AN120012 – Aged Care Industry (Broken Hill) Award

AN120012 – Aged Care Industry (Broken Hill) Award

11. ALLOWANCES FOR SPECIAL WORKING CONDITIONS

(a) Sleepover Allowance

Hostel employees may be required in addition to working normal rostered shifts to carry out sleepovers. A sleepover means being accommodated overnight at the facility and sleeping, whilst at the same time being on hand to provide unforseen direct care to residents and work of an emergency nature.

The following conditions shall apply to each night of sleepover:

(i) The span for a sleepover shall be not less than eight hours and not more than ten hours on any one night.

(ii) Employees shall be provided with free board and lodging for each night on which they are required to sleep over.

(iii) Employees shall be provided with a separate room with a bed and use of staff facilities.

(iv) In addition to the provision of free board and lodging for such nights, the employee shall be entitled to a sleepover allowance of the amount set out in Item 5 of Table 2 - Allowances, of Part B, Monetary Rates, for each night on which they sleepover.

(v) No work other than that of an emergency nature and/or work involving the direct care of residents shall be required to be performed during any sleepover.

(vi) An employee directed to perform work other than that of an emergency nature and/or work involving the direct care of a resident during any sleepover shall be paid the appropriate hourly rate from the start of the sleepover to the end of the non-emergency work, or from the start of the non-emergency work to the end of the sleepover, whichever is the lesser, in addition to the sleepover allowance.

(vii) All time worked during any sleepover shall be paid as follows;

(1) All time worked by full-time employees during any sleepover shall be paid for at overtime rates.

(2) All time worked by permanent part-time employees and casual employees during any sleepover shall be paid for at ordinary rates; provided that, if the total number of hours worked on that day exceeds the number of hours worked by full-time employees, or ten hours where there are no such full-time employees, then the excess hours worked on that day shall be paid for at overtime rates; and provided further that if the total number of hours worked in the week exceeds 38 hours, or exceeds 76 hours in the fortnight as the case may be, then the excess hours worked in that week or fortnight, as the case may be, shall be paid for at overtime rates.

(3) And provided further that where the employee does not have eight consecutive hours off duty between ordinary rostered duty on successive days, then the provisions of paragraph (x) of subclause (a) of this clause will apply.

(viii) A sleepover may be rostered to commence immediately at the conclusion of the employee's shift and continuous with that shift; and/or immediately prior to the employee's shift and continuous with the shift, and not otherwise.

(ix) No employee shall be required to sleepover during any part of their rostered days off and/or allocated days off.

(x) An employee (whether a full-time employee, permanent part-time employee or casual employee) who performs so much work during sleepover periods between the termination of their ordinary work on any day or shift and the commencement of their ordinary work on the next day or shift that they have not had at least eight consecutive hours off duty between these times shall, subject to this subclause, be released after completion of such work until they have had eight consecutive hours off duty without loss of pay for ordinary working time occurring during such absence. If on the instruction of the employer such an employee resumes or continues to work without having such eight consecutive hours off duty they shall be paid at double time of the appropriate rate applicable on such day until they are released from duty for such period and then shall be entitled to be absent until they have had ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

(xi) Casual employees may only be used for sleepovers when full-time employees, permanent part-time employee are not available for that duty and in no case shall casual employees be used exclusively or almost exclusively for sleepovers.

(xii) Nothing in this clause shall preclude the employer from rostering an employee to work shift work in lieu of undertaking sleepovers.

(b) Driving Allowances

(i) Employees other than the drivers of ambulances, buses or other motor vehicles, who are required to drive a vehicle as part of their duties shall be paid in addition to the ordinary rate, an allowance of the amount set out in Item 6 of Table 2 Allowances per week for each week in which they are required to drive a vehicle provided that an employee who drives a vehicle for more than ten hours in any week shall be paid the appropriate rate for a motor vehicle driver for the time spent driving, with a minimum payment of the amount set out in the said Item 6 of Table 2 Allowances. Provided that an employee who drives a vehicle for more than four hours in any one day or shift shall be paid as a motor vehicle driver for that day or shift with a minimum payment of the amount set out in Item 6 Table 2 Allowances.

(ii) Provided however, that an employee who drives a vehicle for more than 20 hours in any week shall be paid as a motor vehicle driver for that week.

(iii) Provided further that this subclause shall not apply to any employee in receipt of a margin in excess of that prescribed by this award for a motor vehicle driver, provided further that this subclause shall not apply to any employee who is required to relieve a driver of an ambulance, bus or other vehicle, and who is entitled to be paid in accordance with the terms of Clause 27, Relieving other Members of Staff.

(i) Employees engaged in work of a dirty or offensive nature and/or cleaning or scraping work in confined spaces (such as inside ventilator shafts, air conditioning ducts or the like) shall, whilst so employed, be paid an allowance of the amount set out in Item 7 of Table 2 Allowances per hour extra.

(ii) Provided however that employees engaged in cleaning or scraping work inside the gas or water space of any boiler, flue or economiser shall, whilst so employed, be paid an allowance of the amount set out in Item 8 of Table 2 Allowances per hour extra.

(iii) Employees who are required to assist trades persons on work of a dirty or offensive nature shall be paid disability allowances under the same terms and conditions as the disability allowances that may be payable to the trades persons they are assisting.

(iv) Employees shall be paid an allowance of the amount set out in Item 9 of Table 2 Allowances per hour or part thereof for all time during which they are engaged in handling linen of a nauseous nature other than linen sealed in bags.

(d) Travelling Allowances

(i) An employee sent for duty to a place other than their regular place of duty, or required to travel on official business shall be paid for all excess travelling time at the appropriate rate of pay and will be reimbursed all reasonable travelling expenses and when their own private vehicle is used shall be paid the allowance as set out in item 10 of Table 2 - Allowances.

(e) On Call Allowances

(i) An employee required by his/her employer to be on call shall be paid the amount set out in Item 11 of Table 2 - Allowances.

(f) Flexibility Allowance

(i) In recognition of the increased flexibility to work arrangements and the anticipated productivity gains brought about by this award, each employee who works a shift in excess of five hours on any one day, shall receive an allowance of an amount as set out in Item 12 of Table 2 Allowances for each shift so worked. Such allowance will be paid as a flat rate per shift and will not be paid for any other purpose of the award, nor will it be increased at any time.