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Part A
2. Basic Wage/State Decisions
(a) Basic Wage
This award insofar as it fixes rates of wages, is made
by reference and in relation to a basic wage for adults of $121.40 per
week. The said Basic Wage is subject to variation in accordance with the
provisions of sub-section (2) of Section 15 of Schedule 4 - Savings; transitional
and other provisions - of the Industrial Relations Act, 1996.
(b) State Decisions
The rates of wages and conditions of employment contained
in this award are subject to variation in accordance with the provisions
of Section 52 in the Industrial Relations Act, 1996, to the extent necessary
to give effect to State decisions made in accordance with the provisions
of Sections 50 and 51 of the said Act.
3. Definitions
"Area Health Service" means an Area Health Service
established pursuant to the Area Health Service Act, 1986. (Definition
from CMO award)
"Association" means the Health and Research
Employees Association of New South Wales. (Note CMO award also refers
to ASMOF)
"Authority" means the Public Employment Industrial
Relations Authority. (Definition from CMO award)
"Corporation" means the Health Administration
Corporation. (Definition from CMO award)
"Career Medical Officer" means a Medical Officer
who is employed and/or appointed to a position, not being that of a medical
officer in training, in a hospital, who may be required to undertake such
duties and at such places as directed within such hospital. (Definition
from CMO award)
"Higher Medical Qualifications" means such qualifications
obtained by an officer subsequent to graduation and includes
(a) post-graduate University degrees and diplomas recognised
by the Medical Board of New South Wales as qualifications; or
(b) membership or fellowship of the Royal College or Royal
Australasian College of Physicians or fellowship of the Royal College or
Royal Australasian College of Surgeons or membership or fellowship of the
Royal College of Obstetricians and Gynaecologists; or
(c) such other post-graduate qualifications obtained by
examination and recognised by the Medical Board of New South Wales and
acceptable to the Corporation, including fellowship of the Royal Australian
College of General Practitioners.
"Hospital" has the meaning ascribed to it in
the Public Hospitals Act, 1929
"Intern" means a medical officer serving in
a hospital prior to his obtaining full registration pursuant to section
17 {3) (a) of the Medical Practitioners Act, 1938.
"Medical Officer" means a person licensed or
registered by the Medical Board of New South Wales pursuant to the Medical
Practitioners Act, 1938, employed in a position covered by this Award.
(Definition from CMO award)
"Officer" means a Medical Officer employed on
a full-time or permanent part-time basis at a hospital, area health service
or health facility. It also means a person who is a registered medical
practitioner and who is employed as a Chief Executive Officer, Deputy Chief
Executive Officer, Medical Superintendent, Deputy Medical Superintendent,
Assistant Medical Superintendent or Clinical Superintendent in a position
as such by the Health Administration Corporation
"Resident" means a medical officer who has obtained
full registration.
Registrar" means a medical officer who:
(i) has had at least three years' experience in public
hospital service AS defined under this award or any lesser period acceptable
to the Health Commission of New South Wales, and
(ii) is appointed as a registrar by a hospital, and
(iii) is occupying a position of registrar in an established
position as approved by the Health Commission of New South Wales.
"Senior Registrar" means a registrar holding
higher medical qualifications and occupying a position of senior registrar
in an established position as approved by the Health Commission of New
South Wales.
"Service" for the purpose of Clause 4, Salaries,
means service before and/or after the commencement of the Award in one
or more hospitals or in the other institutions approved from time to time
by agreement between the parties to this Award. It shall include service
as a medical officer in the Australian Armed Forces and service, whether
continuous or not, in other hospitals within the Commonwealth of Australia.
"Weekly Rates"will be ascertained by dividing
an annual amount by 52.17857 or a weekly rate can be multiplied by 52.17857
to obtain the annual amount.
4. Salaries
Part A -
as set out in Table 1 and Table 2 - Wages, of Part B,
Monetar Rates.
For appointment to Grade 2 or Grade 3 Career Medical Officer,
approval of the Area Health Service is required.
Medical Officers in receipt of a salary higher than that
of Senior Registrar in the Public Hospital (Medical Officers) Award are
to have penalty, overtime and public holiday payments calculated on the
salary ascribed to Senior Registrar, as varied from time to time.
Part B -
(a) For the purpose of calculation of payments to officers
pursuant to the provisions of this Award, one hour's pay shall be calculated
in accordance with the following formula:
and one day's pay shall be calculated by multiplying "one
hour's pay" (as calculated in accordance with the above formula) by
7.6.
(b) Officers appointed at a salary of the sale in Part
'A' shall be eligible to progress to the next higher step in such scale
on the anniversary of the date on which they were appointed.
Part C -
Permanent Part-Time Medical Officers -
(i) A permanent part-time employee is one who is permanently
appointed to work a specified number of hours which are less than those
prescribed for a full-time employee;
(ii) Employees engaged under Part C of this clause shall
be paid an hot rate calculated on the basis of one thirty-eighth of the
appropriate rate prescribed by Part A, and where applicable one thirty-eighth
of the appropriate allowance prescribed by Clause 9, Qualification Allowance
with a minimum payment of two hours for each start and one thirty eighth
of the appropriate allowances prescribed by Clause 23, Uniform and Laundry
Allowances, ff applicable but shall not be entitled to additional days
off or part thereof as prescribed by Clause 11, Hours Work.
(iii) Employees engaged under Part C of this clause shall
be entitled to all other benefits of this award not otherwise expressly
provided for herein in the same proportion as their ordinary hours of work
bear to full-time hours.
(iv) Employees engaged under Part C of this clause are
entitled to contribute to the appropriate superannuation scheme subject
to the requirements of relevant legislation.
Part D
NOTE: As at the operative date of this award hospitals
shall be graded at the level
indicated hereunder:
Level I -
Royal Prince Alfred Hospital, Prince Henry/Prince of Wales Hospital
Group, Royal North Shore Hospital, The Parramatta Hospitals, Royal Newcastle
Hospital.
Level II -
St. Vincent's Hospital Darlinghurst, St. George Hospital, Royal Alexandria
Hospital for Children.
Level III -
Sydney Hospital, Hornsby and Ku-Ring-Gai Hospital, Wollongong Hospital,
Bankstown Hospital, Blacktown District Hospital, Gosford Hospital, Liverpool
Hospital, Mater Misericordiae Hospital Waratah, Sutherland Hospital, Royal
Hospital For Women, Tamworth Group, Moree Group, Armidale Group, Maitland
Group.
Level IV -
Albury Base Hospital, Auburn District Hospital, Balmain District Hospital,
Broken Hill and District Hospital, Canterbury Hospital, Cessnock District
Hospital, Dubbo Base Hospital, Fairfield District Hospital, Grafton Base
Hospital, Lewisham Hospital, Lismore Base Hospital, Mater Misericordiae
Hospital North Sydney, Manning River District Hospital, Mount Druitt Hospital,
Nepean District Hospital, Orange Base Hospital, Ryde Hospital, Wagga Wagga
Base Hospital, Port Kembla District Hospital, Manly District Hospital,
St. Margaret's Hospital for Women, Mona Vale District Hospital, Wallsend
Hospital, Goulburn Group, Queanbeyan Group, Bega Group,Young Group, Hastings
Valley Group, Macleay Valley Group.
Level V -
Langton Clinic, Royal Ryde Homes, Griffith Base Hospital, Western Suburbs
Hospital, Bathurst District Hospital, Blue Mountains District Anzac Memorial
Hospital, Camden Hospital, Lithgow District Hospital, Marrickville District
Hospital, Royal South Sydney Hospital, St. Joseph's Hospital Auburn, St.
Luke's Hospital, Hawkesbury District Hospital, Harbour District Hospital,
Campbelltown District Hospital, Rachel Forster Hospital.
Officers in Table 2 Part B shall be paid a salary supplement
of 16 per cent of the appropriate based award salary as varied from time
to time with respect to their clinical work performed as part of their
function.
5. No Extra Claims
It is a term of this award the union undertakes, until
31 December 1999, not to pursue any extra claims, award or overaward, except
where consistent with the State Wage Case Principles.
6. Payment of Salaries
(i) All salaries and other payments shall be paid fortnightly.
Provided further that, for the purpose of adjustments of wages related
to variations in the basic wage, the pay period shall be deemed to be weekly.
(ii) 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 Association and the Corporation due to the
isolation of the employing hospital. Salaries shall be deposited by hospitals
in sufficient time to ensure that wages are available for withdrawal by
employees no later than pay day, provided that this requirement shall not
apply where employees nominate accounts with non-bank financial institutions
which lack the technological or other facilities to process salary deposits
within 24 hours of the hospitals making their deposits with such financial
institutions, but in such cases hospitals shall take all reasonable steps
to ensure that the wages of such employees are available for withdrawal
by no later than pay day. Subject to adequate notice in writing on each
occasion, employees who are rostered off on pay day shall be entitled to
have their salary deposited before proceeding on their day or days off.
(iii) Penalty rates and overtime worked during the second
week of the pay fortnight may be paid to employees in the next pay period
by Area Health Services and hospitals.
(iv) The salaries of officers covered by Part B Table
2 of this award shall be adjusted to the appropriate range prescribed by
this award on the basis of years of service in position - for the purpose
of this clause an officer shall be deemed to have the years of service
indicated by the salary received under the scale in force immediately prior
to the operative date of this award.
7. Meal Breaks
Day Shifts - Monday to Friday
1. In the interests of patient care and the health and
welfare of medical staff, officers must have a break from duty for the
purpose of taking a meal.
2. There shall be a uniform meal break of 30 minutes except
where locally agreed arrangements for a longer period are made (which shall
not exceed one hour).
3. If officers are required to work during their meal
break they shall be paid for the time worked.
4. Medical Administrators are to establish simple and
effective procedures in consultation with officers to record when staff
are required to work through their meal break and to ensure that payment
is made.
Shifts Other an Day Shift - Monday to Friday
The arrangements outlined in Circular No. 83/250 of 19
August, 1983 in relation to meal breaks during shifts other than Day Shifts,
Monday to Friday, will continue to apply.
NOTE: See Departmental Circular No. 88/251. This has
not been gazetted
8. Board and Accommodation
(i) Where an officer lives at a hospital, deductions,
as detailed in Table 4 of Part B, may be made by the employer from his/her
salary.
(ii) Where individual meals only are provided, the officer
may be charged the charges applicable under the Public Hospital Nurses
(State) Award.
(iii) The above-mentioned amounts shall vary in accordance
with the board, accommodation and individual meal charges as prescribed
in the Public Hospital Nurses (State) Award as varied from time to time.
(iv) No deduction shall be made from the salary of an
officer for board and accommodation when the officer is absent from the
hospital on annual, sick or long service leave, provided that the employer
shall be entitled to make the deduction for accommodation where the officer:
(a) having been requested to leave his/her room completely
vacant fails to do so; or
(b) is absent from the hospital on sick leave and such
absence does not exceed six consecutive days.
* Current rates taken from Departmental Circular No.
92/1.
9. Qualification Allowance
An allowance per annum as set out in Item 1 of Table 3
- Other Rates and Allowances shall be paid to officers who obtain an appropriate
higher medical qualification subsequent to graduation.
Provided that this clause shall not apply to an officer
who has salary equal to or in excess of the Senior Registrar rate of pay
contained in the Public Hospital (Medical Officers) Award.
Provided further that where an officer in his/her 5th
and subsequent years of training is expected to meet the formal requirements
of a higher medical qualification in that year he/she shall be paid half
the qualification allowance.
10. In Charge Allowance
An allowance as set out in Item 2 of Table 3 - Other Rates
and Allowances shall be paid to medical officers for each twelve hours
of duty or part thereof of continuous in-charge duty for responsibility
for after hours medical services.
NOTE: See Departmental Circular No.88/250
11. Hours of Work
(i) The ordinary hours of work shall not exceed an average
of 38 hours per week. This shall be achieved by rostering officers for
duty over either forty hours in any period of seven consecutive days or
eighty hours in any period of fourteen consecutive days and, in addition,
then granting officers roster leave additional to that prescribed in subclause
(ii) of this clause to the extent of one additional day per calendar month.
Such additional roster leave may accumulate to a maximum of twelve days
and shall be granted in multiples of one day for periods ranging from one
day to two weeks Upon termination of employment an officer shall be paid
the monetary value of any untaken additional roster leave, calculated at
the officer's ordinary time rate of pay as prescribed by Clause 4, Salaries.
(ii) Officers shall be free from ordinary hours of duty
for not less than two days in each week or where this is not practicable,
four days in each fortnight. Where practicable, days off shall be consecutive
and where possible additional rostered days off shall be combined with
other rostered time off.
(iii) No shift shall be less than eight hours in length
on a weekday or less than four hours in length on a Saturday, Sunday or
public holiday.
(iv) No broken or split shifts shall be worked.
(v) All time worked in excess of ten hours in any one
shift shall be paid as overtime.
(vi) Where in any pay period, an officer is not employed
by a hospital for the whole of the pay period, the ordinary hours of work
for the purpose of calculating salary for that pay period (i.e., 38 or
76 hours) will be adjusted by the following factor, rounded to the nearest
whole number -
(vii) Officers shall be given at least two weeks' notice
of rosters to be worked in relation to ordinary hours of work and also
where practicable, in relation to additional (overtime) rostered hours
of work, provided that a hospital may change the rosters without notice
to meet any emergent situation. This subclause shall not apply in respect
of the granting by hospitals of additional roster leave pursuant to this
clause.
* ORDER OF INTERPRETATION
That upon the true meaning and intention of subclause
(v) of clause 5, Hours of Work, of the Public Hospital (Medical Officers)
Award published 24 May 1978 (209 I.G. 2771), as varied, the words "All
time worked shall mean "All ordinary time (hours) worked" and
the word "any one shift" shall mean any one continuous period
of ordinary hours of work for which an employee under the said award is
rostered to work".
12. Penalty Rates
Any ordinary hours worked between the following hours
shall be paid; ordinary time plus the appropriate penalty rate:
(i) Hours worked between 6.00 pm and midnight, Monday
to Friday - 12.5 per cent.
(ii) Midnight and 8.00 am, midnight Sunday to midnight
Friday - 25 per cent.
(iii) Midnight Friday and midnight Saturday - 50 per cent.
(iv) Midnight Saturday and midnight Sunday - 75 per cent.
13. Time Worked
Time worked means the time during which an officer is
required by a hospital to be in attendance at a hospital for the purpose
of carrying out such functions as the hospital may call on him to perform,
and it shall include times when the officer, in waiting to carry out some
active functions, is studying or resting or sleeping or engaged in any
other activity.
Provided that time worked does not include uninterrupted
breaks allowed and actually taken for meals.
Provided further that where an officer attends of his/her
own volition outside of hours rostered on duty, or where an officer remains
in attendance when formally released from the obligation to perform professional
duties, the hospital shall not be liable to make any payment for such attendance.
14. Overtime
(i) All time worked by officers in excess of the ordinary
hours specified in clause 11, Hours of Work, shall be paid at the rate
of time and one half for the first two hours, and double time for the remaining
hours worked provided that all overtime performed on a Sunday, shall be
at double time.
(ii) All time worked by employees employed pursuant to
Part C, Permanent Part-Time Medical Officers, of clause 4, Salaries, in
excess of the rostered daily ordinary hours of work prescribed for the
majority of full-time employees employed on that shift shall be paid at
the appropriate overtime rate prescribed herein. Time worked up to the
rostered daily ordinary hours of work prescribed for a majority of the
full-time employees employed on the shift 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.
(iii) An officer who works authorised overtime and was
not notified on or prior to his/her previous shift of the requirement to
work such overtime shall be paid in addition to payment for such overtime:
(a) as set out in Item 3 of Table 3 - Other Rates and
Allowances, for breakfast when commencing such overtime work at or before
6.00 am;
(b) as set out in Item 3 of Table 3 for an evening meal
when such overtime is worked for at least one hour immediately following
his/her normal ceasing time, exclusive of any meal break and extends beyond
or is worked wholly after 7.00 pm;
(c) as set out in Item 3 of Table 3 for luncheon when
such overtime extends beyond 2.00 pm on Saturdays, Sundays or holidays;
Or shall be provided with adequate meals in lieu of such
payments. The rates prescribed in this subclause shall be varied pro-rata
to any variations in the rates payable under Clause 35 of the regulations
under the Public Sector Management Act, 1988.
(iv) Provided however that an officer employed in a community
health facility shall be granted time in lieu of overtime payments. Such
time in lieu shall be taken within three months of accrual and at ordinary
time. If such accrued time in lieu is unable to be taken within the three
month period, it is to be paid out at the end of the three month period
in accordance with subclause (i) above at the current rates of pay then
applying. (CMO award only)
15. On-Call and Call-Back
(i) An "on-call period" is a period during which
an officer is required by the employer to be on-call.
(ii) For the purposes of calculation of payment of on-call
allowances and for call-back duty, an on-call period shall not exceed 24
hours.
(iii) An officer shall be paid for each on-call period
which coincides with a day rostered on duty an allowance as set out in
Item 4 of Table 3 - Other Rates and Allowances, of Part B, Monetary Rates,
and for each on-call period coinciding with a rostered day off an allowance
as set in the said Item 4 with a maximum payment as set out in the said
Item 4 per week.
(iv) An officer who is called back for duty shall be paid
for all time worked at the appropriate overtime rate, with a minimum of
3.5 hours pay at such rates and, effective from the first full pay period
to commence on or after 26 September, 1991, 4 hours at such rates.
(v) The amounts specified in subclause (iii) shall be
taken to include expenses incurred in taking telephone calls at one's own
residence and other expenses incurred being available for emergency duty.
16. Annual Leave
PART A
(i) All officers shall be allowed four calendar weeks
leave of absence on full pay in respect of each twelve months service as
defined in this Award plus one day on full pay in respect of each public
holiday occurring within the period of such leave.
(ii) Officers who are required to work on Sundays and/or
public holidays during a qualifying period of employment for annual leave
purposes shall be entitled to receive additional annual leave in respect
of each complete period of eight hours so worked as follows:
(a) if 35 or more such periods on such days have been
worked - one week;
(b) if less than 35 such periods on such days have been
worked - leave proportionately calculated on the basis of 38 hours leave
for 35 such periods worked;
(c) work performed by reason of call-backs pursuant to
clause 14, Overtime, shall be disregarded when assessing an officer's entitlement
under this subclause.
(d) The calculations referred to in paragraphs (a) and
(b) of this sub-clause shall be made to the nearest one-fifth of the ordinary
hours worked, half or more than half of one-fifth being regarded as one
fifth and less than half being disregarded.
(iii) Annual leave shall be given and shall be taken in
one consecutive period or, ff the officer and the employer so agree, in
either two or three separate periods, but not otherwise.
(iv) 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 the whole or any separate period
of such annual leave may, by mutual agreement between the employer and
the officer, be postponed for a further period not exceeding six months.
(v) If the officer and the employer so agree, the annual
leave or any such separate periods may be taken wholly or partly in advance
before the officer has become entitled to that leave, but where leave is
taken in such circumstances a further period of annual leave shall not
commence to accrue until the expiration of the twelve months in respect
of which the annual leave or part thereof has been so taken.
(vi) Except as provided by this clause, payment shall
not be made to an officer in lieu of any annual leave or part thereof nor
shall any such payment be accepted by the officer.
(vii) The hospital shall give the officer at least two
months notice of the date from which his/her annual leave is to be taken.
(viii) Each officer shall be paid before entering upon
annual leave his/her ordinary rate of salary for the period of leave. For
the purposes of this subclause "ordinary rate of salary" means
the sum of the officers' award rate of salary and qualification allowance
if applicable.
(ix) Where the employment of an officer is terminated,
the officer shall be entitled to receive proportionate payment for each
completed month of service, together with such additional annual leave
entitlements due under sub clause (ii). All payments are to be made at
the rate of salary to which such officer is entitled under this Award.
(x) Where the annual leave under this clause or any part
thereof has been taken in advance by an officer pursuant to sub clause
(v), of this clause; and
(a) the employment of the officer is terminated before
he/she has completed the year of employment in respect of which such annual
leave or part thereof was taken; and
(b) the sum paid to the officer as ordinary pay for the
annual leave or part so taken in advance exceeds the sum which the employer
is required to pay to the officer under sub clause (ix) of this clause,
the employer shall not be liable to make any payment to the officer under
the said sub-clause (ix), and shall be entitled to deduct the amount of
such excess from any remuneration payable to the officer upon the termination
of the employment.
(xi) Any annual leave which had accrued to an officer
employed immediately prior to the operative date of this Award under the
provisions then in force and who continues in employment under this Award
shall remain to his/her credit and such leave may be allowed as provided
in this clause in addition to any other leave which has accrued to an officer
under the provision this clause.
PART B
Officers as set out in Part B Table 2 are subject to the
following conditions relative to annual leave and not the provisions of
Part A of this clause.
(i) Annual leave shall accrue at the rate of five calendar
weeks per annum.
(ii) Annual leave shall not accrue beyond ten calendar
weeks without the approval of the Hospital Board.
(iii) Such annual leave shall be taken by officers at
mutually convenient times : as arranged with the Hospital.
(iv) The hospital shall pay each officer in advance before
the commencement of any period of annual leave his ordinary pay for the
period of the leave.
(v) Where any special or public holiday for which the
officer is entitled to payment under this award or under any Act or under
his contract of employment occurs during any period of annual leave taken
by an officer, the holiday shall not be reckoned as a deduction from the
officer's annual leave entitlement.
(vi) Annual leave for a period of accrual of less than
twelve months shall accrue on a proportionate basis at the rate of five
calendar weeks per annum.
(vii) Where the employment of an officer who has become
entitled to a period of annual leave is terminated or the officer resigns,
the due period of annual leave shall be deemed to be taken from the date
of termination or resignation and the hospital shall forthwith pay to the
officer, in addition to all other amounts due to him, his ordinary pay
for the period of annual leave.
17. Annual Leave Income Loading
(i) A shiftworker, as defined in Clause 3, Definitions,
shall be paid whilst on annual leave his/her ordinary pay plus shift allowances
and weekend penalties relating to ordinary time the shiftworker would have
worked if he/she had not been on annual leave.
Provided that shift allowances and weekend penalties shall
not be payable for public holidays which occur during a period of annual
leave or for days which have been added to annual leave in accordance with
the provisions of Clause 18, Public Holidays.
(ii) Employees shall be entitled to an annual leave loading
of 17.5 per cent, or shift penalties as set out in sub clause (i) of this
clause, whichever is the greater.
NOTATION: The conditions relating to the grant of annual
leave loading are set out in the Health Commission's Determination No.
2 of 1975, dated 11 February 1975, and subsequent variations consolidated
in Health Commission Circular No. 82/14 dated 11 January, 1982.
18. Public Holidays
(i) Public Holidays shall be allowed to officers on fall
pay.
(ii) Where an officer is required to and does work on
any of the public holidays, as set out in this clause, the officer shall
have one day added to the period of his/her annual leave for each public
holiday so worked unless time off in respect of time worked on any such
public holiday has already been granted to the officer. The provisions
of this sub clause shall also apply to officers where a public holiday
falls on a rostered day off.
(iii) For the purpose of this clause, the following shall
be deemed to be public holidays: New Year's Day, Australia Day, Good Friday,
Easter Saturday, Easter Monday, Anzac Day, Queen's Birthday, Labour Day,
Christmas Day, Boxing Day, or in lieu of any such day any holiday proclaimed
in lieu thereof, together with any other day duly proclaimed as a special
day and observed as a public holiday within the area in which the hospital
in which the officer is employed is situated.
(iv) All hours worked on public holidays shall be paid
at the rate of time and one half.
19. Sick Leave
(i) An officer shall be allowed sick leave on fill pay
calculated by allowing fourteen calendar days for CMO's, Ten days for Officers
as set out in Part B Table 2 and 76 "ordinary" hours per year
for other medical officers for each year of continuous service less any
sick leave on full pay already and taker subject to the following conditions:
(a) The employer may require the sickness to be certified
to by the medical superintendent or by a legally qualified medical practitioner,
approved by the hospital, or may require other satisfactory evidence thereof.
(b) An officer shall not be entitled to sick leave until
the expiration of three months' continuous service.
(c) Each officer shall take all reasonably practicable
steps to inform the employer of his or her inability to attend for duty
and as far as possible state the estimated duration of the absence. Where
practicable such notice shall be given within twenty-four hours of the
commencement of such absence.
(d) An officer shall not be entitled to sick leave on
full pay for any period in respect of which such officer is entitled to
workers' compensation; provided, however, an employer shall pay to an officer
who has sick leave entitlements under this clause, the difference between
the amount received as workers' compensation and full pay, if the employee
elects such payment. The officer's sick leave entitlements under this clause
shall, for each week during which such difference is paid, be reduced by
that proportion of hours which the difference paid bears to full pay. On
the expiration of available sick leave, weekly compensation payments only
shall be payable.
(e) An officer is not eligible for sick leave during periods
when he/she would have normally been rostered on overtime shifts.
(f) An officer is not entitled to more than 8 hours' sick
leave in respect of any one day.
(ii) Continuous service for the purpose of this clause
shall be calculated in the same manner as provided for in paragraph (a)
of subclause (ii) of Clause 27, Long Service Leave.
(iii) Full pay for the purpose of this clause shall include
the uniform allowance where payable under clause 23, Uniform and Laundry
Allowance.
(iv) A hospital shall not terminate the services of an
officer except on the grounds of misconduct during the currency of any
periods of paid sick leave.
(v) Sick leave as defined, shall accrue and be transferable
between hospitals, at the rate of fourteen calendar days per year of continuous
service, minus days taken.
(vi) Any sick leave which had accrued to an officer employed
immediately prior to the operative date of this Award, under the provisions
then in force and who continues in employment under this Award shall remain
to his/her credit and such leave may be allowed as provided in this clause
in addition to any other leave which has accrued to an officer under the
provisions of this clause.
20. Compassionate Leave
(i) Compassionate leave with pay shall be granted in extraordinary
or emergent circumstances where an officer is forced to absent himself/herself
from duty because of an urgent pressing necessity, and such leave as is
granted should be limited to the time necessary to cover the immediate
emergency.
(ii) Such Compassionate Leave shall be granted on the
following principles
(a) death and funeral of mother, father, husband, wife,
son, daughter, sister, brother, grandparent, parent-in-law, daughter-in-law,
son-in-law, brother-in-law, sister-in-law, grandchild and any other relative
where special circumstances exist, eg. the officer residing with the deceased;
(b) illness in the family - sufficient leave should be
granted to meet the , immediate emergency and to allow the employee to
make any other arrangements considered necessary.
(iii) Compassionate Leave may also be granted in cases
of unforeseen emergencies which clearly prevent attendance for duty, e.g.,
floods, bushfires, etc.
(iv) Compassionate Leave shall be granted for a period
normally not exceeding three (3) working days within each year, provided
that additional leave may be granted by the Corporation in exceptional
circumstances.
21. Maternity and Adoption Leave
A. Maternity Leave
(i) Eligibility
To be eligible for paid maternity leave an employee must
have completed at least 40 weeks continuous service of not less than 311/4
hours per week prior to the expected date of birth or be a permanent part-time
employee as specified.
An employee who has once met the conditions for paid maternity
leave will not be required to again work the 40 weeks continuous service
in order to qualify for a further period of paid maternity leave, unless
-
(a) there has been a break in service where the employee
has been re-employed or re-appointed after a resignation, medical retirement,
or after her services have been otherwise dispensed with: or
(b) the employee has completed a period of leave without
pay of more than 40 weeks. In this context, leave without pay does not
include sick leave without pay, maternity leave without pay, or leave without
pay associated with an illness or injury compensable under the Workers'
Compensation Act.
(ii) Portability of Service for Paid Maternity Leave
Portability of service for paid maternity leave involves
the recognition of service in public sector organisations for the purpose
of determining an employee's eligibility to receive paid maternity leave.
For example, where an employee moves between a Public Sector Department
and a public hospital, previous continuous service will be counted towards
the service prerequisite for paid maternity leave.
When determining an employee's eligibility for paid maternity
leave, continuous service with New South Wales public sector organisations
which are included in the schedule of the Transferred Officers Extended
Leave Act, 1961, will be recognised, provided that:
(a) service was on a full-time or permanent part-time
(as specified) basis:
(b) cessation of service with the former employer was
not by reason of
dismissal on any ground, except retrenchment or reduction
of work;
(c) the employee commences duty with the new employer
on the next working day after ceasing employment with the former employer
(there may be a break in service of up to two months before commencing
duty with the new employer provided that the new position was secured before
ceasing duty with the former employer. However, such a break in service
will not be counted as service for the purpose of calculating any prior
service prerequisite for paid maternity leave.)
NOTE: These conditions reflect Circulars 87/98 and
87/235.
(iii) Entitlement
Eligible employees are entitled to paid maternity leave
as follows:
(a) Paid Maternity Leave - an employee is entitled to
nine weeks at the ordinary rate of pay from the date maternity leave commences.
This leave may commence up to nine weeks prior to the expected date of
birth.
It is not compulsory for an employee to take this period
off work. However, if an employee decides to work during this period it
is subject to the employee being able to satisfactorily perform the full
range of normal duties.
Paid maternity leave may be paid:
- on a normal fortnightly basis
- in advance in a lump sum
- at the rate of half pay over a period of eighteen weeks
on a regular fortnightly basis.
Recreation and/or long service leave credits can be combined
with periods of maternity leave on half pay to enable an employee to remainon
full pay for that period.
(b) Unpaid Maternity Leave - an employee is entitled to
a further period of unpaid maternity leave of not more than 12 months after
the actual date of birth.
(iv) Applications
An employee who intends to proceed on maternity leave
should formally notify her employer of such intention as early as possible,
so that arrangements associated with her absence can be made.
Written notice of not less than eight weeks prior to the
commencement of the leave should accordingly be given. This notice must
include a medical certificate stating the expected date of birth and should
also indicate the period of leave desired.
(v) Variation after Commencement of Leave
After commencing maternity leave, an employee may vary
the period of her maternity leave once only without the consent of her
employer by giving the employer notice in writing of the extended period
at least 14 days before the start of the extended period. An employer may
accept less notice if convenient.
An employee may extend the period of maternity leave at
any time with the agreement of the employer.
The conditions relating to variation of maternity leave
are derived from Section 64 of the Industrial Relations Act 1966.
(vi) Staffing Provisions
In accordance with obligations established by the Industrial
Relations Act 1966 (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.
(vii) Effect of Maternity Leave on Accrual of Leave, Increments
etc.
When the employee has resumed duties, any period of full
pay leave is counted in full for the accrual of annual leave 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.
Except in the case of employees who have completed ten
years' service the period of maternity leave without pay does not count
as service for long service leave purposes. Where the employee has completed
ten years' service the period of maternity leave without pay shall count
as service provided such leave does not exceed six months.
Maternity leave without pay does not count as service
for incremental purposes. Periods of maternity leave at full pay and at
half pay are to be regarded as service for incremental progression on a
pro-rata basis.
Where public holidays occur during the period of paid
maternity leave, payment is at the rate of maternity leave received i.e.,
public holidays occurring in a period of full pay maternity leave are paid
at full rate and those occurring during a period of half pay leave are
paid at half rate.
(viii) Illness Associated with Pregnancy
If, because of an illness associated with her pregnancy
an employee is unable to continue to work then she can elect to use any
available paid leave (sick, annual and/or long service leave) or to take
sick leave without pay.
Where an employee is entitled to paid maternity leave,
but because of illness, is on sick, annual, long service leave, or sick
leave without pay prior to the birth, such leave ceases nine weeks prior
to the expected date of birth. The employee then commences maternity leave
with the normal provisions applying.
(ix) Transfer to a More Suitable Position
Where, because of an illness or risk associated with her
pregnancy, an employee cannot carry out the duties of her position, an
employer is obliged, as far as practicable, to provide employment in some
other position that she is able to satisfactorily perform. This obligation
arises from Section 69 of the Industrial Relations Act 1966. 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.
(x) Miscarriages
In the event of a miscarriage any absence from work is
to be covered by the current sick leave provisions.
(xi) Stillbirth
In the case of a stillbirth, (as classified by the Registry
of Births, Deaths and Marriages) an employee may elect to take sick leave,
subject to production of a medical certificate, or maternity leave She
may resume duty at any time provided she produces a doctor's certificate
as to her fitness.
(xii) Effect of Premature Birth on Payment of Maternity
Leave
An employee who gives birth prematurely, and prior to
proceeding on maternity leave shall be treated as being on maternity leave
from the date leave is commenced to have the child. Should an employee
return to duty during the period of paid maternity leave, such paid leave
ceases from the date duties are resumed.
(xiii) Right to return to Previous Position
In accordance with the obligations set out in Section
66 of the Industrial Relations Act 1966, an employee returning from maternity
leave has the right to resume her former position.
Where this position no longer exists the employee is entitled
to be placed in a position nearest in status and salary to that of her
former position and to which the employee is capable or qualified.
(xiv)Return for Less than Full Time Hours
Employees may make application to their employer to return
to duty for less than the full time hours they previously worked by taking
weekly leave without pay. Such return to work is to be according to the
following principles:
- the period is to be limited to 12 months after which
full time duties must be resumed;
- the employee is to make an application for leave without
pay to reduce her full time weekly hours of work. This application should
be made as early as possible to enable the employer to make suitable staffing
arrangements. At least four weeks notice must be given;
- the quantum of leave without pay to be granted to individual
employees is to be at the absolute discretion and convenience of the employer;
- salary and other conditions of employment are to be
adjusted on a basis proportionate to the employees full time hours of work
i.e., for long service leave the period of service is to be converted to
the full time equivalent, and credited accordingly.
It should be noted that employees who return from maternity
leave under this arrangement remain full-time employees. Therefore the
payment of any part-time allowance to such employees does not arise.
(xv) Further Pregnancy while on Maternity Leave
Where an employee becomes pregnant whilst on maternity
leave, a further period of maternity leave may be granted. Should this
second period of maternity leave commence during the currency of the existing
period of maternity leave, then any residual maternity leave from the existing
entitlement lapses.
B. Adoption Leave
(i) Eligibility
To be eligible for paid adoption leave an employee must
have completed at least 40 weeks continuous service of not less than 311/4
hours per week (or 40 weeks continuous service for permanent part-time
employees as specified) prior to the date of taking custody of the child.
An employee who has once met the conditions of paid adoption leave, will
not be required to again work the 40 weeks continuous service in order
to qualify for further periods of paid adoption leave, unless
(a) there has been a break in service where the employee
has been re-employed or re-appointed after a resignation, medical retirement,
or after their services have been otherwise dispensed with; or
(b) the employee has completed a period of leave without
pay of more than 40 weeks. In this context, leave without pay does not
include sick leave without pay, maternity leave without pay, or leave without
pay associated with an illness or injury compensable under the Worker's
Compensation Act.
(ii) Entitlement
a) Paid Adoption Leave
Eligible employees are entitled to paid adoption leave
of three weeks at the ordinary rate of pay from and including the date
of taking custody of the child.
Paid adoption leave may be paid:
- on a normal fortnightly basis
- in advance in a lump sum
- at the rate of half pay over a period of six weeks on
a regular fortnightly basis.
Annual and/or long service leave credits can be combined
with periods of adoption leave at half pay to enable an employee to remain
on full pay for that period.
(b) Unpaid Adoption Leave
Eligible employees are entitled to unpaid adoption leave
as follows:
- where the child is under the age of 12 months - a period
of not more than 12 months from the date of taking custody;
- where the child is over the age of 12 months - a period
of up to 12 months, such period to be agreed upon by both the employee
and the employer.
(iii) Applications
Due to the fact that an employee may be given little notice
of the date of taking custody of a child, employees who believe that, in
the reasonably near future, they will take custody of a child, should formally
notify the employer as early as practicable of the intention to take adoption
leave. This will allow arrangements associated with the adoption leave
to be made.
(iv) Variation after Commencement of Leave
After commencing adoption leave, an employee may vary
the period of leave, once without the consent of the employer and otherwise
with the consent of the employer. A minimum of four week's notice must
be given, although an employer may accept less notice if convenient.
(v) Staffing Provisions
(vi) Effect of Adoption Leave on Accrual of Leave, Increments,
etc
(vii) Return for Less than Full-Time Hours
Liability for Superannuation Contributions
During a period of unpaid maternity leave or unpaid adoption
leave, the employee will not be required to meet the employer's superannuation
liability
Note
(i) The condition applying to part-time employees remain
unchanged and are to be found in Circular No. 80/336 of 5 November, 1980.
(ii) Permanent part-time employees, viz; employees engaged
on a permanent part-time basis for less than the full-time hours of work,
who do not receive the part-time loading but instead receive proportionate
full-time conditions of employment are covered by this clause.
As such, these permanent part-time employees (as specified)
are entitled to pro-rata paid maternity leave after 40 weeks continuous
service.
NOTE: These conditions reflect Circulars 87/98 and
87/235. They are not Gazetted
22. Personal/Carer's Leave, Family and Community
Services Leave
Employees shall be granted Personal/Carer's Leave, Family
and Community Services Leave in accordance with Health Department Circular
No 97/11, as amended from time to time.
NOTE: These conditions reflect Circular 97/11. They
are not Gazetted
23. Uniform and Laundry Allowances
(i) Sufficient suitable and serviceable uniforms shall
be provided for each officer required to wear a uniform and such uniforms
shall be laundered at the expense of the hospital.
(ii) Where a hospital requires a uniform to be worn but
does not provide such uniform, the following allowances shall be paid:
(a) where a full uniform, including special shoes, is
required, an amount per week as set in Item 5 of Table 3 - Other Rates
and Allowances;
(b) in other cases, an amount as also set in Item 5 of
Table 3
24. Study Leave
(i) Subject to the terms of this clause an employer may
grant to Medical Officers other than interns study leave without loss of
pay as follows:
For Face-to-Face courses - Half-hour study time for every
hour of compulsory lecture and/or tutorial attendance, up to a maximum
of four hours' study time per week.
Where no Face-to-Face course is provided - A maximum of
four hours' study time per week for a maximum of 27 weeks per year.
(ii) Study leave shall only be granted in respect of a
course -
(a) leading to higher medical qualifications as defined
in clause 3, Definitions; and
(b) in respect of a qualification which when obtained
would be relevant to the needs of the hospital.
(iii) The officer shall submit to the chief executive
officer a timetable of the proposed course of study and evidence of the
officer's enrolment in the course.
(iv) The grant of study leave is subject to the convenience
of the hospital and should not interfere with the maintenance of essential
services nor with patient care.
(v) Periods of study leave granted shall not be taken
into account for the purposes of calculating overtime payments.
(vi) Study leave granted subject to the terms of this
clause may be accrued to a maximum of seven working days for the purpose
of enabling the officer to study prior to a written, oral or clinical examination.
An option to accumulate study leave in terms of this subclause shall be
exercised at the commencement of each academic year, and the officer shall
notify the employer accordingly.
(vii) Officers who have given continuous service of more
than one year, shall be allowed to accrue study leave not taken up to a
maximum of fourteen calendar days.
25. Settlement of Disputes
(i) Where a dispute arises in a particular section which
cannot be resolved between the employees or their representative and the
supervising staff, it shall be referred to the chief executive officer
of the hospital or establishment or his/her nominee, who will arrange for
the matter to be discussed with the employees concerned and a local representative
or representatives of the Association.
(ii) Failing settlement of the issue at this level, the
matter shall be referred to the Human Resources Branch of the Department
of Health, and the Head Office of the Association. The dispute will then
be dealt with pursuant to subclause (v) of this clause.
(iii) Whilst these procedures are continuing, no stoppage
of work or any form of ban or limitation of work shall be applied.
(iv) The Association reserves the right to vary this procedure
where it is considered a safety factor is involved.
(v) With a view to an amicable and speedy settlement,
all disputes that firstly cannot be settled in accordance with subclauses
(i) and (ii) of this clause may be submitted to a committee consisting
of not more than six members with equal representatives of the Corporation
and the Association. Such committee shall have the power to investigate
all matters in dispute and to report to the hospital and the Association
respectively with such recommendation as it may think right and in the
event of no mutual decision being arrived at by such committee, the matter
in dispute may be referred to the conciliation committee.
(vi) This clause shall not interfere with the rights of
either party to institute proceedings for the determination of any matter
in accordance with the Industrial Arbitration Act, 1940.
26. Travelling Allowances
(i) An officer seconded to another hospital may be granted
a daily travel allowance at the rate of the difference between the cost
of travel by public transport to his/her normal place of employment and
travel by public transport to the seconding hospital. Provided that where
an officer drives his/her own vehicle, he/she shall, in lieu, be eligible
for an allowance equivalent to the transport allowance rate payable to
members of the New South Wales Public Service as determined by the Authority
from time to time, for the difference between the distance to his/her normal
place of employment and the distance to the seconding hospital.
(ii) An officer who, with the approval of the chief executive
officer, uses on official business, a motor vehicle maintained primarily
for other than official business, shall be paid the above mentioned allowance
from time to time effective. However, where it is estimated that an officer
will, with the approval of the chief executive officer, be required to
use his/her private vehicle on official business on at least 50 days during
any period of 12 months and during that period aggregate at least 805 kilometres
of official running, he/she shall be paid at the official business rate
prescribed by the Regulation of the Authority at the rate in force from
time to time throughout the year.
(iii) For the purpose of sub clause (ii) travel on official
business:
(a) occurs when an officer is required by the chief executive
officer as part of his/her duty to use his/her motor vehicle to attend
away from his/her normal place of employment or seconding hospital to another
clinic, annexe or hospital. Where an officer travels on official business
direct from his/her place of residence to a clinic annexe or hospital,
other than his/her normal place of employment he/she shall be paid for
the difference between the distance to his/her normal place of employment
or seconding hospital and that other annexe, clinic or hospital;
(b) does not include "call backs";
(iv) Nothing in this clause shall make the employer liable
for the cost of the officer's daily travel to his/her usual and normal
place of employment.
27. Long Service Leave
(i)
(a) Each officer shall be entitled to two months' long
service leave on full pay after ten years' service; thereafter additional
long service leave shall accrue on the basis of five months' long service
leave for each ten years' service.
(b) Where the services of an officer with at least five
years' service as an adult and less than ten years' service are terminated
by the employer for any reason other than the officer's serious and wilful
misconduct, or by the officer on account of illness, incapacity or domestic
or other pressing necessity, he/she shall be entitled to be paid a proportionate
amount for long service leave on the basis of two months' long service
leave for ten years' service.
For the purpose of this sub clause "service as an
adult" means service with an employer during which the officer received
a rate of pay not less than the lowest rates fixed under this Award for
an adult male or adult female, as the case may be, in the same classification
as the officer.
Where some of the service of the officer has not been
under this Award "service as an adult" means - in the case of
a worker employed to do any work for which the price, rate or wage has
been fixed by an award made under the Industrial Relations Act, 1988 or
made under the Industrial Arbitration Act, 1940 or has been fixed by an
industrial agreement made pursuant to or registered under the said Acts,
or an agreement or Award made pursuant to the Public Sector Management
Act, 1988 the period of service during which the remuneration applicable
to the officer was at a rate not less than the lowest rate fixed under
the award, industrial agreement, agreement or Award for an adult male or
adult female in the same trade, classification, calling group or grade
as the officer; or, in the case of an officer being an apprentice the terms
of whose employment are governed by an award application only to apprentices
- the period of service with an employer during which the remuneration
applicable to the officer was at a rate not less than the rate prescribed
by the award covering a journeyman carrying out work in the same trade,
classification, or calling as the officer.
(ii) For the purposes of sub-clause (i) of this clause
(a) "Service" shall mean continuous service
in one or more hospitals. For the purpose of this paragraph, continuous
service shall have the same meaning as in the Transferred Officers Extended
Leave Act, 1961.
(b) Broken periods of service in one or more hospitals
shall count as service subject to the following:
(1) Where an officer after ceasing employment in a hospital
subsequent to the 1st July, 1974, and after he/she has attained the age
of sixty years, any service of that officer before he/she was so re-employed
shall not be counted for the purpose of determining any long service leave
due to that officer in respect of his/her service after he/she was so re-employed.
(2) Where an officer, after ceasing employment in a hospital
is re-employed in a hospital subsequent to the 1st July, 1974, and before
he/she has attained the age of sixty years, any service of that officer
before he/she was so re-employed shall not be counted for the purpose of
determining any long service leave due to that officer in respect of his/her
service after he/she was so re-employed unless he/she has completed at
least five years' continuous service from the date of his/her being so
re-employed.
(c) Service shall not include -
(1) any period of leave without pay except in the case
of officers who have completed at least ten years service (any period of
absence without pay being excluded therefrom) in which case service shall
include any period of leave without pay not exceeding six months taken
after 1st July, 1974;
(2) any period of part-time service, except permanent
part-time service as per clause 4, Salaries, Part C.
(iii) Long service leave shall be taken at a time mutually
arranged between the employer and the officer.
(iv)
(a) On the termination of employment of an officer, otherwise
than by his/her death, an employer shall pay to the officer the monetary
value of all long service leave accrued and not taken at the date of such
termination and such monetary value shall be determined according to the
salary payable to the officer at the date of such termination; provided
that where an officer is transferring from one hospital to another he/she
may, if he/she so desires and by agreement with his/her present employer
and his/her proposed employer, be allowed to retain his/her credit to long
service leave in lieu of payment of the monetary value under this sub clause.
(b) Where an officer who has acquired a right to long
service leave, or after having had five years service as an adult and less
than ten years service, dies, the widow or the widower of such officer,
or ff there is no such widow or widower, the children of such officer,
or if there is no such widow, widower or children such person who, in the
opinion of the employer, was at the time of the death of such officer,
a dependent relative of such officer, shall be entitled to receive the
monetary value of the leave not taken or which would have accrued to such
officer had his/her services terminated as l referred to in sub-clause
(i) (b), and such monetary value shall be determined according to the salary
payable to the officer at the time of his/her death. Where there is a guardian
of any children entitled under this paragraph the payment to which such
children are entitled may be made to such guardian for their maintenance,
education and advancement.
Where there is no person entitled under this paragraph
to receive the monetary value of any leave payable under the foregoing
provisions payment in respect thereof shall be made to the legal personal
representative of such officer.
(iv) Rights to long service leave under this clause shall
be in replacement of rights to long service leave, if any, which at 1st
July, 1974 may have accrued or may be accruing to an officer and shall
apply only to persons in the employ of the employer on or after 1st July,
1974. Where an officer has been granted long service leave or has been
paid its monetary value prior to 1st July, 1974 the employer shall be entitled
to debit such leave against any leave to which the officer may be entitled
pursuant to this clause.
(v) A permanent part time medical officer shall be entitled
to have previous part time service which is the equivalent of at least
two full day's duty per week taken into account for long service leave
purposes in conjunction with full-time or permanent part-time service on
the basis of the proportion that the actual number of hours worked each
week bares to 38 hours, provided that the permanent part-time service merges
without break with the full-time or permanent part-time service.
28. Secondment
NOTE: It is important to note that Clause 28, Secondment,
is only applicable to Medical Officers seconded to hospitals covered by
Regions. It does not apply to Career Medical Officers seconded to hospitals
incorporated within Area Health Services. (See Departmental Circular No.
92/46).
.
(i) Allowance -
An officer, other than an intern, seconded to work in
a 2nd or 3rd schedule hospital shall have his/her salary increased by one
incremental step, by way of allowance, for the period the officer works
in such hospital.
For the duration of the officer's secondment, other than
periods of leave, the allowance shall be treated as salary for the purpose
of calculating overtime and shift penalties
(ii) Travel
An officer referred to in subclause (i) of this clause
shall be allowed a paid journey to Sydney and return by economy class airfare
or equivalent thereof for each period of 7 weeks in the employment of a
2nd or 3rd schedule hospital.
At the discretion of the hospital the paid journey may
be taken in advance. Such travel may be used for the purpose of furthering
the officer's medical education.
* All leave taken during periods of secondment is to be
paid at the medical officer's substantive rate. (See Departmental Circular
No. 92/46).
29. Termination of Employment
Employment may be terminated only by four weeks' notice
given in writing either by the hospital or the officer at any time during
the week or by payment or forfeiture of four weeks' salary as the case
may be, provided that the officer and the hospital may agree to a lesser
period of notice. Nothing in this clause shall prevent the summary dismissal
of an officer for misconduct or neglect of duty.
30. Mobility, Excess Fares and Travelling
For the purpose of this clause accustomed place of work
shall mean the location where an employee is regularly required to commence
duty by the employer.
(1) An employee shall be required to proceed to the accustomed
place of work and return home once on each ordinary working day or shift
in the employee's own time and at the employee's own expense.
(2)
(i) Where an employee is directed to report for duty to
a place of work other than the employee's accustomed place of work the
employee shall travel to and from the alternative place of work in the
employer's time for those periods in excess of time normally taken to travel
to and from the accustomed place of work.
(ii) If the excess of travelling time on a particular
day or shift is greater than the prescribed ordinary hours of duty for
the particular category of staff for that day or shift, then the excess
of hours shall be paid at the ordinary rate of pay to the extent of travelling
time.
(iii) Fares incurred by such employee in excess of the
fares normally incurred in travelling to the employee's accustomed place
of work and returning home from the accustomed place of work shall be reimbursed.
(iv) Where the employee is required to report to an alternative
place of work and has the prior approval of the employer to travel by his/her
own mode of conveyance, the employee shall be paid a kilometre allowance
for kilometres travelled in excess of the kilometres the employee normally
travels between the accustomed place of work and home.The kilometre allowance
will be prescribed from time to time by the Regulation 54 of the Public
Service Regulations.
(3)
(i) Where an employer has determined that an employee
or employees should report to a new accustomed place of work on a permanent
basis, the decision must be discussed with the affected employee(s) and
the local branch of the relevant union(s) prior to notice of changed accustomed
place of work being given.
(ii) The employer shall give the employee reasonable notice
of the requirement to report to a new accustomed place of work. For the
purpose of this subclause "reasonable notice" shall be one calendar
month prior to the date the employee is first required to report to the
new accustomed place of work.
(iii) Where the accustomed place of work is changed on
a permanent basis by the employer, the employee shall report to the new
accustomed place of work on the date specified by the employer.
(iv) If there is disagreement about such a decision after
such discussion or if a significant number of employees are involved, the
matter should be referred to the Department of Health, Division of Employee
and Industrial Relations, which will discuss the matter with the appropriate
union(s) and will determine the date upon which notice will be given to
employee(s).
(4)
(i) The provision of this clause shall not apply to an
employee appointed to regularly perform relief duties or to employees specifically
employed to perform duties at more than one place of work except as provided
in (ii) hereunder
(ii) If a reliever incurs fares in excess of *$5 per day
in travelling to and from the relief site, the excess shall be reimbursed.
Where a reliever, with the prior approval of the employer,
travels by his/her own mode of conveyance and incurs travelling costs in
excess of *$5 per day to and from the relief site, such excess shall be
reimbursed. The rate applicable shall be the kilometre allowance prescribed
from time to time by Regulation 54 of the Public Service Regulations less
*$5.
*This $5 shall be reviewed annually by the Corporation.
(5)
No payment shall be made under this clause unless the
employer is satisfied that the employee has incurred additional expenditure
in having to report to an alternative place of work, at the direction of
the employer.
(6)
Travel to an alternative place of work, either by public
transport or own mode of conveyance, shall in all instances be by the most
direct route.
31. Relocation Expenses
NOTE: Departmental Circular No. 88/248 - this has not
been gazetted.
Where an officer is employed in the public hospital system
within the metropolitan area and applies for and obtains a permanent position
at a country location (being either a position covered by this Award or
a Career Medical Officer position), the costs incurred by the officer in
respect to removal of furniture and effects and conveyancing in the purchase
of a residence are to be refunded by the new employer on the following
basis: -
- At the time the appointment is taken up; 50 % of costs
incurred.
- After one year's service at the country location a further
25% of the costs incurred.
- After two years service at the country location: the
remaining 25%of the costs incurred.
these arrangements become effective in relation to country
appointments made after 1 January, 1989.
32. Labour Flexibility
(i) An employer may direct an employee to carry out such
duties as are reasonable, and within the limits of the employee's skill,
competence and training consistent with employee's classification, grouping
and/or career stream provided that such duties are not designed to promote
deskilling.
(ii) An employer may direct an employee to carry out such
duties and use such tools and equipment as may be required provided that
the employee been properly trained or has otherwise acquired the necessary
skills in the use of such tools and equipment.
(iii)) Any direction issued by an employer pursuant to
subclause (i) and (ii) shall be consistent with the employer's responsibilities
to provide a safe and healthy work environment.
(w) Existing provisions with respect to the payment of
mixed functions/higher duties allowances shall apply in such circumstances.
33. Trade Union Leave
(i) Eligibility
(ii) Paid Special Leave
Paid special leave is available for attendance at:
(a) annual or bi-annual conferences of the delegate's
union; and
(b) meetings of the union's executive/Committee of Management;
or
(c) annual conference of the Labour Council of NSW; or
(d) bi-annual conference of the Australian Council of
Trade Unions.
(iii) Limits
There is no limit on the special leave that could be applied
for or granted. It is expected, however, that the leave would be kept to
a minimum and that, on average, not more than 5 days special leave per
year would need to be taken.
(iv) Responsibilities of the Union Delegate
Responsibilities of the union delegate are:
(a) to establish accreditation as a delegate with the
union;
(b) to provide sufficient notice of absence to the employer;
and
(c) to lodge a formal application for special leave.
(v) Responsibilities of the Union
Responsibilities of the union are
(a) to provide documentary evidence to the employer about
an accredited delegate in sufficient time to enable the employer to make
arrangements for performance of duties;
(b) to meet all travelling, accommodation and any other
costs incurred by the accredited delegate; and
(c) to provide the employer with confirmation of attendance
of the accredited delegate.
(vi) Responsibilities of the Employer
Responsibilities of the employer are;
(a) to release the accredited delegate for the duration
of the conference or meeting;
(b) to grant special leave (with pay); and
(c) to ensure that the duties of the absent delegate are
performed in his/her absence, if appropriate.
(vi) Period of Notice
Generally, dates of conferences or meetings are known
well in advance and it is expected that employers would be notified as
soon as accreditation has been given to a delegate or at least two weeks
before the date of attendance.
Where extraordinary meetings are called at short notice,
a shorter period of notice would be acceptable, provided such notice is
given to the employer as soon as advice of the meeting is received by the
accredited delegate.
(viii) Travel time
Where a delegate has to travel to Sydney, inter or intra
state, to attend a conference or meeting, special leave will also apply
to reasonable travelling time to and from the venue of the conference or
meeting.
No compensation, such as time off in lieu, is to be provided
if travel can and is undertaken on an accredited delegate's non-working
day or before or after his/her normal hours of work.
(ix) Payment of Allowances
No allowances will be claimable in cases of special leave
granted for attendance at union conferences or executive meetings covered
by this Clause. - see also subclause (v) above.
Note: This is not Gazetted but found in Circular No.95/70
34. Higher Grade Duty
An officer who is called upon to relieve continuously
for one week or more in a higher classification and who satisfactorily
performs the whole of the duties and assumes the whole of the responsibilities
of the higher classification shall be entitled to receive the minimum salary
of such higher classification for all such periods of relief.
Note: this clause only app!ies to persons contained in
Part B Table 2 of this award
35. Grading Committee
A Committee of up to three representatives of the Health
Administration Corporation and up to three representatives of the Association
shall be constituted to consider and recommend to the Industrial Commission
of New South Wales upon application by the Association or a hospital:
(i) The grading of any new position or any variation of
grading of a position as a result of any substantial change in duties and/or
responsibilities; and
(ii) the date of the effect of the grading recommended.
Provided that -
(a) an officer shall, whilst the grading of his/her position
is under consideration, be ineligible to be a member of the Committee;
(b) the Committee shall not without sufficient reason,
recommend the retrospective operation of any grading or remuneration; and
(c) where a retrospective date of effect is recommended
such date shall not be earlier than a date six months prior to the date
on which the matter was referred to the Committee.
Note: This clause only applies to persons contained in
Part B Table 2 of this award
36. Area, Incidence and Duration
This Award shall apply to all officers as defined herein,
and shall take effect on and from the beginning of the first pay period
to commence on or after January 1999, and it shall remain in force until
31 December 1999.
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