ORDER

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Item 4 Sch. 6—Modern enterprise award

Indian Ocean Territories Administration - the Department of Infrastructure and Regional Development
(EM2013/100)

CHRISTMAS ISLAND ADMINISTRATION AWARD 2003
[AP823234]

Enterprise instrument modernisation – modern enterprise award – made Christmas Island Administration Enterprise Award 2016.

1. Further to the decision issued in transcript by the Fair Work Commission on 23 May 2016, the following modern enterprise award is made:

Christmas Island Administration Enterprise Award 2016.

2. The award is attached.

3. The Christmas Island Administration Award 2003 [AP823234] is terminated pursuant to item 9(2)(a) of Schedule 6 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009.

4. This order comes into effect on 23 May 2016.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code J>

Christmas Island Administration Enterprise Award 2016

Table of Contents

Part 1— Application and Operation 3
1. Title and commencement 3
2. The National Employment Standards and this award 3
3. Coverage 3
4. Award flexibility 4
5. Facilitative provisions 5
Part 2— Types of Employment and Classifications 6
6. Types of employment 6
7. Classifications 7
Part 3— Hours of Work 8
8. Hours of work and rostering 8
9. Breaks 9
Part 4— Wages and Allowances 9
10. Minimum Wages 9
11. Allowances 13
12. Superannuation 19
Part 5— Penalties and Overtime 20
13. Penalty rates – shift workers 20
14. Overtime 20
Part 6— Leave, Public Holidays and other entitlements 23
15. Annual leave 23
16. Personal/carers’ leave and compassionate leave 27
17. Public holidays 29
18. Community service leave 29
19. Parental leave 30
20. Termination of employment 30
21. Redundancy 31
Part 7— Consultation and Dispute Resolution 33
22. Consultation regarding major workplace change 33
23. Dispute resolution 34
Schedule A – Classification Definitions 36
Schedule B —Summary of hourly rates of pay 59
Schedule C —Summary of Monetary Allowances 71
Schedule D —Supported Wage System 73
Schedule E —National Training Wage 76
Schedule F —Definitions 85

Part 1—Application and Operation

1. Title and commencement

1.1 This award is the Christmas Island Administration Enterprise Award 2016.

1.2 This award commences on 23 May 2016.

1.3 This award supersedes the Christmas Island Administration Award 2003. The replacement of the predecessor award by this award does not affect any right or liability that a person acquired, accrued or incurred under the predecessor award.

1.4 Schedule F—Definitions sets out definitions that apply in this award.

1.5 The monetary obligations imposed on the employer by this award may be absorbed into overaward payments. Nothing in this award requires an employer to maintain or increase any overaward payment.

1.6 The making of this award is not intended to result in a reduction in the take-home pay of employees covered by the award. On application by or on behalf of an employee who suffers a reduction in take-home pay as a result of the making of this award or the operation of any transitional arrangements, the Fair Work Commission may make any order it considers appropriate to remedy the situation.

2. The National Employment Standards and this award

2.1 The National Employment Standards (NES) and entitlements in this award contain the minimum conditions of employment for employees covered by this award.

2.2 The employer must ensure that copies of this award and the NES are available to all employees to whom they apply.

2.3 Where this award refers to a condition of employment provided for in the NES, the NES definition applies.

3. Coverage

3.1 Enterprise

The enterprise to which this modern award relates is the enterprise that constitutes the Indian Ocean Territories Administration, established to administer the Minister’s responsibilities on Christmas Island.

3.2 Employer

This enterprise award covers the Minister for the time being administering the Territory of Christmas Island or the appointed delegate of the Minister in respect of employees covered by this award.

3.3 Employees

This award applies to all of the Minister’s employees on Christmas Island who are employed in a classification in this award, except those persons engaged under a Conditions of Service (Australia Based) Determination.

3.4 Organisations

This award covers the Union of Christmas Island Workers.

4. Award flexibility

4.1 Notwithstanding any other provision of this award, an employer and an individual employee may agree to vary the application of certain terms of this award to meet the genuine individual needs of the employer and the individual employee. The terms the employer and the individual employee may agree to vary the application of are those concerning:

(a) arrangements for when work is performed;

(b) overtime rates;

(c) penalty rates;

(d) allowances; and

(e) leave loading.

4.2 The employer and the individual employee must have genuinely made the agreement without coercion or duress. An agreement under this clause can only be entered into after the individual employee has commenced employment with the employer.

4.3 The agreement between the employer and the individual employee must:

(a) be confined to a variation in the application of one or more of the terms listed in clause 4.1; and

(b) result in the employee being better off overall at the time the agreement is made than the employee would have been if no individual flexibility agreement had been agreed to.

4.4 The agreement between the employer and the individual employee must also:

(a) be in writing, name the parties to the agreement and be signed by the employer and the individual employee and, if the employee is under 18 years of age, the employee’s parent or guardian;

(b) state each term of this award that the employer and the individual employee have agreed to vary;

(c) detail how the application of each term has been varied by agreement between the employer and the individual employee;

(d) detail how the agreement results in the individual employee being better off overall in relation to the individual employee’s terms and conditions of employment; and

(e) state the date the agreement commences to operate.

4.5 The employer must give the individual employee a copy of the agreement and keep the agreement as a time and wages record.

4.6 Except as provided in clause 4.4(a) the agreement must not require the approval or consent of a person other than the employer and the individual employee.

4.7 An employer seeking to enter into an agreement must provide a written proposal to the employee. Where the employee’s understanding of written English is limited the employer must take measures, including translation into an appropriate language, to ensure the employee understands the proposal.

4.8 The agreement may be terminated:

(a) by the employer or the individual employee giving 13 weeks’ notice of termination, in writing, to the other party and the agreement ceasing to operate at the end of the notice period; or

(b) at any time, by written agreement between the employer and the individual employee.

NOTE: If any of the requirements of section 144(4), which are reflected in the requirements of this clause, are not met then the agreement may be terminated by either the employee or the employer, giving written notice of not more than 28 days (see section 145 of the Fair Work Act 2009 (Cth)).

4.9 The right to make an agreement pursuant to this clause is in addition to, and is not intended to otherwise affect, any provision for an agreement between an employer and an individual employee contained in any other term of this award.

5. Facilitative provisions

5.1 This award also contains facilitative provisions which allow agreement between an employer and employees on how specific award provisions are to apply at the workplace or section or sections of it.

5.2 Facilitative provisions in this award are contained in the following clauses:

Clause	Provision	Agreement between employer and:
8.2	Span of hours	The majority of employees in the section(s)
8.4	Make up time	The majority of employees at a workplace
8.5	Rostered days off	The majority of employees at a workplace
15.10	Annual leave	The majority of employees

5.3 Where the employer proposes to use the facilitative provision in clause 8.4 or 8.5:

(a) the employer shall notify the Union and provide the Union with reasonable opportunity to participate in the negotiations; and

(b) the agreement reached to operate a system of make-up time or rostered days off shall be recorded in the time and wage records.

Part 2—Types of Employment and Classifications

6. Types of employment

6.1 An employee shall be engaged as a permanent employee, a fixed term employee or a casual employee.

6.2 Permanent or fixed term employees may be engaged on a full-time or part-time basis.

6.3 Full-time employees

(a) A full-time employee is engaged to work:

(i) 36.75 ordinary hours per week (for an Administrative Service Officer); or

(ii) 38 hours per week or an average of 38 hours per week over a roster cycle (for all other employees).

6.4 Part-time employee

(a) A part-time employee:

(i) is an employee engaged to ordinarily work for a lesser number of hours than an employee engaged on a full-time basis; and

(ii) receives, on a pro rata basis, pay and conditions equivalent to those of full-time employees who do the same kind of work.

(b) A part-time employee will be paid, for each hour worked in excess of the employee's ordinary hours and less than 36.75 hours per week (for an Administrative Service Officer) or 38 hours per week (for other employees), the employee's ordinary hourly rate.

6.5 Casual employees

(a) A casual employee is an employee who is engaged on an hourly basis under one or more short term contracts to cater for the absence of other employees, or where unexpected or unusual circumstances have arisen or where it would not be reasonable for the work to be done on any other basis.

(b) The following provisions of this award do not apply to casual employees:

(i) clause 15– Annual leave;

(ii) clause 17 – Public holidays; and

(iii) clause 11.6 – District allowance; and

(iv) clause 11.8 – Annual leave airfares

(v) clause 16 – Personal/carer's leave

(vi) clause 21 – Redundancy

6.6 Casual loading

(a) For each ordinary hour worked, a casual employee must be paid:

(i) the ordinary hourly rate; and

(ii) a loading of 25% of the ordinary hourly rate,

for the classification in which they are employed.

(b) The casual loading is paid instead of annual leave, paid personal/carer’s leave, redundancy benefits and the other conditions of full-time or part-time employment.

7. Classifications

7.1 An employee shall be appointed to a classification level specified in Schedule A- Classification Descriptions, which also includes a description of the classifications under this award.
Part 3—Hours of Work

8. Hours of work and rostering

8.1 Ordinary hours of work – employees other than shift workers

(a) The ordinary hours of work for a full-time employee will be:

(i) for Administrative Service Officers, 36 hours 45 minutes per week to be worked from Monday to Friday, of not more than 7 hours 21 minutes each day between 7.00 a.m. and 6.00 p.m.

(ii) for other employees, 38 hours per week or an average of 38 hours per week over a cycle, the hours to be worked between 7.00 a.m. and 6.00 p.m. Monday to Friday.

8.2 The span of hours may be altered by agreement between the employer, and the majority of employees in the section(s), subject to a 10 hour span for individual employees and a 12 hour span for individual sections, by agreement between the employer and the majority of employee concerned.

8.3 The times of attendance of all employees shall be recorded daily at such places and in such a manner as the employer directs.

8.4 The employer and the majority of employees at a workplace may agree to establish a system of make-up time whereby employees may take time off during the weekly hours of duty and make up those hours at some later time.

8.5 The employer and the majority of employees at a workplace may agree to establish a system of rostered days off whereby employees work longer hours each day during the weekly hours of duty and take a day off at some later time in the cycle.

8.6 With the consent of the employer, an employee may:

(a) take a rostered day off at any time; or

(b) take rostered days off in part day amounts; or

(c) accrue some or all rostered days off for the purpose of creating a bank to be drawn upon at times mutually agreed, or where agreement cannot be reached, when chosen or directed to be taken by the employee or the employer on the giving of reasonable notice.

8.7 Ordinary hours of work – shift workers

(a) Shift worker is defined in Schedule F – Definitions of this award.

(b) The hours of duty for full-time shift workers, are 80 hours per fortnight, to be worked so that wherever reasonably practicable:

(i) no more than five shifts a week or ten shifts a fortnight are worked; and

(ii) except when a regular changeover of shift occurs, no employee works more than one shift in each 24 hour period.

(c) The employer shall establish the method of operating shifts and the commencing and finishing times for the hours of duty on each shift.

(d) A shift worker shall be provided with a roster showing the days and the commencing and finishing time of the hours of duty of each shift in the roster period.

(e) The employer may alter the method of operating shifts and the rostered commencement and finishing times for the hours of duty by giving the employees 72 hours written notice of any changes.

(f) Where the employer fails to give 72 hours written notice of a change in rosters, all time worked on the replacement roster shall be overtime until the 72 hours' notice period has expired.

(g) An employee who is to become a shift worker shall have ten continuous hours break from work prior to commencement of shift work. Where required the employee shall be allowed time off work without loss of pay to ensure that there has been a ten continuous hours break.

(h) A shift worker shall remain at their place of duty until relieved by an oncoming employee. If not relieved within fifteen minutes of the shift changeover time the employee shall remain on duty until suitable relief is arranged.

(i) If the employee is not relieved within the fifteen minutes then all time worked in excess of the employee’s rostered shift shall be deemed to be overtime. Time taken to change shifts up to the fifteen minutes shall not be paid, nor shall the oncoming shift employee lose pay.

9. Breaks

9.1 An employee who is not a shift worker shall be given an unpaid meal break of not less than 30 minutes and not more than one hour each day.

9.2 An employee who is not a shift worker shall not be required to work for more than five hours without a meal break unless there are exceptional circumstances that delay the taking of a meal break.

9.3 Subject to operational needs, a shift worker shall not be required to work more than five hours without a twenty minute meal break which shall be counted as time worked. Meal breaks are to be taken in a manner that ensures continuous operations are not interrupted.

Part 4—Wages and Allowances

10. Minimum Wages

10.1 Employees performing work within the classifications listed in clause 10.3 will be paid not less than the hourly rate applicable to the employee’s classification level.

10.2 Employees shall be paid fortnightly by direct deposit into an employee’s nominated account with an Australian financial institution.

10.3 The minimum annual salary for a classification is calculated by reference to the following apportionment formula:

Annual salary = Minimum hourly pay rate x Hours per fortnight x (313/12)

10.4 The minimum hourly pay rate for each adult employee performing work in the following classifications (other than employees covered by clause 10.4) is set out in the following table.

10.5 Juniors

Employees under 21 years of age and who are employed in the Administrative Service Officer Level 1 (ASO 1) classification will be entitled to a percentage of the applicable adult minimum hourly pay rate as follows:

10.6 Higher duties

Where an employee is called upon to perform the full or partial duties of a higher level position for a period in excess of four hours on any day or shift, the employee shall be paid the salary appropriate to the position for that period or, where only part of the duties are performed, such proportion of it as corresponds to the proportion of the full higher level duties performed.
10.7 Supported wage system
See Schedule D
10.8 National training wage
See Schedule E

11. Allowances

11.1 The employer must pay to an employee such allowances as the employee is entitled to under this clause. See Schedule C for a summary of monetary allowances.

11.2 Application of allowances
Unless otherwise specified in this clause 11, allowances:

(a) in clauses 11.6 (District Allowance) and 11.10 (Interpreting Allowance) will be included when calculating an employee's ordinary hourly rate; and

(b) other than those specified in 11.2(a), are not included in an employee's ordinary hourly rate (and therefore do not affect the calculation of penalties or overtime rates); and

(c) in clauses 11.6 and 11.10 will be paid during paid annual leave, personal/carer's leave or any other approved form of paid leave (but not paid during any form of unpaid leave); and

(d) other than those specified in 11.2(a) will not be paid during annual leave, personal/carer's leave or any other approved form of leave; and

(e) are cumulative (that is, an employee can be paid more than one allowance).

11.3 Removal allowance – off island engagement

(a) Where an employee is engaged from outside the Island, the employer shall reimburse the employee for the costs of travel of the employee, the employee’s spouse and the employee’s dependants from the place of engagement to the Island.

(b) On termination of employment of an employee engaged from outside the Island, the employer shall reimburse the employee for the costs of travel of the employee, the employee’s spouse and the employee’s dependants from the Island to the place of engagement.

(c) The costs of travel of the employee under this clause shall include the cost of up to 11.5 kilograms of excess baggage for the employee and each dependant of the employee for whom an airfare is paid.

(d) An employee shall be reimbursed the reasonable costs incurred for accommodation and meals during any unavoidable breaks of journey when proceeding to take up duty on the Island and when returning to the place of engagement upon termination of employment.

(e) The employer shall reimburse the employee for the costs of removal of a reasonable amount of an employee’s furniture and personal effects (excluding motor vehicles) from the place of engagement to the Island on engagement and from the Island to the place of engagement or some other place of equal or lesser distance as the employer approves, on termination of employment.

(f) On engagement, the employer shall reimburse the employee for the costs of removal of an employee’s household furniture from the place of engagement to storage.

(g) On termination of employment, the employer shall reimburse the employee for the costs of removal of the employee’s household furniture from storage to the place of engagement.

(h) During the period of employment, the employer shall reimburse the employee for the storage charges for the household furniture that is so stored.

(i) The employer shall indemnify the employee up to a maximum of $73,094.15 in respect of any one removal, against any loss or damage to furniture or personal effects (excluding motor vehicles) removed or stored at the employer’s expense under this clause.

(j) Disturbance allowance

An employee engaged from off Island who is engaged for at least twelve months continuous service shall be paid a single payment of disturbance allowance:

(i) For an employee without dependants - $492.35.

(ii) For an employee with spouse or one or more dependants - $1,030.21.

(iii) Additional amount for each full-time student dependant - $195.84.

(k) An employee engaged from off Island shall be compensated for loss on sale (if any) of one motor vehicle on the Australian mainland provided:

(i) the employee was engaged on the Australian mainland;

(ii) the employee completes at least nine months continuous service;

(iii) the motor vehicle belongs to the employee or a dependant who transfers with the employee; and

(iv) the amount of compensation does not exceed $1,792.88.

(l) An employee shall not be compensated unless the employee has made reasonable endeavours to dispose of the vehicle without incurring a loss.

(m) In determining whether the employee has made reasonable endeavours the employer may take into consideration:

(i) the timing and extent to which the employee advertised the vehicle for sale;

(ii) the manner in which the employee sought to dispose of the vehicle;

(iii) the nature and extent of offers made for the vehicle;

(iv) particulars of the sale effected by the employee; and

(v) any other extenuating circumstance.

(n) The employer shall make arrangements to reimburse the employee in respect of expenses incurred under this clause in a manner that will not involve the employee having to incur the expenses in advance of being reimbursed for them.

11.4 Removal allowance – on island engagement

(a) Upon termination of employment of an employee whose place of engagement was Christmas Island, the employer shall reimburse the employee for the cost of removal of a reasonable amount of household furniture and personal effects (excluding motor vehicles), from Christmas Island to either Perth, Singapore or Malaysia, provided the employee:

(i) commenced duty with the employer prior to 1 January 1991; and

(ii) was not a former employee of the Phosphate Mining Company of Christmas Island Ltd who received an airfare pursuant to their 1987 redundancy entitlements; and

(iii) departure occurs within six months of completion of engagement of the employee.

(b) The employer shall make arrangements to reimburse the employee in respect of expenses incurred under this clause in a manner that will not involve the employee having to incur the expenses in advance of being reimbursed for them.

11.5 Travelling allowance

(a) An allowance in respect of accommodation, meals and incidental expenses shall be paid to an employee who undertakes travel on approved official business and is required to be absent overnight from the employee’s usual place of work.

(b) The daily travelling allowance for accommodation shall be as follows:

Place	Daily amount ($)
Adelaide	$126.88
Brisbane	$140.67
Canberra	$113.09
Cocos Island	$155.15
Darwin	$139.29
Hobart	$100.68
Melbourne	$179.29
Perth	$135.16
Sydney	$169.63

(c) The travelling allowance for meals and incidental expenses shall be as follows:

	Daily amount ($)
Breakfast	$22.14
Lunch	$24.69
Dinner	$42.48
Incidental expenses	$17.52

(d) Where the employer is satisfied that the allowance is insufficient for or in excess of expenses, an alternative amount equal to reasonable expenses incurred shall be paid.

(e) Where practicable, the allowance shall be paid prior to undertaking the travel.

(f) The allowance for an employee required to be off Island on official business for more than ten hours but not overnight shall be $45.51.

(g) Where an employee has resided in the off Island locality on official business for a period of 21 days, the employee shall be paid an allowance equal to the amount expended on accommodation, meals and incidentals, or an amount considered to be reasonable in the circumstances.

(h) An employee who is travelling to a place of work off Island in anticipation of permanent transfer to that place of work, and who has been advised in writing that the transfer is to be made permanent, shall not receive travelling allowance during employment at that place of work.

11.6 District allowance

(a) An employee, other than a casual employee, shall be paid a district allowance in accordance with this clause.

(b) The annual rate of district allowance is as follows:

(i)	For an employee without eligible dependants	$5,323.46
(ii)	For an employee with one or more eligible dependants	$8,605.80

When calculating an employee's ordinary hourly rate, district allowance (if payable) will be included.

(c) An employee with a spouse who is also entitled to payment of district allowance shall be paid the rate of district allowance applicable if the employee did not have a dependant.

(d) The district allowance shall be paid fortnightly.

11.7 Education allowance

(a) Where a dependent child of an employee is required to attend a mainland Australian institution to undertake secondary schooling beyond the level of secondary schooling available on Christmas Island the employee shall be paid an education allowance in accordance with this clause.

(b) To be entitled to payment the employee shall make application for benefits from the Commonwealth ‘Assistance for Isolated Children’ scheme (the Commonwealth scheme) or any similar scheme implemented in replacement for the Commonwealth scheme.

(c) Where the employee satisfies the employer that an application for benefits under the Commonwealth scheme has been refused or that the benefit granted is less than the amount prescribed in 11.6(b), the employer shall grant an education allowance to the employee.

(d) The education allowance shall be 70% of the fees for boarding at a recognized boarding school, guest house, hostel or other boarding establishment up to a maximum in any one year of $8,615.91. The allowance shall be paid on application.

(e) The total education allowance paid to the employee from the Commonwealth scheme and the employer shall not exceed the education allowance prescribed in 11.7(d).

(f) A child in respect of whom an education allowance is granted shall be entitled, in each school year, to two return fares (at economy standard, or where applicable at student concession rates) between Perth and Christmas Island.

11.8 Annual leave airfares

(a) An Annual leave airfare allowance will be paid to an employee, other than a casual employee, who:

(i) lives on the Island;

(ii) has completed a year of continuous service;

(iii) is entitled to paid annual leave in accordance with clause 15; and

(iv) lodges a claim for payment in accordance with approved procedures.

(b) Definition

The annual leave airfare allowance is that sum which after withholding tax at the highest marginal Pay As You Go (PAYG) tax rate, including the Medicare levy, has been deducted, will give the employee a minimum net sum that is the cost of a return airfare from Christmas Island to Perth for the employee and any eligible dependant calculated as of the 1 January each year. The allowance is payable at end of each 12 months' continuous service. Example methods of calculation of airfares are provided at Schedule F—Definitions.

(c) A part-time employee is entitled to the proportion of the allowance that the average weekly hours worked by the employee bears to the average weekly hours worked by a full-time employee in the same position.

(d) An employee who has a spouse or dependant who is entitled to receive an annual leave airfare, howsoever described, from his or her employer or any other source shall not be entitled to claim any portion of this allowance in respect of that spouse or dependant.

(e) An employee whose spouse ordinarily resides with the employee, but who is temporarily residing off Island in order to be with the children of the employee while one or more of them is attending Year 11 or 12 schooling or undertaking full-time tertiary studies in Australia ordinarily resides with the employee for the purposes of this clause. A dependant child who resides with the spouse during such temporary off island residence also ordinarily resides with the employee for the purposes of this Schedule.

(f) The allowance for the employee’s eligible dependants shall be paid only when the employee makes application for payment and demonstrates the eligibility of the dependant.

(g) An employee who intends to claim the allowance for eligible dependants shall notify the employer by the end of April each year of the identity of the eligible dependants and provide evidence of their eligibility.

(h) An employee shall lodge an amended notification at any time if there are any changes in the employee’s dependants or their eligibility.

(i) An employee shall make application for payment of the allowance for eligible dependants within twelve months of the employee becoming entitled to the allowance.

(j) The employer shall notify each employee each year of the date the employee becomes eligible for the allowance and that the employee must make a claim for the eligible dependants within twelve months of that date or lose the entitlement to the allowance for the eligible dependants.

(k) An employee is not entitled to pro-rata payment for less than a complete year of continuous service.

11.9 Compassionate leave airfares

(a) Where an employee has been granted compassionate leave or other leave for the purposes of a bereavement and must leave the Island to take that leave, the employer shall pay for the cost of return airfares at the lowest cost economy class airfare available on the date of travel for the employee or the employee's spouse from Christmas Island to Perth or another destination of equal or lesser cost.

11.10 Interpreting allowance

(a) An annual interpreting allowance shall be paid to an employee where the employee is able to communicate effectively in English as well as in a community language other than English, and the employee is required by the employer to perform interpreting and/or translating duties in the normal performance of their duties, on a continuing basis.

(b) The interpreting allowance shall be $789.44 per year.

12. Superannuation

12.1 Superannuation legislation

(a) Superannuation legislation, including the Superannuation Guarantee (Administration) Act 1992 (Cth), the Superannuation Guarantee Charge Act 1992 (Cth), the Superannuation Industry (Supervision) Act 1993 (Cth) and the Superannuation (Resolution of Complaints) Act 1993 (Cth), deals with the superannuation rights and obligations of employers and employees. Under superannuation legislation individual employees generally have the opportunity to choose their own superannuation fund. If an employee does not choose a superannuation fund, any superannuation fund nominated in the award covering the employee applies.

(b) If an employee is a member of the Commonwealth Superannuation Scheme, the Public Sector Superannuation Scheme, the Public Sector Superannuation Accumulation Plan or covered by the Superannuation (Productivity Benefit) Act 1988 their employer superannuation contributions will be in accordance with relevant legislation relating to those arrangements.

(c) If a permanent or temporary employee is a member of an accumulation fund not set out in clause 12.1(b), the rate of contribution will be 15% of the employee's ordinary time earnings, as defined in the Superannuation Guarantee (Administration) Act 1992.

(d) If a casual employee is a member of an accumulation fund not set out in clause 12.1(b), the rate of contribution will be in accordance with the charge percentage set out in section 19(2) of the Superannuation Guarantee (Administration) Act 1992, or any subsequent legislation.

Part 5—Penalties and Overtime

13. Penalty rates – shift workers

13.1 A shift worker will be paid the following penalty rates for all ordinary hours worked by the employee during the following periods.

Ordinary hours worked:		Penalty rate	Casual penalty rate
Ordinary hours – no penalty rate	see clause 8.3	Ordinary hourly rate (100%)	Ordinary hourly rate plus casual loading (125%)
Night	Where the shift begins or ends before 7:00 am or after 6:00 pm, Monday to Friday	115%	140%
Saturday	All hours on a Saturday	150%	175%
Sunday	All hours on a Sunday	200%	225%
Public holiday	All hours on a public holiday	250%	275%

13.2 Penalty rates are not payable for overtime hours worked by the employee.

13.3 A shift extending through midnight shall be regarded as having been worked on the day on which the major portion of the shift falls. Where a shift is equally divided by midnight, it shall be regarded as having been worked on the day on which it commenced.

14. Overtime

14.1 Definition of overtime – employees other than casuals and shift workers

(a) Work will be considered overtime for an employee (other than a shift worker, casual or an excluded employee) where the employee is directed to perform work:

(i) Monday to Friday, outside 7:00 am to 6:00 pm;

(ii) Monday to Friday, inside 7:00 am to 6:00 pm but in excess of

• 36.75 hours per week (for Administrative Service Officers); or
• 38 hours per week (for other employees); or

(iii) on a Saturday, Sunday or public holiday.

14.2 Definition of overtime - Casual employees who are not shiftworkers

(a) Work will be considered overtime for a casual (other than a casual shiftworker or an excluded employee) where the employee is directed to perform work:

(i) in excess of

• 36.75 hours per week (for Administrative Service Officers); or
• 38 hours per week (for other employees);

14.3 Definition of overtime – shift workers who are not casuals

(a) Work will be considered overtime for a full-time shift worker (who is not an excluded employee) where the employee is directed to perform work:

(i) it is performed on any day which is outside the normal rostered ordinary hours of duty on that day; or

(ii) it is performed in excess of the weekly hours of ordinary duty, or an average of the weekly hours of ordinary duty over a cycle of shifts.

14.4 Definition of overtime – casual shiftworkers

(a) Work will be considered overtime for a casual shift worker (who is not an excluded employee) where the employee is directed to perform work:

(i) it is performed on any day which is outside the normal rostered ordinary hours of duty on that day; or

(ii)  it is performed in excess of the weekly hours of ordinary duty, or an average of the weekly hours of ordinary duty over a cycle of shifts.

14.5 Overtime rates
An employee, other than an excluded employee, who is required to work overtime shall be paid for that additional work at the following rates:

14.6 Payment for overtime shall be calculated to the nearest fifteen minutes of the total overtime worked in the pay period.

14.7 In calculating payment for overtime the employee’s salary shall include any higher duties payment.

14.8 Minimum overtime payment

Where an employee works overtime that is not continuous with ordinary duty, the employee shall be paid for a minimum of four hours overtime. Meal breaks shall be disregarded in determining whether duty is continuous.

14.9 Time off in lieu of overtime

(a) Where the employer and employee agree, the employee may be given paid time off work instead of being paid for overtime or be given a combination of paid time off work and payment for overtime.

(b) The amount of time off work or combination of time off work and payment shall be of the same value calculated in accordance with Clause 14.5 as the amount payable for the overtime worked.

(c) The time off work shall be taken within four weeks of the overtime being worked unless the employer and the employee have agreed otherwise.

(d) Where time off work instead of payment has been agreed, and the employee has been unable to take the time off within the four weeks or agreed period, the employee shall be paid for the overtime worked.

14.10 Rest period after overtime

(a) An employee other than an excluded employee, who works so much overtime that the employee cannot have at least eight consecutive hours off work between ceasing overtime and commencing the weekly hours of duty on any day, shall be allowed time off work without loss of pay until the employee has had eight consecutive hours off work.

(b) If the employee is required to resume or continue work without having had eight consecutive hours off work the employee shall be paid double time until released from duty.

14.11 Emergency duty

(a) An employee who is recalled to work to deal with an emergency and who was not notified of the requirement to return to work before ceasing ordinary duties shall be paid for the time worked and for travelling time to and from work at the rate of double time with a minimum payment for two hours.

(b) An employee who has been called out for emergency duties, may be relieved from duty on their next shift without loss of pay, for either the number of hours spent performing emergency duties or for the entire shift, whichever is the lesser.

(c) This clause shall not apply to shift workers whose duty for the day is varied by alteration of the commencement of the scheduled shift to meet an emergency.

(d) The provisions relating to rest periods after overtime shall not apply to emergency duty worked unless the actual time worked (excluding travelling time) is at least three hours on each callout.

Part 6—Leave, Public Holidays and other entitlements

15. Annual leave

15.1 Annual leave is provided for in the NES. The following provisions supplement the NES entitlement.

15.2 Employees who are entitled to annual leave under the NES are entitled to accrue an additional seven days of annual leave treated in accordance with the provisions of the NES.

15.3 Annual leave accrues on a working day basis but does not accrue during any period of unpaid leave that in aggregate is one or more complete working days.

15.4 A shift worker shall be given an additional half a day paid annual leave for each Sunday or public holiday worked, up to a maximum of five days in each year of service. A rostered overtime shift of three hours or more, which commences or ceases on Sunday, is to be counted as work on a Sunday.

15.5 Where a public holiday falls during a period of paid annual leave the public holiday shall not be counted as a day of annual leave.

15.6 The employer may implement a preferential rostering system for the taking of annual leave to ensure fairness to employees and the efficient operation of the employer’s business.

15.7 Where the commencing and finishing dates of an employee’s annual leave do not coincide with the dates upon which scheduled aircraft flights leave and return to the Island the employee may:

(a) take a lesser period of annual leave, the balance remaining in credit to be taken at a later date, either separately or in conjunction with future leave; or

(b) take a longer period of annual leave and:

(i) use up to five days of any future credits with the additional days being debited against future credits;

(ii) take up to five days leave without pay; or

(iii) use a combination of 15.7(a) and 15.7(b).

15.8 Where an employee’s annual leave is arranged to coincide with the departure and arrival of scheduled aircraft flights and the return flight is cancelled or delayed after the employee has commenced the leave, the employee shall be paid for the period between the expiry of the leave and the date of departure of the next available return flight.

15.9 Where the employer requires an employee to take annual leave over a period that ends on a date that does not coincide with a scheduled return air flight to the Island, the employee shall be paid for the period between the date of expiry of the employee’s leave and the departure of the next available return flight.

15.10 Subject to the provisions of clause 5 (Facilitative provisions) the employer and the majority of employees may by agreement establish a system of single day annual leave absences provided:

(a) the total amount of annual leave taken in single day periods or part of a single day does not exceed five days in any calendar year;

(b) the leave so taken is exclusive of any shut down period provided elsewhere in the award; and

(c) when an agreement is reached to introduce such a system it is recorded in the time and wages records.

15.11 An employee may not accumulate more than two annual leave entitlements without approval from the employer.

15.12 Upon cessation of employment, an employee, or the legal personal representative of a deceased employee, shall be paid for any untaken annual leave entitlements.

15.13 An employee will be paid in respect of accrued annual leave entitlements a loading of 17.5% of the salary applicable to the annual leave entitlement. However, the annual leave loading will not exceed the full-time adult average weekly ordinary time earnings as published by the Australian Bureau of Statistics in the period immediately prior to 1 July each year.

15.14 Cashing out of annual leave

(a) Paid annual leave must not be cashed out except in accordance with this clause.

(b) The employer and an employee may agree to the employee cashing out a particular amount of the employee’s accrued paid annual leave provided that the following requirements are met:

(i) each cashing out of a particular amount of accrued paid annual leave must be by a separate agreement between the employer and the employee which must:

• be in writing and retained as an employee record;
• state the amount of accrued leave to be cashed out and the payment to be made to the employee;
• state the date on which the payment is to be made, and
• be signed by the employer and employee and, if the employee is under 18 years of age, the employees’ parent or guardian;

(ii) the employee must be paid at least the full amount that would have been payable to the employee had the employee taken the leave at the time that it is cashed out;

(iii) paid annual leave must not be cashed out if the cashing out would result in the employee’s remaining accrued entitlement to paid annual leave being less than 4 weeks; and

(iv) employees may not cash out more than two weeks’ accrued annual leave in any 12 month period.

Note 1: Under section 344 of the Fair Work Act 2009, an employer must not exert undue influence or undue pressure on an employee to make an agreement to cash out paid annual leave under this award clause.

Note 2: Under section 345 of the Fair Work Act 2009, a person must not knowingly or recklessly make a false or misleading representation about an employee’s workplace rights under this award clause.

15.15 Excessive leave

This clause contains provisions additional to the NES about taking paid annual leave, to deal with excessive paid annual leave accruals.

(a) Definitions

An employee has an excessive leave accrual if:

(i) the employee is not a shiftworker and has accrued more than 10 weeks’ and four days’ paid annual leave; or

(ii) the employee is a shiftworker and has accrued more than 12 weeks’ and four days’ paid annual leave.

(b) Eliminating excess leave accruals

Before an employer can direct that leave be taken under subclauses 15.15(c) to 15.15(g) or an employee can give notice of leave to be granted under subclauses 15.15(h) to 15.15(j), the employer or employee must request a meeting and must genuinely try to agree upon steps that will be taken to reduce or eliminate the employee’s excessive leave accrual.

(c) Employer may direct that leave be taken

Subclauses 15.15(c) to 15.15(g) apply if an employee has an excess leave accrual.

(d) If agreement is not reached under subclause 15.15(b) the employer may give a written direction to the employee to take a period or periods of paid annual leave. The direction must state that it is a direction given under subclause 15.15(c) to 15.15(g) of this award. Such a direction must not:

(i) result in the employee’s remaining accrued entitlement to paid annual leave at any time being less than eight weeks and three days (taking into account all other paid annual leave that has been agreed, that the employee has been directed to take or that the employee has given notice of under subclauses 15.15(h) to 15.15(j);

(ii) require the employee to take any period of leave of less than one week;

(iii) require the employee to take any period of leave commencing less than eight weeks after the day the direction is given to the employee;

(iv) require the employee to take any period of leave commencing more than 12 months after the day the direction is given to the employee; or

(v) be inconsistent with any leave arrangement agreed between the employer and employee.

(e) An employee to whom a direction has been given under this subclause may make a request to take paid annual leave as if the direction had not been given. The employer is not to take the direction into account in deciding whether to agree to such a request.

Note: The NES state that the employer must not unreasonably refuse to agree to a request by the employee to take paid annual leave.

(f) If leave is agreed after a direction is issued and the direction would then result in the employee’s remaining accrued entitlement to paid annual leave at any time being less than eight weeks and three days, the direction will be deemed to have been withdrawn.

(g) The employee must take paid annual leave in accordance with a direction complying with subclauses 15.15(c) to 15.15(g).

(h) Employee may require that leave be granted

Subclauses 15.15(h) to 15.15(j) apply if an employee has had an excessive leave accrual for more than six months and the employer has not given a direction under subclause 15.15(c) to 15.15(g) that will eliminate the employee’s excessive leave accrual.

(i) If agreement is not reached under subclause 15.15(b), the employee may give a written notice to the employer that the employee wishes to take a period or periods of paid annual leave. The notice must state that it is a notice given under subclauses 15.15(h) to 15.15(j) of this award. Such a notice must not:

(i) result in the employee’s remaining accrued entitlement to paid annual leave at any time being less than six weeks (taking into account all other paid annual leave that has been agreed, that the employee has been directed to take or that the employee has given notice of under this subclause);

(ii) provide for the employee to take any period of leave of less than one week;

(iii) provide for the employee to take any period of leave commencing less than eight weeks after the day the notice is given to the employer;

(iv) provide for the employee to take any period of leave commencing more than 12 months after the day the notice is given to the employer; or

(v) be inconsistent with any leave arrangement agreed between the employer and employee.

(j) The employer must grant the employee paid annual leave in accordance with a notice complying with subclauses 15.15(h) to 15.15(j).

(k) Dispute resolution

Without limiting the dispute resolution clause of this award, an employer or an employee may refer the following matters to the Fair Work Commission under the dispute resolution clause:

(i) a dispute about whether the employer or employee has requested a meeting and genuinely tried to reach agreement under subclause 15.15(b);

(ii) a dispute about whether the employer has unreasonably refused to agree to a request by the employee to take paid annual leave; and

(iii) a dispute about whether a direction to take leave complies with subclauses 15.15(c) to 15.15(g) or whether a notice requiring leave to be granted complies with subclauses 15.15(h) to 15.15(j).

15.16 Annual leave in advance

(a) An employer and employee may agree to the employee taking a period of paid annual leave in advance of the employee accruing an entitlement to such leave provided that the agreement meets the following requirements:

(i) it is in writing and signed by the employee and employer;

(ii) it states the amount of leave to be taken in advance and the date on which the leave is to commence; and

(iii) it is retained as an employee record.

(b) This subclause applies if an employee takes a period of paid annual leave in advance pursuant to an agreement made in accordance with clause 15.16(a). If the employee’s employment is terminated before they have accrued all of the entitlement to paid annual leave which they have taken then the employer may deduct an amount equal to the difference between the employee’s accrued annual leave entitlement and the leave taken in advance, from any monies due to the employee on termination.

16. Personal/carers’ leave and compassionate leave

Personal/carers’ leave and compassionate leave are provided for in the NES. The provisions of this clause apply to employees, other than casual employees.
16.1 Amount of paid personal/carers’ leave
Employees who are entitled to paid personal/carer's leave under the NES are entitled to accrue an additional five days of paid personal/carer's leave per annum treated in accordance with the provisions of the NES.
16.2 Immediate family or household
The entitlement to carer’s or bereavement leave is subject to the person in respect of whom the leave is taken being either:

(a) a member of the employee’s immediate family; or

(b) a member of the employee’s household.

16.3 Carers’ leave
Where an employee is unable to attend or remain at work because the employee is required to provide care to an immediate family or household member who is ill or injured the employee shall be paid for up to five days absence in any one year if the employee:

(a) has accumulated sufficient personal/carer's leave credits;

(b) notifies the employer as soon as reasonably practicable of the identity of the immediate family or household member who is suffering the illness or injury and the estimated duration of the employee’s absence from work;

(c) satisfies the employer that the immediate family or household member is suffering an illness or injury that requires personal care to be given; and

(d) satisfies the employer that no other person can reasonably provide that care.

16.4 Compassionate leave

(a) Employees who are entitled to paid compassionate leave under the NES are entitled to an additional one day of paid compassionate leave per occasion.

(b) Payment for the additional day of leave set out in clause 16.4(a) shall be exclusive of any payments in the nature of shift allowances, overtime or similar payments that the employee would have received if the employee had worked during the period of absence.

16.5 Notice and evidence requirements

16.6 An employee must give the employer notice of the taking of leave by the employee. 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.

16.7 Emergency leave

(a) Where the employee is unable to attend or remain at work because of an emergency or special circumstances, the employee is entitled to be paid for up to three days absence if the employee:

(i) is not entitled to payment for the leave under any other provision of the award;

(ii) obtains the approval of the employer in advance for the taking of the leave or demonstrates that special circumstances or an emergency existed and that it was not practicable to obtain the approval of the employer in advance; and

(iii) has not had more than three days paid emergency or special leave in that year of employment.

(b) Payment for any period of leave under this clause shall be exclusive of any payments in the nature of shift allowances, overtime or similar payments that the employee would have received if the employee had worked during the period of absence.

16.8 Unpaid leave

(a) Where an employee has exhausted his/her paid leave under this clause, the employee shall be granted unpaid leave if the employee satisfies the employer that he or she would qualify for paid leave if the personal/carer's leave credits or special leave entitlements had not been exhausted.

(b) An employee’s continuity of service is not broken by any period of unpaid leave granted under this clause, but such absence does not count as service for any purpose under the award.

17. Public holidays

17.1 Public holidays are provided for in the NES.

17.2 An employee, other than a casual employee, shall be granted a holiday without loss of pay on any day that is a public holiday.

17.3 Where an employee is a shift worker and a public holiday falls on a day on which the employee is not rostered to work, the employee shall be given another day off work without loss of pay, within one month.

17.4 Where it is not practicable to give the shift employee another day off work within the month, the employee shall be paid one day’s pay in lieu.

18. Community service leave

18.1 Community service leave is provided for in the NES. These provisions supplement the entitlements in the NES.

18.2 Leave with pay may be granted to enable an employee (other than a casual employee) to attend court as a juror for the entirety of the employee’s jury service above the 10 days NES entitlement.

18.3 An employee (other than a casual employee) will be reimbursed reasonable expenses incurred by the employee in excess of the NES entitlement while attending court to serve as a juror.

18.4 Leave of absence granted under this clause will count as service for all purposes.

19. Parental leave

19.1 The Maternity Leave (Commonwealth Employees) Act 1973 gives an eligible female employee, other than a casual employee, an entitlement to twelve weeks’ paid leave and to a total period of maternity leave of up to 52 weeks in respect of each birth.

19.2 An employee's parental leave under this clause is in addition to any maternity leave granted by the Maternity Leave (Commonwealth Employees) Act 1973.

19.3 By agreement in writing with the employer, a full-time female employee who is pregnant and will become entitled to parental leave may convert to part-time employment for the period of her pregnancy.

19.4 By agreement in writing with the employer, a full-time employee who is entitled to parental leave, may convert to part-time employment for up to two years following the birth or adoption of the child as an alternative to taking parental leave.

19.5 On the expiry of the period of part-time employment an employee shall have any entitlements accrued while working part-time preserved and the entitlements so preserved may be taken during the period of full-time employment.

19.6 An eligible casual employee means a casual employee:

(a) employed by an employer on a regular and systematic basis for several periods of employment or on a regular and systematic basis for an ongoing period of employment during a period of at least 12 months; and

(b) who has, but for the pregnancy or the decision to adopt, a reasonable expectation of ongoing employment.

(c) For the purposes of this clause, continuous service is work for an employer on a regular and systematic basis (including any period of authorised leave or absence).

(d) The rights of an employer in relation to engagement and re-engagement of casual employees are not affected, other than in accordance with this clause.

19.7 An eligible casual employee employed on, prior to, or after, 11 April 2005 shall be entitled to parental leave under the terms of this award.

20. Termination of employment

20.1 Notice of termination is provided for in the NES. The following provisions supplement the NES.

Permanent employees

20.2 Where a permanent employee is to have his or her employment terminated, the employer shall give four weeks’ notice or payment in lieu of notice to terminate the employment.

20.3 The period of notice shall not apply in the case of dismissal for conduct that justifies instant dismissal.

20.4 A permanent employee shall give the employer four weeks’ notice of termination of employment.

20.5 If a permanent employee fails to give notice the employer may deduct from any monies owing to the employee an amount equal to the ordinary time salary for the period of notice.

20.6 A permanent employee is entitled, during a period of notice given by the employer, to take up to one day off work without loss of pay for the purpose of seeking other employment

Fixed-term employees

20.7 The employer may terminate the employment of a fixed term employee during the term of the appointment or prior to the completion of the task or tasks, for reasons connected with:

(a) the unsatisfactory conduct or capacity of the employee; or

(b) the abolition of the position by the employer during the fixed term, provided that there is no other reasonable alternative position available,

by giving the employee four weeks’ notice of termination of employment or payment in lieu.

20.8 The period of notice shall not apply in the case of dismissal for conduct that justifies instant dismissal.

20.9 A temporary employee who wishes to terminate his or her employment before the expiry of the term of appointment shall give the employer four weeks’ notice of termination of employment. If an employee fails to give notice the employer may deduct from any monies owing to the employee an amount equal to the ordinary salary for the period of notice.

20.10 A temporary employee is entitled, during a period of notice given by the employer, to take one day off work without loss of pay for the purpose of seeking other employment.

20.11 A temporary employee's employment otherwise ends on the expiry of the term of the employee's appointment or the conclusion of the task or tasks for which the employee was engaged.

Casual employees

20.12 The employment of a casual employee may be terminated at any time by the employer or the employee giving one hours’ notice of termination or by making or forfeiting one hours’ payment in lieu of notice.

21. Redundancy

21.1 Redundancy pay is provided for in the NES. The following provisions supplement the NES.

21.2 Eligibility

(a) This clause 21 applies only to permanent employees.

(b) For the purposes of this clause 21, an employee is redundant if the employer no longer wishes for the job that the employee has been doing to be done by anyone, and this is not due to the ordinary and customary turnover of labour.

21.3 Transfer to lower paid duties

(a) An redundant employee may be transferred to lower paid duties. Where an employee is to be redeployed the employee shall be given twelve weeks’ written notice of the redeployment.

(b) Where such a transfer occurs, the employee shall be entitled to continue to receive the employee’s salary at the time of redundancy for the following periods and in accordance with the following conditions:

Period of continuous service	Period of salary maintenance
Ten or more years’ continuous service	18 months
Between five and ten years’ continuous service	12 months
Less than five years’ continuous service	6 months

(c) The employee shall only be entitled to salary maintenance if the employee agrees that during the period of salary maintenance, the employee will:

(i) undertake such training and skills development as is determined by the employer;

(ii) if it is not practicable to do so in work time, to attend approved courses or undertake approved studies in the employee’s own time for up to 50% of the time required to attend or undertake the courses or studies; and

(iii) work flexible hours without payment of overtime rates if required to enable the employee to attend courses or undertake training, skills development or studies in working time.

21.4 Redundancy pay

An employee whose employment is to be terminated because of redundancy will be paid:

(a) twelve weeks’ written notice of termination of employment or payment of salary (plus any allowances specified as being included in the employee's ordinary hourly rate) for that period, in lieu of the notice of termination provisions in this award;

(b) reasonable time off work without loss of pay during the period of notice to seek alternative employment;

(c) a redundancy payment of three weeks’ salary (plus any allowances specified as being included in the employee's ordinary hourly rate) for each completed year of continuous service with pro rata payment for each completed month of continuous service in an incomplete year up to a maximum of 45 weeks’ salary; and

(d) payment in respect of accrued but untaken annual leave and long service leave entitlements.

21.5 Employee leaving during notice period
An employee given notice of termination in circumstances of redundancy may terminate their employment during the period of notice. The employee is entitled to receive the benefits and payments they would have received under this clause had they remained in employment until the expiry of the notice, but is not entitled to payment instead of notice.
Part 7—Consultation and Dispute Resolution

22. Consultation regarding major workplace change

22.1 Employers to notify

(a) Where an employer has made a definite decision to introduce major changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, the employer must notify the employees who may be affected by the proposed changes and their representatives, if any.

(b) Significant effects include termination of employment; major changes in the composition, operation or size of the employer’s workforce or in the skills required; the elimination or diminution of job opportunities, promotion opportunities or job tenure; the alteration of hours of work; the need for retraining or transfer of employees to other work or locations; and the restructuring of jobs. Provided that where this award makes provision for alteration of any of these matters an alteration is deemed not to have significant effect.

22.2 Employers to discuss change

(a) The employer must discuss with the employees affected and their representatives, if any, the introduction of the changes referred to in clause 22.1(a) the effects the changes are likely to have on employees and measures to avert or mitigate the adverse effects of such changes on employees and must give prompt consideration to matters raised by the employees and/or their representatives in relation to the changes.

(b) The discussions must commence as early as practicable after a definite decision has been made by the employer to make the changes referred to in clause 22.1(a).

(c) For the purposes of such discussion, the employer must provide in writing to the employees concerned and their representatives, if any, all relevant information about the changes including the nature of the changes proposed, the expected effects of the changes on employees and any other matters likely to affect employees provided that no employer is required to disclose confidential information the disclosure of which would be contrary to the employer’s interests.

22.3 Consultation about changes to rosters or hours of work

(a) Where an employer proposes to change an employee’s regular roster or ordinary hours of work, the employer must consult with the employee or employees affected and their representatives, if any, about the proposed change.

(b) The employer must:

(i) provide to the employee or employees affected and their representatives, if any, information about the proposed change (for example, information about the nature of the change to the employee’s regular roster or ordinary hours of work and when that change is proposed to commence);

(ii) invite the employee or employees affected and their representatives, if any, to give their views about the impact of the proposed change (including any impact in relation to their family or caring responsibilities); and

(iii) give consideration to any views about the impact of the proposed change that are given by the employee or employees concerned and/or their representatives.

(c) The requirement to consult under this clause does not apply where an employee has irregular, sporadic or unpredictable working hours.

(d) These provisions are to be read in conjunction with other award provisions concerning the scheduling of work and notice requirements.

23. Dispute resolution

23.1 In the event of a dispute about a matter under this award, or a dispute in relation to the NES, in the first instance the parties must attempt to resolve the matter at the workplace by discussions between the employee or employees concerned and the relevant supervisor. If such discussions do not resolve the dispute, the parties will endeavour to resolve the dispute in a timely manner by discussions between the employee or employees concerned and more senior levels of management as appropriate.

23.2 If a dispute about a matter arising under this award or a dispute in relation to the NES is unable to be resolved at the workplace, and all appropriate steps under clause 23.1 have been taken, a party to the dispute may refer the dispute to the Fair Work Commission.

23.3 The parties may agree on the process to be utilised by the Fair Work Commission including mediation, conciliation and consent arbitration.

23.4 Where the matter in dispute remains unresolved, the Fair Work Commission may exercise any method of dispute resolution permitted by the Act that it considers appropriate to ensure the settlement of the dispute.

23.5 An employer or employee may appoint another person, organisation or association to accompany and/or represent them for the purposes of this clause.

23.6 While the dispute resolution procedure is being conducted, work must continue in accordance with this award, the Act and the established custom and practice at the workplace. Subject to applicable occupational health and safety legislation, an employee must not unreasonably fail to comply with a direction by the employer to perform work, whether at the same or another workplace, that is safe and appropriate for the employee to perform.

23.7 Leave of absence to attend courses
A union or employee representative shall be granted paid leave of absence of up to one week, to attend short courses conducted by a recognised training provider, that are specifically directed towards effective dispute resolution. The grant of leave shall be subject to the operating requirements of the employer.

23.8 The training course shall be agreed between the employer, the employee and the union.

23.9 Where the agreed course is located in Perth, the employer shall reimburse half the cost of a return economy airfare from Christmas Island to Perth.

23.10 In any one year, no more than two employees shall be entitled to paid leave under this clause.

23.11 A union or employee representative who is involved in a dispute shall be granted paid leave of absence to attend any FWC proceedings that deal with that dispute.

Schedule A—Classification Definitions
A.1 Administrative Services Officers
A.1.1 Administrative Services Officer Level 1
An ASO Level 1 employee would generally be required to work under close direction to undertake established routines and basic tasks against clearly defined and established priorities and procedures. Employees at this level are responsible for the completion of allocated tasks within required timeframes and producing work that is subject to close monitoring and checking by more senior staff. ASO1 employees may be required to undertake procedural, clerical, administrative support and operational tasks. Employees do not have supervisory or management responsibilities.
A.1.2 Administrative Services Officer Level 2
An ASO Level 2 employee would generally be required to undertake straightforward tasks, work under general direction against established priorities and procedures while exercising some autonomy. Employees at this level are responsible for the completion of allocated tasks within required timeframes and producing work that is subject to close monitoring and checking by more senior staff. ASO 2 employees may be required to undertake procedural, clerical, administrative support and operational tasks and may provide initial coaching and support to new or less experienced colleagues.
A.1.3 Administrative Services Officer Level 3
An ASO Level 3 employee would generally be required to undertake straightforward tasks although some tasks may have an element of complexity. They work under general direction against established priorities and procedures while exercising some autonomy about how work tasks are performed. Employees at this level are responsible for setting priorities and managing work flow for their role and producing work that is subject to routine monitoring by more senior staff. ASO 3 employees undertake specialist, procedural, clerical, administrative support or operational tasks including some basic research and analysis activities. Employees may have a public contact role. Work may involve some limited supervision and support of employees at lower levels, as well as on-the-job training of members of a small work team.
A.1.4 Administrative Services Officer Level 4
An ASO Level 4 employee would generally be required to undertake tasks of moderate complexity and work under general direction. They are accountable for organising their workflow and making decisions within defined parameters relating to the area of responsibility. Employees at this level may exercise some discretion with respect to how legislation, procedures and guidelines are interpreted and applied. ASO 4 employees provide specialist and administrative support that is informed and directed by sound knowledge in specific areas and may undertake some research and analysis activities. Employees may have a public contact role and may be required to communicate with and provide advice to a range of external stakeholders. Work may involve supervision and leadership of a team with responsibility for coaching and training newer and less experienced members of a small work team.
A.1.5 Administrative Services Officer Level 5
An ASO Level 5 employee would generally be required to undertake work that is moderately complex to complex in nature and operate under general direction. They have accountable for organising their workflow and making independent decisions relating to an area of responsibility. Employees at this level provide policy advice within an area of specialisation with advice based on policies and legislation. ASO 5 employees undertake specialist or technical research and analysis, conduct investigations, and undertake procedural, clerical, administrative support or operational tasks. Employees may have a considerable public contact role and may be required to communicate with and provide advice to a wide variety of customers and external stakeholders. Work may include supervision of lower level employees and responsibility for managing staff performance, allocating work and identifying opportunities for on-the-job training.
A.1.6 Administrative Services Officer Level 6
An ASO Level 6 employee would generally be required to undertake work that is complex in nature, work under limited direction with the opportunity for reasonable autonomy and accountability. Employees at this level exercise both initiative and judgment in the interpretation of policy and in the application of practices and procedures. ASO 6 employees provide detailed technical, professional, and/or policy advice in relation to complex problems and may assist in strategic planning, program and project management and policy development. Employees may have a considerable level of public contact in relation to difficult or sensitive issues and may liaise with a range of stakeholders in a representational role. Work may involve management responsibilities requiring the setting of priorities and managing workflows.
A.2 Senior Officer Grades
A.2.1 Senior Officer Grade C
Positions at this level work under limited direction, usually manage the operations of an organisational element; undertake a management function; or provide administrative, technical or professional support to a particular program, activity or service; to achieve a result in line with the corporate goals of the employer.
The work includes providing advice which could include policy, administrative, technical or professional advice; undertaking tasks related to the management or administration of a program or activity; service delivery or corporate support functions, including marketing, project work, policy development; preparation or co-ordination of research papers, submissions on policy, technical, professional or program issues, or administrative matters.
Work is undertaken at this level under limited direction as to work priorities and the detailed conduct of the task. The tasks undertaken may be of a complex or specific nature encompassing a major area of agency operations.
Positions at this level may have independence of action, including responsibility for results achieved through the use and allocation of resources within the constraints laid down by senior management.
Decisions taken or delegations exercised at this level may have major impact on the day-to-day operations of the work area. The impact of such decisions on agency operations is likely to be limited to the work area or function in which the position is located.
Supervisory responsibilities may be an important function of a position at this level, but this can vary widely depending on factors such as functional role, work area, location, priorities, work load, operational deadlines and the availability of staff resources to assist.
A.2.2 Senior Officer Grade B
Positions at this level work under limited direction, usually manage the operations of an organisational element; undertake a management function; or provide administrative, technical or professional support to a particular program, activity or service; to achieve a result in line with the corporate goals of the employer.
The work includes providing advice which could include policy, administrative, technical or professional advice; undertaking tasks related to the management or administration of a program or activity; service delivery or corporate support functions, including marketing, project work, policy development; preparation or co-ordination of research papers, submissions on policy, technical, professional or program issues, or administrative matters.
Liaison and negotiation with other elements of the organisation, other government agencies, local authorities or business or community organisations is usually a feature.
Work is undertaken at this level under limited direction as to work priorities and the detailed conduct of the task. The tasks undertaken may be of a complex or specific nature encompassing a major area of agency operations.
Directions exercised over positions at this level may, depending on the functional role of the position within the organisation, be by way of providing general guidance and advice or business plans.
Positions at this level may have independence of action, including responsibility for results achieved through the use and allocation of resources within the constraints laid down by senior management.
Decisions taken or delegations exercised at this level may have major impact on the day-to-day operations of the work area. The impact of such decisions on agency operations is likely to be limited to the work area or function in which the position is located. Delegations exercised may, depending on the role and function of the position, involve making determinations, instigating another course of action or reviewing decisions.
Supervisory responsibilities may be an important function of a position at this level, but this can vary widely depending on factors such as functional role, work area, location, priorities, work load, operational deadlines and the availability of staff resources to assist.
A.2.3 Senior Officer Grade A
Positions at this level operate under broad direction of a senior Executive or comparable officer and would be expected to make a major contribution to the formulation of objectives and policies for the work area. They would operate with a high degree of independence in the execution and adaptation of work plans and the determination of priorities.
Positions placed in this Grade are characterised by the management of a major function or work area involving a considerable variety of activities, extensive co-ordination, and unusually significant responsibilities for human/financial resources; co-ordination of complex projects involving unusually large numbers of staff (including professional, technical and other staff) and accountability for associated human and financial resources; responsibility for initiating, planning and conducting research projects of considerable breadth which contribute significantly to the development of agency or government policy or are highly complex in terms of problem definition and methodology.
For specialists, there is a requirement for a high degree of originality and analytical and conceptual skills in the resolution of particularly complex "technical" or policy issues. The work requires expert knowledge in professional or "technical" field and in most cases a comprehensive knowledge of relevant legislation and policies. In some circumstances, specialists would also have a management and/or co- ordination role. The work requires constant adaptation of existing principles to new and unusual problems and involves frequent changes in policy, program or technological requirements.
A.3 General Service Officers
A.3.1 General Service Officer Grade 2
An GSO Grade 2 employee would generally be required to undertake straightforward tasks, work under direct supervision against established priorities and procedures while exercising some autonomy. Employees at this level are responsible for the completion of allocated tasks within required timeframes and producing work that is subject to close monitoring and checking by more senior staff.
A.3.2 General Service Officer Grade 3
An GSO Grade 3 employee would generally be required to undertake straightforward tasks, work under general supervision against established priorities and procedures while exercising some autonomy. Employees at this level are responsible for the completion of allocated tasks within required timeframes and producing work that is subject to close monitoring and checking by more senior staff but exercises judgment in how tasks are to be performed. GSO 3 employees may be required to undertake procedural, clerical, administrative support and operational tasks and may provide initial coaching and support to new or less experienced colleagues.
A.3.3 General Service Officer Grade 4
An GSO Grade 4 employee would generally be required to undertake straightforward tasks although some tasks may have an element of complexity. They work under general supervision against established priorities and procedures while exercising some autonomy about how work tasks are performed. Employees at this level are responsible for setting priorities and managing work flow for their role and producing work that is subject to routine monitoring by more senior staff.
GSO 4 employees undertake tasks including some basic research and analysis activities. Work may involve some limited supervision and support of employees at lower levels, as well as on-the-job training of members of a small work team.
A.3.4 General Service Officer Grade 5
An GSO Grade 5 employee works under general supervision either as a member of a team or individually, or under limited supervision, supervises a large number of staff engaged on a variety of routine manual tasks, or a number of work teams.
A GSO 5 employee exercises independent judgement to decide how tasks are to be performed and may adapt work methods to resolve problems encountered in day-to-day tasks. An employee at this level applies quality control techniques to their own work and the work of other staff within their sphere of work.
A.3.5 General Service Officer Grade 6 (GSOPA6)
A GSO Grade 6 employee under limited supervision, supervises, plans and co- ordinates the work of small work teams or controls the operations of an organisational element of a program which undertakes predominantly a variety of manual tasks.
A GSO6 employee in a supervisory role could be expected to exercise initiative and judgement in solving day to day operational problems, including work prioritising; staffing control and training, and maintenance of records and basic reporting.
A.3.6 General Service Officer Grade 7
An GSO Grade 7 employee would generally be required to undertake work that is complex in nature, work under limited supervision with the opportunity for reasonable autonomy and accountability. Employees at this level exercise both initiative and judgment in the interpretation of policy and in the application of practices and procedures.
A GSO7 employee provides detailed technical, professional, and/or policy advice in relation to complex problems and may assist in strategic planning, program and project management and policy development. Employees may have a considerable level of public contact and may liaise with a range of stakeholders in a representational role. Work may involve management responsibilities requiring the setting of priorities and managing workflows.
A.3.7 General Service Officer Grade 8
A GSO Grade 8 employee under limited supervision, either individually or in a team environment, is responsible for the operation of a discrete functional area and/or group performing a dedicated role. This may include project work..
A GSO8 employee exercises initiative, judgement and flexibility in solving work related problems in relation to the ongoing work program. This includes co-ordination of resources and oversight of training and recruitment. Work at this level may include review of work methods and oversight of quality control and budgeting control.
A.3.8 General Service Officer Grade 9
A GSO Grade 9 employee under limited supervision, controls a large number of staff including controlling one or more groups and subordinate supervisory staff or under administrative supervision, controls a major service operation. A person at this level is expected to exercise a high degree of initiative, independent judgement and leadership in solving operational problems, including complex problems.
A GSO9 employee determines work priorities and provides oversight of performance against standards, including quality control and occupational health and safety standards;
A.3.9 General Service Officer Grade 10
A GSO Grade 10 employee under administrative supervision, controls a large multi- disciplined group or several small multi-disciplined groups of staff including subordinate supervisory staff engaged in specialised activities.
A GSO10 employee is expected to demonstrate a high degree of initiative, independent judgement and leadership in the management of a complex operational program or business unit and will be responsible for planning of work programs, determining priorities and providing oversight of training and development programs.
A.4 Registered nurses
A.4.1 Registered nurse—level 1 (RN1)

(a) An employee at this level performs their duties:

(i) according to their level of competence; and
(ii) under the general guidance of, or with general access to a more competent registered nurse (RN) who provides work related support and direction.

(b) An employee at this level is required to perform general nursing duties which include substantially, but are not confined to:

• delivering direct and comprehensive nursing care and individual case management to patients or clients within the practice setting;
• coordinating services, including those of other disciplines or agencies, to individual patients or clients within the practice setting;
• providing education, counselling and group work services orientated towards the promotion of health status improvement of patients and clients within the practice setting;
• providing support, direction and education to newer or less experienced staff, including EN’s, and student EN’s and student nurses;
• accepting accountability for the employee’s own standards of nursing care and service delivery; and
• participating in action research and policy development within the practice setting.

A.4.2 Registered nurse—level 2 (RN2)

(a) An employee at this level:

(i) holds any other qualification required for working in the employee’s particular practice setting; and
(ii) is appointed as such by a selection process or by reclassification from a lower level when the employee is required to perform the duties detailed in this subclause on a continuing basis.

An employee at this level may also be known as a Clinical nurse.

(b) In addition to the duties of an RN1, an employee at this level is required, to perform duties delegated by a Clinical nurse consultant or any higher level classification.

Duties of a Clinical nurse will substantially include, but are not confined to:

• delivering direct and comprehensive nursing care and individual case management to a specific group of patients or clients in a particular area of nursing practice within the practice setting;
• providing support, direction, orientation and education to RN1’s, EN’s, student nurses and student EN’s;
• being responsible for planning and coordinating services relating to a particular group of clients or patients in the practice setting, as delegated by the Clinical nurse consultant;
• acting as a role model in the provision of holistic care to patients or clients in the practice setting; and
• assisting in the management of action research projects, and participating in quality assurance programs and policy development within the practice setting.

A.4.3 Registered nurse—level 3 (RN3)

(a) An employee at this level:

(i) holds any other qualification required for working in the employee’s particular practice setting; and
(ii) is appointed as such by a selection process or by reclassification from a lower level when that the employee is required to perform the duties detailed in this subclause on a continuing basis.

An employee at this level may also be known as a Clinical nurse consultant, Nurse manager or Nurse educator.

(b) In addition to the duties of an RN2, an employee at this level will perform the following duties in accordance with practice settings and patient or client groups:

(i) Duties of a Clinical nurse consultant will substantially include, but are not confined to:

• providing leadership and role modelling, in collaboration with others including the Nurse manager and the Nurse educator, particularly in the areas of action research and quality assurance programs;
• staff and patient/client education;
• staff selection, management, development and appraisal;
• participating in policy development and implementation;
• acting as a consultant on request in the employee’s own area of proficiency; for the purpose of facilitating the provision of quality nursing care;
• delivering direct and comprehensive nursing care to a specific group of patients or clients with complex nursing care needs, in a particular area of nursing practice within a practice setting;
• coordinating, and ensuring the maintenance of standards of the nursing care of a specific group or population of patients or clients within a practice setting; and
• coordinating or managing nursing or multidisciplinary service teams providing acute nursing and community services.

(ii) Duties of a Nurse manager will substantially include, but are not confined to:

• providing leadership and role modelling, in collaboration with others including the Clinical nurse consultant and the Nurse educator, particularly in the areas of action research and quality assurance programs;
• staff selection and education;
• allocation and rostering of staff;
• occupational health;
• initiation and evaluation of research related to staff and resource management;
• participating in policy development and implementation;
• acting as a consultant on request in the employee’s own area of proficiency (for the purpose of facilitating the provision of quality nursing care);
• being accountable for the management of human and material resources within a specified span of control, including the development and evaluation of staffing methodologies; and
• managing financial matters, budget preparation and cost control in respect of nursing within that span of control.

(iii) Duties of a Nurse educator will substantially include, but are not confined to:

• providing leadership and role modelling, in collaboration with others including the Clinical nurse consultant and the Nurse manager, particularly in the areas of action research;
• implementation and evaluation of staff education and development programs;
• staff selection;
• implementation and evaluation of patient or client education programs;
• participating in policy development and implementation;
• acting as a consultant on request in the employee’s own area of proficiency (for the purpose of facilitating the provision of quality nursing care); and
• being accountable for the assessment, planning, implementation and evaluation of nursing education and staff development programs for a specified population.

A.4.4 Registered nurse—level 4 (RN4)

(a) An employee at this level:

(i) holds any other qualification required for working in the employee’s particular practice setting; and
(ii) is appointed as such by a selection process or by reclassification from a lower level when the employee is required to perform the duties detailed in this subclause on a continuing basis.

An employee at this level may also be known as an Assistant director of nursing (clinical), Assistant director of nursing (management), or Assistant director of nursing (education).

(b) Appointment at a particular grade at this level will depend upon the level of complexity associated with the duties described in this clause. In this connection the number of beds in a facility will be a relevant consideration.
(c) In addition to the duties of an RN3, an employee at this level will perform the following duties:

(i) Duties of an Assistant director of nursing (clinical) will substantially include, but are not confined to:

• providing leadership and role modelling, in collaboration with others including the Assistant director of nursing (management) and Assistant director of nursing (education), particularly in the areas of selection of staff within the employee’s area of responsibility;
• provision of appropriate education programs, coordination and promotion of clinical research projects;
• participating as a member of the nursing executive team;
• contributing to the development of nursing and health unit policy for the purpose of facilitating the provision of quality nursing care;
• managing the activities of, and providing leadership, coordination and support to, a specified group of Clinical nurse consultants;
• being accountable for the establishment, implementation and evaluation of systems to ensure the standard of nursing care for a specified span of control;
• being accountable for the development, implementation and evaluation of patterns of patient care for a specified span of control;
• being accountable for clinical operational planning and decision making for a specified span of control; and
• being accountable for appropriate clinical standards, through quality assurance programs, for a specified span of control.

(ii) Duties of an Assistant director of nursing (management) will substantially include, but are not confined to:

• providing leadership and role modelling, in collaboration with others including the Assistant director of nursing (clinical) and Assistant director of nursing (education), particularly in the areas of selection of staff within the employee’s area of responsibility;
• coordination and promotion of nursing management research projects;
• participating as a member of the nursing executive team;
• contributing to the development of nursing and health unit policy for the purpose of facilitating the provision of quality nursing care;
• managing the activities of, and providing leadership, coordination and support to, a specified group of Nurse managers;
• being accountable for the effective and efficient management of human and material resources within a specified span of control;
• being accountable for the development and coordination of nursing management systems within a specified span of control; and
• being accountable for the structural elements of quality assurance for a specified span of control.

(iii) Duties of an Assistant director of nursing (education) will substantially include, but are not confined to:

• providing leadership and role modelling, in conjunction with others including the Assistant director of nursing (clinical) and the Assistant director of nursing (management), particularly in the areas of selection of staff within the employee’s area of responsibility;
• coordination and promotion of nurse education research projects;
• participating as a member of the nursing executive team, and contributing to the development of nursing and health unit policy for the purpose of facilitating the provision of quality nursing care;
• managing the activities of, and providing leadership, coordination and support to a specific group of Nurse educators;
• being accountable for the standards and effective coordination of education programs for a specified population;
• being accountable for the development, implementation and evaluation of education and staff development programs for a specified population;
• being accountable for the management of educational resources including their financial management and budgeting control; and
• undertaking career counselling for nursing staff.

A.4.5 Registered nurse level 5—(RN5)

(a) An employee at this level:

(i) holds any other qualification required for working in the employee’s particular practice setting; and
(ii) is appointed as such by a selection process or by reclassification from a lower level when the employee is required to perform the duties detailed in this subclause on a continuing basis.

An employee at this level may also be known as a Director of nursing.

(b) Appointment at a particular grade at this level will depend upon the level of complexity associated with the duties described in this clause. In this connection the number of beds in a facility will be a relevant consideration.
(c) In addition to the duties of an RN4, an employee at this level will perform the following duties:

• being accountable for the standards of nursing care for the health unit and for coordination of the nursing service of the health unit;
• participating as a member of the executive of the health unit, being accountable to the executive for the development and evaluation of nursing policy, and generally contributing to the development of health unit policy;
• providing leadership, direction and management of the nursing division of the health unit in accordance with policies, philosophies, objectives and goals established through consultation with staff and in accordance with the directions of the Board of Directors of the health unit;
• providing leadership and role modelling, in collaboration with others, particularly in the areas of staff selection, promotion of participative decision making and decentralisation of nursing management and generally advocating for the interests of nursing to the executive team of the health unit;
• managing the budget of the nursing division of the health unit;
• ensuring that nursing services meeting changing needs of clients or patients through proper strategic planning; and
• complying, and ensuring the compliance of others, with the code of ethics and legal requirements of the nursing profession.

A.5 Enrolled nurses
A.5.1 Enrolled nurse—level 1

(a) An employee will be appointed to this level based on training and experience including:

• having satisfactorily completed a hospital based course of training in nursing of not more than 12 months duration leading to enrolment as an EN; or
• having satisfactorily completed a course of training of 12 months duration in a specified branch of nursing leading to enrolment on a register or roll maintained by the Nursing and Midwifery Board of Australia or its successor; and
• having practical experience of up to but not more than 12 months in the provision of nursing care and/or services, and, the undertaking of in-service training, subject to its provision by the employing agency, from time to time.

(b) Skill indicators

• The employee has limited or no practical experience of current situations; and
• The employee exercises limited discretionary judgment, not yet developed by practical experience.

A.5.2 Enrolled nurse—level 2

(a) An employee will be appointed to this level based on training and experience including:

• having satisfactorily completed a hospital based course of general training in nursing of more than 12 months duration and/or 500 hours or more theory content or a course accredited at advanced certificate, diploma or advanced diploma level leading to enrolment as an EN; or
• not more than one further year of practical experience in the provision of nursing care and/or services in addition to the experience, skill and knowledge requirements specified for pay point 1; and
• the undertaking of in-service training, subject to its provision by the employing agency, from time to time.

(b) Skill indicators

The employee is required to demonstrate some of the following in the performance of their work:

• a developing ability to recognise changes required in nursing activity and in consultation with the RN, implement and record such changes, as necessary;
• an ability to relate theoretical concepts to practice; and/or
• requiring assistance in complex situations and in determining priorities.

A.5.3 Enrolled nurse—level 3

(a) An employee will be appointed to this level based on training and experience including:

• not more than one further year of practical experience in the provision of nursing care and/or services, in addition to the experience, skill and knowledge requirements specified for pay point 2; and
• the undertaking of in-service training, subject to its provision by the employing agency, from time to time.

(b) Skill indicators

The employee is required to demonstrate some of the following in the performance of their work:

• an ability to organise, practise and complete nursing functions in stable situations with limited direct supervision;
• observation and assessment skills to recognise and report deviations from stable conditions;
• flexibility in the capacity to undertake work across the broad range of nursing activity and/or competency in a specialised area of practice; and/or
• communication and interpersonal skills to assist in meeting psycho-social needs of individuals/groups.

A.5.4 Enrolled nurse—level 4

(a) An employee will be appointed to this level based on training and experience including:

• not more than one further year of practical experience in the provision of nursing care and/or services in addition to the experience, skill and knowledge requirements specified for pay point 3; and
• the undertaking of in-service training, subject to its provision by the employing agency, from time to time.

(b) Skill indicators

The employee is required to demonstrate some of the following in the performance of their work:

• speed and flexibility in accurate decision making;
• organisation of own workload and ability to set own priorities with minimal direct supervision;
• observation and assessment skills to recognise and report deviations from stable conditions across a broad range of patient and/or service needs; and/or
• communication and interpersonal skills to meet psychosocial needs of individual/groups.

A.5.5 Enrolled nurse—level 5

(a) An employee will be appointed to this level based on training and experience including:

• not more than one further year of practical experience in the provision of nursing care and/or services in addition to the experience, skill and knowledge requirements specified for pay point 4; and
• the undertaking of relevant in-service training, subject to its provision by the employing agency, from time to time.

(b) Skill indicators

The employee is required to demonstrate some of the following in the performance of their work:

• contributes information in assisting the RN with development of nursing strategies/improvements within the employee’s own practice setting and/or nursing team, as necessary;
• responds to situations in less stable and/or changed circumstances resulting in positive outcomes, with minimal direct supervision; and
• efficiency and sound judgment in identifying situations requiring assistance from an RN.

A.6 Hospital Services employees
A.6.1 Hospital Services employee—level 1
An employee with less than three months work experience in the industry and who performs basic duties.
An employee at this level:

• works within established routines, methods and procedures;
• has minimal responsibility, accountability or discretion;
• works under direct or routine supervision, either individually or in a team; and
• is not required to have previous experience or training.

A.6.2 Hospital Services employee—level 2
An employee at this level:

• is capable of prioritising work within established routines, methods and procedures;
• is responsible for work performed with a limited level of accountability or discretion;
• works under direct supervision, either individually or in a team;
• possesses sound communication skills; and
• requires specific on-the-job training and/or relevant skills training or experience.

A.6.3 Hospital Services employee—level 3
An employee, other than an administrative/clerical employee, at this level:

• is capable of prioritising work within established routines, methods and procedures;
• is responsible for work performed with a medium level of accountability or discretion;
• works under general supervision, either individually or in a team;
• possesses sound communication and/or arithmetic skills; and
• requires specific on-the-job training and/or relevant skills training or experience.

An administrative/clerical employee at this level undertakes a range of basic clerical functions within established routines, methods and procedures.
A.6.4 Hospital Services employee—level 4
An employee at this level:

• is capable of prioritising work within established policies, guidelines and procedures;
• is responsible for work performed with a medium level of accountability or discretion;
• works under general supervision, either individually or in a team;
• possesses good communication, interpersonal and/or arithmetic skills; and
• requires specific on-the-job training, may require formal qualifications and/or relevant skills training or experience at Certificate III level.

A.6.5 Hospital Services employee—level 5
An employee at this level:

• is capable of functioning semi autonomously, and prioritising their own work within established policies, guidelines and procedures;
• is responsible for work performed with a substantial level of accountability;
• works under general supervision, either individually or in a team;
• in the case of an administrative/clerical employee, requires a comprehensive knowledge of medical terminology and/or a working knowledge of health insurance schemes;
• may require basic computer knowledge or be required to use a computer on a regular basis;
• possesses administrative skills and problem solving abilities;
• possesses well developed communication, interpersonal and/or arithmetic skills; and
• requires substantial on-the-job training and may require formal qualifications at trade or certificate level and/or relevant skills training or experience.

A.6.6 Hospital Services employee—level 6
An employee at this level:

• is capable of functioning with a high level of autonomy, and prioritising their work within established policies, guidelines and procedures;
• is responsible for work performed with a substantial level of accountability and responsibility;
• works under limited supervision either individually or in a team;
• may require comprehensive computer knowledge or be required to use a computer on a regular basis;
• possesses administrative skills and problem solving abilities;
• possesses well developed communication, interpersonal and/or arithmetic skills; and
• may require formal qualifications at post-trade or Advanced Certificate or Associate Diploma level and/or relevant skills training or experience.

A.6.7 Hospital Services employee—level 7
An employee at this level:

• is capable of functioning autonomously, and prioritising their work and the work of others within established policies, guidelines and procedures;
• is responsible for work performed with a substantial level of accountability and responsibility;
• may supervise the work of others, including work allocation, rostering and guidance;
• works under limited supervision, either individually or in a team;
• may require comprehensive computer knowledge or be required to use a computer on a regular basis;
• possesses developed administrative skills and problem solving abilities;
• possesses well developed communication, interpersonal and/or arithmetic skills; and
• may require formal qualifications at trade or Advanced Certificate or Associate Diploma level and/or relevant skills training or experience.

A.6.8 Hospital Services employee—level 8
Employees at this level will typically have worked or studied in a relevant field and will have achieved a standard of relevant and/or specialist knowledge and experience sufficient to enable them to independently advise on a range of activities and features and contribute, as required, to the determination of objectives, within the relevant field/s of their expertise.
They are responsible and accountable for their own work; and may have delegated responsibility for the work under their control or supervision, in terms of, inter alia, scheduling workloads, resolving operations problems, monitoring the quality of work produced as well as counselling staff for performance as well as work related matters.
They would also be able to train and to supervise employees in lower levels by means of personal instruction and demonstration. They often exercise initiative, discretion and judgment in the performance of their duties.
The possession of relevant post secondary qualifications may be appropriate but not essential.
Indicative typical duties and skills in this level may include:

• operating and having responsibility for a complex and diverse payroll system;
• applying detailed knowledge of the organisation’s objectives, performance, projected areas of growth, product trends and general industry conditions for the purposes of assisting in developing policy or new products and services to meet changing market needs or other circumstances;
• using computer software packages including evaluating and determining optimum software solutions or the integration of complex word processing/data/graphics text;
• finalising quotations or costings by applying a detailed knowledge of variable inputs, margins, market conditions, supply and delivery arrangements; or
• preparing internal reports for management in any or all of the following areas:
(a) account/financial;
(b) staffing;
(c) legislative requirement; and
(d) other significant company activities/operations.

A.6.9 Hospital Services employee—level 9
Work at this level is usually performed in relation to established priorities, task methodology and work practices to achieve results in line with the organisation goals.
The work may include preparing papers and reports, drafting complex correspondence for senior employees, undertaking activities of a specialist or detailed nature, assisting in the preparation of procedural guidelines, providing, interpreting and analysing information for clients or other interested parties, exercising specific process responsibilities, and overseeing and co-ordinating the work of subordinate staff.
Work at this level includes supervision of a work group, small work area or office within the total organisational structure and co-ordination of a range of organisation functions.
Work is performed under general direction as to work priorities and may be of a technical or professional, project, procedural or processing nature, or a combination of these.
Direction exercised over work performed at this level may be less direct than at lower levels and is usually related to task methodologies and work practices. Employees at this level are expected to set priorities and to monitor work flow in the area of responsibility.
The work at this level requires the application of knowledge usually gained through previous experience in the discipline or from post secondary or tertiary study. The work may require the co-ordination of a range of organisation functions and the exercising of judgment and/or delegated authority in areas where precedents or procedures are not clearly defined.
Independent action may be exercised at this level, e.g. developing procedures, management strategies and guidelines.
Indicative typical duties and skills at this level may include:

• supervising staff, setting priorities, monitoring work flow, and the development of strategies or work practices;
• having responsibility for the development of appropriate training programmes related to group development;
• applying equal employment opportunity and industrial relations principles;
• providing advice in relation to personal and career development related to work requirements;
• liaising or communicating with clients or other interested groups;
• general knowledge of the organisation’s operations, combined with specialist knowledge of major activities within the work area; or
• being able to investigate interpret or evaluate information where legislation, regulations, instructions or procedural guidelines do not give adequate or specific answers.

A.7 Hospital Technical employees
A.7.1 Hospital Technical employee—level 1
An employee at this level:

• is capable of prioritising work within established routines, methods and procedures;
• is responsible for work performed with a medium level of accountability or discretion;
• works under close technical supervision, either individually or in a team;
• possesses sound communication and/or arithmetic skills; and
• requires specific on-the-job training and/or relevant skills training or experience.

A.7.2 Hospital Technical employee—level 2
An employee at this level:

• is capable of functioning with a high level of autonomy, and prioritising their work within established policies, guidelines and procedures;
• is responsible for straightforward work performed with a substantial level of accountability and responsibility;
• works under technical supervision, either individually or in a team;
• may require comprehensive computer knowledge or be required to use a computer on a regular basis;
• possesses administrative skills and problem solving abilities;
• possesses well developed communication, interpersonal and/or arithmetic skills; and
• may require formal qualifications at post-trade or Advanced Certificate or Associate Diploma level and/or relevant skills training or experience.

A.7.3 Hospital Technical employee—level 3
An employee at this level:

• is capable of functioning semi autonomously, and prioritising their own work within established policies, guidelines and procedures;
• is responsible for moderately complex work performed with a substantial level of accountability;
• works with limited supervision, either individually or in a team;
• may require basic computer knowledge or be required to use a computer on a regular basis;
• possesses administrative skills and problem solving abilities;
• possesses well developed communication, interpersonal and/or arithmetic skills; and
• requires substantial on-the-job training and may require formal qualifications at trade or certificate level and/or relevant skills training or experience.

A.7.4 Hospital Technical employee—level 4
An employee at this level:

• is capable of functioning with a high level of autonomy, and prioritising their work within established policies, guidelines and procedures;
• is responsible for complex work performed with a substantial level of accountability and responsibility;
• works with limited supervision, either individually or in a team;
• may require comprehensive computer knowledge or be required to use a computer on a regular basis;
• possesses administrative skills and problem solving abilities;
• possesses well developed communication, interpersonal and/or arithmetic skills; and
• may require formal qualifications at post-trade or Advanced Certificate or Associate Diploma level and/or relevant skills training or experience.

A.7.5 Hospital Technical employee—level 5
Employees at this level will typically have worked or studied in a relevant field and will have achieved a standard of relevant and/or specialist knowledge and experience sufficient to enable them to independently advise on a range of activities and features and contribute, as required, to the determination of objectives, within the relevant field/s of their expertise.
They are responsible and accountable for their own work; and may have delegated responsibility for the work under their control or supervision, in terms of, inter alia, scheduling workloads, resolving operations problems, monitoring the quality of work produced as well as counselling staff for performance as well as work related matters.
They would also be able to train and to supervise employees in lower levels by means of personal instruction and demonstration. They often exercise initiative, discretion and judgment in the performance of their duties.
The possession of relevant post secondary qualifications may be appropriate but not essential.
Indicative typical duties and skills in this level may include:

• operating and having responsibility for a complex and diverse payroll system;
• applying detailed knowledge of the organisation’s objectives, performance, projected areas of growth, product trends and general industry conditions for the purposes of assisting in developing policy or new products and services to meet changing market needs or other circumstances;
• using computer software packages including evaluating and determining optimum software solutions or the integration of complex word processing/data/graphics text;
• finalising quotations or costings by applying a detailed knowledge of variable inputs, margins, market conditions, supply and delivery arrangements; or
• preparing internal reports for management in any or all of the following areas:
(a) account/financial;
(b) staffing;
(c) legislative requirement; and
(d) other significant company activities/operations.

A.7.6 Hospital Technical employee—level 6
Work at this level is usually performed in relation to established priorities, task methodology and work practices to achieve results in line with the organisation goals.
The work may include preparing papers and reports, drafting complex correspondence for senior employees, undertaking activities of a specialist or detailed nature, assisting in the preparation of procedural guidelines, providing, interpreting and analysing information for clients or other interested parties, exercising specific process responsibilities, and overseeing and co-ordinating the work of subordinate staff.
Work at this level includes supervision of a work group, small work area or office within the total organisational structure and co-ordination of a range of organisation functions.
Work is performed under limited direction as to work priorities and may be of a technical or professional, project, procedural or processing nature, or a combination of these.
Direction exercised over work performed at this level may be less direct than at lower levels and is usually related to task methodologies and work practices. Employees at this level are expected to set priorities and to monitor work flow in the area of responsibility.
The work at this level requires the application of knowledge usually gained through previous experience in the discipline or from post secondary or tertiary study. The work may require the co-ordination of a range of organisation functions and the exercising of judgment and/or delegated authority in areas where precedents or procedures are not clearly defined.
Independent action may be exercised at this level, e.g. developing procedures, management strategies and guidelines.
A.8 Health Professional employees
A.8.1 Health Professional—level 1
Positions at level 1 are regarded as entry level health professionals and for initial years of experience. This level is the entry level for new graduates who meet the requirement to practise as a health professional (where appropriate in accordance with their professional association’s rules and be eligible for membership of their professional association) or such qualification as deemed acceptable by the employer. It is also the level for the early stages of the career of a health professional.
A.8.2 Health Professional—level 2
A health professional at this level works independently and is required to exercise independent judgment on routine matters. They may require professional supervision from more senior members of the profession or health team when performing novel, complex, or critical tasks. They have demonstrated a commitment to continuing professional development and may have contributed to workplace education through provision of seminars, lectures or in-services. At this level the health professional may be actively involved in quality improvement activities or research. At this level the health professional contributes to the evaluation and analysis of guidelines, policies and procedures applicable to their clinical/professional work and may be required to contribute to the supervision of discipline specific students.
A.8.3 Health Professional—level 3
A health professional at this level would be experienced and be able to independently apply professional knowledge and judgment when performing novel, complex, or critical tasks specific to their discipline. At this level health professionals will have additional responsibilities.
An employee at this level:

• works in an area that requires high levels of specialist knowledge and skill as recognised by the employer;
• is actively contributing to the development of professional knowledge and skills in their field of work as demonstrated by positive impacts on service delivery, positive referral patterns to area of expertise and quantifiable/measurable improvements in health outcomes;
• may be a sole discipline specific health professional in a metropolitan, regional or rural setting who practices in professional isolation from health professionals from the same discipline;
• is performing across a number of recognised specialties within a discipline;
• may be accountable for allocation and/or expenditure of resources and ensuring targets are met and is responsible for ensuring optimal budget outcomes for their customers and communities;
• may be responsible for providing regular feedback and appraisals for senior staff to improve health outcomes for customers and for maintaining a performance management system; and
• is responsible for providing support for the efficient, cost effective and timely delivery of services.

A.8.4 Health Professional—level 4
A health professional at this level applies a high level of professional judgment and knowledge when performing a wide range of novel, complex, and critical tasks, specific to their discipline.
An employee at this level:

• has a proven record of achievement at a senior level;
• has the capacity to allocate resources, set priorities and ensure budgets are met within a large and complex organisation;
• may be responsible to the executive for providing effective services and ensuring budget/strategic targets are met;
• supervises staff where required; and
• is expected to develop/implement and deliver strategic business plans which increase the level of care to customers within a budget framework.

A.9 Hospital Administrative Officers
A.9.1 Hospital Administrative Officer - level 1
An employee at this level:

• carries out routine checks by simple comparisons, maintaining basic records, obtaining or providing information about straight forward matters and routine user maintenance of equipment;
• undertakes a range of basic clerical functions within established routines, methods and procedures requiring the application of basic skills and routines;
• works under close supervision, either individually or in a team;
• possesses sound communication and/or arithmetic skills; and
• requires specific on-the-job training and/or relevant skills training or experience.

A.9.2 Hospital Administrative Officer - level 2
An employee at this level:

• works either individually or in a team undertaking a range of operational and administrative tasks under general instruction and close supervision but with discretion in selecting the most appropriate method and sequence
• requires a comprehensive knowledge of specific procedures and regulations such as of medical terminology and/or a working knowledge of health insurance schemes;
• may require basic computer knowledge or be required to use a computer on a regular basis;
• possesses administrative skills and problem solving abilities; where problems encountered are of a simple nature with solutions found by reference to established methods and procedures; and
• possesses well developed communication, interpersonal and/or arithmetic skills.;

Schedule B—Summary of hourly rates of pay
B.1 Full-time and part-time employees other than shiftworkers – ordinary rates

B.2 Full-time and part-time employees other than shiftworkers – overtime rates

B.3 Full-time and part-time shiftworkers – ordinary and penalty rates

B.4 Full-time and part-time shiftworkers – overtime rates