[2014] FWCA 6481 Associate to Deputy President Booth Dated ...nswnma.asn.au/wp-content/uploads/2013/07/Maari-Ma... · [2014] FWCA 6481 The attached document replaces the document

[2014] FWCA 6481

The attached document replaces the document previously issued with the above code on 16 September 2014.

The Word “Enterprise” has been added before the word “Agreement” in the subject line and in paragraph [1].

Sophie BaartzAssociate to Deputy President Booth

Dated 18 September 2014.

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Fair Work Act 2009 s.185 - Application for approval of a single-enterprise agreement

Maari Ma Health Aboriginal Corporation T/A Maari Ma(AG2014/1758)

MAARI MA HEALTH ABORIGINAL CORPORATION ENTERPRISE AGREEMENT 2014.

Health and welfare services

DEPUTY PRESIDENT BOOTH SYDNEY, 16 SEPTEMBER 2014

Application for approval of the Maari Ma Health Aboriginal Corporation Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as theMaari Ma Health Aboriginal Corporation Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Maari Ma Health Aboriginal Corporation. The agreement is a single-enterprise agreement.

[2] An undertaking has been provided by Mr Bob Davis, Chief Executive Officer, Maari Ma Health Aboriginal Corporation. The written undertaking concerning Schedule 1 and Schedule 5 will be taken to be a term of the Agreement pursuant to s.191 of the Act. A copy of the undertaking is attached to this decision.

[3] The Health Services Union New South Wales Branch, the New South Wales branch of the Australian Nursing and Midwifery Federation and the New South Wales Nurses and Midwives’ Association, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note that the Agreement covers these organisations.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 September 2014. The nominal expiry date of the Agreement is 30 June 2017.

[2014] FWCA 6481

DECISION

[2014] FWCA 6481

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DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code J, AE410150 PR555539>

[2014] FWCA 6481

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Maari Ma Health Aboriginal Corporation ABN 39 056 645 930 ICN 2570

Deputy President Booth Fair Work Commission LevelS 80 William Street EAST SYDNEY NSW 2011

Attention Katie Hossain, Relief Associate to Deputy President Booth

Dear Ms Booth

AG2014/1758 Application by Maari Ma Health Aboriginal Corporation

In accordance with matter namber AG2014/1758 currently before you, Maari Ma makes the following undertaking that rates will not fall below the minimum rates prescribed by the Modern Awards as published 1/7/2014, specifically, the rates in Schedule 1 will be replaced with:

Description Classification New rate Code

Aboriginal Health Worker 1 151 year 10AHW011 711 .70 2"0 year 10AHW012 762.70 3'0 year 10AHW013 788.80

Aboriginal Health Worker 2 151 year 10AHW021 830.00 2"a year 10AHW022 873.40 3ro year 10AHW023 915.90

Aboriginal Health Worker 3 151 year 10AHW031 941.40

And the rates in Schedule 5 will be replaced with: M" . f f II ti tr . h" tmmum wages or u - me amees IPS

Wage Level A I Year10 Year11 Year12 per week per week per week $ $ $

School Ieaver 287.90 317.10 377.80 Plus 1 year out of school 317.10 377.80 439.60 Plus 2 years out of school 377.80 439.60 511.60 Plus 3 years out of school 439.60 511.60 585.80 Plus 4 years out of school 511 .60 585.80 Plus 5 or more years out 585.80 of school

Address all correspondence to: The Chief Executive Officer

PO Box 339 BROKEN HILL NSW 2880 Telephone (08) 8082 9888 Facsimile (08) 8082 9889 Web www.maarima.com.au

We ac;knowledge the contribution made by our primary funding bodies, the Depar tment elf Health & Agting and NSW Ministry of Health

[2014] FWCA 6481

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In the event any other level of traineeship is initiated, the rates will be equivalent to those specified in the Aboriginal Community Controlled Health Services Award 2010 Schedule D- National Training Wage.

Should any further information be required, please contact Glenis Barnes, Human Resource Manager, telephone 0418 639 578 or email [email protected]

Yours sincerely

Bob Davis Chief Executive Officer 10 September 2014

SINGLE ENTERPRISE AGREEMENT FOR LODGEMENT WITH FAIR WORK AUSTRALIA

MAARI MA HEALTH ABORIGINAL CORPORATION ENTERPRISE AGREEMENT 2014

MAARI MA HEALTH ABORIGINAL CORPORATION (ABN 39 056 645 90) and

THE EMPLOYEES OF MAARI MA HEALTH ABORIGINAL CORPORATION and the

HEALTH SERVICES UNION (NSW/ACT) and the

NSW NURSES AND MIDWIVES ASSOCIATION

Maari Ma Health Aboriginal Corporation Enterprise Agreement 2014

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Subject Matter Clause No.

PART 1 – PRELIMINARY

1.1 TITLE This Single Enterprise Agreement shall be known as the Maari Ma Health Aboriginal Corporation Enterprise Agreement 2014 (hereinafter referred to as the “Enterprise Agreement”).

1.2 ARRANGEMENT

PART 1 – PRELIMINARY ........................................................................................................ 2

1.1 TITLE ....................................................................................................................... 2

1.2 ARRANGEMENT ..................................................................................................... 2

1.3 PARTIES BOUND AND COVERAGE ...................................................................... 5

1.4 OPERATIVE DATE AND DURATION ...................................................................... 5

1.5 ACCESS TO THE ENTERPRISE AGREEMENT AND THE NATIONAL EMPLOYMENT STANDARDS .............................................................................................. 5

1.6 AWARD RELATIONSHIP ........................................................................................ 5

1.7 NO FURTHER CLAIMS ........................................................................................... 6

1.8 SCOPE OF WORK .................................................................................................. 6

1.9 AIMS/OBJECTIVES OF THE ENTERPRISE AGREEMENT ................................... 6

1.10 CONFIDENTIALITY ................................................................................................. 6

1.11 THE NATIONAL EMPLOYMENT STANDARDS (NES) ........................................... 7

1.12 FLEXIBILITY TERM ................................................................................................. 7

1.13 ANNUALISED SALARIES........................................................................................ 8

PART 2 – TERMS AND CONDITIONS OF EMPLOYMENT .................................................... 8

2.1 ENGAGEMENT ....................................................................................................... 8

2.2 MINIMUM EMPLOYMENT PERIOD ........................................................................ 9

2.3 PERSONAL PRESENTATION AND UNIFORM ...................................................... 9

2.4 DISPUTE RESOLUTION PROCEDURE ................................................................. 9

2.5 PROVISIONS ABOUT DISCRIMINATION, HARASSMENT / BULLYING AND SAFETY .............................................................................................................................. 10

2.6 COUNSELLING AND DISCIPLINE PROCEDURES .............................................. 11

2.7 TERMINATION OF EMPLOYMENT ...................................................................... 13

2.8 CONSULTATION REGARDING MAJOR WORKPLACE CHANGE ....................... 14


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2.9 REDUNDANCY ...................................................................................................... 16

2.10 ABANDONMENT OF EMPLOYMENT ................................................................... 19

2.11 INCIDENTAL OR PERIPHERAL TASKS ............................................................... 19

2.12 HIGHER DUTIES PAYMENTS .............................................................................. 19

2.13 FATIGUE MANAGEMENT ..................................................................................... 20

PART 3 – DEFINITIONS, CLASSIFICATIONS AND REMUNERATION ............................... 20

3.1 DEFINITIONS ........................................................................................................ 20

3.2 CLASSIFICATIONS ............................................................................................... 22

3.3 REMUNERATION .................................................................................................. 22

3.4 ALLOWANCES ...................................................................................................... 22

3.5 JUNIOR RATES ..................................................................................................... 22

3.6 SUPERANNUATION – EMPLOYER CONTRIBUTION ......................................... 23

3.7 Payment of Wages ................................................................................................. 23

3.8 WAGE INCREASES DURING LIFE OF ENTERPRISE AGREEMENT ................. 23

3.9 SALARY SACRIFICE ARRANGEMENTS ............................................................. 24

PART 4 – HOURS OF WORK ................................................................................................ 24

4.1 HOURS OF WORK ................................................................................................ 24

4.2 ROSTERS .............................................................................................................. 25

4.3 BREAKS ................................................................................................................ 25

4.4 OVERTIME/TIME IN LIEU ..................................................................................... 26

4.5 PENALTY RATES .................................................................................................. 26

PART 5 – LEAVE ................................................................................................................... 27

5.1 ANNUAL LEAVE .................................................................................................... 27

5.2 PERSONAL LEAVE ............................................................................................... 27

5.3 COMPASSIONATE LEAVE ................................................................................... 28

5.4 PARENTAL LEAVE ............................................................................................... 28

5.5 JURY SERVICE ..................................................................................................... 29

5.6 LONG SERVICE LEAVE........................................................................................ 30

5.7 PUBLIC (STATUTORY) HOLIDAYS ...................................................................... 31

5.8 NATURAL DISASTER LEAVE ............................................................................... 31

5.9 STUDY, TRAINING & CONFERENCE LEAVE ...................................................... 31

5.10 MANDATORY TRAINING ...................................................................................... 32


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5.11 CONTINUING PROFESSIONAL DEVELOPMENT (CPD) .................................... 32

5.12 LEAVE WITHOUT PAY ......................................................................................... 33

5.13 CULTURAL LEAVE ............................................................................................... 33

5.14 COMMUNITY SERVICE LEAVE ............................................................................ 33

5.15 NAIDOC DAY ......................................................................................................... 33

5.16 INDUSTRIAL RELATIONS TRAINING LEAVE ...................................................... 34

PART 6 – SIGNATORIES ...................................................................................................... 35

SCHEDULE 1: ABORIGINAL HEALTH WORKERS ............................................................. 38

SCHEDULE 2: OPERATIONS ............................................................................................... 41

SCHEDULE 3: REGISTERED NURSES AND MIDWIVES .................................................... 49

SCHEDULE 4: HEALTH PROFESSIONALS ......................................................................... 53

SCHEDULE 5: NATIONAL TRAINING WAGE ...................................................................... 56


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1.3 PARTIES BOUND AND COVERAGE 1.3.1 This Enterprise Agreement shall be binding on the ―Parties‖ being,

(a) The Employer, namely: (i) Maari Ma Health Aboriginal Corporation - Hereinafter referred to as ―Maari

Ma” AND (b) The Employees of Maari Ma Health Aboriginal Corporation (excluding Medical Officers) - Hereinafter referred to as the ―Employees‖ and (c) The Health Services Union (New South Wales) and (d) The NSW Nurses and Midwives Association.

1.3.2 This Enterprise Agreement shall be binding on all Employees employed at any sites

owned or operated or managed or controlled by Maari Ma Health Aboriginal Corporation provided such Employees are classified under this Enterprise Agreement.

1.3.3 Where the term ―Parties‖ is used in this Enterprise Agreement it refers to the Parties identified in this clause.

1.4 OPERATIVE DATE AND DURATION 1.4.1 In accordance with section 54 of the Fair Work Act 2009, this Enterprise Agreement

shall commence operation from the date being seven (7) days after the Notice of Approval issued by Fair Work Australia (FWA). . The nominal expiry date for this Enterprise Agreement shall be the 30 June 2017.

1.4.2 The Enterprise Agreement will operate to the exclusion of any award or notional agreement preserving a State award (NAPSA) or transitional agreement or collective workplace agreement of a state or federal industrial body.

1.4.3 Renegotiation for a replacement agreement will commence six (6) months prior to the expiration of the current agreement.

1.5 ACCESS TO THE ENTERPRISE AGREEMENT AND THE NATIONAL EMPLOYMENT STANDARDS

1.5.1 Maari Ma will ensure that copies of this Enterprise Agreement and the NES are available to all Employees on the Maari Ma Intranet or printed document.

1.6 AWARD RELATIONSHIP 1.6.1 This Enterprise Agreement will extinguish the applicable National System Award

(Federal) excepting where this Enterprise Agreement specifically states otherwise. The applicable Awards being:- (a) Aboriginal Community Controlled Health Services Award 2010 (MA000115) (b) Health Professionals and Support Services Award 2010 (MA000027) (c) Nurses Award 2010 (MA000034)


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1.7 NO FURTHER CLAIMS 1.7.1 This Enterprise Agreement guarantees wage increases as specified in this Agreement.

Maari Ma must ensure that at no time the rates contained within this agreement will fall below the federal minimum wage for the rates contained within the awards listed in clause 1.6 when such minimum wage or award is adjusted by the National Wage Order. The Parties to this Enterprise Agreement, acknowledge that there will be no other increases during the life of this Enterprise Agreement, outside of these decisions.

1.7.2 The Parties to this Enterprise Agreement acknowledge that this Enterprise Agreement represents full settlement of all matters contained herein for the duration of this Enterprise Agreement. The Parties agree that there will be no further claims in regard to the matters contained in the Enterprise Agreement, during the life of this Enterprise Agreement.

1.8 SCOPE OF WORK 1.8.1 Maari Ma is a community controlled organisation providing services across the region of

far western NSW. Our vision is that ―Aboriginal people live longer and close the gap – families, individuals and communities achieve good health, well-being and self-determination supported by Maari Ma.” Maari Ma provides comprehensive primary health services, community development and engagement programs.

1.8.2 Maari Ma‘s services and Employer / Employee relationship are based on respect, community, compassion, culture, empowerment and quality.

1.9 AIMS/OBJECTIVES OF THE ENTERPRISE AGREEMENT 1.9.1 It is the aim of the Parties to this Enterprise Agreement to provide a formal, consistent

equitable and easily understood set of terms and conditions to support workplace practices, career development and Maari Ma as an employer of choice.

1.9.2 The Parties agree that the objectives of this Enterprise Agreement are to facilitate:- (a) Employee satisfaction through team work, high achievement and workplace culture (b) Excellence in culturally appropriate service delivery (c) Achievement of an accessible and sustainable workforce with the capacity, capability and competence to provide culturally safe, quality health services (d) Increased numbers and capacity of Aboriginal people entering and working in the primary health workforce living and working in communities that Maari Ma service (e) Maximising service delivery (f) Improved health outcomes for Aboriginal people living in the Marri Ma region

1.10 CONFIDENTIALITY 1.10.1 As part of normal duties the employee will obtain or have access to confidential

information concerning Maari Ma, our employees and clients. Under no circumstances is any use to be made of this information except for purposes directly related to


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furthering the business interests of Maari Ma, as provided within the terms of the Employee‘s delegated authority.

1.10.2 Nothing in this clause nor in this Single Enterprise Agreement shall be taken as in any way prohibiting or restricting disclosure of details of this Enterprise Agreement by either Party to any other person.

1.11 THE NATIONAL EMPLOYMENT STANDARDS (NES) 1.11.1 The National Employment Standard (NES) and this Enterprise Agreement combine to

form the minimum conditions of employment for Employees covered by this Enterprise Agreement.

1.12 FLEXIBILITY TERM 1.12.1 An employer and employee covered by this Enterprise Agreement may agree to

make an individual flexibility arrangement to vary the effect of terms of the agreement if:

(a) the agreement deals with one or more of the following matters: (i) arrangements about when work is performed; (ii) overtime rates; (iii) penalty rates; (iv) allowances; (v) leave loading; and (b) the arrangement meets the genuine needs of the Employer and Employee in

relation to one or more of the matters mentioned in paragraph (a); and (c) the arrangement is genuinely agreed to by the Employer and Employee. 1.12.2 The Employer must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the Fair Work Act 2009; and (b) are not unlawful terms under section 194 of the Fair Work Act 2009; and (c) result in the Employee being better off overall than the Employee would be if no

arrangement was made. 1.12.3 The Employer must ensure that the individual flexibility arrangement: (a) is in writing; and (b) includes the name of the Employer and Employee; and (c) is signed by the Employer and Employee and if the Employee is under 18 years

of age, signed by a parent or guardian of the Employee; and (d) includes details of: (i) the terms of the enterprise agreement that will be varied by the

arrangement; and


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(ii) how the arrangement will vary the effect of the terms; and (iii) 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 (e) states the day on which the arrangement commences. 1.12.4 The Employer must give the Employee a copy of the individual flexibility

arrangement within 14 days after it is agreed to. 1.12.5 The Employer or Employee may terminate the individual flexibility arrangement:

(a) by giving no more than 28 days written notice to the other party to the arrangement; or

(b) if the Employer and Employee agree in writing — at any time.

1.13 ANNUALISED SALARIES 1.13.1 The purpose of calculating the weekly equivalent of the annual salary rates prescribed

by this clause, the divisor of 52.17857 will be used. All calculations required to be made under this Enterprise Agreement for the purpose of determining hourly amounts payable to an Employee will be calculated on the weekly equivalent of the annual salary.

PART 2 – TERMS AND CONDITIONS OF EMPLOYMENT

2.1 ENGAGEMENT 2.1.1 Employees may be engaged on a Full Time or Part Time or Casual basis provided that

the nature of the employment contract is specified at the time of engagement. Full Time or Part Time may be temporary engagement/s as a Fixed Term arrangement. ―Full Time Employee‖ means a person engaged on the conditions set out in this Enterprise Agreement and who will work no less than an average thirty-eight (38) hours per week, Monday to Friday averaged over a 4 week period, plus reasonable additional hours. ―Part Time Employee‖ means a person engaged on the conditions set out in this Enterprise Agreement and who will work less than an average thirty-eight (38) hours per week. Part time employees shall receive entitlements to annual leave, personal leave, long service leave and other entitlements in the same proportion as their contract hours to 38 hours. Part Time hourly rates are ascertained by dividing the Maari Ma weekly rate by 38. The minimum contracted hours will be stated in writing to the employee in the employment contract. ―Casual Employee‖ means person engaged as required by the hour who shall be paid no less than the Maari Ma weekly rate divided by 38 plus twenty five percent (25%) casual loading in lieu of paid annual leave and paid personal leave and redundancy. Casual employee hours of work shall be a minimum of 3 hours up to an average of thirty eight (38) ordinary hours per week plus additional hours.


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2.1.2 In relation to engagement, Maari Ma shall provide in writing to the Employee, the following:- (a) a position description (b) the status of the position, whether it is full time or part time or casual (c) for full time or part time employees the weekly hours of work (d) for fixed term that the ceasing date/s are advised (e) the rate of pay in accordance with this Enterprise Agreement (f) access to a copy of this Enterprise Agreement, the National Employment Standards

and Fair Work Information Statement; and (g) any other terms and conditions of employment relevant to the position.

2.2 MINIMUM EMPLOYMENT PERIOD 2.2.1 In accordance with the Fair Work Act 2009 and Regulations 2009, this Enterprise

Agreement includes the Minimum Employment Period provisions of the Act for all new Employees in regards to Chapter 3, Part 3-2 Division 2 of the Act – Protection from Unfair Dismissal.

2.3 PERSONAL PRESENTATION AND UNIFORM 2.2.2 Personal presentation of Employees and the maintaining of professional standards is

important to the image of Maari Ma. Employees are required to wear the Maari Ma shirt whilst at work. Employees shall be supplied with reasonable shirts at no extra cost and such shirts shall be replaced on a fair wear and tear basis. Employees are responsible for laundering and maintaining of their own shirts. Uniforms are required to be returned to Maari Ma on termination of employment.

2.4 DISPUTE RESOLUTION PROCEDURE 2.4.1 This clause sets out the procedures to settle a dispute relating to: (a) a matter arising under the agreement; or (b) the National Employment Standards. 2.4.2 An employee who is a party to the dispute may appoint a representative for the

purposes of the procedures in this term. 2.4.3 In the first instance, the parties to the dispute must try to resolve the dispute at the

workplace level, by discussions between the employee or employees and relevant supervisors and/or management.

2.4.4 If discussions at the workplace level do not resolve the dispute, a party to the dispute may refer the matter to Fair Work Commission.

2.4.5 The Fair Work Commission may deal with the dispute in 2 stages:


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(a) the Fair Work Commission will first attempt to resolve the dispute as it considers appropriate, including by mediation, conciliation, expressing an opinion or making a recommendation; and

(b) if the Fair Work Commission is unable to resolve the dispute at the first stage, the Fair Work Commission may then:

(i) arbitrate the dispute; and (ii) make a determination that is binding on the parties.

Note: If Fair Work Commission arbitrates the dispute, it may also use the powers that are available to it under the Act. A decision that Fair Work Commission makes when arbitrating a dispute is a decision for the purpose of Div 3 of Part 5.1 of the Act. Therefore, an appeal may be made against the decision.

A decision that Fair Work Commission makes when arbitrating a dispute is a decision for the purpose of Div 3 of Part 5.1 of the Act. Therefore, an appeal may be made against the decision.

2.4.6 While the parties are trying to resolve the dispute using the procedures in this term: (a) an employee must continue to perform his or her work as he or she would

normally unless he or she has a reasonable concern about an imminent risk to his or her health or safety; and

(b) an employee must comply with a direction given by the employer to perform other available work at the same workplace, or at another workplace, unless:

(i) the work is not safe; or (ii) applicable work health and safety legislation would not permit the work to

be performed; or (iii) the work is not appropriate for the employee to perform; or (iv) there are other reasonable grounds for the employee to refuse to comply

with the direction. 2.4.7 The parties to the dispute agree to be bound by a decision made by Fair Work

Commission in accordance with this term.

2.5 PROVISIONS ABOUT DISCRIMINATION, HARASSMENT / BULLYING AND SAFETY

2.5.1 The Parties to this Enterprise Agreement are committed to creating and maintaining safe, productive, harmonious and ethical workplaces. Maari Ma will not tolerate behaviour by its employees that is considered to be illegal, unethical, violent or socially irresponsible. Maari Ma expects all employees to be ethical in all business and workplace dealings and not to be involved in discriminatory work practices or behaviour that could be regarded as discriminatory, sexual harassment or harassment.

2.5.2 The Parties agree that the effect of this Enterprise Agreement is not to allow any conduct or treatment, either direct or indirect that would:


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(a) contravene the Anti-Discrimination Act 1977 (NSW); or (b) contravene the Work Health and Safety Act 2011 (NSW).

2.6 COUNSELLING AND DISCIPLINE PROCEDURES 2.6.1 The counselling and discipline procedure is intended to improve performance and

services. To ensure that there are no misunderstandings when discipline is to be administered the Parties shall adhere to the following procedure in each instance of discipline.

2.6.2 Employees who exhibit unsatisfactory performance or behaviour shall be counselled to ensure that they understand the standards expected of them and may be offered assistance or training or guidance as deemed reasonably necessary in achieving those standards. The employee shall be given notice either verbally or in writing of any disciplinary issue including unsatisfactory performance or behaviour with appropriate opportunity to respond to any allegations before any action is taken. At all stages of the disciplinary process the employee shall have the right to have a person of his/her choice, present as a support person or representative.

2.6.3 The Disciplinary Procedure for Maari Ma shall be the following: (a) Investigation – Maari Ma, on becoming aware of an incident that may require disciplinary action, will investigate the incident and will make a decision as to whether the incident is one that requires disciplinary action. (b) Counselling – Prior to any disciplinary action being taken by Maari Ma against any employee, the employee will be counselled in relation to the matter, with a view to accurately identifying the problem/s, and the means of reducing and removing the problem/s. (b) Conference Prior to Termination – Prior to any notice of termination, a problem-solving conference will be held between the CEO‘s delegate and the employee who is the subject of a proposed termination. The employee is entitled to have a support person or representative present. 2.6.4 Reprimand

(a) If counselling does not result in an improvement in work performance or does not reduce or remove the problem/s, the supervisor shall reprimand the employee for unsatisfactory performance of his/her duties. Prior to the reprimand, the employee is to be advised that a support person may be present as an observer when the reprimand is given. (b) In reprimanding the employee, the supervisor shall notify the employee in writing of the problem/s, that the disciplinary procedure has commenced and that the employee could be dismissed if he/she does not improve his/her performance. If the employee so requests, appropriate counselling and/or training shall be provided so that the any problems can be rectified. (c) When the reason for the reprimand has been identified and agreed between the parties, it shall be put in writing. If the employee so requests, appropriate counselling and/or training shall be provided so that any problems can be rectified.

(d) The supervisor shall keep a full written record of the reprimand.


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2.6.5 Recommencement of Disciplinary Procedure (a) Where six (6) calendar months have passed since an employee has been given a reprimand or a first warning and they have received no further reprimand or warning, the disciplinary procedure shall recommence, if at any time necessary, with counselling in its future application. (b) Where an employee has been given a final warning and twelve (12) calendar months have passed and the have received no further reprimand or warning, the disciplinary procedure shall recommence with counselling, in its future application to the employee.

2.6.6 Termination due to the Disciplinary Procedure

If Maari Ma believes that there has been no improvement in the employee‘s performance after the implementation of Clause 2.6.3 to 2.6.5 above, the CEO may terminate the employee‘s contract of employment in accordance with the Agreement by: (a) First Warning – If the employee does not improve his/her performance the

supervisor shall give the employee a written warning. The employee is entitled to have a support person present at this stage.

(b) Final Warning – If the employee does not improve his/her performance, the CEO‘s delegate will give the employee a final warning in writing. The employee is entitled to have a support person present at this stage. The final warning shall clearly state that should the employee‘s actions continue, he/she will be dismissed. Copies of the final warning shall be forwarded to the employee and a copy placed on the employee‘s personal file.

2.6.7 It is not intended in this procedure that Maari Ma may only terminate an employee for instances of the same disciplinary matter. Termination may occur for separate instances of any disciplinary matter where the employee has indicated a lack of intention to adhere to the policies and procedures of Maari Ma and/or has failed to meet the requirements of Maari Ma after appropriate counselling and warning has taken place. Nothing in this procedure shall limit the right of Maari Ma to summarily dismiss an employee for serious misconduct.

2.6.8Serious Misconduct (a) In instances of serious misconduct Maari Ma may terminate the employee through summary dismissal provisions in accordance with the Fair Work Act 2009. (b) Serious misconduct includes, but is not limited to:-

(i) theft (stealing), fraud, assault; (ii) the employee being intoxicated at work; (iii) the employee taking alcohol into ‗dry‘ communities for either private

consumption or sale; (iv) wilful or deliberate behaviour by the employee that is inconsistent with the continuation of the employment contract;


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(v) conduct by the employee that causes imminent and serious risk too

- a person‘s health or safety; or - the reputation, viability or profitability of Maari Ma‘s business;

(vi) the employee refusing to carry out a lawful and reasonable instruction that is consistent with the employment contract.

2.7 TERMINATION OF EMPLOYMENT 2.7.1 Notice of termination of employment by either Maari Ma or the Employee shall be in

accordance with the Fair Work Act 2009 including provisions for Significant Change and Redundancy, except in the cases of summary dismissal for serious misconduct.

2.7.2 Maari Ma 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.

2.7.3 Termination of Employment by the Employer: (a) In order to terminate the employment of an Employee (except Causal Employees), Maari Ma shall give the following notice:-

Period of Continuous Service Period of Notice 1 year or less 1 week 1 year and up to the completion of 3 years 2 weeks 3 years and up to the completion of 5 years 3 weeks 5 years and over 4 weeks

(b) In addition to the notice in (a) above, Employees over 45 years of age at the time of giving notice and with not less than two years continuous service, shall be entitled to an additional one (1) week‘s notice. (c) In calculating any payment in lieu of notice the minimum compensation payable to an Employee will be at least the total of the amounts Maari Ma 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:

(i) the ordinary working hours to be worked by the Employee; and (ii) the amounts payable to the Employee for the hours including for example allowances, loadings and penalties; and (iii) any other amounts payable under the Employee‘s employment contract.

(d) The period of notice in these clauses (a) to (d) shall not apply in the case of dismissal for serious misconduct or other grounds that justify instant dismissal or in the case of a Casual Employee, or an Employee engaged by the hour or day, or an Employee engaged for a specific period or tasks.

2.7.4 Termination of Employment by the Employee (a) the notice of termination required to be given by an Employee shall be the same as that required of Maari Ma [refer clause 2.7.3(a)], save and except that there shall be no


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additional notice based on the age of the Employee concerned. (b) If an Employee fails to give notice Maari Ma shall have the right to withhold monies due to the Employee with the maximum amount equal to the relevant time rate for the period of notice.

2.8 CONSULTATION REGARDING MAJOR WORKPLACE CHANGE 2.8.1 This term applies if the employer: (a) has made a definite decision to introduce a major change to production,

program, organisation, structure or technology in relation to its enterprise that is likely to have a significant effect on the employees; or

(b) proposes to introduce a change to the regular roster or ordinary hours of work of employees.

2.8.2 Major Change For a major change referred to in paragraph (1)(a): (a) the employer must notify the relevant employees of the decision to introduce

the major change; and (b) subclauses (3) to (9) apply. 2.8.3 The relevant employees may appoint a representative for the purposes of the

procedures in this term. 2.8.4 If: (a) a relevant employee appoints, or relevant employees appoint, a

representative for the purposes of consultation; and (b) the employee or employees advise the employer of the identity of the

representative; the employer must recognise the representative.

2.8.5 As soon as practicable after making its decision, the employer must: (a) discuss with the relevant employees: (i) the introduction of the change; and (ii) the effect the change is likely to have on the employees; and (iii) measures the employer is taking to avert or mitigate the adverse effect of

the change on the employees; and (b) for the purposes of the discussion—provide, in writing, to the relevant

employees: (i) all relevant information about the change including the nature of the

change proposed; and (ii) information about the expected effects of the change on the employees;

and


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(iii) any other matters likely to affect the employees. 2.8.6 However, the employer is not required to disclose confidential or commercially

sensitive information to the relevant employees. 2.8.7 The employer must give prompt and genuine consideration to matters raised about

the major change by the relevant employees. 2.8.8 If a term in this agreement provides for a major change to production, program,

organisation, structure or technology in relation to the enterprise of the employer, the requirements set out in paragraph (2)(a) and subclauses (3) and (5) are taken not to apply.

2.8.9 In this term, a major change is likely to have a significant effect on employees if it results in:

(a) the termination of the employment of employees; or (b) major change to the composition, operation or size of the employer‘s

workforce or to the skills required of employees; or (c) the elimination or diminution of job opportunities (including opportunities for

promotion or tenure); or (d) the alteration of hours of work; or (e) the need to retrain employees; or (f) the need to relocate employees to another workplace; or (g) the restructuring of jobs.

Change to regular roster or ordinary hours of work

2.8.10 For a change referred to in paragraph (1)(b): (a) the employer must notify the relevant employees of the proposed change; and (b) subclauses (11) to (15) apply. 2.8.11 The relevant employees may appoint a representative for the purposes of the

procedures in this term. 2.8.12 If: (a) a relevant employee appoints, or relevant employees appoint, a

representative for the purposes of consultation; and (b) the employee or employees advise the employer of the identity of the

representative; the employer must recognise the representative.

2.8.13 As soon as practicable after proposing to introduce the change, the employer must: (a) discuss with the relevant employees the introduction of the change; and (b) for the purposes of the discussion—provide to the relevant employees:


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(i) all relevant information about the change, including the nature of the change; and

(ii) information about what the employer reasonably believes will be the effects of the change on the employees; and

(iii) information about any other matters that the employer reasonably believes are likely to affect the employees; and

(c) invite the relevant employees to give their views about the impact of the change (including any impact in relation to their family or caring responsibilities).

2.8.14 However, the employer is not required to disclose confidential or commercially sensitive information to the relevant employees.

2.8.15 The employer must give prompt and genuine consideration to matters raised about the change by the relevant employees.

2.8.16 In this term: relevant employees means the employees who may be affected by a change referred to in subclause (1).

2.9 REDUNDANCY 2.9.1 Redundancy shall be in accordance with the NES (Fair Work Act 2009) and where

clause 2.9 results in an Employer no longer requiring the person‘s job to be performed by anyone because of change/s, then any redundancy shall be carried out in accordance with this clause and as per the National Employment S.

2.9.2 A Genuine Redundancy exists if: (a) Maari Ma no longer requires the person‘s job to be performed by anyone because of changes in the operational requirements of Maari Ma‘s enterprise; and (b) Maari Ma has complied with any obligation in this enterprise agreement that applied to the employment to consult about the redundancy.

2.9.3 Genuine Redundancy does not exist if it would have been reasonable in all the circumstances for the person to be redeployed within: (a) Maari Ma‘s enterprise; or (b) the enterprise of an associated entity of Maari Ma.

2.9.4 Transfer to lower paid duties (a) Where an Employee is transferred to lower paid duties for reasons set out clause 2.9.1 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 2.7 (Termination of Employment). (b) Maari Ma may, at its own discretion, make payment in lieu thereof of an amount equal to the difference between the former amounts Maari Ma would have been liable to pay and the new lower amount Maari Ma is liable to pay the Employee for the


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number of weeks of notice still owing. (c) The amounts must be worked out on the basis of:

(i) the ordinary working hours to be worked by the Employee; and (ii) the amounts payable to the Employee for the hours including for example, allowances, loadings and penalties; and (iii) any other amounts payable under the Employee's employment contract.

2.9.5 Job search entitlement (a) During the period of notice of termination given by Maari Ma in accordance with clause 2.7, an 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. (b) If the Employee has been allowed paid leave for more than one day during the notice period for the purpose of seeking other Employment, the Employee shall, at the request of Maari Ma, be required to produce proof of attendance at an interview or he or she shall not receive payment for the time absent. For this purpose a statutory declaration will be sufficient.

2.9.6 Severance pay (a) Severance pay An Employee, whose Employment is terminated by reason of redundancy is entitled to the following amount of severance pay in respect of a period of continuous service:

Period of Continuous Service Severance Pay Less than 1 year Nil At least 1 year and less than 2 years 4 weeks‘ pay At least 2 years and less than 3 years 6 weeks‘ pay At least 3 years and less than 4 years 7 weeks‘ pay At least 4 years and less than 5 years 8 weeks‘ pay At least 5 years and less than 6 years 10 weeks‘ pay At least 6 years and less than 7 years 11 weeks‘ pay At least 7 years and less than 8 years 13 weeks‘ pay At least 8 years and less than 9 years 14 weeks‘ pay At least 9 years and less than 10 years

16 weeks‘ pay

At least 10 years and over* 12 weeks‘ pay *There is a reduction in redundancy pay from 16 weeks to 12 weeks for Employees with at least 10 years continuous service. This is consistent with the 2004 Redundancy Case decision made by the Australian Industrial Relations Commission.

(b) 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. (c) Provided that the severance payments shall not exceed the amount which the Employee would have earned if Employment with Maari Ma had proceeded to the


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Employee's normal retirement date. 2.9.7 Employee leaving during notice period

An Employee given notice of termination in circumstances of redundancy may terminate his/her Employment during the period of notice set out in clause 2.7 -Termination of Employment. In this circumstance the Employee will be entitled to receive the benefits and payments they would have received under this clause had they remained with Maari Ma until the expiry of the notice, but will not be entitled to payment in lieu of notice.

2.9.8 Alternative Employment An Employer, in a particular redundancy case, may make application to Fair Work Australia to have the general severance pay prescription varied if Maari Ma obtains acceptable alternative Employment for an Employee.

2.9.9 Employees with less than one year's service Clause 2.8 (Redundancy) shall not apply to Employees with less than one (1) year's continuous service and the general obligation on Employers 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.

2.9.10 Employees and Employers exempted (a) Clause 2.9 Redundancy, does not apply to:

(i) Employees terminated as a consequence of serious misconduct that justifies dismissal without notice (ii) trainees (iii) Employees engaged for a specific period of time or for a specified task or

tasks, or (iv) casual Employees

2.9.11 Incapacity to pay Fair Work Australia may vary the severance pay prescription on the basis of an Employer's incapacity to pay. An application for variation may be made by an Employer.

2.9.12 Redundancy Disputes Procedure (a) Sub-clauses 2.8.12(a) and 2.8.12(b) impose additional obligations on an Employer where an Employer contemplates termination of Employment due to redundancy and a dispute arises (‗a redundancy dispute‘). (b) Where a redundancy dispute arises, and if it has not already done so, an Employer must provide affected Employees and the relevant Employee representatives (if requested by an affected Employee) in good time, with relevant information including:

(i) the reasons for any proposed redundancy;


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(ii) the number and categories of workers likely to be affected; and (iii) the period over which any proposed redundancies are intended to be carried

out. (c) Where a redundancy dispute arises and discussions occur in accordance with this clause Maari Ma will, as early as possible, consult on measures taken to avert or to minimise any proposed redundancies and measures to mitigate the adverse effects of any proposed redundancies on the Employees concerned, where the additional obligations do not resolve the dispute, then clause 2.4 Dispute Resolution Procedure of this Enterprise Agreement shall apply.

2.10 ABANDONMENT OF EMPLOYMENT 2.10.1 Where the Employee fails to attend work and the Employee does not notify Maari Ma

of the non-attendance, Maari Ma shall make at least two (2) attempts to locate the Employee to establish the Employee‘s whereabouts or employment intentions. Each attempt made by Maari Ma to contact the Employee shall be documented and such attempts shall be made within a period of two (2) weeks.

2.10.2 Where Maari Ma has not located the Employee after two (2) attempts pursuant to clause 2.9.1 and where the Employee has not notified Maari Ma, the Employee shall be deemed to have abandoned his/her employment and any monies owing shall be paid into the last know bank account of the Employee and written advice shall be forwarded to the last known address of the Employee.

2.11 INCIDENTAL OR PERIPHERAL TASKS 2.11.1 Maari Ma may direct an Employee to carry out such duties as are reasonably within the

limits of the Employees‘ skills, competence and training consistent with the classification structure of this Enterprise Agreement.

2.11.2 Maari Ma may direct an Employee to carry out such duties and use such tools and equipment as may be required provided that the Employee has been properly trained in the use of such tools and equipment.

2.11.3 Any direction issued by Maari Ma pursuant to clauses 2.10.1 and 2.10.2 shall be consistent with Maari Ma‘s responsibilities to provide a safe and healthy working environment.

2.12 HIGHER DUTIES PAYMENTS 2.12.1 At Maari Ma‘s instigation, an Employee may be assigned the responsibilities of a more

senior position than their usual employment (higher duties). 2.12.2 Maari Ma shall provide written advice (email) to the Employee outlining the higher

classification, remuneration and the duration of the higher duties period prior to the higher duties period commencing.

2.11.3 Employees who have received such written advice will be paid at the reassigned classification rate where the period spent in higher duties is for three (3) working days or longer.


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2.12.4 Maari Ma may direct the employee to carry out such duties and use such resources and equipment as may be required, provided that the Employee has been trained in the use of such resources and equipment.

2.12.5 Leave including ADOs taken whilst undertaking higher duties will be paid at the employee‘s ordinary rate.

2.12.6 Any direction issued by Maari Ma will be consistent with Maari Ma's responsibilities to provide a safe and healthy working environment and providing development opportunities for employees.

2.13 FATIGUE MANAGEMENT 2.13.1 Maari Ma is committed to assisting Employees in managing fatigue. Where

Employees are concerned or have suggestions to improve fatigue management, they should raise these concerns / suggestions with their immediate supervisor.

2.13.2 Employees must be fit for work on arrival at the workplace and remain so throughout the shift. It is important that the Employee/s take reasonable precautions and apply reasonable planning where activities outside of normal work times may affect performance at work.

2.13.3 Every person employed by Maari Ma has a duty of care which requires that they do not allow, coerce, pressure or direct any other person to undertake work that will compromise safety or breach regulatory and legislative obligations. Should any person employed by Maari Ma observe any such behaviour they have a responsibility to report this behaviour to the supervisor or an appropriate individual without delay.

PART 3 – DEFINITIONS, CLASSIFICATIONS AND REMUNERATION

3.1 DEFINITIONS 3.1.1 ―Aboriginal‖ for the purpose of this document, means a person of Australian Aboriginal

and Torres Strait Islander descent, who identifies as Aboriginal and/or Torres Strait Islander and who is accepted as an Aboriginal and/or Torres Strait Islander in the communities they have lived or now live.

3.1.2 ―Aboriginal knowledge and cultural skills – level 1‖ means: (a) an understanding, awareness and sensitivity to Aboriginal culture and lore, kinship and skin relationships, local cultural values, the ability to conduct oneself in a culturally appropriate manner and an understanding that Aboriginal culture is not homogenous throughout Australia; (b) where relevant, a knowledge of one or more relevant Australian Aboriginal language groups; (c) an ability to deliver or assist in the delivery of effective and appropriate services to an Aboriginal clientele through knowledge of the relevant Australian Aboriginal community, the ability to effectively communicate with Aboriginal people, and a knowledge of cultural conventions and appropriate behaviour;


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(d) an awareness of the history and role of Aboriginal organisations in the relevant region, an understanding of the organisations and their goals and the environment in which the organisations operate; (e) the ability to function effectively at work in an Aboriginal organisation; and (f) an understanding and/or awareness of the concepts of Aboriginal self-determination and Aboriginal identity ―Aboriginal knowledge and cultural skills—level 2‖ means: (a) Aboriginal knowledge and cultural skills—level 1 plus (b) a thorough knowledge of the history and role of Aboriginal organisations in the

region, including an understanding of the organisations and their goals and knowledge of the political and economic environment in which the organisations operate

―Aboriginal knowledge and cultural skills—level 3‖ means: (a) Aboriginal knowledge and cultural skills levels 1 and 2, plus (b) an understanding, awareness and/or sensitivity to local, national and international

cultural values and a clear understanding of Aboriginal organisations, their establishment and goals, and the political and economic environment in which the organisations operate at a local, national and international level

3.1.3 ―Aboriginal Health Practitioner‖ means a person registered by the Aboriginal and Torres Strait Islander Health practice Board.

3.1.4 ―Aboriginal Health Worker‖ is a person who: (a) identifies as an Aboriginal and/or Torres Strait Islander and is recognised by their community as such AND (b) is the holder of the minimum (or higher) qualification in Aboriginal and Torres Strait Islander primary health care; and (c) has a culturally safe and holistic approach to health care.

3.1.5 ―Better Off Overall Test‖ means s193 of the Act 3.1.6 ―Board‖ means the Board of Maari Ma Health Aboriginal Corporation 3.1.7 ―Enterprise Agreement‖ means this Maari Ma Health Aboriginal Corporation Enterprise

Agreement 2014 3.1.8 ―Act‖ means Fair Work Australia Act 2009 and Regulations 2009 3.1.9 ―FWA‖ means Fair Work Australia. 3.1.10 ―Level‖ means the identification of a group or groups of work function/s as required by

operational requirements. Employee skills and competencies shall be assessed in terms of a Level recognising the Employee‘s ability to perform those functions. Employees shall be assigned to a Level, as determined by Maari Ma. A Level may include any one or more functions designed in any lower Level at any time if required.

3.1.11 ―Immediate Family or household‖ means


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(a) a spouse, de facto partner, same sex partner, child, parent, grandparent, grandchild or sibling of the Employee; or (b) a child, parent, grandparent, grandchild or sibling of a spouse or de facto partner of the Employee. (c) as well as extended family relationships represented by Aboriginal and Torres Strait Islander kinship structures provided that such relationships can be demonstrated.

3.2 CLASSIFICATIONS 3.2.1 Employees will be classified and paid accordingly to the Level descriptions. The job

titles or functions as described within each Level are not necessarily complete and are indicative only. As the business of Maari Ma grows or develops further, job titles may be classified and added provided that the competency levels required to carry out the functions are commensurate with the Level. Progression into a higher Level shall be by assessment and availability of a position in all cases.

3.2.2 Classification Descriptors are stated in Schedule 1, 2, 3, 4 and 5 of this Enterprise Agreement.

3.2.3 The classification Descriptors are a wage rate classification guide only and are not intended to determine scope of professional practice. The actual scope of practice is influenced by the context in which care takes place, the health needs of the people, the level of competence of the health professional, registration, credentialing and the policy requirements of Maari Ma.

3.3 REMUNERATION 3.3.1 Progression Between Paypoints

Progression for all classifications for which there is more than one pay point will be any annual movement to next pay point, which shall be 1,976 hours of work for full time and part time and casual employees. Periods of approved Leave without pay shall not count towards time served for the purposes of progression between pay points.

3.4 ALLOWANCES 3.4.1 Remote Allowance

A staff member shall be paid a remote allowance of $8.60 per week (pro-rata for part-time Employees), paid in hourly allotments, where they permanently reside in the boundaries of the Maari Ma region.

3.5 JUNIOR RATES 3.5.1 Junior Rates apply only to Employees classified under Schedule 1 – Aboriginal Health

Workers and Schedule 2 – Operations. 3.5.2 A junior Employee will be paid the following percentage of the ordinary rate prescribed

by this agreement for the appropriate adult classification:

Age % At 16 years and under 50


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At 17 years 60 At 18 years 70 At 19 years 80 At 20 years 90

3.6 SUPERANNUATION – EMPLOYER CONTRIBUTION 3.6.1 All Employees are eligible for Employer funded superannuation in accordance with

Superannuation Guarantee Charge Act 1992 and amendments 3.6.2 All Employees may nominate a complying fund to receive their superannuation

guarantee contributions by completing the ―Choice of Superannuation Fund Standard Choice Form‖ as provided by Maari Ma.

3.6.3 Where after a period of twenty eight (28) days an Employee has not nominated a choice of a complying superannuation fund the Parties agree that the default fund for Maari Ma fund shall be Maari Ma Health Aboriginal Corporation AMP Group Superannuation Fund to receive Maari Ma contributions on behalf of the Employee in accordance with the Superannuation Guarantee Charge Act 1992.

3.7 PAYMENT OF WAGES 3.7.1 The payment of employee wages or salaries shall be made fortnightly in arrears by

electronic funds transfer into an account/s nominated by the employee. 3.7.2 In the instance where an underpayment of wages has occurred, Maari Ma will inform

the employee and make the adjustment for the wages in the next pay period or as soon as practicable.

3.7.3 In the instance where an overpayment of wages has occurred, Maari Ma will inform the employee as soon as possible and together will identify a reasonable plan for the employee to pay back the monies, keeping in mind the capacity of the employee, the amount and the period during which the overpayment occurred.

3.8 WAGE INCREASES DURING LIFE OF ENTERPRISE AGREEMENT 3.8.1 Wages will be increased by 2.5% per annum effective from the first full pay period in

July for each year for the life of this agreement. 3.8.2 Maari Ma will ensure that the minimum rates in this Enterprise Agreement shall be no

less than the relevant Modern Award Wage Rates. Where the minimum rates in this Enterprise Agreement are lower than the minimum rates as determined by the National Wage Order then the rate contained within this Enterprise Agreement shall be increased.


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3.9 SALARY SACRIFICE ARRANGEMENTS 3.9.1 The Australian Taxation Office (ATO) has endorsed Maari Ma as a Public Benevolent

Institution (PBI). PBI status provides some significant tax concessions. For the Employee, this relates to non-cash payments via a salary sacrificing mechanism, within any Fringe Benefits Tax year (running from 1 April through to 31 March the following year).

3.9.2 Maari Ma wishes to maximise the benefits offered under a PBI status. Salary sacrificing with FBT thresholds offers an array of options to staff and will assist Maari Ma in retaining, rewarding and attracting quality staff. As long as Maari Ma maintains its PBI status, salary sacrificing will remain a choice for its Employees.

3.9.3 Maari Ma retains the right to select the salary packaging provider that the Employees may use. Maari Ma reserves the right to review, alter or discontinue salary packaging in the event of changes in relevant taxation or other legislation. In the event that Maari Ma ceases to attract fringe benefits tax exemption, in whole or part, all salary packaging arrangements will be terminated.

3.9.4 Salary packaging is optional and Employees are under no obligation to package. Any fringe benefits tax obligations over the current cap set by the ATO and any income tax liability are the responsibility of the Employee.

3.9.5 Maari Ma is under no obligation to honour any arrangements a new Employee may have had with a previous employer.

3.9.6 Salary packaging is not available for casual staff members.

PART 4 – HOURS OF WORK

4.1 HOURS OF WORK 4.1.1 Ordinary Hours of Work

(a) The ordinary hours of work for a full-time Employee, exclusive of meal times, will be an average of thirty eight (38) hours per week, seventy six (76) hours per fortnight or one hundred and fifty two (152) hours averaged over twenty eight (28) days. (b) The shift length or ordinary hours of work per day will be a maximum of 10 hours exclusive of meal breaks. (c) Each Employee must be free from duty for not less than two full days in each week and one allocated day off in each four weekly period. (d) The hours of work on any day will be continuous except for meal breaks. (e) Minimum engagement for Part Time and Casual Employees shall be 3 hours.

4.1.2 Allocated Days Off (a) The employee‘s allocated day off duty shall be determined by mutual agreement having regard to the needs of the service.


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(b) Where there is agreement between Maari Ma and the employee, an employee‘s allocated days off duty may be accumulated and taken at a time mutually agreed upon provided that the maximum number of allocated days off duty which may accumulate shall be five (5). (c) Any allocated day off duty accumulated but not taken as at date of termination shall be paid at the ordinary rates applicable as part of the usual termination entitlement.

4.1.3 Span of hours (a) The ordinary hours of work for a day worker will be between 7.00 am and 7.00 pm Monday to Friday. Maari Ma‘s core operation hours are 8:30am to 5:00pm Monday to Friday. (b) Hours worked in excess of clause 4.1.1 (a) (b) and 4.1.2 (a) shall be compensated in accordance with clause 4.4 Overtime/Time in Lieu

4.2 ROSTERS 4.2.1 Where a roster system is in place employees shall work in accordance with such roster

system. 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.

4.2.2 The roster system shall be based on a five (5) day operation, Monday to Friday. 4.2.3 The roster shall show the employee‘s commencing and ceasing time on each day of

each week, and the roster shall be posted in a visible place accessible to all employees.

4.2.4 A week‘s notice of any change in the roster shall be given and a new roster substituted (a week means seven (7) days‘ notice), except where: (a) the roster is amended by mutual agreement between Maari Ma and the employee/s affected; (b) there is a case of emergency and/or special circumstances when the change will be at the discretion of Maari Ma; (c) the employee is a casual employee employed on an as required basis.

4.3 BREAKS 4.3.1 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 Maari Ma and the employee.

4.3.2 Rest (Tea) Breaks (a) Every employee will be entitled to a paid ten (10) minute rest pause in each four hours worked at a time to be agreed between Maari Ma and the employee. (b) Subject to agreement between Maari Ma and the employee, such breaks may


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alternatively be taken as one twenty (20) minute tea break. (c) Rest pauses will count as time worked.

4.4 OVERTIME/TIME IN LIEU 4.4.1 As a general rule, Employees of Maari Ma are not required to work overtime. Where an

employee is actually required to work additional hours, the following provisions must be met: (a) Where possible, the employee must have pre-approval from their line manager or supervisor before such additional hours are commenced; or (b) Where the employee cannot get such pre-approval, they must notify their supervisor as soon as possible after the additional hours are worked and must be able to demonstrate that the hours were essential and unavoidable; or (c) Maari Ma has specifically directed the employee to work such additional hours

4.4.2 Where hours are worked in excess of or outside the span of hours in clause 4.1.1 (a) (b) and 4.1.2 (a) , such hours will be deemed to be additional hours. The parties to this Agreement mutually agree that authorised additional hours will be compensated by way of time in lieu instead of the payment of traditional overtime penalties on the following basis: (a) Time in Lieu will accrue on the basis of one hour off for one hour worked (b) Accrual of time in lieu is limited to 40 hours at which time the employee must take the time off before working any further additional hours to ensure the health and well-being of the employee (c) Time in Lieu must be taken at ordinary rates within three months of it being accrued, at a time mutually agreed between the line manager and the employee; (d) Where it is not possible for an employee to take the accrued time off within the three month period, the employee may agree with their line manager for a suitable time for such time off to be taken; (e) All amounts of time in lieu accrued but not taken at the time of termination shall be paid out at the employee‘s ordinary rate in their final termination pay.

4.4.3 This clause will not apply to employees classified as Operations Levels 11 and 12.

4.5 PENALTY RATES 4.5.1 Employees required to work afternoon shift shall be paid the following percentages in

addition to the ordinary rate for such a shift: (a) Shift commencing between 10:00 am and 1:00pm and finishing later than 6:00pm – 10% (b) Shift commencing between 4:00 pm and before 4:00 am – 15% (c) Part time employees who work less than 38 hours per week will be paid the

following: Shift commences between 1:00pm and 4:00pm and finish after 6:00pm – 12.5%


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Shift commencing after 4:00pm – 15%

PART 5 – LEAVE

5.1 ANNUAL LEAVE 5.1.1 All full time employees covered by this Enterprise Agreement will accrue leave at the

rate of 5 weeks per annum. Part time employees will accrue leave in the same proportion as their contract hours to 38.

5.1.2 Casual employees do not have any entitlement to annual leave. 5.1.3 Annual leave will be payable either on the taking of the leave or the balance paid to the

employee on termination of employment with Maari Ma. Annual Leave Loading of 17.5% shall be paid for all annual leave.

5.1.4 Maari Ma and the employee may mutually agree to a time for the employee to take any annual leave entitlements owing. Employees will be required to take annual or other leave during the end of year shutdown (Christmas to New Year).

5.1.5 If there is no mutual agreement and the employee has accrued in excess of one hundred and ninety hours (190) hours annual leave, then Maari Ma can give the Employee twenty eight (28) days‘ notice in writing to take annual leave.

5.1.6 This agreement allows for annual leave to be taken in a minimum period of one hour. However where Maari Ma believes that an employee is reducing their annual leave accruals by taking small amounts on a regular basis and such employee will not be able to take a block of annual leave of at least two weeks to provide a respite from the workplace, Maari Ma may reject further applications for small amounts of annual leave.

5.2 PERSONAL LEAVE 5.2.1 Personal leave covers both sick and carer‘s leave and shall be in accordance with the

NES (Fair Work Act 2009). 5.2.2 Full time employees will be entitled to sick leave on full pay up to seventy six (76)

ordinary hours or ten (10) days for each year of continuous service. Personal leave accumulates from year to year.

5.2.3 Part time employees shall be entitled to personal leave in the same proportion of 76 hours as the average weekly hours worked over the preceding 12 months

5.2.4 Casual Employees do not have an entitlement to personal leave. 5.2.5 The balance of personal leave is not paid on termination of employment 5.2.6 The employee will be entitled to payment 7.6 hours per day (or part thereof) for any

absence from work if all of the following conditions are met: (a) The employee notifies Maari Ma promptly prior to the scheduled commencement of their shift of their absence; (b) The employee advises Maari Ma of the expected length of absence and regularly updates Maari Ma if that length of absence varies from the initial notification.


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(c) any absence exceeding two (2) days, the employee must, on return to work or earlier, produce a certificate from a duly registered health practitioner (in relation to the area of practice), specifying the employee is unfit for work during the period of absence because of personal illness, injury or carer‘s responsibilities; and (d) the employee has accrued the necessary personal leave entitlements. Where the employee does not have any accrued personal leave, the absence shall be unpaid or annual leave at the employee‘s request. (e) Notwithstanding (c) above, should the conditions as stated in (a) and (b) and (d) not be met, then the absence shall not be approved and will remain unpaid.

5.2.7 Personal leave will not be payable during any period which the employee is entitled to or is receiving compensation for an injury under the Workplace Injury Management and Workers Compensation Act 1988 (NSW)

5.2.8 As part of the Personal Leave entitlement, full time employees and part time employees shall have an entitlement to paid Carer‘s Leave when an employee is required to provide care or support to a member of the employee‘s immediate family or household member who requires care or support as they are sick or injured or has an unexpected emergency.

5.2.9 An employee, including a casual employee, is entitled to two (2) days unpaid carers leave for each occasion when a member of the employee‘s immediate family or household requires care or support because of personal illness, injury or an unexpected emergency.

5.3 COMPASSIONATE LEAVE 5.3.1 Full time employees and part time employees shall have an entitlement to paid

Compassionate Leave and casual employees shall have an entitlement to unpaid Compassionate Leave.

5.3.2 Employees shall be entitled to up to two (2) days compassionate leave per occasion to spend time with a member of their immediate family or household who has sustained a life threatening illness or injury. Compassionate leave may also be taken after the death of a member of the employee‘s immediate family or household. The two (2) days may be taken in a single unbroken period of two (2) days or two separate periods of one (1) day as agreed by Maari Ma and the employee.

5.4 PARENTAL LEAVE 5.4.1 Parental Leave shall be in accordance with the NES (Fair Work Act 2009), which states

that Employees are entitled to up to 12 months unpaid leave, plus a right to request an additional 12 months unpaid leave, plus other forms of maternity, paternity and adoption-related leave.

5.4.2 Full or part time employees who have completed at least 40 weeks continuous service and who are eligible for Parental Leave under the NES will also be entitled to six (6) weeks paid parental leave paid at the employee‘s ordinary rate of pay.

5.4.3 Full time employees will be entitled to paid parental leave calculated on 38 hours per week.


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5.4.4 Part time employees will be entitled to paid parental leave calculated on their usual weekly hours. Where no usual weekly hour pattern exists, they shall be paid the average of the hours worked over the preceding 6 weeks immediately before commencing such paid parental leave.

5.4.5 Parental leave may be taken at half pay over twelve (12) weeks. 5.4.6 Employees who have completed at least 40 weeks of continuous service and whose

spouse or partner is pregnant or is taking custody of a child, are entitled to 5 days paid leave paid at the normal hours and rate of pay. Such leave may be taken at the time of birth or a time approved by Maari Ma.

5.5 JURY SERVICE 5.5.1 Jury Service shall be in accordance with the NES. The employee must notify Maari Ma

as soon as possible should the employee be required to attend jury service and the date(s) upon which the employee is required to attend.

5.5.2 The employee will be required to provide Maari Ma with proof of attendance, which includes the duration of such attendance and the amount of money received in respect of any jury service.

5.5.3 Employees, other than casual employees, required to attend jury service during their normal working time will receive their ordinary normal earnings for the period defined in the NES provided that subclause 5.5.4 is enacted.

5.5.4 The employee will be required to notify Maari Ma of monies received for serving jury duty to enable Maari Ma to make up the difference between such monies and their normal earnings.

5.5.5 Casual employees, required to attend for jury service during their ordinary working hours will be granted the necessary leave without pay to fulfil those requirements.

5.5.6 Should the employee not be empanelled and not be required to serve on any day, the employee will be expected to return to work as usual.

5.5.7 If the employee is empanelled on a jury, the employee will not be required to attend work until completion of the jury service.

5.5.8 Should the employee be concerned that the employee‘s absence from Maari Ma while on jury service may have an unreasonably adverse effect on the ability of the section to function, the employee is encouraged to discuss the matter with the supervisor or manager.


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5.6 LONG SERVICE LEAVE 5.6.1 Each full time or part time employee shall be entitled to two (2) months long service

leave on full pay after ten (10) years of service; thereafter additional long service shall accrue on the basis of five (5) months long service leave on full pay for each ten (10) years‘ service.

5.6.2 Employees with at least seven (7) years‘ service and less than ten (10) years‘ service are entitled, proportionate to his or her length of service, to proceed on a proportionate period of long service leave on the basis of two (2) months' long service leave for ten (10) years' service on full pay.

5.6.3 Where the services of an employee with at least five (5) years‘ service and less than seven (7) years‘ service are terminated by the employer for any reason other than the employee's serious and wilful misconduct, or by the employee on account of illness, incapacity or domestic or other pressing necessity, he/she shall be entitled to be paid a proportionate amount for long service leave on the basis of two (2) months' long service leave for ten (10) years' service.

5.6.4 Where the services of an employee with at least seven (7) years and less than ten (10) years‘ service are terminated by the employer or by the employee, he/she shall be entitled to be paid a proportionate amount for long service leave on the basis of two (2) months' long service leave for ten (10) years' service.

5.6.5 For the purposes of subclause 5.6.1 of this clause ‗Service‘ shall mean continuous service within Maari Ma.

5.6.6 Service shall not include - (a) any period of leave without pay, except in the case of employees who have completed at least ten (10) years‘ service (any period of absence without pay being excluded there from), in which case service shall include any period of leave without pay, not exceeding six (6) months;

5.6.7 An employee with an entitlement to long service leave may elect to access such entitlement:

(i) on full pay; (ii) on half pay; or (iii) on double pay.

5.6.8 When an employee takes long service leave, the leave entitlement will be deducted on the following basis: (a) a period of leave on full pay - the number of days so taken; (b) a period of leave on half pay - half the number of days so taken; or (c) a period of leave on double pay - twice the number of days so taken.


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5.6.9 When taking long service leave and an employee would otherwise have had a rostered shift fall on a public holiday during that period, the amount of long service leave to be deducted is to be reduced by one day for the public holiday.

5.6.10 Long Service Leave shall be taken at a time mutually arranged between Maari Ma and the Employee.

5.6.11 On the termination of employment of an employee, otherwise than by his/her death, Maari Ma shall pay to the employee the monetary value of all long service leave accrued and not taken at the date of such termination and such monetary value shall be determined according to the salary payable to the employee at the date of such termination.

5.7 PUBLIC (STATUTORY) HOLIDAYS 5.7.1 Maari Ma does not require its Employees to work on Public Holidays, and will pay all

Employees for that day as ordinary hours worked. 5.7.2 The following Statutory Holidays shall be the public holidays recognised by this

Enterprise Agreement: (a) New Year‘s Day (1st January) (b) Australia Day (26th January) (c) Good Friday (d) Easter Sunday (e) Easter Monday (f) Anzac Day (25th April) (g) Labour Day (h) Queen‘s Birthday (i) Christmas Day (25th December) (j) Boxing Day (26th December) (k) Additional public holiday as allocated between Christmas day and new year‘s day; and (l) Any day gazetted under the Public Holidays Act 2010 (NSW)

5.7.3 Public holidays occurring during a period of unpaid leave will not be paid.

5.8 NATURAL DISASTER LEAVE 5.8.1 An Employee who is prevented from attending their normal place of employment, due

to cyclone, fire or severe storm damage or is ordered to leave their place of employment due to the threat of flooding, cyclonic disturbances or bushfires will be entitled up to two (2) days paid leave on each occasion.

5.8.2 Such leave is not cumulative or paid out on termination.

5.9 STUDY, TRAINING & CONFERENCE LEAVE


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5.9.1 ―Study, Training & Conference Leave‖ means leave for the purpose of professional development activities or study initiated by the employee to maintain and advance their skills and expertise to meet workforce objectives aligned with Maari Ma‘s strategic and service objectives. Maari Ma may provide approval for an employee to take up to five (5) days paid study leave each financial year, where the employee is participating in an accredited training or education program of their own undertaking that may have a direct benefit to the enhancement of an employee‘s performance in their job.

5.9.2 Applications for study leave will be considered on their individual merits and will be assessed on the basis of the study having a direct current or future benefit to Maari Ma in relation career development and succession planning consistent with strategic and service objectives. Payment of expenses will be relative to the organisation requirement for the training to be undertaken.

5.9.3 At Maari Ma‘s discretion, leave in excess of five (5) days per financial year may be approved.


5.10 MANDATORY TRAINING 5.10.1 ―Mandatory Training‖ means compulsory training that an employee is directed by Maari

Ma to undertake. Such training is required by Maari Ma or required by the position that the employee holds with Maari Ma. Mandatory training includes, but is not limited to: orientation, manual handling, CPR etc.

5.10.2 Employees attending Maari Ma mandatory training shall be paid ordinary time for all time spent in such training. Maari Ma will pay or the employee will be reimbursed all reasonable expenses incurred in attending mandatory training.

5.10.3 Reasonable Expenses include travel, accommodation and meals.

5.11 CONTINUING PROFESSIONAL DEVELOPMENT (CPD) 5.11.1 ―Continuing Professional Development‖ means training that an employee is required to

undertake in order to maintain their registration or currency of their overarching qualification (i.e. Nurses, Health Professional, and Aboriginal Health Practitioners).

5.11.2 Where an employee is required to undertake CPD in order to maintain their occupation registration or currency of their overarching qualification, including attendance at professional conferences and seminars related which contribute to CPD hours and credentialing requirements, Maari Ma may provide support of up to three (3) days CPD leave per financial year.

5.11.3 Applications for CPD must be approved by Maari Ma prior to the training being undertaken.

5.11.4 Maari Ma is not responsible for paying for, or reimbursing the employee for any costs associated with CPD including tuition fees, travel or meals.



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5.12 LEAVE WITHOUT PAY 5.12.1 Leave without pay up may be approved by Maari Ma upon receipt of such a request

from the employee. Such applications shall be at the discretion of the employee. 5.12.2 Leave without pay for period/s of up to two (2) weeks may be approved by the

employee‘s Line Manager. 5.12.3 Leave without pay greater than two (2) weeks, must be approved by the Chief

Executive Officer.

5.13 CULTURAL LEAVE 5.13.1 An employee who is legitimately required by Aboriginal or Torres Strait Islander or

other ethnic tradition to be absent from work for ceremonial purposes will be entitled to up to ten (10) working days unpaid leave in any one financial year with the approval of Maari Ma.

5.14 COMMUNITY SERVICE LEAVE 5.14.1 Employees can access community service leave in accordance with the NES (Fair

Work Act 2009). Community service leave is unpaid. 5.14.2 Employees, including Casual Employees are entitled to be absent from work for the

purpose of performing certain community service activities such as: (a) a ‗voluntary emergency management activity‘

(b) jury service (including attendance for jury selection) that is required by or under a law of the Commonwealth, a State or a Territory.

5.14.3 A ‗Voluntary Emergency Management Activity‘ involves: (a) engagement in an activity that involves dealing with an emergency or natural disaster;

(b) the employee engages in the activity on a voluntary basis (c) the employee is a member of, or has a membership-like association with a ‗recognised emergency management body‘ and either:

(i) the employee was requested by or on behalf of the body to engage in the activity or (ii) no such request was made, but it would be reasonable to expect that if the circumstances had permitted the making of such a request, it is likely that such a request would have been made.

5.15 NAIDOC DAY 5.15.1 Employees who identify as Australian Aboriginal and/or Torres Strait Islander may be

granted up to one day Special Leave (i.e. there is to be no debiting of annual leave, long service leave or ADO‘s) so that they may participate in NAIDOC Week celebrations.


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5.16 INDUSTRIAL RELATIONS TRAINING LEAVE 5.16.1 In order to encourage cooperative workplace relations and facilitate the operation of

this agreement, Maari Ma may grant an employee nominated by the union up to five (5) days unpaid trade union education leave per year to acquire knowledge and competencies in industrial relations to enable Employees to effectively participative and perform a representative role.

5.16.2 Maari Ma will grant Industrial Relations Training Leave so long as granting the leave does not unduly impact on service delivery or unduly affect the operational requirements. Such leave is not cumulative.


PART 6- SIGNATORIES


Signed for and on behalf of Maari Ma Health Aboriginal Corporation ABN 39056645930 by its duly authorised representative (the employer covered by this Agreement):

/J Signature .. _/l.uA. -----·-Name ~~avis Position Chief Executive Officer

- -Date ath July 2014

Witness

Signature --(.f:\1~~~__) -~ Name c +\ ~- eru-t~ o ~~-----·--------Date ath July 2014

Signed for and on behalf of the employees covered by this Agreement:

Signature ~~ --

Name J"aV'f tt' l?r 'lit;, _2 _____ , __ f--

Position li!.~~; t !-( t'C{. I ft.. WC,,/(;,~

Date ~ 14 Ttt I /- 2 ?Jicr

~ Witness -

Signature -- ~----·--·----------·---------

Name r<en9e Qoach _________ --Date g+t' J LA I" 20\4- .

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Signed for and on behalf of the HSU New South Wales Branch, as a bargaining representative, by its

duly authorised officer:

~········ · ········ ··

Gerard Hayes

Secretary

Health Services Union NSW Branch

Level2, 109 Pitt Street

SYDNEY NSW 2000

A.J. Coquillon JP

{108215 NSW)

Level 2, 109 Pitt Street

SYDNEY NSW 2000

Authority to sign Agreement on behalf of employees, pursuant to a delegation, is in accordance with Rule 40 of the Rules of the Health Services Union.


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Signed for and on behalf of the NSW Nurses & Midwives‘ Association by its duly authorised officer:

Signature

Name

Position

Date

Witness

Signature

Name

Date


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SCHEDULE 1: ABORIGINAL HEALTH WORKERS Aboriginal Health Worker 1 An employee at this level is an Aboriginal and/or Torres Strait Islander person and is in their first year of service. They will generally have no direct experience in the provision of Aboriginal health services or programs and will commence study for Certificate III in Aboriginal Primary Health Care or other relevant qualification. They will provide support to clinical staff to improve access for community residents to health services and provide primary health services support, education and liaison duties under direct supervision, as part of the multidisciplinary team approach. It is desirable that staff at this level have Aboriginal knowledge and cultural skills— level 1. Aboriginal Health Worker 2 An employee at this level is an Aboriginal and/or Torres Strait Islander person who:

(i) has completed Certificate III in Aboriginal Primary Health Care and demonstrates competency at this level; or

(ii) other relevant qualification; or (iii) a person with other qualifications or experience deemed relevant by Maari Ma; or (iv) an Aboriginal Health Worker 1 who has been promoted to Aboriginal Health Worker 2

after having been assessed as having the requisite competence with a minimum of one year‘s experience at Aboriginal Health Worker 1

An employee at this level is expected to provide a range of health functions of a clinical, preventative, rehabilitative or promotional nature under the general direction of professional staff. Aboriginal trainees commencing after 1/7/2014 and undertaking an undergraduate traineeship will commence at this level. Incremental progression will be subject to completion of required units of degree level studies per annum (achieving a minimum pass grade). Upon completion of the Bachelor degree, the trainee will transition to the Health Professional graduate classification. It is desirable that staff at this level have Aboriginal knowledge and cultural skills— level 1. Aboriginal Health Worker 3 An employee at this level holds a Certificate IV in Aboriginal Primary Health Care Practice or Certificate IV in Aboriginal Primary Health or other relevant qualification or experience. Employees at this level are able to independently undertake a full range of duties, including dealing with the most complex matters, and working with a cohort of clients in a range of practice and primary health settings. Employees at this level will be expected to perform their duties with little supervision, take a lead role in engaging clients and families with the multidisciplinary team. At this level it is expected that the employee would have a thorough understanding of the model of care, and its integration into practice. An employee who is required by legislation to maintain registration as a condition of employment must be classified no less than Aboriginal Health Worker 3 Year 2.


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Aboriginal Trainees (eg Trainee Primary Mental Health Workers) commencing prior to 30/6/2014 and undertaking an undergraduate degree will commence at AHW 3 Year 1 and incremental progression will be subject to completion of required units of degree level studies per annum (achieving a minimum pass grade). Upon completion of the Bachelor degree, the trainee will transition to the Health Professional graduate classification. It is desirable that staff at this level have Aboriginal knowledge and cultural skills— level 1. Aboriginal Health Worker 4 An employee at this level will possess either a Diploma of Aboriginal Primary Health Care Practice or Diploma of Aboriginal Primary Health or other qualifications or experience deemed equivalent and will be registered as an Aboriginal Health Practitioner. In addition to being able to independently undertake a full range of duties, including dealing with the most complex matters, and working with a cohort of patients in a range of practice settings, employees at this level will also participate in action research and assisting in management of action research. Employees at this level may be part of a particular health team and will apply a high level of professional judgment and knowledge when performing a wide range of novel, complex, and critical tasks, specific to their scope of work. Employees at this level are:

- appointed as such by a selection process to an established Aboriginal Health Worker 4 position, or by reclassification from a lower grade when that employee is required to perform the duties detailed in this subclause on a continuing basis and demonstrates competency at this level.

- providing leadership within the profession and multidisciplinary team - ensuring that service initiatives are integrated into clinic setting/team practice,

organisational work unit guidelines and organisational policies - providing supervision, mentoring and support to other Aboriginal Health Workers - performing a majority of tasks at a high level of independence.

It is desirable that staff at this grade have Aboriginal knowledge and cultural skills— level 1.


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PAY RATES Aboriginal Health Workers Weekly Per Annum Per Annum Per Annum Per Annum

Code Position Description 01/07/13 01/07/13 Jul-14 Jul-15 Jul-16

2.50% 2.50% 2.50%

Aboriginal Health Worker 1 - no qualification

10AHW011 1st year 691.00 36,055 36,957 37,881 38,828 10AHW012 2nd year 740.50 38,638 39,604 40,594 41,609 10AHW013 3rd year 765.80 39,958 40,957 41,981 43,031 Aboriginal Health Worker 2 - Certificate lll qualification 10AHW021 1st year 805.80 42,045 43,097 44,174 45,278 10AHW022 2nd year 848.00 44,247 45,354 46,487 47,650 10AHW029 Existing CA 880.57 45,947 47,096 48,273 49,480 10AHW023 3rd year 889.20 46,397 47,557 48,746 49,965 Aboriginal Health Worker 3 - Certificate lV qualification 10AHW031 1st year 900.05 46,963 48,138 49,341 50,575 10AHW032 2nd year 953.25 49,739 50,983 52,257 53,564 10AHW033 3rd year 1,005.42 52,462 53,773 55,117 56,495 10AHW034 4th year 1,059.03 55,259 56,640 58,056 59,508 10AHW035 5th year 1,109.36 57,885 59,332 60,815 62,335 10AHW036 6th year 1,162.15 60,639 62,155 63,709 65,302 Aboriginal Health Worker 4 - Diploma or equivalent qualification 10AHW041 1st year 1,214.11 63,351 64,934 66,558 68,222 10AHW042 2nd year 1,272.74 66,410 68,070 69,772 71,516 10AHW043 3rd year 1,325.63 69,170 70,899 72,671 74,488 Aboriginal Health Workers with UDRH Diploma prior to 30 June 2014 (not incremental) 10AHW051 Existing Dip 1,415.32 73,849 75,696 77,588 79,528 10AHW05x Existing Dip 1,535.04 80,096 82,099 84,151 86,255


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SCHEDULE 2: OPERATIONS Operations 1 This is the entry level for administrative and ancillary positions and an employee at this level may have no previous experience. Employees at this level work under close direction and initially require application of basic skills and routines such as providing reception services, operation of keyboard equipment, printing, scanning, filing, photocopying, binding, collating, collecting and distributing, carrying out routine checks, maintaining basic records, mail procedures, obtaining or providing information about straight forward matters and routine user maintenance of office equipment. Work is performed within established routines, methods and procedures. Staff undertaking work at this level would normally become competent in individual tasks after a limited period of training or experience. Employees at this level will commence study for Certificate III in Business or other relevant qualification. Ancillary staff may perform tasks such as cooking (simple food preparation), cleaning services, attending to laundry, utilising a range of materials and equipment to clean, launder, provide maintenance or gardening services. A Driver whose primary duties involve a range of transport duties in a vehicle with capacity to carry between 1 and 15 passengers will also be classified in this level. It is desirable that staff at this level have Aboriginal knowledge and cultural skills— level 1. Operations 2 Employees at this level would have a minimum qualification of Certificate III in Business or other relevant qualification or experience and be undertaking a range of operational and administrative tasks under general instruction and close supervision but with discretion in selecting the most appropriate method and sequence. They require knowledge of specific procedures and regulations. The exercising of basic judgment, liaison and communication is required, within the service and with clients. Problems encountered are generally of a simple nature with solutions found by reference to established methods and procedures. The work which it is envisaged would come within this level would involve a range of activities requiring the use of numeric, written and verbal communication, and other work skills appropriate to the tasks and responsibilities. Employees at this level will commence study for Certificate IV in Business or other relevant qualification. A cook with a certificate in food safety or other relevant certificate will be paid at this level. A driver of a vehicle with capacity to carry between 1 and 15 passengers and in addition holds a first aid certificate or other similar qualification and who works actively to engage clients and to support clients to access services and programs shall be classified at this level. It is desirable that staff at this level have Aboriginal knowledge and cultural skills— level 1. Operations 3 Employees at this level must have a Certificate IV in Business or other relevant qualification or experience deemed equivalent. Employees at this level are decision making in day to day


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operational matters is a normal part of the duties. They assist more senior managers in complex tasks or projects. Work is performed under broad supervision and requires some independent action. Scope exists for exercising initiative in the application of established work practices and procedures. Employees may be graded at this level where the principal functions of their employment require a sound knowledge of the activities usually performed within the work area and their impact upon the activities of others. Indicative positions at this level would include Community Engagement/Development Facilitators, entry level Project Officers, Finance Officers,, and IT Helpdesk. It is desirable that staff at this level have Aboriginal knowledge and cultural skills— level 1. Operations 4 Employees at this level will have a minimum Certificate lV in Business or other relevant qualification or experience deemed equivalent. Employees at this level will work under limited direction and guidance with regard to work priorities. They will possess organisational skills required to set priorities and monitor work flow in the area of responsibility, have the ability to write reports, documents and correspondence, including drafting complex correspondence for senior officers, accurately and clearly. They will carry out a variety of functions which may be complex in nature and require judgment in selecting and applying established principles, techniques and methods and have the ability to investigate or evaluate legislation, regulations, instructions or procedural guidelines relevant to the tasks and responsibilities and delegate work to subordinates where appropriate. An employee at this level is expected to contribute to implementation and delivery of specific work plans which increase the level of care / service to clients within the operational framework. Indicative positions at this level would have a coordination or supervisory / leadership role and may be responsible for specific functions. It is desirable that staff at this level have Aboriginal knowledge and cultural skills— level 1. Operations 5 Employees at this level would have a minimum Certificate lV in a relater field or other relevant qualification or experience deemed equivalent and will be a position with specific accountabilities above that expected of levels 1- 4. It is expected employees at this level will study additional qualifications and /or demonstrate expertise in a relevant function. Employees may have a degree in a relevant, non-clinical health support field and will undertake roles in health information, health promotion and project coordination. Employees at this level would have the ability to manage physical and financial resources to ensure the delivery of services or the successful completion of a project. Decision making across a number of areas and review of operational systems. Ability to manage resources and priorities. Independent action may be exercised within constraints set by senior management. Work with little formal guidelines, usually under limited direction as to work priorities and the detailed conduct of the task.


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An employee at this level is expected to contribute to implementation and delivery of specific work plans which increase the level of care / service to clients within the operational framework. Indicative positions at this level would have a coordination or supervisory / leadership role and may be responsible for specific functions or programs. It is desirable that staff at this level have Aboriginal knowledge and cultural skills— level 1. Operations 6 Employees at this level will have responsibilities greater than level 5 and will have a minimum Certificate lV plus demonstrated expertise or higher qualifications in a related field and may have a degree in a non-clinical health related discipline. Employees at this level would be responsible for leading and delivering outcomes for small teams and projects. Employees at this level are accountable for ensuring that funds are expended according to approved budgets and for ensuring targets are met and are responsible for providing regular feedback regarding the performance of other employees. Positions at this level are expected to set and achieve priorities, monitor workflow and be accountable for outcomes. Employees at this level assist with the development and implementation of policies and procedures, standards and practices and could include Team Leaders/Service Coordinators of a small team with no direct budget accountability and responsibility, Project Officers with an organisation-wide focus and/or community engagement focus projects. It is desirable that staff at this level have Aboriginal knowledge and cultural skills—level 1. Operations 7 Managers at this level are responsible for managing the operation of an organisation element or providing high level technical or professional support across Maari Ma, usually under limited direction, to achieve a result in line with the goals of Maari Ma. This includes the provision of specialist advice at a high level or undertaking management of a program, activity, service delivery or corporate function including project work, policy, technical, professional or program and administrative matters. Employees at this level are expected to set and achieve priorities, monitor work flow, responsibility and accountability for budget development and monitoring, and staffing resources to meet objectives, report on, and achieve business plan outcomes. It is desirable that staff at this level have Aboriginal knowledge and cultural skills—level 2.


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Operations 8 Managers at this level have greater responsibilities than those at Operation 7 and are responsible for the organisational and external impact of their decision-making and/or advice to senior managers/CEO, and the requirement to manage external relationships which may also impact organisationally e.g. community, funding bodies, staff representatives. Managers at this level may influence senior managers/CEO in the strategic development of the organisation, within their scope/area of expertise. Other indicators include the number of staff and/or size/responsibility held in relation to service, program and budget management. Indicative roles at this level would include operational managers and specialised program managers with community engagement responsibilities, multiple project/program responsibilities and organisational functional roles. It is desirable that staff at this level have Aboriginal knowledge and cultural skills—level 2. Operations 9 Managers at this level have greater responsibilities than those at Operation 8 and are responsible for managing complex services or programs across the region or organisation which provide a wide range of specialist services for clients with multiple funding performance indicators and reporting requirements. Managers may also have a specialised role in quality development, data analytics and reporting in the context of demonstrating compliance with funding programs. Managers at this level are responsible for ensuring optimal health and program outcomes within budget for their clients and communities, are accountable for allocating resources and ensuring budgets are effectively met, are required to make complex judgements and make appropriate changes in standard practices, policies and procedures and are expected to develop/implement strategic business plans and ensure budgets are allocated and targets met. It is desirable that staff at this level have Aboriginal knowledge and cultural skills—level 2. Operations 10 Managers at this level encompass all indicators from levels 7 to 9 and in addition are members of the Maari Ma executive management team and have operational management roles or regional roles in community development and facilitation. Managers at this level are responsible managing complex operations to ensure organisational coherency and efficiency, and are an influential contributor to the overall strategic direction and purpose of the organisation. They play a critical role in the positioning of the organisation within both the Aboriginal and mainstream community, to ensure health outcomes are effectively delivered and monitored. Managers are involved in the identification of current and future opportunities and the development of strategies to achieve planned outcomes. Managers will develop business or


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operational plans and / or systems that span and integrate with a number of other organisation activities and have long term impact. Managers at this level: Have an organisation wide understanding and demonstrate leadership across Maari Ma, Are competent to make complex judgements and take initiatives through delegated

responsibilities Are accountable for allocating resources and ensuring expenditure is appropriate for the

service and within funding allocated Strive to improve health and community outcomes through quality services and programs. It is desirable that staff at this level have Aboriginal knowledge and cultural skills—level 2. Operations 11 Employees at this level are members of the Maari Ma executive management team and report directly to the CEO. They manage complex operations to ensure organisational coherency and efficiency, and are an influential contributor to the overall strategic direction and purpose of the organisation. They play a critical role in the positioning of the organisation within both the Aboriginal and mainstream community, to ensure health outcomes are effectively delivered and monitored. The following skills and attributes are required: (a) Authority & Accountability: Freedom to operate within delegated authority, performance agreement, and service priorities. Exercise judgement within delegations. Formulate policy and deliver programs in line with Maari Ma‘s strategic plan. Involvement in the development of long-term strategies. Budget management and responsibility for significant budget amount or management of complex service or unit, requiring specialist advice and input. (b) Judgement & Problem-Solving: Exercise judgement and problem solving in service policy. Frequent resolution of unusual and complex problems. Develop business strategies and business plans. Develop ideas, optional action plans, and courses of action. Anticipate and resolve problems in a challenging and dynamic environment. Seek advice when there is no existing policy or precedent. Use of evidence-based decision-making to inform decisions. Sound ability to solve problems using innovative, creative solutions. High level of technical expertise. Provision of high level of expert advice and sound judgement. Independent decision-making; exercising independent judgement. Has a sound understanding of political and cross-health service issues and how they impact on the organisation. Actively develop strategic partnerships. (c) Leadership & Management Skills: Provide leadership, management and direction. Actively contributes to shaping the organisation‘s strategic plan. Actively monitors progress towards the achievement of the strategic vision. Achieve set objectives. Resolve conflict. Address and prioritise competing demands. Lead and manage organisation change. Build appropriate organisation values and culture. Anticipate problems and develop contingency strategies to meet complex situations. Applies intellectual rigour to all aspects of their work (d) Personal & Interpersonal Skills: Provide specialist advice. Lead, persuade, motivate and negotiate at senior levels. Ability to deal with people at all levels. Communicate and liaise


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effectively at all levels within the organisation. Spokesperson for area of responsibility (media, public). Effective community liaison and communication. Effectively self-manages. Innovative & lateral thinker. Flexible & responsive. Supports a reflective learning/quality culture that enables both individuals and the organisation to develop. Articulates and promotes Maari Ma‘s vision and goals. Promotes an environment in which traditional ways of thinking are challenged and debate is encouraged. Provides effective role-modelling. Celebrates achievements and encourages innovation (e) Outcomes & Performance: Formal agreement with CEO. Significant impact on service achievements and targets. Achievement of best practice monitoring and compliance with all professional standards. It is desirable that staff at this level have Aboriginal knowledge and cultural skills—level 2. Operation 12 Positions at this grade will be the Chief Executive Officer who reports to and is responsible for the administration of Maari Ma to the Board of Management, and to whom senior managers within the health service report and are responsible. It is desirable that staff at this level have Aboriginal knowledge and cultural skills—level 3. Operations – Cook employed prior to 30/06/2014 Employees at this level will prepare simple food following plans created by Dietitians for school lunch program and participate as member of a group preparing community dinners, both as part of healthy lifestyle and nutrition programs. Operations – driver employed prior to 30/6/2014 Community Transport drivers on existing 3rd or 4th year rates as at 30 June 2014 will be maintained on the wage schedule for those two specific rates.


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PAY RATES Operations Weekly Per Annum Per Annum Per Annum Per Annum


2.50% 2.50% 2.50% Operations – Level 1 20OPS011 1st Year 691.00 36,055 36,957 37,881 38,828 20OPS012 2nd Year 740.50 38,638 39,604 40,594 41,609 20OPS013 3rd Year 765.80 39,958 40,957 41,981 43,031 Operations - Level 2 (Cert lll) 20OPS021 1st Year 784.13 40,915 41,938 42,986 44,061 20OPS022 2nd Year 817.23 42,642 43,708 44,801 45,921 20OPS023 3rd Year 849.11 44,305 45,413 46,548 47,712 20OPS024 4th Year 870.12 45,402 46,537 47,700 48,893 20OPS025 5th Year 891.85 46,536 47,699 48,891 50,114 Operations - Level 3 (Cert lV) 20OPS031 1st Year 923.42 48,183 49,387 50,622 51,888 20OPS032 2nd Year 955.92 49,878 51,125 52,403 53,713 Operations - Level 4 20OPS041 1st Year 989.13 51,611 52,901 54,224 55,580 20OPS042 2nd Year 1,021.72 53,312 54,645 56,011 57,411 Operations - Level 5 20OPS051 1st Year 1,049.50 54,761 56,130 57,534 58,972 20OPS052 2nd Year 1,074.82 56,082 57,484 58,921 60,395 Operations - Level 6 20OPS061 1st Year 1,108.13 57,821 59,266 60,748 62,266 20OPS062 2nd Year 1,134.57 59,200 60,680 62,197 63,752 Operations - Level 7 Minimum 1,235.13 64,447 66,059 67,710 69,403 Maximum 1,585.67 82,738 84,806 86,927 89,100 Operations - Level 8 Minimum 1,623.70 84,722 86,840 89,011 91,236 Maximum 1,888.05 98,516 100,979 103,503 106,091 Operations - Level 9 Minimum 1,925.87 100,489 103,001 105,576 108,216 Maximum 2,106.57 109,918 112,666 115,483 118,370 Operations - Level 10 Minimum 2,114.58 110,336 113,094 115,922 118,820 Maximum 2,492.29 130,044 133,295 136,628 140,043 Operations - Level 11


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Operations Weekly Per Annum Per Annum Per Annum Per Annum


2.50% 2.50% 2.50% Minimum 2,530.01 132,012 135,313 138,695 142,163 Maximum 2,735.21 142,719 146,287 149,945 153,693 Operations - Level 12 Minimum 2794.36 145,806 149,451 153,187 157,017 Maximum 2992.39 156,139 160,042 164,043 168,144

Operations Cook employed prior to 30 June 2014

21COOK000 Cook 875.97 45,707 46,849 48,020 49,221

Operations Driver employed prior to 30 June 2014 21CMA01 1st Year 880.58 45,947 47,096 48,273 49,480 21CMA02 2nd Year 891.75 46,530 47,693 48,886 50,108 21CMA03 3rd Year 908.25 47,391 48,576 49,791 51,035 21CMA04 4th Year 919.84 47,996 49,196 50,425 51,686


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SCHEDULE 3: REGISTERED NURSES AND MIDWIVES Registered Nurse 1 – Registered Nurse 1 An employee at this level performs their duties:

(i) according to their level of competence; and (ii) under the general guidance of, or with general access to a more competent registered

nurse (RN) who provides work related support and direction. An employee at this level is required to perform general nursing duties which include substantially, but are not confined to:

delivering direct and comprehensive nursing care and individual case management to patients or clients within the practice setting

coordinating services, including those of other disciplines or agencies, to individual patients or clients within the practice setting

providing education, counselling and group work services orientated towards the promotion of health status improvement of patients and clients within the practice setting

providing support, direction and education to newer or less experienced staff, including students, AHW‘s and other nurses

accepting accountability for the employee‘s own standards of nursing care and service delivery; and

participating in action research and policy development within the practice setting.

It is desirable that staff at this grade have Aboriginal knowledge and cultural skills— level 1. Registered Nurse 2.1 – Clinical Nurse Specialist 2.1 An employee at this level is a Registered Nurse/Midwife who applies a high level of clinical nursing/midwifery knowledge, experience and skills in providing complex nursing/midwifery care directed towards a specific area of practice or defined service area, with minimum direct supervision. An employee at this level shall satisfy the following minimum criteria:

(i) Relevant post-registration qualifications and at least twelve (12) months experience working in the relevant clinical area of their post-registration qualification; or

(ii) Four (4) years post- registration experience, including three (3) years‘ experience in the relevant specialist field and who meets specific performance criteria.

An employee at this level is distinguished from an 8th Year thereafter Registered Nurse by: actively contributing towards the development of clinical practices within Maari Ma acting as a resource and mentor to other in relation to clinical practice actively contributes towards their own professional development being responsible for planning and coordinating services relating to a particular group

of clients within the service, as delegated to meet service requirements acting as a role model in the provision of holistic care to clients; assisting in the management of action research projects, and participating in quality

assurance programs and policy development within the practice setting; and Maari Ma requires services to be delivered at this level.

It is desirable that staff at this grade have Aboriginal knowledge and cultural skills— level 1.


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Registered Nurse 2.2 – Clinical Nurse Specialist 2.2 An employee working at this level means a Registered Nurse/Midwife appointed to a position classified as such with relevant post-registration qualifications and at least three (3) years‘ experience working in the clinical area of their specified post-graduate qualification. The position encompasses the Registered Nurse/Midwife 2.2 - Clinical Nurse/Midwife Specialist role criteria and is distinguished by the following additional role characteristics:

- Exercises extended autonomy of decision making; - Exercises professional knowledge and judgement in providing complex care requiring

advanced clinical skills and undertakes one of the following roles: leadership in the development of nursing specialty clinical practice and service

delivery; or specialist clinical practice across the service; or primary case management of a complete episode of care; or primary case management of a continuum of specialty care; or an authorised extended role within the scope of Registered Nurse/Midwifery

practice. Incremental progression to the second year and thereafter rate shall be upon completion of 12 months satisfactory full-time service (or pro rata part time service). It is desirable that staff at this grade have Aboriginal knowledge and cultural skills— level 1. Registered Nurse 3.1 – Clinical Nurse Consultant 3.1 An employee working at this level is a Registered Nurse appointed as such to a position who has at least five (5) years full time equivalent post registration experience and in addition who has approved post registration nursing/midwifery qualifications relevant to the field in which they are appointed, or such other qualifications or experience deemed appropriate. It is desirable that staff at this grade have Aboriginal knowledge and cultural skills— level 1. Registered Nurse 3.2 – Clinical Nurse Consultant 3.2 An employee working at this level is a Registered Nurse/Midwife appointed as such who has at least five (5) years full time equivalent post registration experience, with at least three (3) years full time equivalent experience in the specialty field. In addition the employee must have approved postgraduate nursing/midwifery qualifications relevant to the field in which he/she is appointed or such other qualifications or experience deemed appropriate. Employees at this level may also require a higher qualification in the specialist nursing/midwifery field where such a qualification is considered essential for the performance of the position. It is desirable that staff at this grade have Aboriginal knowledge and cultural skills— level 1.


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Registered Nurse 4.1 – Nurse Manager 4.1 An employee at this level is a registered nurse/midwife who is responsible for the management of a team and / or program and:

(a) provides leadership and role modelling in collaboration with others particularly for staff working within that Employees area of responsibility

(b) provides appropriate education programs, coordination and promotion of clinical research programs

(c) participates as a member of the Regional Primary Health Service management team

(d) contributes towards the development of Maari Ma health policy for the purpose of facilitating the provision of quality health care

(e) manages the activities of and provide leadership, coordination and support to staff working in the area of responsibility

(f) is accountable for the establishment, implementation and evaluation of systems to ensure a high standard of health care delivery.

It is desirable that staff at this grade have Aboriginal knowledge and cultural skills— level 2. Registered Nurse 4.2 – Nurse Manager 4.2 An employee at this level is a registered nurse/midwife who is responsible for the management of a team and/or program with a higher level of complexity than required at Nurse Manager 4.1 in addition to all the requirements of level 4.1 It is desirable that staff at this grade have Aboriginal knowledge and cultural skills— level 2. Registered Nurse 5 – Nurse Practitioner 5 An employee working at this level is:

- a Registered Nurse appointed to the role; - has obtained an additional qualification relevant to the Nursing and Midwifery Board of

Australia or its successor to enable them to become licensed Nurse practitioners. A Nurse Practitioner is authorised to function autonomously and collaboratively in an advanced and extended clinical role. It is desirable that staff at this grade have Aboriginal knowledge and cultural skills— level 2.


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PAY RATES Registered Nurses Weekly Per

Annum Per Annum

Per Annum

Per Annum


2.50% 2.50% 2.50% Registered Nurse 1 30RNM011 Year 1 1,065.39 55,591 56,980 58,405 59,865 30RNM012 Year 2 1,123.30 58,612 60,077 61,579 63,119 30RNM013 Year 3 1,181.21 61,634 63,175 64,754 66,373 30RNM014 Year 4 1,243.53 64,886 66,508 68,170 69,875 30RNM015 Year 5 1,305.24 68,106 69,808 71,553 73,342 30RNM016 Year 6 1,366.63 71,309 73,092 74,919 76,792 30RNM017 Year 7 1,436.95 74,978 76,852 78,774 80,743 30RNM018 Year 8 1,496.09 78,064 80,015 82,016 84,066 Registered Nurse 2.1 - Clinical Nurse Specialist 1 30RNM211 Year 1 1,556.87 81,235 83,266 85,348 87,481 Registered Nurse 2.2 - Clinical Nurse Specialist 2 30RNM221 Year 1 1,672.49 87,268 89,450 91,686 93,978 30RNM222 Year 2 1,727.23 90,124 92,378 94,687 97,054 Registered Nurse 3.1 - Clinical Nurse Consultant 1 30RNM311 Grade 1 - 1st Year 1,871.45 97,650 100,091 102,593 105,158 30RNM312 Grade 1 - 2nd Year 1,909.68 99,644 102,135 104,689 107,306 Registered Nurse 3.2 - Clinical Nurse Consultant 2 30RNM321 Grade 2 - 1st Year 1,947.60 101,623 104,164 106,768 109,437 30RNM322 Grade 2 - 2nd Year 1,986.25 103,640 106,231 108,886 111,609 Registered Nurse 4.1 – Nurse Manager 1 30RNM411 Grade 1 - 1st Year 1,871.45 97,650 100,091 102,593 105,158

30RNM412 Grade 1 - 2nd Year & thereafter 1,909.68 99,644 102,135 104,689 107,306

Registered Nurse 4.2 – Nurse Manager 2

30RNM421 Grade 2 - 1st Year 1,947.60 101,623 104,164 106,768 109,437

30RNM422 Grade 2 - 2nd Year & thereafter 1,986.25 103,640 106,231 108,886 111,609

Registered Nurse 5 - Nurse Practitioner 30RNM511 1st Year 2,062.51 107,619 110,309 113,067 115,894 30RNM512 2nd Year 2,100.84 109,619 112,359 115,168 118,047


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SCHEDULE 4: HEALTH PROFESSIONALS Health Professional 1 – Health Support An employee at this level will have successfully completed a qualification in a relevant field up to the level of Certificate III issued by a tertiary education institution or qualifications recognised by that Health Professional group. Unqualified but experienced Health Support can be employed as Health Professional Level 1, and will remain on HP1 – 1st Year until they obtain formal qualifications through study or recognition of prior learning. The Health Support level includes Dental Assistants and other clinical support roles. It is desirable that staff at this level have Aboriginal knowledge and cultural skills— level 1. Health Professional 2 – Health Support An employee at this level will have successfully completed a qualification in a relevant field up to the level of Certificate IV issued by a tertiary education institution or qualifications recognised by that health industry group. In addition, employees at this level must have at least 2 years‘ experience working at Health Professional level 1. It is desirable that staff at this level have Aboriginal knowledge and cultural skills— level 1. Health Professional 3 - Health Education Officers Employees at this level will have completed a degree in a health related discipline and be involved in the development and implementation of health promotion, health information and research. Generally, employees of this classification will not have a clinical role and will focus on the analysis, support and promotion of health and clinical activities. It is desirable that staff at this level have Aboriginal knowledge and cultural skills— level 1. Health Professional 4 Employees at this level are newly qualified graduates who hold at least a degree or equivalent qualification, who meet the requirements to practice as a Health Professional in accordance with their professional association rules, are registered with AHPRA and/or hold membership of their professional association). Health professionals at this level are beginning practitioners who are developing their skills and competencies and are responsible and accountable for providing a professional level of health services. They exercise professional judgement commensurate with their years of experience and as experience is gained, the level of professional judgement increases and direct professional supervision decreases. They participate in quality activities and workplace education and after working as a Health Professional for 12 months, may be required to provide supervision to Health Professional 1 and 2 Employees, undergraduate student on observational placements and to work experience students. Health Professionals levels 4 and 5 include Counsellor, Dietitian, Oral Health Therapist, Physiotherapist, Speech Therapist, Social Worker and Psychologist. Each discipline will commence at Level 4 year 1 with a three year degree and year 2 with a four year degree or 3 year degree plus honours. The holder of a masters degree in the relevant discipline will commence on year 3.


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Psychologists require a four year degree or degree with honours or post-graduate qualification eligible for registration with the Psychology Board of Australia (AHPRA). A Psychologist in training entry level is at HP4 – 2nd Year and will not progress past HP4 - 3rd year until registered with the Psychology Board of Australia. It is desirable that staff at this level have Aboriginal knowledge and cultural skills— level 1. Health Professional 5 Progression from Health Professional 4 to Health Professional 5 is automatic following completion of twelve (12) months satisfactory service at Health Professional 4 – 4th Year. Employees at this level are expected to have obtained respective new practitioner competencies and to perform duties in addition to those at Health Professional 4 level. Employees at this level are competent independent practitioners who have at least 3 years clinical experience in their profession and work under minimal direct professional supervision. They are required to exercise independent professional judgement on routine matters, may be required to supervise Health Professional 1, 2, 3 and 4 technical and support staff as required and may be required to teach and supervise undergraduate students, including those on clinical placements. Employees at this level assist in the development of policies, procedures, standards and practices, participate in quality improvement activities and may participate in clinical research activities as required. It is desirable that staff at this level have Aboriginal knowledge and cultural skills— level 1. Health Professional 6 An employee at this level is an allied health professional who applies a high level of clinical knowledge, experience and skills in providing complex care directed towards a specific area of practice or defined service area, with minimum direct supervision. An employee at this level shall satisfy the following minimum criteria:

(iii) Relevant post-registration qualifications and at least twelve (12) months experience working in the relevant clinical area of their post-registration qualification; or

(iv) Four (4) years post- registration experience, including three (3) years‘ experience in the relevant specialist field and who meets specific performance criteria.

An employee at this level is distinguished from a level 5 by:

actively contributing towards the development of clinical practices within Maari Ma acting as a resource and mentor to others in relation to clinical practice actively contributes towards their own professional development being responsible for planning and coordinating services relating to a particular group

of clients within the service, as delegated to meet service requirements acting as a role model in the provision of holistic care to clients; assisting in the management of action research projects, and participating in quality

assurance programs and policy development within the practice setting; and Maari Ma requires services to be delivered at this level.

It is desirable that staff at this level have Aboriginal knowledge and cultural skills— level 2.


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HEALTH PROFESSIONALS PAY RATES Health Professionals Weekly Per Annum Per Annum Per Annum Per Annum


2.50% 2.50% 2.50% Health Professional Level 1 - Health Support (Cert lll) 40HPS011 Year 1 805.80 42,045 43,097 44,174 45,278 40HPS012 Year 2 848.00 44,247 45,354 46,487 47,650 40HPS013 Year 3 889.20 46,397 47,557 48,746 49,965 Health Professional Level 2 - Health Support (Cert lV) 40HPS021 Year 1 900.05 42,045 43,097 44,174 45,278 40HPS022 Year 2 953.25 44,247 45,354 46,487 47,650 40HPS023 Year 3 1,005.42 46,397 47,557 48,746 49,965 40HPS024 Year 4 1,059.03 55,259 56,640 58,056 59,508 Health Professional Level 3 - Health Education 40HPS031 Year 1 1,036.99 54,109 55,461 56,848 58,269 40HPS032 Year 2 1,086.81 56,708 58,126 59,579 61,069 40HPS033 Year 3 1,154.25 60,227 61,733 63,276 64,858 40HPS034 Year 4 1,219.14 63,613 65,203 66,833 68,504 40HPS035 Year 5 1,291.09 67,367 69,051 70,778 72,547 40HPS036 Year 6 1,357.92 70,854 72,626 74,441 76,302 Health Professional Level 4 40HPS041 Year 1 1,066.92 55,670 57,062 58,489 59,951 40HPS042 Year 2 1,107.10 57,767 59,211 60,691 62,209 40HPS043 Year 3 1,175.27 61,324 62,857 64,428 66,039

40HPS049 Psychologist existing (2) 1,187.97 61,987 63,536 65,125 66,753

40HPS044 Year 4 1,256.04 65,538 67,177 68,856 70,577 Health Professional Level 5 40HPS051 Year 1 1,342.65 70,057 71,809 73,604 75,444 40HPS052 Year 2 1,427.93 74,507 76,370 78,279 80,236 40HPS053 Year 3 1,497.32 78,128 80,081 82,083 84,135 40HPS054 Year 4 1,545.70 80,652 82,669 84,735 86,854 Health Professional Level 6 40HPS061 Year 1 1,662.55 86,749 88,918 91,141 93,420 40HPS062 Year 2 1,718.21 89,654 91,895 94,192 96,547 Health Professionals employed prior to 30 June 2014 41NGDA03 Year 3 1118.28 58,350 59,809 61,304 62,837 41NGDA04 Year 4 1149.13 59,960 61,459 62,995 64,570 41NGHEO00 Thereafter 1325.63 69,170 70,899 72,671 74,488 41PSYCH07 Year 7 1,553.38 81,053 83,079 85,156 87,285 41PSYCH08 Year 8 1,614.38 84,236 86,341 88,500 90,712


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SCHEDULE 5: NATIONAL TRAINING WAGE

SCHEDULE 5.1 DEFINITIONS In this schedule: ‗adult trainee‘ is a trainee who would qualify for the highest minimum wage in Wage Level A, B or C if covered by that wage level ‗approved training‘ means the training specified in the training contract ‗Australian Qualifications Framework (AQF)‘ is a national framework for qualifications in post-compulsory education and training ‗out of school‘ refers only to periods out of school beyond Year 10 as at the first of January in each year and is deemed to:

(a) include any period of schooling beyond Year 10 which was not part of or did not contribute to a completed year of schooling;

(b) include any period during which a trainee repeats in whole or part a year of schooling beyond Year 10; and

(c) not include any period during a calendar year in which a year of schooling is completed

‗relevant State or Territory training authority‘ means the bodies in the relevant State or Territory which exercise approval powers in relation to traineeships and register training contracts under the relevant State or Territory vocational education and training legislation ‗relevant State or Territory vocational education and training legislation‘ means the following or any successor legislation: New South Wales: Apprenticeship and Traineeship Act 2001; ‗trainee‘ is an employee undertaking a traineeship under a training contract ‗traineeship‘ means a system of training which has been approved by the relevant State or Territory training authority, which meets the requirements of a training package developed by the relevant Industry Skills Council and endorsed by the National Quality Council, and which leads to an AQF certificate level qualification ‗training contract‘ means an agreement for a traineeship made between an employer and an employee which is registered with the relevant State or Territory training authority ‗training package‘ means the competency standards and associated assessment guidelines for an AQF certificate level qualification which have been endorsed for an industry or enterprise by the National Quality Council and placed on the National Training Information Service with the approval of the Commonwealth, State and Territory Ministers responsible for vocational education and training, and includes any relevant replacement training package ‗year 10‘ includes any year before Year 10

SCHEDULE 5.2 COVERAGE 5.2.1 Subject to clauses 5.2.2 to 5.2.6 of this schedule, this schedule applies in respect of an

employee covered by this Agreement who is undertaking a traineeship.


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5.2.2 This schedule does not apply to the apprenticeship system or to any training program which applies to the same occupation and achieves essentially the same training outcome as an existing apprenticeship in an award as at 25 June 1997.

5.2.3 This schedule does not apply to qualifications not identified in training packages or to qualifications in training packages which are not identified as appropriate for a traineeship.

5.2.4 Where the terms and conditions of this schedule conflict with other terms and conditions of this award dealing with traineeships, the other terms and conditions of this award prevail.

5.2.5 At the conclusion of the traineeship, this schedule ceases to apply to the employee.

SCHEDULE 5.3 TYPES OF TRAINEESHIPS The following types of traineeship are available under this schedule:

5.3.1 a full-time traineeship based on 38 ordinary hours per week, with 20% of ordinary hours being approved training; and

5.3.2 a part-time traineeship based on less than 38 ordinary hours per week, with 20% of ordinary hours being approved training solely on-the-job or partly on-the-job and partly off-the-job, or where training is fully off-the-job.

SCHEDULE 5.4 MINIMUM WAGES 5.4.1 Minimum wages for full-time traineeships

(a) Wage Level A Subject to clause 5.4.3 of this schedule, the minimum wages for a trainee undertaking a full-time AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to Wage Level A are:

Highest Year of Schooling Completed/Wage per Week Year 10 Year 11 Year 12 School leaver $279.50 $307.90 $366.80 Plus 1 year out of school $307.90 $366.80 $426.80 Plus 2 years out of school $366.80 $426.80 $496.70 Plus 3 years out of school $426.80 $496.70 $568.70 Plus 4 years out of school $496.70 $568.70 Plus 5 or more years out of school

$568.70

(b) AQF Certificate Level IV traineeships

(i) Subject to clause 5.4.3 of this schedule, the minimum wages for a trainee undertaking a full-time AQF Certificate Level IV traineeship are the minimum wages for the relevant full-time AQF Certificate Level III traineeship with the addition of 3.8% to those minimum wages. (ii) Subject to clause 5.4.3 of this schedule, the minimum wages for an adult


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trainee undertaking a full-time AQF Certificate Level IV traineeship are as follows, provided that the relevant wage level is that for the relevant AQF Certificate Level III traineeship:

Wage level First year of traineeship

Second and subsequent years of

traineeship Wage Level A $590.60 $613.50

5.4.2 Minimum wages for part-time traineeships (a) Wage Level A Subject to clauses 5.4.2(d) and 5.4.3 of this schedule, the minimum wages for a trainee undertaking a part-time AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to Wage Level A are:

Highest Year of Schooling Completed/Wage per Hour Year 10 Year 11 Year 12 School leaver $9.19 $10.14 $12.07 Plus 1 year out of school

$10.14 $12.07 $14.05

Plus 2 years out of school

$12.07 $14.05 $16.34


$14.05 $16.34 $18.70


$16.34 $18.70

Plus 5 or more years out of school

$18.70

(b) School-based traineeships Subject to clauses 5.4.2(d) and 5.4.3 of this schedule, the minimum wages for a trainee undertaking a school-based AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to Wage Levels A are as follows when the trainee works ordinary hours:

Year of Schooling Year 11 or lower Year 12

Per hour Per hour $9.19 $10.14

(c) AQF Certificate Level IV traineeships

(i) Subject to clauses 5.4.2(d) and 5.4.3 of this schedule, the minimum wages for a trainee undertaking a part-time AQF Certificate Level IV traineeship are the minimum wages for the relevant part-time AQF Certificate Level III traineeship with the addition of 3.8% to those minimum wages. (ii) Subject to clauses 5.4.2(d) and 5.4.3 of this schedule, the minimum wages


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for an adult trainee undertaking a part-time AQF Certificate Level IV traineeship are as follows, provided that the relevant wage level is that for the relevant AQF Certificate Level III traineeship:

Wage level First year of traineeship

Second and subsequent years of

traineeship per hour per hour Wage Level A $19.43 $20.18

(d) Calculating the actual minimum wage

(i) Where the full-time ordinary hours of work are not 38 or an average of 38 per week, the appropriate hourly minimum wage is obtained by multiplying the relevant minimum wage in clauses 5.4.2(a)–(e) of this schedule by 38 and then dividing the figure obtained by the full-time ordinary hours of work per week.

(ii) Where the approved training for a part-time traineeship is provided fully off-the-job by a registered training organisation, for example at school or at TAFE, the relevant minimum wage in clauses 5.4.2(a)–(e) of this schedule applies to each ordinary hour worked by the trainee.

(iii) Where the approved training for a part-time traineeship is undertaken solely on-the-job or partly on-the-job and partly off-the-job, the relevant minimum wage in clauses 5.4.2(a)–(e) of this schedule minus 20% applies to each ordinary hour worked by the trainee.

5.4.3 Other minimum wage provisions (a) An Employee who was employed by an employer immediately prior to becoming a

trainee with that employer must not suffer a reduction in their minimum wage per week or per hour by virtue of becoming a trainee. Casual loadings will be disregarded when determining whether the Employee has suffered a reduction in their minimum wage.

(b) If a qualification is converted from an AQF Certificate Level II to an AQF Certificate Level III traineeship, or from an AQF Certificate Level III to an AQF Certificate Level IV traineeship, then the trainee must be paid the next highest minimum wage provided in this schedule, where a higher minimum wage is provided for the new AQF certificate level.

SCHEDULE 5.5 EMPLOYMENT CONDITIONS

5.5.1 A trainee undertaking a school-based traineeship may, with the agreement of the trainee, be paid an additional loading of 25% on all ordinary hours worked instead of paid annual leave, paid personal/carer‘s leave and paid absence on public holidays, provided that where the trainee works on a public holiday then the public holiday provisions of this award apply.

5.5.2 A trainee is entitled to be released from work without loss of continuity of employment and to payment of the appropriate wages to attend any training and assessment


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specified in, or associated with, the training contract. 5.5.3 Time spent by a trainee, other than a trainee undertaking a school-based traineeship,

in attending any training and assessment specified in, or associated with, the training contract is to be regarded as time worked for the employer for the purposes of calculating the trainee‘s wages and determining the trainee‘s employment conditions. Note: The time to be included for the purpose of calculating the wages for part time trainees whose approved training is fully off-the-job is determined by clause 5.4.2(f)(ii) and not by this clause.

5.5.4 Subject to clause 5.2.5 of this schedule, all other terms and conditions of this award apply to a trainee unless specifically varied by this schedule.

Documents

[2014] FWCA 6481 Associate to Deputy President Booth Dated ...nswnma.asn.au/wp-content/uploads/2013/07/Maari-Ma... · [2014] FWCA 6481 The attached document replaces the document