unitingcare health clerical/administration … clerical administration ea v3.5 16.12.2013 without...

UCH Clerical Administration EA v3.5 16.12.2013 without prejudice

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UnitingCare Health Clerical/Administration Enterprise

Agreement 2013 – 2015

1 Application and operation

1.1 Title

This Agreement shall be known as the UnitingCare Health Clerical/Administration Enterprise

Agreement 2013 – 2015 (‘The Agreement’).

1.2 Arrangement

1 Application and operation .............................................................................................................. 1

1.1 Title ......................................................................................................................................... 1

1.2 Arrangement ........................................................................................................................... 1

1.3 Parties bound .......................................................................................................................... 4

1.4 Date and period of operation ................................................................................................. 4

1.5 Scope of Agreement................................................................................................................ 4

1.6 Definitions ............................................................................................................................... 4

1.7 Posting of Agreement ............................................................................................................. 5

1.8 Purpose of Agreement ............................................................................................................ 5

2 Individual flexibility ......................................................................................................................... 6

3 Communication, consultation and dispute resolution ................................................................... 7

3.1 Consultation regarding major workplace change ................................................................... 7

3.2 Introduction of change ........................................................................................................... 7

3.3 Consultative Committees ........................................................................................................ 9

3.4 Union representation and industrial relations training ........................................................ 10

3.5 Workload management strategies ....................................................................................... 11

3.6 Dispute resolution ................................................................................................................. 11

4 Employer and employees’ duties, employment relationship and related arrangements ............ 12

4.1 Employment categories ........................................................................................................ 12

4.2 Full-time employee ............................................................................................................... 12


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4.3 Part-time employee .............................................................................................................. 12

4.1 Casual employee ................................................................................................................... 13

4.2 Trainee .................................................................................................................................. 14

4.3 Termination of employment ................................................................................................. 14

4.4 Redundancy .......................................................................................................................... 15

4.5 Incidental or peripheral tasks ............................................................................................... 19

5 Wages and wage related matters ................................................................................................. 19

5.1 Classification structure .......................................................................................................... 19

5.2 Wage increases ..................................................................................................................... 21

5.3 Payment of wages ................................................................................................................. 21

5.4 Extra payment for afternoon and night shift penalty ........................................................... 21

5.5 Extra payment for weekend work......................................................................................... 22

5.6 Meal allowances - overtime .................................................................................................. 22

5.7 Relieving at a higher classification ........................................................................................ 23

5.8 Uniforms and protective clothing ......................................................................................... 23

5.9 Salary packaging .................................................................................................................... 23

5.10 Superannuation..................................................................................................................... 24

5.11 Traveling, transport and fares ............................................................................................... 25

6 Hours of work and related matters .............................................................................................. 25

6.1 Ordinary hours of work ......................................................................................................... 25

6.2 Span of hours ........................................................................................................................ 26

6.3 Accrued days off (ADO) – accumulation and taking of ADOs ............................................... 26

6.4 Eight hour day and accrual of time off .................................................................................. 26

6.5 Rosters .................................................................................................................................. 27

6.6 Broken rostered periods of duty ........................................................................................... 27

6.7 Rest breaks between rostered work ..................................................................................... 27

6.8 Breaks .................................................................................................................................... 28


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6.9 On call and recall ................................................................................................................... 29

6.10 Recall to work (where not rostered to be on call) ................................................................ 30

6.11 Use of available working time ............................................................................................... 30

6.12 Overtime ............................................................................................................................... 30

6.13 Voluntary 12 hour shifts ....................................................................................................... 33

7 Leave and public holidays ............................................................................................................. 34

7.1 Annual leave .......................................................................................................................... 34

7.2 Personal / carer’s leave ......................................................................................................... 38

7.3 Compassionate leave ............................................................................................................ 39

7.4 Parental leave ....................................................................................................................... 40

7.5 Long service leave ................................................................................................................. 42

7.6 Public holidays ...................................................................................................................... 44

7.7 Community service (including Jury Duty) ............................................................................. 46

7.8 Ceremonial leave .............................................................................................................. 4647

8 Other matters ............................................................................................................................... 47

8.1 Training and professional development ............................................................................... 47

8.2 Immunisation / X-Ray ........................................................................................................ 4748

8.3 Workplace health and safety ................................................................................................ 48

Classification structure...................................................................................................................... 50

Level 1 ............................................................................................................................................... 50

Level 2 ............................................................................................................................................... 51

Level 3 ............................................................................................................................................... 53

Level 4 ............................................................................................................................................... 54

Level 5 ............................................................................................................................................... 57

Level 6 ............................................................................................................................................... 59


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1.3 Parties bound

This Agreement is legally binding upon the employees as prescribed by clause 1.5.2 and the

Uniting Church in Australia Property Trust (QLD) Trading as UnitingCare Health, and upon any

employee organisation who is covered by this Agreement pursuant to section 183 of the Act.

1.4 Date and period of operation

This Agreement shall operate from 7 days after the date this Agreement is approved by the

Fair Work Commission and shall remain in force until 31 December 2015 and thereafter in

accordance with the Fair Work Act 2009.

The parties agree that discussions shall commence for a new Agreement no later than 3

months prior to the expiry date of the Agreement.

This is a comprehensive agreement that operates to the exclusion of any awards or other

agreements. It is not the intention of UnitingCare Health as a result of the implementation of

the Agreement to reduce employee’s employment conditions, except where expressed in this

Agreement.

1.5 Scope of Agreement

1.5.1 This Agreement shall apply to clerical/administration employees for whom rates of pay are

prescribed in Appendix 1; as described in clause 1.5.2 and employed by UnitingCare Health, in

the State of Queensland.

1.5.2 Clerical/administration employees classified as:

o Clerk (ward, casualty, medical records, pay, finance, computer, etc.,)

o Clinical Coder

o General clerk/typist

o Medical stenographer

o Receptionist

o Secretary

This Agreement does not apply to Accountants employed by UnitingCare Health.

1.6 Definitions

1.6.1 Accrued Day Off or ADO means a day taken off during the work cycle due to the accrual of

hours over a 4-week period as part of the working of a 38 hour week.

1.6.2 Act means the Fair Work Act 2009 (Cth) as amended or replaced from time to time.


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1.6.3 Classification Level shall comprise a number of paypoints through which employees will be

eligible to progress.

1.6.4 Facility means a UCH hospital, UCH Linen Service or a UCH Group Office.

1.6.5 FWC means the Fair Work Commission.

1.6.6 Immediate family means a spouse, de facto partner, child, parent, grandparent, grandchild or

sibling of the employee; or a child, parent, grandparent, grandchild or sibling of a spouse or de

facto partner of the employee.

1.6.7 Increment means for all employees an increase in salary from one Paypoint to the next

Paypoint.

1.6.8 Junior means any person under the age of 19 years who is covered by this Agreement.

1.6.9 NES means the National Employment Standards.

1.6.10 Ordinary rate of pay means the rate of pay payable to the employee for their ordinary hours

of work, but not including incentive based payments and bonuses; loadings; monetary

allowances; overtime or penalty rates; and any other separately identifiable entitlement.

1.6.11 Paypoint means the specific rate of remuneration payable to employees within a Classification

Level.

1.6.12 Shiftworker is an employee who is regularly rostered to work their ordinary hours outside the

ordinary hours of a day worker as defined in clause 6.2.

1.6.13 UCH means UnitingCare Health.

1.6.14 Union means the Australian Municipal Administrative, Clerical and Services Union.

1.7 Posting of Agreement

A copy of this Agreement will be placed in a location where it can be easily read by all

employees, including a conspicuous and convenient place at each facility and on the UCH

intranet site.

1.8 Purpose of Agreement

The parties to this Agreement are committed to working cooperatively together to achieve:

- A period of stability and certainty during the life of the Agreement;

- A safe and productive working environment;


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- Flexible and fair systems of work which provide balance between assisting employees

meet personal responsibilities and support UCH to respond in an increasingly complex

environment;

- Early resolution of issues at the lowest possible level, given the circumstances, due to

effective communication, consultation and dispute settling processes; and

- A well trained and professional workforce, equipped to provide high levels of patient

care and/or customer service and supported to grow to their full potential.

2 Individual flexibility

2.1.1 UCH and an employee covered by this Agreement may agree to make an individual flexibility

arrangement to vary the effect of terms of the Agreement if:

i. The arrangement deals with:

a. When work is performed; or

b. Overtime rates, penalty rates, and allowances; and

ii. The arrangement meets the genuine needs of UCH and the employee in relation to one

or more of the matters mentioned in paragraph (i); and

iii. The arrangement is genuinely agreed to by UCH and the employee.

2.1.2 An employee may seek advice from their employee nominated representative prior to

entering into any flexibility arrangement.

2.1.3 UCH must ensure that the terms of the individual flexibility arrangement:

i. Are about permitted matters under the Act; and

ii. Are not unlawful terms under the Act; and

iii. Result in the employee being better off overall than the employee would be if no

arrangement was made.

2.1.4 UCH must ensure that the individual flexibility arrangement:

i. Is in writing; and

ii. Includes the name of the employer and employee; and

iii. Is signed by UCH and the employee and if the employee is under 18 years of age, signed

by a parent or guardian of the employee; and

iv. Includes details of:


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a. The terms of the Agreement that will be varied by the arrangement; and

b. How the arrangement will vary the effect of the terms; and

c. How the employee will be better off overall in relation to the terms and conditions

of his or her employment as a result of the arrangement; and

d. States the day on which the arrangement commences.

2.1.5 UCH must give the employee a copy of the individual flexibility arrangement within 14 days

after it is agreed to.

2.1.6 UCH or the employee may terminate the individual flexibility arrangement:

i. By giving no more than 28 days written notice to the other party to the arrangement; or

ii. If UCH and the employee agree in writing – at any time.

3 Communication, consultation and dispute resolution

3.1 Consultation regarding major workplace change

3.1.1 UCH and its employees will consult each other about issues that arise at the workplace.

3.1.2 The parties to this Agreement are committed to cooperating positively to increase efficiency,

productivity and competitiveness of the hospitals and to enhance the career opportunities

and job security of employees.

3.1.3 Full consultation will occur with the employees and their representative union, when it is

proposed to make changes to the organisation or changes to the manner in which work

covered by this agreement is performed.

3.1.4 UCH will commence the consultation as early as practicable.

3.2 Introduction of change

3.2.1 This provision applies if:

i. UCH has made a definite decision to introduce a major change to production, program,

organisation, structure, or technology in relation to its enterprise; and

ii. the change is likely to have a significant effect on employees of the workplace.

3.2.2 UCH’s duty to notify

i. Where UCH decides to introduce major workplace changes including in production,

program, organisation, structure or technology, that are likely to have significant effects


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on employees, UCH will notify the employees who may be affected by the proposed

changes and, where relevant, the employee nominated representative.

ii. ‘Significant effects’ includes termination of employment, major changes in composition,

operation or size of the UCH’s workforce or in the skills required; the elimination or

diminution of job opportunities or job tenure; the alteration of hours of work; the need

for retraining or transfer of employees to other work or locations and the restructuring

of jobs:

Provided that where the Agreement makes provision for alteration of any of the matters

referred to herein an alteration shall be deemed not to have significant effect.

3.2.3 UCH’s duty to consult over change

i. UCH will consult the employees affected and the employee nominated representative

about the introduction of the changes, the effects the changes are likely to have on

employees (including the number and categories of employees likely to be dismissed,

and the time when, or the period over which, UCH intends to carry out the dismissals),

and the ways to avoid or minimise the effects of the changes (e.g. by finding alternative

employment).

ii. The consultation must occur as soon as practicable after making the decision referred to

in clause 3.2.2.

iii. For the purpose of such consultation UCH will provide in writing to the employees

concerned and, where relevant, their representative all relevant information about the

changes including the nature of the changes proposed, the expected effects of the

changes on employees, measures UCH is taking to avert or mitigate the adverse effect of

the change on employees and any other matters likely to affect employees, provided

that UCH shall not be required to disclose confidential information, the disclosure of

which would be adverse to UCH’s interests.

iv. UCH will give prompt and genuine consideration to matters raised about the major

change by the employee/s concerned and/or their representatives.

v. Any change process to be addressed in accordance with this Agreement will be the

subject of consultation with relevant employees and the employee nominated

representative before implementation. This will require communication with all

employees concerned.

vi. Nothing in clause (v) shall operate so as to diminish the parties’ rights to access the

dispute resolution procedure outlined in 3.6.


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3.2.4 UCH’s duty to consider reasonable redeployment (where the role is no longer required)

i. UCH will endeavour to provide a suitable alternative position within the employee’s skill

and competence, either at the time the employee’s role is no longer required or after

reasonable retraining.

ii. UCH will also consult with the employee or their nominated representative and give

consideration to relocation and/or a lower position, where available.

3.3 Consultative Committees

3.3.1 State Consultative Committee

i. There shall be a State Consultative Committee (SCC) comprised of maximum of 4

representatives from UCH hospitals and 4 employee representatives to act as a resource

or guide for Local Consultative Forums (LCF).

ii. The SCC may discuss any matter within its terms of reference submitted to it by UCH,

employees or an LCF after local consideration has been exhausted.

iii. By agreement, the SCC may meet as a multi service group.

3.3.2 Local Consultative Forum

i. A multi function LCF has been established at each hospital. Each LCF will comprise of an

appropriate number of management representatives, employee representatives and

their union/s – ensuring appropriate representation. Actual numbers will be determined

considering the size of the workforce at each facility.

ii. The LCF shall seek to address all opportunities for problem solving local issues prior to

seeking the involvement of the SCC.

iii. The role of an LCF is:

- To have an integral role in the dissemination of information on Agreement matters

and their implementation;

- To oversee and evaluate the implementation of the Agreement matters pertaining

to the specific sites;

- To ensure staff are educated and informed in relation to this Agreement;

- To ensure fair, consultative and participative practices are implemented throughout

the life of the Agreement;

- To enhance skills, training and job satisfaction; and

- Encourage consultative mechanisms.


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iv. Each LCF shall meet quarterly or more often as required by either party.

v. Standing agenda items will include, but necessarily be limited to, matters arising from

the implementation of the Agreement.

vi. A key objective of the LCF is to achieve a more cooperative workplace culture.

vii. Each facility will provide resources and training as required to enable its LCF members to

carry out their responsibilities as set out in this Agreement.

viii. The LCF, acting in accordance with UCH’s values and objectives will consider a broad

agenda with a view to implementing specific measures which will provide more flexible

working arrangements, improve the quality of work and outcomes, professional

development opportunities, and the productivity, efficiency and job security of

employee during the life of the Agreement.

3.4 Union representation and industrial relations training

3.4.1 UCH recognises that employees have the right to become, or not become, members of an

industrial association (such as a union) and they also have a right to be represented by, or

not be represented by, an industrial association (i.e., the Australian Municipal

Administrative, Clerical and Services Union).

3.4.2 Union delegates and job representatives have a role to play within a workplace. The

existence of accredited union delegates is encouraged by UCH. The parties commit

themselves to encouraging the use of and access to Industrial Relations training provided by

the union to support them in this role.

3.4.3 UCH will support endorsed Union Delegates and/or job representatives in the reasonable

and responsible performance of their duties.

3.4.4 UCH will treat delegates fairly and allow them to perform their role as a Union Delegate

without any discrimination or adverse treatment in their employment. UCH recognises and

respects that endorsed Union Delegates speak on behalf of union members in the

workplace.

3.4.5 Upon application to UCH, staff involved in consultative forums or enterprise agreement

negotiations may be granted up to 5 working days leave (non-cumulative) on ordinary rate

of pay each calendar year to attend relevant courses and seminars.

3.4.6 The granting of such leave shall be subject to UCH being able to release the employee

concerned from duty without unduly affecting the normal operation of the facility.


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3.4.7 UCH shall not unreasonably withhold consent to any application for such leave.

3.4.8 An application for leave pursuant to this clause should, when possible, be made 4 weeks, or

one roster period, prior to the date of commencement of the course.

3.4.9 For the purposes of this clause, payment is at the ordinary rate of pay only in respect of the

days on which the employee (including shift and non-shift workers) would normally have

been paid.

3.4.10 Leave granted pursuant to this clause shall count as service for all purposes.

3.5 Workload management strategies

3.5.1 The parties agree that appropriate strategies should be implemented to maintain balanced

and safe workloads, identify and eliminate unnecessary tasks and recognise the adverse effect

that excessive or insufficient workloads may have on employees.

3.5.2 The parties agree that staff and management should have access to a number of avenues to

ensure that as changes are considered or new processes are adopted, consideration will be

given to achieving a balanced workload for all employees.

3.5.3 Staff and management are encouraged to use one of the following avenues for raising

workload issues:

- Report to immediate supervisor or manager;

- Raise issue at staff meetings;

- Complete the Workload Management Issue Form.

3.5.4 Unresolved, non urgent or ongoing issues will be addressed as per the Workload Management

Issue Resolution Procedure. Corrective / preventative actions response process will be

initiated for any non-compliance and all unresolved issues will be referred to the LCF and/or

Quality and Safety Committee.

3.5.5 Subject to clause 3.5.3 and 3.5.4, the LCF shall accept unresolved workload management

issues either verbally or in writing and will address those issues in so far as they impact upon

workloads.

3.5.6 The LCF shall immediately acknowledge receipt of the issue and inform the parties of the date

of the meeting. The LCF will address the issue and will endeavour to process the issues

expeditiously and provide feedback within 4 weeks of the LCF meeting.

3.6 Dispute resolution

3.6.1 In the event of a dispute about a matter under this Agreement, or a dispute in relation to the

NES, in the first instance the parties must attempt to resolve the matter at the workplace by

discussions between the employee or employees concerned and the relevant supervisor. If


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such discussions do not resolve the dispute, the parties will endeavour to resolve the dispute

in a timely manner by discussions between the employee or employees concerned and more

senior levels of management as appropriate.

3.6.2 If a dispute about a matter arising under this Agreement or a dispute in relation to the NES is

unable to be resolved at the workplace, and all appropriate steps under clause 3.6.1 have

been taken, a party to the dispute may refer the dispute to the FWC.

3.6.3 The parties may agree on the process to be utilised by the FWC including mediation,

conciliation and arbitration.

3.6.4 Where the matter in dispute remains unresolved, the FWC may exercise any method of

dispute resolution permitted by the Act that it considers appropriate to ensure the

settlement of the dispute.

3.6.5 UCH or the employee may appoint another person, organisation or association (such as a

union) to accompany and/or represent them for the purposes of this clause.

3.6.6 While the dispute resolution procedure is being conducted, work must continue in

accordance with this Agreement and the Act. Subject to applicable occupational health and

safety legislation, an employee must not unreasonably fail to comply with a direction by

UCH to perform work, whether at the same or another workplace that is safe and

appropriate for the employee to perform.

4 Employer and employees’ duties, employment relationship

and related arrangements

4.1 Employment categories

4.1.1 An employee may be engaged as a full-time, part-time or casual employee.

4.1.2 At the time of engagement, each employee will receive a written contract of employment

which specifies the employment category and classification Level.

4.1.3 In the instance of part-time employees, such confirmation shall include the minimum

number of guaranteed hours of work each fortnight within the limitations of clause 4.3.2.

4.2 Full-time employee

A full-time employee is one who is engaged to work 38 hours per week, or an average of 38

hours per week.

4.3 Part-time employee

4.3.1 A part-time employee is an employee who:

i. Is employed for less than 76 ordinary hours per fortnight;


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ii. Is rostered to work a minimum of 3 hours on each shift; and

iii. Receives, on a proportionate basis, equivalent pay and conditions to those of full-time

employees in the same classification.

4.3.2 The minimum engagement for part-time employees each fortnight is as follows:

i. Part-time employees will be engaged for a minimum of 30.4 hours per fortnight; except

ii. Where an employee requests and UCH agrees, a part-time employee may be employed

for less than the minimum hours specified in 4.3.2 (i) but not for less than 8 hours per

fortnight or 7.6 hours where working a single shift.

4.3.3 The agreed number of ordinary hours per fortnight may only be varied by mutual agreement.

Any agreed variation to the number of ordinary hours worked will be recorded in writing.

4.3.4 A part-time employee will not be directed to work additional ordinary hours in the absence of

employee consent.

4.3.5 A part-time employee will accrue annual leave and personal leave, according to the ordinary

hours worked each week which will include additional hours above the minimum guaranteed

hours as specified in clause 4.1.3, up to 76 hours each fortnight. These additional hours will

also count towards the employee’s next pay increment if the employee is not yet at the top

Paypoint for their classification.

4.3.6 The average part-time hours worked may be reviewed on an annual basis or as requested by

the employee. Minimum hours may be adjusted following review and consultation with the

employee to meet organisational requirements.

4.3.7 The capacity to operationally flex the workforce to meet the changing demands of patient

occupancy is an ongoing organisational requirement. UCH will endeavour to maintain a

permanent workforce at a level to effectively deliver quality care and/or meet the operational

demands of the facility.

4.1 Casual employee

4.1.1 A casual employee is engaged on an hourly basis to work up to and including 76 ordinary

hours per fortnight.

4.1.2 Hours of work may be increased or decreased on each engagement.

4.1.3 A casual employee will be paid per hour at the hourly rate for the appropriate classification. In

addition, a loading of 23% of that rate will be paid instead of the paid leave entitlements of

full-time employees.


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4.1.4 The casual rate shall not be compounded by penalties contained within this Agreement.

Penalties shall be calculated on the base rate of pay, excluding the casual loading, with the

casual loading component then added to the penalty rate of pay.

4.1.5 Provided that casual employees employed at 1 July 2012 who had their penalties

compounded by the casual loading shall continue to have their penalties calculated in that

manner.

4.1.6 Minimum engagement is for 2 hours for each engagement.

4.2 Trainee

Trainees are engaged as per Schedule E – National Training Wage, of the Health Professionals

and Support Services Award 2010 (i.e., Schedule E provides definitions, coverage, types of

Traineeship, minimum wages) and unless specifically varied by Schedule E, all other terms and

conditions of this Agreement apply to a trainee.

4.3 Termination of employment

4.3.1 Statement of employment

UCH shall, in the event of termination of employment, provide upon request to the employee

who has been terminated a written statement specifying the period of employment and the

classification or type of work performed by the employee.

4.3.2 Termination by UCH

i. UCH may dismiss an employee only if the employee has been given the following

written notice of the day of termination:

Period of Continuous Service Period of Notice

Not more than 3 years 2 weeks

More than 3 years but not more than 5 years 3 weeks

More than 5 years 4 weeks

ii. In addition to the notice in clause 4.6.2(i), employees 45 years old or over and who have

completed at least 2 years’ continuous service with UCH shall be entitled to an

additional weeks’ notice.

iii. Payment in lieu of notice shall be made if the appropriate notice is not given:

Provided that employment may be terminated by part of the period of notice specified

and part payment in lieu thereof.


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iv. In calculating any payment in lieu of notice the minimum compensation payable to an

employee will be at least the total of the amounts UCH would have been liable to pay

the employee if the employee’s employment had continued until the end of the

required notice period. The total must be worked out on the basis of:

a. the ordinary working hours to be worked by the employee; and

b. the amounts payable to the employee for the hours including for example

allowances, loadings and penalties; and

c. any other amounts payable under the employee’s employment contract.

v. The period of notice in this clause shall not apply in the case of dismissal for misconduct

or other grounds that justify instant dismissal, or in the case of a casual employee.

4.3.3 Notice of termination by employee

The notice of termination required to be given by an employee shall be 2 weeks. If an

employee fails to give the minimum notice, UCH shall have the right to withhold monies due

to the employee with a maximum amount equal to the ordinary time rate for the period of

notice.

4.3.4 Payment of all monies owing on termination

Payment of monies owing on termination will be paid into an electronic funds transfer

account, or equivalent, within 3 working days after the employment stops.

4.3.5 Time off during notice period

During the period of notice of termination given by UCH, an employee shall be allowed up to

one day’s time off without loss of pay for the purpose of seeking other employment. This

time off shall be taken at times that are convenient to the employee after consultation with

UCH.

4.4 Redundancy

4.4.1 Consultation before termination

i. Where UCH decides that it no longer wishes the job the employee has been doing to be

done by anyone, and this is not due to the ordinary and customary turnover of labour,

and that decision may lead to termination of employment, UCH shall consult the

employee directly affected and where relevant, their representative.

ii. The consultation shall take place as soon as it is practicable after UCH has made a

decision, which will invoke the provisions of clause 4.7.1(i) and shall cover the reasons

for the proposed terminations, measures to avoid or minimise the terminations and/or

their adverse effects on the employees concerned.


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iii. For the purpose of the consultation UCH shall, as soon as practicable, provide in writing

to the employees concerned and, where relevant, their representative, all relevant

information about the proposed terminations including the reasons for the proposed

terminations, the number and categories of employees likely to be affected, the number

of workers normally employed and the period over which the terminations are likely to

be carried out:

Provided that UCH shall not be required to disclose confidential information, the disclosure of

which would be adverse to UCH’s interests.

4.4.2 Transfer to lower paid duties

i. Where an employee is transferred to lower paid duties for reasons set out in clause

4.7.1 the employee shall be entitled to the same period of notice of transfer as the

employee would have been entitled to if the employee’s employment had been

terminated under clause 4.6.

ii. UCH may, at its option, make payment in lieu thereof of an amount equal to the

difference between the former amounts UCH would have been liable to pay and the

new lower amount UCH is liable to pay the employee for the number of weeks of notice

still owing.

iii. The amounts must be worked out on the basis of:

a. the ordinary working hours to be worked by the employee; and

b. the amounts payable to the employee for the hours including for example,

allowances, loadings and penalties; and

c. any other amounts payable under the employee’s employment contract.

4.4.3 Time off during notice period

i. Where a decision has been made to terminate an employee in the circumstances

outlined in clause 4.7.1(i), the employee shall be allowed up to one day’s time off

without loss of pay during each week of notice for the purpose of seeking other

employment.

ii. If the employee has been allowed paid leave for more than one day during the notice

period for the purpose of seeking other employment, the employee shall, at the request

of UCH, be required to produce proof of attendance at an interview or the employee

shall not receive payment for the time absent. For this purpose a statutory declaration

will be sufficient.

4.4.4 Severance pay

i. In addition to the period of notice prescribed for ordinary termination in clause 4.6.2(i),

and subject to further order of the FWC, an employee whose employment is terminated


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for reasons set out in clause 4.7.1(i), or because of the insolvency or bankruptcy of the

employer, shall be entitled to the following amounts of severance pay:

Period of Continuous Service Severance Pay

Less than 1 year nil

1 year but not more than 2 years 4 weeks’ pay

More than 2 years but not more than 3 years 6 weeks’ pay







More than 9 years 16 weeks’ pay

‘Weeks’ Pay’ means the ordinary rate of pay for the employee concerned.

Provided that the following amounts are excluded from the calculation of the ordinary time

rate of pay: overtime, penalty rates, disability allowances, shift allowances, special rates, fares

and travelling time allowances, bonuses and any other ancillary payments.

4.4.5 Employee leaving during notice

An employee whose employment is terminated for reasons set out in clause 4.7.1(i) or

because of the insolvency or bankruptcy of the employer, may terminate such employment

during the period of notice, and, if so, shall be entitled to the same benefits and payments

under this clause had such employee remained with UCH until the expiry of such notice:

Provided that in such circumstances the employee shall not be entitled to payment in lieu of

notice.

4.4.6 Alternative employment

UCH, in a particular case, may make application to the FWC to have the general severance pay

prescription amended if UCH obtains acceptable alternative employment for an employee.


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4.4.7 Employees with less than one year’s service

Clause 4.7 shall not apply to employees with less than one year’s continuous service and the

general obligation on UCH should be no more than to give relevant employees an indication of

the impending redundancy at the first reasonable opportunity, and to take such steps as may

be reasonable to facilitate the obtaining by the employees of suitable alternative

employment.

4.4.8 Employees exempted

Clause 4.7 shall not apply:

i. where employment is terminated as a consequence of misconduct on the part of the

employee; or

ii. to employees engaged for a specific period or task(s); or

iii. to casual employees.

4.4.9 Exemption where transmission of business

i. The provisions of clause 4.7.4 are not applicable where a business is before or after the

date of the insertion of this clause into the Agreement, transmitted from UCH

(transmittor) to another employer (transmittee), in any of the following circumstances:

a. where the employee accepts employment with the transmittee which recognises

the period of continuous service which the employee had with the transmittor, and

any prior transmittor, to be continuous service of the employee with the transmittee

for the purposes of redundancy entitlements; or

b. where the employee rejects an offer of employment with the transmittee:

A. in which the terms and conditions are substantially similar and no less

favourable, considered on an overall basis, than the terms and conditions

applicable to the employee at the time of ceasing employment with the

transmittor; and

B. which recognises the period of continuous service which the employee had with

the transmittor and any prior transmittor to be continuous service of the

employee with the transmittee for the purposes of redundancy entitlements.

ii. FWC may amend clause 4.7.9(i)(b) if it is satisfied that it would operate unfairly in a

particular case, or in the instance of contrived arrangements.

4.4.10 Incapacity to pay

UCH in a particular redundancy case may make an Application to the FWC to have the general

severance pay prescription amended on the basis of UCH’s incapacity to pay.


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4.5 Incidental or peripheral tasks

4.5.1 UCH may direct an employee to carry out such duties as are within the limits of the

employee’s skills, competence and training provided that such duties are not designed to

promote de-skilling.

4.5.2 UCH may direct an employee to carry out duties and use equipment and tools as may be

required:

Provided that the employee has been properly trained in the use of such equipment and tools.

4.5.3 The assignment of incidental or peripheral tasks to an employee or a class of employees shall:

i. be consistent with the efficient performance of the employee’s main task or functions;

ii. be subject to the employee having the skills or competence to perform the initial tasks;

and

iii. be consistent with UCH’s responsibility to provide a safe and healthy working

environment.

5 Wages and wage related matters

5.1 Classification structure

5.1.1 The classification structure is attached as Attachment A.

5.1.2 Paypoints for adult employees

Each Level 1 to 5 of the structure contains varying Paypoints. Progression for all classifications

for which there is more than one Paypoint will be by annual movement (i.e., 1976 hours) to

the next Paypoint, or in the case of a part-time or casual employee, 1976 hours of similar

experience.

Appointment to a higher Level is to occur where an employee is required to perform duties

and skills at a higher Level in accordance with the classification criteria.

An employee may progress to a higher Level without having progressed through all paypoints

within a lesser Level, subject to meeting reclassification criteria and/or by appointment.

5.1.3 Juniors

The minimum rate of wages for Junior employees will be the following percentage of the

respective rate prescribed in Appendix 1 Wages Schedule, in either Level 1 or Level 2.

Whether the first Paypoint in Level 1 or Level 2 is used depends on whether the Junior is

performing work which falls within the criteria of Level 1 (in which case the first adult


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Paypoint of Level 1 is used) or at Level 2, in which case the first adult Paypoint in Level 2 is

used.

Once the Junior employee reaches 20 years of age, the employee is then paid the full rate of

pay at the appropriate Level and Paypoint.

Age %

Under 18 years of age 65

18 years and under 19 years of age 75

5.1.4 Classification criteria

i. Classification Criteria are guidelines to determine the appropriate classification Level

under this Agreement and consist of characteristics and typical duties/skills.

ii. The characteristics are the principal or primary guide to classification as they are

designed to indicate the Level of basic knowledge, a comprehension of issues, problems

and procedures required and the Level of responsibility/accountability of the position.

The totality of the characteristics must be read as a whole to obtain a clear

understanding of the essential features of any particular Level and the competency

required.

iii. The typical duties/skills are a non-exhaustive list of duties/skills that may be

comprehended within the particular Level. They are an indicative guide only and at any

particular Level employees may be expected to undertake duties of any Level lower than

their own. Employees at any particular Level may perform/utilise one such duty/skill, or

many of them, depending on the particular work allocated.

iv. The key issue to be looked at in properly classifying an employee is the Level of

initiative, responsibility/accountability, competency and skill that the employee is

required to exercise in the work they perform within the parameters of the

characteristics and not the duties they perform per se. It will be noted that some typical

duties/skills appear in more than one Level with little apparent differentiation. However,

when assigning a classification to an employee, this needs to be done by reference to

the specific characteristics of the Level. For example, whilst word processing and copy

typing are first specifically mentioned at Level 2 in terms of typical duty/skill, it does not

mean that as soon as an employee operates a word processor they automatically

become Level 2. They would achieve a Level 2 classification when they have achieved

the Level of initiative, responsibility/accountability, skill and competency envisaged by

the characteristics.

v. Level 1 in this structure is to be viewed as the Level at which employees learn and gain

competency in the basic clerical skills required by UCH, which in many cases would lead

to progression through the classification structure as their competency and skills

increase and are utilised.


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5.1.5 Reclassification criteria

In the event that there is a claim for reclassification by an employee to a higher Level under

this structure on the ground that the employee's duties and responsibilities are reflected

within the classification criteria for that Level, the Agreement Dispute Resolution process

(clause 3.6) will be followed.

5.2 Wage increases

5.2.1 The ordinary time rates of pay for adult employees covered by this Agreement are set-out in

Appendix 1 Wages Schedule.

5.2.2 The following minimum wage rate increases shall apply to all employees throughout the life of

the Agreement:-

i. 3.0% from the 1st pay period to commence on or after 1 July 2013 (administrative

increase authorised and paid, no entitlement to backpay)

ii. 3.0% from the 1st pay period to commence on or after 1 July 2014; and

iii. 3.0% from the 1st pay period to commence on or after 1 July 2015.

5.2.3 Employees receiving a higher rate of wages than that provided for in this Agreement shall not

be reduced in wages as a consequence of the making of this Agreement.

5.3 Payment of wages

Salaries shall be paid by UCH by electronic funds transfer (“EFT”), fortnightly in arrears.

5.4 Extra payment for afternoon and night shift penalty

5.4.1 In addition to the rates of pay prescribed in Appendix 1 employees whilst engaged on

afternoon shift / night shift Monday to Friday, as defined will be paid an additional penalty

rate for each shift as follows:

Afternoon / night

shift 15%

All ordinary time worked on shifts where the

major portion of the shift is worked between

the hours of 4.00pm and 8.00am the following

day.


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5.4.1 The shift penalties prescribed in this clause will not apply to shift work performed by an

employee on Saturday, Sunday or public holiday where the extra payment prescribed by

clause 5.5 – Extra payment for weekend work and clause 7.6 - Public holidays is applicable.

5.4.2 In the instance of a casual employee the shift allowance prescribed herein shall be

calculated on the relevant base rate of pay exclusive of the casual loading.

5.5 Extra payment for weekend work

5.5.1 All rostered ordinary hours worked by an employee between midnight Friday and midnight

Sunday up to and including 10 ordinary hours in any one shift, shall be paid in addition to the

ordinary rate of pay, an additional percentage for weekend work as follows:

Saturday 50% Midnight Friday to midnight Saturday

Sunday 75% Midnight Saturday to midnight Sunday

5.5.2 The weekend penalties prescribed in this clause will not apply to work performed by an

employee on a public holiday where the extra payment prescribed by clause 7.6 - Public holiday is

applicable.

5.5.3 All time worked by an employee during the above weekend period in excess of ordinary

hours in any one shift shall be paid at the appropriate overtime rate in lieu of the additional

percentages for weekend work.

5.5.4 In the instance of a casual employee the weekend allowance prescribed herein shall be

calculated on the relevant ordinary rate of pay exclusive of the casual loading.

5.6 Meal allowances - overtime

An employee will be supplied with an adequate meal or be paid a meal allowance of $11.65 in

addition to any overtime payment as follows:

i. When required to work overtime after the usual finishing hour of work beyond 2 hours,

or after more than one hour if overtime continues beyond 6pm.

ii. Provided that where such overtime work continues a further meal allowance of $11.65

will be paid for each completed 4 hours.

The meal allowance will increase in accordance with the following table. The increase shall

operate from the 1st pay to commence on or after:

Approval by FWC 01.07.2014 01.07.2015

Meal allowance $11.73 $12.02 $12.32


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5.7 Relieving at a higher classification

5.7.1 If an employee is called upon to perform special duties or is delegated responsibility to act in

a classification for which a higher rate of pay applies (than they are receiving), they shall be

paid the higher rate of pay for the whole period they are delegated the additional

responsibility.

5.7.2 If an employee is delegated responsibility to act in a salaried position, they shall be paid as

per the UCH Higher Duties Policy.

5.8 Uniforms and protective clothing

5.8.1 Employees required to wear uniforms will be supplied with an adequate number of uniforms

appropriate to the role free of cost to the employees. Replacement of all items of uniform

supplied is to be on a fair wear and tear basis. Employees with concerns about complying with

the UCH uniform or corporate dress code are able to raise their concerns with their Manager

or the Human Resources department, which will be considered on an individual basis.

5.8.2 Uniform provisions:

i. Full-time employees, 3 full sets of uniforms will be supplied initially to full-time

employees and part-time employees who work on average 38 hours or more per

fortnight and thereafter one set per year.

ii. Part-time employees who work less than 38 hours per fortnight will initially receive 2 full

sets and 1/2 set per year.

iii. Casual employees shall receive one full set of uniform after one month’s engagement.

Additional requirements can be negotiated on a shift by shift basis as per clause 5.8.1.

iv. Maternity uniforms will be available for loan as required and requirements are to be

negotiated on an individual basis.

Provided that the provision of a cardigan may be substituted upon request by the employee in

lieu of one set of uniforms and a vest may be provided in lieu of one item of uniform.

Such items are to remain the property of UCH.

5.9 Salary packaging

Notwithstanding the wage rates contained in clause 5.2 and Appendix 1, UCH may by

agreement with an employee (Full-time, Part-time and casual) introduce remuneration

packaging in respect of that employees’ salary.

The parties agree to review the provisions of this clause in the event of significant change to

existing taxation laws or the introduction of new legislation.


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5.10 Superannuation

5.10.1 Superannuation legislation

i. Superannuation legislation, including the Superannuation Guarantee (Administration)

Act 1992 (Cth), the Superannuation Guarantee Charge Act 1992 (Cth), the

Superannuation Industry (Supervision) Act 1993 (Cth) and the Superannuation

(Resolution of Complaints) Act 1993 (Cth), deals with the superannuation rights and

obligations of employers and employees.

ii. Under superannuation legislation individual employees generally have the opportunity

to choose their own superannuation fund. Under the provision of this Agreement,

employees will have this option effective from 1 March 2014. If an employee does not

choose a superannuation fund on commencement of employment then the NGS

Superannuation Fund, or its successor, applies.

iii. The rights and obligations in these clauses supplement those in superannuation

legislation.

5.10.2 Employer contributions

UCH must make such superannuation contributions to a superannuation fund for the benefit

of an employee as will avoid UCH being required to pay the superannuation guarantee charge

under superannuation legislation with respect to that employee.

5.10.3 Voluntary employee contributions

i. Subject to the governing rules of the relevant superannuation fund, an employee may,

in writing, authorise UCH to pay on behalf of the employee a specified amount from the

post-taxation wages of the employee into the same superannuation fund as the

employer makes the superannuation contributions provided for in clause 5.10.2.

ii. An employee may adjust the amount the employee has authorised their employer to

pay from the wages of the employee from the first of the month following the giving of

one months’ written notice to UCH.

iii. An employee may enter into a written agreement with UCH to salary sacrifice for

superannuation in accordance with clause 5.10 of this Agreement. Such salary sacrifice

contributions are in addition to UCH contribution as specified in clause 5.10.2.

iv. UCH must pay the amount authorised under clauses 5.10.3(i) or (ii) no later than 28 days

after the end of the month in which the deduction authorised under clauses 5.10.3(i) or

(ii) was made.

5.10.4 Superannuation fund and eligible choice fund

Unless, to comply with superannuation legislation, UCH is required to make the

superannuation contributions provided for in clause 5.10.2 to another superannuation fund


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that is chosen by the employee, UCH must make the superannuation contributions provided

for in clause 5.10.2 and pay the amount authorised under clauses 5.10.3(i) or (ii) to one of the

following superannuation funds or its successor:

i. NGS Superannuation Fund (UCH default fund);

ii. Sunsuper;

iii. Health Industry Plan (HIP);

iv. Health Employees Superannuation Trust Australia (HESTA); or

v. Any superannuation fund to which UCH was making superannuation contributions for

the benefit of its employees before 31 December 2012, provided the superannuation

fund is an eligible choice fund.

5.11 Traveling, transport and fares

An employee required and authorised to use their own motor vehicle in the course of their

duties will be paid an allowance in accordance with the ATO mileage allowance for a vehicle’s

engine size of 1601cc-2600cc.

6 Hours of work and related matters

6.1 Ordinary hours of work

6.1.1 The ordinary hours of work for a full-time employee will be an average of 38 hours per week,

76 hours per fortnight, or 152 hours over 28 consecutive days, to be worked according to a

roster as follows:

i. In any 4 week work cycle there shall be 20 shifts of 7.6 hours duration worked; or

ii. In any 4 week work cycle there shall be 19 shifts of 8 hours duration worked, any one

day taken as an accrued day off, with pay (hereafter referred to as the ADO); or

iii. In shifts as required, not exceeding 10 hours and not less than 3 hours in duration, with

the hours worked in excess of an average of 38 hours per week over a 4 week cycle

being credited towards an ADO.

iv. Where shifts greater than 10 hours per day are to be worked, such shifts shall only be

worked by mutual agreement in writing between UCH and the employee. Provided that

where shifts of more than 10 hours per day are rostered for work, employees working

such hours cannot be rostered for work on more than 3 consecutive shifts of 10 hours or

more without a break of at least 48 hours, and further provided that no more than 8

shifts of more than 10 hours can be worked in a 4 week period.


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6.1.2 Unless there is mutual agreement to work otherwise (as per clause 6.1.1 iv and v), the

ordinary working hours of all employees shall not exceed 10 hours per day exclusive of meal

breaks and shall be worked within a spread of 12 hours calculated from the commencing time.

6.2 Span of hours

6.2.1 Unless otherwise stated, the ordinary hours of work for a day worker will be worked between

6.00am and 6.00pm Monday to Friday.

6.2.2 Where the work location services patients or provides a service, on a seven day a week basis,

the ordinary hours of work for an employee at that location will be between 6.00am and

10.00pm Monday to Sunday.

6.2.3 The spread of hours prescribed may be altered by up to one hour at either end of the spread

provided there is mutual agreement between UCH and the majority of employees in the work

section or sections involved.

6.3 Accrued days off (ADO) – accumulation and taking of ADOs

6.3.1 Where an employee is entitled to an ADO in accordance with the arrangement of ordinary

hours of work as set out in clause 6.1.1(ii) or (iii), ADOs will be taken within 12 months of the

date on which the first full ADO accrued.

6.3.2 With the consent of UCH, ADOs may be accumulated up to a maximum of 5 in any one year.

6.3.3 While on annual leave an employee continues to accrue time for the purpose of ADO as if

the employee has been at work. Such accrued time may be taken as additional time in

conjunction with annual leave or be accumulated.

6.3.4 Where an employee’s accrued day off falls on a public holiday, another day, determined by

UCH, will be taken instead within the same 4 week work cycle, where practical.

6.3.5 By agreement between the parties, ADOs in excess of 5 days can be paid out at ordinary rate

of pay.

6.3.6 An employee will be paid for any accumulated ADOs, at their ordinary rate of pay, on

termination of employment.

6.4 Eight hour day and accrual of time off

Subject to the provisions of clause 6.1.1, employees may agree that the ordinary hours of

work may be 8 per day or may exceed 8 on any day, thus enabling accrual of time off at

ordinary time rate of pay on one or more work days during a work cycle.


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6.5 Rosters

6.5.1 Employees will work in accordance with a fortnightly roster to be agreed from time to time

between UCH and a majority of employees in any workplace or part thereof.

6.5.2 The roster will set out employees’ daily working hours and starting and finishing times and will

be displayed in a place conveniently accessible to employees at least 7 days before the

commencement of the roster period.

6.5.3 Unless UCH otherwise agrees, an employee desiring a roster change will give 7 days notice

except where the employee is ill or in an emergency.

6.5.4 Unless an employee otherwise agrees, seven days’ notice of a change of roster will be given by

UCH to an employee. Except that, a roster may be altered at any time to enable the functions

of the hospital to be carried out where a) the change is necessary to meet unforseen

fluctuations in patient demand for services; or b) where another employee is absent from

work due to illness or an emergency.

6.5.5 Subject to unforseen circumstances as per clause 6.5.3 and 6.5.4, each employee will be

allowed 4 whole days free from rostered work in each fortnight. An employee’s roster may

provide for any one of the following combinations of days free, including:

i. 2 periods comprising 2 days each; or

ii. 3 consecutive days and one stand-alone day; or

iii. 1 period of 4 consecutive days; or

iv. Provided any one of these combinations may be varied to enable 2 single days free from

rostered work if requested in writing by the employee.

The days free from rostered duty to be enjoyed by full-time employees working shifts longer

than 8 hours and/or shorter than 8 hours on any day shall be enjoyed in a period or periods no

less favourable than those set out in 6.5.5 for other full-time employees.

6.5.6 Inclusion of a casual employee in any roster will be deemed to be notice of likely hours of

employment during the roster period and will not be deemed to be a guarantee of

employment for those hours.

6.6 Broken rostered periods of duty

Where broken shifts are worked the spread of hours shall not exceed 12 hours per day.

6.7 Rest breaks between rostered work

i. An employee will be allowed a rest break of not less than 10 hours between the

completion of one ordinary work period or shift and the commencement of another

ordinary work period or shift.


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ii. This Agreement allows for the rest break between rostered work to be reduced from 10

hours to not less than 8 hours in the following circumstances:

a. To permit changes of duty rosters;

b. In any other case agreed upon by the employee and UCH.

iii. Where agreement has been reached between UCH and the employee to reduce the 10

hour rest break between rostered work to an 8 hour rest break, due consideration will

be given to recognise that fatigue prevention must be, at all times, paramount to ensure

that standards of care are not reduced.

6.8 Breaks

UCH recognises its obligation in relation to meal breaks and rosters and manages workflow

and operations accordingly. All employees are entitled to meal breaks.

6.8.1 Meal breaks

i. Where an employee is rostered to work in excess of 6 hours continuously the employee

shall be entitled to an unpaid meal break of not less than 30 minutes between the

fourth and sixth hours after the commencement of duty, and thereafter at intervals of

no more than 6 hours.

ii. The time of taking the meal break may be varied by agreement between UCH and the

employee.

iii. If the employee is required to remain in their designated area during a meal break then

the employee will be paid for the meal break at ordinary rates.

iv. If the employee is required to remain in their designated area during a meal break, and

this extends the shift into an overtime period, then the employee will be paid for the

meal break at double time.

6.8.2 Rest pauses

i. Every employee shall be entitled to a rest pause of not less than 10 minutes’ duration

within each completed period of 4 ordinary hours of work at a time to be agreed

between UCH and the employee.

ii. Notwithstanding the above, and at the discretion of UCH, the period of 2 rest pauses

may be combined to provide one 20 minute rest pause in the first or second half of the

ordinary period of work.

6.8.3 Rest pauses during overtime

An employee may take a paid rest break of 20 minutes after each 4 hours of overtime worked,

if the employee is required to continue work after the rest break.


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6.9 On call and recall

6.9.1 If an employee is required to be on call, the employee must be easily contactable at home or

another mutually agreed place.

6.9.2 It is not the intention of UCH that an employee, unless they otherwise agree, should be placed

on call immediately prior to a rostered day off or accrued day off.

6.9.3 An employee rostered to be on call is entitled to receive additional amounts as follows:

i. $17.92 for each 24 hour period or part thereof when the on call period is between

rostered shifts of ordinary hours Monday to Friday inclusive;

ii. $26.94 for each 24 hour period or part thereof when the on call period is a Saturday ;

iii. $35.89 for each 24 hour period or part thereof when the on call period is a Sunday,

public holiday or a day when the employee is rostered off duty.

iv. Payment of the on call allowance as prescribed will be calculated by reference to the

calendar day on which the major portion of the work falls.

v. An employee who is rostered to be on call and who is required to work, will be paid for a

minimum of 3 hours work at the appropriate overtime rate. Except in the circumstances

where an employee, who is recalled to work on a public holiday, will be paid for a

minimum of 4 hours work at the appropriate overtime rate.

The On call Allowance will increase in accordance with the following table. The increase shall

operate from the 1st pay to commence on or after:

On call Allowance Approval by FWC 01.07.2014 01.07.2015

Monday to Friday $18.10 $18.64 $19.16

Saturday $27.20 $28.02 $28.79

Sunday, Public Holiday or a

day when the employee is

rostered off duty

$36.25 $37.34 $38.36


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6.10 Recall to work (where not rostered to be on call)

6.10.1 This clause applies to an employee who is not required to be on call and who is recalled to

work.

6.10.2 An employee, who is recalled to work, will be paid at the appropriate overtime rate for the

recall period. The minimum recall payment will be paid for a minimum of 3 hours. Except in

the circumstances where an employee, who is recalled to work on a public holiday, will be

paid for a minimum of 4 hours work.

6.10.3 The time spent travelling to and from the place of duty will be deemed to be time worked.

Except that, where an employee is recalled within 3 hours of their rostered commencement

time, and the employee remains at work, only time spent in travelling to work will be

included with the actual time worked for the purpose of the overtime payment.

6.10.4 Except in the case of unforeseen circumstances arising, an employee who is recalled to duty

will not be obliged to work 3 hours if the work for which the employee was recalled, and any

associated duty is completed within a shorter period.

6.10.5 The provisions of clause 6.12.7 will not apply where an employee has worked less than 2

hours on any one or more call outs. Despite this, the intention of clause 6.10 is that all

employees receive a 10 hour break between shifts where possible or unless otherwise

agreed between UCH and the employee.

6.11 Use of available working time

All employees will observe the nominated starting and finishing times for the work day,

including designated meal breaks and rest pauses, to maximise available working time.

Preparation for work and for travel home at the completion of work will be in the employee’s

time.

6.12 Overtime

6.12.1 UCH may require an employee to work reasonable overtime subject to adequate prior notice.

6.12.2 Except in an emergency no employee shall work overtime unless instructed to do so by a

person authorised to so instruct.

6.12.3 Overtime penalty rates

i. All authorised time worked by an employee outside their ordinary hours on any day will

be deemed to be overtime and will be paid at the following rates:

a. Monday to Saturday inclusive, payment will be made at the rate of time and a half

(150%) for the first 2 hours and double time (200%) thereafter;

b. Sunday, payment will be made at the rate of double time (200%);


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c. Public holidays, payment will be made at double time and a half (250%); and

ii. All overtime worked an employee who meets the definition of shift worker will be paid

at the rate of double time (200%).

Provided that an employee works a minimum of 8 hours on that shift or more than 76 hours in

a fortnight.

6.12.4 These extra rates will be in substitution for and not cumulative upon the shift loading

prescribed in clause 5.4 and extra payment for weekend work prescribed in clause 5.5.

6.12.5 Time off in lieu (TOIL)

i. By agreement between UCH and the employee, an employee may take time off instead

of receiving payment for overtime at a mutually agreed time.

ii. The first 3 hours of overtime worked in any one week – time off in lieu is to be accrued

and taken off at a rate of time worked for time taken.

iii. Any period in excess of 3 hours - time off in lieu is to be accrued at the equivalent

overtime penalty rate. For example, if one hour of overtime is worked, an employee

accumulates 1.5 hours of time off.

iv. Employees may accrue up to 24 hours of TOIL unless UCH and the employee by mutual

agreement determine a greater TOIL accumulation.

v. TOIL hours can be cashed in by the employee, at the appropriate overtime rates, and

will be paid out on termination of employment.

6.12.6 Make up time (reverse time in lieu)

The purpose of ‘make up time’ or ‘reverse time in lieu’ provisions is to support flexibility for

UCH where there is a genuine operational requirement or where an employee has genuine

pressing family or personal reasons.

i. Subject to mutual agreement,

a. UCH may release an employee from a rostered shift and agree to pay the employee

for the hours not worked at the ordinary rate of pay; or

b. On request by the employee, UCH may release an employee from a rostered shift

and agree to pay the employee for the hours not worked at the ordinary rate of pay.

ii. The employee shall be rostered to work the hours not worked as additional hours that is

over and above contracted hours, at a later date. The employee shall receive no further

payment (except shift penalties) for those additional hours worked.

iii. The employee may accumulate up to a maximum of 16 hours make up time.


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iv. The employee shall be rostered to work the additional hours owed within 4 weeks of the

hours being accrued. Provided that:

a. UCH will not unreasonably require an employee to work additional hours at a time

when it is difficult for the employee to meet, due to personal or family

responsibilities; and

b. The employee shall not unreasonably refuse to work when requested to meet

operational requirements.

v. The additional hours shall be rostered as agreed between the employee and UCH and

shall be rostered in shift lengths equivalent to that of the time released from duty.

vi. Employees who have accumulated make up time shall be given preference to work

available additional hours.

vii. On termination of employment any hours owed by the employee shall be deducted

from the termination payment subject to the employee having the opportunity and

declining to work the hours required.

6.12.7 Break after overtime

i. When overtime work is necessary, it will, wherever reasonably practicable, be so

arranged that employees have at least 10 consecutive hours (or 8 hours by agreement)

off duty between the work of successive days or shifts, including overtime.

ii. An employee who works so much overtime between the termination of their ordinary

work on one day and the commencement of their ordinary work on the next day, that

they have not had at least 10 consecutive hours (or 8 hours by agreement) off duty

between those times, will be released after completion of such overtime, until they

have had 10 consecutive hours (or 8 hours by agreement) off duty without loss of pay

for ordinary working time occurring during such absence.

iii. If, on the instruction of UCH, an employee resumes or continues to work without having

had 10 consecutive hours off duty, they will be paid at the rate of double time until

released from duty for such period. The employee will then be entitled to be absent

until they have had 10 consecutive hours off duty without loss of pay for rostered

ordinary hours occurring during the absence.

iv. With the exception of employees rostered to work following a 10 hour shift, the

provisions of this subclause will 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:-

a. For the purpose of changing shift rosters; or

b. Where a shift worker does not report for duty; or

c. Where a shift is worked by arrangement between the employees themselves.


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6.13 Voluntary 12 hour shifts

6.13.1 Consultative process

i. The parties recognise that for these working arrangements to be successful the changes

and measures contained in clause 6.13 need to be implemented through an open

consultative process.

ii. The parties commit to involving employees in appropriate consultation necessary to

implement these working arrangements. Employees will be encouraged to participate in

the consultative processes by allowing adequate time to understand, analyse and

respond to any information or proposals in relation to the implementation of the 12

hour shift.

iii. Before any trial commences, a detailed proposal addressing the rostering system will be

submitted to a working party including employee, employee representative and

management representatives.

iv. The parties will agree, prior to commencement of the trial, on how effectiveness of the

12 hour shift arrangements provided for in this agreement shall be evaluated. Such

evaluation, through a working party may include, but not be limited to, consideration of

the following factors:

- Length of trial period;

- Patient outcomes;

- Health and safety and absenteeism;

- Adverse incidents;

- Staff satisfaction;

- Financial implications;

- Effects on family and social life;

- Training/professional development;

- Communication; and

- Effects on management – recruitment and retention and other units within UCH

hospitals.

6.13.2 Extra payments – afternoon and night shifts

An employee who works on a 12 hour shift arrangement shall be paid shift allowances on the

following basis:

i. An afternoon allowance of 15%, for 4 hours of the shift, where the shift includes the

hour of midday;

ii. An afternoon shift allowance of 15%, for 4 hours of the shift, and a 15% night shift

allowance for 8 hours of the shift, where the shift includes the hour of midnight.


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The shift penalties prescribed in this clause will not apply to shift work performed by an

employee on Saturday, Sunday or public holiday.

6.13.3 Payment for weekend work

Relevant weekend extra payments as prescribed in clause 5.5 shall apply under this

arrangement.

6.13.4 Meal breaks and rest pauses during 12 hour shifts

i. Every employee who works a shift of 12 ordinary hours is entitled to one unpaid meal

break of not less than 30 minutes duration and a paid 30 minute paid rest pause.

Such meal break and rest pause shall be arranged in such a way that the ordinary working

days is broken up into 3 approximately equal working periods.

7 Leave and public holidays

7.1 Annual leave

7.1.1 Annual leave is paid leave and applies to all full-time and part-time employees.

7.1.2 Entitlement to annual leave

For each year of service with UCH, the employee is entitled to 4 weeks of paid annual leave.

Employees will be paid annual leave at their ordinary rate of pay.

When annual leave is taken, employees will be paid leave loading at the rate of 17.5% of the

employee’s ordinary rate of pay.

7.1.3 Additional annual leave

i. Additional annual leave – continuous shift worker

An additional one weeks’ annual leave to a total of 5 weeks’ annual leave each year

will be provided to continuous shift workers (i.e., as per clause 7.1.4). The additional

week of annual leave will not attract leave loading.

ii. Additional annual leave – Clerical staff employed at TWH as at 1 November 2002

An additional one weeks’ annual leave each year will be provided to clerical

employees at the Wesley Hospital who were in receipt of this provision as at 1

November 2002 (i.e., this provision is to maintain conditions for specific group of

clerical staff and ward assistants and in particular 5 weeks of annual leave). The

additional week of annual leave will not attract leave loading.


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7.1.4 Continuous shift worker

i. Definition – continuous shift worker means an employee whose work is organised

within a roster pattern which meets all of the following 4 criteria:

a. Work is performed in rotation on morning, afternoon and night shifts; and

b. Those 3 shifts are worked over 24 hours per day; and

c. Those shifts are worked over 7 days each week including Sundays and Public

Holidays; and

d. This roster pattern is worked over a 12 month period.

Work performed by a continuous shift worker is “continuous shift work”.

ii. 12 months on continuous shift work

If a continuous shift worker has worked at least 20 rostered shifts on each of the 3 types

of shift (i.e., morning, afternoon and night shifts) as defined in this Agreement during a

twelve month period from the anniversary date of their employment, the employee

shall be entitled to an additional 38 hours paid annual leave for each 12 month period in

which the employee has so worked.

iii. A part-time employee shall be entitled to additional leave on a pro rata basis on the

same conditions as apply to full-time employees subject to the employee working that

number of each of the 3 types of shift which is proportionate to the total number of

shifts to be worked by a full-time employee to become entitled to the additional leave.

iv. The mere availability for continuous shift work shall not entitle an employee to

additional leave.

v. Non-continuous shift work

Where an employee has worked on only one or two of such types of shift during the

period of 12 months referred to such an employee shall not be regarded as a

continuous shift worker for the purposes of clause 7.1.4 .

vi. Less than 12 months continuous shift work completed

An employee who is not a continuous shift worker in terms of the above but has worked

as a continuous shift worker for a portion of the 12 months prior to taking annual leave

or who having worked as a continuous shift worker resigns before the completion of 12

months service, shall be entitled to additional annual leave on a pro rata basis in respect

of the period of work performed as a continuous shift worker, on the terms below:


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Provided that the following minimum number of each of the 3 types of shift have been

worked:

a. Up to and including 3 months service, no entitlement;

b. From 3 months and up to but not including 6 months service – 5 of each shift to be

worked;

c. From 6 months and up to but not including 9 months service – 10 of each shift to be

worked;

d. From 9 months and up to but not including 12 months service – 15 of each shift to

be worked.

vii. Part-time employee entitlement after 12 months continuous shift work

A part-time employee shall be entitled to additional leave on a pro rata basis on the

same conditions as apply to full-time employees subject to the employee working that

number of each of the 3 types of shift which is proportionate to the total number of

shifts to be worked by a full-time employee to become entitled to the additional leave.

[For example, an employee employed for 24 hours per week who has worked all 3 types

of shift over the 12 months qualifies for additional leave if at least 12 of each type of

shift has been worked (20 x 24 /38).]

viii. Part-time employee entitlement if less than 12 months continuous shift work

completed.

A part-time employee who is deemed to be a continuous shift worker for less than 12

months in terms of clause (vii) above has been worked.

[for example, an employee employed for 24 hours per week who resigns after 7 months

service qualifies for additional leave if at least 6 of each type of shift has been worked (10 x

24/38).]

7.1.5 Accrual of annual leave

An employee’s entitlement to paid annual leave accrues progressively during a year of service

according to the employee’s ordinary hours of work, and accumulates from year to year.

If an employee’s employment ends during what would otherwise have been a year of service,

the employee accrues paid annual leave up to when the employment ends.

7.1.6 Taking annual leave and notice requirements

An employee may take paid annual leave by giving their manager an Application for Leave

form and the manager will consider the application in line with known operational needs of


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the business but will not unreasonably refuse to agree to the request. Where possible, the

application to take leave should be given with 4 weeks’ notice.

Paid annual leave may not be taken in advance of accrual.

If a public holiday occurs whilst an employee is taking annual leave, that day does not count as

a day of annual leave. For an employee, on annual leave, to be entitled to payment for a

public holiday (instead of annual leave), the employee must have ordinary hours of work that

would have fallen on that day had it not been a public holiday.

Paid annual leave should be taken within the year it accrues. UCH may require an employee to

take paid annual leave, but only if the requirement is reasonable. If UCH seeks to direct an

employee to take annual leave, the employee shall be given a minimum of 4 weeks notice by

UCH of the commencement of annual leave. By agreement leave may commence earlier than

the 4 weeks notice.

7.1.7 Excess annual leave

Unless UCH and an employee otherwise agree, and where the employee has accrued annual

leave in excess of 8 weeks, UCH may direct an employee to take the excess annual leave. The

employee shall be given a minimum of 4 weeks notice by UCH of the commencement of

annual leave and the employee is to comply with such notice.

7.1.8 Adjustments to annual leave for personal leave

Where an employee falls sick or suffers an injury while on annual leave and provides UCH a

medical certificate to show they were incapacitated to the extent that normal duties could not

be performed, and where the employee has accrued personal leave, UCH shall debit such time

as personal leave and credit the same period of annual leave.

7.1.9 Annual leave – extension at half pay

Employees are entitled, in certain circumstances, to elect to use annual leave at half pay for

any period up to the available annual leave credit. Credits will be deducted at a rate of 50% of

the credit per day.

UCH will consider requests to extend leave at half-pay in the following circumstances:

- To be a child’s primary care giver during a period of parental leave;

- During an extended period of absence due to illness or injury;

- Due to a domestic or pressing necessity; or

- When in transition to retirement.


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7.1.10 Pre-purchased annual leave

Pre-purchased leave is where employees have planned absences of one or two weeks of

unpaid leave which is funded by salary deductions spread evenly over the year. This allows

employees to continue to receive pay during such leave.

i. From 1st June 2014 employees may apply for up to 2 weeks purchased leave in each

financial year. Purchased leave will only be approved for the amount of credit that an

employee has in respect to the purchased leave.

ii. Pre-purchased leave can only be taken in whole week blocks and must be utilised in the

calendar year in which it is purchased. The leave period is the financial year.

iii. Applications for pre-purchased leave must be made by 15th June each year and approval

of pre-purchased leave will be based on the operational requirements of the hospital

and will be by mutual agreement.

7.1.11 Cashing out terms

An employee may make a request to cash out an amount of paid annual leave by giving their

manager an Application for Cashout of Leave form and the manager will not unreasonably

refuse to agree to the request. However, where a request results in the employee’s remaining

accrued entitlement to paid annual leave being less than 4 weeks, the request must not be

approved.

Each cashing out of a particular amount of paid annual leave must be by a separate agreement

in writing.

The employee must be paid at least the full amount that would have been payable to the

employee had the employee taken the leave that the employee has foregone.

7.2 Personal / carer’s leave

7.2.1 Paid leave

Personal/carer’s leave is paid leave and applies to all full-time and part-time employees.

7.2.2 Entitlement to paid personal / carer’s leave

For each year of service with UCH, an employee is entitled to 10 days (76 hours) of paid

personal/carer’s leave.

An employee’s entitlement to paid personal/carer’s leave accrues progressively during a year

of service according to the employee’s ordinary hours of work, and accumulates from year to

year.

Personal leave may be taken for part of a day or shift.


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7.2.3 Taking personal / carer’s leave

An employee may take paid personal/carer’s leave if the leave is taken:

i. Because the employee is not fit for work because of a personal illness, or personal

injury, affecting the employee; or

ii. To provide care or support to a member of the employee’s immediate family, or a

member of the employee’s household, who requires care or support because of:

a. A personal illness, or personal injury, affecting the member; or

b. An unexpected emergency affecting the member.

7.2.4 Entitlement to unpaid personal / carer’s leave

An employee is entitled to 2 days of unpaid carer’s leave for each occasion when a member of

the employee’s immediate family, or a member of the employee’s household, requires care or

support because of;

i. A personal illness, or personal injury, affecting the member; or

ii. An unexpected emergency affecting the member.

An employee cannot take unpaid carer’s leave during a particular period if the employee could

instead take paid personal/carer’s leave.

7.2.5 Notice and evidence requirements

An employee must give their manager notice as soon as practicable and must also advise their

manager the period, or expected period, of the absence.

It is expected that a medical certificate, or if not reasonably practical to do so, a statutory

declaration by the employee is provided for any period in excess of 2 days for personal leave.

Where there appears to be a pattern of nonattendance and/or high levels of absenteeism, the

employee may be requested to provide a medical certificate for each absence. The employee

will be made aware of the requirement and of the duration for which evidence will be

required for each occasion of taking personal leave.

7.3 Compassionate leave

7.3.1 An employee may take compassionate leave for a particular permissible occasion if the leave

is taken to spend time with the seriously ill or seriously injured person or after their death

(subject to entitlement provisions).


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7.3.2 Entitlement to compassionate leave

An employee is entitled to 2 days of compassionate leave for each occasion (a permissible

occasion) when a member of the employee’s immediate family, or a member of the

employee’s household:

i. Contracts or develops a personal illness that poses a serious threat to his or her life; or

ii. Sustains a personal injury that poses a serious threat to his or her life; or

iii. Dies.

7.3.3 Taking of compassionate leave – notice and evidence requirements



Where requested, the employee must give their manager evidence that would satisfy a

reasonable person that the leave was taken for a permissible occasion in the circumstances

specified.

7.4 Parental leave

7.4.1 Parental leave is unpaid leave for employees who have worked for UCH for at least 12 months

and is available to employees who have responsibility for the care of the child.

7.4.2 Each parent can take up to 12 months’ unpaid leave (to run consecutively) or one parent can

request up to 24 months’ leave. Leave has to be taken in a single continuous period. Both

parents may take parental leave concurrently for a maximum of three weeks around the time

of a child’s birth/adoption.

7.4.3 UCH provides for parental leave consistent with the NES with the exception of giving 8 weeks

paid parental leave to qualifying full-time and part-time employees. Paid parental leave can

only be accessed by:

i. A pregnant employee; or

ii. An employee who is the primary care giver of their new born child; or

iii. An employee who is the primary care giver of a newly adopted child provided that child

is not a stepchild of the employee or the employee’s partner, is under the age of five,

and has not lived continuously with the employee for six months or longer.

7.4.4 Where the leave is birth-related leave for an employee who is pregnant with, or gives birth to,

the child, the period of leave may start up to 6 weeks before the expected date of birth of the

child, but must not start later than the date of birth of the child.


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7.4.5 An employee may request to take UCH paid parental leave on half pay (e.g. 8 weeks pay

spread over a 16 week period).

7.4.6 An employee who has completed 7 but less than 10 years continuous service may request to

take long serve leave while on parental leave to be the child’s primary care giver.

7.4.7 Following the child’s birth/adoption, a non-primary carer can access their personal leave for 3

days paid parental leave (subject to sufficient accrual).

7.4.8 Where an employee has proceeded on UCH paid maternity leave and has received payment in

accordance with 7.4.4 and the pregnancy ends otherwise than by the birth of a living child, the

employee shall be entitled to retain the 8 weeks payment.

7.4.9 Taking parental leave and notice requirements

An employee must provide written notice of the taking of parental leave. The notice should be

given 10 weeks before starting the leave and must specify the intended start and end dates of

the leave. Where an employee is providing notice of taking maternity leave, then a medical

certificate confirming the date of birth, or the expected date of birth, of the child is required.

Leave must be taken in a single continuous period, but the employee may take a form of paid

leave at the same time as he or she is on ‘unpaid parental leave’.

7.4.10 Pregnant employees may be required to take parental leave within 6 weeks before the birth

If a pregnant employee continues to work during the 6 week period before the expected date

of birth of the child, UCH may request the employee to provide a medical certificate

containing the following statements (as applicable):

i. A statement of whether the employee is fit to work;

ii. If the employee is fit to work – a statement of whether it is advisable for the employee

to continue in her present position during a stated period because of:

a. Illness, or risks, arising out of the employee’s pregnancy; or

b. Hazards connected with the position.

UCH may require the employee to commence maternity leave as soon as practicable if the

medical certificate is not provided within 7 days of request.

Where the employee provides a medical certificate that states she is unfit for work, then

depending on the circumstances, UCH may require the employee to commence paid

maternity leave.


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7.4.11 Extending period of parental leave – to maximum of 12 month leave period

An employee may request to extend the period of parental leave by giving written notice at

least 4 weeks before the end date of the original leave period. The notice must specify the

new end date for the leave. Only one extension is permitted and the extension cannot extend

the leave beyond the employee’s available parental leave period.

7.4.12 Extending period of parental leave – to maximum of 24 month leave period

An employee may seek agreement from UCH for an extension of unpaid parental leave for a

further period. The request must be in writing and given to UCH for consideration at least 4

weeks before the end date of leave period.

Where the request is approved, the employee will be advised in writing as soon as practicable,

and not later than 21 days after the request was made.

Where the request is not granted, due to reasonable business grounds, the employee will be

advised in writing as soon as practicable, and not later than 21 days after the request was

made. The written response will provide details of the reasons for the refusal.

7.4.13 Reducing period of unpaid parental leave

An employee may seek agreement from UCH to reduce the period of unpaid parental leave.

7.4.14 Return to part-time work – during period of parental leave

With the agreement of UCH, an employee may work part-time for one or more periods during

their period of unpaid parental leave. Likewise, a casual employee may perform work on a

casual basis.

7.5 Long service leave

7.5.1 Long service leave is paid leave and applies to all employees.

7.5.2 Entitlement to long service leave

All employees are entitled to 13 weeks long service leave after 10 years of continuous service.

Thereafter, an employee’s entitlement to paid long service leave accrues progressively during

a year of service according to the employee’s ordinary hours of work, and accumulates from

year to year.

Continuous service refers to paid working time and paid leave. Employment is the total period

engaged and can include unpaid leave. The long service leave entitlement is based on

continuous service.


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7.5.3 Taking long service leave and notice requirements.

An employee may take long service leave by giving their manager an Application for Leave

form and the manager will consider the application in line with known operational needs of

the business but will not unreasonably refuse to agree to the request. Where possible, the

application to take leave should be given with a minimum of 4 weeks’ notice.

An employee may request to take long service leave for a period of 2 weeks (as a minimum) or

more.

The employee may request to take long service leave on half pay (e.g. 2 weeks pay spread

over a 4 week period).

Payment of long service leave is at the ordinary rate of pay at the time the leave is taken.

7.5.4 Cash equivalent

Cash equivalent on ceasing employment normally occurs at or after 10 calendar years

continuous service. However, payment will be made for lesser periods of continuous service in

the following circumstances:

i. Upon retrenchment – 1 year

ii. Upon ill health retirement – 5 years

iii. Upon retirement within 10 years of attaining age 65 – 5 years

iv. Upon death – 5 years

7.5.5 Access to Pro-rata Long Service Leave (After 7 years)

By agreement between the employee and UCH, an employee may request to take pro-rata

long service leave for a domestic or other pressing necessity after 7 years of service with UCH.

The words 'domestic or other pressing necessity' have been interpreted by the Queensland

Industrial Relations Commission to encompass a broad range of scenarios, including:

i. an employee forced to leave work to take care for a sick spouse, or take care of children;

ii. an employee changing jobs to lessen travel expenses when in a difficult financial

situation;

iii. an employee leaving employment because the employer was relocating and the

employee would have been required to travel substantial distances to attend work each

day.


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7.5.6 Cashing Out Long Service Leave

By agreement between UCH and the employee, an employee may make a request in writing

to have part or all of their long service leave paid out after 10 years of continuous service,

instead of taking such leave.

7.6 Public holidays

7.6.1 Subject to clause 7.6.6 all work done by an employee on:

- New Year’s Day;

- Australia Day;

- Good Friday;

- Easter Saturday;

- Easter Monday;

- Anzac Day;

- The Birthday of the Sovereign;

- Show Day (shall be a day in a district specified and notified)

- Christmas Day;

- Boxing Day; or

- Any day appointed under the Holidays Act 1983, to be kept in place of any such holiday.

Any employee required to work on a public holiday will be paid double time and a half for all

time worked with a minimum of 4 hours.

No further penalty rate is payable for work on a public holiday.

7.6.2 Labour Day

All employees (other than casual employees) are entitled to be paid a full day’s wage for

Labour Day irrespective of the fact that no work may be performed on such day, and if any

employee concerned actually works on Labour Day, such employee shall be paid a full day’s

wage for that day and in addition a payment for the time actually worked at one and a-half

times the ordinary rate prescribed for such work with a minimum of 4 hours.


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7.6.3 Show Day – choice

Provided that where the Show is of more than one day’s duration the employees may agree

with UCH to choose another day during the show period in lieu of the day so appointed, in

which case the provisions of this paragraph shall apply to the day so chosen.

7.6.4 Double time and a-half

For the purposes of clause 7.6 “double time and a-half” means one and a-half day’s wages in

addition to the employee’s ordinary time rate of pay or pro rata if there is more or less than a

day.

7.6.5 Stand down

Any employee, with 2 weeks or more of continuous service, whose employment has been

terminated by UCH or who has been stood down by UCH during the month of December, and

who is re-employed in January the following year, shall be entitled to payment at the ordinary

rate payable to that employee when they were dismissed or stood down, for any one or more

of the holidays occurring during this period, namely, Christmas Day, Boxing Day and New

Year’s Day.

7.6.6 Substitution

UCH and the employees may, by agreement, substitute another day for a public holiday.

7.6.7 Payment for absence on public holiday

If an employee is absent from his or her employment on a day or part-day that is a public

holiday, UCH will pay the employee at the employee’s ordinary rate of pay for the employee’s

ordinary hours of work on the day or part-day.

If the employee does not have ordinary hours of work on the public holiday, the employee is

not entitled to payment.

An employee may agree in writing with UCH to be compensated by an additional day of

annual leave instead of payment for absence at their ordinary rate of pay.

7.6.8 ADO Impact

In the event that an ADO does coincide with a public holiday another day determined by

mutual agreement between UCH and the employee shall be taken in lieu thereof, this day to

be within the same 4 weekly work cycle where possible.


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7.7 Community service (including Jury Duty)

7.7.1 UCH allows their employees to take unpaid leave in accordance with the NES for eligible

community service activities such as jury duty or voluntary emergency management.

7.7.2 Entitlement to community service leave

An employee who engages in an eligible community service activity is entitled to be absent

for:

i. Time when the employee engages in the activity;

ii. Reasonable travelling time associated with the activity;

iii. Reasonable rest time immediately following the activity.

7.7.3 Notice and evidence requirements



Community Service Leave (excluding jury service) is unpaid leave, however an employee may

request to take paid annual leave, subject to accrued entitlement, for the approved period of

leave.

UCH will pay full-time and part-time employees undertaking jury duty for a period of up to 10

days. They are paid at their ordinary rate for the ordinary hours of work. The amount payable

is reduced by any jury service pay that has been paid or is payable to the employee. Payment

by UCH is subject to meeting reasonable evidence requirements (i.e., evidence that the

employee has taken all necessary steps to obtain any amount of jury service pay to which the

employee is entitled).

Periods of jury service must be supported by an approved Application for Leave form and a

copy of documentation of their notice of Jury Service. Only the rostered days, which were not

worked due to jury service, should be claimed as payment for jury service.

7.8 Ceremonial leave

An employee who is legitimately required by Aboriginal tradition to be absent from work for

Aboriginal ceremonial purposes will be entitled to up to ten working days of unpaid leave in

any one year, subject to prior application and approval.


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8 Other matters

8.1 Training and professional development

8.1.1 The parties to this Agreement recognise the importance of training and education to the

productivity and efficiency of the workplace.

Accordingly, the parties commit themselves to:

i. developing a more highly skilled and flexible workforce;

ii. completion of all mandatory and core competency training;

iii. assisting employees’ career opportunities and productivity through the provision of

appropriate training and development; and

iv. ensuring skills so acquired are able to be utilised.

8.1.2 Managers are responsible for authorising funding and/or leave for staff training and ensuring

that all funded training meets the following criteria:

i. It aligns with the organisation’s strategic direction and future workforce planning; and

ii. It enhances the attendee’s capability and work performance in their current role.

8.1.3 It is agreed that the parties shall discuss the development of appropriate training programs to

facilitate skill enhancement to ensure that such training provided externally complies with

criteria and guidelines established by the parties.

8.1.4 The parties agree that such training may take place either on or off the job and will be

provided at the expense of UCH. Where such training takes place during working hours the

employees shall not suffer any loss of pay. This attendance may be outside normal hours.

Payment shall be at the employee’s ordinary rate of pay.

8.1.5 Payment of registration for training and professional development activities will be provided

where attendance at such activity is required by the hospital and/or department.

8.2 Immunisation / X-Ray

UCH will provide and arrange administration of the following immunisation where required by

UCH and agreed by the employee:

i. Flu-vax to be provided to staff annually;

ii. Hep B to be provided where not currently immunised and required in the role.

UCH will reimburse any employee who is required by UCH to have an x-ray.


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8.3 Workplace health and safety

The parties to this Agreement are committed to continuous improvement in workplace health

and safety standards through an organisational framework which involves all parties in

preventing injuries and illness in the workplace by promoting a safe and healthy working

environment.


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Appendix 1 – Wages Schedule (hourly wage rates)

Wage rates

01.07.2012

1st pay

period to

commence on

or after

1st pay

period to

commence on

or after

1st pay

period to

commence on

or after

01.07.2013

(+3% Admin

Increase)

01.07.2014

+3%

01.07.2015

+3%

Wage rates - general

Level 1.1 $ 20.8853 $ 21.5119 $ 22.1572 $ 22.8220

Level 1.2 $ 21.3332 $ 21.9732 $ 22.6324 $ 23.3114

Level 1.3 $ 21.7776 $ 22.4310 $ 23.1039 $ 23.7970

Level 1.4 $ 22.2368 $ 22.9040 $ 23.5911 $ 24.2988

Level 2.1 $ 22.6887 $ 23.3693 $ 24.0704 $ 24.7925

Level 2.2 $ 23.1516 $ 23.8461 $ 24.5615 $ 25.2983

Level 2.3 $ 23.5997 $ 24.3077 $ 25.0369 $ 25.7880

Level 2.4 $ 23.8330 $ 24.5480 $ 25.2844 $ 26.0430

Level 3.1 $ 25.1845 $ 25.9400 $ 26.7182 $ 27.5198

Level 3.2 $ 25.8662 $ 26.6422 $ 27.4415 $ 28.2647

Level 4.1 $ 26.3217 $ 27.1114 $ 27.9247 $ 28.7625

Level 4.2 $ 26.9961 $ 27.8059 $ 28.6401 $ 29.4993

Level 5.1 $ 28.5885 $ 29.4462 $ 30.3296 $ 31.2395

Level 5.2 $ 29.2626 $ 30.1405 $ 31.0447 $ 31.9760

Level 6 $ 30.6629 $ 31.5828 $ 32.5303 $ 33.5062


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Classification structure

Level 1

Characteristics

Employees at this Level may include the initial recruit who may have limited relevant

experience. Initially work is performed under close direction using established practices,

procedures and instructions.

Such employees perform routine clerical and office functions requiring an understanding of

clear, straightforward rules or procedures and may be required to operate certain office

equipment. Problems can usually be solved by reference to established practices, procedures

and instructions.

Employees at this Level are responsible and accountable for their own work within established

routines, methods and procedures and the less experienced employees’ work may be subject

to checking at all stages. The more experienced employee may be required to give assistance

to less experienced employees in the same classification.

Typical duties/skills

Indicative typical duties and skills at this Level may include:

- Reception/switchboard, e.g. directing telephone callers to appropriate staff, issuing and

receiving standard forms, relaying internal information and initial greeting of visitors.

- Maintenance of basic records.

- Filing, collating, photocopying, etc.

- Handling or distributing mail.

- Recording, matching, checking and batching of accounts, invoices, orders, store

requisitions, etc.

- Simple stock control functions (e.g. responsible for maintenance of office stationary,

standard printed forms, tea room and amenities, etc.) within clearly established

parameters.

- Copy typing and the basic operation of keyboard and other allied equipment in order to

achieve competency as prescribed in Level 2.

- Patient contact functions with direct supervision.


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Progression from Level 1 (Paypoint 4) to Level 2 (Paypoint 1) classification shall be by

acquisition of appropriate skills and/or competencies and by appointment on merit to

vacancies.

Level 2

Characteristics

This Level caters for the employees who have had sufficient experience and/or training to

enable them to carry out their assigned duties under general direction.

Employees at this Level are responsible and accountable for their own work which is

performed within established guidelines. In some situations detailed instructions may be

necessary. This may require the employee to exercise limited judgement and initiative within

the range of their skills and knowledge.

The work of these employees may be subject to final checking and as required, progress

checking. Such employees may be required to check the work and/or provide guidance to

other employees at a lower Level and/or provide assistance to less experienced employees at

the same Level.



- Reception/switchboard duties as in Level 1 and in addition responding to enquiries as

appropriate, consistent with the acquired knowledge of UCH’s operations and services,

and/or where presentation, and use of interpersonal skills are a key aspect of the

position.

- Operation of computerised radio/telephone equipment, micro personal computer,

printing devices attached to personal computer, dictaphone equipment.

- Word processing, e.g. the use of a word processing software package to create, format,

edit, correct, print and save text documents, e.g. standard correspondence and business

documents.

- Copy typing and audio typing with accuracy and proficiency (i.e., 65 words per minute at

98% accuracy) including basic medical terminology typing.

- Maintenance of records and/or journals including initial processing and recoding relating

to the following:

o Reconciliation of accounts to balance;

o Incoming/outgoing cheques;

o Invoices;


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o Debit/credit items;

o Payroll data;

o Petty cash imprest system;

o Health fund checks; and

o Letters etc.

- Computer application involving use of a software package which may include one or more of

the following functions:

o Create new files and records;

o Spreadsheet/worksheet;

o Graphics;

o Accounting/payroll file; and

o Following standard procedures and using existing models/fields of information.

- Arrange routine travel bookings and itineraries, make appointments.

- Provide general advice and information on UCH’s services, e.g. front counter/telephone.

- Patient contact / customer service functions

o Use working knowledge of health insurance schemes;

o Use known routines and procedures;

o Have some accountability for quality of outcomes;

o Receive calls;

o Enter and retrieve data;

o Work in a team; and

o Manage own work under guidance.

Requires specific on-the-job training, may require formal qualifications and/or relevant skills

training or experience at Certificate III level e.g. Medical Terminology.


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Level 3

Characteristics

Employees at this Level have achieved a standard to be able to perform specialised or non-

routine tasks or features of the work. Employees require only general guidance or direction

and there is scope for the exercise of limited initiative, discretion and judgment in carrying out

their assigned duties.

Such employees may be required to give assistance and/or guidance (including guidance in

relation to quality of work and which may require some allocation of duties) to employees in

Levels 1 and 2 and would be able to train such employees by means of personal instruction

and demonstration.



- Prepare cash payment summaries, banking report and bank statements; calculate and

maintain wage and salary records in accordance with relevant industrial instruments;

follow credit referral procedures; apply purchasing and inventory control requirements;

post journals to ledger.

- Provide specialised advice and information on UCH’s services; respond to patient/patient

family/client/public/supplier problems within own functional area utilising a high degree

of interpersonal skills.

- *Apply one or more computer software packages developed for a micro personal

computer or a central computer resource to either:

o Create new files and records;

o Maintain computer based records management systems;

o Identify and extract information from internal and external sources; or

o Use of advanced word processing/keyboard functions.

- Arrange travel bookings and itineraries; make appointments; screen telephone calls;

respond to invitations; organise internal meetings on behalf of executive(s); establish

and maintain reference lists/personal contact systems for executive(s).

- *Application of specialist terminology/process:

o A working knowledge of health insurance schemes; and

o A comprehensive knowledge of medical terminology and typing at a standard of skill

required at this Level; and


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o Perform health fund eligibility and interpretation and communication.

- Entry-level clinical coder – a person who has completed an approved clinical coding

course in ICD-10-AM and who has recently entered the workforce and is training

towards being a competent Clinical Coder. A person who is an entry-level Clinical

Coder may remain at this Level for up to 2 years, depending on their hours of work

and the variety and complexity of the coding to be undertaken. To reach the Clinical

Coder level, the person will be assessed for their coding accuracy and throughput

across all of the specialties of the hospital.

- Patient contact / customer service functions

o Perform a broader range of skilled operations than Level 2;

o Exercise some discretion and judgement in the selection of contingency measures;

o Work within known time constraints;

o Provide advice for a range of services and difficult complaint enquiries;

o Exercise a limited amount of leadership over less experienced employees.

Requires substantial on-the-job training and may require formal qualifications at certificate

level and/or relevant skills training or experience e.g. recognised medical terminology and

clinical coding course.

An employee who holds a Certificate III or equivalent is to be classified at this Level when

employed to perform the functions defined.

*Note: these typical duties/skills may be either at Level 3 or Level 4 or Level 5 dependent

upon the characteristics of that particular Level.

Level 4

Characteristics

Employees at this Level will have achieved a level of UCH or technical or health industry

specific knowledge sufficient for them to give advice and/or information to the organisation,

patients, or clients in relation to specific area of their responsibility.

Employees at this Level are capable of functioning with a high level of autonomy, and

prioritising their work within established policies, guidelines and procedures.

They are responsible for work performed with a substantial level of accountability and

responsibility. They would require only limited guidance or direction and would normally

report to more senior staff as required.


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They possess administrative skills and problem solving abilities and exercise initiative,

discretion and judgement at times in the performance of their duties.

Whilst not a pre-requisite a principle feature of this Level is supervision of employees in lower

Levels in terms of responsibility for the allocation of duties, coordinating work flow, checking

progress, quality of work and resolving problems.

They are able to train employees in Levels 1 to 3 by personal instruction and demonstration.



- Secretarial/executive support services which may include the following: maintaining

executive diary; attending executive/organisational meetings and taking minutes;

establishing and/or maintaining current working and personal filing systems for

executive; answering executive correspondence from verbal or handwritten instructions.

- Able to prepare financial/tax schedules, calculating costings and/or wage and salary

requirements handling complex payroll and award interpretation inquiries; completing

personnel/payroll data for authorisation; reconciliation of accounts to balance.

- Advising on/providing information on one or more of the following:

o Employment conditions;

o Workers compensation procedures and regulations; and

o Superannuation entitlements, procedures and regulations.

- Comprehensive medical terminology at a standard of skill required at this Level.

- Clinical coder – a person who can code independently without constant supervision. In

addition to the requirements of an entry-level Clinical Coder, a Clinical Coder is expected

to:

o consistently achieve a high level of coding accuracy and be regularly audited for

accurate clinical coding;

o critically analyse the coding and AR-DRG information that is produced;

o understand the hospitals revenue model related to clinical coding and AR_DRG data;

o pursue clinical documentation deficiencies including liaison with financial and clinical

staff about documentation and clinical coding queries;

o understand statutory reporting required for clinical coding including data validation

requirements; and


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o monitor the health record for accuracies such as admission data and the health

record format.

To reach the Senior (Advanced) Clinical Coder level, the person will be assessed for their

coding accuracy and throughput across all of the specialties of the hospital and

corresponding complexity of AR-DRG mix for that hospital or allocation of case mix.

Note: A Clinical Coder may be classified either at Level 4 or Level 5 dependent upon the

characteristics of that particular Level and complexity of case mix of AR-DRG data.

- *Applying one or more computer software packages, developed for a micro personal


o Creating new files and records;

o Maintaining computer based management systems;

o Identifying and extract information from internal and external sources; or

o Using of advanced word processing/keyboard functions.

- Patient contact / customer service functions coordinator / team leader is employed to

o Perform a broad range of skilled applications;

o Evaluate and analyse current practices;

o Develop new criteria and procedures for performing patient service functions;

o Provide leadership in a team leader role and provide guidance to others in the

application and planning of skills;

o Rostering of staff; and

o Work with a high degree of autonomy and exercise authority to take decisions in

relation to specific customer/patient contact matters.

An employee who holds a Certificate IV or equivalent is to be classified at this Level when

employed to perform the functions defined.




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Level 5

Characteristics

Employees at this Level will have achieved an advanced level of UCH or technical or industry

specific knowledge sufficient for them to give advice and/or information to the organisation,

patients, or clients in relation to specific area(s) of their responsibility.

They would require only limited guidance or direction and would normally report to more

senior staff as required.

They are responsible and accountable for their own work; and may have delegated

responsibility for the work under their control or supervision, in terms of scheduling

workloads, resolving problems, resolving operations problems, monitoring the quality of work

produced as well as counselling staff for performance and work related matters.

They often exercise initiative, discretion and judgement in the performance of their duties.

They are able to train employees in Levels 1 to 4 by personal instruction and demonstration.



- Secretarial/executive support services which may include the following: maintaining

executive diary; attending executive/organisational meetings and taking minutes;

establishing and/or maintaining current working and personal filing systems for

executive; answering executive correspondence from verbal or handwritten instructions.

- Provide reports for management in any or all of the following areas;

o Account/financial;

o Staffing;

o Legislative requirements; and

o Other company activities.

- Advising on/providing information on one or more of the following:

o Employment conditions;

o Workers compensation procedures and regulations; and

o Superannuation entitlements, procedures and regulations.

- *Applying one or more computer software packages, developed for a micro personal



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o Creating new files and records;

o Maintaining computer based management systems;

o Identifying and extract information from internal and external sources; or

o Using of advanced word processing/keyboard functions.

- Medical terminology typing at a standard of skill and responsibility required at this Level.

- Clinical coder – a person who can code independently without constant supervision. In

addition to the requirements of an entry-level Clinical Coder, a Clinical Coder is expected

to:

o consistently achieve a high level of coding accuracy and be regularly audited for

accurate clinical coding;

o critically analyse the coding and AR-DRG information that is produced;

o understand the hospitals revenue model related to clinical coding and AR_DRG data;

o pursue clinical documentation deficiencies including liaison with financial and clinical

staff about documentation and clinical coding queries;

o understand statutory reporting required for clinical coding including data validation

requirements; and

o monitor the health record for accuracies such as admission data and the health

record format.

o To reach the Senior (Advanced) Clinical Coder level, the person will be assessed for

their coding accuracy and throughput across all of the specialties of the hospital and

corresponding complexity of AR-DRG mix for that hospital or allocation of case mix.

Note: A Clinical Coder may be classified either at Level 4 or Level 5 dependent upon the

characteristics of that particular Level and complexity of case mix of AR-DRG data.

- Senior (Advanced) Clinical coder – a person who has highly developed clinical coding

skills to accurately code complex cases; mentor, train and educate peers; and effectively

communicate with all levels of staff. In addition to the requirements of an Clinical Coder,

a Senior (Advanced) Clinical Coder is expected to:

o consistently achieve a greater level of coding accuracy;

o code all scenarios for the hospital including the ability to accurately code complex

cases;

o provide and interpret coded data for internal and external purposes;


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o mentor other Clinical Coders;

o Conduct quality activities;

o Provide education to other Clinical Coders and clinical staff;

o Undertake management and executive liaison and reporting in relation to clinical

coding; and

o Lead documentation improvement strategies.

Completion of intermediate and advanced clinical coding courses do not guarantee the

achievement of Senior (Advanced) Clinical Coder level, however they may assist a person

to reach this Level at a quicker rate (at either Level 5 or Level 6).

Note: A Senior (Advanced) Clinical Coder may be classified either at Level 5 or Level 6

dependent upon the characteristics of that particular Level and complexity of case mix

of AR-DRG data.

- Possesses well developed communication, interpersonal and/or arithmetic skills.

- Patient contact / customer services functions coordinator / team leader is employed to

o Perform a broad range of skilled applications;

o Evaluate and analyse current practices;

o Develop new criteria and procedures for performing patient service functions;

o Provide leadership in a team leader role and provide guidance to others in the

application and planning of skills;

o Rostering of staff; and

o Work with a high degree of autonomy and exercise authority to take decisions in

relation to specific customer/patient contact matters.

Employees at this Level will most likely require formal qualifications at Advanced Certificate or

Associate Diploma level and/or relevant skills, training or experience.



Level 6

Characteristics

Employees at this Level are subject to broad guidance or direction and would report to more

senior staff as required.


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Such employees will typically have worked or studied in a relevant field and will have achieved

a standard of relevant and/or specialist knowledge and experience sufficient to enable them

to advise on a range of activities and features and contribute, as required, to the

determination of objectives, within the relevant field(s) of their expertise. The work may

require the exercising of judgment and/or delegated authority in areas where precedents or

procedures are not clearly defined.

They are responsible and accountable for their own work; and may have delegated

responsibility for the work under their control or supervision, in terms of scheduling

workloads, resolving problems, resolving operations problems, monitoring the quality of work

produced as well as counselling staff for performance and work related matters.

They would also be able to train and to supervise employees in lower Levels by means of

personal instruction and demonstration. They would also be able to assist in the development

and delivery of training courses.

Independent action may be exercised at this Level e.g. developing procedures, management

strategies and guidelines. They often exercise initiative, discretion and judgement in the

performance of their duties.



- Apply detailed knowledge of UCH’s objectives, performance, projected areas of growth,

service trends and general private health industry conditions for the purposes of

assisting in developing policy or new services to meet changing market needs or other

circumstances.

- Application of computer software packages within either a micro personal computer or a

central computer resource including the integration of complex word

processing/desktop publishing, text and data documents.

- Ability to investigate, interpret or evaluate complex information where legislation,

regulations, instructions or procedural guidelines do not give adequate or specific

answers.

- Preparing reports for management in any or all of the following areas;

o Account/financial;

o Staffing;

o Legislative requirements; and

o Other significant company activities/operations.

- Medical terminology typing at a standard of skill and responsibility required at this Level.


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- Advanced clinical coding in a complex environment performing at a standard of skill and

responsibility at a higher level than Level 5. Capacity and responsibility to assist in the

delivery of training to new clinical coders and with audit responsibility.

- Senior (Advanced) Clinical coder – a person who has highly developed clinical coding

skills to accurately code complex cases; mentor, train and educate peers; and effectively

communicate with all levels of staff. In addition to the requirements of an Clinical Coder,

a Senior (Advanced) Clinical Coder is expected to:

o consistently achieve a greater level of coding accuracy;

o code all scenarios for the hospital including the ability to accurately code complex cases;

o provide and interpret coded data for internal and external purposes;

o mentor other Clinical Coders;

o Conduct clinical coding audits and quality activities and effectively provide feedback;

o Provide education to other Clinical Coders and clinical staff;

o Undertake management and executive liaison and reporting in relation to clinical coding;

and

o Lead documentation improvement strategies.

o Completion of intermediate and advanced clinical coding courses do not guarantee the

achievement of Senior (Advanced) Clinical Coder level, however they may assist a person

to reach this Level at a quicker rate (at either Level 5 or Level 6).

Note: A Senior (Advanced) Clinical Coder may be classified either at Level 5 or Level 6

dependent upon the characteristics of that particular Level and complexity of case mix

of AR-DRG data.

The possession of relevant post secondary qualifications may be appropriate but are not

essential.

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