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Nurses' (Private Hospitals) Award
1. - TITLE
This award shall be known as the "Nurses' (Private Hospitals)
Award" and replaces Award No 8 of 1958 (as amended).
1B. - MINIMUM ADULT AWARD WAGE
(1) No employee aged 21 or more shall be paid less than the
minimum adult award wage unless otherwise provided by this
clause.
(2) The minimum adult award wage for full-time employees aged 21
or more working under an award that provides for a 38 hour week is
$746.90 per week.
The minimum adult award wage for full-time employees aged 21 or
more working under awards that provide for other than a 38 hour
week is calculated as follows: divide $746.90 by 38 and multiply by
the number of ordinary hours prescribed for a full time employee
under the award.
The minimum adult award wage is payable on and from the
commencement of the first pay period on or after 1 July 2019.
(3) The minimum adult award wage is deemed to include all State
Wage order adjustments from State Wage Case Decisions.
(4) Unless otherwise provided in this clause adults aged 21 or
more employed as casuals, part-time employees or piece workers or
employees who are remunerated wholly on the basis of payment by
result, shall not be paid less than pro rata the minimum adult
award wage according to the hours worked.
(5) Employees under the age of 21 shall be paid no less than the
wage determined by applying the percentage prescribed in the junior
rates provision in this award (if applicable) to the minimum adult
award wage, provided that no employee shall be paid less than any
applicable minimum rate of pay prescribed by the Minimum Conditions
of Employment Act 1993.
(6) The minimum adult award wage shall not apply to apprentices,
employees engaged on traineeships or government approved work
placement programs or employed under the Commonwealth Government
Supported Wage System or to other categories of employees who by
prescription are paid less than the minimum award rate, provided
that no employee shall be paid less than any applicable minimum
rate of pay prescribed by the Minimum Conditions of Employment Act
1993.
(7) Liberty to apply is reserved in relation to any special
category of employees not included here or otherwise in relation to
the application of the minimum adult award wage.
(8) Subject to this clause the minimum adult award wage shall
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(a) Apply to all work in ordinary hours.
(b) Apply to the calculation of overtime and all other penalty
rates, superannuation, payments during any period of paid leave and
for all purposes of this award.
(9) Minimum Adult Award Wage
The rates of pay in this award include the minimum weekly wage
for employees aged 21 or more payable under the 2019 State Wage
order decision. Any increase arising from the insertion of the
minimum wage will be offset against any equivalent amount in rates
of pay received by employees whose wages and conditions of
employment are regulated by this award which are above the wage
rates prescribed in the award. Such above award payments include
wages payable pursuant to enterprise agreements, consent
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awards or award variations to give effect to enterprise
agreements and over award arrangements. Absorption which is
contrary to the terms of an agreement is not required.
Increases under previous State Wage Case Principles or under the
current Statement of Principles, excepting those resulting from
enterprise agreements, are not to be used to offset the minimum
wage.
(10) Adult Apprentices
(a) Notwithstanding the provisions of this clause, the minimum
adult apprentice wage for a full-time apprentice aged 21 years or
more working under an award that provides for a 38 hour week is
$638.20 per week.
(b) The minimum adult apprentice wage for a full-time apprentice
aged 21 years or more working under an award that provides for
other than a 38 hour week is calculated as follows: divide $638.20
by 38 and multiply by the number of ordinary hours prescribed for a
full time apprentice under the award.
(c) The minimum adult apprentice wage is payable on and from the
commencement of the first pay period on or after 1 July 2019.
(d) Adult apprentices aged 21 years or more employed on a
part-time basis shall not be paid less than pro rata the minimum
adult apprentice wage according to the hours worked.
(e) The rates paid in the paragraphs above to an apprentice 21
years of age or more are payable on superannuation and during any
period of paid leave prescribed by this award.
(f) Where in this award an additional rate is expressed as a
percentage, fraction or multiple of the ordinary rate of pay, it
shall be calculated upon the rate prescribed in this award for the
actual year of apprenticeship.
2. - ARRANGEMENT
PART I
1. Title1B. Minimum Adult Award Wage2. Arrangement2A. No Extra
Claims3. Scope4. Area5. Term6. Definitions7. Average Occupied
Beds8. Hours9. Overtime10. Annual Leave10A. Public Holidays11. Sick
Leave12. Contract of Service13. Student Nurses14. Laundry and
Uniforms15. Time and Wages Book16. Interviews17. Rosters18. Living
Allowances and Accommodation19. Meal and Meal Hours20. Board of
Reference21. On Call
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22. Part-time Employees23. Casuals24. Temporary Employees25.
Other Provisions26. Long Service Leave27. Award Not to Affect
Present Wages and Privileges28. Higher Duties29. Wages30. Location
Allowance31. Shift Work32. Calculation of Penalties33. Maternity
Leave34. Effect of 38 Hour Week35. Payment of Wages36. Bereavement
Leave37. Leave Without Pay38. Compaction of Leave39. Enterprise
Agreements40. Deleted
PART II41. Long Service Leave42. Sick Leave43. Dispute
Settlement Procedure
Appendix - Resolution of Disputes RequirementAppendix -
Rostering ProvisionsSchedule ASchedule of RespondentsAppendix -
S.49B - Inspection Of Records Requirements
2A. - NO EXTRA CLAIMS
It is a term of this Award arising from the decision of the
Western Australian Industrial Relations Commission in the State
Wage Case of June 1991, (the terms of which are set out in Decision
No. 704 of 1991) that the Federation will not pursue any extra
claims, award or overaward, except where consistent with the
principles determined by the Commission in Court Session.
3. - SCOPE
Part I of this award shall apply to all registered nurses and
student nurses in the employ of the respondents to this award
provided that the provisions contained in Part II of this award
shall be applied in substitution for the provisions contained in
the Clauses of the same title in Part I of the award only by the
Association of the Blind of W.A. (Inc.) and the Spastic Welfare
Association of W.A. (Inc.).
4. - AREA
This Award shall have effect throughout the State of Western
Australia excluding those areas occupied by the Ngal-a Mothercraft
Home and Training Centre Incorporated and the Home of Peace
Incorporated.
5. - TERM
The term of this award shall be for a period of three years as
from the beginning of the first pay period commencing after the
22nd day of July, 1966.
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6. - DEFINITIONS
"Accrued Day(s) Off" means paid days off accruing to an employee
resulting from an entitlement to the 38 hour week as prescribed by
Clause 8 - Hours of this award.
"Nurse" a person who is registered or entitled to be registered
in Western Australia under the Nurses Act 1968-1980.
"Student Nurse" a pupil undergoing training in a registered
training school.
"Training School" one which is registered as such under the
Nurses Act 1968.
"The Federation" means the Royal Australian Nursing Federation
(Western Australian Branch) Industrial Union of Workers Perth.
Section A
"Area Manager" Level 2 means a nurse who is responsible for
management of a specific ward, department or floor of the
hospital.
"Clinical Nurse" Level 2 means a nurse who is responsible for
direct patient care of a specific caseload and clinical supervision
of nurses at Level 1.
"Clinical Nurse Specialist" Level 3 means a nurse who may be
responsible for direct patient care of a specific caseload, and who
provides advice/resources for nursing practice to nurses in
addition to the clinical supervision of nurses in a specified ward,
department or floor of the hospital.
"Clinical Instructor" Level 2 means a nurse who is responsible
in a full time capacity for the practical instruction of student
nurses and enrolled nurses.
"Co-ordinator Clinical Nursing" Level 4 means a nurse who is
responsible for the overall planning, organising, implementation
and evaluation of nursing practice.
"Co-ordinator Nursing Management" Level 4 means a nurse with
responsibility for the appointment, deployment, retention,
promotion or dismissal of nursing personnel, as well as the
staffing budget allocation of the hospital.
"Co-ordinator Nursing Research" Level 4 means a nurse who has
overall responsibility for the planning implementation and
personnel and budgetary management of nursing research
programmes.
"Co-ordinator Nursing Staff Development/Education" Level 4 means
a nurse who is responsible for the overall planning, personnel and
budgetary management of an in-service education programme and the
education division within a hospital.
"Director of Nursing" means a registered nurse with overall
responsibility for clinical nursing, and nursing management, and
where applicable nursing education and/or research.
"Nurse Educator" Level 3 means a nurse appointed as such holding
a Diploma of Nursing Education or a qualification acceptable to the
employer who is engaged full time in the education of student
nurses and/or enrolled nurses.
"Nurse Manager" Level 3 means a nurse responsible for overall
management (budgetary and personnel) of a specified department or
area of the hospital.
"Nursing Researcher" Level 3 means a nurse who in collaboration
with the Co-ordinator Nursing Research has responsibility for the
planning, implementation and evaluation of research as well as the
direction and supervision of research nurses.
"Peer Assessment Panel" means a panel consisting of a nurse
representative from the level to which the candidate being assessed
wishes to move, a nurse representative from a level through which
the candidate has already
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progressed or currently occupies and one other nurse, with one
panel member being nominated by the nurse being assessed.
"Research Nurse" Level 2 means a nurse who is responsible for
the preparation and implementation of research proposals and
assists in the compilation and interpretation of results.
"Staff Development Educator" Level 3 means a nurse who in
collaboration with the Co-ordinator Nursing Staff
Development/Education is responsible for planning, implementing and
evaluating in-service education basic or post basic educational
programmes, as well as the direction and supervision of Staff
Development Nurses and Clinical Teachers.
"Staff Development Nurse" Level 2 means a nurse who in
collaboration with his/her supervisors is responsible for
implementing and evaluating in-service education as prescribed to a
specified clinical area.
Section B
For the purposes of Section "B" of Clause 29 - Wages of this
award the following definitions shall apply.
"Assistant Matron" a registered general nurse appointed by the
employer to assist the matron in the supervision and administration
of a hospital.
"Charge Nurse" a registered general nurse appointed as such to
be in charge of a ward, department or floor in a hospital.
"Clinical Instructor" a registered nurse appointed as such who
is engaged full time in the instruction of student nurses or
enrolled nurses in practical nursing.
"Deputy Matron" a registered general nurse appointed by the
employer to assist in the administration of the hospital and
deputise for the matron.
"Matron" a registered general nurse appointed by the employer as
head of nursing at a hospital.
"Night Nurse in Charge" the registered general nurse who is
appointed as such to be in charge of a hospital at night.
"Nurse Educator" a registered nurse appointed as such holding a
diploma of nursing education or a qualification acceptable to the
employer who is engaged full time in the education of student
nurses and/or enrolled nurses.
"Principal Nurse Educator" a nurse educator appointed as such
who is responsible for the administration of a School of Nursing
and the overall planning, organising and implementation of a
nursing education programme.
"Senior Nurse Educator" a nurse educator appointed as such who
has special responsibilities related to a particular subject or
group of students.
7. - AVERAGE OCCUPIED BEDS
(1) For the purpose of ascertaining the daily average of
occupied beds the average shall be taken for the six months ending
30th June and 31st December in each and every year, and such
average shall relate to the succeeding half year.
(2) Babies receiving attention shall be included in calculating
the daily average: Provided, however, that no new born baby shall
be included in making the calculation for the first seven days in
the hospital.
8. - HOURS
(1) The ordinary hours of duty shall be -
(a) Employees commencing on or after 6 April 1990:
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(i) Thirty-eight hours per week or
(ii) An average of thirty-eight hours per week with hours
actually worked being forty per week or eighty per fortnight.
(iii) The hours of duty shall be at the discretion of the
employer and shall be made known to the employee prior to
appointment.
(b) Employees commencing prior to 6 April 1990:
(i) An average of thirty-eight hours per week.
(ii) Hours actually worked being forty per week or eighty per
fortnight.
(c) Provided that there shall be no fixed hours of duty for any
registered nurse level 4 or 5 referred to in Schedule A.
(2) A shift shall not exceed ten hours.
(3) An employee who actually works forty-hours per week
shall:
(a) Accrue two hours of each week's work as an entitlement to a
maximum of twelve accrued days off in each twelve month period. The
accrued day(s) off shall be taken:
(i) in a minimum period of one week made up of five consecutive
accrued days off in conjunction with a period of Annual Leave;
or
(ii) at a time agreed by the employer and employee -
(b) Accrue 0.4 of an hour per day as an entitlement to take the
20th day in each cycle as an Accrued Day Off in conjunction with
other days off.
(i) Provided that an employee who has not accrued sufficient
hours to enable a full paid shift off duty to be taken after the
completion of the twenty day cycle will continue to work until
sufficient hours have been accrued.
(ii) The employer and employee may agree that ordinary hours
worked over a ten day two week cycle may be adjusted to enable
seventy-six hours to be worked over nine and a half days of the
cycle; with the other half day taken as an accrued half day
off.
(4) (a) Up to five accrued days off per year of service, however
accrued, may be taken as single days off and such days may be
rostered at the employer's discretion subject to at least two days'
notice being given to the employee affected.
(b) Notwithstanding the provisions of paragraph (a) any number
of accrued days off may be taken in periods of one day or less
where there is genuine agreement between the employer and
employee.
(5) The employer and employee may agree to substitute the
scheduled accrued day off for another day.
(6) Payment for accrued day(s) off shall be calculated at the
employee's normal rate of pay, excluding penalty rates.
(7) (a) Each employee shall be rostered off duty for not less
than two full days in each week or four full days in each
fortnight.
(b) A minimum of two days off duty shall be taken consecutively
unless otherwise agreed between the employer and employee.
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(8) An employee shall be allowed at least nine and one half
hours break between shifts.
(a) An employee changing from night to day shift or from day to
night shift shall not be rostered on duty during the twenty hours
immediately preceding the changed shift.
(b) The employer and the employee may agree to vary the
provisions of this subclause to enable the services of the employer
to be carried out.
(i) When an employee is absent from duty, or
(ii) In an emergency, or
(iii) Where the employer and the Federation agree.
(9) The provisions of this clause apply to a part-time employee
in the same ratio as the hours normally worked relate to full-time
employees.
(10) The provisions of subclauses (2), (3), (7) and (8) shall
not apply to a registered nurse level 4 or 5 referred to in
Schedule A.
9. - OVERTIME
(1) All time worked in excess of the ordinary rostered hours on
any day shall be paid for as hereunder:-
(a) Time and a half for the first two hours on any day Monday to
Saturday, both inclusive, and double time thereafter;
(b) Double time on a Sunday;
(c) Double time for all overtime worked consecutively with a
rostered shift on a Saturday, or public holiday as prescribed in
Clause 10A. - Public Holidays of this award.
(2) Where the employee and the employer so agree, time off in
lieu of payment for overtime may be allowed proportionate to the
payment to which she is entitled. Such time off to be taken at the
convenience of the hospital provided that:-
(a) Such time off is in unbroken periods according to each
period of overtime worked; and
(b) The overtime is made up within 28 days from the time when it
became due except where it arises from the changeover from night
duty to day duty or day duty to night duty.
(3) An employee called upon to work during the hours she is
rostered off in accordance with subclause (4) of Clause 8 - Hours
of this award shall be paid for all time worked at overtime rates
provided in subclause (1) of this clause.
(4) Less than fifteen minutes overtime for a week or thirty
minutes overtime for a fortnight shall not be paid for.
(5) An employee recalled for duty outside her normal working
hours shall be paid a minimum of two hours pay and in addition
thereto all reasonable expenses incurred in returning to duty.
(6) Where an employee has not been notified the previous day or
earlier that she is required to work overtime, the employer shall
ensure that employees working such overtime for an hour or more
shall be provided with any of the usual meals occurring during such
overtime or be paid $4.20 for each meal.
(7) (a) When overtime work is necessary it shall, wherever
reasonably practicable be so arranged that employees have at least
ten consecutive hours off duty between the work of successive
days.
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(b) An employee who works so much overtime between the
termination of her ordinary work on one day and the commencement of
her ordinary work on the next day that she has not at least ten
consecutive hours off duty between those times shall, subject to
this paragraph, be released after completion of such overtime until
she has had ten consecutive hours off duty without loss of pay for
ordinary working time occurring during such absence.
Provided that where an employee whose next rostered shift is day
duty is required to work overtime extending beyond midnight or
commencing after midnight, that employee shall, subject to
paragraph (c) of this subclause be released from the requirement to
present for day duty without loss of ordinary wages until a period
of eight consecutive hours has elapsed since the completion of the
overtime.
(c) If, on the instruction of her employer, such employee
resumes or continues work without having had ten or eight
consecutive hours off duty, as the case may be, she shall be paid
at double rates until she is released from duty for such period and
she shall then be entitled to be absent until she has had such
consecutive hours off duty without loss of pay for ordinary working
time occurring during such absence.
(d) The provisions of this subclause shall apply in the case of
shift workers who rotate from one shift to another, as if eight
hours were substituted for ten hours, when overtime is worked:
(i) for the purpose of changing shift rosters; or
(ii) where a shift worker does not report for duty; or
(iii) where a shift is worked by arrangement between the workers
themselves.
(8) The provisions of subclauses (2), (3), (7) and (8) shall not
apply to a registered nurse level 4 or 5 referred to in Schedule
A.
10. - ANNUAL LEAVE
(1) (a) An employee routinely rostered to work all evening
and/or night shifts, or such shifts in combination with day shift
shall be entitled to seven consecutive weeks' annual leave by the
employer after each period of twelve months continuous service with
such employer.
(b) An employee who is not required to work evening, night,
weekend shifts or public holidays shall be entitled to four
consecutive weeks' annual leave by the employer after each period
of twelve months continuous service with such employer.
(c) An employee who is occasionally required to work an evening,
night or weekend shift shall be entitled in addition to the leave
prescribed in subclause (1)(b) of this clause, to a further day's
leave for each seven ordinary shifts so worked, provided that the
maximum additional leave shall not exceed five days.
(d) An employee who occasionally is required to work or remain
on call on a public holiday shall be entitled in addition to leave
prescribed in subclause (1)(b) of this clause, to a further day's
leave for each public holiday so worked.
(e) Provided that a registered nurse level 4 or 5 referred to in
Schedule A shall only be entitled to four consecutive weeks annual
leave by the employer after each period of twelve months continuous
service with such employer.
(2) (a) The employee shall be paid for any period of annual
leave prescribed in this clause at the ordinary rate of wage the
employee has received for the greatest proportion of the calendar
month prior to her/his taking the leave, and, in the case of
rostered employees, that rate of wage shall include the shift and
weekend penalties the employee would have received had the employee
not proceeded on annual leave.
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Where it is not possible to calculate the shift and weekend
penalties the rostered employee would have received, the employee
shall be paid at the rate of the average of such payments made each
week over the four weeks prior to taking the leave.
Provided that no employee when proceeding on annual leave shall
be paid less than the sum of the following amounts for each
week:
(i) The employee's ordinary rate of wage as prescribed by this
award for the period of annual leave (excluding shift and weekend
penalties).
(ii) For those employees entitled to seven weeks' annual leave,
a further amount calculated at the rate of 17.5 per cent of five
sevenths of the amounts referred to in subparagraph (i) of this
subclause.
(iii) For other employees, a further amount calculated at the
rate of 17.5 per cent of the amounts referred to in subparagraph
(i) of this subclause in respect of all periods of annual leave
other than those periods to which the employee is entitled under
paragraph (d) of subclause (1) of this clause.
(b) Where there is mutual agreement between the employer and
employee, an employee proceeding on annual leave may be paid for
the whole of that period of annual leave prior to taking the
leave.
(3) (a) If after one month's continuous service in any
qualifying twelve monthly period an employee lawfully terminates
her/his service or her/his employment is lawfully terminated by the
employer through no fault of the employee, the employee shall be
paid a proportionate amount in accordance with subclause (1)(a) and
(b) of this clause in respect of each week of continuous service in
that qualifying period. Such employee will be paid the full
entitlement under subclause (1)(c) and (d). In respect of such
leave the 17.5% loading will not apply.
(b) In addition to any payment to which she/he may be entitled
under this subclause an employee whose employment terminates after
she/he has completed a twelve monthly qualifying period and who has
not been allowed the leave prescribed under this award in respect
of that qualifying period shall be given payment in lieu of that
leave unless she/he has been justifiably dismissed for misconduct
and the misconduct for which she/he has been dismissed occurred
prior to the completion of that qualifying period.
(4) Any time in respect of which an employee is absent from work
except paid sick leave, the first three months of unpaid sick
leave, the first month of workers' compensation leave, long service
leave and compassionate leave, shall not count in accruing annual
leave.
(5) (a) The annual leave prescribed by this clause may be given
and taken before the completion of 12 months' continuous service as
prescribed by subclause (1) of this clause.
(b) If the services of an employee terminate and the employee
has taken a period of leave in accordance with this subclause and
if the period of leave so taken exceeds that which would become due
pursuant to subclause (3) of this clause the employee shall be
liable to pay the amount representing the difference between the
amount received by her/him for the period of leave taken in
accordance with this subclause and the amount which would have
accrued in accordance with subclause (3) of this clause. The
employer may deduct this amount from monies due to the employee by
reason of the other provisions of this award at the time of
termination.
(6) Each employee shall be given at least fourteen days' notice
of the actual commencing date of her/his leave. A roster shall be
kept in all hospitals of over twenty bed average, showing the
approximate date of commencement of annual leave. The roster shall
be placed on a notice board in some convenient place for inspection
by workers.
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(7) Leave shall be given as soon as practicable after falling
due. The leave of a student nurse shall not accumulate but shall be
given each year. The leave of a nurse shall not accumulate except
with the consent of the nurse and in no case shall it accumulate
for more than two years.
(8) Any leave accrued for the final year of training shall be
paid for at the rate payable for such year of service.
(9) (a) The annual leave prescribed in subclause (1) of this
clause may be split into more than one portion -
(i) where the twelve Accrued Day(s) Off are taken in conjunction
with annual leave by the employee once per annum provided that no
portion is less than two weeks;
(ii) by consent between the employer and the employee concerned,
annual leave may be taken in single days.
(b) Any dispute arising out of this clause in relation to
splitting or not splitting an employee's annual leave entitlement,
if not resolved by agreement between the employer, the employee and
the Union, shall be referred to the Western Australian Industrial
Relations Commission for determination.
(10) When an employee proceeds on the first four weeks' of the
annual leave prescribed by subclause (1) of this clause there will
be no accrual towards an Accrued Day(s) Off as prescribed in
subclause (1) and (2) of Clause 8. - Hours of this award. Accrual
towards an Accrued Day(s) Off shall continue during any other
period of annual leave prescribed by this clause.
(11) In the case of a part time employee whose hours have varied
over the qualifying period the ordinary rate of wage shall be
ascertained by averaging the hours worked during the qualifying
period.
10A. - PUBLIC HOLIDAYS
(1) An employee, other than a registered nurse level 4 or 5
referred to in Schedule A, who works on any public holiday named
herein shall be paid a loading of 50 per cent of the ordinary wage
for the time worked in ordinary hours of that day.
(2) For the purposes of this clause the following days, or the
days observed in lieu of those days, shall be considered as public
holidays: New Year's Day, Australia Day, Labour Day, Good Friday,
Easter Monday, Anzac Day, State Foundation Day, Queen's Birthday,
Christmas Day and Boxing Day.
11. - SICK LEAVE
(1) Student Nurses:
Sick leave shall be granted to student nurses on the basis of 45
working days on full pay for the first three years' service, and
one and one quarter days for each completed month of service after
the first three years.
(2) Trained Nurses:
(a) An employee who is unable to attend work on the grounds of
personal ill health or injury shall be entitled to payment at the
rate of one sixth of one week's pay for each completed month of
service.
(b) If an employee is absent due to ill health or injury for a
period longer than the entitlement, payment may be adjusted when
entitlement has become due.
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(c) Unused portions of sick leave entitlement shall accumulate
from year to year and may be taken in any subsequent year, provided
that an employee shall not be eligible to be paid more than 10
weeks accumulated leave in any one year.
(d) An employee shall advise the employer as soon as reasonably
practicable and if possible prior to the commencement of the shift,
of the inability to attend work, the nature of illness or injury
and the estimated duration of the absence.
(e) An employee must provide a medical certificate for any
absence of more than two consecutive days.
(f) An employee is allowed a maximum of two days' absence
without a medical certificate in any one accruing year.
(g) An employee who suffers personal ill health or injury whilst
on annual leave may be paid sick leave in lieu of annual leave
subject to -
(i) Providing a medical certificate stating the illness or
injury necessitated confinement to home or hospital for seven
consecutive days or more.
(ii) The portion of annual leave coinciding with the paid sick
leave is to be taken at a time mutually agreed by employer and
employee, or shall be added to the next period of annual leave.
(iii) Payment for replaced annual leave shall be at the rate of
wage applicable at the time the leave is subsequently taken
provided that the annual leave loading prescribed in Clause 10. -
Annual Leave of this Award shall be deemed to have been paid with
respect to the replaced annual leave.
(h) No paid leave shall be granted if the illness or injury has
been caused by the employee's own misconduct.
(i) This clause shall not apply where the employee is entitled
to compensation under the Workers' Compensation and Assistance Act
1981.
(j) Where a business has been transmitted from one employer to
another and the employee's service has been deemed continuous in
accordance with subclause (3) of Clause (2) of the Long Service
Leave provisions published in volume 65 of the Western Australian
Industrial Gazette at pages 1-4, the paid sick leave standing to
the credit of the employee at the date of transmission from service
with the transmitter shall stand to the credit of the worker at the
commencement of service with the transmittee and may be claimed in
accordance with the provisions of this clause.
(k) An employee shall not be entitled to paid sick leave if the
illness or injury occurs on an accrued day off day, unless the
illness is for a period of seven consecutive days or more.
(l) An employee will continue to accrue an entitlement to an
accrued day(s) off whilst on sick leave.
12. - CONTRACT OF SERVICE
(1) The contract of service of every employee shall be a weekly
contract, terminable by one week's notice in writing by either
party, or by payment or forfeiture as the case may be of one week's
wages, except where otherwise agreed and contracted by the
employer, for any period up to and including two weeks for level 1
and up to and including four weeks for levels 2, 3, 4 and 5.
(2) Except that in the case of casuals the contract of service
shall be by the day and may be terminated by one day's notice or by
the payment or forfeiture of one day's wages, as the case may
be.
(3) The employer shall be under no obligation to pay for any day
not worked upon which the employee is required to present for duty,
except where the absence from work is due to illness and comes
within the
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provisions of Clause 11 - Sick Leave of this award, or such
absence is on account of any other form of leave to which the
employee is entitled under the provisions of this award.
(4) This clause does not affect the right to dismiss for
misconduct, and in such case wages shall be paid up to the time of
dismissal only.
(5) Work As Directed: Each employee shall perform such work as
the employer shall lawfully require having regard to safe practice
and the level of competence and qualifications of the employee.
13. - STUDENT NURSES
(1) All persons accepted for training as student nurses in
private hospitals in Western Australia shall be employed in
accordance with the conditions prescribed in this clause.
(2) The probationary period of six months shall be counted as
part of the training.
(3) The employer shall cause the trainee to be taught in
accordance with the requirements of the Nurses' Board by competent
instruction in a gradual and complete manner and shall give the
trainee a reasonable opportunity of training for the
profession.
(4) Every student nurse shall faithfully serve her employer and
obey all reasonable directions of her employer at all times for the
purpose of being taught the nursing profession and accept such
theoretical and other instruction as required.
(5) Any lectures or examinations which occur normally during the
duty hours shall be computed as part of the working time of the
student nurse whose duty it is to attend such lectures or
examinations and there shall be no reduction in salary in respect
thereto.
(6) A student nurse shall not be obliged to attend lectures or
sit for examinations during her annual leave.
(7) No student nurse on night duty shall be obliged to take an
examination until at least eight hours after completion of
duty.
(8) Any dispute between the Federation and any employer bound by
this award as to the dismissal of a student nurse may be referred
to the Board of Reference for hearing and determination.
(9) A student nurse who wilfully refuses to obey, or disobeys
the lawful orders of her employer or who grossly misbehaves or is
negligent or dishonest, or is absent from duty without leave and
without reasonable excuse may be dismissed without notice.
(10) Time lost from duty by the student nurse for any cause,
other than sick leave, subject to regulation 44 of the Nurses'
Registration Regulations, shall be made up by the student nurse at
the conclusion of that year at the rate of wage or remuneration
fixed for and applicable to the service of the student nurse during
that year: Provided that time lost shall not include absence of the
student nurse on annual leave.
(11) Student nurses who do not pass their final examinations may
be retained until such examinations are passed and during such
period they shall be paid at the rate appropriate to their year of
service, but such extended period shall in no case exceed twelve
months.
(12) The proportion of student nurses in a training hospital
approved by the Nurses' Registration Board shall not be more than
six student nurses to each certificated nurse.
(13) Student nurses sitting for the examinations held by the
Nurses' Registration Board shall be taken off night duty at least
four weeks, as far as practicable, before the examinations are
held.
14. - LAUNDRY AND UNIFORMS
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(1) (a) All workers living in shall have, free of cost, the
reasonable use of all laundry facilities, including soap, blue and
other equipment necessary for washing and ironing their
clothes.
(b) Uniforms shall be laundered free of cost to workers but
where the uniforms of any worker cannot be laundered at the
hospital an allowance of sixty cents per week shall be paid to the
workers.
(2) (a) The employer shall provide student nurses with all
uniforms required, which uniforms shall at all times remain the
property of the employer.
(b) Student nurses who are required or recommended to wear a
stipulated type of hospital stocking shall be provided with six
pairs free of charge each year. For the purpose of this paragraph
"Hospital Stocking" means stockings of a colour or material not
ordinarily worn for civilian dress.
(c) If a student nurse withdraws from training prior to the
completion of twelve months service the employer may deduct from
wages due an amount of $10.00 towards the cost of initial uniforms
issued.
(d) Where an employee is required by the employer to wear a
uniform, sufficient uniforms shall be provided by the employer at
his expense or alternatively the employer may pay an allowance of
$2.30 per week.
For the purpose of this paragraph an employee shall be deemed to
be "required", unless the employer advises the worker that the
wearing of uniforms is not a condition of employment.
(e) No claim shall be made to amend the provisions of this
clause before July 1, 1988, except that the Union shall have
liberty to apply in respect of the amount prescribed in paragraph
(d) of subclause (2) of this clause to increase the amount
prescribed by the percentage movement from National Wage
Decisions.
15. - TIME AND WAGES BOOK
(1) A time book shall be open for inspection at all reasonable
times by an accredited representative of the Federation. Each
employee, other than a registered nurse level 4 or 5 referred to in
Schedule A, must record in such book the exact time on which he/she
starts and finishes duty on each day and also time booked off for
meals.
(2) The salary sheets shall, upon reasonable notice of not less
than 24 hours being given to an employer, be open for inspection at
the office of the employer concerned by an accredited
representative of the Federation.
(3) Any system of automatic recording by means of a machine
shall be deemed a compliance with the provisions of subclause (1)
so far as the particulars actually recorded are concerned.
16. - INTERVIEWS
Consistent with the terms of the Labour Relations Legislation
Amendment Act 1997 and S.23(3)(c)(iii) of the Industrial Relations
Act a representative of the Union shall not exercise the rights
under this clause with respect to entering any part of the premises
of the employer unless the employer is the employer, or former
employer of a member of the Union.
(1) An accredited representative of the Union shall be entitled
to enter the business premises of the employer and interview an
employee subject to the following:
(a) on arrival at the workplace the union representative shall
seek permission to enter the premises from the employer or his
senior representative.
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(b) Agreement between the union representative and the employer
shall be sought as to where and subject to what conditions the
employee may be interviewed or work inspected.
(2) Failing agreement on the foregoing, the following shall
apply:
On giving prior notice in writing or by telephone to the
employer or his appointed representative, or failing that person
being available, the most senior person in charge of the
establishment, an accredited representative of the Federation shall
be entitled to enter the business premises of the employer to
interview an employee at a time and place agreed between the
Federation and the employer. Where there is no agreement as to time
and place, the Federation representative shall have the right, upon
prior notice to the employer or his representative, or most senior
person in charge of the establishment, to interview employees
during the recognised meal period at the place where the meal is
usually taken. If access has not been gained in accordance with the
provisions of this clause then the union representative shall leave
immediately upon a request from the employer or, his appointed
representative or senior person in charge.
17. - ROSTERS
(1) A roster of working hours shall be posted in a convenient
place where it can be readily seen by each worker concerned.
(2) The roster shall be open for inspection by an accredited
representative of the Federation at all reasonable times.
(3) The roster shall be posted at least seven days before it
comes into operation.
(4) The roster may be altered at the employer's discretion at
any time if the employer's organisational requirements render such
alteration necessary.
18. - LIVING ALLOWANCES AND ACCOMMODATION
(1) Where employees are provided with Lodging by the employer,
the following charges, or deductions as the case may be, may be
made by the employer:-
Lodging $13.30 per weekLodging for employees sharing rooms $6.70
per weekLodging for self contained furnishing single accommodation
within hospital grounds
$22.10 per week
For the purposes of this clause "Lodging" means a room
constituting a bedroom, together with communal toilet, laundry and
sitting room facilities.
(2) (a) The amounts herein prescribed shall be varied as the
result of State Wage Case variations to the rate of wage for a
Registered General Nurse (First Year) under the Nurses' (Private
Hospitals) Award, by the same proportion and at the same time.
(b) Any variation to the lodging charges shall be calculated to
the nearest ten cents.
19. - MEAL AND MEAL HOURS
New Section's Body
(1) (a) Meal breaks shall be a minimum of 30 minutes and subject
to subclause (2) of this clause shall not be counted as time
worked.
(b) (i) An employee shall not be compelled to work more than
five hours without a meal break provided that:
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(aa) An employee who commences work at or before 7.00am may be
required to work for six hours before having a meal break;
(bb) An employee on a ten hour shift may be required to work
five and one half hours without a meal break;
(cc) An employee who is directly participating in a continuous
surgical procedure that is unable to be interrupted may be required
to work for six hours from commencement of the shift before having
a meal break.
(2) Where an employee is required to be on duty or required to
be available at the hospital in accordance with the provisions of
Regulation 36 of the Private Hospital Regulations 1970 during the
period prescribed in subclause (1) of this clause the employee
shall be paid at ordinary rates but the time when she is on duty
but not working or available at the hospital and not working shall
not be counted as time worked for the purposes of Clause 9 -
Overtime.
(3) One seven minute tea break shall be allowed during each
shift and shall be taken when convenient to the employer without
deduction of pay for such time.
20. - BOARD OF REFERENCE
(1) The Commission hereby appoints for the purposes of this
award, a Board of Reference consisting of a Chairman and two other
members who shall be appointed pursuant to section 48 of the
Industrial Arbitration Act, 1979.
(2) The Board of Reference is hereby assigned the function of
determining any dispute between the parties in relation to any
matter which, under this award, may be allowed, approved, fixed,
determined or dealt with by a Board of Reference.
21. - ON CALL
(1) For the purposes of this award an employee is on call when
she/he is directed by the employer to remain at such a place as
will enable the employer to readily contact her/him during the
hours when she/he is not otherwise on duty. In so determining the
place at which the employee shall remain, the employer may require
that place to be within a specified radius from the hospital.
(2) An employee shall be paid 18.75% of 1/40th of the rate
prescribed in this award for a registered general nurse in her/his
third year for each hour or part thereof she/he is on call.
Provided that payment in accordance with this paragraph shall not
be made with respect to any period for which payment is made in
accordance with the provisions of Clause 9. - Overtime of this
award when the employee is recalled to work.
(3) If the usual means of contact between the employer and the
employee on call is a telephone and if the employee pays or
contributes towards the payment of the rental of such telephone the
employer shall pay the employee an amount being a proportion of the
telephone rental calculated on the basis that for each seven days
on which an employee is required to be on call the employer shall
pay the employee 1/52nd of the annual rental paid by the
worker.
(4) The provisions of this clause shall not apply to any
registered nurse level 4 or 5 referred to in Schedule A.
22. - PART-TIME EMPLOYEES
(1) "Part-Time Employee" means an employee regularly employed to
work less hours than those prescribed for full-time workers in any
weekly period.
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(2) A part-time employee shall receive payment for wages, annual
leave, long service leave, sick leave, compassionate leave, laundry
and uniform allowances and other weekly allowances in the same
ratio as the ordinary hours worked relate to full-time
employees.
(3) A part-time employee may be required to work additional
shifts at ordinary rates subject to the normal rostering parameters
of a full-time employee, where -
(a) The employee has previously provided written agreement to
work extra shifts, or
(b) The extra shift was arranged prior to the completion of the
employee's previous shift.
23. - CASUAL EMPLOYEES
(1) "Casual Employee" means an employee engaged for periods of
less than ten weeks with no guarantee of continual or additional
employment.
(2) All casual employees shall be paid one fortieth of the rate
of their classification for each hour worked, plus 25% additional
loading.
(3) A casual employee shall not receive any of the entitlements
prescribed in Clauses 10. - Annual Leave, 10A. - Public Holidays,
26. - Long Service Leave, 36. - Bereavement Leave, 11. - Sick Leave
and 33. - Maternity Leave.
24. - TEMPORARY EMPLOYEES
(1) "Temporary Employee" means an employee engaged for a
specific period longer than ten weeks but less than 12 months.
(2) A temporary employee shall accrue and be paid the same
benefits as a permanent employee.
25. - OTHER PROVISIONS
(1) For Midwives' Registration Board examinations, as far as
practicable, one full day shall be allowed for examinations in
addition to normal days off.
(2) Student nurses sitting for the examinations held by the
Nurses' Registration Board shall as far as practicable be allowed
one full day off in addition to normal days off.
26. - LONG SERVICE LEAVE
(1) The long service leave provisions published in Volume 65 of
the Western Australian Industrial Gazette at pages one to four
inclusive, as updated from time to time, are hereby incorporated in
and shall be deemed to be part of this award, providing that long
service leave shall not accrue on periods of workers compensation
leave in excess of one month.
(2) Where an employee proceeds on long service leave there will
be no accrual towards an Accrued Day(s) Off as prescribed in
subclauses (1) and (2) of Clause 8 - Hours of this award.
27. - AWARD NOT TO AFFECT PRESENT WAGES AND PRIVILEGES
Subject to the method of regulating wages on the average of
occupied beds, nothing herein contained shall entitle an employer
to reduce the wage of any worker who at the date of this award is
being paid a higher rate of wage than the minimum prescribed for
her class of work.
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28. - HIGHER DUTIES
(1) An employee required to relieve in a position attracting a
higher rate of wage, for a period of not less than five consecutive
working days shall be paid at that higher rate.
(2) When a relief employee satisfactorily performs some, but not
all, of the duties of the position a rate of wage less than the
rate the position normally attracts can be paid on agreement
between the employer and employee.
29. - WAGES
(1) The minimum rate of wages per week payable to employees
under this award shall be as follows:
(a) Post Basic Student:
A registered nurse undertaking post basic training in a course
leading to registration or a certificate endorsed by the Nurses'
Board of Western Australia shall be paid at the rate prescribed in
subparagraph (c)(i) of this subclause for the second year of
experience or such higher rate commensurate with the pre-requisite
experience for entry to a course. Provided that this subclause
shall not operate so as to increase the rate of wage being paid to
a nurse at the point of entry to such a course.
Base Rate Per Week$
Arbitrated Safety Net
Adjustment$
Total Rate$
(b) Registered Mothercraft Nurse - Years of Experience:1st Year
396.20 403.60 799.802nd Year 403.70 404.30 808.003rd Year 414.80
405.10 819.904th Year 426.30 406.20 832.505th Year and thereafter
437.40 409.40 846.80
(c) Registered General Nurse:
Level 1.1 471.60 415.20 886.801:2 495.10 415.70 910.801:3 518.70
418.30 937.001:4 542.30 423.00 965.301:5 565.90 425.60 991.501:6
589.50 428.20 1017.701:7 613.00 430.70 1043.701:8 636.60 433.30
1069.90
Level 2:1 660.20 433.80 1094.002:2 675.90 435.40 1111.302:3
691.60 437.20 1128.802:4 707.30 439.00 1146.30
Level 3:1 736.80 442.20 1179.003:2 754.50 444.10 1198.603:3
772.20 446.10 1218.303:4 789.90 448.00 1237.90
Level 4:1 834.60 453.00 1287.604:2 859.30 455.60 1314.904:3
908.30 461.00 1369.304:4 933.10 463.80 1396.90
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4:5 957.60 466.40 1424.004:6 994.40 470.30 1464.70
Level 5:1 994.40 470.30 1464.705:2 1059.70 477.60 1537.30
(2) Classification in levels:
Level 1 A registered nurse in the first or subsequent years of
experience as a registered nurse and not elsewhere classified.
Level 2. A registered nurse appointed as a clinical nurse, an
area manager, a research nurse, a staff development nurse, or
clinical instructor.
A registered nurse functioning in a combined role and classified
at Level 2.
Level 3. A registered nurse appointed as a clinical nurse
specialist, a nurse manager, a nursing researcher, a staff
development educator, or a nurse educator.
A registered nurse functioning in a combined role classified at
Level 3.
Level 4 A registered nurse appointed as a co-ordinator clinical
nursing, a co-ordinator nursing management, a co-ordinator nursing
research, or a co-ordinator nursing staff
development/education.
A registered nurse appointed to co-ordinate combined roles at
Level 4.
Director of Nursing - Level 4.
Level 5 Director of Nursing - Level 5.
(3) The rates of pay in this award include arbitrated safety net
adjustments available since December 1993, under the Arbitrated
Safety Net Adjustment Principle.
These arbitrated safety net adjustments may be offset against
any equivalent amount in the rate of pay received by employees
since 1 November 1991 above the rate prescribed in the Award,
except where such absorption is contrary to the terms of an
industrial agreement.
Increases in rates of pay otherwise made under the State Wage
Case Principles, excepting those resulting from enterprise
agreements, are not to be used to offset arbitrated safety net
adjustments.
(4) A Director of Nursing in a Nursing Home shall be paid on the
following basis:
(a) Less than 20 beds Level 4, increment 1
20 beds and up to 39 beds Level 4, increment 1 to increment
2
40 beds and up to 59 beds Level 4, increment 3 to increment
4
60 beds and up to 99 beds Level 4, increment 4 to increment
6
100 beds or more Level 4, increment 6 to Level 5, increment
2
(b) In addition to the above, in deciding the increment to be
paid within the appropriate range as provided by subclause (a)
above, the following factors shall be considered:
(i) The range of Occupational Therapy, Physiotherapy, Podiatry
and/or other such services provided, if any;
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(ii) The provision of such services as psychogeriatic units,
respite care, day centres and/or hostels, if any;
(iii) The extent of involvement of the Directors of Nursing in
purchasing, budget preparation and/or any administrative
duties;
(iv) The extent of responsibility taken by the Director of
Nursing for the kitchen, laundry, cleaning, gardening, maintenance
and/or other like functions;
(v) The extent of responsibility of the Director of Nursing for
Staff Development and Education.
(5) (a) (i) A nurse classified at Level 1 who completes a
Bachelor of Applied Science in Nursing, or equivalent Nursing
Degree shall be given accelerated progression of 12 months through
the incremental scale.
Provided that a degree qualified nurse entering the workforce
without clinical experience shall start at increment 1 Level 1. At
the completion of 12 months' service that nurse shall accelerate
one increment provided that performance is satisfactory.
(ii) The provisions of subparagraph (i) shall not apply to a
nurse on the maximum incremental point in Level 1.
(b) Progression for all classifications for which there is more
than one wage point, shall be by annual increments, subject to a
satisfactory performance appraisal.
(6) Promotion and reclassification mechanisms shall be as agreed
between the employer and the Federation.
(7) Where an employee is appointed to a position, previous
relevant nursing experience at that level, or in a similar level
under a differing career structure, shall be taken into account for
determining the appropriate increment level.
Experience shall include the time spent in hospital based post
basic courses and includes midwifery and psychiatric training.
(8) The onus of proof of previous experience shall rest with the
employee.
Provided that an employee returning to the profession after an
absence greater than five years shall commence at the first
increment of Level 1 for a period of 3 months. During this time the
employee shall be subject to performance appraisal and review by
the Director of Nursing or by peer assessment if there is dispute.
Upon satisfactory review she/he shall move to a level and increment
as determined by the assessment. An employee who fails to satisfy
the panel of her/his competency to progress through the Level 1
increments or into another level as the case may be, may apply for
reassessment by a peer assessment panel after a period of 12 months
from the date of employment.
30. - LOCATION ALLOWANCES
(1) Subject to the provisions of this clause, in addition to the
rates prescribed in the wages clause of this award, an employee
shall be paid the following weekly allowances when employed in the
towns prescribed hereunder. Provided that where the wages are
prescribed as fortnightly rates of pay, these allowances shall be
shown as fortnightly allowances.
TOWN PER WEEK
Agnew $22.30Argyle $59.70Balladonia $23.10Barrow Island
$38.90Boulder $9.50
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Broome $35.90Bullfinch $10.40Carnarvon $18.40Cockatoo Island
$39.30Coolgardie $9.50Cue $22.90Dampier $31.30Denham $18.40Derby
$37.30Esperance $6.50Eucla $25.00Exmouth $32.80Fitzroy Crossing
$45.30Halls Creek $52.40Kalbarri $8.00Kalgoorlie $9.50Kambalda
$9.50Karratha $37.60Koolan Island $39.30Koolyanobbing
$10.40Kununurra $59.70Laverton $22.80Learmonth $32.80Leinster
$22.30Leonora $22.80Madura $24.10Marble Bar $57.90Meekatharra
$19.80Mount Magnet $24.80Mundrabilla $24.60Newman $21.40Norseman
$19.80Nullagine $57.80Onslow $38.90Pannawonica $29.10Paraburdoo
$28.90Port Hedland $31.10Ravensthorpe $11.70Roebourne
$43.30Sandstone $22.30Shark Bay $18.40Southern Cross $10.40Telfer
$53.20Teutonic Bore $22.30Tom Price $28.90Whim Creek $37.20Wickham
$35.90Wiluna $22.50Wyndham $55.90
(2) Except as provided in subclause (3) of this clause, an
employee who has:
(a) a dependant shall be paid double the allowance prescribed in
subclause (1) of this clause;
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(b) a partial dependant shall be paid the allowance prescribed
in subclause (1) of this clause plus the difference between that
rate and the amount such partial dependant is receiving by way of a
district or location allowance.
(3) Where an employee:
(a) is provided with board and lodging by his/her employer, free
of charge; or
(b) is provided with an allowance in lieu of board and lodging
by virtue of the award or an order or agreement made pursuant to
the Act;
such employee shall be paid 662/3 per cent of the allowances
prescribed in subclause (1) of this clause.
(4) Subject to subclause (2) of this clause, junior employees,
casual employees, part time employees, apprentices receiving less
than adult rate and employees employed for less than a full week
shall receive that proportion of the location allowance as equates
with the proportion that their wage for ordinary hours that week is
to the adult rate for the work performed.
(5) Where an employee is on annual leave or receives payment in
lieu of annual leave he/she shall be paid for the period of such
leave the location allowance to which he/she would ordinarily be
entitled.
(6) Where an employee is on long service leave or other approved
leave with pay (other than annual leave) he/she shall only be paid
location allowance for the period of such leave he/she remains in
the location in which he/she is employed.
(7) For the purposes of this clause:
(a) "Dependant" shall mean -
(i) a spouse or defacto partner; or
(ii) a child where there is no spouse or defacto partner;
who does not receive a location allowance or who, if in receipt
of a salary or wage package, receives no consideration for which
the location allowance is payable pursuant to the provisions of
this clause.
(b) "Partial Dependant" shall mean a "dependant" as prescribed
in paragraph (a) of this subclause who receives a location
allowance which is less than the location allowance prescribed in
subclause (1) of this clause or who, if in receipt of a salary or
wage package, receives less than a full consideration for which the
location allowance is payable pursuant to the provisions of this
clause.
(8) Where an employee is employed in a town or location not
specified in this clause the allowance payable for the purpose of
subclause (1) of this clause shall be such amount as may be agreed
between Australian Mines and Metals Association, the Chamber of
Commerce and Industry of Western Australia and UnionsWA or, failing
such agreement, as may be determined by the Commission.
(9) Subject to the making of a General Order pursuant to s.50 of
the Act, that part of each location allowance representing prices
shall be varied from the beginning of the first pay period
commencing on or after the 1st day in July of each year in
accordance with the annual percentage change in the Consumer Price
Index (excluding housing), for Perth measured to the end of the
immediately preceding March quarter, the calculation to be taken to
the nearest ten cents.
31. - SHIFT WORK
(1) (a) Where on any day a worker commences her ordinary hours
of work before 4.00 a.m. or after 12.00 noon, she shall be paid a
loading with respect to those ordinary hours of 12 1/2%
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(b) (i) The provisions of paragraph (a) of this subclause do not
apply to a worker who on any day commences her ordinary hours of
work after 12.00 noon and completes those hours before 6.00 p.m. on
that day.
(ii) The provisions of paragraph (a) of this subclause apply to
a worker who on any day commences her ordinary hours of work before
12.00 noon and completes those hours after 8.00 p.m. on that
day.
(c) Where a worker works a broken shift each portion of that
shift shall be considered a separate shift for the purpose of this
clause.
(2) Subject to the provisions of subclause (3) of this clause
all work performed during ordinary hours on a Saturday or Sunday
shall be paid at the rate of time and one half.
(3) Where the ordinary hours of work span 12.00 midnight on a
Friday night or Sunday night the additional payments for shift work
and work during the weekend may be made at the option of the
employer -
(a) by calculation for the whole shift according to the rate of
the additional payment for the greater part of the shift; or
(b) by calculation for each part of the shift according to the
rate applicable for additional payment for shift work and work
during the weekend as the case may be.
Provided that having decided on one method of calculation the
employer shall give at least two weeks notice of intention to
change to the other method and any such change shall be given
effect with respect to the shift commencing on a Friday.
(4) The provisions of this clause shall not apply to any
registered nurse level 4 or 5 referred to in Schedule A.
32. - CALCULATION OF PENALTIES
Where an employee works hours which would entitle that employee
to payment of more than one of the penalties payable in accordance
with Clause 9 - Overtime, Clause 10A. - Public Holidays and Clause
31 - Shift Work of this award, only the highest of any such penalty
shall be payable.
33. - MATERNITY LEAVE
(1) Eligibility for Maternity Leave
A worker who becomes pregnant shall, upon production to her
employer of a certificate from a duly qualified medical
practitioner stating the presumed date of her confinement, be
entitled to maternity leave provided that she has had not less than
12 months' continuous service with that employer immediately
preceding the date upon which she proceeds upon such leave.
For the purposes of this clause:
(a) A worker shall include a part-time worker but shall not
include a worker engaged upon casual or seasonal work.
(b) Maternity leave shall mean unpaid maternity leave.
(2) Period of Leave and Commencement of Leave
(a) Subject to subclauses (3) and (6) hereof, the period of
maternity leave shall be for an unbroken period of from 12 to 52
weeks and shall include a period of six weeks' compulsory leave to
be
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taken immediately before the presumed date of confinement and a
period of six weeks' compulsory leave to be taken immediately
following confinement.
(b) A worker shall, not less than 10 weeks prior to the presumed
date of confinement, give notice in writing to her employer stating
the presumed date of confinement.
(c) A worker shall give not less than four weeks' notice in
writing to her employer of the date upon which she proposes to
commence maternity leave, stating the period of leave to be
taken.
(d) A worker shall not be in breach of this order as a
consequence of failure to give the stipulated period of notice in
accordance with paragraph (c) hereof if such failure is occasioned
by the confinement occurring earlier than the presumed date.
(3) Transfer to a Safe-Job
Where in the opinion of a duly qualified medical practitioner,
illness or risks arising out of the pregnancy or hazards connected
with the work assigned to the worker make it inadvisable for the
worker to continue at her present work, the worker shall, if the
employer deems it practicable, be transferred to a safe job at the
rate and on the conditions attaching to that job until the
commencement of maternity leave.
If the transfer to a safe job is not practicable, the worker
may, or the employer may require the worker to, take leave for such
period as is certified necessary by a duly qualified medical
practitioner. Such leave shall be treated as maternity leave for
the purposes of subclauses (7), (8), (9) and (10) hereof.
(4) Variation of Period of Maternity Leave
(a) Provided the addition does not extend the maternity leave
beyond 52 weeks, the period may be lengthened once only, save with
the agreement of the employer, by the worker giving not less than
14 days' notice in writing stating the period by which the leave is
to be lengthened.
(b) The period of leave may, with the consent of the employer,
be shortened by the worker giving not less than 14 days' notice in
writing stating the period by which the leave is to be
shortened.
(5) Cancellation of Maternity Leave
(a) Maternity leave, applied for but not commenced, shall be
cancelled when the pregnancy of a worker terminates other than by
the birth of a living child.
(b) Where the pregnancy of a worker then on maternity leave
terminates other than by the birth of a living child, it shall be
right of the worker to resume work at a time nominated by the
employer which shall not exceed four weeks from the date of notice
in writing by the worker to the employer that she desires to resume
work
(6) Special Maternity Leave and Sick Leave
(a) Where the pregnancy of a worker not then on maternity leave
terminates after 28 weeks other than by the birth of a living child
then -
(i) she shall be entitled to such period of unpaid leave (to be
known as special maternity leave) as a duly qualified medical
practitioner certifies as necessary before her return to work,
or
(ii) 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 sick leave as to which she
is then entitled and which a duly qualified medical practitioner
certifies as necessary before her return to work
(b) Where a worker not then on maternity leave suffers illness
related to her pregnancy, she may take such paid sick leave as to
which she is then entitled and such further unpaid leave (to be
known as special maternity leave) as a duly qualified medical
practitioner certifies as necessary
-
before her return to work, provided that the aggregate of paid
sick leave, special maternity leave and maternity leave shall not
exceed 52 weeks.
(c) For the purposes of subclauses (7), (8) and (9) hereof,
maternity leave shall include special maternity leave.
(d) A worker returning to work after the completion of a period
of leave taken pursuant to this subclause shall be entitled to the
position which she held immediately before proceeding on such leave
or, in the case of a worker who was transferred to a safe job
pursuant to subclause (3), to the position she held immediately
before such transfer.
Where such position no longer exists but there are other
positions available, for which the worker is qualified and the
duties of which she is capable of performing, she shall be entitled
to a position as nearly comparable in status and salary or wage to
that of her former position.
(7) Maternity Leave and Other Leave Entitlements
Provided the aggregate of leave including leave taken pursuant
to subclauses (3) and (6) hereof does not exceed 52 weeks.
(a) A worker may, in lieu of or in conjunction with maternity
leave, take any annual leave or long service leave or any part
thereof to which she is then entitled.
(b) Paid sick leave or other paid authorised award absences
(excluding annual leave or long service leave), shall not be
available to a worker during her absence on maternity leave.
(8) Effect of Maternity Leave on Employment
Notwithstanding any award, or other provision to the contrary,
absence on maternity leave shall not break the continuity of
service of a worker but shall not be taken into account in
calculating the period of service for any purpose of the award.
(9) Termination of Employment
(a) A worker on maternity leave may terminate her employment at
any time during the period of leave by notice given in accordance
with this award.
(b) An employer shall not terminate the employment of a worker
on the ground of her pregnancy or of her absence on maternity
leave, but otherwise the rights of an employer in relation to
termination of employment are not hereby affected.
(10) Return to Work After Maternity Leave
(a) A worker shall confirm her intention of returning to her
work by notice in writing to the employer given not less than four
weeks prior to the expiration of her period of maternity leave.
(b) A worker, upon the expiration of the notice required by
paragraph (a) hereof, shall be entitled to the position which she
held immediately before proceeding on maternity leave or, in the
case of a worker who was transferred to a safe job pursuant to
subclause (3), to the position which she held immediately before
such transfer. Where such position no longer exists but there are
other positions available for which the worker is qualified and the
duties of which she is capable of performing, she shall be entitled
to a position as nearly comparable in status and salary or wage to
that of her former position.
(11) Replacement Workers
(a) A replacement worker is a worker specifically engaged as a
result of a worker proceeding on maternity leave.
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(b) Before an employer engages a replacement worker under this
subclause, the employer shall inform that person of the temporary
nature of the employment and of the rights of the worker who is
being replaced.
(c) Before an employer engages a person to replace a worker
temporarily promoted or transferred in order to replace a worker
exercising her rights under this clause, the employer shall inform
that person of the temporary nature of the promotion or transfer
and of the rights of the worker who is being replaced.
(d) Provided that nothing in this subclause shall be construed
as requiring an employer to engage a replacement worker.
(e) A replacement worker shall not be entitled to any of the
rights conferred by this clause except where her employment
continues beyond the 12 months qualifying period.
(12) Effect of Maternity Leave on Accrued Day(s) Off
(a) When an employee proceeds on maternity leave there will be
no accrual towards an Accrued Day(s) Off as prescribed in
subclauses (1) and (2) of Clause 8 - Hours of this award.
(b) When an employee proceeds on maternity leave the employer
may pay an employee the amount of hours accrued towards an Accrued
Day(s) Off as prescribed in subclauses (1) and (2) of Clause 8 -
Hours of this award.
34. - EFFECT OF 38 HOUR WEEK
(1) Termination
(a) An employee subject to the provisions of subclause (1) of
Clause 8 - Hours of this award who has not taken any Accrued Day(s)
Off accumulated during a work cycle in which employment is
terminated, shall be paid the total of hours accumulated towards
the Accrued Day(s) Off for which payment has not already been
made.
(b) An employee who has taken any Accrued Day(s) Off during a
work cycle in which employment is terminated shall have the wages
due on termination reduced by the total hours for which payment has
already been made but for which the employee had no entitlement
toward those Accrued Day(s) Off.
(2) Workers' Compensation
(a) 20 Day Work Cycle
(i) Where an employee is on workers' compensation for periods
for less than one complete 20 days work cycle, such employee will
accrue towards and be paid for the succeeding Accrued Day Off
following such absence.
(ii) An employee will not accrue Accrued Day(s) Off for periods
of workers' compensation where such period of leave exceeds one or
more complete 20 days work cycle.
(iii) Where an employee is on workers' compensation for less
than one complete 20 day work cycle and an Accrued Day Off falls
within the period, the employee will not be re-rostered for an
additional Accrued Day Off.
(b) 12 Months' Work Cycle
(i) Where an employee is on workers' compensation for periods
for less than a total of 20 consecutive work days in a work cycle
such employee will accrue towards and be paid for the succeeding
Accrued Day(s) Off following such leave.
-
(ii) Where an employee is on workers' compensation for periods
greater than a total of 20 consecutive days in a work cycle such
employee will have the period of workers' compensation added to the
work cycle.
(iii) Where an employee is on workers' compensation for greater
than 20 consecutive work days and an Accrued Day Off as prescribed
in subclause (i) of Clause 7 - Hours of this award falls within the
period the employee shall be re-rostered for another Accrued Day
Off on completion of the 20 week work cycle following such
absence.
(3) Leave Without Pay
An employee who is absent on any form of leave without pay shall
not accumulate an entitlement to an Accrued Day Off for the period
of such leave nor will the employee be entitled to an Accrued Day
Off whilst on leave without pay.
(4) Pay Out of Entitlements
An employee who has accrued five Accrued Days Off or more, may
by mutual written agreement, be paid for any Accrued Day(s) Off
then standing to the credit of that employee. Such payment will be
in full discharge of any liability on the employer arising pursuant
to Clause 8 - Hours of this award. An employee shall not otherwise
be paid for Accrued Day(s) Off without actually taking them as days
off.
35. - PAYMENT OF WAGES
(1) Wages shall be paid by cheque, direct transfer or cash at
the employer's discretion following consultation with the
employees.
(2) (a) The employer may require an employee to receive wages by
electronic funds transfer into an account held at any major bank,
building society, or Nurses' Credit. Any costs associated with the
establishment by the employee of such an account and of the
operation of it shall be borne by the employee.
(b) In respect of transfer fees associated with the transfer of
funds from the employer's bank to any other bank or financial
institution nominated by the employee, such fees shall be paid by
the employer.
36. - BEREAVEMENT LEAVE
(1) An employee shall on the death within Australia of a wife,
husband, de facto wife or de facto husband, father, father in law,
mother, mother in law, brother, sister, child or stepchild, be
entitled on notice of leave up to and including the day of the
funeral of such relation and such leave shall be without deduction
of pay for a period not exceeding the number of hours worked by the
employee in two ordinary working days. Proof of such death shall be
furnished by the employee to the satisfaction of her employer.
(2) Provided that payment in respect of bereavement leave is to
be made only where the employee otherwise would have been on duty
and shall not be granted in any case where the employee concerned
would have been off duty in accordance with her roster, or on long
service leave, annual leave, sick leave, workers compensation,
leave without pay or on a public holiday.
(3) An employee shall not be entitled to claim payment for
bereavement leave on a day when that employee is absent on an
Accrued Day Off in accordance with the provisions of subclauses (1)
and (2) of Clause 8 - Hours of this Award.
(4) An employee whilst on bereavement leave prescribed by this
clause shall continue to accrue an entitlement to an Accrued Day
Off as prescribed in subclauses (1) and (2) of Clause 8 - Hours of
this Award.
-
37. - LEAVE WITHOUT PAY
Leave without pay may be provided by the employer and taken by
the employee only where both parties consent and the arrangements
for such leave shall be by agreement between the parties.
38. - COMPACTION OF LEAVE
On agreement between the employer and employee, a part-time
employee or an employee whose ordinary hours have changed from
part-time may take entitlements as a reduced period of full-time
equivalent time off.
39. - ENTERPRISE AGREEMENTS
(1) (a) Employers and employees covered by this award, may reach
agreements to move to vary provisions of this award to meet the
requirements of the employer's business and the aspirations of the
employees concerned.
(b) Such agreements shall be subject to the procedures contained
in subclause (2) of this clause.
(2) (a) The proposed variation shall be committed to writing,
and shall be the subject of negotiation between the persons
directly concerned with their effect.
(b) Where enterprise level discussions are considering matters
requiring award variation, the union shall be notified.
(c) Nothing in this clause shall prevent the employees from
seeking advice from, or representation by, the union during such
negotiations.
(d) Any agreement reached out of this negotiation process shall
be committed to writing and, if the union has not been involved in
the negotiations, a copy shall be sent to the Secretary of the
union.
(e) Where the agreements represents the consent of the employer
and the majority of the employees concerned, the union shall not
unreasonably oppose the terms of that agreement.
(f) No employee shall lose any existing entitlement to earnings
for working ordinary hours of work as a result of the
implementation of an enterprise agreement, provided that employers
and employees may agree on terms and conditions in the aggregate no
less favourable to the employees than those prescribed by the award
for working ordinary hours of work.
(3) Any agreement to vary the award shall be processed in
accordance with Section 40 of the Industrial Relations Act, 1979
and shall be subject to approval by the Western Australian
Industrial Relations Commission. If approved it shall operate as a
Schedule to this award and take precedence over any
inconsistency.
40. - DELETED
PART II
41. - LONG SERVICE LEAVE
(1) The conditions contained in the document Long Service Leave
Conditions - State Government Wages Employees as consolidated by
the Public Service Board in May, 1974 shall apply to workers
covered by this Award with the exception that on and from the 1st
day of January, 1979 long service leave for the second and
subsequent period of service shall accrue at the rate of thirteen
weeks' leave for seven years continuous service.
-
(2) Any qualifying service prior to 1st January, 1979 for the
second period of long service leave, shall be calculated on a ten
year qualifying period basis but all qualifying service after 1st
January, 1979 shall be calculated on a seven year qualifying period
basis.
42. - SICK LEAVE
(1) (a) A worker, other than a casual worker, shall be entitled
to payment for non-attendance on the ground of personal ill health
for one-sixth of a week for each completed month of service.
Provided that subject to paragraph (b) of this sub clause payment
for absence through such ill-health shall be limited to two weeks
in each calendar year. Payment hereunder may be adjusted at the end
of each calendar year or at the time the worker leaves the service
of the employer, in the event of the worker being entitled by
service subsequent to the sickness to a greater allowance than that
made at the time the sickness occurred.
(b) Sick leave shall accumulate from year to year so that any
balance of the period specified in paragraph (a) of this sub-clause
which has in any year, not been allowed to any worker by his
employer as paid sick leave may be claimed by the worker and,
subject to the conditions herein prescribed, shall be allowed by
his employer in any subsequent year without diminution of the sick
leave prescribed in respect of that year.
(2) (a) No leave on account of illness or injury shall be
granted with pay if the illness or injury has been caused by the
workers own fault, neglect or misconduct.
(b) No worker shall be entitled to the benefit of this clause
unless he produces proof to the satisfaction of the employer or his
representative of such sickness provided that the employer shall
not be entitled to a medical certificate for absences of less than
three consecutive working days unless the total of such absences
exceeds five days in any one accruing year.
(c) Any worker necessarily absenting himself from duty through
sickness shall send immediately, notice to his officer in charge
and at once apply for sick leave.
(d) This clause shall not apply where the worker is entitled to
compensation under the Workers' Compensation Act 1912-1973.
(e) Where a worker is sick or has suffered injury during his
annual leave and produces a certificate from a legally qualified
medical practitioner that such sickness or injury necessitated
confinement to home or hospital for seven continuous days or more,
then the period covered by the certificate shall be considered to
be sick leave subject to the provisions of this clause. Provided
further, the worker concerned has sick leave credits available and
the portion of annual leave coinciding with the paid sick leave
shall be taken at a time convenient to the employer.
(f) A rostered worker, proceeding on sick leave, shall be paid
the shift and weekend penalties he would have received had he not
proceeded on sick leave.
43. - DISPUTE SETTLEMENT PROCEDURE
(1) Preamble
(1) (a) This subclause is inserted into the award/industrial
agreement as a result of legislation which came into effect on 16
January 1996 (Industrial Relations Legislation Amendment and Repeal
Act 1995) and further varied by legislation which came into effect
on 23 May 1997 (Labour Relations Legislation Amendment Act
1997).
(b) Any question dispute or difficulty arising under this award
shall be subject to the procedures set out herein.
-
(c) No bans, stoppages or limitations should be imposed prior
to, or during, the time this procedure is being followed.
(d) Any settlement reached which is contrary to the terms of
this award shall not have effect unless or until that conflict is
resolved.
(e) This clause in no way limits the rights of employers,
employees and the Union under the Occupational Health, Safety and
Welfare Act 1984 or other related legislation.
(2) Procedure
Where the matter is raised by an employee, or a group of
employees, the following steps shall be observed:
(a) The employee(s) concerned shall discuss the matter with the
immediate supervisors. If the matter cannot be resolved at this
level, the supervisor shall, within two working days, refer the
matter to a more senior officer nominated by the employer, and the
employee(s) shall be advised accordingly.
(b) The senior officer shall, if able, answer the matter raised
within five working days of it being referred and, if the senior
officer is not so able, refer the mater to the employer for his/her
attention, and the employee(s) shall be advised accordingly.
(c) (i) If the matter has been referred in accordance with
paragraph (b) above, the employee(s) or the job representative
shall notify the Union Secretary or nominee to enable the
opportunity of discussing the matter with the employer.
(ii) The employer shall, as soon as practicable after
considering the matter before it, advise the employee(s) or, where
necessary, the Union of its decision, provided that such advice
shall be given within 21 calendar days of the matter being referred
to the employer.
(d) Nothing in this procedure shall preclude the parties
reaching agreement to shorten or extend the period specified in
paragraphs (a), (b) or (c)(ii) of this subclause.
(e) Observance of these procedures shall in no way prejudice the
right of any party in dispute to refer the matter for resolution in
the Western Australian Industrial Relations Commission at any time
provided that with effect from 22 November 1997 it is required that
persons involved in the question, dispute or difficulty shall
confer among themselves and make reasonable attempts to resolve
questions, disputes or difficulties before taking those matters to
the Commission.
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APPENDIX - RESOLUTION OF DISPUTES REQUIREMENT
(1) This Appendix is inserted into the award/industrial
agreement as a result of legislation which came into effect on 16
January 1996 (Industrial Relations Legislation Amendment and Repeal
Act 1995) and further varied by legislation which came into effect
on 23 May 1997 (Labour Relations Legislation Amendment Act
1997).
(2) Subject to this appendix, and in addition to any current
arrangements the following procedures shall apply in connection
with questions, disputes or difficulties arising under this
award/industrial agreement.
(a) The persons directly involved, or representatives of
person/s directly involved, shall discuss the question, dispute or
difficulty as soon as is practicable.
(b) (i) If these discussions do not result in a settlement, the
question, dispute or difficulty shall be referred to senior
management for further discussion.
(ii) Discussions at this level will take place as soon as
practicable.
(3) The terms of any agreed settlement should be jointly
recorded.
(4) Any settlement reached which is contrary to the terms of
this award/industrial agreement shall not have effect unless and
until that conflict is resolved to allow for it.
(5) Nothing in this appendix shall be read so as to exclude an
organisation party to or bound by the award/industrial agreement
from representing its members.
(6) Any question, dispute or difficulty not settled may be
referred to the Western Australian Industrial Relations Commission
provided that with effect from 22 November 1997 it is required that
persons involved in the question, dispute or difficulty shall
confer among themselves and make reasonable attempts to resolve
questions, disputes or difficulties before taking those matters to
the Commission.
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APPENDIX - ROSTERING PROVISIONS
1. The parties are committed to a review of the present
rostering arrangements as part of the 4% second tier agreement.
2. Further to the above, and acknowledging provisions of the
existing Hours and Rostering clause of this award, the parties
agree to examine variations to existing rostering arrangements.
These new arrangements will be designed to improve productivity and
efficiency in the workplace and enhance patience care.
3. The arrangements to be considered shall include:
(a) actual hours of 38 hours per week or 76 hours per
fortnight.
(b) a four week cycle of 19 days of eight hours each with 0.4 of
one hour each day worked accruing as an entitlement to take the
20th day in each cycle as a day off and paid for as though
worked.
(c) actual hours of 76 hours over nine days per fortnight with
the 10th day to be taken as an unpaid rostered day off.
(d) actual hours of 40 per week or 80 per fortnight with two
hours of each week's work accruing as an entitlement to a maximum
of 12 days off in each 12 month period.
(e) any other method as agreed between the employer and the
union.
4. The employer shall notify employees of any proposed roster
changes no less than 30 days prior to the proposed date of
implementation.
5. The proposed roster variations for each site or subsite shall
be explained to the employees concerned at the time of notification
of change.
The affected parties (i.e. site management and employees) will
then consult with each other with a view to agreeing to the
proposed roster.
6. Where agreement cannot be reached, the issues may be referred
to the Western Australian Industrial Relations Commission for
conciliation and, if necessary, arbitration.
7. The provisions of this appendix shall not apply to rostering
clauses contained within the Hours and Rostering clause of the
award.
8. Where a dispute is not notified to the Western Australian
Industrial Relations Commission within the 30 day notice period
outlined in Clause 5, the roster may be implemented.
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SCHEDULE A
Notwithstanding the general provisions of Clause 29. - Wages of
this award, but subject to subclauses (3) and (4) thereof regarding
the offset of an arbitrated safety net adjustment, the following
annual salaries shall apply in lieu thereof to the positions
described herein:
Base Rate Per Annum $
Arbitrated Safety Net Adjustment $
Total Rate Per Annum$
Directors of Nursing - Level 5
Grade 1
Esperance Community Nursing Home
46125 23908 70033
Grade 2
Dean LodgeMcDougall Park Nursing HomeRockingham Nursing Home
49200 24245 73445