PART 3 - COMMUNICATION, CONSULTATION AND DISPUTE RESOLUTION PART 5 - WAGES, ALLOWANCES AND RELATED MATTERS

Transcription

1 A.C.T NURSES AWARD 2000 (This award SUPERSEDES Hospital Employees Etc (Nursing Staff ACT) Award 1980 [H0017] and Australian Nursing Federation Permanent Part-time Work (A.C.T) Award 1990 [A0522]). This award is varied to 29 November PART 1 - APPLICATION AND OPERATION OF AWARD 1. AWARD TITLE This award shall be known as the A.C.T. Nurses Award ARRANGEMENT This award is arranged as follows: PART 1 - APPLICATION AND OPERATION OF AWARD 1. Award title 2. Arrangement 3. Anti-discrimination 4. Definitions 5. Commencement of award 6. Parties bound 7. Relationship to other awards PART 2 - AWARD FLEXIBILITY 8. Enterprise flexibility provision 9. Index of facilitative provisions PART 3 - COMMUNICATION, CONSULTATION AND DISPUTE RESOLUTION 10. Dispute avoidance and settlement procedures 11. Posting of award PART 4 EMPLOYMENT AND TERMINATION 12. Types of employment 13. Redundancy pay and notice of termination PART 5 - WAGES, ALLOWANCES AND RELATED MATTERS 14. Classifications and wage rates 15. Supported wage system 16. Increments 17. Accelerated advancement 18. Progression and accelerated advancement - enrolled nurses 19. Payment of wages 20. Timesheets 21. Board and lodgings 22. Higher duties 23. On-call and recall 24. Uniforms and laundering 25. Superannuation 1

2 PART 6 - HOURS OF WORK, BREAKS AND OVERTIME 26. Hours of work 27. Rosters 28. Meal hours 29. Overtime 30. Absence from duty in lieu of payment for overtime 31. Penalty rates PART 7 - LEAVE OF ABSENCE AND PUBLIC HOLIDAYS 32. Recreation leave 33. Personal leave 34. Public holidays 35. Leave to attend industrial proceedings as a witness 3. ANTI-DISCRIMINATION 3.1 It is the intention of the respondents to this award to achieve the principal object in s.3 (j) of the Workplace Relations Act 1996 through respecting and valuing the diversity of the work force by helping to prevent and eliminate discrimination on the basis of race, colour, sex, sexual preference, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin. 3.2 Accordingly, in fulfilling their obligations under the dispute avoidance and settling clause, the respondents must make every endeavour to ensure that neither the award provisions nor their operation are directly or indirectly discriminatory in their effects. 3.3 Nothing in this clause is taken to affect: 4. DEFINITIONS any different treatment (or treatment having different affects) which is specifically exempted under the Commonwealth antidiscrimination legislation; junior rates of pay; an employee, employer or registered organisation, pursuing matters of discrimination in any State or Federal jurisdiction, including by application to the Human Rights and Equal Opportunity Commission; the exemptions in s.170ck (3) and (4) of the Workplace Relations Act Employer means: The Australian Capital Territory and/or Chief Executive, Calvary Hospital A.C.T. Incorporated; and/or 2

3 4.1.3 Canberra Mothercraft Society; and/or The Australian Red Cross Society (A.C.T. Division). 4.2 Employee means a person employed in a classification in this award by an employer and, includes an officer or temporary employee employed under the Public Service Management Act Union will mean the Australian Nursing Federation or the Health Services Union of Australia. 4.4 Registered nurse means an employee who is registered by the Nurses Board of the Australian Capital Territory. 4.5 Student enrolled nurse means an employee who is undergoing a course of education conducted by the employer, successful completion of which entitles the person to enrolment as an enrolled nurse by the Nurses Board of the Australian Capital Territory 4.6 Registered nurse student means an employee who is a registered nurse and who is undergoing a course of post-basic study recognised by the employer. 4.7 Registered nurse level - 1 means a registered nurse who is not employed in the Community Nursing Service, who: delivers nursing care to patients/clients in any practice setting and is provided with or has access to guidance from more experienced and/or senior registered nurses; provides support and direction to enrolled nurses, student enrolled nurses and student nurses. 4.8 Registered nurse - level 2 means a registered nurse who: has demonstrated competence in advanced nursing practice; provides guidance to registered nurse - level 1, enrolled nurse, and student enrolled nurse in the delivery of nursing care; acts as Team Leader in the absence of the Clinical Nurse Consultant progression to registered nurse - level 2 will be by promotion and merit selection progression to registered nurse level 2 will be by promotion and merit selection provided that there is a minimum of 25% of the Registered Nurse workforce in each clinical service area classified at Level 2, with additional positions according to organisation need For the purposes of a clinical service area at Calvary Hospital is a group under the clinical direction of a Clinical Nurse Consultant or local title equivalent. At the Canberra 3

4 Hospital it is an area controlled by a Director of Nursing in a Service Management Team Registered nurse - level 2 means the minimum classification level for a registered nurse employed in the Women s, Children and Youth Health Program and the Integrated Health Care Program of ACT Community Care. 4.9 Registered nurse level 3 means: A registered nurse who may be referred to as: clinical nurse consultant, nurse educator, nurse manager, nurse coordinator, or clinical nurse coordinator. Except as provided for in paragraph a level 3 registered nurse will be appointed to the clinical, management or education stream Composite Role a registered nurse level 3 may be appointed across streams only in circumstances where the size and complexity and nature of the nursing service requires performance of a combination of the responsibilities including but not limited to: (a) the position of clinical nurse coordinator in ACT Community Care will be a composite Clinical/management position (b) the position of clinical nurse coordinator at Calvary Hospital will be a composite position 4.10 Clinical nurse consultant is responsible for the quality of clinical nursing care provided in a ward or clinical unit or to a specified group of patients/clients Nurse Manager is responsible for the management of human and material resources relating to the provision of nursing services in a management unit or specified area of practice; or is responsible for a significant element of resource management and/or the conduct of research relevant to the nursing service of a hospital or health agency Nurse educator is responsible for the conduct, evaluation and planning of education programs and/or staff development for a specified group of nurses or education programs for patients/clients and others Registered nurse level 4 means: A registered nurse who may be referred to as an assistant director of nursing - clinical, assistant director of nursing - management, assistant director of nursing - education, assistant director of nursing - clinical/management/education. The 4

5 relevant grade between 1 to 3 inclusive for each post is set out in clause 13 of this award. Except as provided for in paragraph , an assistant director of nursing will be appointed to the clinical, management or education stream Composite Role an assistant director of nursing may be appointed across streams only in circumstances where the size, complexity and nature of the nursing service requires performance of a combination of the responsibilities in 4.14, 4.15 and Assistant director of nursing - clinical is responsible for the standards of clinical care and for the development of policy in respect of the clinical management of patients/clients whose nursing care is provided in an assigned number of clinical units; 4.15 Assistant director of nursing management: is responsible for the coordination and management of the human and material resources necessary for the delivery of nursing care within an assigned number of management units; or is responsible for the resource management and/or the conduct of research relevant to the nursing service of a hospital or health agency Assistant director of nursing - education is responsible for the coordination and delivery by registered nurses - level 3 of education programs or staff development activities; 4.17 Registered Nurse - Level 5 means a registered nurse who may be referred to as a director of nursing. The relevant grade between 1 to 6 inclusive for each post is set out in clause 13 of this award Weekly Rate of Pay means the annual rate of pay multiplied by 12 then divided by 313 and then divided by COMMENCEMENT OF AWARD This award comes into force on 23 February 2000 and continues in operation for a period of 6 months. 6. PARTIES BOUND 6.1 This award will apply to and be binding upon: the Australian Nursing Federation and the Health Services Union of Australia in respect of their officers, members and persons eligible to be members, but is not binding upon members of religious orders; and 5

6 6.1.2 the Australian Capital Territory; and the Chief Executive, Calvary Hospital ACT Incorporated; and the Canberra Mothercraft Society; and the Australian Red Cross Society (ACT Division); in respect of all officers and employees in the classifications specified in clause 13 of this award. 7. RELATIONSHIP TO OTHER AWARDS This award supersedes the Hospital Employees etc (Nursing Staff A.C.T.) Award 1980 made by the Australian Conciliation and Arbitration Commission on 17 November 1980 and the Australian Nursing Federation Permanent Part-Time Work (A.C.T.) Award 1990 made by the Australian Industrial Relations Commission on 2 September PART 2 - AWARD FLEXIBILITY 8. ENTERPRISE FLEXIBILITY PROVISION (See ss.113a and 113B of the Workplace Relations Act 1996) Where an employer or employees wish to pursue an agreement at the enterprise or workplace about how the award should be varied so as to make the enterprise or workplace operate more efficiently according to its particular needs the following process shall apply: 8.1 A consultative mechanism and procedures appropriate to the size, structure and needs of the enterprise or workplace shall be established. 8.2 For the purpose of the consultative process the employees may nominate the Union or another to represent them. 8.3 Where agreement is reached an application shall be made to the Australian Industrial Relations Commission. 9. INDEX OF FACILITATIVE PROVISIONS 9.1 This award contains facilitative provisions which allow agreement to be reached between an Agency Head and employees on how specific award provisions are to apply at the workplace or agency level. The facilitative provisions are identified in subclauses The specific award provisions establish both the standard award condition and the framework within which agreement can be reached as to how the particular provision should be applied in practice. Facilitative provisions are not to be used as a device to avoid award obligations, nor should they result in unfairness to an employee or employees covered by this award. 9.3 The facilitative provisions are as follows: Clause title Clause number Regular part time employment Hours of work

7 Hours of Work 26.4 Absence from duty in lieu of payment for overtime 30.1 Recreation Leave Public Holidays 34.2 PART 3 - COMMUNICATION, CONSULTATION AND DISPUTE RESOLUTION 10. DISPUTES AVOIDANCE AND SETTLEMENT PROCEDURES 10.1 Consultative mechanism: The Agency Head and employees, in each agency covered by this award, may establish a mechanism and procedures which enable them to communicate and consult about matters arising out of this award, in particular, but not exclusively, clauses 8 Enterprise Flexibility Provision and 9 Index of Facilitative Provisions. Employees participating in these arrangements will not suffer any loss of pay Process: In the event of a dispute arising in an agency the procedure to be followed to resolve the matter will be as follows: the employee/s and the supervisor will meet and confer on the matter; if the matter is not resolved at such a meeting the parties will arrange for further discussions between the employee/s and more senior levels of management at any time during and , the employee/s may choose to be represented by the relevant union delegate/official of other employee representative Matter not resolved: If the matter is still not resolved a discussion will be held between the Agency Head and or a nominated representative, and the union or another employee representative Reference to AIRC: If the matter cannot be resolved it may be referred to the AIRC Continuation of work: While the parties attempt to resolve the matter work will continue as normal unless the employee/s has a reasonable concern about an imminent risk to their health and safety Leave of absence to attend proceedings: Where the provisions of 10.2 and 10.3 have been complied with, and to assist in the resolution of the matter, the union delegate/employee representative referred to in , will be granted leave of absence to attend AIRC proceedings arising from referral of the matter in A union delegate/employee representative granted leave of absence under 10.6 will not suffer any loss of pay. 7

8 10.7 Leave of absence to attend courses: To assist in the resolution of disputes in an agency a union delegate/ employee representative, referred to in , will be granted leave of absence to attend short courses conducted by a recognised training provider which are specifically directed towards effective dispute resolution. The grant of leave will be subject to the operating requirements of the agency The specific training course will be agreed between the employer and the individual employee A union delegate/employee representative granted leave of absence under 10.7 will not suffer any loss of pay Notice Boards: To facilitate communication between employees and/or employee representatives at the workplace, the employer will permit the use of notice boards, provided that such communication is not offensive or improper. 11. POSTING OF AWARD 11.1 This award shall be exhibited by each employer at their premises in a place accessible to all employees To facilitate communication between employees and/or employee representatives at the workplace, the employer will permit the use of notice boards, provided that such communication is not offensive or improper. PART 4 - EMPLOYER AND EMPLOYEE S DUTIES, EMPLOYMENT RELATIONSHIP AND RELATED ARRANGEMENTS 12. TYPES OF EMPLOYMENT 12.1 General Employees under this award will be employed in one of the following categories: 12.2 Temporary employment (a) permanent employment on a full-time or regular parttime basis, including appointment on probation; or (b) temporary employment on a full-time or regular parttime basis; or (c) engagement as a casual employee A temporary employee is an employee engaged on a continuous basis for a fixed period of not less than a month. The hours of duty of a temporary employee are fixed by the employer. 8

9 12.3 Casual employment A temporary employee is entitled to payment for public holidays (or additional annual leave related thereto) and to accrue leave in accordance with the relevant provisions of this award A casual employee is an employee who is engaged on an irregular or occasional basis, and whose hours of work are subject to variation by the agency. To provide relief for staff absences, a casual employee may be required to perform work according to a fixed roster. A casual employee is not entitled to receive payment for public holidays not worked, or to accrue leave in accordance with the provisions of this award. In lieu of these benefits, a casual employee will be paid at the appropriate hourly rate for the classification plus 20 per centum. This additional payment is to be included in calculations for all purposes under this clause Regular part-time employment Employees in any classification may be employed as regular part-time employees for an agreed number of regular hours per week which is less then the ordinary hours of duty specified in this Award. Regular part-time employees will receive, on a pro rata basis, equivalent pay and conditions to those of a full-time employee. In relation to expense related allowances, the employee will receive entitlements specified in the relevant clauses of this Award The CEO will provide in writing before a part time employee commences duty: (a) the prescribed weekly hours of duty, subject to the maximum number of ordinary hours of duty on any one day or shift applicable to a full time employee; and (b) the pattern of hours to be worked including starting and finishing times for other than shift workers, on each or any day of the week, Monday to Friday, within the limits of the span of hours specified for an equivalent full-time employee The pattern of hours specified under will be no less than 3 hours per day of attendance or an alternative agreed period and will be continuous on any one day The prescribed weekly hours and pattern of hours will not be varied, amended or revoked without the consent of the employee. Any agreed variation to the regular pattern of work will be recorded in writing. 9

10 Proposals for part-time employment may be initiated by the employer for operational reasons or by an employee for personal reasons (a) Where a proposal is initiated by an employee, the employer will have regard to the personal reasons put by the employee in support of the proposal and to the agency s operational requirements (b) The written agreement of a full-time employee will be obtained before the employee s hours are varied, amended or revoked (c) No pressure will be exerted on full-time employees to convert to part-time employment or to transfer to another position to make way for part-time employment Where a full-time employee is permitted to work part-time for personal reasons, the notice in writing under subclause may provide for the hours to be varied to full-time hours on a specified date Where a full-time employee is permitted to work part-time for personal reasons and due to changed circumstances, before the expiry of the agreed period under subclause , is personally available to return to full-time work they shall have the right to do so, as soon as practicable after notifying the Chief Executive Officer. 13. REDUNDANCY PAY AND NOTICE OF TERMINATION This clause applies only to employees employed under the Public Sector Management Act Eligible employee: An employee other than: a probationary officer employed under s70 of the Public Sector Management Act 1994 or under any other relevant Act of the Australian Capital Territory; a fixed term temporary employee engaged under s108 of the Public Sector Management Act 1994 or under any other relevant Act of the Australian Capital Territory; a temporary employee engaged on an entry to the workforce program under s109 of the Public Sector Management Act 1994; a casual employee engaged under s110 of the Public Sector Management Act 1994 or under any other relevant Act of the Australian Capital Territory 10

11 is an eligible employee Excess employee: An employee is an excess employee if: the employee is included in a class of employees employed in the agency, which class comprises a greater number of employees than is necessary for the efficient and economical working of the agency; or the services of the employee cannot be effectively used because of technological or other changes in the work methods of the agency or changes in the nature, extent or organisation of the functions of the agency: or the duties usually performed by the employee are to be performed at a different locality, the employee is not willing to perform duties at the locality and the relevant chief executive has determined the provision of this clause apply to that employee Entitlement: An excess eligible employee whose employment is terminated will be entitled to be paid redundancy pay of a sum equal to 2 weeks salary for each year of continuous service, plus a proportional basis for completed months of service since the last completed year of service Minimum and maximum payments: the minimum sum payable as redundancy pay on termination will be 4 weeks salary and the maximum will be 48 weeks salary Proportionate entitlement: redundancy pay will be calculated on a proportionate basis where the employee has worked parttime hours during the period of service and the employee has less than 24 years full-time service Service for redundancy purposes: For the purpose of calculating the entitlement in accordance with 13.3, service means: service of a kind described in section 11 of the Public Sector Management (Consequential and Transitional Provisions) Act service of persons employed in the ACT Public Service under the Public Sector Management Act service with the Commonwealth of persons appointed under s115 of the Public Sector Management Act 1994; service with ACTTAB Limited; service with the A.C.T Legal Aid Commission; and service with the A.C.T Fire Brigade. 11

12 13.5 Service not to count for redundancy pay purposes: Any period of service that ceased in any of the following ways will not count as service for redundancy pay purposes: retrenchment; retirement on grounds of invalidity; inefficiency or loss of qualifications; forfeiture of office; dismissal; termination of probation appointment for reasons of unsatisfactory service; or voluntary retirement at or above the minimum retiring age applicable to the employee or with the payment of an employee-financed retirement benefit Absences during a period of service: Absences from duty that do not count as service for long service leave as provided for in s156 of the Public Sector Management Act 1994 will not count for service for redundancy pay purposes Rate of Payment - redundancy pay: For the purpose of calculating any payment under 13.3, salary will include: the employee s full-time salary, adjusted on a proportional basis for periods of part time service for an allowance to be included in salary for redundancy pay purposes it will have been paid during periods of annual leave and on a regular basis and not be a reimbursement for expenses incurred or a payment for disabilities associated with the performance of a duty higher duties payments where the employee has been acting for a continuous period of at least 12 months immediately preceding the date on which the employee is given notice of termination shift penalties where the employee has undertaken shift work for 50% or more of the pay periods in the 12 months preceding the date on which the employee is given notice of termination. The employee is entitled to have included in salary the weekly average of the penalties payable over the 12 months immediately proceeding the date on which the employee is given notice of termination Period of notice - termination: Where an excess employee is terminated, the period of notice will be 4 weeks. In the case of an employee over 45 years of age with at least 2 years of continuous service the period of notice will be 5 weeks. In cases of involuntary retirement, these periods of notice will be extended by any periods of certificated sick leave taken during such periods Where a chief executive directs, or the employee requests, a termination date within the notice period, the employee s employment will terminate on that date. The employee will be paid compensation instead of notice for the unexpired portion of the notice period. The payments an employee would have received in respect of the ordinary time the employee would 12

13 have worked during the period of notice, had the employment not been terminated, will be used in calculating any compensation instead of notice Time off during notice period: An employee will be entitled to reasonable time off with full pay to attend necessary employment interviews, from the date the period of notice commences Expenses: Where expenses to attend interview are not met by the prospective employer, the employee will be entitled to reasonable travel and incidental expenses incurred Reduction in classification: Where the chief executive proposes to reduce an excess employee s classification either: the employee will be given the same period of notice as the employee would have been entitled to receive if the employment had been terminated, which will be extended by any periods of certificated sick leave taken during such periods; or the employer may pay an amount to maintain the level of salary received by the employee at the date of notice of reduction in classification for the number of weeks of notice still owing. Such payments will be calculated in accordance with Moving household: Where it is necessary as a result of transfer or reduction in classification under the Public Sector Management Act 1994 for an excess employee to move household to a new locality, the employee will be entitled to reasonable expenses as if the employee were being promoted Transitional provisions: Subject to where, at the commencement of this order, a union had been notified of a likely excess situation or discussions had commenced in accordance with clause 6 of the Australian Public Service Redeployment and Retirement (Redundancy) Award 1987 (the former RRR award), the provisions of that award will apply until the required discussions have been completed, when the provisions of this award will apply Where one month has elapsed since the union was notified of a likely excess staff situation in accordance with clause 6 of the former RRR award, and, in the opinion of the relevant chief executive the discussions have not proceeded with reasonable timeliness, the provisions of this award will apply Where at the commencement of this order an employee had been invited to volunteer for retrenchment or had been advised in writing that the employee was an excess employee in accordance with the provisions of clause 7 of the former RRR award: the provisions of clauses 7, 8 and 9 of the former RRR award continue to apply to the employee while the employee remains 13

14 an excess employee and the employee is not entitled to the benefits of 13.3 of this award; and where the employee has declined an offer of voluntary retrenchment and the relevant chief executive proposes to involuntarily retire the employee, the provisions of 7, 8 and 9 of the former RRR continue to apply and the employee is not entitled to the benefits of 13.3 of this award. PART 5 WAGES, ALLOWANCES AND RELATED MATTER 14. CLASSIFICATIONS AND WAGE RATES 14.1 An employee employed in a classification specified hereunder shall be paid the annual salary assigned to that classification in the following table: Classification Per annum $ A. REGISTERED NURSE Level 1 (including Registered Nurse Student) 1st year nd year rd year th year th year th year th year th year and thereafter Level 2 1st year nd year rd year th year and thereafter Level 3 1st year nd year rd year th year Level 4 Grade Grade Grade Level 5 Grade Grade Grade Grade Grade Grade

15 B. ENROLLED NURSE Pay point Y Pay point Y Pay point Y Pay point Y Pay point Y C. STUDENT ENROLLED NURSE Student Enrolled Nurse D. RED CROSS BLOOD BANK AIDE Red Cross Blood Bank Registered nurse level 4 and 5 gradings Registered nurse level 4 grading An employee employed in a registered nurse level 4 post specified hereunder will be assigned the grade specified for that post in the following table: No. Post Grade 1. The Canberra Hospital 1,2 2. Calvary Hospital A.C.T. Inc ACT Community Care Registered nurse level 5 grading An employee employed in a registered nurse level 5 post specified hereunder will be assigned the grade specified for that post in the following table: No. Post Grade 1. Calvary Hospital A.C.T. Inc ACT Community Care 5 4. Queen Elizabeth Hospital 1 5. The Canberra Hospital 3, Arbitrated safety net adjustments The rates of pay in this award include the arbitrated safety net adjustment payable under the Safety Net Review Wages decisions in Print R1999, Print S5000, PR002001, PR002002, PR002003, PR and PR This arbitrated safety net adjustment may 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 certified agreements, currently operating enterprise flexibility agreements, Australian Workplace Agreements, 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. 15

16 Increases made under previous National Wage Case principles or under the current Statement of Principles, excepting those resulting from enterprise agreements, are not to be used to offset arbitrated safety net adjustments. 15. SUPPORTED WAGE SYSTEM 15.1 This clause 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. In the context of this clause, the following definitions will apply: 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 Supported Wage System: Guidelines and Assessment Process Accredited 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 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 Assessment instrument means the form 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 Eligibility criteria Employees covered by this clause 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 This clause 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 current employment This clause does not apply to employers in respect of their facility, programme, undertaking service or the like which receives funding under the Disability Services Act 1986 and fulfils the dual role of service provider and sheltered employer to people with disabilities who are in receipt of or are eligible for 16

17 15.3 Supported wage rates a disability support pension, except with respect to an organisation which has received recognition under s.10 or under s.12a of the Disability Services Act 1986, or if a part only has received recognition, that part Employees to whom this clause applies shall be paid the applicable percentage of the minimum rate of pay prescribed by this award for the class of work which the person is performing according the following schedule: Assessed capacity (subclause 14.4) % of prescribed award rate 10%* 10% 20% 20% 30% 30% 40% 40% 50% 50% 60% 60% 70% 70% 80% 80% 90% 90% (Provided that the minimum amount payable shall be not less than $61 per week). * Where a person's assessed capacity is 10%, they shall receive a high degree of assistance and support Assessment of capacity For the purpose of establishing the percentage of the award rate to be paid to an employee under this award, the productive capacity of the employee will be assessed in accordance with the Supported Wage System and documented in an assessment instrument by either: (a) the employer and a union party to the award, in consultation with the employee or, if desired by any of these; 17

18 (b) the employer and an accredited Assessor from a panel agreed by the parties to the award and the employee Lodgement of assessment instrument All assessment instruments under the conditions of this clause, including the appropriate percentage of the award wage to be paid to the employee, shall be lodged by the employer with the Registrar of the Australian Industrial Relations Commission All assessment instruments shall be agreed and signed by the parties to the assessment, provided that where a union which is party to the award, is not a party to the assessment, it shall be referred by the Registrar to the union by certified mail and shall take effect unless an objection is notified to the Registrar within 10 working days Review of assessment The assessment of the applicable percentage should be subject to annual review or earlier on the basis of a reasonable request for such a review. The process of review shall be in accordance with the procedures for assessing capacity under the Supported Wage System Other terms and conditions of employment Where an assessment has been made, the applicable percentage shall apply to the wage rate only. Employees covered by the provisions of the clause will be entitled to the same terms and conditions of employment as all other workers covered by this award paid on a pro rata basis Workplace adjustment An employer wishing to employ a person under the provisions of this clause shall 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 Trial period 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 clause for a trial period not exceeding 12 weeks, except that in some cases additional work adjustment time (not exceeding 4 weeks) may be needed. 18

19 16. INCREMENTS During that trial period the assessment of capacity shall be undertaken and the proposed wage rate for a continuing employment relationship shall be determined The minimum amount payable to the employee during the trial period shall be no less than $61 per week Work trials should include induction or training as appropriate to the job being trialled Where the employer and employee wish to establish a continuing employment relationship following the completion of the trial period, a further contract of employment shall be entered into based on the outcome of assessment under subclause Registered nurses Progression for Registered Nurse classifications for which there is more than one wage point, shall, subject to , be by annual increments, having regard to the acquisition and utilisation of skills and knowledge through experience in his or her practice setting(s) over such period For an employee with broken service, advancement will occur when the employee has attained 12 months service within the preceding two years Enrolled nurses Enrolled nurse means an employee: (a) whose training or education is deemed satisfactory for the purposes of enrolment on a register or roll as a nurse other than as a registered nurse (as defined); and (b) who is subject to the regulations and/or bylaws of the Nurses Board of the Australian Capital Territory and who holds a current practising certificate as such Employee or employees includes, for the purposes of this clause, enrolled nurse In-service training means the formal and/or informal work related learning activities undertaken by an employee through opportunities provided by the employing agency, which contribute to an employee's professional development and efficiency by: 19

20 (a) the acquisition and updating of skills and knowledge beneficial to effective performance within a team; and/or (b) reducing the degree of direct supervision required by the employee; and/or (c) enhancing the breadth and/or depth of knowledge and skills required by an employee in a specific area and/or range of areas of nursing practice, as the case may be Supervision means the oversight, direction, instruction, guidance and/or support provided to an employee by the registered nurse/responsible for ensuring such an employee is not placed in situations where required to function beyond his or her preparation and competence. Specifically: (a) direct supervision mean the employee works side by side continuously with a registered nurse responsible for observing and directing his or her activities in circumstances where, in the judgment of the registered nurse, such an arrangement is warranted in the interests of safe and/or effective practice; (b) indirect supervision means such other supervision provided to an employee assuming responsibility for functions delegated by a registered nurse in circumstances where, in the judgment of the registered nurse accountable for such delegation, direct supervision of the employee is not required Pay point Y1 means the pay point to which an employee shall be appointed as an enrolled nurse, where the employee possesses and may be required to utilise a level of nursing skill and knowledge based on: (a) Training and experience The satisfactory completion of a hospital based course of training in nursing of not more than twelve months duration leading to enrolment as an enrolled nurse (as defined): and practical experience of up to but not more than twelve months in the provision of nursing care and/; or services, and, the undertaking of in-service training, subject to its provision by the employing agency, from time to time (b) Skill indicators The employee has: 20

21 limited or no practical experience of current situations; and limited discretionary judgement, not yet developed by practical experience Pay point Y2 means the pay point to which an employee shall be appointed or shall progress from pay point Y1, having been assessed as being competent at pay point Y1, where the employee possesses and may be required to utilise a level of nursing skill and knowledge based on: (a) Training and experience The satisfactory completion of a hospital based course of general training in nursing of more than 12 months duration and/or 500 or more hours theory content or a course accredited at advanced certificate level leading to enrolment as an enrolled nurse; or in addition to the experience, skill and knowledge requirement specified for pay point Y1 (as defined), not more than one further year of practical experience in the provision of nursing care and/or services; and The undertaking of in-service training, subject to its provision by the employing agency, from time to time (b) Skill indicators An employee is required to demonstrate some of the following in the performance of his or her work: A developing ability to recognise changes required in nursing activity and in consultation with the registered nurse, implement and record such changes, as necessary. Is able to relate theoretical concepts to practice. Requires assistance in complex situations and in determining priorities Pay point Y3 means the pay point to which an employee shall be appointed or progress from pay point Y2, having been assessed as being competent at pay point Y2, where the employee possesses and may be required to utilise a level of nursing skill and knowledge based on: (a) Training and experience In addition to the experience, skill and knowledge requirements specified for pay point Y2 (as defined), not 21

22 more than one further year of practical experience in the provision of nursing care and/or services; and The undertaking of in-service training, subject to its provision by the employing agency, from time to time (b) Skill indicators An employee is required to demonstrate some of the following in the performance of his or her work: An ability to organise, practice and complete nursing functions in stable situations with limited direct supervision. The use of observation and assessment skills to recognise and report deviations from stable conditions. Demonstrated flexibility in the capacity to undertake work across a broad range of nursing activity and/or competency in a specialised area of practice. Uses communication and interpersonal skills to assist in meeting psychosocial needs of individuals/groups Pay point Y4 means the pay point to which an enrolled nurse (as defined) shall be appointed or progress from pay point Y3, having been assessed as being competent at pay point Y3, where such an employee possesses and may be required to utilise a level of nursing skill and knowledge based on: (a) Training and experience In addition to the experience, skill and knowledge requirements specified for pay point Y3 (as defined), not more than one further year of practical experience in the provision of nursing care and/or services; and The undertaking of in-service training, subject to its provision by the employing agency, from time to time (b) Skill indicators An employee is required to demonstrate some of the following in the performance of his or her work: Demonstrable speed and flexibility in accurate decision making. Organises own workload and sets own priorities with minimal direct supervision. 22

23 Uses observation and assessment skills to recognise and report deviations from stable conditions across a broad range of patient and/or service needs. Uses communication and interpersonal skills to meet psychosocial needs of individuals/groups Pay point Y5 means the pay point to which an enrolled nurse (as defined) shall be appointed or shall progress from pay point Y4, having been assessed as being competent at pay point Y4, where such an employee possesses and may be required to utilise a level of nursing skill and knowledge acquired on the basis of: 16.3 Casual nurses (a) Training and experience In addition to the experience, skill and knowledge requirements specified for pay point Y4 (as defined), not more than one further year of practical experience in the provision of nursing care and/or services; and the undertaking of relevant in-service training, subject to its provision by the employing agency, from time to time (b) Skill indicators An employee is required to demonstrate all of the following in the performance of his or her work: Contributes information in assisting the registered nurse/s with development of nursing strategies/improvements within the employee's own practice setting and/or nursing team, as necessary. Responds to situations in less stable and/or changed circumstances resulting in positive outcomes, with minimal direct supervision. Demonstrates efficiency and sound judgements in identifying situations requiring assistance from a registered nurse Subject to 16.1 and 16.2, Casual employees may be granted incremental advancement in accordance with this clause provided that: (a) where the aggregate of employment over the respective twelve month service period is equivalent to 20 hours or more per week the employee shall be entitled to annual increments at the incremental hourly rate prescribed for the employee's classification. 23

24 17. ACCELERATED ADVANCEMENT (b) where the aggregate of employment over each respective 12 months service period is less than the equivalent of 20 hours per week the employee shall be entitled to incremental advancement on completion of 24 months service at the incremental hourly rate prescribed for the employee's classification Subject to subclause 16.1, a registered nurse level 1 will be entitled to progress one increment on that person's first appointment following registration with the State/Territory Nurses Registration Board, or at any time during that person's employment history as a registered nurse level 1, on attainment of the following: a Under Graduate 1 (UG1) degree in nursing; or registration in another branch of nursing or on another nursing register maintained by the Nurses Registration Board of the State or Territory, where the employee is working in a particular practice setting which requires the additional registration; or successful completion by an employee of a post registration course of at least twelve months duration, by an employee required to perform the duties of a position to which the course is directly relevant 17.2 A registered nurse level 1 who has been advanced once in accordance with subclause 17.1 is not be entitled to further advancement under this clause. 18. PROGRESSION AND ACCELERATED ADVANCEMENT - ENROLLED NURSES 18.1 Pay point progression Subject to the terms specified for each pay point as defined in clause 16.2 of this award and this clause, each enrolled nurse will progress on the employees annual anniversary date from one pay point to the next, having regard to the acquisition and utilisation of skills and knowledge through experience in the employees practice setting/s over such period Appeal and review An employee may appeal a deferral or refusal to advance to the next pay point. An appeal or review, for the purposes of this subclause, will be undertaken and resolved in accordance with clause 10 Dispute avoidance and settlement procedures Accelerated advancement Subject to paragraph of this subclause, an employee (other than an enrolled nurse appointed in her/his first year of 24

25 experience at pay point Y2 pursuant to paragraph of this award), will be entitled to accelerated advancement by one pay point: (a) for possession of a post enrolment qualification recognised by the employer; or (b) on completion of a post enrolment course of at least 6 months duration; (c) where such an employee is required to perform duties to which such training is directly relevant An employee who has advanced in accordance with subclause will not be entitled to further accelerated advancement pursuant to this subclause. 19. PAYMENT OF WAGES 19.1 The employer will pay all salary due to the employee on a fortnightly basis Payment for overtime worked, penalty rates incurred and other non-salary items applicable to the current fortnight may be paid not later than the pay day of the following fortnight. 20. TIME SHEETS All employees will be required to complete a time sheet or other attendance record as determined by the employer. 21. BOARD AND LODGINGS 21.1 Employees will pay the sum of $ per week being $59.90 per week for lodging and $ per week for meals An employee, who elects to be provided with lodging only or when the employer does not make available board and lodging the employee may purchase meals from the employer at sum of $3.98 for each main course meal and $1.00 for each other course The charges detailed in this clause will be adjusted in accordance with: the movement in the salary of a first year Registered Nurse Level 1 as prescribed in clause 13 of this award; for each percentage point movement, one percentage point movement will apply to board and lodgings, calculated to the nearest ten cents, further, that for meal charges, the movement will be calculated to the nearest one cent. 25

26 21.4 The adjustment prescribed in clause 21.3 may be effected prior to the issue of the necessary order adjusting the salary of Registered Nurse Level 1 prescribed in clause 13 of this award, but not prior to the relevant salary adjustment being effected Any adjustment made in accordance with this subclause will have the same date of effect as the relevant order effecting the salary adjustment for Registered Nurse Level 1 as prescribed in clause 14 of this award. 22. HIGHER DUTIES ALLOWANCE (HDA) 22.1 HDA is paid to an employee, who is directed, in writing, by the relevant Chief Executive under sections 100 of the Public Sector Management Act 1994, to perform the duties of an office higher than their normal office Conditions of the HD office Employees performing higher duties in an office are subject to all conditions of that office including hours of duty No payment for two higher offices An employee may only be paid in respect of one higher office even if they are performing the duties of two higher offices at the same time Minimum period for all other officers The minimum period for payment of HDA is a continuous period of at least half the ordinary hours of duty of the officer on the day (1/2 day is paid as a whole day) Periods when HDA is payable Recreation Leave If an officer is being paid HDA before going on paid leave and would have continued to receive HDA had they not taken leave, then the officer is entitled to payment of HDA during all or part of the leave Public holiday If an officer is being paid HDA on the working day before a public holiday and, but for the public holiday would have continued to be paid HDA, then the officer is entitled to payment of HDA for the public holiday, except where a public holiday would make five days as in Maternity leave An officer who is receiving HDA immediately before maternity leave, when it is certified that she would have continued to receive HDA had she not taken maternity leave, is entitled to payment of HDA during the maternity leave Rate payable 26