AN120435 – Private Hospital Industry Nurses' (State) Award
(i) Notwithstanding any other provision of this award, Pilot Roster Projects for the purposes of trialing flexible roster practices may be implemented on the following basis:
(a) The terms of the Pilot Roster Project shall be agreed in writing between the employer and the Association on behalf of the nurses participating in the project. Provided that the Association shall not unreasonably refuse to agree to, or unreasonably delay in responding to, a Pilot Roster Project proposed by an employer.
(b) The terms shall include
(1) the duration of the project; and
(2) the conditions of the project, and
(3) the award provisions required to be overridden in order to implement the project; and
(4) review mechanisms to assess the effectiveness of the project.
(c) Whilst the Pilot Roster Project is being conducted according to its terms, the employer shall not be deemed to be in breach of the award by reason alone of implementing the project.
(d) Any purported Pilot Roster Project which does not comply with this clause is not a Pilot Roster Project for the purposes of this clause and in particular no employer shall be able to claim the benefit of subclause (c) when implementing such project.
(ii) The Association agrees to participate in a review of the operation of this clause, if requested by a party to the making of this award.