Public Health System Nurses' and Midwives' (State) Award 2023
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH
WALES
Application by NSW Ministry of Health.
(Case No. 215171 of 2023)
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Before Chief Commissioner
Constant
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13
September 2023
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AWARD
PART
A
1. Arrangement
Clause No. Subject
Matter
1. Arrangement
2. No Extra Claims
3. Definitions
4. Hours of Work and Free Time of Employees
Other Than Directors of Nursing and Area Managers, Nurse Education
4A. Multiple Assignments
5. Pilot Roster Projects
6. Introduction of Change
7. Hours of Work and Free Time of Directors
of Nursing and Area Managers, Nurse Education
8. Rosters
9. Salaries
10. Salary Sacrifice to Superannuation
11. Leave for Matters arising from Domestic
and Family Violence
12. Special Allowances
13. Continuing Education Allowance
14. Climatic and Isolation Allowances
15. Penalty Rates for Shift Work and Weekend
Work
16. Fares and Expenses
17. Special Rates and Conditions
18. Telephone Allowance
19. Work Health and Safety for Employees of
Contractors and Labour Hire Business
20. Mobility, Excess Fares & Travelling
21. Car Allowance
22. Provision of Communication Device
23. Uniform and Laundry Allowances
24. Higher Grade Duty
25. Overtime
26. Escort Duty
27. Payment and Particulars of Salaries
28 Registration Pending
29. Part-time, Casual and Temporary Employees
30. Annual Leave
31. Annual Leave Loading
32. Family and Community Services Leave and
Personal/Carers’ Leave
33. Long Service Leave
34. Maternity, Adoption and Parental Leave
35. Military Leave
36. Repatriation Leave
37. Sick Leave
38. Accommodation and Board
39. Grading Committee
40. Grading of Nurse/Midwife Manager Positions
41. Deputy Directors of Nursing, Assistant
Directors of Nursing
42. Proportion
43. Medical Examination of Nurses
44. Domestic Work
45. Termination of Employment
46. Labour Flexibility
47. Right of Entry
48. Disputes
49. Anti-discrimination
50. Exemptions
51. Salary Packaging
52. Deduction of Union Membership Fees
53. Staffing Arrangements
54. Trade Union Activities
55. Learning and Development Leave
56. Career Break Scheme
57. Supernumerary Time
for New Graduates
58. Commitments During Life of this award
59. Area, Incidence and Duration
PART B
MONETARY RATES
Table 1 -
Salaries
Table 2 - Other
Rates and Allowances
2. No Extra Claims
Other than as
provided for in the Industrial Relations Act 1996 (NSW), there must 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, except as provided for in the Memorandum of Understanding
between the Association and the NSW Ministry of Health dated 29 August 2023
regarding the implementation of Safe Staffing Levels within the Award.
3. Definitions
Unless the context
otherwise indicates or requires, the several expressions hereunder defined will
have the respective meanings assigned to them:
"ADA"
means the adjusted daily average of occupied beds, calculated in accordance
with the following formula:
ADA = Daily Average
+ Neo-natal Adjustment + Non-inpatient Adjustment
Where:
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Daily Average
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=
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Total Occupied Bed Days for the Period
Less Unqualified Baby Bed Days
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|
|
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Number of Days in the Period
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|
|
|
|
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Neo-natal Adjustment
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=
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Total Bed Days of Unqualified Babies
for the Period
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|
|
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2 X Number of Days in the Period
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|
|
|
|
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Non-inpatient
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=
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Total NIOOS Equivalents for the Period
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|
|
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10 X Number of Days in the Period
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Note: Total NIOOS
Equivalents for the Period equals the individual NIOOS plus the equivalent
number of Group NIOOS (Non-inpatient Group Sessions * 1.3) plus the equivalent
number of Dental NIOOS (Non-inpatient Dental Flow * 3.8).
"AHPRA"
means the Australian Health Practitioner Regulation Agency.
"Ambulance
Service" means the Ambulance Service of NSW.
"Area Manager,
Nurse/Midwife Education" - refer to Schedule 1, Nurse Managers.
"Assistant in
Nursing/Midwifery" means a person, other than a registered nurse, Enrolled
Nurse or Enrolled Nurse without medication qualification who is employed in
nursing/midwifery duties in a public hospital or public health organisation.
"Assistant Director
of Nursing/Midwifery" - refer to Schedule 1, Nurse Managers.
"Association"
means the New South Wales Nurses and Midwives’ Association and the Australian
Nursing and Midwifery Federation NSW Branch (ANMF NSW Branch).
"Association
delegate" means a trade union delegate accredited by the Association
including but not limited to a Branch Official, Councillor or workplace
representative of the Association.
"Board"
means the Nursing and Midwifery Board of Australia and will also be taken to
mean a reference to AHPRA as appropriate/applicable.
"Career Break
Scheme" means a scheme where employees may apply for an option to defer
twenty per cent of their salary for four years and be paid this deferred salary
in the fifth year.
"Clinical
Nurse Educator/Clinical Midwife Educator" means a Registered Nurse/Midwife
appointed to a position classified as such and who holds relevant clinical or
education post registration qualifications or such education and clinical
experience deemed appropriate by the employer.
The Clinical Nurse
Educator/Clinical Midwife Educator is required to deliver and evaluate clinical
education programs at the ward/unit level.
The Clinical Nurse
Educator/Clinical Midwife Educator will provide for the delivery of clinical
nurse/midwife education in the ward/unit level, and performs the following
functions at that level:
• Delivers competent nursing education
in the ward/unit;
• Contributes to the development of
colleagues;
• Supports less experienced staff and
acts as preceptor for new staff;
• Acts as the preceptor in orientations
to the ward/unit;
• Provides day to day clinical education
support in the ward/unit;
• Provides one on one informal
education;
• Provides support for skill development
in clinical procedures;
• Provides support for professional
development;
• Provides support for clinical policy
development;
• Provides a ward/unit based in-service
program.
The provision of
direct clinical care by Clinical Nurse Educator/Clinical Midwife Educator
should be for the purpose of providing clinical education to other
employees. Direct clinical care will be
limited to emergency circumstances only.
Incremental progression
to the 2nd year and thereafter rate will be upon completion of 12 months
satisfactory full-time service.
"Clinical
Nurse Specialist/Clinical Midwife Specialist Grade 1" means: a Registered
Nurse/Midwife who applies a high level of clinical nursing knowledge,
experience and skills in providing complex nursing/midwifery care directed
towards a specific area of practice, a defined population or defined service
area, with minimum direct supervision.
A Clinical Nurse
Specialist/Clinical Midwife Specialist Grade 1 will satisfy the following
minimum criteria:
Relevant
post-registration qualifications and at least 12 months experience working in
the relevant clinical area of their post-registration qualification; or four
years post- registration experience, including three years’ experience in the
relevant specialist field.
A Clinical
Nurse Specialist/Clinical Midwife Specialist Grade 1 is distinguished from an
8th Year Registered Nurse/Midwife by being required to satisfy the following
criteria:
(a) actively contributes to the development
of clinical practice in the ward/unit/service;
(b) acts as a resource and mentor to others in
relation to clinical practice; and
(c) actively contributes to their own
professional development.
Clinical Nurse Specialist/Clinical
Midwife Specialist Grade 1 is a personal grading.
"Clinical Nurse Specialist/Clinical Midwife
Specialist Grade 2" means: a Registered Nurse/Midwife appointed to a
position classified as such with relevant post-registration qualifications and
at least 3 years’ experience working in the clinical area of their specified
post-graduate qualification, or such other qualifications or equivalent
experience deemed appropriate by the public hospital or public health
organisation.
The Clinical Nurse Specialist/Clinical
Midwife Specialist Grade 2 classification encompasses the Clinical Nurse
Specialist/Clinical Midwife Specialist Grade 1 role criteria and is
distinguished from a Clinical Nurse Specialist/Clinical Midwife Specialist
Grade 1 by the following additional role characteristics:
Exercises
extended autonomy of decision making;
Exercises
professional knowledge and judgement in providing complex care requiring
advanced clinical skills and undertakes one of the following roles:
leadership in
the development of nursing specialty clinical practice and service delivery in
the ward/unit/service; or
specialist
clinical practice across a small or medium sized health
facility/sector/service; or
primary case
management of a complete episode of care; or
primary case
management of a continuum of specialty care involving both inpatient and
community based services; or
an authorised
extended role within the scope of Registered Nurse/Midwifery practice.
Incremental
progression to the second year and thereafter rate will be upon completion of
12 months satisfactory full-time service (or pro rata part time service).
"Clinical
Nurse Consultant/Clinical Midwife Consultant Grade 1" means: a registered
nurse/midwife appointed as such to a position approved by the public hospital
or public health organisation, who has at least 5 years full time equivalent
post registration experience and in addition who has approved post registration
nursing/midwifery qualifications relevant to the field in which he/she is
appointed, or such other qualifications or experience deemed appropriate by the
public hospital or public health organisation.
"Clinical
Nurse Consultant/Clinical Midwife Consultant Grade 2" means: a registered
nurse/midwife appointed as such to a position approved by the public hospital
or public health organisation, who has at least 5 years full time equivalent
post registration experience, with at least 3 years full time equivalent
experience in the specialty field. In addition, the employee must have approved
postgraduate nursing/midwifery qualifications relevant to the field in which
he/she is appointed, or such other qualifications or experience deemed
appropriate by the public hospital or public health organisation. An employer may also require a higher
qualification in the specialist nursing field where such a qualification is
considered essential for the performance of the individual position.
"Clinical
Nurse Consultant/Clinical Midwife Consultant Grade 3" means: a registered
nurse/midwife appointed as such to a position approved by the public hospital
or public health organisation, who has at least 7 years full time equivalent
post registration experience, with at least 5 years full time equivalent
experience in the specialty field. In addition the employee must have approved
postgraduate nursing/midwifery qualifications relevant to the field in which
he/she is appointed or such other qualifications or experience deemed
appropriate by the public hospital or public health organisation. An employer may also require a higher
qualification in the specialist nursing field where such a qualification is
considered essential for the performance of the individual position.
"Day
Worker" means a worker who works her/his ordinary hours from Monday to
Friday inclusive and who commences work on such days at or after 6am and before
10am, otherwise than as part of the shift system.
"Deferred
Salary Leave Year" means the fifth year of the career break scheme where
the employee is absent from work and receives the deferred salary from the
previous four years through participation in the Career Break Scheme. This year
cannot be compressed into a period of less than twelve months.
"Deputy
Director of Nursing" - refer to Schedule 1, Nurse/Midwife Managers.
"Enrolled
Nurse without medication qualification" means a person registered by the
Board as an enrolled nurse with the notation "does not hold a Board
approved qualification in medicines administration".
"Enrolled
Nurse" means a person registered by the Board as an enrolled nurse.
"Enrolled
Nurse without medication qualification - Special Grade" means an Enrolled
Nurse without medication qualification, with an Advanced Certificate
qualification and a minimum of six years full time equivalent post enrolment
experience, including three years full time equivalent experience in the
relevant clinical area. Such a nurse is appointed to a position established by
a public hospital or public health organisation which satisfies the criteria as
agreed between the Association and the Ministry from time to time.
"Enrolled
Nurse - Special Grade" means an Enrolled Nurse with an Advanced Certificate
qualification and a minimum of six years full time equivalent post enrolment
experience, including three years full time equivalent experience in the
relevant clinical area. Such a nurse is appointed to a position established by
a public hospital or public health organisation which satisfies the criteria as
agreed between the Association and the Ministry from time to time.
"Experience"
in relation to an assistant in nursing, means experience both before and/or
after the commencement of this award, whether within New South Wales or
elsewhere and, in the case of an Enrolled nurse, an Enrolled Nurse without
medication qualification or assistant in nursing who was formerly a student
nurse, includes experience as such student nurse.
"Flight
Nurse" means a dual registered nurse and midwife engaged as such and
engaged with NSW Ambulance.
"Flight
Hours" means all time spent whilst in flight on an aircraft transporting
patients or in transit to pick up patients.
"Ground
Hours" for Flight Nurses means all time spent at an airport preparing for
a flight or a series of flights, and includes generally preparing and
restocking aircraft on return to home base; attending to clerical work
pertaining to flights and other general duties normally undertaken by a Flight
Nurse, including but not limited to the sterilisation of stock, maintenance and
care of special nursing equipment, cleaning the nursing sections of the
aircraft; caring of patients at terminals until the patient is transferred to
hospital or at the commencement of a flight; supervising and assisting in
loading and unloading of patients; escorting seriously ill patients to hospital
in a road ambulance.
"Health
service" means any of the following:
(a) any hospital service
(b) any medical service
(c) any paramedical service
(d) any community health service
(e) any environmental health service
(f) any other service (including any service
of a class or description prescribed by the Regulations of the Health
Service Act 1997 (NSW)) relating to the maintenance or improvement of the
health, or the restoration to health, of persons or the prevention of disease
in or injury to persons.
"Industry of
nursing" means the industry of persons engaged in New South Wales in the
profession or occupation of nursing including midwifery and employed in or in
connection with the New South Wales Health Service as defined in section 115 of
the Health Services Act 1997 (NSW) or its successors, assignees or
transmittees.
"Local Health
District" includes Specialist and Additional Networks and means a public
health organisation established pursuant to the provisions of the Health
Services Act 1997 (NSW) including all public hospitals, facilities and
other establishments and health services under the control and management thereof.
"Manager,
Nurse/Midwife Education" - refer to Schedule 1, Nurse/Midwife Managers.
"Ministry"
means the NSW Ministry of Health.
"Nurse
Educator/Midwife Educator Grade 1" means a Registered Nurse/Midwife holding
post registration nursing/midwifery clinical or education qualifications
relevant to the clinical area in which he/she is appointed; and who is
appointed to a position of Nurse Educator/Midwife Educator Grade 1.
A Nurse
Educator/Midwife Educator Grade 1 will be responsible for the development and
delivery of nursing/midwifery education courses/programs at the public
hospital, or the community based service level.
Nurse/Midwife
education courses/programs will mean courses/programs such as:
• Post-registration certificates;
• Continuing nurse/midwife education;
• Transition programs for newly
registered nurses and midwives and newly enrolled nurses;
• Post-enrolment enrolled nurses’
courses; and,
• General staff development courses
(where applicable).
Incremental
progression to the 2nd year and thereafter rate at this Grade will be upon
completion of 12 months satisfactory full-time service.
"Nurse
Educator/Midwife Educator Grade 2" means a Registered Nurse/Midwife with
post registration nursing/midwifery clinical or education qualifications
relevant to the clinical area in which he/she is appointed, or qualifications
deemed equivalent by the employer; and who is appointed to a position of Nurse
Educator/Midwife Educator Grade 2.
A Nurse Educator/Midwife
Educator Grade 2 will be responsible for one of the following:
• A
nursing/midwifery education portfolio (including but not limited to a
transition program, enrolled nurse or registered nurse program) across a public
hospital or affiliated health organisation;
• A
nursing/midwifery education program for a clinical division or divisions across
a public hospital or affiliated health organisation; or
• A
nursing/midwifery education program for a community based health service such
as community health or mental health services.
Incremental
progression to the 2nd year and thereafter rate at this Grade will be upon
completion of 12 months satisfactory full-time service.
"Nurse
Educator/Midwife Educator Grade 3" means a Registered Nurse/Midwife
holding post registration nursing/midwifery clinical or education
qualifications relevant to the clinical area or areas in which he/she is
appointed, or qualifications deemed equivalent by the employer; and who is
appointed to a position of Nurse Educator/Midwife Educator Grade 3.
A Nurse
Educator/Midwife Educator Grade 3 will be responsible for one of the following:
• A
comprehensive nursing/midwifery education program across a Local Health
District, a sector of a Local Health District or in a tertiary referral public
hospital or affiliated health organisation; or
• The
nurse education service of a public hospital or affiliated health organisation
(excluding a tertiary referral hospital), group of hospitals or health
facility.
Incremental
progression to the 2nd year and thereafter rate at this Grade will be upon
completion of 12 months satisfactory full-time service.
"Nursing hours
wards and units" refers to wards and units in Section II Nursing Hours
Wards and Units of clause 53, Staffing Arrangements, that utilise nursing hours
per patient day to determine the number of nursing hours required to provide
direct clinical care.
"Nurse/Midwife
Manager" means any employee who is allocated to a nurse manager grade in
accordance with clause 40, Grading of
Nurse/Midwife Manager Positions, of this award.
"Nurse/Midwife
Practitioner" means a registered nurse/midwife appointed as such and who
is endorsed by the Board, to practise as a nurse/midwife practitioner.
"Nursing/Midwifery
Unit Manager" means a registered nurse in charge of a ward or unit or
group of wards or units in a public hospital or health service or public health
organisation and will include:
"Nursing/Midwifery
Unit Manager Level 1", whose responsibilities include:
(a) CO-ORDINATION OF PATIENT SERVICES -
• liaison with all health care disciplines
for the provision of services to meet patient needs;
• the orchestration of services to meet
patient needs after discharge;
• monitoring catering and transport
services.
(b) UNIT MANAGEMENT -
• implementation of hospital/health
service policy:
• dissemination of information to all
personnel;
• ensuring environmental safety;
• monitoring the use and maintenance of
equipment;
• monitoring the supply and use of stock
and supplies;
• monitoring cleaning services.
(c) NURSING STAFF MANAGEMENT -
• direction, co-ordination and
supervision of nursing activities;
• training, appraisal and counselling of
nursing staff;
• rostering and/or allocation of nursing
staff;
• development and/or implementation of
new nursing practice according to patient need.
"Nursing/Midwifery
Unit Manager Level 2", whose responsibilities in relation to patient
services, ward or unit management and staff management are in excess of those of
a Nursing/Midwifery Unit Manager Level 1.
"Nursing/Midwifery
Unit Manager Level 3" whose responsibilities in relation to patient
services, ward or unit management and staff management are in excess of those
of a Nursing/Midwifery Unit Manager Level 2.
"Public Health
Organisation" means:
(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;
"Public
Hospital" means:
(a) a hospital controlled by a Local Health
District, or
(b) a hospital controlled by a statutory
health corporation, or
(c) a hospital that is a recognised
establishment of an affiliated health organisation, or
(d) a hospital controlled by the Crown
(including the Minister or the Secretary, NSW Health).
"Registered
Nurse" means a person registered by the Board as a Registered Nurse and/or
Registered Midwife.
"Senior
Nurse/Midwife Educator" - refer to Schedule 1, Nurse Managers.
"Service"
for the purpose of clause 9, Salaries, means service before or after the
commencement of this award in New South Wales or elsewhere as a registered
nurse, provided that all service recognised prior to the commencement of this
award will continue to be recognised.
To the foregoing
will be added any actual periods on and from 1 January 1971 during which a
nurse undertook a post basic course whilst an employee of and rendering service
in an institution or hospital and such course is recognised by the Board or
acceptable to the Ministry, or one of the following certificate or diploma
courses: -
Associate
Diploma in Community Health -
College of
Nursing, Australia; N.S.W. College of Nursing;
Associate
Diploma in Nursing Administration -
College of Nursing,
Australia; N.S.W. College of Nursing;
Associate
Diploma in Nursing Education -
College of
Nursing, Australia; N.S.W. College of Nursing;
Newcastle
College of Advanced Education;
Certificate in
Operating Theatre Management -
N.S.W. College
of Nursing;
Certificate in
Operating Theatre Technique -
College of
Nursing, Australia;
Certificate in
Coronary Care -
N.S.W. College
of Nursing;
Certificate in
Orthopaedic Nursing -
N.S.W. College
of Nursing;
Certificate in
Ward Management -
N.S.W. College
of Nursing;
Midwife Tutor
Diploma -
College of
Nursing, Australia, or Central Midwives Board, London;
Occupational
Health Nursing Certificate -
N.S.W.
College of Nursing;
provided that no more
than three such courses will count as service.
A reference to the
New South Wales College of Nursing in this award will be deemed to be a
reference also to the School of Nursing Studies, Cumberland College of Health
Sciences.
"Shift
Worker" means a worker who is not a day worker as defined.
"Tour of
Duty" means the period between the time a Flight Nurse commences any
duties associated with his or her employment prior to making a flight or series
of flights and until he or she is finally relieved of all duties after
termination of flights or series of flights, whether termination is at home
base or otherwise away from home base.
"Weekly rates" will be ascertained
by dividing an annual amount by 52.17857 or a weekly rate can be multiplied by
52.17857 to obtain the annual amount.
4. Hours of Work and Free Time of Employees
Other Than Directors of Nursing and Area Managers, Nurse Education
(i)
(a) The ordinary hours of work for day
workers, other than Directors of Nursing and Area Managers, Nurse Education,
exclusive of meal times, will be 152 hours per 28 calendar days to be worked
Monday to Friday inclusive and to commence on such days at or after 6.00 am and
before 10.00 am.
(b) Flight Nurses shall not exceed 30 hours
flying time in each period of seven days.
(ii)
(a) The ordinary hours of work for shift
workers, other than Directors of Nursing and Area Managers, Nurse Education,
exclusive of mealtimes, shall not exceed an average of 38 hours per week in
each roster cycle.
(b) Flight Nurses shall not exceed 30 hours
flying time in each period of seven days.
(iii)
(a) The hours of work prescribed in subclauses
(i) and (ii) of this clause will, where possible, be arranged in such a manner
that in each roster cycle of 28 calendar days each employee will not work
his/her ordinary hours of work on more than nineteen days in the cycle.
Provided that employees who work 8 hour shifts are entitled to 12 additional
days off duty per annum (per NSW Health Policy Directive PD2023_006 Leave
Matters for the NSW Health Service); employees working 10 hour shifts are
entitled to one additional day off duty each five weeks; and employees working
other combinations of shifts are entitled to such number of additional days off
duty per annum as will ensure that their ordinary hours of work do not exceed
an average of 38 hours per week.
(b) Notwithstanding the provisions of
paragraph (a) of this subclause, employees may, with the agreement of the
employer work shifts of less than 8 hours each over 20 days in each cycle of 28
days.
(iv)
(a) Each shift will consist of no more than
10 hours on a day shift or 11 hours on a night shift with not less than 10
hours break between each rostered shift, unless agreed otherwise between an
employee and local nursing management. An employee shall not work more than 7
consecutive shifts unless the employee so requests and local nursing management
agrees but in no case will an employee be permitted to work more than 10
consecutive shifts. In any fortnightly pay period an employee will not be
rostered for more than three quick shifts, i.e. an evening shift followed by a
morning shift, unless agreed otherwise between an employee and local nursing
management.
(b) Where 10 hour night shifts are in
operation in any health facility, at the commencement date of this award or
subsequent thereto, the length of these shifts must not be altered without the
consent of the Head Office of the Association.
(v)
(a) The employee's additional day off duty
prescribed in subclause (iii) of this clause (as a consequence of the
implementation of the 38 hour week) will be determined by mutual agreement
between the employee and the employer having regard to the service requirements
of the latter. Where practicable such
additional day off duty shall be consecutive with the rostered days off duty
prescribed in subclause (xvi) of this clause.
(vi) Once set, the additional day off duty may
not be changed in a current cycle unless there are genuine unforeseen
circumstances prevailing. Where such
circumstances exist and the additional day off duty is changed, another day
will be substituted in the current cycle. Should this not be practicable the
day must be given and taken in the next cycle immediately following.
(vii)
(a) Where an employee and her/his local
nursing management agree, an employee’s additional days off duty (ADOs) may be
accumulated up to a total of three. This limit on accumulation means that any
employee who has already accumulated three ADOs must take the next ADO accruing
to her/him when it falls due in accordance with the roster.
(b) Employers must not unreasonably refuse to
agree with an employee’s request to accumulate ADOs or to take them off
subsequent to such accumulation.
(c) Any ADOs accumulated but not taken as at
the date of termination of the employee must be paid out at ordinary rates.
(viii) Except for breaks for meals the hours of duty
each day will be continuous.
(ix) Each employee who works in excess of five
hours must have a break of not less than thirty minutes and not more than sixty
minutes for each meal occurring on duty as follows:
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Breakfast
|
between 6am and
9am
|
|
Midday Meal
|
between 12 noon
and 2pm
|
|
Evening Meal
|
between 5pm and
7pm
|
|
Night Meal
|
between 10pm and
2am.
|
Employees
must not be required to work during meal breaks as a matter of routine practice
unless mutually agreed at the local level. Provided that any time worked during
such break will count as working time and unless the employee is permitted to
finish duty early on the same shift then overtime becomes payable once the
total ordinary work time of the shift has elapsed. Provided further that where
practicable an employee engaged to work for five hours or less in any one shift
may elect not to take a meal break as otherwise provided for in this subclause
without penalty to the employer. The term "where practicable"
encompasses regard being paid to the service requirements of the employer.
(x)
(a) One twenty minute interval (in addition
to the meal break) will be allowed each employee on duty for a tea break during
each shift. Such interval will count as working time. Part time and Casual
employees who are engaged for less than a whole shift on any one day will only
be entitled to one tea break of 10 minutes.
(b) Where it is not possible due to the nature
of the work performed to have one twenty minute break, the employee may take
one ten minute break and be permitted to proceed off duty ten minutes prior to
the rostered finishing time of that shift.
(c) Paragraph (b) of subclause (x) will only
be exercised in special and exceptional circumstances and with the expressed
approval of the employer in consultation with the employee.
(d) In lieu of the meal breaks in subclause
(ix) and tea breaks in this subclause, the following crib break provisions will
apply to HealthShare Patient Transport Services (PTS) employees only;
i. HealthShare PTS employees working
shifts of less than 12 hours duration will have one paid 30 minute crib break
to be taken between the fourth and seventh hour unless otherwise agreed between
the parties.
ii. HealthShare PTS employees working a
roster of 12 hour shifts will be entitled to two paid 30 minute crib breaks to
be taken between the fourth and seventh hour and the eighth and eleventh hour
unless otherwise agreed between the parties.
iii. HealthShare PTS employees who, due to
operational requirements, are unable to take their paid crib break within the
prescribed times, or whose crib break is not completed, will receive an
additional payment of one hour at ordinary time rates.
(xi)
(a) Subclauses
(ix) and (x) of this clause, will not apply to an employee who is allowed two
intervals of twenty minutes each during the period of night duty but such
intervals will count as working time and will be paid for as such.
(b) Employees must not be required to work
during such breaks as a matter of routine practice unless mutually agreed at
the local level.
(c) Should an employee be required to work
during such breaks, the period when the employee has been required to work
becomes payable as overtime provided the employee has completed the total
ordinary work time of the shift, unless the employee is permitted to finish
duty early on the same shift for such period.
(xii) Changing time totalling ten minutes per
shift to count as working time is to be allowed to nurses not permitted to
travel in their work clothes.
(xiii) In addition to any other rest period and meal
break, employees who are lactating will be entitled to two paid breaks of 30
minutes per shift for the purpose of expressing their milk or breast feeding
their child, and the employer will provide access to suitable facilities for
such purpose.
(xiv)
(a) Except in cases of emergency, an employee
will not be employed on night duty for a longer period than four consecutive
weeks, unless agreed otherwise between an employee and local nursing
management.
(b) Except in cases of emergency, after having
served a period of night duty, an employee will serve an equivalent period of
time off night duty before again undertaking a period of night duty unless
agreed otherwise between an employee and local nursing management.
(c) Except in cases of emergency, an employee
will not be required to perform night duty against their wishes during a period
of one week prior to any formal end-of-semester examination in any course of
study which has been accepted by her/his employer as meeting the requirements
for the grant of study time.
(d) This subclause will not apply to an
Assistant Director of Nursing, a Nursing/Midwifery Unit Manager or to a
registered nurse/midwife in charge as the case may be, who is employed
permanently in charge at night.
(xv) Except in cases of emergency, an employee
changing from night duty to day duty or from day duty to night duty will be
free from duty during the 20 hours immediately preceding the commencement of
the changed duty.
(xvi)
(a) Each employee will be free from duty for
not less than two full days in each week or four full days in each fortnight
and no duties will be performed by the employee on any of such free days except
for overtime. Where practicable, days off shall be consecutive and shall not be
preceded by any evening shift or a night shift unless the employee is rostered
on the same shift, ie. evening shift or night shift, as the case may be,
immediately upon his or her return to duty after days off, except by agreement
between the employee and the local nursing management. An evening shift will be one which commences
at or after 1pm and before 4pm.
(b) An employee at his or her request, may be
given time free from duty in one or more periods but no period will be less
than one full day.
(c) For the purpose of this subclause
"full day" means from midnight to midnight or midday to midday.
(xvii)
(a) Employees may be required to remain on
call. Any such time on call will not be counted as time worked (except in so
far as an employee may take up actual duty in response to a call) but will be
paid for in accordance with clause 12, Special Allowances. Provided, however,
no employee will be required to remain on call whilst on leave or the day
before entering upon leave.
(b) Except as hereafter provided, no employee
will be required to remain on call whilst on a rostered day off or from the
completion of the employees' shift on the day preceding a rostered day off.
(c) Paragraph (b) will not apply where in
extreme circumstances (which shall be agreed between the employer and the Head
Office of the Association) it is necessary for a public hospital or public
health organisation in order to ensure the provision of services, to place
staff on call on rostered days off.
(xviii) An employer will not alter the period over
which the ordinary hours of work of employees are balanced except upon giving
one month's notice of his intention so to do to the Industrial Registrar and to
the Association.
4A. Multiple Assignments
(i) Multiple assignments exist when an
employee has more than one position under this award within the New South Wales
Health Service. Each of these positions
are referred to in this clause as "assignments".
(ii) Where an employee has multiple assignments
with different ordinary rates of pay, the employee will be paid in relation to
the ordinary hours worked in each separate assignment at the ordinary rate of
pay applicable to that assignment.
(iii) Where an employee has multiple assignments
in the same classification, 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. Where an employee
has multiple assignments in different classifications, the employee’s service
in the higher classification will count for the purposes of incremental
progression in the lower classification.
However, service in the lower classification will not count for the
purposes of incremental progression in the higher classification.
(iv) With the exception of subclause (iii)
above, 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 Public Health
Organisation
(v) The following provisions apply to employees
with two or more assignments within a single Public Health Organisation:
(a) The work performed in each of an
employee’s assignments will 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 will not exceed the hours
of work as set out in clause 4, Hours of Work and Free Time of Employees Other
than Directors of Nursing and Area Managers, Nurse Education.
(c) Where the combined total number of
ordinary hours worked under an employee’s multiple assignments is equivalent to
those set out in paragraph (i)(a) of clause 4, Hours of Work and Free Time of
Employees Other than Directors of Nursing and Area Managers, Nurse Education,
for day workers or paragraph (ii)(a) of clause 4, Hours of Work and Free Time
of Employees Other than Directors of Nursing and Area Managers, Nurse
Education, for shift workers they will be considered as a full time employee
for the purposes of the Award and:
1. that employee is entitled to additional
days off in accordance with subclause (iii) of clause 4, Hours of Work and Free
Time of Employees Other than Directors of Nursing and Area Managers, Nurse
Education, and
2. paragraph (ii)(a) of clause 25,
Overtime, will 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 subclause:
1. paragraph (ii)(b) of clause 25,
Overtime, will apply for the purposes of overtime, and
2. all ordinary hours and additional hours paid
at ordinary rates in each assignment will be aggregated for the purposes of
paragraph (ii)(b) of clause 25, Overtime, and treated as if it were worked
under a single assignment.
(e) Where an employee is employed in an
assignment as a Nurse/Midwife Manager classified at Grade 4 or above and
paragraphs (xi)(a) - (c) of clause 25, Overtime, do not apply;
1. subparagraphs (c)(2) and (d)(1) of this
subclause will not apply to time worked in that assignment provided that,
2. ordinary hours worked in that assignment
will be counted for the purposes of determining whether the employee has worked
beyond 38 hours in any week.
(f) 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.
(g) 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 will be the rate applicable to the
assignment which generated the additional hours or overtime.
(h) Where overtime is compensated by way of
time off in lieu as set out in subclause (iv) of clause 25, Overtime, that time
off in lieu must be taken in the assignment which generated the overtime.
(i) 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.
Temporary Employees
(j) Where an employee has an assignment to
which Part III - Temporary Employees of clause 29, Part-Time, Casual and
Temporary Employees, applies, the allowance referred to at subclause (ii) of
Part III - Temporary Employees of clause 29, Part-Time, Casual and Temporary
Employees, will only apply to hours worked in that assignment. While ever the
allowance is paid, the provisions of paragraphs (m) and (n) of this subclause
will not apply to the temporary assignment provided that subclause (iii) of
Part III - Temporary Employees, of clause 29, Part-Time, Casual and Temporary
Employees, applies to a temporary assignment in relation to annual leave.
Employees engaged as part-time employees as at 30 June
1986
(k) Where an employee:
1. has elected to receive the benefits set
out in subclauses (ii)-(iv) of Part IV - Savings Provisions of clause 29,
Part-time, Casual and Temporary Employees, in relation to an assignment, and
2. after the date this clause was inserted
into the Award the employee commences in a second or further permanent part
time assignment and their combined total number of ordinary hours worked in all
assignments is less than those set out in subclause (c) of this subclause;
subclauses
(i)-(iv) of Part IV - Savings Provisions of clause 29, Part-time, Casual and
Temporary Employees, will 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 subclauses (ii)-(iv) of Part IV -
Savings Provisions of clause 29, Part-time, Casual and Temporary Employees, in
relation to an assignment, and
2. his/her
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,
subclauses
(i)-(iv) of Part IV - Savings Provisions of clause 29, Part-time, Casual and
Temporary Employees, will not apply to any of their assignments.
Leave
(m) All
ordinary hours worked by an employee in multiple assignments will count towards
determining the employee’s leave entitlements.
(n) Employees
with multiple assignments will 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.
Service in all assignments will be recognised for the purposes of
paragraph (i)(a) of clause 37, Sick Leave.
(o) Where
an employee has multiple assignments with different ordinary rates of pay, the
employee will be paid for leave taken at the rate of pay relevant to the
assignment in which the leave was taken or rostered.
(p) Where
an employee’s combined total number of ordinary hours worked in their multiple
assignments is equivalent to those set out in subclause (c) of this subclause,
and that employee is required to work their ordinary hours on a seven day
basis, they will be entitled to six weeks annual leave in accordance with
paragraph (i)(a) of clause 30, Annual Leave.
(q) Service
in all assignments will be recognised for the purposes of entitlements under
clause 34, Maternity, Adoption and Parental Leave.
(r) Where
an employee’s assignment is terminated but the employee remains employed under
another full time or part time assignment, that employee will not be paid out
the monetary value of the annual leave or long service leave accrued in the
terminated assignment.
Disclosures, Notifications and Approvals
(s) 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
(t) 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.
(u) 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.
(v) 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 Public Health
Organisations
(vi) Assignments in different Public Health Organisations will be
regarded as entirely separate for all purposes under the Award, including the
accrual and taking of leave. The only exceptions are the provisions of
subclause (iii) of this clause (regarding incremental progression) and:
(a) At
the time an employee commences an assignment in another Public Health
Organisation the employee’s accrued leave will be apportioned across their
assignments (for example, a 0.6 full time equivalent Registered Nurse who
commences another 0.4 full time equivalent assignment in another Public Health
Organisation 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 Public Health Organisations at
the time this clause was inserted into 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 long
service leave and family and community service leave entitlements.
(d) Service
in all assignments will be recognised for the purposes of entitlements under
clause 34, Maternity, Adoption and Parental Leave.
(e) Where
an employee terminates an assignment, any leave credits that are held against
that assignment will be transferred to the remaining assignment/s.
(f) If
prior to the introduction of this clause and/or the Staff Link payroll system
an employee received additional days off and/or overtime in accordance with
subclause (ii) of clause 25, Overtime, that employee will continue to receive
those benefits until one of the assignments is terminated.
(g) Where
an employee has three or more assignments, one or more of which are in
different Public Health Organisations, subclause (v) of this clause will apply
to those assignments which are within a single Public Health Organisation.
Changes to the composition of Public Health Organisations
(vii) The employer and the Association agree to review this clause in
the event that the boundaries of any Public Health Organisation change.
(viii) Where any change to the boundaries of any Public Health
Organisation causes an employee’s multiple assignments to which subclause (v)
of this clause previously applied to then be subject to subclause (vi) of this
clause, subclause (v) of this clause will continue to apply (to the exclusion
of subclause (vi) of this clause) to those assignments until one of them is
terminated.
5. Pilot Roster Projects
(i) Notwithstanding
any other provision of this award, Pilot Roster Projects for the purposes of
trialling flexible roster practices may be implemented on the following basis:
(a) The
terms of the Pilot Roster Project will be agreed in writing between the
employer and the Association on behalf of the nurses participating in the
project. Provided that the Association will not unreasonably refuse to agree
to, or unreasonably delay in responding to, a Pilot Roster Project proposed by
an employer. Provided further that where
a Pilot Roster Project is proposed by the Association or nurses and the
employer does not agree to introduce a Pilot Roster Project in the terms
proposed, the employer will provide its reasons in writing to the Association or
the nurses concerned.
(b) The
terms will include
(1) the
duration of the project; and
(2) the
conditions of the project; and
(3) the
award provisions required to be overridden in order to implement the project;
and
(4) review
mechanisms to assess the effectiveness of the project.
(c) Whilst
the Pilot Roster Project is being conducted according to its terms, the
employer will not be deemed to be in breach of the award by reason alone of
implementing the project.
(d) Any
purported Pilot Roster Project which does not comply with this clause is not a
Pilot Roster Project for the purposes of this clause and in particular no
employer will be able to claim the benefit of paragraph (c) when implementing
such project.
(ii) The Association agrees to participate in a review of the
operation of this clause, if requested by the Ministry.
(iii) Pilot 12 hour shift systems in place as at 1 July 2008 will
continue to operate in accordance with the provisions of the relevant pilot
agreement.
(iv) From 1 July 2008, new 12 hour shift systems may be implemented
in a ward, unit or operational area according to the provisions of subclause
(v) without the requirement for a pilot.
The Association will be advised in writing by the employer of the
intention to introduce such new systems no later than four weeks prior to the
proposed date of commencement, to enable consultation with all potentially
affected employees.
(v) The
following provisions will apply to new 12 hour shift systems commencing on or
after 1 July 2008:
(a) Participation
in a 12 hour shift system will be voluntary.
Alternative shift provisions must remain available for staff who do not
agree to participate in a 12 hour shift system.
(b) The
ordinary hours of work for each full time employee will be 228 hours balanced over
a six week period. The hours will be worked as 19 x 12 hour shifts. The
ordinary guaranteed hours of work for each part time employee will be balanced
over a six week period. The hours will be worked as either 12, 10 or eight hour
shifts as agreed between the employee and the employer; or
The
ordinary hours of work for each full time employee will be 152 hours balanced
over a four week period. The hours will
be worked as 12 x 12 hour shifts and one x eight hour shift. The ordinary guaranteed hours of work for
each part time employee will be balanced over a four week period. The hours will be worked as either 12, 10 or
eight hour shifts as agreed between the employee and the employer.
(c) Payment
for full time employees will be for 76 hours per pay period at the appropriate
hourly rate for each employee. Payment for part time employees will be the
actual number of hours worked per pay period.
(d) The
day shift may have a span of up to 12.5 hours and will include one half hour
unpaid meal break and two x 20 minute paid tea breaks.
(e) The
night shift may have a span of up to 12.5 hours and will include one thirty
minute unpaid meal break and a further one hour paid break or two x 30 minute
paid breaks.
(f) The
maximum number of consecutive shifts will be three. Except that an employee may be rostered for
four consecutive shifts once in each six week cycle at the request of the
employee.
(g) Employees
will not be rostered on single days off unless it is at the request of the
employee.
(h) The
minimum break between shifts will be 11.5 hours.
(i) Rosters
should reflect an equitable distribution of day, night and weekend shifts among
employees participating in the 12 hour shift system. No more than 50% of shifts in the roster
cycle should be night shift unless otherwise agreed between the employee and
the unit manager.
(j) No
overtime will be worked in conjunction with a 12 hour shift.
(k) Any
12 hour shift being replaced by either casual or agency staff will cover the
full span of the shift.
(l) An
individual employee will have the right to withdraw from the 12 hour shift
system. An employee wishing to withdraw from the 12 hour shift system will
provide a period of notice equivalent to the roster period. In the case of demonstrated pressing necessity,
a minimum of two weeks' notice will be required, or such lesser period of time
as may be agreed to by the public health organisation.
(m) Where
a 12 hour shift system is in place management will be entitled to consider
whether continuation of the system in that ward, unit or operational area
remains appropriate. Where management
determines after consultation with affected employees to cease a 12 hour shift
system, three months’ notice of the intended cessation will be given to
employees.
6. Introduction of Change
(a) Where
an employer has made a definite decision to introduce changes in organisation,
structure, health service delivery, or technology that are likely to have significant
effects on employees covered by this award, the employer will notify the
Association and employees who may be affected by the proposed changes. Discussions will commence as soon as
practicable after such decision has been taken.
(b) "Significant
effects" includes:
i. termination of employment;
ii. major changes in the composition,
operation or size of the employer’s workforce or in the skills required;
iii. changes in employment and/or promotional
opportunities or job tenure for a class or group of employees;
iv. the alteration of hours of work for a
class or group of employees; or
v. the need for training or transfer of a
class or group of employees to other work or location, and the restructuring of
jobs.
(c) The
employer will discuss with the employees affected and the Association, inter
alia, the introduction of the changes referred to in subclause (a) above, the
effects the changes are likely to have on employees and any measures proposed
by the employer to avert or mitigate the adverse effects of such changes on
employees, and will give prompt consideration to matters raised by the
employees and/or the Association in relation to the changes.
(d) For
the purpose of such discussion, the employer will provide to the employees
concerned and the Association all relevant information about the changes
including the nature of the changes proposed and the expected significant
effects of the changes on employees. Provided that the employer will not be
required to disclose confidential information, the disclosure of which would
adversely affect the employer, Ministry or Director-General of Health; or is an
exempt matter under the Government
Information (Public Access) Act
2009 (NSW) (the GIPA Act).
(e) The
provision of communication during maternity, adoption or parental leave is in
accordance with Part E, Communication During Leave, of Clause 34 Maternity,
Adoption and Parental Leave.
(f) With
respect to occupational health safety matters as referred to in the Work Health and Safety Act 2011 (NSW), the provisions of
that Act apply, and specifically the provisions under Section 47, "Duty to
consult workers", as varied from time to time.
7. Hours of Work and Free Time of Directors of
Nursing and Area Managers, Nurse Education
(i) A Director of Nursing or Area Manager,
Nurse Education will be free from duty for not less than 9 days in each
twenty-eight consecutive days and such days free from duty may be taken in one
or more periods.
(ii) If any of the days mentioned in subclause
(i) of this clause cannot be taken by reason of emergency, such day or days
will be given and taken within 28 days of becoming due.
(ii) A Director of Nursing or Area Manager,
Nurse Education will, where practicable, inform his or her employer giving not
less than 7 days' notice of the days he or she proposes to be free from duty;
provided that such days will be subject to the approval of the employer, and
such approval will not be unreasonably withheld.
8. Rosters
(i) The
ordinary hours of work for each employee, other than the Director of Nursing,
will be displayed on a roster in a place conveniently accessible to employees.
(ii) The roster will be displayed at least four weeks prior to the
commencing date of the first working period in the roster.
(iii) Notwithstanding the foregoing provisions of this clause, a
roster may be altered at any time to enable the nursing service of the public
hospital or public health organisation to be carried on where another employee
is absent from duty on account of illness or in an emergency: Provided that
where any such alteration involves an employee working on a day which would
otherwise have been such employee's day off, the day off in lieu thereof will
be as mutually arranged.
(iv) Prior to the date of the changed shift, such change of roster
must be notified verbally or in writing to the employee concerned.
(v) Where
an employee is entitled to an additional day off duty in accordance with clause
4, Hours of Work and Free Time of Employees other than Directors of Nursing and Area Managers, Nurse Education,
such day is to be shown on the roster of hours for that employee.
(vi) All rosters must be retained for at least six years.
9. Salaries
(i) The minimum salaries per week to be paid
to employees will be as set out in Table 1 of Part B.
(ii) An Enrolled Nurse without medication
qualification or Enrolled Nurse without medication qualification - Special
Grade who has the notation "does not hold a Board approved qualification
in medicines administration" removed from their registration will be
classified and paid as an Enrolled Nurse or Enrolled Nurse Special Grade
respectively from the commencement of the first full pay period following the
removal of such notation.
Provided that
an Enrolled Nurse 1st year will not progress to Enrolled Nurse 2nd year until
completion of twelve months’ service at the 1st year rate (or for part time
employees the full time equivalent of 1,982 hours), and to the 3rd year rate
until completion of twelve months’ service at the 2nd year rate (or for part
time employees the full time equivalent of 1,982 hours), and so on throughout
the scale.
(ii) Provided that a Nurse/Midwife Practitioner
will not progress or be appointed to Nurse/Midwife Practitioner Year 3 until
completion of twelve months service at the Year 2 rate and to the Thereafter
rate until completion of twelve months service at the Year 3 rate. Accordingly, a Nurse/Midwife Practitioner
cannot be appointed directly to Nurse/Midwife Practitioner Year 3 and
Thereafter.
10. Salary Sacrifice to Superannuation
(i) Notwithstanding
the salaries prescribed in clause 9, Salaries, as varied from time to time, an employee
may elect, subject to the agreement of the employee’s employer, to sacrifice a
part or all of the salary payable under the salaries clause to additional
employer superannuation contributions.
Such election must be made prior to the commencement of the period of
service to which the earnings relate. The amount sacrificed together with any
salary packaging arrangements under clause 51, Salary Packaging, of this award
may be made up to one hundred (100) per cent of the salary payable under the
salaries clause, or up to one hundred per cent of the currently applicable
superable 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, judgment debtors/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 will be provided with a copy
of the signed agreement. The salary sacrifice agreement will be terminated at
any time at the employee’s election and will 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 worker’s compensation, or other
payment, other than any payment for leave taken in service, to which an
employee is entitled under this award or any applicable award, act or statute
which is expressed to be determined by reference to an employee’s salary, will
be calculated by reference to the salary which would have applied to the
employee under the salaries clause in the absence of any salary sacrifice to
superannuation made under this award.
(iv) The employee may elect to have the specified amount of payable
salary which is sacrificed to additional employer superannuation contributions:
(a) paid
into the superannuation scheme established under the First State
Superannuation Act 1992 (NSW) as optional employer contributions; or
(b) subject
to the employer's agreement, paid into 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 (NSW);
(b) the Superannuation Act 1916 (NSW);
(c) the State Authorities Superannuation
Act 1987 (NSW);
(d) the State Authorities Non-contributory
Superannuation Act 1987 (NSW); or
(e) the First State Superannuation Act
1992 (NSW).
The
employee’s employer must ensure that the amount of any additional employer
superannuation contributions specified in subclause (i) above is included in
the employee’s superannuable salary which is notified to the New South Wales
public sector superannuation trustee corporations.
(vii) Where, prior to electing to sacrifice a part
or all of their salary to superannuation, an employee had entered into an
agreement with their employer to have superannuation contributions made to a
superannuation fund other than a fund established under legislation listed in
subclause (vi) above, the employer will continue to base contributions to that
fund on the salary payable under clause 9, Salaries, of the award to the same
extent as applied before the employee sacrificed that amount of salary to
superannuation. This clause applies even though the superannuation
contributions made by the Employer may be in excess of the superannuation
guarantee requirements after the salary sacrifice is implemented.
11. Leave for Matters Arising from Domestic and
Family Violence
A. Definitions
(i) Domestic and family violence includes any
behaviour, in an intimate, family or domestic relationship, which is violent,
threatening, coercive or controlling, and which causes a person to live in
fear. It is usually manifested as part of a pattern behaviour.
(a) An intimate relationship includes people
who are or have been in an intimate partnership whether that relationship
involves or has involved a sexual relationship or not, for example, married,
engaged to be married, separated, divorced, de facto partners, couple promised
to each other under cultural or religious tradition, or who are dating.
(b) A family relationship has a broader definition
and includes people who are related to another through blood, marriage or de
facto partnerships, adoption and fostering relationships, sibling, and extended
family relationships. It includes the full range of kinship ties in Aboriginal
and Torres Strait Islander communities, and extended family relationships.
People living in the same house may also be in a domestic relationship if their
relationships exhibit dynamics which may foster coercive and abusive
behaviours.
(c) Domestic and family violence behaviours
can include, but are not limited to:
- physical and
sexual violence
- verbal abuse
and threats
- emotional or
psychological abuse
- financial
abuse
- social and
geographical isolation
- stalking and
intimidation
- technology
facilitated abuse
- threats or
actual harm to others, pets and/or property or
- threats to
be violent in the above ways
B. Leave for Matters arising from Domestic
and Family Violence
(i) The definition of domestic and family
violence is in Part A of this clause.
(ii) Employees, including casual employees, are
entitled to 20 days of paid domestic and family violence leave in each calendar
year. This leave is not cumulative.
(iii) Paid domestic and family violence leave is
not pro-rata for part-time or casual employees.
(iv) Employees can take paid domestic and family
violence leave in part-days, single days, or consecutive days. There is not a
minimum number of hours that an employee must take in a day.
(v) Employees experiencing domestic and
family violence may take domestic and family violence leave including for the
following purposes:
(a) seeking safe accommodation or
establishing safety;
(b) attending medical, legal, police or counselling
appointments relating to their experience of domestic and family violence;
(c) attending court and other legal
proceedings relating to their experience of domestic and family violence;
(d) organising alternative care or education
arrangements for their children or person(s) in their care;
(e) other activities that will help them to
establish safety and recover from their experience of domestic and family
violence; or
(f) any other purpose associated with the
impact of experiencing domestic and family violence which is impractical to do
outside of their normal hours of work.
(vi) Domestic and family violence leave does not
need to be approved before it can be accessed. However, employees should advise
their employer of the need to take domestic and family violence leave as soon
as possible.
(vii) The leave entitlement can be accessed
without the need to exhaust other available leave entitlements first.
(vii) The employer should only require evidence of
the occurrence of domestic and family violence in exceptional circumstances and
should use their discretion when assessing whether evidence is needed, and if
so, what type of evidence.
(ix) Evidence of the occurrence of domestic and
family violence may include:
(a) a document issued by the police, a court,
a domestic violence support service or a member of the legal profession;
(b) a provisional, interim or final
Apprehended Violence Order (AVO), Apprehended Domestic Violence Order (ADVO),
certificate of conviction or family law injunction;
(c) a medical certificate;
(d) a statutory declaration by the employee
experiencing domestic and family violence; or
(e) any other evidence that would satisfy a
reasonable person that domestic and family violence has occurred.
(x) Evidence provided by an employee should
be sighted and must be returned to the employee. The evidence must not be
retained by the employer or stored on the employee’s personnel file.
(xi) The intent of
paid domestic and family violence leave is to provide employees with the same
remuneration as they would have received, inclusive of penalties that would
have applied, if they did not take the leave:
(a) Full-time and part-time employees are
entitled to be paid at their full rate of pay for the hours they would have
worked had they not taken the leave.
(b) Casual employees will be paid at their
full rate of pay for the hours they were rostered for and would have worked had
they not taken the leave. For the purposes of this clause, “Rostered” means the
employer has offered specific hours of work and the casual employee has
accepted that offer.
(xii) Employers must keep personal information
about domestic and family violence (including information about support
provided by the Employer) confidential. This includes not recording instances
of or information about domestic and family violence leave on:
(a) payslips,
(b) the employee's personnel file, or
(c) rosters.
(xiii) Any information regarding an employee’s
experience of domestic or family violence, including any domestic and family
violence leave or supports provided (under this clause or otherwise), can only
be accessed by senior HR personnel or, with the employee’s consent, a relevant
senior manager.
(xiv) Employers must not take adverse action against
an employee because they:
(a) have experienced, or are experiencing,
domestic and family violence;
(b) use the paid domestic and family violence
leave provisions; or
(c) are a casual employee who declines to
take a shift they are not rostered for because they are attending to a matter
connected with domestic and family violence at that time.
(xv) The employer will provide support to an employee
experiencing domestic and family violence, including but not limited to the
provision of flexible working arrangements, including changing working times,
work locations, telephone numbers and email addresses.
C. Leave for employees providing support to
people experiencing domestic and family violence
(i) Employees providing care and support to a
member of their family or household experiencing domestic and family violence
may, if the criteria is met, access existing leave entitlements including:
(a) Family and Community Service Leave (Part
A of Clause 32, Family and Community Services Leave and Personal/Carers’
Leave); or
(b) Sick Leave to Care for the Person
Concerned (Part B of Clause 32, Family and Community Services Leave and
Personal/Carers’ Leave).
(ii) The “family” or “household” member that
the employee is providing care and support to must meet the definition of these
terms, as referred to at:
(a) Family and Community Service Leave (Part
A of Clause 32, Family and Community Services Leave and Personal/Carers’
Leave); or
(b) Sick Leave to Care for the Person
Concerned (Part B of Clause 32, Family and Community Services Leave and
Personal/Carers’ Leave).
(iii) If the employer needs to establish the
reasons for an employee accessing existing leave entitlements under these
provisions, the employee may be required to provide evidence consistent with
provisions under clause 32, Family and Community Services Leave and
Personal/Carers’ Leave, of this award or any other form of evidence that is
considered acceptable by the employer such as a statutory declaration.
(iv) Evidence provided by an employee should be
sighted and must be returned to the employee. The evidence must not be retained
by the employer or stored on the employee’s personnel file.
12. Special Allowances
(i)
(a) A registered nurse in charge of a public
hospital of not more than 100 beds during the day, evening or night in the absence
of a senior nurse will be paid, in addition to his or her appropriate salary,
whilst so in charge, the sum as set out in Item 1, of Table 2 of Part B per
shift.
(b) This subclause will not apply to
registered nurses holding positions of a higher grade than that of clinical
nurse specialist.
(ii)
(a) An employee required by his or her
employer to be on call otherwise than as provided in (b) and (c) hereof will be
paid the sum as set out in Item 2 of Table 2 of Part B for each hour or part
thereof with a minimum payment of eight hours at that rate.
(b) An employee required to be on call on
rostered days off in accordance with paragraph (c) of subclause (xvii) of
clause 4, Hours of Work and Free Time of Employees Other Than Directors of
Nursing and Area Managers, Nurse
Education, will be paid the sum as set out in Item 3, of Table 2 of Part
B for each hour or part thereof with a minimum payment of eight hours at that
rate.
(c) An employee who is directed to remain on
call during a meal break will be paid an allowance as set out in Item 4, of
Table 2 of Part B.
(d) Where an employee on call leaves the
public hospital and is recalled to duty, he or she will be reimbursed all
reasonable fares and expenses actually incurred provided that where an employee
uses a motor car in these circumstances, the allowance payable will be the rate
prescribed from time to time by the Ministry for a "casual" user. The
provisions of this paragraph will apply to all employees.
(iii)
(a) Where a Director of Nursing is required
by the public hospital to perform radiographic duties he/she will be paid in
addition to his/her appropriate salary an allowance as set out in Item 5, of
Table 2 of Part B per week.
(b) The allowance prescribed by paragraph (a)
of this subclause will apply to an employee who relieves the Director of
Nursing for a period of one week or more.
(c) An employee who is performing
radiographic duties in the absence of the Director of Nursing for a period of
less than one week will be paid in addition to his or her appropriate salary a
daily allowance as set out in Item 6, of Table 2 of Part B, provided that the
maximum allowance per week payable in accordance with this paragraph does not
exceed the amount set in the said Item 6.
(d) The allowance prescribed by this subclause
will be regarded as part of the salary for the purpose of this award.
(iv) An employee required to wear a lead apron
will be paid an allowance as set out in Item 7, of Table 2 of Part B for each
hour or part thereof that he/she is required to wear the said apron. No
employee will be required to wear a lead apron for more than one hour without
being allowed a paid break of 10 minutes.
(v) A registered nurse who is designated to
be in charge of a ward or unit during day, evening or night shifts, when the
Nursing/Midwifery Unit Manager is not rostered for duty, will be paid an
allowance as set out in Item 8, of Table 2 of Part B per shift. Provided that the allowance will also be paid
when the Nursing/Midwifery Unit Manager is rostered on duty if the day to day
clinical management role for the shift is delegated to a designated registered
nurse/midwife. Provided further that the
allowance will also be paid in the absence of a Nurse/Midwife Manager in
facilities where the Nurse/Midwife Manager undertakes the functions usually
carried out by a Nursing/Midwifery Unit Manager.
(vi) A registered nurse/midwife who is designated
to be in-charge of a ward or unit when the Nursing/Midwifery Unit Manager is
not rostered for duty and who is also designated to be in-charge of a public
hospital of less than 100 beds during the day, evening or night on the same
shift will be paid an allowance as set out in Item 9, of Table 2 of Part B per
shift. Provided that this allowance will
also be paid in facilities where the Nurse/Midwife Manager undertakes the
functions usually carried out by a Nursing/Midwifery Unit Manager.
(vii)
(a) An employee who makes their services
available and participates in an approved roster to provide emergency telephone
counselling outside their normal rostered ordinary hours will receive the
payments prescribed in paragraphs (b), (c) and (d) of this subclause.
(b) An employee rostered to be on call will be
paid the sum as set in Item 2 of Table 2 of Part B for each hour or part
thereof with a minimum payment of eight hours at that rate. Provided that an employee rostered on call on
rostered days off will be paid the sum as set in Item 3, of Table 2 of Part B
for each hour or part thereof with a minimum payment of eight hours at that
rate.
(c) If during such an on call period
prescribed in paragraph (b) of this subclause an employee is required to provide
telephone counselling to a client, such employee will be entitled to the
following payment in addition to the payment in the said paragraph (b):
(1) An employee on call for telephone
counselling for up to 8 hours and is required to provide telephone counselling,
such employee is to be paid one hour at ordinary rates (excluding
penalties). If an employee receives more
than one call to provide telephone counselling, no additional payment is to be
made.
(2) An employee on call for telephone
counselling for 8-16 hours and is required to provide telephone counselling,
such employee is to be paid two hours at ordinary rates (excluding penalties).
If an employee receives more than one call to provide telephone counselling, no
additional payment is to be made.
(3) An employee on call for telephone
counselling for 16-24 hours and is required to provide telephone counselling,
such employee is to be paid three hours at ordinary rates (excluding
penalties). If an employee receives more
than one call to provide telephone counselling, no additional payment is to be
made.
(d) An employee called out during the period
of on call will be entitled to the prescriptions of clause 25, Overtime.
(viii) An Enrolled Nurse or an Enrolled Nurse
without medication qualification employed in the central sterile supply
department of a public hospital, in possession of a Sterilising Technology
Certificate issued by the Sterilising Research and Advisory Council of
Australia will be paid an allowance as set out in Item 18 of Table 2 of Part B.
(ix) A registered nurse who is designated
in-charge of a public hospital or facility of greater than 100 beds during an
evening or night shift Monday to Friday or any Saturday or Sunday shift will be
paid an allowance per shift as set out in Item 9(b), of Table 2 of Part B. This allowance will not apply to registered
nurses holding positions of a higher grade than Clinical Nurse/Midwife
Specialist Grade 2. The employer will
not use this provision on a permanent basis in place of appointing a Nurse
Manager.
13. Continuing Education Allowance
(i) An employee employed in the
classification of Registered Nurse /Midwife (years 1 to 8), Clinical Nurse
Specialist/Clinical Midwife Specialist, Nursing/Midwifery Unit Manager,
Nurse/Midwife Manager Grade 1, Nurse/Midwife Manager Grade 2 or Nurse/Midwife
Manager Grade 3 and above (who satisfies the employer that she/he is engaged in
clinical work for more than 50% of her/his time) who holds a continuing
education qualification in a clinical field, in addition to the qualification
leading to registration, will be paid a continuing education allowance, subject
to the following conditions set out below:
(a) the allowance is only payable where the
qualification is accepted by the employer to be directly relevant to the
competency and skills used by the nurse/midwife in the duties of the position;
(b) an employee holding more than one relevant
qualification is only entitled to one allowance, being the allowance of the
highest monetary value;
(c) the employee claiming entitlement to a
qualification allowance must provide evidence to the employer that they hold
that qualification within three months of obtaining the qualification or within
three months of commencing work in the relevant specialty, unless exceptional
circumstances prevent this.
(ii) Subject to the provisions in subclause (i)
of this clause, an employee who holds a post-registration hospital certificate
listed in Schedule 2 will be paid an allowance of an amount set out in Item 20
of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates.
(iii) Subject to the provisions in subclause (i)
of this clause, an employee who holds a post-graduate certificate will be paid
an allowance of an amount set out in Item 21 of Table 2 - Other Rates and
Allowances, of Part B, Monetary Rates.
(iv) Subject to the provisions in subclause (i)
of this clause, an employee who holds a post-graduate diploma or degree (other
than an undergraduate nursing degree) will be paid an allowance of an amount
set out in Item 22 of the said Table 2.
(v) Subject to the provisions in subclause
(i) of this clause, an employee who holds a masters degree or doctorate will be
paid an allowance of an amount set out in Item 23 of the said Table 2.
(vi) An Enrolled Nurse or an Enrolled Nurse
without medication qualification, who holds a relevant Certificate IV or
equivalent continuing education qualification in a clinical field, or Advanced
Diploma of Nursing (Enrolled/Division 2 Nursing) in addition to the
qualification leading to enrolment, will be paid a continuing education
allowance, subject to the following conditions set out below:
(a) the allowance is only payable where the
qualification is accepted by the employer to be directly relevant to the
competency and skills used by the Enrolled Nurse or an Enrolled Nurse without
medication qualification in the duties of the position;
(b) an employee holding more than one relevant
qualification is only entitled to one allowance, being the allowance of the
highest monetary value;
(c) the employee claiming entitlement to a
qualification allowance must provide evidence to the employer that they hold
that qualification within three months of obtaining the qualification or within
three months of commencing work in the relevant specialty, unless exceptional
circumstances prevent this.
(vii) Subject to the provisions in subclause (vi)
of this clause, an Enrolled Nurse or an Enrolled Nurse without medication
qualification who holds a Certificate 4 qualification will be paid an allowance
of an amount set out in Item 24 of the said Table 2.
(viii) Subject to the provisions in subclause (vi)
of this clause, an Enrolled Nurse or an Enrolled Nurse without medication
qualification who holds an Advanced Diploma of Nursing (Enrolled/Division 2
Nursing) qualification will be paid an allowance of an amount set out in Item
25 of the said Table 2.
(ix) A Clinical Nurse Educator/Clinical Midwife
Educator who holds a post graduate diploma, degree, masters or doctorate in
education or a clinical field in addition to the qualification leading to
registration, or a Clinical Nurse Specialist/Clinical Midwife Specialist Grade
2 who holds a post graduate diploma, degree, masters or doctorate in a clinical
field in addition to the qualification leading to registration, will be paid a
continuing education allowance, subject to the following conditions set out
below:
(a) the allowance is only payable where the
qualification is accepted by the employer to be directly relevant to the
competency and skills used by the registered nurse/midwife in the duties of the
position;
(b) an employee holding more than one relevant
qualification is only entitled to one allowance, being the allowance of the
highest monetary value;
(c) the employee claiming entitlement to a
qualification allowance must provide evidence to the employer that they hold
that qualification within three months of obtaining the qualification or within
three months of commencing work in the relevant specialty, unless exceptional
circumstances prevent this.
(x) Subject to the provisions in subclause
(ix) of this clause, a Clinical Nurse Educator/Clinical Midwife Educator who
holds a post graduate diploma, degree, Masters or Doctorate in education or a
clinical filed, or a Clinical Nurse Specialist/Clinical Midwife Specialist
Grade 2 who holds a post graduate diploma, degree, masters or doctorate in a
clinical field, will be paid an allowance of the relevant amount set out at
either Item 22 or 23 of the said Table 2.
(xi) The above allowances are not to be included
in the employee’s ordinary rate of pay. The allowances are payable during
periods of paid leave taken by an employee.
(xii) The continuing education allowances will be
considered salary-related allowances for the purpose of salary and salary
related allowance increases that may occur.
(xiii) Where a dispute arises concerning the
eligibility for payment of a Continuing Education Allowance that is not
resolved by the process contained in subclauses (i) to (iv) of clause 48,
Disputes, of this award negotiations between the NSW Ministry of Health and the
Association must occur prior to referral to the Industrial Relations Commission
for determination.
14. Climatic and Isolation Allowances
(i) Subject to subclause (ii) of this clause,
persons employed in public hospitals or public health organisations in places
situated upon or to the west of a line drawn as herein specified will be paid
an allowance as set out in Item 10, of Table 2 of Part B per week, in addition
to the salary to which they are otherwise entitled. The line will be drawn as follows: commencing
at Tocumwal and thence to the following towns in the order stated - namely
Lockhart, Narrandera, Leeton, Peak Hill, Gilgandra, Dunedoo, Coolah, Boggabri,
Inverell and Bonshaw.
(ii) Persons employed in public hospitals or
public health organisations in places situated upon or to the west of a line
drawn as herein specified will be paid an allowance as set out in the said Item
10 per week, in addition to the salary to which they are otherwise
entitled. The line will be drawn as
follows: commencing at a point on the right bank of the Murray River opposite
Swan Hill (Victoria), and then to the following towns in the order stated -
namely, Hay, Hillston, Nyngan, Walgett, Collarenebri and Mungindi.
(iii) Except for the computation of overtime, the
allowances prescribed by this clause will be regarded as part of the salary for
the purposes of this award.
(iv) The allowances prescribed by this clause
are not cumulative.
(v) An employee who works less than 38 hours
per week will be entitled to the allowances prescribed by this clause in the
same proportion as the average hours worked each week bears to thirty eight
ordinary hours.
15. Penalty Rates for Shift Work and Weekend Work
(i) Employees Working Afternoon or Night
Shift Will be Paid the Following Percentages in Addition to the Ordinary Rate
for Such Shift: Provided that Employees
Who Work Less Than 38 Hours Per Week Will Only be Entitled to the Additional
Rates Where Their Shifts Commence Prior to 6am Or Finish Subsequent to 6pm.
Afternoon
shift commencing at 10am and before 1pm - 10%.
Afternoon
shift commencing at 1pm and before 4pm - 12.5%.
Nightshift
commencing at 4pm and before 4am - 15%.
Nightshift
commencing at 4am and before 6am - 10%.
(ii) "Ordinary rate" and
"ordinary time" will not include any percentage addition by reason of
the fact that an employee works less than 38 hours per week.
(iii) For the purpose of this clause day,
afternoon and night shifts will be defined as follows:
"Day
shift" means a shift which commences at or after 6am and before 10am.
"Afternoon
shift" means a shift which commences at or after 10am and before 4pm.
"Night
shift" means a shift which commences at or after 4pm and before 6am on the
day following.
(iv) Employees whose ordinary working hours
include work on a Saturday and/or Sunday, will 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
will be in substitution for and not cumulative upon the shift premiums
prescribed in the preceding subclause (i) of this clause.
The foregoing
paragraph will apply to employees who work less than 38 hours per week, but
such employees will not be entitled to be paid in addition any allowance
prescribed by clause 29, Part-time, Casual and Temporary Employees, in respect
of their employment between midnight on Friday and midnight on Sunday.
(v) The additional payments prescribed by
this clause will not form part of the employee's ordinary pay for the purposes
of this award, except as provided in clause 30, Annual Leave.
(vi) This clause will not apply to Nurse/Midwife
Managers classified Grade 4 or above.
16. Fares and Expenses
(i) An employee required to travel in the
performance of duty will be reimbursed first-class rail fares (including sleeper
accommodation) and all reasonable out-of-pocket expenses.
(ii)
(a) An employee who is engaged for an
indefinite period and who remains in the employment for at least six months
will be reimbursed forward fares from the place of engagement, provided that
the distance of normal travel therefrom to the employment exceeds 40
kilometres.
(b) An employee who is engaged for an
indefinite period and who is dismissed within six months for any reason, other
than misconduct or inefficiency will be reimbursed forward fares from the place
of engagement; provided that the distance of normal travel there from to the
employment exceeds 40 kilometres and will also be reimbursed return fares to
such place of engagement or the employee's immediate destination whichever is
the cheaper.
(iii) An employee who is engaged for a definite
period and who completes the period of engagement or who is dismissed before
completing such period for any reason other than misconduct or inefficiency,
will be reimbursed forward fares from the place of engagement provided that the
distance of normal travel therefrom to the employment exceeds 40 kilometres and
will be reimbursed return fares to such place of engagement or to the
employee's immediate destination, whichever is the cheaper.
(iv) Subclauses (ii) and (iii) of this clause
will not apply to nurses travelling to a midwifery training school to enter
upon midwifery training or to nurses travelling to a public hospital for
post-graduate training.
(v) Fares within the meaning of this clause
will include only fares incurred in respect of travel within New South Wales.
(vi) An employee who claims reimbursement of
fares, pursuant to this clause, must provide to the employer, if so required,
satisfactory proof that she or he has not received from another employer
reimbursement in respect to those fares.
17. Special Rates and Conditions
(i) In addition to the rates prescribed by
clause 9, Salaries, the additional rates as set in Item 11, of Table 2 of Part
B will be payable to the undermentioned employees of the Tibooburra and Ivanhoe
District Hospitals: -
Registered
Nurses/Midwives;
All Enrolled
Nurse classifications; or
Assistants in
Nursing.
(NOTE: These additional rates are compensation for
overtime and adverse conditions.)
(ii) In addition to the annual leave prescribed
by clause 30, Annual Leave, the Director of Nursing and registered nurses at
the Tibooburra District Hospital and Ivanhoe District Hospital will be allowed
seven days leave of absence annually on full pay.
(iii) All nurses employed by the Justice Health
Service, nurses working in the Kestrel Unit, Morisset and Court Liaison Nurses
employed by a Local Health District will be paid a special environmental
allowance as set out in item 11A of Table 2 of Part B. Such allowance will be
considered as salary for all purposes of this award (including the calculation
of overtime and penalty rates).and will be adjusted from time to time in accordance
with any general wage movements in this award.
Part time and Casual employees will be paid this allowance on a pro rata
basis.
(iv) All nurses employed by the Justice Health
Service will be paid a productivity allowance as set out in item 11B of Table 2
of Part B. Such allowance will be considered as salary for all purposes of this
award (including the calculation of overtime and penalty rates) and will be
adjusted from time to time in accordance with any general wage movements in
this award. Part time and Casual employees will be paid this allowance on a pro
rata basis.
Air Ambulance Service
(v) In addition to the weekly rate of pay
prescribed by clause 9, Salaries, Flight Nurses will receive the sum in Item 19
of Table 2 of Part B as an industry allowance. This allowance will not form
part of the normal wages in respect of overtime, shift penalties or penalties
for weekends and public holidays. This allowance will not be payable on annual
leave, long service leave or sick leave.
(vi) Reserve Duty Allowance - A Flight Nurse
required to stand by at a country centre outside normal rostered hours will be
paid one-third of the normal hourly rate while so doing and while not engaged
in actual duties.
(vii) Unscheduled Stopovers - A Flight Nurse required
to remain away from home overnight will be provided with accommodation and full
board of a reasonable standard which will be paid for by the Ambulance Service.
(viii) Each five hours during a tour of duty only, a
meal allowance, as set out in subclause (ix) below will be paid unless a meal
is provided.
(ix) The allowance per meal will be the average
of the allowances for breakfast, lunch and dinner as determined by Item 19 of
Table 1 of the Department of Premier and Cabinet Circular C2022-08 Meal, Travelling
and Other Allowances for 2021-22 and 2022-23, as amended or replaced
from time to time.
Team Leader
(x) Payment of the Team Leader allowance
provided for in the Health Professionals and Medical Salaries Award ceased to
apply for employees covered by this award from 1 July 2008, except that nurses
in receipt of such an allowance immediately prior to 1 July 2008 whose salary
is in advance of the applicable rate under the NSW Health Service Health
Professionals (State) Award continue to receive that allowance while occupying
their existing role.
(xi) A registered nurse responsible for the
leadership, guidance and line management of a multi-disciplinary team of health
professionals in a community-based service whose annual salary is lower than
the relevant salary set out in the NSW Health Service Health Professionals
(State) Award for the Team Leader role will for all purposes be paid the
difference between their salary and the applicable salary set out in the NSW
Health Service Health Professionals (State) Award for the relevant Team Leader
classification as follows:
(a) A registered nurse responsible for the leadership,
guidance and line management of a multi-disciplinary team of up to five other
full time equivalent health professionals or other technical staff or support
staff providing clinical input in a community-based service will be paid the
base salary applicable to Health Professional Level 3, Year 2.
(b) A registered nurse responsible for the
leadership, guidance and line management of a multi-disciplinary team of more
than five and less than 10 other full time equivalent health professionals or
other technical staff or support staff providing clinical input in a
community-based service will be paid the base salary applicable to Health
Professional Level 4, Year 2.
(c) A registered nurse responsible for the
leadership, guidance and line management of a multi-disciplinary team of more
than 10 and less than 20 other full time equivalent health professionals or
other technical staff or support staff providing clinical input in a
community-based service will be paid the base salary applicable to Health Professional
Level 5, Year 2.
18. Telephone Allowance
If an employee is
required by his or her employer to have a telephone installed at his or her
residence for the purposes of his or her employment, the employer will be
responsible for the payment of -
(a) the cost of installation of the telephone
(b) three quarters of the cost of the rental
of that telephone
(c) the cost of all official calls.
19. Work Health and
Safety for Employees of Contractors and Labour Hire Business
(i) This clause arises from the Secure
Employment Test Case 2006 (NSW). For the purposes of this subclause, the
following definitions will apply:
(a) A
"labour hire business" is a business (whether an organisation,
business enterprise, company, partnership, co-operative, sole trader, family
trust or unit trust, corporation and/or person) which has as its business
function, or one of its business functions, to supply staff employed or engaged
by it to another employer for the purpose of such staff performing work or
services for that other employer.
(b) A
"contract business" is a business (whether an organisation, business
enterprise, company, partnership, co-operative, sole trader, family trust or
unit trust, corporation and/or person) which is contracted by another employer
to provide a specified service or services or to produce a specific outcome or
result for that other employer which might otherwise have been carried out by
that other employer’s own employees.
(ii) Any employer which engages a labour hire
business and/or a contract business to perform work wholly or partially on the
employer’s premises will do the following (either directly, or through the
agency of the labour hire or contract business):
(a) consult with employees of the labour hire
business and/or contract business regarding the workplace occupational health
and safety consultative arrangements;
(b) provide employees of the labour hire business
and/or contract business with appropriate work, health and safety induction
training including the appropriate training required for such employees to
perform their jobs safely;
(c) provide employees of the labour hire
business and/or contract business with appropriate personal protective
equipment and/or clothing and all safe work method statements that they would
otherwise supply to their own employees; and
(d) ensure employees of the labour hire
business and/or contract business are made aware of any risks identified in the
workplace and the procedures to control those risks.
(iii) Nothing in this clause is intended to
affect or detract from any obligation or responsibility upon a labour hire
business arising under the Work Health
and Safety Act 2011 (NSW) or the Workplace Injury Management and Workers
Compensation Act 1998
(NSW), as amended or replaced from time to time.
(iv) Disputes regarding the application of this
clause. Where a dispute arises as to the application or implementation of this
clause, the matter will be dealt with pursuant to the disputes settlement
procedure of this award.
(v) This clause has no application in respect
of organisations which are properly registered as “Group Training Organisations”
under the Apprenticeship and Traineeship Act 2001 (NSW) (or equivalent interstate
legislation), as amended or replaced from time to time, and are deemed by the
relevant State Training Authority to comply with the national standards for
Group Training Organisations established by the ANTA Ministerial Council.
20. Mobility, Excess Fares and Travelling
For the purpose of
this clause accustomed place of work will mean the location where an employee
is regularly required to commence duty by the employer.
(i) An employee will 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 will 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, will 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, will 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 will 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 by Item 6 of Table 1 of the (ref clause 36.3)
of Table 1 of the Department of Premier and Cabinet Circular C2022-08 Meal,
Travelling and Other Allowances for 2021-22 and 2022-23, as amended 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 relevant union(s) prior to notice of changed
accustomed place of work being given. An employer will only make such a
determination where it is reasonable in all the circumstances to do so.
(b) The employer must give the employee
reasonable notice of the requirement to report to a new accustomed place of
work. For the purpose of this sub-clause, "reasonable notice" will 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 will 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 Ministry of Health, which will
discuss the matter with the appropriate union(s) and will determine the date upon
which notice will be given to employee(s).
(iv)
(a) The provision of this clause will 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 (b) hereunder.
(b) If a reliever incurs fares in excess of
the amount as set in Item 12 of Table 2 - Other Rates and Allowances per day in
travelling to and from the relief site, the excess will be reimbursed.
(c) 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 as set in Item 12 of Table 2 - Other Rates and
Allowances per day to and from the relief site, such excess will be reimbursed.
The rate applicable will be the kilometre allowance prescribed by Item 6 of
Table 1 of the Department of Premier and Cabinet Circular C2022-08 Meal,
Travelling and Other Allowances for 2021-22 and 2022-23, as amended or
replaced from time to time.
(v) No payment will be made under this clause
unless the employer is satisfied that the employee has incurred additional
expenditure in having to report to an alternative 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, must in all instances be by the
most direct route.
21. Car Allowance
An employee who,
with the approval of the Chief Executive Officer or their nominee, uses on
official business a motor vehicle maintained primarily for other than official
business, will be paid an allowance based on the rates prescribed by Item 6 of Table 1 of the Department of Premier and Cabinet
Circular C2022-08 Meal, Travelling and Other Allowances for 2021-22 and 2022-23,
as amended or replaced from time to time.”
22. Provision of Communication Device
An employee who is
required to visit clients away from a secure working environment will, during the
performance of such duties, be provided with a suitable and effective
communication device. The provision of this equipment is intended to improve
service delivery, together with enhancing the safety and wellbeing of the
employee.
23. Uniform and Laundry Allowances
(i) Subject to subclause (ii) of this clause,
sufficient, suitable and serviceable uniforms, including one pair of shoes per
annum which must be of a recognised acceptable standard for the performance of
nursing duties, shall be supplied free of cost to each employee required to
wear a uniform. An employee to whom a new uniform or part of a uniform has been
issued who, without good reason, fails to return the corresponding article last
supplied will not be entitled to have such article replaced without payment
therefore at a reasonable price.
(ii) An employee, on leaving the service of an
employer, must return any uniform or part thereof supplied by that employer
which is still in use immediately prior to leaving.
(iii)
(a) In lieu of supplying uniforms and shoes
to an employee, an employer will pay the said employee the sum as set out in
Item 13 of Table 2 of Part B per week, which includes a sum as set in the said
Item 13 per week for shoes. Provided,
however, that if a uniform includes a cardigan or jacket an additional amount
as set in the said Item 13 per week will also be paid.
(b) The allowances prescribed in this
subclause continue to be payable during any period of paid leave.
(iv)
(a) If, in any public hospital or public health
organisation, the uniforms of an employee are not laundered at the expense of
the employer, an allowance as set out in Item 14, of Table 2 of Part B per week
will be paid to the said employee. Provided that this allowance is not payable
during any period of leave which exceeds one continuous week.
(b) This allowance is also payable to
employees providing direct clinical care and who are not required to wear a
uniform.
(v) Where the employer requires any employee
to wear headgear, the employer will provide headgear free of charge to the
employee.
(vi) Each employee whose duties regularly
require them to work outdoors will be supplied with a suitable waterproof coat,
hat and overboots. Sufficient waterproof clothing will be made available for
use by other employees who in the course of their duties are exposed to wet
weather.
(vii) The Ambulance Service will provide for each
employee sufficient suitable and serviceable uniforms, including the following
articles of clothing:
(a) For female employees:
1 Uniform
Jacket
3 Culotte
Mid-weight Skirts
2 Winter
weight Culotte Skirts
3 Slacks
4 Blouses (2
long sleeve, 2 short sleeve)
1 Pair of
Shoes
1 Handbag
1 Cardigan
1 Raincoat
1 Parka
(b) For
male employees - The equivalent items of clothing of the NSW Ambulance Service
officers' uniform will be provided.
24. Higher Grade Duty
(i) An employee who is called upon to relieve
and does relieve an employee in a higher classification or is called upon to
act and does act in a vacant position of a higher classification for a
continuous period of at least five working days will be entitled to receive for
the period of such relief or acting, the minimum payment for such higher
classification. The employer will not
rotate the performance of higher grade duty so as to avoid payment for
performance of the higher grade duty in this manner.
(ii) Where an employee acts in a vacant
management position covered by this award continuously for more than six
months, the employee will be deemed to be appointed to that position until such
time as another appointment is made by the employer, or the employer determines
that the management position will no longer be occupied. The employer will have appropriate regard to
the sharing of acting arrangements for developmental purposes and equitable
treatment of employees, but the employer shall not rotate duties in such a
manner as to avoid the intentions of this subclause.
25. Overtime
(i)
(a) Subject to paragraph (b) of this
subclause an employer may require an employee to work reasonable overtime.
(b) 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.
(c) For the purposes of paragraph (b), what
is unreasonable or otherwise will be determined having regard to:
(i) any risk to employee health and safety;
(ii) the employee’s personal circumstances
including any family and carer responsibilities;
(iii) the needs of the workplace or enterprise;
(iv) the notice (if any) given by the employer
of the overtime and by the employee of his or her intention to refuse it; and
(v) any other relevant matter.
(ii)
(a) Subject to paragraph (b) of this
subclause all time worked by employees in excess of the rostered daily ordinary
hours of work will be overtime and will be paid for at the rate of time and one
half for the first two hours and double time thereafter in respect of each
overtime shift worked or in respect of overtime worked prior to or at the
conclusion of a normal shift. Provided that overtime worked on Sundays will be
paid for at the rate of double time and on public holidays at the rate of
double time and one half.
(b) Employees employed
pursuant to Part 1 of clause 29, Part Time, Casual and Temporary Employees,
(i.e. Permanent Part-Time Employees) will be entitled to payment for overtime
in accordance with the arrangements set out in NSW Health Policy Directive
PD2018_033 Nurses and Midwives - permanent part-time - overtime provisions for
on call roster, as amended from time to time. Overtime will 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 will be paid for at the rate of double
time and on public holidays at the rate of double time and one half.
(iii) An employee recalled to work overtime after
leaving the employer's premises will be paid for a minimum of four hours work
at the appropriate rate each time so recalled. If the work required is
completed in less than four hours, the employee will be released from duty.
(iv) In lieu of the conditions specified in
subclauses (ii) and (iii) of this clause, a nurse who works overtime may be
compensated by way of time off in lieu of overtime, subject to the following
requirements:
(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 a nurse 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) Nurses cannot be compelled to take time
off in lieu of overtime.
(d) Time off in lieu of overtime should only
be considered as an option in those circumstances where the employer is able to
provide adequate replacement staff to ensure that the level of quality of
service that would otherwise have been provided had overtime been worked, is in
fact provided.
(e) Records of all time off in lieu owing to
nurses and taken by nurses must be maintained.
(v) An employee required to work overtime
following on the completion of his or her normal shift for more than two hours
will be allowed twenty minutes for the partaking of a meal and a further twenty
minutes after each subsequent four hours overtime; all such time will be
counted as time worked. Provided that the benefits of this subclause will not
apply to an employee employed pursuant to Part 1 of clause 29, Part-Time,
Casual and Temporary Employees, until the expiration of the normal shift for a
majority of the full-time employees employed on that shift in the ward or
section concerned.
(vi) An employee recalled to work overtime after
leaving the employer's premises and who is required to work for more than four
hours will be allowed twenty minutes for the partaking of a meal and further
twenty minutes after each subsequent four hours overtime; all such time will be
counted as time worked.
(vii)
(a) The
meals referred to in subclause (v) and (vi) of this clause will be allowed to
the employee free of charge. Where the employer is unable to provide such
meals, or an employee so elects, an allowance per meal as calculated hereunder
will be paid to the employee concerned.
(b) The allowance per meal will be the average
of the allowances for breakfast, lunch and dinner as determined by Item 19 of
Table 1 of the Department of Premier and Cabinet Circular C2022-08 Meal,
Travelling and Other Allowances for 2021-22 and 2022-23, as amended or
replaced from time to time.
(viii) Where an employee is required to work an
overtime shift on his or her rostered day off, the appropriate meal breaks for
that shift, as prescribed by clause 4, Hours of Work and Free Time of Employees
Other Than Directors of Nursing and
Area Managers, Nurse Education, will apply.
(ix) An employee who works so much overtime:
(a) between the termination of his or her
ordinary work on any day or shift and the commencement of his or her ordinary
work on the next day or shift that he or she has not had at least ten
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 ten
consecutive hours off duty in the twenty-four hours preceding his or her
ordinary commencing time on his or her next day or shift;
will, subject
to this subclause, be released after completion of such overtime until he or
she has had ten consecutive hours off duty without loss of pay for ordinary
working time occurring during such absence.
If on the instruction of the employer such an employee resumes or
continues to work without having had such ten consecutive hours off duty he or
she will be paid at double rates until released from duty for such period and
he or she then will be entitled to be absent until he or she has had ten
consecutive hours off duty without loss of pay for ordinary working time
occurring during such absence.
(c) The requirement for an employee to have
at least ten consecutive hours off duty before or after overtime will be
reduced to eight hours in the following circumstances:
(i) Where the employee and local nursing management
have agreed to an eight hour break between each rostered shift;
(ii) Where an employee has exchanged the shift
rostered before or after the overtime period with another employee.
(d) Periods rostered on-call or periods
attracting the prescriptions of paragraph (c) of subclause (vii) of clause 12,
Special Allowances, regarding telephone counselling are to be regarded as
forming part of the ten consecutive hours off duty pursuant to paragraphs (a)
and (b) of this subclause.
(x) Where an employee has been rostered to
work overtime and is subsequently notified by the employer with less than 24
hours notice that the overtime has been cancelled, the employee will be
entitled to payment of four hours pay at ordinary time, i.e. at the employee's
base rate of pay.
(xi) This clause will not apply to Nurse/Midwife
Managers classified at Grade 4 or above, except where all of the following
criteria are met:
(a) the Nurse/Midwife Manager is employed in
a small public hospital that does not employ Nurse/Midwife Managers to
supervise the nursing/midwifery services on evenings, nights and/or weekends;
and
(b) the Nurse/Midwife Manager is required to
work overtime due to the public hospital having insufficient nursing/midwifery
staff available to be rostered on duty at the relevant time; and
(c) the Nurse/Midwife Manager is required to
work overtime in order to personally provide "hands on" clinical care
of patients.
26. Escort Duty
(i) Periods during which an employee, other
than a Director of Nursing, is engaged in nursing duties, viz., in attendance
on a patient, will be paid as working time under this award. Where applicable,
overtime will be payable.
(ii) All reasonable out of pocket expenses will
be reimbursed.
(iii) Rostered time will be paid as such even
though an employee may be travelling, in hotel/motel accommodation or waiting
for transport.
(iv) In respect of non-rostered time not spent
in nursing duties:
(a) Periods in hotel/motel accommodation or
waiting time for transport will not be counted as working time;
(b) Periods in travelling will count as
working time.
27.
Payment and Particulars of Salaries
(i) All salaries and other payments will be paid
fortnightly provided that payment for any overtime and/or shift penalties
worked may be deferred to the pay day next following the completion of the
working cycle within which such overtime and or shift penalties is worked, but
for no longer. Provided further that any
proposal to alter the day on which wages are to be paid or the number of days
pay kept in hand by the employer, must be the subject of consultation with the
Head Office of the Association.
(ii) Employees will have their salary paid into
one account with a bank or other financial institution in New South Wales as
nominated by the employee. Salaries will be deposited by the employer in
sufficient time to ensure that wages are available for withdrawal by employees
by no later than payday, provided that this requirement will 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 will take all reasonable steps to ensure that the wages of
such employees are available for withdrawal by no later than payday.
(iii) Notwithstanding the provisions of subclause
(ii) of this clause, an employee who has given or has been given the required
notice of termination of employment, in accordance with clause 45, Termination
of Employment, will be paid all monies due to him/her prior to ceasing duty on
the last day of employment. Where an employee is summarily dismissed or his/her
services are terminated without due notice, any monies due to him/her will be
paid as soon as possible after such dismissal or termination but, in any case
not more than three days thereafter.
(iv) On each payday an employee, in respect of
the payment then due, will be provided with a written or electronic statement
containing the following particulars; employee’s name, the amount of ordinary
salary, the total number of hours of overtime worked, if any, the amount of any
overtime payment, the amount of any other monies paid and the purpose for which
they are paid, and the amount of the deductions made from the total earnings
and the nature thereof.
(v) Underpayment and overpayment of
salaries: The following process will
apply once the issue of underpayment or overpayment is substantiated.
(a) Underpayment:
(i) If the amount paid is equal to or greater
than one day’s gross base pay the underpayment will be rectified within three
working days;
(ii) If the amount 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
(i) In all cases where overpayments have
occurred, the employer will 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.
(ii) 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 will be at 10% of an employee's gross
fortnightly base pay.
(iii) 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.
(iv) The recovery rate of 10% of an employee's
gross fortnightly base pay referred to in subparagraph (b)(iii) above may be
reduced by agreement, where the employee can demonstrate that undue hardship
would result.
(v) 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 paragraph (b)(iii) above, the Ministry will
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.
(vi) Subject to the provisions of subparagraphs
(ii) and (iii) above, where the circumstances make it appropriate the Chief
Executive of the Public Health Organisation or delegate may exercise discretion
in regard to recovery of overpayments.
28. Registration Pending
An employee who has
met the requirements and applied for registration as a Registered Nurse or
Enrolled Nurse will, upon registration by the Board be paid as from the date of
application for registration the salary to which she or he would have been
entitled if registered as a Registered Nurse or Enrolled Nurse.
29. Part-Time, Casual and Temporary Employees
PART
I
PERMANENT PART-TIME EMPLOYEES
(i) A permanent part-time employee is one who
is permanently appointed by a public hospital or public health organisation to
work a specified number of hours which are less than those prescribed for a
full-time employee. Provided that employers must not utilise this provision in
a manner which has the effect of subverting the intentions of the 38-hour week
arrangements whereby full-time employees work on no more than 19 days in each
28 day roster cycle.
(ii) The number of persons employed under Part
1 of this clause will be limited so that the proportion of a public hospital's
permanent part-time nursing workforce, expressed in full-time equivalents, will
not exceed 33 1/3 per cent of the public hospital's total nursing workforce,
expressed in full-time equivalents. Provided that where the consent of the
Association is first obtained, the figure of 33 1/3 per cent permanent
part-time employees may be exceeded. Should the Association not consent to a
higher percentage of permanent part-time employees at a public hospital, resort
may be had to the dispute settling procedures provided for in clause 48,
Disputes. The parties agree that they will take account of the Government’s
flexible work practices policy.
(iii) Subject to subclause (iv) of this clause
employees engaged under Part 1 of this clause will be paid an hourly rate
calculated on the basis of one thirty-eighth of the appropriate rate prescribed
by clause 9, Salaries, with a minimum payment of two hours for each start, and
one thirty-eighth of the appropriate allowances prescribed by clause 23,
Uniform and Laundry Allowances, but will not be entitled to an additional day
off or part thereof as prescribed by subclauses (iii) and (v) of clause 4,
Hours of Work and Free Time of Employees Other Than Directors of Nursing and
Area Managers, Nurse Education.
(iv) Four weeks annual leave on ordinary pay is
to be granted on completion of each twelve months service, The provisions of
subclauses (v) to (xi) of clause 30, Annual Leave, and clause 31, Annual Leave
Loading, will apply to employees engaged under Part 1 of this clause. The
remaining provisions of clause 30, Annual Leave, will not apply.
(v) A public holiday occurring on an ordinary
working day will be allowed to employees without loss of pay; provided that an employee
who is required to and does work on a public holiday will have one day or one
half day, as appropriate, added to his/her period of annual leave and be paid
at the rate of one half time extra for the time actually worked. Such payment
is in lieu of any additional rate for shift work or weekend work which would
otherwise be payable had the day not been a public holiday. In lieu of adding to annual leave under this
paragraph an employee may elect to be paid for the time actually worked at the
rate of time and one half in addition to his/her ordinary weekly rate. Where
payment is made in lieu of leave in respect of time worked on a public holiday,
payment will be made for a minimum of four hours work, and any balance of the
day or shift not worked will be paid at ordinary rates. For employees who work
less than five days per week, when a public holiday occurs on a day of the week
on which an employee regularly works, that employee will be entitled to observe
the public holiday without loss of pay, i.e. the employee’s roster must not be
changed to avoid payment of the public holiday.
(vi) To the leave prescribed by subclause (iv)
of this Part there will be added one working day for each public holiday or
one-half working day for each half public holiday which occurs on what would
have been an ordinary working day during a period of annual leave.
(vii) For the purpose of this Part of this clause
the following are to be public holidays, viz., New Year's Day, Australia Day,
Good Friday, Easter Saturday, Easter Monday, Anzac Day, Queen's Birthday,
Labour Day, Christmas Day, Boxing Day and any other day duly proclaimed and
observed as a public holiday within the area in which the employee’s usual
workplace is situated.
(viii) In addition to those public holidays
prescribed in subclause (vii) of this Part, there will be an extra public
holiday each year. Such public holiday will occur on the August Bank Holiday or
a date which is determined by the public hospital or public health organisation
following consultation with the Association. This subclause will apply in
substitution for any additional local public holiday or half public holiday
proclaimed in a local government area.
(ix) In this Part, ordinary pay, for the
purposes of sick leave and annual leave, will be calculated on the basis of the
average weekly ordinary hours worked over the 12 months' qualifying period.
(x) Employees engaged under this Part will be
entitled to all other benefits of this award not otherwise expressly provided
for herein in the same proportion as their ordinary hours of work bear to
full-time hours.
(xi) Where a permanent part-time employee has
been rostered to work any additional shift and is subsequently notified by the
employer with less than 24 hours’ notice that the shift has been cancelled, the
employee will be entitled to payment of four hours pay at ordinary time, i.e.
at the employee's base rate of pay.
(xii) A part time employee may elect to increase
their contracted hours to reflect the average of the actual hours worked per
fortnight in the preceding 12 month period (except in circumstances where the
part time engagement has been specifically for the purpose of temporarily
backfilling a position where the substantive occupant has been on extended
leave). The employer will not unreasonably withhold agreement to this request.
(xiii) A part time employee may elect to convert to
full time status. The employer will not unreasonably withhold such agreement to
this request.
PART
II
CASUAL EMPLOYEES
A. General
Provisions
(i) A casual employee is one engaged on an
hourly basis otherwise than as a permanent part-time or full-time employee.
(ii) A casual employee will be paid an hourly
rate calculated on the basis of one thirty-eighth of the appropriate rate,
prescribed by clause 9, Salaries, plus 10 per centum thereof, with a minimum
payment of two hours for each start, and one thirty-eighth of the appropriate
allowances prescribed by clause 23, Uniform and Laundry Allowances.
(iii) With respect to a casual employee the
provisions of clause 41, Deputy Directors of Nursing, Assistant Directors of
Nursing; clause 7, Hours of Work and Free time of Directors of Nursing and Area
Managers, Nurse Education; clause 25, Overtime; clause 30, Annual Leave; clause
16, Fares and Expenses; clause 20, Mobility, Excess Fares and Travelling,
clause 55, Learning and Development Leave and subclause (vii) of clause 38,
Accommodation and Board, will not apply.
Further,
casual employees will not be entitled to an additional day off or part thereof
as prescribed by subclauses (iii) and (v) of clause 4, Hours of Work and Free
Time of Employees Other Than Directors of Nursing and Area Managers, Nurse
Education.
(iv) For the entitlement to payment in respect of
annual leave, see Annual Holidays Act 1944 (NSW).
(v) A casual employee who is required to and
does work on a public holiday as defined in subclauses (iii) and (iv) of clause
30, Annual Leave, will be paid for the time actually worked at the rate of double
time and one-half such payment being in lieu of weekend or shift allowances
which would otherwise be payable had the day not been a public holiday;
provided that a casual employee will not be entitled to be paid in addition the
allowance of 10 per centum prescribed in subclause (ii) of Part II in respect
of such work.
(vi) Where a casual employee has been notified
by an employer of a time to commence an engagement and that engagement is
subsequently cancelled by the employer with less than two hours’ notice the
casual employee must be paid a minimum payment of two hours calculated at the
rate which would have applied had the cancellation not occurred.
(vii) A casual employee must not be required to
work more than 12 consecutive hours unless the casual employee consents to do
so.
B. Casual
Conversion
(i) The objective of this subclause B, Casual
Conversion, is for the employer to take all reasonable steps to provide its
employees with secure employment by maximising the number of permanent
positions in the employer’s workforce, in particular by ensuring that casual
employees have an opportunity to elect to become full-time or part-time
employees. These provisions arise from the Secure Employment Test Case 2006
(NSW).
(ii) A casual employee engaged by a particular
employer on a regular and systematic basis for a sequence of periods of
employment under this award during a calendar period of six months will
thereafter have the right to elect to have his or her ongoing contract of
employment converted to permanent full-time employment or part-time employment
if the employment is to continue beyond the conversion process prescribed by
this subclause.
(iii) Every employer of such a casual employee
will give the employee notice in writing of the provisions of this sub-clause
within four weeks of the employee having attained such period of six months.
However, the employee retains his or her right of election under this subclause
if the employer fails to comply with this notice requirement.
(iv) Any casual employee who has a right to
elect under paragraph (ii), upon receiving notice under paragraph (iii) or
after the expiry of the time for giving such notice, may give four weeks’
notice in writing to the employer that he or she seeks to elect to convert his
or her ongoing contract of employment to full-time or part-time employment, and
within four weeks of receiving such notice from the employee, the employer must
consent to or refuse the election, but will not unreasonably so refuse. Where
an employer refuses an election to convert, the reasons for doing so will be
fully stated and discussed with the employee concerned, and a genuine attempt
will be made to reach agreement. Any dispute about a refusal of an election to
convert an ongoing contract of employment will be dealt with as far as
practicable and with expedition through the disputes settlement procedure.
(v) Any casual employee who does not, within
four weeks of receiving written notice from the employer, elect to convert his
or her ongoing contract of employment to full-time employment or part-time
employment will be deemed to have elected against any such conversion.
(vi) Once a casual employee has elected to
become and been converted to a full-time employee or a part-time employee, the
employee may only revert to casual employment by written agreement with the
employer.
(vii) If a casual employee has elected to have his
or her contract of employment converted to full-time or part-time employment in
accordance with paragraph (iv), the employer and employee will, in accordance
with this paragraph, and subject to paragraph (iv), discuss and agree upon:
(a) whether the employee will convert to
full-time or part-time employment; and
(b) if it is agreed that the employee will
become a part-time employee, the number of hours and the pattern of hours that
will be worked either consistent with any other part-time employment provisions
of this award or pursuant to a part time work agreement made under Chapter 2,
Part 5 of the Industrial Relations Act 1996 (NSW), as amended or
replaced from time to time.
Provided that
an employee who has worked on a full-time basis throughout the period of casual
employment has the right to elect to convert his or her contract of employment
to full-time employment and an employee who has worked on a part-time basis
during the period of casual employment has the right to elect to convert his or
her contract of employment to part-time employment, on the basis of the same
number of hours and times of work as previously worked, unless other
arrangements are agreed between the employer and the employee.
(viii) Following an agreement being reached pursuant
to paragraph (vii), the employee will convert to full-time or part-time
employment. If there is any dispute about the arrangements to apply to an
employee converting from casual employment to full-time or part-time
employment, it will be dealt with as far as practicable and with expedition
through the disputes settlement procedure.
(ix) An employee must not be engaged and
re-engaged, dismissed or replaced in order to avoid any obligation under this
subclause.
PART
III
TEMPORARY EMPLOYEES
(i) A temporary employee is one engaged for a
set period not exceeding 13 weeks, provided that fixed term contracts of
employment, whether for periods greater or lesser than 13 weeks, must not be
offered in preference to ongoing contracts unless they are necessary to meet
the genuine operational requirements of the employer, which may include but not
be limited to parental leave, limited term funding arrangements, long term
leave relief, forthcoming service reductions, and anticipated peak demand
times.
(ii) A temporary employee will be paid in
addition to all rates and allowances to which the said employee is entitled
under this award, an allowance equal to 10 per centum of the rates prescribed
for his or her classification by clause 9, Salaries, of this award, provided
that this subclause will cease to apply upon:
(a) the said period of engagement being
extended after the said period of 13 weeks;
(b) the employer and the employee agreeing
during the said period of 13 weeks, that the employee will be employed on a
permanent part-time or full-time basis.
(iii) For entitlement to payment in respect of
annual leave, see Annual Holidays Act 1944 (NSW).
PART
IV
SAVINGS PROVISIONS
(i) Employees engaged as part-time employees as
at 30 June 1986 will be entitled to exercise the option of receiving the
benefits of employment specified in Part 1 of this clause or in lieu thereof
the following:
(ii) Such part-time employee will be paid an
hourly rate calculated on the basis of one thirty-eighth of the appropriate
rate prescribed by clause 9, Salaries, plus 10 per centum thereof with a
minimum payment of two hours for each start, and one thirty-eighth of the
appropriate allowance prescribed by clause 23, Uniform and Laundry Allowances.
(iii) With respect to such part-time employees,
the provisions of clause 41, Deputy Directors of Nursing, Assistant Directors
of Nursing; clause 7, Hours of Work and Free Time of Directors of Nursing and
Area Managers, Nurse Education; clause 25, Overtime; clause 30, Annual Leave;
clause 16, Fares and Expenses; clause 20, Mobility, Excess Fares and Travelling
and subclause (vii) of clause 38, Accommodation and Board, of this award will
not apply. Further, part-time employees will not be entitled to an additional
day off or part thereof as prescribed by subclauses (iii) and (v) of clause 4,
Hours of Work and Free Time of Employees Other Than Director of Nursing and
Area Managers, Nurse Education.
(iv) For entitlement to payment in respect of
annual leave, see Annual Holidays Act 1944 (NSW).
(v) Such part-time employee who is required
to and does work on a public holiday as defined in subclause (iii) and (iv) of clause
30, Annual Leave, will be paid for the time actually worked at the rate of
double time and one half such payment being in lieu of weekend or shift
allowances which would otherwise be payable had the day not been a public
holiday; Provided that a part-time employee will not be entitled to be paid in
addition the allowance of 10 per cent prescribed in subclause (ii) of this Part
in respect of such work.
(vi) The provisions of subclauses (i) and (ii)
of clause 33, Long Service Leave, of this award will not apply to such
part-time employees who will be entitled to long service leave in accordance
with the provisions of the Long Service
Leave Act 1955 (NSW).
30. Annual Leave
(i) Annual leave on full pay is to be granted
on completion of each twelve months' service as follows:
(a) Employees required to work on a seven day
basis - six weeks annual leave.
(b) All other employees - four weeks annual
leave.
(ii)
(a) An employee to whom paragraph (a) of
subclause (i) of this clause, applies and who is required to and does work on a
public holiday will be paid, in addition to the appropriate ordinary weekly
rate of pay, at the rate of one half time extra for the time actually worked on
such holiday. Such payment will be in lieu of any additional rate for shift
work or weekend work which would otherwise be payable had the day not been a
public holiday.
(b) To leave prescribed by paragraph (a) of
subclause (i), there will be added one working day or one half working day for
each public holiday or half public holiday (not being one of the 10
specifically named public holidays prescribed by subclause (iii) of this
clause, or a substituted day proclaimed in lieu of any of them) which may occur
during the qualifying period for annual leave or during the period of annual
leave.
(c) A public holiday occurring on an ordinary
working day will be allowed to employees covered by paragraph (b) of subclause
(i) on full pay; provided that an employee who is required to and does work on
a public holiday will have one day or one half day, as appropriate, added to
his/her period of annual leave and be paid at the rate of one half time extra
for the time actually worked. Such payment is in lieu of any additional rate
for shift work or weekend work which would otherwise be payable had the day not
been a public holiday.
In lieu of
adding to annual leave under this paragraph an employee may elect to be paid
for the time actually worked at the rate of time and one half in addition to
his/her ordinary weekly rate. Where payment is made in lieu of leave in respect
of the time worked on a public holiday, payment will be made for a minimum of
four hours work, and any balance of the day or shift not worked will be paid at
ordinary rates.
(d) Where a public holiday falls on a rostered
day off of a shift worker as defined in clause 3, Definitions, and who receives
four weeks annual leave in accordance with paragraph (b) of subclause (i) of
this clause, such shift worker will be paid one day's pay in addition to the
weekly rate or if the employee so elects will have one day added to the period
of annual leave.
(e) To the leave prescribed by paragraph (b)
of subclause (i) there will be added one working day for each public holiday or
one half working day of each half public holiday which occurs on what would
have been an ordinary working day during a period of annual leave; provided
that in the case of a shift worker referred to in paragraph (d) of this
subclause the provisions of this paragraph will apply to any public holiday
falling during the period of annual leave.
(iii) For the purpose of this subclause the
following are to be public holidays viz., New Year's Day, Australia Day, Good
Friday, Easter Saturday, Easter Monday, Anzac Day, Queen's Birthday, Labour
Day, Christmas Day, Boxing Day and any other day duly proclaimed and observed
as a public holiday within the area in which the employee’s usual workplace is
situated.
(iv) In addition to those public holidays
prescribed in subclause (iii) of this clause, employees are entitled to an
extra public holiday each year. Such
public holiday will occur on a day in the Christmas-New Year period as
determined by the employer following consultation with the Association, or
other suitable day as agreed between the employer and the Association. Such public holiday will be regarded for all
purposes of this clause as any other public holiday. This subclause will apply in substitution for
any additional local public holiday or half public holiday proclaimed in a
local government area.
(v) An employee will be eligible for annual
leave when 12 months have elapsed since the date on which the first annual
leave would have begun if taken immediately it had become due, or if the
employee has not previously had annual leave, since the commencement of
employment.
(vi) Annual leave will be given and taken either
in one consecutive period or two periods, or if the employer and employee so
agree, in either two, three, or four separate periods but not otherwise. Provided that up to five single days per year
may be taken at times convenient to both the employer and the employee.
(vii)
(a) Annual leave will be given and will be
taken within a period of six months after the date when the right to annual
leave accrued; provided that the giving and taking of such leave may be
postponed, by mutual agreement between the parties for a further period not
exceeding six months.
(b) Nothing in this subclause will prevent an
employer by agreement with the employee, from allowing annual leave to an
employee before the right thereto has accrued but where leave is taken in such
a case a further period of annual leave will not commence to accrue until the
expiration of the 12 months in respect of which annual leave was taken before
it accrued.
(c) The employer should give each employee,
where practicable, three months notice of the date upon which he or she will
enter upon leave and in any event, such notice must not be less than 28 days.
(viii)
(a) Each employee before going on leave will
be paid for the period of the leave at the ordinary rate of salary to which he
or she is entitled under this award.
(b) For the purpose of this subclause
"ordinary rate of salary" means the award salary without any
deduction for accommodation and/or board, provided that the employer is
entitled to make such deduction for accommodation as is authorised by clause
38, Accommodation and Board, of this award, if the employee, having been
requested by the employer to leave his or her room completely vacant during the
period of annual leave, fails to do so.
(c) An employee to whom paragraph (a) of subclause
(i) applies will be paid during the first 28 consecutive days whilst on annual
leave his or her ordinary rate of salary plus shift allowances and weekend
penalties relating to ordinary time the employee would have worked if he or she
had not been on annual leave. Additional annual leave accrued under subclause
(xi) attracts shift allowances and weekend penalties relating to ordinary time
the employee would have worked if he or she had not been on annual leave.
Provided that,
the provisions of the preceding paragraphs of this subclause will not apply to
public holidays which occur during a period of annual leave or days which have
been added to annual leave in accordance with paragraph (b) of subclause (ii)
and subclause (iv) of this clause.
(ix) Except as provided in subclause (x) and
(xi) of this clause payment for annual leave will not be made or accepted in
lieu of annual leave.
(x) Where the employment of an employee is
terminated, the employee will be entitled to receive, in addition to all other
amounts due, in respect of service of less than one year an amount equal to one
twelfth (6/46ths in respect of employees rostered to work on a seven day basis)
of his or her ordinary pay for that period of employment together with payment
for any days added to annual leave in accordance with subclause (ii) of this
clause and in calculating such payment no deduction is to be made for
accommodation or board. Provided that this subclause will not apply to an
employee who elects to transfer his or her leave entitlement in accordance with
NSW Health Policy Directive PD2023_006 Leave Matters for the NSW Health
Service, as amended from time to time.
(xi)
(a) In addition to the leave prescribed by
subclause (i) employees who work their ordinary hours on Sundays and/or public
holidays are entitled to receive additional annual leave as follows:
|
Number of ordinary shifts worked on
Sundays and/or public holidays during qualifying period of employment for
annual leave purposes
|
Additional Annual Leave
|
|
4 to 10
|
1 day
|
|
11 to 17
|
2 days
|
|
18 to 24
|
3 days
|
|
25 to 31
|
4 days
|
|
32 or more
|
5 days
|
(b) An employee entitled to additional annual leave
under subclauses 30(i)(a), 30(xi)(a) or 17(ii) can elect at any time to be paid
an amount equivalent to the value of accrued additional annual leave in lieu of
taking the additional leave, provided also that salary for the period of
additional leave paid out will be calculated as if the period of leave paid was
actually taken.
(c) On termination of employment, employees
are to be paid for untaken annual leave due under this subclause together with
payment for any leave in respect of an uncompleted year of employment
calculated in accordance with this subclause together with payment for any
untaken leave due in accordance with subclause (x). Provided that this subclause will not apply
to an employee who elects to transfer his or her leave entitlement in
accordance with NSW Health Policy Directive PD2023_006 Leave Matters for the
NSW Health Service, as amended from time to time.
31. Annual Leave Loading
Employees will be
paid an annual leave loading in accordance with NSW Health Policy Directive
PD2023_006 Leave Matters for the NSW Health Service, as amended from time to
time.
32. 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) FACS Leave and Personal/Carer’s Leave are
available to all part time and full time employees covered by this award in
accordance with Parts A, B and D of this clause.
(iii) FACS Leave and Personal/Carer’s Leave are
available to all casual employees covered by this award in accordance with Part
C of this clause.
A. FACS Leave
(iv) 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 appropriate Chief Executive or
authorised delegate 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).
(v) FACS Leave replaces Compassionate Leave.
(vi) An employee is not to be granted FACS Leave
for attendance at court to answer a criminal charge, unless the Chief Executive
or authorised delegate approves the grant of leave in the particular case.
Applications
for FACS Leave to attend court, for reasons other than criminal charges, will
be assessed on an individual basis.
The use of
FACS leave to attend court pursuant to clause 11, Leave for Matters arising
from Family Violence, of this award, will be governed by the provisions of that
clause.
(vii) FACS leave - entitlement
(a) The maximum amount of FACS Leave on full
pay that may be granted to an employee is:
- 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
- 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
entitlement, a working day for employees working an average of 38 hours per
week in each roster cycle will be deemed to consist of 8 hours. The rate at which FACS Leave is paid out and
utilised will be on actual hours absent from the rostered shift.
(c) FACS Leave is available to part-time
employees on a pro rata basis.
(viii) 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 paragraph
(iv)(a) of this clause.
(ix) Use of other leave entitlements
The
appropriate Chief Executive or authorised delegate 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
(x) 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.
(xi) 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 the employee being responsible for
the care and support of the person concerned; and the person concerned being as
defined in subclause (x) of this clause.
(b) An employee covered by the provisions of
this clause with responsibilities in relation to a person who needs their care
and support will 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 three years may also be accessed by
an employee with responsibilities in relation to a person who needs their care
and support.
(d) The Chief Executive or authorised delegate
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 paragraph (c) above.
(e) The employee must, 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 should, 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 may 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 subclause where another person has taken leave
to care for the same person.
(xii) 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 ten days in single-day periods, or part thereof, in any calendar year
at a time or times agreed by the parties. An employee and employer may agree to
defer payment of the annual leave loading in respect of single day absences
until at least five consecutive annual leave days are taken.
(b) 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;
(c) long service leave; or
(d) leave without pay for the purpose of
providing care and support to the person concerned as defined in subclause (x)
above.
C. Casual Employee Entitlements
(xiii) 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 person
prescribed in paragraph (iv)(a) of this clause.
(b) The employer and the employee should 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 clause. The rights of an employer to engage or not engage a casual
employee are otherwise not affected.
(xiv) Personal carers entitlement for casual
employees
(a) Subject to the evidentiary and notice
requirements in paragraphs (xi)(e)-(h) 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 (x) of this clause who is sick and requires care and
support, or who require care due to an unexpected emergency or the birth of a
child.
(b) The employer and the employee should 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 clause. The rights of an employer to engage or not to engage a casual
employee are otherwise not affected.
D. Flexible Work Practice Alternatives to
Using FACS or Personal/Carer’s Leave
(xv) Time off in lieu of payment of overtime to
care for the person concerned
(a) An employee may elect, with the consent
of the employer, to take time off in lieu of payment of overtime at a time or
times agreed with the employer within 12 months of the said election, to care
for the person concerned, as defined in subclause (x) above.
(b) Overtime taken as time off during ordinary
time will be taken at the ordinary time rate, that is, one hour off for each
hour of overtime worked.
(c) If, having elected to take time as leave
in accordance with (xv)(a) above, the leave is not taken for whatever reason,
payment for time accrued at overtime rates will be made at the expiry of the
twelve month period from the date the overtime was worked, or earlier by
agreement, or on termination.
(d) Where no election is made in accordance with
paragraph (xv)(a) above, the employee will be paid overtime rates in accordance
with the provisions of clause 25, Overtime.
(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 clauses 4, 5 and 7 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 under clause 15, Penalty Rates for Shift Work and Weekend
Work, of this award to the hours taken off.
33. Long Service Leave
(i)
(a) Each
employee will be entitled to two months long service leave on full pay after
ten years’ service; thereafter additional long service leave will 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 are entitled, proportionate to their length
of service, to a 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 will 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’ service are terminated
by the employer or by the employee, he or she will be entitled to be paid a
proportionate amount for long service leave on the basis of two months' long
service leave for ten years’ service.
(ii) For the purposes of subclause (i) of this
clause -
(a) "Service" will mean service:
(1) as a full time and/or permanent part time
employee in one or more hospitals, public health organisations, Local Health
Districts or former NSW Area Health Services; and
(2) as a full time and/or permanent part time
employee with any "government sector agency" (as defined by Schedule 2
of the Government Sector Employment Regulation 2014 (NSW), as amended
from time to time, hereafter referred to as "the GSER") or any
"Commonwealth or interstate agency" (as defined by Schedule 2 of the
GSER as amended from time to time). In these instances, such service must meet
the relevant provisions of transfer prescribed in the GSER for such service.
(b) Service
will not include -
(1) any
period of leave without pay except in the case of employees who have completed
at least ten years’ service (any period of absence without pay being excluded
therefrom) in which case service will include any period of leave without pay
not exceeding six months taken after 12 March 1975;
(2) any
period of part-time service arising from service under Part IV, Savings
Provisions, of clause 29, Part-time Casual and Temporary Employees, except as
provided for in subclause (x).
(iii) An employee with an entitlement to long
service leave, may elect to access their entitlement:
(a) on full pay, or
(b) on half pay, or
(c) on double pay.
(iv) When an employee elects to access their
long service leave entitlement the following amounts of long service leave are
to be deducted from the employee’s long service leave entitlement:
(a) for each period of long service leave
taken on full pay - the number of days so taken,
(b) for each period of long service leave
taken on half pay - half the number of days so taken,
(c) for each period of long service leave
taken on double pay - twice the number of days so taken. This election is made
on the basis that superannuation contributions for an employee who is a member
of the State Authorities Superannuation Scheme or the State Superannuation
Scheme will only be made for the period of the long service leave actually
taken, i.e. contributions will be made at the single time rate.
It
is emphasised that the accessing of long service leave on the basis of either
(a), (b) or (c) above is made by the employee’s voluntary election.
(v) When
an employee elects to access their long service leave entitlement, other leave
entitlements will accrue as follows:
(a) for
each period of long service leave taken on full pay - all other leave
entitlements accrue at the employee’s ordinary rate.
(b) for
each period of long service leave taken on double pay - all other leave
entitlements accrue at the employee’s ordinary rate.
(c) for
each period of long service leave taken on half pay - annual leave entitlements
accrue at half the employee’s ordinary rate while all other leave entitlements
accrue at the employee’s ordinary rate.
(d) This
subclause will apply to new periods of Long Service Leave taken after 23
February 2011.
(vi) If a public holiday occurs while an employee is taking long
service leave, and but for the taking of the long service leave the employee
would have worked, the amount of long service leave to be deducted is to be
reduced by the public holiday.
(vii) Long service leave will be taken at a time mutually arranged
between the employer and employee.
(viii) When a licensed private hospital becomes a public hospital and an
employee of the private hospital thereupon is employed by the public hospital
such employee, for the purpose of calculating service for long service leave
will be deemed to have served in the industry of nursing for a period equal to
75 per cent of the actual continuous service with the employer in the private
hospital immediately prior to the hospital becoming a public hospital.
(ix) Full pay will mean the award salary without any deduction for
accommodation and/or board; provided that an employer will be entitled to make
such deduction for accommodation as is authorised by clause 38, Accommodation
and Board, if the employee having been requested by the employer to leave his
or her room completely vacant during the period of long service leave, fails to
do so.
(x)
(a) On
the termination of employment of an employee otherwise than by his or her
death, an employer will pay to the employee the monetary value of all long
service leave accrued and not taken at the date of such termination, unless the
employee elects to transfer his or her leave entitlement in accordance with NSW
Health Policy Directive PD2023_006 Leave 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 of service and less than ten years’ service, dies, the partner of
such employee or if there is no such partner the child/children of such employee
(or guardian such as the case may be) or the legal personal representative of
such employee, will be entitled to receive the monetary value of the leave not
taken or which would have accrued to such employee had his or her services been
terminated as referred to in paragraph (b) of subclause (i) of this clause and
such monetary value will be determined according to the salary payable to the
employee at the time of his or her death. For the purposes of this subclause,
the term ‘partner’ means a spouse or a de facto partner (including a same sex
de facto partner); and 'child/children' means a child or an adult child
(including adopted child, step child, foster child or ex nuptial child)
(xi) An employee will be entitled to have previous part-time service
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 38 hours, provided that the part-time
service merges without break with the subsequent full-time or permanent
part-time service.
(xii) All employees employed under Part I - Permanent Part-Time
Employees of clause 29, Part-Time, Casual and Temporary Employees of this
award, will have such service counted for accrual of long service leave
entitlement after 30 June 1986. Such service will include the average of all
hours worked (excluding overtime) in each year of service or part thereof and
include paid leave taken; in any year or part thereof in which leave without
pay is taken, the period of leave without pay will not be included for the purposes
of the averaging calculation.
This
calculation will be carried out for each year of service on the employee’s
anniversary date of employment, and an appropriate entry made into the
employees' records.
However,
in recognition that data on the number of hours worked (excluding overtime) may
not exist for all the periods of service after 30 June 1986, if there is a lack
of data the employer is to calculate the long service leave entitlement as
follows:
(a) In
the first instance, Health Services should utilise all existing records to
determine the average of all hours worked (excluding overtime) and including
paid leave taken for each year of service;
(b) If
the data to determine the number of hours worked (excluding overtime) is not
available prior to the employee’s 2000/2001 anniversary date, Health Services
are to calculate the long service leave entitlement on the basis of the average
of all hours worked (excluding overtime) in each year of service, and including
paid leave taken since the employee’s 2000/2001 anniversary date.
The
resultant average of hours worked per week from application of (a) or (b) above
will then be applied over the employee’s total period of employment after 30
June, 1986 for which data does not exist to form the basis for calculating
payment for the long service leave to be taken by the employee for this
period. In this situation the employer
will consult with the employee regarding the lack of data prior to making a
final decision that the data does not exist. In any event, for the purpose of
this calculation the resultant average of all hours worked is to be no less
than the employee’s contracted hours for each year of service.
Entitlement
and calculation for any period of employment prior to 30 June 1986 will be
determined according to subclause (xi) of this clause.
(xiii) Except as provided for in subclause (xiv) of this clause, rights
to long service leave under this clause will be in replacement of rights to
long service leave, if any, which at 12 March 1975, may have accrued or may be
accruing to an employee and will apply only to persons in the employ of the
employer on or after 12 March 1975. Where an employee has been granted long
service leave or has been paid its monetary value prior to 12 March, 1975, the
employer will be entitled to debit such leave against any leave to which the
employee may be entitled pursuant to this clause.
(xiv) The following provisions apply only to employees employed in a
hospital as at 12 March 1975:
(a) An employee who -
(i) has had service in a hospital, to which
clause 14, Climatic and Isolation Allowances, applies, prior to 12 March 1975,
or
(ii) is employed in a hospital, to which clause
14, Climatic and Isolation Allowances, applies as at 12 March 1975:
will be
granted long service leave in accordance with the long service leave provisions
in force prior to 12 March 1975, in lieu of the provisions provided by this
award where such benefits are more favourable to the employee.
(b) An
employee employed -
(i) on a part time basis as at 12 March 1975,
may be allowed long service leave in accordance with the long service leave
provisions in force prior to 12 March 1975, in lieu of the provisions of the Long Service Leave Act 1955 (NSW), as provided for in subclause
(x) of this clause;
(ii) on a full time basis as at 12 March 1975
but who has had prior part time service may be allowed to continue to be
granted long service leave in accordance with the long service leave provisions
in force prior to 12 March 1975, in lieu of the provisions provided by this
award where such benefits are more favourable to the employee.
(xv) Employees employed under Part II - Casual
Employees, Part III - Temporary Employees and Part IV - Savings Provisions of
clause 29, Part Time, Casual, and Temporary Employees, are entitled to accrue
long service leave under the provisions of the Long Service Leave Act
1955 (NSW), as amended, subject to meeting the provisions of that Act.
34. Maternity, Adoption and Parental Leave
(i) All
eligible employees covered by this award are entitled to the provisions of this
clause other than part time employees who receive a part time loading as
prescribed by Part IV - Savings Provisions of clause 29, Part-time, Casual and Temporary Employees,
of this award (known as "old part time"), and casual employees.
(ii) Part time employees who receive a part time loading as
prescribed by Part IV - Savings Provisions of clause 29, Part-time, Casual and Temporary Employees,
of this award (known as "old part time") and casual employees are
entitled to parental leave in accordance with the provisions of Chapter 2, Part
4, Parental Leave, of the Industrial
Relations Act 1996
(NSW). The following provisions will
also apply in addition to those set out in the Industrial Relations Act
1996 (NSW), as amended or replaced from time to time.
(a) An employer must not fail to re-engage a
regular casual employee (see section 53 (2) of the Act) because:
- the employee
or employee's spouse is pregnant; or
- the employee
is or has been immediately absent on parental leave.
The rights of
an employer in relation to engagement and re-engagement of casual employees are
not affected, other than in accordance with this clause.
(b) Part time employees who receive a part
time loading as prescribed by Part IV - Savings Provisions of clause 29, Part-time, Casual and Temporary Employees,
of this award are entitled to the provisions of Part D, Right to Request and
Part E, Communication During Leave of this clause.
(iii) 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.
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 work again 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 1987 (NSW).
(ii) Portability of Service for Paid Maternity
Leave -
Portability
of service for paid maternity leave involves the recognition of service in
government sector organisations for the purpose of determining an employee's
eligibility to receive paid maternity leave. For example, where an employee
moves between a government sector 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 service as
defined in the Government Sector Employment Act 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 commences duty with the new
employer on the next working day after ceasing employment with the former employer
(there may be a break in service of up to two months before commencing duty
with the new employer provided that the new position was secured before ceasing
duty with the former employer. However, such a break in service will not be
counted as service for the purpose of calculating any prior service
prerequisite for paid maternity leave.
(iii) Entitlement to Paid Maternity Leave -
(a) 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 expected date of
birth it is subject to the employee being able to perform satisfactorily 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.
(c) Full
time and permanent part time employees may also apply for additional unpaid maternity
leave as provided for in subclause (i)(b) of Part D, Right to Request, of this
clause.
(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 without the consent of her employer and otherwise with the consent of
her employer. A minimum of fourteen days’ notice must be given, although an
employer may accept less notice if convenient.
The
conditions relating to variation of maternity leave are derived from Section 64
of the Industrial Relations Act 1996 (NSW).
(vii) Staffing Provisions -
In accordance
with obligations established by the Section 69 of the Industrial Relations Act
1996 (NSW), 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 will
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 (NSW). 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
will 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 (NSW) an employee returning
from maternity leave has the right to resume her former position.
Where
this position no longer exists, the employee is entitled to be placed in a
position nearest in status and salary to that of her former position and for
which the employee is capable or qualified.
(xv) Further Pregnancy While on Maternity Leave -
Where
an employee becomes pregnant whilst on maternity leave a further period of
maternity leave will be granted. If an
employee enters on the subsequent 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 for less than full time hours 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 for less than full time hours 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 1987 (NSW).
(ii) 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 - a period of up to 12 months, such period
to be agreed upon by both the employee and the employer.
(iii) Applications -
Due
to the fact that an employee may be given little notice of the date of taking
custody of a child, employees who believe that, in the reasonably near future,
they will take custody of a child, should formally notify the employer as early
as practicable of the intention to take adoption leave. This will allow
arrangements associated with the adoption leave to be made.
(iv) Variation after Commencement of Leave -
After
commencing adoption leave, an employee 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.
(v) Portability
of Service for Paid Adoption Leave -
As
per maternity leave conditions.
(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 1987 (NSW).
(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 weeks’ paid leave may be taken at any time within the 52
week period and will be paid:
-
at the employee’s ordinary rate of pay for a period not exceeding one week on
full pay; or
-
two weeks at half pay or the period of parental leave taken, whichever is the
lesser period.
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.
(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.
(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
taken for a further continuous period of leave not exceeding 12 months;
(c) to
return to duty for less than the full time hours they previously worked by
taking weekly leave without pay.
to
assist the employee in reconciling work and parental responsibilities.
(ii) The employer will 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
paragraph (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) all
requests are to be considered having regard to the terms of NSW Health Policy
Directive PD2023_006 Leave Matters for the NSW Health Service, as amended from
time to time.
(d) 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.
(e) It
should be noted that employees who return from maternity, adoption or parental
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 will 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 leave.
(ii) The employee must take reasonable steps to inform the employer
about any significant matter that will affect the employee’s decision regarding
the duration of 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 must also notify the employer of changes of address
or other contact details which might affect the employer’s capacity to comply
with subclause (i).
F. Commonwealth
Paid Parental Leave (CPPL)
(i) From
1 January 2011 the CPPL scheme may be available to eligible employees.
(ii) The CPPL is independent of other leave entitlements and is in
addition to paid parental leave entitlements.
35. Military Leave
Employees will be
granted military leave in accordance with NSW Health Policy Directive
PD2023_006 Leave Matters for the NSW Health Service, as amended from time to
time.
36. Repatriation Leave
Ex-servicemen/women
will be granted repatriation leave in accordance with NSW Health Policy
Directive PD2023_006 Leave Matters for the NSW Health Service, as amended from
time to time.
37. Sick Leave
(i) Subject to the following limitation and
conditions an employee will be entitled to sick leave on full pay calculated by
allowing 76 rostered ordinary hours of work for each year of continuous service
less any sick leave on full pay already taken:
(a) An employee will not be entitled to sick
leave until after three months continuous service.
(b) An employee will 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 will pay to an
employee, who has sick leave entitlements under this clause, the difference
between the amount received as workers compensation and full pay.
The
employee's sick leave entitlement under this clause will, 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 will be payable.
(c) All periods of sickness will be certified
to by the Medical Superintendent or Director of Nursing of the employer or by
the employee's own legally qualified medical practitioner or dentist. The
employer may dispense with the requirement of a medical certificate where the
absence does not exceed 2 consecutive days or where, in the employer's opinion,
the circumstances are such as not to warrant such requirement.
(d) Each employee shall, as soon as reasonably
practicable and in any case within 24 hours of the commencement of such
absence, inform the employer of his or her inability to attend for duty and as
far as possible state the nature of the injury or illness and the estimated
duration of the absence.
(e) Where an employee is absent on sick leave
for a total of 10 working days in any one year of service and has no sick leave
entitlement carried over from previous years, that employee will continue to be
paid for an additional 4 hours even though no sick leave credit might exist.
Such additional payment will not affect the subsequent year’s sick leave
entitlement, i.e. it is "special sick leave", not "sick leave in
advance" (see NSW Health Policy Directive PD2023_006 Leave Matters for the
NSW Health Service, as amended from time to time).
(ii) The employer must not change the rostered
hours of an employee fixed by the roster or rosters applicable to the fourteen days
immediately following the commencement of sick leave merely by reason of the
fact that she or he is on sick leave.
(iii) For the purpose of this clause
"Service" means service in the industry of nursing.
(iv) For the purpose of this clause continuity
of service in the industry of nursing will not be broken by:
(a) absences from such industry on account of
illness;
(b) periods of absences from such industry
immediately following termination of employment, in respect of which employment
a pro rata payment has been made for annual leave or long service leave, but
not exceeding the period the employee would have been required to work to earn
as salary an amount equal to such pro rata payment;
(c) absence from such industry for the
purpose of pursuing a post-graduate course in nursing (i.e. a course which
results in obtaining a certificate, diploma or qualification) whether in
Australia or elsewhere; and where the course is pursued outside Australia an
employee will be deemed to be absent for the purpose of pursuing the course
throughout the time reasonably occupied travelling to the place of study and
return to Australia, the actual duration of the course, a period of three
months after completion of the course and before returning to Australia and a period
of one month after returning to Australia;
(d) any reasonable absence from the industry
occasioned by an employee transferring from one employer to another in such
industry but not exceeding 28 days on any one occasion;
(e) periods of employment nursing in
hospitals in New South Wales other than the hospitals covered by this award and
in the Canberra Community Hospital and Woden Valley Hospital; provided that
this period of absence will not be counted as service for the purpose of
calculating sick leave.
(v) Part Time Employees: a part time employee
will be entitled to sick leave in the same proportion of the seventy six hours
as the average weekly hours worked over the preceding twelve months or from the
time of the commencement of employment, whichever is the lesser, bears to
thirty-eight ordinary hours. Such entitlements will be subject to all the above
conditions applying to full time employees. Provided that only part time
service on and from the beginning of the first pay period to commence on or
after 1 January 1970, will count for the purpose of this subclause.
(vi) Subject to the provision of a satisfactory
medical certificate and sick leave being due, annual leave or long service
leave (extended leave) will be re-credited 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, and provided
further that the employer is satisfied on the circumstances and the nature of
the incapacity.
(vii) In addition to the sick leave prescribed in
subclause (i) of this clause, Flight Nurses will be entitled to an additional
38 hours sick leave in any period of 12 months. Any unused additional sick leave
will not accumulate from year to year.
38. Accommodation and Board
(i) The
employer will where practicable provide for the use of employees who live in:
(a) Directors of Nursing: In a public hospital
of which the registered number of beds is 9 or more, private quarters which
will comprise a bedroom, sitting room, bathroom, and toilet with appropriate
furniture and fittings including a washing machine, refrigerator and stove or
stovette and facilities for preparing light refreshments; provided that where
the normal nursing staff does not exceed 7, it will not be necessary to provide
for the Director of Nursing a separate bathroom and toilet facilities, a
washing machine, refrigerator and a stove or stovette.
(b) Employees other than Directors of Nursing:
(1) Dining facilities suitable to the
reasonable needs of the nursing staff.
(2) A lounge room suitable to the reasonable
needs of the staff.
(3) A study for student nurses; provided that
this provision will apply only to public hospitals which are registered
training schools.
(4) At least one plunge bath (with shower)
for each 12 (or fraction thereof) employees and in addition at least one
separate shower cubicle for each 12 (or fraction thereof) employees.
(5) At least one lavatory (if in a bathroom
adequately partitioned off from the bathing facilities) for each 8 (or fraction
thereof) employees.
(6) A kitchen or kitchenette equipped with
reasonable facilities for storing and preparing light refreshments and with
normal kitchen utensils, stove or stovette, refrigerator, china, crockery and
cutlery.
(7) Suitable facilities including a washing
machine for the laundering and drying of personal clothing.
(8) A separate bedroom of such dimensions as
to provide a floor area of not less than nine square metres and which contains
suitable floor coverings and a bedside lamp and fittings and will be provided
with a bed, a dressing table, a wardrobe (built-in cupboard) of adequate size
and a chair.
(9) Where it is necessary for 2 or more
employees to sleep in a bedroom twenty-one cubic meters of space will be
provided for each employee. Such bedroom
will contain suitable floor coverings and for each employee the employer will
provide a bed, a dressing table, a wardrobe (built-in cupboard) of adequate
size and a chair.
(10) In respect of subparagraphs (2), (4), (5),
and (6) of this paragraph separate provision will be made for trained and
untrained staff; provided that as to subparagraphs (2), (4) and (5) of this
paragraph this provision will not apply in a public hospital in which the
normal number of nursing staff is less than 12.
(11) Adequate heating suitable to the reasonable
needs of the staff present will be provided in the lounge room during the
wintertime.
(ii) The employer will provide such domestic
staff as is necessary to maintain the accommodation in a proper condition at
all times.
(iii) The following deductions from salary will be
made by an employer for accommodation:
(a) Directors of Nursing and employees
occupying separate bedroom accommodation of a reasonable standard: an amount as
set in Item 15 of Table 2 of Part B per week.
(b) Directors of Nursing provided with a
self-contained flat attached to the public hospital's nurses home; an amount as
set in the said Item 15 per week.
(iv) An employer will provide for employees who
live in: full board of 21 meals per week and the meals will consist of an
adequate quantity of wholesome well-cooked and well-prepared food-stuffs
including green vegetables and fruit in season; and, in addition the employer
will provide: tea, coffee, milk and sugar for morning and afternoon tea and
supper and early morning tea for employees on night or early morning duty. An
employer who complies with the foregoing provisions of this subclause may make
a deduction as set out in Item 16 of table 2 of Part B per week.
(v)
(a) The
employer will provide for the use of employees who live out:
(1) a
suitable change room and adequate washing and toilet facilities; provided that
the washing and toilet facilities need not be distinct from those provided for
employees who live in and this provision will not apply to a public hospital
the registered number of beds of which is less than 9;
(2) a
full-length locker fitted with lock and key or other suitable place for the
safe keeping of clothing and personal effects of such employee;
(b) An
employer will provide for an employee who lives out: tea, coffee, milk and
sugar for morning and afternoon tea, supper and early morning tea when the
employee is on duty at times appropriate for the partaking thereof; and will
provide also for such an employee who requires them: meals of the standard
specified in subclause (iv) of this clause, which fall during the duty period
and for such meals so provided may make a charge, provided that the charge for
breakfast and other meals will be as set in Item 17 of Table 2 of Part B.
(vi) The charges referred to in subclauses (iii), (iv) and (v) to be
adjusted in accordance with any general movement in wage rates in this award.
The Director-General of Health may apply for additional adjustments from time
to time based on the differences between such wage increases and the actual cost
of providing these services. Provided that an employer may waive all or part of
these charges at its discretion as an incentive to recruitment of nurses.
(vii) Where an employee partakes of a meal from a cafeteria service
provided by a public hospital or public health organisation, he or she will be
required to pay the charge fixed for such meal in lieu of the meal charges
prescribed in subclauses (iv) or (v) of this clause.
39. Grading Committee
A Committee consisting
of two representatives of the employer and two representatives of the
Association will be constituted to consider and make recommendations to the
employer in relation to:
(a) any
request or proposal to establish or alter the grading of positions covered by
this award;
(b) the
date of effect of any grading recommended.
Provided that:
(i) an employee will, whilst the grading or
remuneration of his or her position is under consideration, be ineligible to be
a member of the Committee;
(i) the Committee should not, without
sufficient reason, recommend the retrospective operation of any grading or
remuneration; and
(iii) where a retrospective date of effect is
recommended, such date should not be earlier than a date six months prior to
the date on which the matter was referred to the Committee.
40. Grading of Nurse/Midwife Manager Positions
(i) All positions of Nurse/Midwife Manager,
as defined in Clause 3, Definitions, of this award will be graded by the
employer in accordance with the Work Level Statements set out in Schedule 1 to
this award.
(ii) The employer may determine a higher
grading including a multi-grade, e.g. Grade 4-5, Grade 6-7, etc., than provided
for under the Work Level Statements where the requirements of the position
involve a higher level of complexity and/or an extended role to that generally
comprehended by the otherwise applicable Work Level Statement.
(iii) Progression to the second salary point in
each grade will occur after 12 months satisfactory service in that grade.
Provided that accelerated progression within the 12 month period, or on
commencement of employment, may occur where the employer is satisfied that such
progression is warranted in an individual case.
(iv) If dissatisfied with the grade as
determined in any individual case, the Association may discuss the matter with
the local Health Service management and, if still dissatisfied, may apply for a
review of the grading by the Ministry of Health and the Association at a
central level.
(v) No employee is to suffer a reduction in
salary as a result of the implementation of the new structure. Where an
employee would ordinarily be classified at a grade which carries a salary less
than his or her current salary he or she will retain his or her current salary,
including all future increases thereto, on a strictly personal basis, while
ever he or she remains in the current position.
(vi) Employees seeking appointment to positions
of Nurse Manager are generally expected to possess the core knowledge and
skills appropriate to the respective grades as set out in Schedule 1 to this
award.
41. Deputy Directors of Nursing, Assistant
Directors of Nursing
(i) The
following appointments will be made in public hospitals with adjusted daily
averages of occupied beds as specified hereunder:
|
Less than 150
beds
|
-
|
a Deputy Director
of Nursing
|
|
|
|
|
|
150 beds and over
|
-
|
a Deputy Director
of Nursing, Assistant Directors of Nursing.
|
(ii) Appointments under subclause (i) of this clause will be made
within two calendar months of the date this award becomes operative and thereafter
within two calendar months of the occurrence of a vacancy. In default of appointment within the said
period of two calendar months, the registered nurse employed as such or in a
higher classification who has customarily relieved in the vacant position, or
if no one has so customarily relieved, the registered nurse employed in the
same or the next senior classification below the vacant position with the
longest service in such classification at the public hospital, will be deemed
to be appointed until such time as another appointment is made by the employer.
(iii) This clause will not apply to a hospital using members, novices
or aspirants of religious orders where a member of an order carries out the
duties under this clause of an Assistant Director of Nursing or Deputy Director
of Nursing.
42. Proportion
Except in cases of
emergency, not more than four enrolled nurses and/or assistants in nursing to
each registered nurse will be employed in a public hospital, and for this
purpose a Director of Nursing will count.
43. Medical Examination of Nurses
See NSW Health
Policy Directives PD2023_006 Leave Matters for the NSW Health Service and
PD2017_040 Recruitment and Selection of Staff to the NSW Health Service, as
amended from time to time.
44. Domestic Work
Except as
hereinafter provided, nurses cannot be required to perform, as a matter of
routine, the following duties: viz.; washing, sweeping, polishing and/or
dusting of floors, walls or windows of wards, corridors, annexes, bathrooms or
verandas or any duties which are generally performed by classifications other
than nursing staff, but this provision will not preclude the employment of
nurses on any such duties in an isolation block or where the performance of
those duties involves disinfection.
45. Termination of Employment
(i) Except for misconduct justifying summary
dismissal, the services of an employee may be terminated only by fourteen days’
notice or by payment of fourteen days salary in lieu thereof in the case of an
employee other than a Director of Nursing, and by twenty-eight days’ notice or
by the payment of twenty-eight days salary in lieu thereof in the case of a
Director of Nursing.
(ii) No employee will, without the consent of
the employer, resign without having given fourteen days’ notice (or in the case
of a Director of Nursing, twenty eight days’ notice) of intention so to do or
forfeiting salary earned during the pay period current at the time of
resignation; provided that in no circumstances will the employee forfeit more
than fourteen days’ pay at the rate prescribed for his or her classification by
clause 9, Salaries.
(iii) Employees who have accrued additional days
off duty pursuant to subclause (vii) of clause 4, Hours of Work and Free Time
of Employees Other Than Directors of Nursing and Area Managers, Nurse
Education, will be paid for such accrued time at ordinary rate of pay upon
termination.
(iv) Upon the termination of the services of an
employee, the employer must provide the employee with a written statement, duly
signed by or on behalf of the employer, setting out the period of the
employment and the capacity in which the employee was employed.
(v) This clause does not preclude an employee
receiving any greater period of notice of termination to which they might be
entitled under s117 of the Fair Work Act 2009 (Cth), as amended or
replaced from time to time.
46. 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 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) must be consistent with the employer's
responsibilities to provide a safe and healthy working environment.
(iv) Existing provisions with respect to the
payment of mixed functions/higher duties allowances will apply in such
circumstances.
47. Right of Entry
See Chapter 5, Part
7 of the Industrial Relations Act 1996 (NSW) and Part 7 of the Work Health and Safety Act 2011 (NSW), as amended or replaced
from time to time.
48. Disputes
(i) All parties must use their best
endeavours to cooperate in order to avoid any grievances and/or disputes.
(ii) Where a dispute arises in any public
hospital or public health organisation, regardless of whether it relates to an
individual nurse or to a group of nurses, the matter must be discussed in the
first instance by the nurse(s) (or the Association on behalf of the nurse(s) if
the nurse(s) so request(s)) and the immediate supervisor of that nurse(s).
(iii) If the matter is not resolved within a
reasonable time it must be referred by the nurse(s)' immediate supervisor to
the Chief Executive Officer of the employer (or his or her nominee) and may be
referred by the nurse(s) to the Association’s Head Office. Discussions at this level must take place and
be concluded within 2 working days of referral or such extended period as may
be agreed.
(iv) If the matter remains unresolved, the
Association must then confer with the appropriate level of management (i.e. at
Public Hospital/Local Health District or Public Health organisation/Ministry
level, depending on the nature and extent of the matter). Discussions at this
level must take place and be concluded within two working days of referral or
such extended period as may be agreed.
(v) If these procedures are exhausted without
the matter being resolved, or if any of the time limits set out in those
procedures are not met, either the Association or the employer may seek to have
the matter mediated by an agreed third party, or the matter may be referred in
accordance with the provisions of the Industrial
Relations Act 1996 (NSW) to
the Industrial Relations Commission for its assistance in resolving the issue.
(vi) During these procedures normal work must
continue and there must be no stoppages of work, lockouts, or any other bans or
limitations on the performance of work.
(vii) The status quo before the emergence of the
issue 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.
(viii) Throughout all stages of these procedures, adequate records must
be kept of all discussions.
(ix) These procedures will be facilitated by the earliest possible
advice by one party to the other of any issue or problem which may give rise to
a grievance or dispute.
49. Anti-Discrimination
(i) It
is the intention of the parties bound by this award to seek to achieve the
object of section 3(f) of the Industrial
Relations Act 1996, as
amended or replaced from time to time, to prevent and eliminate discrimination
in the workplace. This includes discrimination on the grounds of race, sex,
marital status, disability, homosexuality, transgender identity and age.
(ii) It follows that in fulfilling their obligations under the
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 (NSW), 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 (NSW);
(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 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 (NSW) 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".
50. Exemption
This award will not
apply to -
(i) members,
novices or aspirants of religious orders in public hospitals;
(ii) the Sydney Dental Hospital provided that nurses employed
thereat are paid not less than the appropriate salaries prescribed by this
award.
51. Salary Packaging
(i) By
agreement with their employer, employees may elect to package a part or all of
their salary in accordance with this clause, to obtain a range of benefits as
set out in NSW Health Policy Directive PD2018_044 Salary Packaging, as amended
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 subclause (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 appropriate PAYG
taxation deductions by that packaged amount.
(b) Any allowance, penalty rate, overtime
payment, payment for unused leave entitlements, weekly worker’s compensation,
or other payment other than any payment for leave taken in service, to which an
employee is entitled under this award or statute which is expressed to be
determined by reference to an employee’s salary, will be calculated by
reference to the salary which would have applied to the employee under this
award in the absence of any salary packaging or salary sacrificing made under
this award.
(c) "Salary" for the purpose of
this clause, for superannuation purposes, and for the calculation of award
entitlements, will mean the award salary as specified in clause 9, Salaries,
and which will 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
Local Health Districts, which provides for a fringe benefits 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 on this cost on to the
employee. The employer’s share of savings, the combined administration cost,
and the value of the packaged benefits are deducted from the pre-tax dollars.
(v) The parties agree that the application of
the fringe benefits tax exemption status conferred on public hospitals and
Local Health Districts is subject to the 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 Salary Packaging Policy and
Procedure Manual.
(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 will 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 will comply
with the procedures set out in the NSW Health Policy Directive PD2018_044
Salary Packaging and relevant Procedure Manual, as amended from time to time.
52. Deduction of Union Membership Fees
(i) The union must provide the employer with
a schedule setting out union fortnightly membership fees payable by members of
the union in accordance with the union’s rules.
(ii) The union must advise the employer of any
change to the amount of fortnightly membership fees made under its rules. Any
variation to the schedule of union fortnightly membership fees payable must be
provided to the employer at least one month in advance of the variation taking
effect.
(iii) Subject to (i) and (ii) above, the employer
will deduct union fortnightly membership fees from the pay of any employee who
is a member of the union in accordance with the union’s rules, provided that
the employee has authorised the employer to make such deductions.
(iv) Monies so deducted from employees’ pay will
be forwarded regularly to the union together with all the necessary information
to enable the union to reconcile and credit subscriptions to employees’ union
membership accounts.
"Regularly"
will be defined as monthly except where the practice and protocol of an
employer as at March 2002 was fortnightly.
(v) Unless other arrangements are agreed to
by the employer and the union, all union membership fees will be deducted on a
fortnightly basis.
(vi) Where an employee has already authorised the
deduction of union membership fees from his or her pay prior to this clause
taking effect, nothing in this clause should be read as requiring the employee
to make fresh authorisation in order for such deductions to continue.
53. Staffing Arrangements
(i) Reasonable workloads are required for
nurses to assist in providing a sustainable health system for the people of NSW
that not only meets present health needs but also plans for the health needs of
the future.
(ii) The employer has a responsibility to
provide reasonable workloads for nurses.
(iii) Principles
The following
principles will be applied in determining or allocating a reasonable workload
for a nurse:
(a) Reasonable workloads will be based on the
application of the staffing arrangements detailed in this clause. The arrangements may be the reasonable
workload principles alone or, in addition, the provisions set out in Sections
II - IX, of subclause (iv) in relation to the services, wards and units to
which they apply.
(b) Workload assessment will take into account
measured demand by way of clinical assessment, including acuity, skill mix,
specialisation where relevant, and geographical and other local
requirements/resources.
(c) The work performed by the employee will
be able to be satisfactorily completed within the ordinary hours of work
assigned to the employee in their roster cycle.
(d) The work will be consistent with the
duties within the employee’s classification description and at a professional
standard so that the care provided or about to be provided to a patient or
client will be adequate, appropriate and not adversely affect the rights,
health or safety of the patient, client or nurse.
(e) The workload expected of an employee will
not be unfair or unreasonable having regard to the skills, experience and
classification of the employee for the period in which the workload is
allocated.
(f) An employee will not be allocated an
unreasonable or excessive nursing workload or other responsibilities except in
emergency or extraordinary circumstances of an urgent nature.
(g) An employee will not be required to work
an unreasonable amount of overtime.
(h) An employee’s workload will not prevent
reasonable and practicable access to Learning and Development Leave, together
with ‘in-house’ courses or activities, and mandatory training and education.
(i) Existing minimum staffing levels to
ensure safe systems of work and patient safety will continue to apply.
(j) Nothing in this clause prevents a higher
level of staffing from being provided when, and where, this is necessary for
clinical or other reasons.
(iv) Staffing and Specialties
The
Association and the Ministry agree that the staffing arrangements in this
clause and their application may be reviewed and amended from time to time by
agreement and that the Award may be varied by consent to reflect any such
agreement.
Section I: Replacement of Absences
(a) When an unplanned absence occurs (e.g.
due to unexpected sick leave) the NUM (or delegate) will immediately review the
roster to determine the effect of the absence on workload.
(b) Where the NUM (or delegate) determines to
backfill the absence, the default position is to fill the absence with a nurse
of the same classification as the absent nurse.
(c) If all avenues to backfill the absence
with a nurse at the same classification are exhausted and the only remaining
option is to backfill the absence with a nurse of a lower classification, the
NUM (or delegate) must consider how the functions performed in the ward/unit
can be safely and appropriately performed by a nurse of another nursing
classification.
(d) In some circumstances it may be possible
to backfill with a nurse of a lower classification. Where it is determined to backfill with a
nurse of a lower classification, a record of this, together with the reasons,
must be made.
Section II: Nursing Hours Wards and Units
(a) Nursing hours wards and units comprise
general inpatient wards, dedicated palliative care wards/units, dedicated
rehabilitation wards/units and inpatient adult acute mental health wards/units.
(b) General inpatient wards do not include:
1. All Types of Critical Care Units:
• Intensive Care Units
• High Dependency Units
• Coronary Care Units
• Burns Units
• Neo-natal Intensive Care Units
2. Day Only Wards
3. Day of Surgery Wards
4. Procedural Units (Haemodialysis,
Endoscopy, Cardiac Catheter, etc.)
5. Paediatrics
6. Drug & Alcohol
7. All Midwifery Services:
• Antenatal
• Post Natal, Nurseries
• Delivery & Birthing Suites
8. 23 Hour Wards
9. Fast track wards
10. Transition Wards (slow stream)
11. Medical/Surgical Assessment Units (MAU
& SAU)
12. Medical/Surgical Acute Care Units (MACU
& SACU)
13. Wards/Units attached to Emergency
Departments:
• Psychiatric Emergency Care Centres
(PECC)
• Observation wards
• Emergency Medical Units (EMUs)
(c) The Association and the Ministry have
agreed that staffing will be determined by the Nursing Hours Per Patient Day
('NHPPD') specified below, provided over a week, to determine the number of
nurses required to provide direct clinical care. The number of nursing hours per patient day
may also be expressed as an equivalent ratio.
(d) 6.0 NHPPD will apply to general inpatient
wards in Peer Group A1 and A3 facilities, being Principal Referral Hospitals
and Ungrouped Acute Tertiary Referral Hospitals, accounted for over the period
of a week.
(e) 5.5 NHPPD will apply to general inpatient
wards in Peer Group B facilities, being Major Hospitals Group 1 and Group 2,
accounted for over the period of a week.
General inpatient wards in Peer Group B facilities will move to 6.0
NHPPD by 30 June 2023 in accordance with a timetable, determined by the
Ministry and provided to the Association once determined.
(f) 5.0 NHPPD will apply to general inpatient
wards in Peer Group C facilities, being District Group Hospitals, accounted for
over the period of a week. General
inpatient wards in certain Peer Group C facilities will move to 6.0 NHPPD by 30
June 2023, in accordance with a timetable, determined by the Ministry and
provided to the Association once determined.
(g) 6.0 NHPPD will apply to dedicated
palliative care wards, accounted for over the period of a week.
(h) 5.0 NHPPD will apply to dedicated general
rehabilitation wards and units, and 6.0 NHPPD will apply to dedicated
rehabilitation specialist brain and spinal injury units, accounted for over the
period of a week. For these wards and
units only, NHPPD includes the hours usually worked by nursing and other
categories of staff, however titled, agreed with the Association.
(i) 6.0 NHPPD will apply to inpatient adult
acute mental health wards in general hospitals which are not specialist mental
health facilities, accounted for over the period of a week.
(j) 5.5 NHPPD will apply to inpatient adult
acute mental health wards in specialised mental health facilities, accounted
for over the period of a week. Inpatient
adult acute mental wards in certain specialised mental health facilities will
move to 6.0 NHPPD by 30 June 2023, in accordance with a timetable, determined
by the Ministry and provided to the Association once determined.
(k) At the time the new staffing levels
referred to in Section II, subclauses (d) to (j) above are introduced on a ward
or unit for the first time, staffing levels in wards and units with higher than
the specified staffing will either continue to apply or be reviewed. A
reduction in staffing will not occur without a review taking place. If there is
disagreement between the Employer and Association about the outcome of the
review the provisions of subclause (vii) Grievances in relation to workload
will apply.
(l) The number of nursing hours per patient
day may also be expressed as an equivalent ratio which provides the same
nursing hours over a week. For example:
1. a NHPPD of 6.0 can provide sufficient
nursing hours to provide am/pm/night equivalent ratios of 1:4/1:4/1:7 across
seven days, as well as the option of some shifts with a nurse in charge who
does not also have an allocated patient workload.
2. a NHPPD of 5.5 can provide sufficient
nursing hours to provide am/pm/night equivalent ratios of 1:4/1:5/1:7 across
seven days, as well as the option of some shifts with a nurse in charge who
does not also have an allocated patient workload.
3. a NHPPD of 5.0 can provide sufficient
nursing hours to provide am/pm/night equivalent ratios of 1:5/1:5/1:7 across
seven days, as well as the option of some shifts with a nurse in charge who
does not also have an allocated patient workload.
Example Table 1
|
NHPPD:
|
6
|
which delivers
the following nursing hours:
|
Average Hours
Per Day:
|
156
|
|
Number of
Patients:
|
26
|
|
Hours Per
Week:
|
1092
|
|
|
MORNING
|
AFTERNOON
|
NIGHT
|
|
|
Number of
Staff
|
#Equivalent
Ratio
|
*In
Charge with no allocated patients
|
Number of
Staff
|
#Equivalent
Ratio
|
*In Charge
with no allocated patients
|
Number of
Staff
|
#Equivalent
Ratio
|
Total
Hours
|
|
Shift Length in hours
|
8
|
|
8
|
8
|
|
8
|
10
|
|
|
|
Monday
|
7
|
1: 3.7
|
0
|
7
|
1: 3.7
|
1
|
4
|
1: 6.5
|
160
|
|
Tuesday
|
7
|
1: 3.7
|
0
|
7
|
1: 3.7
|
1
|
4
|
1: 6.5
|
160
|
|
Wednesday
|
6.5
|
1: 4
|
0
|
6
|
1: 4.3
|
1
|
4
|
1: 6.5
|
148
|
|
Thursday
|
7
|
1: 3.7
|
0
|
7
|
1: 3.7
|
1
|
4
|
1: 6.5
|
160
|
|
Friday
|
7
|
1: 3.7
|
0
|
7
|
1: 3.7
|
1
|
4
|
1: 6.5
|
160
|
|
Saturday
|
6
|
1: 4.3
|
1
|
6
|
1: 4.3
|
1
|
4
|
1: 6.5
|
152
|
|
Sunday
|
6
|
1: 4.3
|
1
|
6
|
1: 4.3
|
1
|
4
|
1: 6.5
|
152
|
|
|
|
|
|
|
|
|
Hours Per Week
|
1092
|
Notes:
#Equivalent Ratio is indicative of the ratio that could be created by this
roster pattern. *In this example the NUM
has distributed the hours on some shifts to include a nurse in charge who does
not have an allocated patient workload.
Example Table 2
|
NHPPD:
|
6
|
which delivers the following nursing hours:
|
Average Hours
Per Day:
|
156
|
|
Number of
Patients:
|
26
|
|
Hours Per
Week:
|
1092
|
|
|
MORNING
|
AFTERNOON
|
NIGHT
|
|
|
Number of
Staff
|
#Equivalent
Ratio
|
*In Charge
with no allocated patients
|
Number of
Staff
|
#Equivalent
Ratio
|
*In
Charge with no allocated patients
|
Number of
Staff
|
#Equivalent
Ratio
|
Total
Hours
|
|
Shift Length in hours
|
8
|
|
8
|
8
|
|
8
|
10
|
|
|
|
Monday
|
7
|
1: 3.7
|
0
|
7
|
1: 3.7
|
0
|
4
|
1: 6.5
|
152
|
|
Tuesday
|
7
|
1: 3.7
|
0
|
7
|
1: 3.7
|
0
|
4
|
1: 6.5
|
152
|
|
Wednesday
|
7
|
1: 3.7
|
0
|
7
|
1: 3.7
|
0
|
4
|
1: 6.5
|
152
|
|
Thursday
|
7
|
1: 3.7
|
0
|
7
|
1: 3.7
|
0
|
4
|
1: 6.5
|
152
|
|
Friday
|
7
|
1: 3.7
|
0
|
7
|
1: 3.7
|
0
|
4
|
1: 6.5
|
152
|
|
Saturday
|
8
|
1: 3.3
|
0
|
8
|
1: 3.3
|
0
|
4
|
1: 6.5
|
168
|
|
Sunday
|
8
|
1: 3.3
|
0
|
7.5
|
1: 3.5
|
0
|
4
|
1: 6.5
|
164
|
|
|
|
|
|
|
|
|
Hours Per Week
|
1092
|
Notes: #Equivalent
Ratio is indicative of the ratio that could be created by this roster
pattern. *In this example the NUM has distributed
the hours differently across the days and has decided to allocate a patient
workload to the nurse in charge of shift.
(m) Only nurses providing direct clinical care
are included in the NHPPD. This does not
include positions such as Nursing Unit Managers, Nurse Managers, Clinical Nurse
Educators, Clinical Nurse Consultants, dedicated administrative support staff
and wardspersons.
(n) In implementing Nursing Hours in Nursing
Hours Wards the daily bed census data averaged over a specified preceding
period of up to 52 weeks (in whole weeks) will be used to determine the number
of patients. In determining the
specified period due regard should be given to reduced activity periods,
seasonality and other local factors.
Where seasonality is a significant factor, the specified period can be
the equivalent period in the preceding year.
(o) The NUM will distribute the hours/shifts
across the day and week in a rostering pattern with due regard to the workload
pattern of their ward, provided the applicable NHPPD is achieved over the week.
(p) The NUM may distribute the NHPPD to
include a nurse in charge who does not also have an allocated patient workload,
provided the applicable NHPPD are achieved over the week
(q) When, on a shift, the NUM considers that
patient care needs cannot be sufficiently met from the nurses immediately
available and the NUM (or nurse delegated with responsibility for patient care
within the ward/unit) considers additional nursing hours should be provided in
order to meet clinical needs, the NUM will inform the appropriate Nurse Manager
who, together with the NUM, will consider a solution including, but not limited
to, the following options:
1. deployment of nurses from other
wards/units;
2. additional hours for part time staff;
3. engagement of casual/agency nursing
staff;
4. overtime;
5. prioritisation of nursing activities on
the ward/unit;
6. reallocation of patients.
When
these options have been exhausted and only with approval from the Director of
Nursing and Midwifery and the concurrence of the General Manager, the decision
may be made to limit admissions when discharges occur from the ward/unit. This decision is to be made as soon as
practicable after commencement of the shift.
(r) Spot Check
1. In wards and units where the agreed
staffing method is NHPPD, information will be available to staff which
identifies the NHPPD.
2. At any time, a nurse working on the
ward/unit or a member of the local Reasonable Workload Committee may make a
written request to the NUM for a spot check to confirm that the NHPPD are being
provided.
3. The relevant Reasonable Workload
Committee must be informed of the commencement of the spot check.
4. Within 7 days of receipt of such a
request the NUM will ensure that each week for a 4 week period the NHPPD
provided are posted within 7 days of the conclusion of the relevant period.
5. If, at any time during the spot check or
at its conclusion, it is established that the provided NHPPD falls short of the
specified NHPPD then action must immediately commence to rectify the shortfall.
6. Where the four week spot check confirms
that the specified NHPPD are being provided then the process is concluded.
7. The outcome of the spot check will be
made available to the Reasonable Workload Committee.
(s) The calculation used to spot check the
provision of NHPPD in Nursing Hours Wards
1. To determine the ‘number of patients’
add the number of patients as recorded for each day in the bed census in the
week to be calculated, then divide that total by 7 (the number of days in the
week). For example:
(24 + 25 + 25
+ 25 + 23 + 22 + 24) ÷ 7 = 24 (Number of patients)
2. Then take the applicable NHPPD figure
(e.g. 6.0) and multiply it by 7 (for 7 days in the week), then multiply by the
number of patients, as identified above e.g. 24.
3. In this example, 6 x 7 x 24 = 1,008
nursing hours or 6 NHPPD. 1,008 is
therefore the nursing hours that were required for the ward that week. The figure is then compared to the nursing
hours that were actually provided.
4. Assume in this example that 974 nursing
hours were actually provided. The
required NHPPD falls short as 5.8 NHPPD has been provided instead of 6 NHPPD.
In this example, the NUM would immediately commence action to rectify the
shortfall in accordance with point 5 of (s) Spot Checks in this Section.
5. The spot check would require the
completion of this calculation for four consecutive weeks.
(t) Annual Leave relief
1. The annual leave ‘relief’ factored into
the calculation of the total required FTE reflects the annual leave
entitlements under this award for the employees, arising from their actual
shift patterns. However, this figure may be adjusted at ward level for planned
periods of low activity or annual ward closures that mean less leave relief is
required.
2. If circumstances arise whereby the
planned periods of low activity or annual ward closures do not take place, the
required FTE should be calculated again in light of those altered circumstances
and staff deployment.
(u) Relief for Sick Leave, FACS Leave &
Mandatory Education
To account for
sick leave, FACS leave and mandatory education, a figure of two weeks (equating
to 76 hours based on a 38 hour week) per annum should be factored into the FTE
required for the ward. This figure is
subject to joint review by the Association and the Ministry, on request by
either party.
Section III: Staffing Arrangements for Peer
Group D & F3 MPS
(a) The following provisions will apply to
hospitals designated Peer Group D1 Community Hospitals with community inpatient
acute beds and a level 2 or above emergency department function; and to F3
Multi-Purposes Service facilities with community inpatient acute beds and a
level 2 or above emergency department function:
(1) During the hours that the Emergency
Department is open there will be a minimum of two registered nurses on duty, to
ensure that there is a registered nurse available on the acute ward when a
registered nurse is required to attend the Emergency Department. One of these registered nurses may be a
NUM/NM who also performs clinical functions on the shift who is on duty and on
site.
(b) The
parties recognise that where implementation of the provisions at (a)(1) above
requires a change in the classification mix this will be achieved progressively
from the date of this award and is determined by the rate of staff turnover
experienced in those facilities where the provisions apply.
Section IV: Perioperative Services
(a) ACORN
2008 standards will apply, in Operating Rooms including that during each
operating session, the minimum staffing for each operating room will be:
1. two
nurses, one of whom must be a Registered Nurse and one of whom may be a
suitably qualified and endorsed Enrolled Nurse, to carry out the roles of
scrub/instrument nurse and scout nurse; and
2. one
Anaesthetic nurse or one other trained and qualified anaesthetic category of
staff.
Section V: Maternity Services
(a) The
Association and the Ministry have agreed that the Birth rate Plus methodology,
as adapted for use in New South Wales, will be used to calculate staffing in
maternity services.
Section VI: Inpatient Mental Health Staffing
Arrangements
(a) The
Association and the Ministry have agreed that the following provisions will
apply in all inpatient mental health units (with the exception of inpatient
adult acute mental health wards at Section II and be used by managers in the
evaluation of nursing staff levels and for the Reasonable Workload Committees
to assess and manage identified workloads issues.
(b) For
the purpose of this subclause inpatient mental health units include but are not
limited to:
1. Forensic
Units;
2. Child
& Adolescent Units;
3. Older
Adult;
4. Psychiatric
Emergency Care Centres (PECC);
5. Rehabilitation;
6. Extended
Care Units;
7. Mental
Health Intensive Care Units
(c) When
determining the nursing FTE the following should be considered:
1. The
previous 12 months activity should be used as a guide unless the unit has had a
significant change in activity, presentation number or type, or where a new
model of care has commenced which has impacted on the type of presentation or
length of stay;
2. Staff
assessment will be based on comparisons to the FTE utilised in the individual
unit in the previous year, using the monitoring reports, in conjunction with
professional judgement and information on known workload issues;
3. Categories:
• The number of inpatients requiring 1
staff or more to 1 patient;
• The number of inpatients requiring
close observation;
• The number of inpatients assessed requiring
sighting at regular intervals;
• The number of inpatients nearer to
going home.
4. Level
& frequency of aggressive behaviour displayed by patients and based on
clinical risk assessment;
5. Level
of suicidal behaviour displayed by patients (see Mental Health Outcomes and
Assessment Tools (MH-OAT) risk level);
6. Level
of vulnerability/potential of exploitation from others (such as sexual safety,
financial exploitation);
7. Age
of patient and co-morbidities;
8. Patients
with a dual diagnosis;
9. Type
of facility and unit (e.g. Closed/Open Units);
10. Design
of unit;
11. Number
of beds available;
12. Local
factors referred to at subclause 53 (iii) (b) may include but are not limited
to:
(i) The available level of support staff
(e.g. ward clerks, medical officers, patient support officers, allied health
staff);
(ii) Teaching and research activities;
(iii) Provision of nurse escorts;
(iv) Ward geography; and
(v) Data entry/documentation including
MH-OAT.
(d) When determining the nursing FTE required
for leave relief:
1. No less than six weeks (30 days) annual
leave relief per productive FTE for staff working shift work and no less than 4
weeks (20 days) for non-shift workers must be included.
2. No less than two weeks (10 days) of
sick/FACS leave and mandatory education relief per productive FTE must be
included.
3. Replacement for long service leave and
paid maternity leave should not be considered part of the funded FTE unless
additional FTE is set aside for this purpose. Traditionally funding for this
replacement is managed at a central cost centre for a facility or service (this
must be determined prior to finalising established FTE).
4. Assess impact on staff for workers’
compensation/return to work programs on the FTE required.
(e) General
1. Nursing/Midwifery
Unit Managers, Clinical Nurse/Midwife Educators, Clinical Nurse/Midwife
Consultants and Nurse/Midwife Practitioners do not carry a direct clinical
load.
2. Consideration
should be given to the evolution of future clinical roles in nursing.
3. Consideration
should be given to the additional responsibilities related to other activities
such as the Magistrates Hearing and the Mental Health Review Tribunal and
associated escorts.
4. Consideration
should be given to the impact of future legislative requirements on workloads
where reasonably known.
Section VII: Community and Community Mental
Health Staffing Arrangements
(a) The
Association and the Ministry agree that the following staffing arrangements are
to apply in all Community Health Services (including services such as child and
family health, community mental health and drug health) and be used by managers
in the evaluation of nursing staff levels and for the Reasonable Workload
Committees to assess and manage identified workloads issues in accordance with
the principles specified in subclause (iii) Principles.
(b) The
current agreed average ‘face-to-face’ ratio in the Community Health Service
(CHS) will be used as the starting point for consideration of staffing levels
where indications are that staffing numbers are insufficient to manage the
workload.
(c) Funded
/ budgeted FTE must include no less than four weeks (20 days) of annual leave
relief per productive FTE. Where staff are required to work shift work or weekends
then no less than six weeks (30 days) should be included. Managers are
responsible for scheduling annual leave equitably throughout the year to manage
leave liabilities and to prevent unreasonable increased workload for remaining
employees arising from the taking of leave.
(d) Funded/budgeted
FTE must include no less than two weeks (10 days) of sick/FACs leave relief and
mandatory education relief per productive FTE. Cost centres with child and
family services must include an additional day to accommodate mandatory
education leave for child protection.
Funded
FTE available for relief of sick/FACS/ mandatory education is to be utilised as
required when this leave is taken rather than used for permanent employment.
(e) Replacement
for long service leave and paid maternity leave should not be considered part
of the funded FTE unless additional FTE is set aside for this purpose.
Traditionally, funding for this replacement is managed at a central cost centre
for a facility or service.
(f) Assess
impact on staff for workers’ compensation / return to work programs on the FTE
required.
(g) Existing
appointed positions, e.g. CNCs and managers, must be maintained in their
current role, and except in the case of emergencies, will not be routinely used
to cover nursing shortages in the general workload areas.
To
ensure this occurs, each appointed position should have a position description
that defines the scope and requirements of their primary role.
Leave
relief for these positions is required in the funded FTE.
(h) Induction
programs including preceptorship should be in place to adequately supervise new
staff. These programs would include a
reasonable number of "supernumerary" hours followed by appropriate
allocation of patients according to the complexity of need and the new staff’s
level of training. The ability to consult senior staff by phone should be
ensured, particularly during induction.
Funded
FTE should incorporate a reasonable number of additional hours for this purpose
based on historical turnover rates.
(i) Community
Health Services must have the ability to maintain a "pool" of casual
staff to manage unplanned leave and vacancies or a sudden and unanticipated
increase in workload.
(j) Reasonable
deployment within individual Community Health Services to address uneven
workload distribution should occur as a day-to-day management strategy.
However, this should not be seen as a method of covering unfilled vacancies or
ongoing sick leave.
Long
term demographic trends may result in adjustment of boundaries to enable
existing staffing to better accommodate the needs of the community while still
maintaining composition of their team.
(k) Appropriate
hours for case management should be included in the Funded FTE to maintain a
safe and holistic level of care for patients. This principle is inherent in the
needs for patients in the community.
(l) Appropriate
time for travel in the context of the local geography and traffic conditions
must be factored into hours required for clinical workload.
(m) In
accordance with occupational health and safety principles, hazards must be
eliminated or controlled, appropriate loading facilities must be provided, to
enable restocking of clinical supplies and equipment.
(n) Nursing
hours utilised in carrying out non clinically related activities e.g. servicing
of vehicles should be monitored, quantified and incorporated into the FTE
required for a given service.
(o) This
list indicates minimum requirements only.
Section VIII: Emergency Department Staffing
Arrangements
(a) The
Association and the Ministry have agreed that the following staffing
arrangements are to apply in Emergency Departments and be used by managers in
the evaluation of nursing staff levels and for the Reasonable Workload
Committees to assess and manage identified workloads issues in accordance with
the Principles specified in subclause (iii).
(b) When
determining the nursing FTE required:
1. The
previous 12 months activity should be used unless the ED has had a significant
change in activity, presentation number or type, or where a new model of care
has commenced which has impacted on the type of presentation or Length of Stay.
2. Staff
assessment will be based on comparisons to the FTE Utilised in the individual
ED in the previous year in conjunction with professional judgement,
incorporating anecdotal information on known workload issues.
3. Consideration
needs to be given to local factors affecting workload. This may have the
potential to increase the required FTE over and above that indicated by
activity.
(c) When
determining the nursing FTE required for leave relief:
1. No
less than six weeks (30 days) annual leave relief per productive FTE for staff
working shift work and no less than 4 weeks (20 days) for non-shift workers
must be included.
2. No
less than two weeks (10 days) of sick/FACS leave and mandatory education relief
per productive FTE must be included.
3. Replacement
for long service leave and paid maternity leave should not be considered part
of the required FTE. Traditionally funding for this replacement is managed at a
central cost centre for a facility or service.
4. Assess
the impact on staff for workers’ compensation/return to work programs on FTE
required.
(d) General
1. All
Level 5 and 6 Emergency Departments to have a dedicated shift coordinator on
all shifts in addition to the FTE required for clinical activity. The
requirement for additional FTE for the Shift Coordinator in Levels 1 to 4
Emergency Departments is at the discretion of the facility after due
consideration of the historical and anticipated activity for each shift of the
week
2. There
is to be an identified triage nurse on every shift.
3. Provision
must be made for the coverage of community retrievals and participation in the
facility Cardiac Arrest Team, if this an ED responsibility.
4. Where
an Emergency Department has a dedicated Psychiatric Emergency Care Centre
(PECC), mental health specialist nurses must staff it. The FTE required for appropriate coverage of
the PEC Unit is in addition to the requirement for the main sections of the
Emergency Department.
5. The
facility must have a contingency plan to backfill nurses in the event that they
are called out as part of a disaster team.
6. This
list indicates minimum requirements only.
(e) Provision
of designated nurses for the resuscitation area.
The
provision of designated nurses for the resuscitation area in Emergency
Departments will be as follows:
To
provide the staffing levels set out in the table below the required additional
nurses will be employed in accordance with a timetable agreed between the
Ministry and the Association, with full effect from 1 July 2013.
|
Description
|
Provision
|
|
Adult/mixed Emergency Departments with a role delineation of
Level 6 and Urgency Disposition Groups (‘UDG’) of 45,000 or more
|
Three designated resuscitation nurses on two shifts and two
designated resuscitation nurses on the third shift
|
|
Adult/mixed Emergency Departments with a role delineation of
Level 6 and UDG of less than 45,000
|
Two designated resuscitation nurses on two shifts and one
designated resuscitation nurse on the third shift
|
|
Adult/mixed Emergency Departments with a role delineation of
Level 3, 4 or 5 and UDG of more than 45,000
|
Two designated resuscitation nurses on two shifts and one
designated resuscitation nurse on the third shift
|
|
Adult/mixed Emergency Departments with a role delineation of
Level 4 or 5 and UDG of more than 25,000 and less than 45,000.
|
One designated resuscitation nurse on each of three shifts per
day
|
‘UDG’
stands for urgency disposition groups which is a methodology applied by the NSW
Ministry of Health that weights Emergency Department attendances for the triage
category mix and patient disposition e.g. hospital admission.
Section IX:
Hospital Listings
(a) The
Ministry will publish on its website the following lists, updated annually:
1. As
per clause 53, Section II (a), a list of Hospitals by Peer Group;
2. As
per clause 53, Section III (a), a list of Hospitals by Emergency Department
role delineation;
3. As
per clause 53, Section VIII (d), a list of hospitals which outlines both the
Emergency Department role delineation and Urgency Disposition Groups (UDG)
attendances.
(v) Role
of Reasonable Workload Committees
(a) Reasonable
Workload Committees will be established to facilitate consultation on
reasonable workloads for nurses, together with the provision of advice and
recommendations to management. Aspects of reasonable workload may include, but
need not be limited to, nursing workloads generally, the provision of
specialist advice, training, and planning for bed or ward closures or openings
as they relate to nursing workloads. It is intended that the committees, by
their operation, will make a positive contribution to the workload of nurses.
Reasonable Workload Committees are a mechanism to provide for informed
discussions at the local level and encourage the resolution where possible of
any workload disputes at this level in the first instance.
(b) The
committees by their operation will not alter the rights and obligations of
management to decide nursing workload matters.
(c) Public
hospitals, mental health facilities and multi-purpose sites will monitor the
implementation of reasonable workloads for nurses using the agreed Monitoring
System in all inpatient wards/units.
Monthly
and annual reports generated by the Monitoring System will be provided to the
Reasonable Workload Committee to ensure the committees have the information
they need to assess workload issues.
In
areas where the NSW Ministry of Health and the Association have agreed that the
Monitoring System cannot apply, relevant available data pertaining to workloads
will be collected and collated for the use of Reasonable Workload Committees.
(d) It
is intended that the Reasonable Workload Committees provide a structured and
transparent forum for all nurses to be genuinely consulted about workload
matters through an appropriate mechanism; contribute to the decision making
process; and have the ability to resolve disputes about workloads, should they
arise, through the committee process and provisions in this award.
(vi) Structure of Reasonable Workload Committees
(a) Upon
request by the Association, nurse(s) employed in a public hospital, or public
health organisation or the employer, a Reasonable Workload Committee will be
established for the relevant public hospital or public health
organisation. Such requests will be made
to the Chief Executive Officer of the public health organisation. Where
circumstances warrant and are conducive to the efficient delivery of services,
a Reasonable Workload Committee may be established by agreement between the
Association and the employer that covers more than one public hospital or
public health organisation.
(b) Upon
request by the Association or an employer a reasonable workload committee will
also be established for the relevant Local Health District or Statutory Health
Corporation.
(c) Each
Reasonable Workload Committee will comprise equal representation of employees
and the employer. Employee representation
will be determined by the Association.
Employer representation will be determined by the employer as
appropriate. Committee size will be determined by agreement between the
Association and the employer. Every
endeavour will be made to minimise the size of the committee, with provision to
co-opt additional assistance that may be required on an ‘as needs’ basis.
(d) The
committees will meet with a frequency determined by each committee, having
regard to issues and information to hand.
(e) The
committee members and the parties they represent will make every endeavour to
reduce or eliminate any duplication of subject matter and coverage with
pre-existing structures and consultative mechanisms. Every effort will also be taken to ensure the
most efficient meeting arrangements are instituted for operation of the
committees and to minimise disruption to nurses’ rosters. The committee members and the parties they
represent will make every endeavour to ensure that any additional time and
information imposts arising from the operations of the committee are minimised.
(f) To
enable members of reasonable workload committees to discharge the committee’s
role and carry out their responsibilities, attendance at committee meetings and
reasonable preparation time will be deemed to be time on duty and remunerated
accordingly. Wherever possible, this
time should occur during the ordinary hours of work.
(vii) Grievances in relation to workload
(a) Notwithstanding
the provisions specified in subclauses (ii) to (iii) of clause 48, Disputes, in
this award, the following procedure will apply to resolve workload grievances
or staffing grievances directly arising from nursing workload issues.
(b) A
grievance in relation to such matter will first be raised at the local
ward/unit level with the Nursing/Midwifery Unit Manager responsible (or the
appropriate manager).
(c) If
the matter remains unresolved, it should be referred to the appropriate
Nurse/Midwife Manager, Director of Nursing or Local Health District Director of
Nursing, depending on the nursing executive structure of the public hospital or
public health organisation in which the grievance has arisen.
(d) If
the matter remains unresolved, it should be referred to the appropriate public
hospital/public health organisation reasonable workload committee for
consideration and recommendation to management.
If the matter cannot be resolved by this committee, the issue may be
referred to a Local Health District or Statutory Health Corporation committee
under paragraph (v)(b).
(e) If
the matter remains unresolved, it should be dealt with in accordance with the
provisions of subclauses (iv) to (ix) of clause 48, Disputes, in this award.
54. Trade Union Activities
A. Trade Union Activities regarded as
On-Duty
An
Association delegate will be released from the performance of normal duty when
required to undertake any of the activities specified at (i) to (viii) below.
While
undertaking such activities on a normal rostered day on duty, the Association
delegate will be regarded as being on duty and will not be required to apply
for leave. The delegate will not be entitled to overtime at the end of the
roster cycle as a consequence of undertaking these activities.
In
circumstances where an Association delegate is not rostered for duty or is on
an allocated/additional day off and is not required by the employer to
undertake these activities, such time will not be counted as time worked.
(i) Attendance
at meetings of the workplace's Work Health and Safety Committee and
participation in all official activities relating to the functions and
responsibilities of elected Work Health and Safety Committee representatives at
a place of work as provided for in the Work
Health and Safety Act 2011
(NSW), as amended or replaced from time to time;
(ii) Attendance at meetings with workplace management or workplace
management representatives;
(iii) A reasonable period of preparation time, before:
(a) meetings
with management;
(b) disciplinary
or grievance meetings when an Association member requires the presence of an
Association delegate; and
(c) any
other meeting with management,
by
agreement with management, where operational requirements allow the taking of
such time.
(iv) Giving evidence in court on behalf of the employer;
(v) Presenting
information on the Association and Association activities at induction sessions
for new staff. The Association will have up to one half-hour made available for
a presentation 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; and
(vi) Distributing official Association publications or other authorised
material at the workplace, provided that a minimum of 24 hours notice is given
to workplace management, unless otherwise agreed between the parties.
Distribution time is to be kept to a minimum and is to be undertaken at a time
convenient to the workplace.
B. Trade Union Leave Activities
The
granting of trade union leave with pay will apply to the following activities
undertaken by an Association delegate, as specified below: -
(i) annual
or biennial conferences of the Association;
(ii) meetings of the Association's Executive, or Councils;
(iii) annual conference of Unions NSW and the Congress of the
Australian Council of Trade Unions;
(iv) attendance at meetings called by the Unions NSW involving the
Association which requires attendance of a delegate;
(v) attendance
at meetings called by the Director-General of Health/Health Service, as the
employer for industrial purposes, as and when required;
(vi) giving evidence before an Industrial Tribunal as a witness for
the Association;
(vii) reasonable travelling time to and from conferences or meetings to
which the provisions of Parts A, B and C of this clause apply.
C. Trade Union Training Courses
The
following training courses will attract the grant of paid trade union leave as
specified below:
(i) accredited
Work Health and Safety (WH&S) courses and any other accredited WH&S
training for WH&S Committee members. The provider(s) of accredited WH&S
training courses and the conditions on which paid trade union leave for such
courses will be granted will be negotiated between the Chief Executive and the
Association.
(ii) courses organised and conducted by the Australian Council of
Trade Unions or by the Association or a training provider nominated by the
Association. A maximum of 12 working days in any period of 2 years applies to
this training and is subject to:
(a) the
operating requirements of the workplace permitting the grant of leave and the
absence not requiring employment of relief staff;
(b) payment
being at the base rate, i.e. excluding extraneous payments such as shift
allowances/penalty rates, overtime, etc.;
(c) the
employer not being responsible for any travelling and associated expenses
incurred in attending such courses;
(d) attendance
being confirmed in writing to the employer by the Association or a nominated
training provider."
D. On-Loan Arrangements
Subject
to the operational requirements of the workplace, "on loan"
arrangements will apply to the following activities:
(i) meetings
interstate or in NSW of a Federal nature to which an Association member has
been nominated or elected by the Association:
(a) as
an Executive Member; or
(b) a
member of a Federal Council; or
(c) as
a member of a vocational or industry committee.
(ii) briefing counsel on behalf of the Association;
(iii) assisting Association officials with preparation of cases or any
other activity outside their normal workplace at which the delegate is required
to represent the interests of the Association;
(iv) country tours undertaken by a member of the executive or Council
of the Association;
(v) taking
up of full time duties with the Association (excluding Elected Office);
(vi) the following financial arrangements apply to the occasions when
a staff member is placed "on loan" to the Association:
(a) the
employer will continue to pay the delegate or an authorised Association
representative whose services are "on loan" to the Association;
(b) the
employer will seek reimbursement from the Association at regular intervals of
all salary and associated on costs, including superannuation;
(c) agreement
with the Association on the financial arrangements, including agreement on
leave matters, must be reached before the on loan arrangement commences and
must be documented in a manner negotiated between the Chief Executive of the
Health Service and the Association.
(vii) "On loan" arrangements negotiated in terms of this
clause are to be regarded as service for the accrual of all leave, for
incremental progression and for continuity of employment purposes.
(viii) On loan arrangements may apply to full-time or part-time staff and
are to be kept to the minimum time required. Where the Association needs to
extend an on loan arrangement, the Association will approach the Chief
Executive in writing for an extension of time well in advance of the expiration
of the current period of on loan arrangement.
(ix) Where the Chief Executive and the Association cannot agree on
the on loan arrangement, the matter is to be referred to the Director-General
of Health for determination after consultation with the Chief Executive and the
Association."
E. Period of Notice for Trade Union
Activities
The
Chief Executive or their nominee must be notified in writing by the Association
or, where appropriate, by the accredited delegate as soon as the date and/or
time of the meeting, conference or other accredited activity is known.
F. Access to Facilities by Trade Union
Delegates
The
workplace will provide accredited delegates with reasonable access to the
following facilities for authorised Association activities:
(i) telephone,
facsimile and, where available, email facilities;
(ii) a notice board for material authorised by the Association or
access to staff notice boards for material authorised by the Association;
(iii) workplace conference or meeting facilities, where available, for
meetings with member(s), as negotiated between local management and the
Association."
G. Responsibilities of the Trade Union
Delegate
Responsibilities
of the delegate are to:
(i) establish
accreditation as a delegate with the Association and provide proof of
accreditation to the workplace;
(ii) participate in the workplace consultative processes, as
appropriate;
(iii) follow the dispute settling procedure applicable in the
workplace;
(iv) provide sufficient notice to the immediate supervisor of any
proposed absence on authorised Association business;
(v) account
for all time spent on authorised Association business;
(vi) when trade union leave is required, to apply for that leave in
advance;
(vii) distribute Association literature/membership forms, under local
arrangements negotiated between the Chief Executive and the Association; and
(viii) use any facilities provided by the workplace properly and
reasonably as negotiated at organisational level."
H. Responsibilities of the Trade Union
Responsibilities
of the Association in respect of trade union activities are to:
(i) provide
written advice to the Chief Executive about an Association activity to be
undertaken by an accredited delegate and, if requested, to provide written
confirmation to the workplace management of the delegate's
attendance/participation in the activity;
(ii) meet travelling, accommodation and any other costs incurred by
the accredited delegate, except as provided in subclause (iii) of Part I,
Responsibilities of Workplace Management;
(iii) pay promptly any monies owing to the workplace under a
negotiated "on loan" arrangement;
(iv) provide proof of identity when visiting a workplace in an
official capacity, if requested to do so by management;
(v) apply
to the Chief Executive of the health service well in advance of any proposed
extension to the "on loan" arrangement;
(vi) assist the workplace management in ensuring that time taken by
the Association delegate is accounted for and any facilities provided by the
employer are used reasonably and properly; and
(vii) advise employer of any leave taken by the Association delegate
during the on loan arrangement.
I. Responsibilities of Workplace
Management
Where
time is required for Association activities in accordance with this award the
responsibilities of the workplace management are to:
(i) release
the accredited delegate from duty for the duration of the Association activity,
as appropriate, and, where necessary, to allow for sufficient travelling time
during the ordinary working hours;
(ii) advise the workplace delegate of the date of the next induction
session for new staff members in sufficient time to enable the Association to
arrange representation at the session;
(iii) meet the travel and/or accommodation costs properly and
reasonably incurred in respect of meetings called by the workplace management;
(iv) where possible, to provide relief in the position occupied by
the delegate in the workplace, while the delegate is undertaking Association
responsibilities to assist with the business of workplace management;
(v) re-credit
any other leave applied for on the day to which trade union leave or release
from duty subsequently applies. This does not apply where the delegate is
rostered off duty on the day she/he is required to perform Association
activities or on an allocated/additional day off duty;
(vi) to continue to pay salary during an "on loan"
arrangement negotiated with the Association and to obtain reimbursement of
salary and on-costs from the Association at regular intervals, or as otherwise
agreed between the parties if long term arrangements apply;
(vii) to verify with the Association the time spent by an Association
delegate or delegates on Association business, if required; and
(viii) if the time and/or the facilities allowed for Association
activities are thought to be used unreasonably and/or improperly, to consult
with the Association before taking any remedial action.
J. Travelling and other Costs of Trade
Union Delegates
(i) Except
as specified in subclause (iii) of Part I, Responsibilities of Workplace
Management of this award, travel and other costs incurred by accredited
Association delegates in the course of Association activities will be paid by
the Association.
(ii) In respect of meetings called by the workplace management in
terms of subclause (iii) of Part I, Responsibilities of Workplace Management of
this award, the payment of travel and/or accommodation costs, properly and
reasonably incurred, is to be made, as appropriate, on the same conditions as
apply under clause 20, Mobility, Excess
Fares and Travelling, of this award and relevant Circulars.
(iii) No overtime, leave in lieu, shift penalties or any other
additional costs will be claimable by a staff member from the employer, in
respect of Association activities covered by paid trade union leave or trade
union "on duty" activities provided for in this award.
(iv) The "on loan" arrangements will apply strictly as
negotiated and no extra claims in respect of the period of on loan will be made
on the employer by the Association or the staff member.
55. Learning and Development Leave
(i) Definitions
The
following definitions apply in this clause:
"Learning
and Development Leave" includes leave granted to undertake tertiary
studies at an accredited education institution and includes leave for
examinations, or leave granted to attend external activities, such as
conferences, seminars and short courses. Employees may also attend lectures,
tutorials, conferences or seminars on days they are not rostered for duty, for
which no payment is made.
Leave
is not required for the following types of employer-supported learning
activities that are undertaken by employees on a routine basis, and at which
employees are considered to be ‘on duty’:
• in-house courses or activities
• mandatory training and education
"Educational
institutions" are those accredited to provide undergraduate and/or
postgraduate tertiary studies that culminate in a recognised academic and/or
professional qualification including a degree, diploma or certificate.
(ii) General
(a) Learning
and development is a shared responsibility between the organisation and the
individual. Employees should be prepared to pursue their own development and
the organisation should promote an environment that supports individual
initiative.
(b) The
Secretary of Health is responsible for setting policy direction to ensure that
all employees receive appropriate learning opportunities.
(c) Chief
Executives of Health Services are responsible and accountable for ensuring that
employees receive appropriate learning opportunities in line with the present
and future needs of the Health Service. Chief Executives are also responsible
for allocating an appropriate budget for learning activities, which may include
replacement costs for rostered staff who are on leave to attend an approved
workshop, conference or tertiary studies.
(d) Managers
and supervisors are responsible and accountable for promoting and supporting
learning activities for staff in their area of responsibility. Managers and
supervisors are also responsible for arranging replacement staff, when
necessary, for employees who may be attending learning activities. Managers and
supervisors must advise all employees of the protocol for review procedures
relating to non-approval of Learning and Development Leave.
(e) Nurses
wishing to attend a part time postgraduate course of study who are working
shift work are to be given priority in being released from rostered shifts to
attend lectures/tutorials where there are no alternative and feasible
attendance options. Replacement of staff should be provided where appropriate.
This applies only to further studies that lead to a recognised clinical
qualification.
(f) Employees are responsible for meeting all fees/costs associated
with tertiary studies and fees associated with other educational activities
unless the Health Service offers scholarships or other forms of financial
assistance.
(iii) Eligibility
(a) Access
to Learning and Development Leave is at the discretion of the Health
Service. It should be made available to
all eligible employees within the Health Service to promote the development of
a highly trained, skilled and versatile workforce which is responsive to the
requirements of government and Health Service delivery.
(b) Permanent
staff who are full time or part time, and full time temporary employees are
eligible to apply for leave. Part time temporary employees and permanent part
time employees are granted leave on a pro-rata basis. Casual staff are not
eligible for this form of leave.
(iv) Types and amount of leave
(a) Seminars,
conferences and short courses
(1) The
approval of leave and/or financial assistance for attendance at seminars,
conferences or short courses should be considered in light of the Health
Service strategic plan. Employees may be granted Learning and Development Leave
or may be considered on duty depending on the priority for this activity in the
light of the Health Service Strategic Plan.
(2) The amount of leave is at the discretion of the Health Service.
Decisions in relation to financial assistance should be made in the context of
the budget and the expected benefits to the Health Service.
(b) Tertiary
Study
(1) When
developing local learning and Development Leave policy for tertiary study each
Health Service will need to advise employees of local approval arrangements.
(2) Leave
is not to be approved for failed or repeated subjects.
(c) Face
to face
(1) The
amount of leave granted is at the discretion of the Health Service. As a guide, in respect of attendance at an
educational institution, employees may be granted 50% of compulsory attendance
times up to four hours per week per semester or term.
(2) The
amount of leave to attend examinations should be based on the specific
requirements of the individual course. An employee’s request not to be rostered
to work night shift on the day prior to a scheduled morning examination should,
wherever practicable, be agreed to by the Health Service.
(d) Distance
Education
An
equivalent amount of Learning and Development Leave to that available for face
to face study is to be granted to employees undertaking distance education.
(e) Accrual
of leave
Learning
and Development Leave associated with tertiary studies may be accrued up to a
maximum of 5 days per semester or term, and may be accrued until the last
examination of the semester, or the last attendance day of the semester if
there is no final examination.
(f) Residentials
The
amount of leave to attend a compulsory residential program should be based on
the specific requirements of the course and should be negotiated at the time of
application for Learning and Development Leave.
(g) Thesis/Research
or combination Thesis/Research/Coursework
Periods
of leave may also be granted to employees undertaking higher degrees by thesis,
research, coursework, or a combination of same. The amount of leave will be
based on four hours per week for each academic year of study. Rather than being
taken on a week to week basis the leave is available over the course of study.
For example, if the higher degree takes 1 academic year and an academic year is
30 weeks the entitlement for leave would be calculated as 30 weeks x four hours
= 120 hours available over the year. If
the higher degree takes two years the amount would be 240 hours. All hours are
available over the length of the course and may be taken in amounts mutually
agreeable between the employee and the Health Service.
(v) Payment
for Leave
Leave
approved pursuant to this clause will be paid at the employee’s ordinary rate
of salary and excluding penalty rates.
56. Career Break Scheme
(i) The
career break scheme allows employees to defer twenty percent of their salary
for four years and be paid this deferred salary in the fifth year.
(ii) Employees who apply and are approved to participate in the
career break scheme will receive 100% of their normal salary for the first four
years with a deduction equivalent to 20% of net salary (gross less tax). The
20% of net salary is deposited into a trust account in the employee’s name each
pay period for payment in the fifth year (the deferred salary leave year) and
subject to applicable taxation as required by law.
(iii) All full time and permanent part time employees are eligible to
participate in the career break scheme.
Casual and temporary employees are excluded from participation in career
break scheme. If a permanent employee is
placed into another position by way of temporary engagement or secondment
during the four years when salary is being deferred, this will not of itself
affect their continued participation in the career break scheme.
(iv) Each public health organisation will call for expressions of
interest from employees seeking to participate in the career break scheme once
each calendar year. The timing of the invitation of applications is to be
determined by the public health organisation.
(v) Each
public health organisation will determine the number of employees that may
participate in the career break scheme having regard to service delivery and
staffing levels and reserves the right to approve or not approve requests after
considering workforce needs. This will be done in consultation with employees.
The public health organisation will not unreasonably refuse any application by
an employee to participate in the career break scheme.
(vi) For members of the State Superannuation Scheme (SSS) the public
health organisation will maintain the participant’s employer contributions for
the full five year period at the rate applicable to a person earning full
salary for each of the five years. Any
required personal superannuation contributions of participants are payable at
the rate applicable to 100% of salary for each of the five years.
(vii) For members of the State Authorities Superannuation Scheme (SASS)
the public health organisation will maintain the participant’s employer
contributions for the full five year period at the rate applicable to a person
earning full salary for each of the five years.
Any required personal superannuation contributions of participants are
payable at the rate applicable to their full salary for each of the five years.
(viii) For members of other complying funds (e.g. First State
Superannuation, HESTA, HIP) the public health organisation will cease making
employer contributions during the deferred salary leave year. The superable salary is deemed to be 100% of
the participant’s normal salary (both deferred and the remaining 80% paid) for
each of the first four years, and superannuation employer contributions are
calculated on this basis. In the
deferred salary leave year no employer contributions to superannuation are
payable for members of these funds.
(ix) Employees will continue to pay all personal employee
superannuation contributions whilst participating in the career break scheme.
The amount of such employee contributions is determined by the superannuation
scheme/fund to which the employee is contributing and personal contributions
during the deferred salary leave year are payable at the rate applicable to the
employee’s full salary.
(x) In
the deferred salary leave year, salary packaging and payroll deductions will
not be available.
(xi) The five years of the career break scheme will count as service
for the accrual of long service leave, sick leave, annual leave, salary
increments and other statutory entitlements. Any leave without pay taken by an
employee whilst participating in the career break scheme will not count for the
purpose of accrual of any leave. For the purpose of determining the leave
accrued in the fifth year of the career break scheme (i.e. the deferred salary
leave year) for permanent part-time employees, the average of all hours worked
(excluding overtime) in the first four years of the career break scheme and
including paid leave taken will be used for the basis of making this
calculation.
(xii) If any leave without pay is taken by an employee during the first
four years of the career break scheme, the commencement of the deferred salary
leave year will be postponed by the time the employee was absent from duty i.e.
by the number of days leave without pay taken by the employee.
(xiii) Employees are entitled to take paid leave during the first four
years of the career break scheme, subject to normal approval processes at the
public health organisation. Whilst on any paid leave the employee will be paid
in accordance with subclause (ii) of this clause.
(xiv) Employees are not entitled to take any form of leave during the
deferred salary leave year, with the exception of Maternity and Adoption leave.
In
respect to Maternity or Adoption leave, if the deferred salary year has not yet
commenced, the employee may elect to postpone the deferred salary leave year
until after the completion of such leave (up to 52 weeks). If the employee
elects not to postpone the deferred salary leave year, they are entitled to a
lump sum payment of their normal salary for the period of paid
maternity/adoption leave. The paid maternity/adoption leave does not extend the
deferred salary leave year.
(xv) There will be no access to the deferred salary until the fifth
year unless the employee chooses to withdraw from the career break scheme.
(xvi) An employee may elect to withdraw from the career break scheme at
any time by giving reasonable notice to the employer and will be paid all
monies in the trust account.
(xvii) It is the responsibility of the employee participating in the
career break scheme to declare the interest earned on the deferred salary to
the Taxation Office. Normal government statutory charges attributed to an individual’s
deferred salary account will be paid by the employee.
(xviii) Subject to approval by the public health organisation an employee
may undertake outside employment in the deferred salary leave year. During the
deferred salary leave year, employees are not permitted to undertake work in
the NSW Health Service in positions covered by the Award. However, this does not prevent work in the
NSW Health Service in another position not covered by the Award.
(xix) Upon return to work after the deferred salary leave year an
employee will resume employment in their substantive public health system
entity position at the conclusion of their participation in the career break
scheme, being the anniversary date of commencing the deferred salary leave
year.
(xx) Employees are advised to seek independent financial advice about
participating in the career break scheme and the effect on superannuation. Comprehensive details regarding the operation
of the career break will be recorded in a written agreement between the
employee and the employer, to be signed prior to the commencement of the five
year period.
(xxi) A review of the operation of this clause will occur by a date
agreed between the parties. That review
will be undertaken by the Ministry of Health and the Association and will
consider any recommendations to vary the Scheme.
57. Supernumerary Time for New Graduates
(i) Newly graduated Registered Nurses,
Midwives and Enrolled Nurses will be provided with a minimum of five days of
clinical supernumerary time within their first 12 months of employment to
support their learning and development needs.
58. Commitments During Term of This Award
(i) The Association commits to continuing
co-operation with and, where requested, participation in, NSW Health efficiency
and productivity improvement initiatives, including those set out below:
(a) better demand management though Medical
Assessment Units, Community Service Packages, and Community Acute/Post-Acute
Care;
(b) improved Severe Chronic Disease Management
(SCDM);
(c) implementation of Electronic Medical
Records, Electronic Medication Management, and Computerised Physician Order
Entry;
(d) enhanced Healthcare Associated Infections
(HAI) control;
(e) improved clinical hand-over procedures;
(f) reduction in medication errors;
(g) increased utilisation of Telehealth,
enabling rural and remote hospitals to access advice and specialised skills to
minimise treatment delays and reduce patient transfers;
(h) improved Nursing/Midwifery Unit Manager
capabilities;
(i) improved Drug & Alcohol Consultation
liaison;
(j) improved Management of Patient
Deterioration;
(k) management of ambulatory care sensitive
conditions;
(l) implementing the new rostering system, in
particular co-operating in learning and applying the new system; and
(m) continuation of changes to ensure
consistency in approach to skill mix and classifications, including use of
nurse practitioners, senior clinical nurses, enrolled nurses and assistants in
nursing. One of the clinical areas to be
reviewed to ensure appropriate skill mix is in operating theatres.
(ii) The Association commits to continuing
co-operation with and, where requested by the Ministry, participation in, the
following safety and quality initiatives:
(a) better discharge management planning to
facilitate earlier discharges and other improved patient flow strategies;
(b) trialling and/or implementation of new
models of care, such as Urgent Care Centres and the Surgery Futures project,
which includes establishment of high volume short stay surgery centres and
improved separation of emergency from planned surgery;
(c) operating theatre redesign to move
procedures not needing a full operating theatre environment to procedure rooms
and ambulatory care centres;
(d) implementation of programs to facilitate
rapid assessment of patients from residential aged care facilities;
(e) the Pharmacy Reform program, in
particular the review of nursing roles in medication management (including
transition to home and general business processes) and implementation of any
recommended changes; and
(f) operationalising Supervision for Safety
principles within existing staffing.
(iii) This commitment to co-operation is without
prejudice to any claims the Association may make covering the period from 1
July 2009 with respect to increased productivity, work value or special case
factors arising from the provisions described above, or any response by the
Ministry to such claims.
59. Area, Incidence and Duration
(i) This award rescinds and replaces the
Public Health System Nurses’ and Midwives’ (State) Award 2022 published 20
January 2023 (393 I.G. 1251) and all variations thereof.
(ii) This award will apply to persons engaged
in the industry of nursing.
(iii) Industry of nursing means the industry of
persons engaged in New South Wales in the profession or occupation of nursing
including midwifery and employed in or in connection with the New South Wales
Health Service as defined in section 115 of the Health Services Act 1997
(NSW) or its successors, assignees or transmittees.
(iv) This award commences on and from 1 July
2023. It will remain in force until 30 June 2024.
(v) The increases shown in the Schedule A
commence from the first full pay period commencing on or after (‘FFPPCOOA’) 1
July 2023.
Schedule A
Part B
Monetary
Rates
Table 1 -
Salaries
|
Description
|
FFPPCOOA
|
|
|
01/07/2023
|
|
|
Per week
|
|
|
$
|
|
Assistants in Nursing / Midwifery
|
|
|
1st Year
|
964.70
|
|
2nd Year
|
995.40
|
|
3rd Year
|
1026.70
|
|
4th Year and Thereafter
|
1058.40
|
|
Enrolled Nurse Without Medication
Qualification
|
|
|
1st Year
|
1183.90
|
|
2nd Year
|
1209.90
|
|
3rd Year
|
1235.60
|
|
4th Year
|
1261.90
|
|
5th Year and Thereafter
|
1288.60
|
|
Special Grade >08/12/1999
|
1328.70
|
|
Enrolled Nurse
|
|
|
1st Year
|
1209.90
|
|
2nd Year
|
1235.60
|
|
3rd Year
|
1261.90
|
|
4th Year
|
1288.60
|
|
5th Year and Thereafter
|
1314.70
|
|
Special Grade
|
1354.90
|
|
Registered Nurse / Midwife
|
|
|
1st Year
|
1342.50
|
|
2nd Year
|
1415.30
|
|
3rd Year
|
1488.40
|
|
4th Year
|
1566.80
|
|
5th Year
|
1644.60
|
|
6th Year
|
1721.90
|
|
7th Year
|
1810.50
|
|
8th Year and Thereafter
|
1884.90
|
|
Clinical Nurse Specialist
|
|
|
Clinical Nurse / Midwife
Specialist
|
|
|
Grade 1 - 1st Year and Thereafter
|
1961.50
|
|
Grade 2 - 1st Year
|
2107.10
|
|
Grade 2 - 2nd Year and Thereafter
|
2176.30
|
|
Clinical Nurse / Midwife
Consultant
|
|
|
Appointed prior to 31.12.99
|
2412.10
|
|
Grade 1 - 1st Year >31.12.99
|
2357.90
|
|
Grade 1 - 1st Year >31.12.99
|
2406.10
|
|
Grade 2 - 1st Year >31.12.99
|
2453.70
|
|
Grade 2 - 2nd Year >31.12.99
|
2502.60
|
|
Grade 3 - 1st Year >31.12.99
|
2598.60
|
|
Grade 3 - 2nd Year >31.12.99
|
2646.90
|
|
Clinical Nurse / Midwife Educator
|
|
|
Year 1
|
2040.90
|
|
Year 2 and Thereafter
|
2107.10
|
|
Nurse / Midwife Educator
|
|
|
4th Year as at 1/7/08
|
2412.10
|
|
Grade 1 - 1st Year
|
2292.50
|
|
Grade 1 - 2nd Year and Thereafter
|
2357.90
|
|
Grade 2 - 1st Year
|
2453.70
|
|
Grade 2 - 2nd Year and Thereafter
|
2502.60
|
|
Grade 3 - 1st Year
|
2598.60
|
|
Grade 3 - 2nd Year and Thereafter
|
2646.90
|
|
Nurse / Midwife Practitioner
|
|
|
1st Year
|
2598.60
|
|
2nd Year
|
2646.90
|
|
3rd Year
|
2714.50
|
|
4th Year
|
2782.40
|
|
Nursing / Midwifery Unit Manager
|
|
|
Level 1
|
2364.80
|
|
Level 2
|
2476.80
|
|
Level 3
|
2543.40
|
|
Nurse / Midwife Manager
|
|
|
Grade 1 - 1st Year
|
2357.90
|
|
Grade 1 - 2nd Year and Thereafter
|
2406.10
|
|
Grade 2 - 1st Year
|
2453.70
|
|
Grade 2 - 2nd Year and Thereafter
|
2502.60
|
|
Grade 3 - 1st Year
|
2598.60
|
|
Grade 3 - 2nd Year and Thereafter
|
2646.90
|
|
Grade 4 - 1st Year
|
2743.00
|
|
Grade 4 - 2nd Year and Thereafter
|
2791.20
|
|
Grade 5 - 1st Year
|
2886.70
|
|
Grade 5 - 2nd Year and Thereafter
|
2935.60
|
|
Grade 6 - 1st Year
|
3031.80
|
|
Grade 6 - 2nd Year and Thereafter
|
3080.40
|
|
Grade 7 - 1st Year
|
3271.90
|
|
Grade 7 - 2nd Year and Thereafter
|
3320.70
|
|
Grade 8 - 1st Year
|
3513.30
|
|
Grade 8 - 2nd Year and Thereafter
|
3561.20
|
|
Grade 9 - 1st Year
|
3753.50
|
|
Grade 9 - 2nd Year and Thereafter
|
3801.90
|
|
Registered Mothercraft Nurse
|
|
|
9th Year
|
1599.70
|
|
The mothercraft classification applies only to persons employed
in this classification as at 31 December 1988. Persons employed after that
date are classified as Enrolled Nurses. As at 30 June 2015, all existing
Registered Mothercraft Nurses were classified as Registered Mothercraft Nurse
9th Year.
|
|
|
Registered Nurse - Pre
Registration
|
|
|
1st Year and Thereafter
|
1157.50
|
Table 2 - Other Rates and Allowances
|
Item No.
|
Clause No.
|
Allowance
|
FFPPCOOA
01/07/2023
$
|
|
|
|
In charge of hospital
|
|
|
1
|
12(i)(a)
|
RN in charge of hospital - per shift
|
38.39
|
|
|
|
On Call
|
|
|
2
|
12(ii)(a)
|
On Call Allowance - per hour
|
4.20
|
|
2
|
12(ii)(a)
|
On Call Allowance minimum payment
|
33.60
|
|
3
|
12(ii)(b)
|
On Call Allowance on RDO - per hour
|
8.38
|
|
3
|
12(ii)(b)
|
On Call Allowance on RDO minimum
payment
|
67.04
|
|
4
|
12(ii)(c)
|
On call during meal break - per
break
|
16.52
|
|
|
|
Radiographic
|
|
|
5
|
12(iii)(a)
|
Director of Nursing performing radiographic duties - per
week
|
46.82
|
|
6
|
12(iii)(c)
|
Employee in absence of DON - per day
|
9.37
|
|
6
|
12(iii)(c)
|
Maximum payment - per week
|
46.86
|
|
7
|
12(iv)
|
Employee wearing lead apron - per
hour
|
2.33
|
|
|
|
In Charge of Ward/Hospital
|
|
|
8
|
12(v)(a) & (b)
|
RN in charge of ward - per shift
|
38.39
|
|
9
|
12(vi)
|
RN in charge of ward also in charge of hospital <100
beds - per shift
|
57.57
|
|
9(b)
|
12(ix)
|
RN in charge of ward also in charge of hospital >100
beds - per shift
|
73.59
|
|
|
|
Climatic/Isolation
|
|
|
10
|
14(i)
|
Climatic Allowance - per week
|
4.54
|
|
10
|
14(ii)
|
Isolation Allowance - per week
|
8.90
|
|
11
|
17(i)
|
Special rate for RN - Tibooburra and Ivanhoe Hospitals -
per week
|
39.98
|
|
11
|
17(i)
|
Special rate for EN, AIN - Tibooburra and Ivanhoe
Hospitals - per week
|
17.42
|
|
|
|
Justice Health
|
|
|
11a
|
17(iii)
|
Justice Health Service Environmental Allowance - per
annum
|
3366
|
|
11b
|
17(iv)
|
Justice Health Service Productivity Allowance - per week
|
82.99
|
|
|
|
Excess Fares
|
|
|
12
|
20(iv)(b)
|
Excess Fares - per day
|
6.27
|
|
|
|
Uniform and Laundry Allowance
|
|
|
13
|
23(iii)(a)
|
Uniform Allowance - per week
|
8.99
|
|
13
|
23(iii)(a)
|
Shoes Allowance - per week
|
2.78
|
|
13
|
23(iii)(a)
|
Uniform (including shoes allowance)
- per week
|
11.77
|
|
13
|
23(iii)(a)
|
Cardigan or Jacket Allowance - per
week
|
2.70
|
|
14
|
23(iv)
|
Laundry Allowance - per week
|
7.49
|
|
|
|
Accommodation and Board
Deductions
|
|
|
15
|
38(iii)(a)
|
Separate bedroom - per week
|
80.37
|
|
15
|
38(iii)(b)
|
Self-contained flat - per week
|
97.93
|
|
16
|
38(iv)
|
Deduction for meals - per week
|
173.48
|
|
17
|
38(v)(b)
|
Breakfast - per meal
|
5.86
|
|
17
|
38(v)(b)
|
Other meals - per meal
|
10.68
|
|
|
|
CSSD
|
|
|
18
|
12(viii)
|
EN employed in CSSD unit with CSSD Cert - per week
|
18.20
|
|
|
|
Flight Nurses
|
|
|
19
|
17(v)
|
Industry Allowance, Flight Nurses, Ambulance Service -
per week
|
18.58
|
|
|
|
Continuing Education Allowance
(CEA)
|
|
|
20
|
13(ii)
|
CEA - Post Registration Hospital Certificate - per week
|
44.70
|
|
21
|
13(iii)
|
CEA - Post Graduate Certificate -
per week
|
44.70
|
|
22
|
13(iv)&(x)
|
CEA - Post Graduate Diploma or
Degree - per week
|
67.20
|
|
23
|
13(v)&(x)
|
CEA - Masters Degree or Doctorate -
per week
|
80.70
|
|
24
|
13(vii)
|
CEA - Enrolled Nurse Certificate 4 -
per week
|
32.20
|
|
25
|
13(viii)
|
CEA - Enrolled Nurse Advanced Diploma of Nursing
(Enrolled/Division 2 Nursing) - per week
|
40.50
|
SCHEDULE 1: NURSE/MIDWIFE MANAGERS
A registered
nurse/midwife who:
Grade 1
(a) participates
in the management of the nursing service as the Deputy Nurse Manager in a small
health facility or hospital and is responsible to an on-site Nurse Manager;
(b) supervises
the nursing services in a small health facility or hospital on evenings, nights
and/or weekends (where such a position exists as a separate and substantive
position)
Grade 2
(a) supervises
the nursing services in a health facility or hospital greater than 100 ADA on
evenings, nights and/or weekends;
(b) participates
in the management of the nursing service of a small health facility or hospital
as the Deputy Nurse Manager, and is responsible to a nurse manager who has
responsibility for the management of two or more hospitals;
(c) co-ordinates
and manages a function, service or section (including a ward and/or unit or
community nursing service) within a health facility or hospital.
Grade 3
(a) co-ordinates
and manages a nurse education service of a hospital or group of hospitals or
health facility, supervising at least one other nurse educator (provided that
the requirement to be responsible for one or more nurse educators will not
apply in the case of an employee who is regarded by his or her employer as a
resource person for other nurse educators or who is a sole educator for that
nurse education service);
(b) participates
in the management of nursing services as the Deputy Nurse Manager in a
medium-sized health facility or hospital (other than a tertiary referral
teaching hospital);
(c) is
responsible for the management of nursing services in a small health facility
or hospital;
(d) is
the on-site executive officer in addition to responsibility for the management
of nursing services in a facility or hospital generally not exceeding 10 ADA;
(e) co-ordinates
and manages a complex function, service or section (including a large and/or
complex ward and/or unit or community nursing service) within a health facility
or hospital.
Grade 4
(a) participates in the management of nursing
services as the Deputy Nurse Manager in a complex hospital (other than a
tertiary referral teaching hospital);
(b) is responsible for the overall management
of nursing services across a group of small hospitals or facilities or health
services;
(c) co-ordinates and manages a hospital wide
function or service in a tertiary referral teaching hospital.
Grade 5
(a) is
responsible for nursing operations in a major clinical division (for example,
surgery or medicine) of a teaching hospital (other than a tertiary referral
teaching hospital);
(b) co-ordinates
and manages a complex nurse education function;
(c) is
the on-site executive officer in addition to responsibility for the management
of nursing services in a facility or hospital (or group) generally greater than
10 ADA and generally not exceeding 30 ADA;
(d) is
responsible for management of nursing services in a medium sized health
facility or hospital;
Grade 6
(a) is
the on-site executive officer in addition to responsibility for the management
of nursing services in a facility or hospital (or group) generally greater than
30 ADA and generally not exceeding 75 ADA;
(b) is
responsible for the management of nurse education in a Local Health District
where the largest hospital in the District is less than 250 ADA;
(c) participates
in the management of the nursing services as the Deputy Nurse Manager in a
tertiary referral teaching hospital;
(d) is
responsible for nursing operations in a major clinical division of a tertiary
referral teaching hospital;
(e) is
responsible for management of nursing services in a medium sized health
facility or hospital.
Grade 7
(a) is
responsible for the management of nursing services in a complex hospital;
(b) is
responsible for the management of nursing services across a group of
medium-sized hospitals or facilities or health services;
(c) is
responsible for the management of nurse education in a Local Health District
where the largest hospital in the District has an ADA greater than 250.
Grade 8
(a) is
responsible for the overall management of nursing services across a group of
complex hospitals or facilities or health services;
Grade 9
(a) is
the Local Health District Director of Nursing Services in a rural Local Health
District;
(b) is
responsible for the nursing services in a major teaching hospital providing
tertiary referral services.
CORE KNOWLEDGE AND SKILLS
|
GROUP
|
Leadership
|
Communication
|
Knowledge
|
Performance Management
|
Planning
|
Resource Management
|
|
Grade 1
|
Ability to provide
|
Ability to represent
|
Ability to utilise and
|
Ability to assess the
|
Ability to set goals,
|
Ability to effectively
|
|
|
leadership as a resource
|
nurses and consult
|
share knowledge and
|
competence of staff, and
|
formulate and
|
allocate and manage
|
|
|
person and role model
|
with staff and other
|
skills relating to nursing
|
identify strengths and
|
implement plans to
|
resources and set
|
|
|
in the clinical setting
|
health professionals
|
practice. Ability to
|
limitations. Ability to
|
achieve identified
|
nursing priorities.
|
|
|
and in professional
|
appropriately. Ability
|
contribute to and utilise
|
facilitate professional
|
outcomes. Ability to
|
|
|
|
relationships and act
|
to identify to and
|
research.
|
development of staff.
|
contribute to the
|
|
|
|
as a mentor for less
|
mediate potential and
|
|
Ability to facilitate
|
Implementation of
|
|
|
|
experienced staff
|
actual conflict between
|
|
activities which enhance
|
organisational change.
|
|
|
|
|
individuals.
|
|
the practice of staff.
|
|
|
|
Grade 2
|
Ability to lead the
|
|
Ability to acquire and
|
|
Ability to contribute to
|
Ability to develop,
|
|
|
development of policy
|
|
utilise a sound and
|
|
an operational plan for
|
monitor and evaluate
|
|
|
relating to nursing
|
|
contemporary knowledge
|
|
the nursing service and
|
nursing resource
|
|
|
practice and provide
|
|
of nursing professional
|
|
coordinate the process of
|
allocation.
|
|
|
leadership through
|
|
and management issues.
|
|
organisational change.
|
|
|
|
direction and support
|
|
|
|
|
|
|
|
to staff.
|
|
|
|
|
|
|
Grade 3
|
Ability to develop
|
Ability to utilise a broad
|
Ability to facilitate the
|
Ability to undertake
|
Ability to develop an
|
Ability to develop a
|
|
|
leadership and
|
range of communication
|
acquisition of knowledge
|
planning for and monitor
|
operational plan for the
|
staffing profile
|
|
|
management potential in
|
skills selectively in a
|
by individuals and
|
performance in areas of
|
nursing service.
|
appropriate to service
|
|
|
staff. Ability to identify
|
variety of settings.
|
groups.
|
responsibility for both
|
|
needs. Ability to
|
|
|
the need for and initiate
|
|
|
individuals and teams.
|
|
develop nursing service
|
|
|
the development of
|
|
|
Ability to undertake a
|
|
budget within prescribed
|
|
|
policy relating to the
|
|
|
range of performance
|
|
parameters.
|
|
|
nursing service.
|
|
|
management activities
|
|
|
|
|
|
|
|
appropriately
|
|
|
Grade 4
|
Ability to evaluate and
|
Ability to represent the
|
Ability to acquire and
|
Ability to develop
|
Ability to coordinate
|
Ability to identify
|
|
|
adjust policy.
|
nursing service inside
|
utilise a sound and
|
performance assessment
|
planning across a range
|
nursing and/or health
|
|
|
|
and outside the
|
contemporary knowledge
|
indicators and skill
|
of services. Ability to
|
service budget
|
|
|
|
organisation at a local
|
of health management
|
development tools.
|
manage the process of
|
requirements and
|
|
|
|
level. Ability to identify
|
and organisational issues.
|
|
organisational change,
|
negotiate for funding
|
|
|
|
and mediate potential
|
Ability to foster quality
|
|
evaluate the outcome
|
allocation.
|
|
|
|
and actual conflict
|
research activities.
|
|
and adjust direction.
|
|
|
|
|
between groups.
|
|
|
|
|
|
Grade 5
|
Ability to develop an
|
Ability to manage media
|
Ability to identify,
|
Ability to coordinate
|
Ability to contribute to
|
|
|
|
environment which
|
relations related to local
|
evaluate and incorporate
|
performance
|
a strategic plan for the
|
|
|
|
promotes continuous
|
issues within a policy
|
where appropriate
|
management activities
|
nursing service.
|
|
|
|
improvement in practice.
|
framework. Ability to
|
emerging trends within
|
within a range of
|
|
|
|
|
|
represent the organisation
|
the profession of
|
services.
|
|
|
|
|
|
at a local level.
|
nursing.
|
|
|
|
|
Grade 6
|
Ability to develop a
|
|
|
Ability to monitor and
|
Ability to develop
|
Ability to assess nursing
|
|
|
culture within the
|
|
|
evaluate performance
|
a strategic plan for the
|
and/or health service
|
|
|
organisation which is
|
|
|
management across the
|
nursing service and
|
resource utilisation and
|
|
|
open to critical reflection
|
|
|
organisation and identify
|
contribute to the
|
make recommendation
|
|
|
and change.
|
|
|
opportunities to realise
|
development of a
|
|
|
|
|
|
|
enhanced performance.
|
strategic plan for the
|
|
|
|
|
|
|
|
organisation.
|
|
|
Grade 7
|
|
Ability to represent the
|
Ability to identify,
|
Ability to enhance
|
|
|
|
|
|
nursing service in a range
|
evaluate and incorporate
|
organisational
|
|
|
|
|
|
of including State and
|
where appropriate
|
performance through
|
|
|
|
|
|
National.
|
emerging trends within
|
collaboration with
|
|
|
|
|
|
|
health care.
|
other health facilities.
|
|
|
|
Grade 8
|
Ability to vision and
|
Ability to represent the
|
Ability to identify,
|
|
Ability to generate and
|
|
|
|
articulate the potential
|
organisation at a State
|
evaluate and incorporate
|
|
develop a strategic plan
|
|
|
|
for the organisation
|
and National level.
|
where appropriate
|
|
for the organisation.
|
|
|
|
|
|
emerging trends within
|
|
|
|
|
|
|
|
the broader service and
|
|
|
|
|
|
|
|
business industry which
|
|
|
|
|
|
.
|
|
have the potential to
|
|
|
|
|
|
|
|
enhance nursing and/or
|
|
|
|
|
|
|
|
health
|
|
|
|
|
Grade 9
|
Ability to contribute to
|
Ability to negotiate on
|
|
Ability to enhance
|
Ability to analyse the
|
Ability to identify
|
|
|
and influence emerging
|
behalf of the
|
|
organisational
|
strategic plan of the
|
additional funding
|
|
|
trends within nursing
|
organisation.
|
|
performance through
|
organisation for
|
sources and negotiate
|
|
|
and health.
|
|
|
collaboration with other
|
continuing relevance
|
funding as required.
|
|
|
|
|
|
organisations both
|
and adjust direction.
|
|
|
|
|
|
|
within and outside the
|
Ability to contribute to
|
|
|
|
|
|
|
area of health.
|
a strategic plan for
|
|
|
|
|
|
|
|
health care in a range of
|
|
|
|
|
|
|
|
forums including at a
|
|
|
|
|
|
|
|
State and National level.
|
|
Represents core knowledge
and skills. Each grade represents a higher level of function than those
beneath. An assumption is made that those at Grade 8 (for example) will already
have the knowledge and skills outlined in Grades 1-7.
SCHEDULE 2
1. The
following qualifications will attract the allowance set out in subclause (ii)
of clause 13, Continuing Education Allowance.
In addition to the qualifications listed below, a qualification deemed
to be equivalent by agreement between the Ministry and the Association will
attract the allowance set out in subclause (ii) of clause 13, Continuing
Education Allowance.
|
Clinical Speciality
|
Course
|
Institution
|
|
Cardiology/Coronary Care
|
Cardio-Thoracic Diseases Nursing Certificate
|
Randwick Chest Hospital
|
|
Royal North Shore Hospital
|
|
Royal Prince Alfred Hospital
|
|
St Vincent’s Hospital, Darlinghurst
|
|
Cardiology Nursing Certificate
|
Parramatta Hospitals, Westmead
|
|
Cardio-Vascular and Respiratory Course
|
Royal Newcastle Hospital
|
|
Cardiology Nursing Certificate
|
Parramatta Hospitals, Westmead
|
|
Cardio-Vascular and Respiratory Course
|
Royal Newcastle Hospital
|
|
Cardiac Nursing Course
|
Royal North Shore Hospital
|
|
Royal Prince Alfred Hospital
|
|
St Vincent’s Hospital, Darlinghurst
|
|
Royal Melbourne Hospital
|
|
National Heart and Chest Hospital, London
|
|
Coronary Care Unit Certificate
|
Prince Henry’s Hospital Melbourne
|
|
Cardio-Thoracic Vascular Nursing Course
|
Green Lane Hospital, New Zealand
|
|
Cardiothoracic Nursing Course
|
Freeman Hospital, Newcastle-Upon-Tyne, U.K.
|
|
Groby Road Hospital, Leicester, U.K.
|
Community Health
|
Public Health Nursing Diploma
|
College of Nursing, Australia
|
|
Health Visitors Certificate
|
The Royal Sanitary Institute, U.K.
|
|
Critical Care
|
Critical Care Nursing Certificate
|
Prince Henry, Prince of Wales Hospitals
|
|
Emergency Nursing Course
|
Liverpool Hospital
|
|
Critical Care Nursing Course
|
Geelong Hospital
|
|
Waikato Hospital, New Zealand
|
|
Developmental Disability
|
Mental Retardation Certificate
|
NSW Nurses Registration Board
|
|
Developmental Disability Certificate
|
|
|
Any Developmental disability certificate accepted for
registration as a developmental disability nurse prior to 1985 by the NSW
Nurses Registration Board in addition to the qualification entitling
registration by the Nurses and Midwives Board.
|
|
Geriatrics
|
Geriatric Certificate
|
NSW Nurses Registration Board
|
|
Intensive Care
|
Intensive Care Nursing Certificate
|
Royal Newcastle Hospital
|
|
Liverpool District Hospital
|
|
Royal Prince Alfred Hospital
|
|
St George Hospital
|
|
St Vincent’s Hospital, Darlinghurst
|
|
Northern Met Region, Health Dept.
|
|
Southern Met Region, Health Dept
|
|
Sydney Hospital
|
|
RGH, Concord
|
|
Central Coast Area Health Service
|
|
Royal Hobart Hospital
|
|
Royal Perth Hospital
|
|
St Vincent’s, Melbourne
|
|
Canberra Hospital
|
|
Intensive Care Nursing and Ward Management Diploma
|
College of Nursing, Australia
|
|
The Parramatta Hospitals, Westmead
|
|
NSW College of Nursing
|
|
Intensive Care Unit Certificate
|
Prince Henry’s Hospital, Melbourne
|
|
Mental Health
|
Psychiatric Certificate
|
NSW Nurses Registration Board
|
|
Any mental health certificate accepted for registration as a
mental health nurse prior to 1985 by the NSW Nurses Registration Board
additional to the qualification entitling registration by the Nurses and
Midwives Board.
|
|
Psychiatric Nursing Certificate
|
Metropolitan and Eastern School of Psychiatric Nursing,
Victoria
|
|
|
Western Area College of Nursing, Ireland
|
|
Advanced Diploma in Nursing (Mental Health)
|
Christchurch Polytechnic, New Zealand
|
|
Mentally Ill Qualification
|
Prestwick Hospital, Manchester, U.K.
|
|
Southern Area Group School of Nursing, U.K.
|
|
|
Mental Illness Nursing certificate
|
Bromley Health Authority, U.K.
|
|
Midwifery
|
Midwifery Certificate
|
NSW Nurses and Midwives Board
|
|
Any midwifery certificate accepted for registration as a
midwife by the Nurses and Midwives Board additional to the qualification
entitling registration as a registered nurse.
|
|
Neurology
|
Neurology and Neurosurgical Nursing Certificate
|
Royal Prince Alfred Hospital
|
|
Melbourne Hospital
|
|
Neuromedical/Neurosurgical Nursing Course
|
Royal North Shore Hospital
|
|
Prince Henry/Prince of Wales Hospitals
|
|
Westmead Hospital
|
|
Neuro-Surgical Nursing Certificate
|
Royal Perth Hospital
|
|
Certificate in Neuro-Surgical and Neurological Nursing
|
Alkinson-Morley Hospital, London
|
|
Occupational Health
|
Public Health Nursing (Occupational Health) Diploma
|
College of Nursing, Australia
|
|
Oncology
|
Oncology Certificate
|
Peter MacCallum Clinic, Melbourne
|
|
Operating Theatres
|
Operating Suite Nurse Course
|
Westmead Hospital
|
|
Operating Theatre Nursing Certificate
|
Prince Henry, Prince of Wales Hospitals
|
|
Royal North Shore Hospital
|
|
Royal Prince Alfred Hospital
|
|
St Vincent’s Hospital Darlinghurst
|
|
Hunter Region, Health Dept
|
|
Royal Hobart Hospital
|
|
Kent and Canterbury Hospitals, U.K.
|
|
Operating Theatre Nursing and Management Diploma
|
College of Nursing Australia
|
|
NSW College of Nursing
|
|
Post basic Course in Operating Room Nursing
|
RGH, Concord
|
|
Graduate Certificate in Perioperative Nursing
|
Liverpool
Hospital
|
|
Graduate Certificate in Anaesthetic and Recovery Nursing
|
Liverpool
Hospital
|
|
Operating Room Nursing Certificate
|
Royal Adelaide
Hospital
|
|
Operating Room Post Basic Course
|
Western General
Hospital,
|
|
Operating Room Technique and Management
|
Melbourne
Repatriation and General Hospital, Heidelberg, Victoria
|
|
Operating Theatre Techniques and Management Certificate
|
St Vincent’s
Hospital, Melbourne
|
|
Operating Theatre Techniques Certificate
|
Royal Melbourne
Hospital
|
|
South African
Nursing Council
|
|
Middlesex
Hospital, U.K.
|
|
Operating Theatre Nursing Course
|
Epsom District
Hospital, London
|
|
Nottingham School
of Nursing, U.K.
|
|
Operating Department Nursing Certificate
|
East Berkshire
School of Nursing, U.K. Wexham Park Hospital, Slough, Berkshire, U.K.
Lewisham School of Nursing, London Queen Elizabeth School of Nursing,
Birmingham, U.K.
|
|
Operating Department Nursing Course
|
English National
Board for Continuing Education and Training, Hillington Health Authority,
U.K.
|
|
Ophthalmology
|
Ophthalmic Nursing Certificate
|
Sydney Hospital
|
|
Orthopaedics
|
Certificate in Orthopaedic Nursing
|
Moorefields
Hospital, London Royal National Orthopaedic Hospital, London and Stanmore,
Middlesex Heathwood Hospital, Ascot, U.K.
|
|
Orthopaedic Nursing Certificate
|
Gartnavel General
Hospital, Glasgow, U.K. Nuffield Orthopaedic Centre, Oxford, U.K.
|
|
Princess
Elizabeth Orthopaedic Hospital, U.K.
|
|
Basingstoke North
Hampshire Health Authority, U.K.
|
|
Orthopaedic Nursing Course
|
Robert Jones and
Agnes Hunt Orthopaedic Hospital, U.K.
|
|
Paediatrics
|
Infants Certificate
|
NSW Nurses
Registration Board
|
|
Mothercraft Certificate
|
|
|
Renal
|
Renal Diseases and Transplantation Certificate
|
Prince Henry,
Prince of Wales Hospitals Royal Newcastle Hospital
|
|
Royal Prince
Alfred Hospital
|
|
Sydney Hospital
|
|
Nephrology, Dialysis and Transplant Nursing Certificate
|
Royal North Shore
Hospital
|
|
Graduate Certificate in Renal Nursing
|
Liverpool
Hospital
|
|
Renal Nursing Certificate
|
Guys Hospital,
London
|
|
St Mary’s
Hospital, London
|
|
Renal Nursing Course
|
The London
Hospital
|
|
Thoracic
|
Thoracic Nursing Certificate
|
The British
Thoracic Association
|
SCHEDULE 3
1. The
following qualifications will attract the allowance set out in subclause (vii)
of clause 13, Continuing Education Allowance. In addition to the qualifications
listed below, a qualification deemed to be equivalent by agreement between the
Ministry and the Association will attract the allowance set out in subclause
(vii) of clause 13, Continuing Education Allowance.
|
Clinical Speciality
|
Course
|
Institution
|
|
Paediatrics
|
Mothercraft
Certificate
|
NSW Nurses and
Midwives Board.
(In addition to
the qualification entitling enrolment by the Nurses and Midwives Board.)
|
N. CONSTANT, Chief Commissioner
____________________
Printed by the authority of the
Industrial Registrar.