BOOT REVIEW - Health Professionals and Support Services Award 2010

Transcription

1 Enterprise Agreement Comparison Table The Table below identifies which terms and conditions in the EA are more or less beneficial than those in the Health Professionals and Support Services Award Expiry The Agreement has a nominal expiry date of 30 June Part-time Employees 10.3 provides for agreement in writing as to number of hours to be worked each week; days of the week to be worked and start and finish times. Agreement provides for guaranteed minimum number of hours and rostering arrangements that apply to those hours to be recorded in writing. More beneficial. EA provides for annual review and adjustment of part-time hours to reflect the hours regularly worked. 12.4(b) Casual Conversion More beneficial. EA provides for casual conversion to part-time after 26 weeks. Award does not Recognition of Service and Experience 12.8 Re-grading of employee classification 12.9 National Criminal History Check... (Required by Aged Care Legislation) More beneficial. EA provides for both yearly progression and mechanisms for the re-classification and backdating of entitlements based on prior service. More beneficial. Where the nature of the work undertaken by an employee changes, such that the majority of the work regularly performed is work of a type normally associated with a higher classification, the employee may apply to have their position reclassified to the higher classification. More beneficial. EA provides that employer will meet the cost of ongoing Police Record Checks. Page 1 of 7

2 14.1 Remuneration Packaging 15.1 Reasonable additional hours Fair Work Act allows for salary sacrifice 28.1(d) Part-time employees may be required to work overtime. Fair Work Act S.62 More beneficial. Employers covered by this EA are Public Benevolent Institutions and offer employees ability to sacrifice pre-tax salary towards fringe benefits up to a maximum of $15,900 per FBT year. This provides a significant benefit to employees. More beneficial. Part-time employees may be asked (but not required) to work reasonable additional hours - cannot be required to work overtime 15.3 Minimum Start No minimum start for Full Time or Part-time employees. 10.4(c) Casuals have 3 hour minimum Start More beneficial. Full-time - 4 hours; Part-time 3 hours Less beneficial Casual 2 hours 15.4 Allocated days off No ADO entitlement More beneficial. Entitlement to ADO arrangement for Full-time employees. Maximum of 5 days accumulation under EA; however by agreement no restriction on when employee can take ADO. May cash out accumulated days by agreement Breaks Tea breaks (paid break): 10 minute break for every 4 hours worked. 8 hours or more is 2 X 10 minute break. More beneficial. Agreement provides for 2 x 10 minute breaks when doing shifts of 7.6 hours or more under Award only entitled to one Break between Shifts No required break between rostered shifts except for 10 hour break where overtime is worked More beneficial. 8 hours break: (i) between ordinary rostered shifts, which are not broken shifts; and/or (ii) where reasonable additional hours are worked which are not overtime hours; and 10 hours where overtime is worked Page 2 of 7

3 18.4 Recall to work Overtime 28.4(e) Minimum 2 hours payment and no travel payment for use of own vehicle More beneficial. Minimum 4 hours payment and where employees are recalled to work overtime and elects to use own vehicle an allowance of 35c/km will be paid Saturday and Sunday work % loading for Sunday work More beneficial. 175% loading for Sunday work 20.5 Public Holidays NES provides for 10 days and additional days where granted in State or territory. More beneficial. EA provides for 11 public holidays and additional days. The EA guarantees an additional day in all localities where a full day local holiday is not declared Public Holiday election More beneficial. A full-time or Part-time employee may elect to take part payment and an amount of additional leave Allowances Vehicle/Travelling Allowance Travelling, transport and fares More beneficial. EA provides for an allowance of 34c per km in situations not included in the Award: Where employee recalled to work overtime Where employee recalled to work and elects to use own vehicle Where employee uses own vehicle to attend training Uniform Allowance 18.3 Clothing and equipment Uniform Allowance $6.24 per week More beneficial. EA provides for $6.60 per week and provides for the following allowances where the items are required but not provided: Shoes: $2.05 per week Cardigan or Jacket: $1.96 per week Stockings: $3.27 per week Socks: $0.65c per week 21.5(a) On-Call Allowance. More beneficial. On Call allowance payable of $19.76 per day. 21.5(b) On-Call during meal break No allowance payable where an employee is required to remain available during a meal break. More beneficial. On Call allowance payable of $10.69 per period irrespective of whether the employee is required to work or not. Page 3 of 7

4 21.6 Meal Allowance 15.4 Meal Allowance - Employee required to work more than one hour of overtime, must be supplied with a meal or paid $11.96 meal allowance. If overtime work exceeds four hours a further meal allowance of $10.77 will be paid 21.8 Higher Duties 30.2 Higher duties are only paid for therapists when the higher duties are undertaken for 5 consecutive working days or more More beneficial rates but less beneficial application. Employee required to work more than two hours overtime, must be supplied with a meal or paid one of the following allowances: Breakfast: $12.52 per meal; Lunch: $16.20 per meal; Evening meal: $23.64 More beneficial. EA pays at the higher rate for time spent working in the higher duty Cashing Out of Annual 22.6 Annual Loading 31 Annual - More beneficial. Employees have the flexibility to cash out Annual provided they leave 4 weeks in reserve Non shift worker gets 17.5% loading. More beneficial. Agreement entitles any employee to the higher of 17.5% loading or the shift and weekend penalties that would otherwise have been payable during a period of Annual even where the employee is not a shift worker Purchased Additional More beneficial. Employees have the flexibility to purchase up to one week s additional Annual each year Cashing Out - Personal/Carer s 24.3 Jury Service NES provides that where a particular jury service summons exceeds more than 10 days in total the employer is only required to pay the employee for 25.2 Paid Parental the first 10 days of absence. NES provides for unpaid parental leave. More beneficial. By agreement, employees can cash out personal leave. Employees better off. Where Jury Service exceeds 10 days, employer to assist where practical to maintain employee income. More Beneficial. 9 weeks paid maternity leave. 1 week paid partner leave. 9 weeks paid adoption leave. Page 4 of 7

5 26 Long Service Long Service Act 1955 (NSW) provides for 2 months for first 10 years; additional 1 month for each subsequent 5 years (i.e. 4 months at 20 years). Employees better off in terms of accruals of leave and prorate payment upon resignation and termination. Agreement provides 2 months for first 10 years; 5 months for each subsequent 10 years (i.e. 7 months at 20 years). 27 Repatriation More Beneficial. Up to 6.5 days per year paid absence from work for war-caused disability treatment. 28 without pay More beneficial. By agreement an employee may be granted a period of leave without pay which will not break the continuity of service. 30 Natural disaster 31.4 The Consultative Team 33 Disciplinary matters 36 Workload Management No Applicable More beneficial. 1 day paid leave once per calendar year where due to natural disaster ie flood bushfire an employee can t work. More beneficial. Employer must facilitate the establishment of consultative teams in workplaces with greater than 80 beds (where a majority of employees vote to support) to discuss issues in or in connection with Clause 31.1 Consultation; Clause 36 - Workload Management; + other agreed issues. More beneficial. Guarantees procedural fairness and natural justice when dealing with disciplinary outcomes including termination paid ordinary pay for attending such meetings. More beneficial. EA acknowledges a shared responsibility to maintain balanced workload and recognises the adverse effects that excessive workloads may have on employees and residents and must be a standing agenda item at staff meetings on a quarterly basis. Page 5 of 7

6 39 Training More beneficial. EA provides an incentive for employers to provide ongoing training at employer s expense and for employees to receive remuneration for undertaking training outside of normal work hours. The employer will facilitate access to the appropriate resources to undertake the training and the skills necessary to utilise those resources. 44 Union Delegates More beneficial. Provides formal recognition of I delegate from each union and management support of a procedure to facilitate delegates time off for training and attendance at Union Conference. Schedule A Employment Classifications Compliant with Award. Agreement utilises classifications from the Award and with due regard for the classification translation of Diversional Therapists from the NAPSA. More beneficial. Agreements base hourly rates are higher than Award rates. The Agreement recognises that Health Professional Level 4 s will not be employed by Aged Care facilities generally given their highly expert and specialised skills base. Schedule B Pay, Other Rates and Allowances Minimum weekly rates. More beneficial. EA rates and allowances are more beneficial than Award rates and Award prescribed allowances. All wage rates provide for minimum wage increase, for organisations on a previous EA, of at least 3% (1 st yr), 3% (2 nd yr) and 3% (3 rd yr). LESS BENEFICIAL PROVISIONS 15.5 Broken shifts. Less beneficial. All employees can work broken shifts. Agreement provides for a Broken Shift Allowance of half an hour ordinary pay per shift and penalties determined by the start of the shift. 18.6(a) Time off in Lieu 28.3 TOIL may be taken at any time by agreement Less beneficial. Must be taken within 4 months. Page 6 of 7

7 19.1 Shift penalties % loading when a shift finishes between 6.00 pm and 8.00 am or commences between 6.00 pm and 6.00 am Less beneficial. EA provides for the following shift penalties where shift extends beyond 7pm: Start after 10:30am 1:00 pm 10%. Start after 1 pm 4 pm 12.5% Start after 4pm 4am 15% Start after 4am 6am 10% Therapists predominately work as day workers and therefore are rarely entitled to shift penalties 20.8 Employee absent from day before or day after Public Holiday 32 - Public Holidays No applicable provision Less beneficial. An employee who without the consent of the employer or without reasonable cause such as personal/carers leave, is absent from the last rostered shift before or the first rostered shift after a public holiday will be paid ordinary pay for work on such public holiday Sleepover Allowance. Less beneficial. Where employees perform sleepovers the EA provides for: full board and lodging; an allowance equivalent to 2.2 hours of ordinary pay; and penalties if work is performed. Therapists are rarely, if ever, asked to perform sleepovers 22.4(d) Extensive accumulated Annual 31 Less beneficial. An employee may be directed to take if they have more than 8 weeks accumulated and leave 2 weeks in credit. 38 Attendance at meetings No direct comparison - Would be entitled to be paid for actual hours in attendance at meetings under the Award and any applicable loading dependent upon the time of the meeting Less beneficial. Where possible the meeting will be held during normal work time if not possible ordinary time paid for the time in attendance at the meeting Page 7 of 7