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Nurses (ANMF—Victorian Local Government) Award 2015
This Fair Work Commission consolidated modern award incorporates all amendments up to and including 9 April 2024 (PR771407).
Clause(s) affected by the most recent variation(s):
18—Superannuation
Table of Contents
Part 1— Application and Operation
5. Access to the award and the National Employment Standards
6. The National Employment Standards and this award
Part 2— Consultation and Dispute Resolution
Part 3— Employer and Employees’ Duties, Employment Relationship and Related Arrangements
Part 4— Wages and Related Matters
Part 5— Hours of Work, Breaks, Overtime, Shift Work, Weekend Work
20. Rest breaks between rostered work
21. Accumulation and taking of accrued days off (ADOs)
Part 6— Leave of absence and public holidays
27. Personal/carer’s leave and compassionate leave
Part 1—Application and Operation
This award is the Nurses (ANMF – Victorian Local Government) Award 2015.
This award is binding upon all employers established as a “Council” under the Local Government Act 1989 (Vic), in respect of all employees in the classifications listed in clause 13. However, this award does not apply to any matter in relation to which legislative power is not referred to the Commonwealth Parliament by the Victorian Referral.
3.1 This award commences on 20 July 2015.
3.2 The monetary obligations imposed on employers by this award may be absorbed into overaward payments. Nothing in this award requires an employer to maintain or increase any overaward payment.
[Varied by PR571150, PR733962]
4.1 In this award, unless the contrary intention appears:
Act means the Fair Work Act 2009
AHPRA means the Australian Health Practitioner Regulation Agency
basic training means training for registration as a Registered nurse
[Definition of casual employee inserted by PR733962 from 27Sep21]
casual employee has the meaning given by section 15A of the Act
Commission means the Fair Work Commission
experience means full-time service and experience following registration in a grade or sub-grade at least equal to that in which the employee is employed (or to be employed), and shall also include that time which may elapse between the completion of training or final examination (whichever occurs last) and the formal registration as a Registered Nurse (Division 1) by the NMBA. Where an employee previously has been employed in a higher grade or sub-grade, service and experience in such higher grade or sub-grade shall count as service and experience in the lower grade or sub-grade for the purposes of determining such employee’s experience, provided that:
· an employee who has worked an average of 24 hours per week, or less, in a year shall be required to work a further 12 months before being eligible for advancement to the next succeeding experience increment (if any), within the grade or sub-grade in which the employee is employed; and
· where an employee has not been regularly employed as a registered nurse, or has not actively nursed for a period of five years or more, such employee’s prior service and experience shall not be taken into account
Immunisation nurse means a Registered Nurse (Division 1) on the Register of Practitioners of AHPRA who is engaged in or in connection with any immunisation work requiring an immunisation qualification
Maternal and Child Health Nurse Coordinator means a Registered Nurse with qualifications as defined for a MCH Nurse, and who is responsible for managing and/or coordinating Maternal and Child Health Services, and may include coordinating an Immunisation Service within the council/shire
[Definition of Maternal and child health nurse substituted by PR571150 ppc 20Jul15]
Maternal and Child Health Nurse means an employee who is both a Registered Nurse (Division 1) and Midwife on the Register of Practitioners of AHPRA, who is engaged in maternal and child health work (however described) within a local government council/shire, and has attained the following additional qualification:
A post graduate degree/diploma, or equivalent, in Maternal and Child Health Nursing
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 Fair Work Act 2009 (Cth)
NMBA means the Nursing and Midwifery Board of Australia
standard rate means the rate defined in clause 14—Minimum weekly wages
uniform means such apparel as may be required by the employer
Victorian Referral means the Fair Work (Commonwealth Powers) Act 2009 (Vic) and any legislation that amends, repeals or replaces that legislation
4.2 Where this award refers to a condition of employment provided for in the NES, the NES definition applies.
5. Access to the award and the National Employment Standards
The employer must ensure that copies of this award and the NES are available to all employees to whom they apply either on a noticeboard which is conveniently located at or near the workplace or through electronic means, whichever makes them more accessible.
6. The National Employment Standards and this award
The NES and this award contain the minimum conditions of employment for employees covered by this award. Clause 6 does not apply to any minimum conditions in relation to which legislative power is not referred to the Commonwealth Parliament by the Victorian Referral.
(a) arrangements for when work is performed;
(b) overtime rates;
(c) penalty rates;
(d) allowances; and
(e) leave loading.
7.2 The employer and the individual employee must have genuinely made the agreement without coercion or duress. An agreement under this clause can only be entered into after the individual employee has commenced employment with the employer.
7.3 The agreement between the employer and the individual employee must:
(a) be confined to a variation in the application of one or more of the terms listed in clause 7.1; and
(b) result in the employee being better off overall at the time the agreement is made than the employee would have been if no individual flexibility agreement had been agreed to.
7.4 The agreement between the employer and the individual employee must also:
(b) state each term of this award that the employer and the individual employee have agreed to vary;
(c) detail how the application of each term has been varied by agreement between the employer and the individual employee;
(d) detail how the agreement results in the individual employee being better off overall in relation to the individual employee’s terms and conditions of employment; and
(e) state the date the agreement commences to operate.
7.5 The employer must give the individual employee a copy of the agreement and keep the agreement as a time and wages record.
7.6 Except as provided in clause 7.4(a) the agreement must not require the approval or consent of a person other than the employer and the individual employee.
7.7 An employer seeking to enter into an agreement must provide a written proposal to the employee. Where the employee’s understanding of written English is limited the employer must take measures, including translation into an appropriate language, to ensure the employee understands the proposal.
7.8 The agreement may be terminated:
(a) by the employer or the individual employee giving 13 weeks’ notice of termination, in writing, to the other party and the agreement ceasing to operate at the end of the notice period; or
(b) at any time, by written agreement between the employer and the individual employee.
Note: If any of the requirements of s.144(4), which are reflected in the requirements of this clause, are not met then the agreement may be terminated by either the employee or the employer, giving written notice of not more than 28 days (see s.145 of the Fair Work Act 2009 (Cth)).
7.9 The right to make an agreement pursuant to this clause is in addition to, and is not intended to otherwise affect, any provision for an agreement between an employer and an individual employee contained in any other term of this award.
Part 2—Consultation and Dispute Resolution
8.1 Consultation regarding major workplace change
(i) Where an employer has made a definite decision to introduce major changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, the employer must notify the employees who may be affected by the proposed changes and their representatives, if any.
(ii) Significant effects include termination of employment; major changes in the composition, operation or size of the employer’s workforce or in the skills required; the elimination or diminution of job opportunities, promotion opportunities or job tenure; the alteration of hours of work; the need for retraining or transfer of employees to other work or locations; and the restructuring of jobs. Provided that where this award makes provision for alteration of any of these matters an alteration is deemed not to have significant effect.
(b) Employer to discuss change
(i) The employer must discuss with the employees affected and their representatives, if any, the introduction of the changes referred to in clause 8.1(a) the effects the changes are likely to have on employees and measures to avert or mitigate the adverse effects of such changes on employees and must give prompt consideration to matters raised by the employees and/or their representatives in relation to the changes.
(ii) The discussions must commence as early as practicable after a definite decision has been made by the employer to make the changes referred to in clause 8.1(a).
(iii) For the purposes of such discussion, the employer must provide in writing to the employees concerned and their representatives, if any, all relevant information about the changes including the nature of the changes proposed, the expected effects of the changes on employees and any other matters likely to affect employees provided that no employer is required to disclose confidential information the disclosure of which would be contrary to the employer’s interests.
8.2 Consultation about changes to rosters or hours of work
(a) Where an employer proposes to change an employee’s regular roster or ordinary hours of work, the employer must consult with the employee or employees affected and their representatives, if any, about the proposed change.
(b) The employer must:
(i) provide to the employee or employees affected and their representatives, if any, information about the proposed change (for example, information about the nature of the change to the employee’s regular roster or ordinary hours of work and when that change is proposed to commence);
(ii) invite the employee or employees affected and their representatives, if any, to give their views about the impact of the proposed change (including any impact in relation to their family or caring responsibilities); and
(iii) give consideration to any views about the impact of the proposed change that are given by the employee or employees concerned and/or their representatives.
(c) The requirement to consult under this clause does not apply where an employee has irregular, sporadic or unpredictable working hours.
(d) These provisions are to be read in conjunction with other award provisions concerning the scheduling of work and notice requirements.
8.3 Clause 8 does not apply to consultations about any matter in relation to which legislative power is not referred to the Commonwealth Parliament by the Victorian Referral.
9.1 In the event of a dispute about a matter under this award, or a dispute in relation to the NES, in the first instance the parties must attempt to resolve the matter at the workplace by discussions between the employee or employees concerned and the relevant supervisor. If such discussions do not resolve the dispute, the parties will endeavour to resolve the dispute in a timely manner by discussions between the employee or employees concerned and more senior levels of management as appropriate.
9.2 If a dispute about a matter arising under this award or a dispute in relation to the NES is unable to be resolved at the workplace, and all appropriate steps under clause 9.1 have been taken, a party to the dispute may refer the dispute to the Fair Work Commission.
9.3 The parties may agree on the process to be utilised by the Fair Work Commission including mediation, conciliation and consent arbitration.
9.4 Where the matter in dispute remains unresolved, the Fair Work Commission may exercise any method of dispute resolution permitted by the Act that it considers appropriate to ensure the settlement of the dispute.
9.5 An employer or employee may appoint another person, organisation or association to accompany and/or represent them for the purposes of this clause.
9.6 While the dispute resolution procedure is being conducted, work must continue in accordance with this award and the Act. Subject to applicable occupational health and safety legislation, an employee must not unreasonably fail to comply with a direction by the employer to perform work, whether at the same or another workplace, that is safe and appropriate for the employee to perform.
9.7 Clause 9 does not apply to disputes about any matter in relation to which legislative power is not referred to the Commonwealth Parliament by the Victorian Referral.
Part 3—Employer and Employees’ Duties, Employment Relationship and Related Arrangements
[Varied by PR733962]
10.1 Employment categories
Employees under this award will be employed in one of the following categories:
(a) full-time;
(b) part-time; or
(c) casual.
At the time of engagement an employer will inform each employee whether they are employed on a full-time, part-time or casual basis. 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.
10.2 Full-time employment
A full-time employee is one who is engaged to work 38 hours per week or an average of 38 hours per week pursuant to clause 19.1 of this award.
10.3 Part-time employment
(a) A part-time employee is an employee who is engaged to work less than an average of 38 ordinary hours per week and whose hours of work are reasonably predictable.
(b) Before commencing part-time employment, the employer and employee will agree in writing the guaranteed minimum number of hours to be worked and the rostering arrangements which will apply to those hours.
(c) The terms of the agreement may be varied by agreement and recorded in writing.
(d) The terms of this award will apply on a pro rata basis to part-time employees on the basis that the ordinary weekly hours for full-time employees are 38.
10.4 Casual employment
[10.4(a) deleted by PR733962 from 27Sep21]
[10.4(b) renumbered as 10.4(a) by PR733962 from 27Sep21]
(a) A casual employee will be paid an hourly rate equal to 1/38th of the weekly rate appropriate to the employee’s classification plus a casual loading of 25%.
[10.4(c) renumbered as 10.4(b) by PR733962 from 27Sep21]
(b) A casual employee will be paid a minimum of two hours pay for each engagement.
[10.4(d) renumbered as 10.4(c) by PR733962 from 27Sep21]
(c) A casual employee will be paid shift allowances calculated on the minimum rate of pay excluding the casual loading with the casual loading component then added to the penalty rate of pay.
10.5 Offers and requests for casual conversion
[10.5 inserted by PR733962 ppc 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 9—Dispute resolution.
11.1 Redundancy pay is provided for in the NES.
11.2 Transfer to lower paid duties
Where an employee is transferred to lower paid duties by reason of redundancy, the same period of notice must be given as the employee would have been entitled to if the employment had been terminated and the employer may, at the employer’s option, make payment instead of an amount equal to the difference between the former ordinary time rate of pay and the ordinary time rate of pay for the number of weeks of notice still owing.
11.3 Employee leaving during notice period
An employee given notice of termination in circumstances of redundancy may terminate their employment during the period of notice. The employee is entitled to receive the benefits and payments they would have received under this clause had they remained in employment until the expiry of the notice, but is not entitled to payment instead of notice.
11.4 Job search entitlement
(a) An employee given notice of termination in circumstances of redundancy must be allowed up to one day’s time off without loss of pay during each week of notice for the purpose of seeking other employment.
(b) If the employee has been allowed paid leave for more than one day during the notice period for the purpose of seeking other employment, the employee must, at the request of the employer, produce proof of attendance at an interview or they will not be entitled to payment for the time absent. For this purpose a statutory declaration is sufficient.
(c) This entitlement applies instead of clause 12.3.
11.5 Clause 11 does not apply in relation to redundancies in relation to which legislative power is not referred to the Commonwealth Parliament by the Victorian Referral.
12.1 Notice of termination is provided for in the NES.
12.2 Notice of termination by an employee
The notice of termination required to be given by an employee is the same as that required of an employer except that there is no requirement on the employee to give additional notice based on the age of the employee concerned. If an employee fails to give the required notice the employer may withhold from any monies due to the employee on termination under this award or the NES, an amount not exceeding the amount the employee would have been paid under this award in respect of the period of notice required by this clause less any period of notice actually given by the employee.
Where an employer has given notice of termination to an employee, an employee must be allowed up to one day’s time off without loss of pay for the purpose of seeking other employment. The time off is to be taken at times that are convenient to the employee after consultation with the employer.
Part 4—Wages and Related Matters
A registered nurse shall be classified into one of the following classifications and paid the corresponding salary as appearing in clause 14:
(a) Maternal and child health nurse;
(b) Immunisation nurse.
(c) Maternal and Child Health Nurse Coordinator.
13.2 Where a Nurse is appointed with both maternal and child health and immunisation qualifications and is required to take charge of immunisation sessions and other duties such as relieving maternal and child health nurse, the nurse shall be classified as a Maternal child and health nurse and paid at the relevant year of experience.
13.3 Where a nurse is appointed to undertake immunisation duties, the nurse shall be classified as an Immunisation nurse and paid at the relevant year of experience.
13.4 Where a nurse is appointed to undertake the management and coordination of maternal and child health nurses services which may also include the coordination of immunisation sessions, the nurse shall be classified as a Maternal and child health nurse coordinator and paid at the relevant rate of pay contained in this Award.
[Varied by PR579949, PR592234, PR606457, PR707571, PR718949, PR729395, PR740820, PR762240]
14.1 Minimum wages
[14.1 varied by PR579949, PR592234, PR606457, PR707571, PR718949, PR729395, PR740820, PR762240 ppc 01Jul23]
|
Classification |
$ per week |
|
Maternal and child health nurse |
|
|
1st year of experience |
1536.80 |
|
2nd year of experience |
1568.50 |
|
Immunisation nurse |
|
|
1st year of experience |
1420.50 |
|
2nd year of experience |
1444.50 |
|
Maternal and Child Health Nurse Coordinator |
1681.60 |
|
standard rate (for allowance purposes only) |
1132.50 |
14.2 Progression for all classifications shall be by annual increments, having regard to the acquisition and utilisation of skills and knowledge through experience over such period.
15.1 Wages must be paid fortnightly unless otherwise mutually agreed up to a monthly maximum period.
15.2 Employees will be paid by cash, cheque or electronic funds transfer, as determined by the employer, into the bank or financial institution account nominated by the employee.
15.3 When notice of termination of employment has been given by an employee or an employee’s services have been terminated by the employer, payment of all wages and other monies owing to an employee will be made to the employee.
An employee, who is required to relieve another employee in a higher classification than the one in which they are ordinarily employed will be paid at the higher classification rate provided the relieving is for three days or more.
[Varied by PR571150, PR579587, PR592385, PR606607, PR704180, PR707780, PR719102, PR729576, PR740980, PR750882, PR762277]
17.1 Automatic adjustment of wage-related allowances
[17.1 inserted by PR750882 ppc 15Mar23]
The amount of each wage-related allowance is the percentage of the standard rate specified for the allowance and will automatically adjust to reflect the specified percentage when the standard rate is varied.
17.2 Adjustment of expense related allowances
[17.1 renumbered as 17.2 by PR750882 ppc 15Mar23]
(a) At the time of any adjustment to the standard rate, each expense related allowance will be increased by the relevant adjustment factor. The relevant adjustment factor for this purpose is the percentage movement in the applicable index figure most recently published by the Australian Bureau of Statistics since the allowance was last adjusted.
(b) The applicable index figure is the index figure published by the Australian Bureau of Statistics for the Eight Capitals Consumer Price Index (Cat No. 6401.0), as follows:
|
Allowance |
Applicable Consumer Price Index figure |
|
Meal allowance |
Take away and fast foods sub-group |
|
Clothing and equipment allowance |
Clothing and footwear group |
|
Vehicle allowance |
Private motoring sub-group |
17.3 On call allowance
[17.2 renumbered as 17.3 by PR750882 ppc 15Mar23]
(a) An on call allowance is paid to an employee who is required by the employer to be on call at their private residence, or at any other mutually agreed place. The employee is entitled to receive the following additional amounts for each 24 hour period or part thereof:
(i) between rostered shifts or ordinary hours Monday to Friday inclusive–2.35% of the standard rate;
(ii) between rostered shifts or ordinary hours on a Saturday–3.54% of the standard rate; or
(iii) between rostered shifts or ordinary hours on a Sunday, public holiday or any day when the employee is not rostered to work–4.13% of the standard rate.
(b) For the purpose of this clause the whole of the on call period is calculated according to the day on which the major portion of the on call period falls.
17.4 Travelling, transport and fares
[17.3 renumbered as 17.4 by PR750882 ppc 15Mar23]
[17.3(a) varied by PR719102, PR740980; 17.4(a) varied by PR762277 ppc 1Jul23]
(a) 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.
(c) Provided further that the employee will not be entitled to reimbursement for expenses referred to in clause 17.4(b) which exceed the mode of transport, meals or the standard of accommodation agreed with the employer for these purposes.
17.5 Clothing and equipment
[17.4 renumbered as 17.5 by PR750882 ppc 15Mar23]
(a) Employees required by the employer to wear uniforms will be supplied with an adequate number of uniforms appropriate to the occupation free of cost to employees. Such items are to remain the property of the employer and be laundered and maintained by such employer free of cost to the employee.
(b) Instead of the provision of such uniforms, the employer may pay such employee a uniform allowance at the rate of $1.23 per shift or part thereof on duty or $6.24 per week, whichever is the lesser amount. Where such employee’s uniforms are not laundered by or at the expense of the employer, the employee will be paid a laundry allowance of $0.32 per shift or part thereof on duty or $1.49 per week, whichever is the lesser amount.
(c) The uniform allowance, but not the laundry allowance, will be paid during all absences on paid leave, except absences on long service leave and absence on personal/carer’s leave beyond 21 days. Where, prior to the taking of leave, an employee was paid a uniform allowance other than at the weekly rate, the rate to be paid during absence on leave will be the average of the allowance paid during the four weeks immediately preceding the taking of leave.
17.6 Meal allowances
[17.5 renumbered as 17.6 by PR750882 ppc 15Mar23]
[17.5(a) varied by PR579587, PR592385, PR606607, PR704180, PR707780, PR719102, PR729576, PR740980; 17.6(a) varied by PR762277 ppc 1Jul23]
(i) when required to work overtime beyond one hour after the usual finishing hour of work, or in the case of shiftworkers, when the overtime work on any shift exceeds one hour.
[17.5(a)(ii) varied by PR579587, PR592385, PR606607, PR704180, PR707780, PR719102, PR729576, PR740980; 17.6(a)(ii) varied by PR762277 ppc 1Jul23]
(ii) provided that where such overtime work exceeds four hours a further meal allowance of $13.70 will be paid.
(b) Clause 17.6(a) will not apply when an employee could reasonably return home for a meal within the meal break.
(c) On request the meal allowance will be paid on the same day as overtime is worked.
17.7 Higher qualifications allowance
[17.6 renumbered as 17.7 by PR750882 ppc 15Mar23]
(a) In addition to the weekly salaries (pro rata for part-time, casual and relieving employees) a Registered Nurse (Division 1) who holds a Hospital Certificate/Graduate Certificate, or a Post Graduate Diploma or Degree, or a Masters or Doctorate degree shall be paid the following qualification allowance:
|
Hospital Certificate or Graduate Certificate |
4% of the standard rate |
|
Post Graduate Diploma or |
6.5% of the standard rate |
|
Masters or Doctorate |
7.5% of the standard rate |
(b) A nurse may only claim payment for one allowance, being the highest qualification held.
(c) The above allowance shall be paid during all periods of leave.
[17.7 renumbered as 17.8 by PR750882 ppc 15Mar23]
[17.7(a) varied by PR571150 ppc 20Jul15]
(a) Where an employee works a rostered afternoon shift between Monday and Friday, the employee will be paid a loading of 12.5% of their ordinary rate of pay.
[17.7(b) varied by PR571150 ppc 20Jul15]
(b) Where an employee works a rostered night shift between Monday and Friday, the employee will be paid a loading of 15% of their ordinary rate of pay.
(c) The provisions of this clause do not apply where an employee commences their ordinary hours of work after 12.00 noon and completes those hours at or before 6.00 pm on that day.
(d) For the purposes of this clause:
(i) Afternoon shift means any shift commencing not earlier than 12.00 noon and finishing after 6.00 pm on the same day; and
(ii) Night shift means any shift commencing on or after 6.00 pm and finishing before 7.30 am on the following day.
[17.7(e) varied by PR571150 ppc 20Jul15]
(e) The shift penalties prescribed in this clause will not apply to shiftwork performed by an employee on Saturday, Sunday or public holiday where the extra payment prescribed by clause 23—Saturday and Sunday work and clause 28—Public holidays applies.
18.1 Superannuation legislation
[18.1 substituted by PR771407 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 18 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.
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.
18.3 Voluntary employee contributions
(c) The employer must pay the amount authorised under subclauses 18.3(a) or 18.3(b) no later than 28 days after the end of the month in which the deduction authorised under clauses 18.3(a) or 18.3(b) was made.
18.4 Superannuation fund
[18.4 varied by PR771407 ppc 09Apr24]
Unless, to comply with superannuation legislation, the employer is required to make the superannuation contributions provided for in clause 18.2 to another superannuation fund, the employer must make the superannuation contributions provided for in clause 18.2 and pay any amount authorised under clauses 18.3(a) or 18.3(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) First State Super;
(b) Health Employees Superannuation Trust of Australia (HESTA);
(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.
18.5 Absence from work
Subject to the governing rules of the relevant superannuation fund, the employer must also make the superannuation contributions provided for in clause 18.2 and pay the amount authorised under clauses 18.3(a) or 18.3(b):
(a) Paid leave—while the employee is on any paid leave;
(b) Work-related injury or illness—for the period of absence from work (subject to a maximum of 52 weeks) of the employee due to work-related injury or work-related illness provided that:
(i) the employee is receiving workers compensation payments or is receiving regular payments directly from the employer in accordance with the statutory requirements; and
(ii) the employee remains employed by the employer.
Part 5—Hours of Work, Breaks, Overtime, Shift Work, Weekend Work
19.2 The shift length or ordinary hours of work per day will be a maximum of 10 hours exclusive of meal breaks.
19.3 An accrued day off (ADO) system of work may be implemented via an employee working no more than 19 days in a four week period of 152 hours.
19.4 Each employee must be free from duty for not less than two full days in each week or four full days in each fortnight or eight full days in each 28-day cycle. Where practicable, such days off must be consecutive.
19.5 The hours of work will be continuous, except for meal breaks. Except for the regular changeover of shifts, an employee will not be required to work more than one shift in each 24 hours.
20. Rest breaks between rostered work
An employee will be allowed a rest break of eight hours between the completion of one ordinary work period or shift and the commencement of another ordinary work period or shift.
21. Accumulation and taking of accrued days off (ADOs)
21.1 Where an employee is entitled to an ADO, in accordance with the arrangement of ordinary hours of work as set out in clause 19—Ordinary hours of work. ADOs will be taken within 12 months of the date on which the first full ADO accrued.
21.2 With the consent of the employer, ADOs may be accumulated up to a maximum of five in any one year.
21.3 An employee will be paid for any accumulated ADOs, at minimum rates, on the termination of their employment for any reason.
22.1 Employees will work in accordance with a weekly or fortnightly roster fixed by the employer.
22.2 The roster will set out employees’ daily ordinary working hours and starting and finishing times and will be displayed in a place conveniently accessible to employees at least seven days’ before the commencement of the roster period.
22.3 Unless the employer otherwise agrees, an employee desiring a roster change will give seven days’ notice except where the employee is ill or in an emergency.
22.4 Seven days’ notice of a change of roster will be given by the employer to an employee. Except that, a roster may be altered at any time to enable the functions of the hospital or facility to be carried out where another employee is absent from work due to illness or in an emergency. Where any such alteration requires an employee working on a day which would otherwise have been the employee’s day off, the day off instead will be as mutually arranged.
23.1 Where an employee is rostered to work ordinary hours between midnight Friday and midnight Saturday, the employee will be paid a loading of 50% of their minimum rate of pay for the hours worked during this period.
23.2 Where an employee is rostered to work ordinary hours between midnight Saturday and midnight Sunday, the employee will be paid a loading of 75% of their minimum rate of pay for the hours worked during this period.
(a) Hours worked in excess of the ordinary hours on any day or shift prescribed in clause 19—Ordinary hours of work, are to be paid as follows:
(i) Monday to Saturday (inclusive)—time and a half for the first two hours and double time thereafter;
(ii) Sunday—double time; and
(iii) Public holidays—double time and a half.
(b) Overtime rates under this clause will be in substitution for and not cumulative upon the shift and weekend premiums prescribed in clause 23—Saturday and Sunday work and clause 17.8—Shift allowance.
(c) Part-time employees
All time worked by part-time employees in excess of the rostered daily ordinary full-time hours will be overtime and will be paid as prescribed in clause 24.1.
24.2 Time off instead of payment for overtime
(a) By agreement between the employer and employee, an employee may take time off instead of receiving payment for overtime at a mutually agreed time.
(b) The employee may take one hour of time off for each hour of overtime plus a period of time equivalent to the overtime penalty incurred.
24.3 Rest period after overtime
(a) When overtime work is necessary, it will, wherever reasonably practicable, be so arranged that employees have at least 10 consecutive hours off duty between the work of successive days or shifts, including overtime.
(b) An employee, other than a casual employee, who works so much overtime between the termination of their ordinary work on one day and the commencement of their ordinary work on the next day, that they have not had at least 10 consecutive hours off duty between those times, will be released after completion of such overtime, until they have had 10 consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.
(c) If, on the instruction of the employer, an employee resumes or continues to work without having had 10 consecutive hours off duty, they will be paid at the rate of double time until released from duty for such period. The employee will then be entitled to be absent until they have had 10 consecutive hours off duty without loss of pay for rostered ordinary hours occurring during the absence.
24.4 Rest break during overtime
An employee working overtime will take a paid rest break of 20 minutes after each four hours of overtime worked if required to continue to work after the break.
24.5 Recall to work when on call
An employee, who is required to be on call and who is recalled to work, will be paid for a minimum of three hours’ work at the appropriate overtime rate.
24.6 Recall to work when not on call
(a) An employee who is not required to be on call and who is recalled to work after leaving the employer’s premises will be paid for a minimum of three hours work at the appropriate overtime rate.
(b) The time spent travelling to and from the place of duty will be deemed to be time worked. Except that, where an employee is recalled within three hours of their rostered commencement time, and the employee remains at work, only the time spent in travelling to work will be included with the actual time worked for the purposes of the overtime payment.
(c) An employee who is recalled to work will not be obliged to work for three hours if the work for which the employee was recalled is completed within a shorter period.
(d) If an employee is recalled to work, the employee will be provided with transport to and from their home or will be refunded the cost of such transport.
25.1 Notwithstanding anything contained elsewhere in this award, whereby reason of legislation Summer time is prescribed as being in advance of the standard time, the length of any shift:
(a) commencing before the time prescribed pursuant to the relevant legislation for the commencement of a Summer time period; and
(b) commencing on or before the time prescribed pursuant to such legislation for the termination of a Summer time period;
shall be deemed to be the number of hours represented by the difference between the time recorded by the clock at the beginning of the shift and the time so recorded at the end, the time of the clock in each case to be set to the time fixed pursuant to the legislation.
25.2 In this clause standard time and Summer time shall bear the same meaning as are prescribed by legislation and legislation shall mean the Summer Time Act 1972, as amended or substituted.
Part 6—Leave of absence and public holidays
[Varied by PR571150]
Annual leave is provided for in the NES. This clause contains additional provisions.
26.1 Quantum of annual leave
(a) In addition to the entitlements in the NES, an employee is entitled to an additional week of annual leave on the same terms and conditions.
(b) For the purpose of the additional week’s annual leave provided by the NES, a shiftworker is defined as an employee who:
(i) is regularly rostered over seven days of the week; and
(ii) regularly works on weekends.
(c) To avoid any doubt, this means that an employee who is not a shiftworker for the purposes of clause 26.1(b) above is entitled to five weeks of paid annual leave for each year of service with their employer, and an employee who is a shiftworker for the purposes of clause 26.1(b) above is entitled to six weeks of paid annual leave for each year of service with their employer.
26.2 Quantum of annual leave
(a) Annual leave will be given and taken within six months of the employee becoming entitled to annual leave of more than five weeks.
(b) An employee may elect, with the consent of the employer, to take annual leave in single day periods or part of a single day not exceeding a total of 10 days in any calendar year at a time or times agreed between them.
26.3 Payment for annual leave
Before going on annual leave, an employee will be paid the amount of wages they would have received for ordinary time worked had they not been on leave during that period.
26.4 Annual leave loading
[26.4(a) varied by PR571150 ppc 20Jul15]
(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 on a maximum of 152 hours/four weeks annual leave per annum.
[26.4(b) varied by PR571150 ppc 20Jul15]
(b) Shiftworkers, in addition to their ordinary rate of pay, will be paid the higher of:
(i) an annual leave loading of 17.5% of ordinary pay; or
(ii) the weekend and shift penalties the employee would have received had they not been on leave during the relevant period.
26.5 Payment of annual leave on termination
On the termination of their employment, an employee will be paid their untaken annual leave and pro rata leave.
26.6 Christmas closedown
In addition to the annual leave prescribed by this award, where a maternal and child health care centre is not open on the days during the period between Christmas Day and New Year’s Day an employee is entitled to be absent from the centre on such days without deduction of pay.
27. Personal/carer’s leave and compassionate leave
27.1 Personal/carer’s leave and compassionate leave are provided for in the NES. This clause contains additional provisions.
27.2 Amounts of paid personal/carer’s leave
An employee is entitled to the following amount of paid personal/carer’s leave:
(a) up to 121 hours and 36 minutes annually in the first year of service (inclusive of the employee’s NES entitlement);
(b) up to 136 hours and 48 minutes in each year in the second, third and fourth years of service (inclusive of the employee’s NES entitlement);
(c) up to 190 hours in the fifth and following years of service (inclusive of the employee’s NES entitlement).
27.3 Compassionate leave entitlement
(a) An employee is entitled to four days’ of paid compassionate leave per occasion.
(b) Each day or part of a day used under this sub-clause is deducted from the amount of personal/carer’s leave after the first two days of absence.
[Varied by PR571150]
28.1 Public holidays are provided for in the NES. This clause contains additional provisions.
28.2 Payment for work done on public holidays
[28.2(a) varied by PR571150 ppc 20Jul15]
[28.2(b) varied by PR571150 ppc 20Jul15]
(b) Businesses that operate seven days a week shall recognise work performed on 25 December which falls on a Saturday or Sunday and, where because of substitution, is not a public holiday within the meaning of the NES with the Saturday or Sunday payment (as appropriate) plus an additional loading of 50% of the employee’s ordinary time rate for the hours worked on that day. All work performed on the substitute day by an employee will receive an additional loading of 50% of the ordinary time rate for the hours worked on that day instead of the rate referred to in clause 28.2(a).
28.3 Public holiday substitution
An employer and the employees may, by agreement, substitute another day for a public holiday.
28.4 Public holidays occurring on rostered days off
All full-time employees will receive a day’s ordinary pay for public holidays that occur on their rostered day off except where the public holidays fall on Saturday or Sunday with respect to Monday–Friday employees.
28.5 Accrued days off on public holidays
Where an employee’s accrued day off falls on a public holiday, another day, determined by the employer, will be taken instead within the same four or five week work cycle, where practical.
28.6 Additional leave days by mutual agreement
[28.6(a) varied by PR571150 ppc 20Jul15]
(a) In lieu of being paid double time under clause 28.2(a), where the employer and employee mutually agree in writing at the time the public holiday is worked, an employee may be paid their ordinary rate of pay for time worked on a public holiday and have the same number of hours worked accrued, to be taken as leave, including in conjunction with a period of annual leave.
[28.6(b) varied by PR571150 ppc 20Jul15]
(b) Payment for any days taken as leave, accrued in accordance with clause 28.5 shall be at the employee’s ordinary rate of pay, excluding shift and/or weekend penalties and annual leave loading.
(c) The taking of any additional days accrued as leave in accordance with clause 28.5 shall be by mutual agreement between the employer and employee, provided that such agreement shall not be unreasonably withheld.
(d) Any untaken additional days accrued as leave in accordance with clause 28.5 shall be paid out to the employee upon termination of employment.
(e) Provided that any additional days accrued as leave in accordance with clause 28.5 shall not be considered annual or personal/carer’s leave for any purpose.
An employee who is legitimately required by Aboriginal or Torres Strait Islander tradition to be absent from work for Aboriginal or Torres Strait Islander ceremonial purposes will be entitled to up to ten working days’ unpaid leave in any one year, with the approval of the employer.
The conditions under which an employee qualifies for accident pay is as prescribed below:
30.1 An employer will pay an employee accident pay where the employee receives an injury for which weekly payments of compensation are payable by or on behalf of the employer pursuant to the provisions of the Workplace Injury Rehabilitation and Compensation Act 2014 (Vic).
30.3 An employer will pay or cause to be paid accident pay as defined in clause 30.2, during the incapacity of the employee arising from any one injury for a total of 39 weeks whether the incapacity is in one continuous period or not.
30.4 The liability of the employer to pay accident pay in accordance with this clause will arise as at the date of the injury or accident in respect of which compensation is payable and the termination of the employee’s employment for any reason during the period of any incapacity will in no way affect the liability of the employer to pay accident pay as provided in this clause.
30.5 In the event that the employee receives a lump sum in redemption of weekly payments, the liability of the employer to pay accident pay will cease from the date of such redemption.
30.6 Notwithstanding the provisions of this clause:
(a) the liability to pay accident pay to casual, temporary or employees who retire, will cease at the expiration of such engagement or 39 weeks whichever is the lesser period.
(b) where an employee has given notice of his/her intention to retire and is injured prior to the notified date of retirement, the liability to pay accident pay will cease at the date on which the employee was due to retire or 39 weeks whichever is the lesser period.
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