HEALTHSCOPE – VICTORIA – NURSES and MIDWIVES AGREEMENT 2016-2020
This Agreement shall be known as the Healthscope – Victoria – Nurses and Midwives Agreement 2016-2020 (‘Agreement’).
1) TITLE 2
2) ARRANGEMENT 2
3) DEFINITIONS 3
4) PARTIES BOUND 6
5) SAVINGS CLAUSE 6
6) DATE AND PERIOD OF OPERATION 7
7) RELATIONSHIP WITH AWARD AND OTHER INDUSTRIAL INSTRUMENTS 7
8) DISPUTE RESOLUTION 8
9) DISCIPLINE 9
11) NO EXTRA CLAIMS 11
12) CLASSIFICATIONS AND SALARY INCREASES 11
13) SALARIES 23
14) ACCIDENT PAY 24
15) SUPERANNUATION 25
16) STAFFING - GENERAL 26
17) HIGHER DUTIES 32
18) HOURS OF WORK 33
19) MODES OF EMPLOYMENT 38
20) MINIMUM ENGAGEMENT 42
21) REST INTERVALS & MEAL BREAKS 42
22) ROSTERS 43
23) DAYLIGHT SAVING 46
24) OVERTIME 46
26) SHIFT PENALTIES 49
27) ALLOWANCES 49
28) TRANSMISSION OF BUSINESS 53
29) ANNUAL LEAVE 53
30) LONG SERVICE LEAVE 58
31) PARENTAL LEAVE 64
32) PERSONAL LEAVE 72
33) COMPASSIONATE LEAVE 76
34) BLOOD DONORS LEAVE VOLUNTARY SERVICE AND OTHER LEAVE 77
35) JURY SERVICE 77
36) PUBLIC HOLIDAYS 78
37) PROFESSIONAL DEVELOPMENT LEAVE & ASSOCIATED ENTITLEMENTS 82
38) ORGANISATIONAL CHANGE 83
42) CULTURAL AND CEREMONIAL LEAVE 89
43) FAMILY VIOLENCE LEAVE 89
44) SUPPORT FOR BREASTFEEDING 90
SCHEDULE A – LIST OF HOSPITALS 94
SCHEDULE B –CLASSIFICATIONS, SALARIES AND ALLOWANCES 95
APPENDIX 1 – CLASSIFICATIONS – REGISTERED NURSES 101
APPENDIX 2 – LETTER OF APPOINTMENT 105
APPENDIX 3 – CLINICAL NURSE SPECIALIST CRITERIA 106
APPENDIX 4 – INCORPORATED TERMS 107
In this Agreement except where the context requires otherwise:
a) accredited official of the Union means an officer or employee of the Australian Nursing and Midwifery Federation (‘ANMF’) in respect to all Employees or the Health Services Union (in respect to Enrolled Nurses only) provided they are so named by the Fair Work Commission as parties covered by the Enterprise Agreement.
b) Act means Fair Work Xxx 0000.
c) Allowance rate in relation to an Enrolled Nurse means EN 1.6, calculated by reference to the rates of pay set out in Schedule B of this Agreement. Allowances shall be calculated to the nearest 10 cents, an exact amount of 5 cents in the result going to the higher figure. For convenience, relevant allowances calculated by applying the allowance rate are set out in Schedule B to this Agreement.
d) ANMF means the Victorian Branch of the Australian Nursing and Midwifery Federation.
e) Basic training - means training for initial registration as a Registered Nurse, or initial registration as a Midwife where the Employee was not already registered as a Registered Nurse.
f) Tribunal means the Fair Work Commission.
g) Employee means a Registered Nurse, Enrolled Nurse, Midwife or Registered Nurse Student employed by the Employer.
h) Employer means Healthscope Operations Pty Ltd ACN 006 405 152 of Xxxxx 0, 000 Xx Xxxxx Xx Xxxxxxxxx (‘Healthscope’) in the State of Victoria in relation to the Hospitals listed in Schedule A and any other hospitals acquired or operated by the Employer during the term of this Agreement.
i) Enrolled Nurse means a person registered in Division 2 Enrolled Nurses of the Register of Nurses of the Nursing and Midwifery Board of Australia established by the Health Practitioner Regulation National Law Act 2009 and includes a person:
i) registered in Division 2 Enrolled Nurses of the Register of Nurses of the Nursing and Midwifery Board of Australia established by the Health Practitioner Regulation National Law Act 2009 with a standard condition “may practise only in the area of mothercraft nursing"; or
ii) with an equivalent qualification and role as described in sub-clause 3(i)(i)
i) Experience means paid service whether in Australia or internationally as a registered nurse, midwife or enrolled nurse, following registration by the professional registration body, in a grade at least equal or comparable to the grade in which the Employee is, or is about to be, employed except:
(1) Where an internationally trained nurse or midwife is granted registration by the professional registration body with conditions, previous experience will not be counted whilst the conditions are in place. Experience as defined will count once there are no longer conditions in place.
k) a Year of Experience in this Agreement means:
i) other than in the case of an internationally trained nurse registering in Australia for the first time, an average of three shifts or more per week in a year. If the Employee averages less than three shifts per week or 48 hours per fortnight (whichever is the lesser), the Employee will need to complete an additional year to advance.
ii) in the case of an internationally trained nurse registering in Australia for the first time, an average of at least 48 hours per fortnight. For each year in which the internationally trained nurse averages less than 48 hours per fortnight, the Employee will need to have completed an additional year to advance through each Year of Experience.
iii) For the purpose of being classified under this Agreement, upon commencement with an Employer:
(1) An Employee’s anniversary date is the date the Employee commenced work as a registered nurse, midwife or enrolled nurse following registration either in Australia or internationally (where that international qualification is sufficient to be registered in Australia),
iv) Experience and years of experience are relevant to determining the relevant experience payment only, and
v) The onus is on the Employee to demonstrate the completed years of experience and anniversary date. The Employer may require evidence that would satisfy a reasonable person of the claimed experience with the previous Employer/s.
l) Re-entry Courses and Supervised Experience (Registered Nurses)
i) Where an Employee has not actively nursed for a period of five years or more, such Employee’s prior Years of Experience will not be taken into account.
ii) For the first twelve months after completion of a Re-entry Course or Supervised Experience, where such course or experience is required by the Nursing and Midwifery Board of Australia, nurses will be paid at the rate appropriate to his/her Years of Experience, but no higher than Grade 2, Year 3.
iii) After completion of twelve months’ Experience in accordance with paragraph (ii), a nurse (upon sufficient proof to support a claim for incremental advancement) will be paid at the rate appropriate to his/her Years of Experience.
m) Extended leave includes long service leave, parental leave and long-term WorkCover/WorkSafe/Workers Compensation absences.
n) Hospital Certificate does not include an Employee’s basic training.
o) In-service or post-basic education – for the purposes of
i) the rate of pay applying to a post-basic student - “in-service” or “post basic education” means education undertaken during, and in conjunction with, employment as a Registered Nurse for the purpose of obtaining a post-basic certificate of qualification in:
(1) A course approved by the NMBA for the purposes of endorsement in the nurses register.
(2) A course requiring registration by the NMBA which shall mean maternal and child health nursing, midwifery nursing, psychiatric nursing and mental retardation nursing.
p) Nursing and Midwifery Board of Australia (or NMBA) includes its predecessor bodies;
q) Registered Nurse means a person registered in Division 1 on the Register of Nurses or a person registered as a Midwife on the Register of Midwives of the Nursing and Midwifery Board of Australia established under the Health Practitioners Regulation National Law Act 2009
r) Registered Nurse Student means an Employee registered as a student on the Register of Nurses of the Nursing and Midwifery Board of Australia established under the Health Practitioners Regulation National Law Xxx 0000.
s) Uniform - such apparel as may be required by the Employer.
t) Shiftworker is an Employee who is required to work and who works ordinary hours on week days and on weekends throughout the qualifying twelve months period of service;
u) A ‘Xxxx’ includes, but is not limited to:
i) an operating theatre, or
ii) an emergency department, or
iii) an inpatient care area comprising a cluster of beds within a single geographic space. A xxxx or unit shall not exceed 30 beds for general areas (eg medical, surgical, aged care, midwifery day surgery/day procedure) and 10 beds for specialist areas (e.g., ICU, CCU, HDU) without the agreement of all parties.
iv) A ‘unit’ is a term synonymous with a “xxxx” but may also include non-inpatient or non- bed based services that are geographically or clinically separate, for example x-ray or hospital in the home, endoscopy units.
v) 24 hours a day, seven days per week areas means wards/units/divisions of a hospital campus/facility that have a staffing roster that operates over 24 hours a day for seven days a week.
w) A reference in this Agreement to “hospital” is a reference to the hospital operated the Employer listed in Schedule A to this Agreement.
a) This Enterprise Agreement covers:
ii) all Employees (as defined); and
iii) if they are named by the Fair Work Commission as parties covered by the Enterprise Agreement, each of the Unions as bargaining representatives for this Enterprise Agreement.
a) No Employee shall suffer a reduction in their respective salary or allowances as a result of the implementation of this Enterprise Agreement. However, it is agreed that the Continuing Professional Development Allowance that was payable in the Healthscope Nurses and Midwives Agreement 2012-2016 under Clause 38.7 of that Enterprise Agreement will not be paid after 1 December 2015 as this Allowance has been absorbed into higher base rates of pay that will apply from the first pay period to commence on or after 1 July 2016.
b) An Employee's conditions of employment, other than those provided in this Enterprise Agreement, shall not be altered as consequence of the introduction of this Enterprise Agreement.
a) This Enterprise Agreement shall operate seven days from the date upon which it is approved by the Fair Work Commission.
b) The nominal expiry date of this Enterprise Agreement will be four (4) years from the date of commencement or 1 July 2020, whichever is the earlier. The Enterprise Agreement will continue in force after the expiry date until replaced by a further Enterprise Agreement.
a) This Enterprise Agreement operates to the exclusion of all other industrial Awards or Enterprise Agreements, applicable to Employees, including but not limited to, the Nurses Award 2010 and the Healthscope Nurses and Midwives Agreement 2012-2016 and is not to be read in conjunction with any Award or prior Agreement.
b) In construing this Enterprise Agreement in the event of any ambiguity or uncertainty, primary regard shall be had to any interpretation, decision of ruling in respect of the provision issued when the concerned was contained in the Award or the preceding Agreement.
c) The Schedules and Appendices attached to this Enterprise Agreement form part of this Agreement.
d) Relationship to National Training Wage Award 1994
The relevant terms of the National Training Wage Award that apply as terms of this Agreement are expressly incorporated in Appendix 4.
e) Relationship to National Employment Standard
Entitlements set out in the National Employment Standards (‘NES’) in the Fair Work Xxx 0000 also apply. Where this Enterprise Agreement also has provisions regarding matters in the NES, and the NES is more favourable to an Employee in a particular respect than those provisions, then the NES will prevail in that respect and the provisions dealing with that matter in this Agreement will have no effect in respect of that Employee. The provisions in this Agreement otherwise apply.
f) Advertisement of Position
Any notice, circular or advertisement for a position regulated by this Agreement shall specify the salary grade or sub-grade or level applicable.
a) It is the objective of this procedure to resolve grievances by negotiation and discussion between the parties. The parties to this Agreement recognise that from time to time individual employees may have grievances that need to be resolved in the interest of good relationships. An employee will have the right for grievances pertaining to the employment relationship, including the NES, to be heard through all levels of line management.
b) The employee shall first attempt to resolve the grievance with her/his immediate supervisor.
c) If the employee still feels aggrieved, the matter shall be referred to her/his Manager.
d) If the grievance is unresolved the matter shall be referred to senior management and a meeting arranged.
e) The above four steps shall as far as possible take place within seven days (Health and safety matters are exempt from this clause).
f) If the grievance still exists the matter will be referred to the Tribunal for conciliation and, if necessary, arbitration. Subject to any appeal rights, the parties will accept this decision is final.
g) Until the grievance is determined, work shall continue normally according to the custom or practice existing before the grievance arose. No party shall be prejudiced on final settlement by the continuance of work.
h) An employee may have a representative, including a Union Representative at any time during this process.
i) Should conciliation fail to resolve the matter, the Tribunal shall have the following powers in arbitrating the dispute.
i) Take evidence on oath or affirmation
ii) Give directions in the course of or for the purposes of the hearing or determination of the dispute.
iii) Dismiss any matter or part of a matter, refrain from further hearing or determination of the dispute or part of the dispute if it appears that the dispute is trivial, or further proceedings are not necessary.
iv) Hear and determine the dispute in the absence of the party, who has been notified but have failed to appear
v) Determine the dispute at a place convenient to the parties
vi) Refer any matter to an expert and accept the expert report as evidence.
vii) Allow amendment on such terms as he/she/they consider appropriate, of any application or other document relating to the matter in dispute
viii)Summon before he/she/they; the parties to the dispute, witnesses, and any other person, whose presence there can assist or help in the hearing or determination of the dispute.
ix) Generally give all such directions and do all such things as are necessary or expedient for the speedy and just hearing and determination of the dispute.
j) The Tribunal is empowered by the parties to determine the dispute and to issue directions to the parties as to the appropriate resolution of the matter in the event that either party disagrees with the decision of the single-member of the Tribunal, then the matter can be appealed to a full bench of the Tribunal
a) Where an employer has concerns about the conduct of an employee, or a performance issue that may constitute misconduct, the following procedure is to apply.
b) Investigative procedure
i) The employer will advise the employee of the concerns in question and any allegation in writing and conduct a fair investigation having proper regard to procedural fairness and the factors set out below.
ii) Important procedural factors at this point in time include:
(1) The employer must take all reasonable steps to give the employee a reasonable opportunity to answer any concerns or allegations.
(2) The reason for any interview is to be explained.
(3) The employee is to be provided with any material which forms the basis of the concerns and any allegation against him or her and given a reasonable time to respond.
(4) If the employee raises an issue in his or her response to the employers concerns or allegations, that warrants further investigation, the Employer shall take reasonable steps to investigate the matter.
(5) A reasonable opportunity is to be provided for a support person or representative of the Employee’s choice to attend all interviews or meetings conducted by the employer with the employee.
c) Disciplinary procedure
i) If following the investigation, the employer reasonably considers that the employee’s conduct may warrant disciplinary steps being taken, the employer will notify the employee in writing of the basis of its view and any allegation and meet with the employee.
ii) In considering whether the employee should be disciplined the employer will consider:
(1) whether there is a valid reason related to the conduct of the employee arising from the investigation justifying the disciplinary process;
(2) whether the employee knew or ought to have known that the conduct was below acceptable standards; and
(3) any explanation by the employee relating to conduct
d) Possible outcomes
i) Where it is determined that after following the procedures in this clause that disciplinary action is warranted, the employer may take any of the following steps depending on the seriousness of the conduct:
(1) counsel the employee, with the counselling recorded on the employee’s personnel file;
(2) give the employee a first warning, which will be verbal and a record of the warning recorded on the personnel file;
(3) give the Employee a second written warning in the event that the Employee has previously been given a first warning within the previous 12 months for that course of conduct;
(4) give the Employee a final written warning in the event that the Employee has previously been given a second written warning within the preceding 18 month period for that course of conduct;
(5) Terminate the Employee on notice in the case of an employee who repeats a course of conduct for which a final warning was given in the preceding 18 months, or
(6) Terminate the Employee without notice where the conduct is serious misconduct (as defined for the purposes of the Fair Work Act 2009) that is wilful and deliberate.
ii) In lieu of terminating employment, in cases that may otherwise entitle the Employer to terminate the Employee’s employment, the employer may issue a first and final written warning without following the steps in (1) to (6) above.
e) The employer’s decision and a summary of its reasons will be notified to the employee in writing.
f) If after any warning, other than a first and final written warning in relation to misconduct, a period of 12 or 18 months elapses (as relevant) without any further warning being required, all adverse reports relating to the warning must be removed from the Employee's personnel file.
10) POLICE CHECKS
a) Where an Employee is required by the Employer to satisfy the Employer of his or her police record, the Employer shall reimburse the Employee for any reasonable expenses associated with procuring the police record. The employee to be provided with the original documentation and copies will be retained on the employee's personal file.
b) In considering the content of any police record, the Employer shall afford the employee procedural fairness at all times.
c) The Employer shall have regard the guidelines “On the Record: Guidelines for the prevention of discrimination in employment on the basis of criminal record” issued by the Human Rights and Equal Opportunity Commission as varied from time to time.
a) The Employees and the Employer acknowledge and agree that:
i) this Agreement settles all claims in relation to the terms and conditions of employment of the Employees to whom it applies including all Employees, Union/s and Employer claims made before and during the negotiations leading to the making of this Agreement (whether or not those claims were matters at issue during the bargaining period); and
ii) this Agreement sets out and is intended to set out comprehensively, all of the terms and conditions of employment of the Employees whose employment is subject to the Agreement; and
iii) they will not pursue any extra claims during the term of this Agreement.
b) Subject to the Employer meeting its obligations to consult arising under this Agreement or a relevant contract of employment, it is not the intention of sub-clause 11(a)(iii) to inhibit, limit or restrict an Employer’s right or ability to introduce change at the workplace.
a) Classifications and classifications in grades are set out in Schedule B.
i) Schedule B sets out grades and increments to apply from the first full pay period on or after 30 June 2020. Where there is not a direct alignment of an existing grade or increment, the Employee will translate to the merged grade or increment in the next column on and from that date.
(1) A Nurse Unit Manager will translate to the single NUM rate regardless of years of experience.
(2) A Grade 2 Year 9 immediately prior to 30 June 2020 will translate to Grade 2 Year 7 from the first full pay period on or after 30 June 2020.
b) The salary and allowance increases are set out in Schedule B.
c) A Registered Nurse who at the direction of the Employer undertakes work for all or part of their shift outside the hospital/campus – e.g., domiciliary nursing including Hospital in the Home and Post-Acute Care, the minimum classification will be:
i) exclusively to provide clinical care - Grade 3B.
ii) with additional responsibilities beyond provision of clinical care (e.g., rostering of other staff, allocation of duties to other staff), shall be Grade 4A
iii) responsible for the day to day operation of a HITH/PAC or similar service (however titled) shall be the Nurse Unit Manager/Nurse Unit Manager rate.
iv) Provided specifically that any Employee performing this work immediately prior to the introduction of this Agreement will remain at their current classification where that classification is higher than the classification prescribed above.
d) Registered Nurse Entry Level
i) A Graduate Nurse shall be paid at Grade 1, and when that Graduate Nurse completes his/her graduate year of training shall in the first year be paid as a Registered Nurse Grade 2, Year 1.
ii) An Enrolled Nurse who completes an undergraduate course which leads to registration and is subsequently registered as a Registered Nurse will be paid at the Grade 2 Year level immediately above the weekly salary applicable to that Enrolled Nurse (inclusive of Qualification Allowance where applicable) effective from commencement of employment as a Registered Nurse.
e) Registered Nurse Student
i) Prior to registration, an Employee may be engaged as a Registered Nurse Student and titled a Nurse Affiliate, subject to the following:
(1) A Nurse Affiliate is Student of the Bachelor of Nursing or Bachelor of Midwifery, employed by the Employer to gain a deeper understanding of the clinical environment within the Employer’s Hospitals. The Employer will provide the Nurse Affiliate with direct supervision to ensure quality care and to contribute to the effective functioning of the Unit to which the Employee is assigned.
(2) The tasks performed by a Nurse Affiliate will be limited to the level learnt as part of the curriculum and under direct supervision of a registered Nurse/Midwife.
(3) Nurse Affiliates will be classified at EN 1.1 and the other terms of this Agreement will apply.
(4) The Employer will consult with the ANMF and Employees on affected wards and units prior to the introduction of Nurse Affiliates within a xxxx unit or unit of a Hospital.
f) Research Nurses
i) Meaning of Research Nurse/Midwife
(1) Research Nurse means a nurse or midwife Employee appointed as such by the Employer who:
(a) as a minimum, has either a Diploma in Nursing (Level 1 only) or a Bachelor of Nursing or Midwifery (all levels); and
(b) is directly involved in clinical research-related activities which form the predominant aspect of the Employee’s ongoing, regular duties. Whilst the level of involvement can vary, the level of involvement and its regularity distinguish a Research Nurse/Midwife from other Employees who provide incidental and/or irregular contributions to clinical research trials as part of their normal duties; and
(c) performs their research-related duties in accordance with the Therapeutic Goods Administration (TGA) Note for Guidance on Good Clinical Practice (CPMP/ICH/135/95), the National Health and Medical Research Council (NHMRC) National Statement on Ethical Conduct in Human Research and applicable state/federal privacy laws.
ii) Level 1 Research Nurse/Midwife definition
(1) A Xxxxx 0 Xxxxxxxx Xxxxx/Xxxxxxx
(a) can be an Enrolled Nurse, Registered Nurse or in the case of a Midwife, a Level 1 Research Midwife.
(b) In the case of an Enrolled Nurse will function in accordance with legislation, policies and procedures affecting Enrolled Nurse practice, managing nursing care of individuals and groups within the scope of Enrolled Nurse practice.
(2) A Level 1 Research Nurse/Midwife will be paid at Grade 3A.
(3) A Level 1 Research Nurse/Midwife will:
(a) plan, in collaboration with a more senior Registered Nurse, nursing care in consultation with individuals/groups, significant others and the interdisciplinary care team.
(b) not be responsible for the management or supervision of trials, staff, or budget(s).
(c) be involved with data collection for clinical trial research studies undertaken in the department.
(d) assist in the delivery of direct and indirect clinical-trial-related care of patients within their scope of practice.
(e) work under the supervision of a more senior Research Nurse/Midwife.
iii) Level 2 Research Nurse/Midwife definition
(1) A Xxxxx 0 Xxxxxxxx Xxxxx/Xxxxxxx is a Registered Nurse or Midwife.
(2) A Level 2 Research Nurse/Midwife:
(a) will have responsibility for the delivery of direct and indirect clinical-trial-related care of patients and associated data collection for concurrent clinical trial research studies undertaken in the department.
(b) will not be responsible for the management or supervision of staff, or of budgets.
(c) may coordinate a trial (without responsibility for staff) and/or participate in patient recruitment, ethics application processes and adverse event reporting (as required) together with the provision of education to other team members/patients and families related to a specific research method, protocol or program.
(d) may coordinate more than one trial contemporaneously.
(3) A Level 2 Research Nurse/Midwife will be paid at Grade 3B.
iv) Level 3 Research Nurse/Midwife definition
(1) A Xxxxx 0 Xxxxxxxx Xxxxx/Xxxxxxx is a Registered Nurse or Midwife. .
(2) A Level 3 Research Nurse/Midwife:
(a) has responsibility for the delivery of direct and indirect clinical-trial-related care of patients and associated data collection for concurrent research studies undertaken in the department
(b) may be responsible for the management and supervision of staff and the development of strategies to meet the educational requirements of staff or participants in a trial or trials. This includes the forward planning of resource requirements.
(c) may be responsible for the budget of a research trial or of the research team(s), but not a research department.
(d) has responsibility and accountability for maintaining clinical and research governance and has a clear understanding of organisational processes that exist to support the conduct of good clinical research.
(e) A Xxxxx 0 Xxxxxxxx Xxxxx/Xxxxxxx will be paid at Grade 4A.
(3) Inherent requirements include:
(a) the development and review of standard operating protocols, liaison with external agencies, overseeing and/or participating in patient recruitment, ethics application processes and adverse event reporting (as required).
v) Level 4 Research Nurse/Midwife definition
(1) A Xxxxx 0 Xxxxxxxx Xxxxx/Xxxxxxx is a Registered Nurse or Midwife who:
(a) may have responsibility for the delivery of direct and indirect care and associated data collection for concurrent research studies undertaken in the department.
(b) has overarching responsibility for the management of nursing/midwifery staff in the research department, including the delegation of responsibilities and performance management.
(c) may have overall responsibility for the coordination and budgeting of all trials within the relevant research department, and will ensure the highest standard of care is delivered to research participants and, where relevant, their families, in partnership with all members of the multidisciplinary and research team(s).
(d) has responsibility and accountability for maintaining clinical, staff and research governance.
(e) may be the trial coordinator on appropriate studies.
(f) will have responsibility over protocol budgets within the framework of the research unit overall budget, in consultation with the Principal Investigator and/or relevant Head of Department.
(g) in collaboration with the relevant Head of Department or Principal Investigator, will provide nursing/midwifery leadership, consultancy and advice and will lead the development of quality improvement projects that facilitate develop and maintain frameworks for policy and relevant education.
(2) A Xxxxx 0 Xxxxxxxx Xxxxx/Xxxxxxx will be paid at Level 4B.
g) Enrolled Nurses – Classification
i) Enrolled Nurse Level 1 (EN1)
(1) EN1 applies to Enrolled Nurses who do not hold an NMBA approved qualification in administration of medicines.
(2) This level also applies to nurses formerly known as Mothercraft Nurses who are registered with the NMBA as ENs with notation, and to those who, while not registered as nurses, perform similar work with comparable underpinning education.
(3) Progression - An EN1 will progress through the increments on completion of a year of experience, including previous experience.
(4) There is no automatic progression for an EN1 with a medication administration notation to the EN2 classification.
ii) Enrolled Nurse Level 2 (EN2)
(1) Cert IV Entry - EN Level 2.1 is the entry to practise rate for the first year of experience of an Enrolled Nurse who holds a NMBA approved Cert IV – Nursing [HLT 43407] qualification without prior experience as an Enrolled Nurse. On completion of each year of experience thereafter the employee will progress to the next increment up to and including EN Level 2.6.
(2) EN 2.1 to 2.6 inclusive will also apply to an Enrolled Nurse who holds a NMBA approved qualification in administration of medicines with an Administration of Medication Scope of up to four routes. Experience includes experience as an Enrolled Nurse prior to holding the Administration of Medication qualification.
(3) Diploma Entry - EN Level 2.3 is the entry to practise rate for the first year of experience of an Enrolled Nurse who holds a NMBA approved Diploma of Nursing [HLT 51607] qualification without prior experience as an Enrolled Nurse. On completion of each year of experience thereafter the employee will progress to the next increment up to and including EN 2.7
(4) EN 2.3 to 2.7 inclusive also apply to an Enrolled Nurse who holds a NMBA approved qualification in administration of medicines with an Administration of Medication Scope of all five routes. Experience includes experience as an Enrolled Nurse prior to holding the Administration of Medication qualification.
(5) Progression - an EN2 will progress through the increments on completion of a year of experience, including previous experience.
(6) There is no automatic progression for an EN2 to the EN3 classification.
iii) Enrolled Nurse Level 3 (EN3)
(1) EN3.1 applies to an Enrolled Nurse who does not hold a NMBA approved qualification in administration of medicines but who meets the criteria in sub-clause (v) below
(2) EN3.2 applies to an Enrolled Nurse with an Administration of Medication Scope of up to four routes and who meets the criteria in sub-clause (v) below
(3) EN3.3 applies to an Enrolled Nurse who holds a NMBA approved qualification in administration of medicines with an Administration of Medication Scope of up to five routes and who meets the criteria in sub-clause (v) below or has completed an Advanced Diploma
(4) They may undertake roles in specific specialist domains such as Education, Quality and Liaison roles, including leadership. They may work in community settings, functioning independently within the scope of broad directions
(5) Progression – An EN3 will progress through the increments on completion of a year of experience, including previous experience.
(6) Community Mental Health – Despite any other criteria in this clause, EN3 is the minimum classification for enrolled nurses working in a community mental health setting
iv) Recruitment and appointment to EN (new or vacant positions)
(1) An Employer may advertise an EN vacancy as an XX0, XX0 or EN3 position, dependent upon the role.
(2) A position will be advertised at EN3 where the work to be performed by the successful applicant is intended to include four or more of the criteria in clause (vi).
(3) Appointment of an EN1 will only occur where the successful applicant does not hold a NMBA approved qualification in administration of medicines.
(4) Appointment of an EN2 will be subject to the successful applicant having a NMBA approved qualification in administration of medicines. The successful applicant will be remunerated at the EN2 level consistent with the number of routes of their Administration of Medication Scope.
(5) Appointment to EN3 position will apply where:
(i) The successful applicant has applied for a position advertised as EN3; or
(ii) A decision is made on interview to classify the applicant as EN3; or
(iii) The successful applicant provides acceptable evidence that they are an existing EN3. Acceptable evidence includes:
1. Payslip; or
2. Certificate of Service; or
3. Letter of appointment.
v) Enrolled Nurse Level 3 Advancement Criteria
(1) To meet the advancement criteria, an Enrolled Nurse is to meet both (2)(a) and either of (2)(b) or (2)(c) below before making an application.
(2) The eligibility criteria are:
(a) Can provide evidence of achievement of four out of the ten Advanced Enrolled Nurse Level 3 Competency Standards below;
(b) A minimum of four years post registration experience as an Enrolled Nurse; OR
(c) A post registration qualification (of at least 6 months or 200 hours duration), a component of which is relevant to the role.
vi) Advanced Enrolled Nurse Level 3 Competency Standards:
(1) The following are examples of competency standards that meet the criteria in clause (v)(2)(a) [Explanatory note - The parties recognise that additional opportunities may exist that are comparable in terms of skill or responsibility to those below. A lack of opportunity to meet sufficient standards is not to be used as a rationale for denying an employee classification at EN3.]
(2) Contributes to the education of new graduate Enrolled Nurses and/or Trainee Enrolled Nurses. For example, the Advanced Enrolled Nurse may precept or mentor new graduate Enrolled Nurses, and/or Trainee Enrolled Nurses or contribute to the performance appraisal of less experienced Enrolled Nurses;
(3) The Enrolled Nurse is involved in committees and working parties within and/or beyond the work unit;
(4) Assists in the coordination of delegated activities of other staff under the guidance and direction of the Registered Nurse. For example, guides and supports activities of other Enrolled Nurses.
(5) Act as a resource to others. For example, may take responsibility for a specific task, such as equipment maintenance schedules, budgets, rosters or stock control.
(6) Contributes to quality improvement within their work area or the workplace and/or changes in enrolled nursing practice initiatives. For example, identifies risks and potential outcomes during assessments or identifies and implements harm minimisation strategies.
(7) Practises using specialised or advanced knowledge and skills in a clinical area within the enrolled nursing scope of practice. For example, applies acquired knowledge in wound or continence management or dementia or child or family health care in the provision of care.
(8) Modifies practice to accommodate patient/client health care needs of individuals and groups in different environments. For example, contributes to effective utilisation of nursing resources in the context of changing workloads or responds effectively to changes in clinical situations.
(9) Undertakes an additional responsibility either individually or as part of a clinical/quality team e.g. resource nurse, occupational health and safety rep, No- lift/back attack/smart moves/back off/ back 4 life portfolio, alcohol and other drugs portfolio, continence resource officer, ACFI officer, infection control, falls prevention, pressure ulcer prevention, mental health portfolio, rehabilitation program co-ordination, Quality Improvement activities.
(10) Is aware of and functions in accordance with legislation, policies and procedures affecting enrolled nursing practice. For example, able to discuss the implications of Acts and legislation governing practice.
(11) Actively participates in team leadership and decision making. For example, participates in quality improvement activities or orientates new staff to local practices.
(12) Practises using specialised or advanced knowledge and skills in a clinical area within the enrolled nursing scope of practice. For example, applies acquired knowledge in child and family health care, recovery and rehabilitation, management of clinical aggression (MOCA), dementia care or other specific areas of clinical practice consistent with their educational preparation;
vii) Portability of EN3 classification
(1) An Enrolled Nurse classified at EN3 shall be paid for all hours worked at the EN3 classification and continue to be employed at Xxxxx 0 across Healthscope facilities.
(2) Evidence required to demonstrate EN3 to a new Employer shall be any one of the following:
(a) Payslip; or
(b) Certificate of Service; or
(c) Letter of appointment
viii) Applications for advancement to EN3
(1) Application principles
(a) The process for applications for Enrolled Nurse Level 3 should ensure that applicants have equal opportunity to demonstrate their suitability.
(b) Applicants should have reasonable access to the same information relevant to the Level 3 criteria.
(c) No restrictions, other than the set eligibility requirements, are to apply.
(d) Potential applicants should be allowed reasonable time to prepare for the process.
(2) Application process
(a) Applications will be considered by the Employer twice per year. Applications will open for a period of 14 days.
(b) Written applications are to be made to the Nurse Unit Manager (or equivalent position).
(c) The written application must address the criteria in this Agreement, including:
(i) evidence of achievement of four out of ten of the Advanced Enrolled Nurse Level 3 criteria; and
1. A minimum of four years post registration experience as an Enrolled Nurse;
2. A post registration qualification (of at least 6 months or 200 hours duration), a component of which is relevant to the role
(d) Interviews, if required:
(i) Will be held within 10 days of the closure of applications.
(ii) Will be conducted at the local level by the NUM (or equivalent position) and may also include up to two other nursing staff such as an ANUM or Nurse Educator.
(iii) Must relate directly to the Advanced Enrolled Nurse Level 3 criteria, and the supporting evidence within the application.
(e) The Enrolled Nurse will be notified in writing of the outcome within 7 days of the closing of applications, or where there is an interview, within 7 days after the interview.
(f) For successful applicants, re-grading will apply from the date of application and be payable from the next fortnightly pay period after notification of a successful application.
(g) If the application is unsuccessful, the Employer is to provide detailed written feedback aligned with the criteria, with a supportive development plan to be commenced to assist the Enrolled Nurse in any future application.
(3) In this clause 'year of experience' has the meaning provided by sub clause 3(k)
h) Trainee Enrolled Nurse Application
i) This clause applies only to the employment of a Trainee Enrolled Nurse undertaking a Diploma of Nursing in Traineeship mode where that Trainee at any time during their Training Contract forms part of meeting nursing workload. A Trainee may only form part nursing workload in accordance with this Clause
ii) A Trainee who is initially engaged to be supernumerary at all times during their Training Contract, but subsequently forms part of meeting nursing workload, will for the entirety of their Training Contract be treated as a Trainee in accordance with (vi) below.
Note: example - a Trainee is engaged under the YES program who was intended to be totally supernumerary to normal nursing workload arrangements for the duration of their Training Contract is subsequently utilised by the Employer to meet nursing workload in accordance with clause (vi) when this was not anticipated at the commencement of the Training Contract.
(1) Approved Training means that training which is specified in the Training Plan which is part of the Training Agreement registered with the relevant State or Territory Training Authority. It includes training undertaken both on and off-the-job in a Traineeship and involves formal instruction, both theoretical and practical, and supervised practice. The training reflects the requirements of a National Training Package or a Traineeship Scheme and leads to a qualification under the Australian Qualification Framework.
(2) Trainee is an individual who is a signatory to a training agreement registered with the relevant Victorian Training Authority and is involved in paid work and structured training which may be on or off the job. “Trainee” does not include an individual who already has the competencies to which the traineeship is directed.
(3) Traineeship means a system of training which has been approved by the relevant Victorian Training Authority, or which meets the requirements of a National Training Package developed by a National Industry Training Advisory Board and endorsed by the National Training Framework Committee, which leads to an Australian Qualifications Framework qualification specified by that National Training Package, and includes full time traineeships and part time traineeships including school-based traineeships.
(4) Training Agreement means an agreement for a Traineeship made between an Employer and a trainee which is registered with the relevant Victorian Training Authority.
iv) Training Conditions
(1) The Employer shall provide a registered nurse mentor to each Trainee during the traineeship period.
(2) The Employer shall ensure that there is appropriate nurse education support available to those Trainees.
v) Employment Arrangements
(1) A Trainee Enrolled Nurse who immediately prior to commencing the traineeship was an existing employee of the Employer shall, in the event their Traineeship is terminated by the Employer for other than serious and willful misconduct, revert to their pre-traineeship position.
(2) Where the employment of a Trainee is continued after the completion of the traineeship period, such employment period shall be counted as service for the purposes of this Agreement or any other legislative entitlement.
vi) Employment Conditions for Trainees
(1) The rates of pay for Trainee Enrolled Nurse wages engaged pursuant to this Clause shall be in accordance Schedule B, and shall be the basis for the calculation of overtime and/or weekend rates prescribed by this Agreement.
(2) A Trainee, whether full or part-time, will be permitted to be absent from work to attend clinical placements without loss of weekly salary or diminution of accrued leave entitlements.
(3) All the terms and conditions of this Agreement that are applicable to a Enrolled Nurse shall apply unless specifically varied by this Clause, with the exception of 1 day per annum of Conference/Seminar Leave.
(4) A Trainee will not be on-call during the period of their Training Contract
(1) A Trainee Enrolled Nurse shall be rostered so as to provide an 8 hours break before and after attending Approved Training or clinical placement.
(2) Trainee positions are additional to existing positions. No existing Employee will lose employment as a result of the introduction of Trainees. An Employer will not dispense with the services of Employees for the purposes of appointing a Trainee before or after that appointment
viii) Patient Allocation
(1) A Trainee Enrolled Nurse does not, other than in accordance with sub-clause (viii)(2) and (3), count towards meeting nurse workload in this Agreement.
(2) On successful completion of 75% of the Traineeship, including any credited Recognition of Prior Learning, a Trainee Enrolled Nurse will count as an Enrolled Nurse in meeting workload in respect of patients. Provided that there will be no more than one Trainee per am and one Trainee per pm shift per xxxx/unit.
(3) Where the trainee completes the qualification in the Training Contract to the satisfaction of the Nursing and Midwifery Board of Australia earlier than the time specified in the Training Contract then the Trainee shall be considered a full Enrolled nurse for the purposes of the nurse workload and the Agreement terms and conditions for the duration of the Training Contract.
a) Employees shall be paid the weekly salaries as set out in Schedule B corresponding to that Employee’s classification in accordance with Schedule B - Classification in grades.
b) Payment of salaries
i) Salaries shall be paid during working hours on a week day being not more than five days following the end of the pay period provided that:
(1) when a Public Holiday occurs between the end of the pay period and the usual pay- day, payment may be postponed by one day for each Public Holiday so occurring during that period but payment must still be made on a week day (the expression pay-day in this clause includes the week day designated as a pay-day pursuant to this proviso);
ii) an Employee shall be supplied at the time of receiving his or her pay with a statement in writing in accordance with Regulations of the Fair Work Xxx 0000 (Cth).
iii) Upon request from an employee the employer will provide detail related to current accruals of leave.
c) Salary Packaging
i) All Employees covered by this Agreement will have access to salary packaging arrangements as follows.
ii) By agreement with the Employee, the current salary specified in Schedule B, may be salary packaged in accordance with the Employer policy on salary packaging.
iii) The Employee shall compensate the Employer from within their salary, for any FBT incurred as a consequence of any salary packaging arrangement the Employee has
entered into. Where the Employee chooses not to pay any of the costs associated with their salary packaging, the Employer may cease the Employee’s salary packaging arrangements.
iv) The parties agree that in the event that salary packaging ceases to be an advantage to the Employee (including as a result of subsequent changes to FBT legislation), the Employee may elect to convert the amount packaged to salary. Any costs associated with the conversion to salary shall be borne by the Employee and the Employer shall not be liable to make up any benefit lost as a consequence of an Employee’s decision to convert to salary.
v) The Employee shall be responsible for all costs associated with the administration of their salary packaging arrangements, provided that such costs shall be confined to reasonable commercial charges as levied directly by the external salary packaging provider and/or in-house payroll service (as applicable), as varied from time to time.
vi) The Employer recommends that Employees who are considering salary packaging seek independent financial advice. The Employer shall not be held responsible in any way for the cost or outcome of any such advice and furthermore, the parties agree that the Employee shall pay for any costs associated with salary packaging.
vii) Superannuation Guarantee Charge contributions paid by the Employer into an approved Fund will be calculated on pre-packaged salary.
a) Where an Employee is absent from duty as a result of sustaining an injury in respect of which the Employee is entitled to weekly payments of compensation under the Workplace Injury Rehabilitation and Compensation Xxx 0000, the Employee will, except where otherwise provided in clause (b) below, be entitled to accident make-up pay equivalent to their average earnings (as defined in sub-clause 15(e)(iii) less the amount of weekly compensation payments.
b) Payment - maximum entitlement
i) The Employer will continue to provide accident make-up pay to the Employee:
(1) for a period of 39 weeks, or an aggregate of 195 working days, unless employment ceases
(2) or when the benefits payable under the Workplace Injury Rehabilitation and Compensation Xxx 0000 cease.
ii) Provided that in the case of the termination of employment by an employer of an employee who is incapacitated and who except for such termination would be entitled to accident pay, accident pay shall continue to apply subject to the provisions of this clause except in those cases where the termination is due to serious and/or wilful misconduct on the part of the employee.
iii) In order to qualify for the continuance of accident pay on termination an employee shall if required provide evidence to the Employer of the continuing payment of weekly employees compensation payments
The subject of superannuation is dealt with extensively by federal legislation which prescribes the obligations and entitlements regarding superannuation. This clause is ancillary to and supplements those provisions.
In this clause:
i) default fund means the HESTA superannuation fund (or its successor) while it provides a “MySuper product” as defined by the Act.
ii) preferred superannuation fund means a fund that meets the definition of a superannuation fund in the Superannuation Guarantee (Administration) Xxx 0000 (Cth).
b) Existing Employees
Where an Employee was employed prior to the commencement of this Agreement, the Employer will continue to make superannuation contributions to the Employee’s current superannuation fund. An Employee may elect to have the Employee’s contributions made to the Employee’s preferred superannuation fund.
c) New Employees
i) The Employer will offer to make superannuation contributions on behalf of an Employee to:
(1) the Employee’s preferred superannuation fund
(2) HESTA (or successor), or
(3) First State superannuation funds (or successor).
d) New Employee does not nominate fund
If the Employee does not nominate a fund, the Employer will pay the Employee's superannuation contributions to the default fund.
e) Calculation of superannuation contributions
i) Superannuation contributions paid by the Employer will be calculated and paid on:
(1) ordinary time earnings as defined in the Superannuation Guarantee (Administration) Xxx 0000 (Cth) calculated on the Employee’s pre salary packaging earnings
(2) Where the Employer is obligated to contribute to a defined benefit superannuation scheme on behalf of an employee, then any additional amounts consistent with the trust deed of the superannuation fund.
ii) The Employer will contribute to the Fund, on behalf of each Employee, at the rate determined by relevant superannuation guarantee legislation of ordinary time earnings, up to the maximum age and earnings prescribed by the aforementioned legislation.
iii) ‘Ordinary time earnings’ means the actual ordinary rate of pay the Employee receives for ordinary hours of work including all allowances and loadings (but not annual leave loading), including those applying to qualifications, shift work, casual work, public holidays and weekends.
iv) Contributions will be forwarded to the Fund each month by the Employer
v) Contributions to the Fund will continue to be paid while the Employee is absent on paid leave or while the Employee is receiving workers’ compensation make-up payments.
vi) Where an Employee wishes to make voluntary contributions to the Fund, the Employee may authorise the Employer to deduct from the Employee’s wages an amount specified by the Employee. Voluntary contributions deducted under this provision will be forwarded to the Fund by the Employer at the same time as the Employer’s contributions made under sub-clause (e)(iv)
vii) An Employee may make an agreement with the Employer for salary sacrifice.
(1) The Employee must specify an amount or a percentage of ordinary time earnings by which his or her salary is to be reduced (‘the salary sacrifice’).
(2) The salary sacrifice will be deducted from the Employee’s salary and contributed by the Employer to the Fund each month.
(3) The Employer will continue to calculate the contributions required by clause (e) above and the Superannuation Guarantee (Administration) Xxx 0000 on the basis of the Employee’s ordinary time earnings before the salary sacrifice is deducted.
(4) Salary sacrifice deductions will be made during a period of paid leave and the Employee will receive the rate of pay specified under this agreement less the salary sacrifice deduction.
(5) Calculation of salary for the purpose of leave accruals and other payments due on termination of employment shall be calculated on a rate of pay which includes the salary sacrifice contributions.
(6) The Employee may revoke the salary sacrifice agreement or alter the amount to be deducted twice in each calendar year.
a) The Employer is committed to ensuring that staffing levels are appropriate, in order to ensure the delivery of high quality patient care. The parties agree that existing flexibility in respect of staffing will be maintained. The current practice of staffing based on collaboration between Nursing Administration and Xxxx/Unit Management will continue on a shift basis, taking into account both occupancy and patient acuity.
b) The Employer will endeavour to ensure that unexpected admissions do not prohibit the delivery of good nursing care. Should any nurse in any one xxxx or unit feel the workloads are unreasonably heavy, on a regular basis, then they have a responsibility to discuss their concerns with their nurse manager. If appropriate action is not taken to address the workload issues, the nurse is responsible for informing the Director of Nursing who will inform the ANMF if any nurse so requests.
The Employer and Employees (through the ANMF) agree, during the life of the Agreement, to actively review a range of workload matters including staffing levels generally, management during periods of higher than usual demand and a range of rostering matters (including replacement of absences). Any changes to the operation of the Agreement will be subject to a further ballot of Employees.
c) Registered Nurse - Nurse Unit Manager
i) there must be an equivalent one (1) EFT Nurse Unit Manager appointed in each xxxx/unit of each campus/facility of each hospital; or
ii) two (2) or more part-time Nurse Unit Managers may be appointed so long as one EFT of Nurse Unit Manager hours are worked in the shared position.
iii) The Employer acknowledges that in circumstances described in the overtime clause NUM workloads may dictate utilisation of overtime.
d) Registered Nurse - Associate Nurse Unit Managers
i) Associate Nurse Unit Managers (‘ANUM’) are appointed to undertake in-charge functions during the off duty periods of the Nurse Unit Manager. Subject to the exceptions below, this rate shall be deemed to include the performance of the in-charge function during the off duty periods of the Nurse Unit Manager.
ii) When the Nurse Unit Manager is absent for in excess of five days, the relieving ANUM shall be paid at the minimum rate for the Nurse Unit Manager for the entire period of relief and another Registered Nurse who consequently acts in a higher position shall be similarly paid at the minimum rate of that higher position for the entire period of relief.
iii) In all 24 hours a day, seven days per week wards there must be five EFT ANUM shift positions available for appointment, and four out of the five of the positions must be permanently appointed.
iv) Nothing in any of these provisions prevents ANUM positions being either full-time or part-time.
v) The 5th EFT of ANUM may be permanently appointed to, or may be utilised to provide non-appointed nurses with experience as an ANUM.
vi) Where a minimum of four EFT of ANUMs are permanently appointed, and a Registered Nurse other than an ANUM is required to act in charge during the off duty period of a Nurse Unit Manager (which event shall be the exception to the rule), such Registered Nurse shall be paid at the minimum rate applicable to the ANUM position which would normally be in charge on that shift.
vii) Where due to recruitment difficulties or delays or to circumstances beyond an Employer’s control less than four EFT of ANUMs are permanently appointed and a Registered Nurse, other than an ANUM, is required to act in charge during the off duty period of a Nurse Unit Manager (which event shall be the exception to the rule) the Registered Nurse shall be paid at the minimum rate for the Nurse Unit Manager for the entire shift.
viii)Sub-clause (vii) does not apply to a Registered Nurse who is required to act in charge in the following circumstances:
(1) where an ANUM in whose place the Registered Nurse acts, is on any form of leave; or
(2) for a reasonable period as agreed pursuant to (vii)(x) below during which a replacement ANUM is sought to be employed to fill a vacancy created by the termination of employment of an ANUM in whose place the Registered Nurse acts.
ix) In the circumstances set out in sub-clause (viii) the Registered Nurse acting in charge will be paid at the minimum rate applicable to the ANUM position which would normally be in charge of that shift.
x) Where an Employer experiences difficulties in recruiting Employees to permanent ANUM positions despite having taken reasonable and practical steps to fill the position(s), the Employer shall contact the ANF at the earliest opportunity. The ANMF and the Employer may then discuss and agree on alternative arrangements. Any agreement reached will be recorded in writing.
e) Non 24/7 wards
The Employer is to appoint an ANUM to cover all off duty periods of the Nurse Unit Manager and, if a Registered Nurse who is not an appointed ANUM is required to act in charge during the off duty period of a Nurse Unit Manager (which event shall be the exception to the rule) the Registered Nurse shall be remunerated at the minimum rate for the Nurse Unit Manager for the entire shift.
f) Higher Duties for Associate Nurse Unit Managers
Despite the Higher Duties clause of this Agreement and provided that sub-clause (d)
above is complied with, a Registered Nurse who relieves in a position classified at
Associate Nurse Unit Manager will be paid at the minimum rate for that classification only where she/he is engaged for the full day or shift in that classification.
g) Registered Nurse - Director of Nursing
Despite any other provisions of this Agreement, each hospital must employ an equivalent full-time Director of Nursing (“DON”).
h) Registered Nurse - After Hours Coordinator/Hospital Coordinator
i) A Registered Nurse shall be appointed to be in charge of each hospital in all off duty periods of the DON.
ii) The Nurse so appointed shall be known as the After-Hours Nurse Coordinator or Hospital Coordinator and be classified at Grade 5.
i) Registered Nurse– Clinical Nurse Specialist
The Clinical Nurse Specialist (“CNS”) classification shall be available to all Registered Nurses whether employed full time or part time who meet the criteria below:
i) A CNS is defined as a Registered Nurse appointed to the grade with either specific post basic qualifications and 12 months’ experience working in the clinical area of her/his specified post basic qualification, and is responsible for clinical nursing duties, or minimum of four years’ post registration experience, including three years’ experience in the relevant specialist field.
ii) Applicants must meet the above definition, be employed either full time or part time and demonstrate one criterion in each of paragraphs 1, 2 and 3 of Appendix 3.
iii) The process for applications for CNS positions will be as follows:
(1) CNS applications will take place quarterly.
(2) The Employer will arrange for regular times for application – up to four times per year. This information to be permanently available for nursing staff.
(3) Written application to be made to the Nurse Unit Manager.
(4) Interview if required will be by Nurse Unit Manager, Associate Nurse Unit Manager or Educator and one another
(5) The successful applicant will be notified in writing within seven days. The pay office will be informed of the new classification at the same time, with implementation to occur from the next pay period.
(6) If the applicant is unsuccessful, they are to be notified of the outcome within seven days. An explanation will be given to the applicant as to the reasons for the decision.
j) Classification Structure
The following provision shall apply to Healthscope Hospitals
(1) Beds - shall mean Registered Beds.
(2) Supernumerary - shall mean a Registered Nurse who does not have any direct patient or xxxx responsibilities.
(3) Compulsory Rostered Nursing Staff On Call - shall mean the following:
(a) That there are registered nursing staff rostered on call.
(b) These staff must be capable of reaching the hospital within an acceptable time when called in.
(c) These staff must be called in if:
(i) The hospital is notified of the pending arrival of a woman in labour, a casualty patient or other unforeseen requirement arises, or
(ii) A woman in labour or a casualty patient arrives at the facility.
(d) Staff on call must be paid on call allowance prescribed by this Agreement. Provided further that staff on call must be paid the recall allowance as prescribed by this Agreement when recalled to duty.
(4) Single Service Delivery Hospital - shall mean a Hospital which provides one or more of the following services to patients: Medical, Surgical, Rehabilitation, Psychiatric, etc.
(5) Multiservice Delivery Hospital - shall mean a Hospital which provides a "midwifery" service in addition to any one or more of the following services: Medical, Surgical, Rehabilitation, Psychiatric, etc.
(6) Advanced Multi Service Delivery Hospital - shall mean a Hospital which provides a "casualty" service in addition to any one or more of the following services: Midwifery, Medical, Surgical, Rehabilitation, Psychiatric, etc.
ii) Permanent appointments
All "in-charge" employees must be permanently appointed to the "in-charge" positions covered by this clause either on a full-time or part-time basis (excluding employees who relieve in these positions for the purposes of personal leave, annual leave and long service leave).
iii) Classification levels
(1) The reference to Grade 5 positions in the classifications levels relates to the classification of After Hours Coordinator/Hospital Coordinator.
(2) The ANUM positions referred to in this clause shall only relate to wards or units which are operational.
iv) Service delivery types Single service delivery
i.e., Medical/Surgical/Rehabilitation/Psychiatric, etc. (Primarily Elective Admissions):
2 or more Wards
30 beds or less
DON & NUM
DON NUM & NUM etc.
5 & ANUM
5 & ANUM
v) Multi service delivery
i.e., Medical/Surgical/Midwifery/Extended Care or any other combination which includes Midwifery:
2 or more Wards
2 or more Wards
30 beds or less
AM Director of
DON NUM NUM etc.
5(Supernumerary) ANUM ANUM
5 (Supernumerary) ANUM ANUM
staff on call
rostered staff on call
vi) Advanced multi service delivery
i.e., Medical/Surgical/Midwifery/Extended Care or other combination which includes Casualty:
1 or 2 Wards
2 or more Wards
20 beds or less
AM Director of Nursing
Compulsory rostered staff on call
Compulsory rostered staff on call
Compulsory rostered staff on call
vii) Saturday and Sunday shifts
The classification levels prescribed in this clause shall also apply on all weekend shifts provided that, in the absence of the Director of Nursing on the AM Shifts, the Registered Nurse in charge is to be paid at the After Hours Coordinator level.
k) Skill Mix
i) The skill mix of Registered Nurses to Enrolled Nurses in each unit shall, as far as is reasonably practicable, be 70/30.
ii) The Employer and the ANMF agree to ensure that the role of the medication endorsed Enrolled Nurse is supported by appropriate policies and to ensure that all Employees understand the role of the Enrolled Nurse in the context of delegation.
iii) Where delivery suite related maternity services are actively being provided to delivering patients, the Employer will make every practicable effort to ensure not less than two Employees on duty will be Registered Midwives.
a) Subject to sub-clauses 16(d) and 17(b) any Employee (except a Deputy Director of Nursing, a Deputy Principal Nurse Educator or a Principal Nurse Educator) engaged in any one day or shift for more than two hours on duties carrying a higher rate than the classification in which she/he is ordinarily employed shall be paid for the full day or shift at the minimum rate for that higher classification but if so engaged for two hours or less only the time so worked shall be paid for at that higher rate.
b) A Deputy Director of Nursing, a Deputy Principal Nurse Educator or a Principal Nurse Educator who is called upon to relieve an Employee in a higher classification for a period in excess of five days, shall be paid at the minimum of that higher classification for the entire period of relief.
a) Hours for an ordinary weeks work
i) The hours for an ordinary week’s work shall be 38, or be an average 38 per week in a fortnight or in a four week period (or by mutual agreement, a five week period in the case of an Employee working ten hour shifts) and shall be paid either:
(1) in a week of five days in shifts of eight hours each for existing employees who work a 19 day month, with one ADO per month;
(2) where the employee does not receive an ADO, in a week of five days in shifts of 7.6 hours.
(3) by mutual agreement in a week of four days in shifts of ten hours each; or
(4) Subject to 18(e), by mutual agreement, provided that the length of any ordinary shift shall not exceed ten hours; or
(5) in 76 hours per fortnight to be worked as not more than ten days of eight hours each; or
(6) in 152 hours per four week period to be worked as nineteen days each of eight hours; or
(7) in the case of an Employee working 12 hour shifts under sub-clause 18(e), 228 hours per six (6) week period with no more than 84 hours worked in a fortnight; or
(8) in all cases where an Employee works night shift, a shift of 9, 9.5 or 10 hours duration.
b) Subject to the roster provisions of this Agreement, not more than 48 ordinary hours be worked in any week.
c) The following conditions apply to a full time employee who currently has an accrued day off in each four or five week roster cycle:
i) a full-time Employee rostered to work on shifts of eight hours duration will work 152 hours in each four week roster cycle to be worked as 19 days each of eight hours with an accrued day off in each four week roster cycle; and
ii) a full-time Employee rostered to work on night shifts of 10 hours duration will work 190 hours in each five week roster cycle to be worked as 19 shifts each of 10 hours with an accrued day off in each five week roster cycle.
d) Days off
i) All employees shall receive at least one clear day off in each week in the case of day-shift employees and one clear night off in each week in the case of night-shift employees.
ii) Provided that during any working period not exceeding three consecutive weeks, the day or night off may, with the approval of the Director of Nursing, be allowed to stand over, and be taken at a time mutually agreed upon in any one consecutive period equivalent to one day or night, as the case may be, for each week in the period concerned.
iii) Wherever practicable, Healthscope will endeavour to provide Employees with four clear days per fortnight free of on-call or duty.
e) 12 Hour Shift Roster Arrangements Participation in 12-Hour Shift Roster
i) An Employee may elect to participate, or not to participate, in the 12 Hour Shift Roster subject to the provisions of this clause. Participation in the 12 Hour Shift Roster is at the sole discretion of the individual Employee. Pressure or coercion to participate or not to participate in the 12 Hour Shift Roster is strictly prohibited.
ii) An Employee who wishes to participate in the 12 Hour Shift Roster shall advise their Nurse Unit Manager in writing that they wish to do so. The Employee shall then be entitled to commence working 12-hour shifts in the next roster period, provided that a minimum of 8 weeks’ notice is given to the Nurse Unit Manager. Earlier commencement to work 12-hour shifts may occur by agreement between the Employee and Nurse Unit Manager.
iii) A student, with the agreement of the NUM, who wishes to participate in the 12 Hour Shift Roster shall advise their Nurse Unit Manager in writing that they wish to do so and will be rostered a minimum of two 12-hour shifts per week. Additional 12-hour shifts may be accommodated at the student's request and in accordance with roster needs, or they may opt to work the 7.5 and 9.5 hours part time and 7.6 hours full time roster.
iv) An Employee may cease working 12-hour shifts by advising the Nurse Unit Manager to that effect in writing. A full roster period of notice to cease working 12-hour shifts should be provided to the Nurse Unit Manager except in unusual or exceptional circumstances. If less than a roster period of notice is given, the Nurse Unit Manager shall endeavour to accommodate the Employee's request, with agreement not to be unreasonably withheld.
v) Any Employee ceasing 12-hour shifts shall revert to the shift arrangements that applied to that Employee immediately prior to commencing 12-hour shifts, unless otherwise mutually agreed. An Employee without an alternative shift arrangement to 12 hour shifts, and who ceases working 12 hour shifts, will work a roster consistent with the shift length referred to in Clause 18, Hours for an ordinary weeks work, and their contracted hours, unless otherwise mutually agreed.
vi) Maintenance of Manageable Workloads.
(1) The Hospital shall comply with the Agreement workload provisions at all times.
(2) To preclude roster gaps and to maintain staffing to ensure continuity of care, the 12 Hour Shift Roster (except in exceptional circumstances) shall as far as is practicable, ensure that Employees hand over to Employees working like shift lengths. For example, an Employee working a shift shorter than 12 hours to hand over their patients to an Employee working a shift shorter than 12 hours and an Employee working a 12 hour shift to hand over to an Employee working a 12 hour shift.
vii) 12 Hour Shift Roster
The roster shall comply with this Agreement and be acceptable to the parties.
viii) Roster Guidelines
The 12-hour roster must provide for the following:
(1) No more than four consecutive shifts in a row;
(2) No more than three consecutive night shifts
(3) No more than three consecutive day shifts
(4) There shall be no extension of work beyond 12 hours (i.e. no overtime following a 12 hour shift);
(5) Day shifts shall not commence before 0700 hours;
(6) There shall be a reasonable distribution of days off between block shifts;
(7) Shifts shall not be compacted to produce long breaks;
(8) The roster cycle shall be planned over a period of four weeks;
(9) Comply with the Daylight Saving Clause of the EBA
ix) Monitor and Review
A Monitoring Committee will continue to monitor and review the 12 Hour Shift Roster at 3-6 monthly intervals, or as agreed, commencing from the date of commencement of 12 hour shifts. The parties agree the operation of this clause may be reviewed. The Unit Monitoring Committee shall consist of:
(1) Director of Nursing;
(2) The Nurse Unit Manager;
(3) Employee representative, which may at the employee’s request be a Union Representative;
x) Hours of Work
(1) Maintenance of Contracted Hours
All Employees shall have their hours of work protected and must be given the opportunity to work their contracted hours. An Employee wishing to reduce their hours may do so through agreement with the Nurse Unit Manager. Employees who have voluntarily reduced their hours and who wish to return to their original hours may do so by forwarding a written request to the Nurse Unit Manager. This request will be accommodated in the next full roster period, or as agreed, subject to operational requirements.
(2) Salary Maintenance
Any Employee who wishes to maintain their contracted/rostered hours as a minimum and who is not given the opportunity to work their hours over a roster period will be salary maintained. By mutual agreement Employees contracted hours will be renegotiated to be divisible by either, 7.5 or 12 hours (9.5 hours for night duty shifts).
(3) Adjustment in Hours
Any adjustment required in hours will be adjusted up rather than down unless otherwise requested by the Employee.
(4) Shift Times
(5) Minimum Breaks Between Shifts
The minimum rostered break between shifts shall be at least 11.5 hours to allow sufficient time for rest and recuperation.
(6) Meals and Rest Intervals
(i) All Employees shall be given three thirty-minute meal intervals. Two of these meal intervals shall be counted as time worked.
(ii) All Employees shall be given two thirty-minute meal breaks and three rest intervals of:
1. Ten minutes between the time of commencing work and the first meal break,
2. Ten minutes between the first meal break and the second meal break and
3. Ten minutes between the second meal break and the time of ceasing work.
(iii) The two thirty minute meal breaks shall be counted as time worked.
Subject to (9) below, employees including bank or agency staff shall not work any overtime immediately before or immediately following the completion of an ordinary 12-hour shift.
(8) Roster Absences
Any 12-hour roster absences will be replaced by bank or agency staff as applicable.
(9) Additional Shifts
Except in exceptional circumstances the working of additional shifts by full time Employees participating in the 12-hour roster is not permitted. In exceptional circumstances only, a full time Employee may, by agreement between the Hospital management and the Employee, work up to one additional shift in any 4 week period to cover for unplanned employee absences, provided always that the roster guidelines at are not breached. Any such shift shall be regarded as overtime with all of the overtime provisions of the Agreement observed.
All staffing will comply with, or exceed Clause 16 of this Agreement.
xi) Payment of Salaries
(1) Ordinary Hours Full time Employees (12 hours)
Employees shall be paid for the hours worked in each fortnight, or where hours are averaged over a six week period, the Employer and Employee may agree that payment may be averaged over that longer period.
(2) Shift Allowances and Payment for Saturday and Sunday Work
Shall be consistent with this Agreement.
(3) Shift Penalties
(a) Employees working 0700-1930 hours shall be paid the evening shift penalty
(b) Employees working 1900-0730 hours shall be paid the night shift penalty
(4) Leave Provisions
Annual leave and Personal Leave shall be in accordance with this Agreement.
(5) Professional Development Leave Arrangements
For the purpose of taking Professional Development Leave, Day or Occasion will mean - the ordinary shift length for Employees working 12-hour shifts. For example, on days leave for professional development leave and/or study/conference/seminar leave shall mean 12 hours leave.
f) Wash Up Time
Where necessary an Employee shall be entitled to cease work ten minutes before his/her rostered finishing time to enable him/her to wash or to change his/her clothes.
i) Where there is a change in the clinical and/or operational needs of the Employer, the Employer may deem it necessary to redeploy an Employee.
ii) Redeployment may occur by way of a change of roster or by way of a change of physical work location or a change in the mix of duties.
iii) As an alternative to redeployment, the employer may offer the Employee the opportunity to take paid or unpaid leave and/or to reduce the length of a rostered shift, however an Employee will not be directed by the Employer to take leave and/or to reduce their rostered hours below the Employee’s contracted hours.
iv) Where the employer deems it necessary to redeploy one or more Employees, consideration will be given to patient needs, the operational needs of the Hospital, the Employee’s scope of practice, any orientation needs of the Employee and the Employee’s work preferences. The Employer may redeploy an Employee within the scope of the Employee skill, competence and training, however no Employee will be required to work outside their scope of practice.
a) Full-time employment
i) A full-time Employee is one who is employed and who is ready, willing and available to work a full week of 38 hours or an average of 38 hours as per sub-clause 18(a)(c) at the times and during the hours as may be mutually agreed upon or in the absence of such agreement as prescribed by the Employer.
ii) Subject to sub-clause 18(a)(c) such Employee shall be paid the weekly salary appropriate to the Employee’s classification, irrespective of the number of hours worked not exceeding 38, or an average of 38 per week.
b) Part-time Employee
i) A part-time Employee is one who is employed and who is ready, willing and available to work on a regular basis any number of hours up to but not exceeding 76 hours in a fortnight provided that the number of hours worked may vary from week to week by mutual agreement. Such Employee shall be paid per hour worked an amount equal to 1/38th of the weekly salary appropriate to the Employee’s classification, provided that weekend penalties and shift allowances will also apply to part-time Employees, and payment in respect of any period of annual leave or long service leave to which an Employee may become entitled shall be on a pro rata basis.
ii) Payment in respect of any period of paid Personal Leave (where an Employee has accumulated an entitlement) and compassionate leave shall be made according to the number of hours the Employee would have worked on the day or days on which the leave was taken so as not to reduce the Employee’s salary below that level which such Employee would have received had such Employee not been absent.
iii) A part-time Employee working 38 hours or more in any week will be regarded as a full- time Employee for the period so worked. The parties also acknowledge that some part- time Employees who are employed for five shifts per week would in some cases be more properly classified as full-time Employees.
c) Casual Employee
i) A casual Employee is one who is engaged in relieving work or work of a casual nature and whose engagement, subject to the minimum engagement obligations, is terminable by an Employer in accordance with the Employer’s requirements without the requirement of prior notice by either party, subject to clause 20 Minimum Engagement, but does not include an Employee who could properly be classified as a full-time or part- time Employee under sub-clauses 19(a), 19(b) and 19(d).
ii) A casual Employee shall be paid per hour worked an amount equal to 1/38th of the weekly salary appropriate to the class of work performed plus 25%.
iii) In addition, a casual Employee shall be entitled to receive the appropriate uniform and other allowances prescribed herein.
iv) The provisions of this Agreement relating to Termination of employment, Annual leave, Personal Leave, and Compassionate leave shall not apply in the case of a casual Employee, excepting the relevant provisions of sub-clause 32(n) Caring Responsibilities.
v) A casual offered a shift will be advised at the time of offering the shift of the starting and finishing times of the shift.
d) Appointment and Fixed Term Employment
i) Fixed term employment will only be used for “true fixed term arrangements”.
ii) “True fixed term arrangements” include, but are not limited to, employment in graduate nurse positions, replacement of Employees on maternity leave, long term WorkCover,
parental leave or long service leave, employment in special projects, and post-graduate training.
e) Letter of Appointment
On commencement of employment, each Employer shall provide each Employee with a letter of appointment containing the information set out in Appendix 2.
f) Terminating Employment
i) An Employer may terminate the employment of an Employee by providing four (4) weeks’ notice in writing.
ii) The notice required by sub-clause (f) will be increased by one (1) week if the Employee is over 45 years of age and has completed more than two (2) years’ continuous service.
iii) An Employer may make payment in lieu of notice for part or all of the notice period.
iv) The required amount of payment in lieu of notice must equal or exceed the total of all amounts that, if the Employee's employment had continued until the end of the required period of notice, the Employer would have become liable to pay to the Employee because of the employment continuing during that period. That total must be calculated on the basis of:
(1) the Employee's ordinary hours of work (even if not standard hours); and
(2) the amounts ordinarily payable to the Employee in respect of those hours, including (for example) allowances, loading and penalties; but excluding overtime and
(3) any other amounts payable under the Employee's contract of employment.
v) Sub-clause (f) does not affect an Employer’s right to terminate an Employee’s employment without notice for serious misconduct.
vi) The period of notice in this clause does not apply:
(1) to trainees whose employment under a traineeship agreement or an approved traineeship is for a specified period or is, for any other reason, limited to the duration of the agreement; or
(2) to casual Employees; or
(3) to an Employee under a fixed term contract.
vii) For the purposes of this clause, continuity of service shall be calculated in the manner prescribed in the Long Service Leave clause of this Agreement.
viii) Notice of termination by the Employee
(1) An Employee may terminate his or her employment by providing four (4) weeks’ notice to the Employer in writing
(2) Subject to financial obligations imposed on the Employer by an Act, if an Employee fails to give notice the Employer shall have the right to withhold monies due to the Employee with a maximum amount equal to the ordinary time rate of pay for the period of notice.
ix) Time off work during notice period
Where an Employer has given notice of termination to an Employee, an Employee shall be allowed up to one (1) days’ time off without loss of pay for the purpose of seeking other employment. The time off shall be taken at times that are convenient to the Employee after consultation with the Employer.
x) Accrued Days Off at termination
(1) Where the system of working provides for the taking of Accrued Days Off (ADO’s) and an Employee’s employment is terminated:
(a) one or more ADOs have been granted in advance; or
(b) an ADO has been taken during the work cycle during which the Employee is terminated, the salary due to that Employee shall be reduced by the total of the ADOs taken in advance, and/or the total un-accrued portion of the ADO granted in that work cycle as the case may be;
(2) an Employee who has not worked a complete twenty day four week cycle (or five week cycle) as the case may be, shall receive pro rata accrued entitlements for each day worked or regarded as having been worked (i.e. paid leave) in such cycle payable for the accrued day off.
xi) Payment of wages on termination
When notice of termination of employment has been given by an Employee or an Employee’s services have been terminated by an Employer, payment of all wages and other moneys owing to an Employee shall be made to the Employee.
xii) Effect of termination on annual leave
An Employee who leaves or is dismissed before completing a full qualifying twelve- month period shall, in lieu of annual leave, receive a pro rata payment based on the amount of ordinary pay payable for the leave prescribed herein for a full twelve months continuous service, and the period actually served.
g) The parties agree that where a current part-time Employee is employed for a particular number of shifts but actually works more shifts/hours on a regular basis then the part-time Employee's 'contract' or letter of appointment shall be varied to reflect the actual number of shifts being regularly worked by that part-time Employee.
h) Casual staff who can demonstrate a regular pattern of employment shall have the option of being reclassified as part-time Employees.
i) This provision, however, shall not apply where Employees are substituting for other Employee’s absence/s by reason of maternity leave, long service leave, WorkCover, or other such absence. Where a dispute arises as to whether the shifts or hours are of an ongoing nature, the parties shall utilise the dispute settlement procedure.
Subject to the other terms of this Agreement, the minimum engagement for any full-time, part-time or casual employee is four (4) hours.
a) Rest Intervals
i) A ten (10) minute rest interval in each four (4) hours worked or part thereof being greater than one hour shall be granted to all Employees. Such rest break will be at a time suitable to the employer and will be counted as time worked.
ii) After working 14 or more hours, and after the breaks specified in sub-clause 18(e)(x)(6) if a rostered 12 hour shift has occurred, a ten (10) minute rest interval for each two (2) hours worked will be provided. Such rest break will be at a time suitable to the Employer and will be counted as time worked. With the agreement of the employer the rest intervals may be combined together to provide for a longer break. Adequate transport will be provided free of cost to employee after the shift and to return to work/pick up vehicle
b) Meal Breaks
i) Except as provided in sub-clause 18(e)(x)(6), a meal interval of not less than 30 minutes and not more than 60 minutes shall be allowed to each Employee during each shift. Such meal interval shall not be counted as time worked.
ii) All Employees are entitled to meal breaks and are entitled to leave the facility for such breaks.
iii) Where the Employer does not release the Employee for a meal break, the Employee shall be paid for the meal break as time worked at the ordinary rate.
iv) Where Employees are regularly unable to take meal breaks in accordance with sub- clauses 21(b)(i) and (ii) then the arrangement in subclause (v) below shall apply.
v) An Employee who is not able to leave their work area during their rostered meal interval shall be granted a meal interval of not less than twenty minutes to be commenced after completing three hours and not more than five hours of duty. Such time to be counted as time worked.
a) The ordinary hours of duty of full-time and part-time Employees shall be worked according to a roster or rosters which shall be exhibited at some reasonably convenient place accessible to Employees to whom it applies, where it may be seen by such Employees and also by the executive secretary or other accredited representative of the union.
b) A roster of at least 28 days duration shall be posted at least fourteen days before it comes into operation in each work location, setting out each Employee’s:
i) daily ordinary working hours,
ii) commencing and finishing times and
iii) meal breaks pursuant to sub-clause 21(b)
iv) Allocate a Registered Nurse/Midwife to be in charge of each shift
c) The roster or rosters shall be drawn up so as to provide at least eight hours off duty between successive ordinary shifts.
d) An Employee, by making a request in writing to the Employer, may have his or her roster fixed by sub-clause 22(e), in lieu of sub-clauses 22(a) to 22(c).
e) Rosters shall be fixed by mutual agreement, subject to the other provisions of this Clause.
f) An Employee may withdraw the request referred to in sub-clause 22(d) at any time, by giving written notice to the Employer. In such a case the roster for that Employee shall be fixed according to sub-clauses 22(a) to 22(c), from the commencement of the next full roster period being not less than five clear days after such repudiation is received in writing by the Employer.
g) Self rostering
i) Notwithstanding any other provision of this clause, employees in a particular establishment or work location may, with the consent of the employer or her/his nominated representative, perform their ordinary hours of duty on a self rostering system.
ii) A self rostering system means a system of rostering whereby employees undertake responsibility for the designation of shift arrangements, working days and days off, ensuring always that such system provides an adequate and safe level of appropriate qualified staff such that quality nursing care is maintained at all times.
iii) Employees in a particular establishment or work location, who elect to perform ordinary hours of duty on a self rostering system, must develop appropriate guidelines for the implementation and operation of the said system. Without limiting the guidelines, these will include:
(1) number and mix of staff required by hospital policy and government legislation/ regulation to provide quality nursing care to the patients on each shift during the roster period; and
(2) periodic review of rosters, to avoid conflicts that may result in under or over staffing; and
(3) the distribution of shifts should be evenly spread amongst the staff; and
(4) significant input by staff such that the need to change rosters is reduced to a minimum; and
(5) where changes to the roster are necessary, the obligation to find replacement staff rests with the employee requiring the change. Such replacement staff must be suitably qualified and of equivalent grade; and
(6) rosters should ensure maximum continuity of staff; and
(7) rosters must ensure that all off duty periods of the Nurse Unit Manager are covered by in charge personnel; and
(8) rosters should include provision for attendance at meetings, seminars and in-service education.
iv) An employee working in accordance with a self rostering system, may cease to work in accordance with such system, by providing the employer or her/his nominated representative, seven (7) days’ notice in writing. The provisions of sub-clauses 22(a) to 22(c) will commence to apply at the expiration of the seven days.
v) The provisions of sub-clauses 22(a) will not apply to employees who elect to work ordinary hours on a self rostering system. Provided that sub-clause 22(i) will apply in circumstances where a roster change is required without the consent or participation of the employee(s) affected.
h) Special Rates for Saturdays and Sundays
i) All rostered time of ordinary duty performed between midnight on Friday and midnight on Sunday shall be paid for at the rate of time and a half.
ii) This clause shall not apply to Director of Nursing and Deputy Director of Nursing.
i) Change of Roster
i) Except in emergency situations seven (7) days’ notice shall be given of a change of roster.
ii) To promote forward rostering, to encourage part-time Employees to perform extra shifts and to clarify the circumstances around Employees working additional shifts on a voluntary basis, each Employer shall, in addition to the normal nursing roster(s), develop
and maintain a supplementary roster specifically to record all Employees willing to work additional/changed shifts.
iii) The supplementary roster is to display vacant shifts and Employees can nominate to work those shifts. The supplementary roster would also provide an opportunity for Employees wishing to work extra shifts to nominate the days/shifts that they wish to work, should such vacancies in the normal roster occur.
iv) All vacancies that arise in the normal nursing roster shall as far as possible be filled by Employees who have voluntarily self-nominated to work additional shifts as per the supplementary roster.
v) Where vacancies in the normal nursing roster cannot be filled from the supplementary roster, Employees may be requested to work additional shift(s) (subject to the provisions of this Agreement) and will automatically receive the “change of roster allowance” contained in Schedule B, in addition to any other entitlement.
vi) For the purposes of this clause, it is agreed that hospitals will not seek to override the arrangements herein, by attempting to include in an Employee’s contract of employment a requirement that an Employee be available for extra shifts, other than as provided for in this Agreement.
vii) Overtime payments are not affected. Overtime remains payable where it would otherwise apply, for example, double shifts.
viii)Nothing in the above is intended to inhibit nurses swapping shifts amongst themselves, in which case no change of roster allowance is payable.
j) Change of Shift Allowance
i) Change of Shift Allowance only applies to an Employee defined as an Existing Employee in (ii) below
ii) This Allowance will not apply to an Employee unless that Employee was employed as an Enrolled Nurse by the Employer before 22 November 2012 (Existing Employee).
iii) A Certificate of Service shall constitute acceptable proof that the Employee was an Existing Employee where that is indicated on the Certificate of Service.
iv) Capping of Change of Shift Allowance for existing employees
The applicable terms of subclause 22.8 of the 2012-2016 Enterprise Agreement continue to apply to an Enrolled Nurse who was entitled to the benefit of that sub- clause prior to the commencement of this Agreement.
a) Notwithstanding anything contained elsewhere in this part, whereby reason of legislation Summer Time is prescribed as being in advance of the Standard Time, the length of any shift:
i) commencing before the time prescribed pursuant to the relevant legislation for the commencement of a Summer Time period; and
ii) commencing on or before the time prescribed pursuant to such legislation for the termination of a Summer Time period.
b) Despite the overtime provisions of this Agreement, if an Employee works on a shift during which time changes because of the introduction of, or cessation to, daylight saving, that Employee will be paid for the actual hours worked at the ordinary time rate of pay.
i) Example 1- An Employee is rostered to a ten hour night shift from 9pm through to 7:30am (including a 30 minute meal break). During the course of this shift, the clock is wound forward one hour due to the commencement of daylight saving. The Employee therefore works nine hours. The Employee is paid nine hours at his or her ordinary time rate of pay (including any shift penalties or allowances ordinarily payable in respect of this shift).
ii) Example 2 - An Employee is rostered to a ten hour night shift from 9pm through to 7.30am (including a 30 minute meal break). During the course of this shift, the clock is wound back one hour due to the cessation of daylight saving. The Employee therefore works 11 hours. The Employee is paid 11 hours at his or her ordinary time rate of pay (including any shift penalties or allowances ordinarily payable in respect of this shift). No overtime is paid for the additional hour worked.
c) For the purpose of calculating accrued days off in accordance with this Agreement, Employees who work on a shift during which time changes because of the introduction of, or cessation to, daylight saving, will be taken to have worked the standard hours for a night shift.
d) In this clause the expressions Standard Time and Summer Time shall bear the same meaning as are prescribed by legislation and legislation shall mean the Summer Time Xxx 0000, as amended or substituted.
a) The Employer may require an Employee to work reasonable overtime at overtime rates where the working of overtime is approved by the Employer and such an Employee will work overtime in accordance with such a requirement.
b) An Employee may refuse to work overtime in circumstances where the working of such overtime would result in the Employee working hours which are unreasonable having regard to:
i) Any risk to an Employee's health and safety;
ii) The Employee's personal circumstances including any family responsibilities;
iii) The needs of the Employer;
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.
c) Overtime will be paid to an Employee (including a casual employee by adding the amount in the relevant column to a base rate of 125%) where the Employee is requested or directed by the Employer to perform work that is in addition to the “full time rostered shift length for that xxxx or unit”. Except in the case of a DON in an institution where a Deputy or Assistant Director of Nursing is also employed, the following overtime rates will be paid for all work performed, including for all recall to duty:
First 2 Hours
Time and a Half
Double Time and a Half
Weekend Public Holiday
Double Time and a half.
Double Time and a Half
d) For the purposes of this clause “full time rostered shift length for that xxxx or unit” for a part-time employee is where they have worked in excess of:
i) 76 hours in a fortnightly pay period,
ii) 7 hours and 36 minutes for Employees working day shift and afternoon shift,
iii) 9 or 9.5 hours (as applicable to the Xxxx or Unit) in the case of Employees on night shift,
iv) 12 hours in the case of an employee working a 12 hour shift (Clause 18.5)
v) 10 hours in theatre.
e) Each day or shift will stand alone.
f) Time off in lieu of overtime
i) In lieu of receiving payment for overtime worked in accordance with this clause, Employees may, with the consent of the Employer, be allowed to take time off, for a period of time equivalent to the period worked in excess of ordinary rostered hours of duty, plus a period of time equivalent to the overtime penalty incurred, to a maximum of the equivalent of 3 days full time of ordinary hours. Such time in lieu shall be taken as mutually agreed between the Employer and the Employee, provided that the accrual of such leave shall not extend beyond a 28 day period.
ii) Where such accrued time exceeds three days, or has not been taken within the 28 day period, such time shall be paid in accordance with this clause at the rate of pay which applied on the day the overtime was worked.
iii) In accruing or calculating payment of overtime, each period of overtime shall stand alone.
g) Overtime related transport
i) An Employee rostered on call and recalled who does not use her/his vehicle shall be reimbursed reasonable out of pocket expenses.
ii) In the event of any Employee finishing any period of overtime or recall at a time when reasonable means of transport are not available for the Employee to return to her/his place of residence the Employer shall provide adequate transport free of cost to the Employee including the costs of the return journey.
a) Recall – Overtime
i) An Employee who is recalled to work during an off duty period (including from a period of on-call) where that work is not continuous with the next succeeding rostered period of duty will be paid overtime for a minimum of three hours pay at the appropriate overtime rate
ii) An Employee recalled to work will not be required to work the full three hours if the work to be performed is completed in a shorter period.
iii) Sub-clause (ii) will not apply when overtime is continuous with completion or commencement of ordinary working time.
b) Rest Period after Recall - Overtime (including Saturday and Sunday)
i) When overtime work including recall work (but excluding telephone recall work) is necessary it should be arranged so that Employees have at least 10 consecutive hours off duty between that work and the next successive shift.
ii) An Employee who works so much overtime or recall work (excluding telephone recall work) between the termination of her/his last previous rostered ordinary hours of duty and the commencement of her/his next succeeding rostered period of duty that she/he would not have had at least 10 consecutive hours off duty between the completion of overtime/recall and the commencement of the next rostered shifts, then subject to this clause, she/he shall be released after completion of such overtime or recall work until she/he has had 10 consecutive hours off duty without loss of pay for rostered ordinary hours occurring during such absence.
iii) If an Employee is required by the Employer to resume or to continue to work without having had 10 consecutive hours off duty she or he will be paid at the rate of double time until they have been released from duty for such rest period and she/he shall then be entitled to 10 consecutive hours off duty without loss of pay for rostered ordinary hours occurring during such absence.
a) In addition to any other rates prescribed elsewhere in this Agreement an Employee who performs ordinary hours that finish between 6.00 p.m. and 8.00 a.m. or commence between
6.00 p.m. and 6.30 a.m. shall be paid an “evening shift allowance” for each such period of duty. The evening shift allowance is set out in Schedule B.
b) Provided that in the case of an Employee working ordinary hours, finishing on the day after commencing duty or commencing after midnight and before 5.00 a.m. he or she shall be paid a “night shift allowance” for each such period of duty. The night shift allowance is set out in Schedule B.
c) This clause shall not apply to a Director of Nursing and a Deputy Director of Nursing.
a) Travelling On Duty
i) When an Employee is involved in travelling on duty, which travel is not part of the normal duties of an employee, all reasonably incurred expenses in respect to fares, meals and accommodation will be met by the Employer on production of receipted account(s) or other evidence acceptable to the Employer.
ii) Provided further that the Employee shall not be entitled to reimbursement for those expenses which exceed the mode of transport, meals or the standard of accommodation agreed for the purpose with the Employer.
b) Vehicle allowance
i) Where an Employee is required to provide her/his own mode of conveyance in connection with his/her duties, she/he shall be paid an allowance in accordance with the vehicle allowance in Schedule B.
c) On Call Allowance
i) An employee rostered to be on call (i.e. to be available to be recalled to duty in that period of time beyond the employee’s rostered hours of duty), shall be paid the sums set out in Schedule B per period of twelve hours or part thereof.
d) Qualification Allowance – Registered Nurse
i) A Registered Nurse will be entitled to a qualification allowance set out below, subject to the following:
(1) a Registered Nurse having more than one qualification is only entitled to one qualification allowance, being the allowance for the highest qualification having regard to sub-clause (2) below
(2) it must be demonstrated that at least one component of the qualification is applicable to the relevant Employee’s current area of practice. In situations where a component of a postgraduate qualification is relevant to that Employee’s current area of practice an allowance is payable. In considering whether a component of the qualification is relevant, the nature of the qualification and the current area of practice of the qualification holder are the main criteria. Other considerations may include:
(a) the clinical or other area of work of the Registered Nurse;
(b) the classification and position description of the Registered Nurse;
(c) whether the qualification would assist the Registered Nurse in performing her or his role and/or assist in maintaining quality patient care and/or assist in the administration of the xxxx/unit/area in which the Registered Nurse is employed.
ii) a Registered Nurse claiming entitlement to a qualification allowance must provide to the Employer evidence of that Registered Nurse having the qualification for which the entitlement is claimed. Such evidence will be that which would satisfy a reasonable person. A qualification also includes where a nurse has qualified for an award but has not received the actual qualification (e.g. Graduate Diploma as the first part of an extended Masters Program). The allowance is payable from when the Nurse has provided the evidence to the employer.
iii) for the avoidance of doubt, a qualification allowance cannot be claimed by a Registered Nurse in respect of that Employee’s base qualification leading to registration as a Registered Nurse, with the exception of:
(1) A double degree
(2) A four year degree
(3) An honours degree
(4) A Masters degree
iv) certificates obtained from training or education facilities (e.g., infection control certificates from the Xxxxxxxx Centre) shall be recognised provided that the programmes are equivalent to a University/Graduation certificate and the training/education facility verifies that in writing.
v) A Registered Nurse who holds a Hospital Certificate or Graduate Certificate (or equivalent) shall be paid, in addition to their salary, 4.0% of RN Grade 2 Year 2.
vi) A Registered Nurse who holds a Post-Graduate Diploma or a Degree (or equivalent) (other than a nursing undergraduate degree), or a double degree, shall be paid, in addition to her or his salary, 6.5% of RN Grade 2 Year 2.
vii) A Registered Nurse who holds a Masters (including a Masters degree completed prior to, or that leads to registration), shall be paid, in addition to their salary, 7.5% of RN Grade 2 Year 2
viii)A Registered Nurse who holds a Doctorate/PhD, shall be paid, in addition to their salary, 10% of RN Grade 2 Year 2.
ix) The above allowances are to be paid during all periods of leave except Personal Leave beyond 21 days and long service leave.
x) The allowance is to be paid on a pro-rata basis for non-full-time Employees.
e) Uniform & Laundry Allowance
i) Where an Employer requires an Employee to wear a particular type or style of uniform then the Employer shall provide this at no cost to the Employee.
ii) Employees required by the Employer to wear uniforms of a non-specific type or style shall be reimbursed by the Employer for a prescribed number of such uniforms and aprons appropriate to the work performed. Any additional items requested by an employee shall be paid for by the employee.
iii) Uniforms and aprons supplied by the Employer shall remain the property of the Employer and be laundered and maintained by the Employer free of cost to the Employee.
iv) In lieu of the provision of such aprons and uniforms the Employer may, by agreement with the Employee, pay such Employee a “uniform allowance” at the daily or weekly rate set out in Schedule B per day or part thereof on duty whichever be the lesser amount.
v) Where laundering by or at the expense of the Employer does not occur, the Employee shall be paid a “laundry allowance” as set out in Schedule B per day or part thereof on duty or the weekly amount per week whichever be the lesser amount.
vi) The uniform allowance but not the laundry allowance shall be paid during all absences on leave, except absences on long service leave and absence on Personal Leave beyond 21 days. Where, prior to the taking of leave, an Employee was paid a uniform allowance other than at the weekly rate, the rate to be paid during absence on leave shall be the average of the allowance paid during the four weeks immediately preceding the taking of leave.
f) Telephone allowance
Where an employer requires an employee to install and/or maintain a telephone for the purposes of being on call the employer shall refund the installation costs and subsequent three-monthly rental charges on production of receipted accounts.
g) Child Care Expenses
Where a nurse, without 24 hours’ notice, is required to perform work at times other than or in addition to their rostered hours he/she may be that reimbursed for reasonable child-care expenses subject to mutual agreement at the hospital and evidence satisfactory to the hospital being produced as to expenses incurred.
h) Qualification Allowance – Enrolled Nurses
i) An Enrolled Nurse will be entitled to a qualification allowance set out below.
(a) An Enrolled Nurse who holds a certificate or qualification (which is in addition to the minimum qualification held by the nurse for registration by the NMBA) in which it is demonstrated that a component (at least) is applicable to her/his area of practice and/or work shall be paid the following allowance:
(i) a certificate or qualification for a course of six months duration – 4% of EN Level 1.6;
(ii) a certificate or qualification for a course of twelve months duration – 7.5% of EN Level 1.6.
(2) Provided that:
(a) only one allowance is payable to each eligible Enrolled Nurse, being the allowance for the highest qualification held, and
(b) the certificate or qualification is relevant to the work performed, and
(c) the certificate or qualification is not to enable administration of medications, as this is compensated for in the Enrolled Nurse career structure.
(d) The course undertaken must result in a certificate or qualification being awarded, and not simply completion of certain subjects.
(3) An Enrolled Nurse claiming entitlements to a qualification allowance must provide the Employer with evidence of that Enrolled Nurse holding the qualification for which the entitlement is claimed.
ii) For the avoidance of doubt, a qualification allowance cannot be claimed by an Enrolled Nurse in respect of that person's basic training.
i) Meal allowance
i) An employee shall be supplied with an adequate meal where an employer has her/his own cooking and dining facilities or be paid meal money in addition to any overtime payment as follows:
(1) In addition to a shift:
(a) an Employee when required to work after the usual finishing hour of work on a shift beyond one hour (Monday to Sunday inclusive), (allowance A);
(b) an Employee when required to work after the usual finishing hour of work on a shift beyond five hour (Monday to Sunday inclusive), (allowance A and Allowance B);
(2) On a rostered day off:
(a) an Employee when required to work more than five hours overtime, (allowance A);
(b) an Employee when required to work more than nine hours overtime (Allowance A and B);
ii) on request meal money shall be paid on the same day as overtime is worked.
j) Lead Apron Allowance
An employee required to wear a lead apron for four or more hours continuously on any shift shall be paid an allowance of the sum set out in Schedule B for each hour (or part thereof) that they are required to wear the said apron.
a) Where a business is transmitted from one Employer to another, the period of continuous service that the Employee had with the transmittor or any prior transmittor is deemed to be service with the transmittee and taken into account when calculating notice of termination. However, an Employee shall not be entitled to notice of termination or payment in lieu of notice for any period of continuous service in respect of which notice has already been given or paid for.
b) Where an employee of the transmittor remains in the service of the transmittee a qualifying or probationary period shall not apply.
a) All Employees shall be granted annual leave 190 hours of annual leave per annum with ordinary pay on completion of 12 months service with her or his Employer.
b) An employee who performs ordinary hours on weekdays and weekends throughout the qualifying twelve months period of service shall be allowed an additional 5 working days. An Employee with twelve months continuous service so engaged for part of the qualifying twelve month period shall have the leave prescribed in this sub-clause increased by half a day for each month during which engaged as aforesaid.
c) An Employee with twelve months continuous service so engaged for part of the qualifying twelve months period shall have the leave prescribed in (b) increased by half a day for each month during which engaged as aforesaid.
d) Where a Monday to Friday Employee works overtime on 10 or more weekends in an anniversary year, the Employer will offer the Employee a contract variation that includes weekend work.
e) Part Time Employees
Annual leave will accrue to a part time Employee on a pro rata basis.
f) Public Holidays Occurring During Annual Leave
Where any public holiday occurs during any period of annual leave the Employee will be taken to not be on annual leave on that day.
g) Accrued days off and annual leave
Where the system of working provides for the taking of accrued days off, the maximum number of accrued days off shall be thirteen in any calendar year. One day of a year’s annual leave period shall be regarded as an accrued day off for which no additional payment is to be made.
h) Taking of leave
i) Paid annual leave may be taken for a period agreed between an Employee and his or her Employer.
ii) The Employee will submit a written request for annual leave at least 6 weeks prior to the first day of the proposed leave period/s unless it is not reasonable to do so in the circumstances.
iii) Within ten (10) week days of the leave request, the Employer will notify the Employee in writing that their annual leave request is approved or, if not approved, the reasons for the leave not being approved.
iv) Where it is likely the leave request will be rejected, the Employer and Employee will consult on alternate leave days within the 10 day period.
v) The Employer must not unreasonably refuse to agree to a request by the Employee to take paid annual leave.
vi) Once annual leave is approved, it must not be unilaterally changed by the Employer. Where extraordinary circumstances arise, such that the Employer wishes the Employee to change the timing of their approved leave, any change may only occur through consultation and agreement.
i) Excess annual leave
j) Where the Employee has accrued annual leave, equivalent to not less than 18 months accrual for that Employee, the Employer may direct the Employee to take some or all of that excess accrued annual leave with at least two weeks’ notice provided that:
i) the Employee has first been given a reasonable opportunity to submit a plan to reduce that Employee’s total annual leave accrual to not less than six (6) weeks, within six (6) months, subject to (b) below;
ii) the Employer will not unreasonably refuse to agree to an annual leave reduction plan which includes saving leave for an extended vacation within 12 months of the date of agreement to the leave reduction plan. The agreement is to be in writing and signed by both the Employer and the Employee; and
iii) in directing that the Employee take leave the Employee cannot be directed to reduce the accrued leave to less than six (6) weeks.
k) Disputes regarding excess annual leave
i) Without limiting the Dispute Resolution Procedure of the Agreement, either an Employee or the Employer (or their representative/s) may refer a dispute about the following matters to the Commission:
(1) a dispute about whether the Employer or employee has requested a meeting and genuinely tried to reach agreement;
(2) a dispute about whether the Employer has unreasonably refused to agree to a request by the employee to take paid annual leave; and
(3) a dispute about whether a direction to take leave complies with the clause.
l) Short periods of annual leave
Paid annual leave under this clause can be taken in periods less than an Employee’s ordinary fortnight (short period), including single days in which case any notice period may be waived by agreement.
m) Payment for leave
i) Employees shall receive their ordinary pay during all periods of annual leave and, before going on leave, may be paid in advance for the period of such leave.
ii) “Ordinary pay” means remuneration for the Employees normal weekly number of hours of work calculated at the ordinary time rate of pay; and
iii) If an Employee takes a period of leave during a period in which the Employee is performing Higher Duties on either side of the period of leave, then the Employee’s base rate of pay during the period of leave will be the rate applicable to the Higher Duties.
iv) In addition to the ordinary pay as prescribed in sub-clause (m)(ii) all Employees will receive either:
(1) a loading of 17½ % of ordinary pay calculated on an accrual of 152 hours per annum for full time employees, pro rata hours for part time employees
(2) in respect of each week of leave granted an amount comprising the following:
(a) All payments for ordinary hours of work;
(b) shift work premiums according to roster or projected roster;
(c) Saturday, Sunday premiums according to roster or projected roster;
(d) in-charge allowances;
(e) Qualifications allowances
(f) Uniform Allowance whichever is the higher.
(3) Amount in Lieu of Loading
(a) Provided that for a Registered Nurse such loading shall be on a maximum of 152 hours in respect of any year of employment; provided further than an employee whose weekly salary is in excess of a Registered Nurse Grade 5 51-200 beds shall receive in lieu of the 17-1/2% loading an amount calculated by multiplying the salary of a Registered Nurse Grade 5 51-200 beds by 17.5% then by four (weeks) respectively.
(b) the annual leave loading prescribed in sub-clause 29(m)(iv) shall apply to pro rata payment of leave on termination of employment.
n) For the purposes of this part a year of employment shall be deemed to be unbroken notwithstanding:
i) any annual leave or long service leave taken therein;
ii) any interruption or ending of the employment by the Employer if such interruption or ending is made with the intention of avoiding obligations in respect of annual leave or long service leave;
iii) any absence from work of not more than fourteen days in the year of employment on account of personal illness, injury or accident;
iv) any absence on account of leave (other than annual leave or long service leave) granted, imposed or agreed to by the Employer;
v) any absence on any other account not involving termination of employment:
o) In calculating a year of employment any absence of a kind mentioned in sub-clauses (i), (ii) and (iii) shall be counted as part of the year of employment but in respect of absences of a kind mentioned in (iv) and (v) it will be necessary for the Employee as part of her/his qualification for annual leave to serve such additional period as equals the period of such absences.
p) Personal Leave while on annual leave
i) Where an Employee becomes entitled to Personal Leave whilst on annual leave on which she/he would otherwise have worked, and immediately forwards to the Employer evidence that would satisfy a reasonable person, then the number of days specified shall be deducted from any paid personal leave entitlement standing to the Employee’s credit, and shall be re-credited to her/his annual leave entitlement.
ii) The amount of annual leave loading received for any period of annual leave converted into paid personal leave in accordance with sub-clause (i) shall be deducted from any future entitlement to annual leave loading or if the Employee resigns, from termination pay.
q) Purchased Leave
i) Purchased Leave enables employees, by mutual agreement with their Employer, to access up to 20 working days unpaid additional leave in a twelve month period, with salary deductions for the nominated period(s) averaged over the whole year rather than at the time the leave is taken.
ii) Purchased Leave may be taken in conjunction with other types of leave. Purchased Leave may not be used to break a period of Long Service Leave.
iii) Purchased Leave must be used in the twelve month period in which it is purchased.
iv) Purchased Leave and associated salary deductions will be based on the employee's average daily hours (7 hours 36 minutes for full time employees) and the employee's substantive salary.
v) The Employer may grant Purchased Leave, subject to operational requirements. Once approval has been granted, the arrangement may only be varied or cancelled in extraordinary circumstances.
vi) Where the arrangement, because of extraordinary circumstances, has been varied or cancelled and requires a refund of salary deductions, the refund will be made as a lump sum no later than two pay periods following notification of the variation or cancellation.
vii) Where the employee’s employment terminates, deductions made for Purchased Leave not yet taken will be repaid.
viii)Where the employee’s employment terminates and there are outstanding deductions for Purchased Leave, the employee may elect to have the amount treated as overpayment of salary or offset against Annual Leave credits.
As to whether an employee on leave is to be replaced will be subject to maintenance of rosters with regard to consolidation of wards in times of low occupancy.
s) Cashing out of annual leave
i) An Employee wishing to convert a period of annual leave to salary must make a request in writing to the Employer. Where the Employer agrees to that request, an agreement between the Employee and the Employer will be entered into.
ii) The terms of that agreement must require that:
(1) paid annual leave must not be cashed out if the cashing out would result in the Employee's remaining accrued entitlement to paid leave being less than four weeks; and
(2) each cashing out of a particular amount of paid annual leave must be by a separate agreement in writing between the Employer and the Employee; and
(3) the Employee must be paid at least the full amount that would have been payable to the Employee (and annual leave loading as applicable) had the Employee taken the leave that the Employee had forgone; and
(4) Superannuation contributions will be paid by the Employer in respect of any period of annual leave paid out in accordance with this clause.
iii) Payments made in accordance with this clause extinguish an Employee's right to access annual leave or receive further payment for the period of annual leave paid out.
iv) The request is made voluntarily by the Employee
a) General Entitlements
i) A full-time or part-time Employee will be entitled to long service leave with pay, in respect of continuous service with the Employer in accordance with sub-clause 30(a)(iv)
– 30(i) of this Agreement.
ii) Casual Employees will be entitled to long service leave in accordance with sub-clause 30(j) of this Agreement, or the NES, whichever is the greater.
iii) Employees with a mix of full-time/part-time service and casual engagement that together constitutes a period of Continuous Employment, will be entitled to long service leave in accordance with sub-clause 30(k) of this Agreement, or the NES, whichever is the greater.
iv) For part-time and full-time Employees the amount of such entitlement shall be:
(1) On the completion by the Employee of fifteen (15) years continuous service:
(2) six (6) months long service leave and thereafter an additional two (2) months long service leave on the completion of each additional five (5) years’ service.
(3) In addition, in the case of an Employee who has completed more than fifteen years’ service and whose employment terminates otherwise than by the death of the Employee, an amount of long service leave equal to one thirtieth of the period of her/his service since the last accrual of entitlement to long service leave under sub- clause 30(a)(iv)(i).
(4) In the case of an employee who has completed at least ten years’ service, but less than fifteen years’ service and whose employment terminates for any cause, such amount of long service leave as equals one thirtieth of the period of service
b) Service entitling to leave
Where a business is transmitted from one Employer (the transmittor) to the Employer (the transmittee) an Employee who worked with the transmittor and who continues in the service of the transmittee shall be entitled to count her/his service with the transmittor as service with the transmittee for the purposes of this clause.
c) Calculating Continuous Service
i) For the purposes of this clause service shall be deemed to be continuous notwithstanding:
(1) the taking of any annual leave, long service leave, or other paid leave approved in writing by the Employer and not covered by sub-clauses (2) or (4) below.
(2) any absence from work of not more than fourteen days in any year on account of illness or injury or if applicable such longer period as provided in the Personal leave provisions of this Agreement.
(3) any interruption or ending of the employment by the Employer if such interruption or ending is made with the intention of avoiding obligations in respect of long service leave or annual leave;
(4) any absence on account of injury arising out of or in the course of the employment of the Employee for a period during which payment is made under the Accident Pay provisions of this Agreement ;
(5) any unpaid leave of absence of the Employee, including unpaid Parental Leave, where the absence is authorised in advance in writing by the Employer to be counted as service;
(6) any interruption arising directly or indirectly from an industrial dispute;
(7) the dismissal of an Employee if the Employee is re-employed within a period not exceeding two months from the date of such dismissal;
(8) any absence from work of a female Employee for a period not exceeding twelve months in respect of any pregnancy;
(9) any other absence of an Employee by leave of the Employer, or on account of injury arising out of or in the course of her/his employment not covered by sub-clause (4) above.
(10) any unpaid absence of not more than 24 months for the sole purpose of undertaking a course of study related to nursing where the written approval of the employer is given
(11) any interruption arising directly or indirectly from an industrial dispute
ii) In calculating the period of continuous service of any Employee, any interruption or absence of a kind mentioned in sub-clauses (1) to (5) shall be counted as part of the period of her/his service, but any interruption or absence of a kind mentioned in sub- clauses (6) to (11) shall not be counted as part of the period of service unless it is so authorised in writing by the Employer.
iii) Every Employer shall keep or cause to be kept a long service leave record for each Employee, containing particulars of service, leave taken and payments made.
d) Payment in lieu of long service leave on the death of an Employee
Where an Employee who has completed at least ten years’ service dies while still in the employ of the Employer, the Employer shall pay to such Employee’s personal representative a sum equal to the pay of such Employee for 1/30th of the period of the Employee’s continuous service in respect of which leave has not been allowed or payment made immediately prior to the death of the Employee.
e) Payment for period of leave
i) Payment to an Employee in respect of long service leave shall be made in one of the following ways:
(1) in full in advance when the Employee commenced her/his leave; or
(2) at the same time as payment would have been made if the Employee had remained on duty; in which case payment shall, if the Employee in writing so requires, be made by cheque posted to a specified address; or
(3) in any other way agreed between the Employer and the Employee.
ii) Where the employment of an Employee for any reason terminates before she/he takes any long service leave to which she/he is entitled or where any long service leave accrues
to an Employee pursuant to sub-clause 30(a) the Employee shall be entitled to pay in respect of such leave as at the date of termination of employment.
iii) Where any long service leave accrues to an Employee pursuant to sub-clause 30(a) the Employee shall be entitled to pay in respect of such leave as at the date of termination of employment.
iv) Where an increase occurs in the ordinary time rate of pay during any period of long service leave taken by the Employee, the Employee shall be entitled to receive payment of the amount of any increase in pay at the completion of such leave.
f) Taking of leave
i) When an Employee becomes entitled to long service leave such leave shall be granted by the Employer within six months from the date of the entitlement, but the taking of such leave may be postponed to such date as is mutually agreed.
ii) Any long service leave shall be inclusive of any public holiday; or accrued day off occurring during the period when the leave is taken.
iii) If the Employer and an Employee so agree:
(1) the first six months long service leave to which an Employee becomes entitled under this part may be taken in two or three separate periods; and
(2) any subsequent period of long service leave to which the Employee becomes entitled may be taken in two separate periods.
iv) but save as aforesaid long service leave shall be taken in one period.
v) An Employer may approve an application by an Employee to take double the period of long service leave at half pay or half the period of long service leave at double the pay.
(1) Where an Employee has made an application under this provision the Employer will provide an Employee with financial advice regarding the income tax implications of either option for the taking of long service leave provided for in sub-clause (v).
For the purpose of this clause the following definitions apply:
i) Pay means remuneration for an Employee’s normal weekly hours of work calculated at the Employee’s ordinary time rate of pay provided in Schedule B, at the time the leave is taken. Where a part time employee’s hours of work have varied in the preceding 12 months, pay shall mean remuneration for an Employee’s average ordinary weekly hours of work in the preceding 12 month period or (if she/he dies before the completion of leave so taken) as at the time of her/his death, and shall include the amount of any increase to the Employee’s ordinary time rate of pay which occurred during the period of leave.
ii) Month shall mean a calendar month.
iii) Transmission includes transfer, conveyance, assignment or succession whether by agreement or by operation of law and transmitted has a corresponding interpretation.
h) Payment for leave while in receipt of Workers’ Compensation payments
i) If an employee is:
(1) working under a return to work plan (within the meaning of the Accident Compensation Act 1985); or
(2) absent from work because of a workplace illness or injury and in receipt of any benefits from the Victorian WorkCover Authority for that illness or injury-
(3) his or her normal weekly hours and ordinary time rate of pay are to be taken to be the greater of the following-
(4) the employee's normal weekly hours and ordinary time rate of pay immediately before he or she takes long service leave;
(5) the employee's normal weekly hours and ordinary time rate of pay immediately before he or she developed the relevant illness or suffered the relevant injury.
As to whether an employee on leave is to be replaced will be subject to maintenance of rosters with regard to consolidation of wards in times of low occupancy.
j) Casual Employees and Long Service Leave
i) For periods of Continuous Employment since the first full pay period commencing on or after 1 January 2008, casual employees are entitled to long service leave in accordance with the Long Service Leave Act 1992 (Vic), excepting those whose entitlement is greater as a consequence of the NES. That is, the accrual rate for casual employees would be 13 weeks long service leave after 15 years’ service.
ii) No period of casual engagement prior to the first full pay period commencing on or after 1 January 2008 is recognised for the purposes of accrual of long service leave.
k) Continuous Employment – Mixed Full-time/Part-time and Casual
i) ‘Permanent Accrual Rate’ means an accrual rate of 1.733 weeks’ per year of service, in accordance with subclause 30(a)(i) for a full-time or part-time employee
ii) ‘Casual Accrual Rate’ means an accrual rate of 0.8667 weeks’ per year of service, in accordance with sub-clause 30(a)(ii), for a casual employee
iii) Were an employee has Continuous Employment that includes a mixture of full- time/part-time, on the one hand, and casual employment on the other, the accrual rates for long service leave will correspond to the relative periods of each type of the employment. That is, periods of full-time/part-time service will, for long service leave purposes, accrue at the Permanent Accrual Rate and the periods of casual employment will accrue at the Casual Accrual Rate. If engagement patterns vary throughout a period of Continuous Employment, then the relevant accrual rates for long service leave will correspond to the specific periods of full-time/part-time employment and casual engagement.
iv) For the purpose of this clause, ‘Continuous Employment’ has the same meaning as Sections 62 and 62A of the Long Service Leave Xxx 0000 (Vic).
v) The provisions of this subclause are to be read subject to the whole of clause 30 of this Agreement, the Long Service Leave Act 1992 (Vic), the NES, and any binding authority of a Court of Competent Jurisdiction.
(1) An employee was continuously employed from 1 January 2006 until 31 December 2025 based on the following breakdown:
(a) The employee was engaged on a casual basis from 1 January 2006 until 31 December 2010.
(b) The employee was then employed on full-time basis from 1 January 2011 until 31 December 2015.
(c) The employee took unpaid parental leave from 1 January 2016 until 31 December 2016.
(d) The employee then returned from unpaid parental leave on a part-time basis for the period 1 January 2017 until 31 December 2022.
(e) The employee was then engaged on a casual basis from 1 January 2023 until 31 December 2025.
(2) The employee accrues long service leave on the following basis:
Nature of Employment of Leave
Accrual Rate for LSL Purposes (Weeks Per Year of
Duration of Period
Total Amount of LSL
Accrued for Period (in
weeks after 15 years’ service
For casual engagement before 1/1/08 there is no entitlement to accrual of LSL,
(3 years x
weeks after 15 years’
(5 years x
Unpaid Parental Leave
No accrual of LSL during unpaid Parental
(6 years x
(3 years x
a) Subject to the terms of this clause Employees are entitled to maternity, paternity and adoption leave and to work part-time in connection with the birth or adoption of a child. Where this clause is provides a detrimental entitlement relative to the National Employment Standard of the Fair Work Xxx 0000, then the relevant provision of the National Employment Standard operate to the extent of the detriment in lieu of the provisions of this clause.
b) The provisions of this clause apply to full time, part time and eligible casual Employees, but do not apply to other casual Employees.
c) An eligible casual Employee means a casual Employee:
i) employed by an Employer on a regular and systematic basis for a sequence of periods of employment or on a regular and systematic basis for an ongoing period of employment during a period of at least 12 months; and
ii) who has, but for the pregnancy or the decision to adopt, a reasonable expectation of ongoing employment.
d) For the purposes of this clause, continuous service is work for an Employer on a regular and systematic basis (including any period of authorised leave or absence).
e) An Employer must not fail to re-engage a casual Employee because:
i) the Employee or Employee’s spouse is pregnant; or
ii) the Employee is or has been immediately absent on parental leave.
f) The rights of an Employer in relation to engagement and re-engagement of casual Employees are not affected, other than in accordance with this clause.
i) For the purpose of this clause child means a child of the Employee under the age of one year except for adoption of an eligible child where ‘eligible child’ means a person under the age of five years who is placed with the Employee for the purposes of adoption, other than a child or step-child of the Employee or of the spouse of the Employee or a child who has previously lived continuously with the Employee for a period of six months or more.
ii) For the purposes of this Clause, spouse or partner includes a same sex partner, a de facto spouse, former spouse or former de facto spouse.
h) Basic entitlement
i) Employees who have, or will have, completed at least twelve months continuous service with the Employer, are entitled to a combined total of 52 weeks unpaid parental leave on a shared basis in relation to the birth or adoption of their child. Adoption leave may be taken in the case of adoption.
ii) Subject to the provisions relating to special maternity leave, parental leave is to be available to only one partner at a time, in a single unbroken period, except that both may simultaneously take:
(1) for maternity and partner’s leave, an unbroken period of up to one week at the time of the birth of the child or in the week immediately preceding the anticipated date of birth;
(2) for adoption leave, an unbroken period of up to three weeks at the time of placement of the child.
i) Paid Entitlement
i) An Employee, including a casual employee, who qualifies for unpaid maternity or adoption leave is also entitled to paid maternity or adoption leave as follows:
(1) An Employee will be entitled to 10 weeks’ paid Maternity Leave at the time of the birth of the child or earlier, as agreed.
(2) An Employee, including a casual employee, who qualifies for unpaid paternity leave is also entitled to paid paternity leave of one (1) week.
(3) An Employee who will be the primary care giver of an adopted child who commences adoption leave is entitled to the payment of ten weeks’ paid leave from the date that the child is placed with the Employee.
j) Additional Use of Carers Leave
If an Employee is required to attend pre-natal appointments or parenting classes and such appointments or classes are only available or can only be attended during the ordinary rostered shift of an Employee, then on production of satisfactory evidence of attendance at such appointment or class, the Employee may access his or her carers leave credit. The Employee must give the Employer prior notice of the Employee’s intention to take such leave.
k) When Leave Commences
i) Subject to sub-clause 31(k)(ii) and unless agreed otherwise between the Employer and Employee, an Employee may commence parental leave at any time within six weeks immediately prior to the expected date of birth.
ii) A female Employee shall be entitled to work until their estimated date of confinement except where this would present a risk to the Employee or the unborn child.
(1) If requested by the Employer, the Employee shall provide a statement confirming or otherwise, that their medical practitioner believes that continuation in their position is not a risk to the Employee or the unborn child. Such requested certificate must be provided not less than eight weeks prior to the Employees presumed date of confinement.
(2) If there is no confirmation that continuation of present position does not pose a risk to the Employee or the unborn child then the Employer will make all practical efforts to remedy an unsafe situation to allow the Employee to work until their estimated date of confinement. If this is not possible, the Employee will be offered a safe, alternate position in accordance with sub-clause (l) below.
l) Transfer to a safe job
i) Where an Employee is pregnant and, in the opinion of a medical practitioner, illness or risks arising out of the pregnancy or hazards connected with the work assigned to the Employee make it inadvisable for the Employee to continue at her present work, the
Employee shall, if the Employer deems it practicable, be transferred to a safe job with no other change to the Employee’s terms and conditions of employment until the commencement of maternity leave.
ii) If the Employer does not think it is reasonably practicable to transfer the Employee to a safe job, the Employee may take paid leave, or the Employer may require the Employee to take paid leave immediately for a period which ends at the earliest of either:
(1) when the Employee is certified unfit to work during the six week period before the expected date of confinement by a registered health practitioner; or
(2) when the Employee’s pregnancy results in the birth of a living child, or when the Employees pregnancy ends otherwise than in the birth of a living child.
iii) The entitlement to leave is in addition to any other leave entitlement the employee has.
m) Notice to Employer of intention to take leave Maternity leave
i) An Employee must provide notice to the Employer in advance of the expected date of commencement of parental leave. The notice requirements are:
(1) at least ten weeks before the expected date of confinement (included in a certificate from a registered health practitioner stating that the Employee is pregnant);
(2) at least four weeks before the first day of the intended continuous period of leave - notice of the date on which the Employee proposes to commence maternity leave and the period of leave to be taken .
ii) When the Employee gives notice under (1) the Employee must also provide a statutory declaration stating particulars of any period of partner’s leave sought or taken by her partner or spouse and that for the period of maternity leave she will not engage in any conduct inconsistent with her contract of employment.
iii) An Employee shall not be in breach of this clause as a consequence of failure to give the stipulated period of notice if such failure is occasioned by the confinement occurring earlier than the presumed date.
iv) An Employee will provide to the Employer at least ten weeks prior to each proposed period of partner’s leave, with:
(1) a certificate from a registered health practitioner which names their partner or spouse, states that she is pregnant and the expected date of confinement, or states the date on which the birth took place; and
(2) written notification of the dates on which he or she proposes to start and finish the period of partner’s leave; and
(3) a statutory declaration stating:
(i) he or she will take that period of partner’s leave to become the primary care- giver of a child;
(ii) particulars of any period of maternity leave sought or taken by their spouse or partner; and
(iii) that for the period of paternity leave he or she will not engage in any conduct inconsistent with their contract of employment.
(4) The Employee will not be in breach of sub-clause (iv) if the failure to give the required period of notice is because of the birth occurring earlier than expected, the death of the mother of the child, or other compelling circumstances.
v) The Employee will provide the Employer with written notice of their intention to apply for adoption leave as soon as is reasonably practicable after receiving a placement approval notice from an adoption agency or other appropriate body.
vi) The Employee must give written notice of the day when the placement with the Employee is expected to start as soon as possible after receiving a placement notice indicating the expected placement day. The Employee must give the following written notice of the first and last days of any period of adoption leave they intend to apply for because of the placement:
(1) Where a placement notice is received within the period of 8 weeks after receiving the placement approval notice – before the end of that 8 week period; or
(2) Where a placement notice is received after the end of the period of 8 weeks after receiving the placement approval notice - as soon as reasonably practicable after receiving the placement notice.
vii) As a general rule, the Employee must make application for leave to the Employer at least 10 weeks in advance of the date of commencement of long adoption leave and the period of leave to be taken, or 14 days in advance for short adoption leave. An Employee may commence adoption leave prior to providing such notice, where through circumstances beyond the Employee’s control, the adoption of a child takes place earlier.
viii)Before commencing adoption leave, an Employee will provide the Employer with a statement from an adoption agency of the day when the placement is expected to start and a statutory declaration stating:
(1) That the child is an eligible child, whether the employee is taking long or short adoption leave or both and the particulars of any other authorised leave to be taken because of the placement
(2) Except in relation to leave taken simultaneously with the child’s other adoptive parent under sub-clause (xii) below, that the employee is seeking adoption leave to become the primary care-giver of the child;
(3) particulars of any period of adoption leave sought or taken by the employee’s spouse; and
(4) that for the period of adoption leave the employee will not engage in any conduct inconsistent with their contract of employment.
ix) Where the placement of child for adoption with an Employee does not proceed or continue, the Employee will notify the Employer immediately and the Employer will nominate a time not exceeding four weeks from receipt of notification for the Employee’s return to work.
x) An Employee will not be in breach of this clause as a consequence of failure to give the stipulated periods of notice if such failure results from a requirement of an adoption agency to accept earlier or later placement of a child, the death of a spouse, or other compelling circumstances.
xi) An Employee seeking to adopt a child is entitled to unpaid leave for the purpose of attending any compulsory interviews or examinations as are necessary as part of the adoption procedure. The Employee and the Employer should agree on the length of the unpaid leave. Where agreement cannot be reached, the Employee is entitled to take up to two days unpaid leave. Where paid leave is available to the Employee, the Employer may require the Employee to take such leave instead.
xii) For the purposes of this Clause, adoption leave is:
(1) a single, unbroken period of unpaid leave (short adoption leave) of up to 3 weeks taken by an employee within the 3 weeks starting on the day of placement of an eligible child with the employee for adoption; or
(2) a single, unbroken period of unpaid leave (long adoption leave), other than short adoption leave, taken by an employee after the day of placement of an eligible child with the employee for adoption so that the employee can be the child’s primary care- giver.
n) Right to request
i) An Employee entitled to parental leave may request the Employer to allow the Employee:
(1) to extend the period of simultaneous unpaid parental leave provided for in sub- clause 31(h)(ii) up to a maximum of eight weeks;
(2) to extend the period of unpaid parental leave provided for in sub-clause 31(h) by a further continuous period of leave not exceeding 12 months;
(3) to return from a period of parental leave on a part-time basis until the child reaches school age;
(4) to assist the Employee in reconciling work and parental responsibilities.
ii) 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 of the workplace or the Employer’s business. Such grounds might include cost, lack of adequate replacement staff, loss of efficiency and the impact on customer service.
iii) Employee’s request and the Employer’s decision to be in writing
The Employee’s request and the Employer’s decision made under sub-clause 31(n) must be recorded in writing
iv) Request to return to work part-time
Where an Employee wishes to make a request under sub-clause 31(n) such a request must be made as soon as possible but no less than seven weeks prior to the date upon which the Employee is due to return to work from parental leave.
o) Variation of period of parental leave
Unless agreed otherwise between the Employer and Employee, an Employee may apply to their Employer to change the period of parental leave on one occasion. Any such change is to be notified at least two weeks prior to the commencement of the changed arrangements.
p) Special maternity leave and Personal Leave
i) An Employee who gives birth to a stillborn child (at or after 20 weeks gestation) or who gives birth to a live baby who subsequently dies, during or before the period of intended leave, will be entitled to the full amount of paid parental leave. In either of these circumstances, paid partner leave/primary carer leave will also apply.
ii) The Employee must as soon as practicable give notice to the Employer of the taking of leave advising the Employer of the period, or expected period, of the leave in accordance with the following:
(1) where the pregnancy terminates during the first 20 weeks, during the notified period/s the Employee is entitled to access any paid and/or unpaid personal illness leave entitlements in accordance with the relevant personal leave provisions;
(2) where the pregnancy terminates after the completion of 20 weeks, during the notified period/s the Employee is entitled to paid special maternity leave not exceeding the amount of paid maternity leave available under sub-clause 31(i), and thereafter, to unpaid special maternity leave
(3) If an Employee takes leave for a reason outlined in sub-clauses (ii)(1) and (2), the Employer may require the Employee to provide evidence that would satisfy a reasonable person or a certificate from a registered medical practitioner.
(4) Where the pregnancy of an Employee not then on maternity leave terminates within 28 weeks before the expected date of birth other than by the birth of a living child then:
(a) she shall be entitled to such period of unpaid leave (to be known as special maternity leave) as a medical practitioner certifies as necessary before her return to work; or
(b) for illness other than the normal consequences of confinement she shall be entitled, either in lieu of or in addition to special maternity leave, to such paid Personal Leave as to which she is then entitled and which a registered medical practitioner or registered midwife certifies as necessary before her return to work.
iii) Where an Employee not then on maternity leave suffers illness related to her pregnancy, she may take such paid personal leave as to which she is then entitled and such further unpaid leave (to be known as special maternity leave) as a registered health practitioner certifies as necessary before her return to work, provided that the aggregate of paid personal leave, special maternity leave and maternity leave shall not exceed the period to which the Employee is entitled under sub-clauses 31(h) or 31(n).
iv) For all purposes maternity leave shall include special maternity leave.
q) Parental leave and other entitlements
An Employee may in lieu of or in conjunction with parental leave, access any annual leave or long service leave entitlements which they have accrued.
r) Returning to work after a period of parental leave
i) An Employee will notify of their intention to return to work after a period of parental leave at least four weeks prior to the expiration of the leave.
ii) An Employee will be entitled to the position which they held immediately before proceeding on parental leave. In the case of an Employee transferred to a safe job pursuant to sub-clause 31(l), the Employee will be entitled to return to the position they held immediately before such transfer.
iii) Where such position no longer exists but there are other positions available which the Employee is qualified for and is capable of performing, the Employee will be entitled to a position as nearly comparable in status and pay to that of their former position.
s) Replacement Employees
i) A replacement Employee is an Employee specifically engaged or temporarily promoted or transferred, as a result of an Employee proceeding on parental leave.
ii) Before an Employer engages a replacement Employee the Employer must inform that person of the temporary nature of the employment and of the rights of the Employee who is being replaced.
t) Communication during Parental Leave
i) Where an Employee is on parental leave and a definite decision has been made to introduce significant change at the workplace, the Employer shall take reasonable steps to:
(1) 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 parental leave; and
(2) 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 parental leave.
ii) 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 parental leave to be taken, whether the Employee intends to return to work and whether the Employee intends to request to return to work on a part-time basis.
iii) The Employee shall also notify the Employer of changes of address or other contact details which might affect the Employer’s capacity to comply with sub-clause (t).
a) The provisions of this clause apply to full-time and part-time Employees (on a pro rata basis) but do not apply to casual Employees. The entitlements of casual Employees are set out in sub-clause 32(n) below:
i) The term immediate family includes:
(1) a spouse, de facto partner, child, parent, grandparent, grandchild or sibling of the employee; and
(2) a child, parent, grandparent, grandchild or sibling of a spouse or de facto partner of the employee.
c) Access to paid personal leave
i) Paid personal leave is available to an Employee, when they are absent:
(1) due to personal illness or injury; or
(2) for the purposes of caring for an immediate family or household member who has a personal illness or injury and requires the Employee’s care or support or who requires care due to an unexpected emergency.
d) Amount of paid personal leave
e) The amount of personal leave to which a full-time Employee is entitled depends on how long they have worked for the Employer and accrues as follows:
(1) An Employee is entitled to the following amount of paid personal leave:
(a) up to 7 hours and 36 minutes for each month of service in the first year of service;
(b) up to 106 hours and 24 minutes in each year in the second, third and fourth years of service;
(c) up to 152 hours in the fifth and following years of service.
(2) In respect of part-time Employees, the entitlement shall be on a pro rata basis of time worked.
f) Accrual of Personal Leave
i) The balance of Personal Leave entitlements which have not been taken in any year shall be cumulative from year to year.
ii) Where the one day absences referred to in sub-clause 31(p)(v) are not taken for a period of five years, an additional 38 hours Personal Leave shall be added to the Employee’s accrued entitlement.
g) Personal leave for personal injury or illness
An Employee is entitled to use the full amount of their personal leave entitlement including accrued personal leave for the purposes of personal illness or injury, subject to the conditions set out in this clause.
h) Personal leave to care for an immediate family or household member
i) An Employee is entitled to use personal leave, including accrued leave, to care for members of their immediate family or household who have a personal illness or injury
and require care or support or who require care due to an unexpected emergency, subject to the conditions set out in this clause. Leave may be taken for part of a single day. Each day or part of a day of personal leave taken in accordance with sub-clause 32(h)(i) is to be deducted from the amount of personal leave provided in sub-clause 32(d) or (f).
i) Where an Employee has exhausted all paid personal leave entitlements, they are entitled to take unpaid personal leave to care for members of their immediate family or household who have a personal illness or injury and require care or support or who require care due to an unexpected emergency. The Employer and the Employee shall agree on the period. In the absence of agreement, the Employee is entitled to take up to two days (up to a maximum of 16 hours) per occasion, provided the evidentiary requirements are met.
j) The entitlement to use personal leave is subject to the Employee being responsible for the care or support of the person concerned.
k) The Employee must, if required by the Employer, establish by production of a medical certificate from a registered health practitioner or statutory declaration, the illness of the person concerned and that the illness is such as to require care by another.
l) In normal circumstances an Employee must not take carer’s leave under this clause where another person has taken leave to care for the same person.
m) The Employee must, where practicable, give the Employer:
i) notice prior to the absence of the intention to take leave,
ii) the name of the person requiring care and their relationship to the Employee,
iii) the reasons for taking such leave and
iv) the estimated length of absence.
v) If it is not practicable for the Employee to give prior notice of absence, the Employee must notify the Employer by telephone of such absence at the first opportunity on the day of absence.
n) Casual Employment - Caring responsibilities
i) Subject to the evidentiary and notice requirements in this clause, casual Employees are entitled to not be available to attend work, or to leave work:
(1) if they need to care for members of their immediate family or household who have a personal illness or injury and require care or support, or who require care or support due to an unexpected emergency, or the birth of a child; or
(2) upon the death in Australia of an immediate family or household member.
ii) The Employer and the Employee shall agree on the period for which the Employee will be entitled to not be available to attend work. In the absence of agreement, the Employee is entitled to not be available to attend work for up to 48 hours (i.e. two days) per occasion. The casual Employee is not entitled to any payment for the period of non- attendance.
iii) An Employer must not fail to re-engage a casual Employee because the Employee accessed the entitlements provided for in this clause. The rights of an Employer to engage or not to engage a casual Employee are otherwise not affected.
o) Personal Leave to Attend Appointment
Where an Employee is absent from duty on account of a disability or required to attend a chiropodist/podiatrist, chiropractor, dentist, optometrist, osteopath, physiotherapist or psychologist, the Employee shall be granted out of paid personal leave entitlements, leave of absence for a period not exceeding five working days in aggregate in any Personal Leave year.
p) Personal Leave—documentary evidence
i) To be entitled to Personal Leave during the period, the employee must as far as is practicable notify the employer no later than two hours before the commencement of a shift of the intended absence. Employees rostered for duty prior to 11.00 a.m. on the day of such absence shall not be required to give such notice before 9.00 a.m. and the employee, in accordance with this section, give the Employer a document (the required document) of whichever of the following types applies:
(1) if it is reasonably practicable to do so—a medical certificate from a registered health practitioner;
(2) if it is not reasonably practicable for the employee to give the employer a medical certificate—a statutory declaration made by the employee on only 3 occasions per annum.
ii) The required document must be given to the employer as soon as reasonably practicable (which may be at a time before or after the Personal Leave has started). Documentation may include electronic copies of medical certificates or a statutory declaration provided that originals are provided within seven (7) days.
iii) The required document must include a statement to the effect that:
(1) if the required document is a medical certificate—in the registered health practitioner’s opinion, the employee was, is, or will be unfit for work during the period because of a personal illness or injury; or
(2) if the required document is a statutory declaration—the employee was, is, or will be unfit for work during the period because of a personal illness or injury.
iv) This section does not apply to an employee who could not comply with it because of circumstances beyond the employee’s control.
v) Provided that any Employee may be absent through personal illness or injury for one day without furnishing evidence of such personal illness or injury as provided in sub-clause 32(p) on not more than three occasions in any one year of service.
vi) The Employer shall provide and inform Employees of a procedure for notification by Employees of their inability to attend work due to illness or injury. All such notifications shall be registered, detailing the time of notification and the name of the Employee.
q) Termination of Employment while on Personal Leave
No Employer shall terminate the services of an Employee during the currency of any period of personal leave, with the object of avoiding obligations under this subclause.
a) For the purposes of this Clause, compassionate leave is paid leave taken by an employee:
i) for the purposes of spending time with a person who:
(1) is a member of the employee’s immediate family or a member of the employee’s household; and
(2) has a personal illness, or injury, that poses a serious threat to his or her life; or
(3) after the death of a member of the employee’s immediate family or a member of the employee’s household.
b) Subject to this Clause, an Employee is entitled to a period of 2 days of compassionate leave for each occasion (a permissible occasion) when a member of the employee’s immediate family or a member of the employee’s household:
i) contracts or develops a personal illness that poses a serious threat to his or her life; or
ii) sustains a personal injury that poses a serious threat to his or her life; or
c) An Employee is entitled to compassionate leave only if the Employee gives his or her Employer any evidence that the Employer reasonably requires of the illness, injury or death.
d) Taking compassionate leave
i) An employee who is entitled to a period of compassionate leave under sub-clause 41.1 for a particular permissible occasion is entitled to take the compassionate leave as:
(1) a single, unbroken period of 2 days; or
(2) 2 separate periods of 1 day each; or
(3) any separate periods to which the employee and his or her employer agree.
e) An employee who is entitled to a period of compassionate leave under sub-clauses 33(a) or
(b) because a member of the employee’s immediate family or a member of the employee’s household has contracted or developed a personal illness, or sustained a personal injury, is entitled to start to take the compassionate leave at any time while the illness or injury persists.
f) Compassionate leave—payment rule
i) If an employee takes compassionate leave during a period, the employee must be paid a rate for each hour (pro-rated for part hours) of compassionate leave taken that is no less than the employee’s ordinary rate of pay.
ii) An Employee may take unpaid bereavement leave by agreement with the Employer.
a) Employers will release Employees upon request to donate blood where a collection unit is on site or by arrangement at the local level.
b) At the discretion of the hospitals, which discretion will be exercised on the basis of operational requirements and what is reasonable in a particular circumstance, the Employer will facilitate an employee who is a member of a voluntary emergency relief organisation such as the Country Fire Authority, Red Cross, St Xxxx Ambulance and the State Emergency Service to be released from normal duty without loss of pay to assist in regard to a critical incident where a local emergency situation arises that requires the attendance of the employee.
c) An employee may receive paid leave for drug and alcohol courses will be at the discretion of the hospital.
a) Despite any inconsistent term in a contract of employment, an Employee who has been summoned for jury service and who has attended court, whether or not he or she has actually served on a jury, is entitled to be reimbursed by his or her Employer an amount equal to the difference between the amount of remuneration paid under section 51 of the Juries Xxx 0000 and the amount that he or she could reasonably expect to have received from the Employer as earnings for that period had he or she not been performing jury service.
b) An Employee must—
i) notify his or her Employer as soon as possible of the date on which he or she is required to attend for jury service; and
ii) give his or her Employer written details of—
(1) the date on which the Employee attended for jury service; and
(2) the duration of the period of jury service; and
(3) any remuneration paid to the Employee under section 51 of the Juries Xxx 0000; and
(4) give his or her Employer any other information as directed by the Juries Commissioner.
36) PUBLIC HOLIDAYS
a) An Employee shall be entitled to paid time off (or penalty payments for time worked) in respect of public holidays in accordance with this clause.
b) Subject to sub-clause 36(c) the public holidays to which this clause applies are the days determined under Victorian law as public holidays in respect of the following occasions:
i) New Year’s Day, Australia Day, Christmas Day and Boxing Day; and
ii) Good Friday, the Saturday immediately before Easter Sunday, Easter Monday, Anzac Day, Queen’s Birthday and Labour Day; and
iii) Melbourne Cup Day, or in lieu of Melbourne Cup Day, some other day as determined under Victorian law for a particular locality; and
iv) any additional public holiday declared or prescribed in Victoria or a locality in respect of occasions other than those set out in above
c) If a day or days are not determined in respect of any of the occasions (i), (ii) or (iii) under Victorian law in any year, the public holiday for that occasion will be the day or date upon which the public holiday was observed in the previous year.
d) Applicability of penalty payments for some public holidays falling on a weekend
i) When Christmas Day, Australia Day, Boxing Day, or New Year's Day (Actual Day) is a Saturday or a Sunday, and a substitute or additional holiday is determined under Victorian law on another day in respect of any of those occasions (Other Day):
ii) Weekend Workers and casual Employees shall receive penalty payments pursuant to sub-clause 36(f) for time worked on the Actual Day or on the Other Day if the employee does not work ordinary hours on the Actual Day; and
iii) all other employees will receive penalty payments pursuant to sub-clause 36(f) for time worked on the Other Day.
e) Substitution of one public holiday for another
i) An Employer, with the agreement of the Unions, may substitute another day for any prescribed in this clause other than Christmas Day, Boxing Day, New Year's Day and Australia Day:
ii) An Employer and its Employees may agree to substitute another day for any prescribed in this clause (other than Christmas Day, Boxing Day, New Year's Day and Australia Day). For this purpose, the consent of the majority of affected Employees shall constitute agreement.
iii) An agreement pursuant to sub-clause 36(e) shall be recorded in writing and be available to every affected Employee.
iv) The Unions shall be informed of an agreement pursuant to sub-clause 36(e) and may within seven days refuse to accept it. The Unions will not unreasonably refuse to accept the agreement.
v) If a Union refuses to accept an agreement, the parties will seek to resolve their differences to the satisfaction of the Employer, the Employees and the Union.
f) Penalty Payments in respect of public holidays
i) An Employee, other than a casual, who performs work (including overtime work) on a public holiday (or where Christmas Day, Boxing Day, New Year's Day or Australia Day fall on a weekend, the day to which penalty rates apply pursuant to sub-clause 36(d) shall be entitled to be paid;
(1) 200% (based on 1/38th of the weekly salary set out in Schedule B) for the time worked on a public holiday Monday to Friday; or
(2) 250% (based on 1/38th of the weekly salary set out in Schedule B) for the time worked on a public holiday on a Saturday or Sunday (which is inclusive of the rates in clause 22.6).
ii) A casual Employee who performs work (including overtime work) on a public holiday (or where Christmas Day, Boxing Day, New Year's Day or Australia Day fall on a weekend, the day to which penalty rates apply pursuant to sub-clause 36(d) shall be entitled to be paid inclusive of the casual loading;
(1) 250% (based on 1/38th of the weekly salary set out in Schedule B) for time worked on a public holiday Monday to Friday; or
(2) 312.5% (based on 1/38th of the weekly salary set out in Schedule B) for time worked on a public holiday on a Saturday or Sunday (which is inclusive of the rates in sub- clause 22(h)).
g) Accrued days off on public holidays
Where a public holiday falls on a day upon which a full-time Employee would ordinarily have been required to be on duty, but the Employee is on an accrued day off, another day shall be determined by the Employer to be taken by the Employee in lieu of the public holiday, such day to be within the same work cycle where practical.
h) Public holidays occurring on rostered days off
i) Subject to sub-clauses 36(h)(ii) and (iii) a full-time Employee shall receive a sum equal to a day’s ordinary pay for public holidays that occur on their rostered day off.
ii) Subject to sub-clause 36(h)(iii), if a public holiday falls on Saturday or Sunday then sub- clause 36(h)(i) will only apply to Weekend Workers. A Weekend Worker is an employee who works ordinary hours on a Saturday or Sunday.
iii) Where on each occasion that Christmas Day, Boxing Day, New Year's Day or Australia Day falls on a weekend, and under Victorian law an additional day or substitute day (Other Day) applies as a public holiday in respect of that occasion, and:
(1) the Employee is rostered off for both the actual day and the Other Day, then only one day's payment will be made under sub-clause 36(h)(i); or
(2) the Employee works only on one of either the actual day or the Other Day, and receives penalty rates for the day worked, the Employee will not receive a payment under sub-clause 36(h)(i) in respect of the day not worked.
i) Part-time Employees
i) Entitlement to public holidays for part-time employees
(1) Subject to the following provisions, part-time employees are entitled to payment for not working on public holidays. Casual employees are not entitled to payment for not working on public holidays.
ii) Fixed roster part-time employees
(1) A fixed roster part-time employee is an employee who normally or ordinarily works on the same days of the week as opposed to a variable roster. To be entitled to payment for a particular public holiday that occurs on a particular day of the week (e.g., Friday for Good Friday), a fixed roster part-time employee must normally or ordinarily and usually work on that particular day of the week and the employee’s roster does not commonly vary the days of the week on which the employee works.
(2) Where a public holiday falls on a particular day of the week on which a fixed roster part-time employee would not ordinarily work, then the fixed part-time roster employee is not entitled to receive payment for the public holiday.
(a) example: a fixed roster part-time employee works Monday to Wednesday each week. Good Friday falls on a Friday, which is a day when the employee does not ordinarily work. Therefore, there is no entitlement to payment for Good Friday unless the Employee actually works on that day
iii) Variable roster part-time Employees (i.e. those whose days of work do not normally or ordinarily occur on the same day(s) of the week)
(1) To be entitled to a public holiday that occurs on a particular day of the week, such a part-time Employee must have worked on 50% or more of the occasions on that particular day of the week in the six (6) months (i.e., 26 weeks) immediately preceding the public holiday.
(a) example: ANZAC Day falls on a Tuesday in a particular year. The variable roster Employee has worked on 17 Tuesdays in the six (6) months (i.e., 26 weeks) immediately preceding ANZAC Day. The variable roster part-time employee is
not rostered to work on ANZAC Day. Therefore, the variable roster Employee is entitled to receive a paid public holiday for ANZAC day as the Employee has worked on more than 50% of the Tuesdays (i.e., 17 is more than 50% of 26) in the 6 months immediately preceding ANZAC Day arising.
(2) In the event that a variable roster part-time Employee has taken any form of paid or unpaid leave during the six (6) months immediately preceding a public holiday, then the number of working weeks (i.e., excluding periods of paid or unpaid leave) will be used to determine whether the variable roster part-time Employee has worked 50% or more of the occasions on the particular day of the week on which a public holiday falls.
(a) For example, Australia Day arises on a Thursday in a particular year. The variable roster part-time employee has taken four (4) weeks annual leave during the six
(6) months immediately preceding Australia Day arising. For a variable roster part-time Employee to be entitled to receive payment for Australia Day when the variable roster employee does not work, then the Employee must have worked on 11 or more (i.e., 50% of 26 weeks minus 4 weeks annual leave) Thursdays in the 6 months immediately preceding Australia Day arising.
(3) Where the variable roster part-time Employee has less than six (6) months’ continuous service with the employer immediately preceding a particular public holiday, then to be entitled to the public holiday that occurs on a particular day of the week, a variable roster Employee must have worked on 50% or more of the occasions on that particular day of the week throughout the whole period of employment.
(a) For example, if a variable roster part-time employee’s length of service is only 16 weeks when a particular public holiday arises on a Wednesday, then for the variable roster part-time Employee to be entitled to payment for the public holiday that the variable roster part-time employee does not work, then the variable roster part-time Employee must have worked on 8 (i.e., 8 being 50% of the whole period of service, that is, 16 weeks) or more Wednesdays during the whole period of employment.
(4) Where a public holiday arises on a particular day of the week on which a variable roster part-time employee has not worked on 50% of the relevant occasions, then the variable roster employee is not entitled to receive payment for not working on the particular public holiday.
iv) Payment of public holidays for variable roster part-time employees
(1) Where variable roster part-time employee is entitled to receive payment for a public holiday and the employee does not work, then the employee will be paid at the ordinary rate of pay.
(2) Where a variable roster part-time employee does not have a normal number of hours on the particular day on which a public holiday occurs due to the variability of the employee’s roster and the employee is entitled to payment for not working on a
public holiday, then the variable roster part-time employee will be paid based on the average (i.e., arithmetic mean) number of ordinary hours that the employee received for working on this particular day over the preceding 6 months.
(a) For example, a public holiday arises on a Tuesday. A variable roster part-time employee is entitled to payment for not working on the public holiday that arises on a Tuesday because the variable roster part-time employee has worked on 15 Tuesdays in the 6 months immediately preceding the public holiday (i.e. the employee has worked on more than 50% of the Tuesdays in the 6 months immediately preceding the public holiday). The variable roster part-time employee’s number of hours of work on the 15 Tuesdays on which the employee has working in the last 6 months has varied from week to week. The total number of ordinary hours worked by the variable roster part-time employee over the 15 Tuesdays in the last six (6) months was 90 ordinary hours. Therefore, the variable roster part-time employee is entitled to be paid for 6 hours (i.e., 90 divided by 15 equals 6) on the public holiday in question.
a) The Employer has traditionally ensured that operating budgets make reasonable provision for the ongoing professional development of nursing staff. It will encourage all nursing staff to attend relevant seminars and conferences on a regular basis.
b) The Employer further agrees that full-time and part-time Employees will be entitled to five days paid leave for full-time staff and pro rata thereof for part-time staff, non-cumulative from year to year, subject to the training being of relevance to the nursing profession, . This leave is for the employee’s personal professional development rather than any mandatory training required by the employer and is in addition to other leave entitlements.
c) A “day” for the purposes of this clause is the Employee’s normal shift length. Paid Professional Development leave need not fall on a day that the employee is otherwise rostered to work.
d) To access the benefits of this provision it is the responsibility of the Employee to make an application for this leave. This leave is to be taken within each calendar year and is not cumulative.
e) An application for this leave, nominating the preferred date(s) will be made in writing providing a brief description of the nature of the professional development activity to be undertaken. The application may be for research, attendance at seminars and conferences. This application shall be made at least six weeks prior to the requested date(s) and shall be approved by the DON/Nurse Manager. The application shall not be unreasonably refused. The Nurses will be required to report on the seminar/conference etc. to the DON/Nurse Manager.
f) Back filling of vacancies will be arranged having regard to roster requirements.
g) Study Leave for Post Graduate Studies
i) Full time Employees shall be entitled to four hours paid Study Leave per week for twenty- six weeks per annum for approved graduate diplomas in any one year, and thirteen weeks per annum for approved graduate certificates in any one year for the purposes of attending courses and/or undertaking or preparing for examinations in a relevant post graduate course of study, whether by thesis, research, coursework, or a combination of these. Part time Employees shall be entitled to Study Leave in accordance with this clause on a pro rata basis. Leave entitlements pursuant to this clause shall not accumulate from year to year.
ii) Entitlement to Study Leave shall be granted for studies which are relevant to employment at the establishment and include and Enrolled Nurse pursuing post registration studies (e.g., Advanced Diploma) or a nursing degree.
iii) Entitlement to Study Leave shall be taken at a time that is mutually agreed between the employer and the Employee. The employer shall not unreasonably withhold approval for such leave. The leave may be taken by agreement in a format other than four hours per week. An example of this would be block release for residential study.
h) Continuing Professional Development Allowance
The Continuing Professional Development Allowance that was payable in the Healthscope Nurses and Midwives Agreement 2012-2016 under Clause 38.7 of that Enterprise Agreement will not be paid after 1 December 2015 as this Allowance has been absorbed into higher base rates of pay that will apply under this Enterprise Agreement from the first pay period to commence on or after 1 July 2016.
a) Major change - a change proposal is major change if it is likely to have a significant effect on employees resulting in:
i) the termination of the employment of employees; or
ii) major change to the composition, operation or size of the employer's workforce or to the skills required of employees; or
iii) the elimination or diminution of job opportunities (including opportunities for promotion or tenure); or
iv) the alteration of hours of work; or
v) the need to retrain employees; or
vi) the need to relocate employees to another workplace; or
vii) the restructuring of jobs.
b) ‘relevant Employees’ means the employees who may be affected by a change referred to in
c) The Employer will notify the relevant Employees of the decision to introduce the major change; and
d) The relevant Employees may appoint a representative for the purposes of the procedures in this term.
i) a relevant Employee appoints, or relevant Employees appoint, a representative, including the ANMF, for the purposes of consultation; and
ii) the Employee or Employees or ANMF advise the employer of the identity of the representative;
the Employer must recognise the representative.
f) As soon as practicable after making its decision, the Employer must:
i) discuss with the relevant Employees:
(1) the introduction of the change; and
(2) the effect the change is likely to have on the Employees; and
(3) measures the Employer is taking to avert or mitigate the adverse effect of the change on the Employees; and
ii) for the purposes of the discussion--provide, in writing, to the relevant Employees:
(1) all relevant information about the change including the nature of the change proposed; and
(2) information about the expected effects of the change on the Employees; and
(3) any other matters likely to affect the Employees.
iii) However, the Employer is not required to disclose confidential or commercially sensitive information to the relevant employees.
g) The Employer must give prompt and genuine consideration to matters raised about the major change by the relevant employees.
h) The Employees and the Employer are committed to a pro-active approach to problem solving in the workplace including the prevention and management of workplace injuries, the introduction of change and the development of an effective and viable health service.
i) The parties acknowledge that the organisation exists in a climate of change, and that effective introduction of workplace change occurs in an environment of co-operation and consultation. In the event that a need for significant change is identified during the life of this Agreement the Employer will convene a small working group including employee representatives of ANMF to facilitate the process of consultation.
j) Where possible, consultation should occur at a hospital, department or xxxx level, facilitated and assisted if necessary by a working group.
k) Without limiting the generality of the foregoing the Employer agrees to consult with employees and their representative in relation to any proposed changes to car parking charges prior to the changes. The parties recognise the constraints imposed upon the Employer where a car park is operated by a third party.
39) OCCUPATIONAL HEALTH AND SAFETY
a) The Employer will encourage and facilitate early reporting of incidents by Employees, and ensure Employees who report incidents are appropriately supported.
b) The Employer will provide information, instruction and training to Employees and management staff regarding the importance of incident reporting and prevention. To this end Healthscope will maintain a comprehensive Safer Manual Handling Program that satisfies the legislative, practical and effective risk management strategies required to comply with OHS legislation and EQuIP.
c) The parties to this Agreement recognise that consultation with Employees and their representatives is crucial to achieving a healthy and safe work environment for nurses. To this end, this Agreement recognises that it is the Employer’s responsibility to provide a working environment that is safe and without risk to health, and Employees must co-operate with the Employer’s efforts to provide such, and to control and manage health and safety hazards in the workplace. Hazards include, but are not exclusive to:
i) manual handling;
ii) Workplace bullying
iii) Fatigue and shiftwork
v) blood borne and other infectious diseases;
vii) violence and aggression; viii)hazardous substances; and
d) The parties agree to proactively work together to share information pertaining to policy, guidelines and processes relating to these and related issues.
40) CHANGE TO REGULAR ROSTER OR ORDINARY HOURS OF WORK
a) Where the Employer proposes to introduce a change to the regular roster or ordinary hours of work of Employees, the Employer will notify the relevant employees of the proposed change.
b) The relevant Employees may appoint a representative for the purposes of the procedures in this term. If:
i) a relevant Employee appoints, or relevant Employees appoint, a representative, including the ANMF, for the purposes of consultation; and
ii) the Employee or Employees or ANMF advise the Employer of the identity of the representative;
the Employer must recognise the representative.
c) As soon as practicable after proposing to introduce the change, the Employer must:
i) discuss with the relevant Employees the introduction of the change; and
ii) for the purposes of the discussion, provide to the relevant Employees:
(1) all relevant information about the change, including the nature of the change; and
(2) information about what the Employer reasonably believes will be the effects of the change on the Employees; and
(3) information about any other matters that the Employer reasonably believes are likely to affect the Employees; and
(4) invite the relevant Employees to give their views about the impact of the change (including any impact in relation to their family or caring responsibilities).
(5) However, the Employer is not required to disclose confidential or commercially sensitive information to the relevant Employees.
d) The Employer must give prompt and genuine consideration to matters raised about the change by the relevant Employees.
e) In this clause "relevant Employees" means the Employees who may be affected by a change referred in sub-clause 40(a).
i) Business includes trade, process, business or occupation and includes part of any such business.
ii) Redundancy occurs where the Employer has made a definite decision that it no longer wishes the job the Employee has been doing done by anyone and that decision leads to the termination of employment of the Employee, except where this is due to the ordinary and customary turnover of labour.
iii) Transmission includes transfer, conveyance, assignment or succession whether by agreement or by operation of law and transmitted has a corresponding meaning.
iv) Week's pay means the ordinary time rate of pay for the employee concerned. Provided that such rate shall exclude:
(2) penalty rates;
(3) disability allowances;
(4) shift allowances;
(5) special rates;
(6) fares and travelling time allowances;
(7) bonuses; and
(8) any other ancillary payments of a like nature.
b) Transfer to lower paid duties
Where an Employee is transferred to lower paid duties by reason of redundancy the same period of notice must be given as the employee would have been entitled to if the employment had been terminated and Healthscope may at their option, make payment in lieu thereof of an amount equal to the difference between the former ordinary rate of pay and the new ordinary time rate for the number of weeks of notice still owing.
c) Severance pay
An Employee whose employment is terminated by reason of redundancy is entitled to the following amount of severance pay in respect of a period of continuous service:
Period of continuous service Severance pay Less than 1 year Nil
1 year and less than 2 years 4 weeks' pay*
2 years and less than 3 years 6 weeks' pay
3 years and less than 4 years 7 weeks' pay
4 years and less than 5 years 8 weeks' pay 5 years and less than 6 years 10 weeks' pay 6 years and less than 7 years 11 weeks' pay 7 years and less than 8 years 13 weeks' pay 8 years and less than 9 years 14 weeks' pay 9 years and less than 10 years 16 weeks' pay 10 years and over 12 weeks' pay
Week's pay is defined in 45.1.
i) Provided that the severance payments shall not exceed the amount which the employee would have earned if employment with the employer had proceeded to the employee's normal retirement date.
ii) For the purposes of this clause, continuity of service shall be calculated in the manner prescribed by Clause 30 - Long Service Leave.
iii) Application may be made for variation of the severance pay provided for in this clause in a particular redundancy situation in accordance with the Redundancy Case Decision [PR032004, 26 March 2004] and the Redundancy Case Supplementary Decision [PR062004, 8 June 2004].
d) Employee leaving during notice period
An Employee given notice of termination in circumstances of redundancy may terminate his/her employment during the period of notice set out in this Agreement. In this circumstance the Employee will be entitled to receive the benefits and payments they would have received under this clause had they remained with Healthscope until the expiry of the notice, but will not be entitled to payment in lieu of notice.
e) Alternative employment
i) The Employer may, in a particular redundancy case, make application to the Tribunal to have the general severance pay prescription varied if the Employer obtains acceptable alternative employment for an Employee.
ii) This provision does not apply in circumstances involving transmission of business as set in sub-clause (g) below.
f) Job search entitlement
i) During the period of notice of termination given by the Employer in accordance with sub- clause 19(f), an Employee shall be allowed up to one day's time off without loss of pay during each week of notice for the purpose of seeking other employment.
ii) If the Employee has been allowed paid leave for more than one day during the notice period for the purpose of seeking other employment, the Employee shall, at the request of the Employer, be required to produce proof of attendance at an interview or he or she shall not receive payment for the time absent. For this purpose a statutory declaration will be sufficient.
g) Transmission of business
i) The provisions of this clause are not applicable where a business is transmitted from an employer (in this subclause called the transmittor) to another employer (in this subclause called the transmittee), in any of the following circumstances:
(1) Where the employee accepts employment with the transmittee which recognises the period of continuous service which the employee had with the transmittor and any
prior transmittor to be continuous service of the employee with the transmittee for all purposes including any qualifying period under the Fair Work Xxx 0000; or
(2) Where the employee rejects an offer of employment with the transmittee:
(a) in which the terms and conditions are substantially similar and no less favorable, considered on an overall basis, than the terms and conditions applicable to the employee at the time of ceasing employment with the transmittor; and
(b) which recognizes the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmittee for all purposes including any qualifying period under the Fair Work Xxx 0000.
(3) The Tribunal may vary the effect of sub-clause 41(g)(i)(ii) if it is satisfied that this provision would operate unfairly in a particular case.
h) Employees exempted - This clause does not apply to:
i) employees terminated as a consequence of serious misconduct that justifies dismissal without notice;
ii) probationary employees;
iii) employees engaged for a specific period of time or for a specified task or tasks; or
iv) casual employees.
a) At the Employer’s discretion, the Employer may approve attendance during working hours by an Employee of Aboriginal or Xxxxxx Strait Islander descent at any Aboriginal community meetings (excluding Annual General Meetings of Aboriginal community organisations at which the election of office bearers will occur). Leave is limited to up to three (3) days in any one calendar year.
b) An Employee who is legitimately required by Aboriginal or Xxxxxx Strait Islander tradition to be absent from work for ceremonial purposes will be entitled to up to ten working days unpaid leave in any one year, with the approval of the Employer.
c) Ceremonial leave granted under this clause is in addition to compassionate leave granted under this Agreement.
d) Prior to granting the granting of any paid or unpaid leave under this clause, the employee will provide evidence to the employer that will satisfy a reasonable person. The evidence should relate to the nature of the activities, the duration of the activities and the employee’s connection to these cultural activities.
a) For the purpose of this clause, family violence is defined as violent or threatening behaviour (including physical, sexual, emotional, psychological or financial abuse) directed towards an
employee by a member of the person's immediate family or household that causes the employee physical or psychological harm that has been reported to the police and/or may be the subject of an family violence intervention order.
b) An employee experiencing family and domestic violence will have access to up to five (5) days per year of paid 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 is non- cumulative from year to year.
c) 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.
d) To access paid and unpaid leave, where requested, the employee will provide the employer with evidence, to the employer’s satisfaction, substantiating the purpose(s) of the leave and that the leave is related to alleviating the effects of family violence. Whilst an employer may accept a variety of evidence in support of an application for leave, if requested by the employer, acceptable evidence will include a family violence intervention order or Police Report. In collecting evidence in support of a leave application, to protect privacy, it will be sufficient for the Employer to source evidence establishing the definition of family violence. It will therefore generally be unnecessary to access significant detail related to the precise circumstances of the family violence.
e) Matters related to family violence can be sensitive matters and therefore, information collected by the Employer associated with accessing leave will be managed in a sensitive manner. Employees encountering circumstances of family violence are also encouraged to discuss other ways where the Employer may be able to assist them.
a) Subject to operational requirements, the Employer will provide up to a 30 minute paid break per shift for an Employee to express breast milk for her nursing child for one year after the child’s birth.
b) The Employer will also provide a comfortable place, other than a bathroom, which may be used by an employee to express breast milk or breastfeed a child in privacy.
c) The Employer will provide access to refrigeration for the storage of breast milk. Responsibility for labelling, storage and use is with the Employee.
45) FLEXIBILITY TERM
a) The Employer and an Employee covered by this Enterprise Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement if:
i) the agreement deals with 1 or more of the following matters:
(1) arrangements about when work is performed;
(2) overtime rates;
(3) penalty rates;;
(5) leave loading; and;
ii) the arrangement meets the genuine needs of the Employer and Employee in relation to 1 or more of the matters mentioned in paragraph (a); and
iii) the arrangement is genuinely agreed to by the Employer and Employee.
b) The Employer must ensure that the terms of the individual flexibility arrangement:
i) are about permitted matters under section 172 of the Fair Work Xxx 0000; and
ii) are not unlawful terms under section 194 of the Fair Work Xxx 0000; and
iii) result in the Employee being better off overall than the Employee would be if no arrangement was made.
c) The Employer must ensure that the individual flexibility arrangement:
i) is in writing; and
ii) includes the name of the Employer and Employee; and
iii) is signed by the Employer and Employee and if the Employee is under 18 years of age, signed by a parent or guardian of the Employee; and
iv) includes details of:
(1) the terms of the Enterprise Agreement that will be varied by the arrangement; and
(2) how the arrangement will vary the effect of the terms; and
(3) how the Employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and
v) states the day on which the arrangement commences.
d) The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.
e) The Employer or Employee may terminate the individual flexibility arrangement:
i) by giving no more than 28 days written notice to the other party to the arrangement; or
ii) if the Employer and Employee agree in writing-at any time.
SIGNED for and on behalf of HEALTHSCOPE )
OPERATIONS PTY LTD in the presence of: )
Name of Witness (print)
This Agreement is signed on behalf of Healthscope Operations Pty Ltd by the above signed of Xxxxx 0, 000 Xx Xxxxx Xxxx Xxxxxxxxx XXX 0000. The above signed has the authority to execute the Agreement.
SIGNED for and on behalf of AUSTRALIAN ) NURSING AND MIDWIFERY FEDERATION by its authorised ) officers in the presence of: )
Name of Witness (print)
This Agreement is signed on behalf of the Australian Nursing and Midwifery Federation by Xxxx Xxxxxxxxxxx of 000 Xxxxxxxxx Xxxxxx Xxxxxxxxx XXX 0000. As State Secretary Xxxx Xxxxxxxxxxx has the authority to execute the Agreement.
Healthscope Operations Pty Ltd ACN 006 404 152 of Xxxxx 0, 000 Xx Xxxxx Xxxx Xxxxxxxx in the State of Victoria as owner and operator of the following Hospitals, plus any hospitals acquired by Healthscope in the state of Victoria during the period of operation of this Agreement:
North Eastern Rehabilitation Centre The Geelong Clinic
The Melbourne Clinic The Victoria Clinic
Northpark Private Hospital Geelong Private Hospital Como Private Hospital Xxxxxx Private Hospital Dorset Private Hospital
Xxxx Xxxxxxx Private Hospital Xxxx Private Hospital Ringwood Private Hospital Victorian Rehabilitation Centre Melbourne Private Hospital Bellbird Private Hospital
Frankston Private Day Surgery / Peninsula Oncology Centre
Weekly Full-time Rates of Pay – First Full Pay Period
Structure from Commencement of Agreement
Rate at Date of Lodgement of
Translation Structure from 30/6/2020
RN Grade 1
RN Grade 1
RN Grade 2 Year 1
RN Grade 2 Year 1
RN Grade 2 Year 2
RN Grade 2 Year 2
RN Grade 2 Year 3
RN Grade 2 Year 3
RN Grade 2 Year 4
RN Grade 2 Year 4
RN Grade 2 Year 5
RN Grade 2 Year 5
RN Grade 2 Year 6
RN Grade 2 Year 6
RN Grade 2 Year 7
RN Grade 2 Year 7
RN Grade 2 Year 8
RN Grade 2 Year 9
CNS / CMS
CNS / CMS
RN Grade 3A Y1
RN Grade 3A
RN Grade 3A Y2
RN Grade 3B Y1