Information about the terms and effect of the Named NSW (Non-Declared) Affiliated Health Organisations Nurses Agreement 2017

Transcription

1 Information about the terms and effect of the Named NSW (Non-Declared) Affiliated Health Organisations Nurses Agreement 2017 The below table provides a brief explanation of the terms (and effect of the terms) of the proposed Named NSW (Non-Declared) Affiliated Health Organisations Nurses Agreement 2017 ( Proposed Agreement ). The Proposed Agreement is an updated version of the Named NSW (Non-Declared) Affiliated Health Organisations Nurses Agreement 2011 ( 2011 Agreement ). This document is a general summary only, it does not form part of the Proposed Agreement, and should be read in conjunction with the Proposed Agreement. In this summary, references to the Modern Award refer to the Nurses Award 2010 and references to the State Award refer to the Public Health System Nurses and Midwives (State) Award If you have any difficulties reading or speaking English, are under 21 years old, or have difficulty understanding this or any attachment, please inform the Human Resources Department at Calvary Mater Newcastle on phone or to ensure you are provided with any necessary assistance. If you are aware that a fellow employee who may be covered by the Proposed Agreement may have any difficulties reading or speaking English, is under 21 years old, or may have difficulty understanding this or any attachment, please discreetly inform the Human Resources Department at Calvary Mater Newcastle on phone or to ensure they are provided with any necessary assistance. Where can I find more information? In order to ensure the terms of the Proposed Agreement are abundantly clear, Calvary Mater Newcastle has scheduled three question & answer information sessions ( Q&A Sessions ) which we encourage you to attend. The Q&A Sessions will be held: Session 1 Thursday 19/10/ to 1530 Room 2064, Level 2 Session 2 Monday 23/10/ to 1530 Room 2064, Level 2 Session 3 Thursday 26/10/ to 1530 Room 2064, Level 2 The Q&A Sessions are designed to cover the same content (although they may differ depending on the questions asked by attendees). You and/or your bargaining representative are encouraged to attend one or both of the sessions. In the event that you are unable to attend, you are encouraged to direct any questions you may have to the Human Resources Department at Calvary Mater Newcastle on phone or

2 Nurses Enterprise Agreement Summary Clause Number Clause 1 Arrangement Brief Explanation of Clause Clause 1 is a table of contents. Minor changes have been made to account for new or deleted clauses. Clause 2 NSW Health Policy Directive NSW Health Policy Directives will apply (as applicable) to the extent that they are not inconsistent with the terms of the Proposed Agreement. This is a new clause. Clause 3 Definitions Clause 3 provides definitions of terms used throughout the Proposed Agreement. Definitions have been removed if they are no longer relevant. Clause 4 Hours of Work and Free Time of Employees Other Than Directors of Nursing. Sets out the hours of work of employees other than directors or nursing. Sets out meal break entitlements. The Name of the relevant NSW Health Policy directive has been updated to refer to the current directive, being PD2017_028 Leave Matters for the NSW Health Service which sets out all leave provisions and procedures for workers. 2

3 Clause 4A Multiple Assignments This clause contemplates circumstances in which an employee covered by the Proposed Agreement has more than one position under the Proposed Agreement with the NSW Health Service and sets out entitlements (applicable to relevant employees) in regards to: - Hours, additional days off and overtime; - Temporary Employees; - Employees engaged as part-time as at 30 June 1986; - Leave; - Disclosures, notifications and approvals; - Multiple assignments across different public health organisations; and - Situations in which composition of Public Health Organisations change. A clause to this effect is contained in the State Award and the Modern Award. This is a new clause. Clause 5 Pilot Roster Projects Clause 5 addresses the terms of Pilot Roster Projects Clause 6 Introduction of Change Affiliated Health Organisations ( AHOs ) have a duty to notify and consult with the employees and the Association (as defined in the Proposed Agreement) about definite decisions to introduce major workplace changes that are likely to have a significant effect on those employees. A consultation clause to this effect is required under the Fair Work Act 2009 (Cth). Clause 7 Hours of Work and Free Time of Directors of Nursing. This clause sets out the hours of work and free time of Directors of Nursing. 3

4 This clause no longer applies to Area Managers, Nurse Education. Clause 8 Rosters AHOs will display hours of work in a roster easily accessible to employees (in either electronic or hardcopy form). Clause 9 Salaries All salaries and rates of pay of employees sought to be covered by the Proposed Agreement will be paid in accordance with this clause. Clause 10 Remuneration AHOs will pay the employees in accordance with the Salary Tables contained in Table 1 of Part B and will pay in accordance with any increases to wages or allowances under the Public Health System Nurses and Midwives Award This is a new clause. Clause 11 Salary Sacrifice to Superannuation Employees may elect to sacrifice part or all of their salary to superannuation. 4

5 Clause 12 Leave Matters Arising from Family Violence Employees may use Sick Leave or Family and Community Service Leave if experiencing family violence. Where an employee exhausts sick leave and Family and Community Service Leave, AHO shall grant up to five days special leave per calendar year for use for absences from the workplace to attend to matters arising from family violence situations. AHO may require proof that the employee is experiencing family violence. Clause 13 Special Allowances This clause establishes the allowances payable in various situations. Clause 14 Continuing Education Allowance This clause sets out allowances payable pertaining to continuing education. Clause 15 Climatic and Isolation Allowances This clause establishes the allowances payable to employees working in isolated areas. Clause 16 Penalty Rates for Shift and Weekend Work This clause sets out the penalty rates payable to employees who work shift worker and/or weekend work, being: Afternoon Shift: between % depending on time of shift. 5

6 Night Shift % depending on time of shift. Clause 17 Fares and Expenses This clause establishes how employees will be reimbursed for certain work-related travel. Clause 18 Special Rates and Conditions This clause provides special rates and conditions afforded to: Directors of Nursing and registered nurses employed at Ivanhoe District Hospital and Tibooburra District Hospital; Nurses employed by the Justice Health Service; Nurses employed in the Justice Health Service; Nurses working in the Kestrel Unit; Morisset and Court Liaison Nurses employed by a Local Heatlh Network; Team Leaders in receipt of a Team Leader allowance prior to 1 July 2008; and Registered nurses responsible for team leadership, guidance and line management of a multi-disciplinary team of health professionals in a community-based service whose annual salary is lower than the relevant salary set out in the NSW Health Service Health Professionals (State) Award for the relevant Team Leader classification. 6

7 Clause 19 Telephone Allowance This clause provides that if AHO requires an employee to have a telephone installed at his/her residence the AHO will be responsible for: the cost of installation; three quarters of the cost of rental; and The cost of all official calls. Clause 20 Mobility, Excess Fares, and Travelling This clause further sets out how employees may be reimbursed for travel and/or paid for travel time if an employee is required to work elsewhere than their accustomed place of work. The name of the relevant Treasury Circular that prescribes relevant allowances has been updated. Clause 21 Car Allowance This clause provides for the allowance payable to an employee who uses an official vehicle for official business with CEO approval. The name of the relevant Treasury Circular that prescribes relevant allowances has been updated. Clause 22 Provision of Communication Device This clause provides that the AHO will supply an effective communication device to employees required to visit clients away from their secure working environment. Clause 23 Uniform and Laundry Allowance This clause establishes employees entitlement to reimbursement for: A serviceable uniform including one pair of shoes per annum for staff required to wear a uniform upon return of previous uniform and/or shoes supplied; or 7

8 In lieu of providing uniform and/or shoes, payment of a sum set out in Item 13 of Table 2 of the Agreement. In a Public Hospital or Public Health Organisation, if uniforms are not laundered at the expense of AHO, an allowance as set out in Item 14 of Table 2 of the Proposed Agreement. This clause also provides that AHO will supply, free of charge: Headgear to employees required to wear headgear; and = Waterproof coat, hat, and overboots for employees regularly required to work outside. This clause also provides that employees leaving the service of AHO must return any uniform (or part of any uniform) in use immediately before leaving. Allowances relating to socks and stockings are no longer applicable. Clause 24 Higher Grade Duty If an employee is requested to, and does, relieve a higher classification for at least five consecutive days, AHO will pay the employee the minimum payment for such higher grade classification. The employee will not rotate the performance of higher grade duty to avoid obligation to pay any employer at a higher grade rate. If an employee acts in a vacant management position covered by the Agreement for a continuous period of more than six (6) months, the employee will be deemed to be appointed in that position. 8

9 Clause 25 Overtime This clause allows AHO to require an employee to work overtime. An employee may refuse to work overtime where such hours are unreasonable. Overtime will be paid at a rate of time and one half for the first two hours and double time thereafter. Overtime worked on Sundays will be paid at double time. Overtime worked on public holidays will be paid at double time and one half. Employees recalled to work overtime after leaving AHO premises will be paid for a minimum of four additional hours. Nurses may be compensated by time off in lieu of overtime. Employees working overtime will be entitled to breaks as follows: - following completion of normal shift and exceeding two hours twenty minutes, and twenty minutes for each subsequent four hours. - Recalled to work overtime twenty minutes after four hours overtime and twenty minutes for each subsequent four hours. - Meals for a meal break will be provided free of charge or a meal allowance will be provided. This clause provides that in certain circumstances, employees may be entitled to a ten or eight hour break between shifts. The name of the NSW Health Policy Directive has been updated to PD2014_039 Permanent Part-time Overtime Provisions for On Call Rosters, which is directed at clarifying overtime provisions that apply to permanent part-time 9

10 nurses and midwives who participate in an oncall roster. Clause 26 Escort Duty If an employee, other than a Director of Nursing, is engaged in nursing duties they will be paid as time worked and: - Reimbursed for reasonable out of pocket expenses; and - Rostered time shall be paid as such. In respect of non-rostered time spent on nursing duties: - time spent waiting for transport or waiting - for hotel/motel accommodation shall not - count as working time; and - periods travelling shall count as working time. Clause 27 Payment and Particulars of Salaries Salaries will be paid fortnightly provided that payment for overtime and/or shift penalties may be deferred to the next pay day. Salaries will be paid into NSW bank or financial institution nominated by the employee. Money payable to employees upon termination of employment prior to ceasing duty on the last day of employment or, in circumstances of summary dismissal or termination without notice, outstanding monies will be paid as soon as practicable and no later than three days after termination. On each pay day, employees will be provided with a written statement including details of pay. Underpayments will be rectified. AHO will notify the employee of any overpayment and recover the same with agreement. 10

11 Clause 28 Registration Pending Employees with Registered or Enrolled Nurse registration pending will be paid as a Registered or Enrolled Nurse. Clause 29 Part-time, Casual, and Temporary Employees This clause defines a permanent part-time, casual and temporary employees and sets out the entitlements (or non-entitlement) and conditions specific to such employees including: Proportion of permanent part-time employees Pro-rata payment to permanent parttime employees Entitlement to allowances Public holiday penalties Election to increase hours Additional days off Casual conversion to permanent position Part-time employees engaged as at 30 June Clause 30 Annual Leave This clause sets out the entitlement to annual leave (for employees other than casual employees), which accrues progressively during a year of service including: Quantum of entitlement Arrangements for taking annual leave Interaction with public holidays and rostered days off Cashing out of annual leave Payment of accrued untaken annual leave on termination of employment. 11

12 This clause has been updated to allow cashing out of annual leave. This clause now expressly provides that the annual leave loading component of any untaken annual leave will be paid to employees upon termination of employment. The name of the relevant NSW Health Policy Directive has been updated to PD2017_028 Leave Matters for the NSW Health Service. Clause 31 Direction to Take Annual Leave AHO may direct employees to take annual leave during low activity/production times. This is a new clause that allows AHO to direct employees to take accrued but untaken annual leave during times of low activity or low production where agreement between the parties did not occur. Clause 32 Excessive Leave Accruals If an employee has accrued annual leave in excess of 30 days, AHO and the employee may reach agreement as to how to reduce the excessive annual leave accrual. If agreement cannot be reached, AHO may direct the employee to take annual leave. This is a new clause that allows AHO and the employee to genuinely try to reach agreement to reduce excessive annual leave or, if agreement cannot be reached, allows AHO to direct or request that the leave be taken. This clause reflects parts of clause 31.3 of the Modern Award. Clause 33 Annual Leave Loading This clause sets out when and how annual leave loading is payable on annual leave, being (generally): Non shift workers: 17.5% 12

13 Shift workers: the higher of 17.5% or weekend and shift penalties the employee would have received had they not been on leave. This clause has been updated to clarify how and when annual leave loading is payable. This clause combines the provisions that are most favourable to employees contained in either the relevant NSW Health Policy Directive (being PD2017_028 Leave Matters for the NSW Health Service) or the Modern Award. Clause 34 Family and Community Services Leave and Personal/Carer s Leave This clause sets out: How Family and Community Services Leave and Personal/Carer s Leave will be granted to employees and arrangements for taking such leave. Specific entitlements for casual employees. Using flexible work practices as an alternative to taking such leave. Clause 35 Ceremonial Leave This clause is newly inserted and provides that an employee legitimately required by Aboriginal traditional to be absent from work for ceremonial purposes unpaid for up to ten days per year with approval of AHO. This is a new clause reflecting clause 33 of the Modern Award. Clause 36 Long Service Leave This clause sets out the entitlement to, and arrangements for, taking long service leave, being (generally): Ten years continuous service two months long service leave and five 13

14 months per ten years of continuous service thereafter. Seven years continuous service prorata long service on the basis of two months per ten years. Between five and seven years continuous service (upon termination) pro-rata long service leave paid out on the basis of two months for ten years service. Clause 37 Maternity, Adoption and Parental Leave References to repealed legislation have been updated to refer to current legislation. References to NSW Health Policy Directives have been updated to refer to the current Directive being PD2017_028 Leave Matters for the NSW Health Service. This clause sets out the entitlement to, and arrangements for, taking maternity, adoption and/or parental leave. This clause incorporates new provisions (required by the Fair Work Act 2009(Cth)) allowing the employee to take safe job or no safe job leave in circumstances where it is medically inadvisable for the employee to continue in their position. References to repealed legislation have been updated to refer to current legislation. References to NSW Health Policy Directives have been updated to refer to the current directive, being PD2017_028 Leave Matters for the NSW Health Service. This clause now provides for safe job and no safe job leave in accordance with the Modern Award. 14

15 This clause now expands on the criteria for right to request extensions of maternity, adoption or parental leave and/or right to request return to duty at less than full-time hours. Clause 38 Military Leave Employees will be granted military leave in accordance with the NSW Health Policy Directive titled PD2014_029 Leave Matters for the NSW Health Service _former Armed Service Personnel (Repatriation) Leave as amended from time to time. References to NSW Health Policy Directives has been updated to refer to current applicable directive being NSW Health Policy Directive No PD2014_029 Leave Matters for NSW Health Service Leave to Undertake Defence Force Duties. Clause 39 Repatriation Leave Ex-servicemen/women will be granted repatriation leave in accordance with the NSW Health Policy Directive PD2014_029 Leave Matters for the NSW Health Service _Former Armed Service Personnel (Repatriation) Leave as amended from time to time. References to NSW Health Policy Directives has been updated to refer to current applicable Directive. Clause 40 Sick Leave This clause provides an entitlement to, and arrangements for taking, sick leave. References to NSW Health Policy Directives has been updated to refer to current applicable Directive being NSW Health Policy Directive No PD2014_029 Leave Matters for NSW Health. Clause 41 Accommodation and Board This clause provides that AHO will provide certain amenities to employees who live in. 15

16 Clause 42 Grading Committee This clause establishes how a grading committee will be constituted. Clause 43 Grading of Nurse/Midwife Manager Positions This clause establishes how positions are graded and re-graded. Clause 44 Deputy Director of Nursing, Assistant Directors of Nursing This clause establishes when, based on bed numbers, a Deputy Director of Nursing or Deputy Director of Nursing, Assistant Director of Nursing will be appointed. Clause 45 Proportion This clause determines the proportion of enrolled nurses/assistants in nursing to registered nurses. Clause 46 Medical Examination of Nurses This clause lists the NSW Health Policy Directives relevant to medical examination of nurses being: NSW Health Policy Directive No. PD2015_026 Recruitment and Selection of Staff to NSW Health Service which is directed at promulgating mandatory standards to be applied when recruiting and selecting staff for employment; PD2017_028 Leave Matters for the NSW Health Service which sets out all leave provisions and procedures for workers; and and PD2011_005 Occupational Assessment, Screening and 16

17 Vaccination Against Specified Infectious Diseases which provides a framework for immunisation and screening of health care workers, clinical personnel and students to minimise the risk of transmission of vaccine preventable diseases. References to NSW Health Policy Directives has been updated to refer to current applicable Directive. Clause 47 Domestic Work This clause provides that nurses will not be routinely required to perform the listed domestic duties. Clause 48 Termination of Employment This clause sets out the notice that either the employee or AHO must provide to terminate the employment (in circumstances other than summary dismissal). AHO may make payment equivalent to the relevant notice in lieu of providing such notice. This clause has been amended to reflect notice of termination under the National Employment Standards. This clause now clarifies that casual employees will not be entitled to notice as contained in Clause 49 Job Search Entitlement Upon receiving notice of termination, employees are entitled to up to one days paid time off to seek other employment after consultation with AHO. This is a new clause that reflects clause 11.3 of the Modern Award. 17

18 Clause 50 Labour Flexibility This clause allows AHO to direct an employee to carry out duties as reasonable and within the limits of their skills provided the same does not promote deskilling and is consistent with work health and safety obligations. Clause 51 Consultation Regarding Major Workplace Change AHO has a duty to notify and consult with employees about definite decisions to introduce major workplace changes that are likely to have a significant effect on those employees. A clause to this effect is required by the Fair Work Act 2009 (Cth). Clause 52 Disputes This clause provides a dispute resolution procedure to settle disputes about any matter including: - discussion at first instance - referral by supervisor to CEO or by the nurse to workplace representative - conferral with Public Hospital/Local Health District, Public Health Organisation/Ministry. - Referral to the Fair Work Commission. A clause to this effect is required by the Fair Work Act 2009 (Cth). This clause has been amended to the effect that disputes can now be referred to the Fair Work Commission and not the Industrial Relations Commission of NSW. References to directives have been updated. 18

19 Clause 53 Anti-Discrimination This clause confirms the intention and commitment of AHO and employees to prevent and eliminate discrimination in the workplace. Clause 54 Exemption Excludes application of the Agreement to members, novices or aspirants of religious orders in public hospitals Clause 55 Salary Packaging This clause outlines the arrangements for salary packaging. Clause 56 Deduction of Union Membership Fees This clause outlines arrangements for deducting union membership fees (where applicable) Clause 57 Staffing Arrangements This clause sets out the principles for reasonable workloads for nurses and includes provision for workload committees and grievances in relation to workload. Clause 58 Trade Union Activities This clause outlines provides for: circumstances when Trade Union Activities are regarded as On- Duty Trade Union Leave Activities Trade Union Training Courses On Loan Arrangements Period of notice required for Trade Union Activities 19

20 Access to Facilities by Trade Union Delegates Responsibilities of Trade Union Delegates Responsibilities of Trade Union Responsibilities of Workplace Management Travelling and other costs of Trade Union Delegates. Clause 59 Learning and Development Leave This clause provides arrangements for learning and development leave including: Eligibility Types and amount Payment for leave Clause 60 Career Break Scheme This clause outlines the arrangements for a career break scheme that allows employees to defer a percentage of their salary in certain circumstances. Clause 61 Work Health and Safety for Employees of Contractors and Labour Hire Businesses This clause describes the employer s obligations regarding consultation about work health and safety, provision of training, and provision of appropriate clothing/protective equipment/safe work statements, awareness of risks and procedures to control the same. The name of this clause has been updated to use the current terminology, Work Health and Safety rather than Occupational Health and Safety. Clause 62 Commitments During Term of This Agreement This clause outlines the initiatives that the NSW Nurses and Midwives Association and the Australian Nursing Federation, NSW 20

21 Branch commit to cooperate with during the term of the agreement. Dates have been changed to ensure the clause is current. Provisions that relate to an industrial relations decision in 2009 have been removed. Clause 63 Agreement Flexibility This clause allows the employer and employee to agree to vary the application of certain terms of the agreement to meet the individual needs of the employer and/or employee. What s Changed? This clause now allows flexibility to very (with agreement) terms concerning penalty rates in accordance with the Modern Award. Clause 64 Titles, Parties and Duration This clause lists the parties that will be covered by the Agreement and specifies the nominal expiry date of the Agreement as 30 June The names of the parties have been updated to reflect changes since the Agreement was last passed. The Nominal expiry date has been updated. Clause 65 No Extra Claims This clause provides that there will be no further salary or conditions claims made during the term of this Agreement. Schedule A, Part B Table 1 Salaries These tables stipulate the salaries payable to employees in corresponding classifications and allowances payable to certain employees in particular circumstances. The salaries have been updated to reflect rates of pay contained in the State Award. These 21

22 rates are higher than those contained in the Modern Award. Schedule 1 Nurse/Midwife Managers This schedule describes the duties of Nurse/Midwife Managers in Grades 1 9. Schedules 2 and 3 The tables comprising Schedule 2 sets out the qualifications that attract Continuing Education Allowances. Deleted Clauses During the process of reviewing the 2011 Agreement, certain clauses were considered to be outdated or no longer applicable. Accordingly, please see below a list of deleted clauses: Clause number (in 2011 Agreement) Clause 19 Trainee Enrolled Nurses Reason for Deletion This clause has been deleted as employees in this classification are no longer employed by AHO. 22