1 COMPARISON TABLE - CURRENT AWARDS/MODERN AWARD AWARD MATTER HEALTH AND ALLIED SERVICES - PRIVATE SECTOR - VICTORIA CONSOLIDATED AWARD 1998 HEALTH PROFESSIONALS and SUPPORT SERVICES AWARD 2010 Definitions 3.5 Experience means for the purpose of clause 19 - Rates of pay, experience at any such work in any workplace subject to this award within the last five years, excluding any leave provisions in this award. 3. Health industry means employers whose business and/or activity is in the delivery of health care, medical services and dental services shiftworker is an employee who is regularly rostered to work their ordinary hours outside the ordinary hours of work of a day worker as defined in clauses 24.1, 24.2 and Coverage 5.2 This award applies to the whole of Victoria in relation to the process, trade, business or occupation of: a person or persons or class of persons employed in or in connection with the doing of any kind of work associated with the carrying on of: 5.2.1(f) a health, medical, dental or nursing clinic or service; 5.2.1(i) a day surgery or day procedure centre; 5.2.1(l) a physiotherapy, chiropractic, family planning/birth control clinic or centre. 4.1 This industry and occupational award covers: (a) employers throughout Australia in the health industry and their employees in the classifications listed in clauses 14 Minimum weekly wages for support service employees and 15 Minimum weekly wages for health professional employees to the exclusion of any other modern award. (b) employers engaging a health professional employee falling within the classification listed in clause This award does not cover an employee excluded from award coverage by the Act. Award Flexibility See Model Clauses Consultation regarding major See Model Clauses workplace change Classifications See Attachment A 13. See Attachment B
2 Minimum weekly wages (Support Services employees) Minimum weekly wages (Health Professional employees) See Attachment A 14. See Attachment B N/A 15. See Attachment C Allowances 23.6 Meal allowances An employee shall be supplied with an adequate meal where an employer has adequate cooking and dining facilities or be paid meal money in addition to any overtime payment as follows: 23.6 Meal allowances An employee shall be supplied with an adequate meal where an employer has adequate cooking and dining facilities or be paid meal money in addition to any overtime payment as follows: (a) When required to work after the usual finishing hour of work beyond one hour (Monday to Friday inclusive) or in the case of shift workers when the overtime work on any shift exceeds one hour - $8.94. Provided that where such overtime work exceeds four hours a further meal allowance of $7.18 shall be paid Nauseous work allowance Employees other than Nursing Attendants shall be paid an allowance of 34 cents per hour or part thereof in addition to the rates prescribed elsewhere in this award for all time during which they are engaged in handling linen of a nauseous nature other than linen sealed in airtight containers Clothing and equipment (a) Employees required by the employer to wear uniforms will be supplied with an adequate number of uniforms appropriate to the occupation free of cost to employees. Such items are to remain the property of the employer and be laundered and maintained by such employer free of cost to the employee. (b) Instead of the provision of such uniforms, the employer may, by agreement with the employee, pay such employee a uniform allowance at the rate of $1.23 per shift or part thereof on duty or $6.24 per week, whichever is the lesser amount. Where such employee s uniforms are not laundered by or at the expense of the employer, the employee will be paid a laundry allowance of $0.32 per shift or part thereof on duty or $1.49 per week, whichever is the lesser amount. (c) The uniform allowance, but not the laundry allowance, will be paid during all absences on leave, except absences on long service leave and absence on personal/carer s leave beyond 21 days. Where, prior to the taking of leave, an employee was paid a uniform allowance other than at the weekly rate, the rate to be paid during absence on leave will be the average of the allowance paid during the four weeks immediately preceding the taking of leave. (d) Where an employer requires an employee to wear rubber gloves, special clothing or where safety equipment is required for the work performed by an employee, the employer must reimburse the employee for the cost of purchasing such special clothing or safety equipment, except where such clothing or equipment is provided by the employer.
3 An allowance of 34 cents per hour or part thereof shall be paid to an employee in any classification for work which is of an unusually dirty or offensive nature having regard to the duty normally performed by such employee in such classification provided: (a) that any employee who is paid the allowance prescribed by shall not be entitled to be paid an allowance under for the same work; (b) that any employee who is entitled to be paid an allowance under or shall be paid a minimum sum of $1.80 for work performed in any week; 18.4 Damaged clothing allowance (a) Where an employee, in the course of their employment suffers any damage to or soiling of clothing or other personal effects (excluding female hosiery), the employer will be liable for the replacement, repair or cleaning of such clothing or personal effects provided immediate notification is given of such damage or soiling. (b) This clause will not apply where the damage or soiling is caused by the negligence of the employee Nauseous work allowance An allowance of 0.05% of the standard rate per hour or part thereof will be paid to an employee in any classification if they are engaged in handling linen of a nauseous nature other than linen sealed in airtight containers and/or for work which is of an unusually dirty or offensive nature having regard to the duty normally performed by such employee in such classification. Any employee who is entitled to be paid this allowance will be paid a minimum sum of 0.27% of the standard rate for work performed in any week Travelling, transport and fares (a) An employee required and authorised to use their own motor vehicle in the course of their duties will be paid an allowance of not less than $0.74 per kilometre Ordinary hours of work 25. HOURS 25.1 The hours for an ordinary week's work shall be 38, or be an average of 38 per week in a fortnight, or in a four week period or, by mutual agreement, in a five week period in the case of an employee working ten hour shifts and shall be worked either: 23.1 The ordinary hours of work for a full-time employee will be an average of 38 hours per week in a fortnight or four week period Not more than 10 ordinary hours of work (exclusive of meal breaks) are to be worked in any one day.
4 in five days in shifts of not more than eight hours each; or in a fortnight of 76 hours in 10 shifts of not more than eight hours each; or in 152 hours per four week period to be worked as nineteen shifts each of eight hours; or by mutual agreement: (a) in four days in shifts of not more than ten hours each; or (b) in fortnight of 76 hours in eight shifts of not more than ten hours each With the exception of a meal interval and one additional break, if same is required by the employer the work of each shift shall be continuous. Span of hours See Clause 25 above 24.1 Unless otherwise stated, the ordinary hours of work for a day worker will be worked between 6.00 am and 6.00 pm Monday to Friday Private medical, dental and pathology practices The ordinary hours of work for a full-time day worker will be worked between 7.30 am and 9.00 pm Monday to Friday and between 8.00 am and 4.30 pm on Saturday.
5 Rostering 27. ROSTERS 27.1 A roster of at least fourteen days duration setting out employees' daily ordinary working hours, commencing and finishing times and meal intervals shall be posted at least fourteen days before it comes into operation in each work location and where it may be readily seen by employees and the Secretary or other accredited representative of the Union Except as in emergency situations seven days notice shall be given of a change in roster Where an employer requires an employee, without seven days notice and outside the expected circumstances prescribed in 27.2 above, to perform ordinary duty at other times than those previously rostered, the employee shall be paid in accordance with the hours worked, with the addition of a daily allowance equal to 2.5 per cent of the weekly base rate of pay for the wage/skill group five as defined in clause 19 - Rates of Pay Provided that a part-time employee who agrees to work shift(s) in addition to those already rostered will not be entitled to the above specified allowance for the additional shift(s) worked The roster or rosters shall be drawn up so as to provide at least eight hours between successive ordinary shifts Notwithstanding any other provision of this award, this clause shall not apply to casual employees. 25. (a) The ordinary hours of work for each employee will be displayed on a fortnightly roster in a place conveniently accessible to employees. The roster will be posted at least two weeks before the commencement of the roster period. (b) Seven days notice will be given of a change in a roster. However, a roster may be altered at any time to enable the functions of the hospital, facility or organisation to be carried on where another employee is absent from duty on account of illness or in an emergency. (c) Unless the employer otherwise agrees, an employee desiring a roster change will give seven days notice except where the employee is ill or in an emergency.
6 Saturday and Sunday work 32.1 All rostered time of ordinary duty performed between midnight on Friday and midnight on Sunday shall be paid for at the rate of time and a half Provided that the following rate of payment shall be made where the Saturday or Sunday duty involves: Work in excess of the prescribed rostered hours - double time for the excess period; Work performed by a worker of broken shifts outside a spread of nine hours from the time of commencing work - time and three-quarters, and outside a spread of twelve hours from the time of commencing work - double time For all ordinary hours worked between midnight Friday and midnight Sunday, a day worker will be paid their ordinary hourly rate and an additional 50% loading A casual employee who works on a Saturday or Sunday will be paid a loading of 75% for all time worked instead of the casual loading of 25%. Breaks 28.1 Meal intervals Except as provided in 28.2 hereof, a meal interval of not less than 30 minutes and not more than 60 minutes shall be allowed for each employee during each shift. Such meal interval shall not be counted as time worked Rest intervals Employees shall be entitled to a ten minute rest interval in each four hours worked or part thereof being greater than one hour. Such rest break shall be at a time suitable to the employer and shall be counted as time worked Meal breaks (a) An employee who works in excess of five hours will be entitled to an unpaid meal break of not less than 30 minutes and not more than 60 minutes. (b) The time of taking the meal break may be varied by agreement between the employer and employee 27.2 Tea breaks (a) Every employee will be entitled to a paid 10 minute tea break in each four hours worked at a time to be agreed between the employer and employee. (b) Subject to agreement between the employer and employee, such breaks may alternatively be taken as one 20 minute tea break. (c) Tea breaks will count as time worked.
7 Overtime penalty rates 29.1 An employer may require any employee to work reasonable overtime at the appropriate overtime rate. When overtime work is necessary it shall wherever reasonably practicable, be so arranged that employees have at least ten consecutive hours off duty between the work of successive shifts Only authorised overtime shall be paid for and the following rates of overtime shall apply: In excess of the number of hours fixed as a day's, a week's or a fortnight's work as the case may be - time and a half for the first two hours and double time thereafter As overtime outside a spread of twelve hours from the commencement of the last previous rostered period of duty provided that the overtime is not continuous with the next succeeding period of duty - double time Outside a spread of nine hours from the time of commencing work by an employee rostered to work broken shifts - time and one half and outside a spread of twelve hours from the time of commencing work - double time An employee may elect, with the consent of the employer, to take time off in lieu of payment for overtime at a time or times agreed with the employer Overtime taken as time off during ordinary time hours shall be taken at the penalty time rate An employer shall provide payment at the appropriate overtime rate as specified in to where time off in lieu has not been taken within four weeks of accrual Overtime rates (a) An employee who works outside their ordinary hours on any day will be paid at the rate of: (i) time and a half for the first two hours; and (ii) double time thereafter. (b) All overtime worked on a Sunday will be paid at the rate of double time. (c) These extra rates will be in substitution for and not cumulative upon the shift loading prescribed in clause 29 Shiftwork. (d) Part-time employees Where agreement has been reached in accordance with 10.3(c), a part-time employee who is required by the employer to work in excess of those agreed hours must be paid overtime in accordance with this clause 28.3 Time off instead of payment for overtime (a) An employee may elect, with the consent of the employer, to take time off instead of payment for overtime at a time agreed with the employer. (b) Overtime taken as time off during ordinary hours will be taken at the ordinary time rate, that is, an hour for each hour worked.
8 For the purposes of this clause, in accruing or calculating payment of overtime, each period of overtime shall stand alone. Shift work 31.1 In addition to any other rates prescribed elsewhere in this award an employee whose rostered hours of ordinary duty finish between 6.00 p.m. and 8.00 a.m. or commence between 6.00 p.m. and 6.30 a.m. shall be paid an amount equal to 2.5 per cent of the weekly base rate of pay for the Wage/skill group 5 as defined in clause 19 - Rates of Pay, per rostered period of duty Provided that in the case of an employee working on any rostered hours of ordinary duty finishing on the day after commencing duty or commencing after midnight and before 5.00 a.m. they shall be paid for any such periods of duty an amount equal to 4 per cent of wage/skill group 5 and provided further that in the case of an employee permanently working on any such rostered hours of ordinary duty shall be paid for any such period of duty an amount equal to 5 per cent of the said rate. Permanently working shall mean working for any period in excess of four consecutive weeks Provided further that in the case of an employee who changes from working on one shift to working on another shift the time of commencement of which differs by four hours or more than from that of the first shall be paid an amount equal to 4 per cent of the wage/skill group 5 on the occasion of each such change in addition to any amount payable under the preceding provisions of this clause. 29. Where the ordinary rostered hours of work of an employee finish between 6.00 pm and 8.00 am or commence between 6.00 pm and 6.00 am, the employee will be paid an additional loading of 15% of their ordinary rate of pay.
9 Annual leave 33.1 Period of leave Employees other than casual employees shall be entitled to four weeks annual leave on ordinary pay after twelve months of continuous service. The annual leave prescribed shall be exclusive of any holidays prescribed in clause 40 - Public Holidays Provided that ordinary pay for the purposes of this clause shall mean remuneration for the employee's weekly number of hours calculated at the ordinary time rate of pay and in addition shall include: the cash value of any board or lodging provided for in clause 23; and either (a) overaward payments for ordinary hours of work; (b) shift work premiums, according to roster or projected roster; (c) Saturday and Sunday premiums, according to roster or projected roster; (d) in-charge allowances; or a loading equal to 17-1/2% of his or her wage pursuant to clause 19 Rates of pay for his or her normal weekly number of hours calculated at the ordinary time rate of pay - whichever is the higher Seven day shift workers A shift worker who during the year in which his or her annual leave accrues is rostered to work for four hours or 31. Annual leave is provided for in the NES. This clause contains additional provisions Quantum of leave (a) In addition to the entitlements in the NES, a shiftworker or an employee who works for more than four ordinary hours on 10 or more weekends is entitled to an additional week s annual leave on the same terms and conditions. (b) For the purpose of the NES a shiftworker is defined as an employee who is regularly rostered to work their ordinary hours outside the ordinary hours of work of a day worker as defined in clause 24 Span of hours Annual leave loading (a) In addition to their ordinary pay, an employee, other than a shiftworker, will be paid an annual leave loading of 17.5% of their ordinary rate of pay. (b) Shiftworkers, in addition to their ordinary pay, will be paid the higher of: (i) an annual leave loading of 17.5% of their ordinary rate of pay; or (ii) the weekend and shift penalties the employee would have received had they not been on leave during the relevant period Close down periods dental and medical practices Where an employer temporarily closes a dental or medical practice, an employee may be directed to take paid annual leave during part or all of this period provided such direction is reasonable. Where an employee does not have sufficient accrued annual leave for this period, they may be required to take annual leave in advance where such requirement is reasonable
10 more on 10 or more weekends in that year, shall be entitled to one week's (seven consecutive days) annual leave in addition to the leave prescribed in Part-time entitlement A part-time employee shall be entitled to annual leave on a pro rata basis of the leave prescribed in 33.1 for a full-time employee Provided that where the ordinary hours for a regular part-time employee have varied over a period of accrual for annual leave, the average ordinary hours shall be determined and used as the basis for calculating annual leave entitlement An employee shall be entitled to holidays on the following days: Public Holidays New Year's Day, Good Friday, Easter Saturday, Easter Monday, Christmas Day and Boxing Day; and The following days, as prescribed in the relevant States, Territories and localities: Australia Day, Anzac Day, Queen's Birthday, Eight Hours Day or Labour day; and Melbourne Cup day or in lieu of Melbourne Cup Day, some other day as determined in a particular locality; 40.5 Payment for time worked on a public holiday If an employee works on a public holiday he or she shall be paid double time and a half for the time worked. If a public holiday occurs on his or her rostered day off he or she shall be entitled to one and a half times the payment for his or her ordinary day; or where there is mutual consent within four weeks following the date on which such holiday 32. Public holidays are provided for in the NES. This clause contains additional provisions Substitution An employer and the employees may, by agreement, substitute another day for a public holiday. Where there is no agreement, the employer may substitute another day but not so as to give an employee less time off work than the employee would have had if the employee had received the public holiday Payment for working on a public holiday Any employee required to work on a public holiday will be paid double time and a half for all time worked.
11 occurred an employee may take a day and a half off in lieu or have one and one half days added to his or her annual leave (a) Provided that employees rostered to work on public holidays and who fail to do so shall not be entitled to holiday pay for the said holiday Notwithstanding the provisions of an employee who ordinarily works Monday to Friday only and who does not work on Easter Saturday, shall be entitled to one day's pay in respect of Easter Saturday or where there is mutual consent, within four weeks following the date on which such holiday occurred the employee may take one day off in lieu or have one day added to their annual leave Amount of paid personal leave Personal/carer s leave and compassionate leave Paid personal leave will be available to an employee, when they are absent: due to personal illness or injury; or for the purposes of caring for an immediate family or household member who is sick and requires the employee s care and support or who requires the employee s care due to an unexpected emergency The amount of personal leave to which a full-time employee is entitled depends on how long they have worked for the employer and accrues as follows: (a) during the first year of service seven hours and 36 minutes for each month of service; (b) during the second, third and fourth year of service 106 hours and 24 minutes in each year; 33. Personal/carer s leave and compassionate leave are provided for in the NES.
12 34.1.2(c) thereafter 159 hours and 36 minutes in each year. The amount of personal leave for a part-time employee is on a pro rata basis corresponding to their year of service vis-àvis full-time employees Personal leave for personal injury or sickness An employee is entitled to use the full amount of their personal leave entitlement including accrued leave for the purposes of personal illness or injury, subject to the conditions set out in this clause In the event of an employee becoming unfit for duty due to personal injury or sickness and such personal injury or sickness is not due to misconduct (a certificate of a legally qualified medical practitioner or a Statutory Declaration signed by the employee shall be satisfactory evidence of personal injury or sickness), the employee shall be entitled to personal leaver for personal injury or sickness on full pay Provided that an employee may be absent through personal injury or sickness for one day without furnishing evidence of such sickness as provided in clause hereof on not more than three occasions in any one year of service. An employee shall not be entitled to the benefit should he or she fail to notify the employer two hours before the time rostered to commence duty on the day of such absence. Provided that employees rostered for duty prior to 11.00am on the day of such absence shall not be required to give such notice before 9.00am Provided further that an employee s entitlement to payment for personal leave for personal injury or sickness upon production of a Statutory Declaration shall be limited to not more than three occasions in each year in respect to
13 absences not exceeding three consecutive working days duration. Community service leave Ceremonial leave N/A 34. Community service leave is provided for in the NES. N/A 35. An employee who is legitimately required by Aboriginal tradition to be absent from work for Aboriginal ceremonial purposes will be entitled to up to 10 working days unpaid leave in any one year, with the approval of the employer.
15 Attachment A Current Classifications and Wage Rates - Support Staff ADMINISTRATIVE/CLERICAL STREAM Weekly Hourly Administrative/clerical services 1 (wage/skill group 4) General clerk# Typist# Library clerk (as defined)# Administrative/clerical services 2 (wage/skill group 6) Pay clerk (as defined)# Medical records clerk# Business machine operator# Audio typist (other)# Stenographer (other)# Ward clerk# Casualty clerk# Patient fees clerk# In patient/out patient clerk# Switchboard operator# Receptionist# Administrative/clerical services 3 (wage/skill group 7) Computer clerk (as defined) Library technician in training (as defined) All classifications as per administrative/clerical services 1 and 2 [wage/skill groups 4 and 6] where work satisfies the computer clerk definition Administrative/clerical services 4 (wage/skill group 8) Secretary Medical stenographer Medical audio typist Interpreter (unqualified)(as defined) Administrative/clerical services 5 (wage/skill group 9) Pay clerk advanced (as defined) Computer clerk advanced (as defined) Library technician (as defined) Administrative/clerical services 6 (wage/skill group 11) Clerical supervisor (as defined) Private secretary (as defined) Interpreter (qualified)(as defined) (1) Rates effective 1 October 2008
16 Attachment B Health Professionals and Support Services Award 2010 Support Service Employees Wage Rates Level Weekly Rates Hourly Rates Level Level Level Level Level Level Level Level 8 Pay Point Pay Point Pay Point Level 9 Pay Point Pay point Pay Point
17 Attachment C Health Professionals and Support Services Award 2010 Health Professionals Wage Rates Level Weekly Rates Hourly Rates Level 1 Pay point 1 (UG 2 qualification) Pay point 2 (three year degree entry) Pay point 3 (four year degree entry) Pay point 4 (masters degree entry) Pay point 5 (PhD entry) Pay point Level 2 Pay point Pay point Pay point Pay point
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