Operational Ambulance Managers (State) Award 2023

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by NSW Ministry of Health.

 

(Case No. 214506 of 2023)

 

 

AWARD

 

1.  Title

 

This Award shall be known as the Operational Ambulance Managers (State) Award 2023 ("the Award").

 

2.  Arrangement

 

Clause No.        Subject Matter

 

1.        Title

2.        Arrangement

 

SECTION 1. GENERAL

 

3.        Object

4.        Definitions

5.        Classification Descriptions

6.        Work Arrangements

 

SECTION 2. EMPLOYMENT CONDITIONS

 

7.        Employees Duties

8.        Vacancies & Promotion

9.        Appointment of Officers

10.      Roster Leave

11.      Reasonable Hours

12.      Public Holidays

13.      Termination of Employment

 

SECTION 3. SALARIES AND MONETARY ENTITLEMENTS

 

14.      Salaries 

15.      Payment and Particulars of Salaries

16.      Climatic & Isolation Allowance

17.      Travel Allowances 

18.      Relieving Other Members of Staff

19.      Salary Sacrifice to Superannuation

20.      Salary Packaging

 

 

SECTION 4. LEAVE ENTITLEMENTS

 

21.      Annual Leave

22.      Annual Leave Loading

23.      Family & Community Leave & Personal Carers Leave

23A.    Family Violence Leave

24.      Maternity, Adoption & Parental Leave

24A.    Lactation Breaks

25.      Study Leave

26.      Trade Union Leave

27       Long Service Leave

28.      Sick Leave

 

SECTION 5. MISCELLANEOUS

 

29.      Uniforms

30.      Union Subscriptions

31.      Accommodation

 

SECTION 6. AWARD PARAMETERS

 

32.      Issues Resolution

33.      Anti-Discrimination

34.      Benefits Not to Be Withdrawn

35.      No Extra Claims

36.      Area Incidence & Duration

 

SECTION 7. MONETARY RATES

 

Table 1 - Salaries

Table 2 - Allowances

 

SECTION 1. GENERAL

 

3.  Object

 

The parties seek to achieve excellence in the provision of ambulance services for New South Wales through an efficient and effective pre-hospital emergency care and health related transport system.

 

4.  Definitions

 

"The Ministry " means the New South Wales Ministry of Health.

 

"Employee" means an Officer/Superintendent/Operational Manager of the Service who is employed in the Service in a classification contained in this Award.

 

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

 

"Officer/Superintendent/Operational Manager" means an employee of the Service who is employed pursuant to this Award.

 

"Service" means continuous service with one or more District Committees prior to 13 April 1973, and continuous service as a servant of the New South Wales Ambulance Board on and from 13 April 1973, and continuous service as a servant of the Commission on and from 1 January 1977 and continuous service as a servant of the Corporation on and from 17 August 1982 and continuous service with the NSW Department of Health on and from 17 March 2006, and continuous service with the Ministry of Health on and from 5 October 2011.

 

"The Service" means the Ambulance Service of New South Wales.

 

"Union" means the Health Services Union NSW.

 

The "Working Week" for the purpose of this Award shall commence on Saturday and finish on Friday. 

 

5.  Classification Descriptions

 

"Ambulance Manager Level 1" means an employee who has the following responsibilities, skills and attributes:

 

Accountability for ensuring funds are expended according to approved budgets and for ensuring targets are met

 

Responsibility to provide regular feedback and appraisal regarding the performance of staff

 

Responsibility for maintaining effective relationships with a range of stakeholders within the Service to ensure the Service’s priorities are met

 

Assist with the development and implementation of policies, procedures, standards and practices for the Service

 

Responsibility and accountability for providing a professional level of services to the Service or oversee the management of aspects of services and the staff

 

Understanding and commitment to the Service’s priorities

 

Capacity to direct all operational facets based on strategic and business plans

 

Ability to ensure budget targets are met

 

Capacity to undertake performance appraisal of staff and ability to develop performance measures

 

Effective communication and interpersonal skills

 

Assist with the development and implementation of policies, procedures, standards and practices

 

Able to meet pre-determined targets and deadlines

 

Ability to be flexible and adapt work practices to suit circumstances

 

"Ambulance Manager Level 2" means an employee who is required to demonstrate the following responsibilities, skills and attributes to a level greater than that required for a Level 1 Ambulance Manager:

 

Accountability for allocation and/or expenditure of resources and ensuring targets are met

 

Responsibility for ensuring optimal budget outcomes for their customers and communities

 

Responsibility for providing regular feedback and appraisals for senior staff to improve health outcomes for customers and for maintaining a performance management system

 

Responsibility for providing support for the efficient, cost effective and timely delivery of services

High level of leadership, communication and interpersonal skills

 

Capacity to exercise creative and entrepreneurial solutions to improve productivity and effectiveness for customers

 

Proven negotiation and delegation skills

 

Ability to motivate and co-ordinate staff

 

Ability to provide input, interpret, monitor and evaluate policies, procedures and standards for customers

 

Capacity to design strategic and business objectives

 

Ability to develop performance measures

"Ambulance Manager Level 3" means an employee who is required to demonstrate the following responsibilities, skills and attributes to a level greater than that required for a Level 2 Ambulance Manager:

 

Responsibility for reviewing senior staff performances through regular appraisal to improve health outcomes for patients and for maintaining a performance management system

 

Responsibility to maintain effective relationships and communication to ensure that corporate goals and priorities of the Health System are met

 

Responsibility for providing timely delivery of services and accountable to the appropriate Executive

 

Responsibility for contributing to the development and implementation of business plans

 

Requirement to make judgements and may in some cases, be delegated responsibility to approve changes in standard practice and procedures

 

Excellent leadership, communication and interpersonal skills

 

Highly developed and effective management skills

 

Ability to develop, monitor and reach predicted outcomes to strategic and business plans

 

Highly developed and effective negotiation and delegation skills

 

Proven capacity to manage multi-disciplinary groups

 

Ability to make judgements and have sole delegated responsibility to approve changes in standards, practices, policies and procedures

 

"Ambulance Manager Level 4" means an employee who is required to demonstrate the following responsibilities, skills and attributes to a level greater than that required for a Level 3 Ambulance Manager:

 

Responsibility for ensuring optimal health outcomes within budget for their customers and communities

 

Accountability for allocating resources and ensuring budgets are effectively met

 

Responsibility for developing appropriate strategies to manage budget changes in a timely manner

 

Requirement to make complex judgements and make appropriate changes in standard practices, policies and procedures

 

Staff at this level are expected to develop/implement strategic business plans and ensure budgets are allocated and targets met

 

System-wide view of health care provision and management to improve health outcomes for customers

 

Excellent strategic planning and policy development skills

 

Proven management expertise at a senior level

 

Competent to make complex judgements and take initiatives through delegated responsibilities

 

"Ambulance Manager Level 5" means an employee who is required to demonstrate the following responsibilities, skills and attributes to a level greater than that required for a Level 4 Ambulance Manager.

 

(a)       Authority & Accountability

 

Freedom to operate within delegated authority, performance agreement, and Service or Health policy

 

Recommend service priorities

 

Exercise judgement within delegations

 

Formulate policy and deliver programs in line with performance agreement

 

Involvement in the development of long-term strategies

 

Report directly to a member of the Service’s executive

 

Budget management and responsibility for significant budget amount, or

 

Management of complex area service or unit, requiring specialist advice and input

 

Adherence to the Accounts and Audit and Determination for Area Health Services and all Statutory Requirements

 

(b)       Judgement & Problem-Solving

 

Exercise judgement and problem solving in service policy areas

 

Frequent resolution of unusual and complex problems

 

Develop business strategies and business plans

 

Develop ideas, optional action plans, courses of action

 

Anticipate and resolve problems in a challenging and dynamic environment

 

Seek advice when there is no existing policy or precedent

 

Use of evidence-based decision-making to back up decisions

 

Sound ability to solve problems using innovative, creative solutions

 

High level of technical expertise

 

Provision of high level of expert advice and sound judgement

 

Independent decision-making; exercising independent judgement

 

Has a sound understanding of political and cross-Area Health Service issues and how they impact on the organisation

 

Actively develop strategic partnerships

 

(c)       Leadership & Management Skills

 

Provide leadership, management and direction

 

Actively contributes to shaping the organisation’s strategic plan

 

Ensures that the strategic plan is outcome-focussed, takes into account the short and long-term priorities, and is achievable

 

Actively monitors progress towards the achievement of the strategic vision

 

Achieve set objectives

 

Resolve conflict

 

Address and prioritise competing demands

 

Lead and manage organisation change on an area-wide basis

 

Build appropriate organisation values and culture

 

Anticipate problems and develop contingency strategies to meet complex situations

 

Applies intellectual rigour to all aspects of their work

 

(d)       Personal & Interpersonal Skills

 

Provide specialist advice

 

Lead, persuade, motivate and negotiate at senior levels

 

Ability to deal with people at all levels

 

Communicate and liaise effectively at all levels within the organisation

 

Spokesperson for area of responsibility (media, public)

 

Effective community liaison and communication

 

Effectively self-manages

 

Innovative & lateral thinker

 

Flexible & responsive

 

Supports a reflective learning/quality culture that enables both individuals and the organisation to develop

 

Articulates and promotes the organisation’s vision and goals

 

Promotes an environment in which traditional ways of thinking are challenged and debate is encouraged 

 

Provides effective role-modelling

 

Celebrates achievements and encourages innovation

 

(e)       Outcomes & Performance

 

Formal personal agreement with CEO or the relevant General Manager.

 

Significant impact on service achievements and targets

 

Formal performance agreements with direct reports

 

Achievement of best practice

 

Monitoring and compliance with all professional standards

 

Responsible for Service-wide service delivery

 

6.  Work Arrangements

 

(a)       Work will be performed by the most efficient means. 

 

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

 

(c)       Any proposal that will significantly affect employees covered by the Union will be the subject of genuine consultation between the parties.

 

(d)       Any dispute arising from the operation of this clause will be dealt with in accordance with clause 32, Issues Resolution, of this Award.

 

SECTION 2. EMPLOYMENT CONDITIONS

 

7.  Employees’ Duties

 

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

 

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

 

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

 

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

 

8.  Vacancies & Promotion

 

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

 

(b)       Appointments shall be made on the basis of merit.

 

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

 

9.  Appointment of Officers

 

(a)       An employee employed under this Award shall be engaged as a full-time employee, a permanent part-time employee or a temporary employee.

 

(b)       Every employee will be provided with a Position Description commensurate with his or her position which he or she will be required to sign. The position description will outline the duties to be performed in addition to the key competencies and accountabilities required for the position.

 

(c)       All employees will be required to enter into a Performance Agreement.

 

(d)       Every employee who is appointed to a Superintendent/Operational Manager position advertised/created after the date of the making of this Award will be required to continue to meet the minimum requirements for that position. 

 

(e)       Permanent Part-Time Employee

 

(i)       A permanent part-time employee is one who is permanently appointed by the Service to work a specified number of days each week which are less than those prescribed for a full-time employee, except in emergent or urgent circumstances.

 

(ii)      Permanent part-time employees shall be paid an hourly rate calculated on the basis of 1/38th of the weekly rate (annual rate/52.17857) prescribed in Table 1, Salaries, of Section 7 of this Award.

 

(iii)     Permanent part-time employees shall not be entitled to additional rostered leave days off duty as prescribed in subclause (a) of clause 10, Roster Leave, of this Award.

 

(iv)     Permanent part-time employees shall be entitled to all other benefits not otherwise expressly provided for herein in the same proportion as the average days per week bear to fulltime employment.

 

(v)      Permanent part-time employees shall be entitled to payment of the allowances prescribed by clause 16, Climatic and Isolation Allowance, of this Award in the same proportion as the average hours worked per week bear to full-time hours.

 

(vi)     The parties recognise that permanent part-time employment will provide flexible working arrangements for employees to cater for personal requirements such as family responsibilities.

 

 

 

 

(f)       Temporary Employee

 

(i)       A temporary employee is engaged for a continuous fixed period of time to carry out a specific task. Such task may include the provision of relief for permanent employees, conduct of specific projects or the provision of services which are not recurrent in nature.

 

(ii)      A temporary employee may be fulltime or part-time.

 

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

 

(iv)     Temporary employees will be required to undertake and successfully complete all the requirements applicable to permanent fulltime employees.

 

10.  Roster Leave

 

(a)       Each employee shall be granted nine (9) days of absence in each period of 28 days with the ninth day of absence being designated the Additional Rostered Leave day off duty.

 

(b)       Such time off duty may be granted weekly or allowed to accumulate for 28 days, provided that when it is not convenient for the Service to grant the full amount of leave due under this clause in each period of 28 consecutive days, the employee shall not be called upon to forfeit such leave.

 

(c)       Leave under this clause shall not be allowed to accumulate to more than twelve (12) days.

 

(e)       Subject to clause 13, Termination of Employment, subclause (c), of this Award, payment in lieu of roster leave shall not be made.

 

11.  Reasonable Hours

 

(a)       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.

 

(b)       For the purposes of subclause (b) what is reasonable or otherwise will be subject to subclause (b) an employer may require an employee to work reasonable overtime at overtime rates.

 

(c)       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.

 

 

 

 

 

12.  Public Holidays

 

(a)       For the purpose of this clause, the following shall be public holidays, viz: New Year’s Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Queen’s Birthday, Local Labour Day, Christmas Day and Boxing Day.

 

(b)

 

(i)       An employee to whom paragraph (a)(i) of clause 21, Annual Leave, of this Award, applies, and who is required to and does work on a public holiday or a special public holiday proclaimed for the State of New South Wales shall be paid for the time actually worked at the rate of double time and one half.

 

(ii)      An employee to whom paragraph (a)(ii) of clause 21, Annual Leave, of this Award, applies, and who is required to and does work on a public holiday or a special public holiday proclaimed for the State of New South Wales shall be paid for the time actually worked at the rate of time and one half.

 

(iii)     For the purpose of paragraph (b)(i) and (b)(ii) of this clause, the hourly rate of pay shall be one-thirty eighth of the appropriate ordinary weekly rate of pay prescribed in Table 1, Classification Structure of this Award.

 

(c)       Special Public Holidays proclaimed for the State of New South Wales are to be granted or payment made as prescribed in subclause (b)(i) and (b)(ii) of this clause, if not granted. Where an employee works on a seven day per week basis as set out in paragraph (a)(ii) of clause 21, Annual Leave, of this Award, and the employees rostered day off or annual leave falls due on such day, the employee shall be paid, in addition to the employee’s appropriate weekly rate of pay, an extra day’s pay at ordinary rates.

 

(d)       In addition to those public holidays specified in subclause (a) of this clause, employees shall be entitled to an extra public holiday each year. Such public holiday will occur on a date determined by the Service and shall be regarded, for all purposes of this clause, as any other public holiday.

 

13.  Termination of Employment

 

(a)       Employment shall be terminated by four (4) weeks’ notice in writing by either party or by the giving or forfeiting, as the case may be, of four weeks wages in lieu of notice. Notwithstanding this the Service shall have the right to terminate an employee’s employment without notice for serious or wilful misconduct in which case wages shall be paid up to the time of dismissal only.

 

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

 

(c)       Employees with a credit of any additional rostered leave day off duty shall be paid for such accrual upon termination.

 

SECTION 3. SALARIES AND MONETARY ENTITLEMENTS

 

14.  Salaries

 

(a)       Employees who are appointed to an Operational Management position shall be allocated to one of the classification levels as set out in Table 1, Classification Structure, of this Award, and shall not be paid less than the minimum level for that position.

 

(b)       An employee who successfully applies for a position covered by this Award where the salary band encompasses his or her current salary will be appointed at no less than his or her current salary.

 

(c)       An employee who successfully applies for a position which carries a higher minimum salary level than his or her current salary will be appointed at no less than the minimum of the applicable salary band.

 

(d)       Once the appointed employee’s salary has been determined in accordance with subclause (a), (b) or (c) of this clause, the employee’s salary will move in accordance with the percentage increases applicable under this Award. 

 

(e)       Further increases over and above the percentage increases applicable under subclause (d) of this clause will occur based on the employee’s work performance that will be measured against their Performance Agreement.

 

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

 

(1)      Underpayment

 

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

 

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

 

(2)      Overpayment 

 

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

 

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 shall 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 (2) (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 subparagraph (2)(iii) above, the employer shall have the right to deduct any balance of such overpayment from monies owing to the employee on the employee’s date of termination, resignation or retirement, as the case may be.

 

(g)       Any dispute arising from the operation of this clause shall be dealt with in accordance with clause 32, Issues Resolution, of this Award.

 

15.  Payment and Particulars of Salaries

 

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

 

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

 

(c)       Employees shall have their salary paid into one account with a bank or other financial institution in New South Wales as nominated by the employee except where agreement as to another method of payment has been reached between the Service and the Union due to isolation.

 

(d)       Salaries shall be deposited by the Service in sufficient time to ensure that wages are available for withdrawal by employees no later than pay day. 

 

This requirement shall not apply where employees nominate accounts with non-bank financial institutions which lack the technological or other facilities to process salary deposits within 24 hours of the Service making their deposits. In such cases the Service shall take all reasonable steps to ensure that wages are available for withdrawal by no later than pay-day.

 

16.  Climatic and Isolation Allowance

 

(a)       Subject to subclause (b) of this clause, employees attached to Ambulance Stations situated upon or to the West of a line drawn as herein specified, shall be paid the allowance specified in Table 2, Allowances of Section 7 of this Award, in addition to the salary to which they are otherwise entitled. The line shall be drawn as follows, viz:

 

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

 

(b)       Employees attached to Ambulance Stations situated upon or to the West of a line drawn as herein specified shall be paid the allowance specified in Table 2, Allowances of Section 7 of this Award, in addition to the salary to which they are otherwise entitled. The line shall be drawn as follows, viz:

 

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

 

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

 

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

 

17.  Travel Allowances

 

Employees shall be granted travelling allowances on such terms and conditions prescribed by the NSW Policy Directive PD2016_010, Official Travel, as amended or replaced from time to time.

 

18.  Relieving Other Members of Staff

 

(a)       An employee who is required by the Service to relieve another employee paid on a higher scale for a period of not less than one working week shall be entitled to receive the minimum rate of the higher scale of pay.

(b)       This provision shall not apply when an employee on a higher scale is absent from duty by reason of his or her additional roster leave day off duty. 

 

(c)       No reduction shall be made in the scale of pay of an employee called upon to relieve another employee paid on a lower scale.

 

19.  Salary Sacrifice to Superannuation

 

(a)       Notwithstanding the salaries prescribed in clause 14 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 20 Salary Packaging, of this Award may be made up to 100% of the salary payable under the salaries clause, or up to 100% of the currently applicable superannuable salary, whichever is the lesser. 

 

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

 

(b)       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 debtor/garnishee orders, union fees and private health fund membership fees.

 

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

 

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

 

(ii)      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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

(ii)      the Superannuation Act 1916;

(iii)     the State Authorities Superannuation Act 1987;

 

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

 

(v)      the First State Superannuation Act 1992.

 

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

 

(g)       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 (f) above, the employer will continue to base contributions to that fund on the salary payable under clause 14, 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. 

 

20.  Salary Packaging

 

(a)       By agreement with their employer, employees may elect to package part or all of their salary in accordance with this clause, to obtain a range of benefits as set out in the NSW Health Services 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% of salary.

 

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

 

(b)       Where an employee elects to package an amount of salary:

 

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

 

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

 

(iii)     ‘Salary’ for the purpose of this clause, for superannuation purposes, and for the calculation of Award entitlements, shall mean the Award salary as specified in clause 14 Salaries, and which shall include ‘approved employment benefits’ which refer to fringe benefit savings, administration costs, and the value of packaged benefits. 

 

(c)       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. 

 

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

 

(e)       the Parties Agree that the Application of the Fringe Benefits Tax Exemption Status Conferred on Public Hospitals and Area Health Services is Subject to Prevailing Australian Taxation Laws. 

 

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

 

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

 

(h)       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. 

 

(i)       The employer and the employee shall comply with the procedures set out in the NSW Health Services Policy Directive PD2018_044, Salary Packaging as amended from time to time.

 

SECTION 4. LEAVE ENTITLEMENTS

 

21.  Annual Leave

 

(a)       Annual Leave shall be granted on completion of each 12 months service as follows:

 

(i)       An employee employed on a Monday to Friday basis - four weeks leave on full pay.

 

(ii)      An employee employed on duties which require him or her to work irregular hours on a seven day per week basis, including work on Saturdays, Sundays and public holidays - five weeks leave with seven weeks’ pay.

 

(b)       In the event that an employee’s employment has changed from a seven day per week basis to a Monday to Friday basis or vice versa, then annual leave shall be calculated on a pro rata basis.

 

(c)       It is admitted by the parties that the additional two weeks’ pay payable to an employee employed on duties in accordance with paragraph (a)(ii) of this clause has been provided in lieu of and in consideration of public holidays being worked by employees or which have occurred on an employee’s rostered day off.

 

(d)       To the leave prescribed paragraph (a)(i) of this clause, there shall be added one working day for each public holiday or special public holiday proclaimed for the State of New South Wales which occurs during a period of annual leave.

 

(e)

 

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

 

(ii)      Annual leave shall be granted on a rotating roster basis provided that such rotation complies with paragraph (e)(i) of this clause.

 

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

 

(iii)     Nothing in this subclause shall prevent the Service, by agreement with the employee, from allowing annual leave to an employee before a right to it has accrued but where leave is taken in such a case, a further period of annual leave shall not commence to accrue until the expiration of the twelve months in respect of which annual leave was taken before it accrued. Provided that any leave taken by an employee under this paragraph shall not exceed the amount of proportionate annual leave standing to the credit of the employee at the time of entering upon such leave.

 

(iv)     At least six months’ notice shall be given to employees of the date on which they shall take their annual leave. Where an employee has been notified that he or she is to take annual leave at a specified time and that time is then altered by the Service the employee shall be reimbursed any actual losses which result to him or her to the extent to which deposits paid for travel and/or accommodation are not refunded.

 

(v)      Employees may exchange annual leave by mutual arrangement with the approval of the Service provided that such exchange complies with paragraph (e)(i) of this clause.

 

(f)       Each employee before going on annual leave shall be paid for the period of the leave at the ordinary rate of wage to which he or she is entitled under this Award and such payment shall be made before the employee commences annual leave.

 

(g)       Notwithstanding the provisions of subclause (f) of this clause, the Service agrees, subject to at least 28 days prior written authorisation by the employee, to pay employees Annual Leave entitlements on a fortnightly basis which coincides with the normal fortnightly pay period.

 

(h)       Where the employment of an employee is terminated the employee shall be entitled to receive a proportionate payment in respect of service of less than one year, at the weekly wage to which such employee is entitled under this Award.

 

(i)       Credit of time towards an additional rostered leave day off duty shall not accrue when an employee is absent during his or her four weeks annual leave as provided for under the Annual Holidays Act 1944. However, officers entitled to additional rostered leave days off duty in accordance with clause 10, Roster Leave, of this Award, shall accrue credit towards an additional rostered leave day off to employees in excess of the above mentioned four weeks.

 

22.  Annual Leave Loading

 

(a)       Employees who, under the Annual Holidays Act 1944, become entitled to annual leave under clause 21, Annual Leave, of this Award, shall be paid in respect of such leave an annual leave loading of 17.5% of the appropriate ordinary weekly rate of pay prescribed in Table 1, Classification Structure, of this Award for the classification in which the employee was employed immediately before commencing his/her annual leave. The 17.5% annual leave loading will apply to the following periods of annual leave, i.e. in the case of an employee employed on a Monday to Friday basis - four weeks, and for seven days per week basis employees - five weeks, provided further that in no instance is the calculated amount to exceed one thousand four hundred and twenty-one dollars and zero cents ($1421.00) with effect from the first pay period to commence on or after 1 July 2007. 

 

(b)       Such loading is payable in addition to the pay for the period of leave given and taken and due to the employee under this Award.

 

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

 

(d)       Where the employment of an employee is terminated by the Service for a cause other than misconduct and at the time of termination the employee has not been given and has not taken the whole of the annual leave to which he or she became entitled after 10 May 1974, he or she shall be paid the loading provided for in subclause (a) of this clause for the period not taken.

(e)       Except as provided by subclause (d) of this clause, no loading is payable on the termination of an employee’s employment.

 

(f)       The annual leave loading shall be paid before the employee commences annual leave. 

 

(g)       Notwithstanding the provisions of subclause (f) of this clause, the Service agrees, subject to at least 28 days prior written authorisation by the employee, to pay employees Annual Leave loading on a fortnightly basis which coincides with the normal fortnightly pay period.

 

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

 

Employees shall be granted family and community services leave and personal/carer’s leave in accordance with the provisions of Section 4 of the NSW Health Policy Directive PD2023_006 Leave Matters for the NSW Health Service, as amended or replaced from time to time. 

 

23a.  Family Violence Leave

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

24.  Maternity, Adoption and Parental Leave

 

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

 

A.        Maternity Leave

 

(a)       Eligibility for Paid Maternity Leave

 

(i)       Full-time employees

 

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

 

(ii)      Permanent part-time employees

 

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

 

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

 

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

 

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

 

(b)       Entitlements to Paid Maternity Leave

 

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

 

 

 

(ii)      Paid maternity leave may be paid:

 

on a normal fortnightly basis; or

 

in advance in a lump sum; or

 

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

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

 

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

 

(c)       Entitlements to Unpaid Maternity Leave

 

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

 

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

 

(d)       Applications for Maternity Leave

 

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

 

(1)       The intention to proceed on maternity leave;

 

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

 

(3)       The period of leave to be taken;

 

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

 

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

 

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

 

(e)       Applications for Further Maternity Leave

 

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

 

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

 

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

 

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

 

(f)       Variations of Maternity Leave

 

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

 

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

 

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

 

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

 

(g)       Staffing Provisions

 

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

 

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

 

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

 

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

 

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

 

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

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

 

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

 

(i)       Illness Associated with Pregnancy

 

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

 

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

 

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

 

An employee who gives birth prematurely prior to proceeding on maternity leave, shall be treated as being on maternity leave from the date she enters on leave to give birth to the child.

 

(k)       Stillbirth

 

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

 

(l)       Miscarriage

 

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

 

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

 

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

 

(ii)      Where, because of an illness or risk associated with her pregnancy, an employee cannot carry out the duties of her position, an employer is obligated, as far as practicable, to provide alternative employment in some other position that she is able to satisfactorily to perform, until maternity leave commences. A position to which an employee is transferred under these circumstances must be as close as possible in status and salary to her substantive position.

 

(n)       Right to Return to Previous Position

 

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

 

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

 

(o)       Portability of Service for Paid Maternity Leave

 

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

 

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

 

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

 

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

 

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

 

B.        Adoption Leave

 

(a)       Eligibility for Adoption Leave

 

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

 

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

 

Full-time employees

 

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

 

Permanent part-time employees

 

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

 

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

 

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

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

 

(b)       Entitlements

 

(i)       Paid Adoption Leave

 

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

 

Paid adoption leave may be paid:

 

on a normal fortnightly basis; or

 

in advance in a lump sum; or

 

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

 

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

 

(ii)      Unpaid Adoption Leave

 

Eligible employees are entitled to unpaid adoption leave as follows:

 

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

 

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

 

(c)       Applications for Adoption Leave

 

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

 

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

 

(d)       Applications for Further Adoption Leave

 

Same provisions as maternity leave.

 

(e)       Variations of Adoption Leave

 

Same provisions as maternity leave.

 

(f)       Staffing Provisions

Same provisions as maternity leave.

 

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

 

Same provisions as maternity leave.

 

(h)       Right to Return to Previous Position

 

Same provisions as maternity leave.

 

(i)       Portability of Service for Paid Adoption Leave

 

Same provisions as maternity leave.

 

C.        Parental Leave

 

(a)       Eligibility for Parental Leave

 

(i)       Fulltime employees

 

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

 

(ii)      Permanent part-time employees

 

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

 

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

 

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

 

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

 

(b)       Entitlements

 

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

 

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

 

 

 

(ii)      the entitlement of one week’s paid leave may be taken at any time within the 52-week period and shall be paid:

 

at the employees ordinary rate of pay for a period not exceeding one week on full pay, or

 

two weeks at half pay or the period of parental leave taken, whichever is the lesser period.

 

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

 

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

 

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

 

(c)       Applications for Parental Leave

 

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

 

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

 

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

 

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

 

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

 

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

 

(d)       Variations of Parental Leave

 

Same provisions as maternity leave.

 

(e)       Staffing Provisions

 

Same provisions as maternity leave.

 

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

 

Same provisions as maternity leave.

 

 

 

(g)       Right to Return to Previous Position

 

Same provisions as maternity leave.

 

(h)       Portability of Service for Paid Parental Leave

 

Same provisions as maternity leave.

 

D.        Right to Request

 

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

 

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

 

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

 

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

 

(iv)     to assist the employee in reconciling work and parental responsibilities. 

 

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

 

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

 

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

 

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

 

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

 

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

 

E.        Communication During Leave

 

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

 

 

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

 

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

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

 

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

 

24A.  Lactation Breaks

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

25.  Study Leave

 

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

 

26.  Trade Union Leave

 

Employees shall be granted Trade Union Leave on such terms and conditions prescribed by Section 14 of the NSW Health Policy Directive PD20232_006 Leave Matters for the NSW Health Service, as amended or replaced from time to time.

 

27.  Long Service Leave

 

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

 

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

 

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

 

28.  Sick Leave

 

(a)       If the Service is satisfied that an employee is unable to perform his or her duties on account of illness, not attributable to the employee’s misconduct, it shall grant to such employee leave of absence on full pay for a period or periods as follows:

 

(i)       All employees shall be entitled to sick leave for a period or periods not exceeding in the aggregate of 114 hours in any period of 12 months.

 

(ii)      In the event of an employee not taking the full period of 114 hours in any period of twelve (12) months, the untaken period of such leave shall accumulate. A maximum of 76 hours of the untaken hours in each period of twelve (12) months shall accumulate in respect of available sick leave which accumulated prior to 20 June 1980.

 

(iii)     Periods of less than thirty-eight (38) hours shall not be re-credited to employees who are sick whilst on Annual or Long Service Leave.

 

(b)

 

(i)       The Service shall not, with the sole object of avoiding obligations under this clause, terminate the services of an employee who is unable to perform his or her duties on account of illness and who is entitled to sick leave under this clause.

 

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

 

(c)       All periods of sickness shall be certified by a legally qualified Medical Practitioner, provided however, that the Service may dispense with the requirements of a medical certificate where the absence does not exceed two (2) consecutive days or where, in the Service's opinion, circumstances are such as not to warrant such requirements.

 

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

 

(e)       Any accumulation of sick leave standing to the credit of an employee at the date of commencement of this Award, shall be added to the leave which is accumulated pursuant to paragraph (a)(ii) of this clause.

 

 

SECTION 5. MISCELLANEOUS

 

29.  Uniforms

 

(a)

 

(i)       The Service shall provide each new employee with sufficient, suitable and serviceable uniforms as determined by the Service.

 

(ii)      Uniforms provided shall be replaced by the Service upon condemnation in equivalent numbers. 

 

(iii)     The Service shall provide any other special clothing which the Service requires an employee to wear.

 

(iv)     Articles of clothing issued under subclause (a)(i) and (a)(iii) of this clause remain the property of the Service and shall be returned by the employee upon request by the Service.

 

(b)       Any request for uniform replacement by the Service or an employee will not be unreasonably refused. In the event of refusal the provision of clause 32, Issues Resolution, of this Award, shall apply.

 

(c)       Employees required to wear a uniform shall be paid a laundry allowance as prescribed in Table 2, Allowances of Section 7, Monetary Rates.

 

30.  Union Subscriptions

 

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

 

31.  Accommodation

 

(a)       Officers, who as at 9 December 2010 receive accommodation quarters rent free or payment for accommodation, will have the following entitlements whilst they remain in their current position and in their current location:

 

(i)       the entitlement to accommodation quarters rent free or payment for accommodation will cease 12 months after 23 December 2010;

 

(ii)      after that time, any officer who elects to remain in an Ambulance Service residence will be required to pay half market rental for a period of 12 months and full market rental thereafter.

 

(iii)     Managers’ availability for operational responses is not altered by the agreed variation to this clause.

 

SECTION 6. AWARD PARAMETERS

 

32.  Issues Resolution

 

(a)       The parties must:

 

(i)       Use their best endeavours to cooperate in order to avoid grievances and disputes arising between the parties or between the Service and individual employee(s);

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

(f)       If these procedures are exhausted without the issue being resolved, or if any of the time limits set out in those procedures are not met, parties 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.

 

(g)       Unless agreed otherwise by the parties 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: 

 

(i)       immediately before the issue arose; or

 

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

 

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

 

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

 

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

 

(j)       All matters in dispute arising out of the application of this Award may be referred to a Disputes Committee consisting of not more than six (6) members with equal representation of the Corporation and the Union. Such Committee shall have the power to investigate all matters in dispute and report to the Corporation and the Union, respectively, with such recommendation as it may think right and in the event of no mutual decision being arrived at by the Committee, the matter in dispute may be referred to the Industrial Relations Commission of NSW.

 

33.  Anti-Discrimination

 

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

 

(b)       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.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

NOTES -

 

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

 

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

 

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

 

34.  Benefits Not to be Withdrawn

 

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

 

35.  No Extra Claims

 

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

 

36.  Area, Incidence and Duration

 

(a)       This Award takes effect from 1 July 2023 and shall remain in force for a period of one year. The rates in section 7 of this Award will apply from the first full pay period on or after (ffppoa) 1 July 2023.

 

(b)       This Award rescinds and replaces the Operational Ambulance Managers (State) Award 2022 published 23 December 2022 (393 I.G. 922) and all variations thereof.

 

(c)       This Award shall apply to persons employed in classifications contained herein employed by the Ambulance Service of New South Wales.

 

SECTION 7. MONETARY RATES

 

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

 

Table 1 - Salaries

 

Classification	01-July-2023 Minimum $	01-July-2023 Maximum $
Operational Manager
Level 1	122,110	127,926
Level 2	125,014	148,280
Level 3	145,369	165,722
Level 4	162,812	194,798
Level 5	191,886	215,150
Operations Centre Manager
Level 1	118,978	124,643
Level 2	121,807	144,472
Level 3	141,638	161,467
Level 4	158,630	189,796
Level 5	186,960	209,626

 

Table 2 - Allowances

 

Item	Clause	Allowance Description	Frequency	FFPPOA 01 July 2023 $
1	16	Climatic and Isolation Allowance - Time and Half Zone	Weekly	5.50
2	16	Climatic and Isolation Allowance - Double Zone	Weekly	10.90
3	29	Laundry	Weekly	15.70

 

* Rate moves independently to Award wages increase.

 

 

 

N. CONSTANT, Chief Commissioner

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.