Nurses' (Local Government) Residential Aged Care Consolidated (State) Award 2021

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by NSW Industrial Registrar.

 

(Case No. 235015 & 335970 of 2023)

 

 

VARIATION

 

1.        Delete clause 14, Telephone Allowance, of the award published 11 February 2022 (391 I.G. 411) and insert in lieu the following:

 

14.  Telephone Allowance

 

(i)       If an employee is required, for the purpose of their employment, to be on call on a regular basis or where an employee is required by their employer to have a telephone installed for the purpose of their employment, the employer will be responsible for the following payments:

 

(a)       Where the employee already has a telephone installed:

 

(i)       three-quarters of the cost of rental of the telephone;

 

(ii)      the cost of all official trunk line calls.

 

(b)      Where the employee does not have the telephone installed:

 

(i)       the cost of installation of the telephone;

 

(ii)      three-quarters of the cost of rental of the telephone;

 

(iii)     the cost of all official trunk line calls.

 

(ii)      Provided that this clause will not apply to persons employed in facilities conducted by members of Aged and Community Services Australia.

 

2.        Delete clause 29, Staff Amenities and insert in lieu the following:

 

29.  Staff Amenities

 

(i)       The employer will provide for the use of employees:

 

(a)       toilet facilities; provided that this provision will not apply to a facility the registered number of beds of which is less than nine;

 

(b)      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.

 

(ii)      An employer will provide for employees morning and afternoon tea, supper and early morning tea (which will include tea or coffee, together with milk and sugar).

 

(iii)     Where an employee requests, the employer will provide an employee with meals of a reasonable standard. The employer may make a charge, provided that the charge for breakfast will be the sum set out in Item 17 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, and the sum set out in Item 18 of the said Table 2 for other meals.

 

(iv)     The charges referred to in subclause (iii) of this clause are to be adjusted in accordance with the movement in wage rates following State Wage Case decisions.  The employers are entitled to set prices for meals at a level to cover labour and ingredient costs (not indirect costs).

 

3.        Delete clause 37, Termination of Employment and insert in lieu the following:

 

37.  Termination of Employment

 

(i)       Except for misconduct justifying summary dismissal, the services of an employee will be terminated only by notice or by the payment of salary in lieu thereof other than a Director of Nursing, as follows;

 

Period	Employee’s period of continuous service with the employer at the end of the day the notice is given	Period
1	Not more than 1 year	1 week
2	More than 1 year but not more than 3 years	2 weeks
3	More than 3 years but not more than 5 years	3 weeks
4	More than 5 years	4 weeks

 

In the case of a Director of Nursing payment of salary in lieu thereof notice period can be made, except that where the employment of a Director of Nursing is terminated within 13 weeks of their engagement, there will be given 14 days notice or the payment of 14 days salary in lieu thereof.

 

(ii)      No employee will, without the consent of the employer, resign without having given seven days' notice (or, in the case of a Director of Nursing, 28 days' notice) of the 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 other than the Director of Nursing forfeit more than seven days' pay and the Director of Nursing more than 28 days' pay at the rates prescribed for their classification by clause 6, Salaries.

 

(iii)     Statement of Employment

 

Upon the termination of the services of an employee, the employer will furnish 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.  In addition, an employer will provide to Assistants in Nursing a statement of in-service training and/or education which the employee has undertaken.

 

(iv)     Employees who have accrued additional days off duty pursuant to subclause (vii) of clause 2, Hours of Work and Free Time of Employees Other Than Directors of Nursing, will be paid for such accrued time as ordinary rate of pay upon termination.

 

4.        Delete clause 43, Redundancy and insert in lieu the following:

 

43.  Redundancy

 

(i)       Application

 

(a)       In respect to employers who employ 15 or more employees immediately prior to the termination of employment of the employees, in the terms of clause 37, Termination of Employment.

 

(b)      Notwithstanding anything contained elsewhere in this clause, this clause will not apply to employees with less than one year's continuous service and the general obligation on employers will be no more than to give such employees an indication of the impending redundancy at the first reasonable opportunity, and to take such steps as may be reasonable to facilitate the obtaining by the employees of suitable alternative employment.

 

(c)       Notwithstanding anything contained elsewhere in this clause, this clause will not apply where employment is terminated as a consequence of conduct that justifies instant dismissal, including malingering, inefficiency or neglect of duty, or in the case of casual employees or employees engaged for a specific period of time or for a specified task or tasks or where employment is terminated due to the ordinary and customary turnover of labour.

 

(d)      Clause 43, Redundancy, will apply to all full-time and part-time employees in classifications listed in Part B, Monetary Rates, Table 1 - Salaries.

 

(ii)      Redundancy

 

Discussions before Termination

 

(a)       Where an employer has made a definite decision that the employer no longer wishes the job the employee has been doing to be done by anyone pursuant to paragraph (a) of subclause (i) of clause 52, Introduction of Change, and that decision may lead to the termination of employment, the employer will hold discussions with the employees directly affected and with the union to which they belong.

 

(b)      The discussions will take place as soon as is practicable after the employer has made a definite decision which will invoke the provision of paragraph (a) of this subclause and will cover, inter alia, any reasons for the proposed terminations, measures to avoid or minimise the terminations and measures to mitigate any adverse effects of any termination on the employees concerned.

 

(c)       For the purposes of the discussion the employer will, as soon as practicable, provide to the employees concerned and the union to which they belong all relevant information about the proposed terminations including the reasons for the proposed terminations, the number and categories of employees likely to be affected, and the number of employees normally employed and the period over which the terminations are likely to be carried out.  Provided that any employer will not be required to disclose confidential information the disclosure of which would adversely affect the employer.

 

(iii)     Notice

 

(a)       Notice for Changes in Production, Programme, Organisation or Structure

 

This subclause sets out the notice provisions to be applied to terminations by the employer for reasons arising from production, programme, organisation or structure in accordance with paragraph (a) of subclause (i) of clause 52, Introduction of Change.

 

(i)       In order to terminate the employment of an employee the employer shall give to the employee the following notice:

 

Period of continuous service	Period of notice
Less than 1 year	1 week
1 year and less than 3 years	2 weeks
3 years and less than 5 years	3 weeks
5 years and over	4 weeks

 

(ii)      In addition to the notice above, employees over 45 years of age at the time of the giving of the notice, with not less than two years' continuous service, shall be entitled to an additional week's notice.

 

(iii)     Payment in lieu of the notice above shall be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.

 

(b)      Notice for Technological Change

 

This subclause sets out the notice provisions to be applied to terminations by the employer for reasons arising from "technology" in accordance with paragraph (a) of subclause (i) of the said clause 52.

 

(i)       In order to terminate the employment of an employee, the employer shall give to the employee three months notice of termination.

 

(ii)      Payment in lieu of the notice above shall be made if the appropriate notice period is not given.  Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.

 

(iii)     The period of notice required by this subclause to be given shall be deemed to be service with the employer for the purposes of the Long Service Leave Act 1955, the Annual Holidays Act 1944, or any Act amending or replacing either of these Acts.

 

(c)       Time Off during the Notice Period

 

(i)       During the period of notice of termination given by the employer, an employee shall be allowed up to one day's time off without loss of pay during each week of notice, to a maximum of five weeks, for the purpose of seeking other employment.

 

(ii)      If the employee has been allowed paid leave for more than one day during the notice period for the purpose of seeking other employment, the employee shall, at the request of the employer, be required to produce proof of attendance at an interview or the employee shall not receive payment for the time absent.

 

(d)      Employee Leaving during the Notice Period

 

If the employment of an employee is terminated (other than for misconduct) before the notice period expires, the employee shall be entitled to the same benefits and payments under this clause had the employee remained with the employer until the expiry of such notice.  Provided that in such circumstance the employee shall not be entitled to payment in lieu of notice.

 

(e)       Notice to Centrelink

 

Where a decision has been made to terminate the employment of employees, the employer shall notify Centrelink thereof as soon as possible giving relevant information including the number and categories of the employees likely to be affected and the period over which the terminations are intended to be carried out.

 

(f)       Centrelink Employment Separation Certificate

 

The employer shall, upon receipt of a request from an employee whose employment has been terminated, provide to the employee an "Employment Separation Certificate" in the form required by Centrelink.

 

(g)      Transfer to Lower Paid Duties

 

Where an employee is transferred to lower paid duties for reasons set out in subclause (i) of the said clause 52, the employee shall be entitled to the same period of notice of transfer as the employee would have been entitled to if the employee's employment had been terminated, and the employer may at the employer's option make payment in lieu thereof of an amount equal to the difference between the former ordinary-time rate of pay and the new ordinary-time rate for the number of weeks notice still owing.

 

(iv)     Severance Pay

 

(a)       Where the employment of an employee is to be terminated pursuant to this clause, subject to any further order of the Industrial Relations Commission of New South Wales pursuant to paragraphs (b) or (c) of subclause (iv) of clause 43, the employer will pay the following severance pay in respect of a continuous period of service.

 

(i)       If an employee is under 45 years of age, the employer will pay in accordance with the following scale:

 

Years of Service	Entitlement
Less than 1 year	Nil
1 year and less than 2 years	4 weeks
2 years and less than 3 years	7 weeks
3 years and less than 4 years	10 weeks
4 years and less than 5 years	12 weeks
5 years and less than 6 years	14 weeks
6 years and over	16 weeks

 

(ii)      Where an employee is 45 years of age or over, the entitlement will be in accordance with the following scale:

 

Years of Service	Entitlement
Less than 1 year	Nil
1 year and less than 2 years	5 weeks
2 years and less than 3 years	8.75 weeks
3 years and less than 4 years	12.5 weeks
4 years and less than 5 years	15 weeks
5 years and less than 6 years	17.5 weeks
6 years and over	20 weeks

 

(iii)     "Week's pay" means the all-purpose rate of pay for the employee concerned at the date of termination, and will include, in addition to the ordinary rate of pay, over-award payments, shift penalties and allowances specified in paragraph (iv) of this subclause paid in accordance with the award covering the wages and conditions of the employee.

 

(iv)     For the purposes of this clause, the following allowances in paragraphs (a) and (b) of subclause (i) of clause 9, Special Allowances, and subclauses (i) and (ii) of clause 11, Climatic and Isolation Allowance.

 

(v)       A "week's pay" for a particular employee will be determined according to the average week's pay received by the employee in the period immediately prior to their last date of employment equal to the number of weeks of severance pay to which the employee is entitled under paragraphs (i) and (ii) of this subclause.

 

(b)      Incapacity to Pay

 

Subject to an application by the employer and further order of the Industrial Relations Commission of New South Wales, an employer may pay a lesser amount (or no amount) of severance pay than that contained in paragraph (a) of subclause (iv) of clause 43, Redundancy.

 

The Commission will have regard to such financial and other resources of the employer concerned as the Commission thinks relevant, and the probable effect paying the amount of severance pay in the said paragraph (a) will have on the employer.

 

(c)       Alternative Employment

 

Subject to an application by the employer and further order of the Industrial Relations Commission, an employer may pay a lesser amount (or no amount) of severance pay than that contained in paragraph (a) of subclause (iv) of clause 43 Redundancy, if the employer obtains acceptable alternative employment for an employee.

 

(v)       Upon the termination of the services of an employee, the employer will furnish 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.  In addition, an employer will provide to Assistants in Nursing a statement of in-service training and/or education which the employee has undertaken.

 

(vi)     Employees who have accrued additional days off duty pursuant to subclause (vii) of clause 2, Hours of Work and Free Time of Employees Other Than Directors of Nursing, will be paid for such accrued time as ordinary rate of pay upon termination.

 

(vii)    Savings Clause

 

Nothing in this clause will be construed so as to require the reduction or alteration of more advantageous benefits or conditions which an employee may be entitled to under any existing redundancy arrangement, taken as a whole, between the union and any employer bound by this award.

 

5.        Delete subclause (i) of clause 44, Attendance at Meetings and Fire Drills and insert in lieu the following:

 

(i)       Any employee required to work outside the ordinary hours of work in satisfaction of the requirements for compulsory fire safety practices (e.g., fire drill and evacuation procedures), contained within the NSW Health Policy Directive PD2010_024 - Fire Safety in Health Care Facilities, will be entitled to be paid the "ordinary rate" for the actual time spent in attendance at such practices. Such time spent in attendance will not be viewed as overtime for the purposes of this award.

 

6.        Delete Part B, Monetary Rates and insert in lieu the following:

 

PART B

 

MONETARY RATES

 

Table 1 - Salaries

 

Classification	SWC 2022 4.6% FFPP 1/9/2022	SWC 2023 FFPP 1/9/2023
Assistant in nursing/trainee enrolled nurse
First year of experience	911.70	1,074.30
Second year of experience	939.80	1,091.10
Third year of experience	968.40	1,108.60
Thereafter	997.70	1,144.20
Enrolled nurse
First year of experience	1,112.50	1,256.14
Second year of experience	1,135.30	1,281.22
Third year of experience	1,159.60	1,307.42
Fourth year of experience	1,183.40	1,333.12
Thereafter	1,207.40	1,358.64
Registered nurse general, MR Psych., Infants, geriatric,
midwifery
First year of service	1,256.60	1,410.50
Second year of service	1,323.40	1,480.34
Third year of service	1,389.90	1,550.64
Fourth year of service	1,461.20	1,626.12
Fifth year of service	1,532.10	1,701.96
Sixth year of service	1,602.90	1,778.08
Seventh year of service	1,684.10	1,859.28
Eighth year of service	1,751.60	1936.28
Nursing unit manager (personal to current occupants as at 1 March 1999)
Level 1
First year	1,939.50	2,145.08
Second year	1,993.40	2,202.78
Level 2	2,045.30	2,258.48
Level 3	2,094.50	2,311.10
Nurse undergoing pre-registration Assessment	1,087.60	1,216.80
Clinical nurse specialist	1,822.30	1,987.22
Clinical nurse consultant	2,146.70	2,352.28
Clinical nurse educator	1,822.30	2,027.88
Nurse educator
First year	1,939.40	2,144.98
Second year	1,993.40	2,202.78
Third year	2,041.30	2,254.48
Fourth year	2,146.70	2,363.30
Senior nurse educator
First year	2,198.00	2,432.84
Second year	2,242.30	2,493.86
Third year	2,315.90	2,582.28
Assistant director of nursing
Less than 150 beds	1,993.40	2,228.24
150-250 beds	2,146.70	2,398.26
250 beds and over	2,198.00	2,464.38
Deputy director of nursing
Less than 20 beds	2,033.10	2,267.94
20 beds, less than 75 beds	2,084.70	2,336.26
75 beds, less than 100 beds	2,132.30	2,398.68
100 beds, less than 150 beds	2,176.90	2,443.28
150 beds, less than 200 beds	2,242.20	2,508.58
200 beds, less than 250 beds	2,315.90	2,582.28
250 beds, less than 350 beds	2,401.50	2,667.88
350 beds, less than 450 beds	2,486.00	2,752.38
450 beds, less than 750 beds	2,577.20	2,843.58
750 beds and over	2,675.70	2,942.08
Director of nursing
Less than 25 beds	2,269.60	2,506.72
25 beds, less than 50 beds	2,401.50	2,650.78
50 beds, less than 75 beds	2,452.20	2,718.58
75 beds, less than 100 beds	2,502.60	2,785.32
100 beds, less than 150 beds	2,573.80	2,885.78
150 beds, less than 200 beds	2,658.90	3,000.14
200 beds, less than 250 beds	2,743.40	3,084.64
250 beds, less than 350 beds	2,845.30	3,186.54
350 beds, less than 450 beds	3,015.30	3,356.54
450 beds, less than 750 beds	3,188.40	3,529.64
750 beds and over	3,386.60	3,727.84

 

Table 2 - Other Rates and Allowances

 

Item No.	Brief Description	Clause No.	1/9/2022	1/9/2023	Period
1	In Charge of Nursing Home	9(i)(a)
	(a) less than 100 beds		31.16	32.95	per shift
	(b) 100 beds and less than 150 beds		50.15	53.03	per shift
2	In Charge of ward/unit	9(i)(b)	31.16	2.95	per shift
3	On Call	9(ii)(a)	27.75	29.35	per 24 hours or part thereof
4	On Call on rostered days off	9(ii)(b)	55.50	58.69	per 24 hours or part thereof
5	On Call During Meal Break	9(ii)(c)	15.02	15.88	per shift
6	Travelling Allowance	9(ii)(d)	0.86	0.91	per km
7	Climatic Allowance	11(i)	5.75	6.08	per week
8	Isolation Allowance	11(ii)	11.13	11.77	per week
9	Expense Allowance for DON's	13
	less 100 beds		312.49	330.46	per annum
	100 - 299 beds		623.67	659.53	per annum
	300 - 499 beds		936.18	990.01	per annum
	over 500 beds		1249.09	1320.91	per annum
10	Uniforms	16(iii)(a)	8.38	8.86	per week
11	Shoes	16(iii)(a)	2.59	2.74	per week
12	Cardigan or Jacket	16(iii)(b)	2.52	2.66	per week
13	Stockings	16(iii)(c)	4.36	4.61	per week
14	Socks	16(iii)(d)	0.87	0.92	per week
15	Laundry	16(iv)	7.01	7.41	per week
16	Meal on Overtime	18(vi)	12.34	13.05	per week
17	Breakfast	29(i)(c)	4.62	4.89	per week
18	Other Meals	29(i)(c)	8.37	8.85	per week

 

Table 3- Continuing Education Allowances

 

Item No.	Brief Description	Clause No.	1/9/2022	1/9/2023	Period
1	RN - Post Graduate Certificate	10(vii)	26.14	27.64	per week
2	RN - Post Grad Diploma/Degree	10(viii)	43.54	46.04	per week
3	RN - asters/Doctorate	10(ix)	52.27	55.28	per week
4	EN - Cert IV	10(x)	17.43	18.43	per week

 

Table 4 - Monetary Rate for Assistant in Nursing Trainees

 

Highest Year of Schooling Completed	FFPPOA	FFPPOA
	1/9/2022	1/9/2023
	4.6 %
Skill Level A - Year 10
School Leaver	$377.33	$392.68
1 year out of school	$409.20	$432.73
2 years out of school	$491.41	$519.67
3 years out of school	$572.06	$604.95
4 years out of school	$664.84	$703.07
5 years out of school	$759.81	$803.50
Highest Year of Schooling Completed
Skill Level A - Year 11
School Leaver	$409.30	$432.83
1 year out of school	$491.41	$519.67
2 years out of school	$572.06	$604.95
3 years out of school	$664.94	$703.07
4 years out of school	$759.92	$803.62
5 years out of school	$759.61	$803.62
Highest Year of Schooling Completed
Skill Level A - Year 12
School Leaver	$491.41	$519.67
1 year out of school	$572.06	$604.95
2 years out of school	$664.94	$703.17
3 years out of school	$759.61	$803.29
4 years out of school	$759.61	$803.29
5 years out of school	$759.61	$803.29

 

Table 5 - Monetary Rates for School Based Traineeships

 

Year of Schooling - Year 11	FFPPOA	FFPPOA
	1/9/2022	1/9/2023
Skill Level 1	$356.90	$377.42
Year of Schooling - Year 12
Skill Level 1	$409.30	$432.83

 

Table 6 - Wages - School Based Traineeships

 

Year of Schooling - Year 11	FFPPOA	FFPPOA
	1/9/2022	1/9/2023
Skill Levels A, B, C	$248.01	$262.27
Year of Schooling - Year 12
Skill Levels A, B, C	$271.54	$287.15

 

7.        This variation shall take effect from the beginning of the first full pay period to commence on or after 1 September 2023.

 

 

 

C. CONSTANT, Chief Commissioner

D. SLOAN, Commissioner

J. WEBSTER, Commissioner

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.