McLaren Vale and Districts War Memorial Hospital Nursing Staff and ANMF
Mclaren Vale and Districts War Memorial Hospital Nursing Staff and ANMF 1. Arrangement By topic, the Agreement is arranged as follows: Index to this Agreement 1. Arrangement... 1 2. Application and Operation of Agreement... 3 2.1. Title... 3 2.2. Parties Covered... 3 2.3. Date and Period of Operation... 3 2.4. Individual Flexibility Term... 3 2.5. No Extra Claims... 4 2.6. Definitions... 4 2.7. Objectives... 6 2.8. Continuous Service... 6 2.9. Renegotiation of Agreement... 7 2.10. Exhibition of Agreement... 8 3. Consultation and Dispute Settlement Procedures... 8 3.1. Consultation and Communication... 8 3.2. Dispute Settlement Procedure... 10 3.3. Right of Entry... 11 3.4. Recognition of Worksite Representatives... 11 3.5. Employee Representation... 11 3.6. Trade Union Training Leave... 12 4. Employment Relationship... 12 4.1. Contract of Hiring... 12 4.2. Casual Employees... 13 4.3. Part-Time Employees... 13 4.4. Additional Part Time and Casual Employee Provisions... 14 4.5. Employees Applying for Shifts... 14 4.6. Performance of Range of Duties and Skills Multi-Skilling... 14 4.7. Termination of Employment... 15 4.8. Redundancy (Severance)... 16 4.9. Transfer of business (Termination)... 19 4.10. Transfer of business (Redundancy)... 19 1
5. Rates of Pay and Related Matters... 20 5.1. Classification Criteria... 20 5.2. Career Structure... 20 5.3. Salaries Progression and Advancement... 20 5.4. Allowances... 23 5.5. Registered Nurses Responsibility Allowance... 25 5.6. Qualifications Allowance - Registered Nurses... 25 5.7. Payment of Salaries... 26 5.8. Wages... 27 5.9. Superannuation... 27 5.10. Salary Packaging... 27 6. Hours of Work, Shift Work, Meal Breaks and Overtime... 28 6.1. Ordinary Hours of Work... 28 6.2. Shift Work... 31 6.3. Overtime... 32 6.4. Meal Breaks... 34 7. Types of Leave and Public Holidays... 35 7.1. Annual Leave... 35 7.2. Personal (Sick/Carer s) Leave... 37 7.3. Compassionate Leave... 40 7.4. Other Leave... 41 7.5. Parental Leave... 41 7.6. Public Holidays... 42 8. Safety, Staffing and Development... 43 8.1. Work Health and Safety... 43 8.2. Training... 44 8.3. Multi-Skilling... 45 9. Signatories... 46 Appendix A1 RN and EN Wages... 47 Appendix A2 Classification Structure... 49 Appendix A3 Allowances... 54 2
Mclaren Vale and Districts War Memorial Hospital Nursing Staff and ANMF 2. Application and Operation of Agreement 2.1. Title This Enterprise Agreement shall be known as McLaren Vale and Districts War Memorial Hospital Nursing Staff and ANMF. 2.2. Parties Covered This Agreement shall apply to the employment by the employer of all employees, who if not for the operation of the Agreement would be covered by the Nurses Award 2010. For the purposes of clarity this includes Registered Nurses (RNs) and Enrolled Nurses (ENs), This Agreement shall cover: a) The McLaren Vale and Districts War Memorial Hospital, and b) The Enrolled Nurses and Registered Nurses Levels 1 and 2 employed at the McLaren Vale and Districts War Memorial Hospital whether a member of an Association or not. c) The Australian Nursing & Midwifery Federation South Australian Branch ANMF 2.3. Date and Period of Operation This Agreement will commence seven days after the date of approval by the Fair Work Commission and will have a nominal expiry date of 30 June 2018 or until terminated in accordance with the Fair Work Act 2009. 2.4. Individual Flexibility Term 2.4.1 The employer and an employee covered by this enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement if the agreement deals with one or more of the following matters: a) arrangements about when work is performed; b) overtime rates; c) penalty rates; d) allowances; and e) leave loading. 2.4.2 The arrangement meets the genuine needs of the employer and employee in relation to one or more of the matters mentioned above. 2.4.3 The arrangement is genuinely agreed to by the employer and employee. 2.4.4 The employer must ensure that the terms of the individual flexibility arrangement: a) are about permitted matters under section 172 of the Fair Work Act 2009; and b) are not unlawful terms under section 194 of the Fair Work Act 2009; and 3
c) result in the employee being better off overall than the employee would be if no arrangement was made. 2.4.5 The employer must ensure that the individual flexibility arrangement: a) is in writing; and b) includes the name of the employer and employee; and c) is signed by the employer and employee and if the employee is under 18 years of age, signed by a parent or guardian of the employee; and includes details of: i) the terms of the enterprise agreement that will be varied by the arrangement; ii) how the arrangement will vary the effect of the terms; iii) how the employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and iv) states the day on which the arrangement commences. 2.4.6 The employer must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 2.4.7 The employer or employee may terminate the individual flexibility arrangement: 2.5. No Extra Claims a) by giving no more than 28 days written notice to the other party to the arrangement; or b) if the employer and employee agree in writing at any time. The parties undertake that, except as provided under the terms of this Agreement, no further wage increases or variation of conditions will be sought before the nominal expiry date. 2.6. Definitions 2.6.1 The Act means the Fair Work Act 2009. 2.6.2 Association means the Australian Nursing & Midwifery Federation South Australian Branch (ANMF), an organisation registered pursuant to the Act. 2.6.3 Basic Periodic rate of pay means a rate of pay for a period worked (described in this agreement as the employee s base rate of pay provided at Appendix 1) that does not include incentive-based payments and bonuses, loadings, monetary allowances, penalty rates or any other similar separately identifiable entitlements. 2.6.4 Employees means all Nurses whose employment is subject to this Agreement. 2.6.5 Employer means the McLaren Vale and Districts War Memorial Hospital. 4
2.6.6 Employment categories: a) A full-time employee is an employee who works an average of 37.5 hours per week. b) A regular part-time employee is an employee who works a regular pattern of hours which is less than 37.5 hours per week. Before commencing part-time employment, the employee and the employer will agree upon the hours to be worked by the employee and the rostering arrangements, which will apply to those hours. c) A casual employee is an employee who is not a full-time or regular part-time employee and who is engaged and paid as such. A casual employee who works regular shifts may if they choose to do so retain their status as a casual employee. This clause does not intend to operate at the expense of staff who wish to transition to permanent part time status. d) Replacement employee means one engaged on a written appointment for a specific period of time to replace a designated person. e) Enrolled nurse (EN) means an employee whose training or education is deemed satisfactory for the purposes of enrolment on a register or roll as a nurse other than as a RN or midwife, as regulated by the Nursing and Midwifery Board of Australia and holds a current practising certificate. f) Registered nurse (RN) means an employee registered by the Nursing and Midwifery Board of Australia as a Registered general nurse and who holds a current practising certificate. 2.6.7 FWC means the Fair Work Commission. 2.6.8 Grossed up means as identified by the Australian Tax Office Rulings in relation to Fringe Benefits Tax Legislation and Salary Sacrifice Arrangements. 2.6.9 Health unit includes a hospital, rest home, nursing home, hostel for the aged and day care centre or convalescent home and organisations providing health services in non-inpatient or domiciliary settings. 2.6.10 Mutual agreement means agreement between the employer and an employee as allowed for in this agreement. 2.6.11 Nursing agency or bureau means a service providing relieving staff to hospitals and health centres at a fee. 2.6.12 Nursing care means activities undertaken by a nurse in order to: a) assess the nursing needs of the individual patient/client, the family or community group; b) develop a nursing care plan in association with the patient/client and/or their family and with other appropriate health professionals; c) implement nursing care plans; 5
d) evaluate the effectiveness of the care provided in terms of the outcomes of the nursing intervention; e) appropriately revise the plan of care. 2.6.13 Regulations mean the Fair Work Regulations 2009 as permitted under the Fair Work Act 2009. 2.6.14 Rostered day off means the normal unpaid days off duty provided for in accordance with a roster. 2.6.15 Union means the Australian Nursing & Midwifery Federation South Australian Branch ANMF, an organisation of employees registered pursuant to the Act. 2.6.16 Enterprise Agreement means the McLaren Vale and Districts War Memorial Hospital Nursing Staff and ANMF. 2.7. Objectives 2.7.1 Commitment to quality The McLaren Vale and Districts War Memorial Hospital and its staff are committed to the highest quality of service. Service delivery is constantly reviewed to achieve best practice, in provision of service to clients. 2.7.2 The Agreement will enable the parties to develop and implement strategies that are designed to recognise and achieve productivity at the workplace, without impairing quality of service, to further improve productivity and enhance job satisfaction, security and remuneration. 2.7.3 The purpose of the Agreement is to achieve a stable Industrial Relations framework at the enterprise level in order to assist McLaren Vale and Districts War Memorial Hospital to improve its efficiency, quality of service and business performance. 2.7.4 The Agreement seeks to create an environment whereby McLaren Vale and Districts War Memorial Hospital can be encouraged to further invest back into its future growth and development, which is a critical factor for the medium to long term viability of McLaren Vale and Districts War Memorial Hospital. 2.7.5 The Agreement aims at continually improving communication and cooperation at the workplace level between management and staff. The Agreement recognises the important contribution of staff members to ensuring the Hospital s future. 2.7.6 The Agreement commits the enterprise and its workforce to achieve best practice standards in all aspects of the operation of the business. 2.8. Continuous Service 2.8.1 Maintenance of continuous service Except as otherwise indicated, service is deemed to be continuous despite: a) Absence of the employee from work in accordance with the employee s contract of employment or any provision of this Agreement; b) Absence of the employee from work for any cause by leave of the employer; 6
c) Absence from work on account of illness, disease or injury; d) Absence with reasonable cause. Proof of such reasonable cause lies with the employee; e) Interruption or termination of the employee s service by an act or omission of the employer with the intention of avoiding any obligation imposed by this Agreement the Act or the Long Service Leave Act 1987; f) Interruption or termination of the employee s service arising directly or indirectly from an industrial dispute if the employee returns to the service of the employer in consequence of the settlement of the dispute or was reemployed by the employer upon such settlement; g) Transfer of the employment of an employee from the employer to a second employer where the second employer is the successor or assignee or transmittee of the first employer s business. In this case, service with the first employer is deemed to be service with the second employer; h) Interruption or termination of the employee s service by the employer for any reason other than those referred to in this clause if the worker returns to the service of the employer within two months of the date on which the service was interrupted or terminated; i) Any other absence from work for any reason other than those referred to in this clause unless written notice is given by the employer that the absence from work is to be taken as breaking the employee s continuity of service. Such notice must be given during the period of absence or not later than fourteen days after the end of the period of absence. 2.8.2 Calculation of period of service Where an employee s continuity of service is preserved under this clause, the period of absence from work is not to be taken into account in calculating the period of the employee s service with the employer except to the extent that the employee receives or is entitled to receive pay for the period. 2.8.3 Service with two or more corporations Where an employee has been employed by two or more corporations that are associated corporations, or by two or more corporations that are related bodies corporate within the meaning of Section 50 of the Corporations Act 2001, the service of the employee with each such Corporation will be included in the calculation of the employee s continuous service for the purposes of determining the employee s entitlements pursuant to clauses 4.7 Termination of employment, 4.8 Redundancy (Severance). 2.9. Renegotiation of Agreement The parties to this Agreement agree that negotiations for a new Agreement should commence no later than 1 January 2018. If Agreement is not reached on a renegotiated Agreement at the expiration of this Agreement, the Agreement will continue in force until superseded or rescinded. 7
2.10. Exhibition of Agreement McLaren Vale and Districts War Memorial Hospital will display a copy of this Agreement in a conspicuous place accessible to all employees. 3. Consultation and Dispute Settlement Procedures 3.1. Consultation and Communication 3.1.1 General (a) This clause applies if the Employer: (i) (ii) has made a definite decision to introduce a major change to production, program, organisation, structure or technology in relation to its enterprise that is likely to have a significant effect on the Employees; or proposes to introduce a change to the regular roster or ordinary hours of work of Employees. (b) (c) (d) The relevant Employees may appoint a representative for the purposes of the procedures in this clause. Once an Employee has advised the Employer of the identity of their appointed representative, the Employer must recognise the representative for the purposes of consultation under this clause. In this clause relevant Employees means the Employees who may be affected by a change referred to in subclause 1.10.1(a). 3.1.2 Major Change (a) (b) The Employer must notify the potentially affected Employees and their representatives (if any) of the decision to introduce the major change. As soon as practicable after making its decision, the Employer will discuss with the relevant Employees and their nominated representatives: (i) (ii) (iii) the introduction of the change; the effect the change is likely to have on the Employees; and measures the Employer is taking to mitigate the adverse effect of the change on the Employees. (c) For the purposes of the discussion, the Employer will provide, in writing, to all relevant Employees: (i) all relevant information about the change including the nature of the change proposed; 8
(ii) (iii) information about the expected effects of the change on the Employees; and any other matters likely to affect the Employees. (d) (e) (f) The Employer is not required to disclose any confidential or commercially sensitive information to the Employees. The Employer will give prompt and genuine consideration to matters that are raised by Employees and/or their representatives in response to the change. The Employer shall formally respond to such matters and where practicable it will do so in writing. For the purpose of this Agreement, a major change is likely to have a significant effect on Employees if it results in: (i) (ii) (iii) (iv) (v) (vi) the termination of the employment of Employees; major change to the composition, operation or size of the Employer s workforce or to the skills required of the Employees; the elimination of diminution of job opportunities (including opportunities for promotion or tenure); the alteration of hours of work; the need to retrain Employees; the need to relocate Employees to another workplace; or (vii) the restructuring of jobs. (g) If a term in this Agreement provides for a major change to production, program, organisation, structure or technology in relation to the enterprise of the Employer, the requirements set out in clause 1.10.1(b) and at subclauses 1.10.2(a) to 1.10.2(c) are taken not to apply. 3.1.3 Change to Regular Roster or Ordinary Hours of Work (a) As soon as practicable after proposing to introduce the change, the Employer must: (i) (ii) discuss with the relevant Employees the introduction of the change; and for the purposes of the discussion provide to the relevant Employees: (A) (B) all relevant information about the change, including the nature of the change; and information about what the Employer reasonably believes will be the effects of the change on the Employees; and 9
(C) information about any other matters that the Employer reasonably believes are likely to affect the Employees; and (iii) invite the relevant Employees to give their views about the impact of the change (including any impact in relation to their family or caring responsibilities). (b) (c) (d) The Employer is not required to disclose confidential or commercially sensitive information to the relevant Employees. The Employer must give prompt and genuine consideration to matters raised about the change by the relevant Employees and/or their representatives. The Employer shall formally respond to such matters and where practicable it will do so in writing. For the purpose of this clause, regular means the normal day(s) and shifts that the Employee has been working up until the point of the proposed change. Consultation is not required under this clause in respect to roster changes that have been part of the Employee s normal pattern of work days and shifts. 3.2. Dispute Settlement Procedure In relation to any matter covered under this Agreement or under the National Employment Standards (NES) that may be in dispute between the parties to this agreement, the parties: 3.2.1 will attempt to resolve the matter at the workplace level if possible; 3.2.2 acknowledge the right of either party to appoint, in writing, another person to act on behalf of the party in relation to resolving the matter at the workplace level; 3.2.3 agree to allow either party to refer the matter to the Fair Work Commission for mediation as agreed by mutual consent between the parties to the dispute; 3.2.4 agree that if either party refers the matter to mediation, both parties will participate in the mediation process in good faith; 3.2.5 acknowledge the right of either party to appoint, in writing, another person to act on behalf of the party in relation to the mediation process; 3.2.6 agree that during the time when the parties attempt to resolve the matter: a) the parties continue to work in accordance with this Agreement unless the employee has a reasonable concern about an imminent risk to his or her health or safety; and b) subject to the relevant provisions of any State occupational health and safety law, even if the employee has a reasonable concern about an imminent risk to his or her safety, the employee must not unreasonably fail to comply with a direction by his or her employer to perform other available work, whether at the same workplace or another workplace, that is safe and appropriate for the employee to perform; and 10
c) the parties must cooperate to ensure that the dispute resolution procedures are carried out as quickly as is reasonably possible. 3.2.7 If the Fair Work Commission is unable to resolve the dispute through mediation, the Fair Work Commission may then: a) arbitrate the dispute; and b) make a determination that is binding on the parties. 3.2.8 A decision that the Fair Work Commission makes when arbitrating a dispute is a decision for the purpose of the Fair Work Act 2009. Therefore an appeal may be made against the decision 3.3. Right of Entry 3.3.1 Right of Entry provisions shall be in accordance with Part 3-4 of the Act. 3.4. Recognition of Worksite Representatives 3.4.1 An employee elected as an ANMF Worksite Representative will, upon notification to the employer, be recognised as an accredited representative of the Union. An accredited Worksite Representative is allowed reasonable time during working hours to interview and/or meet with the employer or the employers representative on industrial matters affecting employees whom they represent. 3.4.2 Subject to the prior approval of the employer, a worksite representative shall be allowed at a place designated by the employer a reasonable period of time during working hours to interview a duly accredited official from the Australian Nursing & Midwifery Federation South Australian Branch - ANMF, in accord with the provision of Clause 3.3 Right of Entry. 3.5. Employee Representation 3.5.1 Each employee shall be accorded by the employer with a right to the representation of their choice in the event of performance and disciplinary procedures, resolution of workplace disputes and grievances and under the dispute settlement procedure referred to in clause 3.2. 3.5.2 The employer will for the purposes of this clause recognise as an ANMF representative each employee notified in writing to it by the ANMF as an accredited work site representative but representation by the ANMF on behalf of a relevant employee is not limited to representation by an accredited worksite representative. 3.5.3 The employer will make provision for accredited worksite representatives to devote reasonable working time to: a) involvement in the representation at the workplace level of relevant employees in respect of performance and disciplinary procedures, workplace disputes and grievances; and b) participation in external dispute settlement procedures on behalf of relevant employees. 11
3.5.4 For the purpose of this clause "relevant employees" means those employees who have chosen the ANMF or an accredited worksite representative to represent them. 3.6. Trade Union Training Leave 3.6.1 Five full days per year shall be allowed for an employee who is a member of the Australian Nursing & Midwifery Federation South Australian Branch and elected as a Worksite Representative to attend Trade Union Training. A minimum of fourteen (14) days notice will be given to the employer. 3.6.2 All applications for leave must be made in writing detailing: - the name of the employee seeking leave - period of time for which leave is sought - title and description - the place or places where the said course will be held. 3.6.3 Should a programmed day off fall during an employee s attendance at a course, a day off in lieu of that day will be granted. 3.6.4 Leave of Absence granted pursuant to this clause, shall count as service for all purposes of this Agreement. 3.6.5 Each employee on leave approved in accordance with this clause, shall be paid the rate they would otherwise have received in attendance at work. 3.6.6 All expenses (such as travel, accommodation and meals) associated with or incurred by the employee attending a training course as provided in this clause shall be the responsibility of the employee or the Union. 3.6.7 An employee may be required to satisfy the employer of attendance at the course to qualify for payment of leave. 3.6.8 In the event of a disagreement arising from the outcome of this clause, the matter may be settled using the Dispute Settlement Procedures of the Agreement. 4. Employment Relationship 4.1. Contract of Hiring 4.1.1 The contract of hiring of every employee (other than casual employees) will, in the absence of a written contract to the contrary, be hiring by the fortnight. 4.1.2 Employment will be terminated in accordance with the notice provisions of clauses 4.7 Termination of employment and 4.8 Redundancy (Severance). Notice may be given at any time provided that the termination of the employment takes effect at the end of a day s work or by the payment or forfeiture (as the case may be), of the salaries appropriate to the said notice period. The period of notice in this clause shall not apply in the case of dismissal for conduct that justifies instant dismissal. 12
4.1.3 An employee who is justifiably dismissed for any reason is entitled to payment for work in that fortnight only for the time actually worked. 4.2. Casual Employees 4.2.1 A casual employee will be paid the hourly rate as defined for the work performed plus a 25% casual loading for ordinary working hours. 4.2.2 A casual employee will be paid for a minimum of two (2) hours per engagement 4.2.3 Casual employees are not entitled to annual leave, personal (sick/carer s) leave or payment for public holidays not worked. 4.2.4 Casual employees will not, unless temporarily replacing a full-time employee, work more than 75 hours in any one fortnight. 4.2.5 Caring responsibilities a) Subject to the evidentiary and notice requirements in 7.2.6(a) and 7.2.6(b) casual employees are entitled to not be available to attend work; or to leave work: i) if they need to care for members of their immediate family or household who are sick and require care and support, or who require care due to an unexpected emergency, or the birth of a child; or ii) upon the death in Australia of an immediate family or household member. b) The employer and the employee will agree on the period for which the employee will be entitled to not be available to attend work. In the absence of agreement, the employee is entitled to not be available to attend work for up to 48 hours (i.e. two days) per occasion. The casual employee is not entitled to any payment for the period of non-attendance. 4.3. Part-Time Employees 4.3.1 Part-time employees are those employees who work less than the full-time hours of 75 per fortnight and whose hours of work are reasonably predictable. 4.3.2 Before commencing part-time employment, the employer and employee will agree in writing the guaranteed minimum number of hours to be worked and the rostering arrangements which will apply to those hours. 4.3.3 The terms of the agreement may be varied by agreement and recorded in writing. 4.3.4 Payment a) For ordinary working hours a regular part-time employee will be paid the hourly rate defined for the work performed, and be entitled on a pro rata basis to annual leave, personal leave and public holidays; 4.3.5 Overtime a) Overtime will be paid in accordance with clause 6.3. 13
b) In the accumulation of pro rata entitlements under this Agreement all authorised time worked in excess of rostered hours but within ordinary hours of work will receive credit for those hours. 4.4. Additional Part Time and Casual Employee Provisions 4.4.1 It is agreed that the permanent workforce should be kept at the maximum level possible given the variable patient activity and occupancy levels. The Hospital therefore agrees to maintain the permanent workforce for the life of this agreement at least at the level required for the minimum projected patient demand. 4.4.2 The Hospital will not be required to make a Casual Employee permanent during the life of this Agreement where doing so would require the Hospital to employ either permanent part-time or full-time staff at a level higher than required for the minimum projected patient demand. 4.4.3 The parties agree to explore ways of making more attractive part-time work rather than encourage casual employment where the work will be ongoing in nature. 4.4.4 In this context, it is agreed that where an employee who is regularly rostered, and would otherwise be regarded as a Part-time Employee, such employee may request and the employer may agree, that they remain classified as a casual employee. 4.4.5 A casual employee shall receive a casual loading in addition to the Ordinary Rate of pay but will not accrue entitlements to Annual Leave, Personal Leave or paid Maternity Leave nor will they have any entitlement to notice of termination, redundancy Provisions or any other entitlements normally afforded to full time or part time employees. 4.4.6 A regular Part-time Employee who works additional hours will be paid at ordinary rates up to 75 hours per fortnight (14 calendar days) or 7.5 hours per day. Hours worked in excess of 75 hours per fortnight (14 calendar days) or 7.5 hours per day will be granted as time off-in-lieu at the appropriate penalty rate or will be paid overtime in accordance with Clause 6.3. 4.5. Employees Applying for Shifts 4.5.1 Where relief shifts become available due to leave (e.g. annual, sick long service or maternity), existing permanent part time employees will be given the opportunity to apply for those shifts before the shift is offered to a new permanent part-time employee or a casual employee. To avoid doubt, this clause is designed to mitigate the loss of employees who reduced their contracted hours to accommodate a shift restructure in December 2012. 4.6. Performance of Range of Duties and Skills Multi-Skilling 4.6.1 The employee will, at the direction of the employer carry out such duties as are within the limits of the employee s skills, experience, training and classification provided that such duties are not designed to promote deskilling; and 4.6.2 The employer may direct the employee to carry out such duties and use such equipment as may be required provided that the employee has been properly trained in the use of such equipment. 14
4.6.3 Where the employee is required to work in a new area and/or with unfamiliar equipment and the employer is made aware by the employee of their lack of experience or expertise in the area, the employer will have regard to the employee s advice and provide appropriate orientation and training. 4.6.4 Where the employer directs the employee to carry out duties in another area within the same work site, if that is the case, the employee must advise the employer of their lack of experience or expertise in that area and the employer will have regard to the employee s advice. This may involve the employee undertaking a combination of nursing, and clerical functions pertaining to nursing duties as prescribed in the relevant classification criteria. 4.7. Termination of Employment 4.7.1 Notice of termination by employer In order to terminate the employment of an employee, the employer will give the employee the following notice: a) Employees are entitled to: Period of continuous service Not more than 1 year More than 1year but not more than 3 years Period of notice 1 week 2 weeks More than 3 years but not more than 5 years 3 weeks More than 5 years 4 weeks b) In addition to the notice in 4.7.1, employees over 45 years of age at the time of the giving of notice with not less than two years continuous service are entitled to additional notice of one week. c) Payment at the ordinary rate of pay in lieu of the notice prescribed in 4.7.1(a) will be made if the appropriate notice period is not given. Employment may be terminated by part of the period of notice specified and part payment in lieu. d) In calculating any payment in lieu of notice the employer will pay the wages the employee would have received in respect of the ordinary time the employee would have worked during the period of notice had the employee s employment not been terminated. e) The period of notice in this clause does not apply in the case of: i) dismissal for conduct that at common law justifies instant dismissal; ii) casual employees; iii) employees engaged for a specific period of time for a specific task or tasks. 4.7.2 Time off during notice period 15
Where the employer has given notice of termination to an employee, the employee is entitled to up to one day s time off without loss of pay for the purpose of seeking other employment. The time off is to be taken at times that are convenient to the employee after consultation with the employer. 4.7.3 Payment in lieu If the employer makes payment in lieu for all or any of the period of notice prescribed, the period for which such payment is made must be treated as service with the employer for the purposes of computing any service related entitlement of the employee. 4.7.4 Notice of termination by employee In order to terminate employment, an employee must give the employer two weeks notice. 4.8. Redundancy (Severance) 4.8.1 Definition Redundancy in this clause means the loss of employment due to the employer no longer requiring the job the employee has been doing to be performed by anyone, and redundant has a corresponding meaning. 4.8.2 Exclusions a) This clause does not apply to employees with less than one year s continuous service. The general obligation of the employer will be no more than to give such employees and their chosen representatives, including the union, an indication of the impending redundancy at the first reasonable opportunity, and to take such steps as must be reasonable to facilitate the obtaining by such employees of suitable alternative employment. b) This clause does not apply where employment is terminated as a consequence of conduct that at common law justifies instant dismissal or in the case of casual employees or employees engaged for a specific period of time or for a specified task or tasks. 4.8.3 Period of notice of termination on redundancy a) If the services of an employee are to be terminated due to redundancy the employee will be given notice of termination as prescribed by clause 4.8 Termination of employment. b) Employees to whom notification of termination of service is to be given on account of the introduction or proposed introduction by the employer of automation or other like technological changes in the industry in relation to which the employer is engaged will be given not less than three months notice of termination. 16
c) Should the employer fail to give notice of termination as required in 4.7.1(a) or 4.7.1(b) the employer will pay to that employee the ordinary rate of pay for a period being the difference between the notice given and that required to be given. The period of notice to be given is deemed to be service with the employer for the purposes of the Long Service Leave Act 1987 as amended. 4.8.4 Time off during notice period a) During the period of notice of termination given by the employer, an employee is entitled to up to one day off without loss of pay during each week of notice for the purpose of seeking other employment. b) If the employee has been allowed paid leave for more than one day during the notice period for the purpose of seeking other employment, the employee must, at the request of the employer, produce proof of attendance at an interview. If such proof is not produced the employee is not entitled to receive payment for the time absent. For this purpose a statutory declaration will be sufficient. 4.8.5 Severance pay a) An employee whose employment is terminated by reason of redundancy is entitled to the following amounts of severance pay in respect of a continuous period of service: Period of continuous service Less than 1 year Severance pay Nil 1 year and less than 2 years 4 weeks pay 2 years and less than 3 years 6 weeks pay 3 years and less than 4 years 7 weeks pay 4 years and less than 5 years 8 weeks pay 5 years and less than 6 years 10 weeks pay 6 years and less than 7 years 11 weeks pay 7 years but less than 8 years 13 weeks pay 8 years but less than 9 years 14 weeks pay 9 years but less than 10 years 16 weeks pay 10 years but less than 11 years 17 weeks pay 11 years but less than 12 years 18 weeks pay 12 years but less than 13 years 19 weeks pay 13 years but less than 14 years 20 weeks pay 17
14 years but less than 15 years 21 weeks pay 15 years and more 22 weeks pay 4.8.6 Incapacity to pay The employer may make application to the Fair Work Commission for an order to have the severance pay prescription varied on the basis of the employer s incapacity to pay. 4.8.7 Alternative employment The employer may make application to the Fair Work Commission to have the severance pay prescription varied if the employer obtains acceptable alternative employment for an employee. 4.8.8 Written notice The employer will, as soon as practicable, but prior to the termination of the employee s employment, give to the employee a written notice containing, among other things, the following: a) The date and time of the proposed termination of the employee s employment. b) Details of the monetary entitlements of the employee upon the termination of the employee s employment including the manner and method by which those entitlements have been calculated. c) Advice as to the entitlement of the employee to assistance from the employer, including time off without loss of pay in seeking other employment, or arranging training or retraining for future employment. d) Advice as to the entitlements of the employee should the employee terminate employment during the period of notice. 4.8.9 Transfer to lower paid duties Where an employee whose job has become redundant accepts an offer of alternative work by the employer the rate of pay for which is less than the rate of pay for the former position, the employee is entitled to the same period of notice of the date of commencement of work in the new position as if the employee s employment had been terminated. The employer may pay in lieu thereof an amount equal to the difference between the former rate of pay and the new lower rate for the number of weeks of notice still owing. 4.8.10 Employee leaving during notice 18
An employee whose employment is terminated on account of redundancy may terminate employment during the period of notice. In this case the employee is entitled to the same benefits and payments under this clause as if remaining with the employer until the expiry of such notice. In such circumstances the employee is not entitled to payment in lieu of notice not worked. 4.8.11 Employer to notify Centrelink of proposed terminations in certain cases a) This section applies if the employer decides to terminate the employment of 15 or more employees for reasons of an economic, technological, structural or similar nature, or for reasons including such reasons as prescribed by section 785 of the Act. b) As soon as practicable after so deciding and before terminating an employee s employment because of the decision, the employer must give to Centrelink, a written notice prescribed by the Act and regulations of the intended terminations, that sets out: i) the reasons for the terminations; and ii) the number and categories of employees likely to be affected; and iii) the time when, or the period over which, the employer intends to carry out the terminations. 4.9. Transfer of business (Termination) Where a business is transferred from one employer to another, the period of continuous service that the employee had with the existing employer or any prior employer is deemed to be service with the new employer and taken into account when calculating notice of termination. However, an employee shall not be entitled to notice of termination or payment in lieu of notice for any period of continuous service in respect of which notice has already been given or paid for. 4.10. Transfer of business (Redundancy) 4.10.1 The provisions of this clause are not applicable where a business is before or after the date of this Agreement, transferred from an employer (the old employer) to another employer (in this subclause called the new employer), in any of the following circumstances: a) Where the employee accepts employment with the new employer which recognises the period of continuous service which the employee had with the old employer and any prior employer to be continuous service of the employee with the new employer; or b) Where the employee rejects an offer of employment with the new employer: i) in which the terms and conditions are substantially similar and no less favourable, considered on an overall basis, than the terms and conditions applicable to the employee at the time of ceasing employment with the transferer; and ii) which recognises the period of continuous service which the employee had with the old employer and any prior employer to be continuous service of the employee with the new employer. 19
4.10.2 Clause 4.10.1(b) will not be relied on if it would operate unfairly in a particular case. 5. Rates of Pay and Related Matters 5.1. Classification Criteria Classification Criteria is set out in the following Appendix to this Agreement: Classification Appendix Registered Nurses A2.1 Enrolled Nurses A2.2 5.2. Career Structure 5.2.1 Enrolled Nurses with Diploma of Nursing Qualifications Enrolled Nurses (EN) with Diploma qualifications will, from the pay period on or after commencement of the agreement be paid in accordance with the wages table specified in Appendix 1. 5.2.2 Enrolled Nurses with Certificate or Diploma The EN classification range will be at seven (7) pay points as detailed in Appendix 1. There is no automatic progression from Pay Point 6 to Pay Point 7. An enrolled nurse may progress from the Pay Point 6 to the Pay Point 7 upon successful completion of 80 nominal hours of structured education in a module/modules relevant to the EN practice setting. Structured education may be delivered through classroom or distance modules and includes assessment, which ensures the competencies/objectives of the module have been met. Examples of such modules include: Orthopaedics, Advanced Skills Nursing for Activities for Daily Living, Continence Management, Introduction to Mental Health, Care of the Aged in Acute Setting, Rehabilitation etc. 5.2.3 Registered Nurses Level 1 (RN1) The RN 1 incremental range is set out in Appendix 1. 5.3. Salaries Progression and Advancement 5.3.1 Calculation of salaries a) Conversion of annual salaries to hourly rates Where, for the purpose of any provision of this Agreement, it is necessary to convert an annual salary into an hourly rate, it will in every instance, be ascertained by using the following formula; multiply the annual rate by 12, divide by 313; calculated to the nearest ten cents and divided by 75. 20
5.3.2 Incremental payments Subject to clause 5.3.5, incremental progression for employees who work less than full-time are set out below: i) Employees shall be entitled to increments for service in their respective Classification Level following the completion of 1786 actual ordinary hours of work. ii) Progression to the next applicable increment cannot occur earlier than twelve (12) months at the previous or existing increment. 5.3.3 Salary on appointment a) An RN, on appointment will be paid a rate of salary by reference to the employee s relevant continuous experience since becoming an RN. b) Any employee who was employed as a Nurse attendant/direct client contact services employee immediately prior to undertaking a recognised course of study to become an EN and who is recognised as an EN by the NBA must, on appointment as an EN, receive a rate of pay within the EN salary scale which is consistent with the recognition of relevant training, experience and skill gained immediately prior to undertaking the recognised EN training course. c) For the purpose of 5.3.2(a) and 5.3.2(b), in determining relevant continuous experience: i) any period of service prior to an absence of less than five years (3 years for personal care employees) from active nursing/carers duties relevant to the classification in which the employee is employed, or is to be employed, will be taken into account; ii) any period of service prior to an absence of five years or more from active nursing duties relevant to the classification in which the employee is employed or is to be employed, will be taken into account where the employee has successfully completed a refresher course approved by the NBA, but will be subject to a reduction of one year on the relevant incremental scales; iii) completed months will be taken into account; iv) recognised service averaging less than fifteen hours per week in any year will not count, but be regarded as establishing continuous employment; v) recognised service in a classification higher than that in which the employee is employed or is to be employed is that service directly relevant to the duties performed or to be performed will be taken into account; d) The onus of proof of previous continuous employment will be on the employee and will be established at the time of employment. The employer will, when provided with evidence by an employee, accept, reject or request further particulars to establish continuous experience; and 21
e) If an employee deliberately misrepresents previous continuous experience, such action will amount to misconduct and any service misrepresented will be disregarded in calculating the employee s position on the relevant incremental scale. When non-disclosure is not by virtue of deliberate misrepresentation, previous continuous experience will only be taken into account in determining the employee s position on the relevant scale from the time that it is made known to the employer. 5.3.4 Higher duties Nurses A nursing employee (other than a Student nurse) who is required to perform the duties of a position carrying higher salary than their normal classification, will be paid for the time worked at the relevant rate for each position. 5.3.5 Progression and accelerated advancement Enrolled nurses a) Pay point progression i) Employees will progress on their annual anniversary date from one pay point to the next, having regard to Appendix 2 and subject also to the acquisition and utilisation of skills and knowledge through experience, as defined in Appendix 2, in their practice setting(s) over such period. ii) An employee s progression may be deferred or refused by the employer, provided that any such deferral or refusal is referable only to the terms specified for each pay point in Appendix 2 and is not unreasonably nor arbitrarily imposed by the employer. It will be considered unreasonable if the employer has refused to provide training and/or opportunities to work in various practice settings in the employer s establishment. b) Appeal and review i) An employee may appeal a deferral or refusal. Where such an appeal results in a revocation of the employer s decision, pay point progression is deemed to operate and be payable from the employee s anniversary date for such progression pursuant to 5.3.5(a)(i). ii) The employer or employee may initiate a review of a deferral or refusal of a progression. iii) Where this review lifts the deferral or refusal, it will operate from such date, where circumstances have changed so that the employee appropriately falls within the terms specified for the next pay point as defined in the Classification criteria at Appendix 2. iv) An appeal or review, for the purpose of this subclause, will be undertaken and resolved in accordance with clause 3.2 Dispute settlement procedure. c) Accelerated advancement i) An employee (other than an EN appointed in their first year of experience at Pay point Y2), will be entitled to accelerated advancement by one pay point: - for possession of a post enrolment qualification recognised by the employer; or 22
ii) - on completion of a post enrolment course of at least six months duration, where such an employee is required to perform duties to which such training is directly relevant. An employee who has advanced in accordance with 5.3.4(c) will not be entitled to further accelerated advancement pursuant to this subclause. d) Recognition of training, experience and skill All relevant training, experience and skills as an EN other than experience predating any break of five or more consecutive years, will be counted for the purposes of determining the appropriate pay point on appointment for employees appointed thereafter. 5.3.6 Accelerated advancement Registered nurses 5.4. Allowances a) Subject to 5.3.5(b) an RN-1 will be entitled to progress one increment on that person s first appointment following registration with the Nurses Registration Board of South Australia, or at any one time during that person s employment history as an RN-1, on attainment of the following: i) An Undergraduate (UG1) degree in nursing; or ii) Registration in another branch of nursing or on another nursing register maintained by the Nurses Registration Board of South Australia where the employee is working in a particular practice setting which requires the additional registration; or iii) Successful completion 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. b) An RN-1 who has been advanced once in accordance with 5.3.5(a) will not be entitled to further advancement under this clause. 5.4.1 On-call allowances Nurses a) Employees, rostered to be on-call at their private residence, or any other mutually agreed place: i) between rostered shifts of ordinary hours on a Monday to Friday inclusive, must receive an additional amount as provided at Appendix 3, for the period or part thereof; ii) on a Saturday must receive an additional amount as provided at Appendix 3 for the period of part thereof; iii) on a Sunday, public holiday or any other day the employee is not rostered to work must receive an additional amount as provided at Appendix 3 for the period or part thereof. 23