OPERATIONAL AMBULANCE MANAGERS (STATE) AWARD 2024
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Health
Secretary, NSW Ministry of Health
(No. IRC 242887 of 2024)
Before President Taylor
|
28 November 2024
|
AWARD
1. Title
This Award shall be known
as the Operational Ambulance Managers
(State) Award 2024 ("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 Benefits Not to Be Withdrawn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 NSW 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
(a) 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
(a) 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.
(d) 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.
(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.
(e)
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.
(f)
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.
(g)
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.
(h)
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
(a)
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.
(b)
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.
(c)
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.
(d)
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.
(e)
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.
(f)
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.
(g)
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.
(iv)
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.
(v)
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.
(b)
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.
(c)
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.
(d)
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
(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 includesdiscrimination 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 -
(v)
Employers and employees may also be subject to Commonwealth anti-discrimination legislation.
(vi)
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
The Commission makes
this Award on the basis that the parties have provided the following
undertaking: Other than as provided for in the Industrial Relations Act 1996,
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 2025 by a
party to this Award.
For the avoidance of
doubt, the Parties may, during the term of this Award, discuss additional
opportunities for system improvements and, if agreed, a further pay increase
may be provided to recognise the contribution of employees to those system
improvements.
36.
Area, Incidence and Duration
(a)
This
Award takes effect from 1 July 2024 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 2024.
(b)
This
Award rescinds and replaces the Operational Ambulance Managers (State) Award
2023 published 10 November 2023 (395 I.G. 1088) 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 2024
until the commencement of the increased rates as outlined below (that apply from the first
full pay period on or
after (ffppoa)
1 July 2024) shall be the equivalent rates and allowances contained in the
Operational Ambulance Managers (State) Award 2023 as at
30 June 2024.
Table 1 -
Salaries
Classification
|
01-July-2024
Minimum $
|
01-July-2024
Maximum $
|
Operational Manager
|
|
|
Level 1
|
126,384
|
132,403
|
Level 2
|
129,389
|
153,470
|
Level 3
|
150,457
|
171,522
|
Level 4
|
168,510
|
201,616
|
Level 5
|
198,602
|
222,680
|
Operations Centre Manager
|
|
|
Level 1
|
123,142
|
129,006
|
Level 2
|
126,070
|
149,529
|
Level 3
|
146,595
|
167,118
|
Level 4
|
164,182
|
196,439
|
Level 5
|
193,504
|
216,963
|
Table 2 -
Allowances
Item
|
Clause
|
Allowance
Description
|
Frequency
|
FFPPOA
01
July 2024
$
|
1
|
16
|
Climatic and Isolation
Allowance - Time and Half Zone
|
Weekly
|
5.70
|
2
|
16
|
Climatic and Isolation
Allowance - Double Zone
|
Weekly
|
11.30
|
3
|
29
|
Laundry
|
Weekly
|
16.30
|
* Rate moves independently to Award wages increase.
I. TAYLOR J, President.
____________________
Printed by
the authority of the Industrial Registrar.