Nurses' (Private Hospitals) Award

1. - TITLE

This award shall be known as the "Nurses' (Private Hospitals) Award" and replaces Award No 8 of 1958 (as amended).

1B. - MINIMUM ADULT AWARD WAGE

(1) No employee aged 21 or more shall be paid less than the minimum adult award wage unless otherwise provided by this clause.

(2) The minimum adult award wage for full-time employees aged 21 or more working under an award that provides for a 38 hour week is $746.90 per week.

The minimum adult award wage for full-time employees aged 21 or more working under awards that provide for other than a 38 hour week is calculated as follows: divide $746.90 by 38 and multiply by the number of ordinary hours prescribed for a full time employee under the award.

The minimum adult award wage is payable on and from the commencement of the first pay period on or after 1 July 2019.

(3) The minimum adult award wage is deemed to include all State Wage order adjustments from State Wage Case Decisions.

(4) Unless otherwise provided in this clause adults aged 21 or more employed as casuals, part-time employees or piece workers or employees who are remunerated wholly on the basis of payment by result, shall not be paid less than pro rata the minimum adult award wage according to the hours worked.

(5) Employees under the age of 21 shall be paid no less than the wage determined by applying the percentage prescribed in the junior rates provision in this award (if applicable) to the minimum adult award wage, provided that no employee shall be paid less than any applicable minimum rate of pay prescribed by the Minimum Conditions of Employment Act 1993.

(6) The minimum adult award wage shall not apply to apprentices, employees engaged on traineeships or government approved work placement programs or employed under the Commonwealth Government Supported Wage System or to other categories of employees who by prescription are paid less than the minimum award rate, provided that no employee shall be paid less than any applicable minimum rate of pay prescribed by the Minimum Conditions of Employment Act 1993.

(7) Liberty to apply is reserved in relation to any special category of employees not included here or otherwise in relation to the application of the minimum adult award wage.

(8) Subject to this clause the minimum adult award wage shall –

(a) Apply to all work in ordinary hours.

(b) Apply to the calculation of overtime and all other penalty rates, superannuation, payments during any period of paid leave and for all purposes of this award.

(9) Minimum Adult Award Wage

The rates of pay in this award include the minimum weekly wage for employees aged 21 or more payable under the 2019 State Wage order decision. Any increase arising from the insertion of the minimum wage will be offset against any equivalent amount in rates of pay received by employees whose wages and conditions of employment are regulated by this award which are above the wage rates prescribed in the award. Such above award payments include wages payable pursuant to enterprise agreements, consent

awards or award variations to give effect to enterprise agreements and over award arrangements. Absorption which is contrary to the terms of an agreement is not required.

Increases under previous State Wage Case Principles or under the current Statement of Principles, excepting those resulting from enterprise agreements, are not to be used to offset the minimum wage.

(10) Adult Apprentices

(a) Notwithstanding the provisions of this clause, the minimum adult apprentice wage for a full-time apprentice aged 21 years or more working under an award that provides for a 38 hour week is $638.20 per week.

(b) The minimum adult apprentice wage for a full-time apprentice aged 21 years or more working under an award that provides for other than a 38 hour week is calculated as follows: divide $638.20 by 38 and multiply by the number of ordinary hours prescribed for a full time apprentice under the award.

(c) The minimum adult apprentice wage is payable on and from the commencement of the first pay period on or after 1 July 2019.

(d) Adult apprentices aged 21 years or more employed on a part-time basis shall not be paid less than pro rata the minimum adult apprentice wage according to the hours worked.

(e) The rates paid in the paragraphs above to an apprentice 21 years of age or more are payable on superannuation and during any period of paid leave prescribed by this award.

(f) Where in this award an additional rate is expressed as a percentage, fraction or multiple of the ordinary rate of pay, it shall be calculated upon the rate prescribed in this award for the actual year of apprenticeship.

2. - ARRANGEMENT

PART I

1. Title1B. Minimum Adult Award Wage2. Arrangement2A. No Extra Claims3. Scope4. Area5. Term6. Definitions7. Average Occupied Beds8. Hours9. Overtime10. Annual Leave10A. Public Holidays11. Sick Leave12. Contract of Service13. Student Nurses14. Laundry and Uniforms15. Time and Wages Book16. Interviews17. Rosters18. Living Allowances and Accommodation19. Meal and Meal Hours20. Board of Reference21. On Call

22. Part-time Employees23. Casuals24. Temporary Employees25. Other Provisions26. Long Service Leave27. Award Not to Affect Present Wages and Privileges28. Higher Duties29. Wages30. Location Allowance31. Shift Work32. Calculation of Penalties33. Maternity Leave34. Effect of 38 Hour Week35. Payment of Wages36. Bereavement Leave37. Leave Without Pay38. Compaction of Leave39. Enterprise Agreements40. Deleted

PART II41. Long Service Leave42. Sick Leave43. Dispute Settlement Procedure

Appendix - Resolution of Disputes RequirementAppendix - Rostering ProvisionsSchedule ASchedule of RespondentsAppendix - S.49B - Inspection Of Records Requirements

2A. - NO EXTRA CLAIMS

It is a term of this Award arising from the decision of the Western Australian Industrial Relations Commission in the State Wage Case of June 1991, (the terms of which are set out in Decision No. 704 of 1991) that the Federation will not pursue any extra claims, award or overaward, except where consistent with the principles determined by the Commission in Court Session.

3. - SCOPE

Part I of this award shall apply to all registered nurses and student nurses in the employ of the respondents to this award provided that the provisions contained in Part II of this award shall be applied in substitution for the provisions contained in the Clauses of the same title in Part I of the award only by the Association of the Blind of W.A. (Inc.) and the Spastic Welfare Association of W.A. (Inc.).

4. - AREA

This Award shall have effect throughout the State of Western Australia excluding those areas occupied by the Ngal-a Mothercraft Home and Training Centre Incorporated and the Home of Peace Incorporated.

5. - TERM

The term of this award shall be for a period of three years as from the beginning of the first pay period commencing after the 22nd day of July, 1966.

6. - DEFINITIONS

"Accrued Day(s) Off" means paid days off accruing to an employee resulting from an entitlement to the 38 hour week as prescribed by Clause 8 - Hours of this award.

"Nurse" a person who is registered or entitled to be registered in Western Australia under the Nurses Act 1968-1980.

"Student Nurse" a pupil undergoing training in a registered training school.

"Training School" one which is registered as such under the Nurses Act 1968.

"The Federation" means the Royal Australian Nursing Federation (Western Australian Branch) Industrial Union of Workers Perth.

Section A

"Area Manager" Level 2 means a nurse who is responsible for management of a specific ward, department or floor of the hospital.

"Clinical Nurse" Level 2 means a nurse who is responsible for direct patient care of a specific caseload and clinical supervision of nurses at Level 1.

"Clinical Nurse Specialist" Level 3 means a nurse who may be responsible for direct patient care of a specific caseload, and who provides advice/resources for nursing practice to nurses in addition to the clinical supervision of nurses in a specified ward, department or floor of the hospital.

"Clinical Instructor" Level 2 means a nurse who is responsible in a full time capacity for the practical instruction of student nurses and enrolled nurses.

"Co-ordinator Clinical Nursing" Level 4 means a nurse who is responsible for the overall planning, organising, implementation and evaluation of nursing practice.

"Co-ordinator Nursing Management" Level 4 means a nurse with responsibility for the appointment, deployment, retention, promotion or dismissal of nursing personnel, as well as the staffing budget allocation of the hospital.

"Co-ordinator Nursing Research" Level 4 means a nurse who has overall responsibility for the planning implementation and personnel and budgetary management of nursing research programmes.

"Co-ordinator Nursing Staff Development/Education" Level 4 means a nurse who is responsible for the overall planning, personnel and budgetary management of an in-service education programme and the education division within a hospital.

"Director of Nursing" means a registered nurse with overall responsibility for clinical nursing, and nursing management, and where applicable nursing education and/or research.

"Nurse Educator" Level 3 means a nurse appointed as such holding a Diploma of Nursing Education or a qualification acceptable to the employer who is engaged full time in the education of student nurses and/or enrolled nurses.

"Nurse Manager" Level 3 means a nurse responsible for overall management (budgetary and personnel) of a specified department or area of the hospital.

"Nursing Researcher" Level 3 means a nurse who in collaboration with the Co-ordinator Nursing Research has responsibility for the planning, implementation and evaluation of research as well as the direction and supervision of research nurses.

"Peer Assessment Panel" means a panel consisting of a nurse representative from the level to which the candidate being assessed wishes to move, a nurse representative from a level through which the candidate has already

progressed or currently occupies and one other nurse, with one panel member being nominated by the nurse being assessed.

"Research Nurse" Level 2 means a nurse who is responsible for the preparation and implementation of research proposals and assists in the compilation and interpretation of results.

"Staff Development Educator" Level 3 means a nurse who in collaboration with the Co-ordinator Nursing Staff Development/Education is responsible for planning, implementing and evaluating in-service education basic or post basic educational programmes, as well as the direction and supervision of Staff Development Nurses and Clinical Teachers.

"Staff Development Nurse" Level 2 means a nurse who in collaboration with his/her supervisors is responsible for implementing and evaluating in-service education as prescribed to a specified clinical area.

Section B

For the purposes of Section "B" of Clause 29 - Wages of this award the following definitions shall apply.

"Assistant Matron" a registered general nurse appointed by the employer to assist the matron in the supervision and administration of a hospital.

"Charge Nurse" a registered general nurse appointed as such to be in charge of a ward, department or floor in a hospital.

"Clinical Instructor" a registered nurse appointed as such who is engaged full time in the instruction of student nurses or enrolled nurses in practical nursing.

"Deputy Matron" a registered general nurse appointed by the employer to assist in the administration of the hospital and deputise for the matron.

"Matron" a registered general nurse appointed by the employer as head of nursing at a hospital.

"Night Nurse in Charge" the registered general nurse who is appointed as such to be in charge of a hospital at night.

"Nurse Educator" a registered nurse appointed as such holding a diploma of nursing education or a qualification acceptable to the employer who is engaged full time in the education of student nurses and/or enrolled nurses.

"Principal Nurse Educator" a nurse educator appointed as such who is responsible for the administration of a School of Nursing and the overall planning, organising and implementation of a nursing education programme.

"Senior Nurse Educator" a nurse educator appointed as such who has special responsibilities related to a particular subject or group of students.

7. - AVERAGE OCCUPIED BEDS

(1) For the purpose of ascertaining the daily average of occupied beds the average shall be taken for the six months ending 30th June and 31st December in each and every year, and such average shall relate to the succeeding half year.

(2) Babies receiving attention shall be included in calculating the daily average: Provided, however, that no new born baby shall be included in making the calculation for the first seven days in the hospital.

8. - HOURS

(1) The ordinary hours of duty shall be -

(a) Employees commencing on or after 6 April 1990:

(i) Thirty-eight hours per week or

(ii) An average of thirty-eight hours per week with hours actually worked being forty per week or eighty per fortnight.

(iii) The hours of duty shall be at the discretion of the employer and shall be made known to the employee prior to appointment.

(b) Employees commencing prior to 6 April 1990:

(i) An average of thirty-eight hours per week.

(ii) Hours actually worked being forty per week or eighty per fortnight.

(c) Provided that there shall be no fixed hours of duty for any registered nurse level 4 or 5 referred to in Schedule A.

(2) A shift shall not exceed ten hours.

(3) An employee who actually works forty-hours per week shall:

(a) Accrue two hours of each week's work as an entitlement to a maximum of twelve accrued days off in each twelve month period. The accrued day(s) off shall be taken:

(i) in a minimum period of one week made up of five consecutive accrued days off in conjunction with a period of Annual Leave; or

(ii) at a time agreed by the employer and employee -

(b) Accrue 0.4 of an hour per day as an entitlement to take the 20th day in each cycle as an Accrued Day Off in conjunction with other days off.

(i) Provided that an employee who has not accrued sufficient hours to enable a full paid shift off duty to be taken after the completion of the twenty day cycle will continue to work until sufficient hours have been accrued.

(ii) The employer and employee may agree that ordinary hours worked over a ten day two week cycle may be adjusted to enable seventy-six hours to be worked over nine and a half days of the cycle; with the other half day taken as an accrued half day off.

(4) (a) Up to five accrued days off per year of service, however accrued, may be taken as single days off and such days may be rostered at the employer's discretion subject to at least two days' notice being given to the employee affected.

(b) Notwithstanding the provisions of paragraph (a) any number of accrued days off may be taken in periods of one day or less where there is genuine agreement between the employer and employee.

(5) The employer and employee may agree to substitute the scheduled accrued day off for another day.

(6) Payment for accrued day(s) off shall be calculated at the employee's normal rate of pay, excluding penalty rates.

(7) (a) Each employee shall be rostered off duty for not less than two full days in each week or four full days in each fortnight.

(b) A minimum of two days off duty shall be taken consecutively unless otherwise agreed between the employer and employee.

(8) An employee shall be allowed at least nine and one half hours break between shifts.

(a) An employee changing from night to day shift or from day to night shift shall not be rostered on duty during the twenty hours immediately preceding the changed shift.

(b) The employer and the employee may agree to vary the provisions of this subclause to enable the services of the employer to be carried out.

(i) When an employee is absent from duty, or

(ii) In an emergency, or

(iii) Where the employer and the Federation agree.

(9) The provisions of this clause apply to a part-time employee in the same ratio as the hours normally worked relate to full-time employees.

(10) The provisions of subclauses (2), (3), (7) and (8) shall not apply to a registered nurse level 4 or 5 referred to in Schedule A.

9. - OVERTIME

(1) All time worked in excess of the ordinary rostered hours on any day shall be paid for as hereunder:-

(a) Time and a half for the first two hours on any day Monday to Saturday, both inclusive, and double time thereafter;

(b) Double time on a Sunday;

(c) Double time for all overtime worked consecutively with a rostered shift on a Saturday, or public holiday as prescribed in Clause 10A. - Public Holidays of this award.

(2) Where the employee and the employer so agree, time off in lieu of payment for overtime may be allowed proportionate to the payment to which she is entitled. Such time off to be taken at the convenience of the hospital provided that:-

(a) Such time off is in unbroken periods according to each period of overtime worked; and

(b) The overtime is made up within 28 days from the time when it became due except where it arises from the changeover from night duty to day duty or day duty to night duty.

(3) An employee called upon to work during the hours she is rostered off in accordance with subclause (4) of Clause 8 - Hours of this award shall be paid for all time worked at overtime rates provided in subclause (1) of this clause.

(4) Less than fifteen minutes overtime for a week or thirty minutes overtime for a fortnight shall not be paid for.

(5) An employee recalled for duty outside her normal working hours shall be paid a minimum of two hours pay and in addition thereto all reasonable expenses incurred in returning to duty.

(6) Where an employee has not been notified the previous day or earlier that she is required to work overtime, the employer shall ensure that employees working such overtime for an hour or more shall be provided with any of the usual meals occurring during such overtime or be paid $4.20 for each meal.

(7) (a) When overtime work is necessary it shall, wherever reasonably practicable be so arranged that employees have at least ten consecutive hours off duty between the work of successive days.

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

Provided that where an employee whose next rostered shift is day duty is required to work overtime extending beyond midnight or commencing after midnight, that employee shall, subject to paragraph (c) of this subclause be released from the requirement to present for day duty without loss of ordinary wages until a period of eight consecutive hours has elapsed since the completion of the overtime.

(c) If, on the instruction of her employer, such employee resumes or continues work without having had ten or eight consecutive hours off duty, as the case may be, she shall be paid at double rates until she is released from duty for such period and she shall then be entitled to be absent until she has had such consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

(d) The provisions of this subclause shall apply in the case of shift workers who rotate from one shift to another, as if eight hours were substituted for ten hours, when overtime is worked:

(i) for the purpose of changing shift rosters; or

(ii) where a shift worker does not report for duty; or

(iii) where a shift is worked by arrangement between the workers themselves.

(8) The provisions of subclauses (2), (3), (7) and (8) shall not apply to a registered nurse level 4 or 5 referred to in Schedule A.

10. - ANNUAL LEAVE

(1) (a) An employee routinely rostered to work all evening and/or night shifts, or such shifts in combination with day shift shall be entitled to seven consecutive weeks' annual leave by the employer after each period of twelve months continuous service with such employer.

(b) An employee who is not required to work evening, night, weekend shifts or public holidays shall be entitled to four consecutive weeks' annual leave by the employer after each period of twelve months continuous service with such employer.

(c) An employee who is occasionally required to work an evening, night or weekend shift shall be entitled in addition to the leave prescribed in subclause (1)(b) of this clause, to a further day's leave for each seven ordinary shifts so worked, provided that the maximum additional leave shall not exceed five days.

(d) An employee who occasionally is required to work or remain on call on a public holiday shall be entitled in addition to leave prescribed in subclause (1)(b) of this clause, to a further day's leave for each public holiday so worked.

(e) Provided that a registered nurse level 4 or 5 referred to in Schedule A shall only be entitled to four consecutive weeks annual leave by the employer after each period of twelve months continuous service with such employer.

(2) (a) The employee shall be paid for any period of annual leave prescribed in this clause at the ordinary rate of wage the employee has received for the greatest proportion of the calendar month prior to her/his taking the leave, and, in the case of rostered employees, that rate of wage shall include the shift and weekend penalties the employee would have received had the employee not proceeded on annual leave.

Where it is not possible to calculate the shift and weekend penalties the rostered employee would have received, the employee shall be paid at the rate of the average of such payments made each week over the four weeks prior to taking the leave.

Provided that no employee when proceeding on annual leave shall be paid less than the sum of the following amounts for each week:

(i) The employee's ordinary rate of wage as prescribed by this award for the period of annual leave (excluding shift and weekend penalties).

(ii) For those employees entitled to seven weeks' annual leave, a further amount calculated at the rate of 17.5 per cent of five sevenths of the amounts referred to in subparagraph (i) of this subclause.

(iii) For other employees, a further amount calculated at the rate of 17.5 per cent of the amounts referred to in subparagraph (i) of this subclause in respect of all periods of annual leave other than those periods to which the employee is entitled under paragraph (d) of subclause (1) of this clause.

(b) Where there is mutual agreement between the employer and employee, an employee proceeding on annual leave may be paid for the whole of that period of annual leave prior to taking the leave.

(3) (a) If after one month's continuous service in any qualifying twelve monthly period an employee lawfully terminates her/his service or her/his employment is lawfully terminated by the employer through no fault of the employee, the employee shall be paid a proportionate amount in accordance with subclause (1)(a) and (b) of this clause in respect of each week of continuous service in that qualifying period. Such employee will be paid the full entitlement under subclause (1)(c) and (d). In respect of such leave the 17.5% loading will not apply.

(b) In addition to any payment to which she/he may be entitled under this subclause an employee whose employment terminates after she/he has completed a twelve monthly qualifying period and who has not been allowed the leave prescribed under this award in respect of that qualifying period shall be given payment in lieu of that leave unless she/he has been justifiably dismissed for misconduct and the misconduct for which she/he has been dismissed occurred prior to the completion of that qualifying period.

(4) Any time in respect of which an employee is absent from work except paid sick leave, the first three months of unpaid sick leave, the first month of workers' compensation leave, long service leave and compassionate leave, shall not count in accruing annual leave.

(5) (a) The annual leave prescribed by this clause may be given and taken before the completion of 12 months' continuous service as prescribed by subclause (1) of this clause.

(b) If the services of an employee terminate and the employee has taken a period of leave in accordance with this subclause and if the period of leave so taken exceeds that which would become due pursuant to subclause (3) of this clause the employee shall be liable to pay the amount representing the difference between the amount received by her/him for the period of leave taken in accordance with this subclause and the amount which would have accrued in accordance with subclause (3) of this clause. The employer may deduct this amount from monies due to the employee by reason of the other provisions of this award at the time of termination.

(6) Each employee shall be given at least fourteen days' notice of the actual commencing date of her/his leave. A roster shall be kept in all hospitals of over twenty bed average, showing the approximate date of commencement of annual leave. The roster shall be placed on a notice board in some convenient place for inspection by workers.

(7) Leave shall be given as soon as practicable after falling due. The leave of a student nurse shall not accumulate but shall be given each year. The leave of a nurse shall not accumulate except with the consent of the nurse and in no case shall it accumulate for more than two years.

(8) Any leave accrued for the final year of training shall be paid for at the rate payable for such year of service.

(9) (a) The annual leave prescribed in subclause (1) of this clause may be split into more than one portion -

(i) where the twelve Accrued Day(s) Off are taken in conjunction with annual leave by the employee once per annum provided that no portion is less than two weeks;

(ii) by consent between the employer and the employee concerned, annual leave may be taken in single days.

(b) Any dispute arising out of this clause in relation to splitting or not splitting an employee's annual leave entitlement, if not resolved by agreement between the employer, the employee and the Union, shall be referred to the Western Australian Industrial Relations Commission for determination.

(10) When an employee proceeds on the first four weeks' of the annual leave prescribed by subclause (1) of this clause there will be no accrual towards an Accrued Day(s) Off as prescribed in subclause (1) and (2) of Clause 8. - Hours of this award. Accrual towards an Accrued Day(s) Off shall continue during any other period of annual leave prescribed by this clause.

(11) In the case of a part time employee whose hours have varied over the qualifying period the ordinary rate of wage shall be ascertained by averaging the hours worked during the qualifying period.

10A. - PUBLIC HOLIDAYS

(1) An employee, other than a registered nurse level 4 or 5 referred to in Schedule A, who works on any public holiday named herein shall be paid a loading of 50 per cent of the ordinary wage for the time worked in ordinary hours of that day.

(2) For the purposes of this clause the following days, or the days observed in lieu of those days, shall be considered as public holidays: New Year's Day, Australia Day, Labour Day, Good Friday, Easter Monday, Anzac Day, State Foundation Day, Queen's Birthday, Christmas Day and Boxing Day.

11. - SICK LEAVE

(1) Student Nurses:

Sick leave shall be granted to student nurses on the basis of 45 working days on full pay for the first three years' service, and one and one quarter days for each completed month of service after the first three years.

(2) Trained Nurses:

(a) An employee who is unable to attend work on the grounds of personal ill health or injury shall be entitled to payment at the rate of one sixth of one week's pay for each completed month of service.

(b) If an employee is absent due to ill health or injury for a period longer than the entitlement, payment may be adjusted when entitlement has become due.

(c) Unused portions of sick leave entitlement shall accumulate from year to year and may be taken in any subsequent year, provided that an employee shall not be eligible to be paid more than 10 weeks accumulated leave in any one year.

(d) An employee shall advise the employer as soon as reasonably practicable and if possible prior to the commencement of the shift, of the inability to attend work, the nature of illness or injury and the estimated duration of the absence.

(e) An employee must provide a medical certificate for any absence of more than two consecutive days.

(f) An employee is allowed a maximum of two days' absence without a medical certificate in any one accruing year.

(g) An employee who suffers personal ill health or injury whilst on annual leave may be paid sick leave in lieu of annual leave subject to -

(i) Providing a medical certificate stating the illness or injury necessitated confinement to home or hospital for seven consecutive days or more.

(ii) The portion of annual leave coinciding with the paid sick leave is to be taken at a time mutually agreed by employer and employee, or shall be added to the next period of annual leave.

(iii) Payment for replaced annual leave shall be at the rate of wage applicable at the time the leave is subsequently taken provided that the annual leave loading prescribed in Clause 10. - Annual Leave of this Award shall be deemed to have been paid with respect to the replaced annual leave.

(h) No paid leave shall be granted if the illness or injury has been caused by the employee's own misconduct.

(i) This clause shall not apply where the employee is entitled to compensation under the Workers' Compensation and Assistance Act 1981.

(j) Where a business has been transmitted from one employer to another and the employee's service has been deemed continuous in accordance with subclause (3) of Clause (2) of the Long Service Leave provisions published in volume 65 of the Western Australian Industrial Gazette at pages 1-4, the paid sick leave standing to the credit of the employee at the date of transmission from service with the transmitter shall stand to the credit of the worker at the commencement of service with the transmittee and may be claimed in accordance with the provisions of this clause.

(k) An employee shall not be entitled to paid sick leave if the illness or injury occurs on an accrued day off day, unless the illness is for a period of seven consecutive days or more.

(l) An employee will continue to accrue an entitlement to an accrued day(s) off whilst on sick leave.

12. - CONTRACT OF SERVICE

(1) The contract of service of every employee shall be a weekly contract, terminable by one week's notice in writing by either party, or by payment or forfeiture as the case may be of one week's wages, except where otherwise agreed and contracted by the employer, for any period up to and including two weeks for level 1 and up to and including four weeks for levels 2, 3, 4 and 5.

(2) Except that in the case of casuals the contract of service shall be by the day and may be terminated by one day's notice or by the payment or forfeiture of one day's wages, as the case may be.

(3) The employer shall be under no obligation to pay for any day not worked upon which the employee is required to present for duty, except where the absence from work is due to illness and comes within the

provisions of Clause 11 - Sick Leave of this award, or such absence is on account of any other form of leave to which the employee is entitled under the provisions of this award.

(4) This clause does not affect the right to dismiss for misconduct, and in such case wages shall be paid up to the time of dismissal only.

(5) Work As Directed: Each employee shall perform such work as the employer shall lawfully require having regard to safe practice and the level of competence and qualifications of the employee.

13. - STUDENT NURSES

(1) All persons accepted for training as student nurses in private hospitals in Western Australia shall be employed in accordance with the conditions prescribed in this clause.

(2) The probationary period of six months shall be counted as part of the training.

(3) The employer shall cause the trainee to be taught in accordance with the requirements of the Nurses' Board by competent instruction in a gradual and complete manner and shall give the trainee a reasonable opportunity of training for the profession.

(4) Every student nurse shall faithfully serve her employer and obey all reasonable directions of her employer at all times for the purpose of being taught the nursing profession and accept such theoretical and other instruction as required.

(5) Any lectures or examinations which occur normally during the duty hours shall be computed as part of the working time of the student nurse whose duty it is to attend such lectures or examinations and there shall be no reduction in salary in respect thereto.

(6) A student nurse shall not be obliged to attend lectures or sit for examinations during her annual leave.

(7) No student nurse on night duty shall be obliged to take an examination until at least eight hours after completion of duty.

(8) Any dispute between the Federation and any employer bound by this award as to the dismissal of a student nurse may be referred to the Board of Reference for hearing and determination.

(9) A student nurse who wilfully refuses to obey, or disobeys the lawful orders of her employer or who grossly misbehaves or is negligent or dishonest, or is absent from duty without leave and without reasonable excuse may be dismissed without notice.

(10) Time lost from duty by the student nurse for any cause, other than sick leave, subject to regulation 44 of the Nurses' Registration Regulations, shall be made up by the student nurse at the conclusion of that year at the rate of wage or remuneration fixed for and applicable to the service of the student nurse during that year: Provided that time lost shall not include absence of the student nurse on annual leave.

(11) Student nurses who do not pass their final examinations may be retained until such examinations are passed and during such period they shall be paid at the rate appropriate to their year of service, but such extended period shall in no case exceed twelve months.

(12) The proportion of student nurses in a training hospital approved by the Nurses' Registration Board shall not be more than six student nurses to each certificated nurse.

(13) Student nurses sitting for the examinations held by the Nurses' Registration Board shall be taken off night duty at least four weeks, as far as practicable, before the examinations are held.

14. - LAUNDRY AND UNIFORMS

(1) (a) All workers living in shall have, free of cost, the reasonable use of all laundry facilities, including soap, blue and other equipment necessary for washing and ironing their clothes.

(b) Uniforms shall be laundered free of cost to workers but where the uniforms of any worker cannot be laundered at the hospital an allowance of sixty cents per week shall be paid to the workers.

(2) (a) The employer shall provide student nurses with all uniforms required, which uniforms shall at all times remain the property of the employer.

(b) Student nurses who are required or recommended to wear a stipulated type of hospital stocking shall be provided with six pairs free of charge each year. For the purpose of this paragraph "Hospital Stocking" means stockings of a colour or material not ordinarily worn for civilian dress.

(c) If a student nurse withdraws from training prior to the completion of twelve months service the employer may deduct from wages due an amount of $10.00 towards the cost of initial uniforms issued.

(d) Where an employee is required by the employer to wear a uniform, sufficient uniforms shall be provided by the employer at his expense or alternatively the employer may pay an allowance of $2.30 per week.

For the purpose of this paragraph an employee shall be deemed to be "required", unless the employer advises the worker that the wearing of uniforms is not a condition of employment.

(e) No claim shall be made to amend the provisions of this clause before July 1, 1988, except that the Union shall have liberty to apply in respect of the amount prescribed in paragraph (d) of subclause (2) of this clause to increase the amount prescribed by the percentage movement from National Wage Decisions.

15. - TIME AND WAGES BOOK

(1) A time book shall be open for inspection at all reasonable times by an accredited representative of the Federation. Each employee, other than a registered nurse level 4 or 5 referred to in Schedule A, must record in such book the exact time on which he/she starts and finishes duty on each day and also time booked off for meals.

(2) The salary sheets shall, upon reasonable notice of not less than 24 hours being given to an employer, be open for inspection at the office of the employer concerned by an accredited representative of the Federation.

(3) Any system of automatic recording by means of a machine shall be deemed a compliance with the provisions of subclause (1) so far as the particulars actually recorded are concerned.

16. - INTERVIEWS

Consistent with the terms of the Labour Relations Legislation Amendment Act 1997 and S.23(3)(c)(iii) of the Industrial Relations Act a representative of the Union shall not exercise the rights under this clause with respect to entering any part of the premises of the employer unless the employer is the employer, or former employer of a member of the Union.

(1) An accredited representative of the Union shall be entitled to enter the business premises of the employer and interview an employee subject to the following:

(a) on arrival at the workplace the union representative shall seek permission to enter the premises from the employer or his senior representative.

(b) Agreement between the union representative and the employer shall be sought as to where and subject to what conditions the employee may be interviewed or work inspected.

(2) Failing agreement on the foregoing, the following shall apply:

On giving prior notice in writing or by telephone to the employer or his appointed representative, or failing that person being available, the most senior person in charge of the establishment, an accredited representative of the Federation shall be entitled to enter the business premises of the employer to interview an employee at a time and place agreed between the Federation and the employer. Where there is no agreement as to time and place, the Federation representative shall have the right, upon prior notice to the employer or his representative, or most senior person in charge of the establishment, to interview employees during the recognised meal period at the place where the meal is usually taken. If access has not been gained in accordance with the provisions of this clause then the union representative shall leave immediately upon a request from the employer or, his appointed representative or senior person in charge.

17. - ROSTERS

(1) A roster of working hours shall be posted in a convenient place where it can be readily seen by each worker concerned.

(2) The roster shall be open for inspection by an accredited representative of the Federation at all reasonable times.

(3) The roster shall be posted at least seven days before it comes into operation.

(4) The roster may be altered at the employer's discretion at any time if the employer's organisational requirements render such alteration necessary.

18. - LIVING ALLOWANCES AND ACCOMMODATION

(1) Where employees are provided with Lodging by the employer, the following charges, or deductions as the case may be, may be made by the employer:-

Lodging $13.30 per weekLodging for employees sharing rooms $6.70 per weekLodging for self contained furnishing single accommodation within hospital grounds

$22.10 per week

For the purposes of this clause "Lodging" means a room constituting a bedroom, together with communal toilet, laundry and sitting room facilities.

(2) (a) The amounts herein prescribed shall be varied as the result of State Wage Case variations to the rate of wage for a Registered General Nurse (First Year) under the Nurses' (Private Hospitals) Award, by the same proportion and at the same time.

(b) Any variation to the lodging charges shall be calculated to the nearest ten cents.

19. - MEAL AND MEAL HOURS

New Section's Body

(1) (a) Meal breaks shall be a minimum of 30 minutes and subject to subclause (2) of this clause shall not be counted as time worked.

(b) (i) An employee shall not be compelled to work more than five hours without a meal break provided that:

(aa) An employee who commences work at or before 7.00am may be required to work for six hours before having a meal break;

(bb) An employee on a ten hour shift may be required to work five and one half hours without a meal break;

(cc) An employee who is directly participating in a continuous surgical procedure that is unable to be interrupted may be required to work for six hours from commencement of the shift before having a meal break.

(2) Where an employee is required to be on duty or required to be available at the hospital in accordance with the provisions of Regulation 36 of the Private Hospital Regulations 1970 during the period prescribed in subclause (1) of this clause the employee shall be paid at ordinary rates but the time when she is on duty but not working or available at the hospital and not working shall not be counted as time worked for the purposes of Clause 9 - Overtime.

(3) One seven minute tea break shall be allowed during each shift and shall be taken when convenient to the employer without deduction of pay for such time.

20. - BOARD OF REFERENCE

(1) The Commission hereby appoints for the purposes of this award, a Board of Reference consisting of a Chairman and two other members who shall be appointed pursuant to section 48 of the Industrial Arbitration Act, 1979.

(2) The Board of Reference is hereby assigned the function of determining any dispute between the parties in relation to any matter which, under this award, may be allowed, approved, fixed, determined or dealt with by a Board of Reference.

21. - ON CALL

(1) For the purposes of this award an employee is on call when she/he is directed by the employer to remain at such a place as will enable the employer to readily contact her/him during the hours when she/he is not otherwise on duty. In so determining the place at which the employee shall remain, the employer may require that place to be within a specified radius from the hospital.

(2) An employee shall be paid 18.75% of 1/40th of the rate prescribed in this award for a registered general nurse in her/his third year for each hour or part thereof she/he is on call. Provided that payment in accordance with this paragraph shall not be made with respect to any period for which payment is made in accordance with the provisions of Clause 9. - Overtime of this award when the employee is recalled to work.

(3) If the usual means of contact between the employer and the employee on call is a telephone and if the employee pays or contributes towards the payment of the rental of such telephone the employer shall pay the employee an amount being a proportion of the telephone rental calculated on the basis that for each seven days on which an employee is required to be on call the employer shall pay the employee 1/52nd of the annual rental paid by the worker.

(4) The provisions of this clause shall not apply to any registered nurse level 4 or 5 referred to in Schedule A.

22. - PART-TIME EMPLOYEES

(1) "Part-Time Employee" means an employee regularly employed to work less hours than those prescribed for full-time workers in any weekly period.

(2) A part-time employee shall receive payment for wages, annual leave, long service leave, sick leave, compassionate leave, laundry and uniform allowances and other weekly allowances in the same ratio as the ordinary hours worked relate to full-time employees.

(3) A part-time employee may be required to work additional shifts at ordinary rates subject to the normal rostering parameters of a full-time employee, where -

(a) The employee has previously provided written agreement to work extra shifts, or

(b) The extra shift was arranged prior to the completion of the employee's previous shift.

23. - CASUAL EMPLOYEES

(1) "Casual Employee" means an employee engaged for periods of less than ten weeks with no guarantee of continual or additional employment.

(2) All casual employees shall be paid one fortieth of the rate of their classification for each hour worked, plus 25% additional loading.

(3) A casual employee shall not receive any of the entitlements prescribed in Clauses 10. - Annual Leave, 10A. - Public Holidays, 26. - Long Service Leave, 36. - Bereavement Leave, 11. - Sick Leave and 33. - Maternity Leave.

24. - TEMPORARY EMPLOYEES

(1) "Temporary Employee" means an employee engaged for a specific period longer than ten weeks but less than 12 months.

(2) A temporary employee shall accrue and be paid the same benefits as a permanent employee.

25. - OTHER PROVISIONS

(1) For Midwives' Registration Board examinations, as far as practicable, one full day shall be allowed for examinations in addition to normal days off.

(2) Student nurses sitting for the examinations held by the Nurses' Registration Board shall as far as practicable be allowed one full day off in addition to normal days off.

26. - LONG SERVICE LEAVE

(1) The long service leave provisions published in Volume 65 of the Western Australian Industrial Gazette at pages one to four inclusive, as updated from time to time, are hereby incorporated in and shall be deemed to be part of this award, providing that long service leave shall not accrue on periods of workers compensation leave in excess of one month.

(2) Where an employee proceeds on long service leave there will be no accrual towards an Accrued Day(s) Off as prescribed in subclauses (1) and (2) of Clause 8 - Hours of this award.

27. - AWARD NOT TO AFFECT PRESENT WAGES AND PRIVILEGES

Subject to the method of regulating wages on the average of occupied beds, nothing herein contained shall entitle an employer to reduce the wage of any worker who at the date of this award is being paid a higher rate of wage than the minimum prescribed for her class of work.

28. - HIGHER DUTIES

(1) An employee required to relieve in a position attracting a higher rate of wage, for a period of not less than five consecutive working days shall be paid at that higher rate.

(2) When a relief employee satisfactorily performs some, but not all, of the duties of the position a rate of wage less than the rate the position normally attracts can be paid on agreement between the employer and employee.

29. - WAGES

(1) The minimum rate of wages per week payable to employees under this award shall be as follows:

(a) Post Basic Student:

A registered nurse undertaking post basic training in a course leading to registration or a certificate endorsed by the Nurses' Board of Western Australia shall be paid at the rate prescribed in subparagraph (c)(i) of this subclause for the second year of experience or such higher rate commensurate with the pre-requisite experience for entry to a course. Provided that this subclause shall not operate so as to increase the rate of wage being paid to a nurse at the point of entry to such a course.

Base Rate Per Week$

Arbitrated Safety Net

Adjustment$

Total Rate$

(b) Registered Mothercraft Nurse - Years of Experience:1st Year 396.20 403.60 799.802nd Year 403.70 404.30 808.003rd Year 414.80 405.10 819.904th Year 426.30 406.20 832.505th Year and thereafter 437.40 409.40 846.80

(c) Registered General Nurse:

Level 1.1 471.60 415.20 886.801:2 495.10 415.70 910.801:3 518.70 418.30 937.001:4 542.30 423.00 965.301:5 565.90 425.60 991.501:6 589.50 428.20 1017.701:7 613.00 430.70 1043.701:8 636.60 433.30 1069.90

Level 2:1 660.20 433.80 1094.002:2 675.90 435.40 1111.302:3 691.60 437.20 1128.802:4 707.30 439.00 1146.30

Level 3:1 736.80 442.20 1179.003:2 754.50 444.10 1198.603:3 772.20 446.10 1218.303:4 789.90 448.00 1237.90

Level 4:1 834.60 453.00 1287.604:2 859.30 455.60 1314.904:3 908.30 461.00 1369.304:4 933.10 463.80 1396.90

4:5 957.60 466.40 1424.004:6 994.40 470.30 1464.70

Level 5:1 994.40 470.30 1464.705:2 1059.70 477.60 1537.30

(2) Classification in levels:

Level 1 A registered nurse in the first or subsequent years of experience as a registered nurse and not elsewhere classified.

Level 2. A registered nurse appointed as a clinical nurse, an area manager, a research nurse, a staff development nurse, or clinical instructor.

A registered nurse functioning in a combined role and classified at Level 2.

Level 3. A registered nurse appointed as a clinical nurse specialist, a nurse manager, a nursing researcher, a staff development educator, or a nurse educator.

A registered nurse functioning in a combined role classified at Level 3.

Level 4 A registered nurse appointed as a co-ordinator clinical nursing, a co-ordinator nursing management, a co-ordinator nursing research, or a co-ordinator nursing staff development/education.

A registered nurse appointed to co-ordinate combined roles at Level 4.

Director of Nursing - Level 4.

Level 5 Director of Nursing - Level 5.

(3) The rates of pay in this award include arbitrated safety net adjustments available since December 1993, under the Arbitrated Safety Net Adjustment Principle.

These arbitrated safety net adjustments may be offset against any equivalent amount in the rate of pay received by employees since 1 November 1991 above the rate prescribed in the Award, except where such absorption is contrary to the terms of an industrial agreement.

Increases in rates of pay otherwise made under the State Wage Case Principles, excepting those resulting from enterprise agreements, are not to be used to offset arbitrated safety net adjustments.

(4) A Director of Nursing in a Nursing Home shall be paid on the following basis:

(a) Less than 20 beds Level 4, increment 1

20 beds and up to 39 beds Level 4, increment 1 to increment 2

40 beds and up to 59 beds Level 4, increment 3 to increment 4

60 beds and up to 99 beds Level 4, increment 4 to increment 6

100 beds or more Level 4, increment 6 to Level 5, increment 2

(b) In addition to the above, in deciding the increment to be paid within the appropriate range as provided by subclause (a) above, the following factors shall be considered:

(i) The range of Occupational Therapy, Physiotherapy, Podiatry and/or other such services provided, if any;

(ii) The provision of such services as psychogeriatic units, respite care, day centres and/or hostels, if any;

(iii) The extent of involvement of the Directors of Nursing in purchasing, budget preparation and/or any administrative duties;

(iv) The extent of responsibility taken by the Director of Nursing for the kitchen, laundry, cleaning, gardening, maintenance and/or other like functions;

(v) The extent of responsibility of the Director of Nursing for Staff Development and Education.

(5) (a) (i) A nurse classified at Level 1 who completes a Bachelor of Applied Science in Nursing, or equivalent Nursing Degree shall be given accelerated progression of 12 months through the incremental scale.

Provided that a degree qualified nurse entering the workforce without clinical experience shall start at increment 1 Level 1. At the completion of 12 months' service that nurse shall accelerate one increment provided that performance is satisfactory.

(ii) The provisions of subparagraph (i) shall not apply to a nurse on the maximum incremental point in Level 1.

(b) Progression for all classifications for which there is more than one wage point, shall be by annual increments, subject to a satisfactory performance appraisal.

(6) Promotion and reclassification mechanisms shall be as agreed between the employer and the Federation.

(7) Where an employee is appointed to a position, previous relevant nursing experience at that level, or in a similar level under a differing career structure, shall be taken into account for determining the appropriate increment level.

Experience shall include the time spent in hospital based post basic courses and includes midwifery and psychiatric training.

(8) The onus of proof of previous experience shall rest with the employee.

Provided that an employee returning to the profession after an absence greater than five years shall commence at the first increment of Level 1 for a period of 3 months. During this time the employee shall be subject to performance appraisal and review by the Director of Nursing or by peer assessment if there is dispute. Upon satisfactory review she/he shall move to a level and increment as determined by the assessment. An employee who fails to satisfy the panel of her/his competency to progress through the Level 1 increments or into another level as the case may be, may apply for reassessment by a peer assessment panel after a period of 12 months from the date of employment.

30. - LOCATION ALLOWANCES

(1) Subject to the provisions of this clause, in addition to the rates prescribed in the wages clause of this award, an employee shall be paid the following weekly allowances when employed in the towns prescribed hereunder. Provided that where the wages are prescribed as fortnightly rates of pay, these allowances shall be shown as fortnightly allowances.

TOWN PER WEEK

Agnew $22.30Argyle $59.70Balladonia $23.10Barrow Island $38.90Boulder $9.50

Broome $35.90Bullfinch $10.40Carnarvon $18.40Cockatoo Island $39.30Coolgardie $9.50Cue $22.90Dampier $31.30Denham $18.40Derby $37.30Esperance $6.50Eucla $25.00Exmouth $32.80Fitzroy Crossing $45.30Halls Creek $52.40Kalbarri $8.00Kalgoorlie $9.50Kambalda $9.50Karratha $37.60Koolan Island $39.30Koolyanobbing $10.40Kununurra $59.70Laverton $22.80Learmonth $32.80Leinster $22.30Leonora $22.80Madura $24.10Marble Bar $57.90Meekatharra $19.80Mount Magnet $24.80Mundrabilla $24.60Newman $21.40Norseman $19.80Nullagine $57.80Onslow $38.90Pannawonica $29.10Paraburdoo $28.90Port Hedland $31.10Ravensthorpe $11.70Roebourne $43.30Sandstone $22.30Shark Bay $18.40Southern Cross $10.40Telfer $53.20Teutonic Bore $22.30Tom Price $28.90Whim Creek $37.20Wickham $35.90Wiluna $22.50Wyndham $55.90

(2) Except as provided in subclause (3) of this clause, an employee who has:

(a) a dependant shall be paid double the allowance prescribed in subclause (1) of this clause;

(b) a partial dependant shall be paid the allowance prescribed in subclause (1) of this clause plus the difference between that rate and the amount such partial dependant is receiving by way of a district or location allowance.

(3) Where an employee:

(a) is provided with board and lodging by his/her employer, free of charge; or

(b) is provided with an allowance in lieu of board and lodging by virtue of the award or an order or agreement made pursuant to the Act;

such employee shall be paid 662/3 per cent of the allowances prescribed in subclause (1) of this clause.

(4) Subject to subclause (2) of this clause, junior employees, casual employees, part time employees, apprentices receiving less than adult rate and employees employed for less than a full week shall receive that proportion of the location allowance as equates with the proportion that their wage for ordinary hours that week is to the adult rate for the work performed.

(5) Where an employee is on annual leave or receives payment in lieu of annual leave he/she shall be paid for the period of such leave the location allowance to which he/she would ordinarily be entitled.

(6) Where an employee is on long service leave or other approved leave with pay (other than annual leave) he/she shall only be paid location allowance for the period of such leave he/she remains in the location in which he/she is employed.

(7) For the purposes of this clause:

(a) "Dependant" shall mean -

(i) a spouse or defacto partner; or

(ii) a child where there is no spouse or defacto partner;

who does not receive a location allowance or who, if in receipt of a salary or wage package, receives no consideration for which the location allowance is payable pursuant to the provisions of this clause.

(b) "Partial Dependant" shall mean a "dependant" as prescribed in paragraph (a) of this subclause who receives a location allowance which is less than the location allowance prescribed in subclause (1) of this clause or who, if in receipt of a salary or wage package, receives less than a full consideration for which the location allowance is payable pursuant to the provisions of this clause.

(8) Where an employee is employed in a town or location not specified in this clause the allowance payable for the purpose of subclause (1) of this clause shall be such amount as may be agreed between Australian Mines and Metals Association, the Chamber of Commerce and Industry of Western Australia and UnionsWA or, failing such agreement, as may be determined by the Commission.

(9) Subject to the making of a General Order pursuant to s.50 of the Act, that part of each location allowance representing prices shall be varied from the beginning of the first pay period commencing on or after the 1st day in July of each year in accordance with the annual percentage change in the Consumer Price Index (excluding housing), for Perth measured to the end of the immediately preceding March quarter, the calculation to be taken to the nearest ten cents.

31. - SHIFT WORK

(1) (a) Where on any day a worker commences her ordinary hours of work before 4.00 a.m. or after 12.00 noon, she shall be paid a loading with respect to those ordinary hours of 12 1/2%

(b) (i) The provisions of paragraph (a) of this subclause do not apply to a worker who on any day commences her ordinary hours of work after 12.00 noon and completes those hours before 6.00 p.m. on that day.

(ii) The provisions of paragraph (a) of this subclause apply to a worker who on any day commences her ordinary hours of work before 12.00 noon and completes those hours after 8.00 p.m. on that day.

(c) Where a worker works a broken shift each portion of that shift shall be considered a separate shift for the purpose of this clause.

(2) Subject to the provisions of subclause (3) of this clause all work performed during ordinary hours on a Saturday or Sunday shall be paid at the rate of time and one half.

(3) Where the ordinary hours of work span 12.00 midnight on a Friday night or Sunday night the additional payments for shift work and work during the weekend may be made at the option of the employer -

(a) by calculation for the whole shift according to the rate of the additional payment for the greater part of the shift; or

(b) by calculation for each part of the shift according to the rate applicable for additional payment for shift work and work during the weekend as the case may be.

Provided that having decided on one method of calculation the employer shall give at least two weeks notice of intention to change to the other method and any such change shall be given effect with respect to the shift commencing on a Friday.

(4) The provisions of this clause shall not apply to any registered nurse level 4 or 5 referred to in Schedule A.

32. - CALCULATION OF PENALTIES

Where an employee works hours which would entitle that employee to payment of more than one of the penalties payable in accordance with Clause 9 - Overtime, Clause 10A. - Public Holidays and Clause 31 - Shift Work of this award, only the highest of any such penalty shall be payable.

33. - MATERNITY LEAVE

(1) Eligibility for Maternity Leave

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

For the purposes of this clause:

(a) A worker shall include a part-time worker but shall not include a worker engaged upon casual or seasonal work.

(b) Maternity leave shall mean unpaid maternity leave.

(2) Period of Leave and Commencement of Leave

(a) Subject to subclauses (3) and (6) hereof, the period of maternity leave shall be for an unbroken period of from 12 to 52 weeks and shall include a period of six weeks' compulsory leave to be

taken immediately before the presumed date of confinement and a period of six weeks' compulsory leave to be taken immediately following confinement.

(b) A worker shall, not less than 10 weeks prior to the presumed date of confinement, give notice in writing to her employer stating the presumed date of confinement.

(c) A worker shall give not less than four weeks' notice in writing to her employer of the date upon which she proposes to commence maternity leave, stating the period of leave to be taken.

(d) A worker shall not be in breach of this order as a consequence of failure to give the stipulated period of notice in accordance with paragraph (c) hereof if such failure is occasioned by the confinement occurring earlier than the presumed date.

(3) Transfer to a Safe-Job

Where in the opinion of a duly qualified medical practitioner, illness or risks arising out of the pregnancy or hazards connected with the work assigned to the worker make it inadvisable for the worker to continue at her present work, the worker shall, if the employer deems it practicable, be transferred to a safe job at the rate and on the conditions attaching to that job until the commencement of maternity leave.

If the transfer to a safe job is not practicable, the worker may, or the employer may require the worker to, take leave for such period as is certified necessary by a duly qualified medical practitioner. Such leave shall be treated as maternity leave for the purposes of subclauses (7), (8), (9) and (10) hereof.

(4) Variation of Period of Maternity Leave

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

(b) The period of leave may, with the consent of the employer, be shortened by the worker giving not less than 14 days' notice in writing stating the period by which the leave is to be shortened.

(5) Cancellation of Maternity Leave

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

(b) Where the pregnancy of a worker then on maternity leave terminates other than by the birth of a living child, it shall be right of the worker to resume work at a time nominated by the employer which shall not exceed four weeks from the date of notice in writing by the worker to the employer that she desires to resume work

(6) Special Maternity Leave and Sick Leave

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

(i) she shall be entitled to such period of unpaid leave (to be known as special maternity leave) as a duly qualified medical practitioner certifies as necessary before her return to work, or

(ii) for illness other than the normal consequences of confinement she shall be entitled, either in lieu of or in addition to special maternity leave, to such paid sick leave as to which she is then entitled and which a duly qualified medical practitioner certifies as necessary before her return to work

(b) Where a worker not then on maternity leave suffers illness related to her pregnancy, she may take such paid sick leave as to which she is then entitled and such further unpaid leave (to be known as special maternity leave) as a duly qualified medical practitioner certifies as necessary

before her return to work, provided that the aggregate of paid sick leave, special maternity leave and maternity leave shall not exceed 52 weeks.

(c) For the purposes of subclauses (7), (8) and (9) hereof, maternity leave shall include special maternity leave.

(d) A worker returning to work after the completion of a period of leave taken pursuant to this subclause shall be entitled to the position which she held immediately before proceeding on such leave or, in the case of a worker who was transferred to a safe job pursuant to subclause (3), to the position she held immediately before such transfer.

Where such position no longer exists but there are other positions available, for which the worker is qualified and the duties of which she is capable of performing, she shall be entitled to a position as nearly comparable in status and salary or wage to that of her former position.

(7) Maternity Leave and Other Leave Entitlements

Provided the aggregate of leave including leave taken pursuant to subclauses (3) and (6) hereof does not exceed 52 weeks.

(a) A worker may, in lieu of or in conjunction with maternity leave, take any annual leave or long service leave or any part thereof to which she is then entitled.

(b) Paid sick leave or other paid authorised award absences (excluding annual leave or long service leave), shall not be available to a worker during her absence on maternity leave.

(8) Effect of Maternity Leave on Employment

Notwithstanding any award, or other provision to the contrary, absence on maternity leave shall not break the continuity of service of a worker but shall not be taken into account in calculating the period of service for any purpose of the award.

(9) Termination of Employment

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

(b) An employer shall not terminate the employment of a worker on the ground of her pregnancy or of her absence on maternity leave, but otherwise the rights of an employer in relation to termination of employment are not hereby affected.

(10) Return to Work After Maternity Leave

(a) A worker shall confirm her intention of returning to her work by notice in writing to the employer given not less than four weeks prior to the expiration of her period of maternity leave.

(b) A worker, upon the expiration of the notice required by paragraph (a) hereof, shall be entitled to the position which she held immediately before proceeding on maternity leave or, in the case of a worker who was transferred to a safe job pursuant to subclause (3), to the position which she held immediately before such transfer. Where such position no longer exists but there are other positions available for which the worker is qualified and the duties of which she is capable of performing, she shall be entitled to a position as nearly comparable in status and salary or wage to that of her former position.

(11) Replacement Workers

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

(b) Before an employer engages a replacement worker under this subclause, the employer shall inform that person of the temporary nature of the employment and of the rights of the worker who is being replaced.

(c) Before an employer engages a person to replace a worker temporarily promoted or transferred in order to replace a worker exercising her rights under this clause, the employer shall inform that person of the temporary nature of the promotion or transfer and of the rights of the worker who is being replaced.

(d) Provided that nothing in this subclause shall be construed as requiring an employer to engage a replacement worker.

(e) A replacement worker shall not be entitled to any of the rights conferred by this clause except where her employment continues beyond the 12 months qualifying period.

(12) Effect of Maternity Leave on Accrued Day(s) Off

(a) When an employee proceeds on maternity leave there will be no accrual towards an Accrued Day(s) Off as prescribed in subclauses (1) and (2) of Clause 8 - Hours of this award.

(b) When an employee proceeds on maternity leave the employer may pay an employee the amount of hours accrued towards an Accrued Day(s) Off as prescribed in subclauses (1) and (2) of Clause 8 - Hours of this award.

34. - EFFECT OF 38 HOUR WEEK

(1) Termination

(a) An employee subject to the provisions of subclause (1) of Clause 8 - Hours of this award who has not taken any Accrued Day(s) Off accumulated during a work cycle in which employment is terminated, shall be paid the total of hours accumulated towards the Accrued Day(s) Off for which payment has not already been made.

(b) An employee who has taken any Accrued Day(s) Off during a work cycle in which employment is terminated shall have the wages due on termination reduced by the total hours for which payment has already been made but for which the employee had no entitlement toward those Accrued Day(s) Off.

(2) Workers' Compensation

(a) 20 Day Work Cycle

(i) Where an employee is on workers' compensation for periods for less than one complete 20 days work cycle, such employee will accrue towards and be paid for the succeeding Accrued Day Off following such absence.

(ii) An employee will not accrue Accrued Day(s) Off for periods of workers' compensation where such period of leave exceeds one or more complete 20 days work cycle.

(iii) Where an employee is on workers' compensation for less than one complete 20 day work cycle and an Accrued Day Off falls within the period, the employee will not be re-rostered for an additional Accrued Day Off.

(b) 12 Months' Work Cycle

(i) Where an employee is on workers' compensation for periods for less than a total of 20 consecutive work days in a work cycle such employee will accrue towards and be paid for the succeeding Accrued Day(s) Off following such leave.

(ii) Where an employee is on workers' compensation for periods greater than a total of 20 consecutive days in a work cycle such employee will have the period of workers' compensation added to the work cycle.

(iii) Where an employee is on workers' compensation for greater than 20 consecutive work days and an Accrued Day Off as prescribed in subclause (i) of Clause 7 - Hours of this award falls within the period the employee shall be re-rostered for another Accrued Day Off on completion of the 20 week work cycle following such absence.

(3) Leave Without Pay

An employee who is absent on any form of leave without pay shall not accumulate an entitlement to an Accrued Day Off for the period of such leave nor will the employee be entitled to an Accrued Day Off whilst on leave without pay.

(4) Pay Out of Entitlements

An employee who has accrued five Accrued Days Off or more, may by mutual written agreement, be paid for any Accrued Day(s) Off then standing to the credit of that employee. Such payment will be in full discharge of any liability on the employer arising pursuant to Clause 8 - Hours of this award. An employee shall not otherwise be paid for Accrued Day(s) Off without actually taking them as days off.

35. - PAYMENT OF WAGES

(1) Wages shall be paid by cheque, direct transfer or cash at the employer's discretion following consultation with the employees.

(2) (a) The employer may require an employee to receive wages by electronic funds transfer into an account held at any major bank, building society, or Nurses' Credit. Any costs associated with the establishment by the employee of such an account and of the operation of it shall be borne by the employee.

(b) In respect of transfer fees associated with the transfer of funds from the employer's bank to any other bank or financial institution nominated by the employee, such fees shall be paid by the employer.

36. - BEREAVEMENT LEAVE

(1) An employee shall on the death within Australia of a wife, husband, de facto wife or de facto husband, father, father in law, mother, mother in law, brother, sister, child or stepchild, be entitled on notice of leave up to and including the day of the funeral of such relation and such leave shall be without deduction of pay for a period not exceeding the number of hours worked by the employee in two ordinary working days. Proof of such death shall be furnished by the employee to the satisfaction of her employer.

(2) Provided that payment in respect of bereavement leave is to be made only where the employee otherwise would have been on duty and shall not be granted in any case where the employee concerned would have been off duty in accordance with her roster, or on long service leave, annual leave, sick leave, workers compensation, leave without pay or on a public holiday.

(3) An employee shall not be entitled to claim payment for bereavement leave on a day when that employee is absent on an Accrued Day Off in accordance with the provisions of subclauses (1) and (2) of Clause 8 - Hours of this Award.

(4) An employee whilst on bereavement leave prescribed by this clause shall continue to accrue an entitlement to an Accrued Day Off as prescribed in subclauses (1) and (2) of Clause 8 - Hours of this Award.

37. - LEAVE WITHOUT PAY

Leave without pay may be provided by the employer and taken by the employee only where both parties consent and the arrangements for such leave shall be by agreement between the parties.

38. - COMPACTION OF LEAVE

On agreement between the employer and employee, a part-time employee or an employee whose ordinary hours have changed from part-time may take entitlements as a reduced period of full-time equivalent time off.

39. - ENTERPRISE AGREEMENTS

(1) (a) Employers and employees covered by this award, may reach agreements to move to vary provisions of this award to meet the requirements of the employer's business and the aspirations of the employees concerned.

(b) Such agreements shall be subject to the procedures contained in subclause (2) of this clause.

(2) (a) The proposed variation shall be committed to writing, and shall be the subject of negotiation between the persons directly concerned with their effect.

(b) Where enterprise level discussions are considering matters requiring award variation, the union shall be notified.

(c) Nothing in this clause shall prevent the employees from seeking advice from, or representation by, the union during such negotiations.

(d) Any agreement reached out of this negotiation process shall be committed to writing and, if the union has not been involved in the negotiations, a copy shall be sent to the Secretary of the union.

(e) Where the agreements represents the consent of the employer and the majority of the employees concerned, the union shall not unreasonably oppose the terms of that agreement.

(f) No employee shall lose any existing entitlement to earnings for working ordinary hours of work as a result of the implementation of an enterprise agreement, provided that employers and employees may agree on terms and conditions in the aggregate no less favourable to the employees than those prescribed by the award for working ordinary hours of work.

(3) Any agreement to vary the award shall be processed in accordance with Section 40 of the Industrial Relations Act, 1979 and shall be subject to approval by the Western Australian Industrial Relations Commission. If approved it shall operate as a Schedule to this award and take precedence over any inconsistency.

40. - DELETED

PART II

41. - LONG SERVICE LEAVE

(1) The conditions contained in the document Long Service Leave Conditions - State Government Wages Employees as consolidated by the Public Service Board in May, 1974 shall apply to workers covered by this Award with the exception that on and from the 1st day of January, 1979 long service leave for the second and subsequent period of service shall accrue at the rate of thirteen weeks' leave for seven years continuous service.

(2) Any qualifying service prior to 1st January, 1979 for the second period of long service leave, shall be calculated on a ten year qualifying period basis but all qualifying service after 1st January, 1979 shall be calculated on a seven year qualifying period basis.

42. - SICK LEAVE

(1) (a) A worker, other than a casual worker, shall be entitled to payment for non-attendance on the ground of personal ill health for one-sixth of a week for each completed month of service. Provided that subject to paragraph (b) of this sub clause payment for absence through such ill-health shall be limited to two weeks in each calendar year. Payment hereunder may be adjusted at the end of each calendar year or at the time the worker leaves the service of the employer, in the event of the worker being entitled by service subsequent to the sickness to a greater allowance than that made at the time the sickness occurred.

(b) Sick leave shall accumulate from year to year so that any balance of the period specified in paragraph (a) of this sub-clause which has in any year, not been allowed to any worker by his employer as paid sick leave may be claimed by the worker and, subject to the conditions herein prescribed, shall be allowed by his employer in any subsequent year without diminution of the sick leave prescribed in respect of that year.

(2) (a) No leave on account of illness or injury shall be granted with pay if the illness or injury has been caused by the workers own fault, neglect or misconduct.

(b) No worker shall be entitled to the benefit of this clause unless he produces proof to the satisfaction of the employer or his representative of such sickness provided that the employer shall not be entitled to a medical certificate for absences of less than three consecutive working days unless the total of such absences exceeds five days in any one accruing year.

(c) Any worker necessarily absenting himself from duty through sickness shall send immediately, notice to his officer in charge and at once apply for sick leave.

(d) This clause shall not apply where the worker is entitled to compensation under the Workers' Compensation Act 1912-1973.

(e) Where a worker is sick or has suffered injury during his annual leave and produces a certificate from a legally qualified medical practitioner that such sickness or injury necessitated confinement to home or hospital for seven continuous days or more, then the period covered by the certificate shall be considered to be sick leave subject to the provisions of this clause. Provided further, the worker concerned has sick leave credits available and the portion of annual leave coinciding with the paid sick leave shall be taken at a time convenient to the employer.

(f) A rostered worker, proceeding on sick leave, shall be paid the shift and weekend penalties he would have received had he not proceeded on sick leave.

43. - DISPUTE SETTLEMENT PROCEDURE

(1) Preamble

(1) (a) This subclause is inserted into the award/industrial agreement as a result of legislation which came into effect on 16 January 1996 (Industrial Relations Legislation Amendment and Repeal Act 1995) and further varied by legislation which came into effect on 23 May 1997 (Labour Relations Legislation Amendment Act 1997).

(b) Any question dispute or difficulty arising under this award shall be subject to the procedures set out herein.

(c) No bans, stoppages or limitations should be imposed prior to, or during, the time this procedure is being followed.

(d) Any settlement reached which is contrary to the terms of this award shall not have effect unless or until that conflict is resolved.

(e) This clause in no way limits the rights of employers, employees and the Union under the Occupational Health, Safety and Welfare Act 1984 or other related legislation.

(2) Procedure

Where the matter is raised by an employee, or a group of employees, the following steps shall be observed:

(a) The employee(s) concerned shall discuss the matter with the immediate supervisors. If the matter cannot be resolved at this level, the supervisor shall, within two working days, refer the matter to a more senior officer nominated by the employer, and the employee(s) shall be advised accordingly.

(b) The senior officer shall, if able, answer the matter raised within five working days of it being referred and, if the senior officer is not so able, refer the mater to the employer for his/her attention, and the employee(s) shall be advised accordingly.

(c) (i) If the matter has been referred in accordance with paragraph (b) above, the employee(s) or the job representative shall notify the Union Secretary or nominee to enable the opportunity of discussing the matter with the employer.

(ii) The employer shall, as soon as practicable after considering the matter before it, advise the employee(s) or, where necessary, the Union of its decision, provided that such advice shall be given within 21 calendar days of the matter being referred to the employer.

(d) Nothing in this procedure shall preclude the parties reaching agreement to shorten or extend the period specified in paragraphs (a), (b) or (c)(ii) of this subclause.

(e) Observance of these procedures shall in no way prejudice the right of any party in dispute to refer the matter for resolution in the Western Australian Industrial Relations Commission at any time provided that with effect from 22 November 1997 it is required that persons involved in the question, dispute or difficulty shall confer among themselves and make reasonable attempts to resolve questions, disputes or difficulties before taking those matters to the Commission.

APPENDIX - RESOLUTION OF DISPUTES REQUIREMENT

(1) This Appendix is inserted into the award/industrial agreement as a result of legislation which came into effect on 16 January 1996 (Industrial Relations Legislation Amendment and Repeal Act 1995) and further varied by legislation which came into effect on 23 May 1997 (Labour Relations Legislation Amendment Act 1997).

(2) Subject to this appendix, and in addition to any current arrangements the following procedures shall apply in connection with questions, disputes or difficulties arising under this award/industrial agreement.

(a) The persons directly involved, or representatives of person/s directly involved, shall discuss the question, dispute or difficulty as soon as is practicable.

(b) (i) If these discussions do not result in a settlement, the question, dispute or difficulty shall be referred to senior management for further discussion.

(ii) Discussions at this level will take place as soon as practicable.

(3) The terms of any agreed settlement should be jointly recorded.

(4) Any settlement reached which is contrary to the terms of this award/industrial agreement shall not have effect unless and until that conflict is resolved to allow for it.

(5) Nothing in this appendix shall be read so as to exclude an organisation party to or bound by the award/industrial agreement from representing its members.

(6) Any question, dispute or difficulty not settled may be referred to the Western Australian Industrial Relations Commission provided that with effect from 22 November 1997 it is required that persons involved in the question, dispute or difficulty shall confer among themselves and make reasonable attempts to resolve questions, disputes or difficulties before taking those matters to the Commission.

APPENDIX - ROSTERING PROVISIONS

1. The parties are committed to a review of the present rostering arrangements as part of the 4% second tier agreement.

2. Further to the above, and acknowledging provisions of the existing Hours and Rostering clause of this award, the parties agree to examine variations to existing rostering arrangements. These new arrangements will be designed to improve productivity and efficiency in the workplace and enhance patience care.

3. The arrangements to be considered shall include:

(a) actual hours of 38 hours per week or 76 hours per fortnight.

(b) a four week cycle of 19 days of eight hours each with 0.4 of one hour each day worked accruing as an entitlement to take the 20th day in each cycle as a day off and paid for as though worked.

(c) actual hours of 76 hours over nine days per fortnight with the 10th day to be taken as an unpaid rostered day off.

(d) actual hours of 40 per week or 80 per fortnight with two hours of each week's work accruing as an entitlement to a maximum of 12 days off in each 12 month period.

(e) any other method as agreed between the employer and the union.

4. The employer shall notify employees of any proposed roster changes no less than 30 days prior to the proposed date of implementation.

5. The proposed roster variations for each site or subsite shall be explained to the employees concerned at the time of notification of change.

The affected parties (i.e. site management and employees) will then consult with each other with a view to agreeing to the proposed roster.

6. Where agreement cannot be reached, the issues may be referred to the Western Australian Industrial Relations Commission for conciliation and, if necessary, arbitration.

7. The provisions of this appendix shall not apply to rostering clauses contained within the Hours and Rostering clause of the award.

8. Where a dispute is not notified to the Western Australian Industrial Relations Commission within the 30 day notice period outlined in Clause 5, the roster may be implemented.

SCHEDULE A

Notwithstanding the general provisions of Clause 29. - Wages of this award, but subject to subclauses (3) and (4) thereof regarding the offset of an arbitrated safety net adjustment, the following annual salaries shall apply in lieu thereof to the positions described herein:

Base Rate Per Annum $

Arbitrated Safety Net Adjustment $

Total Rate Per Annum$

Directors of Nursing - Level 5

Grade 1

Esperance Community Nursing Home

46125 23908 70033

Grade 2

Dean LodgeMcDougall Park Nursing HomeRockingham Nursing Home

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