaid Maternity Leave

 

(i)       An employee entitled to paid maternity leave is entitled to a further period of unpaid maternity leave of not more than twelve (12) months from the actual date of birth. The leave therefore does not extend beyond the child’s first birthday.

 

(ii)      Fulltime or permanent part time female employees who are not eligible for paid maternity leave are entitled to unpaid maternity leave of not more than 12 months.

 

(d)      Applications for Maternity Leave

 

(i)       An employee who intends to proceed on maternity leave should formally notify their manager (in writing) of such intention as early as possible however, not less than eight (8) weeks prior to the commencement of leave. This notice must include a statement of:

 

(1)       The intention to proceed on maternity leave;

 

(2)       The expected date of birth certified by a medical practitioner;

 

(3)       The period of leave to be taken;

 

(4)       The date on which maternity leave is to commence;

 

(5)       A Statutory Declaration stating any period of parental leave sought or taken by the employee’s spouse. This declaration must also state that the applicant is the child’s primary caregiver for the period of leave sought.

 

(6)       The entitlement to maternity leave is reduced by any period of parental leave taken by the employee’s spouse. Apart from parental leave of one (1) week at the time of birth, maternity leave is not to be taken concurrently with parental leave except as otherwise provided at paragraph (a)(i) of Part D of this clause.

 

(e)       Applications for Further Maternity Leave

 

(i)       Where an employee becomes pregnant whilst on maternity leave a further period of maternity leave shall be granted. If an employee enters on the second period of maternity leave during the currency of the initial period of maternity leave, then any residual maternity leave from the initial entitlement ceases.

 

(ii)      An employee who commences a subsequent period of maternity leave while on unpaid maternity leave under paragraph (c)(i) of Part A of this clause or paragraph (a)(ii) of Part D of this clause is entitled to be paid at their normal rate (i.e. the rate at which they were paid before proceeding on maternity leave).

 

(iii)     An employee who commences a subsequent period of maternity leave during the first 12 months of a return to duty on a part time basis as provided under paragraph (a)(iii) of Part D of this clause is entitled to be paid at their substantive full time rate for the subsequent period of maternity leave.

 

(iv)     An employee who commences a subsequent period of maternity leave more than 12 months after returning to duty on a part time basis under paragraph (a)(iii) of Part D of this clause, will be entitled to paid maternity leave for the subsequent period of maternity leave at their part time rate.

 

(f)       Variations of Maternity Leave

 

After commencing maternity leave, an employee may vary the period of her maternity leave -

 

(i)       once without the consent of the Service, but with a minimum of fourteen (14) days’ notice in writing; and

 

(ii)      otherwise with the consent of the Service, with a minimum of fourteen (14) days’ notice in writing.

 

However, more advanced notice is encouraged, especially for uniformed staff because of roster arrangements.

 

(g)      Staffing Provisions

 

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

 

(h)      Effect of Maternity Leave on Accrual of Leave, Increments, etc.

 

(i)       Unpaid maternity leave does not count as service for the purposes of accruing sick leave (unless the period of unpaid leave is less than one month, although it is unlikely that unpaid maternity leave would be for such a lesser period), annual leave (unless the period of unpaid maternity leave is less than 28 calendar days) or long service leave (unless the employee has completed 10 years’ service and the period of unpaid maternity leave is less than six months).

 

(ii)      Unpaid maternity leave is not to be counted as service for determining incremental progression. Periods of maternity leave at full pay and at half pay are to be regarded as service for incremental progression on a pro-rata basis. Notwithstanding the foregoing, increments based on age must be paid on attainment of the appropriate age.

 

(iii)     During a period of unpaid maternity leave the employee will not be required to meet the employer’s superannuation liability. The employee will, however, be required to make any necessary arrangements for their own contributions.

 

(iv)     When the employee has resumed duties, any period of full pay leave is counted in full for the accrual of annual leave and any period of maternity leave on half pay is taken into account to the extent of one half thereof when determining the accrual of annual leave.

 

(v)       Except in the case of employees who have completed ten (10) 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 (10) years’ service, the period of maternity leave without pay shall count as service provided such leave does not exceed six (6) months.

 

(vi)     Where public holidays occur during the period of paid maternity leave, payment is at the rate of maternity leave received, i.e. public holidays occurring in a period of full pay maternity leave are paid at full rate and those occurring during a period of half pay leave are paid at half rate.

 

(i)       Illness Associated with Pregnancy

 

(i)       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 any sick leave without pay.

 

(ii)      Where an employee is entitled to paid maternity leave but, because of illness or injury, is on workers’ compensation, sick, annual, long service leave, or sick leave without pay prior to the birth, such leave will cease nine (9) weeks prior to the expected date of birth. The employee will then commence on maternity leave with the normal provisions applying.

 

(j)       Effect of Premature Birth on Payment of Maternity Leave An employee who gives birth prematurely prior to proceeding on maternity leave, shall be treated as being on maternity leave from the date she enters on leave to give birth to the child.

 

(k)      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 or maternity leave, subject to production of a medical certificate. She may resume duty at any time provided she produces a doctor's certificate as to her fitness.

 

(l)       Miscarriage

 

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

 

(m)     Fitness to Continue Working During Pregnancy and Alternative Work

 

(i)       Whilst an employee may commence maternity leave up to fourteen (14) weeks, prior to the expected date of birth, this is not compulsory. However, if an employee decides to continue working prior to taking maternity leave, she must be able to satisfactorily perform her normal duties.

 

(ii)      Where, because of an illness or risk associated with her pregnancy, an employee cannot carry out the duties of her position, an employer is obligated, as far as practicable, to provide alternative employment in some other position that she is able to satisfactorily to perform, until maternity leave commences. 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.

 

(n)      Right to Return to Previous Position

 

(i)       An employee who returns to work after maternity leave has a right to return to her former position.

 

(ii)      Where this position no longer exists, the employee is entitled to be placed in a position nearest in status and salary to that of her former position and to which the employee is capable and/or qualified.

 

(o)      Portability of Service for Paid Maternity Leave

 

When determining an employee’s eligibility for paid maternity leave, continuous service with an organisation that is part of the government sector as defined in the Government Sector Employment Act 2013, as amended or replaced from time to time, will be recognised, provided that:

 

service was on a full time or permanent part time (as specified) basis;

 

cessation of service with the former employer was not by reason of dismissal on any ground, except retrenchment or reduction of work;

 

the employee commences duty with the new employer on the next working day after ceasing employment with the former employer. (There may be a break in service of up to 2 months before commencing duty with the new employer, provided that the new position was secured before ceasing duty with the former employer. However, such a break in service will not be counted as service for the purpose of calculating any prior service prerequisite for paid maternity leave.)

 

Portability of service for paid maternity leave involves the recognition of service in government sector agencies for the purpose of determining an employee’s eligibility to receive paid maternity leave. For example, where an employee moves between a public service department and a public hospital, previous continuous service will be counted towards the service prerequisite for paid maternity leave.

 

B.        Adoption Leave

 

(a)       Eligibility for Adoption Leave

 

(i)       All full time and permanent part time employees who are adopting a child and are to be the primary care giver of the child are entitled to unpaid adoption leave.

 

(ii)      Employees who are adopting a child and are to be the primary care giver of the child are entitled to paid adoption leave as follows:

 

Full time employees

 

Employees who, prior to the date of taking custody of the child, have completed 40 weeks continuous service (of not less than 31.25 hours per week) are eligible for paid adoption leave.

Permanent part-time employees

 

Permanent part-time employees are employees engaged in a permanent part-time basis as defined by their Award. These employees are entitled to pro-rata paid adoption leave after forty (40) weeks continuous service.

 

(iii)     An employee who has once met conditions for paid adoption leave will not be required to again work the forty (40) weeks continuous service in order to qualify for a further period of paid adoption leave, unless:

 

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

 

(2)       the employee has completed a period of leave without pay of more than forty (40) weeks. In this context, leave without pay does not include sick leave without pay, maternity leave without pay, or leave without pay associated with an illness or injury compensable under workers’ compensation legislation.

 

(b)      Entitlements

 

(i)       Paid Adoption Leave

 

Eligible employees are entitled to fourteen (14) weeks at the ordinary rate of pay. This leave may commence from the date of taking custody of the child.

 

Paid adoption leave may be paid:

 

on a normal fortnightly basis; or in advance in a lump sum; or

 

at the rate of half pay over a period of twenty-eight (28) weeks on a regular fortnightly basis.

 

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

 

(ii)      Unpaid Adoption Leave

 

Eligible employees are entitled to unpaid adoption leave as follows:

 

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

 

where the child is over the age of 12 months and under 18 years old - a period of up to 12 months, such period to be agreed upon by both the employee and the employer.

 

(c)       Applications for Adoption Leave

 

(i)       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, normally eight weeks prior. This will allow arrangements associated with the adoption leave to be made.

 

(ii)      A statement must also be provided from the adoption agency or appropriate body/government authority confirming that the applicant/ employee is to have custody and the expected date of placement of the child.

 

(d)      Applications for Further Adoption Leave

 

Same provisions as maternity leave.

 

(e)       Variations of Adoption Leave

 

Same provisions as maternity leave.

 

(f)       Staffing Provisions

 

Same provisions as maternity leave.

 

(g)      Effect of Adoption Leave on Accrual of Leave, Increments, etc.

 

Same provisions as maternity leave.

 

(h)      Right to Return to Previous Position

 

Same provisions as maternity leave.

 

(i)       Portability of Service for Paid Adoption Leave

 

Same provisions as maternity leave.

 

C.        Parental Leave

 

(a)       Eligibility for Parental Leave

 

(i)       Fulltime employees

 

Employees who, prior to the expected date of birth or to the date of taking custody of the child, have completed 40 weeks continuous service (of not less than 31.25 hours per week) are eligible for parental leave.

 

(ii)      Permanent part-time employees

 

Permanent part-time employees are employees engaged in a permanent part-time basis as defined by their Award. These employees are entitled to pro-rata paid parental leave after forty (40) weeks continuous service.

 

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

 

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

 

(2)       the employee has completed a period of leave without pay of more than forty (40) weeks. In this context, leave without pay does not include sick leave without pay, maternity leave without pay, or leave without pay associated with an illness or injury compensable under workers’ compensation legislation.

 

(b)      Entitlements

 

Eligible employees whose spouse or partner (including a same sex partner) is pregnant or is taking custody of a child, are entitled to a period of leave not exceeding 52 weeks, which includes one week of paid leave, and may be taken as follows:

 

(i)       an unbroken period of up to one week at the time of the birth of the child, taking custody of the child or other termination of the pregnancy (short parental leave).

 

(ii)      the entitlement of one week’s paid leave may be taken at anytime within the 52-week period and shall be paid at the employee’s ordinary rate of pay for a period not exceeding one week on full pay, or two weeks at half pay or the period of parental leave taken, whichever is the lesser period.

 

(iii)     a further unbroken period of unpaid parental leave not exceeding 52 weeks when added to short parental leave in order to be the primary caregiver of the child (extended parental leave).

 

(iv)     extended parental leave cannot be taken at the same time as the employee’s spouse or partner is on maternity or adoption leave, except as otherwise provided at paragraph (a)(i) of Part D of this clause.

 

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

 

(c)       Applications for Parental Leave

 

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

 

(ii)      The employee should give written notice of the intention to take the leave, at least four weeks before proceeding on leave, and should detail the dates on which they propose to start and end the period of leave. It is recognised in situations of taking custody of a child, little or no notice may be provided to the employee. In such an instance, the employee should notify the employer as early as practicable.

 

(iii)     The employee must, before the start of leave, provide a certificate from a medical practitioner confirming that their spouse or partner is pregnant and the expected date of birth, or in the case of an adoption, an official form or notification on taking custody of the child.

 

(iv)     In the case of extended parental leave, the employee must, before the start of leave, provide a statutory declaration by the employee stating:

 

if applicable, the period of any maternity leave sought or taken by his spouse, and

 

that they are seeking the period of extended parental leave to become the primary caregiver of the child.

 

(d)      Variations of Parental Leave

 

Same provisions as maternity leave.

 

(e)       Staffing Provisions

 

Same provisions as maternity leave.

 

(f)       Effect of Parental Leave on Accrual of Leave, Increments, etc.

 

Same provisions as maternity leave.

 

(g)      Right to Return to Previous Position

 

Same provisions as maternity leave.

 

(h)      Portability of Service for Paid Parental Leave

 

Same provisions as maternity leave.

 

D.        Right to Request

 

(a)       An employee entitled to maternity, adoption or parental leave may request the employer to allow the employee:

 

(i)       to extend the period of simultaneous parental leave use up to a maximum of eight weeks;

 

(ii)      to extend the period of unpaid maternity, adoption or extended parental leave for a further continuous period of leave not exceeding 12 months;

 

(iii)     to return from a period of maternity, adoption or parental leave on a part time basis until the child reaches school age;

 

to assist the employee in reconciling work and parental responsibilities.

 

(b)      The employer shall consider the request having regard to the employee’s circumstances and, provided the request is genuinely based on the employee’s parental responsibilities, may only refuse the request on reasonable grounds related to the effect on the workplace or the employer’s business. Such grounds might include cost, lack of adequate replacement staff, loss of efficiency and the impact on customer service.

 

(c)       The employee’s request and the employer’s decision made under subclauses (a)(ii) and (iii) of this Part must be recorded in writing.

 

(d)      Where an employee wishes to make a request under subclause (a)(iii) of this Part:

 

(i)       the employee is to make an application for leave without pay to reduce their full time weekly hours of work;

 

(ii)      such application must be made as early as possible to enable the employer to make suitable staffing arrangements.  At least four weeks’ notice must be given

 

(iii)     salary and other conditions of employment are to be adjusted on a basis proportionate to the employee’s fulltime hours, that is for long service leave the period of service is to be converted to the fulltime equivalent and accredited accordingly.

 

E.        Communication During Leave

 

(a)       Where an employee is on maternity, adoption or parental leave and a definite decision has been made to introduce significant change at the workplace, the employer shall take reasonable steps to:

 

(i)       make information available in relation to any significant effect the change will have on the status or responsibility level of the position the employee held before commencing leave; and

 

(ii)      provide an opportunity for the employee to discuss any significant effect the change will have on the status or responsibility level of the position the employee held before commencing the leave.

 

(b)      The employee shall take reasonable steps to inform the employer about any significant matter that will affect the employee’s decision regarding the duration of the leave to be taken, whether the employee intends to request to return to work on a part time basis.

 

(c)       The employee shall also notify the employer of changes of address or other contact details which might affect the employer’s capacity to comply with subclause (a) of this Part.

 

24.  Study Leave

 

Employees shall be granted Study Leave on such terms and conditions prescribed in Section 6 of the NSW Health Policy Directive PD2023_006 Leave Matters for the NSW Health Service, as amended or replaced from time to time.

 

25.  Trade Union Leave

 

Employees shall be granted Trade Union Leave on such terms and conditions prescribed in Section 14 of the NSW Health Policy Directive PD2023_006 Leave Matters for the NSW Health Service, as amended or replaced from time to time.

 

26.  Long Service Leave

 

(a)       Employees, other than service as a Casual Employee, shall be granted long service leave on such terms and conditions as may be applicable from time to time to employees employed under the provisions of the Government Sector Employment Act 2013, as amended or replaced from time to time, and the regulations made thereunder. This includes the taking of long service leave on half pay.

 

(b)       Casual Employees (including any service as a Casual Employee) shall be granted long service leave on such terms and conditions as may be applicable from time to time under the provisions of the Long Service Leave Act 1955, as amended or replaced from time to time.

 

(c)       Where an employee has accrued a right to an allocated day of duty on pay prior to entering a period of long service leave such day shall be taken on the next working day immediately following the period of long service leave.

 

An employee returning to duty from long service leave shall be given the next allocated day off duty in sequence irrespective of whether sufficient credits have been accumulated or not.

 

27.  Sick Leave

 

(a)       Fulltime employees shall, subject to the production of a medical certificate or other evidence satisfactory to the Service (which may include a statutory declaration) be entitled to sick leave as follows:

 

(i)       For service prior to 1 July 1985, five (5) days sick leave during the first year of service and eight (8) days’ sick leave for the second and subsequent years of service, and

 

(ii)      For service from 1 July 1985, ten (10) days sick leave during each year of service, provided that any employee employed prior to 1 July 1985 shall not be entitled to accrue sick leave at the rate referred to in this paragraph until the employee’s first anniversary date on or after 1 July 1985.

 

(iii)     All sick leave referred to in this subclause shall be granted on full pay.

 

(iv)     Each day of sick leave shall be equal to the number of hours an employee works in a normal rostered shift. This subclause shall only apply to Control Centre Communications Assistants.

 

(b)       An employee shall notify the Service, where practicable, of his or her inability to attend for duty at least four (4) hours but, in any case no less than one (1) hour before the commencement time of duty and inform the Service as far as possible the estimated duration of same.

 

(c)       The payment for any absence on sick leave in accordance with this clause during the first three months of employment of an employee may be withheld by the Service until the employee completes such three months of employment at which time the payment shall be made.

 

(d)       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 the Service shall pay to an employee who has sick leave entitlement under this clause, the difference between the amount received as workers compensation, and full pay. If the Service pays such difference, the employee’s sick leave entitlement under this clause shall be proportionately reduced for each week during which such difference is paid.

 

(e)       If the full period of sick leave is not taken in any year, the whole or any untaken portion shall be cumulative from year to year.

 

(f)       Permanent part-time employees shall, subject to the provisions of this clause, be entitled to proportionate amount of sick leave.  The amount of sick leave to which a permanent part-time employee is entitled in any year shall bear the same ratio to sick leave prescribed during that year of service for full-time employees; as permanent part-time employee’s normal ordinary hours of work for a week during such year would be borne to full-time employee’s normal weekly hours of work.

 

(g)       Service before the date of this Award shall be counted for the purpose of assessing the annual sick leave entitlement but accumulated leave at the credit of the employee at the commencement of this Award will not be increased or reduced by the operation of this clause.

 

(h)       If an agreed holiday occurs during an employee’s absence on sick leave then such agreed holiday shall not be counted as sick leave.

 

28.  Climatic and Isolation Allowance

 

(a)       Subject to subclause (b) of this clause, employees attached to Ambulance Workplaces situated upon or to the West of a line drawn as herein specified, shall be paid the allowance specified in clause 41, Climatic and Isolation Allowance, of this Award in addition to the salary to which they are otherwise entitled.  The line shall be drawn as follows, viz:

 

Commencing at Tocumwal and thence to the following town in the order stated, namely - Lockhart, Narrandera, Leeton, Peak Hill, Gilgandra, Dunedoo, Coolah, Boggabri, Inverell and Bonshaw.

 

(b)       Employees attached to Ambulance Workplaces situated upon or to the West of a line drawn as herein specified shall be paid an allowance specified in clause 41, Climatic and Isolation Allowance, of this Award, in addition to the salary to which they are otherwise entitled. The line shall be drawn as follows, viz:

 

Commencing at a point on the right bank of the Murray River opposite Swan Hill (Victoria) and thence to the following town in the order stated, namely - Hay, Hillston, Nyngan, Walgett, Collarenebri and Mungindi.

 

(c)       The allowances prescribed by this clause are not cumulative.

 

(d)       Except for the computation of overtime the allowances prescribed by this clause shall be regarded as part of the salary for the purposes of this Award.

 

29.  Benefits Not to be Withdrawn

 

Except in so far as altered expressly or by necessary implication, nothing in this Award shall, in itself, be deemed or be construed to reduce the wages of any employee at the date of the commencement of this Award.

 

30.  Payment and Particulars of Wages

 

(a)       Wages shall be paid fortnightly by electronic transfer.

 

(b)       On each pay day, employees shall be furnished with a statement showing the gross amount of ordinary wages and overtime together with separate details of all deductions.

 

(c)       Overtime and penalty rates shall be paid within one week from the pay day succeeding the day or days on which such overtime or penalty rates were worked.

 

(d)       Employees shall have their salary paid into one account with a bank or other financial institution in New South Wales as nominated by the employee except where agreement as to another method of payment has been reached between the Union and the Service due to the isolation of a workplace. Salaries shall be deposited by the Service in sufficient time to ensure that wages are available for withdrawal no later than pay day provided that this requirement shall not apply where employees nominate accounts of non- bank financial institutions which lack the technological or other facilities to process salary deposits within twenty four (24) hours of the Service making their deposits with such financial institutions but in such cases the Service shall take all reasonable steps to ensure that the wages of such employees are available for withdrawal by no later than pay day.

 

(e)       Underpayment and overpayment of salaries - the following process will apply once the issue of underpayment or overpayment is substantiated.

 

(i)       Underpayment

 

(1)       If the amount underpaid is equal to or greater than one day’s gross base pay the underpayment will be rectified within three working days;

 

(2)       If the amount underpaid is less than one day’s gross base pay it will be rectified by no later than the next normal pay. However, if the employee can demonstrate that rectification in this manner would result in undue hardship, every effort will be made by the employer to rectify the underpayment within three working days.

 

(ii)      Overpayment

 

(1)       In all cases where overpayments have occurred, the employer shall as soon as possible advise the employee concerned of both the circumstances surrounding the overpayment and the amount involved. The employer will also advise the employee of the pay period from which the recovery of the overpayment is to commence.

 

(2)       One off overpayments will be recovered in the next normal pay, except that where the employee can demonstrate that undue hardship would result, the recover rate shall be at 10% of an employee’s gross fortnightly base pay.

 

(3)       Unless the employee agrees otherwise, the maximum rate at which cumulative overpayments can be recovered is an amount, calculated on a per fortnight basis, equivalent to 10% of the employee’s gross fortnightly base pay.

 

(4)       The recovery rate of 10% of an employee’s gross fortnightly base pay referred to in subclause (ii)(3) above may be reduced by agreement, where the employee can demonstrate that undue hardship would result.

 

(5)       Where an employee’s remaining period of service does not permit the full recovery of any overpayment to be achieved on the fortnightly basis prescribed in subclause (ii)(3) above, the employer shall have the right to deduct any balance of such overpayment from monies owing to the employee on the employee’s date of termination, resignation or retirement, as the case may be.

 

31.  Issues Resolution

 

(a)       The parties must:

 

(i)       use their best endeavours to co-operate in order to avoid grievances and disputes arising between the parties or between the Service and individual employees; and

 

(ii)      abide by the procedures set out in this clause to resolve any issue which might arise; and

 

(iii)     place emphasis on negotiating a settlement of any issue at the earliest possible stage in the process.

 

(b)       In this clause "issue" means any question, issue, grievance, dispute or difficulty which might arise between the parties about:

 

(i)       the interpretation, application or operation of this Award; or

 

(ii)      any allegation of discrimination in employment within the meaning of the Anti-Discrimination Act 1977 which is not covered by established policies and procedures applicable to the Service, regardless of whether the issue relates to an individual employee or to a group of employees.

 

(c)       Any issue, and in the case of a grievance or dispute any remedy sought, must be discussed in the first instance by the employee(s) (or the Union on behalf of the employee(s) if the employee(s) so request) and the immediate supervisor of the employee(s).

 

(d)       If the issue is not resolved within a reasonable time it must be referred by the employee(s) immediate supervisor to his or her supervisor (or his or her nominee) and may be referred by the employee(s) to the Union Organiser for the Service. Discussions at this level must take place and be concluded within two working days.

 

(e)       If the issue remains unresolved, it may be referred by any of the parties to more senior officials of the Union who must then confer with the Chief Executive Officer (and/or his or her nominee(s)) of the Service. The conclusions reached by those representatives must be reported to the parties within two working days of referral or such extended periods may be agreed.

 

(f)       If these procedures are exhausted without the issue being resolved, or if any of the time limits set out in those procedures are not met, either party may seek to have the matter mediated by an agreed third party, or the matter may be referred, in accordance with the provisions of the Industrial Relations Act 1996, to the Industrial Relations Commission for its assistance in resolving the issue.

 

(g)       The parties agree that during these procedures normal work will continue and there will be no stoppages of work, lockouts, or any other bans or limitations on the performance of work.

 

(h)       Throughout all the stages of these procedures adequate records must be kept of all discussions.

 

(i)       These procedures are to be facilitated by the earliest possible advice by one party to the other of any issue or problem which may give rise to a grievance or dispute.

 

32.  Union Subscriptions

 

The Service agrees, subject to prior written authorisation by the employee, to deduct Union Subscriptions from the pay of the authorising employee.

 

33.  Union Noticeboards

 

Each Workplace shall permit a notice board of reasonable dimensions to be erected in a prominent position upon which the Union representatives shall be permitted to post Union notices.

 

34.  Anti-Discrimination

 

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

 

(b)       It follows that in fulfilling their obligations under the issues resolution procedure prescribed by this Award the parties have obligations to take all reasonable steps to ensure that the operation of the provisions of this Award are not directly or indirectly discriminatory in their effects. It will be consistent with the fulfilment of these obligations, has a direct or in direct discriminatory effect.

 

(c)       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.

 

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

 

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

 

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

 

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

 

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

 

35.  Reasonable Hours

 

(i)       Subject to subclause (ii) an employer may require an employee to work reasonable overtime at overtime rates.

 

(ii)      An employee may refuse to work overtime in circumstances where the working of such overtime would result in the employee working hours which are unreasonable.

 

(iii)     For the purposes of subclause (ii) what is reasonable or otherwise will be determined having regard to:

 

(a)       any risk to employee health and safety.

 

(b)      The employee’s personal circumstances including any family and carer responsibilities.

 

(c)       The needs of the workplace or enterprise.

 

(d)      The notice (if any) given by the employer of the overtime and by the employee of his or her intention to refuse it; and

 

(e)       Any other relevant matter.

 

36.  Salary Sacrifice to Superannuation

 

(i)       Notwithstanding the salaries prescribed in clause 6, Wages, as varied from time to time, an employee may elect, subject to the agreement of the employee’s employer, to sacrifice a part or all of the salary payable under the salaries clause to additional employer superannuation contributions. Such election must be made prior to the commencement of the period of service to which the earnings relate. The amount sacrificed together with any salary packaging arrangements under clause 37, Salary Packaging, of this award may be made up to 100% of the salary payable under the salaries clause, or up to 100% of the currently applicable superannuable salary, whichever is the lesser.

 

In this clause, ‘superannuable salary’ means the employee’s salary as notified from time to time to the New South Wales public sector superannuation trustee corporations.

 

(ii)      Any pre-tax and post-tax payroll deductions must be taken into account prior to determining the amount of available salary to be packaged. Such payroll deductions may include but are not limited to superannuation payments, HECS payments, child support payments, judgement debtor/garnishee orders, union fees and private health fund membership fees.

 

(iii)     Where the employee has elected to sacrifice a part or all of the available payable salary to additional employer superannuation contributions:

 

(a)       The employee shall be provided with a copy of the signed agreement. The salary sacrifice agreement shall be terminated at any time at the employee’s election and shall cease upon termination of the employee’s services with the employer.

 

(b)      Subject to Australian taxation law, the amount of salary sacrificed will reduce the salary subject to appropriate PAYE taxation deductions by the amount sacrificed; and

 

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

 

(iv)     The employee may elect to have the specified amount of payable salary which is sacrificed to additional employer superannuation contributions:

 

(a)       paid into the superannuation scheme established under the First State Superannuation Act 1992 as optional employer contributions; or

 

(b)      subject to the employer’s agreement, paid into a private sector complying superannuation scheme as employer superannuation contributions.

 

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

 

(vi)     Where the employee is a member of a superannuation scheme established under:

 

(a)       the Police Regulation (Superannuation) Act 1906;

 

(b)      the Superannuation Act 1916;

 

(c)       the State Authorities Superannuation Act 1987;

 

(d)      the State Authorities Non-contributory Superannuation Act 1987; or

 

(e)       the First State Superannuation Act 1992.

 

The employee’s employer must ensure that the amount of any additional employer superannuation contributions specified in subclause (i) above is included in the employee’s superannuable salary which is notified to the New South Wales public sector superannuation trustee corporations.

 

(vii)    Where, prior to electing to sacrifice a part or all of their salary to superannuation, an employee had entered into an agreement with their employer to have superannuation contributions made to a superannuation fund other than a fund established under legislation listed in subclause (vi) above, the employer will continue to base contributions to that fund on the salary payable under clause 6, Wages, of the award to the same extent as applied before the employee sacrificed that amount of salary to superannuation. This clause applies even though the superannuation contributions made by the employer may be in excess of the superannuation guarantee requirements after the salary sacrifice is implemented.

 

37.  Salary Packaging

 

1.        By agreement with their employer, employees may elect to package part or all of their salary in accordance with this clause, to obtain a range of benefits as set out in the NSW Health Policy Directive PD2018_044 Salary Packaging, as amended or replaced from time to time. Such election must be made prior to the commencement of the period of service to which the earnings relate. Where an employee also elects to salary sacrifice to superannuation under this award, the combined amount of salary packaging/sacrificing may be up to 100% of salary.

 

Any salary packaging above the fringe benefit exemption cap will attract fringe benefits tax as described in paragraph 4 below.

 

2.        Where an employee elects to package an amount of salary:

 

(a)       Subject to Australian taxation law, the packaged amount of salary will reduce the salary subject to PAYE taxation deductions by that packaged amount.

 

(b)      Any allowance, penalty rate, overtime payment, payment for unused leave entitlements, weekly workers’ compensation, or other payment other than any payment for leave taken in service, to which an employee is entitled under this award or statute which is expressed to be determined by reference to an employee’s salary, shall be calculated by reference to the salary which would have applied to the employee under this award in the absence of any salary packaging or salary sacrificing made under this award.

 

(c)       ‘Salary’ for the purpose of this clause, for superannuation purposes, and for the calculation of award entitlements, shall mean the award salary as specified in clause 6, Wages, and which shall include ‘approved employment benefits’ which refer to fringe benefit savings, administration costs, and the value of packaged benefits.

 

3.        Any pre-tax and post-tax payroll deductions must be taken into account prior to determining the amount of available salary to be packaged. Such payroll deductions may include but are not limited to superannuation payments, HECS payments, child support payments, judgement debtor/garnishee orders, union fees, and private health fund membership fees.

 

4.        The salary packaging scheme utilises a fringe benefit taxation exemption status conferred on public hospitals and local health districts, which provides for a fringe benefit tax exemption cap of $17,000 per annum. The maximum amount of fringe benefits-free tax savings that can be achieved under the scheme is where the value of benefits when grossed-up, equal the fringe benefits exemption cap of $17,000. Where the grossed-up value exceeds the cap, the employer is liable to pay fringe benefits tax on the amount in excess of $17,000 but, will pass this cost on to the employee. The employer’s share of savings, the combined administration cost and the value of the package benefits, are deducted from pre-tax dollars.

 

5.        The parties agree that the application of the fringe benefits tax exemption status conferred on public hospitals and local health districts is subject to prevailing Australian taxation laws.

 

6.        If an employee wishes to withdraw from the salary packaging scheme, the employee may only do so in accordance with the required period of notice as set out in the NSW Health Policy Directive PD2018_044 Salary Packaging.

 

7.        Where an employee ceases to salary package, arrangements will be made to convert the agreed package amount to salary. Any costs associated with the conversion will be borne by the employee, and the employer shall not be liable to make up any salary lost as a consequence of the employee’s decision to convert to salary.

 

8.        Employees accepting the offer to salary package do so voluntarily. Employees are advised to seek independent financial advice and counselling to apprise them of the implications of salary packaging on their individual personal financial situations.

 

9.        The employer and the employee shall comply with the procedures set out in the NSW Health Policy Directive PD2018_044 Salary Packaging, as amended or replaced from time to time.

 

38.  No Extra Claims

 

Other than as provided for in the Industrial Relations Act 1996 and the Industrial Relations (Public Sector Conditions of Employment) Regulation 2014 (or its successor however described), there shall be no further claims/demands or proceedings instituted before the Industrial Relations Commission of New South Wales for extra or reduced wages, salaries, rates of pay, allowances or conditions of employment with respect to the employees covered by the Award that take effect prior to 30 June 2024 by a party to this Award.

 

39.  Area, Incidence and Duration

 

a.         This Award takes effect from 1 July 2023 and shall remain in force for a period of one year. The wage rates as outlined in Part B, clause 40, Classification Structure, will apply from the first full pay period on or after 1 July 2023.

 

b.        This Award replaces and rescinds the Ambulance Service of New South Wales Administrative and Clerical Employees (State) Award 2022 published 2 December 2022 (Vol. 393 I.G. 322) and all variations thereof.

 

c.         This Award shall apply to persons employed in classifications contained herein employed in the New South Wales Health Service under section 115(1) of the Health Services Act 1997, or their successors, assignees or transmittees.

 

PART B

 

40.  Classification Structure

 

Pay rates and allowances for the period from 1 July 2023 until the commencement of the increased rates as outlined below (that apply from the first full pay period on or after (ffppoa) 1 July 2023) shall be the equivalent rates and allowances contained in the Ambulance Service of New South Wales Administrative and Clerical Employees (State) Award 2022 as at 30 June 2023.

 

 

41.  Climatic and Isolation Allowance

 

Clause	Allowance Description	Frequency	First pay period on or after 1-Jul-2023 $
28(a)	Climatic and Isolation Allowance - Time and Half Zone	Weekly	5.65
28(b)	Climatic and Isolation Allowance - Double Zone	Weekly	11.30

 

 

 

N. CONSTANT, Chief Commissioner

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.