[2013] FWCA 6642 · Federation Enterprise Agreement 2013. [1] An application has been made for...

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1 Fair Work Act 2009 s.185—Enterprise agreement Aspen Medical Pty Limited (AG2013/2654) ASPEN MEDICAL AND AUSTRALIAN NURSING & MIDWIFERY FEDERATION ENTERPRISE AGREEMENT 2013 Health and welfare services COMMISSIONER DEEGAN CANBERRA, 5 SEPTEMBER 2013 Application for approval of the Aspen Medical and Australian Nursing & Midwifery Federation Enterprise Agreement 2013. [1] An application has been made for approval of an enterprise agreement known as the Aspen Medical and Australian Nursing & Midwifery Federation Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Aspen Medical Pty Limited. The Agreement is a single-enterprise agreement. [2] 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. [3] 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 the organisations. [4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 September 2013. The nominal expiry date of the Agreement is 4 November 2016. Printed by authority of the Commonwealth Government Printer <Price code A, AE403797 PR541355> [2013] FWCA 6642 DECISION

Transcript of [2013] FWCA 6642 · Federation Enterprise Agreement 2013. [1] An application has been made for...

Page 1: [2013] FWCA 6642 · Federation Enterprise Agreement 2013. [1] An application has been made for approval of an enterprise agreement known as the Aspen Medical and Australian Nursing

1

Fair Work Act 2009 s.185—Enterprise agreement

Aspen Medical Pty Limited(AG2013/2654)

ASPEN MEDICAL AND AUSTRALIAN NURSING & MIDWIFERY FEDERATION ENTERPRISE AGREEMENT 2013

Health and welfare services

COMMISSIONER DEEGAN CANBERRA, 5 SEPTEMBER 2013

Application for approval of the Aspen Medical and Australian Nursing & Midwifery Federation Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Aspen Medical and Australian Nursing & Midwifery Federation Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Aspen Medical Pty Limited. The Agreement is a single-enterprise agreement.

[2] 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.

[3] 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 the organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 September 2013. The nominal expiry date of the Agreement is 4 November 2016.

Printed by authority of the Commonwealth Government Printer

<Price code A, AE403797 PR541355>

[2013] FWCA 6642

DECISION

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aspen medica I

Aspen Medical

and

Australian Nursing & Midwiferf Federation

Enterprise Agreement 2013

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Table of Contents

Part 1-Application and Operation .................................................................................... 1

1. Title ....................................................................... .. ................................................. 1

2. Date and period of operation .................................................................................... 1

3. Definitions and interpretation ................................................... .. ............................... 1

4. Application of Agreement ............. .. ................................ ......... .......... ............... .. ....... 1

5. Access to the enterprise agreement ......................................................................... 2

6. The National Employment Standards and Savings Clause ....................................... 2

7. Individual flexibility arrangements ............................................................................. 2

Part 2- Consultation and Dispute Resolution ................................................................... 4

8. Consultation regarding major workplace change ..................................................... .4

9. Dispute resolution ........................ ......................................................... ................. ... 5

Part 3- Types of Employment and Termination of Employment ..................................... 7

1 0. Types of employment ........................................................................................ ....... 7

11 . Termination of employment ........................................................... ..... ...................... 8

12. Redundancy ................. ........................................................................... .............. ... 9

13. Disciplinary Procedure ............................................................................................ 11

Part 4-Wages and Related Matters ................................................................................. 12

14. Classifications .............. .. .................................................... ....................... ... ........... 12

15. Wages ................................................................................................ .................... 12

16. Other Allowances .............................................................. ........... ...................... .. ... 13

17. Payment of wages ................................... ........ .. ............... .. ......... .......... .. .. ..... .. ...... 14

18. Superannuation .. .. ... ............................... ....................................................... .. ....... 15

Part~ Hours of Work and Related Matters .................................................................... 18

19. Ordinary hours of work .. ......................................................................................... 18

20. Span of hours ................... ...................................... ......... ....................... ......... ....... 18

21 . Rest breaks between rostered work ................ ................... ..................................... 18

22. Rostering ............................... ................................................................................. 18

23. 12 hour shifts ............................................................. : .. ....................... ................... 19

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24. Saturday and Sunday work ..................................................................................... 20

25. Breaks ..................... ............................................................................................... 20

26. Overtime ...................................... ........................................................................... 21

27. Shiftwork ................................................................................................................. 22

28. Higher duties ................. ......................................................................................... 23

29. Shift Co-ordinator ................................................ .................................................... 23

30. Military Area Attendance Requirement- Puckapunyal Health Centre only ............. 24

Part 6-- Leave and Public Holidays .................................................................................. 26

31. Long Service Leave ................................................................................................ 26

32. Annualleave ........................................................................... ................................ 26

33. Public holidays ........................................................................................................ 28

34. Paid personal/carers leave ..................................................................................... 29

35. Unpaid carer's leave ............................................................... ..................... ........... 31

36. Compassionate leave ............................................................................................. 31

37. Ceremonialleave ......................................................................................... .. ......... 32

38. Community service leave .......... .............................................................................. 32

39. Blood Donor leave .................................................................................................. 33

40. Paid parentalleave ............... .................................................. ................................ 33

41. Leave to attend trade union courses, seminars ....................... ................................ 33

42. Professional Development Leave ................................................................... .. ...... 34

43. Mandatory Training and Education ......................................................................... 34

Schedule A- Wage Rates and Allowances

Schedule 8- Classification Definitions

Schedule C- Long Service Leave

Schedule 0 - List of eligible shift working DOHS worksites

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Part 1-Application and Operation

1. Title

This enterprise agreement shall be known as the Aspen Medical and Australian Nursing & Midwifery Federation Enterprise Agreement 2013

2. Date and period of operation

This enterprise agreement shall come into operation on the seventh day after the enterprise agreement is approved by Fair Work Commission and shall remain in force until 04 November 2016 and thereafter in accordance with the Fair Worl<' Act 2009.

3. Definitions and interpretation

3.1 In this enterprise agreement, unless the contrary intention appears:

Act means the Fair Worlc Act 2009 (Cth)

DOHS worlcsite means any workplace where the employer is contracted to provide On-base Health Services at Australian Defence Force facilities located in each State and Territory

employee means national system employee within the meaning of the Act

employer means national system employer within the meaning of the Act

NES means the National Employment Standards as contained in sections 59 to 131 of the Fair Worl<' Act 2009 (Cth)

ordinary base rate means standard base rate of pay for the applicable classification

parties means Aspen Medical Pty Ltd as the employer and Australian Nursing & Midwifery Federation as a Bargaining Representative for the employees

3.2 Where this enterprise agreement refers to a condition of employment provided for in the NES, the NES definition applies.

4. Application of Agreement

This enterprise agreement applies to:

(a) Aspen Medical Pty Ltd with regard to its operations to provide On-base Health Services at Australian Defence Force facilities located in each State and Territory.

(b) employees of Aspen Medical Pty Ltd whose employment is covered by the Nurses Award 2010.

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5. Access to the enterprise agreement

The employer shall ensure that a copy of this enterprise agreement is available to all employees to whom it applies either on a noticeboard which is conveniently located at or near the workplace or through electronic means, whichever makes it more accessible.

6. The National Employment Standards and Savings Clause

6.1 Entitlements regarding annual leave, personal/carer's leave, compassionate leave and parental leave are set out in the NES in the Act. Where this enterprise agreement also has provisions regarding annual leave, personal leave/carer's leave and/or parental leave and the provisions In the NES set out in the Act are more favourable to an employee In a particular respect than those provisions, then the NES will prevail in that respect and the provisions dealing with that matter in this enterprise agreement will have no effect in respect of that employee. The provisions in this enterprise agreement otherwise apply.

6.2 No Employee shall suffer an overall reduction in their respective base wage as a result of the implementation of this Agreement.

6.3 No Further Claims

It is a condition of this Agreement that the parties will not pursue any extra claims for the life of this Agreement.

7. Individual flexibility arrangements

7.1 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 1 or more of the following matters:

(i) arrangements about when work is performed;

(ii) overtime rates;

(iii) penalty rates;

(iv) allowances; and

(v) leave loading;

(b) the arrangement meets the genuine needs of the employer and employee in relation to 1 or more of the matters mentioned in paragraph (a); and

(c) the arrangement is genuinely agreed to by the employer and employee.

7.2 The employer must ensure that the terms of the individual ftexibility 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

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(c) result in the employee being better off overall than the employee would be if no arrangement was made.

7.3 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

(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.

7.4 The employer must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.

7.5 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.

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Part 2-Consultation and Dispute Resolution

8. Consultation regarding major workplace change

8.1 This provision applies if:

(a) the employer has made a definite decision to introduce a major change to production, program, organisation, structure, or technology in relation to its enterprise; and

{b) the change is likely to have a significant effect on employees of the enterprise.

8.2 The employer must notify the relevant affected employees of the decision to introduce the major change.

8.3 The relevant employees may appoint a representative for the purposes of the procedures in this term.

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.

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 iikeiy 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

(iii) any other matters likely to affect the employees.

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

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

8.8 In this provision, 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.

8.9 In this provision, relevant employees means the employees who may be affected by the major change.

9. Dispute resolution

9.1 If a dispute relates to:

(a) a matter arising under the enterprise agreement; or

(b) the National Employment Standards (including a matter under sections 65(5) or 76(4) of the Act)

this provision sets out procedures to settle the dispute.

9.2 An employee who is a party to the dispute may appoint a representative for the purposes of the procedures in this provision.

9.3 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.

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

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

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

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(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.

9.6 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) where there is a reasonable concern about an imminent risk to his or her health or safety 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) that work is not safe; or

(ii) applicable occupational 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.

9.7 The parties to the dispute agree to be bound by a decision made by Fair Work Commission in accordance with this term.

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Part 3-Types of Employment and Termination of Employment

1 0. Types of employment

10.1 Employment categories

Employees under this enterprise agreement will be employed in one of the following categories:

(a) full-time;

(b) part-time; or

(c) casual.

At the time of engagement an employer will inform each employee whether they are employed on a full-time, part-time or casual basis. An employer may direct an employee to carry out such duties that are within the limits of the employee's skill, competence and training, consistent with the respective classification.

The minimum payment for a shift for any employee will be two hours.

10.2 Full-time employment

A full-time employee is one who is engaged to work 38 hours per week or an average of 38 hours per week pursuant to clause 20 - Ordinary hours of work of this enterprise agreement.

10.3 Part-time employment

(a) A part-time employee is an employee who is engaged to work less than an average of 38 ordinary hours per week and whose hours of work are reasonably predictable.

(b) Before commencing part-time employment, the employer and employee will agree in writing the guaranteed minimum number of hours to be worked and the rostering arrangements which will apply to those hours.

(c) The terms of the agreement may be varied by agreement and recorded in writing.

(d) The terms of this enterprise agreement will apply on a pro rata basis to part-time employees on the basis that the ordinary weekly hours for full­time employees are 38.

10.4 Casual employment

(a) A casual employee is an employee engaged as such on an hourly basis.

(b) A casual employee will be paid an hourly rate equal to 1/38th of the weekly rate appropriate to the employee's classification plus a casual loading of 25%.

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(c) A casual employee will be paid shift allowances calculated on the ordinary rate of pay excluding the casual loading with the casual loading component then added to the penalty rate of pay.

10.5 Permanent increase In part time hours or casual conversion

(a) Where an applicable vacancy for a full time or part time position exists at a DOHS worksite:

(i) a part time employee may apply for a permanent increase in their part time hours in line with the applicable vacancy before it is externally advertised; or

(ii) a casual employee who has been engaged on a regular and systematic basis for an on-going period of six months or more at that DOHS worksite, will be offered an opportunity to apply for that vacant position before it is externally advertised (provided that the rostering pattern has not resulted from coverage for absences such as annual leave, maternity leave, long service leave, workers compensation leave, extended sick leave or seasonal employment factors).

11. Termination ofemployment

11.1 Notice of tennination by the employer

(a) In order to terminate the employment of an employee, the employer shall give to the employee four (4) weeks' notice, if the employee is no longer in the probation period of their employment This requirement may be waived by written mutual agreement between the employer and the employee.

(b) In addition to the notice in (a) hereof, employees over 45 years of age at the time of the giving of the notice with not less than two years' continuous service, shall be entitled to an additional week's notice.

(c) Payment in lieu of the notice prescribed in (a) and/or (b) hereof shall be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.

(d) The required amount of payment in lieu of notice must equal or exceed the total of all amounts that, if the employee's employment had continued until the end of the required period of notice, the employer would have become liable to pay to the employee because of the employment continuing during that period. That total must be calculated on the basis of:

(i) the employee's ordinary hours of work (even if not standard hours); and

(ii) the amounts ordinarily payable to the employee in respect of those hours, including (for example) allowances, loading and penalties; and

(iii) any other amounts payable under the employee's contract of employment.

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(e) The period of notice in this clause does not apply:

(i) in the case of dismissal for serious misconduct;

(ii) to employees engaged for a specific period of time or for a specific task or tasks;

(iii) to casual employees.

(f) For the purposes of this clause, continuity of service shall be calculated consistent with section 22 of the Act.

11.2 Notice oftennlnation by the employee

(a) The notice of termination required to be given by an employee shall be the same as that required of an employer in clause 11.1 above. save and except that there shall be no additional notice based on the age of the employee concerned.

(b) Notwithstanding the general requirement for four weeks' notice, in circumstances where the employee has accepted an offer of other employment which is dependent on a starting date within the four weeks the employer will give special consideration to accepting a lesser period of notice, provided the request is in writing, a copy ofthe new offer of employment confirming the start date is produced and it is not less than two weeks. The decision to accept or refuse the lesser notice period is at the employer's discretion and will be based on the operational requirements of the DOHS worksite.

(c) Subject to financial obligations imposed on the employer by an Act, if an employee fails to give notice the employer shall have the right to withhold monies due to the employee with a maximum amount equal to the ordinary base rate of pay for the period of notice.

11.3 Time off work during notice period

Where an employer has given notice of termination to an employee, an employee shall be allowed up to one day's time off without loss of pay for the purpose of seeking other employment. The time off shall be taken at times that are convenient to the employee after consultation with the employer.

12. Redundancy

12.1 Entitlement to redundancy pay

An employee is entitled to be paid redundancy pay by the employer if the employee's employment is terminated at the employer's initiative because the employer no longer requires the job done by the employee to be done by anyone, except where this is due to the ordinary and customary turnover of labour.

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12.2 Amount of redundancy pay

The amount of the redundancy pay equals the total amount payable to the employee fur the redundancy pay period worked out using the following table at the employee's ordinary base rate of pay for their ordinary hours of work:

Period of continuous service Redundancy pay

Less than 1 year Nil

1 year and less than 2 years 4 weeks' pay

2 years and less than 3 years 6weeks' pay

3 years and Jess than 4 years 7 weeks' pay

4 years and less than 5 years a weeks' pay

5 years and Jess than 6 years 1 0 weeks' pay

6 years and less than 7 years 11 weeks' pay

7 years and less than 8 years 13 weeks' pay

8 years and less than 9 years 14 weeks' pay

9 years and Jess than 1 0 years 16 weeks' pay

1 0 years and over 12 weeks' pay

12.3 Transfer to lower paid duties

Where an employee is transferred to lower paid duties for reasons set out in 12.1 the employee shall be entitled to the same period of notice of transfer as she/he would be entitled to if her/his employment had been terminated, and the employer may at the employer's option, make payment in lieu thereof of an amount equal to the difference between the former ordinary base rate of pay and the new lower ordinary base rate for the number of weeks' notice still owing.

12.4 Employee leaving during notice period

An employee whose employment is terminated for reasons set out in 12.1 may terminate her/his employment during the period of notice and, if so, shall be entitled to the same benefits and payments under this clause had she/he remained with the employer until the expiry of such notice. In such circumstances, the employee shall not be entitled to payment in lieu of notice.

12.5 Alternative employment

Where the employer offers the employee acceptable alternative employment no severance payment is payable. Acceptable alternative employment means employment in the same discipline, without loss of income, within reasonable proximity of the employee's horne and without imposition of a qualifying or probationary period.

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12.6 Time off period of notice

(a) During the period of notice of termination given by the employer 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. This clause excludes and is not in addition to the entitlement provided under clause 11 .3.

(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 the employer, produce proof of attendance at an interview or she/he shall not receive payment for the time absent.

(c) For this purpose a statutory declaration will be sufficient.

13. Disciplinary Procedure

13.1 Where disciplinary action may be necessary, the management representative shall notify the employee of the issues in writing and the employee will be given an opportunity to respond to these issues. In the event that the employee's response is unsatisfactory, a first warning in writing may be issued. This warning will be recorded on the employee's personnel file.

13.2 If the problem continues, the employee will again be notified in writing of the matter and a response requested from the employee. If appropriate, a second warning in writing will be given to the employee and recorded on the employee's personnel file.

13.3 In the event that the problem continues, the employee will again be notified in writing of the matter and a response requested. If appropriate, a final written warning will be issued to the employee and recorded on the employee's personnel file.

13.4 In the event of the matter recurring, then the employee may be terminated after the matters have been investigated and reasons sought from the employee.

13.6 Summary dismissal of an employee may still occur for acts or omissions of 'serious misconduct' (as defined in the Fair Work Act 2009 (Cth)}.

13.6 Where an allegation of 'serious misconduct' is proven on balance and the employer, having considered all the circumstances, does not wish to terminate the employee's employment, a first and final warning may be issued under paragraph 13.3 of this provision at the complete discretion of the Employer.

13.7 During all steps in the Disciplinary Procedure, the employee has the right to representation of his or her choice, including an official of the relevant branch of the ANF (however titled). The employer may be represented by the representative of their choice.

13.8 Records relating to disciplinary procedures will be disregarded where a continuous period of 12 months elapses without further warning/s.

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Part 4-Wages and Related Matters

14. Classifications

Classification definitions are set out in Schedule B - Wage Rates and Allowances

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- Classification Definitions

The employer must advise its employee in writing of their classification upon commencement and of any subsequent changes to their classification.

15. Wages

15.1 Wage rates

The wage rates for the DOHS regions are attached at Schedule A -Wage Rates and Allowances:

•:• Central & West- comprising of Western Australia 0NA), South Australia (SA) and Northern Territory (NT);

•!• Victoria (VIC) and Tasmania (TAS); •:• Northern New South Wales (NNSW); •:• Southern New South Wales (SNSW) comprising of the Australian Capital

Territory (ACT) and Wagga Region CNAGGA); and •!• Queensland comprising of North Old (NTH QLD) and South Qld (STH OLD).

The current hourly rates of pay specified in Schedule A are inclusive of the laundry allowance and leave loading which are rolled in to the hourly rate from the commencement of the agreement and will no longer be payable as separate entitlements. The wage rates are effective from the date this Agreement is approved by the Fair Work Commission.

15.2 Wage Increases

The wage rates in Schedule A shall be increased as follows over the life of the Agreement:

(a) By 2.8 per cent from the first full pay period on or after 5 November 2013;

(b) By a further 2.8 per cent from the first full pay period on or after 5 November 2014;

(c) By a further 2.8 per cent from the first full pay period on or after 5 November 2015;

(d) By a further 2.8 per cent from the first full pay period on or after 5 November 2016;

(e) Allowances that are not determined as a percentage of a wage rate under this Agreement shall be increased in accordance with clause 15.2(b)-(e) inclusive.

(f) So long as an employee is subject to this Agreement, the basic periodic rate of pay that is payable to the employee will not be less than the basic rate of pay which would have been applicable to the employee under the National Employment Standards under the Fair Work Act had the employee not been subject to an Award or this Agreement.

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16. Other Allowances

16.1 Adjustment of expense related allowances

(a) At the time of any adjustment to the standard rate, each expense related allowance will be increased by the relevant adjustment factor. The relevant adjustment factor for this purpose is the percentage movement in the appliCable index figure most recently published by the Australian Bureau of Statistics since the allowance was last adjusted.

(b) The applicable index figure is the index figure published by the Australian Bureau of Statistics for the Eight Capitals Consumer Price Index (Cat No. 6401 .0}, as follows:

Allowance

Meal allowance

Applicable Consumer Price Index figure

Take-away and fast foods sub-group

Clothing and equipment allowance Clothing and footwear group

Vehicle allowance Private motoring sub-group

16.2 Clothing and equipment

(a) Where the employer requires the employees to wear uniforms, employees will be supplied with an adequate number of uniforms appropriate to the occupation free of cost to employees. Such items are to remain the property of the employer and be laundered and maintained by the employee.

(b) The uniform allowance will not be payable for the life of the agreement where uniform is required to be worn.

16.3 Meal allowances

(a) An employee will be supplied with an adequate meat where an employer has adequate cooking and dining facilities or be paid a meal allowance of $11.06 in addition to any overtime payment as follows:

(i} when required to work after the usual finishing hour of work beyond one hour or, in the case of shiftworkers, when the approved overtime worked on any shift is two hours or more.

(ii) provided that where such overtime work exceeds four hours a further meat allowance of $9.96 will be paid.

(b) Clause 16.3(a) will not apply when an employee could reasonably return home for a meat within the meal break.

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(c) The meal allowance will be paid in the applicable fortnightly pay in which the overtime was worked.

16.4 On call allowances

An on call allowance is paid to an employee who is required by the employer to be on call at their private residence, or at any other mutually agreed place. The employee is entitled to receive the following amount for each 24 hour period or part thereof:

(a) Registered Nurse - $55.00

(b) Endorsed Enrolled Nurse - $40.00

(c) Enrolled Nurse -$36.00

16.5 Travelling, transport and fares

(a) An employee required and authorised to use their own motor vehicle in the course of their duties will be paid an allowance in accordance with the A TO mileage allowance for a vehicle's engine size of 1601cc- 2600cc.

(b) When an employee is involved in travelling on duty, if the employer cannot provide the appropriate transport, all reasonably incurred expenses in respect to fares, meals and accommodation will be met by the employer on production of receipted account(s) or other evidence acceptable to the employer.

(c) Provided further that the employee will not be entitled to reimbursement for expenses referred to in clause 16.5(a) which exceed the mode of transport, meals or the standard of accommodation agreed with the employer for these purposes.

17. Payment of wages

17.1 Wages must be paid fortnightly unless otherwise mutually agreed up to a monthly maximum period.

17.2 Employees will be paid by cash, cheque or electronic funds transfer, as determined by the employer, into the bank or financial institution account nominated by the employee. ·

17.3 When notice of termination of employment has been given by an employee or an employee's services have been terminated by the employer, payment of all wages and other monies owing to an employee will be made to the employee on the pay day following the employee's last wori<ing day.

18. Superannuation

18.1 The subject of superannuation is dealt with extensively by legislation including the Superannuation Guarantee (Administration) Act 1992, the Superannuation Guarantee Charge Act 1992, the Superannuation Industry (Supervision) Act 1993 and the Superannuation (Resolution of Complaints) Act 1993. This legislation, as

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varied from time to time, governs the superannuation rights and obligations of the parties, except insofar as those obligations are modified by clause 18.6.

18.2 The employer shall make occupational superannuation contributions to the Fund. 'The Fund' for the purpose of this Agreement shall mean:

(a) Health Employees Superannuation Trust of Australia ('HESTA') established and governed by a trust deed 23 July 1987, as may be amended from time to time, and includes any superannuation scheme which may be made in succession thereto; or

(b) Any other complying fund upon a request from the employee and with the consent of the employer.

18.3 The employer may participate in accordance with the trust fund deeds. The employer may make application to the Fund to become a participating employer in the Fund and shall become a participating employer upon acceptance by the Trustee of the Fund.

18.4 Upon commencement of employment, the employer shall provide each employee with membership forms for the Fund at 18.2(a) above. The employee is free to nominate their own Choice of Fund however; in the event that the employee has not nominated their Choice of Fund by the first pay period in which the employee commences, the employer shall forward contributions and employee details to HESTA and the employee will be required to forward their completed membership form to that fund.

18.6 ·Each employee shall be eligible to receive contributions from the date of eligibility, notwithstanding the date the membership application prescribed in 18.4 was forwarded to the Fund.

18.6 The employer will contribute to the Fund, on behalf of each employee, the applicable percentage as required by legislation of ordinary time earnings. The employer may elect to continue to contribute on behalf of an employee after that employee has reached the statutory age limit.

18.7 For the purpose of clause this 18 'Ordinary time earnings' are currently defined by the legislation and includes allowances for ordinary hours of work. Such allowances include those such as shift, qualification and leader allowances. However, they do not include those that arise during overtime (such as meal allowance) other than in circumstances required by legislation and will not include allowances paid with the expectation that they will be spent in the course of employment (such as travel allowances, laundry and uniform). In respect to what constitutes 'ordinary hours', Superannuation Guarantee Contributions of the applicable percentage as required by legislation will be paid in respect to each hour worked which is paid at ordinary time (including all hours which are additional to contracted hours). The parties acknowledge that the legislative definition of 'ordinary time earnings' may vary and, in that event, the legislative definition shall apply.

18.8 Where an employer makes an application for an exemption from monthly payments to the Fund, the employees shall be notified in writing prior to the application being made. Upon request from an employee, the employer must provide a copy of the remittance receipt from the Fund showing the contributions made on the employee's behalf or make It available for inspection, save that the employee shall be entitled to take a copy. The employer shall contribute all superannuation contributions in

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accordance with the Trust Deed, save that late payment for reasons beyond the control of the employer and non-allocation by the Fund shall not constitute a breach of this Agreement.

18.9 Any dispute regarding superannuation contributions, including but not limited to the frequency of contribution shall be addressed under the Dispute Resolution Procedure of this Agreement.

18.10 Voluntary Contributions

Where an employee wishes to make voluntary contributions to the Fund, the employee may authorise the employer to deduct from the employee's wages an amount or percentage specified by the employee. Voluntary contributions deducted under this provision will be forwarded to the Fund by the employer at the same time as the employer's contributions. Where the employer receives written authorisation from an employee, it must commence making payments into the Fund on behalf of the employee within fourteen days of receiving the authorisation.

An employee may vary his or her additional contributions by a written authorisation and the employer must alter the additional contributions within one month of receiving the authorisation. An employee may only vary his or her additional contributions per quarter.

18.11 Salary Sacrifice

An employee may make an agreement with the employer for salary sacrifice.

(a) The employee must specify an amount or a percentage of ordinary time earnings by which his or her salary is to be reduced ("the salary sacrifice").

(b) The salary sacrifice will be deducted from the employee's salary and contributed by the employer to the Fund each month.

(c) The employer will continue to calculate the contributions required by clause 18.2 above and the Superannuation Guarantee (Administration) Act 1992 on the basis of the employee's ordinary time earnings before the salary sacrifice is deducted.

(d) Salary sacrifice deductions will be made during a period of paid leave and the employee will receive the rate of pay specified under this agreement less the salary sacrifice deduction.

(e) Calculation of salary for the purpose of leave accruals and other payments due on termination of employment shall be calculated on a rate of pay which includes the salary sacrifice contributions.

(f) The employee may revoke the salary sacrifice agreement or alter the amount to be deducted on no more than two occasions in each calendar year.

18.12 The name of the Fund and the amount of any contributions remitted to the fund, whether superannuation guarantee contributions, salary sacrifice contributions or voluntary contributions must be included in pay slips provided by the employer to each employee.

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Part 5-Hours of Work and Related Matters

19. Ordinary hours of work

(a) The ordinary hours of work for a full-time employee will be 38 hours per week, 76 hours per fortnight or 152 hours over 28 days.

(b) The shift length or ordinary hours of work per day will be a maximum of 10 hours exclusive of meal breaks. Where there is a local area agreement to adopt a 12 hour shift arrangement in accordance with clause 23, then the maximum ordinary hours may be 12.

(c) Each employee must be free from duty for not less than two full days In each week or four full days in each fortnight or eight full days in each 28-day cycle. Where practicable, such days off must be consecutive, unless otherwise mutually agreed.

(d) The hours of work on any day will be continuous except for meal breaks.

20. Span of hours

20.1 The ordinary hours of work for a day worker will be between 6.00 am and 6.00 pm Monday to Friday.

20.2 Excluding the definition of a shiftworker for the purposes of clause 32.1 (b) of this Agreement, a shiftworker is an employee who is regularly rostered to work their ordinary hours of work outside the ordinary hours of work of a day worker as defined in clause 20.1 .

21. Rest breaks between rostered work

An employee will be allowed a rest break of eight hours between the completion of one ordinary work period or shift and the commencement of another ordinary work period or shift.

22. Rostering

22.1 Employees will work in accordance with a roster fixed by the employer or the ADF and posted to employees in the rostering system or on site at least 14 days before the commencement of the roster period.

22.2 The roster will, as far as practicable, take into account:

(a) The need for an adequate mix of skill and experience

(b) The request for preferences of staff

(c) Balance shifts equitably between staff; and

{d) Health and safety considerations, especially in relation to shifts rostered after afternoon or night shift

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22.3 The roster will set out employees' daily ordinary working hours and starting and finishing times and will be displayed in a place conveniently accessible to employees at least fourteen days before the commencement of the roster period.

22.4 Changes to the published roster are to be requested and made in line with the employer's relevant policy as varied from time to time.

22.5 Where there is an urgent need to change the published rosters, in the first instance replacement shifts will be called for on a voluntary basis. Only if there are no volunteers for the vacant shifts will employees be directed to change their roster or perform additional shifts.

23. 12 hour shifts

23.1 The following provisions shall apply only to where a 12 hour shift systems is applicable at a particular DOHS worksite:

(a) Participation in a 12 hour shift system shall be voluntary. Alternative shift provisions must remain available for employees who do not agree to participate in a 12 hour shift system.

(b) The ordinary hours of work for each employee shall be balanced over a three month period.

(c) The day shift may have a span of up to 12.5 hours and shall include one thirty minute unpaid meal break (and three 1 0 minute tea breaks, one in each four hours worked).

(d) The night shift may have a span of up to 12.5 hours and shall include one thirty minute paid meal break (and three 10 minute tea breaks, one in each four hours worked).

(e) The maximum number of consecutive shifts shall be three. Except that an employee may be rostered for four consecutive shifts once in each six week cycle at the request of the employee.

(f) The minimum break between shifts shall be 11.5 hours.

(g) Rosters should reflect an equitable distribution of day, night and weekend shifts among employees participating in the 12 hour shift system. No more than 50% of shifts in the roster cycle should be night shift unless otherwise agreed between the employee and the employer.

(h) No overtime shall be worked in conjunction with a 12 hour shift.

(i) An individual employee shall have the right to withdraw from the 12 hour shift system. An employee wishing to withdraw from the 12 hour shift system shall provide a period of notice equivalent to the roster period. In the case of demonstrated pressing necessity, a minimum of two weeks' notice shall be required, or such lesser period of time as may be agreed to by the Employer.

(j) Where a 12 hour shift system is in place management shall be entitled to consider whether continuation of the system in that ward, unit or

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operational area remains appropriate. Where management determines after consultation with affected employees to cease a 12 hour shift system, a period of notice equivalent to the roster period of the intended cessation shall be given to employees.

24. Saturday and Sunday work

24.1 Where an employee is rostered to work ordinary hours between midnight Friday and midnight Saturday, the employee will be paid a loading of 50% of their ordinary base rate of pay for the hours worked during this period.

24.2 Where an employee is rostered to work ordinary hours between midnight Saturday and midnight Sunday, the employee will be paid a loading of 75% of their ordinary base rate of pay for the hours worked during this period.

25. Breaks

25.1 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) An employee who is unable to take a meal break due to relief arrangements being unavailable, and with the approval of their supervisor shall be paid for the meal break as time worked at the ordinary base rate plus 50%.

(c) Where employees are regularly unable to take their meal breaks then a "crib time" arrangement should operate so that the employees are granted a paid meal interval of not less than twenty minutes to be commenced after completing three hours and not more than five hours of duty.

For the purpose of this clause 25.1 (c). the crib time arrangement is defined as the time where "during the shifts where there are only two nurses on shift (evening, night, weekend, public holidays) the employee will be paid normal time for their meal break if they have to remain on site for that meal break. •

25.2 Tea breaks

(a) Every employee will be entitled to a paid 1 0 minute tea break in each four hours worked at a time to be agreed between the employee and employer.

(b) Subject to agreement between the employer and employee, such breaks may alternatively be taken as one 20 minute tea break.

(c) Tea breaks will count as time worked.

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26. Overtime

26.1 Overtime penalty rates

(a) Except for extenuating circumstances, no employee shall work overtime unless instructed to do so by a person authorised to so instruct.

(b) Subject to (a) above, all authorised time worked in excess of rostered ordinary hours of work on any day shall be deemed to be overtime and shall be paid as follows:

(i) Monday to Saturday (inclusive )-time and a half for the first two hours and double time thereafter, calculated using the ordinary base rate for the relevant classification;

(ii) Sunday-double time, calculated using the ordinary base rate for the relevant classification;

(iii) Public holidays-double time and a half, calculated using the ordinary base rate for the relevant classification.

(c) Overtime rates under this clause will be in substitution for and not cumulative upon the shift and weekend premiums prescribed in clause 24-Saturday and Sunday work and clause 20- Ordinary hours of work.

26.2 Part-time employees

All time worked by part-time employees in excess of the rostered daily ordinary full­time hours will be overtime and will be paid as prescribed in clause 26.1 (a). A part time employee may accept an additional shift on a day on which they are not otherwise rostered, however that shift will be paid at the rates applicable for that shift, subject to that shift not exceeding the hours prescribed in clause 19(b ).

26.3 Rest period after overtime

(a) When overtime work is necessary, it will, wherever reasonably practicable, be so arranged that employees have at least 10 consecutive hours off duty between the work of successive days or shifts, including overtime.

(b) An employee, other than a casual employee, who works so much overtime between the termination of their ordinary work on one day and the commencement of their ordinary work on the next day, that they have not had at least 10 consecutive hours off duty between those times, will be released after completion of such overtime, until they have had 1 0 consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

(c) If, on the instruction of the employer, an employee resumes or continues to work without having had 10 consecutive hours off duty, they will be paid at the rate of double time until released from duty for such period. The employee will then be entitled to be absent until they have had 10 consecutive hours off duty without loss of pay for rostered ordinary hours occurring during the absence.

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26.4 Rest break during overtime

An employee working overtime will take a paid rest break of 20 minutes after the first two hours of overtime and then a further paid rest break of 20 minutes for each subsequent four hours of overtime worked

26.6 Recall to work when on call

An employee, who is required to be on call and who is recalled to work, will be paid for a minimum of three hours' work at the appropriate overtime rate. Each period of recall will stand alone for the purpose of calculating recall penalties for each subsequent recall.

26.6 Recall to work when not on call

(a) An employee who is not required to be on call and who is recalled to work after leaving the employer's premises will be paid for a minimum of three hours' work at the appropriate overtime rate.

(b) The time spent travelling to and from the place of duty will be deemed to be time worked. Except that, where an employee is recalled within three hours of their rostered commencement time, and the employee remains at work, only the time spent in travelling to work will be included with the actual time worked for the purposes of the overtime payment.

(c) An employee who is recalled to work will not be obliged to work for three hours If the work for which the employee was recalled is completed within a shorter period.

(d) If an employee is recalled to work, the employee will be provided with transport to and from their home or will be refunded the cost of such transport.

27. Shiftwork

27.1 Shift penalties

(a) Where an employee works a rostered afternoon shift the employee will be paid a loading of 12.5% of the ordinary base rate of pay for that day.

(b) Where an employee works a rostered night shift the employee will be paid a loading of 15% of their ordinary base rate of pay for that day.

For the purposes of this clause:

(i) Afternoon shift means any shift commencing not earlier than 12.00 noon and finishing after 6.00 pm on the same day; and

(ii) Night shift means any shift commencing on or after 6.00 pm and finishing before 7.30 am on the following day.

(c) Notwithstanding the above, the parties acknowledge and agree that a nominated employee who works a rostered night shift, including for Saturday night shift, at the Puckapunyal Health Centre (PHC) and Albury

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Wodonga Health Centre (AWHC) will be paid a special night shift loading of 20% of their ordinary base rate of pay for that day in lieu of the standard night shift loading identified in clause 27.1 (b). To avoid doubt, a nominated employee must meet the following criteria to be eligible for the special night shift loading:

(i) Must be an employee who is employed at the PHC or AWHC at the date of commencement of this Enterprise Agreement; and

(ii) Must be a PHC or AWHC employee that is regularly rostered and works in a continuous cycle of night shifts (50% or more) at the date of commencement of this enterprise agreement.

For the purpose of this clause, the nominated employees identified who are eligible for this special night shift loading have been pre-determined and agreed to by both parties.

Except for approved absences, the special night shift loading ceases to apply if a nominated employee, of their own volition, chooses to end their rostering arrangement and they no longer meet the eligibility criteria. In this instance, the special night shift loading will revert to the standard night shift loading and an employee will not be able to access the special night shift loading again for the duration of this Enterprise Agreement.

(d) Where an employee works a 12-hour day shift the employee will be paid a loading of 12.5% of the ordinary base rate of pay for the last three and a half hours of that shift.

(e) Except as provided under the provision of clause 27.1 (c) the shift penalties prescribed in this clause will not apply to shift work performed by an employee on Saturday, Sunday or public holidays where the extra payment prescribed by clause 24 - Saturday and Sunday work and clause 33 -Public holidays apply.

28. Higher duties

28.1 An employee, who is required to relieve another employee in a higher classification than the one in which they are ordinarily employed will be paid at the higher classification rate provided the relieving is for three consecutive days or more.

28.2 Any request for an employee to relieve in a higher classification will be made in writing by the employer and will provide specific details of the duties to be carried out at the higher classification.

29. Shift Co-ordinator

29.1 The Shift Co-ordinator will be responsible to the employer's management team to ensure continuum of routine after hour's service delivery. The Shift Co-ordinator will be the nominated liaison for the facility, and co-ordinate members of the after hour's team to ensure all required service delivery activities are attended to as per operational requirements. An employee will be rostered as a Shift Co-ordinator except where there is a Level 2 RN, a Level 3 RN, an APS employee or Defence

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employee who acts in the role of co-ordinator, who is on the roster of the site medical facility and is present on site for the rostered shift.

29.2 The Shift Co-ordinator will be nominated on the basis on demonstrating the following attributes:

(i) Demonstrated or developing leadership skills;

(ii) Relevant previous experience (taking into account current and previous employment);

(iii) Commitment and reliability in fulfilling the requirements of the role of Registered Nurse in line with the position description and reasonable expectations of the Employer

29.3 Shift Co-ordinator Allowance

(a) Where an employee is rostered on shift and nominated to be the Shift Co­ordinator, the employee will be paid an Allowance equalling a loading of 6% of the hourly rate of the shift worked.

(b) The Allowance will only be applicable to after-hours shifts (afternoon and night), weekends and public holidays and not to the day shift on standard Business Days (Monday- Friday).

(c) The Allowance is only applicable to the nominated staff member as rostered or as approved prior to the commencement of shift by the employer.

{d) The Allowance is only applicable to Registered Nurses Level 1.

30. Military Area Attendance Requirement - Puckapunyal Health Centre only

30.1 At times, the Employer may require a Registered Nurse Level 1 to attend the training area or the barracks in an emergency I safety vehicle at the Puckapunyal Military Area to provide nursing services to the level of the nurse's classification. Such a requirement will be known as the Military Area Attendance (MAA) requirement.

30.2 In the event that a Registered Nurse who is rostered to be ready to fulfil the MAA requirement, is actually required to attend a Military Area Attendance during his or her shift, that Registered Nurse will receive, in addition to any other amounts payable for that shift, an allowance of $70.00 on each occasion. This known as the MAA Allowance. Such allowance is to be increased in accordance with the wage increases in clause 15.

30.3 The MAA Allowance is only payable on evening and night shifts, all shifts on weekends and all shifts on public holidays and where there is a Shift Coordinator rostered.

30.4 Where possible, rosters will be arranged such that the Registered Nurse nominated to fulfil the Military Area Attendance Requirement will not also be nominated as the Shift Co-ordinator. However, the parties recognise that from time to time the Registered Nurse nominated to fulfil the Military Area Attendance requirement will also be the most suitable Employee on duty to fulfil the requirements set out in 30.2

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above as Shift Co-ordinator. On such occasions that nurse will receive both the Shift Co-ordinator allowance set out in 30.3 above and the allowance provided in this clause (as applicable).

30.5 Where there is a requirement for the employees to perform similar duties as outlined in this clause at another location the same terms and conditions of this clause will apply.

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Part &-Leave and Public Holidays

31. Long Service Leave

31.1 Entitlement to Long Service Leave

An employee shall be entitled to long service leavewtth pay, in respect of continuous service with the employer, in accordance with the provisions of their pre­Fair Work Act award derived entitlement, or the relevant state long service leave legislation, whichever provides the greater benefit.·

31.2 Quantum of Long Service Leave

The amount of such entitlement for each jurisdiction is summarised at Appendix C. The definition of continuous service, the rate of accrual and the details concerning payment and taking of long service leave is governed by the relevant state/territory legislation as amended or the award derived entitlement. The employer shall keep or cause to be kept a long service leave record for each employee, containing particulars of service, leave taken and payments made.

31.3 Taking of Leave

Notwithstanding the above, the parties agree that an employee, by mutual agreement with the employer, may elect to take half of the period of their accrued long service leave at double pay or, alternatively, double the period of their accrued long service leave at half pay. Applications under this clause shall be at the initiative of the employee and shall be in writing and such notice is given in line with the employer's relevant policy as varied from time to time. To avoid doubt, the employer's policy does not incorporate any terms of this Agreement.

31.4 Payment for taking leave

{a) The parties recommend that employees seek independent advice regarding the taxation implications of seeking payment under this sub-clause. The employer shall not be held responsible in any way for the cost or outcome of any such advice.

(b) The employer, if requested by the employee, shall provide information as to the amount of tax that is deductible in relation to a payment of long service leave. The employer shall not be responsible for the decision made by or consequence to the employee as a result of this information.

(c) Long service leave payments shall be paid at the base ordinary base rate of pay, unless otherwise stated in the relevant legislation.

32. Annuaf leave

32.1 Quantum of leave

{a) An employee who is not a shiftworker is entitled to five weeks of paid annual leave for each year of service with their employer, and an employee who is a shiftworker is entitled to six weeks of paid annual leave for each year of service with their employer.

(b) For the purpose of the additional weeks annual leave, a shiftworker is defined as an employee who:

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(i) is regularly rostered over seven days of the week; and

(ii) regularly works in a ward or clinic environment that has shift working operation outside regular Monday-Friday day hours; and

(iii) actively participates in all rosters and shifts.

(c) For the purposes of clarification:

(i) "Actively participates" means the nurse does not permanently remove themselves from working particular days or shifts, but it does allow for the usual rostering practices of expressing preferences for particular shifts and an ability to swap shifts with other nurses on an ad hoc basis by agreement with the Nurse Coordinator.

(ii) Provided the nurse is available to be rostered over the seven days and actively participates in rostering arrangements the nurse is entitled to the additional week regardless of how many PM, night or weekend shifts are actually worked in the year

(iii) Schedule D to this Agreement "List of eligible shift working DOHS worksites" outlines the sites that are considered ward or clinic environments that operate on a seven day a week basis for the purpose of this clause and at the commencement of this Agreement.

ScheduleD may be reviewed periodically. All changes will be made in accordance with Clause 8 of this Agreement.

32.2 Taking of leave

(a) Annual leave accrues progressively during a year of service according to the employee's ordinary hours of work, and accumulates from year to year. Annual leave can be taken as it accrues provided that and the employee provides appropriate notice in line with the employers relevant policy as varied from time to time. To avoid doubt, the employer's policy does not incorporate any terms of this Agreement.

(b) The amount of accrued Annual Leave that employees can maintain is set to a maximum of (228 hours). The employer may request the employee to make a plan to reduce the leave within a six (6) month period. Failing the employee reducing their leave, the employer may direct an employee who has in excess of this amount to take Annual Leave.

32.3 Payment for annual leave

An employee will be paid the amount of wages they would have received calculated at the ordinary base rate had they not been on leave during that period. Payment of leave will occur in the regular pay cycle unless the employee has requested the payment be made in advance in accordance with the Employer's relevant policy as varied from time to time.

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32.4 Payment of annual leave on termlna~on

On the termination of their employment, an employee will be paid their untaken annual leave and pro rata leave.

32.6 Stand down periods

Where an employer temporarily closes the health centre, an employee may be directed to take paid annual leave during part or all of this period. Where an employee does not have sufficient accrued ~nnual leave for this period, they may request to take annual leave in advance or leave without pay.

33. Public holidays

33.1 An employee shall be entitled to holidays on the following days:

{a) New Year's Day, Good Friday, Easter Saturday, Easter Monday, Christmas Day and Boxing Day; and

{b) The following days, as prescribed in the relevant States and localities: Australia Day, Anzac Day, Queen's Birthday and Labour Day; and

{c) Melbourne Cup Day, or in lieu of Melbourne Cup Day, some other day as determined for a particular locality.

33.2 Subject to the State government declaring or prescribing them, Full time Monday to Friday employees and/or part-time employees engaged to work only on a Monday to Friday basis:

(a) When Christmas Day is a Saturday or a Sunday, a holiday in lieu thereof shall be observed on 27 December

(b) When Boxing Day is a Saturday or a Sunday, a holiday in lieu thereof shall be observed on 28 December

(c) When New Year's Day or Australia Day is a Saturday or a Sunday, a holiday in lieu thereof shall be observed on the next Monday.

33.3 All other employees, Including casuals

(a) Christmas Day shall be observed on 25 December.

{b) Boxing Day shall be observed on 26 December.

{c) New Year's Day shall be observed on 1 January.

(d) When Australia Day is a Saturday or Sunday, a holiday in lieu thereof shall be observed on the next Monday.

33.4 Where in a State or locality, public holidays are declared or prescribed on days other than those set out above, those days shall constitute additional holidays for the purpose of this Agreement.

33.6 An employee who works on a day referred to above shall be entmed to be paid double time for the time worked.

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33.6 Public holidays occurring on rostered days off (Full time employees only)

An employee shall receive a sum equal to a day's ordinary base rate of pay for public holidays that occur on their rostered day off, excepting holidays falling on Saturday or Sunday with respect to Monday-Friday employees.

33.7 Public holidays occurring during annual leave

If the period during which an employee takes paid annual leave includes a day or part-day that is a public holiday in the location where the employee is based for work purposes, and that employee is entitled to the public holiday in accordance with Clause 33.8, the employee is taken not to be on paid annual leave on that public holiday.

33.8 Part-time employees

(a) A part-time employee who is not ordinarily required to work on the day of the week on which a particular holiday is observed shall not be entitled to any benefit for any such public holiday unless they are required to work on the public holiday.

(b) If a public holiday occurs on a particular day that a part-time day worker would ordinarily be rostered to work, the part-time day worker shall receive payment for the public holiday equal to their ordinary base rate of pay for that particular day not worked.

(c) For part-time shiftworkers, the calculation that will be used to determine eligibility for all public holiday payments is:

The particular day of the public holiday must have been rostered and worked by the part-time shiftworker equal to 50% or more in the preceding six completed pay periods to that particular day of the public holiday.

34. Paid personal/carers leave

34.1 Def initions

For the purposes of any entitlement pursuant to this part not the term 'immediate family' is defined to mean:

(a) a spouse, de facto 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

The employer may, in its discretion, grant paid leave consistent with the provisions of this part in respect of carer's leave, to provide care or support for a person who is not a member of the employee's household or who does not fall within the scope of the term 'immediate family'.

Aspen Medical and Australian Nursing & Midwifery Federation Enterprise Agreement 20i3 29

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34.2 Entitlement to Personal/Carer's Leave

This clause applies to employees, other than casual employees.

(a) For each year of service with his or her employer, an employee is entitled to 11 days of paid personal/carer's leave.

(b) An employee's entitlement to paid personal/carer's leave accrues progressively during a year of service according to the employee's ordinary hours of .work, and accumulates from year to year.

34.3 Taking paid personal/carer's leave

An employee may take paid personal/carer's leave if the leave Is taken:

(a) because the employee is not fit for work because of a personal illness, or personal injury, affecting the employee; or

(b) to provide care or support to a member of the employee's immediate family, or a member of the employee's household, who requires care or support because of:

(i) a personal illness, or personal injury, affecting the member; or

(ii) an unexpected emergency affecting the member.

34.4 Payment for paid personal/carer's leave

If an employee takes a period of paid personal/carer's leave, the employer must pay the employee at the employee's ordinary base rate of pay for the employee's normal day of work in the period.

34.5 Notice

An employee must give the employer notice of the taking of !eave under this clause. The notice:

(a) must be given to the employer as soon as practicable (which may be a time after the leave has started); and

(b) must advise the employer of the period, or expected period, of the leave.

34.6 Evidence supporting claim for paid personal/carer's leave

An employee who has given his or her employer notice of the taking of leave must, if required by the employer, give the employer evidence. Such evidence includes:

(a) a certificate from a health practitioner registered under the Health Practitioner National Law; or

(b) a statutory declaration signed by the employee with respect to absences on three occasions in any one year, such occasions not exceeding two consecutive working days.

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35. Unpaid carer's leave

35.1 Entitlement

An employee is entitled to 2 days of unpaid carer's leave for each occasion when a member of the employee's immediate family, or a member of the employee's household, requires care or support because of:

(a) a personal illness, or personal injury, affecting the member; or

(b) an unexpected emergency affecting the member.

35.2 Taking unpaid carer's leave

(a) An employee may take unpaid carer's leave for a particular permissible occasion if the leave is taken to provide care or support as referred to in section 102 of the Fair Worlc Act.

(b) An employee may take unpaid carer's leave for a particular permissible occasion as:

(i) a single continuous period of up to 2 days; or

(ii) any separate periods to which the employee and his or her employer agree.

(c) An employee cannot take unpaid carer's leave during a particular period if the employee could instead take paid personal/carer's leave.

35.3 Evidence supporting claim for unpaid carer' leave

When taking leave to care for members of their immediate family or household who require care due to a personal illness, a personal injury or an unexpected emergency, the employee must, if required by the employer, give the employer evidence that would satisfy a reasonable person that the nature of the emergency and that such emergency resulted in the person concerned requiring care by the employee.

36. Compassionate leave

36.1 Entitlement

An employee is entitled to 2 days of compassionate leave for each occasion when a member of the employee's immediate family, or a member of the employee's household:

(a) contracts or develops a personal illness that poses a serious threat to his or her life; or

(b) sustains a personal injury that poses a serious threat to his or her life; or

(c) dies.

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36.2 Taking compassionate leave

(a) An employee may take compassionate leave for a particular permissible occasion if the leave is taken:

(i) to spend time with the member of the employee's immediate family or household who has contracted or developed the personal illness, or sustained the personal injury, referred to in section 104 of the Fair Work Act; or

(ii) after the death of the member of the employee's immediate family or household referred to in section 1 04 of the Fair WorK Act.

(b) An employee may take compassionate leave for a particular permissible occasion as:

(i) a single continuous 2 day period; or

(ii) 2 separate periods of 1 day each; or

(iii) any separate periods to which the employee and his or her employer agree.

(c) If the permissible occasion is the contraction or development of a personal illness, or the sustaining of a personal injury, the employee may take the compassionate leave for that occasion at any time while the illness or injury persists.

36.3 Payment for compassionate leave (other than for casual employees)

If, in accordance with this Clause, an employee, other than a casual employee, takes a period of compassionate leave, the employer must pay the employee at the employee's ordinary base rate of pay for the employee's ordinary hours of work in the period.

36.4 Evidence supporting claim for compassionate leave

When compassionate leave is taken the employee must, if required by the employer, give the employer evidence that would satisfy a reasonable person.

37. Ceremonialleave

An employee who is legitimately required by Aboriginal tradition to be absent from work for Aboriginal ceremonial purposes will be entitled to up to ten working days unpaid leave in any one year, with the approval of the employer.

38. Community service leave

38.1 Community service leave is provided for in the NES which enables an employee to be absent on leave to engage in eligible community service activity such as emergency services management and jury service. Any payment for Emergency Services Leave and Jury Service Leave will be made in line with applicable State or Territory Legislation.

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38.2 In addition to community service leave, the employer provides other leave types such as Defence Force Leave as outlined in the employer's policies as varied from time to time. To avoid doubt, the employer's policy does not incorporate any terms of this Agreement

39. Blood Donor leave

The employer will release full time employees up to a maximum of two (2) occasions per year to donate blood at a nominated time where a mobile collection unit or donor collection centre is located within ten kilometres of the defence facility location at which the Employee works. The employee will be paid their ordinary base rate of pay for hours of work for the time they absent from the workplace for the purposes of donating blood. Employees will give at least seven days' notice to the Employer of their request to donate blood and the approval of such release is subject to the operational requirements of the DOHS worksite.

40. Paid parental leave

40.1 Parental leave is provided for in the NES. This clause contains additional provisions.

40.2 Quantum of Parental leave

(a) In addition to the entitlements in the NES the employee shall be entitled to six weeks paid leave if she is the mother of a newborn or adopted child.

(b) The provision in sub-clause 40.2 (a) is in addition to any payment made by the Australian Government in respect to paid parental leave.

(c) If an employee is required to attend ante-natal appointments or parenting classes and such appointments are only available or can only be attended during the ordinary rostered shift of an employee, then on production of satisfactory evidence of such attendance at such appointment or class, the employee may access his or her carer's leave for this purpose. The employee must give the employer prior notice of the employee's intention to take such leave.

(d) This provision shall apply to full-time and part-time employees where the employee has, or will have, completed at least 12 months of continuous service with the employer immediately before:

(i) if the leave is birth-related leave, the date of birth, or the expected date of birth, of the child; or

(ii) if the leave is adoption-related leave, the day of placement, or the expected day of placement, of the child.

41. Leave to attend trade union courses, seminars

41.1 A union representative, or other employee selected by the union, shall be entitled to, and the employer shall grant, up to two days leave with pay each calendar year, non-cumulative, to attend courses conducted by an accredited training provider and, approved by the union or TUTA (Inc) on the following conditions:

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Page 38: [2013] FWCA 6642 · Federation Enterprise Agreement 2013. [1] An application has been made for approval of an enterprise agreement known as the Aspen Medical and Australian Nursing

(a) the scope, content and level of the courses are directed to the enhancement of the oi>eration of enterprise agreement provisions;

{b) that two weeks period of notice is provided to the Employer;

(c) the taking of leave is arranged having regard to the operational requirements of the employer;

(d) the union representative, or other union nominee, taking such leave shall be paid their ordinary base rate of pay for normal rostered hours excluding shift work, overtime and other allowances;

(e) leave of absence granted pursuant to this clause shall count as service for all purposes of this Agreement;

(f) only two (2) employees from any DOHS worksite in each state/territory shall be granted such leave at any one time. Applications over and above this minimum shall be considered on a case by case basis.

41.2 Leave of absence in accordance with this clause may include any necessary travelling time in normal hours immediately before or after the course.

42. Professional Development Leave

42.1 Professional development leave is to enhance the knowledge and practice skills of nurses.

42.2 In addition to mandatory training requirements and subject to the employer's Professional Development policy eligibility requirements, the employer commits to providing full time employees with two (2) paid Professional Development days from the first full calendar year post employment. For each calendar year thereafter, three (3) paid Professional Development days are accessible for full time employees. To avoid doubt, Professional Development days are pro-rated for part­time employees. To avoid doubt, the employer's policy may be varied from time to time and does not incorporate any terms of this Agreement.

42.3 This leave is non-cumulative. Such leave is provided to support education and training that is relevant to the work of the employee and is subject to workload, skill mix and organisational requirements. Where the operational requirements of the DOHS worksite allow, the employer will not unreasonably refuse a request to attend relevant education/training where it is requested in accordance with the relevant policy.

42.4 An application must be made at least in accordance with the process as outlined in the employer's applicable policy, as varied from time to time. The employer will respond to the application within 10 days from the date the application is lodged.

42.6 Payment of leave will be made in accordance with the relevant policy.

43. Mandatory Training and Education

43.1 All employees have a responsibility to maintain and upgrade their skills commensurate with the requirements of their position. In particular every employee must attend training required to meet statutory responsibilities including but not limited to: fire and emergency training, manual handling training and infection control provided by the employer in each twelve month period or as required.

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43.2 Where the employee attends compulsory training as provided by the employer other than during the course of a rostered shift, the minimum payment shall be the length of the training or one hour whichever is the greater where that training is scheduled continuous with the commencement or end of a rostered shift for that employee. However, where the training has not been scheduled at the start or finish of a shift for which the employee is rostered and the employee has to make a separate trip to the facility the payment will be the length of the training or an hour and a half (1.5) hours whichever is the greater. At nights or on week-ends appropriate shift, weekend or over-time penalties will be paid in accordance with this agreement on all hours in compulsory education ..

43.3 Attendance at any training course other than those referred to in clause 43.1.1 above may be supported by the employer in accordance with employer's applicable policy. In particular, the parties acknowledge that it is highly desirable for employees to attend training provided by the employer.

Aspen Medical and Australian Nursing & Midwifery Federation Enterprise Agreement 2013 35

Page 40: [2013] FWCA 6642 · Federation Enterprise Agreement 2013. [1] An application has been made for approval of an enterprise agreement known as the Aspen Medical and Australian Nursing

SIGNING PAGE

at 1 am authorised to sign this Agreement on behalf of the named Employer

S!gnature on behalf of Aspen Medical Pty Ltd

of 2 King St, Deakin ACT 2600

it~1e±~ Print Name

DATED this .;2_ ~ day of ~c....---5 {r 2013

I declare that 1 am authorised to sign this Agreement on behalf of the named Bargaining Representative

~ . ....... t .. . .. .. ' . .... . . ............ . .. t' • • • t •• ' ~ .. .. .. t ... =r.J.~ .... efl .. ~.~ .. w. ........ .. Signature: on behalf of the Australian Nursing.federation

A'~' {1' AN"1' S e ,_ t' ~ -r A~.., Print Name

a. ... ).. I1 1J::nu 1 r: c,.R,-, as a Bargaining Representative ,q AJII F ( \I,L &tAAKH'

of Level 1, 365 Queen Street, Melbourne VIC 3000

DATED this ~ 3 A-"b day of ?LJ&-u s I 2013

Aspen Medkof ond Australian Nursing Federrztion Enterprise Agreement 201.3 35

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Page 42: [2013] FWCA 6642 · Federation Enterprise Agreement 2013. [1] An application has been made for approval of an enterprise agreement known as the Aspen Medical and Australian Nursing

Schedule A - Wage Rates and Allowances

Aspen Medkal and Australian Nursing & Midwifery Federation Enterprise Agreement 201.3

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Page 44: [2013] FWCA 6642 · Federation Enterprise Agreement 2013. [1] An application has been made for approval of an enterprise agreement known as the Aspen Medical and Australian Nursing

ASPEN MEDICAL COMMEI\CIAL-IN-<JONFICENCE.

Western Aultnilla- Nurslnc Shift Valuas

leoei1Rqi ...... NurseShlftYIIIUU losolloutly Clnllnori-......... Dw

Ponality-Roll(ol

...... Z RIIJIIteretl NUIM Shift Ylllu•

'"'"""""' Ordlooery----~ Ponellty Rill

Rat8lsl

1.e1t1 s Rqtst.rod Nurse Shift v-IIMHoufiV Orftoary--.,., l'enlfity-~

1 Dov 0~ $ 36.U L1RN ... e- 1 DIY 0.0% ) ·1!'..:.3 ~RNI1otRite 1 ~ 0.0% • .r.us UMII&tRot. z e..,lrW 12.5" I$ 41.U z E"**lll'lol 12.5% $ 41.ZII z E ...... 12.5% $ IIJ.IZ I Nlllrt 15.016 I!_ 41.15 I NIJht 15.0" s 47.11 • Nl&ht 15.0% $ ss.n

WHicond-,_..., WM!Iend • SIIU,.., Woo...,d-Situnl_oy .. Day 50.016 $ 5431 .. Doy 50.016 $ 61.73 4 Doy 50.0% $ 70.4! 5 Ewninf 50.016 $ -~ ' Nilht 50.016 $

5 EYMl_lnc 50.0% $ 61.73

' ~ht 50.0% $ 61.71 5 Even inc 50.016 $ 70.Aa

' (IIIJII!_ 50.0% Is liL43 Woot.d ·$-*Y Woollencl· S......., w--su.ll¥

7 Doy 75.016 $ 54.14 7 D.or_ 75.016 $ 72.01 7 0.., 75.0% $ 12.11 I Eve:nln1 75.016 I $ 54.14 • Ewnlno 75.0" $ 72.01 • Evenlna 75.0% $ 12.11 I Nlaht 75.016 $ 64.14 9 NIJht 75.016 $ 71.01 I NJaht 75.01oi $ 12.11

Pulll< Holidow PullllcHolldiY --JO Day 100.016 $ 7UO • 'DIY 100.0% I$ IIUO • DIY 100.0% $ -u e-.~,.. 100.016 s lUI u - 100.016 $ IUO u E\Mnfrw 100.0% $ -lZ Nl&ht 100.016 $ 71.10 1Z Nllht 100.0% $ I1.JO 1Z 1- 100.016 •$ -flldanld Enrolod NUllO Shift 11111-

OniiNoy-~ ,.....,lilt. ._._,

lloll(sl 1 o.., 0.0% 1.1. 28.69 ErN lose Rite z Evenino 12.5% $ J2.:11

' NIJht 15.016 ·- ~- -w...._. __ .. Day 50.016 $ oQ-04 I ~trw_ 50.016 $ 4S.D4

I ~ 50.016 $ oQ-04 W-d- Su"""

7 D~_ 75.0% $ 50.21 I Ewnlno

---75.016 $ 50.21 , Ni&ht 75.016 $ 50.21 ---• Doy 100.0% $ 57.311

~-u EVon In(_ 100.0% _t_ "----s7.1i lZ Nl ht 100.0% • 57.311

rnrolled Nunc Shift Valu• lose.-e,

Onllnory- IU1111ns1Jooy Ponorrty-

Roll(sl

1 Day 0.016 ' 2&.SS !NBoseRito 1 Even in&_ 12.5% $ 25-P , I Mil-ot 15.016 $ liCI.53

--~ 4 Dov 50.016 • -5 Evonfnl 50.0% $ D.U

' Nlahl 50.016 $ lUI Wookond -sua...,

7 DIY 75.0% $ -I E- 75.016 $ ..... ' INicht 75.016 $ -Public Hoi IdlY 10 o.., 100.016 $ 53.10

u EvenlnJ 100.0% $ Sl.lll

lZ IN1111t 100.0% Is 53.10

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ASPEN MfDICAL. <X>MMERCIAL-IN<ONFIOENC£.

""""'~ lllltlllfWd N-SIIftlllllolao .... Holllly ~ .. ry- lus.,...Doy

Ponotily~ RMel•l

I<Milz~ No:IIQShlltvc:a.. .... t-"t

Onlmoi'Y- .... .,.. Doy -rty- ~lsi

I<MliJ~ed ...... -."'*"» •-t-"t

Ordltwv- loadeSI Doy Penollty Rille

R11e(s) 1 Day O.ll% $ JI.U Ll RN Iiiii Rite 1 o.., 0.0% s IU.76 URNBooe- 1 Day 0.0% $ C$.55 13!1NIIM-z Evenlno 12.5% $ 43.11 z Evonll>,l 12.5% $ <16.!18 z E_,inl 12.5% $ 5U7 3 Nllht 15.0% $ 44.07 3 INIIht 15.0" $ u.oz 3 N~t 15.0% $ U .5S

w..--s.tuntay W--So-., w- -SiotllrUy 4 Doy 50.0% $ $7.41 4 Dov 50.0% $ 62.64 4 Dl'/ 50.0% $ &l.aJ 5 Evonq 50.0% $ 57.41 5 Evwninl 50.0% $ 62.64 5 Ewnlno 50.0% $ 611.13 6 Nidrt 50.0% $ 57.41 6 Nlcht 50.0% $ 62.64 ' ll«aht 50.0% $ 11.13

W-·S..ndliy W-·SIImiiY w--SUIIdov 7 Dov 75.0% $ 67.06 7 Day 75.0!(, $ 73.01 7 Day 75.0% $ 11.<11

• Evonln1 75.0% $ 67.06 I Evonlrur 75.0% $ 73.01 8 Evenin.l 75.0% $ 11.<16 I Nlaht 75.0% $ 67.06 I INilht 75.0% $ ?J.OI I Niel1t 75.0% $ 81.41 ,__

l'llbhc~ l'lllllcHolldoy Ia Day 100.0% $ 71.64 10 Day 100.0% $ u.sz 10 le-v 100.0% $ 93.10 11 EveninE 100.0% $ 76.64 11 -.. 100.0% $ u .sz 11 l&.q 100.0% $ 93.10 u Nlolht 100.0% $ 76.64 u .Nilht 100.0% $ 13.52 u Nillrt 100.0% $ IUD

r iiMIMIIIIIIOIIc IIClTH Shift-liN Holllly

Qni.,.., ....... Dey _...,Rite Rlt1lol

1 D-r 0.0% • 27.W ---z E\lonlftl 12.5" $ n.u 3 I«Jht 15.0% $ 31-10

W-d-soturdoy 4 DIY 50.0" $ <11.41 5 Evenln1 50.0% $ 41.41

' N_ICht 50.0% $ 41.41

W--SuMav 1 DIY 75.0% $ 4I.D

• Evenlno 75.0% $ 41J.lS

' INWrt 75.0% $ .. 311 Pull!ic~

10 Dov 100.0% $ $$.30 11 E'ltlnin& 100.0% $ 55.50 u Nllht 100.0% $ 55.30

l!r.II:IWNooooSI!!I'I"'*"'"

-~ Onlonory-........ Doy .......,_

Rltl(s) 1 DIY 0.0% I$ 2"/JIZ EN iaHRitl

z Evon rna 12.5% $ SOAD 3 NIJjrt 15.0% $ 31.117

w- ·SioblrUy 4 IDlY 50.0% $ <10,5)

5 Ewni"l 50.0% $ 40.53

' I!Nht 50.0% $ <10,5)

w--s.doY 1 Dov 75.0% $ 47.:11

• Evon ina 75.0% $ 47.:11

' Nlllirt 75.0% $ 47.29 P-Holldly

10 D-r 100.0% $ 54.04 11 Evonino 100~ $ 54.04 12 IMtht 100.0% $ 54.04

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ASPEN MEDICAL. COMMERCIAL·IN.CONFIDENCI.

Northam Terrltlory • Nurslna Shift Values

'-811 R ....... l Nlll'laShlltVWI-111M""""'

Onlinarv • ..,. .. _ DIIV ,_,olltyReta Rete(~~

'-I!Zfllllst- NursaShlltV ...

-~ Ordonory · lulinOSI D11V Pw•allty-Rib(•)

'-I I RacfttaNd Nune ShlltVI-_ _.,

Ord•••rv • ....._ DIIV Panallty-

R~)

1 Day 0."" • :;t?..~: U RNIUORota 1 Day 0.0" ~ 4.:1.04 12RN liM Rate l Day 0.0" 1$ 41.l D LI RN iore~

2 EVW11111 u.s" $ 4S.ZZ 1 Evon In& 12.5')6 s 41.41 z E~ 11.5" $ M.1l J Nlllht 15.0'l6 $ 44.18 J INIIht 153 $ 4!1.511 • Nllht 15.0!1 $ I5.JZ

w.IIMcl · Stl-.v - -Stltu· w--latunlar 4 Day 50.0" $ 57.63 4 Dov 50.0" $ &4.56 4 Dov 50."" $ 72.15

s Even!!!~__ . .•• 50.0% $ 57.&a

' Nicht so."" $" 57.0 s Evenlnc 50.0')6 $ &4.56

' Nlflht 50.0')6 $ 114.56 5 EW!nlnl so.~ $ 72.15

' ~ht 50.0')6 $ 7Z.1S

W-·Sut!Wt w---- W-·s.dw 7 Day 75."" $ 57.24 7 Dov 75."" $ 75.J 2 7 Day 75.0!1 $ M.:W

• Evenrnc 75.0" $ 67.24 I Evoni"L 75.0% $ 75.32 I Evenfna 75.0!1 $ M.lll

' Nit!ht 75.0')6 $ f7.24 , Nil hi 75.0" $ 75.SZ I Ni&ht 75.0')6 $ 84.18 ,_~

Pvbllc-Y --v • Dov 100.0'l6 I $ - 211 Day 100.0" $ a 111 :10 DIIV 1011."" $ tL2I u E.., In& 100.0'l6 $ - 11 -.. 100.0')6 I_!_ alii 11 Ewnllll_ 1011.0')6 __. IUD u Nflht 100.0" $ 76.14 u Nlllrt 100."" s a111 l2 Nltlht 100.0')6 $ am

toulonad Enrollad NunaShllt- ••••lfOIHir Oodlllary· l uslneDDIIV

Pen.lllty -flat8lsl_

1 Day 0."" s 7SJf1 EENIIISIROb! 1 .Ewrin& 12.5" 5 U.'IO

I Nlt;ht 15.0'l6 $ n..u Wftllud· Stltunlft

4 Doy 50.0!6 $ 41.61 I EIIB11na 50."" $ 41.61

' rqht so."" $ 41.11 W"'*-'d ·~

7 Day_ -- . 75."" $ --~ • Ewnine 75.0!6 $

' NiB'* 75.0'l6 $ _ _!!:!!, ........ -... • Day 100."" $ sa.14 11 Evanma • 100."" $ 51.14 u IN!iht 100.0')6 $ 11.14

llnoollod Nurse Sllllt Vlluoa •••Hoonly Ordlnory ·lulinoso D11V

Penollty -Aatl(oj

1 Day 0.()')6 $ 28.35 ENtaseAate

1 Evonq 12.5" $ :u.e

' 1- 15."" $ 3UO w- nd-s-.oy

4 Day 50.0" $ 41.53 I IEvenlnl 50.0'l6 $ 41.SJ

r--!· 1-t Wllkoftd • Sunftot

SO.O'l6 $ G.5J

7 Day 75.0')6 _l$ 4!1.11 I Evenin~ 75.0" $ 49.&1 , Nlcht 75.0')6 ~ •. 61

""blc~

• O'l'f 100."" $ 56.'10 11 Even inc 100.0" $ 56.'10 u Nllfrt 100.0" $ 5&.711

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ASPEN MEDICAl. COMMERCIAl·IN<DNFIOENCf.

\llc:torla- Nursht,: ShlftValll:)$

IP.v<lll~l\lr.so-Volocls -Howl\'

onltnary. -·• Doy Penllfty Rate

Rlte(l)

~Z---Nuno~V--llollrty

Dni1111Wf• ·-ow Ponellty Rite Rotolsl

law<!IJ~""""$hlltVnloao -Houotr

DnllnltY· ......... Doy ..... ali..,_

-(1) 1 IOO'f 0.0% $ ~ LlRNa.M- 1 Doy 0.0% $ a1.0la l2 RN Basi Rite 1 Doy 0.0% $ - 13RNBIItRite z Evtnll\l 12.5% $ n.so 2 Ewnlnl 12.5% $ 4Z.5ll z Evtnlna 12.5% $ 47.Z5

3 IN181rt 15.0% $ 40.4& J i'llt[ht 15.0% $ 4UJ ' ... ht 15.0% $ 48.30

w--Sebo1ay w..-. 5atunloy w--SltloniiY 4 o .... 50.0% $ UIO 4 ,o.., 50.0% $ 51.71 • l!l!Y 50.0% $ u .oo 5 IEY<nhw 50.0% $ 52.10 s E-. 50.0% $ 116.71 5 Evenlrw 50.0% $ 1.!.00

• llli&hl 50.0% $ 52.10 ' N'cht 50.0% $ 56.71 6 Nilht 50.0% $ 1.!.00 W-.1-- Wllkend·S..~ --Sundav

7 Doy 75.0% $ 6L60 7 Ooy 75.0% $ 66.2.4 7 IDov 75.0% $ 73.50 8 E'vonlna 75.0% s 6L60 • Evonlns 75.0% $ 16.24 I Evonll\l 75.0% $ 73 .50

' Nl1ht 75.0% $ 6L60 ' ... ht 75.0% $ SI.Z4 ' Nllht 75.0% $ 73.50 ,.blc._.., l'ubllc_.., _ _..,

10 Doy 100.0% $ '10.40 10 IDov 100.0% $ 75.'10 10 DIY 100.0% $ -u E ..... 100.0% $ 70..40 11 Evon trw 100.0% $ 75.70 11 IEIIrill 100.0% $ -1Z 1- 100.0% $ 70..40 12 Nla:ftt 100.0% $ 75.'10 12 Nilht 100.0% $ 84.00

flWiorMd 1-od Nurso Shift v.hoOI a. .. Hourly Otdiloar\'·--.,.., ,.....,_ ~

1 0.., 0.0% $ lll.15 --Rat• 2 E ..... 12.5% $ 3U7 , Nlcht 15.0% $ 3:U7 W.....,nd-~urdoy

4 Doy 50.0% $ 42.23 5 Evonlnl 50.0% $ 4Z.Z3 6 Nilht 50.0% $ 4Z.Z3

w-.i.l -SunAy

7 0.... 75.0% $ .S.21i I f.., ... 75.0% $ ~.21

' .. &flt_ 75.0% $ .,.26 Pubic HaNly

10 OO'i_ 100.0% $ 56.10 11 Even inK 100.0% $ 116.10 12 Nlaht 100.0% $ 56.30

Ennlllod -Sior.t- -Howly Onl"*'f· llusi-.Doy

,.,..,Rate Ratl(sl

1 Ooy 0.0% $ ::7.00 EN BasoRato

z Evenrn1 12.5% $ 30.47 , Nlaht 15.0% $ 31.14

w--s.turnv 4 Doy 50.0% $ 40.12 5 Even trw 50.0% $ 40.12 6 Ntcht 50.0% $ 40.62 ---7 Doy 75.0% $ 47.JII a Evon in,(_ 75.0% I$ 47.38

' Nla:ht 75.0% $ 47.38 Pllblc Holiday

10 li>aY 100.0% $ 54.15 11 Evenl111 100.0% $ 54.11 12 I Nishi 100.0% $ 54.11

C:\Users\ofrocoro\t>acuments\Nurse roles EBA VIC.Jd"' 1/08/NU

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ASPEN MEDICAL COMMERCI"l·IN·CONFIDENCE.

Northern NSW • Nurslna Shift Values

Lllolll Re&lstllttcl NUll I Shllt- .... _.., Onllnory • Bu..,_ lillY

Ponollly~te 111111(1)

Lewell ~tel.!ttled Norse Shift V.lu .. ..... _.., Otdin•ry · IUI•n•• Day

..... lty~-~to(sJ

LIMIIJ ReafNroiiNurseShlhV*ol ..... ._., Onllnory ·I•---

Penollly-Rote(~~

r-·1 Day 0.0!1 1$ 38At 2 Evon filL 12.~" $ Q.2l

LlRN IIIII Rote l Dov O.Ol6 $ 4a.40 2 -.. 12.5!1 $ lf7.7D

1 Dov 0.0!1 $ 48.1.11 2 iEwnell 12.5!1 $ 54.lll

I INIIht 15.0!1 . $ 44.17 s iNWht 15-0ll $ &71 s INWht 15_.~- .J_...!!:!!, WMicllnll·~ w-... ... ._..., W-·llt...,

• Day 50.0!1 $ 57.1i2 4 Dov 50.0% $ 53.10 4 D.., 50.0!<. $ 7Z.~7

5 Evenlni so.o" $ 57.62

• Ni£ht 50.0!1 _l$ 57.6a 5 Evonlntl 50.0% $ &UO

' .l!ilt!. 50.0% I$ U.iO 5 EYiflln& so.~ $ 72Z7 I INitht 50.0!1 1$ 72Z7

w--s--. w--.su.-., w---... 7 IO.V 75.0!1 $ g ,u 7 Day 75.0!1 $ 74.20 7 Day 75.0'1 $ 14.3Z I Even in& 75.0!1 $ 67.22 • Evtnihll 75.0l6 $ 74.20 I Evonlno 75.~ _l$ 14.3Z

• Nilht 75.0!1 $ 67.22 ' Nilht 75.0l6 $ 74.20 • Nl1ht 75.0!1 $ 14.1Z ...... _ ...... _ , __ 1.0 LDav 100.011 $ - :10 ,Dey 100.0!1 $ lUll :10 Day 100-0ll $ -11 E- 100.011 $ 75.12 11 E-.1111 100.0!1 s lUll u I~ 100.0!1 .J -12 NWI!t 100.011 I $ 75.12 12 Nillht l OO.Ol6 $ 14.10 1Z Nloht 100.011 s !11.11

End8rlecl Brn>noll Nurse Shih-loso Hourly

Onllnory · lusln- DOV P.,.lltyilm

RIN(II

1 Day 0.011 • a1s nNiue -z Even ir-e 12.5% ,$ li0.14

J IMmll 15.0!1 $ 10.11 W-d·So~

• Day 50.0" $ 40.11 I tveniN 50.0!4 $ 40.3§

• ,....,. 50.011 $ 40.19 W ......... ·.SUnAw

7 IDov 75.011 $ ... • EY<IniAI 75.0" _1$ 41.11

' Ni&ht 75.0" $ 46.11 ,.~._..,

Ill Day 100.011 $ 55.51

12 Evonln1 100.011 $ SJ.51 12 Nil/It 100.0" $ IJ.51

EnrolledNU111 5IIIIIIIlllu• ........... OniiiiiiY · BusiHssDIY

Penolfty-~N(II

1 Day 0.011 .1. 16.26 EN IIlJa Rote 2 Evon~ 12.5" $ 3§.54 , Nfcht 15.0!1 $ :10.20

Wll...,d·SituniiiY 4 Day . 50.0!1 $ ... I EY1111no 50.0!1 $ ••• • 'Niht 50.0!1 $ ...

Wllloond ·SUI..., 7 Day 75.0% $ -I Evenln~ 75.0!1 $ -' Ni&ht 75:0'1 $ -,__.., • Day 100.011 $ 52-U u Eveninl 100.0% $ 52.52 1Z Nieht 100.09<. $ 5Z.SZ

C;\Uiers\ofr.ocoro\Documents\Nursl"' Bote and Shift Rates All Regions fiNAl ..,ll3.•1s

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ASPEN MEDICAL COMM£ROAL-IN-CONRDENQ.

Southem illSW-Nui'ilna Shl~ l!ii!lues

J..ovOil~mdNunoShll'tVIIuol Bose Hourly

Onlwlary·-Dey Peoolltyllote

Rotel•l

Lauall llo&l*rod NunaJhll'i!Vol•oo lloto Hourly

ontlnorv· .... .,... Doy Penollly-

~·· Looo1 J llc(ofnarcd N""" Shllt V.ll:<ll •••• Houfto/

OrdHoory· ··-Doy Pen~Uty-

Rata(s)

1 O.v 0.0% $ !SW.-3 LlRNiolollote 1 Dov 0.0% ' <IIZ.OJ L2RNIIo•- 1 Doy 0.0% $ 41.11 URNIIM-

z te--. 12.5" $ 4Ul 2 E_,.~ 12.5" $ 47.31 2 f..., ire 12.5% $ 54.20 , Nioht 15.0% $ 44.17 3 INI&ht 15.0% $ ..... 3 Ni&ht 15.0% $ 55.41

W-.!·SOUircloy w--~ w---...,. 4 [)oy 50.0% $ S7.&Z 4 Doy 50.0% $ 63 ... 4 Dov 50.0% $ 72.TI

5 EYI<IIrw 50.0% $ 57.62 5 E ....... 50.0% $ 63.08 5 Ewninc SO. Ill' $ 7U7 6 Nlallt 50.0" $ 57.62 6 Nisht 50.0l6 $ 63 ... • Nltht 50.0% $ 7U7

WHicend·Sunday W•lcMd. sundov w.-....suoc~oy

7 Doy 75.0% $ 67.22 7 Doy 75.0% $ 73.59 7 Doy 75.0% $ 14.lZ

I Evonlno 7S.Ol6 $ 67.22 8 E_,ln& 75.0% $ 73-59 • Even in& 75.0" $ 84.32

9 Nilht 7S.Ol6 $ 67.12 I Nflht 75.0% $ 73.59 9 Nlcht 75.0" $ 14.32 Public ltoi!Uy_ PubHc Holldov P-Holldoy

10 Doy 100.0l6 $ 76.12 10 Doy 100.0% $ 84.10 10 Dey 100.0% $ 96.36 11 Elfonq 100.0l6 $ 76.12 u E...,;,. 100.0% $ 84.10 11 Ewninc 100.0% $ !6.36

u N"'ht 100.0% $ 76.82 12 !NIIlht 100.0% $ 84.10 u Hidlt 100.0% $ 116-Jii

henod - od --v.~u. llosello4nly OrlllnotY· Buo--.0..,

Penolllyllole Rltebl

1 Ooy 0.0% $ za.n 2 E""nfn& 12.5" $ 30.14

J Nip,t 15.1)% $ 30.11

w--~ 4 Doy 50.0" $ «1.1.9 5 Even ire 50.0% $ «11.9

' Nleht 50.0% $ «119 --su-7 IDov 75.0% $ 46.1&

• E..,.nr 75.0% $ 46.1&

' Nitht 75.0l6 $ 46.1& Pulllc: HG!May

10 Day 100.0% $ 53.51 11 Evon Ina 100.0% $ 53.51

u NIJht 100.0" $ 53.58

-~~~-Siolft-_ _.,

Onllaory--Doy -.ay-

~ 1 [Day 0.0% $ = !N--z E...- 12.5" $ 29.54

J Ni&ht 15.0% $ 30.2tl

W-od • SO~~Jrday 4 DIY 50.0% $ "'" 5 Evon In& 50.0% $ 39.39

' Nloht 50.0" $ 39.39 w..und. suocloy

7 f)_O'j' 75.0% $ 45.96

• E- 75.0% $ 45.96 t ...... 75.0l6 s 45.96 --110 Dov 100.0% $ 52.52 11 E_,q 100.0% $ 52.52 12 Ni&tlt 100.0% $ sz.sz

C:\Use,.\afrocaro\Documents\Nunlng Bue ond Shift Ratos All Regions FINAL Ju113.•1• 1/07/2013

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OOMI\IIERQAl.·IN<ONFIOENCL

At:r • Nunl• Shift Values

...,_1 "''IJJMd NU1115hlfl~ -.-ty

lll'diftiUY· -Doy P.-yRate

~

.....,liR......., ttuneshlft Valual

-~ Onllnory-_.,., ,_,lty_

Rltl(o)

...-s Rqlltlrod NumShlftv.lll• _ _.,

llldhoOIY· 1-lloy PalltyRite

"*'"' 1 Doy 0.'"' ~ st • .u URN IOIIRito 1 Day 0.0" ~ 1~:'".~ 12RNII18- 1 Day 0.0" iS ~.53

z Ewnl111 12.5" $ 41.21 1 EVtninl 12.5" $ 47.11 1 mnlno 12.5" $ 5&15 _ _ J Nl1ht 15.0" $ 44.17

Wlllolnd • 51-.,y I INloht 15.0% s 4UI

W-.d·Sotu....., s Ntcht 1~.0% $ -w-..d -Situnllw

4 ow 50.0% $ 57.6l 4 Doy SO.Ql' $ UJII 4 Doy 50.0% $ 7LCIO 5 E""!!!!!! --- 50.0% $ 57-'Z

' N~ so.'"' $ 57.52 s Ewnlno 50.0% $ UJII

' INicht 50.0% $ UJII ~- - Even !!!I 50.'"' - IS 7UID

5 - so.'"' l$ 7UID w--~ w-. 5tondllr w--5tondllr

~ Doy - 75.0% $ o .zz

• Even inc 7S.Ol' $ 67.Z2 7 DIY 75.0% $ 71.51 I Ewninl 75.0% $ n.,

7 Dov 75.0" $ u.u I EveninJ 75.0% $ ll.U

' NIJtrt 75.'"' $ 17.22 ' Nilht 75.0% $ 73.59 ' Nicht 75.0% $ 12.11 Public Holiday Public HoMdav Pubk HolldiV

Ill Day 100.0" $ 71i.R • D!Y 100.0% $ 14.111 Ill Dov 100.0% $ MM u EVW1inR lOO.oll $ - 11 ·~ 100.'"' 5 lUG u E-n 100.0% $ ""' u N~ 100,0% $ - u illllht 100.0% $ 14.111 11 Nflht 100.0% $ MM

!ftdonad Enl'llllod Nurse Shift-lilt Hourly

a..OIY--Diy -olltyR..., RotloCal

1 Doy_ 0.0% s v .ru UHIIH-1 Evtnl"l 12.5% $ ll.U s Nloht 15.'"' $ ll.R

Welblocl--4 Dov 50.0" $ 4U1 5 Evenlno 50.0% $ 41.51 6 Nltht 50.0% $ 4LS1

Woound - slllldoy 7 DIY 75.'"' l$ -• Even inc 75.0% $ 4IAZ J INWrt

PllblktiiiiiiW 75.0% $ 4IAZ

:Ill Doy 100.0% $ 55.J4 u !.Vonlnt 100.0" $ S5.J4 u Nllht 100.0" $ II.J4

BlfOIIelf Nune Shift voru. laM.-ty

OrllnlrY • ._.,.. ,......,_

Rno(sl 1 Dar_ . 0.0% $ Z1.21l ENIIIIRito 2 Evonlno 12.5% $ JO.&O 3 Nl&f>t 15.'"' $ 11.21

wo-.d-Sotu,., 4 iDoy 50.0% $ 40-10 s ~-- 50.0% ' -~ ~

w-:s;;diif· 50.0% ' -

7 Doy 75.0% $ .el'.iO I Ewnlnl 75.0% $ 47.50

' Nl•ht 75.0% $ 47.60 PubkHolltloY

10 Doy 100.'"' $ S4AO u EvoninJ 100.0% $ S4AO u NIJht 100.0% $ 54.40

C:\Users\afracaro\Documents\Nurslrq: Base and Shift Rates All ReJions ANALJur13.xls 1/07/2013

Page 51: [2013] FWCA 6642 · Federation Enterprise Agreement 2013. [1] An application has been made for approval of an enterprise agreement known as the Aspen Medical and Australian Nursing

ASPEN MEDICAL COMME~CIAL-IN-CONFIDENCE.

llatollllllfst8Nd .. _ Slolft Vllluos ..... Hourly

~--0.., PtMI!Iy-

bto(•)

.-z....-...-Siftv...oo ~~ Ordonory- - Doy ~-

..-s.....-N_Siolft __ --ly Oo*wtv--0..,

_,btl llate(sJ

1 o.y 0.0% ! s D.Q UIIN-- 1 0.., 0.0% $ 4UC 1 Day 0.0% s Cl.lll L3 RN Ills• Rate 2 Ellanlrw 12.5% $ 44.34 2 E- 12.5% $ 47.'10 2 E-..nlrlc 12.5" s 54.23 3 I~ 15.0% $ 45.32 J Nlcht 15.0% $ 41.76 3 Nilht 15.0% $ 55.43

Wotloend • S.twdw w.elcend _ _..., W--S11blrdly 4 Doy 50.0% $ 59.12 4 Day SO.O% $ U.IO 4 Day 50.0% $ n.3o 5 Evonlno 50.0% $ 59.12 s Eveni111 50.0% $ 63.60 s Eveninl: 50.0% $ 72.30 6 Nl ht 50.0% $ 59.12 I Nloht 50.0% $ 63.60 6 NWrt 50.0% s 72.30

WMklnd • S<mdiiY Weokend-SundiiY W-·Sundly 7 Day 75.0% $ 61U7 7 Day 75.0% $ 74.20 7 Day 75.0% $ 84.35 I Evonln& 75.0% $ 61.97 I Evoni111! 75.0% $ 74.20 8 Even in& 75.0% s 14.35 9 Nl ht 75.0% $ 68.97 9 Nlllht 75.0" $ 74.20 9 Nidlt 75.0% $ 84.35

PubUc HolldiiY Public HoBday. PublkHolldov 10 Dov 100.0% $ 78.82 10 Doy 100.0% $ 114.10 10 Day 100.0% $ 91.40 11 Evonln& 100.0% $ 78.82 11 Evonlnc 100.0% $ 114.80 11 Evening 100.0% .~ 91.40 12 Nlaht 100.0% $ 71.12 12 Nicht 100.0% l $ 114.80 12 Nicht 100.0% $ 96.40

~llllonod E-.'lcd NufHSIIIItvnb:a Bose"-'¥

OrdNrv- - Doy -.It¥- Rote(sJ 1 0.. 0.0% $ 'D$1 UN--2 [- 12.5!' $ 3L13 3 Nldlt 15.0% $ 3L82 ~-Siturdoy

4 10.. 50.011 $ 4Ul s Even!nc 50.0'J6 $ 4L51 I Mlht 50.011 $ 41.51

W-· SUIIdov 7 Doy 75.0% $ 411..42 I Evenil'\l 75.0% $ 411..42 9 INisht 75.0% $ 411.42

Public Ho!_ldly 10 Doy 100.0% $ 55.34 11 Evon Ina 100.0% $ 55.34 12 Nlaht 100.0% $ 55.34

~IIIOII..t "'"'"" Slllft v.::•• lose Hourly

Ordinlry--· D8y

Ponallty- -•·> 1 o.., 0.0% ~ 'D~

2 Eveninc 12.5% $ 30.60 J Nlcht 15.0% $ JLZI

WooloooMI - S.tw .... 4 Dil'( 50.0% $ 40.80 5 E"""irw 50.(1% $ 40.80 6 Nicht 50.0% $ 40.10 --Sunaot 7 0.., 75.0% $ 47.10

• Eveninc 75.0% $ 47.10

' Nicht 75.011 $ 47.10 , ..... ._.. 10 DOll 100.0% $ 54.40 11 Evonfnl 100.0% $ 54.40

12 Nl&ht 100.0% $ 54.40

C:\Usors\afracaro\Documonts\ Nunl"' Base and Shift Rates All Ro&lons FINAl Jul13.xls 1/07/2013

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ASPEN MEDICAL. CDMMERCIAL·IN-<:ONFIDENCE.

North Queensland- Nursing Slllft VaiUIIS

Lewell Rqllteled Nune Shift Values ....... ..., onrowy--,;;;- Ponollty - Roll(ol

.....,. J lloliltlred Nune Shift Velu• a. .. _.., Onllooory---o.r Ponollty Rttt

Rolllls)

IMJRect-edNurso5hlft,.,._ ._ .... .., omwv-- o.r - · ty-

Ro!ICII 1 lo.v 0~ $ 3M! U llllll,._ 1 Doy 0.016 -~ ..a.os U RN I -Rate 1 Ooy 0.0% I* - UIIH lllllllt. 2 EYonlnti 12.~ $ a.tt 2 -.. U.S" $ 47Jl z E-'"1 12.5" $ fi5JIO I Nllfrt 15.016 $ - I N~t 15.0% $ .... • ~ 15.0" $ 56.2Z

WHicond-s..- W-nd-Soturdn Wll-· Sotunlov 4 Day 50.0% $ 51.55 4 Do~_ 50.0% $ u .a. 4 Day 50.0" $ 73.34

5 E- -- 50.0" J$ 51.55 5 Even in& 50.0% $ 63.01 5 EwnJrw .. - 50.0% $ 73.34 I Nllht 50.0% $ 5LS5 w __ _, I Nilht 50.0% $ 13.01

Wetlcand-~ • INWII 50.0% $ 13.34

w.iol..nd -Suool-r 7 Day 75.0% $ 18.!0 1 Day 75.0% $ 1151 7 Day 75.0% $ 115.51

• Evenln1 -- 75.0% $ lll.llll

' Nfolrt 75.0% $ M.llll • Ev.nlrc 75.0" $ 73.511

' Nidlt 75.0% $ 73.511 • Evenll'lfl 75,0" $ -~ ' Nflht ]5.0" $

P111111< Holld11J Pobflc Hoii~-1Y PWkHGWIY Ill IDov 100.0% H - • Doy 100.0% $ l4.llll • lll8l. 100.0% Lj 97.'11 ll I~ 1~ $ 11.01 11 E...,lnti 100.0% $ 14.111 u IEYonlnti 100.0% i $ "-11 12 lM&ht 100.0% $ - u Nflht 100.0% $ M.UJ 12 INIIIrt 100.0% $ , ,71

Indorsed ERnHIICINurseShlft- _ _, onlolo~·-DIIf_

Pellellty-~

1 D•y 0.0% L1. :z1.38 E£N•osoRote z e...,,,.. 12.5" $ 30.10 I Nfl ht _:s.o" $ UM

~-sit..-4 Dov 50.0% $ 4UI7 5 EVon_.,._ 50.0% $ 41AI7

' ,..,, 50.0% $ 4UI7

w ooluond - SURdoy 7 D•v 75.0% _l$

~~ • EvonJrw 75.016 $

' .. ,lht 75.0% $ 47.9Z

l'llllllcllolldly 10 Day 100.0% $ 54.75 ll Evonfno 100.0% s 54.75 12 Nf ht 100.016 $ 54.75

Enrvfled NUIM Shift Vtlu• _ _,

Dnlillory- ....,. Dw PollalltyRoto

-~ 1 Day 0.0" :, cr:~"': EN Bite Rite l Evenfno 12.5" $ 2!1.-J

J Nishi 15.0% $ 3111.53 w.--~

4 IDrt 50.016 $ lfi.U

1-· s EYonfno 50.0% s M.U I Nfolrt so.Oi' $ 11.11

W--Sunlloy 7 Day 75.0% $ -• IE¥mfnl 75.0% $ -' NlLht 75.0% $ -l'llllfk:-.. Ill D•y 100.0% $ 53.UJ

~- Even Ina 100.0% $ 53.10

u Niolrt 100.0" $ S3.UJ

C:\Us.,.\afrac:aro\Doouments\Nurohlll a .. cand Shift Rateo WAGGA FINALJufUm 1/07/2013

Page 53: [2013] FWCA 6642 · Federation Enterprise Agreement 2013. [1] An application has been made for approval of an enterprise agreement known as the Aspen Medical and Australian Nursing

ASPEN MEDICAL COMMERCIAL·IN.CONFIDENCE.

South Queensland • Nurslna Shift \I~II!('MI

1/loml ~ Roetnered Nurse Shin VII-lllseHourty

Ordinory • susonoss Dey Penallty Rate

lllle(s)

l.t,u<ll2 Aelf-NutMSblr:Veluet lllse Hourly

Ordinory • llusonea Doy Penallty Aatll

Rste(s)

t8MI J fllllllllld Nu;,o Shlr.: 1/11101\C< Jose Hourly Ordinary· Bolin ... Day

PenolltyRate Rate(s)

1 Day 0.0% $ !ll.:l!l U RN BISI Rate 1 Day 0.0% $ 'l:!.CS L2RNIIIseRab! 1 Day 0.0% $ (0.15 13 AN lll5e Rate

2 Even inc 12.5% $ 43.91 z Evenlne: 12.5% $ 47.31 z Evening 12.5% $ 54.73

3 Night 15.0% $ 44.88 3 Night 15.0% $ 48-3& 3 Nllht 15.0% $ 55.95

WHkend • Sabmlay Woekend • S.turdny Weeloentl-Soturdoy 4 Day 50.0% $ 58.55 4 Day 50.0% $ 63.08 4 Dav 50.0% $ 72.98

5 Evenino 50.0% $ 58.55 5 E'veni.,. 50.0% $ 63.08 5 Evening 50.0% $ 72.91

I Night 50.0% $ 58.55 I Nl&ht 50.0% $ 63.08 6 Ni&lot 50.0% $ 72.98

Weehnd - Sundoy Wlllcond·Sunday WHkond·SundiY 7 Day 75.0% $ 68.30 7 Day 75.0% $ 73.59 7 Day 75.0% $ 85.14

8 Evenlnc 75.0% $ 68.30 I Evening 75.0% $ 73.59 I Even in& 75.0% $ 85.14 9 Night 75.0% $ 68.30 9 Nllht 75.0% $ 73.59 9 Nisht 75.0% $ 85.14

Public Holldny PubllcHolldov Public Holld"'f 10 Dav 100.0% $ 78.0G 10 Day 100.0% $ 8·4.10 10 Day 100.0% $ 97.30 11 Eveni11111 100.0% $ 78.0G 11 EVonlnt 100.0% $ 84.10 11 Evenin& 100.0% $ 97.30

12 Ni1ht 100.0% $ 78.06 1Z Night 100.0% $ 84.10 1Z Nl ht 100.0% $ 97.30

llldonecl Eiuollc Nurse Shill VI lues PenolltyRste

Bose Hourly Ordlnory. Bus"'"" Ply Rstll(s)

1 Day 0.0% $ 2I.E UNIIIseRote 2 Evenin1 12.5% $ 32.4& 3 Nieht 15.0% $ 33.18

WHiwld-s-nlay 4 Day 50.0% $ 43.28 5 Evening 50.0% $ 43.28 & Nl«ht 50.0% $ 43.28

Weekend - Sundoy 7 f)ay 75.0% $ 50.49 8 Evl!f"'iAJ 75.0% $ 50.49 9 Nicht 75.0% $ 50.49

Public:Holidav 10 Day 100.0% $ 57.70 11 Evenin1 100.0% $ 57.70 12 Night 100.0% $ 57.70

E•rolbd i11Ur11 ShN'I VntJOO Penollty Rate

8110Hourly Onfmlry ... lus1ness Day Rotll(s)

1 Day 0.0% ~ :!0.5!1 z Evening 12.5% $ 29.87 3 Night 15.0% $ 30.53

Weehnd- S.!Und"'f . 4 Day 50.0% $ 39.83 5 Evenilll 50.0% $ 39.83 I Ni1ht 50.0% $ 39.83

W.......,d · Sunday 7 Dav 75.0% $ 4&A6

I Even inc 75.0% $ 4&A6

9 Nl«ht 75.0% $ 4&A6

Public Holiday 10 Day 100.0% $ 53.10 11 EVonlnt 100.0% $ 53.10 1Z Night 100.0% $ 53.10

C:\Users\afracaro\l>ccuments\l'lurslng Base and Shift Rates WAGGA FINALJui13.Jds 1/07/2013

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Schedule B - Classification Definitions

Enrolled Nurse (ENl (without notation)

Overview:

Under the direction and supervision of a Registered Nurse, the EN is responsible for the delivery of clinical care in accordance with applicable professional standards, legislation, the employers and/or the Australian Defence Force (ADF) Credentialing criteria, Policies and Procedures, and in accordance with relevant Laws.

Mandatory Qualifications and Experience:

• Enrolled Nurse Certificate or Certificate IV in Health (Enrolled Nursing); and • Current unconditional registration with the Australian Health Practitioner Regulation

Agency (AHPRA).

Endorsed Enrolled Nurse (EEN) (with notation)

Overview:

Under the direction and supervision of a Registered Nurse, the EEN is responsible for the delivery of clinical care in accordance with applicable professional standards, legislation, the employer's and/or the Australian Defence Force (ADF) Credentialing criteria, Policies and Procedures, and in accordance vvith ielevant Laws.

Mandatory Qualifications and Experience:

• Enrolled Nurse Certificate or Certificate IV in Health (Enrolled Nursing); and • Current unconditional registration with the Australian Health Practitioner Regulation

Agency (AHPRA); and • If the enrolled nurse registered prior to 2008, they must have a Board approved

qualifications in an administration of medication course. • Post 2008, this is incorporated into Health Training Package for AHPRA registration. • Medication administration does not extend to intravenous, intrathecal or epidural

routes.

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Registered Nurse fRNl Level 1

Overview:

The Registered Nurse (RN) Level 1 is responsible for the delivery of clinical care to Entitled Personnel in accordance with applicable professional standards, legislation, the employer's and/or the Australian Defence Force (ADF} Credentialing criteria, Policies and Procedures, and in accordance with relevant Laws.

This Level provides the standard clinical care in an on-base ward, clinic or unit but does not involve specialist knowledge or practice.

Mandatory Qualifications and Experience:

•· Registered Nurse, holding a current unconditional registration with the Australian Health Practitioner Regulation Agency (AHPRA}.

Registered Nurse (RN) Level 2

Overview:

The Registered Nurse (RN} Level2 is responsible for the delivery of high quality evidence based clinical services in accordance with professional standards and legislation, and the employer's and/or the Australian Defence Force (ADF) Credentialing criteria, Policies and Procedures.

This Level requires additional qualification and/or skill, usually in the provision of a specialty area of nursing (e.g. surgery, women's health, respiratory health, diabetes etc.) and while the nurse will be required to perform some Level 1 duties, the specialty area may form the substantive role. At Level2 the nurse may be required to work in a clinic or multi-disciplinary team environment. Access to this level is by appointment only.

Mandatory Qualifications and Experience:

Registered Nurse, holding a current unconditional registration with the Australian Health Practitioner Regulation Agency (AHPRA).

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Registered Nurse (RN) Level 3

Overview:

The Registered Nurse (RN) Level 3 is responsible for adhering to the competencies, guidelines and codes of professional standards as detailed by the Australian Health Practitioner Regulating Agency (AHPRA).

In addition, the RN Level 3 will abide by the appropriate employer's and/or Australian Defence Force (ADF) Credentialing criteria, Policies and Procedures, legislative requirements and clinical governance directives within their area of responsibility.

This Level involves a high degree of clinical nursing knowledge and or nurse management skill and will usually involve an RN2 who practices independently or a Nurse Co-ordinator of a site. Access to this level is by appointment only.

Mandatory Qualifications and Experience:

• Registered Nurse, holding a current unconditional registration with the Australian Health Practitioner Regulation Agency (AHPRA).

Aspen Medical and Austmllan Nursing & Mldwlfety Federation Enterprise Agreement 2013

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Schedule C - Long Service Leave

Jurisdiction

New South Wales

Victoria

Queensland

South Australia

Western Australia

Tasmania

Australian Capital Territory

Northern Territory

Legislation or Award

NSW Long Service Leave Act 1955 (two months leave after 1 0 years)

Nurses (Victorian Health Services) Award 2000 (26 weeks after 15 years, accessible after 1 0 years only)

Industrial Relations Act 1999 (8.6667 weeks on full pay after each period of 1 0 years continuous service,)

Long Service Leave Act 1987 (13 weeks leave after 1 0 years of service)

Long Service Leave Act 1958 (8% weeks of paid leave after 1 0 years of continuous employment.)

Long Service Leave Act 1976 (8% weeks of paid leave after 10 years of continuous employment.)

Long Service leave Act 1976 (1/5 of a month's leave for each year of service, accessible after seven years)

Long Service Leave Act 1987 {13 weeks leave after 10 years of service)

Aspen Medical and Australian Nursing & Midwifery Federation Enterprise Agreement 2013

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Schedule D- List of eligible shift working DOHS worksites

1. Albatross Health Centre

2. Albury-Wodonga Health Centre

3. Cerberus Health Centre

4. Duntroon Health Centre

5. Edinburgh Health Centre

6. Enoggera Health Centre

7. Holsworthy Health Centre

8. Kapooka Health Centre

9. Lavarack Health Centre

10. Puckapunyal Health Centre

11. Richmond Health Centre

12. Robertson Health Centre

13. Wagga Health Centre

Aspen Medical and Austrai/Qn Nursing & Mldwlfety Federation Enterprise Agreement 2013

Page 59: [2013] FWCA 6642 · Federation Enterprise Agreement 2013. [1] An application has been made for approval of an enterprise agreement known as the Aspen Medical and Australian Nursing