MA000115

Aboriginal and Torres Strait Islander Health Workers and Practitioners and Aboriginal Community Controlled Health Services Award 2020

 

This Fair Work Commission consolidated modern award incorporates all amendments up to and including 9 April 2024 (PR771391).

Clause(s) affected by the most recent variation(s):

19—Superannuation

 

Table of Contents

[Varied by PR725164, PR747475, PR748510, PR750405]

Part 1— Application and Operation of this Award................................................................... 4

1. Title and commencement............................................................................................. 4

2. Definitions..................................................................................................................... 4

3. The National Employment Standards and this award.................................................. 5

4. Coverage....................................................................................................................... 5

5. Individual flexibility arrangements............................................................................... 7

6. Requests for flexible working arrangements................................................................ 9

7. Facilitative provisions................................................................................................... 9

Part 2— Types of Employment and Classifications................................................................. 10

8. Types of employment................................................................................................. 10

9. Full-time employees................................................................................................... 10

10. Part-time employees.................................................................................................. 10

11. Casual employees....................................................................................................... 11

12. Classifications............................................................................................................. 12

Part 3— Hours of Work............................................................................................................ 13

13. Ordinary hours of work.............................................................................................. 13

14. Rostering arrangements............................................................................................. 13

15. Breaks......................................................................................................................... 14

Part 4— Wages and Allowances.............................................................................................. 15

16. Minimum rates........................................................................................................... 15

17. Payment of wages....................................................................................................... 22

18. Allowances.................................................................................................................. 23

19. Superannuation.......................................................................................................... 27

Part 5— Overtime and Penalty Rates...................................................................................... 29

20. Overtime..................................................................................................................... 29

21. Shiftwork..................................................................................................................... 34

Part 6— Leave and Public Holidays......................................................................................... 35

22. Annual leave............................................................................................................... 35

23. Personal/carer’s leave and compassionate leave....................................................... 41

24. Parental leave and related entitlements.................................................................... 41

25. Community service leave............................................................................................ 41

26. Ceremonial leave........................................................................................................ 41

27. Family and domestic violence leave........................................................................... 41

28. Public holidays............................................................................................................ 42

Part 7— Consultation and Dispute Resolution........................................................................ 42

29. Consultation about major workplace change............................................................ 42

30. Consultation about changes to rosters or hours of work........................................... 43

31. Dispute resolution...................................................................................................... 44

Part 8— Termination of Employment and Redundancy......................................................... 45

32. Termination of employment....................................................................................... 45

33. Redundancy................................................................................................................ 47

Schedule A —Classification Definitions................................................................................... 49

Schedule B —Summary of Hourly Rates of Pay...................................................................... 76

Schedule C —Summary of Monetary Allowances................................................................. 101

Schedule D —Supported Wage System................................................................................. 104

Schedule E —Agreement for Time Off Instead of Payment for Overtime............................ 108

Schedule F —Agreement to Take Annual Leave in Advance................................................. 109

Schedule G —Agreement to Cash Out Annual Leave............................................................ 111


Part 1—Application and Operation of this Award

1.                      Title and commencement

[Varied by PR725164]

[1.1 substituted by PR725164 ppc 01Jan21]

1.1                   This award is the Aboriginal and Torres Strait Islander Health Workers and Practitioners and Aboriginal Community Controlled Health Services Award 2020.

1.2                   This modern award commenced operation on 1 January 2010. The terms of the award have been varied since that date.

1.3                   A variation to this award does not affect any right, privilege, obligation or liability that a person acquired, accrued or incurred under the award as it existed prior to that variation.

2.                      Definitions

[Corrected by PR725873; varied by PR733829]

In this award, unless the contrary intention appears:

Aboriginal and/or Torres Strait Islander knowledge and cultural skills—level 1 has the meaning given in clause A.1.1.

Aboriginal and/or Torres Strait Islander knowledge and cultural skills—level 2 has the meaning given in clause A.1.2.

Aboriginal and/or Torres Strait Islander knowledge and cultural skills—level 3 has the meaning given in clause A.1.3.

Aboriginal community controlled health services has the meaning given in clause 4.2.

Act means the Fair Work Act 2009 (Cth).

bilingual has the meaning given in clause 18.2(a)(i).

[Definition of casual employee inserted by PR733829 from 27Sep21]

casual employee has the meaning given by section 15A of the Act.

defined benefit member has the meaning given by the Superannuation Guarantee (Administration) Act 1992 (Cth

employee means national system employee within the meaning of the Act.

employer means national system employer within the meaning of the Act.

exempt public sector superannuation scheme has the meaning given by the Superannuation Industry (Supervision) Act 1993 (Cth).

MySuper product has the meaning given by the Superannuation Industry (Supervision) Act 1993 (Cth).

NES means the National Employment Standards as contained in sections 59 to 131 of the Act.

on-hire means the on-hire of an employee by their employer to a client, where such employee works under the general guidance and instruction of the client or a representative of the client.

[Definition of standard rate corrected by PR725873 ppc 01Jan21]

standard rate means the minimum weekly rate for an Aboriginal and/or Torres Strait Islander Health Worker Grade 3 Level 1 in clause 16.1(a).

3.                      The National Employment Standards and this award

3.1                   The National Employment Standards (NES) and this award contain the minimum conditions of employment for employees covered by this award.

3.2                   Where this award refers to a condition of employment provided for in the NES, the NES definition applies.

3.3                   The employer must ensure that copies of the award and the NES are available to all employees to whom they apply, either on a notice board which is conveniently located at or near the workplace or through accessible electronic means.

4.                      Coverage

[Varied by PR725164, PR743464]

[4.1 substituted by PR725164 ppc 01Jan21]

4.1                   This industry and occupation award covers:

(a)          employers throughout Australia in the Aboriginal community controlled health services industry and their employees in the classifications listed in clause 16—Minimum rates to the exclusion of any other modern award; and

(b)         employers throughout Australia with respect to their employees engaged as an Aboriginal and/or Torres Strait Islander Health Worker or as an Aboriginal and/or Torres Strait Islander Health Practitioner in the classifications listed in clause 16—Minimum rates to the exclusion of any other modern award.

4.2                   Aboriginal community controlled health services are incorporated Aboriginal organisations, initiated and based in an Aboriginal community. They are governed by a representative Aboriginal Board of Management which is elected by the local Aboriginal community. They deliver holistic and culturally appropriate health and well-being services to the Aboriginal community which controls them.

[4.3 substituted by PR725164 ppc 01Jan21]

4.3                   This award covers any employer which supplies labour on an on-hire basis in the Aboriginal community controlled health services industry or which supplies employees engaged as Aboriginal and/or Torres Strait Islander Health Workers or as Aboriginal and/or Torres Strait Islander Health Practitioners in respect of on-hire employees in classifications covered by this award, and those on-hire employees, while engaged in the performance of work for a business in that industry or engaged for a business in public or private medical practice. Clause 4.3 operates subject to the exclusions from coverage in this award.

[4.4 substituted by PR725164 ppc 01Jan21]

4.4                   This award covers employers which provide group training services for trainees engaged in the Aboriginal community controlled health services industry and/or parts of that industry and/or as trainees in occupations in classifications covered by this award and those trainees engaged by a group training service hosted by a company to perform work at a location where the activities described herein are being performed. Clause 4.4 operates subject to the exclusions from coverage in this award.

[4.5 substituted by PR725164 ppc 01Jan21]

4.5                   The award does not cover:

(a)          an employee excluded from award coverage by the Act;

(b)         employers covered by the following awards with respect to employees covered by the awards:

[4.5(b)(i) varied by PR743464 ppc 11Jul22]

(i)            Nurses Award 2020; or

(ii)          Medical Practitioners Award 2020.

(c)          employees who are covered by a modern enterprise award, or an enterprise instrument (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)), or employers in relation to those employees; or

(d)         employees who are covered by a State reference public sector modern award, or a State reference public sector transitional award (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)), or employers in relation to those employees.

4.6                   Where an employer is covered by more than one award, an employee of that employer is covered by the award classification which is most appropriate to the work performed by the employee and to the environment in which the employee normally performs the work.

NOTE: Where there is no classification for a particular employee in this award it is possible that the employer and that employee are covered by an award with occupational coverage.

5.                      Individual flexibility arrangements

5.1                   Despite anything else in this award, an employer and an individual employee may agree to vary the application of the terms of this award relating to any of the following in order to meet the genuine needs of both the employee and the employer:

(a)          arrangements for when work is performed; or

(b)         overtime rates; or

(c)          penalty rates; or

(d)         allowances; or

(e)          annual leave loading.

5.2                   An agreement must be one that is genuinely made by the employer and the individual employee without coercion or duress.

5.3                   An agreement may only be made after the individual employee has commenced employment with the employer.

5.4                   An employer who wishes to initiate the making of an agreement must:

(a)          give the employee a written proposal; and

(b)         if the employer is aware that the employee has, or reasonably should be aware that the employee may have, limited understanding of written English, take reasonable steps (including providing a translation in an appropriate language) to ensure that the employee understands the proposal.

5.5                   An agreement must result in the employee being better off overall at the time the agreement is made than if the agreement had not been made.

5.6                   An agreement must do all of the following:

(a)          state the names of the employer and the employee; and

(b)         identify the award term, or award terms, the application of which is to be varied; and

(c)          set out how the application of the award term, or each award term, is varied; and

(d)         set out how the agreement results in the employee being better off overall at the time the agreement is made than if the agreement had not been made; and

(e)          state the date the agreement is to start.

5.7                   An agreement must be:

(a)          in writing; and

(b)         signed by the employer and the employee and, if the employee is under 18 years of age, by the employee’s parent or guardian.

5.8                   Except as provided in clause 5.7(b), an agreement must not require the approval or consent of a person other than the employer and the employee.

5.9                   The employer must keep the agreement as a time and wages record and give a copy to the employee.

5.10               The employer and the employee must genuinely agree, without duress or coercion to any variation of an award provided for by an agreement.

5.11               An agreement may be terminated:

(a)          at any time, by written agreement between the employer and the employee; or

(b)         by the employer or employee giving 13 weeks’ written notice to the other party (reduced to 4 weeks if the agreement was entered into before the first full pay period starting on or after 4 December 2013).

NOTE: If an employer and employee agree to an arrangement that purports to be an individual flexibility arrangement under this award term and the arrangement does not meet a requirement set out in section 144 then the employee or the employer may terminate the arrangement by giving written notice of not more than 28 days (see section 145 of the Act).

5.12               An agreement terminated as mentioned in clause 5.11(b) ceases to have effect at the end of the period of notice required under that clause.

5.13               The right to make an agreement under clause 5 is additional to, and does not affect, any other term of this award that provides for an agreement between an employer and an individual employee.

6.                      Requests for flexible working arrangements

[6 substituted by PR763322 ppc 01Aug23]

Requests for flexible working arrangements are provided for in the NES.

NOTE: Disputes about requests for flexible working arrangements may be dealt with under clause 31—Dispute resolution and/or under section 65B of the Act.

7.                      Facilitative provisions

7.1                   A facilitative provision provides that the standard approach in an award provision may be departed from by agreement between an employer and an individual employee, or an employer and the majority of employees in the enterprise or part of the enterprise concerned.

7.2                   Facilitative provisions in this award are contained in the following clauses:

Clause

Provision

Agreement between an employer and:

20.6

Time off instead of payment for overtime

An individual

22.5

Annual leave in advance

An individual

22.6

Cashing out of annual leave

An individual

28.3

Public holidays—substitution

An individual

   

Part 2—Types of Employment and Classifications

8.                      Types of employment

8.1                   Employment categories

Employees under this award will be employed in one of the following categories:

(a)          full-time employment;

(b)         part-time employment; or

(c)          casual employment.

8.2                   At the time of engagement an employer will inform each employee in writing whether they are employed on a full-time, part-time or casual basis.

8.3                   An employer may direct an employee to carry out such duties that are within the limits of the employee’s skill, competence and training, consistent with the respective classification of that employee.

9.                      Full-time employees

A full-time employee is engaged to work 38 hours per week or an average of 38 ordinary hours per week in accordance with clauses 13—Ordinary hours of work and 14—Rostering arrangements.

10.                 Part-time employees

10.1               A part-time employee is an employee who:

(a)          is engaged to work less than an average of 38 ordinary hours per week;

(b)         has reasonably predictable hours of work; and

(c)          receives, on a pro rata basis, equivalent pay and conditions to those of full-time employees who do the same kind of work.

10.2               Before commencing employment, the employer and employee will agree in writing on a regular pattern of work including:

(a)          the number of hours to be worked each week;

(b)         the days of the week the employee will work;

(c)          and the starting and finishing times each day.

10.3               The terms of the agreement may be varied by agreement and recorded in writing.

10.4               A part-time employee will be rostered for a minimum of 4 consecutive hours on any shift.

10.5               All time worked in excess of the hours as mutually arranged or varied will be overtime and paid for at the rates prescribed in clause 20Overtime.

11.                 Casual employees

[Varied by PR723840, PR733829, PR750405]

[11.1 deleted by PR733829 from 27Sep21]

[11.2 varied by PR723840 ppc 20Nov20; 11.2 renumbered as 11.1 by PR733829 from 27Sep21]

11.1               Unless otherwise stated, for each ordinary hour worked a casual employee will be paid:

(a)          the minimum hourly rate for the employee’s classification; and

[11.1(b) varied by PR750405 ppc 15Mar23]

(b)         a casual loading of 25%.

[Note inserted by PR750405 ppc 15Mar23]

NOTE: The casual loading is payable instead of entitlements from which casuals are excluded by the terms of this award and the NES. See Part 2-2 of the Act.

[New 11.3 inserted by PR723840 ppc 20Nov20; 11.3 renumbered as 11.2 by PR733829 from 27Sep21]

11.2               When a casual employee works overtime, they must be paid the overtime rates in clauses 20.2 and 20.5(b)(i).

[11.3 renumbered as 11.4 by PR723840, 11.4 renumbered as 11.3 by PR733829 from 27Sep21]

11.3               The minimum period of engagement of a casual employee is 3 hours.

11.4               Offers and requests for casual conversion

[11.4 renumbered as 11.5 by PR723840; 11.5 renumbered as 11.4 and renamed and substituted by PR733829 from 27Sep21]

Offers and requests for conversion from casual employment to full-time or part-time employment are provided for in the NES.

NOTE: Disputes about offers and requests for casual conversion under the NES are to be dealt with under clause 31—Dispute resolution.

12.                 Classifications

[Varied by PR725164]

12.1               Classification definitions are set out in Schedule A—Classification Definitions.

12.2               Employers must advise their employees in writing of their classification upon commencement and of any subsequent changes to their classification.

12.3               Progression

[12.3 inserted by PR725164 ppc 01Jan21]

(a)          At the end of each 12 months’ continuous employment, an employee will be eligible for progression from one level to the next within a grade if the employee has demonstrated competency and satisfactory performance over a minimum period of 12 months at each level within the level and;

(i)            the employee has acquired and satisfactorily used new or enhanced skills within the ambit of the classification, if required by the employer; or

(ii)          where an employer has adopted a staff development and performance appraisal scheme and has determined that the employee has demonstrated satisfactory performance for the prior 12 months’ employment.

(b)         Movement to higher classification will occur by way of promotion or re-classification

12.4               Recognition of prior service

[12.4 inserted by PR725164 ppc 01Jan21]

(a)          On appointment, an employee will be classified and placed on the appropriate level on the salary scale in clause 16—Minimum rates, according to their qualifications and experience as an Aboriginal and/or Torres Strait Islander Health worker.

(b)         Service as a part-time Aboriginal and/or Torres Strait Islander Health Worker will normally accrue on a pro-rata basis according to the percentage of a full-time Aboriginal and/or Torres Strait Islander Health Worker load undertaken in any year; provided that where the hours are more than 90% of a full-time load, service will count as a full-time year.

(c)          In the case of a casual employee, the equivalent of a full-time year of service is 200 casual days.

12.5               Evidence of qualifications

[12.5 inserted by PR725164 ppc 01Jan21]

On engagement, the employer may require that the employee provide documentary evidence of qualifications and experience. If an employer considers that the employee has not provided satisfactory evidence, and advises the employee in writing to this effect, then the employer may decline to recognise the relevant qualification or experience until such evidence is provided. Provided that the employer will not unreasonably refuse to recognise the qualifications of an employee.

Part 3—Hours of Work

13.                 Ordinary hours of work

13.1               The ordinary hours of work for a full-time employee are an average of 38 hours per week over a fortnight.

13.2               No more than 10 ordinary hours of work (exclusive of meal breaks) can be worked in any one day.

13.3               Span of hours

(a)          Unless otherwise stated, ordinary hours are worked between 7.00 am and 7.00 pm, Monday to Friday.

(b)         Ordinary hours of work for shiftworkers will be worked from Monday to Sunday inclusive.

14.                 Rostering arrangements

14.1               The starting and finishing time for each day will not be changed without at least 7 working days’ notice unless:

(a)          necessary because of

(i)            the absence of other employees; or

(ii)          a shortage of staff; or

(b)         with the consent of the employee.

14.2               The period of notice for casual employees of a change in starting and finishing time for each day will be at least 24 hours.

15.                 Breaks

[15—Unpaid meal breaks renamed and substituted by PR725164 ppc 01Jan21]

15.1               Unpaid meal breaks

(a)          An employee who works more than 5 hours will be entitled to an unpaid meal break of between 30 and 60 minutes.

(b)         The time of taking the meal break may be varied by agreement between the employer and employee.

15.2               Paid rest breaks

(a)          Two separate 10 minute rest breaks (in addition to meal breaks) will be allowed to each employee on duty during each ordinary shift of 7.6 hours or more.

(b)         Where less than 7.6 ordinary hours are worked, employees will be allowed one 10 minute rest break in each four hour period.

(c)          Subject to mutual agreement, such intervals may alternatively be taken as one 20 minute interval.

(d)         Rest breaks will count as time worked.

15.3               Rest Breaks – working in heat

(a)          Where work continues for more than 2 hours in temperature exceeding 46°C, employees will be entitled to a 20 minute rest break every 2 hours without deduction from pay.

(b)         The employer must take all reasonable steps to ensure that an employee takes the breaks/s to which he or she is entitled.

(c)          It will be the responsibility of the employer to ascertain the temperature.

Part 4—Wages and Allowances

16.                 Minimum rates

[Varied by PR718933, PR720159, PR723827, PR725164, PR729377, PR740801, PR762224, PR767906]

16.1               Classifications

(a)          Aboriginal and/or Torres Strait Islander Health Worker/Aboriginal and/or Torres Strait Islander Community Health Worker employees

[16.1(a) varied by PR718933, PR725164, PR729377, PR740801, PR762224 ppc 01Jul23]

An employer must pay adult employees the following minimum rates for ordinary hours worked by the employee:

Employee classification

Minimum weekly rate

(full-time employee)

Minimum hourly rate

 

$

$

Grade 1

 

 

Level 1

949.60

24.99

Grade 2

 

 

Level 1

1017.00

26.76

Level 2

1051.80

27.68

Grade 3

 

 

Level 1

1106.70

29.12

Level 2

1164.60

30.65

Level 3

1221.20

32.14

Grade 4

 

 

Level 1

1255.30

33.03

Level 2

1289.10

33.92

Level 3

1318.70

34.70

Grade 5

 

 

Level 1

1350.30

35.53

Level 2

1382.00

36.37

Level 3

1415.50

37.25

(b)         Administrative employees

[16.1(b) varied by PR718933, PR729377, PR740801, PR762224 ppc 01Jul23]

An employer must pay adult employees the following minimum rates for ordinary hours worked by the employee:

Employee classification

Minimum weekly rate

(full-time employee)

Minimum hourly rate

 

$

$

Grade 1

 

 

Level 1

943.00

24.82

Level 2

946.10

24.90

Level 3

965.40

25.41

Level 4

979.10

25.77

Level 5

1007.50

26.51

Grade 2

 

 

Level 1

1023.00

26.92

Level 2

1041.10

27.40

Level 3

1059.10

27.87

Level 4

1074.50

28.28

Level 5

1092.80

28.76

Grade 3

 

 

Level 1

1112.50

29.28

Level 2

1132.40

29.80

Level 3

1144.60

30.12

Level 4

1165.20

30.66

Grade 4

 

 

Level 1

1183.20

31.14

Level 2

1211.80

31.89

Level 3

1233.50

32.46

Level 4

1256.30

33.06

Grade 5

 

 

Level 1

1281.30

33.72

Level 2

1307.80

34.42

Level 3

1335.20

35.14

Grade 6

 

 

Level 1

1350.70

35.54

Level 2

1376.00

36.21

Level 3

1404.70

36.97

Level 4

1458.60

38.38

Level 5

1502.10

39.53

Grade 7

 

 

Level 1

1537.70

40.47

Level 2

1579.40

41.56

Grade 8

 

 

Level 1

1595.60

41.99

Level 2

1636.50

43.07

Level 3

1691.40

44.51

Level 4

1731.40

45.56

(c)          Dental employees

[16.1(c) varied by PR718933, PR729377, PR740801, PR762224 ppc 01Jul23]

An employer must pay adult employees the following minimum rates for ordinary hours worked by the employee:

Employee classification

Minimum weekly rate

(full-time employee)

Minimum hourly rate

 

$

$

Dental Assistant

 

 

Grade 1

901.00

23.71

Grade 2

918.70

24.18

Grade 3

936.70

24.65

Grade 4

995.00

26.18

Grade 5

1028.70

27.07

Dental Therapist Grade 1

 

 

Level 1

1076.30

28.32

Level 2

1104.60

29.07

Level 3

1140.00

30.00

Level 4

1184.00

31.16

Level 5

1242.40

32.69

Level 6

1299.80

34.21

Level 7

1343.80

35.36

Dental Therapist Grade 2

 

 

Level 1

1362.90

35.87

Level 2

1393.60

36.67

Level 3

1423.30

37.46

Level 4

1448.70

38.12

Level 5

1481.50

38.99

(d)         Ancillary employees

[16.1(d) varied by PR718933, PR729377, PR740801, PR762224 ppc 01Jul23]

An employer must pay adult employees the following minimum rates for ordinary hours worked by the employee:

Employee classification

Minimum weekly rate

(full-time employee)

Minimum hourly rate

 

$

$

Cleaner

936.10

24.63

Driver—Grade 1

973.90

25.63

Driver—Grade 2

999.30

26.30

Caretaker

999.30

26.30

NOTE: See Schedule B—Summary of Hourly Rates of Pay for a summary of hourly rates of pay, including overtime and penalty rates.

16.2               Junior employees

[16.2 varied by PR767906 ppc 31Dec23]

A junior employee will be paid the following percentage of the minimum rate prescribed by this award for the appropriate adult classification:

Age

% of the appropriate adult rate

Under 17 years

50%

At 17 years

60%

At 18 years

70%

At 19 years

80%

At 20 years

90%

16.3               Higher duties

An employee engaged for one day or more during any pay period on duties carrying a higher rate than their ordinary classification will be paid an allowance equal to the difference between the rate of pay for their ordinary classification and the minimum rate of pay for the higher classification.

16.4               Supported wage system

For employees who because of the effects of a disability are eligible for a supported wage, see Schedule D—Supported Wage System.

16.5               National training wage

[16.5(a) varied by PR720159 ppc 18Jun20]

(a)          Schedule E to the Miscellaneous Award 2020 sets out minimum wage rates and conditions for employees undertaking traineeships.

[16.5(b) varied by PR720159 ppc 18Jun20, PR723827, PR729377, PR740801, PR762224 ppc 01Jul23]

(b)         This award incorporates the terms of Schedule E to the Miscellaneous Award 2020 as at 1 July 2023. Provided that any reference to “this award” in Schedule E to the Miscellaneous Award 2020 is to be read as referring to the Aboriginal Community Controlled Health Services Award 2020 and not the Miscellaneous Award 2020.

[16.5(c) inserted by PR718933; deleted by PR723827 ppc 01Nov20]

17.                 Payment of wages

NOTE: Regulations 3.33(3) and 3.46(1)(g) of Fair Work Regulations 2009 set out the requirements for pay records and the content of payslips including the requirement to separately identify any allowance paid.

17.1               Wages will be paid weekly or fortnightly.

17.2               Wages will be paid by cash, cheque, or electronic funds transfer into the bank or financial institution account nominated by the employee, as determined by the employer.

17.3               Payment on termination of employment

(a)          The employer must pay an employee no later than 7 days after the day on which the employee’s employment terminates:

(i)            the employee’s wages under this award for any complete or incomplete pay period up to the end of the day of termination; and

(ii)          all other amounts that are due to the employee under this award and the NES.

(b)         The requirement to pay wages and other amounts under clause 17.3(a) is subject to further order of the Commission and the employer making deductions authorised by this award or the Act.

NOTE 1: Section 117(2) of the Act provides that an employer must not terminate an employee’s employment unless the employer has given the employee the required minimum period of notice or “has paid” to the employee payment instead of giving notice.

NOTE 2: Clause 17.3(b) allows the Commission to make an order delaying the requirement to make a payment under clause 17.3. For example, the Commission could make an order delaying the requirement to pay redundancy pay if an employer makes an application under section 120 of the Act for the Commission to reduce the amount of redundancy pay an employee is entitled to under the NES.

NOTE 3: State and Territory long service leave laws or long service leave entitlements under section 113 of the Act, may require an employer to pay an employee for accrued long service leave on the day on which the employee’s employment terminates or shortly after.

18.                 Allowances

[Varied by PR718933, PR719085, PR725164, PR729377, PR729558, PR740801, PR740964, PR762224, PR762395]

NOTE: Regulations 3.33(3) and 3.46(1)(g) of Fair Work Regulations 2009 set out the requirements for pay records and the content of payslips including the requirement to separately identify any allowance paid.

18.1               Employers must pay to an employee the allowances the employee is entitled to under clause 18.

NOTE: See Schedule C—Summary of Monetary Allowances for a summary of monetary allowances and method of adjustment.

18.2               Wage-related allowance

(a)          Bilingual qualification allowance

(i)            Bilingual means a recognised proficiency in English as well as any one of the languages normally used by the employer’s customers/clients.

[18.2(a)(ii) varied by PR718933, PR729377, PR740801, PR762224 ppc 01Jul23]

(ii)          In recognition of the increased effectiveness and productivity of bilingual employees, an employee who is competently bilingual and who is regularly required in the course of their duties to use one or more of these languages in addition to English will be paid an annual allowance of:

Level

$ per annum

Level 1

2290.09

Level 2

4583.73

(iii)        For the purposes of clause 18.2(a):

·   Level 1 is an elementary level. This level of accreditation is appropriate for employees who are capable of using a minimal knowledge of language for the purpose of simple communication.

·   Level 2 represents a level of ability for the ordinary purposes of general business, conversation, reading and writing.

(b)         Nauseous Work Allowance

[18.2(b) inserted by PR725164 ppc 01Jan21; varied by PR729377, PR740801, PR762224 ppc 01Jul23]

An allowance of $0.55 per hour or part thereof will be paid to an employee in any classification if they are engaged in handling linen of a nauseous nature other than linen sealed in airtight containers and/or for work which is of an unusually dirty or offensive nature having regard to the duty normally performed by such employee in such classification. Any employee who is entitled to be paid for this allowance will be paid a minimum amount of $2.99 for work performed in any week.

(c)          Medication Administration Allowance

[18.2(c) inserted by PR725164 ppc 01Jan21; varied by PR729377, PR740801, PR762224 ppc 01Jul23]

Aboriginal and/or Torres Strait Islander Health Workers who are qualified and permitted under law to administer medications in the performance of their duties are entitled to an allowance of $2.77 per week.

18.3               Expense-related allowances

(a)          Clothing and laundry allowances

(i)            Clothing allowance

Where the employer requires an employee to wear any special clothing such as a uniform, overalls or suitable industrial clothing, safety boots or shoes, the employer must:

·   reimburse the employee the cost of purchasing a reasonable number of such special items of clothing; or

·   provide the employee with the items of special clothing; or

·   by agreement with the employee, pay the employee the lesser of $1.20 per day or part thereof on duty or $5.92 per week.

(ii)          Laundry allowance

Where an employer requires an employee to wear any special clothing in accordance with clause 18.3(a)(i), the employer will also:

·   provide reasonable laundering and maintenance of such clothing free of cost; or

·   reimburse the employee for reasonable laundering and maintenance of such clothing; or

·   pay the employee the lesser of $0.26 per day or part thereof on duty and $1.29 per week.

(iii)        All special clothing provided by the employer will remain the property of the employer.

(iv)        The clothing allowance but not the laundry allowance will be paid during all absences on leave, except absences on long service leave and absences on personal/carer’s leave beyond 21 days.

(v)          Where, prior to the taking of leave, an employee was paid a clothing allowance other than at the weekly rate, the rate to be paid during absence on leave will be an average of the allowance paid during the 4 weeks immediately preceding the taking of leave.

(b)         Travelling, transport and fares

[18.3(b)(i) varied by PR719085, PR740964, PR762395 ppc 01Jul23]

(i)            An employee required and authorised to use their own motor vehicle in the course of their duties will be paid an allowance of not less than $0.96 per kilometre.

(ii)          When an employee is involved in travelling on duty, all reasonably incurred expenses with respect to fares, meals and accommodation will be met by the employer on production of receipts or other evidence acceptable to the employer.

(iii)        The employee and employer must agree prior to travel commencing as to the standard of travel, accommodation and meals to be paid before any allowance is paid.

(iv)        The employee will not be entitled to reimbursement for expenses referred to in clause 18.3(b)(ii) which exceed the mode of transport, meals or the standard of accommodation agreed with the employer, for these purposes.

(v)          Where an employee is required to work at a place away from their normal place of work, all time reasonably spent travelling to and from the place of work will be paid for at the minimum hourly rate for the employee’s classification and level.

(c)          Meal allowance

[18.3(c)(i) varied by PR719085, PR729558, PR740964, PR762395 ppc 01Jul23]

(i)            An employee required to work more than one hour after the usual finishing time or, in the case of a shiftworker, when the overtime work on any shift exceeds one hour, the employer must:

·   supply an adequate meal, where the employer has adequate cooking and dining facilities; or

·   pay a meal allowance of $15.20 in addition to any overtime payments.

[18.3(c)(ii) varied by PR719085, PR729558, PR740964, PR762395 ppc 01Jul23]

(ii)          Where overtime work referred to in clause 18.3(c)(i) exceeds 4 hours, an additional meal allowance of $13.70 must be paid.

(iii)        Clauses 18.3(c)(i) and 18.3(c)(ii) will not apply when an employee could reasonably return home for a meal within the meal break.

(iv)        On request, the meal allowance will be paid on the same day as the overtime is worked.

(d)         Telephone allowance

[18.3(d) inserted by PR725164 ppc 01Jan21]

Where the employer requires an employee to install and/or maintain a telephone for the purpose of being on call, the employer will refund the installation costs and the subsequent rental charges on production of receipted accounts. This clause will not apply where the employer provides the employee with a mobile telephone for the purpose of being on call.

(e)          Blood count allowance

[18.3(e) inserted by PR725164 ppc 01Jan21]

Any employee exposed to radiation hazards in the course of their work will be entitled to a blood count as often as is considered necessary and will be reimbursed for any out of pocket expenses arising from such a test.

(f)           Replacement, Cleaning or Repair to Damaged Clothing Allowance

[18.3(f) inserted by PR725164 ppc 01Jan21]

Where an employee, in the course of their employment suffers any damage to or soiling of clothing or other personal effects, the employer will be liable for the replacement, repair or cleaning of such clothing or personal effects provided, where practicable, immediate notification is given to the employer of such soiling as soon as possible.

19.                 Superannuation

[Varied by PR771391]

19.1               Superannuation legislation

[19.1 substituted by PR771391 ppc 09Apr24]

(a)          The NES and Superannuation legislation, including the Superannuation Guarantee (Administration) Act 1992 (Cth), the Superannuation Guarantee Charge Act 1992 (Cth), the Superannuation Industry (Supervision) Act 1993 (Cth) and the Superannuation (Resolution of Complaints) Act 1993 (Cth), deal with the superannuation rights and obligations of employers and employees.

(b)         The rights and obligations in clause 19 supplement those in superannuation legislation and the NES.

NOTE: Under superannuation legislation:

(a) Individual employees generally have the opportunity to choose their own superannuation fund.

(b) If a new employee does not choose a superannuation fund, the employer must ask the Australian Taxation Office (ATO) whether the employee is an existing member of a stapled superannuation fund and, if stapled fund details are provided by the ATO, make contributions to the stapled fund.

(c) If an employee does not choose a superannuation fund and does not have a stapled fund, the choice of superannuation fund requirements will be satisfied by contributions made to a superannuation fund nominated in the award covering the employee, provided the fund is able to accept contributions for the benefit of the employee.

(d) A fund may not be able to accept contributions for the benefit of an employee if the employee would be a new member of the fund’s MySuper product and the MySuper product is closed to new members because it has failed the performance tests of Australian Prudential Regulation Authority (APRA) for 2 consecutive years.

19.2               Employer contributions

An employer must make such superannuation contributions to a superannuation fund for the benefit of an employee as will avoid the employer being required to pay the superannuation guarantee charge under superannuation legislation with respect to that employee.

19.3               Voluntary employee contributions

(a)          Subject to the governing rules of the relevant superannuation fund, an employee may, in writing, authorise their employer to pay on behalf of the employee a specified amount from the post-taxation wages of the employee into the same superannuation fund as the employer makes the superannuation contributions provided for in clause 19.2.

(b)         An employee may adjust the amount the employee has authorised their employer to pay from the wages of the employee from the first of the month following the giving of three months’ written notice to their employer.

(c)          The employer must pay the amount authorised under clauses 19.3(a) or 19.3(b) no later than 28 days after the end of the month in which the deduction authorised under clauses 19.3(a) or 19.3(b) was made.

19.4               Superannuation fund

[19.4 varied by PR771391 ppc 09Apr24]

Unless, to comply with superannuation legislation, the employer is required to make the superannuation contributions provided for in clause 19.2 to another superannuation fund, the employer must make the superannuation contributions provided for in clause 19.2 and pay any amount authorised under clauses 19.3(a) or 19.3(b) to one of the following superannuation funds or its successor, provided that, in respect of new employees, the fund is able to accept new beneficiaries:

(a)          AustralianSuper; or

(b)         HESTA Super; or

(c)          any superannuation fund to which the employer was making superannuation contributions for the benefit of its employees before 12 September 2008, provided the superannuation fund is an eligible choice fund and is a fund that offers a MySuper product or is an exempt public sector superannuation scheme; or

(d)         a superannuation fund or scheme which the employee is a defined benefit member of.

Part 5—Overtime and Penalty Rates

20.                 Overtime

[Varied by PR718933, PR723840, PR729377, PR740801, PR747475, PR762224, PR763322]

20.1               Overtime rates—full-time and part-time employees

[20.1 renamed by PR723840 ppc 20Nov20]

[20.1(a) substituted by PR723840 ppc 20Nov20]

(a)          A full-time or part-time employee will be paid at 150% of the minimum hourly rate for the first 2 hours and at 200% of the minimum hourly rate after 2 hours for all work performed:

(i)            in excess of the number of hours fixed as a day’s, a week’s or a fortnight’s work (as the case may be); or

(ii)          outside the span of hours in clause 13.3(a).

(b)         Broken shifts

[20.1(b) varied by PR723840 ppc 20Nov20]

For all work performed by a full-time or part-time employee rostered to work a broken shift, the employee will be paid:

(i)            for work outside a spread of 9 hours from the time of commencing work—150% of the minimum hourly rate; and

(ii)          for work outside a spread of 12 hours from the time of commencing work—200% of the minimum hourly rate.

20.2               Overtime rates—casual employees

[New 20.2 inserted by PR723840 ppc 20Nov20]

(a)          A casual employee will be paid at 175% of the minimum hourly rate for the first 2 hours and at 225% of the minimum hourly rate after 2 hours for all work performed:

(i)            in excess of the number of hours fixed as a day’s, a week’s or a fortnight’s work (as the case may be); or

(ii)          outside the span of hours in clause 13.3(a).

(b)         Broken shifts

For all work performed by a casual employee rostered to work a broken shift, the employee will be paid:

(i)            for work outside a spread of 9 hours from the time of commencing work—175% of the minimum hourly rate; and

(ii)          for work outside a spread of 12 hours from the time of commencing work—225% of the minimum hourly rate.

NOTE: The overtime rates for casual employees have been calculated by adding the casual loading prescribed by clause to the overtime rates for full-time and part-time employees prescribed by clause 20.1.

20.3               Minimum engagement for weekend and public holiday work

[20.2 renumbered as 20.3 by PR723840; paragraph in 20.3 numbered as 20.3(a) by PR747475 ppc 14Nov22]

(a)          An employee required to work overtime on a Saturday, Sunday or public holiday, will be engaged for at least 4 hours’ or paid for 4 hours’ work at the appropriate rate, except where such overtime is continuous with overtime commenced on the previous day.

[20.3(b) inserted by PR747475 ppc 14Nov22]

(b)         Hours of work performed immediately before or after a part-day public holiday, that form part of one continuous shift, are counted as part of the minimum payment/engagement period in clause 20.3(a).

[20.3 renumbered as 20.4 by PR723840 ppc 20Nov20]

20.4               These extra rates will be in substitution for and not cumulative upon the shift penalty rates prescribed in clause 21Shiftwork.

20.5               Rest period after overtime

[20.4 renumbered as 20.5 by PR723840 ppc 20Nov20]

(a)          If an employee works so much overtime between the end of their ordinary hours on one day and the start of ordinary hours on the next day that they do not have at least 10 consecutive hours off duty, the employer must:

(i)            release the employee after the end of the overtime until the employee has had at least 10 consecutive hours off duty; and

(ii)          pay the employee for any ordinary working time that falls within the period of absence.

(b)         If the employer requires the employee to resume or continue work, and the employee has not had 10 consecutive hours off duty, the employer must:

[20.5(b)(i) substituted by PR723840 ppc 20Nov20]

(i)            pay the full-time or part-time employee at 200% of the minimum hourly rate or the casual employee at 225% of the minimum hourly rate, until the employee is released for 10 consecutive hours; and

(ii)          once the employee is released from duty, pay the employee for any ordinary working time that falls within the period of absence.

[Note inserted by PR723840 ppc 20Nov20]

NOTE: The overtime rate for casual employees has been calculated by adding the casual loading prescribed by clause 11.1(b) to the overtime rates for full-time and part-time employees prescribed by clause 20.5(b)(i).

20.6               Time off instead of payment for overtime

[20.5 renumbered as 20.6 by PR723840 ppc 20Nov20]

(a)          An employee and employer may agree in writing to the employee taking time off instead of being paid for a particular amount of overtime that has been worked by the employee.

(b)         Any amount of overtime that has been worked by an employee in a particular pay period and that is to be taken as time off instead of the employee being paid for it must be the subject of a separate agreement under clause 20.6.

(c)          An agreement must state each of the following:

(i)            the number of overtime hours to which it applies and when those hours were worked;

(ii)          that the employer and employee agree that the employee may take time off instead of being paid for the overtime;

(iii)        that, if the employee requests at any time, the employer must pay the employee, for overtime covered by the agreement but not taken as time off, at the overtime rate applicable to the overtime when worked;

(iv)        that any payment mentioned in clause 20.6(c)(iii) must be made in the next pay period following the request.

NOTE: An example of the type of agreement required by clause 20.6 is set out at Schedule E—Agreement for Time Off Instead of Payment for Overtime. There is no requirement to use the form of agreement set out at Schedule E—Agreement for Time Off Instead of Payment for Overtime. An agreement under clause 20.6 can also be made by an exchange of emails between the employee and employer, or by other electronic means.

(d)         The period of time off that an employee is entitled to take is the same as the number of overtime hours worked.

EXAMPLE: By making an agreement under clause 20.6 an employee who worked 2 overtime hours is entitled to 2 hours’ time off.

(e)          Time off must be taken:

(i)            within the period of 6 months after the overtime is worked; and

(ii)          at a time or times within that period of 6 months agreed by the employee and employer.

(f)           If the employee requests at any time, to be paid for overtime covered by an agreement under clause 20.6 but not taken as time off, the employer must pay the employee for the overtime, in the next pay period following the request, at the overtime rate applicable to the overtime when worked.

(g)          If time off for overtime that has been worked is not taken within the period of 6 months mentioned in clause 20.6(e), the employer must pay the employee for the overtime, in the next pay period following those 6 months, at the overtime rate applicable to the overtime when worked.

(h)         The employer must keep a copy of any agreement under clause 20.6 as an employee record.

(i)            An employer must not exert undue influence or undue pressure on an employee in relation to a decision by the employee to make, or not make, an agreement to take time off instead of payment for overtime.

(j)           An employee may, under section 65 of the Act, request to take time off, at a time or times specified in the request or to be subsequently agreed by the employer and the employee, instead of being paid for overtime worked by the employee. If the employer agrees to the request then clause 20.6 will apply, including the requirement for separate written agreements under clause 20.6(b) for overtime that has been worked.

[Note varied by PR763322 ppc 01Aug23]

NOTE: If an employee makes a request under section 65 of the Act for a change in working arrangements, the employer may only refuse that request on reasonable business grounds (see section 65A(3) of the Act).

(k)         If, on the termination of the employee’s employment, time off for overtime worked by the employee to which clause 20.6 applies has not been taken, the employer must pay the employee for the overtime at the overtime rate applicable to the overtime when worked.

NOTE: Under section 345(1) of the Act, a person must not knowingly or recklessly make a false or misleading representation about the workplace rights of another person under clause 20.6.

20.7               On-call and recall

[20.6 renumbered as 20.7 by PR723840 ppc 20Nov20]

(a)          If an employee is rostered by the employer to remain on-call and in readiness to be recalled to work after ordinary working hours, the employee will be paid an on-call allowance of:

[20.7(a)(i) varied by PR718933, PR729377, PR740801, PR762224 ppc 01Jul23]

(i)            $21.80 for any 24 hour period or part thereof during which the employee is on-call during an off duty period; or

[20.7(a)(ii) varied by PR718933, PR729377, PR740801, PR762224 ppc 01Jul23]

(ii)          $43.60 for any 24 hour period or part thereof on any public holiday during which the employee is on-call.

(b)         An employee who is on-call and is recalled for duty for any period during an off duty period, will be paid from the time of receiving recall until the time of finishing recall duty, with a minimum of one hour’s payment for such recall at the following rates:

(i)            within a spread of 12 hours from the commencement of the last period of ordinary duty—150% of the minimum hourly rate;

(ii)          outside a spread of 12 hours from the commencement of the last period of ordinary duty—200% of the minimum hourly rate; or

(iii)        on days observed as public holidays—200% of the minimum hourly rate.

(c)          If the employee is recalled and does not have an uninterrupted break of 6 hours between midnight and the time of commencement of the next period of ordinary duty, the employee will be entitled to 6 hours off duty from the time of finishing the last recall to the time of commencing the next period of duty without loss of pay.

(d)         An employee who is recalled to work overtime during an off duty period and which is not continuous with the next succeeding rostered period of duty will be paid for a minimum of 3 hours’ work at the appropriate overtime rate.

(e)          Clause 20.7(d) will not apply:

(i)            in cases where it is customary for an employee to return to the employer’s premises for periods not exceeding 30 minutes each to perform a specific job outside their ordinary working hours in which case the employee will be paid for a minimum of one hour’s work at the appropriate rate for each time the employee is so recalled; or

(ii)          where the overtime is continuous (subject to a reasonable meal break) with the commencement of ordinary working time.

[20.7 renumbered as 20.8 by PR723840 ppc 20Nov20]

20.8               In the event of an employee finishing any period of overtime at a time when reasonable means of transport are not available for the employee to return to their place of residence, the employer will provide adequate transport free of cost to the employee.

21.                 Shiftwork

21.1               If the ordinary rostered hours of work of an employee start or finish between 7.00 pm and 7.00 am, the employee will be paid at 115% of the minimum hourly rate for their classification.

21.2               If a shiftworker is required to work ordinary hours continuously for a period exceeding 4 weeks on a shift wholly within the hours of 7.00 pm and 7.00 am the employee will be paid at 130% of the minimum hourly rate for their classification for that shift.

21.3               A shiftworker will be paid at 150% of the minimum hourly rate for their classification for ordinary hours worked on a Saturday.

21.4               A shiftworker will be paid at 200% of the minimum hourly rate for their classification for ordinary hours worked on a Sunday.

21.5               Shift penalty rates for casual employees are calculated upon the employee’s minimum hourly rate, prior to the addition of the 25% casual loading.

21.6               The whole of a shift will be deemed to be worked on the day on which the shift commenced.

Part 6—Leave and Public Holidays

22.                 Annual leave

[Varied by PR751112]

22.1               Leave entitlement

(a)          Annual leave is provided for in the NES. Clause 22 contains additional provisions. It does not apply to casual employees.

(b)         For the purpose of the NES a shiftworker is defined as an employee who is regularly rostered to work ordinary shifts on Sundays and public holidays (that is, not less than 10 in any 12 month period).

NOTE: Where an employee is receiving over-award payments such that the employee’s base rate of pay is higher than the rate specified under this award, the employee is entitled to receive the higher rate while on a period of paid annual leave (see sections 16 and 90 of the Act).

22.2               Annual leave loading

(a)          In addition to their ordinary pay, an employee, other than a shiftworker, will be paid an annual leave loading of 17.5% of their ordinary rate of pay.

(b)         Shiftworkers, in addition to their ordinary pay, will be paid the higher of:

(i)            an annual leave loading of 17.5% of their ordinary rate of pay; or

(ii)          the weekend and shift penalties the employee would have received had they not been on leave during the relevant period.

22.3               Direction to take annual leave during shutdown

[22.3 renamed and substituted by PR751112 ppc 01May23]

(a)          Clause 22.3 applies if an employer:

(i)            intends to shut down all or part of its operation for a particular period (temporary shutdown period); and

(ii)          wishes to require affected employees to take paid annual leave during that period.

(b)         The employer must give the affected employees 28 days’ written notice of a temporary shutdown period, or any shorter period agreed between the employer and the majority of relevant employees.

(c)          The employer must give written notice of a temporary shutdown period to any employee who is engaged after the notice is given under clause 22.3(b) and who will be affected by that period, as soon as reasonably practicable after the employee is engaged.

(d)         The employer may direct the employee to take a period of paid annual leave to which the employee has accrued an entitlement during a temporary shutdown period.

(e)          A direction by the employer under clause 22.3(d):

(i)            must be in writing; and

(ii)          must be reasonable.

(f)           The employee must take paid annual leave in accordance with a direction under clause 22.3(d).

(g)          In respect of any part of a temporary shutdown period which is not the subject of a direction under clause 22.3(d), an employer and an employee may agree, in writing, for the employee to take leave without pay during that part of the temporary shutdown period.

(h)         An employee may take annual leave in advance during a temporary shutdown period in accordance with an agreement under clause 22.5.

(i)            In determining the amount of paid annual leave to which an employee has accrued an entitlement, any period of paid annual leave taken in advance by the employee, in accordance with an agreement under clause 22.5, to which an entitlement has not been accrued, is to be taken into account.

(j)           Clauses 22.7 to 22.9 do not apply to a period of annual leave that an employee is required to take during a temporary shutdown period in accordance with clause 22.3.

22.4               Public holidays falling during annual leave

Annual leave will be exclusive of any public holidays prescribed in the NES or clause 28—Public holidays of this award.

22.5               Annual leave in advance

(a)          An employer and employee may agree in writing to the employee taking a period of paid annual leave before the employee has accrued an entitlement to the leave.

(b)         An agreement must:

(i)            state the amount of leave to be taken in advance and the date on which leave is to commence; and

(ii)          be signed by the employer and employee and, if the employee is under 18 years of age, by the employee’s parent or guardian.

NOTE: An example of the type of agreement required by clause 22.5 is set out at Schedule F—Agreement to Take Annual Leave in Advance. There is no requirement to use the form of agreement set out at Schedule F—Agreement to Take Annual Leave in Advance.

(c)          The employer must keep a copy of any agreement under clause 22.5 as an employee record.

(d)         If, on the termination of the employee’s employment, the employee has not accrued an entitlement to all of a period of paid annual leave already taken in accordance with an agreement under clause 22.5, the employer may deduct from any money due to the employee on termination an amount equal to the amount that was paid to the employee in respect of any part of the period of annual leave taken in advance to which an entitlement has not been accrued.

22.6               Cashing out of annual leave

(a)          Paid annual leave must not be cashed out except in accordance with an agreement under clause 22.6.

(b)         Each cashing out of a particular amount of paid annual leave must be the subject of a separate agreement under clause 22.6.

(c)          An employer and an employee may agree in writing to the cashing out of a particular amount of accrued paid annual leave by the employee.

(d)         An agreement under clause 22.6 must state:

(i)            the amount of leave to be cashed out and the payment to be made to the employee for it; and

(ii)          the date on which the payment is to be made.

(e)          An agreement under clause 22.6 must be signed by the employer and employee and, if the employee is under 18 years of age, by the employee’s parent or guardian.

(f)           The payment must not be less than the amount that would have been payable had the employee taken the leave at the time the payment is made.

(g)          An agreement must not result in the employee’s remaining accrued entitlement to paid annual leave being less than 4 weeks.

(h)         The maximum amount of accrued paid annual leave that may be cashed out in any period of 12 months is 2 weeks.

(i)            The employer must keep a copy of any agreement under clause 22.6 as an employee record.

NOTE 1: Under section 344 of the Act, an employer must not exert undue influence or undue pressure on an employee to make, or not make, an agreement under clause 22.6.

NOTE 2: Under section 345(1) of the Act, a person must not knowingly or recklessly make a false or misleading representation about the workplace rights of another person under clause 22.6.

NOTE 3: An example of the type of agreement required by clause 22.6 is set out at Schedule G—Agreement to Cash Out Annual Leave. There is no requirement to use the form of agreement set out at Schedule G—Agreement to Cash Out Annual Leave.

22.7               Excessive leave accruals: general provision

NOTE: Clauses 22.7 to 22.9 contain provisions, additional to the NES, about the taking of paid annual leave as a way of dealing with the accrual of excessive paid annual leave. See Part 2.2, Division 6 of the Act.

(a)          An employee has an excessive leave accrual if the employee has accrued more than 8 weeks’ paid annual leave (or 10 weeks’ paid annual leave for a shiftworker, as defined by clause 22.1(b)).

(b)         If an employee has an excessive leave accrual, the employer or the employee may seek to confer with the other and genuinely try to reach agreement on how to reduce or eliminate the excessive leave accrual.

(c)          Clause 22.8 sets out how an employer may direct an employee who has an excessive leave accrual to take paid annual leave.

(d)         Clause 22.9 sets out how an employee who has an excessive leave accrual may require an employer to grant paid annual leave requested by the employee.

22.8               Excessive leave accruals: direction by employer that leave be taken

(a)          If an employer has genuinely tried to reach agreement with an employee under clause 22.7(b) but agreement is not reached (including because the employee refuses to confer), the employer may direct the employee in writing to take one or more periods of paid annual leave.

(b)         However, a direction by the employer under clause 22.8(a):

(i)            is of no effect if it would result at any time in the employee’s remaining accrued entitlement to paid annual leave being less than 6 weeks when any other paid annual leave arrangements (whether made under clause 22.7, 22.8 or 22.9 or otherwise agreed by the employer and employee) are taken into account; and

(ii)          must not require the employee to take any period of paid annual leave of less than one week; and

(iii)        must not require the employee to take a period of paid annual leave beginning less than 8 weeks, or more than 12 months, after the direction is given; and

(iv)        must not be inconsistent with any leave arrangement agreed by the employer and employee.

(c)          The employee must take paid annual leave in accordance with a direction under clause 22.8(a) that is in effect.

(d)         An employee to whom a direction has been given under clause 22.8(a) may request to take a period of paid annual leave as if the direction had not been given.

NOTE 1: Paid annual leave arising from a request mentioned in clause 22.8(d) may result in the direction ceasing to have effect. See clause 22.8(b)(i).

NOTE 2: Under section 88(2) of the Act, the employer must not unreasonably refuse to agree to a request by the employee to take paid annual leave.

22.9               Excessive leave accruals: request by employee for leave

(a)          If an employee has genuinely tried to reach agreement with an employer under clause 22.7(b) but agreement is not reached (including because the employer refuses to confer), the employee may give a written notice to the employer requesting to take one or more periods of paid annual leave.

(b)         However, an employee may only give a notice to the employer under clause 22.9(a) if:

(i)            the employee has had an excessive leave accrual for more than 6 months at the time of giving the notice; and

(ii)          the employee has not been given a direction under clause 22.8(a) that, when any other paid annual leave arrangements (whether made under clause 22.7, 22.8 or 22.9 or otherwise agreed by the employer and employee) are taken into account, would eliminate the employee’s excessive leave accrual.

(c)          A notice given by an employee under clause 22.9(a) must not:

(i)            if granted, result in the employee’s remaining accrued entitlement to paid annual leave being at any time less than 6 weeks when any other paid annual leave arrangements (whether made under clause 22.7, 22.8 or 22.9 or otherwise agreed by the employer and employee) are taken into account; or

(ii)          provide for the employee to take any period of paid annual leave of less than one week; or

(iii)        provide for the employee to take a period of paid annual leave beginning less than 8 weeks, or more than 12 months, after the notice is given; or

(iv)        be inconsistent with any leave arrangement agreed by the employer and employee.

(d)         An employee is not entitled to request by a notice under clause 22.9(a) more than 4 weeks’ paid annual leave (or 5 weeks’ paid annual leave for a shiftworker, as defined by clause 22.1(b)) in any period of 12 months.

(e)          The employer must grant paid annual leave requested by a notice under clause 22.9(a).

23.                 Personal/carer’s leave and compassionate leave

Personal/carer’s leave and compassionate leave are provided for in the NES.

24.                 Parental leave and related entitlements

[24 varied by PR763322 ppc 01Aug23]

Parental leave and related entitlements are provided for in the NES.

NOTE: Disputes about requests for extensions to unpaid parental leave may be dealt with under clause 31—Dispute resolution and/or under section 76B of the Act.

25.                 Community service leave

Community service leave is provided for in the NES

26.                 Ceremonial leave

[Substituted by PR725164 ppc 01Jan21]

An employee who is legitimately required by indigenous tradition to be absent from work for Aboriginal or Torres Strait Islander ceremonial purposes, including for bereavement related ceremonies and obligations, will be entitled to up to 10 working days unpaid leave in any one year, with the approval of the employer.

27.                 Family and domestic violence leave

[27—Unpaid family and domestic violence leave renamed and substituted by PR750405 ppc 15Mar23]

Family and domestic violence leave is provided for in the NES.

NOTE 1: Information provided to employers concerning an employee’s experience of family and domestic violence is sensitive and if mishandled can have adverse consequences for the employee. Employers are subject to confidentiality requirements regarding the handling of this information under section 106C of the Act and requirements as to what can be reported on payslips pursuant to regulations 3.47 and 3.48 of the Fair Work Regulations 2009.

NOTE 2: Depending upon the circumstances, evidence that would satisfy a reasonable person of the employee’s need to take family and domestic violence leave may include a document issued by the police service, a court or family violence support service, or a statutory declaration.

28.                 Public holidays

[Varied by PR747475]

28.1               Public holiday entitlements are provided for in the NES.

28.2               Payment for working on a public holiday

(a)          Any employee required to work on a public holiday will be paid as follows:

(i)            at the rate of 250% of the minimum hourly rate for all time worked; or

(ii)          at the rate of 150% of the minimum hourly rate, plus one day off at the ordinary time rate, that is, an hour for each hour worked.

(b)         Casual employees who are required to work on public holidays will, instead of the casual loading in clause 11.1(b), be paid an additional 50% of the minimum hourly rate for such work.

28.3               Substitution

(a)          An employer and employee may agree to substitute another day for a day that would otherwise be a public holiday under the NES.

(b)         An employer and employee may agree to substitute another part-day for a part-day that would otherwise be a part-day public holiday under the NES.

[28.4 deleted by PR747475 ppc 14Nov22]

Part 7—Consultation and Dispute Resolution

29.                 Consultation about major workplace change

29.1               If an employer makes a definite decision to make major changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, the employer must:

(a)          give notice of the changes to all employees who may be affected by them and their representatives (if any); and

(b)         discuss with affected employees and their representatives (if any):

(i)            the introduction of the changes; and

(ii)          their likely effect on employees; and

(iii)        measures to avoid or reduce the adverse effects of the changes on employees; and

(c)          commence discussions as soon as practicable after a definite decision has been made.

29.2               For the purposes of the discussion under clause 29.1(b), the employer must give in writing to the affected employees and their representatives (if any) all relevant information about the changes including:

(a)          their nature; and

(b)         their expected effect on employees; and

(c)          any other matters likely to affect employees.

29.3               Clause 29.2 does not require an employer to disclose any confidential information if its disclosure would be contrary to the employer’s interests.

29.4               The employer must promptly consider any matters raised by the employees or their representatives about the changes in the course of the discussion under clause 29.1(b).

29.5               In clause 29 significant effects, on employees, includes any of the following:

(a)          termination of employment; or

(b)         major changes in the composition, operation or size of the employer’s workforce or in the skills required; or

(c)          loss of, or reduction in, job or promotion opportunities; or

(d)         loss of, or reduction in, job tenure; or

(e)          alteration of hours of work; or

(f)           the need for employees to be retrained or transferred to other work or locations; or

(g)          job restructuring.

29.6               Where this award makes provision for alteration of any of the matters defined at clause 29.5, such alteration is taken not to have significant effect.

30.                 Consultation about changes to rosters or hours of work

30.1               Clause 30 applies if an employer proposes to change the regular roster or ordinary hours of work of an employee, other than an employee whose working hours are irregular, sporadic or unpredictable.

30.2               The employer must consult with any employees affected by the proposed change and their representatives (if any).

30.3               For the purpose of the consultation, the employer must:

(a)          provide to the employees and representatives mentioned in clause 30.2 information about the proposed change (for example, information about the nature of the change and when it is to begin); and

(b)         invite the employees to give their views about the impact of the proposed change on them (including any impact on their family or caring responsibilities) and also invite their representative (if any) to give their views about that impact.

30.4               The employer must consider any views given under clause 30.3(b).

30.5               Clause 30 is to be read in conjunction with any other provisions of this award concerning the scheduling of work or the giving of notice.

31.                 Dispute resolution

[Varied by PR763322]

31.1               Clause 31 sets out the procedures to be followed if a dispute arises about a matter under this award or in relation to the NES.

31.2               The parties to the dispute must first try to resolve the dispute at the workplace through discussion between the employee or employees concerned and the relevant supervisor.

31.3               If the dispute is not resolved through discussion as mentioned in clause 31.2, the parties to the dispute must then try to resolve it in a timely manner at the workplace through discussion between the employee or employees concerned and more senior levels of management, as appropriate.

31.4               If the dispute is unable to be resolved at the workplace and all appropriate steps have been taken under clauses 31.2 and 31.3, a party to the dispute may refer it to the Fair Work Commission.

31.5               The parties may agree on the process to be followed by the Fair Work Commission in dealing with the dispute, including mediation, conciliation and consent arbitration.

31.6               If the dispute remains unresolved, the Fair Work Commission may use any method of dispute resolution that it is permitted by the Act to use and that it considers appropriate for resolving the dispute.

31.7               A party to the dispute may appoint a person, organisation or association to support and/or represent them in any discussion or process under clause 31.

31.8               While procedures are being followed under clause 31 in relation to a dispute:

(a)          work must continue in accordance with this award and the Act; and

(b)         an employee must not unreasonably fail to comply with any direction given by the employer about performing work, whether at the same or another workplace, that is safe and appropriate for the employee to perform.

31.9               Clause 31.8 is subject to any applicable work health and safety legislation.

[Note 1 inserted by PR763322 ppc 01Aug23]

NOTE 1: In addition to clause 31, a dispute resolution procedure for disputes regarding the NES entitlement to request flexible working arrangements is contained in section 65B of the Act.

[Note 2 inserted by PR763322 ppc 01Aug23]

NOTE 2: In addition to clause 31, a dispute resolution procedure for disputes regarding the NES entitlement to request an extension to unpaid parental leave is contained in section 76B of the Act.

Part 8—Termination of Employment and Redundancy

32.                 Termination of employment

NOTE: The NES sets out requirements for notice of termination by an employer. See sections 117 and 123 of the Act.

32.1               Notice of termination by an employee

(a)          Clause 32.1 applies to all employees except those identified in sections 123(1) and 123(3) of the Act.

(b)         An employee must give the employer notice of termination in accordance with Table 1—Period of notice of at least the period specified in column 2 according to the period of continuous service of the employee specified in column 1.

Table 1—Period of notice

Column 1

Employee’s period of continuous service with the employer at the end of the day the notice is given

Column 2

Period of notice

Not more than 1 year

1 week

More than 1 year but not more than 3 years

2 weeks

More than 3 years but not more than 5 years

3 weeks

More than 5 years

4 weeks

NOTE: The notice of termination required to be given by an employee is the same as that required of an employer except that the employee does not have to give additional notice based on the age of the employee.

(c)          In clause 32.1(b) continuous service has the same meaning as in section 117 of the Act.

(d)         If an employee who is at least 18 years old does not give the period of notice required under clause 32.1(b), then the employer may deduct from wages due to the employee under this award an amount that is no more than one week’s wages for the employee.

(e)          If the employer has agreed to a shorter period of notice than that required under clause 32.1(b), then no deduction can be made under clause 32.1(d).

(f)           Any deduction made under clause 32.1(d) must not be unreasonable in the circumstances.

32.2               Job search entitlement

(a)          Where an employer has given notice of termination to an employee, the employee must be allowed time off without loss of pay of up to one day for the purpose of seeking other employment.

(b)         The time off under clause 32.2 is to be taken at times that are convenient to the employee after consultation with the employer.

33.                 Redundancy

NOTE: Redundancy pay is provided for in the NES. See sections 119 to 123 of the Act.

33.1               Transfer to lower paid duties on redundancy

(a)          Clause 33.1 applies if, because of redundancy, an employee is transferred to new duties to which a lower ordinary rate of pay applies.

(b)         The employer may:

(i)            give the employee notice of the transfer of at least the same length as the employee would be entitled to under section 117 of the Act as if it were a notice of termination given by the employer; or

(ii)          transfer the employee to the new duties without giving notice of transfer or before the expiry of a notice of transfer, provided that the employer pays the employee as set out in clause 33.1(c).

(c)          If the employer acts as mentioned in clause 33.1(b)(ii), the employee is entitled to a payment of an amount equal to the difference between the ordinary rate of pay of the employee (inclusive of all-purpose allowances, shift rates and penalty rates applicable to ordinary hours) for the hours of work the employee would have worked in the first role, and the ordinary rate of pay (also inclusive of all-purpose allowances, shift rates and penalty rates applicable to ordinary hours) of the employee in the second role for the period for which notice was not given.

33.2               Employee leaving during redundancy notice period

(a)          An employee given notice of termination in circumstances of redundancy may terminate their employment during the minimum period of notice prescribed by section 117(3) of the Act.

(b)         The employee is entitled to receive the benefits and payments they would have received under clause 33 or under sections 119 to 123 of the Act had they remained in employment until the expiry of the notice.

(c)          However, the employee is not entitled to be paid for any part of the period of notice remaining after the employee ceased to be employed.

33.3               Job search entitlement

(a)          Where an employer has given notice of termination to an employee in circumstances of redundancy, the employee must be allowed time off without loss of pay of up to one day each week of the minimum period of notice prescribed by section 117(3) of the Act for the purpose of seeking other employment.

(b)         If an employee is allowed time off without loss of pay of more than one day under clause 33.3(a), the employee must, at the request of the employer, produce proof of attendance at an interview.

(c)          A statutory declaration is sufficient for the purpose of clause 33.3(b).

(d)         An employee who fails to produce proof when required under clause 33.3(b) is not entitled to be paid for the time off.

(e)          This entitlement applies instead of clause 32.2.


 

Schedule AClassification Definitions

[Varied by PR725164; corrected by PR727048]

A.1                Definitions

In this schedule:

A.1.1            Aboriginal and/or Torres Strait Islander knowledge and cultural skills—level 1 means:

(a)          an understanding, awareness and sensitivity to Aboriginal and/or Torres Strait Islander culture and lore, kinship and skin relationships, local cultural values, the ability to conduct oneself in a culturally appropriate manner and an understanding that Aboriginal and/or Torres Strait Islander culture is not homogenous throughout Australia;

(b)          where relevant, a knowledge of one or more relevant Australian Aboriginal and/or Torres Strait Islander language groups;

(c)           an ability to deliver or assist in the delivery of effective and appropriate services to an Aboriginal and/or Torres Strait Islander clientele through knowledge of the relevant Australian Aboriginal and/or Torres Strait Islander community, the ability to effectively communicate with Aboriginal and/or Torres Strait Islander people, and a knowledge of cultural conventions and appropriate behaviour;

(d)          an awareness of the history and role of Aboriginal and/or Torres Strait Islander organisations in the relevant region, an understanding of the organisations and their goals and the environment in which the organisations operate;

(e)          the ability to function effectively at work in an Aboriginal and/or Torres Strait Islander organisation; and

(f)            an understanding and/or awareness of the concepts of Aboriginal and/or Torres Strait Islander self‑determination and Aboriginal and/or Torres Strait Islander identity.

A.1.2            Aboriginal and/or Torres Strait Islander knowledge and cultural skills—level 2 means Aboriginal and/or Torres Strait Islander knowledge and cultural skills—level 1 plus a thorough knowledge of the history and role of Aboriginal and/or Torres Strait Islander organisations in the region, including an understanding of the organisations and their goals and knowledge of the political and economic environment in which the organisations operate.

A.1.3            Aboriginal and/or Torres Strait Islander knowledge and cultural skills—level 3 means Aboriginal and/or Torres Strait Islander knowledge and cultural skills levels 1 and 2, plus an understanding, awareness and/or sensitivity to local, national and international cultural values and a clear understanding of Aboriginal and/or Torres Strait Islander organisations, their establishment and goals, and the political and economic environment in which the organisations operate at a local, national and international level.

A.2                Aboriginal and/or Torres Strait Islander Health Workers

[A.2 substituted by PR725164 ppc 01Jan21]

A.2.1            Aboriginal and/or Torres Strait Islander Health Worker Trainee (Entry) (Health Worker Trainee) - Grade 1

(a)          Aboriginal and/or Torres Strait Islander Health Worker Trainee (Entry) (Health Worker Trainee) - Grade 1 means an employee in their first year of service who will generally have no direct experience in the provision of Aboriginal and/or Torres Strait Islander health services.

(b)          They will provide primary health services education and liaison duties under the direct supervision of more senior employees.

(c)           The employer will actively assist the employee to pursue entry into an approved course of study to gain a Certificate II in Aboriginal and/or Torres Strait Islander Primary Health Care or equivalent within 18 months.

A.2.2            Aboriginal and/or Torres Strait Islander Health Worker Trainee (Health Worker Trainee) - Grade 2

(a)          Aboriginal and/or Torres Strait Islander Health Worker Trainee (Health Worker Trainee) - Grade 2 means an employee in their second year of service or an employee whom has obtained and/or possess a Certificate II in Aboriginal and/or Torres Strait Islander Primary Health Care or equivalent.

(b)          They will provide primary health services education and liaison duties under the direct supervision of more senior employees.

A.2.3            Indicative tasks performed by a Health Worker Trainee

(a)          Health Worker Trainees will perform a range of duties and services provided by professional, technical, clinical and administrative work categories.

(b)          A Health Work Trainee will:

·  work under direct supervision, either individually or in a team or group, using routine procedures and established techniques or methods;

·  perform a range of routine tasks and operate office and other equipment requiring the use of basic skills, training or experience;

·  exercise minimal judgement in deciding how tasks are performed and completed while being responsible for the quality standard of completed work; and

·  undertake orientation and training programs as available.

A.2.4            Range of activities undertaken:

·  Assist more senior employees in the provision of patient care associated with basic primary health care functions.

·  Assist in the delivery of clinical support services by performing a range of basic non-professional tasks and transporting patients from one area to another.

·  Establish and maintain a communication network between health providers and the community.

·  Assist in identifying health needs of individuals, groups and the community.

·  Assist with the provision of health promotion programs, appropriate referrals, advice and information.

·  Network and liaise with other service providers to ensure a coordinated approach to health service delivery.

·  Undertake incidental administrative tasks including maintenance of records and data collection.

·  Assist in ensuring that services are provided in ways that maximise cultural acceptability.

·  Maintain the confidentiality of client contacts.

·  Deliver health services under supervision including:

·  basic health screening;

·  basic first aid;

·  health education and promotion;

·  client support;

·  identification of health needs;

·  referral to other health professionals and other services;

·  limited advice and information; and

·  other activities as required to meet identified health needs of the community.

A.2.5            Aboriginal and/or Torres Strait Islander Health Worker (Generalist Health Worker) - Grade 3 means:

(a)          a person who has completed Certificate III in Aboriginal and/or Torres Strait Islander Primary Health Care or equivalent; or

(b)          a person with other qualifications or experience deemed equivalent through a Registered Training Organisation.

A Generalist Health Worker who:

(i)            holds a Certificate III in Aboriginal and/or Torres Strait Islander Primary Health Care or equivalent; or

(ii)          has a Medicare provider number (not a prerequisite)

will be classified as no less than a Grade 3 Level 2 Aboriginal Health Worker/Aboriginal Community Health Worker.

A.2.6            Scope of the role

(a)          A Generalist Health Worker works within delegated model of care, and will perform a range of duties in the delivery of primary health care services and community care. They will perform duties of a specific nature, or a range of duties designed to assist in the provision of health services in the professional, technical, clinical and administration work categories.

(b)          A Generalist Health Worker will be able to:

(i)            provide a range of health functions of a clinical, preventative, rehabilitative or promotional nature under the general direction of more senior employees;

(ii)          work under supervision and direction, either individually or in a team or group using routine primary health care practices and procedures and established techniques or methods. Such tasks may include some of all of the following:

·   assisting in the provision of comprehensive primary health care and education of clients, in conjunction with other members of the health care team;

·   under instruction, assisting in the provision of standard medical treatments in accordance with established medical protocols;

·   collecting and recording data from clients which will assist in the diagnosis and management of common medical problems and medical emergencies;

·   in line with policies and programs established by the health team, participate in educating and informing the community about preventative health measures; and

·   undertaking orientation and training programs as available,

(iii)        perform a range of additional tasks at a standard in accordance with the level of qualification held, to operate office and other equipment, which requires specific levels of skill, training and experience that are not subject to licensing and registration of other professions. Such services may include:

·   first aid;

·   health education and promotion;

·   client support;

·   identification of health needs;

·   referral to other health professionals and other services;

·   advice and information;

·   other activities as required to meet identified health needs; and

·   advocacy,

(iv)        exercise judgement in deciding how tasks are performed and completed to ensure the quality standard of completed work; and

(v)          demonstrate good communication and interpersonal skills in client liaison advocacy and teamwork.

A.2.7            Required skills and knowledge

(a)          A Generalist Health Worker will possess an ability to apply primary health care generalist knowledge, skills and demonstrated capacity to perform tasks, using defined techniques and knowledge under supervision.

(b)          A Generalist Health Worker will have:

(i)            good interpersonal skills and abilities to communicate with Aboriginal and/or Torres Strait Islander individuals, families and communities and network with other services and health professions;

(ii)          demonstrated ability to apply knowledge and skills obtained from Certificate Ill in Aboriginal and/or Torres Strait Islander Primary HealthCare or equivalent; and

(iii)        knowledge of confidentiality, ethics and duty of care in a primary healthcare and/or community services environment.

A.2.8            Aboriginal and/or Torres Strait Islander Health Practitioner, Advanced Health Worker – Practice & Advanced Health Worker – Care – Grade 4

The following three roles are classified at Grade 4:

(a)          Aboriginal and/or Torres Strait Islander Health Worker Advanced (Advanced Health Worker - Practice)

An Advanced Health Worker - Practice is a person who holds either a Certificate IV in Aboriginal and/or Torres Strait Islander Primary Health Care Practice or equivalent. The employee independently undertakes a full range of duties, including dealing with the most complex matters. An Advanced Health Worker - Practice performs their duties with little supervision, and may work as a sole practitioner remote from the health service.

(b)          Aboriginal and/or Torres Strait Islander Health Practitioner (Health Practitioner)

[A.2.8(b) corrected by PR727048 ppc 12Mar21]

A Health Practitioner who holds a Certificate IV in Aboriginal and/or Torres Strait Islander Primary Health Care Practice and holds current registration with the Australian Health Practitioner Regulation Agency (AHPRA) –Aboriginal and Torres Strait Islander Health Practice Board.

(NOTE: An Aboriginal and/or Torres Strait Islander Health Practitioner (protected title) are required by National legislation to maintain registration as a condition of their employment and hold a Certificate IV in Aboriginal and/or Torres Strait Islander Primary Health Care Practice, and must be classified as no less than a Grade 4 Level 2).

(c)           An Advanced Health Worker - Care is a person who independently undertakes a full range of duties, including dealing with complex matters. An Advanced Health Worker - Care holds either a Certificate IV in Aboriginal and/or Torres Strait Islander Primary Health Care, or equivalent.

A.2.9            Scope of the role: Advanced Health Worker - Practice and Health Practitioners

Advanced Health Workers - Practice and Health Practitioners work at an advanced level with minimal supervision. The employee will:

(a)          where the employee specialises in practice, perform a variety of tasks that require a sound knowledge of standards, practices and procedures, and apply primary health care skills obtained through significant training and experience and/or formal vocational development;

(b)          perform a range of tasks of a complex nature, and operate equipment that require specific levels of skills, training and experience at an advanced level;

(c)           exercise judgement in deciding how tasks are performed and the quality standard of the work;

(d)          manage allocated tasks and work with others to meet deadlines;

(e)          exercise good communication and interpersonal skills where client liaison advocacy and supervisory responsibilities apply; and

(f)            have Aboriginal and/or Torres Strait Islander knowledge and cultural skills-level 3.

A.2.10       Required skills and knowledge: Advanced Health Worker - Practice and Health Practitioners

Advanced Health Workers - Practice and Health Practitioners possess a well developed knowledge and skills base and a capacity for self-directed application of primary health care service delivery. This will include:

(a)          knowledge of social determinants of health affecting Aboriginal and/or Torres Strait Islander peoples;

(b)          ability to deliver primary health care programs in response to health needs of individuals, groups and communities;

(c)           clinical skills appropriate for the delivery of health assessments, community screening and primary health care intervention;

(d)          demonstrated ability to apply knowledge and skills obtained from Certificate IV in Aboriginal and/or Torres Strait Islander Primary HealthCare Practice;

(e)          interpersonal communication skills including client and community liaison, negotiation and networking;

(f)            ability to manage own work with limited supervision through the use of planning and time management showing initiative and a positive attitude; and

(g)          ability to advocate for Aboriginal and/or Torres Strait Islander health issues, network and demonstrate skills in verbal and written communication.

A.2.11       Range of activities: Advanced Health Worker - Practice and Health Practitioners

Advanced Health Workers - Practice and Health Practitioners will undertake some or all or the following tasks:

(a)          advocate for the rights and needs of community members;

(b)          develop and monitor a case plan;

(c)           within a delegated model of care, undertake clinical care duties that may include but are not limited to:

·  dressings;

·  suturing;

·  taking blood;

·  evacuation (medical emergencies);

·  accident, medical care and first aid;

·  subject to law, administering medications;

·  liaison with medical officers about medical advice and treatment;

·  observations;

·  participation in doctor clinics;

·  using patient information management systems;

·  full assessments of patients as presented; and

·  supervision of other Health Workers,

(d)          undertake health program care duties that may include but are not limited to:

·  antenatal care;

·  womens, mens, child and youth health;

·  older peoples' health care;

·  nutrition;

·  substance abuse;

·  health promotion;

·  environmental health;

·  sexual health; and

·  mental health,

(e)          undertake some community care duties that may include but are not limited to:

·  interpreting services;

·  first point of contact counselling and referral;

·  developing and implementing community development programs;

·  health promotion programs; and

·  health education program.

A.2.12       Scope of the role - An Advanced Health Worker – Care

(a)          In addition to the above, an Advanced Health Worker - Care is expected to work at an advanced level with minimal supervision.

(b)          The employee will:

(i)            perform a range of tasks of a complex nature requiring training and experience at an advanced level;

(ii)          exercise judgement in deciding how tasks are performed and the quality standard of the work;

(iii)        manage allocated tasks and work with others to meet deadlines; and

(iv)        exercise good communication and interpersonal skills where client liaison advocacy and supervisory responsibilities apply.

A.2.13       Required skills and knowledge - An Advanced Health Worker – Care

An Advanced Health Worker - Care will possess a well-developed knowledge and skills base. This will include:

(a)          knowledge of social determinants of health affecting Aboriginal and/or Torres Strait Islander peoples;

(b)          demonstrated ability to apply knowledge and skills obtained from Certificate IV in Aboriginal and/or Torres Strait Islander Primary HealthCare (or equivalent);

(c)           interpersonal communication skills including client and community liaison, negotiation and networking;

(d)          ability to manage own work with limited supervision through the use of planning and time management showing initiative and a positive attitude; and

(e)          ability to advocate for Aboriginal and/or Torres Strait Islander health issues, network and demonstrate skills in verbal and written communication.

A.2.14       Range of Activities - An Advanced Health Worker – Care

An Advanced Health Worker - Care will undertake some or all or the following tasks:

(a)          advocate for the rights and needs of community members;

(b)          provide outreach services;

(c)           monitor a case plan; and

(d)          undertake community care duties that may include but are not limited to:

·  assist with initial diagnosis and needs analysis;

·  assist with pre-admission clinics;

·  assist with discharge planning;

·  interpreting services;

·  first point of contact counselling and referral;

·  developing and implementing community development programs;

·  health promotion programs; and

·  health education programs.

A.2.15       Senior Health Worker, Senior Health Practitioner, Coordinator Care – Grade 5

The following roles are classified at Grade 5:

(a)          Senior Health Worker holds a Diploma in Aboriginal and/or Torres Strait Islander Primary Health Care or equivalent. The employee may be responsible for a small team of Aboriginal and/or Torres Strait Islander Health Workers at this level, and will be required to hold expert knowledge of Aboriginal health issues, as well as assisting with the planning and supervision of other workers' duties.

(b)          Senior Aboriginal and/or Torres Strait Islander Health Practitioner (Senior Health Practitioner). A Senior Health Practitioner will hold:

(i)            a Diploma of Aboriginal and/or Torres Strait Islander Primary Health Care Practice or other qualifications or experience deemed equivalent to be classified at this grade; and

(ii)          current registration with the Australian Health Practitioner Regulation Agency (AHPRA) – Aboriginal and Torres Strait Islander Health Practice Board.

(iii)        A Senior Health Practitioner required by State or Territory legislation to maintain registration as a condition of their employment who holds either a Diploma of Aboriginal and/or Torres Strait Islander Primary Health Care Practice or equivalent will be classified as no less than a Grade 5 Level 2.

(c)           Aboriginal and/or Torres Strait Islander Health Worker Coordinator (Health Worker Coordinator)

A Health Worker Coordinator holds either a Diploma or Advanced Diploma of Aboriginal and/or Torres Strait Islander Primary Health Care or other qualifications or experience deemed equivalent to be classified at this grade.

A.2.16       Scope of the role: Senior Health Workers

The employee will:

(a)          where the employee specialises in practice, perform a variety of tasks that require a sound knowledge of standards, practices and procedures, and apply primary health care skills obtained through significant training and experience and/or formal vocational development;

(b)          perform a range of tasks of a complex nature, and operate equipment, that require specific levels of skills, training and experience at an advanced level;

(c)           exercise judgement in deciding how tasks are performed and the quality standard of the work;

(d)          manage allocated tasks and work with others to meet deadlines; and

(e)          exercise good communication and interpersonal skills where client liaison advocacy and supervisory responsibilities apply.

A.2.17       Required skills and knowledge: Senior Health Workers

(a)          Senior Health Workers possess a well-developed knowledge and skills base and a capacity for self-directed application of primary health care service delivery. This will include:

(i)            knowledge of social determinants of health affecting Aboriginal and/or Torres Strait Islander peoples;

(ii)          ability to deliver primary health care programs in response to health needs of individuals, groups and communities;

(iii)        clinical skills appropriate for the delivery of health assessments, community screening and primary health care intervention;

(iv)        demonstrated ability to apply knowledge and skills obtained from Certificate IV in Aboriginal and/or Torres Strait Islander Primary HealthCare;

(v)          interpersonal communication skills including client and community liaison, negotiation and networking;

(vi)        ability to manage own work with limited supervision through the use of planning and time management showing initiative and a positive attitude;

(vii)      ability to advocate for Aboriginal and/or Torres Strait Islander health issues, network and demonstrate skills in verbal and written communication; and

(viii)    have Aboriginal and/or Torres Strait Islander knowledge and cultural skills-level 3.

A.2.18       Range of activities: Senior Health Workers

(a)          A Senior Health Worker will undertake some or all or the following tasks:

(i)            advocate for the rights and needs of community members;

(ii)          develop and monitor a case plan;

(iii)        within a delegated model of care, undertake clinical care duties that may include but are not limited to:

·   liaison with medical officers about medical advice;

·   observations;

·   participation in doctor clinics;

·   using patient information management systems; and

·   supervision of other Health Workers,

(iv)        undertake health program care duties that may include but are not limited to:

·   antenatal care;

·   women’s, men’s, child and youth health;

·   older peoples' health care;

·   nutrition;

·   substance abuse;

·   health promotion;

·   environmental health;

·   sexual health; and

·   mental health.

(v)          undertake community care duties that may include but are not limited to:

·   interpreting services;

·   first point of contact counselling and referral;

·   developing and implementing community development programs; and

·   health promotion programs and health education programs.

A.2.19       Scope of the role: Senior Health Practitioner

A Senior Health Practitioner works at a senior level and is responsible for the implementation, coordination management and evaluation of health programs and service delivery in one or more specialised programs or sub-programs.

A Senior Health Practitioner is expected to work at an advanced level in a specialised program or sub-program with broad direction and minimal supervision. The position will exercise accountability and responsibility for programs under their control, and for the quality standards of work produced.

A.2.20       Required skills and knowledge: Senior Health Practitioner

(a)          A Senior Health Practitioner will have:

(i)            demonstrated knowledge of Aboriginal and/or Torres Strait Islander cultures and their health needs, and the ability to develop strategies to address key outcome areas;

(ii)          knowledge and understanding of the policies, guidelines and practice relevant to a specialised program area targeting Aboriginal and/or Torres Strait Islander peoples;

(iii)        skills to incorporate evidence-based practice in health care at the program level, and facilitate delivery of specialised programs to the community;

(iv)        ability to advocate for the rights and needs of community members and liaise with external stakeholders, including NGOs and other government organisation;

(v)          ability to work autonomously and apply a high level of theoretical and applied knowledge in relation to program management;

(vi)        high level communication and problem solving skills, with the ability to engage and negotiate with communities about program implementation and uptake;

(vii)      ability to work in a cross cultural, multidisciplinary environment delivering specific program care;

(viii)    ability to facilitate workshops and transfer knowledge of best practice in a specialist field to primary health care workers;

(ix)        demonstrated ability to develop and maintain current knowledge in their program area; and

(x)          Aboriginal and/or Torres Strait Islander knowledge and cultural skills – level 3.

A.2.21       Range of Activities: Senior Health Practitioner

A Senior Health Practitioner will undertake some or all or the following tasks relating to the management and delivery of a specialist health program. Activities expected of this position may include:

(a)          undertake program management duties including:

·  developing operational program plans;

·  identifying performance indicators for health programs;

·  monitoring health programs;

·  establishing evaluation process for health programs;

·  managing resources for the delivery of a health care program;

·  producing community profile report and health needs analyses, and establishing mechanisms for stakeholder feedback; and

·  implementing quality control,

(b)          within a delegated model of care, undertake clinical care duties which may include:

·  taking blood;

·  child and adult health checks;

·  immunisations;

·  supervision of other Aboriginal and/or Torres Strait Islander Health Workers

·  and Aboriginal and/or Torres Strait Islander Health Practitioners; and

·  safety measures and procedures,

(c)           undertake community care duties that may include:

·  networking with other agencies and create partnerships;

·  developing at a policy level and implementing community development strategies;

·  implementing health promotion strategies;

·  representing their health service on national, state and regional level activities; and

·  providing mechanisms for community to advocate for the rights and needs of community members and program needs.

A.2.22       Scope of the role: Health Worker Coordinator

A Health Worker Coordinator is expected to manage and coordinate at an advanced level in a specialised program or sub-program with broad direction and minimal supervision. The position will exercise accountability and responsibility for programs under their control, and for the quality standards of work produced.

A.2.23       Required skills and knowledge: Health Worker Coordinator

A Health Worker Coordinator will have:

(a)          demonstrated knowledge of Aboriginal and/or Torres Strait Islander culture sand their health needs, and the ability to develop strategies to address key outcome areas;

(b)          knowledge and understanding of the policies, guidelines and practice relevant to a specialised program area targeting Aboriginal and Torres Strait Islander peoples;

(c)           skills to incorporate evidence-based practice in health care at the program level, and facilitate delivery of specialised programs to the community;

(d)          ability to advocate for the rights and needs of community members and liaise with external stakeholders, including NGOs and other government organisations;

(e)          ability to work autonomously and apply a high level of theoretical and applied knowledge in relation to program management;

(f)            high level communication and problem solving skills, with the ability to engage and negotiate with communities about program implementation and uptake;

(g)          ability to work in a cross cultural, multidisciplinary environment delivering specific program care;

(h)          ability to facilitate workshops and transfer knowledge of best practice in a specialist field to primary health care workers;

(i)            demonstrated ability to develop and maintain current knowledge in their program area; and

(j)            have Aboriginal and/or Torres Strait Islander knowledge and cultural skills-level 3.

A.2.24       Range of activities: Health Worker Coordinator

A Health Worker Coordinator will undertake some or all or the following tasks relating to the management and delivery of a specialist health program. Activities expected of this position may include:

(a)          undertake program management duties including:

·  developing operational program plans;

·  identifying performance indicators for health programs;

·  monitoring health programs;

·  establishing evaluation processes for health programs;

·  managing resources for the delivery of a health care program;

·  producing community profile report and health needs analyses, and establishing mechanisms for stakeholder feedback;

·  implementing quality control;,

·  child and adult health checks;

·  supervision of other Aboriginal and/or Torres Strait Islander Health Workers and Aboriginal and/or Torres Strait Islander Health Practitioner; and

·  safety measures and procedures,

(b)          undertake community care duties that may include:

·  networking with other agencies and create partnerships;

·  developing at a policy level and implementing community development strategies;

·  implementing health promotion strategies;

·  representing their health service on national, state and regional level activities; and

·  providing mechanisms for community to advocate for the rights and needs of community members and program needs.

A.3                Administrative

A.3.1            Grade 1

(a)          This is the base of the administrative classification structure. There are no prescribed educational qualifications required.

(b)          Positions at this level work under close direction and initially require the application of basic skills and routines such as providing receptionist services, straight-forward operation of keyboard equipment, filing, photocopying, collating, collecting and distributing, carrying out routine checks by simple comparisons, simple coding, maintaining basic records, mail procedures, obtaining or providing information about straight-forward matters and routine user maintenance of office equipment.

(c)           The work may involve a combination of the activities outlined above including keyboard, clerical and other duties. Keyboard tasks usually involve the straight-forward operation of keyboard equipment but may include the keying of data containing specialised or unusual technical terms or complicated tables or diagrams which demand considerable judgment about layout, and the manipulation and interpretation of data before and during entry.

(d)          Initially work is performed under close direction using established routines, methods and procedures and there is little scope for deviating from these. Tasks should be mixed to provide a range of work experience; some may be of a routine operational nature. Problems can usually be solved by reference to straight-forward methods, procedures and instructions. Assistance is available if required when problems arise.

(e)          Staff undertaking work at this grade would normally become competent in individual tasks after a limited period of training or experience.

(f)            The work performed may be routine in nature but some knowledge and application of specific procedures, instructions, regulations or other requirements relating to general administration (e.g. personnel or finance operations) and to specific departmental programs or activities may be required.

(g)          Staff at this grade may assist senior members of staff in the task being undertaken by them. Work may include drafting basic material for inclusion in reports and submissions, including form or routine letters and checking applications for benefits or grants.

A.3.2            Grade 2

(a)          This level encompasses a range of work which requires routine experience or the application of skills derived from work of a similar nature and a general knowledge of the work to be performed. This is the first level which may include a supervisory role. Staff may be required to follow and interpret rules, regulations, guidelines, instructions and procedures, and be capable of undertaking a range of duties requiring judgment, liaison and communication within the health service, with clients of the health service and with other interested parties.

(b)          Positions at this grade usually work under general direction and the work is subject to regular checks. Detailed instructions are not necessary and there is scope for staff to exercise initiative in applying established work practices and procedures.

(c)           The solution of problems may require the exercise of limited judgment, though guidance would be available in guidelines, procedures, regulations and instructions. The understanding of the information should allow decisions or policies relating to specific circumstances to be explained. Liaison within the health service, with clients of the health service, or with other interested parties may be necessary.

(d)          This is the first grade of which formal delegations may be found within the operations of the work area (e.g. approval of annual, personal and carer’s leave and examination of accounts).

(e)          Secretarial/administrative support positions may be included in this grade where this is warranted, having regard to:

(i)            the range of knowledge and skills required;

(ii)          the degree of independence and responsibility assumed in undertaking tasks; and

(iii)        the degree of direction given by the supervisor.

(f)            Positions where there is a frequently recurring need to take and transcribe verbatim the proceedings of conferences or deputations are included in this grade.

It is desirable that staff at this grade have Aboriginal and/or Torres Strait Islander knowledge and cultural skills—level 1.

A.3.3            Grade 3

(a)          Positions at this grade usually work under general direction and require relevant experience combined with a broad knowledge of the functions and activities of the health service and a sound knowledge of the major activity performed within the work area. Positions with supervisory responsibilities may undertake some complex operation work and may assist with, or review, work undertaken by subordinates or team members.

(b)          Positions with supervisory responsibilities may include a degree of planning and coordination and tasks such as monitoring staff attendance and work flow.

(c)           Problems faced may be complex yet broadly similar to past problems. Solutions generally can be found in rules, regulations, guidelines, procedures and instructions though these may require some interpretation and application of judgment. There is scope for the exercise of initiative in application of established work practices and procedures.

(d)          Positions at this grade may exercise delegations. Decisions made may have an impact on the relevant health service (e.g. on financial resources), but are normally of a limited procedural or administrative importance.

It is desirable that staff at this grade have Aboriginal and/or Torres Strait Islander knowledge and cultural skills—level 1.

A.3.4            Grade 4

(a)          Positions at this grade usually work under general direction within clear guidelines and established work practices and priorities, in functions which require the application of knowledge, skills and techniques appropriate to the work area. Work at this grade requires a sound knowledge of program, activity, policy or service aspects of the work performed within a functional element, or a number of work areas. The Grade 4 position is the first grade where technical or professional qualifications may be required or desirable.

(b)          Work is usually performed under general direction and may cover a range of tasks associated with program activity or administrative support to senior officers. Tasks may include providing administrative support to staff within technical or professional structures. This may include the collection and analysis of data and information and the preparation of reports, publications, papers and submissions including findings and recommendations.

(c)           Positions at this level may have supervisory responsibilities over staff operating a wide range of equipment or undertaking a variety of tasks in the area of responsibility.

It is desirable that staff at this grade have Aboriginal and/or Torres Strait Islander knowledge and cultural skills—level 1.

A.3.5            Grade 5

(a)          Positions at this level work under general direction in relation to established priorities, task methodology and work practices to achieve results in line with the corporate goals of the health service.

(b)          Positions at this grade may, under general direction of work priorities, undertake the preparation of preliminary papers, draft complex correspondence for senior officers, undertake tasks of a specialist or detailed nature, assist in the preparation of procedural guidelines, provide information or interpretation to other interested parties, exercise specific process responsibilities and oversee and co-ordinate the work of subordinate staff.

(c)           Work may involve specialist subject matter of a professional or technical project, procedural or processing nature, or a combination of these functions.

It is desirable that staff at this grade have Aboriginal and/or Torres Strait Islander knowledge and cultural skills—level 1.

A.3.6            Grade 6

(a)          Positions at this grade may manage the operations of an organisational element usually under limited direction. Positions at this grade undertake various functions, under a wide range of conditions to achieve a result in line with the goals of the health service. Immediate subordinate positions may include staff in a technical or professional structure, in which case supervision may involve the exercising of technical or professional skills or judgment.

(b)          Positions at this grade are found in a variety of operating environments and structural arrangements. The primary areas may be:

(i)            Managing the operations of a discrete organisational element usually under limited direction;

(ii)          Under limited direction in relation to priorities and work practices provide administrative support to a particular program or activity; or

(iii)        Providing subject matter, expertise or policy advice, to senior employees, the Chief Executive Officer, or the Board of Management including technical or professional advice, across a range of programs or activities undertaken by the health service.

(c)           Positions at this grade would be expected to set and achieve priorities, monitor work flow and/or manage staffing resources to meet objectives.

It is desirable that staff at this grade have Aboriginal and/or Torres Strait Islander knowledge and cultural skills—level 2.

A.3.7            Grade 7

(a)          Positions at this grade, under limited direction, usually manage the operations of an organisational element, or undertake a management function, or provide administrative, technical, or professional support to a particular program or activity, across a range of administrative or operational tasks to achieve a result in line with the goals of the health service.

(b)          Positions at this grade may undertake a management function involved in the administration of a program or activity within an organisation. This includes the provision of advice or undertaking tasks related to the management or administration of a program or activity, service delivery or corporate support function, including project work, policy, technical, professional or program issues or administrative matters. Liaison with other elements of the organisation, government agencies, state and local authorities and community organisations can be a feature.

(c)           Positions at this grade may represent the health service at meetings, conferences and seminars. In some circumstances the supervisor or subordinates may be, or include staff in technical or professional structures, in which case supervision is for administrative purposes only. In all other circumstances, supervision may involve the exercise of technical or professional skill or judgment.

It is desirable that staff at this grade have Aboriginal and/or Torres Strait Islander knowledge and cultural skills—level 2.

A.3.8            Grade 8

Positions at this grade will be the Chief Executive Officer of an Aboriginal and/or Torres Strait Islander community controlled health service other than those classified at Grade 7 who reports to and is responsible for the administration of the health service to the Board of Management and to whom heads of programs or activities within the health service report and are responsible.

It is desirable that staff at this grade have Aboriginal and/or Torres Strait Islander knowledge and cultural skills—level 3.

A.4                Dental

A.4.1            Dental Assistant Grade 1

Employees at this grade will have no prior experience as a dental assistant. Appointment to this level will be for a period of 3 months after which the employee will progress to the appropriate level. While employed at this grade employees will:

(a)          work under direct supervision;

(b)          gain familiarisation with a range of basic dental and/or clerical tasks; and

(c)           gain familiarisation with the employer’s policies including health and safety.

A.4.2            Dental Assistant Grade 2 means an employee who has obtained the skills required of a Dental Assistant Grade 1 who performs solely dental assistant duties and has no formal qualifications.

It is desirable that staff at this grade have Aboriginal and/or Torres Strait Islander knowledge and cultural skills—level 1.

A.4.3            Dental Assistant Grade 3 means:

(a)          a person who has completed a dental assistant qualification performing solely dental assistant duties;

(b)          an unqualified Dental Assistant performing a combination of duties including routine clerical, reception duties and dental assistant duties; or

(c)           an unqualified Dental Assistant performing solely Dental Assistant duties who has 12 months’ experience at Grade 2.

It is desirable that staff at this grade have Aboriginal and/or Torres Strait Islander knowledge and cultural skills—level 1.

A.4.4            Dental Assistant Grade 4 means:

(a)          An unqualified Dental Assistant performing solely dental assistant duties who has 12 months’ experience at Grade 3 and has demonstrated competence in the following areas:

(i)            knowledge of dental equipment;

(ii)          sterilisation techniques with attention to infection control;

(iii)        basic understanding of techniques and procedures;

(iv)        understanding of the set-up prior to procedures; or

(b)          an unqualified Dental Assistant performing a combination of dental assistant, clerical and reception duties who has 12 months’ experience at Grade 3;

(c)           a qualified Dental Assistant performing solely dental assistant duties who has 12 months’ experience at Grade 3; or

(d)          a qualified Dental Assistant performing a combination of dental assistant, clerical and reception duties.

It is desirable that staff at this grade have Aboriginal and/or Torres Strait Islander knowledge and cultural skills—level 1.

A.4.5            Dental Assistant Grade 5 means:

(a)          an unqualified Dental Assistant performing a combination of dental assistant, clerical and reception duties who has 12 months’ experience at Grade 4;

(b)          a qualified Dental Assistant performing solely dental assistant duties who has 12 months’ experience at Grade 4; or

(c)           a qualified Dental Assistant performing a combination of dental assistant, clerical and reception duties who has 12 months’ experience at Grade 4.

It is desirable that staff at this grade have Aboriginal and/or Torres Strait Islander knowledge and cultural skills—level 1.

A.4.6            Dental Therapist Grade 1 works under the professional supervision of a higher grade professional officer as to method of approach and requirements and is a professional practitioner who performs normal professional work and exercises individual knowledge, skills, professional judgment and initiative in the application of professional principles, techniques and methods.

(a)          This grade is the professional formation phase of a professional officer. It includes new graduates generally lacking practical experience in the application of their professional knowledge.

(b)          The work requires initiative and professional judgment. Since experience is limited, this level is normally expected to apply only established principles, techniques and methods in early postgraduate years. With professional development, it is expected that new techniques and methods will be learnt and applied to progressively more difficult problems.

(c)           Initially work is subject to professional supervision. As experience is gained, the contribution and the level of professional judgment increases and professional supervision decreases, until a wide range of professional tasks is capable of being performed with little technical direction.

(d)          When experienced, advice and guidance may be provided to less experienced professional staff. They are not required to provide general professional guidance but may be required to provide general supervision of and/or train technical and other non-professional staff.

(e)          Staff may be required to develop and apply advanced techniques learnt during the undergraduate course or later; however, decisions to incorporate such new techniques into normal procedures would be taken at a higher level.

It is desirable that staff at this grade have Aboriginal and/or Torres Strait Islander knowledge and cultural skills—level 1.

A.4.7            Dental Therapist Grade 2 works as a professional practitioner, performs normal professional work under general professional guidance, and may perform novel, complex or critical professional work under professional supervision.

(a)          Staff at this grade perform normal professional work of an organisational unit, or of a specialised professional field encompassed by the work of the unit, and accept technical responsibility for those tasks.

(b)          Staff may also be expected to perform difficult or novel, complex or critical professional work where they are isolated from immediate professional supervision, for example, because of remoteness of the functional work area. Staff at this grade are expected to exercise independent professional judgment when required, particularly in recognising and solving problems and managing cases where principles, procedures, techniques and methods require expansion, adaption or modification.

(c)           Staff may carry out research under professional supervision and may be expected to contribute to advances in the techniques used.

(d)          Work at this grade may include professional supervision of Dental Therapists Grade 1 together with general supervision over technical and other personnel. Dental Therapists at this level may also be required to guide Dental Therapists Grade 1 in the methods to be used, policies to be followed and standards to be observed with respect to the professional work performed by the organisational unit.

(e)          Staff may provide an advisory role up to the level of expertise.

(f)            Staff are required to understand industry problems if advice on interpretation of regulations or standards is required and to undertake associated liaison tasks.

It is desirable that staff at this grade have Aboriginal and/or Torres Strait Islander knowledge and cultural skills—level 1.

A.5                Ancillary

It is desirable that all ancillary staff have Aboriginal and/or Torres Strait Islander knowledge and cultural skills—level 1.

A.5.1            Cleaner means a person who performs tasks customarily performed by cleaners utilising a range of materials and equipment to clean a range of surfaces in order to restore or maintain buildings in a clean and hygienic condition.

A.5.2            Driver—Grade 1 means a person whose primary duties include undertaking a range of driving activities on behalf of the employer in a vehicle that has the capacity to carry between one and 15 passengers.

A.5.3            Driver—Grade 2 means a person whose primary duties include undertaking a range of driving activities on behalf of the employer in a vehicle that has the capacity to carry 16 or a greater number of passengers.

A.5.4            Caretaker means a person who is responsible for the supervision of an Aboriginal and/or Torres Strait Islander community controlled health service premises out of hours including opening and closing the premises before and after each day of business.


 

Schedule BSummary of Hourly Rates of Pay

[Varied by PR718933, PR725164, PR729377, PR740801, PR762224]

B.1                Aboriginal and/or Torres Strait Islander Health Worker adult employees

B.1.1            Full-time and part-time adult employees—ordinary, shiftworker and penalty rates

[B.1.1 varied by PR718933, PR725164, PR729377, PR740801, PR762224 ppc 01Jul23]

 

All employees

Shiftworkers

All employees

 

Ordinary hours

Outside normal span of hours1

Continuous night shift2

Saturday

Sunday

Public holiday

Public holiday

 

% of minimum hourly rate

 

100%

115%

130%

150%

200%

150% plus one day off3

250%

 

$

$

$

$

$

$

$

Grade 1

 

 

 

 

 

 

 

Level 1

24.99

28.74

32.49

37.49

49.98

37.49

62.48

Grade 2

 

 

 

 

 

 

 

Level 1

26.76

30.77

34.79

40.14

53.52

40.14

66.90

Level 2

27.68

31.83

35.98

41.52

55.36

41.52

69.20

Grade 3

 

 

 

 

 

 

 

Level 1

29.12

33.49

37.86

43.68

58.24

43.68

72.80

Level 2

30.65

35.25

39.85

45.98

61.30

45.98

76.63

Level 3

32.14

36.96

41.78

48.21

64.28

48.21

80.35

Grade 4

 

 

 

 

 

 

 

Level 1

33.03

37.98

42.94

49.55

66.06

49.55

82.58

Level 2

33.92

39.01

44.10

50.88

67.84

50.88

84.80

Level 3

34.70

39.91

45.11

52.05

69.40

52.05

86.75

Grade 5

 

 

 

 

 

 

 

Level 1

35.53

40.86

46.19

53.30

71.06

53.30

88.83

Level 2

36.37

41.83

47.28

54.56

72.74

54.56

90.93

Level 3

37.25

42.84

48.43

55.88

74.50

55.88

93.13

1 Outside normal span of hours means where the ordinary rostered hours of work of an employee finish between 7.00 pm and 7.00 am or commence between 7.00 pm and 7.00 am in accordance with clause 21.1.

2 Continuous night shift means where a shiftworker is required to work ordinary hours continuously for a period exceeding 4 weeks on a shift wholly within the hours of 7.00 pm and 7.00 am in accordance with clause 21.2.

3 At the ordinary time rate, that is, an hour for each hour worked in accordance with clause 28.2(a)(ii).

B.1.2            Full-time and part-time adult employees—overtime rates

[B.1.2 varied by PR718933, PR725164, PR729377, PR740801, PR762224 ppc 01Jul23]

 

Employees other than shiftworkers

Shiftworkers – broken shifts

All employees

 

Outside the span of hours1

Outside the span of hours1

Outside a spread of 9 hours2

Outside a spread of 12 hours3

Excess hours4

 

First 2 hours

After 2 hours

First 2 hours

After 2 hours

 

% of minimum hourly rate

150%

200%

150%

200%

150%

200%

 

$

$

$

$

$

$

Grade 1

 

 

 

 

 

 

Level 1

37.49

49.98

37.49

49.98

37.49

49.98