Health Employees' Conditions of Employment (State) Award 2023

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by NSW Ministry of Health.

 

(Case No. 212342 of 2023)

 

 

AWARD

 

PART A

 

1.  Arrangement

 

Clause No.        Subject Matter

 

1.         Arrangement

2.         Definitions

3.         Hours

3A.      Multiple Assignments

4.         Roster of Hours

5.         Climatic and Isolation Allowance

6.         Part-Time Work and Old Part-Time Employees and Casual Employees

7.         Board and Lodging

8.         Relieving Other Members of Staff

9.         Overtime and Recall to Work

10.      On Call

11.      Penalty Rates for Shift Work and Weekend Work

12.      Allowances and Special Working Conditions

13.      Excess Fares and Travelling Time

14.      Meals

15.      Public Holidays

16.      Annual Leave

17.      Long Service Leave

18.      Sick Leave

19.      Payment and Particulars of Salary

20.      Termination of Employment

21.      Accommodation and Amenities

22.      Inspection of Lockers of Employees

23.      Uniforms and Protective Clothing

24.      Promotions and Appointments

25.      New Classifications

26.      Dispute Resolution

27.      Anti-Discrimination

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

28A.   Family Violence Leave

29.      Union Representative

30.      Notice Board

31.      Blood Count

32.      Infectious Cleaning

33.      Labour Flexibility

34.      Teleworking

35.      Workforce Review

36.      Child Care

37.      Union Subscriptions

38.      Telephone Allowance

39.      Exemptions

40        Maternity, Adoption and Parental Leave

41.      Lactation Breaks

42.      Study Leave

43.      Trade Union Leave

49.      Area, Incidence and Duration

44.      Salary Sacrifice to Superannuation

45.      Salary Packaging

46.      Reasonable Hours

47.      Induction and Orientation

48.      No Extra Claims

49.      Area, Incidence and Duration

 

PART B - MONETARY RATES

 

Table 1 - Other Rates and Allowances

 

PART A

 

2.  Definitions

 

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

 

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

 

"Employer" means the Secretary of the Ministry of Health exercising employer functions on behalf of the Government of New South Wales.

 

"Health Institution" means an institution (other than a hospital) by or at which health services or health support services are provided as defined in the Dictionary of the Health Services Act 1997, as amended or varied from time to time.

 

"Hospital" means a public hospital as defined in section 15 of the Health Services Act 1997, as amended or varied from time to time.

 

"On Call' means a period an employee is required to make themselves available outside of a normal rostered shift.

 

"Public Health Organisation" means an organisation defined in section 7 of the Health Services Act 1997 as follows:

 

(a)       a local health district, or

 

(b)       a statutory health corporation, or

 

(c)       an affiliated health organisation in respect of its recognised establishments and recognised services, and for the purposes of this Award, also includes the Public Health System Support Division of the NSW Health Service.

 

"Secretary" means the Secretary, NSW Health.

 

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

 

"Union" means the Health Services Union NSW.

 

3.  Hours

 

(i)        This clause shall not apply to persons employed as Health Manager Level 5 and above.

 

(ii)      The ordinary hours of work for day workers and apprentices exclusive of meal times, shall be an average of 38 hours per week in each roster cycle to be worked Monday to Friday inclusive and to commence on such days at or after 6.00 a.m. and before 10.00 a.m. Provided that apprentices may commence work on such days before 6.00 a.m. as their trade requires.

 

Provided that the ordinary hours may be altered by mutual agreement between an employer, the Union and the majority of employees in the Department concerned. The Union's approval will not be unreasonably withheld. When such agreement is reached the ordinary hours thus agreed will not attract any penalty or overtime payment under this Award in addition to the ordinary rate of pay for salary or wages. Entitlements to allowances, including allowances set out under Part B, Monetary Rates, will not be affected.

 

No apprentice or Adult Apprentice shall be required to perform work which would prevent the apprentice from attending classes as required by the term of his or her apprenticeship.

 

(iii)     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.

 

(iv)     Notwithstanding the provisions of sub-clauses (ii) and (iii) of this clause, the ordinary hours of work for Radiographers and Radiation Therapists, exclusive of meal times, shall be an average of 35 hours per week in each roster cycle.

 

(v)       Each day worker shall be free from duty for not less than two full days in each week and at least one allocated day off in each four week period 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 and at least one allocated day off in each four week period. Where practicable such days off duty shall be consecutive. Provided that where there is agreement between the employer and an employee this provision may be altered so that the employee has an average of two full days per week and at least one allocated day off in each four week period free from duty in each roster cycle.

 

NOTATION The employer has agreed to advise hospitals that by administrative action such days off duty shall not be preceded by an afternoon or night shift unless an additional 8 hours are granted as sleeping time. An afternoon shift shall be one which commences at or after 1 pm and before 4 pm.

 

(vi)     In each roster cycle of 28 days each fulltime employee shall work their ordinary hours of work on not more than nineteen days in the cycle. This principle is to be followed when formulating alternate roster cycles, examples of which are as follows:

 

(a)       In each roster cycle of 21 days each employee shall work their ordinary hours of work on not more than 14 days in the cycle; or

 

(b)       In each roster cycle of 14 days each employee shall work their ordinary hours of work on not more than nine days in the cycle.

 

(vii)    The employee's allocated day off duty shall be determined by mutual agreement between the employee and the employer having regard to the needs of the employer. Where practicable such allocated day off duty shall be consecutive with the days off duty prescribed by sub-clause (v) of this clause.

 

(viii)   Once set the allocated day off duty may not be changed in a current cycle unless there are genuine unforeseen circumstances prevailing or there is mutual agreement. Where such circumstances exist and the allocated day off is changed, another day shall be substituted in the current cycle. Should this not be practicable and agreement is not reached in accordance with sub-clause (ix) below, the day must be given and taken in the next cycle immediately following.

 

(ix)     Where there is agreement between an employer and an employee, an employee's allocated day off duty prescribed by sub-clause (v) 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.

 

(x)       Where an employee's allocated day off duty falls due during a period of workers' compensation, the employee, on returning to full-time duty, shall be given the next allocated day off in sequence.

 

(xi)     Where an employee's allocated day off duty falls on a public holiday as prescribed by clause 15, Public Holidays, the next working day or another mutually agreed working day shall be taken in lieu thereof.

 

(xii)    Except for one meal break each day all time worked between the normal starting and ceasing time each day shall be at ordinary rates of pay. This provision shall not apply to such positions being worked as broken shifts on 5th September 1963.

 

(xiii)   A period of twenty minutes shall be allowed to employees for morning or afternoon tea and such period shall be included in the ordinary hours of work save and except for employees who are:

 

(a)       employed under the NSW Health Service Allied Health Assistants (State) Award 2021, as varied or replaced from time to time; or

 

(b)       engaged for less than a whole shift on any one day,

 

these employees shall be allowed a period of ten minutes only for either a morning or afternoon tea break.  This break will be included in the ordinary hours of work.

 

Approval may be given by the employer in special and exceptional circumstances when it is not possible for an employee to have a 20-minute break to take two ten-minute breaks at a time convenient to the employee's circumstances.

 

(xiv)   There shall be a minimum break of eight hours between ordinary rostered shifts.

 

(xv)    Any time occupied by an apprentice or adult apprentice during working hours, in attendance at a TAFE college or carrying out a correspondence course, as required by the terms of an apprenticeship as established under Division 2 of Part 2 of the Apprenticeship and Traineeship Act 2001 (including time actually spent in travelling to and from a technical college) shall: -

 

(a)       be counted as and included as part of their term apprenticeship; and

 

(b)       shall be deemed to be time worked for the purpose of calculating wages to be paid to them under this Award.

 

3A.  Multiple Assignments

 

(This clause has had application since 13 August 2018)

 

(i)        Multiple assignments under this Award exist when:

 

a.         An employee has more than one position under this Award within the New South Wales Health Service, and

 

b.         The same conditions of employment within the Award apply to the positions. 

 

Each of these positions is referred to in this clause as "assignments". 

 

(ii)      Where an employee has multiple assignments with different ordinary rates of pay, the employee shall be paid in relation to the ordinary hours worked in each separate assignment at the ordinary rate of pay applicable to that assignment.

 

(iii)     This clause does not apply to employees who have multiple casual assignments only. The Award provisions are to apply separately to each casual assignment.

 

Multiple Assignments Within a Single Organisation in the Public Health System

 

(iv)     The following provisions apply to employees with two or more assignments within a single Organisation in the Public Health System:

 

(a)       The work performed in each of an employee’s assignments shall be aggregated for the purposes of determining all of the employee’s entitlements under this Award.

 

Hours, Additional Days Off, and Overtime

 

(b)       The combined total number of ordinary hours worked under an employee’s multiple assignments shall not exceed the hours of work as set out in clause 3, Hours. 

 

(c)       Where the combined total number of ordinary hours worked under an employee’s multiple assignments is equivalent to those set out for the ordinary hours of work for day workers (i.e. full time) in clause 3, Hours, they will be considered as a full time employee for the purposes of the Award and:

 

1.         that employee is entitled to allocated days off in accordance with clause 3, Hours, and

 

2.         clause 9, Overtime and Recall to Work, shall apply for the purposes of overtime.

 

(d)       Where the combined total number of ordinary hours worked under an employee’s multiple assignments is less than those set out in subclause (c) of this clause they will be treated in accordance with Part 1 of clause 6, Part-Time Work, Old Part Time Employees and Casual Employees.

 

1.         All ordinary hours and additional hours paid at ordinary rates in each assignment shall be aggregated and treated as if they were worked under a single assignment, in accordance with Part 1 of clause 6, Part-Time Work, Old Part Time Employees and Casual Employees, and

 

2.         Overtime as prescribed in Part 1 of clause 6, Part-Time Work, Old Part Time Employees and Casual Employees.

 

Any existing multiple assignments as at 13 August 2018 that exceed 32 hours per week but are less than 38 hours per week shall be allowed to continue under the existing arrangements. All future multiple assignments will comply with the hours provisions.

 

(e)       The rostering of additional days off will be co-ordinated between the employee’s line managers to ensure that the additional days off are proportionately rostered across the employee’s assignments. Where an employee has multiple assignments with different ordinary rates of pay, the additional day off will be paid at the rate of pay relevant to the assignment in which it is rostered.

 

(f)        Where an employee has multiple assignments with different ordinary rates of pay, the rate of pay used to determine the additional hours or overtime payable shall be the rate applicable to the assignment which generated the additional hours or overtime.

 

(g)       Where overtime is compensated by way of time off in lieu as set out in subclause (xv) of clause 9, Overtime and Recall to Work, that time off in lieu must be taken in the assignment which generated the overtime.

 

(h)       Employees who are in full time or part time assignments cannot be engaged on a second or further assignment as a casual employee under the Award. Any additional hours worked by such employees are to be remunerated in accordance with paragraphs (c) or (d) of this subclause.

 

Public Holidays - Rostered Day Off

 

(i)        Each assignment will stand alone when calculating payment for a public holiday that falls on a rostered day off under clause 15, Public Holidays, subclause (c). The annual election for the payment arrangements required under subclause 15(d) will be the same for each of the employee’s multiple assignments.

 

Temporary Employees

 

(j)        Where an employee has an assignment which attracts a 10% loading in accordance with clause 3.2 of the Health Industry Status of Employment (State) Award 2021, as varied or replaced from time to time, the 10% loading shall only apply to hours worked in that assignment. While ever this loading is paid, the provisions of paragraphs (p), (q) and (r) of this subclause shall not apply to the temporary assignment.

 

Employees Engaged as Old & Part Time as at 20 September 1994

 

(k)       Where an employee:

 

1.         has elected to receive the benefits set out in Part 2 of clause, 6 Part-Time Work, Old Part Time Employees and Casual Employees, in relation to an assignment, and

 

2.         after the date this clause was operative in this Award the employee commences in a second or further permanent part time assignment (as set out in Part 1 of clause 6, Part-Time Work, Old Part Time Employees and Casual Employees, and their combined total number of ordinary hours worked in all assignments is less than those set out in paragraph (c) of this subclause;

 

Part 2 of clause 6, Part-Time Work, Old Part Time Employees and Casual Employees, shall cease to apply and the employee will be a Permanent Part-Time Employee for the purposes of the Award.

 

(l)        Where an employee:

 

1.         has elected to receive the benefits set out in Part 2 of clause 6, Part-Time Work, Old Part Time Employees and Casual Employees, in relation to an assignment, and

 

2.         their combined total number of ordinary hours worked in all assignments is equal to or more than those set out in paragraph (c) of this subclause,

 

Part 2 of clause 6, Part-Time Work, Old Part Time Employees and Casual Employees, shall not apply to any of their assignments.

 

Incremental Progression

 

(m)      Where an employee has multiple assignments in the same classification and pay rate, the employee will progress from one increment (year step) to the next increment after the employee has completed the full time equivalent of one year in the increment having regard to the work performed in all assignments.  Further, an employee must complete a minimum of one calendar year in an increment before progressing to the next increment.

 

(n)       Where an employee has multiple assignments in the same classification, but different grades and/or pay rates, the employee’s service in the higher grade will count for the purposes of incremental progression in the lower grade.  However, service in the lower grade shall not count for the purposes of incremental progression in the higher grade.

 

(o)       Where an employee has multiple assignments in different classifications, the employee’s service in each assignment will not count for the purpose of incremental progression in the other assignment.

 

Leave

 

(p)       All ordinary hours worked by an employee in multiple assignments shall count towards determining the employee’s leave entitlements.

 

(q)       Employees with multiple assignments shall be entitled to take all forms of leave in any of their assignments. That is, leave accrued by an employee through work performed in one assignment, can be taken by that employee in their other assignment/s.

 

(r)        Where an employee has multiple assignments with different ordinary rates of pay, the employee shall be paid for leave taken at the rate of pay relevant to the assignment in which the leave was taken or rostered.

 

(s)       An employee’s combined total number of ordinary hours worked in their multiple assignments will be used to calculate additional annual leave in accordance with paragraph (i)(b) of clause 16, Annual Leave. 

 

(t)        Service in all assignments will be recognised for the purposes of entitlements under clause 40, Maternity, Adoption and Parental Leave.

 

(u)       Where an employee’s assignment is terminated but the employee remains employed under another full time or part time assignment, all leave credits will be transferred to the remaining assignments. The employee shall not be paid out the monetary value of the annual leave or long service leave accrued in the terminated assignment.

 

Disclosures, Notifications and Approvals

 

(v)       Employees must, at the time they apply for any second or further assignment, disclose in writing that they are already employed by NSW Health and provide details of that assignment including:

 

1.         the position/s currently held

 

2.         the facility in which the existing position/s are worked

 

3.         the classification/s under which they are engaged in each position

 

4.         the number of ordinary hours worked in each position

 

5.         any regular additional hours or overtime that is worked in each position

 

6.         whether the position/s is worked according to a set roster and if so, the details of that roster arrangement; and

 

(w)      Prior to accepting an offer for a second or further assignment, employees must provide to their current manager details of that proposed assignment including:

 

1.         the position they have applied for

 

2.         the facility in which the proposed new assignment is to be worked

 

3.         the classification under which they would be engaged in the new assignment

 

4.         the number of ordinary hours to be worked in the proposed assignment

 

5.         whether the position is to be worked according to a set roster and if so, the details of that roster arrangement.

 

(x)       A Public Health Organisation may elect on reasonable grounds to withhold the approval of a second or further assignment to employees who are already employed in another assignment.

 

(y)       Before accepting any change in roster or undertaking additional hours or overtime that will impact on another assignment, employees who hold multiple assignments must notify their current manager of the details of their next shift in either assignment.  Managers must not change rosters or require employees to work additional hours or overtime where these will impact on the employee’s roster in the other assignment (for example by generating overtime) without first consulting the manager of the other assignment/s. (By way of example, if an employee is requested by Manager 1 in Assignment 1 to undertake additional hours in Assignment 1 that may impact on the roster in Assignment 2, the employee must notify Manager 1 of the impact.  Manager 1 must not change rosters/hours that impact on Assignment 2 without first consulting Manager 2.)

 

Multiple Assignments Across Different Organisation in the Public Health System

 

(v)       Multiple Assignments, that meet the criteria in subclause (i) of this clause and they are worked in different Organisations in the Public Health System, will be regarded as entirely separate for all purposes under the Award, including the accrual and taking of leave. The only exceptions are:

 

(a)       At the time an employee commences an assignment in another Organisation in the Public Health System the employee’s accrued leave will be apportioned across their assignments (for example, a 0.6 full time equivalent employee who commences another 0.4 full time equivalent assignment in another Organisation in the Public Health System will have 60% of their leave accruals allocated to the former assignment and 40% to the latter assignment) unless prior to commencing the new assignment the employee elects that this apportioning does not occur.  After this apportioning, leave accrues separately in each assignment, based on the hours worked in each assignment.  The employer will notify the employee of their right to make this election prior to the apportioning taking place.

 

(b)       Employees who have multiple assignments across different Organisations in the Public Health System at the time this clause became operative in this award may elect to apportion their accrued leave across their assignments.

 

(c)       Service in all assignments will be aggregated for the purposes of calculating entitlements under clause 17, Long Service Leave.

 

(d)       Service in all assignments will be recognised for the purposes of entitlements under clause 40, Maternity, Adoption and Parental Leave.

 

(e)       Service in all assignments will be recognised for the purposes of entitlements of Family and Community Services Leave and Personal/Carer's Leave as provided in clause 28.

 

(f)        Service in all assignments will be recognised for the purposes of entitlements of Family Violence Leave as provided in clause 28A.

 

(g)       Where an employee terminates an assignment, any leave credits that are held against that assignment will be transferred to the remaining assignment/s.

 

(h)       If prior to the introduction of this clause and/or the StaffLink payroll system an employee received additional days off and/or overtime in accordance with subclause (ii) of clause 9, Overtime and Recall tow Work, that employee shall continue to receive those benefits until one of the assignments is terminated.

 

(i)        Where an employee has three or more assignments, one or more of which are in different Organisations in the Public Health System, subclause (iv) of this clause shall apply to those assignments which are within a single Public Health Organisation.

 

Changes to the composition of Organisations in the Public Health System

 

(vi)     The employer and the Association agree to review this clause in the event that the boundaries of any Organisation in the Public Health System change.

 

(vii)    Where any change to the boundaries of any Organisation in the Public Health System causes an employee’s multiple assignments to which subclause (iv) of this clause previously applied to then be subject to subclause (v) of this clause, subclause (iv) of this clause shall continue to apply (to the exclusion of subclause (v) of this clause) to those assignments until one of them is terminated.

 

4.  Roster of Hours

 

(i)        This clause shall not apply to persons employed under the Health Managers (State) Award 2021, as varied or replaced from time to time.

 

(ii)      The ordinary hours of work for each employee shall be displayed on a roster in a place conveniently accessible to employees and/or provided electronically where all employees on the roster have access to and capability to use Information Technology. Unless not reasonably practicable, the roster shall be displayed two weeks prior to the commencing date of the first working period in any roster.

 

Provided that this provision shall not make it obligatory for the employer to display any roster of ordinary hours of work of members of the relieving staff.

 

Provided further, that a roster may be altered at any time to enable the service of the hospital or health institution to be carried on where another employee is absent from duty on account of illness or in an emergency, but where any such alteration involves an employee working on a day which would have been their day off such time worked shall be paid for at overtime rates. Furthermore, where a change in roster occurs with less than 24 hours’ notice to the employee affected, all time worked outside that shown on the employee's roster (prior to the alteration) shall be paid for at overtime rates.

 

(iii)     Rosters providing for shift work shall not be introduced into any hospital or health institution or section thereof until such time as the proposals are discussed with the Union by the employer.

 

(iv)     Extension of rosters beyond 28 calendar days may be introduced subject to such proposals being agreed between the Union and the employer. Neither party shall unreasonably withhold its approval.

 

(v)       Where an employee is entitled to an allocated day off duty in accordance with clause 3, Hours, that allocated day off duty is to be shown on the roster of hours for each employee.

 

5.  Climatic and Isolation Allowance

 

(i)        Persons employed in hospitals or health institutions in places situated upon or to the west of a line drawn as follows: - viz; commencing at Tocumwal and thence to the following towns in the order stated - Lockhart, Narrandera, Leeton, Peak Hill, Gilgandra, Dunedoo, Coolah, Boggabri, Inverell and Bonshaw.

 

Shall be paid an allowance as outlined in Items 1 of Table 1 - Other Rates and Allowances, of Part B, Monetary Rates

 

(ii)      Persons employed in hospitals or health institutions in places situated upon or to the west of a line drawn as follows: viz; commencing at a point on the right bank of the Murray River opposite Swan Hill (Vic.) and thence to the following towns, in the order stated - Hay, Hillston, Nyngan, Walgett, Collarenebri and Mungindi.

 

Shall be paid an allowance as outlined in Item 2 of Table 1 - Other Rates and Allowances of Part B, Monetary Rates,

 

Provided that an employee shall only be entitled to either Item (i) of (ii) above (but not both).

 

(iii)     The allowances paid shall be as set out in Items 1 and 2 of Table 1 - Other Rates and Allowances of Part B, Monetary Rates.

 

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

 

(v)       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.

 

(vi)     A part-time employee shall be entitled to the allowance prescribed by this clause in the same proportion as the average hours worked each week bear to 38 ordinary hours.

 

6.  Part-Time Work, Old Part-Time Employees and Casual Employees

 

Part 1 - Part-Time Employees (Other than Old Part Time Employees)

 

(i)        A part-time employee is one who is appointed by the employer to work a specified number of hours each roster cycle which are less than those prescribed for a full-time employee.

 

(ii)      A permanent part-time employee shall be paid an hourly rate calculated on the basis of one thirty eighth of the normal weekly rate available for full-time employees of the same classification (Radiographers and Radiation Therapists will be calculated on the basis of one thirty fifth).

 

(iii)     Persons employed on a part-time work basis may be employed for not less than two or more than 32 hours in any full week of seven days, such week to be coincidental with the pay period, provided that nothing prevents an employee requesting and subsequently entering into a part time work agreement for the employee to work more than 32 and less than 38 hours per week.

 

(iv)     An employee engaged in part time work is not entitled to an allocated day off. The specified number of hours may be balanced over a roster cycle, provided that the average weekly hours worked shall be deemed to be the specified number of hours for the purposes of accrual of leave provided for by this Award. Provided further that there shall be no interruption to the continuity of employment merely by reason of an employee working on a "week-on", "week-off" basis in accordance with this subclause.

 

(iv)     Employees engaged under this clause shall be entitled to all other benefits of the Award not otherwise expressly provided for herein in the same proportion as their ordinary hours of work bear to full-time hours.

 

(v)       All time worked in excess of the total rostered daily ordinary hours of work prescribed for the majority of full-time employees employed on that shift in the ward or section concerned shall be paid for at the rate of time and one half for the first two hours and double time thereafter except that on Sundays such overtime shall be paid for at the rate of double time.

 

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

 

Part 2 - Old Part-Time Employees

 

(i)        Employees shall only be engaged as Old Part Time Employee if they were engaged under the provisions contained in this subclause as at 20 September 1994, and who continue to be engaged on such basis.

 

(ii)      Old Part Time Employees may be employed for not less than eight or more than 30 hours in any full week of seven days, such week to be coincidental with the pay period , and shall be paid for the actual number of hours worked each week an hourly rate calculated on the basis of one thirty-eighth of the appropriate rate prescribed plus 15 per cent thereof (in the case of Radiographers and Radiation Therapists the calculation would be one thirty-fifth of the appropriate rate plus 15 per centum thereof).

 

(iii)     In an emergency Old Part Time Employees may be allowed to work more than 30 hours in one week and in such case will be paid for the hours actually worked at a rate calculated in accordance with sub-clause (ii) of this part.

 

(iv)     With respect to employees employed as part-time workers the provisions of subclauses (vi) to (xi) of clause 3, Hours, shall not apply.

 

(v)       All time worked by Old Part-Time Employees in excess of the total rostered daily ordinary hours of work prescribed for the majority of full-time employees employed on that shift in the ward or section concerned shall be paid for at the rate of time and one half for the first two hours and double time thereafter except that on Sundays such overtime shall be paid for at the rate of double time.

 

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

 

(vii)    With respect to employees engaged as Old Part Time Workers the provisions of clause 9, Overtime shall not apply, except where provided in sub-clauses (v) and (vi) of this part.

 

(viii)   Temporary employees called to work on an ad hoc basis in base grade positions shall at the completion of 12 months’ continuous service, be given priority one for appointment to permanent part-time or permanent full-time positions with the Public Health Organisation. For the purpose of this subclause continuous service shall be where an employee has worked a minimum of one shift per week.

 

Part 3 - Casual Employees

 

A.        General Provisions

 

(i)        A Casual employee is an employee engaged as defined by the Health Industry Status of Employment (State) Award as a casual employee.

 

(ii)       A casual employee will be engaged and paid for the number of hours worked each week at the hourly rate as a full-time employee in the same classification, plus 10 per cent, with a minimum payment of two hours at ordinary pay at the commencement of each shift.

 

(iii)     With respect to a casual employee, the following provisions shall not apply:

 

Clause 3(ii) and (xv) with respect to apprentices, and subclauses (vi) to (xi)

 

Clause 3A, Multiple Assignments

 

Clause 4, Roster of Hours

 

Clause 7, Board and Lodging

 

Clause 8, Relieving Other Members of Staff

 

Clause 9, Overtime and Recall to Work

 

Clause 10, On Call

 

Clause 11, Penalty Rates for Shift Work and Weekend Work

 

Clause 13, Excess Fares and Travelling

 

Clause 15, Public Holidays

 

Clause 16, Annual Leave

 

Clause 17, Long Service Leave - except as provided under paragraph 17(ix)(a)

 

Clause 18, Sick Leave

 

Clause 20, Termination of Employment

 

Clause 28, Family and Community Services Leave and Personal/Carer’s Leave - except as provided under Part C of Clause 28.

 

Clause 28A, Family Violence Leave - except as provided under subclauses (xi) to (xiii)

 

Clause 34, Teleworking

 

Clause 35, Workforce Review

 

Clause 37, Union Subscriptions

 

Clause 38, Telephone Allowance

 

Clause 40, Maternity, Adoption and Parental Leave,

 

Clause 42, Study Leave,

 

Clause 43, Trade Union Leave,

 

Clause 44, Salary Sacrifice to Superannuation

 

Clause 45, Salary Packaging

 

Clause 46, Reasonable Hours

 

(iv)     The following penalty rates apply to casual Employees working such shifts:

 

(a)       10% for afternoon shift commencing at 10.00am and before 1.00pm

 

12.5% for afternoon shift commencing at 1.00pm and before 4.00pm

 

15% for night shift commencing at 4.00pm and before 4.00am

 

10% for night shift commencing at 4.00am and before 6.00am

 

(b)       Weekend work and public holidays:

 

50% for work performed between midnight on Friday and midnight on Saturday

 

75% for work performed between midnight on Saturday and midnight on Sunday

 

150% for work performed on public holidays

 

(v)       The shift penalties prescribed in subclause (v)(a) shall be additional to, but not cumulative on the rates prescribed in subclause (ii).

 

(vi)     The shift penalties outlined in subclause (v)(b) are in substitution for and not cumulative on the shift premiums prescribed in subclause (ii).

 

(vii)    A casual employee is eligible to claim appropriate allowances (per day/shift/pro rata) prescribed under clause 12, Allowances and Special Working Conditions and clause 32, Infectious Cleaning.

 

Annual Leave

 

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

 

Long Service Leave

 

(ix)     For entitlement in respect of long service leave, see Long Service Leave Act 1955.

 

Bereavement Entitlements

 

(x)       For Bereavement entitlements for casual employees see subclause (i) of Part C of clause 28, Family and Community Services Leave and Personal/Carer’s Leave

 

Personal Carer’s entitlement

 

(xi)     For Personal carer’s entitlement for casual employees see subclause (ii) of Part C of clause 28, Family and Community Services Leave and Personal / Carer’s Leave.

 

Family Violence entitlement

 

(xii)    For Family violence entitlement for casual employees see subclauses (xi), (xii) and (xiii) of clause 28A, Family Violence Leave

 

7.  Board and Lodging

 

(i)        Deductions from the salary/rates prescribed in the Awards to which these conditions apply are authorised as follows where board and/or lodgings are supplied:

 

(a)       For board - as set out in Item 3 of Table 1 - Other Rates and Allowances, of Part B, Monetary Rates, for breakfast and for each other meal; provided that the maximum sum that may be deducted in any one week in the case of an employee entitled to full board shall be as set out in the said Item 3.

 

(b)       For lodging - as set out in Item 4 of the said Table 1 where the employee is provided with a separate bedroom and as set in the said Item 4 where the employee is required to share a bedroom.

 

(ii)      No deduction shall be made from the wages of an employee for board or lodging when the employee is absent on annual, sick or long service leave.

 

8.  Relieving Other Members of Staff

 

(i)        Subject to the provisions of subclause (ii) 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 whole of the duties and assumes the whole of 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.

 

(ii)      Where the position being relieved is covered by the Health Managers (State) Award 2021, as varied or replaced from time to time, payment should be made on the following basis:

 

If an employee is directed to relieve for a period of five consecutive working days or more, on any one occasion, an employee who is in a higher manager level, the employer must pay the relieving employee, for the period of relief, not less than the minimum of the salary band for the senior employee's level, provided that:

 

(a)       If, in the employer's opinion, the relieving employee merits a higher salary, the employer may pay the relieving employee more than the minimum of the salary band for the senior employee's level; or

 

(b)       If the relieving employee's normal salary is equal to or more than the minimum of the salary band for the senior employee's level, the employer must pay the relieving employee a rate which is not less than the midpoint between the relieving employee's normal salary and the senior employee's normal salary.

 

(c)       Where the relieving person is in the same salary band, he/she shall be paid not less than the midpoint between the salary of the relieving officer and the salary of the person relieved.

 

(d)       Where the relieving manager performs less than the full range of duties of the senior manager, the relieving person shall receive an increase in salary, that increase to be negotiated between the employee and employer.

 

9.  Overtime and Recall to Work

 

(i)        This clause shall not apply to persons engaged as Health Manager Level 5 and above.

 

(ii)      Employees are expected to work reasonable overtime.

 

(iii)     All time worked by employees outside the ordinary hours in accordance with clause 3, Hours, and clause 4, Roster of Hours, shall be paid at the rate of time and one half up to 2 hours each day and thereafter at the rate of double time; provided, however, that all overtime worked on 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.

 

(iv)     Subject to subclauses (v) - (ix) below, employees who are recalled for duty, whether notified before or after leaving the employer’s premises, shall be paid for all time worked at the appropriate overtime rate, with a minimum of four hours at such rates.

 

(v)       Employees may be required to perform other work that arises during the recall period. Employees shall not be required to work the full four hour minimum payment period if they complete the work they were recalled to perform and any additional work they are required to undertake, within a shorter period.

 

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

 

(vii)    Employees who are not formally released and who are recalled again during the four hour minimum payment period are not entitled to any additional payment until the expiration of the four hour period.

 

(viii)   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 four hour minimum payment period, shall be entitled to another four hour minimum payment.

 

(ix)     Employees required to work overtime after leaving the employer’s premises to provide a technology support resolution or clinical appraisal 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.

 

(x)       An employee recalled to work overtime as prescribed by subclause (iv), of this clause shall be paid all fares and expenses reasonably incurred in travelling to and from their place of work.

 

Provided further that where an employee elects to use their own mode of transport, they shall be paid an allowance equivalent to the Transport Allowance as provided by Determination made under the Health Services Act 1997, as varied or replaced from time to time.

 

(xi)     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.

 

(xii)    An employee who works so much overtime:

 

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

 

(b)       on a Saturday, a Sunday and a holiday, not being ordinary working days, or on a rostered day off without having had eight consecutive hours off duty in the twenty-four hours preceding their ordinary commencing time on their next day or shift.

 

Shall, subject to this subclause, be released after completion of such overtime until they have had eight consecutive hours off duty without loss of pay for ordinary working time occurring during such absence. If on the instruction of their employer such an employee resumes or continues to work without having had such eight consecutive hours off duty they shall be paid double time until they are released from duty for such period and they then shall be entitled to be absent until they have had eight consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

 

(xiii)   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.

 

(xiv)   When an employee works overtime as an extension of shift and ceases work at a time when reasonable means of transport home are not available, they shall be paid at ordinary time for the time reasonably spent travelling from the hospital or health institution to the employee's home with a maximum payment of one hour.

 

This subclause shall not apply in the case of recall or where the employee has their own vehicle available for conveyance home.

 

(xv)    Employees, other than those employees not entitled to overtime as outlined in subclause (i) of this clause, who work approved overtime outside normal rostered ordinary hours may be compensated by way of time off in lieu of overtime subject to the following provisos:

 

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

 

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

 

(c)       The accrual and taking of time in lieu of overtime will be conditional on mutual agreement of the employee and the respective manager.

 

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

 

(e)       The parties recognise that the option of time off in lieu of overtime will not be possible in all settings and circumstances. Where it is not possible, overtime payment provisions will apply.

 

(f)        The parties agree to work together to establish strategies, policies and procedures to maximise the use of time in lieu and opportunity for time in lieu to be taken within the specified three-month period.

 

(xvi)   Use of make-up time

 

(a)       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 clause 3 of this Award, at the ordinary rate of pay.

 

(b)       An employee on shift work may elect, with the consent of the employer, to work "make-up time" (under which the employee takes time off 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.

 

10.  On Call

 

(i)        The payment of an allowance under the provisions of this clause shall not apply to persons engaged as Health Manager Level 5 and above.

 

(ii)      The employer shall advise all employees and the Union of any proposal to introduce an on call roster, including the proposed details of the roster.

 

(iii)     An employee required by their employer to be on call, otherwise than as provided in subclause (iv) of this clause, shall be paid the allowance set out in Item 5 of Table 1 - Other Rates and Allowances, of Part B, Monetary Rates, for each period of 24 hours or part thereof, provided that only one allowance shall be payable in any period of 24 hours.

 

(iv)     An employee required to be on call on rostered days off shall be paid the allowance set out in Item 6 of the said Table 1 for each period of 24 hours or part thereof, provided that only one allowance shall be payable in any period of 24 hours.

 

(v)       On-call rostering arrangements shall be determined in consultation with affected employees and having regard to the availability and training of employees placed on the on-call roster. Such arrangements should also have regard to particular local geographical concerns and travelling distances involved.

 

(vi)     Wherever possible the employer shall supply a mobile telephone and or pager to an employee rostered on call.

 

(vii)    Where provided with a mobile telephone or pager a rostered employee must remain near the mobile telephone, which must remain switched on unless a pager has been provided. Alternatively, an employee not provided with a mobile telephone or pager must remain available via their home telephone. A rostered employee shall be available to answer calls personally and must not utilise an answering machine.

 

(viii)   An employee rostered on call must contact the hospital or health institution immediately it becomes known that the employee shall be unavailable for rostered duty.

 

(ix)     The employee must be able to respond appropriately within a reasonable time frame as determined by the employer.

 

(x)       Where appropriate an employee rostered on call may be provided with a motor vehicle.

 

(xi)     The employer shall ensure that all employees who participate in the after hours service are provided with any training necessary to respond effectively to calls received.

 

11.  Penalty Rates for Shift Work and Week-End Work

 

(i)        The provisions of this clause shall not apply to persons employed under the Health Managers (State) Award 2021, as varied or replaced from time to time.

 

(ii)      Shift workers working afternoon or night shift shall be paid the following percentages in addition to the ordinary rate for such shift, provided however, the laundry staff working afternoon or night shift, shall be paid 20 per cent in addition to the rates prescribed for employees of the corresponding classifications working day shift; provided employees undertaking part time work and Old Part Time Employees who work less than 38 hours per week shall only be entitled to the additional rates where their shifts commence prior to 6.00 a.m. or finish subsequent to 6.00 p.m.

 

Afternoon shift commencing at 10.00 a.m. and before 1.00 p.m. - 10 per cent

 

Afternoon shift commencing at 1.00 p.m. and before 4.00 p.m. - 12.5 per cent

 

Night shift commencing at 4.00 p.m. and before 4.00 a.m. - 15 per cent

 

Night shift commencing at 4.00 a.m. and before 6.00 a.m. - 10 per cent

 

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

 

"Day shift" means a shift which commences at or after 6.00 a.m. and before 10.00 a.m.

 

"Afternoon shift" means a shift which commences at or after 10.00 a.m. and before 4.00 p.m.

 

"Night shift" means a shift which commences at or after 4.00 p.m. and before 6.00 a.m. on the day following.

 

(iv)     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 the preceding subclause (ii), of this clause.

 

The foregoing paragraph of this subclause shall apply to part-time workers but such workers shall not be entitled to be paid, in addition, the allowance of 15 per cent prescribed in subclause (i) of Part 2 of clause 6, Part Time Work, Old Part Time Employees and Casual Employees, in respect of their employment between midnight on Friday and midnight on Sunday.

 

(v)       Employees working a broken shift shall be paid an additional amount as set out in item 7 of Table 1-Other Rates and Allowances, of Part B, Monetary Rates, for each broken shift and the period of time between the commencement and termination of such shift shall not exceed 12 hours.

 

12.  Allowances and Special Working Conditions

 

(i)        The provisions of this clause shall not apply to persons engaged under the Health Managers (State) Award 2023.

 

(ii)      Post-Mortem Allowance: An employee other than a post-mortem assistant or Forensic Technician or Senior Forensic Technician: -

 

(a)       Who is required to assist in post mortems shall be paid, in addition to their ordinary salary, an allowance as set out in Item 8 of Table 1 - Other Rates and Allowances, of Part B, Monetary Rates, for each post-mortem.

 

(b)       When employees, including post-mortem assistants, are required to attend police post- mortems outside of ordinary working hours they shall be entitled to payment of the allowances as set out in Item 9 of the said Table 1, or the normal overtime provisions of this Award, whichever is the greater.

 

(c)       When employees, excluding post-mortem assistants, are required to assist at police post-mortems during ordinary working hours, they shall be entitled to payment of an allowance as set out in Item 10 of Table 1.

 

(d)       Employees shall be paid an allowance as set out in Item 11 of Table 1 in respect of each police post-mortem examination performed on a partly decomposed or vermin- infested body.

 

(iii)     Nauseous Linen Allowance: Employees, other than the Forensic Mortuary Technician and the Senior Forensic Mortuary Technician classifications, shall be paid an allowance as set out in Item 12 of Table 1 for each shift or part thereof during which they are engaged in handling linen of a nauseous nature other than linen sealed in bags.

 

(iv)     Refuse Disposal/Incinerators or Furnaces Allowance: Employees engaged on refuse disposal and/or sorting for incinerators or furnaces shall be paid an additional amount as set out in Item 13 of Table 1.

 

(v)       Specific Environmental Allowances

 

(a)       Employees shall receive an additional duties allowance per week as set out in Item 14 of Table 1 for appropriate duties involved in the maintenance and supervision of swimming pools, pest control duties on a continuing basis, driving tractors (other than drivers) maintenance of bowling greens and sporting ovals.

 

(b)       Employees regularly required to perform work on sewerage works and grease traps or other duties considered offensive by the Ministry of Health, shall be paid an allowance at the rate as set out in Item 15 of Table 1 per week. The allowance is not automatically adjusted in the future.

 

(c)       Employees required to assist in cleaning sewerage chokages and who are required to assist in opening up any soil pipe, waste pipe, drain pipe, or pump containing sewerage or who are required to work in a septic tank in operation, shall be paid an allowance as set out in Item 16 of Table 1.

 

(vi)     Lead Apron Allowance: An employee required to wear a lead apron shall be paid an allowance as set out in Item 17 of Table 1 for each hour or part thereof that he/she is required to wear the said apron. This subclause shall not apply to employees engaged under the Health Employees’ Medical Radiation Scientists (State) Award 2023 or the Health Employees Technical (State) Award 2023, as varied or replaced from time to time.

 

(vii)    Cash Handling Allowance: An employee who is required to handle and be responsible for monies and issuing receipts for same, shall be paid a weekly allowance in the nature of salary as set out in Item 18 of Table 1. This subclause shall not apply to employees whose ordinary weekly rate of pay is in excess of that prescribed from time to time for an Administration Officer Level 1, Year 5, under the Health Employees' Administrative Staff (State) Award 2023, as varied or replaced from time to time. This subclause shall also not apply to employees employed under the NSW Health Service Allied Health Assistants (State) Award 2023, as varied or replaced from time to time.

 

(viii)   Employees engaged under the Health Employees (State) Award 2023 and the Health Employees Engineers (State) Award 2023, as varied or replaced from time to time, shall be paid the amounts prescribed from time to time under clause 7, Additional Rates, Special Rates and Allowances, of the Public Health Service Employees Skilled Trades (State) Award 2023, as varied or replaced from time to time, when working in situations where the disability encountered is not normally encountered by employees of that classification as follows:

 

(a)       Cold Places - Employees working in places where the temperature is reduced by artificial means below 0 degrees Celsius shall be paid as set out in Item 19 of Table 1 per hour extra. Where the work continues for more than two hours, employees shall be entitled to a rest period of 20 minutes every two hours without loss of pay.

 

(b)       Confined Spaces - Employees working in places the dimensions or nature of which necessitate working in a stooped or cramped position or without sufficient ventilation, shall be paid as set out in Item 20 of Table 1 per hour extra.

 

(c)       Dirty Work - Work which a supervisor and employee agree is of a dirty or offensive nature by comparison with the work normally encountered in the classification concerned and for which no other special rates are prescribed, shall be paid for by an additional amount at the rate as set out in Item 21 of Table 1 per hour above the rate prescribed by this Award.

 

(d)       Height Money - Employees working at a height of 7.5 metres from the ground, deck, floor or water shall be paid as set out in Item 22 of Table 1 per hour extra. Height shall be calculated from where it is necessary for the employee to place their hands or tools in order to carry out the work to such ground, floor, deck or water. For the purpose of this subclause, deck or floor means a substantial structure which, even though temporary, is sufficient to protect an employee from falling any further distance. Water level means, in tidal waters, mean water level. This subclause shall not apply to employees working on a suitable scaffold erected in accordance with the Work Health and Safety Act 2011, as amended or replaced from time to time.

 

(e)       Hot Places - Employees working in the shade in places where the temperature is raised by artificial means to between 46 degrees Celsius and 54 degrees Celsius shall be paid as set out in Item 23 of Table 1 per hour extra; in places where the temperature exceeds 54 degrees Celsius such employees shall be paid as set out in the said Item 23 per hour extra. Where work continues for more than two hours in temperatures exceeding 54 degrees Celsius, employees shall also be entitled to 20 minutes' rest after every two hours' work, without deduction of pay. The temperature shall be decided by the supervisor of the work after consultation with the employees who claim the extra rate.

 

(f)

 

(1)       Insulation Material - An employee who is called upon to handle charcoal, pumice, granulated cork, silicate of cotton, insulwool, slagwool, fibre glass or mineral wool or other recognised insulating material of a like nature or an employee in the vicinity of such work shall be paid as set out in Item 24 of Table 1 whilst so engaged.

 

(2)       Asbestos - An employee required to work with any materials containing asbestos or to work in close proximity to employees using such materials shall be provided with, and shall use, all necessary safeguards as required by the appropriate occupational health authority and, where such safeguards include the mandatory wearing of protective equipment, such employees shall be paid as set out in Item 25 of Table 1 per hour whilst so engaged.

 

(g)       Smokeboxes, etc. - Employees working on repairs to smoke-boxes, furnaces or flues of boilers shall be paid as set out in Item 26 of Table 1 per hour extra; provided that an employee engaged on repairs to oil fired boilers, including the casings, uptakes and funnels, or flues and smoke stacks, shall, while working inside such boiler, be paid as set out in the said Item 26 per hour extra.

 

(h)       Wet Places -

 

(1)       An employee working in a place where water other than rain is falling so that their clothing shall be appreciably wet and/or water, oil or mud underfoot is sufficient to saturate their boots shall be paid as set out in Item 27 of Table 1 per hour extra; provided that this extra rate shall not be payable in respect to an employee who is provided with suitable and effective protective clothing and/or footwear. An employee who becomes entitled to this extra rate shall be paid such rate for such part of the day or shift as he/she is required to work in wet clothing or boots.

 

(2)       Where an employee is required to work in the rain he/she shall be paid as set out in Item 27 per hour extra for time so worked.

 

(i)        An employee called upon to work knee-deep in mud or water, shall be paid at the rate set out in Item 28 of Table 1 per day in addition to ordinary rates of pay prescribed for each day or portion thereof so worked; provided that this subclause shall not apply to an employee who is provided with suitable protective clothing and/or footwear.

 

(j)        Acid Furnaces, Stills, etc. - An employee engaged on the construction or alteration or repairs to boilers, flues, furnaces, retorts, kilns, ovens, ladles and similar refractory work shall be paid as set out in Item 29 of Table 1 per hour. This additional rate shall be regarded as part of the wage rate for all purposes.

 

(k)       Depth Money - An employee engaged in tunnels, cylinders, caissons, coffer dams and sewer work and in underground shafts exceeding 3 metres in depth shall be paid as set out in Item 30 of Table 1 per hour.

 

(l)        Swinging Scaffolds -

 

(1)       An employee, working in a bosun's chair or on a swinging scaffold shall be paid as set out in Item 31 of Table 1 for the first four hours whilst so engaged thence as set out in the said Item 31 per hour thereafter.

 

(2)       An employee shall not raise or lower a bosun's chair or swinging scaffold alone and an employer shall not require an employee to raise or lower a bosun's chair or swinging scaffold alone.

 

(m)      Spray Application - An employee engaged on all spray applications carried out in other than a properly constructed booth which accords with the Australian and New Zealand Standard 4114.1, shall be paid as set out in Item 32 of Table 1 per hour extra.

 

(n)       Roof Work - Employees engaged in the fixing or repairing of a roof or any other work in excess of 12 metres from the nearest floor level shall be paid as set out in Item 33 of Table 1 per hour extra with a minimum payment as set out in the said Item 32 per day.

 

(o)       Explosive Powered Tools - Employees required to use explosive powered tools shall be paid as set out in Item 34 of Table 1 per day.

 

(p)       Morgues - An employee other than a post-mortem assistant required to work in a morgue shall be paid an extra rate as set out in Item 35 of Table 1 per hour whilst so employed.

 

(q)       Toxic and Noxious Substances -

 

(1)       An employee engaged in either the preparation and/or the application of toxic or epoxy based materials or materials of a like nature shall be paid as set out in Item 36 of Table 1 per hour extra.

 

(2)       In addition, employees applying such material in buildings which are normally air-conditioned shall be paid as set out in Item 37 of Table 1 per hour extra for any time worked when the air conditioning plant is not operating.

 

(3)       Where there is an absence of adequate natural ventilation, the employer shall provide ventilation by artificial means and/or supply an approved type of respirator and in addition protective clothing shall be supplied where recommended by the Ministry of Health.

 

(4)       Employees working in close proximity to employees so engaged shall be paid as set out in Item 38 of Table 1 per hour extra.

 

(5)       For the purpose of this clause, all materials which are toxic or which include, or require the addition of a catalyst hardener and reactive additives or two pack catalyst system shall be deemed to be materials of a like nature.

 

(r)        Employees working in areas accommodating psychiatric patients shall be paid as set out in Item 39 of Table 1 per hour whilst so engaged.

 

The above allowance shall not apply to persons employed under the terms of the Health Employees (State) Award 2021, as varied or replaced from time to time, unless such employees are engaged in work in such areas according to the direction of Tradesmen or Engineers or assisting such persons in the ordinary performance of their work.

 

(s)       Aged Care Allowance - Employees working or required to work in the following hospitals: Allandale and Garrawarra, shall be paid an allowance as set out in Item 40 of Table 1 per hour in addition to all other rates payable under this Award.

 

Provided that the allowance prescribed by this paragraph shall not be taken into consideration in the calculation of overtime or other penalty rates.

 

The above allowance shall not apply to persons employed under the terms of the Health Employees (State) Award 2023, as varied or replaced from time to time, unless such employees are engaged in work in such areas according to the direction of Tradesmen or Engineers or assisting such persons in the ordinary performance of their work.

 

Provided further that the above disability allowance shall apply to positions under the Health Employees Engineers (State) Award 2023 as varied or replaced from time to time, where the allowance applied to such positions prior to 1 July 1989.

 

(t)        Mental Health Facility Allowance - An allowance as set out in Item 41 of Table 1 per hour in addition to all other rates payable under this Award shall be paid to those persons employed in psychiatric hospitals (formerly 5th Schedule hospitals) where the above allowance applied to the position prior to 1 July 1989.

 

(u)       Animal House - An employee other than an animal technician or an animal attendant required to work in an animal house shall be paid as set out in Item 42 of Table 1 per hour whilst so engaged.

 

(v)       Rates not subject to Penalty Provisions - The special rates and allowances herein prescribed shall be paid irrespective of the times at which the work is performed and shall not be subject to any premium or penalty conditions.

 

(w)      Extra Rate Not Cumulative - When more than one of the above rates provide payment for disabilities of substantially the same nature then only the highest of such rates shall be payable.

 

(ix)     Apprentices shall be paid each week a tool allowance as set out in item 43 of Table 1.

 

(a)       Provided that where the employer supplies the apprentice with all necessary tools to use in his or her trade (such tools to remain the property of the employer) the provisions of this subclause shall not apply.

 

(b)       Provided that where tool allowance is paid to apprentices, the employer may from time to time inspect tools provided by any apprentice, and if not satisfied that reasonable tools are being provided and kept in serviceable condition, having regard to the quantum of tool allowance paid, may furnish or render serviceable such tools and deduct the cost thereof from tool allowance pay thereafter becoming due.

 

(x)       Apprentices and Adult Apprentices attending registered training organisations for training shall be entitled to fares to and from home to the registered training organisation.

 

(xi)     Proportion of apprentices to cooks or gardeners, as the case may be shall not exceed one apprentice to three tradespersons or fraction thereof. Such proportion is to be calculated on the average number of tradespersons employed for the preceding six calendar months.

 

(xii)    A sterilising certificate allowance as set out in Item 48 of Table 1 of this Award applies to employees undertaking linen sterilising duties at HealthShare NSW Linen Services as follows:

 

(a)       The sterilising certificate allowance will be paid to employees who:

 

(1)       hold a recognised and accredited certificate; and

 

(2)       perform sterilising duties at least one day per week.

 

(b)       The allowance will be paid across all Linen Services.

 

(c)       For employees who have undertaken duties on occasion or on a relief basis, the allowance is payable based on an estimate put to the Linen Service Manager by the employee which is then confirmed and approved for payment.

 

(d)       For employees who work less than one week in sterilising duties, a daily pro rata allowance at 20% of the weekly allowance is payable.

 

(e)       Untrained/uncertified employees who are undertaking the duties need to be certified in accordance with a HealthShare NSW state-wide program not extending beyond 12 months. After 12 months those without the certificate cannot receive the allowance in accordance with sterilising requirements under Australian standards.

 

(f)        The allowance will be adjusted in the future in line with general salary movements for linen service employees.

 

13.  Excess Fares and Travelling

 

For the purpose of this clause accustomed place of work shall mean the site or campus where an employee is regularly required to commence duty by the employer.

 

(i)        An employee shall be required to proceed to the accustomed place of work and return home once on each ordinary working day or shift in the employee's own time and at the employee's own expense.

 

(ii)

 

(a)       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 employer's time for those periods in excess of time normally taken to travel to and from the accustomed place of work.

 

(b)       If the excess of travelling time on a particular day or shift is greater than the prescribed ordinary hours of duty for the particular category of staff for that day or shift, then the excess of hours shall be paid at the ordinary rate of pay to the extent of the excess of travelling time.

 

(c)       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.

 

(d)       Where the employee is required to report to an alternative place of work and has the prior approval of the employer to travel by their 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 as prescribed from time to time by the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009, as varied or replaced from time to time.

 

(iii)

 

(a)       Where an employer has determined that an employee or employees should report to a new accustomed place of work on a permanent basis, the decision must be discussed with the affected employee(s) and the local branch of the union prior to notice of changed accustomed place of work being given.

 

(b)       The employer shall give the employee reasonable notice of the requirement to report to a new accustomed place of work. For the purpose of this subclause "reasonable notice" shall be one calendar month prior to the date the employee is first required to report to the new accustomed place of work.

 

(c)       Where the accustomed place of work is changed on a permanent basis by the employer, the employee shall report to the new accustomed place of work on the date specified by the employer.

 

(d)       If there is disagreement about such decision after such discussion or if a significant number of employees are involved, the matter should be referred to the Secretary, who will discuss the matter with the Union and will determine the date upon which notice will be given the employee(s).

 

(iv)

 

(a)       The provisions of this clause shall not apply to an employee appointed to regularly perform relief duties or to employees specifically employed to perform duties at more than one place of work except as provided in paragraph (b) hereunder of this subclause.

 

(b)       If a reliever incurs fares in excess of the amount prescribed by Item 49 of Part B, Monetary Rates - Table 1 - Other Rates and Allowances, per day in travelling to and from the relief site, the excess shall be reimbursed.

 

Where a reliever, with the prior approval of the employer, travels by their own mode of conveyance and incurs travelling costs in excess of the amount prescribed by Item 49 of Part B, Monetary Rates - Table 1 - Other Rates and Allowances per day to and from the relief site, such excess shall be reimbursed. The rate applicable shall be the kilometre allowance prescribed from time to time in item 6 of Table 1 of Part B, Monetary Rates of the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009, as varied or replaced from time to time, less the amount prescribed by Item 49 of Part B, Monetary Rates - Table 1 - Other Rates and Allowances of this Award.

 

(v)       No payment shall be made under this clause unless the employer is satisfied that the employee has incurred additional expenditure in having to report to an alternate place of work, at the direction of the employer.

 

(vi)     Travel, to an alternative place of work, either by public transport or own mode of conveyance, shall in all instances be by the most direct route.

 

14.  Meals

 

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

 

(ii)      An employee required to work overtime following on the completion of his or her normal shift for more than two hours shall be allowed 20 minutes for the partaking of a meal and a further 20 minutes after each subsequent four hours overtime; all such time shall be counted as time worked.

 

(iii)     An employee recalled to work overtime after leaving the employer's premises and who is required to work for more than four hours shall be allowed 20 minutes for the partaking of a meal and a further 20 minutes after each subsequent four hours overtime; all such time shall be counted as time worked.

 

(iv)     The meals referred to in subclauses (ii) and (iii) of this clause shall be allowed to the employee free of charge. Where the employer is unable to provide such meals an allowance as set out in Item 44 of Table 1 of Part B shall be paid to the employee concerned. This allowance shall be varied as the rates are varied from time to time in the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009, as varied or replaced from time to time.

 

(v)       Where an employee is required to work an overtime shift on his or her rostered day off, or on a shift changed in accordance with clause 4, Roster of Hours, the appropriate meal breaks for that shift, as prescribed in subclause (i) of this clause and subclauses (xii) and (xiii) of clause 3, Hours, shall apply.

 

(vi)     Where practicable, employees shall not be required to work more than four (4) hours without a meal break. By agreement between an employer and the majority of employees in the department, an employee or employees may be required to work in excess of four (4) hours but not more than five (5) hours at ordinary rates of pay without a meal break.

 

15.  Public Holidays

 

(i)

 

(a)       Public holidays shall be allowed to employees on full pay.

 

(b)       Except as provided in this subclause, where an employee is required to and does work on any of the public holidays set out in this subclause, whether for a full shift or not, the employee shall be paid at time and a half extra for the ordinary rostered hours of duty on that day. Such payment is to be in lieu of weekend or shift allowances which would otherwise be payable had the day not been a public holiday.

 

Provided that, if the employee so elects, they may be paid at half time extra for the ordinary rostered hours and have one day added to their period of annual leave for each public holiday worked in lieu of the provisions of the preceding paragraph.

 

Provided further that where an employee is rostered for a shift which crosses midnight on a public holiday and the total rostered hours on the public holiday are less than the equivalent of full shift, the shift will be deemed to have been worked on the day on which the majority of time was actually worked.

 

(c)       For the purpose of this clause the following shall be deemed public holidays, viz.: New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Christmas Day, Boxing Day, Anzac Day, Queen's Birthday, Labour Day and any other standard public holiday declared under Section 4 of Part 2 of the Public Holidays Act 2010 as varied or replaced from time to time.

 

(d)       Shift workers rostered off duty on a public holiday shall:

 

(1)       be paid one day's pay in addition to the weekly rate; or

 

(2)       if the employee elects, have one day added to their period of annual leave.

 

Provided that the provisions of this subclause shall:

 

(3)       not apply to employees employed under the Health Managers (State) Award 2021, as varied or replaced from time to time; and

 

(4)       only apply to day workers who were employed as at 1 July 2008.

 

(e)       The election referred to in paragraphs 15(i)(b) and 15(i)(d) is to be made in writing by the employee at the commencement of each year of employment.

 

(f)        Provided that an employee who has accrued additional annual leave referred to in paragraphs 15(i)(b) and 15(i)(d), (a) and (c) of this subclause can elect at any time to be paid an amount equivalent to the value of the accrued additional annual leave in lieu of taking additional leave, provided that the amount is a minimum of one weeks’ accrued additional leave and that the salary for the period of additional leave paid out will be calculated as if the period of leave was actually taken.

 

(ii)      In addition to those public holidays specified in paragraph 15(i)(c), employees are entitled to an extra public holiday each year. Such public holiday is to be determined by the employer to be taken in the Christmas-New Year period or other suitable period as agreed between the employer and the Union and shall be regarded for all purposes of this clause as any other public holiday

 

(iii)

 

(a)       Old Part-Time Employees working 30 hours per week over five days, and Part-Time Employees (and those working a part time work arrangement) shall be entitled to public holidays set out in paragraph (i)(b) and subclause (ii) for days in which they would ordinarily be required to work but, for the holiday occurring. Where such employees are required to, and do work on such a public holiday, the employee shall be paid at the rate of double time and one-half for the time worked (but such worker shall not be entitled to the provisions in subclause 15(i) and (ii) that provides for the period worked on a public holiday to be added to their period of annual leave).  Such Old Part-Time employees shall not be entitled to be paid in addition the allowance of 15 per cent prescribed in Part 2 of clause 6 in respect of such work.

 

(b)       The provisions of subclause (i) and (ii)_of this clause shall not apply to Old Part Time Employees engaged under clause 6 - Part 2, provided that such Old Part Time Employees required to and do work on a public holiday defined in (i)(b) and (ii) of this clause, shall be paid at the rate of double time and one-half for the hours worked, but such worker shall not be entitled to be paid, in addition, the allowance of 15 per cent prescribed in Part 2 of clause 6, in respect of such work.

 

16.  Annual Leave

 

(i)        Entitlement to Annual Leave

 

(a)       All employees: See Annual Holidays Act 1944 as varied from time to time.

 

(b)       This paragraph and its subparagraphs shall apply to full-time employees and permanent part-time employees except for those employees employed under the Health Managers (State) Award 2021 as varied or replaced from time to time.

 

For the purpose of subparagraph 16(i)(b)(1), "Qualifying period of employment" is a reference to an entitlement to annual holiday on ordinary pay at the end of each year of the worker’s employment (i.e. after a 12 month period) as outlined in s3(1) of the Annual Holidays Act 1944.

 

(1)       Employees who are rostered to work and do work on 35 or more ordinary hours shifts occurring on Sundays and/or public holidays during a qualifying period of employment for annual leave purposes, shall be entitled to receive one week additional annual leave.

 

(2)       Employees who are rostered to work and do work less than 35 ordinary hours shifts occurring on Sundays and/or public holidays during a qualifying period of employment for annual leave purposes, shall be entitled to receive a proportion of one week additional annual leave calculated on the basis of 38 hours of additional annual leave for 35 such shifts worked.

 

(3)       Employees who work less than 38 hours per week and who are rostered to work and do work less than 35 ordinary hours shifts occurring on Sundays and/or public holidays during a qualifying period of employment for annual leave purposes, shall be entitled to receive a proportion of one week additional leave calculated on the basis of the number of ordinary weekly hours of additional annual leave for 35 such shifts worked.

 

(4)       The calculations referred to in subparagraph (3) above shall be made to the nearest one-fifth of the ordinary hours worked, half or more than half of one-fifth being regarded as one-fifth and less than half being disregarded.

 

(5)       Provided that an employee, entitled to additional annual leave pursuant to subparagraphs (1), (2) and (3) above, may elect to be paid an amount equivalent to the value of his or her 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.

 

(6)       An employee, with an accrued entitlement to additional annual leave pursuant to subparagraphs (1), (2) and (3) above, can elect at any time to be paid an amount equivalent to the value of the accrued additional leave in lieu of taking additional leave, provided that the amount is a minimum of one weeks’ accrued additional leave and that the salary for the period of additional leave paid out will be calculated as if the period of leave was actually taken.

 

(ii)      On termination of employment, employees shall be entitled to payment for any untaken annual leave entitlements pursuant to subclause (i) of this clause and subclause (i) of clause 15, Public Holidays, together with payment for any untaken leave in respect of an uncompleted year of employment, calculated in accordance with paragraphs (a) and (b) of subclause (i) of this clause.

 

(iii)     The employer shall give to each employee three months' notice where practicable and not less than one month's notice of the date upon which the employee shall enter upon annual leave.

 

(iv)     Entitlement to Annual Leave Loading or Shift Allowances and Weekend Penalties

 

(a)       Employees who become entitled to take and do take annual leave pursuant to paragraph (a) of subclause (i) of this clause (that is, the annual leave entitlement of four weeks per annum pursuant to the Annual Holidays Act 1944) shall be paid ordinary salary plus either:

 

(1)       an annual leave loading in respect of that entitlement equivalent to 17½ % of four weeks ordinary salary, not exceeding an amount equivalent to 17½ % of four weeks ordinary salary for maximum Clerk Grade 12 Public Servant as varied from time to time; or;

 

(2)       in the case of a shiftworker who would have earned ordinary time shift allowances and weekend penalties in excess of the amount of annual leave loading indicated in subparagraph (1) above of this paragraph had he/she not taken the annual leave; those shift allowances and weekend penalties relating to ordinary time the employee would have earned had he/she not taken the annual leave (provided that shift allowances and weekend penalties shall not be payable for public holidays which occur during a period of annual leave).

 

(b)       In respect of an employee who becomes entitled to take annual leave pursuant to paragraph (a) of subclause (i) of this clause (that is, the annual leave entitlement of four weeks per annum pursuant to the Annual Holidays Act 1944), and takes that annual leave in broken periods; both the annual leave loading and the maximum amount referred to in subparagraph (1) of paragraph (a) of this subclause are to be calculated pro rata for the broken period being taken in the same proportion as the period being taken bears to four weeks. The resultant amount of annual leave loading calculated for the broken period of annual leave, not exceeding that maximum amount calculated for the same broken period, is to be paid to the employee in addition to ordinary salary for the period.

 

(c)       In respect of a shiftworker, who becomes entitled to take annual leave pursuant to paragraph (a) of subclause (i) of this clause (that is, the annual leave entitlement of four weeks per annum pursuant to the Annual Holidays Act 1944), and who takes that annual leave in broken periods, the entitlement to annual leave loading and maximum amount are to be calculated in the same way as indicated in paragraph (b) of this subclause for the period of annual leave being taken and compared with the ordinary time shift allowances and weekend penalties the employee would have earned had he/she not taken the annual leave (provided that shift allowances and weekend penalties shall not be payable for public holidays which occur during the period of annual leave), and the greater of either the calculated annual leave loading (not exceeding the calculated maximum amount) or ordinary time shift allowances and weekend penalties is to be paid to the employee in addition to ordinary salary for the period.

 

(d)       The entitlement to annual leave loading or shift allowances and weekend penalties referred to in paragraphs (a), (b), and (c) of this subclause are to be calculated and paid at the same time as the annual leave is paid.

 

(e)       Annual leave loading is to be calculated at the rate of ordinary salary payable when the annual leave is taken (except as provided for in paragraph (f) below), and excludes allowances, penalty or disability rates, commission, bonuses, incentive payments or overtime rates etc. Where the ordinary rate payable changes effective from a date falling within a period of annual leave, the changed rate is to be taken into account, and if necessary, adjustments calculated and corrections to pay made.

 

(f)        No annual leave loading is payable to an employee who takes annual leave wholly or partly in advance of becoming entitled to such annual leave, except if their employment continues until the day he/she would have become entitled to take such annual leave, in which case the loading then becomes payable on that day (calculated on rates applicable on that day) in respect of the period/s of annual leave already taken that the loading would have applied to had the annual leave not been taken wholly or partly in advance. Shiftworkers already paid ordinary time shift allowances and weekend penalties in respect of annual leave taken wholly or partly in advance are not eligible to be paid loading under this paragraph.

 

(g)       No annual leave loading or shift allowances and weekend penalties are payable to an employee who is paid the monetary value of annual leave to their credit on resignation (not including retirement), except as provided for in paragraph (i) below.

 

(h)       Upon the retirement of an employee or upon the termination by the employer of an employee for any reason other than misconduct, the employee shall be paid annual leave loading on that annual leave which they had become entitled to take that the loading would have applied to had the annual leave been taken.

 

(i)        Where an employee transfers from one hospital or health institution to another and commences work at the latter hospital or health institution on the next working day following their resignation from the former hospital or health institution and the employee is transferring their accrued annual leave entitlements, the employee shall be eligible for annual leave loading for that year on that annual leave that the loading applies to as if they had not resigned from the former hospital or health institution.

 

(j)        In respect of that additional annual leave accrued by virtue of being rostered to work and working ordinary hours shifts on Sundays and/or Public Holidays pursuant to paragraph (b) of subclause (i) of this clause; no annual leave loading is payable. Shiftworkers are to be paid, in addition to ordinary salary for such annual leave period/s, the ordinary time shift allowances and weekend penalties the employee would have earned had he/she not taken the annual leave (provided that shift allowances and weekend penalties shall not be payable for public holidays which occur during a period of annual leave).

 

(k)       In respect of that annual leave elected to be accrued pursuant to the provisions of clause 15, Public Holidays, no annual leave loading or shift allowances and weekend penalties are payable.

 

(v)       Students and trainees who are employed for the purpose of completing a training course leading to a qualification which would allow the employee to be employed in a trained capacity, but who are then not employed by the employer at the completion of the training period in the trained capacity, and medical officers who are not given the opportunity to renew their contract of employment at the end of the training period or at the end of their appointment, are deemed to have had their services terminated by the employer for a reason other than misconduct (unless transferring pursuant to paragraph (i) of subclause (iv) of this clause) for the purposes of annual leave loading. In such circumstances the trainee, student or medical officer is entitled to the payment of the annual leave loading in the same way as for other employees and in accordance with subclauses (i)(a), (ii), (iii) and (iv) of this clause, excepting that annual leave loading is not payable to trainees who are paid by way of allowance and not by salary or wages.

 

17.  Long Service Leave

 

(i)

 

(a)       The provisions of this clause shall not apply to service as a casual employee, except as provided in subclauses (iv) and (v). Continuous service as a casual employee may accrue Long Service Leave as per the Long Service Leave Act 1995 (NSW), as varied or replaced from time to time.

 

(b)       The provisions of this clause shall not apply to Old Part Time Employees as prescribed in clause 6, Part 2, except as provided in subclause (xv)(b) or (xv)(c). Such employees may accrue Long Service Leave as per the Long Service Leave Act 1995 (NSW), as varied or replaced from time to time.

 

(ii)

 

(a)       Each employee shall be entitled to two months long service leave on full pay after ten years of service; thereafter additional long service shall accrue on the basis of five months long service leave on full pay for each ten years’ service.

 

Employees with at least seven years’ service and less than 10 years’ service are entitled, proportionate to his or her length of service, to proceed on a proportionate period of long service leave on the basis of two months' long service leave for ten years' service on full pay.

 

(b)       Where the services of an employee with at least five years’ service and less than seven years’ service are terminated by the employer for any reason other than the employee's serious and wilful misconduct, or by the employee on account of illness, incapacity or domestic or other pressing necessity, he/she shall be entitled to be paid a proportionate amount for long service leave on the basis of two months' long service leave for ten years' service.

 

Where the services of an employee with at least seven years and less than 10 years’ service are terminated by the employer or by the employee, he/she shall be entitled to be paid a proportionate amount for long service leave on the basis of two months' long service leave for ten years' service. Where the services of an employee with at least 10 years’ service are terminated by the employer or by the employee, he/she shall be entitled to be paid on the basis of two months' long service leave for ten years' service and thereafter on the basis of five months long service leave for each ten years’ service.

 

(iii)     For the purposes of subclause (i) of this clause:

 

(a)       Service shall mean continuous service with the employer. For the purpose of this paragraph, continuous service will be determined in accordance with the provisions of Section 7 of the NSW Health Policy Directive PD2023_006Leave Matters for the NSW Health Service, as amended or replaced from time to time.

 

(b)       Broken periods of service with the employer in one or more hospitals shall count as service.

 

(c)       Service shall not include -

 

(1)       any period of leave without pay, except in the case of employees who have completed at least ten years’ service (any period of absence without pay being excluded there from), in which case service shall include any period of leave without pay, not exceeding six months, taken after the 1 January 1973;

 

(2)       any period of part-time service, except as provided for in subclause (xi) of this clause.

 

(3)       any period of casual service except as provided in subclause (iii) and (viii) of this clause

 

(iv)     A period of continuous casual service that merges immediately and without a break with permanent employment at the same public health organisation will be counted as service for the purposes of Long Service Leave accrual under this award on the basis of the same proportion of the hours worked in the period of continuous casual service bears to full time hours.

 

(v)       Should a casual employee have obtained an entitlement to long service leave under the provisions of the Long Service Leave Act 1955 then that entitlement will be paid and deducted from any further long service leave entitlement under this award.

 

(vi)     An employee with an entitlement to long service leave may elect to access such entitlement:

 

(a)       on full pay;

 

(b)       on half pay; or

 

(c)       on double pay.

 

(vii)    When an employee takes long service leave, the leave entitlement will be deducted on the following basis:

 

(a)       a period of leave on full pay - the number of days so taken;

 

(b)       a period of leave on half pay - half the number of days so taken; or

 

(c)       a period of leave on double pay - twice the number of days so taken.

 

(viii)   When taking long service leave and an employee would otherwise have had a rostered shift fall on a public holiday during that period, the amount of long service leave to be deducted is to be reduced by one day for the public holiday.

 

(ix)     Health Industry Status of Employment (State) Award

 

Employees who are employed under the definitions prescribed by the Health Employees Status of Employment (State) Award as a casual employee, temporary employee, permanent employee and exempt employees will have the entitlement to long service leave as prescribed hereunder:

 

(a)       Casual employees - the Long Service Leave Act 1955 applies.

 

(b)       Temporary Employees

 

(1)       Temporary part time employee - in the same manner as a permanent part time employee in the Health Employees Conditions of Employment (State) Award

 

(2)       Temporary full-time employee - in the same manner as a full-time employee in the Health Employees Conditions of Employment (State) Award

 

(c)       Permanent employee in the same manner as a permanent part time or permanent full-time employee in the Health Employees Conditions of Employment (State) Award

 

(d)       Exempt Employee

 

(1)       Part time exempt employee - in the same manner as a permanent part time employee in the Health Employees Conditions of Employment (State) Award

 

(2)       Full time exempt employee - in the same manner as a full-time employee in the Health Employees Conditions of Employment (State) Award.

 

(x)       Long Service Leave shall be taken at a time mutually arranged between the employer and the employee.

 

(xi)

 

(a)       On the termination of employment of an employee, otherwise than by their death, an employer shall pay to the employee the monetary value of all long service leave accrued and not taken at the date of such termination and such monetary value shall be determined according to the salary payable to the employee at the date of such termination: unless the employee transfers his or her leave entitlement in accordance with the provisions of Section 18 of the NSW Health Policy Directive PD2023_006Leave Matters for the NSW Health Service, as amended from time to time.

 

(b)       Where an employee who has acquired a right to long service leave, or after having had five years and less than ten years’ service dies, the widow or the widower of such employee, or if there is no such widow or widower, the children of such employee, or if there is no such widow, widower, or children, such person who, in the opinion of the employer, was at the time of the death of such employee, a dependent relative of such employee, shall be entitled to receive the monetary value of the leave not taken or which would have accrued to such employee, had their services terminated as referred to in paragraph (b) of subclause (i) of this clause and such monetary value shall be determined according to the salary payable to the employee at the time of their death.

 

Where there is a guardian of any children entitled under this paragraph the payment, to which such children are entitled, may be made to such guardian for their maintenance, education and advancement.

 

Where there is no person entitled under this paragraph to receive the monetary value of any leave payable under the foregoing provisions payment in respect thereof shall be made to the legal personal representative of such employee.

 

(xii)    The provisions of subclauses (i) to (v) of this clause shall not apply to Old Part-Time Employees who receive an adjusted hourly rate (as defined per clause 6, Part 2, of this Award). Such employees shall be entitled to long service leave in accordance with the provisions of the Long Service Leave Act 1955, and/or Determination made under the Health Services Act 1997, as amended or replaced from time to time.

 

(xiii)   A full-time employee shall be entitled to have previous service as an Old Part-Time Employee which is the equivalent of at least two full days' duty per week taken into account for long service purposes in conjunction with full-time service on the basis of the proportion that the actual number of hours worked each week bears to forty hours, provided the service as an Old Part-Time Employee merges without break with the subsequent full-time service.

 

A permanent part-time employee shall be entitled to have previous service as an Old Part-Time Employee which is the equivalent of at least two full days' duty per week taken into account for long service leave purposes in conjunction with full-time or permanent part-time service on the basis of the proportion that the actual number of hours worked each week bears to 35 hours for Radiographers and Radiation Therapists and 38 hours for other employees, provided that the service as an Old Part-Time Employee merges without break with the subsequent full-time or permanent part-time service.

 

(xiv)   Except as provided for in subclause (xi) of this clause, rights to long service leave under this clause shall be in replacement of rights to long service leave, if any, which at the date of commencement of this Award may have accrued or may be accruing to an employee and shall apply only to persons in the employ of the employer on or after the date of commencement of this Award. Where an employee has been granted long service leave or has been paid its monetary value prior to the date of commencement of this Award, the employer shall be entitled to debit such leave against any leave to which the employee may be entitled pursuant to this clause.

 

(xv)    The following provisions shall apply only to employees employed in a hospital at the 1 January 1973:

 

(a)       An employee who -

 

(1)       has had service in a hospital, to which clause 5, Climatic and Isolation Allowance, applies, prior to the 1 January 1973;

 

(2)       Is employed in a hospital, to which the said clause 5 applies, at 1 January 1973 shall be granted long service leave in accordance with the long service leave provisions in force prior to the 1st January, 1973, in lieu of the provisions provided by this Award where such benefits are more favourable to the employee.

 

(b)       An employee employed -

 

(1)       as an Old Part-Time Employee at the 1st January 1973 may be allowed to continue to be granted long service leave in accordance with the long service provisions in force prior to the 1st January 1973 in lieu of the provisions of the Long Service Leave Act 1955, as provided for in sub-clause (xi) of this clause;

 

(2)       on a full-time basis at 1 January 1973, but who had prior service as an Old Part-Time Employee may be allowed to continue to be granted long service leave in accordance with the long service leave provisions in force prior to the 1 January 1973, in lieu of the provisions provided by this Award where such benefits are more favourable to the employee.

 

(c)       Provided that full time and service as an Old Part-Time Employees who were employed in a hospital as at 1 January 1973, and who had or were having service accrued at either time and one half or double time shall retain the option of having long service leave entitlements accrue under the old Award provisions. This proviso shall apply regardless of any breaks in the continuity of service.

 

18.  Sick Leave

 

(i)        Full-time employees - A full-time employee shall be entitled to sick leave on full pay by allowing 76 rostered ordinary hours of work for each year of continuous service; provided however, that for Radiographers and Radiation Therapists such leave shall be allowed on the basis of 70 rostered ordinary hours for each year of continuous service less any sick leave on full pay already taken subject to the following conditions:

 

(a)       All periods of sickness shall be certified to by the Medical Superintendent or a person approved by the employer or by a legally qualified Medical Practitioner approved by the employer; provided however, that the employer may dispense with the requirements of a medical certificate where the absence does not exceed two consecutive days or where in the employers' opinion the circumstances are such as not to warrant such requirements.

 

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

 

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

 

(d)       Service for the purpose of this clause, shall mean service with the employer and shall be deemed to have commenced on the date of engagement by the employer in respect of any period of employment with the employer current at the date of the commencement of this Award in respect of employees then so employed and in respect of others it shall be deemed to commence on the first day of engagement by the employer after the commencement of this Award.

 

(e)       Employees who are employed at the date of the commencement of this Award shall retain to their credit, until exhausted, any accumulation of sick leave to their credit immediately prior to such date; provided that such credit is not less than the entitlement otherwise prescribed by this clause.

 

(f)        "Continuous Service" for the purpose of this clause, shall be calculated in the same manner as provided under paragraph (a) of subclause (ii) of clause 17, Long Service Leave, excepting that all periods of service with the employer in any hospital (providing such service is not less than three months actual service) shall be counted.

 

(g)       Each employee shall take all reasonably practicable steps to inform the employer of his or her inability to attend for duty and as far as possible state the estimated duration of the absence.

 

Where practicable such notice shall be given within 24 hours of the commencement of such absence.

 

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

 

(iii)     An employee shall not be entitled to sick leave on full pay for any period in respect of which such employee is entitled to accident pay, or workers compensation; provided, however, that where an employee is not in receipt of accident pay, an employer shall pay to an employee, who has sick leave entitlements under this clause, the difference between the amount received as workers' compensation, and full pay. The employees' sick leave entitlement under this clause shall for each week during which such difference is paid, be reduced by the proportion of hours which the difference bears to full pay. On the expiration of available sick leave, weekly compensation payments only shall be payable.

 

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

 

19.  Payment and Particulars of Salary

 

(i)        Wages shall be paid weekly or fortnightly only, except for persons engaged under the Health Managers (State) Award 2023, as varied or replaced from time to time, in which case salary may be paid monthly. Any changes to payment procedures are to be the subject of consultation with the Union.

 

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

 

(iii)     Notwithstanding the provisions of subclause (ii), of this clause, an employee who has been given one week's notice of termination of employment, in accordance with Clause 20, Termination of Employment, of this Award, shall be paid all moneys due to them prior to ceasing duty on the last day of employment.

 

Where an employee is dismissed or their services are terminated without due notice, in accordance with the said clause 20, any moneys due to them shall be paid as soon as possible after such dismissal or termination but, in any case not more than three days thereafter.

 

(iv)     On each pay day an employee, in respect of the payment then due, shall be furnished with a statement, in writing, containing the following particulars, namely, name, the amount of ordinary salary, the total number of hours of overtime worked, if any, the amount of any overtime payment, the amount of any other moneys paid, and the purpose for which they are paid and the amount of the deductions made from total earnings and the nature thereof.

 

(v)       Where retrospective adjustments of wages are paid to employees, such payments where practical shall be paid as a separate payment to ordinary wages. Such payment shall be accompanied by a statement containing particulars as set out in subclause (iv) of this clause.

 

(vi)     Employees proceeding on Long Service Leave and Annual Leave shall on request be paid in advance prior to commencing such leave. However, where an employee wishes to receive their pay on their usual pay day, this shall be done.

 

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

 

(a)       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.

 

(b)       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 recovery 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 subparagraph (b)(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 subparagraph (b)(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.

 

20.  Termination of Employment

 

(i)        Employees who are employed under the Health Managers (State) Award 2023, as varied or replaced from time to time, shall be required to give one month’s written notice of termination of employment. Where termination of such employees is to be notified by the employer, otherwise than for misconduct, the employee shall be given one month’s notice, in writing, or one month’s pay in lieu thereof.

 

(ii)      For other employees, one week's notice of termination of employment shall be given by the employer or the employee, respectively, but when the conduct of an employee justifies instant dismissal, such notice of termination of employment shall not apply; provided that should an employee fail to give the prescribed notice, such employee shall be liable to the forfeiture of one week's wages. Where the services of an employee are terminated without due notice they shall be paid one week's salary in lieu thereof.

 

21.  Accommodation and Amenities

 

(i)        Suitable dining room accommodation and lavatory conveniences shall be provided for all resident and non-resident employees.

 

(ii)      In all hospitals erected after 1 January 1960, dressing room, lockers, hot and cold showers and conveniences also shall be provided for non-resident employees and, where practicable, such facilities shall be provided in hospitals erected prior to that date.

 

(iii)     The following outlines the minimum standards which should be achieved in all hospitals:

 

Sanitary Conveniences -

 

(a)       Reasonable toilet facilities for each sex.

 

(b)       Separate and distinct conveniences for each sex, together with screened approaches to ensure privacy. These facilities should be located conveniently to work places, they should be adequately lighted and ventilated and have floors, walls and ceilings finished with a smooth faced surface resistant to moisture.

 

Washing and Bathing Facilities-

 

(a)       Reasonable washing provision by way of basins of suitable impervious material with hot and cold water taps supplied.

 

(b)       Reasonable number of showers with hot and cold water.

 

Washing and bathing facilities must be adequately lighted and ventilated and floors, walls and ceilings finished with a smooth- faced surface resistant to moisture.

 

These facilities should be incorporated in or communicated direct with the change room and should not be contained within any closet block.

 

Change rooms and Lockers -

 

(a)       Properly constructed and ventilated change rooms equipped with a locker for each employee.

 

(b)       Sufficient seating should be provided.

 

Dining Room -

 

(a)       Well constructed, ventilated and adequately lighted dining room(s).

 

(b)       Chairs or other seating with back rests.

 

(c)       Sufficient tables and chairs must be provided for all persons who will use the dining room at any one time.

 

(d)       Facilities for boiling water, warming and refrigerating food and for washing and storing of dining utensils should be provided.

 

Rest Room - A well-constructed and adequately lighted and ventilated rest room or screened off portion of the change room for women. Such rest room or rest area to be equipped with day bed or couch with mattress, blankets, pillow and hot water bottle.

 

(iv)     Where major additions to presently occupied buildings or new buildings are erected within a presently constituted hospital, the amenities to be provided in such additions or new buildings shall be the subject of negotiations between the parties.

 

22.  Inspection of Lockers of Employees

 

Lockers may only be opened for inspection in the presence of the employee but in cases where the employee neglects or refuses to be present or in any circumstances where notice to the employee is impracticable such inspection may be carried out in the absence of the employee by an officer appointed by the employer and if practicable a Union Sub-Branch Officer, otherwise by any two officers so appointed by the employer.

 

23.  Uniforms and Protective Clothing

 

(i)

 

(a)       Subject to paragraph (c) of this sub-clause, sufficient serviceable uniforms or overalls shall be supplied, free of cost, to each employee required to wear them; provided that any employee to whom a new uniform or part of a uniform has been supplied by the employer, who, without good reason, fails to return the corresponding article last supplied, shall not be entitled to have such article replaced without payment therefor at a reasonable price in the absence of a satisfactory reason for the loss of such article or failure to produce such uniform or part thereof.

 

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

 

(c)       In lieu of supplying a uniform to an employee, the employer may pay to such employee the sum set out in Item 45 of Table 1 - Other Rates and Allowances, of Part B, Monetary Rates: provided, however, that if a uniform includes a cardigan or special type shoe, an additional amount set out in the said Item 45 shall be paid to such employee.

 

(d)       If the uniform of an employee is not laundered at the expense of the employer, an allowance set out in Item 46 of Table 1 shall be paid to such employee.

 

(e)       The allowances referred to in (c) and (d) above are payable to part-time employees on the basis of one fifth of the full weekly allowance for each shift worked in the week.

 

(ii)      Each Employee Whose Duties Require Them to Work Out of Doors Shall be Supplied With Overboots. Sufficient Raincoats Shall Also be Made Available for Use By These Employees.

 

(iii)     Each employee whose duties require them to work in a hazardous situation with or near machinery shall be supplied with appropriate protective clothing and equipment.

 

24.  Promotions and Appointments

 

(i)        Promotion and/or appointment shall be by merit, with the use of eligibility lists in appropriate cases.

 

(ii)      In the case of an employee or employees disputing a promotion and/or appointment the Union may refer the matter to a disputes committee established under clause 26, Dispute Resolution.

 

(iii)     Eligibility lists are intended to be used in the following manner:

 

(a)       The employer may create eligibility lists for all base grade vacant positions.

 

(b)       Lists to operate for six months.

 

(c)       Eligibility lists may be created

 

(1)       of persons willing to perform temporary relief work at short notice.

 

(2)       for part-time positions.

 

(3)       for full-time positions.

 

(d)       Eligibility lists should be created in accordance with normal selection criteria taking account of the following where appropriate: -

 

(1)       Priority of employment guidelines.

 

(2)       Merit.

 

(3)       Placement or transfer of excess staff within the Public Health Organisation.

 

(iv)     If an employee, working in a position on a part time basis on a regular and systematic basis during a calendar period of 12 months, requests to be considered for full-time employment, the Employer, at their discretion, can fill the vacancy by merit, or allow the employee to convert to full-time employment.

 

25.  New Classifications

 

The employer may create any new classification not covered by the Awards to which these conditions apply at any time and may fix the remuneration thereof but in such circumstances the employer shall advise the Union of such decision within 28 days and give an opportunity to the representatives of the Union to confer with the representatives of the employer as to the rate of wages so fixed for the duties to be performed and the hours the employee is required to work.

 

26.  Dispute Resolution

 

(i)        Where a dispute arises in a particular section which cannot be resolved between the employees or their representative and the supervising staff, it shall be referred to the Designated Manager of the hospital, health institution or service unit or their nominee who will arrange for the matter to be discussed with the employee concerned and if requested a local representative or representatives of the Union.

 

(ii)      If the matter is not resolved within a reasonable time it must be referred by the Designated Manager to the Chief Executive Officer (however called) of the Public Health Organisation (or his or her nominee) and may be referred by the employee to the Union's Head Office. Discussions at this level must take place within a reasonable time with a view to resolving the issue in dispute. Failing settlement of the issue at this level, the matter shall be dealt with in accordance with subclause (iii) of this clause.

 

(iii)     With a view to amicable and speedy settlement of all disputes that firstly cannot be settled by a local management and the Union or its representatives, disputes may be submitted to a committee consisting of not more than six members with equal representation of the Secretary and the Union. Such committee shall have the power to investigate all matters in dispute and to report to the Public Health Organisation and the Union respectively, with such recommendations as it may think right and in the event of no mutual decision being arrived at by such a committee and if a dispute still exists the matter in dispute may be referred to the Industrial Relations Commission in accordance with the provisions of the Industrial Relations Act 1996 by one of the disputing parties.

 

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

 

(v)       Unless agreed otherwise by the parties the status quo must continue whilst these procedures are being followed. For this purpose "status quo" means the work procedures and practices in place:

 

(a)       immediately before the issue arose: or

 

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

 

The employer must ensure that all practices applied during the operation of these procedures are in accordance with safe working practices.

 

27.  Anti-Discrimination

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

NOTES -

 

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

 

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

 

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

 

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

 

(i)        Family and Community Services (FACS) Leave and Personal/Carer’s Leave are separate, stand alone entitlements.

 

(ii)      The provisions outlined in Parts A and B of this clause are available to all employees covered by this Award, other than casual employees as defined in subclause (iii) below.

 

(iii)     Casual employees as defined in the Health Industry Status of Employment (State) Award 2021, as varied or replaced from time to time, are entitled to the provisions outlined in Part C of this clause.

 

A.        FACS Leave

 

(i)        FACS Leave - General

 

(a)       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.

 

(b)       The employer 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).

 

(ii)      FACS leave replaces compassionate leave.

 

(iii)     An employee is not to be granted FACS leave for attendance at court to answer a criminal charge, unless the employer 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.

 

(iv)     FACS leave - entitlement

 

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

 

(1)       3 working days during the first year of service, commencing on and from 1 January 1995, and thereafter 6 working days in any period of 2 years; or

 

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

 

whichever method provides the greater entitlement.

 

(b)       For the purposes of calculating entitlements under (iv)(a)(1) and (2) above, a working day for employees working 38 hours per week shall be deemed to consist of 8 hours, and a working day for employees working 35 hours per week shall be deemed to consist of 7 hours. 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 working 35 hours per week will have an entitlement, in their first year of employment, to 21 hours of FACS leave. If the employee takes FACS leave for a full 7 hour shift, the employee would be debited 7 hours of FACS leave.

 

Example C: An employee, employed prior to 1 January 1995, applies for FACS leave on 20 February 1997. The employee is entitled to 6 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 6 days entitlement.

 

(c)       FACS leave is available to employees engaged in part-time work on a pro rata basis, based on the average number of ordinary 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 their first year of employment, of 18 hours of FACS leave. If the employee takes FACS leave for a full rostered shift e.g. of 4 hours, the employee would be debited 4 hours of FACS leave. Likewise, if the employee was rostered for 8 hours and was absent for the full 8 hours on FACS leave, he/she would be debited 8 hours of FACS leave.

 

(v)       Additional FACS leave for bereavement purposes

 

Where FACS leave has been exhausted, additional FACS leave of up to 2 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 subclause (i)(a) of Part A of this clause.

 

(vi)     Use of other leave entitlements

 

The employer 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

 

(i)        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:

 

(a)       a spouse of the employee; or

 

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

 

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

 

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

 

(e)       a relative of the employee who is a member of the same household, where for the 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.

 

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

 

(a)       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 (i) of Part B of this clause.

 

(b)       Other than a casual or any other 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.

 

(c)       Sick leave accumulates from year to year. In addition to the current year’s grant of sick leave available under (b) above, sick leave untaken from the previous 3 years may also be accessed by an employee with responsibilities in relation to a person who needs their care and support.

 

(d)       The employer 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 (c) above.

 

(e)       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.

 

(f)        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.

 

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

 

(h)       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.

 

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

 

(iii)     Use of other leave entitlements

 

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

 

(a)       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 5 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.

 

(b)       long service leave; or

 

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

 

C.        Entitlements for Casual Employees

 

(i)        Bereavement entitlements for casual employees

 

(a)       Casual employees are entitled to not be available to attend work or to leave work upon the death in Australia of a relative or member of a household as prescribed in paragraph (i)(a) of Part A of this clause.

 

(b)       The employer and the employee shall agree on the period for which the employee will be entitled to not be available to attend work. In the absence of agreement, the employee is entitled to not be available to attend work for up to 48 hours (i.e. two days) per occasion. The casual employee is not entitled to any payment for the period of non-attendance.

 

(c)       An employer must not fail to re-engage a casual employee because the employee accessed the entitlements provided for in this part. The rights of an employer to engage or not engage a casual employee are otherwise not affected.

 

(ii)      Personal carer’s entitlement for casual employees

 

(a)       Subject to the evidentiary and notice requirements in paragraphs (ii)(e) - (h) of Part B of this clause casual employees are entitled to not be available to attend work, or to leave work if they need to care for a person prescribed in subclause (i) of Part B of this clause who are sick and require care and support, or who require care due to an unexpected emergency, or the birth of a child.

 

(b)       The employer and the employee shall agree on the period for which the employee will be entitled to not be available to attend work. In the absence of agreement, the employee is entitled to not be available to attend work for up to 48 hours (i.e. two days) per occasion. The casual employee is not entitled to any payment for the period of non-attendance.

 

(c)       An employer must not fail to re-engage a casual employee because the employee accessed the entitlements provided for in this part. The rights of an employer to engage or not to engage a casual employee are otherwise not affected.

 

28A.  Family Violence Leave

 

(i)        The provisions outlined in the clause are available to all employees covered by this Award, other than casual employees as defined in subclause (ii) below.

 

(ii)      Casual employees as defined in the Health Industry Status of Employment (State) Award are entitled to the provisions outlined in subclauses (xi), (xii) and (xiii) of this clause.

 

(iii)     For the purpose of this clause, family violence means domestic violence as defined in the Crimes (Domestic and Personal Violence) Act 2007, as amended or replaced from time to time. The violence may have been reported to the police and/or may be the subject of an Apprehended Violence Order.

 

(iv)     An employee experiencing family and domestic violence can utilise Award leave entitlements provided for in Sick Leave and Family and Community Services Leave provisions of the Award.

 

(v)       Where leave entitlements to Sick Leave and Family and Community Services Leave are exhausted, the employer will grant up to five days per year of paid special leave to attend legal proceedings, counselling, appointments with a medical or legal practitioner and relocation and safety activities directly associated with alleviating the effects of family and domestic violence. This leave entitlement does not accumulate from year to year.

 

(vi)     Upon exhaustion of the paid leave entitlement, an employee may request further periods of unpaid leave, for the same activities for which paid leave would be available.

 

(vii)    To access paid and unpaid leave, the employee must provide the employer with evidence, to the employer’s satisfaction, substantiating the purpose of the leave and that the leave is related to alleviating the effects of family violence. The employer may accept a variety of agreed documentation in support of an application for leave. Supporting documentation may be presented in the form of an agreed document issued by the Police Force, a Court, a doctor, a Family Violence Support Service or a lawyer.

 

(viii)   Matters related to family violence can be sensitive. Information collected by the employer will be kept confidential. No information relating to the details of the family violence will be kept on an employee’s personnel file without their express permission. However, records about the use of family violence leave will need to be kept.

 

(ix)     The employer, where appropriate, may facilitate flexible working arrangements subject to operational requirements. This may include changes to working times and locations, telephone numbers and email addresses.

 

(x)       The employer will co-operate with all legal orders protecting an employee experiencing domestic violence.

 

Entitlement for Casual Employees

 

(xi)     Subject to the evidentiary requirements in subclause (v) of this clause, casual employees who are experiencing family and domestic violence as prescribed in subclause (a) of this clause are entitled to not be available to attend work or to leave work.

 

(xii)    The employer and the employee shall agree on the period for which the employee will be entitled to not be available to attend work. In the absence of agreement, the employee is entitled to not be available to attend work for up to 48 hours (i.e. two days) per occasion. The casual employee is not entitled to any payment for the period of non-attendance.

 

(xiii)   An employer must not fail to re-engage a casual employee because the employee accessed the entitlements provided for in this part. The rights of an employer to engage or not engage a casual employee are otherwise not affected.

 

29.  Union Representative

 

An employee appointed Union representative shall upon notification thereof in writing to the employer, be recognised as the accredited representative of the Union and shall be allowed the necessary time during working hours, to interview the employer on matters affecting employees.

 

30.  Notice Board

 

The hospital or health institution shall permit a lockable notice board of reasonable dimensions to be erected in a prominent position upon which the Union representative shall be permitted to post Union notices.

 

31.  Blood Count

 

Those employees who are regularly required to assist and/or work with the radiologist and/or radiographer in close proximity to diagnostic and/or therapeutic x-ray machines or any other form of radioactive irradiators may on request to the employer have a blood count carried out.

 

Employees required to work in areas where they are subject to a higher than normal risk of infection shall be given appropriate check-ups upon making application therefore to the employer.

 

32.  Infectious Cleaning

 

(i)        This clause applies to non-clinical employees who in any shift:

 

(a)       Perform cleaning duties in infectious areas: or

 

(b)       assist in the lifting and/or transporting of infectious patients.

 

(ii)      For the purposes of this clause:

 

(a)       an "infectious area" is one in which transmission-based precautions are required to be used;

 

(b)       an "infectious patient" is one in respect of whom transmission-based precautions are required to be used;

 

(c)       "transmission-based precautions" are those that are determined to be required in addition to standard precautions, in accordance with NSW Health Policy PD 2017_013 Infection Prevention and Control Policy, as amended or replaced from time to time;

 

(d)       an employee "performs cleaning duties" if they are employed in a role in which cleaning is the predominant or substantial responsibility. It does not encompass cleaning tasks that are incidental to, even if required as a consequence of, an employee’s core responsibilities;

 

(e)       an employee "assists in the lifting and/or transporting" of an infectious patient if they perform duties such as:

 

(1)       assisting to lift the patient out of bed, including through the use of lifting equipment, for showering or other personal health tasks;

 

(2)       transporting the patient within the ward, such as to the bathroom, or to other areas within the same Health Institution or Hospital;

 

(3)       transporting deceased patients to a mortuary; or

 

(4)       transporting patients in a motor vehicle.

 

(iii)     Employees who perform the duties described in subclause (i) will be paid an allowance as set in Item 47 of Table 1 - Other Rates and Allowances, of Part B, Monetary Rates. The allowance is payable once per shift, regardless of whether the employee performs the duties described in subclause (i) on more than one occasion during the shift.

 

(iv)     Employees are to be given the option of working in an infectious area (including working with an infectious patient). In the event of an employee declining to work in the infectious area, hospitals are to seek guidance from the employer.

 

(v)       Employees will be given training in infection control procedures, in accordance with NSW Health Policy PD 2017_013 Infection Prevention and Control Policy, as amended or replaced from time to time.

 

33.  Labour Flexibility

 

(i)        An employer may direct an employee to carry out such duties as are reasonable, and within the limits of the employee's skill, competence and training consistent with employee's classification, grouping and/or career stream provided that such duties are not designed to promote deskilling.

 

(ii)      An employer may direct an employee to carry out such duties and use such tools and equipment as may be required provided that the employee has been properly trained or has otherwise acquired the necessary skills in the use of such tools and equipment.

 

(iii)     Any direction issued by an employer pursuant to subclause (i) and (ii) shall be consistent with the employer's responsibilities to provide a safe and healthy work environment.

 

(iv)     Existing provisions with respect to the payment of higher duties allowances shall apply in such circumstances.

 

34.  Teleworking

 

(i)        "Teleworking" is the performance of job related work at a site away from the normal work location.

 

(ii)      Subject to agreement between the employer and the Union, teleworking may be introduced.

 

35.  Workforce Review

 

Any proposal to reorganise a Department or service that will significantly affect employees covered by the Union will be the subject of genuine consultation with the Union.

 

36.  Child Care

 

The parties agree to work together to examine methods of addressing the childcare needs of employees.

 

37.  Union Subscriptions

 

The employer agrees, subject to prior written authorisation by Union members, to deduct Union subscriptions from the pay of the authorising members and remit to the Union.

 

38.  Telephone Allowance

 

(i)        An employee required to answer emergency telephone calls on their private telephone outside of ordinary working hours, but not recalled to duty, shall be reimbursed rental charges on such telephone on production of receipted accounts.

 

(ii)      Provided that, where an employee is required to answer out of hours telephone calls on their private telephone on a relief basis they shall be paid one-twelfth of their yearly telephone rental for each month or part thereof they are so employed.

 

39.  Exemptions

 

This Award shall not apply to:

 

(a)       Members, novices or aspirants of religious orders in public hospitals, the names of whom are included or hereafter shall be included in Schedule 3 of the Health Services Act 1997.

 

(b)       Employees of Stewart House Preventorium.

 

40.  Maternity, Adoption and Parental Leave

 

A.        Maternity Leave

 

(i)        Eligibility for Paid Maternity Leave

 

To be eligible for paid maternity leave a full-time or permanent part-time employee must have completed at least 40 weeks continuous service prior to the expected date of birth.

 

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

 

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

 

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

 

(ii)       Portability of Service 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.

 

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:

 

(a)       service was on a full-time or permanent part-time basis:

 

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

 

(c)       the employee immediately commences duty with the new employer. There may be a break in service of up to two months before commencing duty with the new 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.

 

(iii)     Entitlement to Paid Maternity Leave

 

An eligible employee is entitled to fourteen weeks at the ordinary rate of pay from the date maternity leave commences. This leave may commence up to fourteen weeks prior to the expected date of birth.

 

It is not compulsory for an employee to take this period off work. However, if an employee decides to work during the nine weeks prior to the date of birth it is subject to the employee being able to satisfactorily perform the full range of normal duties.

 

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 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.

 

(iv)      Unpaid Maternity Leave

 

(a)       Full-time and permanent part-time employees who are entitled to paid maternity leave are entitled to a further period of unpaid maternity leave of not more than 12 months after the actual date of birth.

 

(b)       Full-time and permanent part-time employees who are not eligible for paid maternity leave are entitled to unpaid maternity leave of not more than 12 months.

 

(v)       Applications

 

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

 

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

 

(vi)      Variation After Commencement of Leave

 

After commencing maternity leave, an employee may vary the period of her maternity leave once only without the consent of her employer by giving the employer notice in writing of the extended period at least fourteen days’ before the start of the extended period. An employer may accept less notice if convenient.

 

An employee may extend the period of maternity leave at any time with the agreement of the employer.

 

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

 

(vii)    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.

 

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

 

When the employee has resumed duties, any period of full pay leave is counted in full for the accrual of annual leave, sick leave and long service 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, sick leave and long service leave.

 

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

 

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

 

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.

 

(ix)      Illness Associated with Pregnancy

 

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

 

Where an employee is entitled to paid maternity leave, but because of illness, is on sick, annual, long service leave, or sick leave without pay prior to the birth, such leave ceases nine weeks prior to the expected date of birth. The employee then commences maternity leave with the normal provisions applying.

 

(x)       Transfer to a More Suitable Position

 

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

 

(xi)      Miscarriages

 

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

 

(xii)    Stillbirth

 

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

 

(xiii)   Effect of Premature Birth on Payment of Maternity Leave

 

An employee who gives birth prematurely and prior to proceeding on maternity leave shall be treated as being on maternity leave from the date leave is commenced to have the child. Should an employee return to duty during the period of paid maternity leave, such paid leave ceases from the date duties are resumed.

 

(xiv)   Right to Return to Previous Position

 

In accordance with the obligations set out in Section 66 of the Industrial Relations Act 1996, an employee returning from maternity leave has the right to resume her former position.

 

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

 

(xv)     Further Pregnancy While on Maternity Leave

 

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

 

An employee who commences a subsequent period of maternity leave while on unpaid maternity leave under paragraph (iv)(a) of Part A of this clause or paragraph (i)(b) 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).

 

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 (i)(c) of Part D of this clause is entitled to be paid at their substantive full-time rate for the subsequent period of maternity leave..

 

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 (i)(c) 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.

 

B.        Adoption Leave

 

(i)        Eligibility

 

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 eligible for unpaid adoption leave.

 

To be eligible for paid adoption leave a full-time or permanent part-time employee must also have completed at least 40 weeks continuous service prior to the date of taking custody of the child.

 

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

 

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

 

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

 

(ii)       Portability of Service for Paid Adoption Leave

 

As per maternity leave conditions.

 

(iii)     Entitlement

 

(a)       Paid Adoption Leave

 

Eligible employees are entitled to paid adoption leave of fourteen weeks at the ordinary rate of pay from and including the date of taking custody of the child.

 

Paid adoption leave may be paid: -

 

on a normal fortnightly basis; or

 

in advance in a lump sum; or

 

at the rate of half pay over a period of twenty-eight 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.

 

(b)       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.

 

(iv)      Applications

 

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

 

(v)       Variation after Commencement of Leave

 

After commencing adoption leave, an employee may vary the period of leave, once without the consent of the employer and otherwise with the consent of the employer. A minimum of fourteen days’ notice must be given, although an employer may accept less notice if convenient.

 

(vi)      Staffing Provisions

 

As per maternity leave conditions.

 

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

 

As per maternity leave conditions.

 

(viii)   Right to Return to Previous Position

 

As per maternity leave conditions.

 

C.        Parental Leave

 

(i)        Eligibility

 

To be eligible for parental leave a full-time or permanent part-time employee must have completed at least 40 weeks continuous service prior to the expected date of birth or to the date of taking custody of the child.

 

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

 

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

 

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

 

(ii)       Portability of Service for Paid Parental Leave

 

As per maternity leave conditions.

 

(iii)     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:

 

(a)       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), and

 

(b)       a further unbroken period in order to be the primary caregiver of the child (extended parental leave).

 

(c)       The entitlement of one week’s paid leave may be taken at anytime within the 52 week period and shall be paid:

 

at the employees' 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.

 

(d)       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 provided for in paragraph (i)(a) of Part D, Right to Request, of this clause.

 

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

 

(iv)      Applications

 

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.

 

(a)       In the case of extended parental leave, the employee should give written notice of the intention to take the leave.

 

(b)       The employee must, at least four weeks before proceeding on leave, give written notice of the dates on which they propose to start and end the period of leave, although 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.

 

(c)       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.

 

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

 

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

 

(ii)      that they are seeking the period of extended parental leave to become the primary care giver of the child.

 

(v)       Variation after Commencement of Leave -

 

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

 

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

 

As per maternity leave conditions.

 

(vii)    Right to Return to Previous Position

 

As per maternity leave conditions.

 

D.        Right to Request

 

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

 

(a)       to extend the period of simultaneous maternity, adoption or parental leave use up to a maximum of eight weeks;

 

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

 

(c)       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.

 

(ii)       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.

 

(iii)     The employee’s request and the employer’s decision made under paragraphs (i)(b) and (c) must be recorded in writing.

 

(iv)      Where an employee wishes to make a request under paragraph (i)(c):

 

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

 

(b)       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.

 

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

 

(d)       employees who return from leave under this arrangement remain full-time employees. Therefore, the payment of any part-time allowance to such employees does not arise.

 

E.        Communication During Leave

 

(i)        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:

 

(a)       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 the leave; and

 

(b)       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.

 

(ii)       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 return to work and whether the employee intends to request to return to work on a part-time basis.

 

(iii)     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 (i).

 

NOTE:

 

(a)       The entitlement to maternity, adoption and parental leave for part-time employees who receive an adjusted hourly rate (as defined in clause 6, Part 2, of this Award), along with casual employees, are in accordance with the provisions of Part 4, Parental Leave of the Industrial Relations Act 1996 and/or Determination made under the Health Services Act 1997.

 

(b)       Where a casual employee is entitled to parental leave under the Industrial Relations Act 1996, the following provisions shall also apply in addition to those set out in the Act.

 

An employer must not fail to re-engage a casual employee because:

 

the employee or employee’s spouse is pregnant; or

 

the employee is or has been immediately absent on parental leave.

 

The rights of the employer in relation to engagement and re-engagement of casual employees are not affected, other than in accordance with this clause.

 

(c)       Part-time employees who receive an adjusted hourly rate are also entitled to the provisions of Part D, Right to Request and Part E, Communication During Leave, of this clause.

 

(d)       Liability for Superannuation Contributions

 

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

 

41.  Lactation Breaks

 

(i)        This clause applies to employees who are lactating mothers. A lactation break is provided for breastfeeding, expressing milk or other activity necessary to the act of breastfeeding or expressing milk and is in addition to any other rest period and meal break as provided for in this Award.

 

(ii)      A full-time employee or a part-time employee working more than four hours per day is entitled to a maximum of two paid lactation breaks of up to 30 minutes each per day or per shift.

 

(iii)     A part-time employee working four hours or less on any day or shift is entitled to only one paid lactation break of up to 30 minutes each per day or per shift worked.

 

(iv)     A flexible approach to lactation breaks can be taken by mutual agreement between an employee and their manager provided the total lactation break time entitlement is not exceeded. When giving consideration to any such requests for flexibility, a manager needs to balance the operational requirements of the organisation with the lactating needs of the employee.

 

(v)       The employer shall provide access to a suitable, private space with comfortable seating for the purpose of breastfeeding or expressing milk. Other suitable facilities, such as refrigeration and a sink, shall be provided where practicable. Where it is not practicable to provide these facilities, discussions between the manager and the employee will take place to attempt to identify reasonable alternative arrangements for the employee’s lactation needs.

 

(vi)     Employees experiencing difficulties in effecting the transition from home based breastfeeding to the workplace will have telephone access in paid time to a free breastfeeding consultative service, such as that provided by the Australian Breastfeeding Association’s Breastfeeding Helpline Service or the Public Health System.

 

(vii)    Employees needing to leave the workplace during time normally required for duty to seek support or treatment in relation to breastfeeding and the transition to the workplace may utilise sick leave or other leave in accordance with the Award.

 

42.  Study Time

 

(i)        Eligibility - Study time may be granted by the employer to full-time employees undertaking part-time courses of study, in disciplines appropriate to health services, for which approval to enrol has been given by the employer.

 

Employees proposing to embark upon a course of study for which the employer’s support is sought should consider the extent to which their own time will need to be applied to study, and whether they are prepared and able to firmly commit that time for the duration of the course. They should also consider whether the content of the course is appropriate to their employment situation, either present or contemplated, and whether attainment of the qualification will be of benefit to them in their work.

 

Having decided to undertake the course they should discuss the proposal with the employer and secure approval before making any final arrangements for enrolment or registering for the course.

 

The employer is required to examine the appropriateness of the course considered by any full-time employee, and be satisfied that it will better qualify the employee for service within the New South Wales public health system, before giving the approval and committing the employer to support in the form of study time. The employer should, too, ensure that such study time will not interfere with the maintenance of the Public Health Organisation’s essential service, nor require the employment of additional staff.

 

The application form for study time can be obtained from the employee’s Public Health Organisation.

 

Study time and/or paid time off for course work will only be granted in respect of one course at any one time. An employee who is undertaking two or more courses concurrently will not in any circumstances be granted paid study time for more than one.

 

(ii)      Financial Assistance - It is to be noted that employees who undertake courses associated with part-time and external studies are not entitled to any financial assistance regarding reimbursement of fees, travelling, etc. (see Section 6 of the NSW Policy Directive PD2023_006 Leave Matters for the NSW Health Service, as amended or replaced from time to time).

 

(iii)     Extent of Entitlement - For face-to-face studies in courses conducted by universities, or technical and further education colleges, employees are eligible for a maximum of four hours’ paid study leave per week to attend lectures held in working hours, and for necessary travelling time involved. Any absence from duty in excess of this limit is to be made up.

 

Where lectures are held outside working hours or during a combination of working and non-working hours an employee may be granted paid study time on the basis of one half-hour for each hour of compulsory attendance at after-hours lectures. Travel time necessary to attend lectures may also be granted, but the aggregate of paid time off under this provision is not to exceed four hours per week. Any absence from duty in excess of this limit is to be made up.

 

For employees undertaking an approved course by correspondence, or as "external students", study time may be granted on the basis of one quarter hour for each hour of lecture time in the face-to-face course, to a maximum of four hours per week.

 

However, where external students are required to compulsorily attend a residential school or practical session, they will be granted leave on the basis of five days per subject per year, or 2 ½ days per subject per semester; this leave will be in substitution for, and not additional to, study time which might otherwise have been granted on a weekly basis. Any extra time involved is to be debited against the employee’s accrued annual leave or taken as leave without pay.

 

It should be noted that study time may be granted, and taken, only once in respect of any course subject. Any student, therefore, who fails to pass in a subject at the first attempt, and is required to repeat that subject, shall not be eligible for paid study time in respect of that repeat.

 

This applies even though the repeat involved attendance at lectures in working hours (in which case all time off for repeat studies must be made up) or compulsory attendance at a residential school (in which case the time off must all be made up, taken as leave without pay or annual leave).

 

However, a student who is taking a combination of new and repeated subjects in any semester or course year is eligible for study time in respect of the new subject/s. Study time shall not be granted or taken during course vacations.

 

A student in a course which involves compulsory attendance at a field day or days may be granted study time to attend; leave for this purpose is limited to seven hours on any one day, and where a field day occurs on a non-working day no time-off in lieu is to be allowed. Where the aggregate time off for course purposes exceeds four hours in any one week, the excess is required to be made up; however, reference should be made to sub-clause (iv) of this clause for certain conditions relating to the making-up of time off for study purposes.

 

The employer must satisfy themselves that applicants for study time are required to attend lectures, field days or residential schools at the times stated in their applications.

 

Entitlements for employees undertaking higher degree studies differ from those dealt with above; these are as set out in subclause (vii) of this clause.

 

(iv)     Making Up of Time - Employees who are absent from duty for more than the maximum four hours in any week are required to make up the excess time off.

 

However, the maximum excess time off taken in any one week which is required to be made up is five hours; where the excess time off necessarily taken by an employee for course purposes exceeds nine hours per week the hours over nine hours are abandoned.

 

Let us consider, as an illustration of the principles involved, the case of employees who attend four hours of face-to-face lectures, and also are required to attend a field day in that same week:

 

¬  4 hours lectures	¬  8 hours field day	®
¬  4 hours paid leave	¬  7 hours (max) paid leave 1 unpaid	®

 

4 hours

5 hours

2 hours

1 hour

 

¬  max for week

¬  5 hours (max) made up

¬  abandoned

®

 

It will be seen that the employees have been granted time off, as paid study time to attend lectures. They then are required to attend a field day of eight hours’ duration, and they are paid for seven hours, which is the maximum allowed for attendance at a field day. They have, therefore, done course work for 12 hours in that week and have been paid the maximum allowable aggregate of 11 hours. They are then required to make up the maximum of five hours’ excess (in any one week), and the remainder (two hours) is abandoned; they are not required to make it up either in this week nor at any future time. As a general rule, time must be made up as soon as possible after the leave has been taken; it cannot be made up in advance, except in the week in which the excess time off is to be taken, but make-up may be deferred, if convenient to the employer, until a later day (e.g. during vacations). Time off is not permitted to be made up during meal breaks.

 

Adequate supervision of the make-up of time must be exercised, either through the personal attendance of a senior officer or by a check on output.

 

Despite the provisions of this section, all paid time off for course work in repeated subjects must be made up, however it may be; the five hours’ limitation does not apply to repeated subjects. This time off should be made up as soon as possible, or at the employer’s convenience.

 

(v)       Accumulation of Study Time - Study time may be accumulated to a maximum of five days per year (or two and a half days per semester) subject to the approval and convenience of the employer and a request by the employee.

 

It will be remembered that employees engaged in courses requiring compulsory attendance at a residential school are not eligible for weekly study time, but are allowed a maximum of five days per subject per year (or two and a half days per subject per semester) to attend those schools.

 

Employees, other than those covered in the second paragraph of this Section, who are entitled to less than two hours’ study leave per week may elect to accumulate that time and taken it in half-day or one-day periods if they feel that this will be more beneficial to their studies.

 

Where students believe that their course requirements and/or personal circumstances are such that they would benefit more by accruing study time rather than taking it weekly, they may be granted a consolidated period not exceeding five days per year (or two and a half days per semester) in substitution for weekly study time, and may take this leave either prior to or during examinations.

 

Students who receive some paid study time weekly for lecture attendance and/or travelling time during working hours, and also have some additional entitlement (e.g. from attendance at out-of-hours lectures) may convert the additional entitlement to a five-days-per-annum grant if they so desire.

 

Approval to accrue five (or two and a half) days’ study time as provided above should be sought at the beginning of each course year. However, a student who elects to accrue at the beginning, or vice versa, may opt to reverse that decision, as from 1 July, for the remainder of the year.

 

The employer, in giving approval for the accrual of study time, should ensure that the Public Health Organisation will not be inconvenienced, nor the maintenance of its essential operations jeopardised, by such arrangement, and that there will be no need to employ relief staff.

 

However, where approval is initially given, the employer is required to honour its undertaking for the agreed period even though circumstances may alter and the employee’s absence then becomes inconvenient. If the employer declines an employee’s request for approval of accumulation of study time it is obliged to grant such time on a weekly basis.

 

Employees undertaking a course who join the staff after the commencement of the course year (e.g. by transfer from another Public Health Organisation) may apply on 1 July of that year to accumulate their study time.

 

(vi)     External Studies - Employees may enrol, subject to approval by the employer, as external students in courses of study leading to a first or further qualification other than a higher degree. These courses may be taken through a university.

 

Such a course does not usually require the student to attend lectures during the course year or semester, but usually does require compulsory attendance at a residential school at least once during each year or semester.

 

Study time is to be granted on the basis of five days per subject per year, or two and a half days per subject per semester, and it is to be made available to the employee to attend the school or schools held. This leave is in substitution for, and not additional to, leave which might otherwise be granted on a weekly basis.

 

Students attending residential schools do not receive any allowance for travelling accommodation or incidental costs.

 

(vii)    Part-Time Higher Degree Studies - The provisions for study time for employees undertaking higher degree studies are altogether different from the provisions already described except for courses which involve face-to-face instruction.

 

The following grants of study time represent the maximum grant available for higher degree studies, and the periods of leave may be taken as required by the employee subject to the convenience of the employer:

 

(a)       Employees studying entirely by thesis may be granted a period of ten days’ study time.

 

(b)       For study entirely by research and thesis there is an entitlement of twenty days’ leave; in these cases a further ten days’ leave may be granted where the employer is satisfied that the nature and progress of the research warrants further study time.

 

(c)       For study which involves course work followed by the preparation of a thesis necessitating further research, employees may be granted weekly study time for the course work, where appropriate, and may also be granted a further ten days’ leave for the preparation of the thesis.

 

(d)       Periods of ten days’ and 20 days’ study time must be taken as units - not as scattered or random days towards the total entitlement, and apply to the thesis, not per year.

 

(viii)   Examination Leave - Employees Attending Terminal Examinations in Approved Tertiary Courses May be Granted Pre-Examination and Examination Leave on the following basis: -

 

Half-day examination leave for an examination in the morning - no pre-examination leave in this case except where the employee works an evening shift on the evening prior, when the equivalent of one-half days’ leave may be granted.

 

In the case of half day examination leave in the afternoon the employee may be granted half day pre-examination leave in the same morning. Where examinations are held in the evening, employees may be granted half day pre-examination leave on the afternoon of the same day.

 

A terminal examination is one which occurs at the end of the subject and must be passed for the subject to be completed and the student to progress further; or one set during the course which forms an integral part of the major examination or final assessment in that subject and which the student must take in order to pass that subject in an academic year.

 

Where an examination is conducted within the normal class timetable during term and study time is granted to the employee for either private study or actual lecture attendance, no examination leave or pre-examination leave is to be granted.

 

Pre-examination leave is not to be granted where study time has been refused, except in respect of repeat studies in a course normally attracting that concession.

 

Employees undertaking courses either by correspondence or by face-to-face studies may be granted leave for examinations, including deferred examinations as well as repeat studies in respect of the above courses.

 

43.  Trade Union Leave

 

(i)        Eligibility - Applies to members of the Union accredited by the Union as a delegate.

 

(ii)      Paid Special Leave - Paid special leave is available for attendance at:

 

(a)       annual or bi-annual conferences of the delegate’s union; and

 

(b)       meetings of the union’s executive/Committee of Management; or

 

(c)       annual conference of Unions NSW; or

 

(d)       bi-annual conference of the Australian Council of Trade Unions.

 

(iii)     Limits - There is no limit on the special leave that could be applied for or granted. It is expected, however, that the leave would be kept to a minimum and that, on average, not more than 5 days special leave per year would need to be taken.

 

(iv)     Responsibilities of the Union Delegate - Responsibilities of the union delegate are:

 

(a)       to establish accreditation as a delegate with the union;

 

(b)       to provide sufficient notice of absence to the employer; and

 

(c)       to lodge a formal application for special leave.

 

(v)       Responsibilities of the Union - Responsibilities of the union are:

 

(a)       to provide documentary evidence to the employer about an accredited delegate in sufficient time to enable the employer to make arrangements for performance of duties;

 

(b)       to meet all travelling, accommodation and any other costs incurred by the accredited delegate; and

 

(c)       to provide the employer with confirmation of attendance of the accredited delegate.

 

(vi)     Responsibilities of the Employer - Responsibilities of the employer are;

 

(a)       to release the accredited delegate for the duration of the conference or meeting;

 

(b)       to grant special leave (with pay); and

 

(c)       to ensure that the duties of the absent delegate are performed in their absence, if appropriate.

 

(vii)    Period of Notice - Generally, dates of conferences or meetings are known well in advance and it is expected that employers would be notified as soon as accreditation has been given to a delegate or at least two weeks before the date of attendance.

 

Where extraordinary meetings are called at short notice, a shorter period of notice would be acceptable, provided such notice is given to the employer as soon as advice of the meeting is received by the accredited delegate.

 

(viii)   Travel Time - Where a delegate has to travel to Sydney, inter or intra state, to attend a conference or meeting, special leave will also apply to reasonable travelling time to and from the venue of the conference or meeting.

 

No compensation, such as time off in lieu, is to be provided if travel can be and is undertaken on an accredited delegate’s non-working day or before or after their normal hours of work.

 

(ix)     Payment of Allowances - No allowances will be claimable in cases of special leave granted for attendance at union conferences or executive meetings covered by this clause - see also sub-clause (v) of this clause.

 

44.  Salary Sacrifice to Superannuation

 

(i)        Notwithstanding the salaries as varied from time to time, prescribed in the Awards identified in clause 49, Area, Incidence and Duration, of this Award, 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 relevant Award 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 45, Salary Packaging, of this Award may be made up to one hundred (100) per cent of the salary payable under the relevant salaries clause, or up to one hundred (100) per cent 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 salaries clause of the relevant Award 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 the relevant salaries 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.

 

45.  Salary Packaging

 

(i)        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 per cent of salary.

 

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

 

(ii)      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 the relevant salaries 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 the appropriate salaries Award, and which shall include ‘approved employment benefits’ which refer to fringe benefit savings, administration costs, and the value of packaged benefits.

 

(iii)     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.

 

(iv)     The salary packaging scheme utilises a fringe benefit taxation exemption status conferred on public hospitals and area health services, 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.

 

(v)       The parties agree that the application of the fringe benefits tax exemption status conferred on public hospitals and area health services is subject to prevailing Australian taxation laws.

 

(vi)     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, as amended or replaced from time to time.

 

(vii)    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.

 

(viii)   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.

 

(ix)     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.

 

46.  Reasonable Hours

 

(i)        Subject to subclause (ii) the 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.

 

47.  Induction and Orientation

 

The employer agrees that Orientation/Induction shall be provided to all employees covered by this Award. The employer further agrees that the Union shall have up to one half-hour made available for a presentation on the role of the Union in such a program provided to employees. If such programs are provided to employees by electronic or remote means, the Union’s presentation and associated literature will also be included.

 

48.  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.

 

49.  Area, Incidence and Duration

 

(i)        This Award takes effect from 1 July 2023 and shall remain in force for a period of one year. The allowances in the second column in Table 1 of Part B - Monetary Rates will apply from the first full pay period on or after (ffppoa) 1 July 2023.

 

(ii)      This Award rescinds and replaces the Health Employees Conditions of Employment (State) Award 2022 published 4 November 2022 (393 I.G. 1) and all variations thereof.

 

(iii)     This Award shall apply to persons employed in classifications contained in the following so listed Awards, as varied or replaced from time to time, employed in the NSW Health Service under section 115(1) of the Health Services Act 1997, or their successors, assignees or transmittees, excluding the Country of Yancowinna.

 

Health Employees (State) Award 2023

 

Health Employees General Administrative Staff (State) Award 2023

 

Health Employees Administrative Staff (State) Award 2023

 

Health Employees Technical (State) Award 2023

 

Health Employees Engineers (State) Award 2023

 

Health Employees Pharmacists (State) Award 2023

 

Health Employees Medical Radiation Scientists (State) Award 2023

 

Health Employees Computer Staff (State) Award 2023

 

Health Managers (State) Award 2023

 

Health Employees Interpreters (State) Award 2023

 

Public Hospital Residential Services Assistant (State) Award 2023

 

NSW Health Service Allied Health Assistants (State) Award 2023

 

NSW Health Service Health Professionals (State) Award 2023 in relation to diversional therapists and orthotists/prosthetists only.

 

(iv)     This Award includes changes made, with effect from 19 April 2018, in respect of cl. 3(xiii); cl. 12(vii); and cl. 49(iii) in consequence of the making of the NSW Health Service Allied Health Assistants (State) Award 2018.

 

PART B

 

MONETARY RATES

 

In the period 1 July 2023 to the commencement of the first full pay period on or after 1 July 2023, the applicable rates of pay are those that applied immediately prior to the first full pay period on or after 1 July 2023

 

Table 1 - Other Rates and Allowances

 

 

* NB: These allowances are varied in accordance with Treasury Circular C2021-03 Meal, Traveling and other Allowances for 2020-21, as varied or replaced from time to time.

 

** Allowances payable are determined as per movements occurring from time to time within the Public Health Service Skilled Trades (State) Award 2021, as varied or replaced from time to time.

 

 

 

N. CONSTANT, Chief Commissioner

 

 

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Printed by the authority of the Industrial Registrar.