MA000027 PR988397 |
|
ORDER |
Workplace Relations Act 1996
s.576E – Procedure for carrying out award modernisation process
HEALTH PROFESSIONALS AND SUPPORT SERVICES AWARD 2010
(AM2008/13)
JUSTICE GIUDICE, PRESIDENT |
MELBOURNE, 11 SEPTEMBER 2009 |
1. Further to the decision issued by the Commission on 2 September 2009 [[2009] AIRCFB 800], the Health Professionals and Support Services Award 2010 [MA000027 PR986368] is varied by incorporating transitional provisions in clause 2 and Schedule A.
2. The order commences on 1 January 2010.
3. The award as varied is attached.
BY THE COMMISSION:
PRESIDENT
Printed by authority of the Commonwealth Government Printer
<Price code G>
Health Professionals and Support Services Award 2010
The above award was first made on 3 April 2009 [PR986368]
This consolidated version of the award includes variations made on 11 September 2009 [PR988397]
NOTE: Transitional provisions may apply to certain clauses – see clause 2 and Schedule A
Table of Contents
[Varied by PR988397]
Part 1—Application and Operation
1. Title
2. Commencement and transitional
3. Definitions and interpretation
4. Coverage
5. Access to the award and the National Employment Standards
6. The National Employment Standards and this award
7. Award flexibility
Part 2—Consultation and Dispute Resolution
8. Consultation regarding major workplace change
9. Dispute resolution
Part 3—Types of Employment and Termination of Employment
10. Types of employment
11. Termination of employment
12. Redundancy
Part 4—Minimum Wages and Related Matters
13. Classifications
14. Minimum weekly wages for Support Services employees
15. Minimum weekly wages for Health Professional employees
16. Supported wage system
17. National training wage
18. Allowances
19. District allowances
20. Payment of wages
21. Accident pay
22. Superannuation
Part 5—Hours of Work and Related Matters
23. Ordinary hours of work
24. Span of hours
25. Rostering
26. Saturday and Sunday work
27. Breaks
28. Overtime penalty rates
29. Shiftwork
30. Higher duties
Part 6—Leave and Public Holidays
31. Annual leave
32. Public holidays
33. Personal/carer’s leave and compassionate leave
34. Community service leave
35. Ceremonial leave
Schedule A—Transitional Provisions
Schedule B—Classification Definitions
Schedule C—List of Common Health Professionals
Schedule D—Supported Wage System
Schedule E—National Training Wage
Part 1—Application and Operation
This award is the Health Professionals and Support Services Award 2010.
2. Commencement and transitional
[Varied by PR988397]
2.1 This award commences on 1 January 2010.
[2.2–2.6 inserted by PR988397]
2.2 The monetary obligations imposed on employers by this award may be absorbed into overaward payments. Nothing in this award requires an employer to maintain or increase any overaward payment.
2.3 This award contains transitional arrangements which specify when particular parts of the award come into effect. Some of the transitional arrangements are in clauses in the main part of the award. There are also transitional arrangements in Schedule A. The arrangements in Schedule A deal with:
• minimum wages and piecework rates
• casual or part-time loadings
• Saturday, Sunday, public holiday, evening or other penalties
• shift allowances/penalties.
2.4 Neither the making of this award nor the operation of any transitional arrangements is intended to result in a reduction in the take-home pay of employees covered by the award. On application by or on behalf of an employee who suffers a reduction in take-home pay as a result of the making of this award or the operation of any transitional arrangements, Fair Work Australia may make any order it considers appropriate to remedy the situation.
2.5 Fair Work Australia may review the transitional arrangements in this award and make a determination varying the award.
2.6 Fair Work Australia may review the transitional arrangements:
(a) on its own initiative; or
(b) on application by an employer, employee, organisation or outworker entity covered by the modern award; or
(c) on application by an organisation that is entitled to represent the industrial interests of one or more employers or employees that are covered by the modern award; or
(d) in relation to outworker arrangements, on application by an organisation that is entitled to represent the industrial interests of one or more outworkers to whom the arrangements relate.
3. Definitions and interpretation
3.1 In this award, unless the contrary intention appears:
Act means the Workplace Relations Act 1996 (Cth)
Commission means the Australian Industrial Relations Commission or its successor
employee has the meaning in the Act
employer has the meaning in the Act
enterprise award has the meaning in the Act
enterprise NAPSA means a NAPSA derived from a State award which immediately prior to 27 March 2006 applied only to a single business or a part of a single business
health industry means employers whose business and/or activity is in the delivery of health care, medical services and dental services
NAPSA means notional agreement preserving a State award and has the meaning in the Act
NES means National Employment Standards
shiftworker is an employee who is regularly rostered to work their ordinary hours outside the ordinary hours of work of a day worker as defined in clauses 24.1, 24.2 and 24.3.
standard rate means the minimum wage for a Health Professional employee—level 1 pay point 2 in clause 15.2
undergraduate 2 (UG 2) means an employee with a diploma or equivalent
3.2 Where this award refers to a condition of employment provided for in the NES, the NES definition applies.
4.1 This industry and occupational award covers:
(a) employers throughout Australia in the health industry and their employees in the classifications listed in clauses 14—Minimum weekly wages for support service employees and 15—Minimum weekly wages for health professional employees to the exclusion of any other modern award.
(b) employers engaging a health professional employee falling within the classification listed in clause 15.
4.2 This award does not cover an employee excluded from award coverage by the Act.
4.3 The award does not cover an employer bound by an enterprise award or enterprise NAPSA with respect to any employee who is covered by the enterprise award or NAPSA.
4.4 Where an employer is covered by more than one award, an employee of that employer is covered by the award classification which is most appropriate to the work performed by the employee and to the environment in which the employee normally performs the work.
5. Access to the award and the National Employment Standards
The employer must ensure that copies of this award and the NES are available to all employees to whom they apply either on a noticeboard which is conveniently located at or near the workplace or through electronic means, whichever makes them more accessible.
6. The National Employment Standards and this award
The NES and this award contain the minimum conditions of employment for employees covered by this award.
7.1 Notwithstanding any other provision of this award, an employer and an individual employee may agree to vary the application of certain terms of this award to meet the genuine individual needs of the employer and the individual employee. The terms the employer and the individual employee may agree to vary the application of are those concerning:
(a) arrangements for when work is performed;
(b) overtime rates;
(c) penalty rates;
(d) allowances; and
(e) leave loading.
7.2 The employer and the individual employee must have genuinely made the agreement without coercion or duress.
7.3 The agreement between the employer and the individual employee must:
(a) be confined to a variation in the application of one or more of the terms listed in clause 7.1; and
(b) result in the employee being better off overall than the employee would have been if no individual flexibility agreement had been agreed to.
7.4 The agreement between the employer and the individual employee must also:
(a) be in writing, name the parties to the agreement and be signed by the employer and the individual employee and, if the employee is under 18 years of age, the employee’s parent or guardian;
(b) state each term of this award that the employer and the individual employee have agreed to vary;
(c) detail how the application of each term has been varied by agreement between the employer and the individual employee;
(d) detail how the agreement results in the individual employee being better off overall in relation to the individual employee’s terms and conditions of employment; and
(e) state the date the agreement commences to operate.
7.5 The employer must give the individual employee a copy of the agreement and keep the agreement as a time and wages record.
7.6 Except as provided in clause 7.4(a) the agreement must not require the approval or consent of a person other than the employer and the individual employee.
7.7 An employer seeking to enter into an agreement must provide a written proposal to the employee. Where the employee’s understanding of written English is limited the employer must take measures, including translation into an appropriate language, to ensure the employee understands the proposal.
7.8 The agreement may be terminated:
(a) by the employer or the individual employee giving four weeks’ notice of termination, in writing, to the other party and the agreement ceasing to operate at the end of the notice period; or
(b) at any time, by written agreement between the employer and the individual employee.
7.9 The right to make an agreement pursuant to this clause is in addition to, and is not intended to otherwise affect, any provision for an agreement between an employer and an individual employee contained in any other term of this award.
Part 2—Consultation and Dispute Resolution
8. Consultation regarding major workplace change
(a) Where an employer has made a definite decision to introduce major changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, the employer must notify the employees who may be affected by the proposed changes and their representatives, if any.
(b) Significant effects include termination of employment; major changes in the composition, operation or size of the employer’s workforce or in the skills required; the elimination or diminution of job opportunities, promotion opportunities or job tenure; the alteration of hours of work; the need for retraining or transfer of employees to other work or locations; and the restructuring of jobs. Provided that where this award makes provision for alteration of any of these matters an alteration is deemed not to have significant effect.
8.2 Employer to discuss change
(a) The employer must discuss with the employees affected and their representatives, if any, the introduction of the changes referred to in clause 8.1, the effects the changes are likely to have on employees and measures to avert or mitigate the adverse effects of such changes on employees and must give prompt consideration to matters raised by the employees and/or their representatives in relation to the changes.
(b) The discussions must commence as early as practicable after a definite decision has been made by the employer to make the changes referred to in clause 8.1.
(c) For the purposes of such discussion, the employer must provide in writing to the employees concerned and their representatives, if any, all relevant information about the changes including the nature of the changes proposed, the expected effects of the changes on employees and any other matters likely to affect employees provided that no employer is required to disclose confidential information the disclosure of which would be contrary to the employer’s interests.
9.1 In the event of a dispute about a matter under this award, or a dispute in relation to the NES, in the first instance the parties must attempt to resolve the matter at the workplace by discussions between the employee or employees concerned and the relevant supervisor. If such discussions do not resolve the dispute, the parties will endeavour to resolve the dispute in a timely manner by discussions between the employee or employees concerned and more senior levels of management as appropriate.
9.2 If a dispute about a matter arising under this award or a dispute in relation to the NES is unable to be resolved at the workplace, and all appropriate steps under clause 9.1 have been taken, a party to the dispute may refer the dispute to the Commission.
9.3 The parties may agree on the process to be utilised by the Commission including mediation, conciliation and consent arbitration.
9.4 Where the matter in dispute remains unresolved, the Commission may exercise any method of dispute resolution permitted by the Act that it considers appropriate to ensure the settlement of the dispute.
9.5 An employer or employee may appoint another person, organisation or association to accompany and/or represent them for the purposes of this clause.
9.6 While the dispute resolution procedure is being conducted, work must continue in accordance with this award and the Act. Subject to applicable occupational health and safety legislation, an employee must not unreasonably fail to comply with a direction by the employer to perform work, whether at the same or another workplace that is safe and appropriate for the employee to perform.
Part 3—Types of Employment and Termination of Employment
10.1 Employment categories
(a) Employees under this award will be employed in one of the following categories:
(i) full-time;
(ii) part-time; or
(iii) casual.
(b) At the time of engagement an employer will inform each employee whether they are employed on a full-time, part-time or casual basis. An employer may direct an employee to carry out such duties that are within the limits of the employee’s skill, competence and training, consistent with the respective classification.
10.2 Full-time employment
A full-time employee is one who is engaged to work 38 hours per week or an average of 38 hours per week pursuant to clause 23—Ordinary hours of work of this award.
10.3 Part-time employment
(a) A part-time employee is an employee who is engaged to work less than the full-time hours of an average of 38 hours per week and who has reasonably predictable hours of work.
(b) Before commencing employment, the employer and employee will agree in writing on a regular pattern of work including the number of hours to be worked each week, the days of the week the employee will work and the starting and finishing times each day.
(c) The terms of the agreement may be varied by agreement and recorded in writing.
(d) The terms of this award will apply on a pro rata basis to part-time employees on the basis that the ordinary weekly hours for full-time employees are 38.
10.4 Casual employment
(a) A casual employee is an employee engaged as such on an hourly basis, other than as a part-time, full-time or fixed-term employee, to work up to and including 38 ordinary hours per week.
(b) A casual employee will be paid per hour calculated at the rate of 1/38th of the weekly rate appropriate to the employee’s classification. In addition, a loading of 25% of that rate will be paid instead of the paid leave entitlements of full-time employees.
(c) The minimum period of engagement of a casual employee is three hours with the exception of cleaners employed in private medical practices who will be engaged for a minimum of two hours.
11.1 Notice of termination is provided for in the NES.
11.2 Notice of termination by an employee
The notice of termination required to be given by an employee is the same as that required of an employer except that there is no requirement on the employee to give additional notice based on the age of the employee concerned. If an employee fails to give the required notice the employer may withhold from any monies due to the employee on termination under this award or the NES, an amount not exceeding the amount the employee would have been paid under this award in respect of the period of notice required by this clause less any period of notice actually given by the employee.
Where an employer has given notice of termination to an employee, an employee must be allowed up to one day’s time off without loss of pay for the purpose of seeking other employment. The time off is to be taken at times that are convenient to the employee after consultation with the employer.
12.1 Redundancy pay is provided for in the NES.
12.2 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 the employer may, at the employer’s option, make payment instead of an amount equal to the difference between the former ordinary time rate of pay and the ordinary time rate of pay for the number of weeks of notice still owing.
12.3 Employee leaving during notice period
An employee given notice of termination in circumstances of redundancy may terminate their employment during the period of notice. The employee is entitled to receive the benefits and payments they would have received under this clause had they remained in employment until the expiry of the notice, but is not entitled to payment instead of notice.
12.4 Job search entitlement
(a) An employee given notice of termination in circumstances of redundancy must 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.
(b) 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 must, at the request of the employer, produce proof of attendance at an interview or they will not be entitled to payment for the time absent. For this purpose a statutory declaration is sufficient.
(c) This entitlement applies instead of clause 11.3.
(a) Subject to clause 12.5(b), an employee whose employment is terminated by an employer is entitled to redundancy pay in accordance with the terms of a NAPSA:
(i) that would have applied to the employee immediately prior to 1 January 2010, if the employee had at that time been in their current circumstances of employment and no agreement made under the Act had applied to the employee; and
(ii) that would have entitled the employee to redundancy pay in excess of the employee’s entitlement to redundancy pay, if any, under the NES.
(b) The employee’s entitlement to redundancy pay under the NAPSA is limited to the amount of redundancy pay which exceeds the employee’s entitlement to redundancy pay, if any, under the NES.
(c) This clause does not operate to diminish an employee’s entitlement to redundancy pay under any other instrument.
(d) Clause 12.5 ceases to operate on 31 December 2014.
Part 4—Minimum Wages and Related Matters
[Sched A renumbered as Sched B by PR988397]
All employees covered by this award must be classified according to the structure and definitions set out in Schedule B—Classification Definitions. Employers must advise their employees in writing of their classification upon commencement and of any subsequent changes to their classification.
14. Minimum weekly wages for Support Services employees
14.1 Progression through pay points
Progression for all classifications for which there is more than one pay point will be by annual movement to the next pay point having regard to the acquisition and use of skills, or in the case of a part-time or casual employee, 1824 hours of similar experience.
14.2 Juniors in Support Services
Age |
% of level 1 rate |
Under 17 |
50 |
17 |
60 |
18 |
70 |
19 |
80 |
20 |
90 |
14.3 Support Service employees
Per week | |
$ | |
Level 1 |
580.00 |
Level 2 |
605.00 |
Level 3 |
630.00 |
Level 4 |
637.60 |
Level 5 |
660.00 |
Per week | |
$ | |
Level 6 |
697.00 |
Level 7 |
710.00 |
Level 8 |
|
Pay point 1 |
735.00 |
Pay point 2 |
755.00 |
Pay point 3 |
810.00 |
Level 9 |
|
Pay point 1 |
825.00 |
Pay point 2 |
855.00 |
Pay Point 3 |
862.00 |
15. Minimum weekly wages for Health Professional employees
15.1 Progression through pay points
(a) Progression through level 1
Employees will enter at the relevant pay point and then progress annually or, in the case of a part-time or casual employee, 1824 hours until they reach pay point 6.
(b) Progression through levels 2 - 4
Progression for all classifications for which there is more than one pay point will be by annual movement to the next pay point having regard to the acquisition and use of skills, or in the case of a part-time or casual employee, 1824 hours of similar experience.
15.2 Health Professional employee—level 1
Per week | |
$ | |
Pay point 1 (UG 2 qualification) |
670.00 |
Pay point 2 (three year degree entry) |
697.00 |
Pay point 3 (four year degree entry) |
729.00 |
Pay point 4 (masters degree entry) |
755.00 |
Pay point 5 (PhD entry) |
825.00 |
Pay point 6 |
855.00 |
15.3 Health Professional employee—level 2
Per week | |
$ | |
Pay point 1 |
860.00 |
Pay point 2 |
892.00 |
Pay point 3 |
927.00 |
Pay point 4 |
965.00 |
15.4 Health Professional employee—level 3
Per week | |
$ | |
Pay point 1 |
1,008.00 |
Pay point 2 |
1,037.00 |
Pay point 3 |
1,060.00 |
Pay point 4 |
1,108.00 |
Pay point 5 |
1,150.00 |
15.5 Health Professional employee—level 4
Per week | |
$ | |
Pay point 1 |
1,226.00 |
Pay point 2 |
1,310.00 |
Pay point 3 |
1,427.00 |
Pay point 4 |
1,578.00 |
[Sched C renumbered as Sched D by PR988397]
See Schedule D
[Sched D renumbered as Sched E by PR988397]
See Schedule E
18.1 Adjustment of expense related allowances
(a) At the time of any adjustment to the standard rate, each expense related allowance will be increased by the relevant adjustment factor. The relevant adjustment factor for this purpose is the percentage movement in the applicable index figure most recently published by the Australian Bureau of Statistics since the allowance was last adjusted.
(b) The applicable index figure is the index figure published by the Australian Bureau of Statistics for the Eight Capitals Consumer Price Index (Cat No. 6401.0), as follows:
Allowance |
Applicable Consumer Price Index figure |
Meal allowance |
Take away and fast foods sub-group |
Clothing, equipment and tools allowance |
Clothing and footwear group |
Tools allowance |
Tools component of the household appliances, utensils and tools sub-group |
Vehicle/travel allowance |
Private motoring sub-group |
Board and lodging |
Weighted average eight capital cities—CPI |
18.2 Blood check allowance
Any employee exposed to radiation hazards in the course of their work will be entitled to a blood count as often as is considered necessary and will be reimbursed for any out of pocket expenses arising from such test.
18.3 Clothing and equipment
(a) Employees required by the employer to wear uniforms will be supplied with an adequate number of uniforms appropriate to the occupation free of cost to employees. Such items are to remain the property of the employer and be laundered and maintained by such employer free of cost to the employee.
(b) Instead of the provision of such uniforms, the employer may, by agreement with the employee, pay such employee a uniform allowance at the rate of $1.23 per shift or part thereof on duty or $6.24 per week, whichever is the lesser amount. Where such employee’s uniforms are not laundered by or at the expense of the employer, the employee will be paid a laundry allowance of $0.32 per shift or part thereof on duty or $1.49 per week, whichever is the lesser amount.
(c) The uniform allowance, but not the laundry allowance, will be paid during all absences on leave, except absences on long service leave and absence on personal/carer’s 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 will be the average of the allowance paid during the four weeks immediately preceding the taking of leave.
(d) Where an employer requires an employee to wear rubber gloves, special clothing or where safety equipment is required for the work performed by an employee, the employer must reimburse the employee for the cost of purchasing such special clothing or safety equipment, except where such clothing or equipment is provided by the employer.
18.4 Damaged clothing allowance
(a) Where an employee, in the course of their employment suffers any damage to or soiling of clothing or other personal effects (excluding female hosiery), the employer will be liable for the replacement, repair or cleaning of such clothing or personal effects provided immediate notification is given of such damage or soiling.
(b) This clause will not apply where the damage or soiling is caused by the negligence of the employee.
18.5 Deduction for board and lodging
(a) Where the employer provides board and lodging, the wage rates prescribed in this award will be reduced by the following amounts per week:
(i) employees receiving full adult rate of pay—$20.40;
(ii) trainees—$9.20; or
(iii) where the employee buys their meals at ruling cafeteria rates, by an additional amount of—$12.70.
18.6 Heat allowance
(a) Where work continues for more than two hours in temperatures exceeding 46 degrees celsius employees will be entitled to 20 minutes rest after every two hours work without deduction of pay.
(b) It will be the responsibility of the employer to ascertain the temperature.
(c) The following amounts will be paid to employees employed at their current place of work prior to 8 August 1991, in the prescribed circumstances in addition to any other amounts specified elsewhere in this award.
Where an employee works for more than one hour in the shade in places where the temperature is raised by artificial means and:
(i) exceeds 40 degrees celsius but does not exceed 46 degrees celsius—0.05% of the standard rate per hour or part thereof.
(ii) exceeds 46 degrees celsius—0.06% of standard rate per hour or part thereof.
18.7 Meal allowances
(a) An employee will be supplied with an adequate meal where an employer has adequate cooking and dining facilities or be paid a meal allowance of $10.00 in addition to any overtime payment as follows:
(i) when required to work after the usual finishing hour of work beyond one hour or, in the case of shiftworkers, when the overtime work on any shift exceeds one hour.
(ii) Provided that where such overtime work exceeds four hours a further meal allowance of $9.00 will be paid.
(b) Clause 18.7(a) will not apply when an employee could reasonably return home for a meal within the meal break.
(c) On request meal allowance will be paid on the same day as overtime is worked.
18.8 Nauseous work allowance
An allowance of 0.05% of the standard rate per hour or part thereof will be paid to an employee in any classification if they are engaged in handling linen of a nauseous nature other than linen sealed in airtight containers and/or for work which is of an unusually dirty or offensive nature having regard to the duty normally performed by such employee in such classification. Any employee who is entitled to be paid this allowance will be paid a minimum sum of 0.27% of the standard rate for work performed in any week.
18.9 Occasional interpreting allowance
An employee not employed as a full-time interpreter who is required to perform interpreting duties will receive an additional 0.11% of the standard rate on each occasion with a maximum additional payment of 1.27% of the standard rate per week.
18.10 On call allowance
An employee required by the employer to be on call will receive the following additional amounts for each 24 hour period or part thereof:
(a) when the on call period is between Monday and Saturday inclusive—2.16% of the standard rate per 24 hour period; and
(b) when the on call period is on a Sunday or public holiday—4.31% of the standard rate per 24 hour period.
18.11 Telephone allowance
Where the employer requires an employee to install and/or maintain a telephone for the purpose of being on call, the employer will refund the installation costs and the subsequent rental charges on production of receipted accounts.
18.12 Tool allowance
A tool allowance of $10.25 per week for the supply and maintenance of tools will be paid to chefs and cooks who are not provided with all necessary tools by the employer.
18.13 Travelling, transport and fares
(a) An employee required and authorised to use their own motor vehicle in the course of their duties will be paid an allowance of not less than $0.74 per kilometre.
(b) When an employee is involved in travelling on duty, if the employer cannot provide the appropriate transport, 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.
(c) Provided further that the employee will not be entitled to reimbursement for expenses referred to in clause 18.13(b), which exceed the mode of transport, meals or the standard of accommodation agreed with the employer, for these purposes.
19.1 Northern Territory
An employee in the Northern Territory is entitled to payment of a district allowance in accordance with the terms of an award made under the Workplace Relations Act 1996 (Cth):
(a) that would have applied to the employee immediately prior to 1 January 2010, if the employee had at that time been in their current circumstances of employment and no agreement made under that Act had applied to the employee; and
(b) that would have entitled the employee to payment of a district allowance.
19.2 Western Australia
An employee in Western Australia is entitled to payment of a district allowance in accordance with the terms of a NAPSA or an award made under the Workplace Relations Act 1996 (Cth):
(a) that would have applied to the employee immediately prior to 1 January 2010, if the employee had at that time been in their current circumstances of employment and no agreement made under that Act had applied to the employee; and
(b) that would have entitled the employee to payment of a district allowance.
19.3 This clause ceases to operate on 31 December 2014.
20.1 Frequency of payment
Wages will be paid weekly or fortnightly or, by agreement between the employer and the majority of employees, monthly.
20.2 Method of payment
Wages will be paid by cash, cheque or electronic funds transfer, as determined by the employer, into the bank or financial institution account nominated by the employee.
21.1 Subject to clause 21.2, an employee is entitled to accident pay in accordance with the terms of:
(a) a NAPSA that would have applied to the employee immediately prior to 1 January 2010 or an award made under the Workplace Relations Act 1996 (Cth) that would have applied to the employee immediately prior to 27 March 2006, if the employee had at that time been in their current circumstances of employment and no agreement made under the Workplace Relations Act 1996 (Cth) had applied to the employee; and
(b) that would have entitled the employee to accident pay in excess of the employee’s entitlement to accident pay, if any, under any other instrument.
21.2 The employee’s entitlement to accident pay under the NAPSA or award is limited to the amount of accident pay which exceeds the employee’s entitlement to accident pay, if any, under any other instrument.
21.3 This clause does not operate to diminish an employee’s entitlement to accident pay under any other instrument.
21.4 This clause ceases to operate on 31 December 2014.
22.1 Superannuation legislation
(a) Superannuation legislation, including the Superannuation Guarantee (Administration) Act 1992 (Cth), the Superannuation Guarantee Charge Act 1992 (Cth), the Superannuation Industry (Supervision) Act 1993 (Cth) and the Superannuation (Resolution of Complaints) Act 1993 (Cth), deals with the superannuation rights and obligations of employers and employees. Under superannuation legislation individual employees generally have the opportunity to choose their own superannuation fund. If an employee does not choose a superannuation fund, any superannuation fund nominated in the award covering the employee applies.
(b) The rights and obligations in these clauses supplement those in superannuation legislation.
An employer must make such superannuation contributions to a superannuation fund for the benefit of an employee as will avoid the employer being required to pay the superannuation guarantee charge under superannuation legislation with respect to that employee.
22.3 Voluntary employee contributions
(a) Subject to the governing rules of the relevant superannuation fund, an employee may, in writing, authorise their employer to pay on behalf of the employee a specified amount from the post-taxation wages of the employee into the same superannuation fund as the employer makes the superannuation contributions provided for in clause 22.2.
(b) An employee may adjust the amount the employee has authorised their employer to pay from the wages of the employee from the first of the month following the giving of three months’ written notice to their employer.
(c) The employer must pay the amount authorised under clauses 22.3(a) or (b) no later than 28 days after the end of the month in which the deduction authorised under clauses 22.3(a) or (b) was made.
22.4 Superannuation fund
Unless, to comply with superannuation legislation, the employer is required to make the superannuation contributions provided for in clause 22.2 to another superannuation fund that is chosen by the employee, the employer must make the superannuation contributions provided for in clause 22.2 and pay the amount authorised under clauses 22.3(a) or (b) to one of the following superannuation funds:
(a) First State Super;
(b) Health Industry Plan (HIP);
(c) Health Employees Superannuation Trust of Australia (HESTA);
(d) Health Super;
(e) National Catholic Superannuation Fund;
(f) Sisters of Mercy Staff Superannuation Scheme;
(g) Sunsuper;
(h) Tasplan;
(i) CareSuper;
(j) Australian Superannuation Savings Employment Trust (Asset Super);
(k) UC Super; or
(l) any superannuation fund to which the employer was making superannuation contributions for the benefit of its employees before 12 September 2008, provided the superannuation fund is an eligible choice fund.
Part 5—Hours of Work and Related Matters
23.1 The ordinary hours of work for a full-time employee will be an average of 38 hours per week in a fortnight or four week period.
23.2 Not more than 10 ordinary hours of work (exclusive of meal breaks) are to be worked in any one day.
24.1 Unless otherwise stated, the ordinary hours of work for a day worker will be worked between 6.00 am and 6.00 pm Monday to Friday.
24.2 Private medical, dental and pathology practices
The ordinary hours of work for a full-time day worker will be worked between 7.30 am and 9.00 pm Monday to Friday and between 8.00 am and 4.30 pm on Saturday.
24.3 Private medical imaging practices
(a) Five and a half day practice
The ordinary hours of work for a full-time employee will be worked between 7.00 am and 9.00 pm Monday to Friday and between 8.00 am and 1.00 pm on Saturday.
(b) Seven day practice
Where the work location of a practice services patients on a seven day a week basis, the ordinary hours of work for a full-time employee at that location will be between 7.00 am and 9.00 pm Monday to Sunday. Work performed on a Saturday will be paid at the rate of time and a quarter of the employee’s ordinary rate of pay instead of the loading prescribed in clause 26. Work performed on a Sunday will be paid at the rate of time and a half of the employee’s ordinary rate of pay instead of the loading prescribed in clause 26.
(a) The ordinary hours of work for each employee will be displayed on a fortnightly roster in a place conveniently accessible to employees. The roster will be posted at least two weeks before the commencement of the roster period.
(b) Seven days’ notice will be given of a change in a roster. However, a roster may be altered at any time to enable the functions of the hospital, facility or organisation to be carried on where another employee is absent from duty on account of illness or in an emergency.
(c) Unless the employer otherwise agrees, an employee desiring a roster change will give seven days notice except where the employee is ill or in an emergency.
26.1 For all ordinary hours worked between midnight Friday and midnight Sunday, a day worker will be paid their ordinary hourly rate and an additional 50% loading.
26.2 A casual employee who works on a Saturday or Sunday will be paid a loading of 75% for all time worked instead of the casual loading of 25%.
27.1 Meal breaks
(a) An employee who works in excess of five hours will be entitled to an unpaid meal break of not less than 30 minutes and not more than 60 minutes.
(b) The time of taking the meal break may be varied by agreement between the employer and employee.
27.2 Tea breaks
(a) Every employee will be entitled to a paid 10 minute tea break in each four hours worked at a time to be agreed between the employer and employee.
(b) Subject to agreement between the employer and employee, such breaks may alternatively be taken as one 20 minute tea break.
(c) Tea breaks will count as time worked.
28.1 Overtime rates
(a) An employee who works outside their ordinary hours on any day will be paid at the rate of:
(i) time and a half for the first two hours; and
(ii) double time thereafter.
(b) All overtime worked on a Sunday will be paid at the rate of double time.
(c) These extra rates will be in substitution for and not cumulative upon the shift loading prescribed in clause 29—Shiftwork.
(d) Part-time employees
Where agreement has been reached in accordance with 10.3(c), a part-time employee who is required by the employer to work in excess of those agreed hours must be paid overtime in accordance with this clause
28.2 Rest period after overtime
(a) An employee who works so much overtime between the termination of their ordinary work on one day and the commencement of ordinary work on the next day that they have not had at least 10 consecutive hours off duty will be released after completion of such overtime until they have had 10 consecutive hours off duty without loss of pay for ordinary working time occurring during this absence.
(b) If, on the instructions of the employer, the employee resumes or continues work without having had 10 hours off duty, the employee will be paid at the rate of double time until they are released from duty for such a period. The employee is then entitled to be absent until they have had 10 consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.
28.3 Time off instead of payment for overtime
(a) An employee may elect, with the consent of the employer, to take time off instead of payment for overtime at a time agreed with the employer.
(b) Overtime taken as time off during ordinary hours will be taken at the ordinary time rate, that is, an hour for each hour worked.
28.4 Recall to work overtime
An employee who is recalled to work overtime after leaving the employer’s premises will be paid for a minimum of two hours’ work at the appropriate overtime rate.
28.5 Rest break during overtime
An employee working overtime will take a paid rest break of 20 minutes after each four hours of overtime worked if required to continue work after the break.
Where the ordinary rostered hours of work of an employee finish between 6.00 pm and 8.00 am or commence between 6.00 pm and 6.00 am, the employee will be paid an additional loading of 15% of their ordinary rate of pay.
30.1 A Support Services employee engaged in any duties carrying a higher wage rate than the classification in which they are ordinarily employed in any one day or shift will be paid at the higher wage rate for:
(a) the time so worked for two hours or less; or
(b) a full day or shift where the time so worked exceeds two hours.
30.2 An employee classified as a Health Professional who is authorised to assume the duties of another employee on a higher classification under this award for a period of five or more consecutive working days will be paid for the period for which they assumed such duties at not less than the minimum rate prescribed for the classification applying to the employee so relieved.
Part 6—Leave and Public Holidays
Annual leave is provided for in the NES. This clause contains additional provisions.
31.1 Quantum of leave
(a) In addition to the entitlements in the NES, a shiftworker or an employee who works for more than four ordinary hours on 10 or more weekends is entitled to an additional week’s annual leave on the same terms and conditions.
(b) For the purpose of the NES a shiftworker is defined as an employee who is regularly rostered to work their ordinary hours outside the ordinary hours of work of a day worker as defined in clause 24—Span of hours.
31.2 Annual leave loading
(a) In addition to their ordinary pay, an employee, other than a shiftworker, will be paid an annual leave loading of 17.5% of their ordinary rate of pay.
(b) Shiftworkers, in addition to their ordinary pay, will be paid the higher of:
(i) an annual leave loading of 17.5% of their ordinary rate of pay; or
(ii) the weekend and shift penalties the employee would have received had they not been on leave during the relevant period.
31.3 Leave in advance
(a) An employer may allow an employee to take annual leave either wholly or partly in advance of an entitlement accruing.
(b) Where annual leave has been taken in advance and the employment of the employee is terminated before completing the required amount of service to account for the leave, the employer is entitled to deduct the amount of leave in advance which is still owing from any remuneration payable to the employee upon termination of employment.
31.4 Close down periods—dental and medical practices
Where an employer temporarily closes a dental or medical practice, an employee may be directed to take paid annual leave during part or all of this period provided such direction is reasonable. Where an employee does not have sufficient accrued annual leave for this period, they may be required to take annual leave in advance where such requirement is reasonable.
Public holidays are provided for in the NES. This clause contains additional provisions.
32.1 Substitution
An employer and the employees may, by agreement, substitute another day for a public holiday. Where there is no agreement, the employer may substitute another day but not so as to give an employee less time off work than the employee would have had if the employee had received the public holiday.
32.2 Payment for working on a public holiday
Any employee required to work on a public holiday will be paid double time and a half for all time worked.
33. Personal/carer’s leave and compassionate leave
Personal/carer’s leave and compassionate leave are provided for in the NES.
Community service leave is provided for in the NES.
An employee who is legitimately required by Aboriginal tradition to be absent from work for Aboriginal ceremonial purposes will be entitled to up to 10 working days unpaid leave in any one year, with the approval of the employer.
Schedule A—Transitional Provisions
[Sched A inserted by PR988397]
A.1 General
A.1.1 The provisions of this schedule deal with minimum obligations only.
A.1.2 The provisions of this schedule are to be applied when there is a difference, in money or percentage terms, between a provision in a transitional minimum wage instrument (including the transitional default casual loading) or an award-based transitional instrument on the one hand and an equivalent provision in a modern award on the other.
A.2 Minimum wages – existing minimum wage lower
A.2.1 The following transitional arrangements apply to an employer which, immediately prior to 1 January 2010:
(a) was obliged,
(b) but for the operation of an agreement-based transitional instrument would have been obliged, or
(c) if it had been an employer in the industry or of the occupations covered by this award would have been obliged
by a transitional minimum wage instrument and/or an award-based transitional instrument to pay a minimum wage lower than that in this award for any classification of employee.
A.2.2 In this clause minimum wage includes:
(a) a minimum wage for a junior employee, an employee to whom training arrangements apply and an employee with a disability;
(b) a piecework rate; and
(c) any applicable industry allowance.
A.2.3 Prior to the first full pay period on or after 1 July 2010 the employer must pay no less than the minimum wage in the relevant transitional minimum wage instrument and/or award-based transitional instrument for the classification concerned.
A.2.4 The difference between the minimum wage for the classification in this award and the minimum wage in clause A.2.3 is referred to as the transitional amount.
A.2.5 From the following dates the employer must pay no less than the minimum wage for the classification in this award minus the specified proportion of the transitional amount:
First full pay period on or after |
|
1 July 2010 |
80% |
1 July 2011 |
60% |
1 July 2012 |
40% |
1 July 2013 |
20% |
A.2.6 The employer must apply any increase in minimum wages in this award resulting from an annual wage review.
A.2.7 These provisions cease to operate from the beginning of the first full pay period on or after 1 July 2014.
A.3 Minimum wages – existing minimum wage higher
A.3.1 The following transitional arrangements apply to an employer which, immediately prior to 1 January 2010:
(a) was obliged,
(b) but for the operation of an agreement-based transitional instrument would have been obliged, or
(c) if it had been an employer in the industry or of the occupations covered by this award would have been obliged
by a transitional minimum wage instrument and/or an award-based transitional instrument to pay a minimum wage higher than that in this award for any classification of employee.
A.3.2 In this clause minimum wage includes:
(a) a minimum wage for a junior employee, an employee to whom training arrangements apply and an employee with a disability;
(b) a piecework rate; and
(c) any applicable industry allowance.
A.3.3 Prior to the first full pay period on or after 1 July 2010 the employer must pay no less than the minimum wage in the relevant transitional minimum wage instrument and/or award-based transitional instrument for the classification concerned.
A.3.4 The difference between the minimum wage for the classification in this award and the minimum wage in clause A.3.3 is referred to as the transitional amount.
A.3.5 From the following dates the employer must pay no less than the minimum wage for the classification in this award plus the specified proportion of the transitional amount:
First full pay period on or after |
|
1 July 2010 |
80% |
1 July 2011 |
60% |
1 July 2012 |
40% |
1 July 2013 |
20% |
A.3.6 The employer must apply any increase in minimum wages in this award resulting from an annual wage review. If the transitional amount is equal to or less than any increase in minimum wages resulting from the 2010 annual wage review the transitional amount is to be set off against the increase and the other provisions of this clause will not apply.
A.3.7 These provisions cease to operate from the beginning of the first full pay period on or after 1 July 2014.
A.4 Loadings and penalty rates
For the purposes of this schedule loading or penalty means a:
• casual or part-time loading;
• Saturday, Sunday, public holiday, evening or other penalty;
• shift allowance/penalty.
A.5 Loadings and penalty rates – existing loading or penalty rate lower
A.5.1 The following transitional arrangements apply to an employer which, immediately prior to 1 January 2010:
(a) was obliged,
(b) but for the operation of an agreement-based transitional instrument would have been obliged, or
(c) if it had been an employer in the industry or of the occupations covered by this award would have been obliged
by the terms of the transitional default casual loading or an award-based transitional instrument to pay a particular loading or penalty lower than that in this award for any classification of employee.
A.5.2 Prior to the first full pay period on or after 1 July 2010 the employer must pay no less than the transitional default casual loading or the loading or penalty in the relevant award-based transitional instrument for the classification concerned.
A.5.3 The difference between the loading or penalty in this award and the rate in clause A.5.2 is referred to as the transitional percentage.
A.5.4 From the following dates the employer must pay no less than the loading or penalty in this award minus the specified proportion of the transitional percentage:
First full pay period on or after |
|
1 July 2010 |
80% |
1 July 2011 |
60% |
1 July 2012 |
40% |
1 July 2013 |
20% |
A.5.5 These provisions cease to operate from the beginning of the first full pay period on or after 1 July 2014.
A.6 Loadings and penalty rates – existing loading or penalty rate higher
A.6.1 The following transitional arrangements apply to an employer which, immediately prior to 1 January 2010:
(a) was obliged,
(b) but for the operation of an agreement-based transitional instrument would have been obliged, or
(c) if it had been an employer in the industry or of the occupations covered by this award would have been obliged
by the terms of an award-based transitional instrument to pay a particular loading or penalty higher than that in this award for any classification of employee.
A.6.2 Prior to the first full pay period on or after 1 July 2010 the employer must pay no less than the loading or penalty in the relevant award-based transitional instrument.
A.6.3 The difference between the loading or penalty in this award and the rate in clause A.6.2 is referred to as the transitional percentage.
A.6.4 From the following dates the employer must pay no less than the loading or penalty in this award plus the specified proportion of the transitional percentage:
First full pay period on or after |
|
1 July 2010 |
80% |
1 July 2011 |
60% |
1 July 2012 |
40% |
1 July 2013 |
20% |
A.6.5 These provisions cease to operate from the beginning of the first full pay period on or after 1 July 2014.
A.7 Loadings and penalty rates – no existing loading or penalty rate
A.7.1 The following transitional arrangements apply to an employer not covered by clause A.5 or A.6 in relation to a particular loading or penalty.
A.7.2 Prior to the first full pay period on or after 1 July 2010 the employer need not pay the loading or penalty in this award.
A.7.3 From the following dates the employer must pay no less than the following percentage of the loading or penalty:
First full pay period on or after |
|
1 July 2010 |
20% |
1 July 2011 |
40% |
1 July 2012 |
60% |
1 July 2013 |
80% |
A.7.4 These provisions cease to operate from the beginning of the first full pay period on or after 1 July 2014.
Schedule B—Classification Definitions
[Sched A renumbered as Sched B by PR988397]
B.1 Support Services employees—definitions
B.1.1 Support Services employee—level 1
Entry level:
An employee with less than three months work experience in the industry and who performs basic duties.
An employee at this level:
• works within established routines, methods and procedures;
• has minimal responsibility, accountability or discretion;
• works under direct or routine supervision, either individually or in a team; and
• is not required to have previous experience or training.
Indicative roles at this level are:
General and administrative services |
Food services |
Technical and clinical |
Assistant gardener Car park attendant Cleaner General clerk Hospital orderly Incinerator operator Laundry hand Seamsperson |
Food and domestic services assistant |
Animal house attendant CSSD attendant Darkroom processor Dental assistant (unqualified) Laboratory assistant Medical imaging support Orthotic technician Recording attendant (including EEG & ECG) Social work/Welfare aide Theatre attendant |
B.1.2 Support Services employee—level 2
An employee at this level:
• is capable of prioritising work within established routines, methods and procedures;
• is responsible for work performed with a limited level of accountability or discretion;
• works under limited supervision, either individually or in a team;
• possesses sound communication skills; and
• requires specific on-the-job training and/or relevant skills training or experience.
In addition to level 1, other indicative roles at this level are:
General and administrative services |
Food services |
Technical and clinical |
Driver (less than 3 tonne) Gardener (non-trade) General clerk/Typist (between 3 months and less than 1 years service) Housekeeper Maintenance/Handyperson (unqualified) Storeperson |
Diet cook (a person responsible for the conduct of a diet kitchen; an unqualified (non-trade) cook employed as a sole cook in a kitchen. |
Instrument technician Personal care worker grade 1 |
B.1.3 Support Services employee—level 3
An employee, other than an administrative/clerical employee, at this level:
• is capable of prioritising work within established routines, methods and procedures;
• is responsible for work performed with a medium level of accountability or discretion;
• works under limited supervision, either individually or in a team;
• possesses sound communication and/or arithmetic skills; and
• requires specific on-the-job training and/or relevant skills training or experience.
An administrative/clerical employee at this level undertakes a range of basic clerical functions within established routines, methods and procedures.
Indicative roles performed at this level are:
General and administrative services |
Food services |
Technical and clinical |
Driver (less than 3 tonne) who is required to hold a St John Ambulance first aid certificate. General clerk/Typist (second and subsequent years of service) Receptionist |
Food monitor (an employee whose primary function is to liaise with patients and staff to obtain appropriate meal requirements of patients, and to tally and collate the overall results). |
Instrument technician Laboratory assistant Personal care worker grade 2 Theatre technician |
B.1.4 Support Services employee—level 4
An employee at this level:
• is capable of prioritising work within established policies, guidelines and procedures;
• is responsible for work performed with a medium level of accountability or discretion;
• works under limited supervision, either individually or in a team;
• possesses good communication, interpersonal and/or arithmetic skills; and
• requires specific on-the-job training, may require formal qualifications and/or relevant skills training or experience at Certificate III level.
Indicative roles performed at this level are:
General and administrative services |
Food services |
Technical and clinical |
Clerk (ward, casualty, medical records etc.) Driver (3 tonne and over) Gardener (trade) Medical imaging administration Printer (trade) Security officer |
Trade cook |
Dental assistant (qualified) Dental technician Instrument technician (qualified) Orthotic technician Pathology collector Pathology technician Personal care worker grade 3 Theatre technician (qualified) |
B.1.5 Support Services employee—level 5
An employee at this level:
• is capable of functioning semi autonomously, and prioritising their own work within established policies, guidelines and procedures;
• is responsible for work performed with a substantial level of accountability;
• works either individually or in a team;
• in the case of an administrative/clerical employee, requires a comprehensive knowledge of medical terminology and/or a working knowledge of health insurance schemes;
• may require basic computer knowledge or be required to use a computer on a regular basis;
• possesses administrative skills and problem solving abilities;
• possesses well developed communication, interpersonal and/or arithmetic skills; and
• requires substantial on-the-job training and may require formal qualifications at trade or certificate level and/or relevant skills training or experience.
Indicative roles performed at this level are:
General and administrative services |
Food services |
Technical and clinical |
Interpreter (unqualified) Medical audio typist Medical imaging administration Medical stenographer Secretary |
Senior cook |
Dental assistant Orthotic technician Pathology collector Personal care worker grade 4 Pharmacy technician Theatre technician |
B.1.6 Support Services employee—level 6
An employee at this level:
• is capable of functioning with a high level of autonomy, and prioritising their work within established policies, guidelines and procedures;
• is responsible for work performed with a substantial level of accountability and responsibility;
• works either individually or in a team;
• may require comprehensive computer knowledge or be required to use a computer on a regular basis;
• possesses administrative skills and problem solving abilities;
• possesses well developed communication, interpersonal and/or arithmetic skills; and
• may require formal qualifications at post-trade or Advanced Certificate or Associate Diploma level and/or relevant skills training or experience.
Indicative roles performed at this level are:
General and administrative services |
Food services |
Technical and clinical |
Computer clerk (advanced) Gardener (advanced) Pay clerk (advanced) Library technician Medical imaging administration Printer (advanced) |
Chef |
Anaesthetic technician Pathology collector Pathology technician Pharmacy technician |
B.1.7 Support Services employee—level 7
An employee at this level:
• is capable of functioning autonomously, and prioritising their work and the work of others within established policies, guidelines and procedures;
• is responsible for work performed with a substantial level of accountability and responsibility;
• may supervise the work of others, including work allocation, rostering and guidance;
• works either individually or in a team;
• may require comprehensive computer knowledge or be required to use a computer on a regular basis;
• possesses developed administrative skills and problem solving abilities;
• possesses well developed communication, interpersonal and/or arithmetic skills; and
• may require formal qualifications at trade or Advanced Certificate or Associate Diploma level and/or relevant skills training or experience.
Indicative roles performed at this level are:
General and administrative services |
Food services |
Technical and clinical |
Gardener superintendent General clerical supervisor General services supervisor Interpreter (qualified) Medical imaging Administration |
Food services supervisor Senior chef |
Personal care worker grade 5 Technical and therapy supervisor |
B.1.8 Support Services employee—level 8
Employees at this level will typically have worked or studied in a relevant field and will have achieved a standard of relevant and/or specialist knowledge and experience sufficient to enable them to independently advise on a range of activities and features and contribute, as required, to the determination of objectives, within the relevant field/s of their expertise.
They are responsible and accountable for their own work; and may have delegated responsibility for the work under their control or supervision, in terms of, inter alia, scheduling workloads, resolving operations problems, monitoring the quality of work produced as well as counselling staff for performance as well as work related matters.
They would also be able to train and to supervise employees in lower levels by means of personal instruction and demonstration. They often exercise initiative, discretion and judgment in the performance of their duties.
The possession of relevant post secondary qualifications may be appropriate but not essential.
Indicative typical duties and skills in this level may include:
• operating and having responsibility for a complex and diverse payroll system;
• applying detailed knowledge of the organisation’s objectives, performance, projected areas of growth, product trends and general industry conditions for the purposes of assisting in developing policy or new products and services to meet changing market needs or other circumstances;
• using computer software packages including evaluating and determining optimum software solutions or the integration of complex word processing/data/graphics text;
• finalising quotations or costings by applying a detailed knowledge of variable inputs, margins, market conditions, supply and delivery arrangements; or
• preparing internal reports for management in any or all of the following areas:
(a) account/financial;
(b) staffing;
(c) legislative requirement; and
(d) other significant company activities/operations.
B.1.9 Support Services employee—level 9
Work at this level is usually performed in relation to established priorities, task methodology and work practices to achieve results in line with the organisation goals.
The work may include preparing papers and reports, drafting complex correspondence for senior employees, undertaking activities of a specialist or detailed nature, assisting in the preparation of procedural guidelines, providing, interpreting and analysing information for clients or other interested parties, exercising specific process responsibilities, and overseeing and co-ordinating the work of subordinate staff.
Work at this level includes supervision of a work group, small work area or office within the total organisational structure and co-ordination of a range of organisation functions.
Work is performed under general direction as to work priorities and may be of a technical or professional, project, procedural or processing nature, or a combination of these.
Direction exercised over work performed at this level may be less direct than at lower levels and is usually related to task methodologies and work practices. Employees at this level are expected to set priorities and to monitor work flow in the area of responsibility.
The work at this level requires the application of knowledge usually gained through previous experience in the discipline or from post secondary or tertiary study. The work may require the co-ordination of a range of organisation functions and the exercising of judgment and/or delegated authority in areas where precedents or procedures are not clearly defined.
Independent action may be exercised at this level, e.g. developing procedures, management strategies and guidelines.
Indicative typical duties and skills at this level may include:
• supervising staff, setting priorities, monitoring work flow, and the development of strategies or work practices;
• having responsibility for the development of appropriate training programmes related to group development;
• applying equal employment opportunity and industrial relations principles;
• providing advice in relation to personal and career development related to work requirements;
• liaising or communicating with clients or other interested groups;
• general knowledge of the organisation’s operations, combined with specialist knowledge of major activities within the work area; or
• being able to investigate interpret or evaluate information where legislation, regulations, instructions or procedural guidelines do not give adequate or specific answers.
B.2 Health Professional employees—definitions
[Sched B renumbered as Sched C by PR988397]
A list of common health professionals which are covered by the definitions is contained in Schedule C—List of Common Health Professionals.
B.2.1 Health Professional—level 1
Positions at level 1 are regarded as entry level health professionals and for initial years of experience.
This level is the entry level for new graduates who meet the requirement to practise as a health professional (where appropriate in accordance with their professional association’s rules and be eligible for membership of their professional association) or such qualification as deemed acceptable by the employer. It is also the level for the early stages of the career of a health professional.
B.2.2 Health Professional—level 2
A health professional at this level works independently and is required to exercise independent judgment on routine matters. They may require professional supervision from more senior members of the profession or health team when performing novel, complex, or critical tasks. They have demonstrated a commitment to continuing professional development and may have contributed to workplace education through provision of seminars, lectures or in-services. At this level the health professional may be actively involved in quality improvement activities or research.
At this level the health professional contributes to the evaluation and analysis of guidelines, policies and procedures applicable to their clinical/professional work and may be required to contribute to the supervision of discipline specific students.
B.2.3 Health Professional—level 3
A health professional at this level would be experienced and be able to independently apply professional knowledge and judgment when performing novel, complex, or critical tasks specific to their discipline. At this level health professionals will have additional responsibilities
An employee at this level:
• works in an area that requires high levels of specialist knowledge and skill as recognised by the employer;
• is actively contributing to the development of professional knowledge and skills in their field of work as demonstrated by positive impacts on service delivery, positive referral patterns to area of expertise and quantifiable/measurable improvements in health outcomes;
• may be a sole discipline specific health professional in a metropolitan, regional or rural setting who practices in professional isolation from health professionals from the same discipline;
• is performing across a number of recognized specialties within a discipline;
• may be accountable for allocation and/or expenditure of resources and ensuring targets are met and is responsible for ensuring optimal budget outcomes for their customers and communities;
• may be responsible for providing regular feedback and appraisals for senior staff to improve health outcomes for customers and for maintaining a performance management system; and
• is responsible for providing support for the efficient, cost effective and timely delivery of services.
B.2.4 Health Professional—level 4
A health professional at this level applies a high level of professional judgment and knowledge when performing a wide range of novel, complex, and critical tasks, specific to their discipline.
An employee at this level:
• has a proven record of achievement at a senior level;
• has the capacity to allocate resources, set priorities and ensure budgets are met within a large and complex organisation;
• may be responsible to the executive for providing effective services and ensuring budget/strategic targets are met;
• supervises staff where required; and
• is expected to develop/implement and deliver strategic business plans which increase the level of care to customers within a budget framework.
Schedule C—List of Common Health Professionals
[Sched B renumbered as Sched C by PR988397]
Acupuncturist
Aromatherapist
Art Therapist
Audiologist
Biomedical Engineer
Biomedical Technologist
Cardiac Technologist Health Information Manager
Child Psychotherapist
Chiropractor
Client Advisor/Rehabilitation Consultant
Clinical Perfusionist
Community Development Worker
Counsellor
Dental Therapist
Dental Hygienist
Dietician
Diversional Therapist
Exercise Physiologist
Genetics Counsellor
Homeopathist
Masseur, Remedial
Medical Imaging Technologist (MIT)
(Including: Medical Radiographer; Ultrasonographer; Magnetic Resonance Imaging Technologist; Nuclear Medicine Technologist; and Radiation Therapist)
Medical Laboratory Technician
Medical Librarian
Medical Photographer/Illustrator
Medical Record Administrator
Medical Technician/Renal Dialysis Technician
Musculoskeletal Therapist
Music Therapist
Myotherapist
Naturopathist
Nuclear Medicine Technologist (NMT)
Occupational Therapist
Orthoptist
Osteopath
Pastoral Carer
Pharmacist
Physiotherapist
Play Therapist
Podiatrist
Prosthetist/Orthotist
Psychologist
Radiation Therapy Technologist (RTT)
Recreation Therapist
Reflexologist
Research Technologist
Medical Scientist
Social Worker
Sonographer
Speech Pathologist
Welfare Worker
Youth Worker
Schedule D—Supported Wage System
[Sched C renumbered as Sched D by PR988397]
D.1 This schedule defines the conditions which will apply to employees who because of the effects of a disability are eligible for a supported wage under the terms of this award.
D.2 In this schedule:
approved assessor means a person accredited by the management unit established by the Commonwealth under the supported wage system to perform assessments of an individual’s productive capacity within the supported wage system
assessment instrument means the tool provided for under the supported wage system that records the assessment of the productive capacity of the person to be employed under the supported wage system
disability support pension means the Commonwealth pension scheme to provide income security for persons with a disability as provided under the Social Security Act 1991, as amended from time to time, or any successor to that scheme
relevant minimum wage means the minimum wage prescribed in this award for the class of work for which an employee is engaged
supported wage system means the Commonwealth Government system to promote employment for people who cannot work at full award wages because of a disability, as documented in the Supported Wage System Handbook. The Handbook is available from the following website: www.jobaccess.gov.au
SWS wage assessment agreement means the document in the form required by the Department of Education, Employment and Workplace Relations that records the employee’s productive capacity and agreed wage rate
D.3 Eligibility criteria
D.3.1 Employees covered by this schedule will be those who are unable to perform the range of duties to the competence level required within the class of work for which the employee is engaged under this award, because of the effects of a disability on their productive capacity and who meet the impairment criteria for receipt of a disability support pension.
D.3.2 This schedule does not apply to any existing employee who has a claim against the employer which is subject to the provisions of workers compensation legislation or any provision of this award relating to the rehabilitation of employees who are injured in the course of their employment.
D.4 Supported wage rates
D.4.1 Employees to whom this schedule applies will be paid the applicable percentage of the relevant minimum wage according to the following schedule:
Assessed capacity (clause D.5) % |
Relevant minimum wage % |
10 |
10 |
20 |
20 |
30 |
30 |
40 |
40 |
50 |
50 |
60 |
60 |
70 |
70 |
80 |
80 |
90 |
90 |
D.4.2 Provided that the minimum amount payable must be not less than $69 per week.
D.4.3 Where an employee’s assessed capacity is 10%, they must receive a high degree of assistance and support.
D.5.1 For the purpose of establishing the percentage of the relevant minimum wage, the productive capacity of the employee will be assessed in accordance with the Supported Wage System by an approved assessor, having consulted the employer and employee and, if the employee so desires, a union which the employee is eligible to join.
D.5.2 All assessments made under this schedule must be documented in an SWS wage assessment agreement, and retained by the employer as a time and wages record in accordance with the Act.
D.6 Lodgement of SWS wage assessment agreement
D.6.1 All SWS wage assessment agreements under the conditions of this schedule, including the appropriate percentage of the relevant minimum wage to be paid to the employee, must be lodged by the employer with the Commission.
D.6.2 All SWS wage assessment agreements must be agreed and signed by the employee and employer parties to the assessment. Where a union which has an interest in the award is not a party to the assessment, the assessment will be referred by the Industrial Registrar to the union by certified mail and the agreement will take effect unless an objection is notified to the Commission within 10 working days.
D.7 Review of assessment
The assessment of the applicable percentage should be subject to annual or more frequent review on the basis of a reasonable request for such a review. The process of review must be in accordance with the procedures for assessing capacity under the supported wage system.
D.8 Other terms and conditions of employment
Where an assessment has been made, the applicable percentage will apply to the relevant minimum wage only. Employees covered by the provisions of this schedule will be entitled to the same terms and conditions of employment as other workers covered by this award on a pro rata basis.
D.9 Workplace adjustment
An employer wishing to employ a person under the provisions of this schedule must take reasonable steps to make changes in the workplace to enhance the employee’s capacity to do the job. Changes may involve re-design of job duties, working time arrangements and work organisation in consultation with other workers in the area.
D.10 Trial period
D.10.1 In order for an adequate assessment of the employee’s capacity to be made, an employer may employ a person under the provisions of this schedule for a trial period not exceeding 12 weeks, except that in some cases additional work adjustment time (not exceeding four weeks) may be needed.
D.10.2 During that trial period the assessment of capacity will be undertaken and the percentage of the relevant minimum wage for a continuing employment relationship will be determined.
D.10.3 The minimum amount payable to the employee during the trial period must be no less than $69 per week.
D.10.4 Work trials should include induction or training as appropriate to the job being trialled.
D.10.5 Where the employer and employee wish to establish a continuing employment relationship following the completion of the trial period, a further contract of employment will be entered into based on the outcome of assessment under clause D.5.
Schedule E—National Training Wage
[Sched D renumbered as Sched E by PR988397]