tasmanian industrial commission t1524 t1525 of … · review the wage fixation principles and t1549...

This document is translated from the original order and is not in itself a legal document. No responsibility is taken for any discrepancy that may arise between this document and the order that was printed and published by the Printing Authority of Tasmania.

TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984 T1524 T1525 of 1988 IN THE MATTER OF APPLICATIONS BY THE

TASMANIAN PUBLIC SERVICE ASSOCIATION AND THE TASMANIAN TRADES AND LABOR COUNCIL RESPECTIVELY [CONSEQUENT ON THE DECISION OF THE FULL BENCH OF THE AUSTRALIAN CONCILIATION AND ARBITRATION COMMISSION IN THE NATIONAL WAGE CASE OF 12 AUGUST 1988] TO INCREASE WAGE RATES AND ALLOWANCES GENERALLY IN ALL AWARDS AND AGREEMENTS AND TO REVIEW THE WAGE FIXATION PRINCIPLES

AND

T1549 & T1550 of 1988 IN THE MATTER OF APPLICATIONS BY THE

ASSOCIATION OF PROFESSIONAL ENGINEERS, AUSTRALIA TO VARY THE PROFESSIONAL ENGINEERS (PRIVATE INDUSTRY) AWARD AND THE PROFESSIONAL ENGINEERS AWARD

RE: $10 INCREASE

AND T1779 of 1988 IN THE MATTER OF PROCEEDINGS ON THE

MOTION OF THE COMMISSION, PURSUANT TO SECTION 24(3) OF THE INDUSTRIAL RELATIONS ACT 1984, TO VARY CLAUSE 6 – PARTIES AND PERSONS BOUND OF THE HOSPITAL EMPLOYEES (PUBLIC HOSPITALS) AWARD; HOSPITALS AWARD; MEDICAL PRACTITIONERS (PRIVATE SECTOR) AWARD; NURSES (MENTAL HEALTH SERVICES) AWARD; NURSES (PUBLIC HOSPITALS) AWARD; NURSES (PUBLIC SERVICE) AWARD; PHYSIOTHERAPISTS, OCCUPATIONAL THERAPISTS AND SPEECH PATHOLOGISTS AWARD; SOCIAL TRAINERS AWARD AND DENTISTS AWARD

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AND

T1862 of 1989 IN THE MATTER OF AN APPLICATION BY

THE TASMANIAN CONFEDERATION OF INDUSTRIES TO VARY THE HOSPITALS AWARD

RE: METHOD OF CALCULATION OF

JUNIOR RATES ORDER -

No. 2 of 1989 (Consolidated)

AMEND THE HOSPITALS AWARD BY DELETING ALL CLAUSES CONTAINED THEREIN AND INSERTING IN LIEU THEREOF THE FOLLOWING:

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1. TITLE This award shall be known as the "Hospitals Award". 2. SCOPE This award is established in respect of the industry of: (a) providing hospital services; (b) providing care for aged persons in homes established for that purpose; or (c) providing blood bank services. (d) providing care for handicapped persons in homes established for that purpose. 3. ARRANGEMENT

SUBJECT MATTER CLAUSE N0. Title 1 Scope 2 Arrangement 3 Date of Operation 4 Supersession and Savings 5 Parties and Persons Bound 6 Definitions 7 Wage Rates 8

CONDITIONS FOR EMPLOYEES IN DIVISION A - STAFF EMPLOYED IN PRIVATE HOSPITALS

Accommodation and Other Requirements 9 Ancillary and Clerical Staff (as defined) – Special Conditions 10 Annual Leave 11 Apprentices 12 Breakages 13 Call Back 14 Casual Employees 15 Certificate and Diploma Allowances (Registered Nursing Staff) 16 Climatic and/or Isolation Allowances 17 Close Call 18 Compassionate Leave 19 Contract of Employment 20 Deduction of Union Subscriptions 21 Employee. Handling Cash 22

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Excess Fares 23 Holidays 24 Hours 25 Licence Allowance 26 Lifting of Patients 27 Maternity Leave 28 Meals 29 Notice Board 30 Overtime - Day Workers 31 Part-time Employees 32 Part-time Employees – Leave Without Pay 33 Payment of Wages 34 Preference to Unionists 35 Protective Clothing and Safety Appliances 36 Remote Call 37 Saving 38 Shift Work 39 Sick Leave 40 Student Nurses 41 Travelling Allowances 42 Uniforms 43 Union Officials - Right of Entry 44 Union Stewards 45 Work Above Floor Level 46 Work on Higher Duties 47

CONDITIONS FOR EMPLOYEES IN DIVISION B - EMPLOYEES IN ESTABLISHMENTS PROVIDING CARE FOR AGED PERSONS

Accommodation and Other Requirements 48 Ancillary and Clerical Staff (as defined) – Special Conditions 49 Annual Leave 50 Breakages 51 Call Back 52 Call – Close and Remote 53 Casual Employees 54 Certificate and Diploma Allowances 55 Climatic and/or Isolation Allowances 56 Compassionate Leave 57 Contract of Employment 58 Excess Fares 59 Holidays 60 Hours of Work 61 Licence Allowance 62 Lifting of Patients 63 Maternity Leave 64 Meals 65 Notice Board 66

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Overtime 67 Part-time Employees 68 Payment of Wages 69 Preference to Unionists 70 Protective Clothing and Safety Appliances 71 Saving 72 Shift Work 73 Sick Leave 74 Uniforms 75 Union Officials - Right of Entry 76 Union Stewards 77 Union Subscription - Deduction 78 Wage and Time Record 79 Work Done Above Floor Level 80 Work on Higher Duties 81

CONDITIONS FOR EMPLOYEES IN DIVISION C - BLOOD BANK SERVICES

Accommodation and Travelling 82 Amenities 83 Annual Leave 84 Breakages 85 Call Back 86 Compassionate Leave 87 Holidays with Pay 88 Hours of Duty 89 Intermittent Employees 90 Licence Allowance 91 Maternity Leave 92 Meal Allowance 93 Meal and Rest Period 94 Mixed Functions 95 Overtime 96 Payment 97 Preference to Unionists 98 Remote Call 99 Rest Period After Overtime 100 Right of Entry 101 Saturday, Sunday and Holiday Work 102 Saving 103 Sick Leave 104 Termination of Service 105 Time and Wages Record 106 Tools of Trade 107 Transport of Employees Required to Work Overtime 108 Travelling Allowance 109 Uniforms 110 Work During Meal Break 111

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CONDITIONS FOR EMPLOYEES IN DIVISION D - EMPLOYEES OF HOMES FOR HANDICAPPED PERSONS AND IN THE CASE OF ST GILES SOCIETY

ALSO INCLUDES EMPLOYEES ENGAGED IN AUXILIARY SERVICES AS PROVIDED

Aged and Infirm Workers 112 Annual Leave 113 Board and Lodging 114 Calculation of Service 115 Call Back 116 Casual Employees 117 Compassionate Leave 118 Contract of Employment 119 Day Off 120 Deduction of Union Contributions 121 Disputes and Grievance Procedure 122 Dressing Rooms, Etc. 123 Excess Fares 124 Foul or Nauseous Linen 125 Higher Duties Allowance 126 Holidays With Pay 127 Hours 128 Lifting of Patients 129 Maternity Leave 130 Overtime 131 Part-Time and Intermittent Employees 132 Payment of Wages 133 Preference to Unionists 134 Probation 135 Promotion 136 Protective Clothing 137 Right of Entry 138 Roster 139 Safety Appliances 140 Savings 141 Shift Work and Shift Allowance 142 Sick Leave 143 Sleeping in Allowance 144 Time and Wage Record 145 Uniforms 146 Union Stewards 147

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4. DATE OF OPERATION This award shall come into operation from the beginning of the first full pay period to commence on or after 15 March 1989. It is a tern of this award (arising from the decision of the Tasmanian Industrial Commission in the State Wage Case of 5 September 1988) that the union(s) undertake(s), until 1 July 1989, not to pursue any claims, award or overaward, except where consistent with the State Wage Case Principles. 5. SUPERSESSION AND SAVINGS This award incorporates and supersedes No. 10 of 1988 (Consolidated), Nos. 11, 12 and 13 of 1988 and No. 1 of 1989. PROVIDED FURTHER that no right, obligation or liability incurred or accrued under any of the abovementioned provisions shall be affected by the replacement and supersession. 6. PARTIES AND PERSONS BOUND Unless otherwise specified, this award shall have application to and be binding upon: (a) all employers (whether members of a Registered organization or not) who are

engaged in the industry specified in Clause 2 - Scope; (b) all employees (whether members of a Registered organization or not) for whom

classifications appear in this award and who are engaged in the industry specified in Clause 2 - Scope;

(c) the Hospital Employees' Federation of Australia, Tasmania Branch and the officers

of that organization and their members employed in the industry specified in Clause 2 - Scope;

(d) the Australian Nursing Federation, Tasmanian Branch and the officers of that

organization and their members employed in the industry specified in Clause 2 - Scope;

(f) the Tasmanian Confederation of Industries; and (g) the Tasmanian Trades and Labor Council.

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7. DEFINITIONS

For the purposes of Division A 'Ancillary and clerical staff' means all staff other than executive and student and registered nursing staff. 'Assistant Matron' means a registered nurse who relieves the Deputy Matron and who assists in the hospital administration. 'Clerical staff' means those staff employed in any of the following classifications: Catering Officer, Clerk, Senior Clerk or Clerk in Charge, Typist, Typist or Female Clerk in Charge, Office Assistant, Machinist, Stenographer. 'Cook (qualified)' means a person who holds trade qualifications in cooking or a person who has passed a trade test conducted by the Tasmanian School of Hospitality or a person who has had 6 years continuous experience as a cook in a hospital or private medical establishment. 'Day worker' means an employee whose weekly ordinary hours of work are performed within the days Monday to Friday inclusive. 'Deputy Matron' means a registered nurse who relieves the Matron and who assists in the hospital administration. 'Domestic Co-ordinator' means an employee who is responsible for the control and administration of Catering, Housekeeping and Laundry Services. 'Executive staff' means the Secretary and the Matron. 'Full-time employee' means a person engaged to work for the full ordinary hours prescribed in Clause 25 - Hours. 'Home centre' means the town in which is situated the hospital at which the employee is employed. 'Hospital Aide' means an untrained unregistered employee who assists with nursing duties in a general hospital area. 'Matron' means a registered nurse who has charge of the nursing administration in a hospital or in an establishment providing care for aged persons. 'Medical staff' means all full-time medical staff and includes dental surgeons. 'Night Nurse-in-Charge' means the nurse appointed as such by the responsible authority.

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'Nursing Assistant' means an untrained unregistered employee who assists with nursing duties in a geriatric wing. 'Part-time employee' means a person, other than a full-time employee or casual employee engaged to work regularly in each pay period for less hours than an equivalently classified full-time employee. 'Part-time shift worker' means a person who holds a position on a roster prescribed in Clause 39(c). 'Registered Auxiliary Nurse' means an employee who, after the completion of one year or two years in a recognized training school, has passed the prescribed examination as set down by the Nurses' Registration Board. 'Registered Nurse' means a person registered as a general, geriatric, psychiatric or mental deficiency nurse under the provisions of the Nurses' Registration Act 1952. 'Relevant award rate' means the rate specified for the appropriate year of service applicable to the employee in the appropriate classification in Clause 8, excluding all allowances, loadings etc. 'Roster' - for the purposes of Clause 39 - Shift Work, a roster is a document setting out clearly the names of the employees required to work in accordance with such roster, the days, dates and hours during which each employee is required to attend for duty. 'Shift worker' means an employee whose ordinary weekly hours of work are performed in accordance with a roster which regularly includes Saturdays and Sundays and notwithstanding includes all employees who are not dayworkers. PROVIDED ALWAYS that to qualify as a shift worker under this definition, for the purpose only of calculating annual leave entitlements an employee shall be rostered to perform work on not less than 10 Saturdays and not less than 10 Sundays during any one leave year. 'Show Day' means not more than one local show day observed on an employee's ordinary working day, other than a Saturday or a Sunday, in the city, town or district in which the employee is employed; or such other day which, in the absence of such a local show day, is agreed on by the employee and the employer, therefore making a total of 11 paid public holidays per year. 'Student and registered nursing staff' means those staff required to be registered by the Nurses' Registration Board or those staff who are employed as full-time students and whose training, if successful, would lead to registration by that Board. 'Student Nurse' means an employee undergoing training as general, child health, geriatric, mothercraft or auxiliary nurse at a training institution approved under the provisions of the Nurses' Registration Act 1952.

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'Technical staff' means those staff employed in any of the following classifications: Dietitian, Physio, Occupational or Speech Therapist. 'Year of service' shall mean 365 days of employment in an approved hospital, including rostered days off, public holidays, paid annual leave, and paid sick leave.

For the purposes of Division B 'Ancillary and clerical staff' means all staff other than executive and registered nursing staff. 'Assistant Matron' means a registered nurse who relieves the Deputy Matron and who assists in the administration of the establishment. 'Casual employee' means a person who either: (i) relieves a full-time or part-time employee; or (ii) is engaged temporarily for specific duties for a period not exceeding 8 weeks. 'Cook (qualified)' means a person who holds trade qualifications in cooking or a person who has passed a trade test conducted by the Tasmanian School of Hospitality or a person who has had 6 years' continuous experience as a cook in a hospital or private medical establishment. 'Day worker' means an employee whose weekly ordinary hours of work are performed within the days Monday to Friday inclusive. 'Deputy Matron' means a registered nurse who relieves the Matron and who assists in the administration of the establishment. 'Executive staff' means the Secretary/Manager, Assistant Secretary/Manager, Matron and Deputy Matron. 'Full-time employee' means a person engaged to work for the full ordinary hours prescribed in Clause 61 - Hours of Work. 'Home centre' means a town in which is situated the establishment at which the employee is employed. 'Matron' means a registered nurse who has charge of the nursing and domestic staff in an establishment providing care for aged persons. 'Night Nurse-in-Charge' means the nurse appointed as such by the responsible authority. 'Nursing Assistant' means an untrained unregistered employee who assists with nursing duties.

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'Part-time employee' means a person other than a full-time employee or casual employee engaged to work regularly in each pay period for less hours than an equivalently classified full-time employee. 'Part-time shift worker' means a person who holds a position on a roster prescribed in Clause 73(b). 'Registered Auxiliary Nurse' means an employee who, after the completion of one or two years in a recognized training school, has passed the prescribed examination as set down by the Nurses' Registration Board. 'Registered Nurse' means a person registered as a general, geriatric, psychiatric or mental deficiency nurse under the provisions of the Nurses' Registration Act 1952. 'Registered nursing staff' means a Registered Nurse, or a Registered Auxiliary Nurse. 'Relevant award rate' means the rate specified for the appropriate year of service applicable to the employee by the appropriate classification in Clause 8, excluding all allowances, loadings etc. 'Roster' - For the purposes of Clause 73 - Shift Work - a roster is a document setting out clearly the names of the employees required to work in accordance with such roster, the days, dates and hours during which each employee is required to attend for duty. 'Shift worker' means an employee whose ordinary weekly hours of work are performed in accordance with a roster which regularly includes Saturdays and Sundays and notwithstanding includes all employees who are not day workers. PROVIDED ALWAYS that to qualify as a shift worker under this definition for the purposes only of calculating annual leave entitlements an employee shall be rostered to perform work on not less than 10 Saturdays and not less than 10 Sundays during any one leave year. 'Show Day' means not more than one local show day observed on an employee's ordinary working day, other than a Saturday or a Sunday, in the city, town or district in which the employee is employed; or such other day which, in the absence of such a local show day, is agreed on by the employee and the employer, therefore making a total of 11 1/2 paid public holidays per year. 'Year of service' shall mean 365 days of employment in an approved establishment providing care for aged persons, including rostered days off, public holidays, paid annual leave, and paid sick leave.

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For the purposes of Division C 'Nurse-in-charge' means a registered general nurse who is in charge of a branch of the Tasmanian Blood Transfusion Service at Launceston, Devonport, or Burnie, if appointed as such. 'Registered Nurse' means a nurse who is registered with the Nurses' Registration Board and is the holder of a current general nursing certificate. 'Service' means service in a blood bank. 'Show Day' means not more than one local show day observed on an employee's ordinary working day, other than a Saturday or a Sunday, in the city, town or district in which the employee is employed; or such other day which, in the absence of such a local show day; is agreed on by the employee and the employer, therefore making a total of 11 paid public holidays per year. 'Supervisory Nurse' means a registered general nurse who is responsible for the administration and provision of nursing services in the Tasmanian Blood Transfusion Service, if appointed as such.

For the purposes of Division D 'Casual employee' shall be a person who is employed on a casual basis, and shall include any person who is employed for a period not exceeding 5 days at any one time. 'Cook (qualified)' is a person who holds trade qualifications in cooking or a person who has passed a trade test conducted by the Tasmanian School of Hospitality or a person who has had 6 years continuous experience as a cook in a hospital or private medical establishment, or childrens home covered by this division. 'Day worker' is one whose weekly ordinary hours of work are performed within the days Monday to Friday inclusive. 'Part-time employee' shall be a person engaged regularly to work for fewer hours per day or week than those prescribed for full-time employees. 'Show Day' means not more than one local show day observed on an employee's ordinary working day, other than a Saturday or a Sunday, in the city, town or district in which the employee is employed; or such other day which, in the absence of such a local show day, is agreed on by the employee and the employer, therefore making a total of 11 1/2 paid public holidays per year. 'Year of Service' shall mean 365 days of employment in an approved hospital, including rostered days off, public holidays, paid annual leave, and paid sick leave.

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8. WAGE RATES

DIVISION A - STAFF EMPLOYED IN PRIVATE HOSPITALS

1. WAGES Adult employees classified hereunder shall, except as otherwise specified, be paid the wage rate assigned to that classification.

SUBDIVISION 1 - STUDENT AND REGISTERED NURSING STAFF % OF WAGE RATE AMOUNT PER WEEK FOR ADULT OF 40 HOURS STUDENT NURSE $ 1ST YEAR OF TRAINING HEREIN 1. Student Nurse (General) - 1st year of training 72 233.00 2nd year of training 84 270.70 3rd year of training 94 305.70 PROVIDED ALWAYS that

(i) A student nurse on attaining the age of 21 years, shall be paid a total wage of not less than -

1st year of training 323.60 2nd year of training 335.00 3rd year of training 344.70 (ii) A student nurse who has successfully completed the examinations prescribed

by the Nurses' Registration Board for the Certificate in General Nursing shall be paid from the beginning of the first full pay period to commence on or after the date of passing the said examinations, and until such time as registration is granted a total wage of not less than $364.00

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2. Registered Nurse – 1st year of service 370.60 2nd year of service 391.20 3rd year of service 412.40 4th year of service 426.70 5th year of service and thereafter 448.80 A Registered Nurse required to assume charge of a Ward (where a Nurse-in-charge

is normally employed) or a hospital or home during the absence of the Nurse-in-charge or Matron as the case may be, provided such person is not on "close call" shall be paid an allowance of $7.65 per shift or part thereof. Provided that this allowance shall not be payable if the period involved is less than 4 hours and provided that no nurse classified above the level of Registered Nurse is on duty and responsible for the hospital, home or ward, as the case may be, at the time.

3. Nurse-in-charge of Ward - Class I 1st year of service 497.90 2nd year of service and thereafter 509.40 Class II A Class II Nurse-in-Charge is a 530.90 nurse appointed as such 4. Tutor Nurse or Clinical Instructor-in-Charge, i.e. where two or more Tutor Nurses,

or Clinical Instructors are required - (a) With Tutor Diploma – 1st year of service 559.10 2nd year of service and thereafter 570.00 (b) Without Tutor Diploma - 1st year of service 530.20 2nd year of service and thereafter 541.40 5. Tutor Nurse or Clinical Instructor (other) - (a) With Tutor Diploma 541.40 (b) Without Tutor Diploma 512.50

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6. Supervisory Nurse or Housekeeper i.e. a Registered Nurse appointed as such to supervise a Department -

1st year of service 541.40 2nd year of service and thereafter 550.80 7. Assistant Director of Nursing (if appointed as such) - Grade 1 - St. Johns, Calvary, St. Vincents 1st year of service 580.70 2nd year of service and thereafter 591.50 Grade 2 - Others 1st year of service 555.50 2nd year of service and thereafter 566.30 8. Deputy Director of Nursing (if appointed as such) - Grade 1 - St. Johns, Calvary, St. Vincents 1st year of service 647.30 2nd year of service and thereafter 658.70 Grade 2 - Others 1st year of service 627.10 2nd year of service and thereafter 638.50 9. Director of Nursing - Grade I - St. Johns, Calvary and St. Vincents 764.70 Grade II - St. Helens and St. Lukes 1st year of service 682.90 2nd year of service and thereafter 710.20 Grade III - Others 1st year of service 573.70 2nd year of service and thereafter 601.00

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% OF WAGE RATE FOR AMOUNT PER WEEK MOTHERCRAFT NURSE OF 40 HOURS (REG.) 20 YEARS OF $ AGE AND OVER 1ST YR OF SERVICE HEREIN 10. Mothercraft Nurses (Registered) - Under 20 years 1st year of service as Mothercraft Nurse 82 273.70 2nd year of service as Mothercraft Nurse 87 291.90 3rd year of service as Mothercraft Nurse and thereafter 92 307.70 20 years of age and over 1st year of service as Mothercraft Nurse 333.90 2nd year of service as Mothercraft Nurse 344.00 3rd year of service as Mothercraft Nurse 350.90 and thereafter 11. Registered Auxiliary Nurse - 1st year of service as Auxiliary Nurse 340.90 2nd year of service as Auxiliary Nurse 347.90 3rd year of service as Auxiliary Nurse 358.00 4th year of service as Auxiliary Nurse 368.10 and thereafter PROVIDED ALWAYS that a Registered Auxiliary Nurse -

(i) who is one year trained shall not progress beyond the wage rate prescribed for the 3rd year of service until he/she has qualified as two-year trained;

(ii) who is two-year trained shall commence at the wage rate prescribed for the

2nd year of service and progress by annual increments to the maximum of the scale.

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AMOUNT PER WEEK OF 40 HOURS $ 12. Senior or Charge - Grade 1 345.20 Grade 2 351.60 PROVIDED ALWAYS that no person shall be appointed or promoted to Grade 2

unless he/she holds the two-year trained qualification. % OF WAGE RATE AMOUNT PER WEEK FOR ADULT STUDENT OF 40 HOURS AUXILIARY NURSE $ 1ST YEAR OF TRAINING HEREIN 13. Student Auxiliary Nurse -

(i) Junior First year of training 68 220.70 Second year of training 83 266.40

PROVIDED ALWAYS that a Student Auxiliary (junior) shall, on attaining the age of 21 years be transferred to the Student Auxiliary Nurse (adult) salary scale at the salary rate which is appropriate to his/her year of training.

(ii) Adult

First year of training 322.50 Second year of training 333.60

SUBDIVISION 2 - ANCILLARY SERVICE AND CLERICAL EMPLOYEES AMOUNT PER WEEK OF 37 1/2 HOURS $ 1. Physiotherapist or Occupational Therapist or Speech Therapist - 1st year of service 406.70 2nd year of service 426.80 3rd year of service 447.00 4th year of service 466.80 5th year of service 486.80 6th year of service and thereafter 506.40

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2. Dietitians - 1st year of service 404.90 2nd year of service 425.00 3rd year of service 445.00 4th year of service 465.00 5th year of service 484.50 6th year of service and thereafter 504.30 3. Catering Officer - 1st year of service 475.60 2nd year of service and thereafter 489.00 4. Clerks – Adults - 1st year of service 329.50 2nd year of service 339.00 3rd year of service 348.40 4th year of service 357.70 5th year of service 367.30 6th year of service 377.20 7th year of service 386.70 8th year of service and thereafter 397.70 5. Senior Clerk - or Clerk-in-Charge - 1st year of service 408.20 2nd year of service 421.90 3rd year of service and thereafter 435.40 6. Typists - 1st year's adult experience 332.00 2nd year's adult experience 336.60 3rd year's adult experience 341.50 PROVIDED ALWAYS that an employee who has satisfactorily passed a typewriting

test of 50 words per minute shall be paid a proficiency allowance at the rate of $181 per annum.

7. Typist or Female Clerk-in-Charge - 1st year of adult experience 360.00 2nd year of adult experience 365.10 3rd year of adult experience and thereafter 369.80

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8. Office Assistant - 1st year of adult experience 332.00 2nd year of adult experience 336.60 3rd year of adult experience and thereafter 341.50 9. Machinist - 1st year of adult experience 332.00 2nd year of adult experience 336.60 3rd year of adult experience 341.50 4th year of adult experience and thereafter 346.20 10. Stenographers - Class I - 1st year's adult experience 336.60 2nd year's adult experience 341.50 3rd year's adult experience 346.20 4th year's adult experience and thereafter 350.60 PROVIDED ALWAYS that -

(i) no person or employee shall be appointed or promoted to a position classified within this. class unless he/she has satisfactorily passed a stenography test at 80 words per minute.

(ii) A person or employee appointed or promoted too a position classified within

this class who has satisfactorily passed a stenography test at one or other of the speeds undermentioned shall in addition to the abovementioned salary rates, be paid a proficiency allowance at the rate of -

100 words per minute $362 per annum 120 words per minute $542 per annum

Stenographers - Class II - 1st year's adult experience 374.60 2nd year's adult experience 379.80 3rd year's adult experience and thereafter 384.50

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AMOUNT PER WEEK OF 40 HOURS $ 11. Switchboard Operator - 1st year of service 328.40 2nd year of service 336.10 3rd year of service 339.60 4th year of service and thereafter 342.30 12. Theatre Technician -

(a) (Unqualified) 1st year of service 352.20 2nd year of service 355.90 3rd year of service 359.40 4th year of service and thereafter 362.40

(b) Qualified (2 year diploma in Theatre Technology) 1st year of service 371.60 2nd year of service 380.70 3rd year of service 390.00 13. Carpenter - 1st year of service 392.20 2nd year of service 397.90 3rd year of service 403.50 4th year of service 414.30 5th year of service and thereafter 419.90 14. Painter - 1st year of service 392.20 2nd year of service 397.90 3rd year of service 403.50 4th year of service 414.30 5th year of service and thereafter 419.90 A Carpenter or Painter, as determined by the employer, shall be paid an allowance

at the rate of $6.40 per week for the disability associated with any construction work. Other tradesmen, as determined by the employer, may be paid a pro rata allowance on a daily basis for similar work with a minimum payment of one fifth of the weekly rate.

PROVIDED THAT a Carpenter or Painter shall only be paid the allowance when

actually engaged on construction work.

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15. Fitter - 1st year of service 392.20 2nd year of service 397.90 3rd year of service 403.50 4th year 'of service 414.30 5th year of service and thereafter 419.90 A Maintenance Fitter who holds a certificate of Competency as an Electric Welder,

issued by the Department of Labour and Industry, who is required to carry out high-pressure welding to that Department's standards, on vessels or pipes carrying steam under pressure, shall be paid an allowance of 30 cents per hour in respect of time spent in performing such duties.

16. Electrical Mechanic - 1st year of service 392.20 2nd year of service 397.90 3rd year of service 403.50 4th year of service 414.30 5th year of service and thereafter 419.90 PROVIDED THAT an employee who is a holder of an 'A' Grade Wireman's License

shall be paid an additional allowance of $12.00 per week. An Electrical Mechanic who is required by the employer to hold an 'A' Grade

Wireman's Licence, and is required to perform work which must be performed by a person holding an 'A' Grade Wireman's Licence, shall be paid $13.10 per week in addition to the above salary rates.

17. Plumber 1st year of service 392.20 2nd year of service 397.90 3rd year of service 403.50 4th year of service 414.30 5th year of service and thereafter 419.90

(a) A Plumber who is required by the employer to be registered by the appropriate State Authority shall in addition to the above salary rate be paid a Registration Allowance at the rate of $14.20 per week.

(b) A Registered Plumber, other than a Foreman Plumber (classified as such) who

is required to act as the employers' nominee and to assume responsibility in his/her own name for the plumbing work of a hospital or department of a hospital shall be paid whilst acting as such nominee an allowance of $36.30 per week.

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PROVIDED THAT the employer shall provide a person employed as either an Electrical Mechanic or Maintenance Fitter with all hand, power or special tools necessary for the proper performance of such employee's duties.

Where the employer does not supply either an Electrical Mechanic or a Maintenance

Fitter with hand tools or where an employee is required to provide his/her own tools for use in the service of the employer he/she shall be paid a tool allowance in accordance with the following rates:

Per Week Trade $ Electrical Mechanic 7.90 Maintenance Fitter 7.90 Plumber 9.70 Carpenter 9.70 Painter 7.90 Chef and Cook 4.40 PROVIDED THAT the above allowance shall not be subject to any premium or penalty additions.

AMOUNT PER WEEK OF 40 HOURS $ 18. Attendant Class I - 1st year of service 326.90 2nd year of service 330.70 3rd year of service 334.20 4th year of service and thereafter 337.10 Attendant Class II - 1st year of service 341.10 2nd year of service 344.10 3rd year of service 350.10 4th year of service and thereafter 353.70 19. Ward Cleaner, Window Cleaner - 1st year of service 320.40 2nd year of service 323.90 3rd year of service 327.70 4th year of service and thereafter 330.70

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20. (i) Gardener - 1st year of service 332.40 2nd year of service 336.00 3rd year of service 339.40 4th year of service and thereafter 342.10 (ii) Gardener-in-Charge - 1st year of service 346.80 2nd year of service 350.40 3rd year of service 353.90 4th year of service and thereafter 356.60 21. Kitchen Hand – 1st year of service 320.40 2nd year of service 323.90 3rd year of service 327.70 4th year of service and thereafter 330.70 22. Storeman – 1st year of service 340.30 2nd year of service 343.70 3rd year of service 347.30 4th year of service and thereafter 350.20 23. Cooks - (Qualified) - (a) Cook (as defined) 1st year of service 392.20 2nd year of service 397.90 3rd year of service 403.50 (b) Cook in Charge of 1 - 4 Cooks 1st year of service 430.40 2nd year of service and thereafter 436.00 (c) Cook in Charge of more than 4 Cooks 443.10 24. Cook - (Unqualified) 377.00

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25. General Repairs or Handyman – 1st year of service 342.50 2nd year of service 346.30 3rd year of service 349.80 4th year of service and thereafter 352.50 26. Wardsmaid, Kitchenmaid, Theatremaid, Waitress and Housemaid - 1st year of service 320.40 2nd year of service 323.80 3rd year of service 327.70 4th year of service and thereafter 330.70 27. Head Waitress – 1st year of service 331.70 2nd year of service and thereafter 334.60 28. Laundryhand, Washing Machine Hand, Linen Sorter - 1st year of service 322.20 2nd year of service 325.80 3rd year of service 329.20 4th year of service and thereafter 332.40 29. Laundryhand-in-Charge - 1st year of service 334.20 2nd year of service and thereafter 337.10 30. Hospital Aide – 1st year of service 326.90 2nd year of service 330.70 3rd year of service 334.20 4th year of service and thereafter 337.10 31. Nursing Assistant (when engaged in an Aged Person's Home or a Geriatric Wing of a

Private Hospital) - 1st year of service 336.80 2nd year of service 342.40 3rd year of service 348.40 4th year of service and thereafter 354.30

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31A. Domestic Co-ordinator (St Vincents) 1st year of service 489.00 2nd year of service and thereafter 530.20 32. Domestic Supervisor or Housekeeper - 1st year of service 356.40 2nd year of service and thereafter 361.20 33. Assistant Domestic Supervisor or Housekeeper - 1st year of service 345.70 2nd year of service and thereafter 350.30 34. Dressmaker-in-Charge - 1st year of service 346.50 2nd year of service 350.10 3rd year of service and thereafter 353.00 35. Dressmaker - 1st year of service 332.90 2nd year of service 336.40 3rd year of service 340.10 4th year of service and thereafter 342.80 PROVIDED ALWAYS that in addition to the above salary a dressmaker with formal

qualifications equivalent to a 2 year part-time Technical College Certificate, or qualifications deemed equivalent by the Controlling Authority shall be paid a qualification allowance at the rate of $187 per annum. The foregoing rate shall not be subject to premium or penalty addition.

36. Machinist Seamstress - 1st year of service 324.20 2nd year of service 328.10 3rd year of service 331.70 4th year of service and thereafter 334.60

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37. Therapy Assistant - 1st year of service 340.10 2nd year of service 344.80 3rd year of service 356.40 4th year of service 361.10 PROVIDED THAT this classification shall be restricted to an employee carrying out

treatment programmes established by a qualified Physio, Occupational or Speech Therapist.

38. Apprentices - The salary rate for apprentices shall be Percentage of First Year of Service of the relevant Tradesman's Rate Four-year term % First year of apprenticeship 44.5 Second year of apprenticeship 57.5 Third year of apprenticeship 75.0 Fourth year of apprenticeship 88.0

SUBDIVISION 3 - EXECUTIVE STAFF The provisions of this section shall apply to employees mentioned and defined in the subclause titled "For the purposes of Division A" of Clause 7. AMOUNT PER WEEK OF 37 1/2 HOURS $ Secretary (a) St. Johns and Calvary 1st year of service 668.40 2nd year of service and thereafter 682.50 (b) St. Lukes 1st year of service 570.10 2nd year of service 580.10 3rd year of service and thereafter 593.10

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(c) Other Hospitals 1st year of service 457.60 2nd year of service and thereafter 470.50 (d) Accountant St. Johns (present occupant only) 1st year of service 531.50 2nd year of service 544.60 3rd year of service and thereafter 557.10 (e) Administrative Officer, St. Helen's Hospital (occupant as at 15.3.1983) 557.10

2. WAGE RATES JUNIORS Junior workers not elsewhere provided for shall be paid the following amounts as wages: % OF WAGE RATE AMOUNT PER WEEK FOR CLERK-ADULT OF 37 1/2 HOURS 1ST YR OF SERVICE HEREIN $ (a) Clerks, Typists, Stenographers - Under 17 years of age 53 174.60 17 to 18 years of age 61 201.00 18 to 19 years of age 71 233.90 19 to 20 years of age 81 266.90 20 to 21 years of age 90 296.60 % OF WAGE RATE AMOUNT PER WEEK FOR WARDSMAID ETC OF 40 HOURS 1ST YR OF SERVICE HEREIN $ (b) Domestic and other juniors not elsewhere provided for - Under 17 years of age 52 166.60 17 to 18 years of age 61 195.40 18 to 19 years of age 72 230.70 19 to 20 years of age 83 265.90 20 to 21 years of age 91 291.60

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PROVIDED ALWAYS that a junior employee paid under this item shall not receive less than:

57.5% at 18 years 75% at 19 years 88% at 20 years of the first increment of the classification range which would be appropriate to an

adult performing the same type of work.

3. MEAL CHARGES The maximum amount that shall be charged or deducted where an employee receives a meal from his/her employer shall be:- Lunch or Evening Meal Rate Per Meal Two or three courses $2.70 Single hot or cold main course $2.10 Single (other) course i.e. soup or sweet $1.90 All breakfasts $1.90 PROVIDED ALWAYS that - (i) A minimum charge of $1.90 applies for each meal taken. (ii) In each case where a one, two or three course meal is ordered and charged for as

above, no extra charge is to be levied for either beverages, toast, bread, butter or condiments.

4. TOOL ALLOWANCE

In addition to the wage rates prescribed in subclause 1 of this division the undermentioned classifications shall be paid the following tool allowance per week – $ Carpenter 7.20 Painter 5.80 Fitter 5.80 Electrical Mechanic 5.80 PROVIDED THAT - (i) the employer shall provide a person employed as either an electrical mechanic or

maintenance fitter with all hand, power or special tools necessary for the proper performance of such employee's duties.

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(ii) where an employer does not supply either an electrical mechanic or maintenance fitter with hand tools or where an employee is required to provide his/her own tools for use in the service of his/her employer he/she shall be paid a tool allowance in accordance with the above rates.

5. CERTIFICATE AND DIPLOMA ALLOWANCES

Certificate - $6.60 per week Diploma (1/2 year course) - $8.80 per week Diploma (1 year course) - $15.40 per week PROVIDED ALWAYS that: (i) an allowance in respect of a Tutor Sister Diploma shall not be paid to a Tutor Sister;

and (ii) the maximum allowance shall not, except at the employer's discretion exceed

$13.30 per week in the case of a Tutor Nurse or Nurse Educator and $30.90 per week in any other case.

6. REMOTE CALL ALLOWANCE

The amount to be paid under the conditions prescribed in Clause 37 - Remote Call is 75.92 cents per hour.

DIVISION B - EMPLOYEES IN ESTABLISHMENTS PROVIDING CARE FOR AGED PERSONS

1. WAGE RATES

Adult employees classified hereunder shall be paid the wage rate assigned to that classification.

SUBDIVISION 1 - REGISTERED NURSING STAFF AMOUNT PER WEEK OF 40 HOURS $ 1. Registered Nurse - 1st year of service 370.60 2nd year of service 391.20 3rd year of service 412.40 4th year of service 426.70 5th year of service and thereafter 448.80

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A Registered Nurse required to assume charge of a ward (where a Nurse-in-Charge is normally employed) or a hospital or hone during the absence of the Nurse-in-Charge or Matron as the case may be, provided such person is not on "close-call" shall be paid an allowance of $7.65 per shift or part thereof. Provided that the allowance shall not be payable if the period involved is less that 4 hours and provided that no nurse classified above the level of Registered Nurse is on duty and responsible for the hospital, home or ward, as the case may be, at the time.

2. Director of Nursing (Qualified) – In a home with a bed capacity of - (i) 20 beds or less 573.70 (ii) 21 to 30 beds 601.00 (iii) 31 to 60 beds 628.10 (iv) 61 to 90 beds 655.80 (v) 91 to 120 beds 682.90 (vi) 121 to 150 beds 710.20 3. Assistant Director of Nursing (and if appointed as such) - 1st year of service 555.50 2nd year of service and thereafter 566.30 4. Registered Auxiliary Nurse – 1st year of service as 340.90 Auxiliary Nurse 2nd year of service as 347.90 Auxiliary Nurse 3rd year of service as 358.00 Auxiliary Nurse 4th year of service as Auxiliary 368.10 Nurse and thereafter PROVIDED ALWAYS that a Registered Auxiliary Nurse -

(i) who is one year trained shall not progress beyond the wage rate prescribed for the 3rd year of service until he/she has qualified as 2 year trained;

(ii) who is 2 year trained shall commence at the wage rate prescribed for the 2nd

year of service and progress by annual increments to the maximum of the scale.

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5. Senior or Charge (Registered Auxiliary Nurse) - Grade 1 345.20 Grade 2 351.60 PROVIDED ALWAYS that no person shall be appointed or promoted to Grade 2

unless he/she holds the 2 year trained qualification.

SUBDIVISION 2 - TRAINED STAFF AMOUNT PER WEEK OF 37 1/2 HOURS $ 1. Physiotherapist or Occupational Therapist

or Speech Therapist - 1st year of service 406.70 2nd year of service 426.80 3rd year of service 447.00 4th year of service 466.80 5th year of service 486.80 6th year of service and thereafter 506.50

SUBDIVISION 3 - ANCILLARY SERVICE AND CLERICAL EMPLOYEES AMOUNT PER WEEK OF 40 HOURS $ 1. Nursing Assistant - 1st year of service 336.80 2nd year of service 342.40 3rd year of service 348.40 4th year of service and thereafter 354.30 2. Therapy Assistant - 1st year of service 340.10 2nd year of service 344.80 3rd year of service 356.40 4th year of service and thereafter 361.10 PROVIDED THAT this classification shall be restricted to an employee carrying out

treatment programmes established by a qualified Physio, Occupational or Speech Therapist.

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3. Cooks - (Qualified) -

(a) Cook (as defined) 1st year of service 392.20 2nd year of service 397.90 3rd year of service and thereafter 403.50

(b) Cook in Charge of 1 - 4 Cooks 1st year of service 430.40 2nd year of service and thereafter 436.00 (c) Cook in Charge of more than 4 Cooks 443.10 4. Cook (Unqualified) - 377.00 5. Wardsmaid, Kitchenmaid, Theatremaid, Housemaid and Waitress - 1st year of service 320.40 2nd year of service 323.90 3rd year of service 327.70 4th year of service and thereafter 330.70 6. Head Waitress – 1st year of service 331.70 2nd year of service and thereafter 334.60 7. Laundress – 1st year of service 322.20 2nd year of service 325.80 3rd year of service 329.20 4th year of service and thereafter 332.40 8. Laundress-in-Charge - 1st year of service 334.20 2nd year of service and thereafter 337.10 9. Domestic Supervisor or Housekeeper - 1st year of service 356.40 2nd year of service and thereafter 361.20

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10. Assistant Domestic Supervisor or Housekeeper - 1st year of service 345.70 2nd year of service 350.30 11. Machinist Seamstress – 1st year of service 324.20 2nd year of service 328.10 3rd year of service 331.70 4th year of service and thereafter 334.60 12. General Repairs or Handyman – 1st year of service 342.50 2nd year of service 346.30 3rd year of service 349.80 4th year of service 352.50 13. Carpenter – 1st year of service 392.20 2nd year of service 397.90 3rd year of service 403.50 4th year of service 414.30 5th year of service and thereafter 419.90 14. (i) Gardener – 1st year of service 332.40 2nd year of service 336.00 3rd year of service 339.40 4th year of service and thereafter 342.10 (ii) Gardener-in-Charge - 1st year of service 346.80 2nd year of service 350.40 3rd year of service 353.90 4th year of service 356.60 15. Driver – Under 3 tons 375.30 3 tons and over 381.00 Omnibus (30 passengers or more) 387.80

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AMOUNT PER WEEK OF 37 1/2 HOURS $ 16. Clerks – Adult - 1st year of service 329.50 2nd year of service 339.00 3rd year of service 348.40 4th year of service 357.70 5th year of service 367.30 6th year of service 377.20 7th year of service 386.70 8th year of service and thereafter 397.70 17. Typists – Adult - 1st year of service 332.00 2nd year of service 336.80 3rd year of service 341.50 PROVIDED ALWAYS that an employee who has satisfactorily passed a typewriting

test at 50 words per minute shall be paid a proficiency allowance at the rate of $181.00 per annum.

18. Senior Clerk or Clerk-in-Charge - 1st year of service 408.20 2nd year of service 421.90 3rd year of service and thereafter 435.40 19. Secretary - 1st year of service 475.60 2nd year of service and thereafter 489.00

2. WAGE RATES - JUNIOR WORKERS Junior workers not elsewhere provided for shall be paid the following amounts as wages: % OF WAGE RATE AMOUNT PER WEEK FOR CLERK-ADULT OF 37 1/2 HOURS 1ST YR OF SERVICE HEREIN $ (a) Clerks, Typists, Stenographers - Under 17 years of age 53 174.60 17 to 18 years of age 61 201.00 18 to 19 years of age 71 233.90 19 to 20 years of age 81 266.90 20 to 21 years of age 90 296.60

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% OF WAGE RATE AMOUNT PER WEEK FOR WARDSMAID ETC OF 40 HOURS 1ST YR OF SERVICE HEREIN $ (b) Domestic and other juniors not elsewhere provided for - Under 17 years of age 52 166.60 17 to 18 years of age 61 195.40 18 to 19 years of age 72 230.70 19 to 20 years of age 83 265.90 20 to 21 years of age 91 291.60 PROVIDED ALWAYS that a junior employee paid under this item shall not receive

less than: 57.5% at 18 years 75.0% at 19 years 88.0% at 20 years of the first increment of the classification range which would be appropriate to an

adult performing the same type of work.

3. MEAL CHARGES The maximum amount that shall be charged or deducted where an employee receives a meal from his/her employer shall be:- Lunch or Evening Meal Rate Per Meal Two or three courses $2.70 Single hot or cold main course $2.10 Single (other) course i.e. soup or sweet $1.90 All breakfasts $1.90 PROVIDED ALWAYS that - (i) A minimum charge of $1.90 applies for each meal taken. (ii) In each case where a one, two or three course meal is ordered and charged for as

above, no extra charge is to be levied for either beverages, toast, bread, butter or condiments.

4. CARPENTER TOOL ALLOWANCE

In addition to the wage rates contained in subclause 1 of this division the undermentioned classification shall be paid the following tool allowance per week: Carpenter $7.20

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5. CERTIFICATE AND DIPLOMA ALLOWANCES

Certificate - $6.60 Diploma (1/2 year course) $8.80 Diploma (1 year course) $15.40 PROVIDED ALWAYS that: (i) an allowance in respect of a Tutor Sister Diploma shall not be paid to a Tutor Sister;

and (ii) the maximum allowance shall not, except at the employer's discretion exceed

$13.30 per week in the case of a Tutor Nurse or Nurse Educator and $30.90 per week in any case.

6. REMOTE CALL ALLOWANCE

The amount to be paid under the conditions prescribed in Clause 53 is 75.92 cents per hour.

DIVISION C - BLOOD BANK SERVICES

1. WAGE RATES Employees of a classification mentioned herein shall be paid for a week of 40 hours not less than the amount assigned to that classification.

SUBDIVISION A - REGISTERED NURSING STAFF AMOUNT PER WEEK $ 1. Registered Nurse (as defined) - 1st year of service 385.90 2nd year of service 406.60 3rd year of service 420.00 4th year of service and thereafter 441.90 2. Supervisory Nurse - 1st year of service 541.30 2nd year of service 550.80

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3. Nurse-in-charge - Class I 1st year of service 497.90 2nd year of service and thereafter 509.40 Class II A Class II Nurse-in-Charge is 530.90 a nurse appointed as such

SUBDIVISION B - ANCILLARY AND CLERICAL STAFF AMOUNT PER WEEK $ 1. Blood Bank Technical Assistant - 1st year of service 326.00 2nd year of service 328.30 3rd year of service 335.30 4th year of service and thereafter 338.70 2. Office Assistant - 1st year of service 332.10 2nd year of service 336.60 3rd year of service 341.50 3. Juniors: 16 years of age and under 172.70 17 years of age 199.30 18 years of age 232.50 19 years of age 265.70 20 years of age 295.60

2. REMOTE CALL ALLOWANCE The amount to be paid under the conditions prescribed in Clause 99 is 75.92 cents per hour.

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DIVISION D - EMPLOYEES OF HOMES FOR HANDICAPPED PERSONS AND IN THE CASE OF ST GILES SOCIETY ALSO INCLUDES EMPLOYEES

ENGAGED IN AUXILIARY SERVICES AS PROVIDED

1. WAGE RATES Adult employees classified hereunder shall be paid the wage rates assigned to that classification.

SUBDIVISION A - REGISTERED NURSING STAFF AMOUNT PER WEEK $ (a) Director (St. Giles Home) 655.80 While the Director occupies the residential quarters provided by the Board of Management he/she shall pay a weekly amount equivalent to the appropriate amount appearing in the Medical Practitioners (Public Sector) Award as amended. (b) Registered Nurse 1st year of service 370.60 2nd year of service 391.20 3rd year of service 412.40 4th year of service 426.80 5th year of service and thereafter 448.80 (c) Supervisory Sister 550.80 % OF WAGE RAGE AMOUNT PER WEEK FOR REGISTERED $ MOTHERCRAFT NURSE 20 YRS OF AGE AND OVER 1ST YR OF SERVICE HEREIN (d) Registered Mothercraft Nurse Under 20 years of age - 1st year of service as mothercraft nurse 82 273.70 2nd year of service as mothercraft nurse 87 291.90 3rd year of service as mothercraft nurse 92 307.70

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20 years of age and over - 1st year of service as mothercraft nurse 333.70 2nd year of service as mothercraft nurse 344.00 3rd year of service as mothercraft nurse

and thereafter 351.10 (e) Registered Auxiliary Nurse 1st year of service as auxiliary nurse 341.20 2nd year of service as auxiliary nurse 349.20 3rd year of service as auxiliary nurse 358.10 4th year of service as auxiliary nurse and thereafter 368.10 PROVIDED ALWAYS that a Registered Auxiliary Nurse -

(i) who is one-year trained shall not progress

beyond the wage rate prescribed for the 3rd year of service until he/she has qualified as two-year trained;

(ii) who is two-year trained shall commence at

the wage rate prescribed for the 2nd year of service and progress by annual increments to the maximum of the scale.

Senior or Charge Grade 1 345.20 Grade 2 351.60 PROVIDED ALWAYS that no person shall be

appointed or promoted to Grade 2 unless he/she holds the 2 year trained qualification.

SUBDIVISION B - ANCILLARY AND CLERICAL EMPLOYEES

AMOUNT PER WEEK $ (a) Secretary 1st year of service 457.60 2nd year of service and thereafter 470.50 (b) Home Mother 1st year of service 356.40 2nd year of service and thereafter 361.10

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(c) Nursing Assistant 1st year of service 336.80 2nd year of service 342.40 3rd year of service 348.40 4th year of service and thereafter 354.30 (d) Physiotherapist or Occupational Therapist or Speech Therapist 1st year of service 406.70 2nd year of service 426.80 3rd year of service 447.00 4th year of service 466.80 5th year of service 486.80 6th year of service and thereafter 506.50 (e) Welfare Officer 1st year of service 424.70 2nd year of service 439.40 3rd year of service 454.10 4th year of service and thereafter 468.90 (f) Driver/Handyman 387.80 (g) Cook - Qualified (as defined) 1st year of service 392.10 2nd year of service 398.00 3rd year of service 403.50 Unqualified 377.00 (h) Kitchenhand/Domestic 1st year of service 320.40 2nd year of service 323.80 3rd year of service 327.70 4th year of service and thereafter 330.70 (i) Laundryhand 1st year of service 322.20 2nd year of service 325.80 3rd year of service 329.30 4th year of service and thereafter 332.30

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(j) Office Assistant 1st year of service 332.00 2nd year of service 336.80 3rd year of service and thereafter 341.50 (k) Office Assistant-in-Charge (Present Occupant Only) 375.30 (l) Maintenance Tradesman 1st year of service 392.10 2nd year of service 398.00 3rd year of service 403.50 4th year of service 414.20 5th year of service and thereafter 419.90

2. JUNIORS Junior workers not elsewhere provided for shall be paid the following amounts as wages: (a) Clerks, Typists, Stenographers – % OF WAGE RATE AMOUNT PER WEEK FOR OFFICE ASST $ 1ST YR OF SERVICE HEREIN Under 17 years of age 52 172.60 17 to 18 years of age 60 199.20 18 to 19 years of age 70 232.40 19 to 20 years of age 80 265.60 20 to 21 years of age 90 298.80 (b) Domestic and other juniors not elsewhere provided for – % OF WAGE RATE AMOUNT PER WEEK FOR KITCHENHAND/DOMESTIC $ 1ST YR OF SERVICE HEREIN Under 17 years of age 52 166.60 17 to 18 years of age 61 195.40 18 to 19 years of age 72 230.70 19 to 20 years of age 83 265.90 20 to 21 years of age 91 291.60

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CONDITIONS FOR EMPLOYEES IN DIVISION A - STAFF EMPLOYED IN PRIVATE HOSPITALS

9. ACCOMMODATION AND OTHER REQUIREMENTS (a) Suitable healthy accommodation shall be provided for employees, and where

practicable single bedrooms. (b) Linen, cutlery, crockery, and blankets shall be provided by the employer free of

cost to the employee. (c) Dressing rooms, luncheon rooms, and conveniences shall be provided for all non-

resident employees. Proper, suitable, comfortable and healthy accommodation shall be provided for all resident employees.

10. ANCILLARY AND CLERICAL STAFF (AS DEFINED) SPECIAL CONDITIONS (a) Probation All other things being equal, all employees who have completed 3 months' service

shall have preference over casual employees in a claim to any position. (b) Promotion Promotion shall be by merit provided that no employee with a claim to seniority

shall be passed over without having his/her claim investigated or adjusted. (c) Aged and Infirm Workers Where an aged or infirm worker is unable to earn the minimum rates of wages

prescribed by this award for the particular class of work which he/she has been offered, a lower rate may be fixed and paid under licence granted by the Secretary for Labour under Section 79 of the Industrial Relations Act 1984.

(d) Foul and Nauseous Linen Allowance Employees of the laundry staff who are required to handle unusually foul or

nauseous linen as defined by an officer or employee nominated by the employer shall be paid an amount of $7.20 per week extra.

Part-time employees shall be paid one fortieth of the weekly allowance when so

engaged for each hour worked. (e) Calculation of Service In calculating the number of year's service of an employee in order to ascertain the

rate of wages to which such employee will be entitled the total experience in the capacity in question shall be taken.

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11. ANNUAL LEAVE (a) Period of Leave

(i) Day Workers Subject to the provisions of Clauses 15 - Casual Employees and 32 - Part-time

Employees a period of 28 consecutive days' leave shall be allowed annually to an employee after 12 months' continuous service (less the period of annual leave).

(ii) Shift Workers In addition to the leave hereinbefore prescribed, shift workers (as defined)

shall be allowed 7 consecutive days' leave including non-working days. Where an employee with 12 months' continuous service is engaged for part of

the 12 monthly period as a shift worker, he/she shall be entitled to have the period of annual leave hereinbefore prescribed increased by one day for each 2 months he/she is continuously engaged as aforesaid.

(iii) Part-Time Employees

Part-time employees (excluding employees who attract the 20% loading) shall

be entitled to annual leave based on the number of ordinary hours worked in the leave year.

The leave entitlement shall be calculated as follows:

Part-Time Hours worked p.a. (including any period of annual leave)

Full-Time Hours p.a.

X

Full-Time Leave entitlement 1 = (iii) Executive Staff Executive staff (as defined) shall receive 5 weeks' annual leave in cases

where such staff are required in the normal course of their duties to attend meetings of the controlling body or its subcommittees outside of their normal working hours. In all other cases annual leave entitlement shall be 4 weeks per annum.

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(iv) Acting Executive Staff Where during a period of time staff are acting in an executive position which

requires their attendance at meetings of the controlling body or its subcommittees outside of their normal working hours they shall be entitled to an additional one week's leave on a pro rata basis.

(b) Annual Leave Exclusive of Public Holidays Subject to this subclause the annual leave prescribed by this clause shall be

exclusive of any of the holidays prescribed by Clause 24, and if any such holiday falls within an employee's period of annual leave and is observed on a day which in the case of that employee would have been an ordinary working day there shall be added to the period of annual leave time equivalent to the ordinary time which the employee would have worked if such day had not been a holiday.

Notwithstanding the foregoing provisions, a shift worker shall have added to his/her

period of annual leave one day for each statutory holiday mentioned in Clause 24, whether or not such holiday is observed on a day which, for that employee would have been a rostered day off.

This shall not apply to a statutory holiday which is observed on a Saturday or on a

Sunday. Notwithstanding any other of the foregoing provisions, apart-time shift worker

whose place upon a roster does not rotate (by agreement between the relevant parties and persons bound by this award and the employees concerned) shall only have his/her period of annual leave extended by the addition of one day for each statutory holiday mentioned in Clause 24 hereof upon which he/she is rostered to work.

This shall not apply in respect to a statutory holiday which is observed on a

Saturday or a Sunday. (c) Broken Leave Leave allowed under the provisions of this clause shall be given and taken in not

more than 2 separate periods unless the employer and the employee otherwise agree.

(d) Time of Taking Leave Annual leave shall be given at a time fixed by the employer within a period not

exceeding 6 months from the date when the right to annual leave accrued and after not less than 2 weeks' notice to the employee.

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(e) Payment in Lieu Prohibited Except as provided in subclause (g) payment shall not be made or accepted in lieu

of annual leave. (f) Payment for Period of Leave Each employee before going on leave shall be paid the amount of wages he/she

would have received in respect of the ordinary time which he/she would have worked had he/she not been on leave during the relevant period and no deduction shall be made for board and lodging.

Payment calculated in accordance with the provisions of this clause should be made

for the full weeks of leave taken at the time, unless otherwise specified by the employee.

Payment shall be made not later than 12 noon on the last day of work prior to

going on leave. (g) Proportionate Leave on Ending Service If after one month of continuous service in respect of weekly employees in any

qualifying 12 monthly period an employee lawfully leaves his/her employment or his/her employment is terminated by the employer through no fault of the employee, the employee shall be paid at his/her ordinary rate of wages as follows:

(i) Day workers - thirteen and one third hours for each completed month of

continuous service. (ii) Shift workers - sixteen and two third hours for each completed month of

continuous service in addition to such entitlements established under the provisions of subclause (b) hereof.

(iii) Part-time employees

- Shift workers - 9.6% of the normal hours worked in each completed month of continuous service in addition to such entitlements established under the provisions of subclause (b) hereof.

- Day workers - 7.7% of the normal hours worked in each completed

month of continuous service.

Service shall be deemed to be continuous if the employee was engaged as a part-time employee (as defined) during the relevant period.

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(h) Annual Leave Allowance During a period of annual leave an employee shall be paid an allowance by way of

additional salary calculated on the wages prescribed for the relevant classification in subclause 1, Division A of Clause 8 as follows:

Day Worker: an employee who during the period of such recreation leave would

have worked on day work only - an allowance calculated at the rate of 17 1/2% of his/her normal salary plus, where applicable, any higher duty allowance or all purpose payment payable to the employee concerned.

Shift Worker: an employee who but for the period of recreation leave would have

worked shift work - an allowance calculated at the rate of 17 1/2% of his/her normal salary plus, where applicable, any higher duty allowance or all purpose payment payable to the employee concerned provided that an employee who would have received shift payments as prescribed by Clause 39, had he/she not been on recreation leave during the relevant period, and such shift payment would have entitled him to a greater monetary amount than an allowance of 17 1/2% of his/her normal salary, then his/her recreation leave allowance shall be calculated as an amount equivalent to the shift payment he/she would have received in accordance with his/her projected shift roster.

PROVIDED ALWAYS that such allowance shall:

(i) be calculated on the basis of a maximum period in any one leave year of 4 weeks' recreation leave in the case of a day worker and 5 weeks' recreation leave in the case of a shift worker;

(ii) not apply to proportionate recreation leave accrued by an employee in the

leave year of the year of termination of service where such employee voluntarily resigns or whose services are terminated for disciplinary or other good reason.

(i) Calculation of Continuous Service For the purpose of this clause, service shall be deemed to be continuous

notwithstanding any absence from work on account of personal sickness or accident.

In calculating the period of 12 months' continuous service any such absence as

aforesaid shall not, except to the extent of not more than 91 days in any 12 monthly period, be taken into account in calculating the period of 12 months' continuous service.

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(j) Employer Instigated Cancellation of Leave

(i) If, as a consequence of an employer instigated cancellation of approved annual leave (whether agreed or otherwise by the employee, and irrespective of when such cancellation notification is given) an employee incurs a monetary loss directly associated with pre-established annual leave holiday arrangements, and such loss is deemed to be unrecoverable, the employee shall be entitled to recover such otherwise unrecoverable costs from the employer.

PROVIDED THAT such claims must be verified by the production of receipts

or other form of documentation indicating the prior expenditure incurred associated with pre-holiday arrangements. This information is to be accompanied by written notification, from the person or organisation with whom or which the payment was made, stating the amount which is not recoverable.

PROVIDED FURTHER that the employer shall only be liable to pay that

portion of the payment declared unrecoverable, which is not subject to an insurance claim or payment.

(ii) An employee who, during a period of annual leave, responds to an employer

instigated request to return to work during such a period of annual leave shall be entitled to redeem from the employer any travel and other associated costs incurred in returning to work and the subsequent resumption of annual leave. Such costs are deemed to be those in excess of costs normally incurred by the employee in travelling daily to and from work.

The reimbursement of costs associated with the resumption of annual leave

would only apply when the period of leave was deemed to be continuous, save only for the interruption occasioned by the return to work.

Claims for reimbursement of travel and other associated costs must be

accompanied by receipts and any other form of documentation which would be' appropriate to the circumstances of the claim.

(iii) An employee, on returning to work in response to an employer instigated

request, shall be recredited with one day's annual leave for each day or part thereof the employee is deemed to be at work. The employee shall be entitled to observe such additional recredited day or days in addition to that unused portion of approved annual leave (which the employee would have observed but for the interruption occasioned by his return to work) immediately upon the expiration of the period of duty for which the employer recalled the employee.

Provided that an employee may elect to take the balance of unused leave and

recredited days at a later date.

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12. APPRENTICES (a) Except where otherwise specifically determined by this award the terms and

conditions of the employment of apprentices in respect of period of ,indenture, form and effect of indenture, assignment of indenture, cancellation of, and determination of disputes in relation to indentures, proportionate number of apprentices to journeymen employed, preparatory education and trade experience for such course in each trade, attendance of apprentices at compulsory classes and time off for attendance thereat, payment for examinations passed, and disciplinary measures, shall be in accordance with the provisions of the Industrial and Commercial Training Act 1985 and the regulations made thereunder.

(b) The ordinary hours of employment of apprentices shall not in any case exceed

those of a journeyman. (c) No apprentice under the age of 18 years shall be required to work overtime or shift

work unless he/she so desires. No apprentice shall, except in any emergency, work or be required to work overtime or shift work at times which would prevent his/her attendance at any course of instruction as required by the Industrial and Commercial Training Act 1985 and the regulations made thereunder.

(d) Apprentices attending technical colleges or schools and presenting reports of

satisfactory conduct shall be reimbursed all fees paid by them. 13. BREAKAGES Except in the case of proved carelessness, an employee shall not be required to pay for any breakages occurring in the ordinary course of his/her specified duties. 14. CALL BACK Except where otherwise specifically provided an employee recalled to work overtime after leaving his/her employer's premises (whether notified before or after leaving such premises) shall be paid at the appropriate overtime rate applicable to his/her salary: (i) for the first recall a minimum payment of 4 hours work; and (ii) for each subsequent recall a minimum payment of 3 hours work. PROVIDED ALWAYS that time reasonably spent in getting to and from work shall be regarded as time worked. PROVIDED FURTHER that an employee who is recalled to work within two hours of his or her normal starting time shall be paid at overtime rates with a minimum payment of two hours at double time.

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15. CASUAL EMPLOYEES A casual employee (as defined) for working ordinary time shall be paid per hour one-fortieth of the weekly rates prescribed for the work for which he/she performs plus 20%; such additional amount to be payment in lieu of annual leave, sick leave and public holidays. Casual employees' terms of engagement shall be by the hour and they shall be provided with a minimum of 2 hours work or, alternatively, paid for a minimum of 2 hours on each occasion they are required to attend for work. However, where work practices are such that it is inappropriate to apply the conditions stipulated by this provision, such conditions may be varied by mutual agreement between the employees, the relevant employee organisation and the employer. Casual employees shall have their wages for working shifts, which attract a penalty payment, calculated by adding the 20% loading to their hourly rate. Shift penalties are to be calculated on the base hourly rate, i.e. excluding 20%, the resultant amount to be added to the earlier calculation. In the case of overtime penalty payments, the above method of calculation shall not be used. Overtime payments shall be calculated by adding the overtime penalty to the normal hourly rate payable to a full-time employee employed in the same classification. 16. CERTIFICATE AND DIPLOMA ALLOWANCES (REGISTERED NURSING STAFF) Any employee who holds a general nursing certificate, together with one or more of the following certificates, viz: Child Health, Geriatric, Midwifery, Psychiatric or Tuberculosis, or a post-graduate Diploma of the College of Nursing, Australia, of Ward Sister, Tutor Sister, or Nursing Administration or other certificate of diploma deemed as being at least equivalent thereto, and who is required by the employer to hold one or more than one such certificate or diploma, or who for the purpose of the proper performance of the duties allotted to him, makes use of the knowledge gained in obtaining such certificate or diploma, shall be paid an allowance for each additional certificate or diploma in accordance with the following scale - Certificate/Diploma Allowance - Certificate - $5.30 per week Diploma (1/2 year course) - $7.10 per week Diploma (1 year course) - $12.40 per week PROVIDED ALWAYS that: (i) an allowance in respect of a Tutor Sister Diploma shall not be paid to a Tutor

Sister; and (ii) the maximum allowance shall not, except at the employer's discretion exceed

$10.60 per week in the case of a Tutor Sister or Nurse Educator, or $24.90 per week in any other case.

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17. CLIMATIC AND OR ISOLATION ALLOWANCES Employees who are employed in the municipalities of Queenstown, Strahan or Zeehan shall be paid an allowance as provided for similar employees employed in public hospitals. 18. CLOSE CALL. (a) An employee may be required by the employer to remain on 'close call' (that is on

call for duty and not allowed to leave the hospital precincts). (b) An employee held on close call shall:

(i) if not required to commence work be paid a minimum payment equivalent to 6 hours at his/her normal salary; or

(ii) if required to commence work be paid in accordance with the appropriate

overtime rate. Provided that such payment shall be at least equivalent to the minimum payment set forth in Clause 14 - Call Back.

19. COMPASSIONATE LEAVE An employee shall on the death of a wife, husband, father, mother, child, stepchild, brother, sister, mother-in-law, father-in-law, stepmother, stepfather, grandfather, grandmother be entitled upon application being made to, and approved by the employer, to leave up to and including the day of the funeral of such relative and such leave will be without deduction of pay not exceeding the number of ordinary hours worked by the employee in 3 ordinary days, provided that no payment shall be made in respect of an employee's rostered days off. Proof of such death, in the form of a death notice or other written evidence, shall be furnished by the employee to the satisfaction of the employer, provided furthermore that this clause shall have no operation while the period of entitlement to leave under it coincides with any other period of entitlement to leave. For the purpose of this clause the words "wife" and "husband" shall not include a wife or husband from whom the employee is separated, but shall include a person who lives with the employee as a de facto wife or husband. 20. CONTRACT OF EMPLOYMENT (a) Except as hereinafter provided, employment shall be by the fortnight. Any

employee not specifically engaged as a casual employee shall be deemed to be employed by the fortnight.

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(b) An employee (other than a casual employee) willing to work, who works for less

than a full working fortnight, shall be entitled to a full fortnight's wages. (c) Employment shall be terminated by 2 weeks' notice given by either side or by the

payment or forfeiture of 2 weeks' wages, as the case may be. This shall not affect the right of the employer to dismiss an employee for serious misconduct or serious neglect of duty, in which case wages shall be paid up to the time of dismissal only.

(d) Employees other than those engaged on a part-time or casual basis, shall,

notwithstanding anything contained in Section 49 of the Industrial Relations Act 1984, be paid the weekly wage prescribed for a week of 40 hours for each week that he/she is ready, willing and available for work during the hours prescribed herein, and in addition thereto, such overtime or other penalty rates, if any, that may have occurred during the relevant period.

(e) An employer shall not, in exercising his/her power of termination in this clause,

make any distinction, exclusion or preference on the basis of sex, other than a distinction, exclusion or preference based on the inherent requirements of a particular job.

21. DEDUCTION OF UNION SUBSCRIPTIONS The employer, on receipt of an authority from the employee shall deduct union subscriptions quarterly in advance from the wages of that employee and forward the amount deducted to the office of the appropriate registered employee organization. 22. EMPLOYEE HANDLING CASH An employee other than a person classified as a senior clerk or executive staff (as defined) who in the performance of his/her duties is required to handle cash shall receive a cash handling allowance based on the following criteria: exceeding $20 per week, but not exceeding $100 per week - 50 cents per week; exceeding $100 per week, but not exceeding $200 per week - $1.00 per week; exceeding $200 per week, but not exceeding $600 per week - $1.80 per week; exceeding $600 per week, but not exceeding $1000 per week - $2.60 per week; exceeding $1000 per week - $3.50 per week PROVIDED THAT this allowance shall not apply where an employee is not held personally responsible for making good any cash shortages.

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23. EXCESS FARES (a) Employees required to attend for work at a place other than their regular place of

employment shall be paid such additional fares as they may incur. (b) An employee required to cease work after 7.00p.m. or 30 minutes after sunset,

whichever is the later, and who would be required to wait in excess of 30 minutes for public transport or who is unable to park his/her private transport within reasonable proximity of the hospital premises shall be provided with transport from work to home or vehicle (whichever is the closer).

An employee required to commence work after 7.00p.m. or 30 minutes after sunset

whichever is the later and at or before 6.30a.m., provided public transport is not available, shall, if necessary, be provided with suitable transport to work.

In either case the employee shall pay to the employer the amount of the fare that

would normally have been payable had regular transport services been available. 24. HOLIDAYS (a) All employees, other than shift workers, casual employees and part-time employees

engaged to work less than 20 hours per week shall be entitled to the following holidays without deduction from their weekly wages:

Christmas Day, Boxing Day, New Year's Day, Australia Day, Cup Day (half day),

Hobart Regatta Day (south of Oatlands), Eight Hours Day, Good Friday, Easter Monday, Anzac Day, Queen's Birthday, Show Day (as defined in Clause 7) and the first Monday in November in those districts where Hobart Regatta Day is not observed, or such other day as may be observed in the locality in lieu of any of the aforementioned holidays.

(b) Payment for the holidays mentioned in subclause (a) which are taken and not

worked, shall be at the normal rate of pay which would have applied. to the employee concerned, when if it were not for such holiday, he/she had been at work.

(c) Where an employee who is entitled to holidays in accordance with subclause (a) is

required to work on any of the holidays mentioned in that subclause, either for part or the whole of such day he/she shall in the case of a shift worker be paid at the rate prescribed in Clause 39, and in the case of a day worker be paid at the overtime rate prescribed in Clause 31.

(d) An employee required to work on any of the holidays mentioned in subclause (a),

where such holiday applies at his/her normal place of work but because his/her duties require the employee to work at a place where the holiday does not apply, shall have the time in lieu of such holiday added to his/her annual leave entitlement.

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25. HOURS (a) Hours of Work - Day Workers

(i) The ordinary hours of work for day work employees shall be 37 1/2 per week for clerical and technical staff and 40 hours per week for all other day work employees to be worked in 5 days Monday to Friday inclusive in continuous periods of 7 1/2 hours and 8 hours per day respectively except for a meal break of not more than one hour's duration to be taken between 7.00 a.m. and 7.00 p.m. on such days.

PROVIDED ALWAYS that the spread of hours or daily hours prescribed may

be altered as to all or a section of the employees by mutual agreement between the employer, the employees and the branch secretary of the union in the area concerned.

PROVIDED FURTHER that work performed by day workers other than by

agreement as prescribed above prior to 7.00 a.m. and after 7.00 p.m. shall be paid for at overtime rates but shall be deemed, for the purposes of this subclause, to be part of the employees ordinary hours of work where his/her ordinary hours of work within the period 7.00 a.m. to 7.00 p.m. in any week, have been less than 37 1/2 or 40 whichever is applicable.

PROVIDED ALWAYS that any proposal to amend the ordinary hours of work

of any employee who was employed prior to 4 August 1988 may only be implemented after agreement is reached between the employer, the employee(s) and the union(s) concerned.

(ii) Part-time employees engaged to work in a day work situation but outside the

spread of hours specified in paragraph (i) hereof shall receive penalty rates as follows:

Monday to Saturday - time and one half for the first two hours, double time

thereafter; Sunday - double time; public holidays - double time and a half. PROVIDED ALWAYS that this paragraph shall not apply to positions in

existence as at 14 June 1984 where the employee(s) involved had, prior to that date, been paid as shift workers and to such additional positions as may be agreed between a hospital board and the appropriate union(s).

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(b) Hours - Shift Workers - Other than Student and Registered Nursing Staff The ordinary hours of shift workers shall not exceed: 8 in any one day; nor 48 in any one week; nor 88 in 14 consecutive days; nor 160 in 28 consecutive days.

Subject to the following conditions shift workers shall work at such times as the employer may require: (i) a shift shall consist of not more than 8 hours, inclusive of crib time; (ii) except at the regular change-over of shifts an employee shall not be required

to work more than one shift in each 24 hours; (iii) 20 minutes shall be allowed to shift workers each shift or crib which shall be

counted as time worked. PROVIDED ALWAYS that subject to mutual agreement between the

employer, the employees and the branch secretary in the area concerned, day shift employees shall be allowed to extend their paid 20 minutes crib time by not more than 40 minutes each day, which excess shall be exclusive of time worked and unpaid.

Part-time shift workers, as defined, shall be entitled to the provisions of this

subclause with the following exceptions: (i) Hours - the maximum hours in any one fortnight shall be eighty;

- the maximum hours in any one day shall be eight (except where such hours are worked in accordance with the provisions of paragraph (ii) above).

Any time worked outside of these hours shall be paid at the rate of double

time. (ii) Meal breaks - the paid meal break prescribed by paragraph (iii) above shall

be given to all employees who work in excess of four hours. (c) Executive Staff (as defined) Except as provided in Clause 32 - Part-time Employees, the ordinary hours of work

shall be 37 1/2 per week, to be worked at such times as may be mutually arranged between the employer and the employee concerned.

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Where no assistant secretary or accountant is employed a secretary may be paid an allowance in lieu of overtime where he/she is required to perform additional duties which, in the opinion of the employer, would entitle such officer to be paid an allowance for same.

(d) Hours (Shift Workers) - Student and Registered Nursing Staff The ordinary hours of shift workers shall not exceed: 8 in any one day; nor 48 in any one week; nor 88 in 14 consecutive days; nor 160 in 28 consecutive days. Subject to the following conditions shift workers shall work at such times as the

employer may require:

(i) a shift shall consist of not more than 8 hours, inclusive of crib time; (ii) except at the regular change-over or shifts an employee shall not be required

to work more than one shift in each 24 hours; (iii) 30 minutes shall be allowed to shift workers each shift for crib which shall be

counted as time worked. PROVIDED ALWAYS that the employer may require employees to extend

their paid 30 minutes crib time by not more than 30 minutes each day for the purpose of extending time of the shift to cover the handover period between the outgoing and the incoming shift or the report time for incoming shifts. The excess crib time shall be exclusive of time worked and unpaid and shall be kept to the minimum period required for the purpose of the handover or report.

PROVIDED FURTHER that notwithstanding the provisions of (d), by mutual

agreement between a representative of the employer concerned and a majority of the employees concerned within a particular ward or area and with the approval of the appropriate union, the ordinary hours of work for the night shift employees may be extended to 10 per day (inclusive of paid meal break of not more than 25 minutes duration) to be paid for at the appropriate shift rate. This provision takes effect: in relation to St John's Hospital - on and from 6 February 1987; and in all other circumstances - on and from 10 June 1987.

(iv) All time during which he/she is rostered for duty, occupied by a student nurse

in attendance at lectures and demonstrations given in the course of instruction in the theory and practice of nursing, as prescribed by the Nurses' Registration Board, shall be deemed to be time worked.

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Part-time shift workers, as defined, shall be entitled to the provisions of this subclause with the following exceptions: (i) Hours - the maximum hours in any one fortnight shall be eighty;

- the maximum hours in any one day shall be eight (except where such hours are worked in accordance with the provisions of paragraph (ii) above).


time. (ii) Meal breaks - the paid meal break prescribed by paragraph (iii) above shall

be given to all employees who work in excess of four hours. 26. LICENCE ALLOWANCE An employee directed by the employer to drive vehicles requiring a licence issued by the Transport Commission, shall upon presentation of his/her current licence to the employer, be reimbursed the cost of the driver's licence fee. This provision shall not apply to employees who drive on an occasional basis only. 27. LIFTING OF PATIENTS No employee shall be required or permitted to lift or carry by hand any patient who is unable to provide reasonable assistance and weighs over 25 kg without the assistance of another person. PROVIDED THAT where any patient, who is unable to provide reasonable assistance, weighs over 76 kg, no employee who is of the opinion that additional assistance is necessary shall be required or permitted to lift or carry by hand such patient without the assistance of 2 other persons. The expression 'lift' shall include the following: (a) raising a patient in bed; (b) raising or moving a patient who has fallen; (c) removing a patient from abed to a chair, wheelchair, commode, trolley, bath or

other conveyance or receptacle; (d) removing a patient from a chair, wheelchair, commode, trolley, bath or other

conveyance or receptacle to a bed or other place.

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28. MATERNITY LEAVE (a) Eligibility for Maternity Leave An employee who becomes pregnant, shall upon production to her employer of a

certificate from a duly qualified medical practitioner stating the presumed date of her confinement, be entitled to maternity leave provided that she has had not less than 12 months' continuous service with that employer immediately preceding the date upon which she proceeds upon such leave.

For the purposes of this clause:

(i) an employee shall include a part-time employee but shall not include an employee engaged upon casual or seasonal work;

(ii) maternity leave shall mean unpaid maternity leave.

(b) Period of Leave and Commencement of Leave

(i) Subject to subclauses (c) and (f) of this clause, the period of maternity leave shall be for an unbroken period of from 6 to 52 weeks and shall include a period of 6 weeks compulsory leave to be taken immediately following confinement.

(ii) An employee shall, not less than 10 weeks prior to the presumed date of

confinement, give notice in writing to her employer stating the presumed date of confinement.

(iii) An employee shall give not less than 4 weeks' notice in writing to her

employer of the date upon which she proposes to commence maternity leave stating the period of leave to be taken.

(iv) An employer by not less than 14 days' notice in writing to the employee may

require her to commence maternity leave at any time within 6 weeks immediately prior to her presumed date of confinement.

(v) An employee shall not be in breach of this clause as a consequence of failure

to give the stipulated period of notice in accordance with paragraph (iii) above, if such failure is occasioned by the confinement occurring earlier than the presumed date.

(c) Transfer to a Safe Job Where in the opinion of a duly qualified medical practitioner, illness or risks arising

out of the pregnancy or hazards connected with the work assigned to the employee make it inadvisable for the employee to continue at her present work, the employee shall, if the employer deems it practicable, be transferred to a safe job at the rate and on the conditions attaching to that job until the commencement of maternity leave.

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If the transfer to a safe job is not practicable, the employee may, or the employer

may require the employee to, take leave for such period as is certified necessary by a duly qualified medical practitioner. Such leave shall be treated as maternity leave for the purposes of subclauses (g), (h), (i) and (j) of this clause.

(d) Variation of Period of Maternity Leave

(i) Provided the addition does not extend the maternity leave beyond 52 weeks, the period may be lengthened once only, save with the agreement of the employer, by the employee giving not less than 14 days' notice in writing stating the period by which the leave is to be lengthened.

(ii) The period of leave may, with the consent of the employer, be shortened by

the employee giving not less than 14 days' notice in writing stating the period by which the leave is to be shortened.

(e) Cancellation of Maternity Leave

(i) Maternity leave, applied for but not commenced, shall be cancelled when the pregnancy of an employee terminates other than by the birth of a living child.

(ii) Where the pregnancy of an employee then on maternity leave terminates

other than by the birth of a living child, it shall be the right of the employee to resume work at a time nominated by the employer which shall not exceed 4 weeks from the date of notice in writing by the employee to the employer that she desires to resume work.

(f) Special Maternity Leave and Sick Leave

(i) Where the pregnancy of an employee not then on maternity leave terminates after 28 weeks other than by the birth of a living child then

(a) she shall be entitled to such period of unpaid leave (to be known as

special maternity leave) as a duly qualified medical practitioner certifies as necessary before her return to work; or

(b) for illness other than the normal consequences of confinement she shall

be entitled, either in lieu of or in addition to special maternity leave, to such paid sick leave as to which she is then entitled and which a duly qualified medical practitioner certifies as necessary before her return to work.

(ii) Where an employee not then on maternity leave suffers illness related to her

pregnancy, she may take such paid sick leave as to which she is then entitled and such further unpaid leave (to be known as special maternity leave) as a duly qualified medical practitioner certifies as necessary before her return to work, provided that the aggregate of paid sick leave, special maternity leave and maternity leave shall not exceed 52 weeks.

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(iii) For the purposes of subclauses (g), (h) and (i) of this clause maternity leave

shall include special maternity leave. (iv) An employee returning to work after the completion of a period of leave taken

pursuant to this subclause shall be entitled to the position which she held immediately before proceeding on such leave or, in the case of an employee who was transferred to a safe job pursuant to subclause (c) of this clause to the position she held immediately before such transfer.

Where such position no longer exists but there are other positions available,

for which the employee is qualified and the duties of which she is capable of performing, she shall be entitled to a position as nearly comparable in status and salary or wage to that of her former position.

(g) Maternity Leave and Other Leave Entitlements Provided the aggregate of leave including leave taken pursuant to subclauses (c)

and (f) of this clause does not exceed 52 weeks.

(i) an employee may, in lieu of or in conjunction with maternity leave, take any annual leave or any part thereof to which she is then entitled.

(ii) paid sick leave or other paid authorised award absences (excluding annual

leave), shall not be available to an employee during her absence on maternity leave.

(h) Effect of Maternity Leave on Employment Notwithstanding any award or other provision to the contrary, absence on

maternity leave shall not break the continuity of service of an employee but shall not be taken into account in calculating the period of service for any purpose of an award.

(i) Termination of Employment

(i) An employee on maternity leave may terminate her employment at any time during the period of leave by notice given in accordance with this award.

(ii) An employer shall not terminate the employment of an employee on the

ground of her pregnancy or of her absence on maternity leave, but otherwise the rights of an employer in relation to termination of employment are not hereby affected.

(j) Return to Work After Maternity Leave

(i) An employee shall confirm her intention of returning to her work by notice in writing to the employer given not less than 4 weeks prior to the expiration of her period of maternity leave.

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(ii) An employee, upon expiration of the notice required by paragraph (i) above,

shall be entitled to the position which she held immediately before proceeding on maternity leave or, in the case of an employee who was transferred to a safe job pursuant to subclause (c) of this clause, to the position which she held immediately before such transfer. Where such position no longer exists but there are other positions available for which the employee is qualified and the duties of which she is capable of performing, she shall be entitled to a position as nearly comparable in status and salary or wage to that of her former position.

(k) Replacement Employees

(i) A replacement employee is an employee specifically engaged as a result of an employee proceeding on maternity leave.

(ii) Before an employer engages a replacement employee under this subclause,

the employer shall inform that person of the temporary nature of the employment and of the rights of the employee who is being replaced.

(iii) Before an employer engages a person to replace an employee temporarily

promoted or transferred in order to replace an employee exercising her rights under this clause, the employer shall inform that person of the temporary nature of the promotion or transfer and of the rights of the employee who is being replaced.

(iv) Provided that nothing in this subclause shall be construed as requiring an

employer to engage a replacement employee. (v) A replacement employee shall not be entitled to any of the rights conferred by

this clause except where her employment continues beyond the 12 months' qualifying period.

29. MEALS (a) Meal Times - Student and Registered Nursing Staff The minimum time to be allowed for meals shall be half an hour. (b) Meal Times - Other Staff (Day Workers Only) Time not exceeding one hour and not less than 45 minutes shall be allowed for

each meal.

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(c) Meal Allowance Where the duties of an employee require him to travel from his/her headquarters,

and he/she is more than 10 miles or 16 kilometres therefrom at his/her normal meal hour, that employee shall, subject to this paragraph be paid:

(i) In the case of a meal purchased by the employee at any hotel, boarding

house, or public eating place, a meal allowance at the following rates: Meal Rate of Allowance Breakfast $4.95 Lunch (or midday meal) $5.50 Dinner (or evening meal) $9.65 (ii) In the case of a meal provided by the employee himself a meal allowance of

$1.75 for each meal so provided. (iii) These rates shall be adjusted from time to time in accordance with the

General Conditions of Service Award. (d) Work During Meal Break Subject to existing customs and practices a day worker who is directed to work

during his/her recognized meal break shall, for all work performed during such period and thereafter until a meal break is allowed, be paid at the rate of time and a half of his/her normal salary rate.

30. NOTICE BOARD The employer shall provide a notice board of reasonable dimensions to be erected in a prominent position in his/her establishment upon which accredited union representatives shall be permitted to post formal union notices, signed or counter-signed by the representative posting same. 31. OVERTIME - DAY WORKERS (a) The employer may require any employee to work reasonable overtime at overtime

rates, and such employee shall work overtime in accordance with such requirement. No overtime shall be worked without the prior approval of the employer.

(b) For all time worked in excess of the ordinary hours of work the following payments

shall be made:

(i) Monday to Friday inclusive - time and a half for the first 2 hours and double time thereafter;

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(ii) Saturday - time and a half for the first 2 hours and double time thereafter; (iii) Sunday - double time; (iv) public holidays - double time and one half. PROVIDED ALWAYS that an employee who holds a position which regularly

requires him to work on public holidays shall, where mutually agreeable, be paid, in addition to any paid time-off in lieu granted by the employer concerned, at the rate of time and a half of his/her ordinary rate for the first 8 hours worked during his/her normal spread of hours, and thereafter in accordance with the overtime rate set forth in paragraph (b) hereof. Provided that no employee shall receive in the aggregate more than the equivalent double time and a half of his/her ordinary rate.

(c) Unless the period of overtime is one and a half hours or less, an employee before

starting overtime shall be allowed a meal break of 20 minutes which shall be paid for at ordinary rates. An employer and an employee may agree to any variation of this provision to meet the circumstances of the work in hand provided that no employee shall be required to work more than S hours without a break for a meal.

(d) An employee required to work for more than 2 hours without being notified on the

previous day or earlier that he/she will be so required shall either be supplied with a meal by the employer or paid $4.80 in lieu thereof.

(e) Matrons and Deputy Matrons shall not be entitled to receive payment for overtime. PROVIDED ALWAYS that where, in the opinion of the employer the circumstances

so require, matrons who work overtime on rostered nursing duties in excess of their ordinary duties as matrons shall be entitled to receive overtime payment at the maximum overtime rate applicable to an employee classified as a registered nurse for all time worked on such nursing duties.

(f) No organization of employees shall in any way directly or indirectly be a party to or

be concerned in any ban, limitation, or restriction on the working of overtime as prescribed by this clause.

(g) The calculation of the overtime penalty prescribed in subclause (b) hereof in the

case of an employee in receipt of a loading in lieu of sick leave, annual leave and public holidays shall be based upon the relevant award rate (as defined).

32. PART-TIME EMPLOYEES (a) Part-time employees engaged to work 20 or more hours per week shall be entitled

to the annual leave and sick leave as prescribed in Clauses 11 and 40, and the holidays prescribed in Clause 24, provided that payment therefore shall be made at the rate normally paid to such employee for a similar period of time worked.

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The wage rates payable per hour shall be 2.66% for executive, clerical and technical staff and one-fortieth for all other staff of the relevant rates above set out.

(b) Part-time employees engaged to work less than 20 hours per week shall be paid

per hour 2.66% for executive, clerical and technical staff and one-fortieth for all other staff of the relevant rates set out, plus an additional 20%, such payment being in lieu of public holidays, annual leave and sick leave.

Part-time employees, working less than 20 hours per week who receive a 20%

loading, shall have their wages for working shifts, which attract a penalty payment, calculated by adding the 20% loading to their hourly rate. Shift penalties are to be calculated on the base hourly rate, i.e. excluding 207, the resultant amount to be added to the earlier calculation. In the case of overtime penalty payments the above method of calculation shall not be used. Overtime payments shall be calculated by adding the overtime penalty to the normal hourly rate payable to a full-time employee employed in the same classification.

(c) The penalty rates prescribed for full-time employees for work on Saturdays,

Sundays and public holidays are applicable to part-time employees. PROVIDED THAT a part-time employee who receives a loading in lieu of sick

leave, annual leave and public holidays shall be paid at the rate of 1.7 times the relevant award rate for work on a public holiday.

(d) Part-time employees shall be entitled to all conditions prescribed by this award

subject to paragraphs (a), (b) and (c) hereof and specific restrictions contained in other clauses of this award.

(e) PROVIDED THAT part-time employees shall be provided with a minimum of 2

hours work or, alternatively, paid for a minimum of 2 hours on each occasion they are required to attend for work. However, where work practices are such that it is inappropriate to apply the conditions stipulated by this provision, such conditions may be varied by mutual agreement between the employees, the relevant employee organisation and the employer.

33. PART-TIME EMPLOYEES - LEAVE WITHOUT PAY An employee working less than 20 hours per week who receives a loading in lieu of public holidays, annual leave and sick leave shall be entitled to elect to take up to 4 weeks' leave without pay in any one leave year. Leave under this provision shall not be cumulative. Leave allowed under this provision may be taken by mutual agreement in not more than 2 separate periods.

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34. PAYMENT OF WAGES (a) Wages including overtime shall be paid during working hours, at intervals of not

more than two weeks and not later than Thursday. When a public holiday falls on a normal pay day wages shall be paid on the last

working day prior to the public holiday. (b) Payment of wages shall be by direct bank deposit or some other method agreed by

the employer. Provided that any employee may nominate which bank or financial institution shall

receive the payment of wages. The present pay day and time of payment, or method of payment shall not be

varied, except after consultation with the union/unions concerned and an agreed phasing-in period.

(c) On or prior to pay day the employer shall provide to the employee, particulars in

writing, setting out full details of the wages the employee is entitled to. The statement shall at least include the following information:

(i) Date of payment. (ii) Period covered by the payment. (iii) The total amount of wages. (iv) The amount of wages at ordinary rate, including the hourly rate. (v) The amount of wages paid as overtime, at the rate of time and one half,

including the rate. (vi) The amount of wages paid as overtime, at the rate of double time, including

the rate. (vii) The amount paid as shift or other allowances, with sufficient information to

allow the employee to identify each payment, i.e. what allowance is being paid, at what rate and for how long, also how much at 15%, how much at 30% etc.

(viii) The amount paid as penalty rates for rostered shifts, with sufficient

information to allow the employee to identify each payment, i.e. how much at time and one half, how much at double time and how much at double time and one half etc.

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(ix) Any payment for annual leave, sick leave, workers compensation, back pay or any other payment not usually included in the employee's wages, which shall contain sufficient detail so as to allow an employee to calculate how each amount listed has been arrived at.

(x) Employee's classification. (xi) The amount deducted for taxation purposes. (xii) The amount of any other deduction shall be listed individually and identified. (xiii) The nett amount of wages.

PROVIDED THAT employers be allowed a period of twelve months from the date this award variation is ratified to implement subclause (c) items (i) to (xiii) hereof.

In the meantime they shall be required to provide the following information:

(i) Date of payment. (ii) Period covered by payment. (iii) Total amount of wages. (iv) Amount deducted for taxation purposes. (v) The amount of any other deductions. (vi) Nett amount of wages.

(d) The employer may deduct from moneys due to the employee such amount as is authorised by the employee in writing for the lawful purpose specified in the authority.

(e) (i) Except in circumstances beyond the control of the employer and subject to

subclause (ii) an employee kept waiting for wages on the normal pay day after the usual time for ceasing work for more than a quarter of an hour shall be paid at overtime rates after that quarter of an hour with a minimum payment for a quarter of an hour and payment shall continue on that day until advised that payment will not be forthcoming on that day. Further, such payment at overtime rates shall continue during all ordinary hours of work on each succeeding day or days, including rostered days off, up to a maximum of 7.6 hours per day, until such time as payment is effected. Provided that, in no circumstances will the aggregate of ordinary time wages, and overtime penalty for waiting time on any day exceed 2 1/2 times the ordinary rate of salary.

For the purposes of this clause ordinary rates shall be exclusive of premiums,

loadings or penalties.

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(ii) Subject to subclause (iii) the provisions of subclause (i) shall have no effect in

circumstances whereby payment cannot be effected on pay day but the employer and employee agree to an alternative arrangement for payment.

(iii) Should however, the employer fail to discharge payment in accordance with

the terms of the alternatively agreed arrangement, as provided in (ii) the employee shall be deemed to have been kept waiting for payment since pay day and shall thereby be entitled to payment in accordance with subclause (i) until such time as payment is effected.

(f) Allowances prescribed by this award other than higher duties allowance, certificate

and/or diploma allowance shall not be taken into account in the compilation of overtime and penalty rates prescribed herein.

Notwithstanding the foregoing, the 20% loading payable to casual and part-time

employees working less than 20 hours per week shall be taken into account before calculating penalty rates payable for weekend and public holiday shifts, but shall not be taken into account when calculating overtime payments.

(g) (i) Where employment is terminated, summarily or on the giving of the

prescribed notice all moneys owing shall, where practical, be paid to the employee on termination.

(ii) If payment on termination is not practical the employer shall, on the next

working day of the pay office send to the employee's recorded home address all moneys due by registered post, or, if agreed between the employer and employee, the employer shall make the moneys available at a nominated location.

(iii) Except in circumstances beyond the employer's control if the money is not

posted within that time, or is not available at the nominated location, then any time spent waiting after the date of termination shall be paid for at ordinary rates up to a maximum of 7.6 hours per day for each day that they are deemed to be kept waiting and shall continue until such time as payment is effected.

(iv) PROVIDED FURTHER that no waiting time is payable where the employee

nominates to pick up his moneys at a location and then does not report to pick up those moneys.

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35. PREFERENCE TO UNIONISTS (a) Preference of employment shall be given to members of a Tasmanian Branch of the

Royal Australian Nursing Federation and the Hospital Employees' Federation of Australia, and, in the case of Public Hospitals, the Tasmanian Public Service Association and the Electrical Trades Union, and if no such persons are available and competent, then to persons who give to the employer an undertaking in writing to become and remain members of one such union upon engagement.

(b) Where a person can satisfy the employer and the union that they have genuine

conscientious grounds for not joining a union, then that person shall be exempt from the requirement to join, on condition that they contribute each year an amount equivalent to the annual union subscription to a charity nominated by the union, and that such contribution to charity shall be made within one month of engagement of that employee.

To be granted exemption as a conscientious objector the applicant must state

his/her complete objection to joining all unions, not a union or particular union. 36. PROTECTIVE CLOTHING AND SAFETY APPLIANCES (a) The hospital shall maintain at its own expense full and sufficient supplies of safety

appliances, such as rubber gloves, disinfectants, etc. for the use of employees. (b) The employer shall provide where necessary, suitable protective clothing for the

employees. An employee who is pursuant to this subclause, supplied with protective clothing, shall wear such clothing in such a way as to achieve the purpose for which it is supplied.

(c) Compensation to the extent of the damage sustained shall be made where, in the

course of the work, an employee's clothing is damaged or destroyed by fire or the use of corrosive substances.

37. REMOTE CALL (a) An employee on the student and registered nursing staff who is rostered to remain

on 'remote call' (that is on call for duty and allowed to leave the hospital precincts) shall be paid the allowance prescribed in subclause 6, Division A of Clause 8 for each hour he/she is required to be so available, with a minimum payment of $8.30 per day or shift when so rostered.

(b) Any other employee who is rostered to remain on remote call (that is on call for

duty and allowed to leave the hospital precincts) shall be paid the allowance prescribed in subclause 6, Division A of Clause 8 for each hour he/she is required to be so available with a minimum payment of $7.40 per day.

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(c) Where a rostered employee is recalled to work he/she shall be paid in accordance with Clause 14.

(d) An employee recalled to work shall be entitled to receive, in addition, payment for

that day under subclause (a) for student and registered nursing staff and subclause (b) for all other employees.

(e) Where practicable an employee other than a student or registered nursing staff

member will be rostered on remote call for a minimum period of 7 consecutive days otherwise a rotating roster system averaging at least 7 days per employee per cycle shall be worked. Provided that by mutual agreement between the employer, the employee(s) and the Secretary for the authorized representative of the appropriate service organization alternative arrangements may be made.

38. SAVING Nothing herein contained shall be taken to reduce the wage rate of any employee who is in receipt of a higher wage rate at the date of this award. 39. SHIFT WORK (a) Definitions For the purpose of this clause: 'Afternoon shift' means a shift terminating after 6.00 p.m. and at or before

midnight. 'Holiday' means Christmas Day, Boxing Day, New Year's Day, Australia Day, Cup

Day (half day), Hobart Regatta Day (South of Oatlands), Eight Hours Day, Good Friday, Easter Monday, Anzac Day, Queen's Birthday, and Show Day in the relevant locality, the first Monday in November in those districts where Hobart Regatta Day is not observed or such other day as is generally observed in the locality as a substitute for any of the said days respectively.

'Night shift' means a shift commencing at or after 4.00 p.m. and before 6.00 a.m. 'Shift worker' includes an employee whose ordinary weekly hours of work are

performed in accordance with a roster which regularly includes Saturdays and Sundays.

PROVIDED ALWAYS that to qualify as a shift worker under this definition, for the

purpose only of calculating annual leave entitlements, an employee shall be rostered to perform work on not less than 10 Saturdays and not less than 10 Sundays during any one leave year.

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(b) Afternoon and Night Shift Allowances Subject to existing customs and practices:

(i) Shift workers, whilst on afternoon and night shifts shall be paid 15% more than the ordinary rate for such shifts.

(ii) A shift worker who works on any afternoon or night shift which does not

continue for at least 5 consecutive afternoons or nights shall be paid for each shift 50% more than his/her ordinary rate for the remaining hours thereof.

(iii) An officer who:

(a) during a period of engagement on shift, works night shift only; or (b) remains on night shift for a longer period than 4 consecutive weeks; or (c) works on a night shift which does not rotate or alternate with another

shift or with day work so as to give such employee at least one-third of his/her working time off night shift in each shift cycle;

shall during such engagement period or cycle be paid 30% more than his/her

ordinary rate for all time worked during ordinary working hours on such night shift.

PROVIDED ALWAYS that where by mutual agreement between the

employer, the employee concerned and the branch secretary of the union in the area the employee is rostered on permanent night shift or on a shift that would otherwise attract a loading of 30% in accordance with the above, the loading to be applied shall be 15% of the ordinary rate.

(c) Rosters There shall be a roster for shifts which shall:

(i) provide for rotation unless all the employees concerned desire otherwise; (ii) provide for not more than 8 shifts to be worked in any 9 consecutive days; (iii) not be changed until after 4 weeks' notice. Provided that an employee's place

on such roster shall not be changed, except on one week's notice of such change or, payment of the penalty rates more particularly set forth in subclause (g) hereof. So far as employees present themselves for work in accordance therewith, shifts shall be worked according to the roster; and

(iv) provide for a minimum of 2 consecutive days off duty except where by mutual

agreement between the employer, the employee(s) concerned, and the Secretary or the authorized representative of the appropriate employee organization, alternative arrangements are made.

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All rosters shall provide for 2 days off each week. (d) Saturday Shifts Shift workers for work on a rostered shift, the major portion of which falls on a

Saturday shall be paid at the rate of time and one half of the employee's normal salary rate, but such rates shall be in substitution for and not cumulative upon the shift allowances more particularly set forth in subclause (b) hereof. The provisions of this subclause shall not prejudice any right of an employee to obtain alternatively any higher rate in respect of that work by virtue of any provision of this award.

(e) Sunday and Holiday Shifts Shift workers, for work on a rostered shift, the major portion of which falls on a

Sunday or public holiday, shall be paid as follows:

(i) Sundays - at the rate of double time; (ii) holidays as prescribed in subclause (a) hereof at the rate of double time.

The above rates shall be in substitution for, and not cumulative upon the shift

allowances more particularly set forth in subclause (b) hereof. PROVIDED ALWAYS that:

(i) Where shifts commence between 11.00 p.m. and midnight on a Sunday or a holiday the time so worked before midnight shall not entitle an employee employed on such a shift to the Sunday or holiday rate provided that the time worked by an employee on a shift commencing before midnight on a day preceding a Sunday or holiday and extending into such Sunday or holiday the time worked before midnight shall be regarded as time worked on such Sunday or holiday.

(ii) Where shifts fall partly on a holiday, that shift the major portion of which falls

on a holiday, shall be regarded as the holiday shift. (iii) Where a shift worker is required to work on a public holiday as herein defined

and is granted time off in lieu thereof the above penalty rate shall not apply. (f) Broken Shifts Subject to the proviso hereto broken shifts shall not be worked. Provided that in an

emergency situation a broken shift may be worked by mutual agreement between the employer and the branch secretary of the employee organization. All work performed in excess of a spread of 9 hours shall be paid at the rate of double time.

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(g) Overtime

(i) For work performed by a shift worker outside the ordinary hours of his/her shift, double time shall be paid. But such payment shall not apply to those cases where arrangements have been made between the employees themselves, or in cases due to rotation of shifts.

PROVIDED ALWAYS that in cases where the employer has been given less

than 4 hours' notice that an employee rostered to relieve an afternoon or night shift worker, will not attend to do so at the proper time, such unrelieved shift worker shall be paid, for the extra time worked, at the rate of time and one half until the 4 hours have elapsed from the time notice was given to the employer.

For all time worked beyond the 4 hour spread referred to herein the

unrelieved shift worker shall be paid at the rate of double time. In all other cases the unrelieved shift worker shall be paid at the rate of

double time until relieved. (ii) Rest Period After Overtime An employee (other than a casual employee) who works so much overtime

between the termination of his/her ordinary work on one day and the commencement of his/her ordinary work on the next day that he/she has not had at least 8 consecutive hours off duty between those times, shall, subject to this section, be released after completion of such overtime until he/she has had 8 consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

(iii) If on the instructions of his/her employer such an employee resumes or

continues work without having had such 8 consecutive hours off duty he/she shall be paid at double rates until he/she is released from duty for such period and shall then be entitled to be absent until he/she has 8 consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

(iv) When overtime work is necessary it shall, wherever reasonably practicable, be

so arranged that employees have at least 8 consecutive hours off duty between the work of successive days.

(v) In the case of an employee in receipt of a loading in lieu of sick leave, annual

leave and public holidays, the period of overtime shall be paid for at the rate of double the relevant award rate (as defined).

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(h) Part-time shift workers shall be entitled to the provisions of this clause with the following exception:

Rosters - work by choice or mutual agreement outside rostered shifts shall not be

subject to penalty (other than shift, weekend and public holiday penalty) provided that any time worked in excess of 8 hours per day shall be paid at double time.

Where an employee is instructed to work shifts other than in accordance

with this clause he/she shall be entitled to the penalty payments prescribed by this clause.

40. SICK LEAVE (a) An employee who is absent from work on account of personal illness, or on account

of injury by accident, shall be entitled to leave of absence without deduction of pay subject to the following conditions and limitations:

(i) He/she shall not be entitled to paid leave of absence for any period in respect

of which he/she is entitled to workers' compensation. (ii) He/she shall, within 24 hours of the commencement of such absence, inform

his/her employer of his/her inability to attend for duty, and, as far as practicable state the nature of the injury or illness and the estimated duration of the absence.

(iii) He/she shall prove to the satisfaction of his/her employer that he/she was

unable, on account of such illness or injury, to attend for duty on the day or days on which sick leave is claimed.

(iv) He/she shall not except as prescribed in subclause (b) hereof be entitled in

any one year (whether in the employ of one employer or of more) to leave in excess of 28 working days.

(b) If the full period of sick leave, as prescribed in subclause (a) hereof is not taken in

any year, such proportion as is not taken shall be cumulative from year to year up to a period not exceeding 60 working days which, except as prescribed in subclause (c) hereunder, shall be the maximum amount of sick leave to which an employee shall be entitled in any year without deduction of pay, provided that the amount of 60 working days herein prescribed shall, in the case of an employee with 10 years or more continuous service with the one employer, be increased to 90 working days.

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(c) Notwithstanding any other provisions in this clause, an employee who contracts an infectious disease and/or who on examination reveals a changed mantoux reaction in the course of his/her duties, and same having been certified to by the medical superintendent or medical practitioner approved by the employer, shall receive full pay during the period of duty up to but not exceeding 12 weeks, and during this time he/she shall be regarded as remaining in the employ of the employer for the purposes of the Workers' (Occupational Diseases) Relief Fund Act.

(d) An employee who is certified as unfit for duty because of personal illness by the

medical superintendent or medical practitioner approved by the employer during a period of paid recreational leave, shall be given credit for the time so certified and the paid recreational leave shall be extended by the number of days that the employee has been so certified as unfit for duty.

(e) Any employee who falls sick by reason of his/her work shall, subject to

recommendation of the medical superintendent, be paid an amount of wage not less favourable than that prescribed by the Workers' (Occupational Diseases) Relief Fund Act.

(f) A year for the purposes of this clause shall mean 365 days employment in an

approved hospital including rostered days off, public holidays, paid annual leave and paid sick leave.

(g) Part-time Employees Sick leave shall be granted to part-time employees on the same basis as to full-

time employees except that the employee shall not, other than as prescribed by subclause (b) be entitled to paid leave in any one year in excess of the following:

20 hours to less than 30 hours per week - 168 hours p.a. 30 hours or more - 224 hours p.a. PROVIDED THAT in determining the amount of leave to which an employee is

entitled at any time (other than leave which has been accumulated) the average hours worked per week in the preceding 3 months shall be used except that where an employee has less than 3 months service, the period per week for which he/she was engaged shall be used.

PROVIDED FURTHER that in determining the amount of leave to be accumulated

for the purposes of subclause (d) the entitlement shall be based on the average number of hours worked in the year (less the period of sick leave taken).

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41. STUDENT NURSES (a) The proportion of student nurses in a training hospital approved by the Nurses'

Registration Board of Tasmania shall not be more than 6 student nurses to each certificated nurse.

(b) The period of training shall be as determined from time to time by the Nurses'

Registration Board of Tasmania. (c) Where a student nurse has transferred from one training school to another the time

allowed by the Nurses' Registration Board for the purpose of the Nurses' Registration Act in the preceding training school shall be counted in computing his/her salary.

(d) A student nurse shall be entitled to the increase in salary prescribed by the award

at the completion of each year of training, excluding any absence from duty, except time lost as prescribed by the Nurses' Registration Act, provided he/she has passed the examination required in his/her training course in respect of that year of training. If the examination be not held until after the completion of the year of training, then such student nurse shall be paid the increased salary to which he/she is entitled retrospectively from the date of completion of the year of training. If the student nurse fails to. pass the examination required for any particular year of training, then subsequently sits again and passes such examination, he/she shall be paid the increased salary from the date not later than the date of passing the examination.

(e) A student nurse shall not be required to work night duty within a period of two

weeks prior to sitting for an examination prescribed by the Nurses' Registration Board as part of his/her training course.

42. TRAVELLING ALLOWANCES (a) Student and Registered Nursing Staff

(i) Any student nurse, sitting for an examination prescribed by the Nurses' Registration Board of Tasmania, who is required to travel from his/her home centre to an examination centre shall be paid by his/her employer all fares necessarily incurred in such travelling as provided for in the Nurses (Public Hospitals) Award and if required to remain away from his/her usual place of residence overnight, a travelling allowance at the rate prescribed in the Nurses (Public Hospitals) Award calculated on an hourly basis from the time of departure from the hospital until the time of his/her return thereto.

(ii) An employee who is required to travel in the course of his/her duties shall be

paid first-class fares and all reasonable out-of-pocket expenses.

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(iii) Any registered nurse who is engaged within Tasmania for employment or who is required to proceed to employment at a distant centre where the period of engagement is not stated shall be paid by his/her employer all fares necessarily incurred in such travelling as provided in the General Conditions of Service Award.

(iv) Any registered nurse who is engaged within Tasmania for employment or who

is required to proceed to employment at a distant centre for a definite period shall, when he/she completes the term of his/her engagement be paid by his/her employer all fares necessarily incurred in such travelling as provided in the General Conditions of Service Award.

(b) Executive Staff

(i) An employee required to travel on business in connection with the hospital shall be reimbursed all reasonable travelling expenses necessarily incurred.

(ii) Where an employee is required to use his/her own motor vehicle in

connection with the business of the hospital, he/she shall be reimbursed such sums as may be agreed upon between the governing body of the hospital and the secretary. In the absence of any such agreement the allowance payable in respect of such vehicle shall be that prescribed by an appropriate award made by the Tasmanian Industrial Commission.

43. UNIFORMS (a) All Staff An employee, on leaving the service of an employer, shall return any uniform or

part thereof provided by that employer which is still in use by him immediately prior to leaving.

(b) Student and Registered Nursing Staff

(i) Sufficient, suitable and serviceable uniforms shall be provided free of cost to all employees who are required by the employer to wear uniforms. If such uniform is not provided free of cost to the employee, he/she shall be paid either:

(i) the sum of $4.50 per week, except for periods of absence in excess of 3

working days, but inclusive of public holidays not worked; or

(ii) the sum of $3.90 per week, as an allowance not subject to premium or penalty addition, for each week or part thereof of paid employment including periods of approved leave with pay;

in lieu of the uniform being so provided.

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(ii) Laundry Where laundry facilities are provided by the employer an employee shall be

entitled to have his/her uniform laundered free of charge if he/she so desires.

(c) Other Staff (excluding Executive Staff)

(i) Sufficient suitable and serviceable uniforms shall be provided free of cost to all employees.

(ii) The employer shall arrange to have all uniforms laundered, with the exception

of attendants' suits, free of cost to the employee. 44. UNION OFFICIALS - RIGHT OF ENTRY The Secretary for Labour may authorize an official of a union (to be named by him), and thereupon such official shall have the right, in accordance with the terms of such authorization, to enter any place where work is carried on under this award, subject to the following conditions: (a) The authorization shall be in writing and signed by the Secretary for Labour. (b) The authorization shall state the time at which the entry is authorized. Such time

may be any reasonable time. (c) The purpose of the entry if authorized during working hours shall be confined to

interviewing the appointed representatives of the union in the place mentioned in the authorization, or with the consent of the employer or his/her representative of interviewing any member of the union employed therein; or if authorized during a meal hour or at a non working time of interviewing any employee at a place, who is willing to be interviewed.

(d) PROVIDED THAT:

(i) Except during any meal hour, or non-working time, not more than one such official shall be permitted to enter the place in question at one time except by express consent of the employer or his/her representative.

(ii) Before entering any such place the official shall produce the authorization to

the employer of his/her representative. (iii) If an employer alleges that an official is unduly interfering with work of the

job or is causing dissatisfaction among the employees thereof or is offensive in his/her manner or is committing a breach of any of the conditions set out in this clause such employer may refuse to allow the official to enter into or remain on the place but the official, shall have the right to bring such refusal to the attention of the Secretary for Labour who may either cancel the authorization or refer the matter to the Tasmanian Industrial Commission.

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45. UNION STEWARDS An employee appointed as a job steward, upon notification by the union to the employer, shall be recognized as the accredited representative of the union to which he/she belongs and he/she shall be allowed all necessary time during working hours to submit to the employer matters affecting the employees he/she represents and further shall be allowed reasonable time during working hours to attend to job matters affecting his/her union. PROVIDED THAT a job steward shall seek the permission of the head of department before interviewing employees other than in his/her own department and such permission shall not be unreasonably withheld. 46. WORK ABOVE FLOOR LEVEL In no circumstances shall appliances other than a suitable platform or a ladder be used for carrying out work above floor level. Wherever possible female employees should not be required to carry out work above floor level. Where such work is carried out by female employees a suitable platform or a ladder shall be made available provided that another employee shall be required to hold the ladder. 47. WORK ON HIGHER DUTIES (a) An employee, other than a student or registered nurse, a member of the clerical or

technical staff or executive staff, engaged continuously for 2 hours or more on duties carrying a higher rate than his/her ordinary classification shall be paid the higher rate for such day or shift. If for less than 2 hours he/she shall be paid the higher rate for the time so worked.

(b) An employee engaged as a registered nurse, as clerical or technical staff or as

executive staff, who for a period of 5 days or more, performs the duties of an employee with a higher classification, then that employee shall be paid the minimum rate applicable to the higher paid classification.

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CONDITIONS F0R EMPLOYEES IN DIVISION B - EMPLOYEES IN ESTABLISHMENTS PROVIDING CARE FOR AGED PERSONS

48. ACCOMMODATION AND OTHER REQUIREMENTS (a) Linen, cutlery, crockery and blankets shall be provided by the employer free of cost

to the employee. (b) Dressing rooms, luncheon rooms, and conveniences shall be provided for all non-

resident employees. Proper suitable comfortable and healthy accommodation shall be provided for all resident employees.

(c) Adequate supplies of rubber gloves and all necessary safety requirements shall be

kept and maintained at each establishment and provided free of cost to employees for use as required.

49. ANCILLARY AND CLERICAL STAFF - SPECIAL CONDITIONS (a) Probation All other things being equal, all employees who have completed 3 months' service

shall have preference over casual employees in a claim to any position. (b) Promotion Promotion shall be by merit provided that no employee with a claim to seniority

shall be passed over without having his/her claim investigated or adjusted. (c) Aged and Infirm Workers Where an aged or infirm worker is unable to earn the minimum rates of wages

prescribed by this award for the particular class of work which he/she has been offered, a lower rate may be fixed and paid under licence granted by the Secretary for Labour under Section 79 of the Industrial Relations Act 1984.

(d) Foul or Nauseous Linen Employees of the laundry staff who are required to handle unusually foul or

nauseous linen as defined by an officer or employee nominated by the employer shall be paid an amount of $7.20 per week extra.

Part-time employees shall be paid one fortieth of the weekly allowance when so

engaged for each hour worked. (e) Calculation of Service In calculating the number of year's service of an employee in order to ascertain the

rate of wages to which such employee will be entitled, the total experience in the capacity in question shall be taken.

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(i) Student and Registered Nursing Staff

Day Workers Subject to the provisions of Clause 68 - Part-Time Employees and Clause 54 -

Casual Employees a period of 152 hours' leave, to be taken in a period of 28 consecutive days, shall be allowed annually to an employee after 12 months' continuous service (less the period of annual leave).

(ii) Shift Workers In addition to the leave hereinbefore prescribed, shift workers (as defined)

shall be allowed 7 consecutive days' leave including non-working days. Where an employee with 12 months' continuous service is engaged for part of

the 12 monthly period as a shift worker, he/she shall be entitled to have the period of annual leave hereinbefore prescribed increased by one day for each 2 months the employee is continuously engaged as aforesaid.

(iii) Part-Time Employees Part-time employees (excluding employees who attract the 20% loading) shall

be entitled to annual leave based on the number of ordinary hours worked in the leave year.

The leave entitlement shall be calculated as follows:



X

Full-Time Leave entitlement 1 = (iv) Executive Staff The annual leave entitlement shall be four weeks per annum except in the

case of staff required in the normal course of their duties to attend meetings of the controlling body's committees or subcommittees outside their normal working hours, in which case 5 weeks' annual leave shall apply.

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(v) Acting Executive Staff Where during a period of time staff are acting in an executive position which

requires their attendance at meetings of the controlling body or its subcommittees outside of their normal working hours they shall be entitled to an additional one week's leave on a pro rata basis.

(b) Annual Leave Exclusive of Public Holidays Subject to this subclause the annual leave prescribed by this clause shall be

exclusive of any of the holidays prescribed by Clause 60 and if any such holiday falls within an employee's period of annual leave and is observed on a day which in the case of that employee would have been an ordinary working day there shall be added to the period of annual leave time equivalent to the ordinary time which the employee would have worked if such day had not been a holiday.

Notwithstanding any other of the foregoing provisions, a part-time shift worker

whose place upon a roster does not rotate (by agreement between the relevant parties and persons bound by this award and the employees concerned) shall only have his/her period of annual leave extended by the addition of one day for each statutory holiday mentioned in Clause 60 hereof upon which he is rostered to work.

This shall not apply in respect to a statutory holiday which is observed on a

Saturday or a Sunday. (c) Broken Leave Leave allowed under the provisions of this clause shall be given and taken in not

more than 2 separate periods unless the employer and the employee otherwise agree.

(d) Time of Taking Leave Annual leave shall be given at a time fixed by the employer within a period not

exceeding 6 months from the date when the right to annual leave accrued and after not less than 2 weeks' notice to the employee.

(e) Payment in Lieu Prohibited Except as provided in subclause (g) payment shall not be made or accepted in lieu

of annual leave. (f) Payment for Period of Leave Each employee before going on leave shall be paid the amount of wages he/she

would have received in respect of the ordinary time which he/she would have worked had the employee not been on leave during the relevant period and no deduction shall be made for board and lodging.

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Payment shall be made not later than 12.00 noon on the last day of work prior to going on leave.

Payment calculated in accordance with the provisions of this clause should be made

for the full weeks of leave taken at the time, unless otherwise specified by the employee.

(g) Proportionate Leave on Ending Service If after one month of continuous service in respect of weekly employees in any

qualifying 12 monthly period, an employee lawfully leaves the employment or the employment is terminated by the employer through no fault of the employee, the employee shall be paid at his/her ordinary rate of wages as follows:

(i) Day workers - Thirteen and one-third hours for each completed month of continuous service. (ii) Shift workers - Sixteen and two-thirds hours for each completed month of continuous service

in addition such entitlements established under the provisions of subclause (b) hereof.

(iii) Part-time employees - Shift workers - 9.6% of the normal hours worked in each completed month of

continuous service in addition to such entitlements established under the provisions of subclause (b) hereof.

Day workers - 7.7% of the normal hours worked in each completed month of

continuous service; service shall be deemed to be continuous if the employee was engaged as a part-time employee (as defined) during the relevant period.

(h) Period of Leave - Matrons Notwithstanding the provisions of subclause (a) hereof employees classified as

Matrons shall be allowed a period of 25 working days annually after 12 months' continuous service (less the period of annual leave).

(i) Annual Leave Allowance During a period of annual leave an employee shall be paid an allowance by way of

additional salary calculated on the wages prescribed for the relevant classification in Division B of Clause 8 as follows:

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Day worker An employee who during the period of such recreation leave would have worked on

day work only - an allowance calculated at the rate of 17 1/2% of his/her normal salary, plus where applicable, any higher duty allowance or all purpose payment payable to the employee concerned.

Shift worker An employee who but for the period of recreation leave would have worked shift

work - an allowance calculated at the rate of 17 ½% of his/her normal salary plus, where applicable, any higher duty allowance or all purpose payment payable to the employee concerned provided that an employee who would have received shift payments as prescribed by Clause 73, had he/she not been on recreation leave during the relevant period, and such shift payment would have entitled the employee to a greater monetary amount than an allowance of 17 ½% of his/her normal salary, then the employee's recreation leave allowance shall be calculated as an amount equivalent to the shift payment he/she would have received in accordance with his/her projected shift roster.

PROVIDED ALWAYS such allowance shall:

(i) be calculated on the basis of a maximum period in any one leave year of 4 weeks' recreation leave in the case of a day worker and S weeks' recreation leave in the case of a shift worker; and



(j) Calculation of Continuous Service For the purpose of this clause, service shall be deemed to be continuous


In calculating the period of 12 months' continuous service any such absence as

aforesaid shall not, except to the extent of not more than 91 days in any 12 monthly period, be taken into account in calculating the period of 12 months' continuous service.

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(k) Employer Instigated Cancellation of Leave

(i) If, as a consequence of an employer instigated cancellation of approved annual leave (whether agreed or otherwise by the employee, and irrespective of when such cancellation notification is given) an employee incurs a monetary loss directly associated with pre-established annual leave holiday arrangements, and such loss is deemed to be unrecoverable, the employee shall be entitled to recover such otherwise unrecoverable costs from the employer.

PROVIDED THAT such claims must be verified by the production of receipts

or other form of documentation indicating the prior expenditure incurred associated with pre-holiday arrangements. This information is to be accompanied by written notification, from the person or organisation with whom or which the payment was made, stating the amount which is not recoverable.








accompanied by receipts and any other form of documentation which would be appropriate to the circumstances of the claim.



PROVIDED THAT an employee may elect to take the balance of unused

leave and recredited days at a later date.

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51. BREAKAGES Except in the case of proved carelessness, an employee shall not be required to pay for any breakages occurring in the ordinary course of his/her specified duties. 52. CALL BACK Except where otherwise specifically provided an employee recalled to work overtime after leaving his/her employer's premises (whether notified before or after leaving such premises) shall be paid at the appropriate overtime rate applicable to his/her salary: (i) for the first recall a minimum payment of 4 hours work; and (ii) for each subsequent recall a minimum payment of 3 hours work. PROVIDED ALWAYS that time reasonably spent in getting to and from .work shall be regarded as time worked. PROVIDED FURTHER that an employee who is recalled to work within two hours of his or her normal starting time shall be paid at overtime rates with a minimum payment of two hours at double time. 53. CALL. - CLOSE AND REMOTE (a) Close (Registered Nursing Staff Only)

(i) An employee may be required by the employer to remain on "close call" (that is on call for duty and not allowed to leave the precincts of the establishment).

(ii) An employee held on close call shall:

(a) if not required to commence work be paid a minimum payment of $14.17 per night;

(b) if required to commence work - be paid in accordance with the

appropriate overtime rate. Provided that such payments shall be at least equivalent to the minimum payment set forth in (a) hereof;

(c) if they do not normally live in - be provided with bed and meals whilst

on close call; and (d) not be required to remain on close call for longer than 10 consecutive

days and for more than 10 days in any fortnight.

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(b) Remote

(i) An employee who is rostered to remain on 'remote call' (that is on call for duty and allowed to leave the precincts of the establishment) shall be paid the allowance prescribed in subclause 6, Division B of Clause 8 for each hour he/she is required to be so available, with a minimum payment of $8.30 per day for each day or shift when so rostered.

(ii) Where a rostered employee is recalled to work he/she shall be paid in

accordance with Clause 52. (iii) An employee recalled to work shall be entitled to receive, in addition,

payment for that day under paragraph (i) hereof of this clause. (iv) Where practicable an employee other than a registered nursing staff member

will be rostered on remote call for a minimum period of 7 consecutive days otherwise a rotating roster system averaging at least 7 days per employee per cycle shall be worked. Provided that by mutual agreement between the employer, the employees) and the Secretary or the authorized representative of the appropriate service organization alternative arrangements may be made.

54. CASUAL EMPLOYEES A casual employee (as defined) for working ordinary time shall be paid per hour one fortieth of the weekly rates prescribed for the work which he/she performs, plus 20%; such additional amount to be payment in lieu of annual leave, sick leave and public holidays. Casual employees' terms of engagement shall be by the hour and they shall be provided with a minimum of 2 hours work or, alternatively, paid for a minimum of 2 hours on each occasion they are required to attend for work. However, where work practices are such that it is inappropriate to apply the conditions stipulated by this provision, such conditions may be varied by mutual agreement between the employees, the relevant employee organisation and the employer. Casual employees shall have their wages for working shifts, which attract a penalty payment, calculated by adding the 20% loading to their hourly rate. Shift penalties are to be calculated on the base hourly rate, i.e. excluding 20%, the resultant amount to be added to the earlier calculation. In the case of overtime penalty payments, the above method of calculation shall not be used. Overtime payments shall be calculated by adding the overtime penalty to the normal hourly rate payable to a full-time employee employed in the same classification.

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55. CERTIFICATE AND DIPLOMA ALLOWANCES Any employee who holds a general nursing certificate, together with one or more of the following certificates, viz: Child Health, Geriatric, Midwifery, Psychiatric or Tuberculosis, or a post-graduate Diploma of the College of Nursing, Australia, or Ward Sister, Tutor Sister, or Nursing Administration, or other certificate or diploma deemed as being at least equivalent thereto, and who is required by the employer to hold one or more than one such certificate or diploma, or who, for the purpose of the proper performance of the allotted duties, makes use of the knowledge gained in obtaining such certificate or diploma, shall be paid an allowance for each additional certificate or diploma, in accordance with the following scale: Certificate/Diploma Allowance - Certificate - $5.30 per week Diploma (1 /2 year course) - $7.10 per week Diploma (1 year course) - $12.40 per week PROVIDED ALWAYS that: (i) an allowance in respect of a Tutor Sister Diploma shall not be paid to a Tutor

Sister; and (ii) the maximum allowance shall not, except at the employer's discretion exceed

$10.60 per week in the case of a Tutor Sister or Nurse Educator and $24.90 per week in any other case.

56. CLIMATIC AND/OR ISOLATION ALLOWANCES Employees who are employed in the municipalities of Queenstown$ Strahan or Zeehan shall be paid an allowance as provided for similar employees employed in public hospitals. 57. COMPASSIONATE LEAVE An employee shall on the death of a wife, husband, father, mother, child, stepchild, brother, sister, mother-in-law, father-in-law, stepmother, stepfather, grandfather, grandmother, be entitled upon application being made to, and approved by the employer, to leave up to and including the day of the funeral of such relative and such leave will be without deduction of pay not exceeding the number of ordinary hours worked by the employee in 3 ordinary days, provided that no payment shall be made in respect of an employee's rostered days off. Proof of such death, in the form of a death notice or other written evidence shall be furnished by the employee to the satisfaction of the employer, provided furthermore that this clause shall have no operation while the period of entitlement to leave under it coincides with any other period of entitlement to leave.

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For the purpose of this clause the words "wife" and "husband" shall not include a wife or husband from whom the employee is separated, but shall include a person who lives with the employee as a de facto wife or husband. 58. CONTRACT OF EMPLOYMENT (a) Except as hereinafter provided, employment shall be by the fortnight. Any

employee not specifically engaged as a casual employee shall be deemed to be employed by the fortnight.

(b) An employee (other than a casual employee) willing to work, who works less than a

full working fortnight, shall be entitled to a full fortnight's wages. (c) Employment shall be terminated by 2 weeks' notice given by either side or by the


(d) Employees other than those engaged on a part-time or casual basis, shall,

notwithstanding anything contained in Section 49 of the Industrial Relations Act 1984, be paid the weekly wage prescribed for a week of 40 hours for each week that he/she is ready, willing and available for work during the hours prescribed herein, and in addition thereto, such overtime or other penalty rates, if any, that may have occurred during the relevant period.

(e) An employer shall not, in exercising his/her power of termination in this clause,

make any distinction, exclusion or preference on the basis of sex, other than a distinction, exclusion or preference based on the inherent requirements of a particular job.

59. EXCESS FARES (a) Employees required to attend for work at a place other than their regular place of

employment shall be paid such additional fares they may incur. (b) An employee required to cease work after 7.00 p.m. or 30 minutes after sunset,

whichever is the later, and who would be required to wait in excess of 30 minutes for public transport or who is unable to park his/her private transport within reasonable proximity of the employer's premises shall be provided with transport from work to home or vehicle (whichever is the closer).

An employee required to commence work after 7.00 p.m. or 30 minutes after

sunset whichever is the later and at or before 6.30 a.m., provided public transport is not available, shall, if necessary, be provided with suitable transport to work.

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In either case the employee shall pay to the employer the amount of the fare that would normally have been payable had regular transport services been available.

60. HOLIDAYS (a) All employees other than shift workers, casual employees and parttime employees

engaged to work less than 20 hours per week shall be entitled to the following holidays without deduction from their weekly wages - Christmas Day, Boxing Day, New Year's Day, Australia Day, Cup Day (half day) Hobart Regatta Day (south of Oatlands), Eight Hours' Day, Good Friday, Easter Monday, Anzac Day, Queen's Birthday, Show Day (as defined in Clause 7) and the first Monday in November in those districts where Hobart Regatta Day is not observed, or such other day as may be observed in the locality in lieu of any of the aforementioned holidays.

(b) Payment for the holidays mentioned in subclause (a) which are taken and not

worked, shall be at the normal rate of pay which would have applied to the employees concerned, when if it were not for such holiday he/she had been at work.

(c) Where an employee who is entitled to holidays in accordance with subclause (a)

hereof is required to work on any of the holidays mentioned in that subclause, either for part or the whole of such day he/she shall in the case of a shift worker be paid at the rate prescribed in Clause 73 - Shift Work and in the case of a day worker be paid at the overtime rate prescribed in subclause (a) of Clause 67 - Overtime.

(d) An employee required to work on any of the holidays mentioned in subclause (a),

where such holiday applies at his/her normal place of work, but because his/her duties require the employee to work at a place where the holiday does not apply, shall have the time in lieu of such holiday added to his/her annual leave entitlement.

61. HOURS OF WORK (a) Day Workers

(i) The ordinary hours of work shall be 37 1/2 per week for clerical and technical staff and 40 hours per week for all other day work employees to be worked in 5 days Monday to Friday inclusive in continuous periods of 7 1/2 hours and 8 hours per day respectively except for a meal break of not more than one hour's duration to be taken between 7.00 a.m. and 7.00 p.m. on such days.

PROVIDED ALWAYS that the spread of hours or daily hours prescribed may

be altered as to all or a section of the employees by mutual agreement between the employer, the employees and the branch secretary of the union in the area concerned.

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PROVIDED FURTHER that work performed by day workers other than by agreement as prescribed above prior to 7.00 a.m. and after 7.00 p.m. shall be paid for at overtime rates but shall be deemed, for the purposes of this subclause, to be part of the employee's ordinary hours of work where his/her ordinary hours of work within the period 7.00 a.m. to 7.00 p.m. in any week, have been less than 37 1/2 or 40 whichever is applicable.

PROVIDED ALWAYS that any proposal to amend the ordinary hours of work

of any employee who was employed prior to 4 August 1988 may only be implemented after agreement is reached between the employer, the employee(s) and the union(s) concerned.

(ii) Part-time employees engaged to work in a day work situation but outside the

spread of hours specified in paragraph (i) hereof shall receive penalty rates as follows:

Monday to Saturday - time and one half for the first two hours, double time

thereafter; Sunday - double time; public holidays - double time and a half. PROVIDED ALWAYS that this paragraph shall not apply to positions in

existence as at 14 June 1984 where the employee(s) involved had, prior to that date, been paid as shift workers and to such additional positions as may be agreed between a hospital board and the appropriate union(s).

(b) Shift Workers

The ordinary hours of work shall not exceed: 8 in any one day; nor

48 in any one week; nor 88 in 14 consecutive days; nor 160 in 28 consecutive days.

Subject to the following conditions shift workers shall work at such times as the

employer may require: a shift shall consist of not more than 8 hours, inclusive of crib time; except at the regular change-over of shifts an employee shall not be required to

work more than one shift in each 24 hours;

20 minutes (30 minutes for Registered Nursing Staff) shall be allowed to shift workers each shift for crib which shall be counted as time worked.

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PROVIDED THAT in the case of Ancillary Service and Clerical Staff, subject to mutual agreement between the employer, the employees and the branch secretary of the appropriate union in the area concerned, day shift employees shall be allowed to extend their paid 20 minute crib time by not more than 40 minutes each day, which excess shall be exclusive of the time worked and unpaid.

PROVIDED FURTHER that in the case of Registered Nursing Staff, the employer

may require employees to extend their paid 30 minutes crib time by not more than 30 minutes each day for the purpose of extending time of the shift to cover the hand over period between the outgoing shift and the incoming shift or the report time for incoming shifts. The excess crib time shall be exclusive of time worked and unpaid and shall be kept to the minimum period required for the purpose of the hand over or report.

PROVIDED FURTHER that notwithstanding the provisions of (d), by mutual

agreement between a representative of the employer concerned and a majority of the employees concerned within a particular ward or area and with the approval of the appropriate union, the ordinary hours of work for night shift employees may be extended to 10 per day (inclusive of paid meal break of not more than 25 minutes duration) to be paid for at the appropriate shift rate. This provision takes effect on and from 10 June 1987.

Part-time shift workers, as defined, shall be entitled to the provisions of this

subclause with the following exceptions:

(i) Hours - the maximum hours in any one fortnight shall be eighty;

- the maximum hours in any one day shall be eight (except where such hours are worked in accordance with the above).


time. (ii) Meal breaks - the paid meal break prescribed above shall be given to all

employees who work in excess of four hours.

62. LICENCE ALLOWANCE An employee directed by the employer to drive vehicles requiring a licence issued by the Transport Commission, shall upon presentation of his/her current licence to the employer, be reimbursed the cost of the driver's licence fee. 63. LIFTING OF PATIENTS No employee shall be required or permitted to lift or carry by hand any patient who is unable to provide reasonable assistance and weighs over 25kg without the assistance of another person.

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PROVIDED THAT where any patient, who is unable to provide reasonable assistance, weighs over 76kg, no employee who is of the opinion that additional assistance is necessary shall be required or permitted to lift or carry by hand such patient without the assistance of 2 other persons. The expression 'lift' shall include the following: . (a) raising a patient in bed; (b) raising or moving a patient who has fallen; (c) removing a patient from a bed to a chair, wheelchair, commode, trolley, bath or


conveyance or receptacle to a bed or other place. 64. MATERNITY LEAVE The provisions of Clause 28 - Maternity Leave shall also apply to employees in this division. 65. MEALS (a) Registered Nursing Staff and Shift Workers The minimum time to be allowed for meals shall be half an hour. (b) Other Staff (Day Workers Only) Time not exceeding one hour and not less than 45 minutes shall be allowed for

each meal. (c) Meal Allowance Where the duties of an employee require that employee to travel from his/her other

headquarters, and the employee is more than 10 miles or 16 kilometres therefrom at his/her normal meal hour, that employee shall, subject to this subclause be paid: (i) In the case of a meal purchased by the employee at any hotel, boarding

house, or public eating place, a meal allowance at the following rates: Meal Rate of Allowance Breakfast $4.40 Lunch (or midday meal) $4.80 Dinner (or evening meal) $8.60

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(ii) In the case of a meal provided by the employee, a meal allowance of $1.55

for each meal so provided. (iii) These rates shall be adjusted from time to time in accordance with the

General Conditions of Service Award. (d) Work During Meal Break Subject to existing customs and practices a day worker who is directed to work

during his/her recognized meal break shall, for all work performed during such period and thereafter until a meal break is allowed, be paid at the rate of time and a half of his/her normal salary rate.

66. NOTICE BOARD The employer shall provide a notice board of reasonable dimensions to be erected in a prominent position in the establishment, upon which accredited union representatives shall be permitted to post formal union notices, signed or counter-signed by the representative posting same. 67. OVERTIME (a) Day workers

(i) The employer may require any employee to work reasonable overtime at overtime rates, and such employee shall work overtime in accordance with such requirement. No overtime shall be worked without prior approval of the employer.

(ii) For all time worked in excess of the ordinary hours of work the following rates

shall be paid: Monday to Friday inclusive - time and a half for the first 2 hours; double time

thereafter; Saturday - time and a half for the first 2 hours, double time thereafter; Sunday - double time; public holidays - double time and a half.

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PROVIDED ALWAYS that an employee, who holds a position which regularly requires work on public holidays, shall, where mutually agreeable, be paid, in addition to any paid time off in lieu granted by the employer concerned, at the rate of time and a half of his/her ordinary rate for the first 8 hours worked during his/her normal spread of hours, and thereafter in accordance with the overtime rate set forth in subclause (a) paragraph (ii) hereof. Provided that no employee shall receive in the aggregate more than the equivalent of double time and a half of his/her ordinary rate.

(iii) Unless the period of overtime is one and a half hours or less, an employee

before starting overtime shall be allowed a meal break of 20 minutes which shall be paid for at ordinary rates. An employer and an employee may agree to any variation of this provision to meet the circumstances of the work in hand provided that no employee shall be required to work more than 5 hours without a break for a meal.

(iv) An employee required to work for more than 2 hours without being notified on

the previous day or earlier that he/she will be so required shall, either be supplied with a meal by the employer or paid $4.80 in lieu thereof.

(v) Matrons and Deputy Matrons shall not be entitled to receive payment for

overtime. PROVIDED ALWAYS that where, in the opinion of the employer the

circumstances so require, Matrons who work overtime on rostered nursing duties in excess of their ordinary duties as Matron shall be entitled to receive overtime payment at the maximum overtime rate applicable to an employee classified as a Registered Nurse for all time worked on such nursing duties.

(vi) No organization of employees shall in any way directly or indirectly be a party

to or be concerned in any ban, limitation, or restriction on the working of overtime as prescribed by this clause.

(vii) The calculations of the overtime penalty prescribed in this subclause in the

case of an employee in receipt of a loading in lieu of sick leave, annual leave and public holidays shall be based upon the relevant award rate (as defined).

(b) Shift workers

(i) For work performed by a shift worker outside the ordinary hours of his/her shift, double time shall be paid. But such payment shall not apply to those cases where arrangements have been made between the employees themselves, or in cases due to rotation of shifts.

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PROVIDED ALWAYS that:

(a) Registered Nursing Staff - In cases where the employer has been given less than 4 hours' notice

that an employee rostered to relieve an afternoon or night shift worker, will not attend to do so at the proper time, such unrelieved shift worker shall be paid, for the extra time worked, at the rate of time and one half until the 4 hours have elapsed from the time notice was first given to the employer. For all time worked beyond the 4 hour spread referred to herein the unrelieved shift worker shall be paid at the rate of double time. In all other cases the unrelieved shift worker shall be paid at the rate of double time until relieved.

(b) Ancillary and Clerical Employees - In cases where the employer has. been given at least 8 hours' notice

that an employee rostered to relieve a shift worker will not attend to do so at the proper time, all time spent on duty by the unrelieved shift worker after completion of his/her normal shift shall be paid at the rate of double time.

(ii) In the case of an employee in receipt of a loading in lieu of sick leave, annual

leave and public holidays the period of overtime shall be paid for at the rate of double the relevant award rate (as defined).

68. PART-TIME EMPLOYEES (a) Part-time employees engaged to work 20 or more hours per week shall be entitled

to the annual leave and sick leave as prescribed in Clauses 50 and 74 and the holidays prescribed in Clause 60, provided that payment therefore shall be made at the rate normally paid to such employee for a similar period of time worked.

The wage rate payable per hour shall be 2.66% for executive, clerical and technical

staff and one-fortieth for all other staff of the relevant rates set out. (b) Part-time employees engaged to work less than 20 hours per week shall be paid

per hour 2.66% for executive, clerical and technical staff and one-fortieth for all other staff of the relevant rates set out, plus an additional 20%; such payment being in lieu of public holidays, annual leave and sick leave.

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Part-time employees, working less than 20 hours per week who receive a 20% loading, shall have their wages for working shifts, which attract a penalty payment, calculated by adding the 20% loading to their hourly rate. Shift penalties are to be calculated on the base hourly rate, i.e. excluding 20%, the resultant amount to be added to the earlier calculation. In the case of overtime penalty payments the above method of calculation shall not be used. Overtime payments shall be calculated by adding the overtime penalty to the normal hourly rate payable to a full-time employee employed in the same classification.

(c) The penalty rates prescribed for full-time employees for work on Saturdays,

Sundays and public holidays are applicable to part-time employees. PROVIDED THAT a part-time employee who receives a loading in lieu of sick

leave, annual leave and public holidays shall be paid at the rate of 1.7 times the relevant award rate for work on a public holiday.

(d) An employee working less than 20 hours per week who receives a loading in lieu of

public holidays, annual leave and sick leave shall be entitled to elect to take up to 4 weeks' leave without pay in any one leave year. Leave under this provision shall not be cumulative.

Leave allowed under this subclause may be taken by mutual agreement in not more

than 2 separate periods. (e) Part-time employees working less than 20 hours who were not prior to 1 June 1980

entitled to receive penalty rates for work on public holidays shall be entitled to receive penalty rates as prescribed by this award on or after this date.

(f) Part-time employees shall be entitled to all conditions prescribed by this award

subject to this clause and specific restrictions contained in other clauses of this award.

(g) Provided that part-time employees shall be provided with a minimum of 2 hours

work or, alternatively, paid for a minimum of 2 hours on each occasion they are required to attend for work. However, where work practices are such that it is inappropriate to apply the conditions stipulated by this provision, such conditions may be varied by mutual agreement between the employees, the relevant employee organisation and the employer.

69. PAYMENT OF WAGES Wages, including overtime, shall be paid by direct bank deposit or some other method agreed by the employer at intervals of not more than 2 weeks and not later than Thursday of the week of payment. On pay day, the employer shall state in writing to the employee, the amount of wages to which he/she is entitled, the amount of tax deductions made therefrom, the amount of any other deduction made therefrom and the net amount being paid to him/her.

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Where the hourly rate, or the number of ordinary hours per week of an employee is changed, or in the case of payment of back monies due, annual leave payment and payment on termination, the employer shall state the particulars separately in writing. PROVIDED ALWAYS that where a public holiday falls on a normal pay day wages shall be paid on the day prior to that public holiday. An employee kept waiting for his/her wages on a normal pay day for more than a quarter of an hour after the usual time for ceasing work shall be paid at overtime rates after that quarter of an hour, with a minimum of a quarter of an hour. PROVIDED FURTHER that any employee may nominate which bank or financial institution shall receive the payment of wages. The allowances prescribed in this award other than higher duty allowance, certificate and/or diploma allowances, shall not be taken into consideration in the computation of overtime and other penalty rates prescribed in this award. 70. PREFERENCE TO UNIONISTS (a) Preference of employment shall be given to members of a Tasmanian Branch of the

Hospital Employees Federation of Australia and the Royal Australian Nursing Federation, and if no such persons are available and competent, then to persons who give to the employer an undertaking in writing to become and remain members of one such union upon engagement.

(b) Where a person can satisfy the employer and the union that they have genuine

conscientious grounds for not joining a union, then that person shall be exempt from the requirement to join, on condition that they contribute each year, an amount equivalent to the annual union subscription to a charity nominated by the union, and that such contribution to charity shall be made within one month of engagement of that employee.


his/her complete objection to joining all unions, not a union or particular union. 71. PROTECTIVE CLOTHING AND SAFETY APPLIANCES (a) An establishment shall maintain at its own expense full and sufficient supplies of

safety appliances, such as rubber gloves, disinfectants, etc. for the use of employees.

(b) The employer shall provide where necessary, suitable protective clothing for the

employees. An employee who is pursuant to this subclause, supplied with protective clothing, shall wear such clothing in such a way as to achieve the purpose for which it is supplied.

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(c) Compensation to the extent of the damage sustained shall be made where, in the course of the work, an employee's clothing is damaged or destroyed by fire or the use of corrosive substances.

72. SAVING Nothing herein contained shall be taken to reduce the wage rate of any employee who is in receipt of a higher wage rate at the date of this award. 73. SHIFT WORK (a) Definitions For the purposes of this clause: 'Afternoon shift' means a shift terminating after 6.00 p.m. and at or before

midnight. 'Night shift' means a shift commencing at or after 4.00 p.m. and before 6.00 a.m. 'Shift worker' includes an employee whose ordinary weekly hours of work are


PROVIDED ALWAYS that to qualify as a shift worker under this definition, for the

purpose only of calculating annual leave entitlements, an employee shall be rostered to perform work on not less than 10 Saturdays and not less than 10 Sundays during any one leave year.

(b) Rosters There shall be a roster for shifts which shall:

(i) provide for rotation unless all the employees concerned desire otherwise; (ii) provide for not more than 8 shifts to be worked in any 9 consecutive days;

and (iii) not be changed until after 4 weeks' notice.

PROVIDED THAT an employee's place on such roster shall not be changed, except

on one week's notice of such change, or payment of the penalty rates more particularly set forth in Clause 67 Overtime, subclause (b), paragraph (i)(a). So far as employees present themselves for work in accordance therewith, shifts shall be worked according to the roster.

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(iv) The roster shall provide for 2 consecutive days off each week except where by mutual agreement between the employer, the employee(s) concerned and the Secretary or authorized representative of the appropriate employee organization alternative arrangements are made.

(c) Afternoon and Night Shift Allowances Subject to the existing customs and practices:



continue for at least 5 successive afternoons or nights shall be paid for each shift 50% more than his/her ordinary rate for the remaining hours thereof.

(iii) An employee who -


shift or with day work so as to give such employee at least one third of his/her working time off night shift in each shift cycle;


ordinary rate for work during ordinary working hours on such night shift. PROVIDED ALWAYS that notwithstanding the provisions of paragraphs (i)

and (ii) hereof, where a shift worker by mutual arrangement with an employer works permanently on either an afternoon shift or a night shift, and where but for such arrangement a rotating or alternating roster would need to be worked, such employee shall be paid 15% more than the ordinary salary rate for each permanent afternoon or night shift so worked.

(d) Saturday Shifts Shift workers for work on a rostered shift, the major portion of which falls on a

Saturday, shall be paid at the rate of time and a half of the employee's normal salary rate, but such rates shall be in substitution for and not cumulative upon the shift allowances more particularly set forth in subclause (c) hereof. The provisions of this subclause shall not prejudice any right of an employee to obtain alternatively any higher rate in respect of that work by virtue of any provision of this award.

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(e) Sunday and Holiday Shifts Shift workers, for work on a rostered shift, the major portion of which falls on a


(i) Sundays - at the rate of double time. (ii) Holidays as prescribed in Clause 60 - at the rate of double time.

The above rates shall be in substitution for, and not cumulative upon the shift allowances more particularly set forth in subclause (c) hereof.


(i) Where shifts commence between 11.00 p.m. and midnight on a Sunday or a holiday the time so worked before midnight shall not entitle an employee employed on such a shift to the Sunday or holiday rate provided that the time worked by an employee on a shift commencing before midnight on a day preceding a Sunday or holiday and extending into such Sunday or holiday the time worked before midnight shall be regarded as time worked on such Sunday or holiday.



and is granted time off in lieu thereof the above penalty rate shall not apply. (f) Broken Shifts Subject to the proviso hereto broken shifts shall not be worked. PROVIDED THAT in an emergency situation a broken shift may be worked by

mutual agreement between the employer and the branch secretary of the employee organization. All work performed in excess of a spread of 9 hours shall be paid at the rate of double time.

(g) Rest Period After Overtime

(i) An employee (other than a casual employee) who works so much overtime between the termination of his/her ordinary work on one day and the commencement of his/her ordinary work on the next day that the employee has not had at least 8 consecutive hours off duty between those times, shall, subject to this section, be released after completion of such overtime until he/she has had 8 consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

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(ii) If on the instructions of the employer such an employee resumes or continues work without having had such 8 consecutive hours off duty he/she shall be paid at double rates until released from duty for such period, and shall then be entitled to be absent until he/she has 8 consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

(iii) When overtime work is necessary it shall, wherever reasonably practicable, be


(h) Part-time shift workers shall be entitled to the provisions of this clause with the

following exceptions: Rosters - Work by choice or mutual agreement outside rostered shifts shall not be

subject to penalty (other than shift, weekend and public holiday penalty) provided that any time worked in excess of 8 hours per day shall be paid at double time.

Where an employee is instructed to work shifts other than in accordance

with this clause he/she shall be entitled to the penalty payments prescribed by this clause.

74. SICK LEAVE (a) An employee who is absent from work on account of personal illness, or on account

of injury by accident, shall be entitled to leave of absence without deduction of pay subject to the following conditions and limitations that the employee shall:

(i) Not be entitled to paid leave of absence for any period in respect of which

he/she is entitled to workers compensation. (ii) Within 24 hours of the commencement of such absence, inform the employer

of his/her inability to attend for duty, and, as far as practicable state the nature of the injury or illness and the estimated duration of the absence.

(iii) Prove to the satisfaction of the employer that he/she was unable, on account

of such illness or injury, to attend for duty on the day or days on which sick leave is claimed.

(iv) Not, except as prescribed in subclause (b) hereof, be entitled in any one year

(whether in the employ of one employer or of more) to leave in excess of 28 working days.

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(b) If the full period of sick leave, as prescribed in subclause (a) hereof is not taken in any one year, such proportion as is not taken shall be cumulative from year to year up to a period not exceeding 60 working days which, except as prescribed in subclause (c) hereof, shall be the maximum amount of sick leave to which an employee shall be entitled in any year without deduction of pay, provided that the amount of 60 working days herein prescribed shall, in the case of an employee with 10 years' or more continuous service with the one employer, be increased to 90 working days.

(c) Notwithstanding any other provisions in this clause, an employee who contracts an

infectious disease and/or who on examination reveals a changed mantoux reaction in the course of his/her duties, and same having been certified to by a medical practitioner approved by the employer, shall receive full pay during the period of duty up to but not exceeding 12 weeks, and during this time he/she shall be regarded as remaining in the employ of the employer for the purposes of the Workers' (Occupational Diseases) Relief Fund Act.

(d) An employee who is certified as unfit for duty because of personal illness by a

medical practitioner approved by the employer during a period of paid recreational leave, shall be given credit for the time so certified and the paid recreational leave shall be extended by the number of days that the employee has been so certified as unfit for duty.

(e) Any employee who falls sick by reason of his/her work shall, subject to the

recommendation of a medical practitioner approved by the employer be paid an amount of wage not less favourable that that prescribed by the Workers' (Occupational Diseases) Relief Fund Act.

(f) A year for the purposes of this clause shall mean 365 days' employment in a

licensed establishment providing care for the aged including rostered days off, public holidays, paid annual leave and paid sick leave.

(g) Part-time Employees Sick leave shall be granted to part-time employees on the same basis as to full-

time employees except that the employee shall not other than as prescribed by subclause (b) be entitled to paid leave in any one year in excess of the following:

20 hours to less than 30 hours per week - 168 hours p.a. 30 hours or more - 224 hours p.a. PROVIDED THAT in determining the amount of leave to which an employee is

entitled at any time (other than leave which has been accumulated) the average hours worked per week in the preceding 3 months shall be used except that where an employee has less than 3 months service, the period per week for which he/she was engaged shall be used.

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PROVIDED FURTHER that in determining the amount of leave to be accumulated for the purposes of subclause (b) the entitlement shall be based on the average number of hours worked in the year (less the period of sick leave taken).

75. UNIFORMS (a) All Staff An employee, on leaving the service of an employer, shall return any uniform or

part thereof provided by the employer which is still in use by him/her immediately prior to leaving.

(b) Registered Nursing Staff

(i) Sufficient suitable and serviceable uniforms shall be provided free of cost to all employees who are required by the employer to wear uniforms. If such uniform is not provided free of cost to the employee, he/she shall be paid either:

(a) the sum of $4.50 per week, except for periods of absence in excess of 3

working days, but inclusive of public holidays not worked; or (b) the sum of $3.90 per week, as an allowance not subject to premium or

penalty addition, for each week or part thereof or paid employment including periods of approved leave with pay;

in lieu of the uniform being so provided.

(ii) Laundry - where laundry facilities are provided by the employer an employee

shall be entitled to have his/her uniform laundered free of charge is so desired.

(c) Other Staff (Excluding Executive Staff)

(i) Sufficient suitable and serviceable uniforms shall be provided free of cost to all employees.

(ii) The employer shall arrange to have all uniforms laundered, with the exception

of attendants' suits, free of cost to the employee. 76. UNION OFFICIALS - RIGHT OF ENTRY The Secretary for Labour may authorize an official of the union (to be named by him), and thereupon such official shall have the right, in accordance with the terms of such authorization, to enter any place where work is carried on under this award, subject to the following conditions:

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(a) The authorization shall be in writing and signed by the Secretary for Labour. (b) The authorization shall state the time at which the entry is authorized. Such time


interviewing the appointed representatives of the union in the place mentioned in the authorization, or with the consent of the employer or the employer's representative of interviewing any member of the union employed therein; or if authorized during a meal hour or at a non-working time of interviewing any employee at a place, who is willing to be interviewed.

(d) PROVIDED THAT:

(i) Except during any meal hour, or non-working time, not more than one such official shall be permitted to enter the place in question at one time except by express consent of the employer or the employer's representative.


the employer or the employer's representative. (iii) If an employer alleges that an official is unduly interfering with the work of

the job or is causing dissatisfaction among the employees thereof or is offensive in his/her manner or is committing a breach of any of the conditions set out in this clause such employer may refuse to allow the official to enter into or remain on the place but the official shall have the right to bring such refusal to the attention of the Secretary for Labour who may either cancel the authorization or refer the matter to the Tasmanian Industrial Commission.

77. UNION STEWARDS An employee appointed as a job steward, upon notification by the union to the employer, shall be recognized as the accredited representative of the union to which he/she belongs and shall be allowed all necessary time during working hours to submit to the employer matters affecting the employees represented and further shall be allowed reasonable time during working hours to attend to job matters affecting that union. PROVIDED THAT a job steward shall seek the permission of the head of department before interviewing employees other than in his/her own department and such permission shall not be unreasonably withheld. 78. UNION SUBSCRIPTIONS - DEDUCTION The employer, on receipt of an authority from the employee shall deduct union subscriptions quarterly in advance from the wages of that employee and forward the amount deducted to the office of the appropriate registered employee organization.

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79. WAGE AND TIME RECORD The employer shall keep a time book, clock or sheet showing the name of the employee, the number of hours worked, and also between what hours, the rate of pay and wages to be paid to each employee from week to week. 80. WORK DONE ABOVE FLOOR LEVEL In no circumstances shall appliances other than a suitable platform or a ladder be used for carrying out work above floor level and wherever possible, female employees should not be required to carry out work above floor level. Where such work is carried out by a female employee another employee shall be required to hold any ladder used. 81. WORK ON HIGHER DUTIES (a) An employee, other than a registered nurse, a member of the clerical or technical

staff or executive staff, engaged continuously for 2 hours or more on duties carrying a higher rate than his/her ordinary classification shall be paid the higher rate for such day or shift. If for less than 2 hours he/she shall be paid the higher rate for the time so worked.

(b) An employee engaged as a registered nurse, as clerical or technical staff or as

executive staff, who for a period of 5 days or more, performs the duties of an employee with a higher classification, then that employee shall be paid the minimum rate applicable to the higher paid classification.

CONDITIONS FOR EMPLOYEES IN DIVISION C – BLOOD BANK SERVICES 82. ACCOMMODATION AND TRAVELLING (a) Where the duties of an employee requires him/her to travel from his/her

headquarters and he/she is more than 16 kilometres (10 miles) therefrom at his/her normal meal hour, that employee shall subject to this paragraph be paid, in the case of a meal purchased by the employee at any hotel, boarding house, or public eating place, a meal allowance at the following rates: Meal Rate of Allowance Breakfast $4.95 Lunch (or midday meal) $5.50 Dinner (or evening meal) $9.65

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(b) Where the duties of an employee requires him/her to travel from his/her headquarters and to remain away from his/her normal place of residence overnight, he/she shall be paid a travelling allowance in accordance with the following rates, viz:

Rates per Day (i) In this State $63.00 (ii) Outside this State $88.00

(c) These rates shall be adjusted from time to time in accordance with the General

Conditions of Service Award. 84. ANNUAL LEAVE (a) Period of Leave A period of 28 consecutive days leave shall be allowed annually to an employee

after 12 months continuous service (less the period of annual leave).

(b) Part-Time Employees

Part-time employees (excluding employees who attract the 20% loading) shall be entitled to annual leave based on the number of ordinary hours worked in the leave year. The leave entitlement shall be calculated as follows:



X

Full-Time Leave entitlement 1 =

(c) Annual Leave Exclusive of Public Holidays If any of the holidays prescribed by Clause 60 fall within an employee's period of

annual leave, and is observed on a day which would have been an ordinary working day, there shall be added to that leave one day for each holiday so occurring.

(d) Time of Taking Leave Annual leave shall be given and taken within a period not exceeding 6 months from

the date when the right to annual leave accrued and not less than 4 weeks' notice to the employee.

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(e) Payment in Lieu Prohibited Except as provided in subclause (g) hereof payment shall not be made or accepted

in lieu of annual leave. (f) Payment for Period of Leave Each employee before going on leave shall be paid the amount of wages he/she

would have received in respect of the ordinary time which he/she would have worked had he/she not been on leave during the relevant period. Payment shall be made not later than 12 noon on the last day of work prior to going on leave.

(g) Annual Leave Allowance During a period of annual leave employees shall be paid an allowance by way of

additional salary. calculated at the rate. of 17 1/2 per cent of their normal salary, plus where applicable, any higher duty allowance or all purpose payment payable.

(h) Proportionate Leave on Ending Service Employees who lawfully leave their employment or whose employment is

terminated by the employer through no fault of the employee shall be paid at their ordinary rate of wages at the rate of 3.333 hours for each completed week of continuous service in respect of which leave has not been granted.

(i) Calculation of Continuous Service For the purpose of this clause, service shall be deemed to be continuous


In calculating the period of 12 months continuous service any such absence as

aforesaid shall not, except to the extent of not more than 91 days in any 12 monthly period, be taken into account in calculating the period of 12 months continuous service.

(j) Employer Instigated Cancellation of Leave

(i) If as a consequence of an employer instigated cancellation of approved annual leave (whether agreed or otherwise by the employee, and irrespective of when such cancellation notification is given) an employee incurs a monetary loss directly associated with pre-established annual leave holiday arrangements, and such loss is deemed to be unrecoverable, the employee shall be entitled to recover such otherwise unrecoverable costs from the employer.

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PROVIDED THAT such claims must be verified by the production of receipts or other form of documentation indicating the prior expenditure incurred associated with pre-holiday arrangements. This information is to be accompanied by written notification, from the person or organisation with whom or which the payment was made, stating the amount which is not recoverable.








accompanied by receipts and any other form of documentation which would be appropriate to the circumstances of the claim.



PROVIDED THAT an employee may elect to take the balance of unused

leave and recredited days at a later date. 85. BREAKAGES Except in cases of proved carelessness, an employee shall not be required to pay for any breakages occurring in the ordinary course of his/her specified duties.

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86. CALL BACK Except where otherwise specifically provided an employee recalled to work overtime after leaving his/her employer's premises (whether notified before or after leaving such premises) shall be paid at the appropriate overtime rate applicable to his/her salary: (i) for the first recall a minimum payment of 4 hours work; and (ii) for each subsequent recall a minimum payment of 3 hours work. PROVIDED ALWAYS that time reasonably spent in getting to and from work shall be regarded as time worked. PROVIDED FURTHER that an employee who is recalled to work within two hours of his or her normal starting time shall be paid at overtime rates with a minimum payment of two hours at double time. 87. COMPASSIONATE LEAVE An employee shall on the death of a wife, husband, father, mother, child, stepchild, brother, sister, mother-in-law, father-in-law, stepmother, stepfather, grandfather, grandmother, be entitled upon application being made to, and approved by the employer, to leave up to and including the day of the funeral of such relative and such leave will be without deduction of pay not exceeding the number of ordinary hours worked by the employee in 3 ordinary days, provided that no payment shall be made in respect of an employee's rostered days off. Proof of such death, in the form of a death notice or other written evidence shall be furnished by the employee to the satisfaction of the employer, provided furthermore that this clause shall have no operation while the period of entitlement to leave under it coincides with any other period of entitlement to leave. For the purpose of this clause the words "wife" and "husband" shall not include a wife or husband from whom the employee is separated, but shall include a person who lives with the employee as a de facto wife or husband. 88. HOLIDAYS WITH PAY (a) All employees shall be allowed the following days as paid holidays: New Year's Day,

Australia Day, Hobart Regatta Day (south of Oatlands), Labour Day, Good Friday, Easter Monday, Anzac Day, Queen's Birthday, Show Day (as defined in Clause 7), the first Monday in November (where Hobart Regatta Day is not observed), Christmas Day and Boxing Day.

(b) Payment to an employee for work performed on holidays mentioned in subclause

(a) shall be at the rates prescribed elsewhere in this award.

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(c) An employee required to work on any of the holidays mentioned in subclause (a), where such holiday applies at his/her normal place of work, but because his/her duties require the employee to work at a place where the holiday does not apply, shall have the time in lieu of such holiday added to his/her annual leave entitlement.

89. HOURS OF DUTY The ordinary hours of duty shall be 40 hours per week to be worked in 5 days of 8 hours each (Monday to Friday inclusive) each continuously except for meal breaks between the hours of 8.00 a.m. and 7.00 p.m., exclusive of meal time. PROVIDED ALWAYS that the spread of hours or daily hours prescribed may be altered as to all or a section of the employees by mutual agreement between the employer and the employees and the representative of the appropriate union. PROVIDED ALWAYS that any proposal to amend the ordinary hours of work of any employee who was employed prior to 4 August 1988 may only be implemented after agreement is reached between the employer, the employee(_s) and the union(s) concerned. 90. INTERMITTENT EMPLOYEES (a) Intermittent employees engaged to work 20 or more hours per week shall be

entitled to the annual leave, holidays and sick leave as prescribed in Clauses 84, 88 and 104 provided that payment therefore shall be made at the rate normally paid to such employee for a similar period of time worked.

The wage rates payable per hour shall be one-fortieth of the relevant rate set out

above. (b) Intermittent employees engaged to work less than 20 hours per week shall be paid

per hour one-fortieth of the relevant rate set out, plus an additional 20 per cent such payment being in lieu of public holidays, annual leave and sick leave.

Intermittent employees working less than 20 hours per week who receive a 20%

loading, shall have their wages for working shifts, which attract a penalty payment, calculated by adding the 20% loading to their hourly rate. Shift penalties are to be calculated on the base hourly rate, i.e. excluding 20%, the resultant amount to be added to the earlier calculation. In the case of overtime penalty payments the above method of calculation shall not be used. Overtime payments shall be calculated by adding the overtime penalty to the normal hourly rate payable to a full-time employee employed in the same classification.

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(c) Intermittent employees shall be provided with a minimum of 2 hours work or, alternatively, paid for a minimum of 2 hours on each occasion they are required to attend for work. However, where work practices are such that it is inappropriate to apply the conditions stipulated by this provision, such conditions may be varied by mutual agreement between the employees, the relevant employee organisation and the employer.

91. LICENCE ALLOWANCE An employee directed by the employer to drive vehicles requiring a licence issued by the Transport Commission, shall upon presentation of his/her current licence to the employer, be reimbursed the cost of the driver's licence fee. 92. MATERNITY LEAVE The provisions of Clause 28 - Maternity Leave shall also apply to employees in this division. 93. MEAL ALLOWANCE Where an employee is called upon to work more than one and one half hours after the usual time for finishing work the sum of $5.35 shall be paid for a meal in addition to overtime rates. 94. MEAL AND REST PERIOD A minimum period of half an hour or maximum period of one hour for lunch shall be taken between the hours of 12 noon and 2.00 p.m. Employees shall be allowed a rest period between the start of duty and the midday meal break and a rest period between the resumption of duty after the midday meal break and the cessation of work for the day. Each rest period shall be of 10 minutes duration. PROVIDED ALWAYS that the length of the lunch break period may be varied by agreement between the employer and the employee. 95. MIXED FUNCTIONS An employee engaged for more than 2 hours in any day on duties carrying a higher rate than his/her ordinary classification shall be paid the higher rates for such day. If for 2 hours or less in any day he/she shall be paid the higher rate for the time so worked.

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96. OVERTIME (a) For all time worked in excess of and/or outside of the ordinary hours of work,

Monday to Friday inclusive, payment shall be made at the rate of time and a half for the first 2 hours and double time thereafter. For overtime worked on a Sunday payment of double time; and overtime performed on a public holiday to be paid at double time and a half.

(b) Overtime shall not be payable unless the period of time worked in excess of the

ordinary hours exceeds 15 minutes on any day. In computing overtime, each day's work shall stand alone.


starting overtime shall be allowed a meal break of 20 minutes which shall be paid for at ordinary rates. The employer and an employee may agree to any variation of this provision to meet the circumstances of the work in hand provided that no employee shall be required to work more than 5 hours without a break for a meal.

97. PAYMENT (a) Payment of wages shall be by direct bank deposit or some other method agreed by

the employer. Provided that any employee may nominate which bank or financial institution shall receive the payment of wages.

(b) Payment shall be at intervals of not more than 2 weeks and not later than Thursday

of the week of payment. (c) Employees shall be supplied at the time of receiving their pay with a statement in

writing showing the rate of pay to which they are entitled, the amount of ordinary pay, overtime, penalty rates and allowances and the amount of deductions for any purpose in respect of the amount paid.

(d) An employee kept waiting for payment of wages after the usual time for ceasing

work on pay day shall be paid at overtime rates for the additional time kept so waiting.

(e) Upon termination of employment, all monies due to an employee shall be paid to

the employee on the day of such termination or forwarded to the employee by post on the next working day.

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98. PREFERENCE TO UNIONISTS (a) Preference of employment shall be given to members of a Tasmanian Branch of the

Hospital Employees Federation of Australia and the Australian Nursing Federation, and if no such persons are available and competent, then to persons who give to the employer an undertaking in writing to become and remain members of one such union upon engagement.

(b) Where a person can satisfy the employer and the union that he/she has genuine

conscientious grounds for not joining a union, then that person shall be exempt from the requirement to join, on condition that he/she contributes each year, an amount equivalent to the annual union subscriptions to a charity nominated by the union, and that such contribution to charity shall be made within one month of engagement of that employee.


his/her complete objection to joining all unions, not a union or particular union. 99. REMOTE CALL (a) An employee who is rostered to remain on 'remote call' (that is on call for duty but

allowed to leave the precincts of the Red Cross Blood Bank) shall be paid the allowance prescribed in subclause 2 of Division C of Clause 8 for each hour he/she is required to be available, with a minimum payment of $8.30 per day for each day or shift when so rostered.

(b) Where an employee is recalled to duty he/she shall be paid in accordance with

subclause (a) of call back provisions at the appropriate overtime rate. (c) Employees shall be rostered on remote call for a minimum period of 7 consecutive

days, otherwise a rotating roster system averaging at least 7 days per employee per cycle shall be worked. Provided that by mutual agreement between the employer, the employees and the representative of the appropriate service organization, alternative arrangements may be made.

100. REST PERIOD AFTER OVERTIME When overtime work is necessary, it shall wherever reasonably practicable, be so arranged that employees have at least 10 consecutive hours off duty between the work of successive days. An employee (other than a casual employee) who works so much overtime between the termination of his ordinary work on one day and the commencement of his ordinary work on the next day, that he/she has not had at least 10 consecutive hours off duty between those times shall, subject to this clause, be released after completion of such overtime until he/she has had 10 consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

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If on the instructions of the employer such employee resumes or continues work without having had such 10 consecutive hours off duty, he/she shall be paid at double rates until he/she is released from duty for such period, and he/she shall then be entitled to be absent until he/she has 10 consecutive hours off duty without loss of pay for ordinary working time occurring during such absence. The provisions of this clause shall apply in the case of shift workers who rotate from one shift to another, as if 8 hours were substituted for 10 hours when overtime is worked: (i) for the purposes of changing shift rosters; or (ii) where a shift worker does not report for duty and a day worker or shift worker is

required to replace such shift worker; or (iii) where a shift is worked by arrangement between the employees themselves. 101. RIGHT OF ENTRY The Secretary for Labour may authorize an official of a union (to be named by him) and thereupon such official shall have the right, in accordance with the terms of such authorization, to enter any place where work is carried on under this award, subject to the following conditions: (a) The authorization shall be in writing and signed by the Secretary for Labour. (b) The authorization shall state the time at which the entry is authorized. Such time


interviewing the appointed representatives of the union in the place mentioned in the authorization, or with the consent of the employer or the employer's representative of interviewing any member of the union employed therein; or if authorized during a meal hour or at a non-working time of interviewing any employee at a place, who is willing to be interviewed.

(d) PROVIDED THAT:

(i) Except during any meal hour, or non-working time, not more than one such official shall be permitted to enter the place in question at any one time except by express consent of the employer or the employer's representative.


the employer or the employer's representative.

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(iii) If an employer alleges that an official is unduly interfering with the work of the job or is causing dissatisfaction among the employees thereon or is offensive in his/her manner or is committing a breach of any of the conditions set out in this clause such employer may refuse to allow the official to enter into or remain on the place but the official shall have the right to bring such refusal to the attention of the Secretary for Labour who may either cancel the authorization or refer the matter to the Tasmanian Industrial Commission.

102. SATURDAY, SUNDAY AND HOLIDAY WORK (a) For all time of duty on a Saturday payment shall be made at the rate of time and

one half for the first 2 hours and double time thereafter. Provided that all time of duty after 12 noon on a Saturday shall be paid at the rate of double time.

(b) For all time of duty on Sunday, payment shall be made at the rate of double time. (c) For all time of duty on any of the holidays mentioned in Clause 88, payment shall

be made at the rate of double time and one half. 103. SAVING Where an employee at the time of the making of this award is in receipt of a wage rate higher than that provided herein for the class of work in question he/she shall not be subject to a reduction thereto. 104. SICK LEAVE (a) An employee who is absent from work on account of personal illness or on account

of injury by accident shall be entitled to leave of absence without deduction of pay, subject to the following conditions and limitations:

(i) he/she shall not be entitled to such leave of absence for any period in respect

of which he/she is entitled to workers' compensation; (ii) he/she shall, within 48 hours of the commencement of such absence, inform

the employer of his inability to attend for work, and as far as may be practicable, state the nature of the illness or injury and the estimated duration of the absence;

(iii) he/she shall prove to the satisfaction of the employer (or in the event of a

dispute, the Tasmanian Industrial Commission) that he/she was unable on account of such illness or injury to attend for work on the day or days for which the sick leave is claimed;

(iv) he/she shall be entitled in any year to sick leave credit of 2 weeks of ordinary

working time.

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(b) Sick leave shall accumulate from year to year so that any balance of the period

specified in subclause (a) (iv) hereof clause which has in any year not been allowed to an employee by an employer as paid sick leave before prescribed shall be allowed by that employer in a subsequent year without diminution of the sick leave prescribed in respect of that year.

(c) Notwithstanding any other provisions of this clause, employees who contract a

notifiable infectious disease and/or who on examination reveal a changed mantoux reaction in the course of their duties, and same having been certified by a medical practitioner approved by the employer shall receive full pay during the period of duty up to but not exceeding 12 weeks, and during this time they shall be regarded as remaining in the employ of the employer.

105. TERMINATION OF SERVICE Employment shall be terminated by one fortnight's notice on either side or by the payment of, or forfeiture of one fortnight's pay, as the case may be, but this shall not affect the right of an employer to terminate the services of an employee for neglect of duty or misconduct without notice, in which case wages shall be paid up to the time of dismissal. 106. TIME AND WAGES RECORD Each employer shall keep a time record showing the name of each employee, the number of hours worked, when such hours are worked, the rates of pay, and the wages paid each week. 107. TOOLS OF TRADE Employers shall provide for the use of employees all necessary appliances for surgical and clerical duties including writing materials and pens. 108. TRANSPORT OF EMPLOYEES REQUIRED TO WORK OVERTIME (a) Where an employee is required to work overtime and normal transport is not

available he/she shall be provided by the employer with transport to his/her home. (b) An employee recalled to work overtime after leaving the employer's premises shall,

if necessary, be provided by the employer with transport to and from his/her place of work before commencing and after concluding such overtime.

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109. TRAVELLING ALLOWANCE Where employees are required to use their own vehicle in the course of employment they shall be paid a travelling allowance of 27.19 cents per kilometre for the actual road distance involved in travelling by the most direct route on each occasion of work so performed. These rates shall be adjusted to follow amendments made from time to time in similar rates in the General Conditions of Service Award. 110. UNIFORMS (a) Sufficient and serviceable uniforms shall be provided free of cost to all employees

required to wear uniforms, or, if the employees provide their own uniforms they shall be paid an allowance of $4.00 per week.

(b) Uniforms shall be laundered at the expense of the employer or an allowance of

$4.00 per week paid to the employee. (c) An employee who has been supplied with a uniform shall, on leaving the service of

the employer, return any uniform or part thereof which is still in use by him/her immediately prior to him/her leaving employment.

111. WORKING DURING MEAL BREAK An employee who is required to work during the prescribed meal break shall for all work performed during such period and thereafter until a meal break is allowed, be paid at the rate of time and a half of his/her normal salary rate.

CONDITIONS FOR EMPLOYEES IN DIVISION D - EMPLOYEES OF HOMES FOR HANDICAPPED PERSONS AND IN THE CASE OF ST GILES SOCIETY ALSO INCLUDES EMPLOYEES ENGAGED IN AUXILIARY SERVICES

AS PROVIDED 112. AGED AND INFIRM WORKERS Where an aged or infirm worker is unable to earn the minimum rates of wages prescribed by this award for the particular class of work which he/she has been offered, a lower rate may be fixed and paid under licence granted by the Secretary for Labour under Section 79 of the Industrial Relations Act 1984.

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(i) Day workers and shift workers - a period of 28 consecutive days' leave shall be allowed annually to an employee after each 12 months of employment on weekly hiring.

(ii) Shift workers, being employees whose ordinary weekly hours of work are

performed in accordance with a roster which regularly includes Saturday and Sundays, who are rostered to perform work on not less that 10 Saturdays and not less than 10 Sundays during any one leave year shall, in addition to the annual leave hereinbefore prescribed be allowed a further 7 consecutive days leave, including non-working days.

(b) Broken Leave Leave allowed under the provisions of this subclause shall be given and taken in

one consecutive period, or if the employer and the employee so agree, in two separate periods, the lesser of which shall be not less than 7 consecutive days. No entitlement shall be permitted to accrue beyond 12 months after the date of accrual.

(c) Annual Leave exclusive of Public Holidays If any of the holidays prescribed by Clause 135 - Holidays with Pay falls within an

employee's period of annual leave, and is observed on a day which in the case of that employee would have been an ordinary working day, there shall be added to that leave one day for each such holiday so occurring.

(d) Payment in Lieu Prohibited Except as provided in subclause (h) payment shall not be made or accepted in lieu

of annual leave. (e) Time of Taking Leave Annual leave shall be given at a time fixed by the employer within a period not

exceeding 6 months from the date when the right to annual leave accrued, and after not less than 2 weeks' notice to the employee.

(f) Payment for Period of Leave Each employee before going on leave shall be paid the amount of wages he/she

would have received in respect of the ordinary time which he/she would have worked had he/she not been on leave during the relevant period.

Payment shall be made not later than 12 noon on the last day of work prior to

going on leave.

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(g) Leave Allowed Before Due Date An employer may allow annual leave to an employee before the right thereto has

accrued due but where leave is taken in such a case a further period of annual leave shall not commence to accrue until after the expiration of the 12 months in respect of which annual leave had been taken before it accrued.

Where leave has been granted to an employee pursuant to this subclause before

the right thereto has accrued due and the employee subsequently leaves or is discharged from the service of the employer before completing the 12 months' continuous service in respect of which the leave was granted the employer may, for each complete month of the qualifying period of 12 months not served by the employee deduct from whatever remuneration is payable to the employee upon the termination of the employment, one-twelfth of the amount of wages paid on account of annual leave, which amount shall not include any sums paid for any of the holidays prescribed by Clause 127 - Holidays with Pay.

(h) Proportionate Leave on Termination of Service If after one completed month of service in any qualifying 12 monthly period an

employee lawfully leaves his employment, or his employment is terminated by the employer through no fault of the employee the employee shall be paid at his ordinary rate of wage as follows: 12 2/3 hours for each completed month of continuous service. This service shall be in respect of which leave has not been granted.

(i) Annual Leave Allowance During a period of annual leave an employee shall be paid an allowance by way of

additional salary calculated on the wages prescribed for the relevant classification in Clause 8, Division D - Employees of Homes for Handicapped Persons, subclause 1 - Wage Rates, as follows:

Day worker: an employee who during the period of such recreation leave would

have worked on day work only - an allowance calculated at the rate of 17 1/2% of his/her normal salary, plus where applicable, any higher duty allowance or all purpose payment payable to the employee concerned.

Shift worker: an employee who during the period of such recreation leave would

have worked on shift work only, an allowance calculated at the rate of 17 1/2% of his/her normal salary plus where applicable any higher duty allowance or all purpose payment (excluding shift allowance) payable to the employee concerned.

PROVIDED THAT where the employee would have received shift loadings in

accordance with Clause 142, had he/she not been on leave during the relevant period and such loading would have entitled him/her to a greater amount than 17 1/2%, then the shift loading as prescribed in the relevant clause shall be included in the payment of annual leave in lieu of the 17 1/2% loading.

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PROVIDED FURTHER that if the shift loading would have entitled the employee to

a lesser amount than the loading of 17 1/2% then such loading of 17 1/2% shall apply in the calculation of annual leave.

PROVIDED ALWAYS that such allowance shall:

(i) be calculated on the basis of a maximum period in any one leave year of 4 weeks' recreation leave in the case of a day worker;



The provisions of this clause shall not apply to an employer who allows his/her

employees term holidays each year and who pays such employees not less than two-thirds pay during the said term holidays.

114. BOARD AND LODGING (a) An employee who is provided by the employer with board and/or lodging shall,

subject to any subsequent basic wage adjustment, have deducted from his wages the following amounts in respect of such board and lodging:

Deduction Per Week $ (i) Where both board and lodging are provided 29.53 (ii) Where lodging but no board is provided 9.86 (iii) Where board but not lodging is provided 19.67 (iv) where a self contained flat is provided -

$10.71 per week in addition to the above rates.

The amount that may be deducted where meals only are provided shall be 44 cents

for each meal. The provisions of this subclause shall not apply when an employee does not avail

himself/herself of the above facilities during periods of annual leave and sick leave.

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(b) An employee for whom the employer does not make available board and lodging shall receive an allowance of $2.20 per week. This subclause shall not apply to an employee living out during leave.

115. CALCULATION OF SERVICE In calculating the number of years' service of an employee in order to ascertain the rate of wages to which such employee will be entitled the total experience in the capacity in question shall be taken into account. 116. CALL BACK (a) Other than Remote Call

(i) Except where otherwise specifically provided, an employee recalled to work overtime after leaving his/her employer's premises (whether notified before or after leaving such premises) shall be paid for a minimum of 4 hours at the rate of time and a half.

(ii) A second minimum for subsequent recalls occurring after midday on

weekends shall be paid where there has already been a call back prior to midday. This second payment shall also be paid on weekdays where there are calls prior to and after midnight.


(i) subject to paragraph (ii) hereof any such overtime in excess of 3 hours in the aggregate of hours actually worked on recall in any one day shall be paid at the appropriate overtime rate;

(ii) time reasonably spent in getting to and from work shall be regarded as time

worked. PROVIDED FURTHER that an employee who is recalled to work within two hours of his or her normal starting time shall be paid at overtime rates with a minimum payment of two hours at double time. (b) Remote Call

(i) An employee who is rostered to remain on 'remote call' (that is on call for duty and allowed to leave the employer's precincts) shall be paid $1.65 for each night from Monday to Friday, and $3.30 for each Saturday, Sunday or public holiday when so rostered.

(ii) Where a rostered employee is recalled to work he/she shall be paid in

accordance with subclause (a) hereof at the appropriate overtime rate.

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An employee recalled to work shall be entitled to receive in addition, payment for that day or night, under paragraph (i) of this subclause.

117. CASUAL EMPLOYEES A casual employee (as defined) for working ordinary time shall be paid per hour one-thirty-eighth of the weekly rates prescribed for the work which he/she performs. In addition thereto a casual employee shall receive 20% of the ordinary hourly rate in respect of each hour for which he/she is paid; such additional amount to be payment in lieu of annual leave, sick leave and public holidays. 118. COMPASSIONATE LEAVE An employee shall on the death of a wife, husband, father, mother, child, stepchild, brother, sister, mother-in-law, father-in-law, stepmother, stepfather, grandfather, grandmother, be entitled upon application being made to, and approved by the employer, to leave up to and including the day of the funeral of such relative and such leave will be without deduction of pay not exceeding the number of ordinary hours worked by the employee in 3 ordinary days, provided that no payment shall be made in respect of an employee's rostered days off. Proof of such death, in the form of a death notice or other written evidence, shall be furnished by the employee to the satisfaction of the employer, provided furthermore that this clause shall have no operation while the period of entitlement to leave under it coincides with any other period of entitlement to leave. For the purpose of this clause the words 'wife' and 'husband' shall not include a wife or husband from whom the employee is separated, but shall include a person who lives with the employee as a de facto wife or husband. 119. CONTRACT OF EMPLOYMENT (a) Except as hereinafter provided, employment shall be by the fortnight. Any

employee not specifically engaged as an intermittent or casual employee shall be deemed to be employed by the fortnight.

(b) An employee (other than an intermittent or casual employee) willing to work, who

works for less than a full working fortnight, shall be entitled to a full fortnight's wages.

(c) Employment shall be terminated by 2 weeks' notice given by either side or by the


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(d) Employees other than those engaged on a part-time, intermittent or casual basis, shall, notwithstanding anything contained in Section 49 of the Industrial Relations Act 1984, be paid the weekly wage prescribed for a week of 38 hours for each week that he/she is ready, willing and available for work during the hours prescribed herein, and in addition thereto, such overtime or other penalty rates, if any, that may have occurred during the relevant period.

120. DAY OFF Every employee shall be allowed 2 clear days off duty each week. This shall not, however, apply in the case of R.D.O.'s prescribed by Clause 128 - Hours. The provisions of this clause may be varied by mutual agreement. 121. DEDUCTION OF UNION CONTRIBUTIONS The employer, on receipt of an authority from the employee shall deduct Union subscriptions quarterly in advance from the wages of that employee and forward the amount deducted to the office of the appropriate registered employee organization. 122. DISPUTES AND GRIEVANCE PROCEDURE Subject to the provisions of the Tasmanian Industrial Relations Act 1984, any dispute or claim arising out of or relating to this Division shall be dealt with in the following manner: (a) The matter shall first be discussed between the employee and his/her supervisor, in

the presence of a union representative, if requested by either party. (b) If not settled the matter shall be discussed between the employee, the employee's

delegate, the supervisor and the management's nominated representative. (c) If not settled the matter shall be referred to the Branch Secretary of the employee's

union for discussion between the appropriate union representatives and management representatives.

(d) If the matter is not settled it may be submitted to the Tasmanian Industrial

Commission for determination. (e) While the above procedure is followed, industrial action will be avoided, and the

'status quo' in existence prior to the dispute shall remain unchanged.

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123. DRESSING ROOMS, ETC. Dressing rooms, luncheon rooms, and conveniences shall be provided for all non-resident employees. Proper, suitable, comfortable and healthy accommodation shall be provided for all resident employees. 124. EXCESS FARES (a) Employees required to attend for work at a place other than their regular place of

employment shall be paid such additional fares as they may incur. (b) An employee required to report for work or cease work at a time when public

transport is not available shall be provided with suitable transport by the employer to enable him/her to proceed to work or return home from work.

125. FOUL OR NAUSEOUS LINEN Employees of the laundry staff who are required to handle unusually foul or nauseous linen as defined by an officer or employee nominated by the employer shall be paid an amount of $3.30 per week extra. 126. HIGHER DUTIES ALLOWANCE An employee, other than a student nurse, who, for a period of 5 or more days continuously performs the duties of a position higher than that in which he/she is normally employed and satisfactorily performs the duties and assumes the full responsibilities of such higher position, shall be paid, for the full period he/she is performing such duties, the minimum rates prescribed for such higher position. 127. HOLIDAYS WITH PAY (a) All employees, other than shift workers, casual employees and part-time employees

engaged to work less than 20 hours per week shall be entitled to the following holidays without deduction from their weekly wages - Christmas Day, Boxing Day, New Year's Day, Australia Day, Cup Day (half day), Hobart Regatta Day (south of Oatlands), Eight-Hour Day, Good Friday, Easter Monday, Anzac Day, Queen's Birthday, Show Day (as defined in Clause 7) and the first Monday in November in those districts where Hobart Regatta Day is not observed, or such other day as may be observed in the locality in lieu of any of the abovementioned holidays.

(b) Payment for the holidays mentioned in subclause (a). which are taken and not

worked, shall be at the normal rate of pay which would have applied to the employee concerned, when, if it were not for such holiday, he/she had been at work.

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(c) Where an employee who is entitled to holidays in accordance with subclause (a) hereof is required to work on any of the holidays mentioned in that subclause, either for part or the whole of such day, he/she shall be allowed in addition to his/her ordinary pay one additional day in his/her credit for annual leave entitlements. The provisions of this subclause may be varied by mutual agreement (in writing) between the employer and employee on the terms that payment at the rate of double time is made in lieu of additional annual leave credits.

(d) For the purposes of determining payment for Cup Day (half day) referred to in

subclause (a) this holiday shall be taken as half of the hours normally worked on that day.

(e) Shiftworkers Notwithstanding anything else contained in this clause, a shiftworker (other than a

casual) rostered for duty on any of the holidays specified in subclause (a) hereof, where the major portion of the work performed (other than as overtime) falls on the holiday, shall be paid the appropriate penalty rate for the whole of the shift.

128. HOURS 1. Subject to subclause 2 - Implementation of 38 Hour Week, and subclause 3 -

Procedures for In-House Discussions hereof, and Clause 142 - Shift Work and Shift Allowances, the ordinary hours of work shall be an average of 38 per week.

A. Day Workers Subject to subclause 2 - Implementation of 38 Hour Week, and subclause 3 -

Procedures for In-House Discussions hereof, the maximum number of ordinary hours per week in the case of a day worker, in respect of which the rates of wages fixed by this award shall be paid shall be 38 per week to be worked on one of the following bases:

(i) 38 hours within a work cycle not exceeding 7 consecutive days; or (ii) 76 hours within a work cycle not exceeding 14 consecutive days; or (iii) 114 hours within a work cycle not exceeding 21 consecutive days; or (iv) 152 hours within a work cycle not exceeding 28 consecutive days; or (v) 152 hours within a work cycle exceeding 28 consecutive days where the

method of banking accrued days off is implemented.

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PROVIDED ALWAYS that subject to mutual agreement between the employer, the employees and the branch secretary of the union/s concerned, day shift employees other than registered nursing staff, shall be allowed to extend their paid 20 minutes crib time by not more than 40 minutes each day, which excess shall be exclusive of time worked and shall be unpaid.

B. Shift Workers Subject to subclause 2 - Implementation of 38 Hour Week and subclause 3 -

Procedures for In-House Discussions hereof, the ordinary hours of shift workers shall not exceed:

(i) 8 in any one day; nor (ii) 48 in any one week; nor (iii) 88 in any fourteen consecutive days; nor (iv) 114 in any twenty-one consecutive days; nor (v) 152 in any twenty-eight consecutive days.

Subject to the following conditions, shift workers shall work at such times as

the employer may require: (i) a shift shall consist of not more than 8 hours inclusive of crib time; (ii) except at the regular changeover of shifts an employee shall not be

required to work more than one shift in each 24 hours; (iii) 20 minutes (30 minutes in the case of registered nursing staff) shall be

allowed to shift workers each shift for crib which shall be counted as time worked.

PROVIDED THAT the employer may require registered nursing staff

employees to extend their paid 30 minutes crib time by not more than 30 minutes each day for the purpose of extending time of the shift to cover the handover period between the outgoing and the incoming shift or the report time for the incoming shifts. The excess crib time shall be exclusive of time worked and shall be unpaid and shall be kept to the minimum period required for the purpose of the handover or report.

2. IMPLEMENTATION OF 38 HOUR WEEK

(a) As provided in subclause 1 hereof the ordinary hours of work per week shall be an average of 38 per week.

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(b) Except as provided for in paragraphs (e) and (f) hereof the method of implementation of the 38 hour week may be one of the following:

(i) by employees working less than 8 ordinary hours each day; or (ii) by employees working less than 8 ordinary hours on one or more days

each week; or (iii) by fixing one day in which all employees will be off during a particular

work cycle; or (iv) by rostering employees off on various days of the week during a

particular work cycle so that each employee has one day off during that cycle; or

(v) by accruing an entitlement to rostered days off to a maximum of 6 days

and thereby averaging 38 hours over a period not exceeding 12 months.

(c) In each establishment, an assessment should be made as to which method of implementation best suits the establishment and the proposal shall be discussed with the employees concerned, the objective being to reach agreement on the method of implementation. Subsequently such method of implementation may be varied by mutual agreement.

(d) In the absence of agreement, the procedure for resolving grievances shall be

applied in accordance with Clause 122 - Disputes and Grievance Procedure. This procedure shall be applied without delay.

(e) Circumstances may arise where different methods of implementation of a 38

hour week apply to various groups or sections of employees in the establishment concerned.

(f) Notice of Days Off

(i) Except as provided in paragraph (g) hereof, in cases where by virtue of the arrangement of the employee's working hours, an employee, in accordance with subparagraphs (b)(iii), (iv) and (v) hereof, is entitled to a day or days off during the employee's work cycle, then such days off may be taken as mutually agreed between the employee and the employer.

(ii) Where a system of working is adopted to allow one rostered day off in

each full week cycle or the banking of rostered days off, an employee shall not be entitled to more than 12 such rostered days off in any 12 month period.

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(g) Substitute Days The day or days scheduled to be the day or days off in accordance with

subparagraphs (b)(iii), (iv) and (v) hereof may be worked as an ordinary working day or days without penalty when substituted by another day or days by agreement between the employer and the employee concerned, or where a number of employees are concerned by agreement between the employer and the majority of the employees.

3. PROCEDURES FOR IN-HOUSE DISCUSSIONS

(a) Procedures shall be established for in-house discussions, the objective being to agree on the method of implementing a 38 hour week in accordance with subclause 1 hereof, and entailing an objective review of current work practices to establish where improvements can be made and implemented.

(b) The procedures should make suggestions as to the recording of

understandings reached and the methods of communicating agreements and understanding to all employees.

(c) The procedures should allow for the monitoring of agreements and

understandings reached in such establishments. (d) In cases where agreement cannot be reached in the first instance or where

problems arise after initial agreements or understandings have been achieved in the establishment, a formal monitoring procedure shall apply. The basic steps in this procedure shall be in accordance with Clause 122 - Disputes and Grievance Procedure.

(e) There shall be ongoing regular reviews of work practices to establish where

improvements can be made and implemented. 4. MEAL BREAK The hours of work prescribed by this clause shall, excepting for a meal break of not

less than 30 minutes and not more than 60 minutes, be continuous on each day. 129. LIFTING OF PATIENTS No employee shall be required or permitted to lift or carry by hand any patient who is unable to provide reasonable assistance and weighs over 25 kg without the assistance of another person. PROVIDED THAT where any patient, who is unable to provide reasonable assistance, weighs over 76 kg, no employee who is of the opinion that additional assistance is necessary shall be required or permitted to lift or carry by hand such patient without the assistance of 2 other persons.

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The expression 'lift' shall include the following: (a) raising a patient in bed; (b) raising or moving a patient who has fallen; (c) removing a patient from a bed to a chair, wheelchair, commode, trolley, bath or


conveyance or receptacle to a bed or other place. 138. MATERNITY LEAVE (a) Eligibility for Maternity Leave An employee who becomes pregnant, shall upon production to her employer of a

certificate from a duly qualified medical practitioner stating the presumed date of her confinement, be entitled to maternity leave provided that she has had not less than 12 months' continuous service with that employer immediately preceding the date upon which she proceeds upon such leave.

For the purposes of this clause:

(i) an employee shall include a part-time employee but shall not include an employee engaged upon casual or seasonal work;

(ii) maternity leave shall mean unpaid maternity leave.

(b) Period of Leave and Commencement of Leave

(i) Subject to subclauses (c) and (f) of this clause, the period of maternity leave shall be for an unbroken period of from 6 to 52 weeks and shall include a period of 6 weeks compulsory leave to be taken immediately following confinement.

(ii) An employee shall, not less than 10 weeks prior to the presumed date of

confinement, give notice in writing to her employer stating the presumed date of confinement.

(iii) An employee shall give not less than 4 weeks' notice in writing to her

employer of the date upon which she proposes to commence maternity leave stating the period of leave to be taken.

(iv) An employer by not less than 14 days' notice in writing to the employee may

require her to commence maternity leave at any time within 6 weeks immediately prior to her presumed date of confinement.

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(v) An employee shall not be in breach of this clause as a consequence of failure to give the stipulated period of notice in accordance with paragraph (iii) above, if such failure is occasioned by the confinement occurring earlier than the presumed date.

(c) Transfer to a Safe Job Where in the opinion of a duly qualified medical practitioner, illness or risks arising

out of the pregnancy or hazards connected with the work assigned to the employee make it inadvisable for the employee to continue at her present work, the employee shall, if the employer deems it practicable, be transferred to a safe job at the rate and on the conditions attaching to that job until the commencement of maternity leave.

If the transfer to a safe job is not practicable, the employee may, or the employer

may require the employee to, take leave for such period as is certified necessary by a duly qualified medical practitioner. Such leave shall be treated as maternity leave for the purposes of subclauses (g), (h), (i) and (j) of this clause.

(d) Variation of Period of Maternity Leave

(i) Provided the addition does not extend the maternity leave beyond 52 weeks, the period may be lengthened once only, save with the agreement of the employer, by the employee giving not less than 14 days' notice in writing stating the period by which the leave is to be lengthened.

(ii) The period of leave may, with the consent of the employer, be shortened by

the employee giving not less than 14 days' notice in writing stating the period by which the leave is to be shortened.

(e) Cancellation of Maternity Leave

(i) Maternity leave, applied for but not commenced, shall be cancelled when the pregnancy of an employee terminates other than by the birth of a living child.

(ii) Where the pregnancy of an employee then on maternity leave terminates

other than by the birth of a living child, it shall be the right of the employee to resume work at a time nominated by the employer which shall not exceed 4 weeks from the date of notice in writing by the employee to the employer that she desires to resume work.

(f) Special Maternity Leave and Sick Leave

(i) Where the pregnancy of an employee not then on maternity leave terminates after 28 weeks other than by the birth of a living child then

(a) she shall be entitled to such period of unpaid leave (to be known as

special maternity leave) as a duly qualified medical practitioner certifies as necessary before her return to work; or

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(b) for illness other than the normal consequences of confinement she shall

be entitled, either in lieu of or in addition to special maternity leave, to such paid sick leave as to which she is then entitled and which a duly qualified medical practitioner certifies as necessary before her return to work.

(ii) Where an employee not then on maternity leave suffers illness related to her

pregnancy, she may take such paid sick leave as to which she is then entitled and such further unpaid leave (to be known as special maternity leave) as a duly qualified medical practitioner certifies as necessary before her return to work, provided that the aggregate of paid sick leave, special maternity leave and maternity leave shall not exceed 52 weeks.

(iii) For the purposes of subclauses (g), (h) and (i) of this clause maternity leave

shall include special maternity leave. (iv) An employee returning to work after the completion of a period of leave taken

pursuant to this subclause shall be entitled to the position which she held immediately before proceeding on such leave or, in the case of an employee who was transferred to a safe job pursuant to subclause (c) of this clause to the position she held immediately before such transfer.

Where such position no longer exists but there are other positions available,

for which the employee is qualified and the duties of which she is capable of performing, she shall be entitled to a position as nearly comparable in status and salary or wage to that of her former position.

(g) Maternity Leave and Other Leave Entitlements Provided the aggregate of leave including leave taken pursuant to subclauses (c)

and (f) of this clause does not exceed 52 weeks.

(i) an employee may, in lieu of or in conjunction with maternity leave, take any annual leave or any part thereof to which she is then entitled.

(ii) paid sick leave or other paid authorised award absences (excluding annual

leave), shall not be available to an employee during her absence on maternity leave.

(h) Effect of Maternity Leave on Employment Notwithstanding any award or other provision to the contrary, absence on

maternity leave shall not break the continuity of service of an employee but shall not be taken into account in calculating the period of service for any purpose of an award.

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(i) Termination of Employment

(i) An employee on maternity leave may terminate her employment at any time during the period of leave by notice given in accordance with this award.

(ii) An employer shall not terminate the employment of an employee on the

ground of her pregnancy or of her absence on maternity leave, but otherwise the rights of an employer in relation to termination of employment are not hereby affected.

(j) Return to Work After Maternity Leave

(i) An employee shall confirm her intention of returning to her work by notice in writing to the employer given not less than 4 weeks prior to the expiration of her period of maternity leave.

(ii) An employee, upon expiration of the notice required by paragraph (i) above,

shall be entitled to the position which she held immediately before proceeding on maternity leave or, in the case of an employee who was transferred to a safe job pursuant to subclause (c) of this clause, to the position which she held immediately before such transfer. Where such position no longer exists but there are other positions available for which the employee is qualified and the duties of which she is capable of performing, she shall be entitled to a position as nearly comparable in status and salary or wage to that of her former position.

(k) Replacement Employees

(i) A replacement employee is an employee specifically engaged as a result of an employee proceeding on maternity leave.

(ii) Before an employer engages a replacement employee under this subclause,

the employer shall inform that person of the temporary nature of the employment and of the rights of the employee who is being replaced.

(iii) Before an employer engages a person to replace an employee temporarily

promoted or transferred in order to replace an employee exercising her rights under this clause, the employer shall inform that person of the temporary nature of the promotion or transfer and of the rights of the employee who is being replaced.

(iv) Provided that nothing in this subclause shall be construed as requiring an

employer to engage a replacement employee. (v) A replacement employee shall not be entitled to any of the rights conferred by

this clause except where her employment continues beyond the 12 months' qualifying period.

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131. OVERTIME (a) An employer may require any employee to work reasonable overtime at overtime

rates, and such employee shall work overtime in accordance with such requirement. No overtime shall be worked without the prior approval of the employer.

(b) For all time worked in excess of the ordinary hours of work, Monday to Saturday

inclusive, payment shall be made at the rate of time and a half for the first 2 hours, and double time thereafter. For overtime work on a Sunday payment of double time, and overtime performed on a public holiday (other than rostered shift work) to be paid at double time and a half.


starting overtime shall be allowed a meal break of 20 minutes, which shall be paid for at ordinary rates. An employer and an employee may agree to any variation of this provision to meet the circumstances of the work in hand, provided that no employee shall be required to work more than 5 hours without a break for a meal.

(d) An employee required to work overtime for more than 2 hours without being

notified on the previous day or earlier that he/she will be so required, shall either be supplied with a meal by the employer, or be paid $4.80 in lieu thereof.

(e) For work performed by a shift worker outside the ordinary hours of his/her shift,

double time shall be paid, but such payment shall not apply in those cases where arrangements have been made between the employees themselves or, in cases due to rotation of shifts, or, when the relieving employee does not attend for duty at the proper time. For all time of duty after finishing his/her ordinary shift, such unrelieved employee shall be paid time and a half for the first 8 hours and double time thereafter.

PROVIDED THAT in cases where the employer has been given at least 8 hours

notice that an employee rostered to relieve a shift worker will not attend to do so at the proper time, all time spent on duty by the unrelieved shift worker after completion of his/her normal shift, shall be paid at the rate of double time.

(f) In computing overtime, each day's work shall stand alone. (g) No organisation of employees shall in any way directly or indirectly be a party to or

be concerned in any ban, limitation, or restriction on the working of overtime as prescribed by this clause.

132. PART-TIME AND INTERMITTENT EMPLOYEES (a) Part-time and intermittent employees engaged to work 20 or more hours per week

shall be entitled to the annual leave as prescribed in Clause 113 - Annual Leave. They shall also be entitled to holidays and sick leave as referred to in Clauses 127 and 143 respectively. Payment therefor shall be made at the rate normally paid to such employees for a similar period of time worked.

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The wage rates payable per hour shall be one thirty-eighth of the relevant rate for

the employee's classification. (b) Part-time and intermittent employees engaged to work less than 20 hours per week

shall be paid per hour one thirty-eighth of the relevant rate of the employee's classification, plus an additional 20%, such payment being in lieu of public holidays, annual leave and sick leave.

133. PAYMENT OF WAGES 1. (a) Wages, including overtime, shall be paid at intervals of not more than two

weeks and not later than Thursday of the week of payment.

(b) Payment of wages shall be by direct bank deposit or some other method agreed by the employer. Provided that any employee may nominate which bank or financial institution shall receive the payment of wages.

(c) On pay day the employer shall state in writing to the employee full details of

payment of wages which shall at least include the following:

(i) the total amount; (ii) payment for overtime and other extraneous or penalty payments, in

such a manner than each amount or item is clearly identified; (iii) the amount deducted for taxation purposes; and (iv) any other deductions, in such a manner that each amount is clearly

identified.

(d) An employee kept waiting for his/her wages on a normal pay day for more than a quarter of an hour after the usual time of ceasing work shall be paid at overtime rates after that quarter of an hour. However such payment shall not be made where the employer cannot be held responsible for the delays in payment of wages caused by events outside his/her control.

2. (a) Employee Who Actually Works 38 Ordinary Hours Each Week

In the case of an employee whose ordinary hours of work are arranged in accordance with subparagraphs (b)(i) or (ii) of Clause 128 - Hours, subclause 2, Implementation of 38 Hour Week, so that the employee works 38 ordinary hours each week, wages shall be paid fortnightly according to the actual ordinary hours worked each fortnight.

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(b) Employee Who Works an Average of 38 Ordinary Hours Each Week Subject to paragraphs (c) and (d) hereof, in the case of an employee whose

ordinary hours of work are arranged in accordance with subparagraphs (b) (iii), (iv) and (v) of Clause 128 - Hours, subclause 2, Implementation of 38 Hour Week, so that the employee works an average of 38 ordinary hours each week during a particular work cycle, wages shall be paid fortnightly according to a weekly average of ordinary hours worked even though more or less than 38 ordinary hours may be worked in any particular week of the work cycle.

(c) Absences from Duty

(i) An employee whose ordinary hours are arranged in accordance with

subparagraphs (b)(iii), (iv) and (v) of Clause 128 - Hours, subclause 2, Implementation of 38 Hour Week, and who is paid wages in accordance with subclause (b) hereof and is absent from duty (other than on annual leave, public holidays, paid sick leave, compassionate leave and workers compensation leave) shall, for each day he/she is so absent, lose average pay for that day calculated by dividing his/her average weekly wage rate by 5. An employee who is so absent from duty for part of a day shall lose average pay for each hour or part thereof he/she is absent at an hourly rate calculated by dividing his/her average pay rate by 8.

(ii) PROVIDED FURTHER, when such an employee is absent from duty for

a whole day without pay he/she will not accrue a 'credit' because he/she would not have worked ordinary hours that day in excess of 7 hours 36 minutes for which he/she would otherwise have been paid. Consequently, during the week of the work cycle he/she is to work less than 38 ordinary hours he/she will not be entitled to average pay for that week. In that week, the average pay will be reduced by the amount of the 'credit' he/she does not accrue for each whole day during the work cycle he/she is absent.

The amount by which an employee's average weekly pay will be reduced

when he/she is absent from duty (other than on annual leave, public holidays, paid sick leave, compassionate leave, or workers compensation), is to be calculated as follows:

Total of credits not accrued during cycle x average weekly pay 38

Examples:

(An employee's ordinary hours are arranged so that he/she works 8 ordinary hours on five days of each week for 3 weeks, and 8 ordinary hours on four days of the fourth week).

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1. Employee takes one day off with authorisation in first week of cycle.

Week of Cycle Payment 1st week = average weekly pay less one day's pay (i.e. less 1/5th) 2nd and 3rd weeks = average weekly pay each week 4th week = average weekly pay less credit not accrued on day of absence = average weekly pay less 0.4 hours x average weekly pay 38

2. Employee takes each of the 4 days off without authorisation in the 4th week.

Week of Cycle Payment 1st, 2nd and 3rd weeks = average weekly pay each week 4th week = average weekly pay for the four days absent less total of credits not accrued that week = 1/5 average weekly pay less 4 x 0.4 hours x average weekly pay 38 = 1/5 average weekly pay less 1.6 hours x average weekly pay 38

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(d) Alternative Methods of Payment

(i) An employee who was working less than 40 hours per week prior to the introduction of the 38 hour working week, and who was paid by a different method from that provided for in paragraphs (b) and (c) hereof, such method may be continued.

(ii) PROVIDED FURTHER that, where the employer and the majority of

employees concerned agree on an alternative method of paying wages to that provided for in paragraphs (b) and (c) hereof, such method may be introduced.

(e) Where the services of an employee are dispensed with, his/her wages shall be

paid on the day of dismissal or forwarded by post on the day following, provided that in the case of an employee whose ordinary hours are arranged in accordance with subparagraphs (b) (iii), (iv) and (v) of Clause 128 - Hours, subclause 2, Implementation of 38 Hour Week, and is paid average pay and who has not taken the day or days off due to him/her during the work cycle in which his employment is terminated, the wages due to the employee shall include the total of credits accrued during the work cycle, provided further that where the employee has taken a day or days off during the work cycle in which his/her employment is terminated the wages due to that employee shall be reduced by the total of credits which have not accrued during the cycle.

(f) Wages shall be paid fortnightly in accordance with subclause 1 hereof.

134. PREFERENCE TO UNIONISTS Preference of employment shall be given to financial members of the Tasmanian Branch of the appropriate union, and if no such persons are available and competent, then to persons who give to the employer an undertaking in writing to become and remain financial members of the appropriate union upon engagement. PROVIDED ALWAYS that where a person can satisfy the Secretary for Labour that he/she has conscientious grounds for not joining a union, then that person shall be exempt from the requirement to join on condition that he/she contribute an amount equivalent to the annual union subscription to a charity nominated by the objector and approved by the Secretary for Labour. 135. PROBATION All other things being equal, all employees who have completed 3 months' service shall have preference over casual employees in a claim to any position.

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136. PROMOTION Promotion shall be by merit, provided that no employee with a claim to seniority shall be passed over without having his/her claim investigated or adjusted. 137. PROTECTIVE CLOTHING (a) The employer shall provide, where necessary, suitable protective clothing for the

employees. An employee who is pursuant to this subclause, supplied with protective clothing, shall wear such clothing in such away as to achieve the purpose for which it is supplied.

(b) Compensation to the extent of the damage sustained shall be made where, in the

course of the work, an employee's clothing is damaged or destroyed by fire or the use of corrosive substances.

138. RIGHT OF ENTRY The Secretary for Labour may authorise an official of a union (to be named by him), and thereupon such official shall have the right, in accordance with the terms of such authorisation, to enter any place where work is carried on under this award, subject to the following conditions: (a) The authorisation shall be in writing and signed by the Secretary for Labour. (b) The authorisation shall state the time at which the entry is authorised. Such time

may be any reasonable time. (c) The purpose of the entry if authorised during working hours shall be confined to

interviewing the appointed representatives of the union in the place mentioned in the authorisation, or with the consent of the employer or his representative of interviewing any member of the union employed therein; or if authorised during a meal hour or at a non-working time of interviewing any employee at a place, who is willing to be interviewed.

(d) PROVIDED THAT:

(i) Except during any meal hour, or non-working time, not more than one such official shall be permitted to enter the place in question at one time except by express consent of the employer or his representative

(ii) Before entering any such place the official shall produce the authorisation to

the employer or his representative.

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(iii) If an employer alleges that an official is unduly interfering with the work of the job or is causing dissatisfaction among the employees thereon or is offensive in his/her manner or is committing a breach of any of the conditions set out in this clause, such employer may refuse to allow the official to enter into or remain on the place but the official shall have the right to bring such refusal to the attention of the Secretary for Labour who may cancel the authorisation.

139. ROSTER A weekly roster shall be kept posted 14 days prior to the commencement of same. It shall set out employees' weekly and daily working hours, time of commencing duty, time off duty and time of ending duty, and it shall only be altered on account of sickness or other pressing emergency. The roster shall be kept affixed in some conspicuous part of the premises in which persons subject to this award are employed where it may be readily seen by such employees and their accredited representative. 140. SAFETY APPLIANCES The employer shall maintain at his/her own expense full and sufficient supplies of safety appliances, such as rubber gloves, disinfectants, etc. for the use of employees. 141. SAVINGS Nothing herein contained shall be taken to reduce the wage rate of any employee who is in receipt of a higher wage rate at the date of this award. 142. SHIFT WORK AND SHIFT ALLOWANCE (a) Definitions For the purposes of this clause: 'Afternoon shift' means a shift terminating after 6.00p.m. and at or before

midnight. 'Night shift' means a shift terminating after midnight and at or before 8.00a.m. 'Shift worker' includes an employee whose ordinary weekly hours of work are


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(b) An employee except a matron, deputy matron, assistant matron or relieving matron, regularly rostered for duty on afternoon or night shifts shall for such shifts be paid 15% more than the ordinary wage rate.

(c) Afternoon and Night Shift Allowances Subject to existing customs and practices:



continue for at least 5 successive afternoons or nights shall be paid for each shift 50% more than his/her ordinary rate for the remaining hours thereof.

(iii) An officer who:


shift or with day work so as to give such employee at least one-third of his/her working time off night shift in each shift cycle;


ordinary rate for all time worked during ordinary working hours on such night shift.

(d) Rosters There shall be a roster for shifts which shall:

(i) provide for rotation unless all the employees concerned desire otherwise; (ii) provide for not more than 8 shifts to be worked in any 9 consecutive days;

and (iii) not be changed until after 4 weeks' notice. Provided that an employee's place

on such roster shall not be changed, except on one week's notice of such change or, payment of the penalty rates more particularly set forth in Clause 131 - Overtime. So far as employees present themselves for work in accordance therewith, shifts shall be worked according to the roster.

All rosters shall provide for 2 days off each week.

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(e) Saturday Shifts An employee regularly rostered for duty on Fridays, Saturdays and Sundays, where

the major portion of work performed, (other than as overtime) is between midnight Friday and midnight Saturday, shall be paid at the rate of time and one half of the ordinary rate of the employee's normal rate of wages, but such payment shall be in substitution for and not cumulative upon the shift allowance more particularly set forth in subclause (b) hereof. The provisions of this subclause shall not prejudice any right of an employee to obtain alternatively any higher rate in respect of that work by virtue of any provision of this award.

(f) Sunday and Holiday Shifts Shift workers for work on a rostered shift, the major portion of which falls on a


(i) Sundays - at the rate of double time. (ii) Holidays as prescribed in Clause 127 - Holidays with Pay - at the rate of

double time. The above rates shall be in substitution for, and not cumulative upon the shift

allowances more particularly set forth in subclause (b) hereof. PROVIDED ALWAYS that -

(i) Where shifts commence between 11.00p.m. and midnight on a Sunday or a holiday the time so worked before midnight shall not entitle an employee employed on such a shift to the Sunday or holiday rate provided that the time worked by an employee on a shift commencing before midnight on a day preceding a Sunday or holiday and extending into such Sunday or holiday the time worked before midnight shall be regarded as time worked on such Sunday or holiday.



and is granted time off in lieu thereof the above penalty rate shall not apply. (g) Broken Shifts Subject to the proviso hereto broken shifts shall not be worked. Provided that in an

emergency situation a broken shift may be worked by mutual agreement between the employer and the branch secretary of the employee organisation. All work performed in excess of a spread of 9 1/2 hours shall be paid at the rate of double time.

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(h) Overtime

(i) For work performed by a shift worker outside the ordinary hours of his shift, double time shall be paid, but such payment shall not apply to those cases where arrangements have been made between the employees themselves, or in cases due to rotation of shifts.

PROVIDED ALWAYS that in cases where the employer has been given less

than 4 hours notice that an employee rostered to relieve an afternoon or night shift worker, will not attend to do so at the proper time, such unrelieved shift worker shall be paid, for the extra time worked, at the rate of time and one half until the 4 hours have elapsed from the time notice was first given to the employer.

For all time worked beyond the 4 hour spread referred to herein the

unrelieved shift worker shall be paid at the rate of double time. In all other cases the unrelieved shift worker shall be paid at the rate of

double time until relieved. (ii) Rest Period After Overtime An employee (other than a casual employee) who works so much overtime

between the termination of his/her ordinary work on one day and the commencement of his/her ordinary work on the next day that he/she has not had at least 8 consecutive hours off duty between those times, shall, subject to this division, be released after completion of such overtime until he/she has had 8 consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

(iii) If on the instructions of his/her employer such an employee resumes or

continues work without having had such 8 consecutive hours off duty he/she shall be paid at double rates until he/she is released from duty for such period and shall then be entitled to be absent until he/she has 8 consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

(iv) When overtime work is necessary it shall, wherever reasonably practicable be


143. SICK LEAVE (a) An employee, other than one engaged as a casual or a part-time employee

engaged to work less than 20 hours per week, who is absent from work on account of personal illness or on account of injury by accident shall be entitled to leave of absence without deductions of pay, subject to the following conditions and limitations:

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(i) he/she shall not be entitled to such leave of absence for any period in respect

of which he/she is entitled to workers' compensation; (ii) he/she shall, within 24 hours of the commencement of such absence, inform

the employer of his/her inability to attend for work, and as far as may be practicable, state the nature of illness or injury and the estimated duration of the absence;

(iii) he/she shall prove to the satisfaction of the employer (or in the event of a

dispute, the Tasmanian Industrial Commission) that he/she was unable on account of such illness or injury to attend for work on the day or days for which the sick leave is claimed;

(iv) he/she shall not be entitled in any year (whether in the employment of one employer or of more) to sick leave credit in excess of 2 weeks of ordinary working time.

(v) For the purpose of administering paragraph (iv) of this subclause, an

employer may within one month of this award coming into operation or within 2 weeks of the employee entering his/her employment require an employee to make a sworn declaration or other written statement as to what paid leave of absence he/she has had from any employer during the then current year, and upon such statement the employer shall be entitled to rely and act.

(b) Sick leave shall accumulate from year to year so that any balance of the period

specified in subclause (a) (iv) hereof clause which has in any year not been allowed to an employee by an employer as paid sick leave shall be credited to the employee and, subject to the conditions herein before prescribed shall be allowed by that employer in a subsequent year without diminution of the sick leave prescribed in respect of that year.

(c) An employer shall not be required to make any payment in respect of accumulated

sick leave credits to an employee who is discharged or leaves his/her employment, or for any time an employee is absent from work without producing satisfactory evidence of personal illness.

PROVIDED THAT employees employed at the date of the commencement of this

award shall be entitled to sick leave accrued prior to that date. (d) Sickness on Day Off Where an employee is sick or injured on the week day he/she is to take off in

accordance with subparagraphs (b) (iii), (iv) and (v) of Clause 128 - Hours, subclause 2, Implementation of 38 Hour Week, the employee shall not be entitled to sick pay nor will the employee's sick pay entitlements be reduced as a result of the employee's sickness or injury on that day.

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144. SLEEPING IN ALLOWANCE Where an employee is required to sleep overnight on the premises such an employee shall be paid an allowance of $4.65 per night. PROVIDED THAT this allowance is not payable where the employer provides full weekly board and lodging. PROVIDED FURTHER that such time shall not count as time worked. 145. TIME AND WAGE RECORD Each employer shall keep a time book, clock, or sheet showing the name of each employee, the number of hours worked and also between what hours, the rates of pay, and the wages paid each week. 146. UNIFORMS Sufficient suitable and serviceable uniforms shall be provided free of cost to all employees who are required by the employer to wear uniforms. If such uniform is not provided free of cost to the employee, he/she shall be paid the sum of $1.80 per week in lieu of the uniform being so provided. An employee, on leaving the service of an employer, shall return any uniform or part thereof provided by that employer which is still in use by him immediately prior to leaving. 147. UNION STEWARDS An employee appointed as a job steward, upon notification by the union to the employer, shall be recognised as the accredited representative of the union to which he/she belongs and shall be allowed all necessary time during working hours to submit to the employer matters affecting the employees he/she represents and further shall be allowed reasonable time during working hours to attend to job matters affecting his union. R.J. Watling COMMISSIONER 3 April 1989

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