RAMSAY HEALTH CARE WA LHMU Union COLLECTIVE AGREEMENT Clause CONTENTS Page No

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1 RAMSAY HEALTH CARE WA LHMU Union COLLECTIVE AGREEMENT 2008 Clause CONTENTS Page No 1. TITLE 2 2. PARTIES, AREA AND SCOPE 2 3. TERM 2 4. OPERATION 2 5. INTENT OF PARTIES 2 6. INTERPRETATION 3 7. DUTIES 4 8. SEPARATION 5 9. PROBATION TIME NOT WORKED RIGHT OF PERMANENT TRANSFER DISPUTE RESOLUTION PART-TIME PERMANENT RELIEF WORKER CASUAL EMPLOYEES HOURS OVERTIME ACCRUED TIME OFF ON CALL ALLOWANCE ROSTERS MEAL AND MEAL HOURS PAYMENT OF WAGES SHIFT AND WEEKEND WORK CALCULATION OF PENALTIES HIGHER DUTIES LAUNDRY AND UNIFORMS FARES AND MOTOR VEHICLE ALLOWANCE SUPERANNUATION OCCUPATIONAL SAFETY AND HEALTH ANNUAL LEAVE AND PUBLIC HOLIDAYS PUBLIC HOLIDAY LEAVE PERSONAL LEAVE LONG SERVICE LEAVE PARENTAL AND ADOPTION LEAVE COMPASSIONATE LEAVE TIME OFF WITHOUT PAY INTRODUCTION OF CHANGE AND REDUNDANCY TIME AND WAGES RECORD ANT-DISCRIMINATION PROVISION EDUCATION AND TRAINING LEAVE SALARY PACKAGING DEFERRED SALARY SCHEME OVERPAYMENTS JURY AND WITNESS LEAVE RECLASSIFICATION SIGNATORIES TO AGREEMENT 31 SCHEDULE A SALARIES 32 SCHEDULE B UNDERPINNING CONDITIONS 1

2 B1 Private Hospitals and Residential Aged Care (Nursing Homes) 42 Conditions B2 Enrolled Nurses and Nursing Assistants (Private) Conditions 81 B3 Nursing Assistant Conditions TITLE This Agreement shall be called the RAMSAY HEALTH CARE WA - LHMU UNION COLLECTIVE AGREEMENT PARTIES, AREA AND SCOPE The parties to the agreement to be Ramsay Health Care Pty Ltd trading as Hollywood Private Hospital (HPH), Joondalup Health Campus (JHC), Attadale Private Hospital(APH) and Glengarry Private Hospital (GPH) (herinafter RHC WA ) and the Liquor, Hospitality and Miscellaneous Union ) (herinafter union ) This agreement shall apply to and bind RHC WA and its employees at HPH, JHC, APH and GPH who are eligible for membership of the Liquor, Hospitality and Miscellaneous Union. 3. TERM The term of this Agreement shall be from the date of lodgement with the Workplace Authority and will nominally expire on 17 December Notwithstanding the above, this Agreement shall continue to operate until it is replaced in accordance with the provisions of the applicable legislation. 4. OPERATION (1) This Agreement replaces the following agreements: (a) (b) Ramsay Health Care LHMU Attadale, Glengarry and Joondalup Private Hospitals Union Collective Agreement 2006 and Ramsay Health Care LHMU Hollywood and Coastal Private Hospitals (Federal) EBA (2) The parties agree that this Agreement shall be read and interpreted in conjunction with the Schedules to the agreement. (3) Where there is any inconsistency between the terms of the Agreement and the terms of the schedules, this Agreement shall prevail to the extent of any inconsistency. 5. INTENT OF PARTIES (1)RHC WA is one of the largest Australian health care groups. In its dedication to continually raising the standard of patient care and attaining recognition for its overall professionalism, RHC WA recognises that the success of each hospital and the overall organisation is based upon its greatest asset - its people. Consistent with this philosophy, this agreement has an enterprise orientation that reflects: (a) The desire to implement work practices which provide for more flexibility of working arrangements to facilitate the efficient and effective satisfaction of customer needs and the highest level of patient care; 2

3 (b) A focus on the continuous improvement of our standard of care and services; (c) The development and maintenance of the most productive and harmonious working relationship obtainable between staff and the management of RHC WA; (d) The fostering of a work culture which values participation of staff in day to day decision making, employee empowerment and a team spirit; (e) The need to enhance skills and job satisfaction and generally assist in the development of all staff to their full potential; (f) The desire to reward and retain current staff and attract new staff where appropriate. 6. INTERPRETATION In this Agreement; "Accrued Time Off" means paid time off accruing to an employee resulting from an entitlement to the 40-hour week; "ASAPO" means Australian Society of Anaesthetics Paramedical Officers. "By Agreement" means that where the provisions of this Agreement provide they may be varied by agreement between RHC WA and the employee, agreement shall not be deemed to have been reached unless freely entered into by both parties with full understanding of the effect of such agreement. Withholding agreement shall not disadvantage an employee. Where the hospital seeks such agreement with an employee, that employee shall be made aware of his/her right, and given reasonable opportunity, to contact and seek representation. "Casual Employee" means an employee, other than an Enrolled Nurse, engaged for a period of less than one month. Applicable to JHC, APH and GPH only. "Casual Enrolled Nurse" means an Enrolled Nurse who is engaged on an hourly basis who does not appear regularly on the roster and does not work regular shifts. Applicable to JHC, APH and GPH only. "Fixed Term Contract" includes a contract of employment in which an employee is engaged for the duration of a project or for a specific period of time. Nothing in this subclause shall restrict the right of RHC WA or the employee to terminate the engagement within the specified term in accordance with the provisions of Clause 7 Separation. "Maintenance Level 1" means an employee whose principal duties consist of maintenance, servicing and repairs of a minor nature to fitments, equipment, buildings or furniture and may include general yard, grounds, cleaning and rubbish removal duties or assisting a tradesperson. "Maintenance Level 2" means an employee whose principal duties require the use of skills above and beyond those of a employee at Level 1. Duties at Level 2 may include repair and maintenance of equipment, buildings and building services; learning, recording and understanding daily log readings and any other duties as required which do not involve tradesperson or equivalent specialist skills. "Nursing care" means: 3

4 (i) giving assistance to a person who is unable to maintain his/her bodily needs without frequent assistance, or (ii) carrying out tasks which are directly related to the maintenance of a person's bodily needs where that person is unable to carry out those tasks for him/herself, or (iii) assisting a person [registered pursuant to the provisions of the Nurses Act 1992 (WA)] to carry out the work described in paragraphs (i) or (ii) or any other work directly related to a persons care. Ordinary Hourly rate (i) the ordinary hourly rate of an employee who accesses accrued time off pursuant to clause17 will be calculated dividing the base weekly rate by 40. (ii) the ordinary hourly rate of an employee who does not accrue time off pursuant to clause 17 will be calculated by dividing the base weekly rate of pay by 38. "Ordinary time earnings" includes the ordinary rate and shift and weekend penalties. "Part-time" means an employee who is regularly employed to work less hours than those prescribed for full time employees; "Permanent Relief Worker" means an employee who is employed on a permanent contract of employment pursuant to clause 14 but who has no minimum hours or guarantee of hours or shifts. "Patient Care Assistant / Nursing Assistant" means an employee, other than one registered pursuant to the provisions of the Nurses and Midwives Act 2006 or one who is in training for the purpose of such registration, whose substantial employment in terms of the purpose to be achieved by it is the provision of nursing care to persons. "Public Holiday" means all Public Holidays as gazetted under the Public and Bank Holidays Act 1972; "Enrolled Nurse" means a Enrolled Nurse who is registered in Division 2 as an Enrolled Nurse under the Nurses and Midwives Act 2006 Schedules means schedules A and B of this agreement. "Temporary Employee" means an employee engaged for a specific period not exceeding 12 months or a Casual Employee whose employment extends to a month or more. A Temporary Employee shall accrue and be paid all the benefits prescribed by this Agreement for time worked as if that employee was permanently employed; "Union" means the Liquor Hospitality and Miscellaneous Union; "Year of employment" for the purpose of this Agreement shall mean all service whether full time or part time and regardless of the class of work with RHC WA. Such service shall be calculated in periods of calendar years from the date of commencement of work with RHC WA and shall be by automatic progression,unless otherwise prescribed in the classification structure in Schedule A of this agreement, subject to satisfactory service. 7. DUTIES Each employee is required to work in accordance with his/her duty statement and RHC WA's policies and procedures. RHC WA may direct the employee to carry out such duties as are within the limits of the employee's skill, competence or training provided that such duties are not designed to promote deskilling. 4

5 8. SEPARATION (1) RHC WA Giving Notice (a) The contract of service may be terminated by RHC WA only by giving to the employee the required period of notice in writing and the contract shall expire at the end of that period of notice. (b) The required period of notice shall be: Employee's period of continuous Service with RHC WA Not more than 3 years More than 3 years but not more than 5 years More than 5 years Period of notice 2 weeks 3 weeks 4 weeks The required period of notice is increased by one week if the employee is over 45 years old and has completed at least 2 years continuous service with RHC WA. (c) Provided that payment in lieu of the required period of notice shall be made by RHC WA if the required notice is not given. RHC WA may terminate the contract of service by providing part of the required notice and payment in lieu of the balance. (2) Employee Giving Notice (a) The contract of service may be terminated by the employee on any day by giving to RHC WA two weeks notice in writing and the contract shall expire at the end of that period of notice. (b) If an employee fails to give the required notice or leaves during the notice period, RHC WA may, at its discretion, deduct from any monies due to the employee, an amount equal to ordinary time earnings for the period of notice not given. (3) The employee and RHC WA may agree in writing to vary or dispense with the period of notice prescribed in this clause. (4) Nothing in this clause affects RHC WA's right to dismiss an employee without notice for serious misconduct that justifies instant dismissal. (5) Certificate of Service Where an employee whose service terminates requests a certificate of service, a certificate signed by RHC WA stating the name of the employee, the period of service, whether the service was full time or part time and the classifications in this Agreement in which work has been carried out, shall be provided. 9. PROBATION The first three months of employment will be on a probationary basis during which time, and notwithstanding the provisions of Clause 8 - 'Separation', either party may terminate the contract by giving one weeks notice in writing or payment for forfeiture in lieu thereof. RHC WA shall provide the employee with an appraisal of his or her performance during the probationary period. 10. TIME NOT WORKED 5

6 The employee shall not be entitled to payment for any period of unauthorised absence. 11. RIGHT OF PERMANENT TRANSFER The employee shall be required to comply with any reasonable request to transfer to another position within RHC WA at the employee's appointed classification. Where the employee believes the proposed transfer is not reasonable, the employee may use the provisions of Clause 12 - 'Dispute Resolution' to resolve their issues with RHC WA's request. 12. DISPUTE RESOLUTION (1) Any matter of dispute raised by RHC WA or employee shall be settled in accordance with the following procedure: (a) (b) (c) (a) (e) As soon as practicable after the dispute has arisen, it shall be considered jointly by the appropriate supervisor, the employee or employees concerned and where requested, by the employee representative. If the dispute cannot be resolved at this level after 2 working days, it should be referred to the appropriate senior representative of RHC WA, the employee or employees concerned and where requested, by the employee representative. If the dispute is not resolved it shall be considered jointly by the appropriate senior representative of RHC WA, the employee or employees concerned and, where requested, by the employee representative and if possible resolved within 5 working days. If the dispute is not resolved at subclause (1)(b), it shall be considered jointly by RHC WA, the employee concerned and, where requested, by an employee representative and if possible resolved within 7 working days. Should the matter remain in dispute after the above processes have been exhausted, either party may refer the matter to the Australian Industrial Relations Commission for conciliation and if necessary arbitration. If arbitration is necessary, the Commission may exercise the procedural powers in relation to hearings, witnesses, evidence and submission which are necessary to make arbitration effective and may take all necessary action to resolve the dispute. (2) Arbitration will be considered binding on both parties. (3) Disputes in relation to work performance will unless otherwise determined by the relevant RHC WA Director be dealt with through the performance management process. (4) The status quo (i.e. the conditions applying prior to the issue arising) will remain until the matter is resolved in accordance with the process outlined above for JHC, APH and GPH sites only. 13. PART-TIME (1) (a) Except as provided in subclause (c), a part-time employee shall be remunerated at a weekly rate pro rata to the rate prescribed for the class of work on which he/she is engaged in the proportion which his/her ordinary weekly hours averaged over the qualifying period, bears to 40. 6

7 (b) Except as provided in subclause (c), a part-time employee shall be allowed all leave in the same manner as full time employees. Payment for such leave shall be in the same ratio as his/her ordinary weekly hours, averaged over the qualifying period, bears to 40. (c) Where a part-time employee is not in receipt of accrued time off the divisor shall be 38. (2) A part-time employee will be engaged for a guaranteed minimum number of hours each fortnight. (3) A part-time employee may, by agreement, work additional hours subject to the limits of full time employees outlined in Clause 16 - 'Hours'. (4) All part-time employees at HPH and Enrolled Nurses employed at JHC, APH and GPH who opt to work additional hours can elect to have those additional hours paid as follows: (a) (b) (c) (d) Ordinary rate of pay and accrue all leave entitlements on additional hours; or Hourly rate of pay utilising a divisor of 1/38, or 1/40 in the case of the employee accessing accrued time off pursuant to clause 18 Accrued Time Off of this Agreement, plus a loading of 20% in lieu of entitlements. Employees will be required to elect which arrangement shall apply annually during the period of the agreement. Such election will be maintained for a period of twelve months. Where the employee elects to be paid in accordance with subclause 13(4)(b), the additional hours will be taken into consideration for the review provided in subclause 13(6). (3) Additional hours for part-timers will be offered without consideration by RHC WA to which choice an individual has made pursuant to subclause (3) of this clause. (4)Where an employee regularly works extra hours in addition to those specified in their contract, the employee can request a review of their minimum contracted hours. Applicable to JHC, APH and GPH only. (5) Where these additional hours have been assigned to an employee on a regular basis, the employee's contract of employment shall be varied, at the written request of the employee, to ensure the contract reflects the hours being worked by the employee. Applicable to JHC, APH and GPH only. (6) However, any additional hours an employee has worked for reasons unlikely to reoccur, such as maternity leave, relief shall not be counted for the purpose of establishing future contracted hours. 14. PERMANENT RELIEF WORKER (1) A Permanent Relief Worker (PRW) is employed on a no fixed hours basis and is not guaranteed any shifts. The PRW's appointment is subject to the satisfactory completion of a three-month probationary period. The PRW will have the right to refuse any offered shifts. (2) PRWs will be paid an hourly rate of pay as specified for the relevant classification and will accrue entitlements to all leave on a pro rata basis that is accrued by a full time employee under this agreement. (3) PRWs will receive an entitlement to paid parental leave subject to reaching the same qualifying period and conditions of a full time employee. Paid hours will be based on the average fortnightly hours worked by the PRW in the 26 completed pay periods preceding commencement of parental leave. 7

8 (4) PRWs will be paid according to the 38-hour divisor and as such will not be eligible to accrue Accrued Time Off. (5) At no time shall more than five per cent of all employees covered by this Agreement be employed subject to this provision. 15. CASUAL EMPLOYEE This clause is applicable to JHC, APH and GPH only. (1) Casual Employee means an employee, other than an Enrolled Nurse, engaged for a period of less than one month. Where the employment continues beyond one month he/she shall be deemed to be a temporary employee from the end of that month. (2) Casual employees shall be paid at the rate of 20 per cent in addition to one thirty eighth (1/38) of the weekly rates herein prescribed for their class of work. (3) A casual employee shall be engaged on an hourly contract of service. (4) Prior to the engagement of Casual Employees, additional hours up to thirty-eight (38) per week shall be offered to existing Part Time Employees, followed by Permanent Relief Workers. (5) Should permanent staff vacancies arise, provided that Permanent Relief Workers do not wish to take up the positions, Casual Employees will have access to apply for the position and every endeavour will be made to place people who are seeking permanent work in a permanent position. (6) The contract of service of a Casual Employee may be terminated by either party giving one hours notice or by payment or forfeiture as the case may be in lieu of notice. 16. HOURS (1)(a) Ordinary hours of work shall not exceed 80 hours per fortnight for those employees who accrue time off in accordance with clause 17- Accrued time off. (b) Provided that the ordinary hours of work for an employee who does not accrue time off in accordance with Clause 17 - 'Accrued Time Off' shall not exceed 76 hours per fortnight. (2) Ordinary hours may be worked over any day of the week, Monday to Sunday inclusive, and shall be arranged by RHC WA to meet its needs. (3)(a) Ordinary hours shall not be worked over more than 10 days in a fortnight. (b) An employee shall where practicable, or unless otherwise by agreement, be allowed two consecutive days off duty each week. (c) An employee shall not be rostered to work on more than six consecutive days unless otherwise by agreement. (4) An employee shall not be rostered to work less than three hours or more than 10 ordinary hours in any shift provided that this may be extended to 12 ordinary hours by written agreement between the employee and RHC WA. (5) The roster shall in each case provide for a minimum 10-hour break between shifts except for enrolled nurses who may be rostered after a minimum 9-hour break. 8

9 (6) Broken shifts shall not be rostered but may be worked where an employee is called in to work at short notice either by agreement or as a result of being placed on call. (7) Where an employee is required to travel as part of his/her duty such traveling time shall be considered as part of his/her working time. (8) RHC WA shall ensure that each employee has a written contract of employment specifying the guaranteed minimum hours the employee will be engaged to work each fortnight. (9) Nothing in this clause will prevent other arrangements being considered by the parties provided that the variation would not create any occupational safety and health issues. This subclause is applicable to HPH only. 17. OVERTIME (1) Overtime shall mean all time worked beyond or in excess of the ordinary hours prescribed in Clause 15 - 'Hours' of this Agreement. Overtime shall be paid at the rate of time and one half for the first two hours and double time thereafter. Such rates shall be calculated on an employee's ordinary hourly rates. (2) Where an employee is required to work on a rostered day off, all time worked shall be at double time. (3) In lieu of payment for overtime, and by agreement between the employee and RHC WA, time off equivalent to the time worked may be granted when overtime is occasioned through the failure of another employee to report for duty. (4) An employee who has completed his/her usual hours of duty and has left the job and who is recalled to work after the usual ceasing time shall be paid a minimum of three hours at overtime rates. (5) When overtime work is necessary the employee shall, wherever it is reasonably practicable to arrange, have at least 10 consecutive hours off duty between working successive days, except for Enrolled Nurses, who shall, wherever it is reasonably practicable to arrange, have at least 9 hours off duty between working successive days. (6) Wherever an employee has not received a break of 10 consecutive hours off duty, or in the case of an Enrolled Nurse 9 consecutive hours off duty between the work of successive days, the employee shall be entitled to payment at overtime rates until he/she has had the required 10 or 9.hours off duty. (7) The working of overtime will be by mutual consent provided that in emergency situations RHC WA shall have the right to require staff to work reasonable overtime. (8) Guidelines for use of overtime: (a) Staff will not be permitted to work in excess of a total of 90 hours per fortnight (including normal rostered hours) unless in extreme circumstances. (b) Additional hours will be made available to employees in the following order: (i) Part time staff will be given the option to work additional hours; (ii) Work will be offered to the Permanent Relief Worker; (iii) Work will be offered to Casual Employees (iv) Full time staff will be offered overtime. 9

10 (9) RHC WA reserves the right to refuse requests for overtime from staff who have a sick leave record that is of concern to RHC WA or if there are any risks from an Occupational Health and Safety perspective. 18. ACCRUED TIME OFF (1) Entitlement (a) A full time employee (other than a permanent relief worker) shall accrue an entitlement to time off at the rate of 8 hours for each month. A part time employee shall accrue a pro rata entitlement in the same ratio as his/her ordinary weekly hours, averaged over the month, bears to 40. (b) An employee shall not accrue an entitlement to time off during: The first 4 weeks of annual leave; Any period of annual leave cashed out; Long service leave; Any period of unpaid leave; or any absence on workers compensation leave in excess of one calendar month. Accrual shall continue during any other period of leave (including any additional annual leave) prescribed by this Agreement. (2) Taking Accrued Time Off (a) HPH Employees Where an employee has accrued a sufficient entitlement, the accrued time off will be rostered as a single day absence either in the month of, or in the month following, the accrual. Alternatively an employee may, by agreement in writing with RHC WA, be paid twice yearly (July and December), unless otherwise agreed, for all the accrued time off standing to his/her credit in lieu of taking the time off. (b) JHC, APH and GPH employees Where an employee has accrued a sufficient entitlement, the accrued time off will be rostered as follows: (i) in a minimum period of one week made up of five consecutive Accrued Days Off in conjunction with a period of annual leave; or (ii) as single day absences at a time suitable to RHC WA and subject to 48 hours' clear notice being given to the employee; or (iii) as single day absences or as a block of any number of days at a time or times mutually acceptable to RHC WA and the employee; or (iv) in periods of less than one day/shift or less at RHC WA or employee's request and subject to mutual agreement, provided that in such a case the period of time off work shall be taken from the commencement of the employee's normal rostered shift or up to the conclusion of the employee's normal rostered shift. 10

11 (v) Alternatively an employee may, by agreement in writing with RHC WA, be paid twice yearly, (July and December) unless otherwise agreed, for all the accrued time off standing to his/her credit in lieu of taking the time off. (vi) RHC WA and employee may, by agreement, substitute a rostered accrued day off for an alternative rostered accrued day off, in which case the accrued day off shall become an ordinary working day. (3) Rate of Pay Accrued Time Off shall be paid at the ordinary hourly rate. (4) Termination An employee who at the time of termination has accrued time off to his/her credit shall be paid for those hours at ordinary rates. (5) Pay Out of Entitlements When an employee proceeds on parental leave, RHC WA may pay the employee for any accrued time off then standing to his/her credit. (6) An employee may be paid a rate of pay using a divisor of 38 hours per week in lieu of the provisions of this clause: (a) (b) Where the employee works no more than 32 hours per fortnight or four shifts per fortnight at HPH; or no more than 20 hours per fortnight at JHC, APH and GPH he/she will not accrue an entitlement to accrued time off. At the request of the employee. Such request shall remain in force for the period of employment, provided that it can be revoked by agreement between RHC WA and employee. 19. ON CALL ALLOWANCE (1) Employees who are rostered to make themselves available to return to work shall receive a payment of $5.50 per hour while they are on call. (2) In the event that the employee is re-called to work, the allowance is not payable for the period that the employee is actually working. Instead, employees recalled to work will receive payment for overtime in accordance with this Agreement for a minimum period of three hours. 20. ROSTERS (1) A roster of working hours shall be posted in a convenient place where each employee concerned can readily see the roster. (2) The roster shall be posted, where practicable, at least 7 days before it comes into operation and may only be altered where practicable by 48 hours notice but not less than 24 hours notice. (3) Should the employee agree, at the request of RHC WA, to change a rostered shift with less than 24 hours notice, the employee will be paid any penalties he/she would have received had the change in rostered shift not occurred. This will not apply when the employee has requested a change in a rostered shift or when a shift is swapped between employees at the employees s own request. 11

12 (4) Ramsay supports the principles of self-rostering within the parameters of each units operational requirements. 21. MEAL AND MEAL HOURS (1)(a) Meal breaks shall be a minimum of 30 minutes and a maximum of one hour, other than by agreement, and subject to subclause (2) of this Clause shall not be counted as time worked. (b) The employee shall not be required to work for more than 5 hours consecutively, or 6 hours consecutively by agreement, without a meal break. (2) Where the employee is required to be on duty or available at RHC WA during his/her meal break, the employee shall be paid at ordinary rates. Provided that the time when the employee is on duty or available but not working shall not be counted as time worked for the purposes of Clause 16 - 'Overtime'. (3) One fifteen (15) minute or two seven (7) minute tea breaks shall be allowed during each shift and shall be taken when convenient to RHC WA without deduction of pay for such time. (4) An employee who has not been notified the previous day or earlier that he or she is required to attend work at a time when a meal is usually taken shall be provided with such a meal. (5)Night staff who are required to be on duty or available at RHC WA during his/her meal break shall be paid an allowance of $4.28 in lieu of the provision of a meal. This allowance will be increased in line with pay increases under this agreement. 22. PAYMENT OF WAGES (1)(a) Wages shall be paid fortnightly by electronic funds transfer into one or two accounts nominated by the employee held at any major bank, building society or credit union. Any costs associated with the establishment by the employee of such an account and of the operation of it shall be borne by the employee. (2) Where payment is not made within the nominated time and the problem is within the control of RHC WA it shall be rectified within 24 hours of being brought to attention by the employee either by payment by the usual means or by the provision of cash or cash cheque for an amount equivalent to the normal wages. Overtime rates shall apply for duty performed beyond a 24-hour delay until the problem is rectified. (3) Each employee shall be provided with a pay advice slip on each day that wages are paid. The pay advice slip shall detail: (a) The name of the employee; (b) The classification of the employee in accordance with the Agreement under which he or she is employed; (c) The date on which the payment to which the pay slip relates is made; (d) The period of days to which that payment relates; (e) If the employee is paid at an hourly rate of remuneration: 12

13 (i) the ordinary hourly rate; and (ii) the number of hours in that period for which the employee was employed at that rate; and (iii) the amount of the payment made at that rate. (f) If the employee is paid at another hourly rate of remuneration in addition to the ordinary hourly rate: (i) that other rate, or those other rates, of remuneration; and (ii) the number of hours in the period for which the employee was employed at the other rate or rates; and (iii) the amount of the payment made at the other rate or rates; (g) If the employee is paid at an annual rate of remuneration - that rate as at the latest date to which the payment relates; (h) the gross amount of the payment; (j) the net amount of the payment; (k) any amount included in the net amount of the payment that is by way of an allowance; (l) the following details of each amount deducted from the gross amount of the payment; (i) the purpose of each deduction; or (ii) the name, or the name and number, of the fund or account into which the amount of the deduction was paid; (m)superannuation (i) the amount of each contribution made for the benefit of the employee during the period to which the pay slip relates; and (ii) the name of the fund to which that contribution was made. (n) the amount of accrued time off standing to the credit of the employee; (o) the composition of any annual leave payment; (p) the composition of any termination payment. (4) No deductions shall be made from an employee's wages unless the employee has agreed to such deduction in writing, or the deduction is authorised by this Agreement. (5) Termination Payment Upon termination of employment, RHC WA shall pay to the employee all monies earned by or payable to the employee before the employee leaves RHC WA or the same shall be forwarded to the employee by post on the next working day following termination. Provided that: 13

14 (a) Where the employment is terminated without notice in accordance with Clause 8 - 'Separation' RHC WA shall, as soon as reasonably possible, forward by post all monies earned by or payable to the employee; (b) By agreement the monies earned by or payable to the employee may be paid by electronic funds transfer into the employee's account(s). 23. SHIFT AND WEEKEND WORK (1) A loading of 15% of the ordinary wage shall be paid for the time worked on afternoon shift as defined hereunder. (i) "Afternoon shift" commences between noon and 6.00 pm and finishes at or after 6.00 pm. (ii) "Night shift" commences after 6pm and finishes after midnight. (2) Permanent afternoon shift staff shall receive a loading of 18.75% and are not eligible for an additional weeks leave. Permanent night shift staff shall receive a loading of 20% and are not eligible for an additional weeks leave. (3) An employee shall be paid for ordinary hours worked on a weekend, i.e. between midnight on Friday and midnight on Saturday, at the rate of time and one half and between midnight on Saturday and midnight on Sunday at the rate of time and three quarters. 24. CALCULATION OF PENALTIES Where the employee works hours which would entitle him or her to payment of more than one of the penalties payable in accordance with the overtime, shift and weekend penalties, or public holiday provisions of this Agreement, only the highest of any such penalty shall be payable. 25. HIGHER DUTIES (1) An employee who is capable of performing and does perform all duties of a position which attracts a higher rate of pay than that which he or she usually performs shall be entitled to the higher rate whilst so engaged. (2) Where an employee performs some, but not all, of the duties of a position, the employee will be paid a rate of pay which is less than the rate the higher position normally attracts which shall be determined by agreement between RHC WA and the employee. (3) Provided that payment for higher duties shall not apply to an employee required to act in another position whilst the permanent employee is on a single Accrued Day Off as prescribed by Clause 17 - 'Accrued Time Off' of this Agreement. 26. LAUNDRY AND UNIFORMS (1)(a) (i) Where RHC WA requires a uniform to be worn, four such uniforms shall be made available for use by each employee. Adequate provision will also be made for employees required to work in cold areas of RHC WA. (ii) Provided that a part time employee working three shifts or less each week shall be supplied with an equivalent number of uniforms to the average number of shifts worked in each week. 14

15 (iii) A Permanent Relief Worker will be supplied with an equivalent number of uniforms to the average hours worked over a twelve-month period. (b) Uniforms provided by RHC WA shall at all times remain the property of RHC WA and must be returned to RHC WA on termination. A failure to return RHC WA uniforms may lead to a delay in the processing of any termination payment and to RHC WA deducting the cost of the uniforms from any monies owing to the employee. (c) Uniforms shall not be worn other than in the course of, and in travelling to and from, employment. (2) (a) In lieu of the provision of uniforms, RHC WA shall pay an allowance of $4.27 per week. The allowance shall be paid pro-rata to part-time employees in the proportion that the number of ordinary hours worked each fortnight bears to 80. (b)this allowance will be increased in line with pay increases under this agreement. (3) Employees shall meet all costs and responsibilities associated with laundering uniforms. The additional payment prescribed in Schedule A includes an amount to compensate for this requirement. (4) Employees shall be responsible for the provision of appropriate clean and safe footwear. (5) The provisions of this Clause shall not detract from RHC WA's obligation pursuant to Section 19 of the Occupational Health and Safety Welfare Act 1984 to provide employees with adequate personal protective clothing and equipment where it is not practicable to avoid the presence of hazards at the workplace. 27. FARES AND MOTOR VEHICLE ALLOWANCE (1) An employee required to work outside RHC WA during his or her normal working hours shall be paid any reasonable travelling and accommodation expenses incurred provided that travelling expenses shall not be paid where an allowance is paid in accordance with subclause (2) hereof. (2) An employee required and authorised to use his or her own motor vehicle in the course of his duties shall be paid an allowance of not less than 69 cents per kilometre. (3) The rate prescribed in subclause (2) shall be adjusted from the first pay period commencing on or after 1 July each year to reflect increases in the CPI Index for Transportation- Private Motoring (Perth) for the previous 12 months. (4) Nothing in this clause shall prevent RHC WA and the employee making other arrangements as to car allowance not less favourable to the employee. 28. SUPERANNUATION (1) RHC WA shall contribute on behalf of the employee in accordance with the requirements of the Superannuation Guarantee (Administration) Act (2) RHC WA shall initially contribute an amount equal to 9% of the employee's ordinary time earnings and shall thereafter increase the level of contribution in accordance with the provisions of the Superannuation Guarantee (Administration) Act (3) Contributions shall be paid into the Health Employee's Superannuation Trust Australia Fund (HESTA) or any other alternative fund provided it complies with the requirements of the 15

16 Superannuation Guarantee (Administration Act 1992.) If the employee fails to nominate an alternative fund payment will be made to the Employee's Superannuation Trust Australia Fund (HESTA). (4) Contributions shall be paid monthly. 29. OCCUPATIONAL SAFETY AND HEALTH (1) RHC WA takes seriously its obligation to conduct all activities, as far as practicable, to achieve a safe and healthy working environment for staff, patients and the general community. (2) Consistent with the requirements of the Occupational Safety and Health Act 1984 (WA), RHC WA will continue to encourage, and do what is reasonably possible, to maintain a safe working environment. This will be achieved by the recognition and removal of hazards and by the provision of appropriate policies and procedures. (3) RHC WA will provide necessary protective clothing and equipment and training to enable the employee to carry out his/her duties in a safe and healthy manner and to enable hazards to be avoided. (4) RHC WA will establish and maintain an Occupational Safety and Health Committee, which includes elected employee representatives. The process for nomination and election of employee representatives will be in accordance with the relevant Occupational Safety and Health legislation. RHC WA will consult with representatives of that committee and employees and, where requested, their representatives as necessary to maintain a safe and healthy working environment. RHC WA will provide appropriately accredited training for elected representatives. 30. Annual Leave Entitlement (1)(a) Each employee shall after the completion of each 12 months continuous service be entitled to four consecutive weeks annual leave. Eligible employees may also be entitled to additional annual leave because of shift work arrangements, up to a maximum of one week. in accordance with subclauses 30(2) (b) The entitlement accrues pro rata on a weekly basis. (c) In paragraph (a), "service" shall not include any period of unpaid leave other than the first 3 months of unpaid personal leave and the first month of workers' compensation leave. Shift Work (2)(a) An employee who in each roster period rotates afternoon and/or night shift with day shift shall be granted an additional 5 days annual leave. (b) An employee whose shifts are not subject to regular rotation shall accrue one additional days annual leave (to a maximum of 5 days) for each 30 afternoon or night shifts worked. (c) An employee shall be paid for any period of leave prescribed by this subclause in accordance with subclause (11)(a) hereof. Compaction of Annual Leave (9) An employee who was employed continuously on both a full-time and part-time basis, or a part-time basis only, may elect to take a lesser period of annual leave calculated by converting the part-time service to equivalent full-time service provided that such compaction does not reduce the annual leave entitlement below four weeks. 16

17 Such election is to be made in writing by the employee and approved by RHC WA. Cashing In of Annual Leave (10)An employee will be allowed to cash in up to 50% of his/her annual leave balance provided that a minimum of four weeks leave is maintained for the taking of actual leave. Annual Leave Rate of Pay (11)(a) The employee shall be paid for any period of annual leave prescribed in this clause at their ordinary hourly rate plus the following: Any shift and weekend penalties which the employee would have received had the employee not proceeded on annual leave or A loading of 17.5% in respect of all periods of annual leave whichever is the greater. (b) Where it is not possible to calculate the shift and weekend penalties the employee would have received, the employee shall be paid at the rate of the average of such payments made each week over the four weeks prior to taking the leave. ( c ) An employee on higher duties for a period of four consecutive weeks or less at the time of taking the leave shall be paid at the ordinary rate of wage the employee would have received had he/she not been on higher duties. Timing of Payment (12) The employee is to be paid for a period of annual leave at the time payment is made in the normal course of employment, unless the employee requests in writing that he or she be paid before the period of leave commences in which case the employee is to be so paid. Provided that, where annual leave is paid in advance, payment for time worked may be adjusted in the pay period following the period of annual leave. Taking Annual Leave (13)(a) The employee may, with the approval of the employer, be allowed to take the annual leave prescribed by this clause before the completion of twelve month's continuous service. (b) The annual leave prescribed in this clause may be split into portions by mutual agreement between the employer and the employee. (c) When the employee requests that the annual leave be split into portions the employer shall make every reasonable endeavour to accommodate the wishes of the employee. (d) Where an employee has accrued more than two years annual leave entitlement, RHC WA may direct the employee to take up to a quarter of that annual leave accrued. (e)rhc WA must give the employee 2 weeks notice before directing an employee to take leave pursuant to this clause. (e) RHC WA shall give the employee at least 2 week's notice of the period of time when it will be convenient to the employer for the employee to take the leave pursuant to this clause.. Termination 17

18 (14) If an employee's employment terminates, the employee shall be paid a pro rata entitlement (at the rate prescribed by subclause (10) hereof) in respect of each completed week of service for which annual leave has not already been taken. Provided that: (a) Leave loading shall not apply to pro rata leave on termination but shall apply (in accordance with subclause (10) hereof) to leave resulting from a completed year of service. (b) Employees to whom subclause (2) hereof applies shall be paid for such additional days leave as have accrued under that subclause at the date of termination. 31. PUBLIC HOLIDAY LEAVE (1)(a) An employee (other than an employee employed regularly in a non-client related position including gardener, maintenance employee and storeperson) shall be entitled to 10 days public holiday leave. (b)where an employee covered by this subclause is rostered to work on a public holiday or day observed in lieu thereof, he or she shall be entitled to ordinary rates of pay and a loading of 50% for the actual time worked. (c) Employees who observe public holidays as they occur and who would have worked an afternoon or night shift on the public holiday, shall be paid their normal shift penalty for that day as per Clause 23 Shift and Weekend Work. (2)(a) An employee employed regularly in a non client related position, including gardener, maintenance employee and storeperson, who is not required to work on any public holiday, or day observed in lieu thereof, shall be entitled to a day's leave without deduction of pay. (b) An employee employed regularly in a non client related position, including gardener, maintenance employee and storeperson, who is required to work on a public holiday, or day observed in lieu thereof, shall be entitled to ordinary rates of pay and a loading of 50% for the actual time worked together with an equivalent period of time off to be added to the period of annual leave. (3)(a) RHC WA has the right to roster staff off for up to 5 single days from public holiday entitlement to suit operational requirements. Rostering staff off for up to 5 single days is not confined to Public Holidays but will also apply to facilitate periods of low activity. (b) Rostering staff off in accordance with subclause 5(a) above will wherever possible be done on a voluntary basis in the first instance and will be monitored to ensure it is conducted in a fair and equitable manner. Staff, where possible, will be given the opportunity to work in other areas of the hospital in preference to being rostered off. (c) RHC WA will give at least two weeks notice of its intention to roster a staff member off on a public holiday and at least one weeks notice of its intention to roster a staff member off to facilitate a period of low activity. (d) Rostering for up to 5 single days would commence from January to December each year for the period of this agreement and on a pro rata basis from the date of registration of the agreement. Public Holiday Occurring During Annual Leave (6) An employee shall be entitled to a day's leave in lieu of a public holiday, without deduction of pay, in respect of a public holiday which occurs during the employee's annual leave. 18

19 Day Observed in Lieu of Public Holiday (7) Where any public holiday prescribed by this Agreement falls on a Saturday or a Sunday, such holiday shall be observed on the next succeeding Monday and where Boxing Day falls on a Sunday or Monday, such holiday shall be observed on the next succeeding Tuesday. Provided that: (a) A day observed in lieu of the holiday may be appointed by proclamation published in the Gazette under the Public and Bank Holidays Act 1972; (b) Another day may be observed in lieu of the holiday by agreement between the employee and the hospital. 31. PERSONAL LEAVE (1) In this clause immediate family shall include: (a)a spouse, child, parent, grandparent, grandchild or sibling of the employee; (b)a child, parent, grandparent, grandchild or sibling of a spouse of the employee. (2) A full time employee shall accrue 10 days paid personal leave per annum. (3) The entitlement shall accrue pro rata on a weekly basis. (4) In the case of an employee at JHC, APH or GPH who is unable to attend or remain at work on the grounds of personal ill health or injury or on account of the illness or injury of a member of an employees immediate family or household the employee is entitled to be paid at the rate the employee would have been paid had that employee attended work to the extent of his/her accrued entitlement for the period of absence up to and including the number of hours which the employee was rostered to work on that day. Employee can only access up to a total of 10 days personal leave each year to care for an immediate family member. (5) In the case of an employee at HPH who is unable to attend or remain at work on the grounds of personal ill health or injury or on account of the illness or injury of a member of an employees immediate family or household the employee will receive payment at the ordinary hourly rate of pay to the extent of his/her accrued entitlement for the period of absence up to and including the number of hours which the employee was rostered to work on that day. Employee can only access up to a total of 10 days personal leave each year to care for an immediate family member. (5) Unused portions of personal leave entitlement shall accumulate from year to year and may be taken in any subsequent year. (6) An employee shall advise RHC WA prior to the commencement of the shift of the inability to attend work. If such notification is not possible then advice shall (wherever possible) be provided within a period of one hour of the usual time of the commencement of the shift. If not already provided, the employee shall also advise RHC WA as soon as reasonable and practicable of the estimated duration of the absence. (7) An employee may be required to provide a medical certificate after two absences in any year of service or for any absence of more than two days. (8) An employee who suffers personal ill health or injury whilst on annual leave may be paid personal leave in lieu of annual leave subject to: (a) providing a medical certificate stating the illness or injury necessitated confinement to home or hospital for seven consecutive days or more. 19

20 (b) the portion of annual leave coinciding with the paid personal leave is to be taken at a time agreed by RHC WA and employee or shall be added to the next period of annual leave. (c) payment for replaced annual leave shall be at the rate of wage applicable at the time the leave is subsequently taken provided that the annual leave loading prescribed in Clause 29 - 'Annual Leave' shall be deemed to have been paid with respect to the replaced annual leave. (10) Where an employee receives payment under this clause and subsequently receives payments in respect of the same period under the Workers' Compensation and Rehabilitation Act 1981, the employee shall reimburse to RHC WA the payments made under this clause and RHC WA shall reinstate the employee's sick leave or other entitlements accordingly. 32. LONG SERVICE LEAVE The long service leave provisions of the Western Australian Long Service Leave Act 1958 shall apply to employees covered by this agreement provided that: (1) Where an employee has completed at least 7.5 years' service the amount of leave shall be: (a) In respect of 7.5 years of service so completed weeks leave; (b) In respect of each 7.5 years service completed after such 7.5 years weeks leave. (c) Provided that employees may access the leave provided for in subclause (2)(b) on a pro rata basis. The amount of leave to which the Employee is entitled will be a proportionate amount on the basis of 6.5 weeks for 7.5 years of service. (2) Leave may be taken in weekly multiples. When the remaining portion of accrued leave entitlement is less than a week, such portion may be taken in single days. (3) Leave can be taken as double the period of leave on half pay in lieu of long service leave entitlement on full pay. Alternatively, leave can be taken as half the period of leave in lieu of long service leave entitlement for payment of the total accumulated entitlement i.e. double pay for half the period of leave. (4) Leave shall be granted and taken within two (2) years of it being due unless agreed otherwise in writing by RHC WA, provided that: an employee employed prior to 1 December 2005 whom has entitlement to accrued long service leave shall retain the right to accrue and take such leave in accordance with aforementioned gazetted provisions. (5) Notwithstanding subclause (1) of this Clause and Clause 13 Part-Time Employees of this Agreement the following may apply: (a) (b) A full time employee who, during a qualifying period towards an entitlement of long service leave was employed continuously on both a full time and part-time basis may elect to take a lesser period of long service leave calculated by converting the part-time service to equivalent full time service. A part-time employee may elect to take a lesser period of long service leave calculated by converting any portion of the part-time service to equivalent full time service. 20