Royal District Nursing Service Ltd -Victoria- Staff Enterprise Agreement 2012

Royal District Nursing Service Ltd Victorian Operations Enterprise Agreement 2016

Page 1 of 132 1. Part 1 - Common Terms ______5 1.1. Title ______5 1.2. Application of Agreement and Parties Bound ______5 1.3. Scope of the Agreement, Relationship to the National Employment Standards. ______5 1.4. Date and period of Operation ______5 1.5. Wages ______5 1.6. Posting of the Agreement ______5 1.7. Capability to Vary Agreement ______6 1.8. No Extra Claims ______6 1.9. Division into Parts______6 1.10. Grievances and Dispute Resolution over the Application of this Agreement ______6 1.11. Individual Flexibility Arrangements ______7 1.12. Performance Improvement ______8 1.13. Discipline ______9 1.14. Superannuation ______11 1.15. Salary Packaging ______11 1.16. Organisational Change ______12 1.17. Change Implementation ______14 1.18. Redeployment ______14 1.19. Retraining ______15 1.20. Relocation ______15 1.21. Income Maintenance ______15 1.22. Redundancy and Redeployment Implementation Processes ______16 1.23. Separation Packages ______16 1.24. Notice Period ______17 1.25. Anti-discrimination ______17 1.26. Legislative Changes ______18

2. Part Two - Nursing and Community Care Aides (Nursing Assistants) ______19 2.1. Intent of this Part ______19 2.2. Definitions______19 A) Staffing Arrangements ______20 2.3. Annual Leave, Long Service Leave and Extended Leave Relief ______20 2.4. Types of Employment ______20 2.5. Full time employment ______20 2.6. Part time employment ______21 2.7. Review of Hours – Part-time Employees ______21 2.8. Casual Employment ______22 2.9. Casual Conversion ______22 2.10. Term Employment ______22 2.11. Filling of Vacancies ______23 2.12. Rostering ______23 2.13. Saturday and Sunday work ______24 2.14. Hours of Work ______24 2.15. Overtime ______25 2.16. On call ______27 2.17. Four clear days off ______28 2.18. Meal and Tea Breaks ______29 2.19. Daylight Savings ______29 2.20. Workload Management ______29 2.21. Public Holidays ______30 Royal District Nursing Service Ltd Victorian Operations Enterprise Agreement 2016

Page 2 of 132 2.22. Public Holiday Substitution ______31 2.23. Public Holiday pay ______31 2.24. Public holidays occurring on rostered days off. ______31 2.25. Accrued days off on public holidays ______31 2.26. Public holidays occurring during annual leave ______31 2.27. Part-time Employees ______31 2.28. Public Holiday – Overtime ______32 B) Classifications ______32 2.29. Professional Leadership ______32 2.30. Client Service Manager______32 2.31. District Nurse Advanced ______33 2.32. Nurses ______35 2.33. Enrolled Nurses ______38 2.34. Community Care Aide (Nursing Assistant) ______40 C) Wage and Allowance Matters ______41 2.35. Rates of Pay ______41 2.36. Progression through Pay Points ______41 2.37. Payment of Wages ______41 2.38. Allowances ______41 2.39. Shift Allowances ______41 2.40. Travelling, transport and fares ______42 2.41. Qualification Allowance – Registered Nurses ______42 2.42. Qualification Allowance - Enrolled Nurses ______43 2.43. Senior – Enrolled Nurse ______44 2.44. Clothing and Equipment ______45 2.45. Uniform and Laundry Allowance ______45 2.46. Meal Allowances ______45 2.47. Higher Duties (Registered Nurse Only) ______46 D) Leave Arrangements ______46 2.48. Parental Leave ______46 2.49. Compassionate Leave ______52 2.50. Community Service Leave ______52 2.51. Jury Service ______53 2.52. Professional Development ______53 2.53. Personal leave______55 2.54. Taking unpaid carer’s leave ______59 2.55. Quantum of Annual Leave ______59 2.56. Career Break Scheme ______62 2.57. Long Service Leave ______63 2.58. Accident Pay ______63 2.59. See Appendix C – Accident Pay. ______63 APPENDIX A - WAGES AND ALLOWANCES ______64 APPENDIX B – LONG SERVICE LEAVE ______68 APPENDIX C – ACCIDENT PAY ______73 APPENDIX D – Letter of Appointment/Statement of Appointment ______77

3. Part Three - Heath Professionals and Support Staff ______78 3.1. Intent of this Part ______78 3.2. Definitions______78 A) Staffing Arrangements ______79 3.3. Types of Employment ______79 Royal District Nursing Service Ltd Victorian Operations Enterprise Agreement 2016

Page 3 of 132 3.4. Full time employment ______79 3.5. Part time employment ______79 3.6. Casual employment ______79 3.7. Casual Conversion ______79 3.8. Term Employment ______80 3.9. Filling of Vacancies ______80 3.10. Saturday and Sunday work ______80 3.11. Hours of Work ______81 3.12. Rostering ______81 3.13. Change of Roster ______81 3.14. Accumulation and taking of accrued days off (ADOs) ______81 3.15. Shut-down over Christmas Period ______82 3.16. Overtime ______82 3.17. Full time Employees – Four Clear Days Off ______83 3.18. Meal and Tea Breaks ______85 3.19. Daylight Savings ______85 3.20. Public Holidays ______85 B) Classifications ______87 3.21. RDNS Support Staff Structure. ______87 3.22. Health Professional Classifications ______92 3.23. Research Classifications ______94 3.24. Health Information Manager Classification ______98 C) WAGE AND ALLOWANCE MATTERS ______98 3.25. Rates of Pay ______98 3.26. Travelling, transport and fares ______99 3.27. Higher duties ______99 3.28. Clothing and equipment ______99 3.29. Equipment to Support Excellent Service Provision ______99 3.30. Meal Allowances ______100 3.31. Shift Allowances ______100 3.32. Allowances and Experience Increments – Health Professionals ______100 3.33. Preceptor Allowance – Customer Service Operator ______101 D) Leave Arrangements ______101 3.34. Parental Leave ______101 3.35. Compassionate Leave ______107 3.36. Community Service Leave and Jury Leave ______108 3.37. Personal leave______108 3.38. Annual Leave ______113 3.39. Career Break Scheme ______114 3.40. Long Service Leave ______115 3.41. Professional Development Leave______115 3.42. Accident Pay ______116 APPENDIX A – WAGES AND ALLOWANCES ______117 APPENDIX B - LONG SERVICE LEAVE ______121 APPENDIX C - ACCIDENT PAY ______125 APPENDIX D – Letter of Appointment/Statement of Appointment ______129 Signatures ______130

Royal District Nursing Service Ltd Victorian Operations Enterprise Agreement 2016

Page 4 of 132 1. Part 1 - Common Terms

1.1. Title

1.1.1. This Agreement shall be known as the:

(a) Royal District Nursing Service Ltd Victorian Operations Enterprise Agreement 2016.

1.2. Application of Agreement and Parties Bound

(a) The parties to this Agreement are the Royal District Nursing Service Ltd (“RDNS”)

i. (ACN: 052 188 717) (the Employer) and; ii. All Employees of the Employer covered by classifications in Part 2 and Part 3 of this Agreement who are employed in Victoria.

1.3. Scope of the Agreement, Relationship to the National Employment Standards.

(a) The National Employment Standards (“NES”) and this Agreement contain the minimum terms and conditions of employment for Employees covered by the Agreement and shall apply to staff employed in classifications covered by this Agreement.

(b) Entitlements in accordance with the NES are provided for under the Fair Work Act 2009 (“Act”).

(c) Where this Agreement also has provisions regarding matters dealt with under the NES and the provisions in the NES set out in the Act are more favorable to an Employee in a particular respect than those provisions, then the NES will prevail in that respect and the provisions dealing with that matter in this Agreement will have no effect in respect of that Employee. The provisions in this Agreement otherwise apply.

(d) This Agreement is a complete record of the terms and conditions for employees covered by the Agreement and wholly replaces all previous industrial instruments, and agreements written or oral except as provided for in (e)1.3(e).

(e) Where an Employee has, in their Statement of Appointment/Letter of Appointment, an entitlement above what is detailed in this Agreement, they shall continue to receive that entitlement.

(f) No employee shall suffer an overall reduction in their respective base wage as result of the implementation of this agreement.

1.4. Date and period of Operation

(a) This Agreement comes into operation seven (7) days after approval by the Fair Work Commission and has a nominal expiry date of 1 June 2018.

(b) The parties agree to undertake discussions on future conditions no later than 31 March 2018.

1.5. Wages

(a) Weekly wages, as set out in Appendix A of each part, will be paid in the first full pay period on or after dates specified.

1.6. Posting of the Agreement

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Page 5 of 132 (a) A copy of this Agreement and the NES shall be available electronically so as easily accessed by Employees.

1.7. Capability to Vary Agreement

(a) An application to vary any terms of this Agreement may be made under Part 2-4 Division 7 of the Fair Work Act 2009.

1.8. No Extra Claims

(a) The parties acknowledge that this Agreement settles all claims in relation to the terms and conditions of employment of the Employees to whom it applies and agree that they will not pursue any extra claims during the term of this Agreement.

1.9. Division into Parts

(a) This Agreement has been divided into the following Parts:

i. Part 1-Introductory provisions and common terms

ii. Part 2-Nurses and Community Care Aides (Nursing Assistant).

a. This part contains all definitions, terms and conditions of employment relating to Nurses and Community Care Aides.

iii. Part 3-Health Professionals and Support Staff

a. This part contains all definitions, terms and conditions of employment relating to Health Professionals and Support Staff.

1.10. Grievances and Dispute Resolution over the Application of this Agreement

1.10.1. If a dispute relates to:

(a) a matter arising under the Agreement; or

(b) the National Employment Standards; this term sets out procedures to settle the dispute.

1.10.2. Procedures

(a) An employee will have the right for grievances to be heard through all levels of line management.

(b) In the first instance the employee will attempt to resolve the grievance with their immediate line manager.

(d) If the grievance is still unresolved, the matter shall be referred to senior management.

(e) A party to the dispute may appoint another person, organisation, or association to accompany or represent them in relation to the dispute.

(f) The above steps in sub-sections 1.10.2(a) to 1.10.2(c) shall take place within seven days or such longer period as may be mutually agreed.

Royal District Nursing Service Ltd Victorian Operations Enterprise Agreement 2016

Page 6 of 132 (g) If a dispute in relation to a matter arising under the Agreement is unable to be resolved at the workplace, and all agreed steps for resolving it have been taken, the dispute may be referred to Fair Work Commission for resolution by mediation and/or conciliation and, where the matter in dispute remains unresolved, arbitration. If arbitration is necessary the Commission may exercise the procedural powers in relation to hearings, witnesses, evidence, and submissions which are necessary to make the arbitration effective.

(h) While the dispute resolution clause is being conducted, work shall continue normally in accordance with customs and practice existing before the dispute arose. No party shall be prejudiced as to the final settlement by the continuance of work. Health and safety measures are exempted from this sub-clause.

(i) Any dispute referred to the Commission under this clause for conciliation or mediation should be dealt with by a member agreed by the parties at that time or, in default agreement, a member nominated by either the head of the relevant panel or the President.

(j) The decision of the Commission will bind the parties, subject to either party exercising a right of appeal against the decision to a Full Bench.

1.11. Individual Flexibility Arrangements

1.11.1. Notwithstanding any other provision of this Agreement, an Employer and an individual Employee may agree to vary the application of certain terms of this Agreement 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;

(d) allowances; and

(e) leave loading.

1.11.2. The Employer and the individual Employee must have genuinely made the Agreement without coercion or duress.

1.11.3. 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 1.11.1; and

(b) result in the Employee being better off overall than the Employee would have been if no individual flexibility agreement had been agreed to.

1.11.4. 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 Agreement that the Employer and the individual Employee have agreed to vary; Royal District Nursing Service Ltd Victorian Operations Enterprise Agreement 2016

Page 7 of 132 (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.

1.11.5. The Employer must give the individual Employee a copy of the agreement and keep that agreement as a time and wages record.

1.11.6. Except as provided in clause1.11.4(a) the agreement must not require the approval or consent of a person other than the Employer and the individual Employee.

1.11.7. 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. The Employee may seek independent advice from an organisation or other relevant advocate.

1.11.8. The agreement may be terminated:

(a) by the Employer or the individual Employee giving four (4) 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.

1.11.9. 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 Agreement.

1.12. Performance Improvement

1.12.1. If an Employee’s work performance is unsatisfactory or they achieve an ‘Unacceptable’ or ‘Improvement Required’ performance rating the Employer will attempt to resolve the problem through procedures that:

(a) Protect the interests of the Employer and its Employees;

(b) Are conducted fairly;

(d) Emphasise regular counselling; and

(e) Aim to restore performance to an acceptable level.

1.12.2. For the purposes of this clause, ‘unsatisfactory’ is defined as work performance below the general standard reasonably expected by the Employer for the classification level at which the Employee is employed.

1.12.3. The procedure for handling unsatisfactory performance will consist of the following steps:

1.12.4. Step 1- Specific guidance to improve performance:

Royal District Nursing Service Ltd Victorian Operations Enterprise Agreement 2016

Page 8 of 132 (a) Discussions between an Employee and their supervisor will occur as and when issues arise which involve poor performance. Appropriate documented plans and/or action, to be developed in conjunction with the Employee, will be put into place to overcome identified problems and any training identified as required.

(b) Reviews need to take place to guide and support an Employee to achieve and sustain the appropriate standard of performance.

(c) The Employee will be given a reasonable period of time that is sufficient for the Employee to overcome any problems identified, which should normally not exceed three months.

(d) A record of the counselling will be kept.

(e) The plans for rectification of any performance problems will be kept and a copy provided to the Employee.

1.12.5. Step 2 – Detailed guidance:

(a) Where the issue has not been resolved at the previous step in accordance with the plans established, a document may be issued by the manager which:

i. Gives a clear statement of expectations in terms of duties, responsibilities and performance levels;

ii. Details the problems which have not been rectified in accordance with the previous counselling;

iii. Confirms the standard required to achieve a satisfactory level of work performance;

iv. Specifies a reasonable timeframe for the Employee to reach and sustain the required standard of work performance; and

v. Sets out the likely consequences if the Employee does not reach and sustain the required standard of work performance.

(b) An Employee may seek the assistance of an Employee representative of their choice.

1.12.6. Step 3 – Final Review and Recommendation:

(a) When the Employer has;

i. Exhausted the process of guidance and work performance management as set out above, and

ii. the Employee has not achieved the desired work performance outcome.

(b) This step is taken to encompass a first warning under the disciplinary process and future management of the matter will be in accordance with part 1.13- Discipline.

1.13. Discipline

Royal District Nursing Service Ltd Victorian Operations Enterprise Agreement 2016

Page 9 of 132 (a) The Employer is committed to responsible and ethical behaviour in everything it does and recognises that honesty, integrity, and co-operation are the basis on which we build and maintain enduring community and business relationships.

(b) As an Employer of a skilled and dedicated workforce, the Employer anticipates that its Employees will comply with high ethical standards in all aspects of their workplace behaviour.

(c) If an Employee is alleged to have committed misconduct which is not of a serious nature, the line manager will discuss the alleged breach with the Employee and provide the opportunity for the Employee to respond.

(d) Throughout the process outlined the Employee may appoint a representative of their choice.

(e) If an Employee is alleged to have committed misconduct/breach sufficiently serious to warrant action, the Employer may suspend the Employee from duty with pay for such period as is reasonably necessary to finalise investigation under this process.

(f) If an Employee is believed to have committed misconduct and/or serious or repetitive breaches, the Employee will be given details in writing by the Employer and given an opportunity to respond. The response should be in writing and must be made within a reasonable time which is set by the Employer having regard to the circumstances and which provides the Employee with sufficient time to make their response.

(g) The Employer will schedule a meeting if necessary to discuss and decide the matter and inform the Employee in writing of the meeting date. The Employee will be informed that they may have the assistance of a representative at the meeting, if they wish to do so.

(h) After considering all the information reasonably available on the matter, and if the Employer determines that misconduct/breach has occurred, the Employer may, having regard to the degree of misconduct:

i. Take no further action;

ii. Counsel the Employee and identify and provide appropriate training;

iii. Issue a first verbal warning;

(i) If the problem continues the matter will be put in writing to the Employee, including a meeting time that provides an opportunity for the Employee to respond. Any warning will be given to the Employee in writing and recorded on the Employee's personal file.

(j) If the problem continues the Employee will again be notified in writing by the management representative, including a meeting time that provides an opportunity for the Employee to respond. A first warning may be given verbally. Any second or final warning is to be given to the Employee in writing and if required by either party, a copy sent to the union or other representative.

(k) If the problem re-occurs, the Employee's employment may be terminated. However, an Employee's employment may not be terminated without the authority of senior management.

(l) Where an allegation of ‘serious misconduct’ is found to have occurred and the Employer, having considered all the circumstances does not wish to terminate the Employee’s employment, a warning may be issued under paragraph (h) to (j) of this provision.

Royal District Nursing Service Ltd Victorian Operations Enterprise Agreement 2016

Page 10 of 132 (m) If a dispute arises over any disciplinary action instigated against an Employee by a management representative, then the matter will be referred to the Fair Work Commission and dealt with according to the dispute settlement clauses in this Agreement.

(n) If after any warning, a period of twelve (12) months elapses without any further warning or action being required, all adverse reports relating to the warning will have no further effect.

(o) The Employer may summarily dismiss the Employee without notice, where serious misconduct is found to have occurred (as defined by the Fair Work Act 2009).

1.14. Superannuation

(a) The subject of superannuation is dealt with extensively by legislation including the Superannuation Guarantee (Administration) Act 1992, the Superannuation Guarantee Charge Act 1992, the Superannuation Industry (Supervision) Act 1993, and the Superannuation (Resolution of Complaints) Act 1993. This legislation, as varied from time to time, governs the superannuation rights and obligations of the parties.

(b) RDNS shall make occupational superannuation contributions to the Fund. Superannuation contributions payable by RDNS into an approved fund will be calculated with the Superannuation guarantee legislation, on the Employee’s pre salary packaging and pre salary sacrifice income, for the applicable classification as varied by this Agreement.

(c) RDNS shall participate in accordance with the trust fund deeds. Upon commencement of employment, RDNS shall provide each Employee with membership forms for HESTA and First State Super funds (or their successors) and shall inform the Employee of their right to nominate a complying superannuation fund as per legislative requirements. In the event that the Employee has not completed an application form within twenty eight (28) days, RDNS shall forward contributions and Employee details to HESTA or First State Super (or their successors).

(d) An Employee may make additional contributions to the Fund from their salary and on receiving written authorisation from the Employee, RDNS must commence transferring the additional contributions to the Fund.

(e) Superannuation contributions shall be made on a monthly basis.

1.15. Salary Packaging

(a) All full-time, and part-time, and casual staff covered by this Agreement will have access to salary packaging arrangements as follows:

(b) By agreement between RDNS and the Employee, an amount up to the proportion allowable under legislation may be salary packaged in accordance with RDNS policy on salary packaging.

(c) The Employee shall compensate RDNS from within their base remuneration, for any Fringe Benefit Tax (FBT) incurred as a consequence of any salary packaging arrangement the Employee has entered into. Where the Employee chooses not to pay any of the costs associated with their salary packaging, RDNS may cease the Employee's salary packaging arrangements.

(d) The parties agree that in the event that salary packaging ceases to be an advantage to the Employee (including as a result of subsequent changes to FBT legislation), the Employee may elect to convert the amount packaged to salary. Any costs associated with the conversion to

Royal District Nursing Service Ltd Victorian Operations Enterprise Agreement 2016

Page 11 of 132 salary shall be borne by the Employee and RDNS shall not be liable to make up any benefit lost as a consequence of an Employee's decision to convert to salary.

(e) The Employee shall be responsible for all costs associated with the administration of their salary packaging arrangements, provided that such costs shall be confined to reasonable commercial charges as levied directly by the external salary packaging provider and/or in-house payroll service (as applicable), as varied from time to time.

(f) RDNS recommends to Employees who are considering salary packaging that they seek independent financial advice. RDNS shall not be held responsible in any way for the cost or outcome of any such advice and furthermore, the parties agree that the Employee shall pay for any costs associated with salary packaging.

1.16. Organisational Change

1.16.1. Consultation

(a) Where RDNS has made a definite decision to implement change that may have a significant effect on an Employee/s, RDNS will consult with the affected Employee/s, and their representative/s.

(b) Where RDNS proposes to introduce a change to the regular roster or ordinary hours of work of employees, the Employer must notify the relevant employees of the proposed change.

i. the relevant employee, or relevant employees, may appoint a representative for the purposes of the procedures; and

ii. the employee or employees advise the Employer of the identity of the representative; the Employer will recognise the representative.

(d) “Significant effect” means a change to an Employee's existing employment relationship as follows:

i. Significant changes in the composition, operation, or size of RDNS or the skills required or the permanent relocation of staff.

ii. The elimination or diminution of job and promotion opportunities or job tenure.

iii. Alteration to the Employee’s contracted hours of work or shift arrangements other than by mutual agreement.

iv. Relocation of an Employee or Employees on a permanent basis.

v. Relocation on a temporary basis where this occurs outside routine relocation.

vi. Significant changes in technology.

vii. Restructuring of jobs.

viii. The need to retrain employees.

Royal District Nursing Service Ltd Victorian Operations Enterprise Agreement 2016

Page 12 of 132 (e) For the purposes of the discussion referred to in 1.16.1(f), RDNS shall provide access to a written impact statement to the affected Employee/s, and/or their representative as soon as possible. The impact statement will include:

i. All relevant information about the changes.

ii. The reasons for the proposed changes and the number of Employees and the categories likely to be affected.

iii. The period over which the changes are likely to take place.

iv. The expected effects of the changes on Employees.

v. Other matters likely to affect the employees.

However, RDNS shall not be required to disclose confidential or commercially sensitive information to affected Employee/s or their representatives.

(f) RDNS shall discuss with the affected Employees and their representatives amongst other things:

i. The introduction of changes which are likely to have a significant effect on Employees.

ii. The effects such changes are likely to have on Employees.

iii. The reasons for any proposed changes and measures to avert or mitigate the adverse effects of such changes on Employees, and to provide an opportunity for Employees and their representatives to raise matters in relation to the changes and give consideration to these.

(g) These discussions shall commence as soon as practicable after a definite decision has been made by RDNS.

(h) If required a working party consisting of RDNS and representatives of Employees will be established to address issues arising from proposed change/s.

(i) RDNS shall provide reasonable resources to enable representation by the Working Party representatives.

(j) The Working Party shall consider the changes in a timely manner.

(k) If the Employer seeks to make changes under 1.16.1(b), the following shall apply:

i. the relevant employee, or relevant employees, may appoint a representative for the purposes of the procedures; and

ii. the employee or employees advise the Employer of the identity of the representative; the Employer will recognise the representative; and

iii. as soon as practical after proposing to introduce the change, will:

a. Discuss with the relevant employees the introduction of the change; and

b. For the purposes of the discussion, provide to the relevant employees, all relevant information about the change including the nature of the change and information about

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Page 13 of 132 what the Employer reasonably believes will be the effects of the change on the employees; and

c. Invite the relevant employees to give their views about the impact of the change (including any impact in relation to their family or caring responsibility).

iv. the Employer is not required to disclose confidential or commercially sensitive information to the relevant employees.

v. the Employer will give prompt and genuine consideration to matters raised about the change by the relevant employees.

vi. Relevant employees, means the employees who may be affected by the change referred to in clause 1.16(a) or (b).

1.17. Change Implementation

(a) RDNS will nominate a person whose responsibility shall include ensuring that consultation with their representatives, affected Employees and their managers occurs once the organisational change proposal has been decided by RDNS, but prior to its implementation.

1.18. Redeployment

(a) RDNS will consider redeployment opportunities.

(b) RDNS will advise affected Employees that all redeployment opportunities are advertised on the intranet and if an Employee is on leave the details will be posted to their home address.

(c) Where redeployment opportunities for an affected Employee are not immediately available, the period during which redeployment opportunities shall be investigated ("redeployment period") shall be up to a maximum of eight (8) weeks, with no payout of any remaining balance should the redeployment period be shorter than eight (8) weeks.

(d) Personal/family commitments of the Employee in respect to the locations and hours of work will be considered.

(e) RDNS shall enable the provision of counselling and retraining to assist in redeployment where appropriate.

(f) Staff within the redeployment period may be transferred to temporary alternative duties within RDNS, wherever practicable.

(g) All payments apply to permanent full time Employees and on a pro-rata basis to permanent part time Employees, including Employees who whilst classified as casual, should more properly be regarded as permanent part-time because of the regular and consistent nature of their hours/shifts over the previous twelve months period.

(h) “Suitable offer” means an offer of a position similar to the previous position within the Employee’s profession held by an affected Employee in terms of duties, responsibilities, and salary. If a similar position is not available, then the best alternative available position within the Employee’s profession, in terms of salary but not necessarily in terms of duties and responsibilities, will be deemed a suitable offer. This may be more than one (1) grade/salary level/band below that of the Employee’s current position at the Employee’s sole discretion only

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Page 14 of 132 and take into due account the personal circumstances, (including family responsibilities), of the Employee.

1.19. Retraining

(a) Retraining may be granted by RDNS if it is considered that an affected Employee's opportunity for redeployment to a suitable position within RDNS would be significantly increased by undertaking such training.

(b) All associated training costs shall be borne by RDNS.

1.20. Relocation

(a) Relocation refers to the situation where an affected Employee will suffer significant financial loss in relation to additional travelling expenses.

(b) Relocation for the purposes of this clause may include permanent or temporary transfer.

(c) As soon as is practicable after a decision is made by RDNS to relocate an affected Employee, RDNS shall advise the affected Employee in writing of the decision, the proposed timing of the transfer and any other alternatives available to the affected Employee.

(d) RDNS shall ensure that Employees who are relocated are provided with information on the new location’s amenities, layout, and local operations on relocation.

(e) Where an Employee is relocated, RDNS shall provide at least fourteen (14) days’ notice to the affected Employee unless otherwise mutually agreed.

(f) Any affected Employee on a term contract who is relocated during such specified period shall be covered by the terms of the Agreement for the duration of the term of the contract.

(g) An affected Employee who believes they are likely to incur such a loss should submit a claim with an estimate of the likely additional travelling and other expenses for the period of redeployment up to a maximum of twelve (12) months. A payment of up to of $1000.00 is available to staff after submission of anticipated costs. Any payment made to staff will be paid quarterly on a retrospective basis over a twelve (12) month period.

1.21. Income Maintenance

(a) An Employee, whose income is to be reduced as a result of an organisational change, shall be entitled to a temporary income maintenance allowance. The period during which any income maintenance allowance shall be payable shall not exceed fifty two (52) weeks from the date of redeployment.

(b) Income maintenance will not be offered to Employees where a suitable offer is offered, but the Employee elects not to accept the suitable offer but instead chooses to accept a position of lower hours or classification.

(c) The affected Employee's income maintenance allowance will be based on the statement of appointment, as applied over the prior three (3) month period.

(d) Income maintenance is paid on a fortnightly basis.

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Page 15 of 132 (e) If during the up to fifty two (52) weeks income maintenance period an Employee's employment contract is altered so that income maintenance is no longer applicable, then the income maintenance will cease.

(f) At the end of the relevant income maintenance period, the affected Employee shall be remunerated in accordance with those provisions prescribed for the position to which the affected Employee has been redeployed.

(g) An affected Employee, who works weekends immediately prior to redeployment to a position that requires the Employee to work Monday to Friday, shall be credited leave on a no less favourable basis than would have applied to the Employee immediately prior to the change. The entitlement shall apply for the twelve (12) month period immediately following the redeployment.

1.22. Redundancy and Redeployment Implementation Processes

(a) In accordance with clause 1.16 (Consultation), RDNS will advise Employees and their representatives of the positions affected by the organisational change.

(b) RDNS will call for volunteers interested in seeking a separation package.

(d) In considering the applications for voluntary redundancy, RDNS will consider amongst other things:

i. Whether the application is from an Employee who is in a position for which the changes would have a significant effect.

ii. If the applicant is not in a position subject to significant effect, RDNS will consider that application if the position is one that is suitable as a redeployment opportunity.

(e) Affected Employees will be notified in writing that their position is subject to redundancy, that they will be included in a redeployment process and the date on which this will commence.

(f) A separation package shall be paid only where there is no suitable offer of redeployment.

1.23. Separation Packages

(a) Notice periods will be as per Clause 1.24.

i. On occasions where payment is provided in lieu of notice, payments will be calculated in accordance with the Fair Work Act 2009(Cth).

ii. Consideration will be given if the Employee wishes to work out the notice period and this meets organisational needs.

(b) Severance pay is in accordance with the following table (up to a maximum of ten (10) years of service).

Length of Service Weeks of ordinary pay Less than 1 year 0 1 year but less than 2 years 4

Royal District Nursing Service Ltd Victorian Operations Enterprise Agreement 2016

Page 16 of 132 2 years but less than 3 years 6 3 years but less than 4 years 7 4 years but less than 5 years 8 5 years but less than 6 years 10 6 years but less than 7 years 12 7 years but less than 8 years 14 8 years but less than 9 years 16 9 years but less than 10 years 18 10 years and greater service 20

(c) RDNS agrees to pay a cost up to $500.00 to an affected Employee seeking private financial counselling, upon provision of a receipt or invoice from a provider registered with the Financial Planning Association. The receipt or invoice must be provided no later than four (4) weeks following termination of employment.

(d) RDNS will offer an outplacement support program to affected Employees if appropriate.

(e) Counselling via the Employee Assistance Program will be available up until one (1) week following termination of employment.

1.24. Notice Period

(a) RDNS may terminate the employment of an Employee by providing four (4) weeks’ notice in writing.

(b) The notice required by sub-clause (a)1.24(a) will be increased by one (1) week if the Employee is over forty five (45) years of age and has completed more than two (2) years continuous service.

(d) An Employee may terminate their employment by providing four (4) weeks’ notice to RDNS in writing.

(e) An Employee's failure to provide four (4) weeks written notice may result in deduction of part or whole of the final payment that is equivalent to the notice period.

(f) The period of notice may be waived or reduced by agreement between the Employee and RDNS.

(g) Sub-clauses 1.24(a) to 1.24(c) do not affect RDNS' right to terminate an Employee's employment without notice for serious misconduct.

(h) Sub-clauses 1.24(a) to 1.24(d) do not apply to an Employee under a term contract.

(i) RDNS shall inform an Employee who seeks to provide notice of the consequence of providing less than the notice required in 1.24(d) and provide that Employee with an opportunity to provide the required notice.

1.25. Anti-discrimination

Royal District Nursing Service Ltd Victorian Operations Enterprise Agreement 2016

Page 17 of 132 (a) It is the intention of RDNS to achieve the principal object in s.3(e) of the Act through respecting and valuing the diversity of the work force by helping to prevent and eliminate discrimination on the basis of race, colour, sex, sexual orientation, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin.

(b) Accordingly, in fulfilling their obligations under the Disputes Settling Procedures, RDNS must make every reasonable endeavour to ensure that neither the Agreement provisions nor their operation are directly or indirectly discriminatory in their effects.

i. Any different treatment (or treatment having different effects) which is specifically exempted under the Commonwealth anti-discrimination legislation;

ii. An Employee, Employer or registered organisation, pursuing matters of discrimination in any State or Federal jurisdiction, including any application to the Australian Human Rights Commission;

iii. The exemptions in s.351(2) of the Act.

1.26. Legislative Changes

(a) Where an Act of Parliament or Regulation referred to in this Agreement is or has been replaced by another Act of Parliament or Regulation, the reference to such an Act or Regulation in this Agreement shall be taken to refer to the successor Act or Regulation.

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Page 18 of 132 2. Part Two - Nursing and Community Care Aides (Nursing Assistants)

2.1. Intent of this Part

(a) Royal District Nursing Service (RDNS) is an independent not-for-profit organisation incorporated under the Australian Securities and Investment Commission. It is not a Government organisation, but receives funding from various sources including the State and Federal Governments.

(b) RDNS has and seeks to maintain a reputation for delivering high quality care to an increasingly complex and predominantly aging client population. More than ever, the environment in which we operate is characterised by frequent legislative change, intense qualitative scrutiny, competitor incursion and stringent efficiency expectations. To remain not only viable but the supplier of choice for home-based health care/services, RDNS must balance assured quality and safety with sustainable operational policies and practices.

2.2. Definitions

2.2.1. In this Agreement except where the context requires otherwise:

(a) “Employer” means the Royal District Nursing Service Ltd (RDNS) ACN: 052 188 717.

(b) “Employee” means a Registered Nurse, Enrolled Nurse or Community Care Aide employed in classification within this Part, in the state of Victoria.

(d) “RDNS Board” means people comprising Royal District Nursing Service Board of Directors.

(e) “AHPRA” means the Australian Health Professionals Registration Agency.

(f) “ANMF” means the Australian Nursing and Midwifery Federation – Victoria.

(g) “FTE” shall mean full time equivalent.

(h) “Extended leave” includes but is not limited to long service leave, parental leave, career break scheme and long-term WorkCover absences.

(i) “Act” refers to Fair Work Act 2009.

(j) “Ordinary pay” means remuneration for an Employee’s normal weekly hours of work calculated at the Employee’s ordinary time rate of pay provided for by this Agreement.

(k) A year of experience means service and experience following registration with the Nurses Board of Victoria (AHPRA or successor)in a grade or sub-grade at least equal to that in which the Employee is employed (or to be employed). Where an Employee has previously been employed in a higher grade or sub-grade, service and experience in that higher grade or sub-grade will count as service and experience in the lower grade or sub-grade for the purposes of determining an Employee’s experience.

(l) A year of experience means experience, (as defined), gained from working an average of three (3) shifts of not less than seven (7) hours or more per week in a year. If the Employee averages less than three (3) shifts per week or forty two (42) hours per fortnight, (whichever is the lesser), the Employee will need to complete an additional year to advance. Where in this Agreement there is reference to a number of years of experience greater than one (1), then Royal District Nursing Service Ltd Victorian Operations Enterprise Agreement 2016

Page 19 of 132 each such year of experience must be calculated by reference to the definition of one (1) year of experience in order to determine whether an Employee has attained the requisite number of years of experience.

(m) Registered Nurse means a person registered as such with AHPRA.

(n) Enrolled Nurse means a person registered as such with AHPRA.

(o) Community Care Aides (Nursing Assistant) means an Employee, other than one (1) registered pursuant to the provisions of the State or Territory Nurse Registration Board or one who is in training for the purpose of such registration, who is under the guidance and supervision of a Registered or Enrolled nurse and whose employment is solely to assist an RN or EN in the provision of nursing care to persons

(p) “Nurse” includes Registered Nurses and Enrolled Nurses

(q) “NES” means the National Employment Standards.

(r) Continuous service means as defined in the Long Service Leave provisions of this Agreement for the purpose of Long Service Leave.

(s) “Standard Rate” for all nurses means the standard rate for a District Nurse Year 3.

(t) “Service contract” is a commercial agreement for RDNS to undertake or provide services on behalf of another entity for a prescribed period. Continuity of employment cannot therefore be guaranteed as the agreement or contract may not continue after the expiry date.

(u) “Term contract” means a contract of employment which has a maximum period, but which can be terminated prior to that date in accordance with clause 1.24 of this agreement.

A) Staffing Arrangements

2.3. Annual Leave, Long Service Leave and Extended Leave Relief

(a) In all site or department budgets, provision will be made for the payment of salaries to Employees employed to replace other employees who are absent due to annual leave.

(b) Every effort will be made to fill the rostered hours of client care staff that are on extended leave i.e. long service leave and parental leave.

2.4. Types of Employment

2.4.1. At the time of engagement RDNS will inform each Employee in writing whether they are employed on a full-time, part-time or casual basis.

2.5. Full time employment

(a) A full time Employee will work 152 hours per four (4) week period to be worked as nineteen (19) days each of eight (8) hours, save for a full-time Employee working night shifts which will be worked as ten (10) hour shifts with an accrued day off in each five (5) week cycle. A day off is to accrue for all full time Employees

(b) A full-time night duty Employee rostered to work on shifts of ten (10) hours duration will work 190 hours to be worked as nineteen (19) shifts of ten (10) hours duration with an accrued night off in each five (5) week cycle.

Royal District Nursing Service Ltd Victorian Operations Enterprise Agreement 2016

Page 20 of 132 (c) The standard shift length for full-time Employees is eight (8) hours for a day or evening shift and ten (10) hours for a night shift.

(d) An Employee may, with the consent of RDNS, accumulate such ADOs up to a maximum of five (5) in any one year. Accumulated ADOs must be taken in the year in which they accumulate. In the case of termination of employment for whatever reason, accumulated ADOs will be paid to the Employee by RDNS.

(e) Where the system of working provides for the taking of Accrued Days Off (ADOs) and an employee’s employment is terminated:

i. one (1) or more ADOs have been granted in advance; or

ii. an ADO has been taken during the work cycle during which the Employee is terminated,

iii. the salary due to that Employee shall be reduced by the total of the ADOs taken in advance, and/or the total un-accrued portion of the ADO granted in that work cycle as the case may be;

iv. an Employee who has not worked a complete twenty (20) day four (4) week cycle (or five week cycle) as the case may be, shall receive pro rata accrued entitlements for each day worked or regarded as having been worked (i.e. paid leave) in such cycle payable for the accrued day off.

2.6. Part time employment

(a) A part-time Employee is one who is employed and who is ready, willing and available to work on a regular basis any number of hours up to but not exceeding thirty eight (38) hours in any one week (or seventy six (76) in a fortnight) provided that the number of hours worked may vary from week to week by mutual agreement. Such Employee shall be paid per hour worked an amount equal to 1/38th of the weekly salary appropriate to the Employee’s classification, provided that clauses 2.13- Saturdays and Sunday Work will also apply to part-time Employees, and payment in respect of any period of annual leave or long service leave to which an Employee may become entitled shall be on a pro rata basis.

(b) Payment in respect of any period of paid personal leave (where an Employee has accumulated an entitlement) and compassionate leave shall be made according to the number of hours the Employee would have worked on the day or days on which the leave was taken so as not to reduce the Employee’s salary below that level which such Employee would have received had such Employee not been absent.

(c) The setting of ordinary hours of work for a part time Employee will be on a per fortnight basis and will be mutually agreed in writing.

(d) The terms of the agreed hours may be varied by agreement and confirmed in writing.

(e) The terms of this Agreement will apply on a pro rata basis to part time Employees on the basis that the ordinary weekly hours for full time Employees are thirty eight (38).

(f) Part time Employees will be paid for a minimum of two (2) ordinary hours pay for each period of engagement.

2.7. Review of Hours – Part-time Employees

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Page 21 of 132 (a) Where the Employee is regularly working more than their specified contract hours for greater than a six (6) month period they may request that their contracted hours are reviewed by their Manager. The Manager will formally respond to the request giving consideration to the operational needs of RDNS.

2.8. Casual Employment

(a) A casual Employee is one who is engaged in relieving work or work of a casual nature and whose engagement is terminable by an Employer in accordance with the Employer’s requirements without the requirement of prior notice by either party, but does not include an Employee who could properly be classified as a full-time or part-time Employee under 2.4 and 2.5.

(b) A casual Employee shall be paid per hour worked an amount equal to 1/38th of the weekly salary appropriate to the class of work performed plus 25%.

(c) In addition, a casual Employee shall be entitled to receive the appropriate uniform and other allowances prescribed herein.

(d) A casual Employee will be paid a minimum of two (2) hours pay for each engagement.

(e) With respect to a casual Employee, the provisions of the Rest Period following overtime, Paid Annual Leave and Leave Loading; Paid Personal/Carer’s Leave (excluding unpaid carer’s leave); Long Service Leave (with the exception of enrolled nurses); Paid Compassionate Leave (excluding unpaid compassionate leave) shall not apply.

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

2.9. Casual Conversion

(a) A casual Employee who has worked on a regular and systematic basis is more appropriately classified as a part time or full time Employee. RDNS will provide an offer of part time or full time employment to the Employee which shall not be unreasonably refused. In the event the Employee rejects the offer of permanent employment, RDNS may advertise the position to be filled on a permanent basis.

(b) A casual Employee who has been rostered on a regular and systematic basis over twenty six (26) weeks, (provided that the rostering pattern has not resulted from coverage for extended absences such as maternity leave, long service leave, workers compensation leave and extended personal leave), has the right to request conversion to permanent employment and that request will not be unreasonably refused by the Employer.

2.10. Term Employment

(a) Term employment will only be used for "true term arrangements".

(b) “True term arrangements" include, but are not limited to, employment in graduate nurse positions, replacement of Employees on maternity leave, long term WorkCover, parental leave or long service leave, employment in projects and on service contracts as defined, with known expiry dates of less than three (3) years, and post-graduate training.

Royal District Nursing Service Ltd Victorian Operations Enterprise Agreement 2016

Page 22 of 132 (c) Where an Employee is engaged on a continuous basis on work derived from a contract with known expiry dates, that Employee shall be offered permanent employment when either the contract is renewed or extended for a second time or after three (3) years, whichever is sooner.

(d) Continuity of service will be recognised.

(e) RDNS shall provide each Employee with a letter of appointment/statement of appointment.

2.11. Filling of Vacancies

2.11.1. The process for advertising and filling of vacancies shall be as follows:

(a) Where a vacancy arises within a department, the responsible manager will initiate action to advertise the vacant position or available hours, internally and/or externally, with the exception as provided in (c) below.

(b) RDNS shall advertise all vacancies that arise where the vacancy relates to a position but for the vacancy occurring would have been ongoing, as soon as practicable (ordinarily within eight (8) working days), with the exception as provided in (c) below.

(c) RDNS may reassign staff to alternative roles at the same classification without advertising, to facilitate career development. The vacancy arising from such an arrangement shall be advertised in accordance with this clause. If a subsequent vacancy to the assigned position arises within twelve (12) months, the vacancy will be advertised in accordance with this clause.

(d) Where advertising is necessary, it may be either internal and/or external.

(e) Details of the changes to portability of personal leave for employees transferring from the public sector to RDNS will be included in external advertisements, interviews and letters of appointment.

2.12. Rostering

(a) Employees will work in accordance with a weekly or fortnightly roster fixed by the Employer. When working in accordance with such roster, this is referred to as being “on roster”.

(b) The roster will set out Employees’ daily ordinary working hours and starting and finishing times and will be displayed in a place conveniently accessible to Employees at least fourteen (14) days before the commencement of the roster period.

(c) Unless the Employer otherwise agrees, an Employee desiring a roster change will give seven (7) days’ notice except where the Employee is ill or in an emergency.

(d) Seven day’s notice of a change of roster will be given by the Employer to an Employee, the RDNS will discuss with the Employee their availability to undertake the changed shift and will be with mutual agreement except that, a roster by altered at any time to enable the functions of RDNS to be carried out where another Employee is absent from work due to illness or in an emergency. Any alteration to the roster which requires an Employee to work on a rostered day off, the day off will be at a time mutually agreed. Where any such alteration requires an Employee working on a day which would otherwise have been the Employee’s day off, the day off instead will be as mutually arranged.

(e) Part time Employees who elect to work extra shifts on a voluntary basis will be able to register their interest in working uncovered rostered shifts.

Royal District Nursing Service Ltd Victorian Operations Enterprise Agreement 2016

Page 23 of 132 (f) Employees to indicate to their nominated Manager their additional shift preferences to be worked.

(g) Where vacancies in the roster cannot be filled, Employees may be required to work additional shift(s) and will automatically receive the “change of roster allowance”, as listed in the wages table.

(h) Nothing in the above is intended to inhibit Employees swapping shifts amongst themselves or volunteering to work additional shifts amongst themselves, subject to line Manager approval, in which case no change of roster allowance is payable.

2.13. Saturday and Sunday work

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

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

(c) Where an employee works in excess of the ordinary full-time shift length, on a Saturday or Sunday, double time will apply for the excess period.

(d) The Saturday and Sunday loadings will not be in substitution for work performed by an Employee on Saturday or Sunday.

2.14. Hours of Work

(a) A full-time Employee will work 152 hours per four (4) week period to be worked as nineteen (19) days each of eight (8) hours, save for a full-time Employee working night shifts which will be worked as ten (10) hour shifts with an accrued day off in each five (5) week cycle. A day off is to accrue for all full time Employees.

(c) The standard shift length for full-time Employees is eight (8) hours for a day or evening shift and ten (10) hours for a night shift.

(d) Notwithstanding the above, on the individual Employee's written request and with the agreement of RDNS, a full time Employee may work a variation from the standard shift length to meet family responsibilities or personal commitments, and preferences, provided that the shift length will not exceed ten (10) hours.

(e) Employees may elect, with mutual agreement with RDNS, to work their shift in a non-standard manner. Where an Employee works less than five (5) hours in their rostered shift, they may elect to work an additional set of hours in the same day provided not more than ten (10) hours are worked in a twenty four (24) hour period. The process to obtain these shifts is as follows:

i. Employees submit a request in writing on a yearly basis to their Regional manager to be considered for such an arrangement.

Royal District Nursing Service Ltd Victorian Operations Enterprise Agreement 2016

Page 24 of 132 ii. The Regional manager will determine whether the request can be met within operational requirements.

iii. The RDNS/ANMF Consultative Committee will be provided on request with the number of applications received and accepted and the sites for their information. RDNS cannot request an Employee to work under such an arrangement.

(f) With not less than four (4) weeks’ notice RDNS will provide staff with advance knowledge of rostered shifts across all weekends by Monday to Sunday rostering.

2.15. Overtime

(a) Where a part time Employee either requests or agrees to work hours or shifts additional to their contracted hours but less than either eight (8) or ten (10) hours in one (1) day, as applicable, or thirty eight (38) hours in one (1) week, remuneration will be at ordinary rates only.

(b) Provided that where a part time Employee is directed to work hours or shifts additional to their contracted hours, remuneration for such time will be at the appropriate overtime rate.

(c) Overtime will be paid to an Employee where the Employee is directed by RDNS to perform work in addition to the full time rostered shift length for that location or Department, or in respect to an Employee performing shifts in accordance with (b)2.15(b).

i. For the purposes of this clause “full time rostered shift length” is eight (8) hours for Employees’ working day shift and afternoon shift and ten (10) hours in the case of Employees rostered on night shift. Each day or shift will stand alone.

ii. In respect to Employees whose shift length is determined pursuant to clause 2.15(b), “full time rostered shift length” shall mean eight (8) hours for Employees working day shift and afternoon shift and ten (10) hours in the case of Employees rostered on night shift, or their determined shift length, whichever is the greater.

(d) Overtime rates paid under this clause will be:

i. Monday to Friday (inclusive)—time and a half for the first two hours and double time thereafter;

ii. Saturday and Sunday—double time; and

iii. Public holidays—double time and a half.

(e) If due to organisational or institutional circumstances, difficulties arise from the requirement in sub-clause 2.15(b) that overtime will be only paid if the Employee is directed by RDNS to perform overtime work, the matter may be referred to the Fair Work Commission for resolution in accordance with Clause 1.10- Dealing with Industrial Disputes.

(f) RDNS may require an Employee to work reasonable overtime at overtime rates and such an Employee will work in accordance with such a requirement.

(g) (A part-time Employee working thirty eight (38) hours or more in any week will be regarded as a fulltime Employee for the period so worked.

2.15.1. Child Care Costs Royal District Nursing Service Ltd Victorian Operations Enterprise Agreement 2016

Page 25 of 132 (a) Where Employees are required by the Employer to work outside their ordinary hours of work and where less than twenty four (24) hours’ notice of the requirement to perform such overtime work has been given by the Employer, other than recall when placed on call, the Employee will be reimbursed for reasonable childcare expenses incurred.

(b) Evidence of expenditure incurred by the Employee must be provided to the Employer as soon as possible after the working of such overtime.

2.15.2. Recall – Overtime

(a) An Employee who is recalled to work during an off duty period where that work is not continuous with the next succeeding rostered period of duty will be paid overtime for a minimum of three (3) hours pay at the appropriate overtime rate.

(b) An Employee recalled to work will not be required to work the full three (3) hours if the work is completed in a shorter period.

(c) Sub – clause 2.15.2(b) will not apply when overtime is continuous with completion or commencement of ordinary working time.

(d) In lieu of receiving payment for overtime worked in accordance with this clause, Employees may, with the consent of RDNS, be allowed to take time off, for a period of time equivalent to the period worked in excess of ordinary rostered hours plus a period of time equivalent to the overtime penalty incurred. Such time in lieu shall be taken as mutually agreed between RDNS and the Employee, provided that the accrual of such leave shall not extend beyond a twenty eight (28) day period. Where the leave is not taken within twenty eight (28) days such time shall be automatically paid in accordance with this clause at the rate of pay which applied on the day the overtime was worked.

(e) For the purposes of this clause, in accruing or calculating payment of overtime, each period of overtime shall stand alone.

2.15.3. Rest period after recall – Overtime (including Saturday and Sunday)

(a) When overtime work including recall work (but excluding telephone or other communication device recall work of less than one (1) hour) is necessary, it should be arranged so that Employees have at least ten (10) consecutive hours off duty between that work and the next successive shift.

(b) An Employee who works so much overtime or recall work (excluding telephone recall work) between the termination of their last previous rostered ordinary hours of duty that they would not have had at least ten (10) consecutive hours off duty between the completion of overtime/recall and the commencement of the next rostered shifts, then subject to this clause, they have had ten (10) consecutive hours off duty without the loss of pay for rostered ordinary hours occurring during such absence.

(c) If an Employee is required by RDNS to resume or to continue to work without having had ten (10) consecutive hours off duty they will be paid at the rate of double time until they have been released from duty for such rest period and they shall be entitled to ten (10) consecutive hours off duty without loss of pay for rostered ordinary hours occurring during such absence.

2.15.4. Recall – Remote.

Royal District Nursing Service Ltd Victorian Operations Enterprise Agreement 2016

Page 26 of 132 (a) Where recall to duty can be managed without the Employee having to return to their base, such as by telephone, computer or other device, such Employee will be paid a minimum of one (1) hour’s overtime, provided that multiple recalls within a discrete hour will not attract additional payment.

2.16. On call

(a) An Employee may be rostered to be ‘on call’ (that is to be available to be recalled to duty in that period of time beyond the Employee’s rostered hours of work). RDNS Employees that are on call are provided with a mobile telephone or other communication device.

(b) If RDNS requires an Employee to be on call when off duty, the Employee shall be paid in addition to any other amount, an on-call allowance.

(c) An employee rostered to be on-call and who is able to respond when called shall be paid the on-call allowance set in Appendix A of this Part, as adjusted by this Agreement in line with movement in wages.

2.16.2. Regions and On Call

(a) In the event that redeployment to another region as part of an on- call cover is necessary it shall be undertaken within the Employee’s usual hours of work and consistent with clause 1.18.

2.16.3. Supporting the RDNS as a mobile workforce

(a) The practice of providing care to clients is a dynamic process for the staff in an increasingly mobile working environment. Information technology provided by RDNS to staff facilitates “starting from home” and reduces the need to attend RDNS sites on a daily basis to obtain client visit schedules or to upload client data. Where new tools or technology are introduced, Employees will be provided with training, where necessary, and once trained are required to utilise such new tools or technology as is required for their role.

(b) Although the work environment has changed and will continue to change (in response to both technology and service delivery demands and expectations) RDNS will support direct care staff through the following staffing arrangements –

i. All staff will be appointed to an RDNS Region or Department.

(c) The needs and numbers of support sites may vary within the life of this Agreement. RDNS will consult with affected employees in regard to any proposed change.

(d) RDNS staff may be required to travel to another region to support other staff in the provision of services. Advice of this requirement will be provided as early as possible. Where additional travel is required to the support site or attend the first or last client visit, the additional travel will be undertaken in the Employee’s usual hours of work.

(e) Consideration will be given to the reasonableness of the travel and the employee will not unreasonably refuse. A twenty (20) kilometre limit on redeployment to another region shall be considered as reasonable. Where the travel distance is greater than twenty (20) kilometres clause 2.16.3(b)) may apply.

(f) The Dispute Resolution Procedure may be utilised where agreement cannot be reached between RDNS and an employee.

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Page 27 of 132 2.17. Four clear days off

(a) An Employee is entitled to four (4) clear days off per fortnight free of duty, including on call/recall work.

(b) Despite sub-clause 2.17(a), in the event this does not occur:

i. Additional leave will be calculated for individual Employees at the end of each year of employment as per the algorithm employed by RDNS.

2.17.2. Assumptions:

(a) Each staff member should receive four (4) clear days (have worked less than or equal to ten (10) shifts/on-call) per fortnight (pay period).

(b) There are twenty six (26) fortnights (pay periods) per year.

(d) Overtime and Casual Staff are exempt from this ruling.

(e) Leave accrued does not attract 17.5% loading.

Pay Run No 4 Week Cycles Additional Leave On-Call Accrued

1 0.5 0.25 2 1 0.25 3 1.5 0.5 4 2 0.5 5 2.5 0.75 6 3 0.75 7 3.5 0.75 8 4 1 9 4.5 1 10 5 1 11 5.5 1 12 6 2 13 6.5 2 14 7 2 15 7.5 2 16 8 3 17 8.5 3 18 9 3 19 9.5 3 20 10 4 21 10.5 4 22 11 4 23 11.5 5 Royal District Nursing Service Ltd Victorian Operations Enterprise Agreement 2016

Page 28 of 132 24 12 5 25 12.5 5 26 13 5

(f) In the event an Employee terminates their employment the additional leave entitlement will be calculated by the mentioned four (4) clear day off method of calculation and will be paid on a pro rata basis.

(g) Leave which accrues in accordance with the calculation is to be taken by agreement between the Employer and the Employee within the operational needs of the organisation or paid out annually by mutual agreement.

2.18. Meal and Tea Breaks

(a) An Employee who works in excess of five (5) hours will be entitled to an unpaid meal break of not less than thirty (30) minutes and not more than sixty (60) minutes.

(b) Client allocation methods provide that Employees have their meal break; however, an Employee may elect when to take this meal break. If the Employee elects to take the meal break after working in excess of five (5) hours and within seven (7) hours, overtime will not be payable to the Employee.

(c) Every Employee will be entitled to a paid ten (10) minute tea break in each four (4) hours worked, or part thereof being greater than one (1) hour. Such rest break shall be at a time to be agreed between the Employee and Employer, taking into account the requirements of the clients, the Employee and their role within the organisation, and shall be counted as time worked.

(d) Subject to agreement between RDNS and Employee, such breaks may alternatively be taken as one twenty (20) minute tea break.

(e) In addition to the above, an Employee working in a role within a Customer Service Centre, will be entitled to an additional paid five (5) minute tea break in each eight (8) hour shift, to be taken continuous with one of their ten (10) minute tea breaks.

2.19. Daylight Savings

(a) Where an Employee works on a shift during which time changes because of the introduction of or cessation to, daylight saving, that Employee will be deemed to have worked the ’daylight savings shift’.

(b) Despite the overtime provisions of the Agreement, an Employee working the daylight savings shift will be paid for the actual hours worked.

(d) For the purpose of calculating accrued days off, Employees who work on a shift during which time changes because of the introduction of, or cessation to daylight saving, will be taken to have worked the standard hours for a night shift.

2.20. Workload Management

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Page 29 of 132 (a) RDNS will allocate work to enable Employees to conclude all work within the rostered shift including the taking of meal and rest breaks. If an Employee finds their workload is unreasonably heavy on an ongoing basis they will initially discuss the matter with their Manager.

(b) If a satisfactory resolution is not achieved the matter will be taken to Manager of the Region or Department.

2.21. Public Holidays

(a) An Employee shall be entitled to holidays on the following days:

i. New Year’s Day, Good Friday, Easter Saturday, Easter Monday, Christmas Day and Boxing Day; and

ii. The following days, as prescribed in the relevant States and localities: Australia Day, Anzac Day, Queen’s Birthday and Labour Day; and

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

(b) Full-time Monday to Friday Employees and/or part-time Employees engaged to work in services (however styled) that operate only on a Monday to Friday basis.

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

ii. When Boxing Day is a Saturday or a Sunday, a holiday in lieu thereof shall be observed on 28 December.

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

i. Christmas Day shall be observed on 25 December.

ii. Boxing Day shall be observed on 26 December.

iii. New Year’s Day shall be observed on 1 January.

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

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

(d) There will be no substitution for shift penalties for work performed by an employee on a Public Holiday

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Page 30 of 132 2.22. Public Holiday Substitution

(a) RDNS and an Employee may, by mutual agreement, substitute another day for a public holiday.

2.23. Public Holiday pay

(a) Any Employee who is required to be on duty on a day referred to in 2.21(a) to 2.21(c), or agreed to under 2.22, shall receive an additional sum equal to a day’s ordinary pay for that day.

(b) Provided that Employees rostered to work on public holidays and who fail to do so shall not be entitled to holiday pay for the said holiday.

(c) For the purpose of this clause ordinary pay per hour with respect to time worked by a casual Employee is an amount equal to 1/38th of the weekly wage rate appropriate to the class of work performed plus 25%.

2.24. Public holidays occurring on rostered days off.

(a) Any Employee shall receive a sum equal to a day’s ordinary pay for public holidays that occur on their rostered day off, excepting holidays falling on Saturday or Sunday with respect to Monday-Friday Employees.

2.25. Accrued days off on public holidays

(a) Where an Employee’s accrued day off falls on a holiday pursuant to this clause, on which the Employee would have been required to be on duty, another day shall be determined by the Employer to be taken in lieu thereof, such day to be within the same four (4) week (or five (5) week) work cycle where practical, as the case may be.

2.26. Public holidays occurring during annual leave

(a) Employees - whose entitlement with respect to a public holiday occurring during such an Employee’s period of annual leave is already prescribed in 2.55 (annual leave), where any public holiday occurs during any period of annual leave taken by an Employee pursuant to the annual leave provisions of this part, the Employee shall receive an additional sum equal to a day’s ordinary pay for such day, provided the employee would normally be rostered for that day.

2.27. Part-time Employees

(a) The entitlement to public holiday benefits for all part-time Employees who are rostered off duty on the day on which a public holiday occurs is to be determined as follows:

i. Where a public holiday occurs on a day that a part-time Employee would normally work, but the Employee is not required by RDNS to work, the part-time Employee is entitled to receive the public holiday benefit prescribed by the Agreement.

ii. Where a public holiday occurs on a day a part-time Employee is not rostered to work, the part-time Employee's entitlement will be determined by application of the following formula.

iii. average weekly hours worked by the part-time Employee over the previous six (6) months are to be determined; and

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Page 31 of 132 iv. a pro-rata payment made, regardless of whether the Employee would ever work on that day of the week.

Example for Employees

FTE Shift Length Base Payment Penalty Payment

24 hours x 8 hours 5.05 hours T1.0 5.05 hrs

38 hours

v. Where Employees have not worked a six (6) month period for the purposes of determining average hours, RDNS will have regard to the average hours worked for the period of their employment preceeding the public holiday.

2.28. Public Holiday – Overtime

(a) When a full time or part time employee works overtime on a public holiday overtime shall be calculated at time and a half of the employee’s public holiday rate for the first two (2) hours then double time at the employee’s public holiday rate thereafter.

(b) ‘employee’s public holiday rate” means the hourly rate applicable to the employee having regard to Special Rates for Saturday and Sunday and the additional sum equal to a day’s ordinary pay for that day of a Public Holiday.

B) Classifications

2.29. Professional Leadership

(a) Professional nursing leadership at RDNS will be provided by a full time senior Registered Nurse position of Chief Nursing Officer/Director of Nursing (DON) however titled.

2.30. Client Service Manager

(a) A Registered Nurse appointed as such with responsibilities for management, leadership, resources, monitoring of team against key performance indicators and ensuring compliance with legislation and achievement of exemplary customer service levels.

(b) A two (2) level structure, subject to the criteria set out below has been created to allow for greater opportunities for career progression in the CSM role and recognise different complexities at a site level.

2.30.2. Criteria for Level 2

(a) There are three (3) criteria within the structure:

i. Budgeted FTE

ii. Night Duty – the site undertakes a twenty four (24) hour, seven (7) day a week roster

iii. Program – Only programs that are external with funded positions and contractual obligations for the site to meet, beyond that of Home And Community Care, Department of Veterans Affairs, or Fee For Service.

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Page 32 of 132 2.30.3. Annual Review

(a) A review will be conducted on an annual basis after the budget process is completed. Any changes that occur during the year will not have an effect until the beginning of the next budget year after the budget process is completed.

(b) Each criterion is weighted and to meet the level of criteria necessary to obtain Level 2 status, a site must be in the fourth quartile of possible scores.

(c) CSM Level 2 positions will attract an allowance of $4000.00 per annum above the remuneration rate for CSM Level 1 positions.

(d) The appointment of local management for direct care staff will have regard to the following principles:

i. RDNS recognises the benefit of having direct care staff supported/managed by a Client Services Manager who is a Registered Nurse. There must be one (1) FTE Client Services Manager appointed in each RDNS Centre (but excluding satellites).

ii. Where RDNS has advertised the vacant Client Services Manager position both internally and externally, and has not succeeded in appointing a Registered Nurse to that position, RDNS will inform the ANMF that an appointment has not been made and the matter will be discussed with the RDNS/ANMF Consultative Committee.

2.31. District Nurse Advanced

(a) The definition of District Nurse (Advanced) is as follows which is required for application:

i. A Registered Nurse.

ii. With post registration qualifications in a relevant speciality and working in this area for a minimum of twelve (12) months full time; or

iii. Twenty four (24) months part time, averaging no less than twenty one (21) hours per week clinical experience with post registration qualifications in a relevant specialty; or

iv. four (4) years full time post registration experience with a minimum of three (3) years working in community nursing in an area of specialty.

2.31.1. District Nurse (Advanced) criteria and application process

(a) Key essential selection criteria

i. The number of criteria required will be no more than five (5) and will be achievable at their support site during paid work time.

(b) Clinical

i. High levels of clinical decision-making, problem identification/solving, relevant data skills.

ii. Maintenance and improvement of clinical standards specific to area of specialty.

iii. Demonstrates practice of evidence-based care.

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Page 33 of 132 (c) Professional Behaviour

i. Preceptor new staff, students, and graduate nurses.

ii. Acts as a resource in the clinical setting.

iii. Participates in a committee or clinical portfolio

iv. In – service presentation/skills acquisition program.

v. Excellent communication and interpersonal skills

2.31.2. Selection Process

(a) Positions advertised every six (6) months, May and October.

(b) Written applications including Performance Management and Development appraisal and resume to relevant Manager.

(c) Interview panel to consist of relevant Manager, Clinical Educator, or Senior Clinician, Director of Nursing or nursing delegate.

(d) The successful applicant will be notified within seven (7) days, the pay office will be notified at the same time with implementation to occur from the next pay period.

(e) If unsuccessful in meeting the criteria the Employee will be notified within seven (7) days.

(f) The unsuccessful Employee shall have the ability to appeal the decision as follows.

2.31.3. Appeals Process

(a) An appeals process shall be initiated as part of the overall selection process to the District Nurses (Advanced) classification. Composition of the Appeals Committee will be Director of Nursing (or nominee), and a Nurse Educator (These representatives will not have been on the original interview committee).

(b) If the appeal is unsuccessful the RDNS District Nurse (Advanced) committee shall provide the applicant with their reason for rejecting their appeal within fourteen (14) days.

(c) If the applicant is not satisfied with the outcome of the appeal the ANMF or Employee may refer the matter to Fair Work Commission.

(d) Both parties will accept the recommendations of Fair Work Commission and abide by the outcome.

2.31.4. Supporting the DNA Role

(a) To ensure the Employee has received appropriate support, the Employee will be reviewed as part of the annual Performance Management and Development appraisal against the selection criteria for District Nurse (Advanced), which will need to be met in order to maintain this classification.

(b) If the Employee is not meeting the key essential criteria at their twelve (12) month review, their manager will work with them to develop a plan on how they will achieve the key essential

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Page 34 of 132 criteria. The Employee will have six (6) months from the discussion date to meet the key essential criteria for ongoing classification at the District Nurse Advanced level.

(c) If unsuccessful in achieving the key essential criteria, the Employee may revert to their actual grade and year of experience.

(d) If unsuccessful in meeting the criteria, the Employee will be notified within seven (7) days.

(e) The Employee shall have the ability to appeal the decision as follows;

i. An appeals process shall be initiated as part of the overall selection process to the District Nurse (Advanced) classification. Composition of the Appeals Committee will be Director of Nursing (or nominee) and a Nurse Educator. (These representatives will not have been on the original interview committee).

ii. If the appeal is unsuccessful the RDNS District Nurse (Advanced) committee shall provide the applicant with their reason for rejecting their appeal within fourteen (14) days.

iii. If the applicant is not satisfied with the outcome of the appeal, the Dispute Resolution provision applies whereby the matter may be referred to FWC. Both parties will accept the recommendations of the Commission and abide by the outcome.

2.32. Nurses

2.32.1. Graduate District Nurse – A Registered Nurse in their first year of experience following registration as a Nurse with the APRHA.

(a) A Graduate District Nurse (as defined) shall commence employment with RDNS at District Nurse Year 2.

(b) On completion of the Graduate Year, such an Employee who continues employment with RDNS shall progress to District Nurse Grade 2 Year 2.

(c) If a current Employee becomes qualified to be an RN and there is a position available then the Employee will be classified at the first level of RN classification in which the Employee has no disadvantage in wages.

2.32.2. Entry Level (other than Graduate District Nurse) - A Registered Nurse or Enrolled Nurse commencing employment with RDNS as a District Nurse will be graded at the appropriate year of experience. Progression will be in accordance with this Agreement.

2.32.3. Re-entry Courses and Supervised Experience (Registered Nurses)

(a) Where an employee has not been regularly employed as a RN, or has not actively nursed for a period of five (5) years or more, such employee’s prior Years of Experience shall not be taken into account.

(b) For the first twelve (12) months after completion of a Re-entry Course or Supervised Experience, where such course or experience is required by the Nursing and Midwifery Board of Australia, nurses shall be paid at the rate appropriate to their Years of Experience, but no higher than District Nurse Year 3.

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Page 35 of 132 (c) After completion of twelve (12) months’ Experience in accordance with paragraph (a), a nurse (upon sufficient proof to support a claim for incremental advancement) shall be paid at the rate appropriate to their Years of Experience.

2.32.4. Nurse - Registered Nurse or Enrolled Nurse employed to provide:

(a) general district nursing services to a group of clients; or

(b) telephone support under the supervision of the Clinical Team Manager.

(d) An Enrolled Nurse employed as a Nurse will be graded based on the qualifications and years of experience in accordance with clause 2.33.

(e) A Registered Nurse employed as District Nurse will be graded as a District Nurse and based on years of experience

2.32.5. District Nurse (Advanced) – In addition to the duties of a District Nurse, also meets the criteria set out in clause 2.31.1 of this Agreement.

2.32.6. District Nurse (Specialised) - A Registered Nurse who is appointed to provide general district nursing services, with additional responsibilities, which may include:

(a) a special interest focus, i.e. a specialised knowledge in a particular area of nursing and, when requested, provides guidance and support to other District Nurses in their support site with respect to that specialised knowledge; and/or

(b) complex assessment i.e. has responsibility for complex assessment of new RDNS clients, the complex reassessment of existing clients where a deterioration of condition is identified, and the initial development of care plans for clients; and/or

(c) care management i.e. a District Nurse who has responsibility to the Client Services Manager for the coordination of care for a group of clients.

2.32.7. Community Health Nurse – HPP - A District Nurse who is appointed as a Homeless Persons Program Nurse.

2.32.8. Community Health Nurse – HPP Team Coordinator - A Registered Nurse who is appointed as a Homeless Person's Program Team Co-ordinator and undertakes duties in addition to those of a Community Health Nurse HPP.

2.32.9. District Nurse Liaison - A Registered District Nurse who is appointed as such, responsible for the primary assessment of hospital patients awaiting referral to RDNS, discharge planning and coordination of services between health services and district nursing services and other community services.

2.32.10. District Nurse Liaison Team Leader – A Registered District Nurse who is appointed as a Liaison Nurse Team Leader and undertakes duties in addition to a Liaison Nurse.

2.32.11. Clinical Team Manager- A District Nurse appointed as such with responsibilities that principally involve any of the following:

(a) preceptorship of new or existing Employees;

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Page 36 of 132 (b) coordination of resources for care delivery (including after hours);

(d) acting as a general clinical resource for both new and existing Employees.

2.32.12. Business Support Analyst (Nurse) - A Registered Nurse appointed as such with responsibilities for providing a 'user' perspective in the development, testing, implementation, evaluation and user support of RDNS information systems.

2.32.13. Business Support Advisor (Nurse) - A Registered Nurse appointed as such with responsibilities for project planning and coordination of the development, testing, implementation, evaluation and end user support of RDNS' information systems and information management.

2.32.14. Business Support Leader (Nurse) – A Registered Nurse appointed as such with managerial responsibilities in the area.

2.32.15. Operations Manager - A Registered Nurse appointed as such with responsibility for assisting the Client Services Manager with activities related to the efficiency of area operation and management of resources.

2.32.16. Clinical Nurse Consultant - A Registered Nurse appointed as such to provide a clinical resource, clinical advisory/developmental role on a dedicated basis (i.e. performs only consultancy work on the relevant shifts) and undertakes related projects and research and development activities to meet specified clinical nursing needs in a clinical discipline.

2.32.17. Clinical Nurse Consultant A - A Registered Nurse appointed as such who as a member of a specialist team fulfils the clinical consultant role in their first and second years of experience.

2.32.18. Clinical Nurse Consultant B - A Registered Nurse appointed as such who fulfils the clinical consultant role as a Clinical Consultant A in their third and subsequent years of experience as a Clinical Consultant.

2.32.19. Clinical Nurse Consultant C

(a) Registered Nurse appointed as such who fulfils the Clinical Nurse Consultant role, and,

(b) is the sole Registered Nurse in the specialty and who acts as a clinical resource for that specialty across the organisation.

2.32.20. Nurse Educator - A Registered Nurse or Enrolled Nurse appointed to coordinate and/or deliver education and training services provided by RDNS.

2.32.21. Nurse Specialist – Registered Nurses or Enrolled Nurses appointed for specified purposes.

2.32.22. Senior Nursing Support Role A - A Registered Nurse appointed as such for specified purposes, who is regarded as a Senior Manager of a large department or expert managers of complex/advanced functions with organisation wide application.

2.32.23. Senior Nursing Support Role B - A Registered Nurse appointed as such, who is appointed as a manager supervising a large team or a subject expert manager supervising complex functions with organisation wide application.

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Page 37 of 132 2.32.24. Senior Nursing Support Role C - A Registered Nurse appointed as such, who is appointed as a middle manager and/or supervises a small/medium team or managing a function or an experienced specialist role within a particular technical or professional discipline.

2.32.25. Senior Nursing Support Role D - A Registered Nurse appointed as such, who is appointed as a middle manager co-ordinating a small work group or managing a function or an experienced specialist role within a particular technical or professional discipline.

2.32.26. Senior Nursing Support Role E – A Registered Nurse appointed as an administrator co-ordinating a function or an experienced specialist role within a particular technical or professional discipline.

2.32.27. Nurse Practitioner - A nurse practitioner is a Registered Nurse appointed as such educated to function autonomously and collaboratively in an advanced and extended clinical role.

2.32.28. Principal Educator – A Registered Nurse appointed as such to manage the coordination and delivery of education and training services.

2.32.29. Director of Nursing - A Registered Nurse, appointed as such to be the principal nursing executive officer of RDNS and who is responsible for leadership of the nursing service.

2.32.30. Weekend Contact Person

(a) Regions will ensure there is a Registered Nurse nominated as the contact person for all weekend and public holiday day shifts.

(b) The nominated Registered Nurse will be paid at the Clinical Team Manager Year 1 rate for the full shift on each such occasion. During periods of annual leave the payment will be made on a pro-rata basis.

2.33. Enrolled Nurses

(a) If a current Employee becomes qualified to be a Registered Nurse and there is a position available then the Employee will be classified at the first level of Registered Nurse classification in which the Employee has no disadvantage in wages.

(b) As a percentage of the total nursing workforce RDNS may employ up to a total of 30% of Enrolled Nurses.

2.33.2. EN classifications

2.33.3. Enrolled Nurse Level 1 (EN1)

(a) EN1 applies to Enrolled Nurses who do not hold an NMBA approved qualification in administration of medicines.

(b) This level also applies to nurses formerly known as Mothercraft Nurses who are registered with the NMBA as ENs with notation, and to those who, while not registered as nurses, perform similar work with comparable underpinning education. Such nurses will be paid at the nearest (higher) pay point in the EN1 range to their current Mothercraft Nurse rate of pay, unless they are already paid above the maximum EN1 rate of pay, in which case they will retain their current rate of pay, adjusted only by annual pay increases applying under this Agreement.

(c) Progression – An EN1 will progress through the increments on completion of a year of experience, including previous experience.

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Page 38 of 132 (d) There is no automatic progression for an EN1 with a medication administration notation to the EN2 classification.

2.33.4. Enrolled Nurse Level 2 (EN2)

(a) Cert IV Entry - EN Level 2.1 is the entry to practise rate for the first year of experience of an Enrolled Nurse who holds a NMBA approved Cert IV – Nursing [HLT 43407] qualification without prior experience as an Enrolled Nurse. On completion of each year of experience thereafter the employee will progress to the next increment up to and including EN Level 2.6.

(b) EN 2.1 to 2.6 inclusive will also apply to an Enrolled Nurse who holds a NMBA approved qualification in administration of medicines with an Administration of Medication Scope of up to four routes. Experience includes experience as an Enrolled Nurse prior to holding the Administration of Medication qualification.

(c) Diploma Entry - EN Level 2.3 is the entry to practise rate for the first year of experience of an Enrolled Nurse who holds a NMBA approved Diploma of Nursing [HLT 51607] qualification without prior experience as an Enrolled Nurse. On completion of each year of experience thereafter the employee will progress to the next increment up to and including EN 2.7

(d) EN 2.3 to 2.7 inclusive also apply to an Enrolled Nurse who holds a NMBA approved qualification in administration of medicines with an Administration of Medication Scope of all five routes. Experience includes experience as an Enrolled Nurse prior to holding the Administration of Medication qualification.

(e) Progression – An EN2 will progress through the increments on completion of a year of experience, including previous experience.

(f) There is no automatic progression for an EN2 to the senior’s allowance.

2.33.5. Translation Arrangements (a) An existing Enrolled Nurse as at 11 September 2012 who does not hold a NMBA approved qualification in administration of medicines will translate to EN1 at the same increment, or where this no longer exists, the increment immediately above their current rate (prior to the wage increase applicable on 31 May 2012) and on completion of each year of experience thereafter progress to the next increment up to and including EN1.6.

(b) An existing Enrolled Nurse as at 11 September 2012 who holds a NMBA approved qualification in administration of medicines with an Administration of Medication Scope of up to four routes will translate to EN2 at the increment immediately above their current rate (prior to the wage increase applicable on 31 May 2012) and on completion of each year of experience thereafter progress to the next increment up to and including EN2.6.

(c) An existing Enrolled Nurse as 11 September 2012 who holds a NMBA approved qualification in administration of medicines with an Administration of Medication Scope of all five routes will translate to EN2 at the increment immediately above their current rate (prior to the wage increase applicable on 11 September 2012) and on completion of each year of experience thereafter progress to the next increment up to and including EN2.7.

2.33.6. Recruitment and appointment to EN (new or vacant positions)

(a) RDNS may advertise an EN vacancy as an EN1 or EN2 position, dependent upon the role.

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Page 39 of 132 (b) Appointment of an EN1 will only occur where the successful applicant does not hold a NMBA approved qualification in administration of medicines.

(c) Appointment of an EN2 will be subject to the successful applicant having a NMBA approved qualification in administration of medicines. The successful applicant will be remunerated at the EN2 level consistent with the number of routes of their Administration of Medication Scope.

(d) In this clause 'year of experience' has the meaning provided by the clause 2.2(l) Definitions in this Agreement.

2.34. Community Care Aide (Nursing Assistant)

(a) Is a qualified person employed by RDNS, to provide personal care, activities of daily living and activities of therapeutic care under the supervision and guidance of a Registered Nurse.

(b) A Community Care Aide (as defined) must have or obtain a relevant qualification e.g. Home and Community Care at Certificate III or a relevant qualification that has been issued by a registered training organisation. RDNS will determine the modules required dependent upon the needs of the specific role.

(c) Employees employed at this classification will only work within the scope of their qualification, will not provide technical nursing care that would normally by undertaken by a Registered Nurse or an Enrolled Nurse.

(d) A qualified Community Care Aide performs a wide range of duties to support the work of Registered Nurses and Enrolled Nurses.

(e) The Community Care Aide is able to:

i. Work directly with a Registered Nurse or Enrolled Nurse.

ii. Work alone or in teams under supervision and delegation from a Registered Nurse following a prescribed program of service delivery.

iii. Use communication and interpersonal skills to assist in meeting the needs of clients.

iv. Accurately document client progress and maintain documents as required.

v. Demonstrate a capacity to work flexibly across a broad range of service delivery programs.

vi. Identify client circumstances that need additional input from the Registered Nurse or Enrolled Nurse.

vii. Prioritise work and accept responsibility for outcomes within the limit of their accountabilities.

(f) Where a Community Care Aide with Certificate III seeks to pursue Registered Nurse training or Enrolled Nurse training, RDNS, where practicable, will assist the person to complete the qualification. Such assistance may include financial assistance, flexible rostering, supervised practice and/or study leave.

(g) The classification schedule for Community Care Aides is as contained in the wages schedule Appendix A of this Part. Community Care Aides (however titled) who were employed prior to the date of operation of the Royal District Nursing Service, Australian Nursing Federation, Royal District Nursing Service Ltd Victorian Operations Enterprise Agreement 2016

Page 40 of 132 Health Services Union and Staff Collective Agreement 2007-2011 shall retain access to CCA Level 1 Year 6.

C) Wage and Allowance Matters

2.35. Rates of Pay

(a) The weekly rates of pay are as per Appendix A of this Part Wages and Allowances.

(b) The rates of pay are effective as of the first pay period on or after the date nominated in Appendix A of this Part.

2.36. Progression through Pay Points

(a) Progression for all classifications where there is more than one (1) pay point will be in accordance with a year of experience as defined.

2.37. Payment of Wages

(a) Wages will be paid fortnightly unless otherwise mutually agreed up to a monthly maximum period.

(b) The pay day and time of payment shall not be varied by RDNS, except after consultation with Employee/s concerned.

(c) When a public holiday falls on a normal payday wages shall be paid no later than the next business day following the usual payday.

(d) Employees will be paid by electronic funds transfer, into the bank or financial institution account nominated by the Employee.

(e) When an Employee has given notice of termination of employment or an Employee’s services have been terminated by the Employer, payment of all wages and other monies owing to an Employee will be made to the Employee as soon as possible but no later than the next usual pay day.

2.38. Allowances

2.39. Shift Allowances

(a) All shift allowances for Employees are to be calculated as follows.

FPPOOA 24 FPPOOA SHIFT Classification Current September 1 July 2017 2016 Nurses $25.83 $26.41 $27.14 Afternoon shift Hours of ordinary duty finish between 6.00 p.m. and 8.00 a.m. CCAs $20.97 $21.44 $22.03

Night shift Hours of ordinary duty, finishing on Nurses $60.16 $61.51 $63.21 the day after commencing duty or commencing

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Page 41 of 132 after midnight and before 5.00 a.m. CCAs $60.16 $61.51 $63.21

Nurses $69.21 $70.77 $72.71 Permanent night Employee working night shift in excess of 4 consecutive weeks. CCAs $69.21 $70.77 $72.71

2.40. Travelling, transport and fares

(a) Employees required and authorised to use their own motor vehicle in the course of their duties will be paid a mileage allowance of the amount prescribed in Appendix A of this Part.

i. Note: PMU means power mass units as stated in the certificate of registration for the vehicle.

(b) When an Employee travels on duty, all reasonably agreed incurred expenses (such as road toll, e tags and parking fees) will be reimbursed by RDNS on production of receipted account(s) or other evidence acceptable to RDNS.

2.41. Qualification Allowance – Registered Nurses

2.41.1. A Registered Nurse will be entitled to a qualification allowance set out below, subject to the following:

(a) A Registered Nurse holding more than one qualification is only entitled to one qualification allowance, being the allowance for the highest qualification held having regard to sub clause 2.41(b).

i. For all Employees employed at 11 September 2012, it must be demonstrated that a component (at least) is applicable to the relevant Employee’s current area of practice. In situations where a component of a Post Graduate qualification is relevant to that Employee’s current area of practise an allowance is payable. In considering whether a component of the qualification is relevant, the nature of the qualification and the current area of practice of the qualification holder are the main criteria.

ii. For Employees employed after 11 September 2012, it must be demonstrated that one (1) unit for a Graduate Certificate; two (2) units for a Post Graduate Diploma or three (3) units or topic for a Masters or Doctorate is applicable to the relevant Employee’s current area of practise.

iii. Any Employee receiving a qualifications allowance 11 September 2012 will continue to receive this allowance whilst employed with RDNS.

(b) In considering whether the qualification is relevant, the nature of the qualification and the current area of practice of the qualification holder are the main criteria. Other considerations may include:

i. the clinical or other area of work of the Registered Nurse;

ii. the classification and position description of the Registered Nurse;

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Page 42 of 132 iii. whether the qualification would assist the Registered Nurse in performing their role and/or assist in maintaining quality client care and/or assist in the administration of an area of RDNS in which the Registered Nurse is employed.

(c) A Registered Nurse claiming entitlement to a qualification allowance must provide to RDNS evidence of that Registered Nurse holding the qualification for which the entitlement is claimed within one hundred and twenty (120) days of appointment or the qualification being awarded. Exceptional circumstances for claiming the entitlement beyond the 120 day period will be considered. In addition, submission of the evidence of the qualification will be requested in the letter of appointment/statement of appointment.

(d) The qualifications allowance will be paid from the date of appointment or the qualification being awarded if the award is received during employment.

(e) For the avoidance of doubt, a qualification allowance cannot be claimed by a Registered Nurse in respect of that Employee’s base qualification leading to registration as a Registered Nurse.

(f) Certificates obtained from training or education facilities, (e.g. infection control certificates from the Mayfield Centre) shall be recognised provided that the programmes are equivalent to University/Registered Training Organisation certificate and the training/education facility verifies in writing.

(g) A Registered Nurse who holds a Hospital Certificate or Graduate Certificate shall be paid in addition to their salary, 4% of the standard rate as defined in the allowance specified in Appendix A of this Part.

(h) A Registered Nurse who holds a Post Graduate Diploma or a degree (other than a nursing undergraduate degree) shall be paid, in addition to their salary, 6.5% of the standard rate as defined in the allowance specified in Appendix A of this Part.

(i) A Registered Nurse who holds a Masters or Doctorate shall be paid, in addition to their salary, 7.5% of the base rate as defined in the allowance specified in Appendix A of this Part.

(j) The above allowances are to be paid during all periods of paid leave except personal leave beyond twenty one (21) days and long service leave.

(k) The allowance is to be paid on a pro–rata basis for part time Employees.

(l) An Employee who is in receipt of a qualifications allowance at the date of approval of this agreement shall maintain the allowance whilst employed at a classification within this Part.

2.42. Qualification Allowance - Enrolled Nurses

2.42.1. An Enrolled Nurse will be entitled to a qualification allowance set out below, subject to the following:

(a) For Enrolled Nurses employed as at 11 September 2012, who hold a certificate or qualification other than a Medication qualification (which is in addition to the minimum qualification held by the nurse for registration by the Nurses Board of Victoria, AHPRA or successor) in which it is demonstrated that a component (at least) is applicable to their area of practice and/or work shall be paid the following allowance:

i. a certificate or qualification for a course of six (6) months – 4% of the base rate for that Enrolled Nurse provided for in Appendix A of this Part. Royal District Nursing Service Ltd Victorian Operations Enterprise Agreement 2016

Page 43 of 132 ii. a certificate or qualification for a course of twelve (12) months duration – 7.5% of the base rate for that Enrolled Nurse provided for in Appendix A of this Part.

(b) For Employees employed after 11 September 2012 it must be demonstrated that:

i. One (1) module/competency for a certificate or qualification for a course of six (6) months is applicable to the relevant Employee’s current area of practise– 4% of the base rate for that Enrolled Nurse provided for in Appendix A of this Part.

ii. Two (2) modules/competencies for a certificate or qualification for a course of twelve (12) months is applicable to the relevant Employee’s current area of practise - 7.5% of the base rate for that Enrolled Nurse provided for in Appendix A of this Part

(c) Any Employee currently receiving a qualifications allowance at 11 September 2012 of this Agreement will continue to receive this allowance whilst employed with RDNS.

(d) Provided that only one allowance is payable to each eligible Enrolled Nurse, being the allowance for the highest qualification held, and provided that the certificate or qualification is relevant to the work performed.

(e) The course undertaken must result in a certificate or qualification being awarded, and not simply completion of certain subjects.

(f) An Enrolled Nurse claiming entitlements to a qualification allowance must provide RDNS with evidence of that Employee holding the qualification for which the entitlement is claimed.

(g) For the avoidance of doubt, a qualification allowance cannot be claimed by an Enrolled Nurse in respect of that person’s base qualification leading to registration as an Enrolled Nurse.

(h) Certificate/qualification must be from a recognised/registered training organisation or tertiary sector education provider.

(i) An Employee who is in receipt of a qualifications allowance other than a medication allowance at the date of approval of this Agreement shall maintain the allowance whilst at their current classification.

2.43. Senior – Enrolled Nurse

(a) An Enrolled Nurse who is appointed as a ‘senior’ will have their classification preceded by the word “senior” and in addition will be paid an allowance of 10% to be calculated upon the Employee’s substantive rate provided for in Appendix A of this Part. This shall be additional to any other such allowance to which the Employee is entitled.

(b) An Enrolled Nurse who is appointed as a ‘senior’ will be employed to practice using specialised and advanced knowledge, qualifications and skills in a clinical area within the enrolled nursing scope of practice. For example, applies acquired knowledge in wound or continence management, dementia or in the provision of care.

(c) Contributes to the education of new graduate enrolled nurses and/or trainee enrolled nurses. For example, the advanced enrolled nurse may preceptor or mentor new graduate enrolled nurses, and/or trainee enrolled nurses or contribute to the performance appraisal of less experienced enrolled nurses.

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Page 44 of 132 (d) Act as a resource to others. For example, may take responsibility for a specific task, for example equipment maintenance schedules, budgets, rosters, or stock control.

(e) Practices using specialised or advanced knowledge and skills in a clinical area within the enrolled nursing scope of practice. For example, applies acquired knowledge in wound or continence management or dementia or child or family health care in the provision of care.

(f) It is the intention of the parties to provide this on the basis of business needs. To this end, RDNS will on an annual basis review the application of the entitlement in consultation with staff and their representatives.

(g) The senior allowance provided for would normally only apply to an Enrolled Nurse who is classified at Grade 1 Year 5 or above.

2.44. Clothing and Equipment

2.44.1. Equipment

(a) RDNS property may be provided to Employees to support service as required by RDNS.

(b) Employees are expected to ensure that such property is cared for and maintained in good order.

(c) Where substantial damage is identified, its cause will be investigated and if found to be due to willful acts or omissions by the Employee the recovery cost for replacement and associated costs for such damage by the Employee will be sought by RDNS directly or by legal means.

(d) Upon termination of employment with RDNS, the Employee must immediately return to RDNS, all property of RDNS that is in their possession, custody or control.

2.45. Uniform and Laundry Allowance

(a) Where RDNS requires an Employee to wear a particular type or style of uniform then RDNS shall provide this at no cost to the Employee. Payment in lieu of providing the uniform is not permitted.

(b) Where a uniform is not provided by RDNS the Employee shall be paid a uniform allowance at daily or weekly rate set out in Appendix A of this Part, whichever be the lesser amount in total.

(c) Where laundering by or at the expense of RDNS is not provided, the Employee shall be paid a laundry allowance at the daily or weekly rate set out in Appendix A of this Part, whichever be the lesser amount in total.

(d) The uniform allowances but not the laundry allowance shall be paid during all absences on leave, except absence on long service leave and absence on personal leave beyond twenty (21) days. Where, prior to taking leave an Employee was paid a uniform allowance other than at the weekly rate, the rate to be paid during absence on leave shall be the average of the allowance paid during the four (4) weeks immediately preceding the taking of leave.

(e) Where RDNS provides an Employee with uniforms, all articles so provided remain the property of RDNS.

2.46. Meal Allowances

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Page 45 of 132 2.46.1. A meal allowance as prescribed in Appendix A of this Part will be paid, in addition to any overtime payment as follows:

(a) when required to work after the usual finishing hour of work beyond one (1) hour or, in the case of shiftworkers, when the overtime work on any shift exceeds one (1) hour.

(b) provided that where such overtime work exceeds four (4) hours a further meal allowance as prescribed in Appendix A of this Part.

2.47. Higher Duties (Registered Nurse Only)

(a) Registered Nurses engaged in any one (1) day or shift for more than two (2) hours on duties carrying a higher rate than the classification in which they are ordinarily employed shall be paid for the full day or shift at the minimum rate for that higher classification but if so engaged for two (2) hours or less only the time so worked shall be paid for at that higher rate.

(b) Where an Operations Manager is required to relieve the role of Client Services Manager, a higher duty allowance shall be paid at the rate equivalent to CSM Level 1 when leave is in excess of four (4) consecutive days.

D) Leave Arrangements

2.48. Parental Leave

(a) For the purposes of this Agreement, “parental leave” means paid and unpaid maternity, paternity/partner, and adoption leave.

(b) Casual staff are not entitled to paid parental leave.

(c) Subject to the terms of this clause Employees are entitled to parental leave and to work part- time in connection with the birth or adoption of a child. The provisions of this clause apply to full-time, part-time, and eligible casual Employees, but do not apply to other casual Employees.

(d) For the purposes of this clause an “eligible casual Employee” means a casual Employee employed by the Employer on a regular and systematic basis for a sequence of periods of employment, or on a regular and systematic basis for a continuing period of employment, during a period of at least twelve (12) months and, but for the pregnancy or decision to adopt, the Employee has a reasonable expectation of continuing employment.

(e) For the purposes of this clause, “continuous service” is work for the Employer on a regular and systematic basis, which includes a period of authorised leave or absence.

(f) The Employer must not fail to re-engage a casual Employee because:

i. The Employee or Employee’s spouse/partner is pregnant; or

ii. The Employee is, or has been, immediately absent on parental leave.

iii. The rights of the Employer in relation to engagement and re-engagement of casual Employees are not affected, other than in accordance with this sub-clause 2.49(d).

2.48.2. Definitions

(a) For the purposes of this Agreement, “parental leave” means paid and unpaid maternity, paternity/partner, and adoption leave. Royal District Nursing Service Ltd Victorian Operations Enterprise Agreement 2016

Page 46 of 132 (b) For the purpose of this clause, “child” means a child of the Employee under school age or a child under school age who is placed with the Employee for the purposes of adoption, other than a child or step-child of the Employee or of the spouse of the Employee or a child who has previously lived continuously with the Employee for a period of six (6) months or more.

(c) For the purposes of this clause, “spouse” includes a de facto spouse, same sex partner, former spouse, or former de facto spouse.

2.48.3. Basic Entitlement

(a) After twelve (12) months continuous paid service, parents are entitled to a combined total of fifty two (52) weeks parental leave on a shared basis in relation to the birth or adoption of their child.

(b) Parental leave is to be available to only one (1) parent at a time, in a single unbroken period, except that both parents may simultaneously take:

(c) For maternity and paternity/partner leave, an unbroken period of one (1) week at the time of the birth of the child; and

(d) For adoption leave, an unbroken period of three (3) weeks at the time of placement of the child.

2.48.4. Right to Request

(a) To assist an Employee in reconciling work and parental responsibilities, an Employee entitled to parental leave may request their Employer to:

(b) Extend the period of simultaneous parental leave provided for in clause (b) or 2.48.3(c) up to a maximum of eight (8) weeks;

(c) Extend the period of parental leave provided in clause 2.48.3(a)2.48.32.48.3(a) by a further continuous period of leave not exceeding twelve (12) months (up to 104 weeks in total);

(d) Return from a period of parental leave on a part-time basis until the child reaches school age.

(e) The Employer shall consider the request having regard to the Employee’s circumstances and, provided the request is genuinely based on the Employee’s parental responsibilities, may only refuse the request on reasonable grounds related to the effect on the workplace or the Employer’s business. Such grounds might include cost, lack of adequate replacement staff, loss of efficiency, and the impact on customer service.

(f) The Employee’s request and the Employer’s decision made under 2.48.4(b) and 2.48.42.48.4(b) must be recorded in writing.

(g) Where an Employee wishes to make a request under this clause, such a request must be made as soon as possible but no less than four (4) weeks prior to the date upon which the Employee is due to return to work from parental leave.

2.48.5. Half-pay Provision

(a) The Employer may allow an Employee who is entitled to paid parental leave to take that leave at half pay for a period equal to twice the period to which the Employee would otherwise be entitled, subject to the total amount of leave taken not exceeding fifty two (52) weeks.

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Page 47 of 132 2.48.6. Maternity Leave

(a) A female Employee, other than a casual Employee, who has, or will have, at least twelve (12) months continuous paid service shall be entitled to the equivalent of ten (10) weeks paid maternity leave, to be taken in connection with the birth of her baby either before and/or after the birth. Subject to clause 2.48.6(d), if she is the primary caregiver, she shall be entitled to a further forty two (42) weeks unpaid maternity leave, provided that the period of maternity leave does not extend beyond the child’s first birthday

(b) An Employee shall be required to provide the Employer with at least six (6) weeks’ notice of maternity leave, including:

i. a certificate from a registered medical practitioner or registered midwife stating that she is pregnant and the expected date of confinement;

ii. written notification of the dates on which she proposes to start and finish the period of maternity leave; and

iii. A statutory declaration stating the particulars of any period of paternity/partner leave sought or to be taken by her spouse/partner. The statutory declaration must also specify that, for the period of the maternity leave, she will not engage in any conduct that is inconsistent with her contract of employment with the RDNS.

(c) An Employee shall not be in breach of sub-clause (b)2.48.6(b) of this Agreement if failure to provide six (6) weeks’ notice is occasioned by confinement occurring earlier than the anticipated date.

(d) Where an Employee continues to work within the six (6) weeks period immediately prior to the expected date of birth of the child, the Employer may require the Employee to provide a medical certificate stating that she is fit to return to normal duties.

(e) An Employee who gives birth to a stillborn child (at or after twenty (20) weeks gestation) or who gives birth to a live baby who subsequently dies, during or before the period of intended leave will be entitled to the full amount of paid parental leave. In either of these circumstances, paid partner leave/primary carer leave will also apply.

1.1.2. Special Maternity Leave

(a) Where the pregnancy of an Employee terminates within twenty (20) weeks of the expected date of birth and the Employee has not commenced maternity leave, the Employee may take unpaid special maternity leave for a period determined by a registered medical practitioner or registered midwife as necessary. In circumstances where an Employee is suffering from an illness that is not directly related to the confinement, the Employee may be entitled to paid personal leave in lieu of, or in addition to, special maternity leave.

(b) Where an Employee not then on maternity leave suffers illness related to her pregnancy, she may take any paid personal leave to which she is then entitled and such further unpaid special maternity leave as a registered medical practitioner or registered midwife certifies as necessary before her return to work. The aggregate of paid personal leave, special maternity leave and parental leave, including parental leave taken by a spouse, may not exceed fifty two (52) weeks.

(c) Where leave is granted under 1.1.21.1.2, during the period of leave an Employee may return to work at any time, as agreed between the Employer and the Employee provided that time does not exceed four (4) weeks from the recommencement date desired by the Employee. Royal District Nursing Service Ltd Victorian Operations Enterprise Agreement 2016

Page 48 of 132 2.48.7. Paternity/Partner Leave

(a) An Employee, other than a casual Employee, who has, or will have, at least twelve (12) months continuous paid service shall be entitled to the equivalent of one (1) weeks paid paternity/partner leave, to be taken in connection with the birth of a child for whom they have accepted responsibility, either before and/or after the birth. Subject to clause 2.37.7(b) and 2.37.7(c), if they are the primary caregiver, they shall be entitled to a further fifty one (51) weeks unpaid paternity/partner leave, provided that the period of paternity/partner leave does not extend beyond the child’s first birthday.

(b) An Employee shall be required to provide the Employer with at least six (6) weeks’ notice of paternity/partner leave, including:

i. a certificate from a registered medical practitioner or registered midwife which names their spouse/partner, states that she is pregnant and the expected date of confinement, or states the date on which the birth took place; and

ii. Written notification of the dates on which they propose to start and finish the period of paternity/partner leave; and

iii. where appropriate, a statutory declaration stating that they are seeking that period of paternity/partner leave to become the primary caregiver of the child; stating the particulars of any period of maternity leave sought or taken by their spouse/partner; and that for the period of paternity/partner leave they will not engage in any conduct that is inconsistent with their contract of employment with RDNS.

(c) An Employee shall not be in breach of sub-clause 2.48.7(b) if failure to provide six (6) weeks’ notice is occasioned by the birth occurring earlier than expected or any other compelling circumstances. The Employee shall immediately notify the Employer of any change to the information provided pursuant to sub-clause 2.48.7(b) of this Agreement.

2.48.8. Adoption Leave

(a) If an Employee, other than a casual Employee, is adopting a child and has, or will have, at least twelve (12) months continuous paid service, they will be entitled to short adoption leave as follows:

i. ten (10) weeks adoption leave in connection with the adoption of the child, if they are the primary caregiver; or

ii. one (1) weeks paid adoption leave if they are the secondary caregiver and a further two (2) weeks unpaid leave.

(b) Adoption leave may be taken either before and/or after the adoption.

(c) Subject to clause 2.48.8(a) and 2.48.8(e), if the Employee is the primary caregiver, they will be entitled to a further forty two (42) weeks ("long adoption leave”) provided that the period of adoption leave does not extend beyond one (1) year after the placement of the child.

(d) An Employee shall be required to provide the Employer with the following notice of their intention to apply for adoption leave as follows:

i. Adoption Placement Approval: as soon as is reasonably practicable after receiving a placement approval notice from an adoption agency or other appropriate body; and

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Page 49 of 132 ii. Adoption Placement Notice:

a. Where a placement notice is received within the period eight (8) weeks after receiving the "placement approval notice" before the end of that eight (8) week period; or

b. where a placement notice is received after the end of the period of six (6) weeks after receiving the "placement approval notice" - as soon as reasonably practicable after receiving the placement notice.

(e) An application for adoption leave by an Employee shall be made in writing to the Employer at least six (6) weeks in advance for long adoption leave, or fourteen (14) days in advance for short adoption leave. Any application must also include the following information:

i. A statement from an adoption agency, or another appropriate body, of the expected date of placement of the child; or

ii. A statement from the appropriate Government authority confirming that the Employee is to have custody of the child, pending application for an adoption order; and

iii. Written notification of the dates on which they propose to start and finish the period of adoption leave; and

iv. A statutory declaration stating the particulars of any period of adoption leave sought or to be taken by their spouse/partner. The statutory declaration must also specify that, for the period of the adoption leave, they will not engage in any conduct that is inconsistent with their contract of employment with the RDNS.

(f) An Employee shall not be in breach of sub-clause 2.48.8(e)of this Agreement where the Employee fails to meet the required notice and application timeframes, occasioned by a requirement of an adoption agency to accept earlier or later placement of a child, or other compelling circumstances.

(g) Where the placement of the child for adoption with an Employee does not proceed or continue, the Employee shall notify the Employer immediately and arrangements shall be made for the Employee to return to work within eight (8) weeks of notification.

(h) An Employee seeking to adopt a child is entitled to take unpaid leave for the purposes of attending any compulsory interviews or examinations, as may be required for adoption purposes. The period of such unpaid leave shall be determined by mutual agreement between the Employee and Employer. Where agreement cannot be reached, the Employee shall be entitled to take up to two (2) days unpaid leave for such purposes. Where paid leave is available to an Employee, the Employer may require the Employee to take such leave instead.

2.48.9. Variation of Period of Parental Leave

(a) Unless otherwise agreed between an Employer and Employee, an Employee may lodge an application with the Employer to vary a period of parental leave on one (1) occasion. Any such variation must be notified in writing to the Employer at least six (6) weeks prior to the commencement of the changed arrangements. Nothing in this clause detracts from the basic entitlement in clauses 2.48.3 and the NES.

2.48.10. Parental Leave and Other Entitlements

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Page 50 of 132 (a) An Employee may in lieu of, or in conjunction with, a period of parental leave access other accrued leave entitlements, including annual leave and long service leave, subject to the total amount of leave taken not exceeding fifty two (52) weeks or longer period as agreed under clause (c).

(b) An Employee will notify the Employer of their intention to return to work after a period of parental leave at least six (6) weeks prior to the expiration of that leave.

(c) An Employee shall be entitled to return to the position that they held immediately prior to the period of parental leave, or immediately prior to being transferred to a safe job in accordance with sub-clause 2.48.11 of this Agreement.

(d) Where such position no longer exists but alternative positions are available, which the Employee is qualified for and is capable of performing, the Employee shall be entitled to return to a position that is comparable in status and pay to that of their former position.

2.48.11. Transfer to a safe job

(a) Where an Employee is pregnant and, in the opinion of a registered medical practitioner, illness or risks arising out of the pregnancy or hazards connected with the work assigned to the Employee make it inadvisable for the Employee to continue at her present work, the Employee shall, if the Employer deems it practicable, be transferred to a safe job at the rate and on the conditions attaching to that job until the commencement of maternity leave or until it is safe for the employee to return to her usual role, whichever occurs first.

(b) If the transfer to a safe job is not practicable, the Employee may elect, or the Employer may require the Employee to commence parental leave for such period as is certified necessary by a registered medical practitioner or registered midwife. Such leave shall be treated as maternity leave.

2.48.12. Replacement Employees

(a) A replacement Employee is an Employee specifically engaged or temporarily promoted or transferred as a result of an Employee proceeding on parental leave.

(b) A replacement Employee shall be advised of the temporary nature of the position.

2.48.13. Communication during Parental Leave

(a) Where an Employee is on parental leave and a definite decision has been made to introduce significant change at the workplace, the Employer shall take reasonable steps to:

i. Make information available in relation to any significant effect the change will have on the status or responsibility level of the position the Employee held before commencing parental leave; and

ii. Provide an opportunity for the Employee to discuss any significant effect the change will have on the status or responsibility level of the position the Employee held before commencing parental leave.

(b) The Employee is encouraged to take reasonable steps to inform the Employer about any significant matter that will affect the Employee’s decision regarding the duration of parental leave to be taken, whether the Employee intends to return to work and whether the Employee intends to request to return to work on a part-time basis. Royal District Nursing Service Ltd Victorian Operations Enterprise Agreement 2016

Page 51 of 132 (c) The Employee shall also notify the Employer of changes of address or other contact details which might affect the Employer’s capacity to comply with 2.48.13.

2.48.14. Pre-Natal Leave

(a) Where an Employee is required to attend pre-natal appointments or where parenting classes are only available or can only be attended during the Employee’s ordinary hours of work, then the Employee shall be able to access their personal leave credit for such purpose on production of satisfactory evidence to this effect.

(b) For the purposes of this clause, “parenting classes” are defined as classes conducted by a recognised health service to inform and assist expectant parents.

2.48.15. Lactation Facilities

(a) RDNS will provide private and comfortable areas at each RDNS facility for Employees who are breastfeeding to enable them to express or feed their infants whilst at work.

2.49. Compassionate Leave

(a) For the purposes of this clause, compassionate leave is paid leave taken by an Employee for the purposes of spending time with a person:

i. who is a member of the Employee’s immediate family or a member of the Employee’s household; and

ii. who has a personal illness, or injury, that poses a serious threat to their life; or

iii. After the death of a member of the Employee’s immediate family or a member of the Employee’s household

(b) Subject to this clause is entitled to a period of two (2) days of compassionate leave for each occasion (a permissible occasion) when a member of the Employee’s immediate family or a member of the Employee’s household:

i. who contracts or develops a personal illness that poses a serious threat to their life: or

ii. who sustains a personal injury that poses a serious threat to their life: or

iii. Dies.

(c) An Employee is entitled to compassionate leave only if the Employee gives their Employer any evidence that the Employer reasonably requires of the illness, injury, or death.

(d) If the permissible occasion (in accordance with (b)(i) and (b) (ii)) persists the Employee may take compassionate leave for that occasion at any time while the injury or illness persists.

2.50. Community Service Leave

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Page 52 of 132 volunteer emergency duty will not be required to re-attend for work within ten (10) hours of completion of the volunteer duty even where rostered to do so and without loss of pay. The Employer may request confirmation in writing from the relevant emergency authority that the Employee was engaged in emergency work.

2.51. Jury Service

(a) An employee other than a casual employee, required to attend for jury service during their ordinary working hours shall be reimbursed by RDNS an amount in accordance with the relevant legislation.

(b) An Employee shall notify their Employer as soon as possible of the date upon which they are required to attend for jury service. Further the Employee shall give RDNS proof of their attendance at the court, the duration of such attendance and the amount received in respect of such jury service.

2.52. Professional Development

(a) All full time Employees are entitled to five (5) days’ paid professional development leave per year. ‘Days’ pay’ will be based upon the individual Employee’s usual shift length. Part time Employees who are contracted to work twenty four (24) hours per week or more shall be entitled to three (3) days professional development leave.

(b) Part time Employees, who are contracted to work less than twenty four (24) hours per week, shall be entitled to two (2) days professional development leave.

(c) One of these days may be used for RDNS Employer designated training once every two (2) years on health and safety matters essential to their role.

(d) Professional Development Leave may be taken to attend a conference or seminar, for undertaking study related to the area of their employment within RDNS, or as determined by their line manager.

(e) An Employee seeking leave in accordance with this clause will be required to provide details of the name, venue and date/time of the conference/seminar and may present an overview to colleagues following attendance.

(f) All applications should be submitted in writing six (6) weeks in advance of the proposed date of the conference/seminar.

(g) Applications will be granted on the basis of the relevance of the course to the applicant’s area of work and operational requirement.

(h) The line manager will notify the Employee within seven (7) days of application whether or not leave has been approved.

(i) Leave pursuant to this clause does not accumulate from year to year.

(j) The Employer and Employees have a mutual obligation to invest in professional development activities relevant to the needs of the organisation.

(k) Staff are required to maintain an accurate record of their professional development activity by updating the Employee Self Service system in a timely manner.

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Page 53 of 132 (l) A periodic audit of these records will be undertaken and discrepancies investigated and corrected.

2.52.1. Examination leave

(a) All Employees employed on average, three (3) shifts per week or twenty one (21) hours may be entitled to five (5) days of paid leave for the purposes of undertaking and/or preparing for examinations in a study course that is relevant to their ongoing employment with RDNS at a recognised accredited training facility.

(b) Employees receiving four (4) hours paid study leave are not entitled to this leave unless determined by the relevant General Manager.

(c) Entitlement to this leave is pursuant to the Employee having been employed by RDNS for at least eighteen (18) months.

(d) Entitlement to this leave, once granted, shall be taken at a time that is mutually agreed between the Employee and their line manager.

(e) All applications should be requested in writing six (6) weeks in advance of the proposed date of the requested leave.

(f) Proof of examination dates must be supplied with application pursuant to this leave.

(g) The line manager will notify the Employee within seven (7) days of application whether or not leave has been approved.

(h) Leave pursuant to this clause does not accumulate from year to year.

2.52.2. Study Leave for staff employed at more than 36 hours per week

(a) Paid study leave of four (4) hours per week per academic semester will be available to these Employees, provided the course is at an Accredited Training Facility and is recognised as relevant to their ongoing employment with RDNS.

(b) Entitlement to this leave is pursuant to the Employee having been employed by RDNS for at least eighteen (18) months.

(c) Paid study leave may be taken as mutually agreed e.g. as four (4) hours/week/semester, eight (8) hours/fortnight/semester or two (2) hours twice/week/semester.

(d) Study leave hours to be rostered Monday to Friday during each semester excluding term breaks and public holidays as recognised by the Accredited Training Facility.

(e) Applications for paid study leave will be called for in December of each year.

(f) The study leave does not apply whilst on semester and/or term break.

(g) Applications will be considered on the basis of applicability and relevance of the course being undertaken.

(h) Applications will be considered on the basis of resource availability and allocation.

(i) Approval, or otherwise, will be provided by the relevant General Manager.

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Page 54 of 132 (j) Each applicant’ progress in their course of study will be reviewed at the end of each academic year by the relevant line manager.

(k) Paid study leave is granted at the discretion of the Employer.

(l) Leave pursuant to this clause does not accumulate from year to year.

2.53. Personal leave

(a) The provisions of this clause apply to full-time and part-time Employees (on a pro rata basis) but do not apply to casual Employees.

2.53.2. Definitions

(a) The term immediate family includes:

i. a spouse, (including former spouse, a de facto spouse and a former de facto spouse) de facto partner, child, parent, grandparent, grandchild, sibling of the Employee or member of the Employee’s household; and

ii. a child or an adult child (including an adopted child, a step child or an ex-nuptial child), parent, grandparent, grandchild or sibling of the Employee or a spouse or de facto partner of the Employee.

iii. For the purposes of this Agreement an Employee’s allowable period of absence from employment shall be thirteen (13) weeks (inclusive of any period of paid annual leave and/or personal leave which the Employee actually received on termination or for which was paid in lieu).

2.53.3. Paid personal leave is available to an Employee, when they are absent:

(a) due to personal illness or injury; or

(b) for the purposes of caring or supporting an immediate family or household member because of a personal illness, or personal injury affecting the member who, requires the Employee’s care or support or who requires care or support due to an unexpected emergency affecting the member or needs assistance in resolving elder care, transition care or housing arrangements.

2.53.4. The amount of personal leave to which a full-time Employee is entitled to and accrues as follows:

(a) Amount of paid personal leave.

i. Up to 7 hours and 36 minutes (12 days) for each year of service in the first and second years of service;

ii. up to 98 hours and 48 minutes (13 days) in the third and fourth years of service;

iii. up to 144 hours and 24 minutes (19 days) in the fifth and following years of service.

(b) Part time Employees are entitled to pro rata leave on the basis of the time worked.

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Page 55 of 132 i. An Employee’s entitlement to paid personal/carer’s leave accrues progressively during a year of service, according to the Employee’s ordinary hours of work and accumulates progressively from year to year, pro rata for part time Employees.

ii. Where the one (1) day absences as provided in sub-clause 2.53.7 are not taken for a period of five (5) years, an additional 38 hours personal leave shall be added to the employee’s accrued entitlement on application by the employee.

2.53.5. Recognition of Service for Determining Accrual Rate of Personal Leave

(a) Where an employee is and has been in the service of an Institution:

i. Registered and subsidised under the Hospitals and Charities Act 1958, the Health Services Act 1988,

ii. or of the Cancer Institute Board,

iii. or of the Victorian Bush Nursing Association (Incorporated),

iv. or a Bush Nursing institution,

v. or a Statutory Authority including the NMBA,

transfers their employment to RDNS service will be recognised for the purposes of determining the accrual rate at commencement of such employee in their new employment with RDNS.

(b) RDNS may require an employee to produce a written statement from their previous employing Institution specifying the years of service of such employee at the time of leaving that previous employment.

(c) Provided that in respect of any period of absence which is less than an employee’s “allowable period of absence” (as defined) between an engagement with one institution and RDNS, continuity of service shall be deemed to be unbroken. Any period in excess of the allowable period of absence shall operate so as to exclude the employee from any benefit under this subclause.

(d) Provided further that where any employee for the sole purpose of undertaking a course of study related to their profession is, with the written approval of RDNS, absent without pay for up to but not exceeding 104 weeks, such absence shall not be deemed to have broken continuity of service.

2.53.6. Personal leave for personal injury or illness

(a) An employee is entitled to use the full amount of their personal leave entitlement including accrued personal leave for the purposes of personal illness or injury, subject to the conditions set out in this clause.

2.53.7. Personal leave—documentary evidence

(a) To be entitled to personal leave during the period, the Employee must, in accordance with this section, give the Employer a document (the required document)

Royal District Nursing Service Ltd Victorian Operations Enterprise Agreement 2016

Page 56 of 132 i. if it is reasonably practicable to do so—a medical certificate from a registered medical practitioner; or certificate from a dentist, physiotherapist (not employed by RDNS), psychologist, podiatrist, optometrist, osteopath, chiropractor or nurse practitioner (not employed by RDNS); or

ii. if it is not reasonably practicable for the employee to give the Employer a certificate from the above practitioners—a statutory declaration signed by the employee with respect to absences on three (3) occasions in any one (1) year, such occasions not exceeding one (1) working day.

(b) The required document must be given to the Employer as soon as reasonably practicable (which may be at a time before or after the personal leave has started).

iii. a certificate—in the registered health professional’s (as above) opinion, the Employee was, is, or will be unfit for work during the period because of a personal illness or injury. or

iv. if the required document is a statutory declaration—the employee was, is, or will be unfit for work during the period because of a personal illness or injury.

(d) This section does not apply to an employee who could not comply with it because of circumstances genuinely beyond the employee’s control.

(e) Provided that any Employee may be absent through sickness for one (1) day without furnishing evidence of such sickness as provided in sub-clause 2.53.7, on not more than four (4) occasions in any one (1) year of service. All multi-day and any further single day absences must be evidenced.

(f) An employee seeking personal leave payment for illness or injury on a day immediately preceding or following an Accrued Day Off, Rostered Day Off or a Public Holiday not worked must provide a medical certificate (or other certificate as permitted in clause 2.53.7(a) as evidence.

2.53.8. This evidence requirement does not apply where:

i. an Employee is rostered to work on non-consecutive days, or

ii. where an Employee’s set work pattern is such that each day of attendance either precedes or follows a Rostered Day Off or Public Holiday, or

iii. Where the day of absence either precedes or follows a Public Holiday that is worked.

(a) Where RDNS determines a pattern of personal leave is occurring, they will meet with the Employee and discuss the matter, which may result in the Employee being directed to evidence all further absences with a medical certificate.

(b) The Employer shall provide and inform Employees of a procedure for notification by Employees of their inability to attend work due to illness or injury. All such notifications shall be registered, detailing the time of notification and the name of the Employee.

(c) An Employee may use Personal Leave to attend an appointment with a medical practitioner where it is not reasonable to otherwise attend the appointment in their own time.

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Page 57 of 132 (d) The Employer recognises such lack of discretion for appointment times is commonly experienced when the medical practitioner is a Specialist.

2.53.9. Personal leave to provide care or support (including for elder care transition) for an immediate family or household member

(a) An Employee is entitled to use personal leave, including accrued leave, to provide care or support for members of their immediate family or household who require care or support because of personal illness, injury, an unexpected emergency or need assistance in resolving elder care transition care or housing arrangements, subject to the conditions set out in this clause. Leave may be taken for part of a single day. Each day or part of a day of personal leave taken in accordance with this Clause is to be deducted from the amount of personal leave provided in sub-clause 2.53.4.

(b) Where an Employee has exhausted all paid personal leave entitlements, they are entitled to take unpaid personal leave to care for or to support members of their immediate family or household who have a personal illness or injury or require care or support or who require care or support due to an unexpected emergency affecting the member. The Employer and the Employee shall agree on the period. In the absence of agreement, the Employee is entitled to take up to two (2) days per occasion, provided the evidentiary requirements are met.

(c) The Employee must, if required by the Employer, establish by production of a medical certificate from a registered medical practitioner or other evidence in accordance with this Agreement, or as approved by the Employer.

(d) the Employee must, where practicable, give RDNS:

i. notice prior to the absence of the intention to take leave,

ii. the name of the person requiring care or support and their relationship to the Employee, the reasons for taking such leave and the estimated length of absence.

(e) If it is not practicable for the Employee to give prior notice of absence, the Employee must notify the Employer of such absence at the first opportunity, preferably on the day of absence.

2.53.10. Casual Employment - Caring responsibilities:

(a) Subject to the evidentiary and notice requirements in this clause, casual Employees are entitled to not be available to attend work, or to leave work:

i. if they need to provide care or support for members of their immediate family or household who require care or support because of personal illness, injury, an unexpected emergency, or the birth of a child.

(b) The Employer must not fail to re-engage a casual Employee because the Employee accessed the entitlements provided for in this clause. The rights of an Employer to engage or not to engage a casual Employee are otherwise not affected.

2.53.11. Termination of Employment while on Personal Leave

(a) The Employer shall not terminate the services of an Employee during the currency of any period of paid personal leave, with the object of avoiding obligations under this subclause.

2.53.12. Entitlement to unpaid Carer’s Leave for Employees (inclusive of casual Employees) Royal District Nursing Service Ltd Victorian Operations Enterprise Agreement 2016

Page 58 of 132 (a) An Employee is entitled to two (2) days of unpaid carer’s leave for each occasion (a permissible occasion) when a member of the Employee’s immediate family, or a member of the Employee’s household, requires care or support because of:

i. a personal illness, or personal injury, affecting the member; or

ii. an unexpected emergency affecting the member.

2.54. Taking unpaid carer’s leave

(a) An Employee may take unpaid carer’s leave for a particular permissible occasion if the leave is taken to provide care or support as referred to in section 102 of the Act and as permitted under this Agreement.

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

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

ii. any separate periods to which the Employee and their Employer agree.

iii. An Employee cannot take unpaid carer’s leave during a particular period if the Employee could instead take paid personal/carer’s leave.

Note: The notice and evidence requirements must be complied with.

2.55. Quantum of Annual Leave

2.55.1. Nurses

(a) In addition to the entitlements in the NES, an Employee is entitled to an additional week of annual leave on the same terms and conditions.

(b) For the purpose of the additional weeks’ annual leave provided by the NES, a shiftworker is defined:

i. As a full time employee who is required to work and worked ordinary hours on weekdays and on weekends throughout the prior twelve (12) month period of service.

ii. A part time employee is one who works for four (4) hours or more on ten (10) or more weekend occasions.

(c) To avoid any doubt, this means that a nurse who is not a shift worker for the purposes of clause (b)2.55.1(b) above is entitled to five (5) weeks of paid annual leave for each year of service with RDNS, and a nurse who is a shift worker for the purposes of clause 2.55.1(b) above is entitled to six (6) weeks of paid annual leave for each year of service with RDNS.

2.55.2. Community Care Aides

(a) In addition to the entitlements in the NES, an Employee is entitled to an additional week of annual leave on the same terms and conditions.

(b) For the purpose of the additional weeks’ annual leave provided by the NES, a shiftworker is defined as an Employee who works for four (4) hours or more on ten (10) or more weekend occasions.

Royal District Nursing Service Ltd Victorian Operations Enterprise Agreement 2016

Page 59 of 132 (c) To avoid any doubt, this means that a Community Care Aide who is not a shift worker for the purposes of clause 2.55.2(b) above is entitled to five (5) weeks of paid annual leave for each year of service with RDNS, and a Community Care Aide who is a shift worker for the purposes of clause 2.55.2(b) above is entitled to six (6) weeks of paid annual leave for each year of service with RDNS.

2.55.3. All employees must make application for leave at least fourteen (14) days in advance unless otherwise mutually agreed employees may elect to take leave in any duration.

2.55.4. Payment for leave

(a) Employees shall receive their ordinary pay during all periods of annual leave. An employee may elect to be paid in advance for the period of leave in special circumstances. The normal process will be for staff to continue to be paid on the usual fortnightly pay date.

(b) Ordinary pay means remuneration for the employee’s normal weekly number of hours of work calculated at the ordinary time rate of pay.

(d) A loading of 17.5% calculated on the prescribed rate of salary:

i. For the purposes of calculating annual leave loading for registered nurses in clause (c) the excess salary amount and the amount in respect of a period of 152 hours, are as follows.

a. Excess salary – The rate provided for in this agreement for a Registered Nurse Division 1 CNC C Year 1

b. Amount in Lieu of Loading – Multiply the amount in (b) of this clause by 17.5% then by 4 weeks respectively;

c. in respect of each week of leave granted an amount comprising the following:

i. all payments for ordinary hours of work; ii. shift work premiums according to roster or projected roster; iii. Saturday, Sunday premiums according to roster or projected roster; iv. qualification allowances; v. uniform allowances; ii. whichever is the higher.

2.55.5. Accrual and taking of annual leave

(a) An employee is entitled to apply to take annual leave at any time and RDNS shall not unreasonably refuse such an application.

(b) An employee is entitled to take periods of annual leave uninterrupted, save for the NES.

(c) An employee may elect, with the consent of RDNS, to accrue and carry forward any amount of annual leave for a maximum of two (2) years from the date of entitlement.

Royal District Nursing Service Ltd Victorian Operations Enterprise Agreement 2016

Page 60 of 132 (d) Where the employee has leave that has accrued for twelve (12) months after the date upon which the right to such annual leave accrued, RDNS may direct the employee to take some or all of that accrued annual leave.

(e) Superannuation contributions will be paid by the Employer in respect of the period of annual leave to be paid out.

(f) Where the Employee’s employment terminates, leave loading will paid on any accrued but untaken annual leave paid out to the Employee, if that leave would have been eligible for leave loading.

2.55.6. Employee not taken to be on paid annual leave at certain times

(a) Public holidays

i. If the period during which an employee takes paid annual leave includes a day or part-day that is a public holiday in the place where the employee is based for work purposes, the employee is taken not to be on paid annual leave on that public holiday if they would normally have been rostered to work that day or part-day.

(b) Other periods of leave

i. If the period during which an employee takes paid annual leave includes a period of any other leave (other than unpaid parental leave) under this part, or a period of absence from employment for the purpose of community service leave), the employee is taken not to be on paid annual leave for the period of that other leave or absence.

2.55.7. Cash out of Annual leave

(a) Where an Employee has accrued annual leave, in excess of one (1) years accrual, then by written application by the Employee and written agreement by RDNS, the Employer may pay up to four (4) weeks including the applicable leave loading of their nominal annual salary to the Employee. Application is to be made to the General Manager – Human Resources who will consider the reason for the request for approval or otherwise.

(b) An Employee may make a subsequent application for a further payment of leave of an equivalent quantum has been taken or has been approved to be taken within six (6) months of the subsequent application.

(c) Any cash out of Annual Leave must result in the Employee having a remaining entitlement of no less than four (4) weeks for the purpose of taking leave.

(d) Where an Employee elects to reduce their contracted hours, RDNS and the Employee will agree to either:

i. Cash out the excess leave hours plus the applicable leave loadings that are in excess of the accumulated weeks in the new contracted hours; or

ii. Elect to take leave at the pre-reduction rate in accordance with the general annual leave provisions until that excess leave balance is exhausted.

(e) Such arrangements shall be by separate written agreement between RDNS and the Employee.

Royal District Nursing Service Ltd Victorian Operations Enterprise Agreement 2016

Page 61 of 132 (f) The amount of leave to be cashed out will leave the Employee with the same number of weeks of annual leave at the new contracted hours after the cash out.

(g) Payout will be at the rate including any variations that would have applied as if the annual leave was taken.

2.55.8. Purchased Leave

(a) The parties agree that a “48/52” flexible work scheme is to be a voluntary scheme whereby a full time or part time Employee can apply to take eight (8) weeks annual leave in a year and receive forty eight (48) weeks’ salary, which would be payable over the full fifty two (52) weeks.

(b) This arrangement will be subject to agreement between the Manager and the Employee, with approval being based on the operational requirements. The Employer reserves the right to decline any application. The 48/52 flexible work scheme is available to all staff members except casual staff.

(c) Purchased Leave may be taken in conjunction with other types of leave. Purchased leave may not be used to break a period of Long Service Leave.

(d) The 48/52 flexible work scheme is intended to provide flexibility in employment for staff members with family responsibilities and for staff who wish to extend their leave options for personal reasons.

(e) All purchased leave and accrued annual leave must be taken during the twelve (12) months period for which approval to participate in the scheme has been given. The additional purchased leave will not attract annual leave loading.

(f) Employees availing themselves of this option will retain leave entitlements accrued prior to converting to 48/52 employment and would then accrue benefits at the 48/52 rate from the date of effect of the change.

(g) The term of the 48/52 scheme will be subject to negotiation between the Employer and Employee. Variation to the agreed term may be initiated by either party subject to three (3) months’ notice. However, in exceptional circumstances e.g. demonstrated financial hardship and with the agreement of the Employer an Employee may be allowed to return to normal employment arrangements by giving four (4) weeks’ notice in writing and this arrangement would cease. The Employee is required to utilise any unused annual leave accrued under the 48/52 arrangements before reverting back to normal annual leave accrual.

(h) Where the Employee’s employment terminates, deductions made for the Purchased Leave not yet taken will be repaid.

2.56. Career Break Scheme

(a) Notwithstanding any other provision of this Agreement, a full time or part time (employed for a minimum of three (3) shifts or twenty one (21) hours per week) Employee may apply to work less than fifty two (52) weeks per year.

(b) Applications must be made in writing indicating the amount and time of the period of leave proposed.

Royal District Nursing Service Ltd Victorian Operations Enterprise Agreement 2016

Page 62 of 132 (d) The Employee will receive the salary for the period worked, which will be paid over a fifty two (52) week period.

(e) Accrual of personal leave, annual leave and long service leave shall accrue on a pro rata basis.

(f) Long service leave will continue to accrue on an annual basis in accordance with this Agreement. For clarity this means the date long service leave becomes applicable is unchanged by this clause including the rate of accrual to remain at the hours worked immediately prior to participating in the career break scheme.

2.57. Long Service Leave

(a) Employees are entitled to Long Service Leave in accordance with the provisions of Appendix B to this Part, except where varied as follows:

(b) RDNS may approve an application by an Employee to take double pay/half time or double time/half pay by mutual agreement. A statement of earnings estimate, including tax payable, will be provided to Employees prior to the Employer accepting the Employee's application.

(c) Where an Employee becomes ill or injured whilst on long service leave for a period of five (5) days or more on which they would otherwise have worked, and forwards to RDNS a certificate from a legally qualified medical practitioner, then the five (5) days or more specified in the certificate shall be deducted from any personal leave entitlement standing to the Employee's credit, and shall be re-credited to their long service leave.

2.58. Accident Pay

2.59. See Appendix C – Accident Pay.

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Page 63 of 132 APPENDIX A - WAGES AND ALLOWANCES

Wages

FPPOOA FPPOOA CLASSIFICATION Year Current 24 September 1 July 2017 2016 CCAs Level 1 Base rate $846.85 $871.80 $895.78 Year 1 $853.25 $878.35 $902.50 Year 2 $858.54 $883.76 $908.06 Year 3 $867.04 $892.45 $916.99 Year 4 $868.48 $893.92 $918.50 Year 5 (Existing 2007/11 HA/CCA Year 6 only) $923.11 $949.78 $975.90 Year 6 (Existing 2007/11 HA/CCA Year 7 only) $959.87 $987.37 $1,014.52 Level 2 Cert 4 Year 1 $959.88 $987.38 $1,014.53 Year 2 $966.83 $994.48 $1,021.83 Year 3 $973.67 $1,001.48 $1,029.02 Year 4 $981.73 $1,009.72 $1,037.49 Year 5 $983.28 $1,011.30 $1,039.11 Nurses Trainee Enrolled Nurse Year 1 $737.60 $767.96 $789.08 Trainee Enrolled Nurse Year 2 $799.70 $831.46 $854.32 EN Level 1.1 (ENY1) $903.30 $937.39 $963.17 EN Level 1.2 (ENY2) $922.10 $956.61 $982.92 EN Level 1.3 (ENY3) $940.80 $975.73 $1,002.57 EN Level 1.4 (ENY4) $959.70 $995.06 $1,022.42 EN Level 1.5 (ENY5/6) $997.20 $1,033.40 $1,061.82 EN Level 1.6 (ENY7/8) $1,028.70 $1,065.61 $1,094.91 EN Level 2.1 (ENY1/2) Entry level Cert IV $959.01 $994.35 $1,021.70 EN Level 2.2 (ENY3) $978.53 $1,014.31 $1,042.20 EN Level 2.3 (ENY4) Entry level Diploma $984.27 $1,020.18 $1,048.24 EN Level 2.4 (ENY5) $998.16 $1,034.38 $1,062.83 EN Level 2.5 (ENY6) $1,017.67 $1,054.33 $1,083.33 EN Level 2.6 (ENY7/8)*** $1,056.82 $1,094.36 $1,124.46 EN Level 2.7 (EN with 5 routes**) $1,069.79 $1,107.62 $1,138.08

Graduate District Nurse 1 $1,034.38 $1,071.42 $1,100.88 District Nurse 2 $1,074.34 $1,112.28 $1,142.86 3 $1,114.63 $1,153.47 $1,185.19 4 $1,154.70 $1,194.45 $1,227.29 5 $1,194.99 $1,235.64 $1,269.62 6 $1,234.95 $1,276.50 $1,311.60 Royal District Nursing Service Ltd Victorian Operations Enterprise Agreement 2016

Page 64 of 132 7 $1,275.12 $1,317.57 $1,353.81 8 $1,306.47 $1,349.63 $1,386.74 9 $1,338.04 $1,381.91 $1,419.91 10 $1,369.17 $1,413.74 $1,452.62 District Nurse (Advanced) $1,409.35 $1,454.82 $1,494.83 District Nurse (Specialised) 1 $1,426.02 $1,471.87 $1,512.35 2 $1,440.26 $1,486.43 $1,527.31 Community Health RN - HPP Nurse 1 $1,482.86 $1,529.99 $1,572.06 2 $1,561.23 $1,610.12 $1,654.40 3 $1,592.58 $1,642.18 $1,687.34 Community Health RN - HPP Team Co- 1 $1,630.11 $1,680.55 $1,726.77 ordinator 2 $1,662.78 $1,713.96 $1,761.09 3 $1,696.12 $1,748.05 $1,796.12 District Nurse Liaison 1 $1,561.23 $1,610.12 $1,654.40 2 $1,592.58 $1,642.18 $1,687.34 District Nurse Liaison Team Leader 1 $1,630.11 $1,680.55 $1,726.77 2 $1,662.78 $1,713.96 $1,761.09 3 $1,696.12 $1,748.05 $1,796.12 Co-ordinator - Clinical Services 1 $1,561.23 $1,610.12 $1,654.40 2 $1,592.58 $1,642.18 $1,687.34 Business Support Analyst (Nurse) 1 $1,426.02 $1,471.87 $1,512.35 2 $1,440.26 $1,486.43 $1,527.31 Business Support Advisor (Nurse) 1 $1,561.23 $1,610.12 $1,654.40 2 $1,592.58 $1,642.18 $1,687.34 Business Support Leader(Nurse) $1,897.34 $1,953.79 $2,007.52 3 $1,630.11 $1,680.55 $1,726.77 4 $1,662.78 $1,713.96 $1,761.09 Operations Manager 5 $1,696.12 $1,748.05 $1,796.12 Clinical Nurse Consultant A 1 $1,561.23 $1,610.12 $1,654.40 2 $1,592.58 $1,642.18 $1,687.34 Clinical Nurse Consultant B 3 $1,630.11 $1,680.55 $1,726.77 4 $1,662.78 $1,713.96 $1,761.09 Clinical Nurse Consultant C 1 $1,696.12 $1,748.05 $1,796.12 2 $1,763.01 $1,816.44 $1,866.39 Nursing Support Roles 1 $1,561.23 $1,610.12 $1,654.40 2 $1,592.58 $1,642.18 $1,687.34 Snr Nursing Support Role A $2,159.41 $2,221.76 $2,282.86 Snr Nursing Support Role B $1,833.93 $1,888.96 $1,940.90 Snr Nursing Support Role C $1,649.18 $1,700.05 $1,746.80 Snr Nursing Support Role D $1,523.99 $1,572.04 $1,615.28 Snr Nursing Support Role E $1,354.48 $1,398.72 $1,437.19 RN Educator $1,763.01 $1,816.44 $1,866.39 Client Services Manager $1,956.96 $2,014.76 $2,070.16 Nurse Practitioner 1 $1,830.12 $1,885.06 $1,936.90 2 $1,897.34 $1,953.79 $2,007.52 Royal District Nursing Service Ltd Victorian Operations Enterprise Agreement 2016

Page 65 of 132 Principal Educator $1,986.86 $2,045.33 $2,101.58 Director of Nursing $2,541.97 $2,612.93 $2,684.78

ALLOWANCES

FPPOOA FPPOOA Current 24 September 1 July Nurses 2016 2017 Nurses Shift Allowance Morning Shift $25.83 $26.41 $27.14 Afternoon Shift $25.83 $26.41 $27.14 Night Shift $60.16 $61.51 $63.21 Permanent Shift $69.21 $70.77 $72.71 On call Allowance Week days Per 12 hours or part thereof $53.85 $55.06 $56.58 On call Allowance Weekends & $68.98 $70.53 $72.47 Public Holidays Per 12 hours or part thereof On call Allowance Weekends & $134.61 $137.64 $141.42 Public Holidays Per 24 hours or part thereof Change of roster $27.82 $28.45 $29.23 Uniform Allowance Daily $1.53 $1.56 $1.61 Weekly $7.61 $7.78 $8.00 Laundry Allowance Daily $0.41 $0.42 $0.43 Weekly $1.98 $2.02 $2.08 Vehicle Allowance Motor Cars (35 PMU & Over) $1.06 $1.08 $1.11 (under 35 PMU) $0.87 $0.89 $0.91 Motor Cycles (250cc & Over) $0.51 $0.52 $0.54 (under 250cc) $0.39 $0.40 $0.41 Meal Allowance (during $11.37 $11.63 $11.95 overtime) After 1 hour of shift After 4 hours of shift $9.08 $9.28 $9.54 Quals Allowance Hospital/Grad Certificate $44.59 $45.59 $46.85 Post Grad Diploma or degree $72.41 $74.04 $76.08 Masters/PhD $83.56 $85.44 $87.79

Quals Allowance (certificate) 6 month course - Year 1 $36.13 $36.94 $37.96 6 month course - Year 2 $36.89 $37.72 $38.76 6 month course - Year 3 $37.64 $38.49 $39.55 6 month course - Year 4 $38.39 $39.25 $40.33 6 month course - Year 5 $39.14 $40.02 $41.12 6 month course - Year 6 $39.89 $40.79 $41.91 6 month course - Year 7 $40.64 $41.55 $42.70 6 month course - Year 8 $41.15 $42.08 $43.23

Quals Allowance (certificate) 12 month course - Year 1 $67.75 $69.27 $71.18 12 month course - Year 2 $69.15 $70.71 $72.65

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Page 66 of 132 12 month course - Year 3 $70.57 $72.16 $74.14 12 month course - Year 4 $71.98 $73.60 $75.62 12 month course - Year 5 $73.39 $75.04 $77.10 12 month course - Year 6 $74.79 $76.47 $78.58 12 month course - Year 7 $76.21 $77.92 $80.07 12 month course - Year 8 $77.15 $78.89 $81.06

Community Care Aides Morning Shift $20.97 $21.44 $22.03 Afternoon Shift $20.97 $21.44 $22.03 Night Shift $60.16 $61.51 $63.21 Permanent Shift $69.21 $70.77 $72.71 Meal Allowance (during $11.37 $11.63 $11.95 overtime) After 1 hour of shift After 4 hours of shift $9.08 $9.28 $9.54 On call Allowance Week days Per 12 hours or part thereof $53.85 $55.06 $56.58 On call Allowance Weekends & $68.98 $70.53 $72.47 Public Holidays Per 12 hours or part thereof On call Allowance Weekends & $134.61 $137.64 $141.42 Public Holidays Per 24 hours or part thereof On call Allowance $20.97 $21.44 $22.03 Change of roster $20.97 $21.44 $22.03 Vehicle Allowance (per km) Motor Cars (35 PMU & Over) $1.06 $1.08 $1.11 (under 35 PMU) $0.87 $0.89 $0.91 Motor Cycles (250cc & Over) $0.51 $0.52 $0.54 (under 250cc) $0.39 $0.40 $0.41

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Page 67 of 132 APPENDIX B – LONG SERVICE LEAVE

1. Entitlement

1.1. An Employee shall be entitled to long service leave with pay, in respect of continuous service with one and the same Employer or service with Institutions or Statutory Bodies, in accordance with the provisions of this clause.

1.2. Subject to 1.3 the amount of such entitlement shall be:

1.3. On the completion by the Employee of fifteen (15) years continuous service:

(a) Six (6) months long service leave and thereafter an additional two months long service leave on the completion of each additional five (5) years service.

(b) In addition, in the case of an Employee who has completed more than fifteen (15) years’ service and whose employment terminates otherwise than by the death of the Employee, an amount of long service leave equal to one thirtieth of the period of their service since the last accrual of entitlement to long service leave under 1.2(a).

(c) In the case of an Employee who has completed at least ten (10) years’ service, but less than fifteen (15) years’ service and whose employment terminates for any cause other than serious and wilful misconduct, such amount of long service leave as equals one thirtieth of the period of service.

1.4. For the purpose of determining the entitlement of any male Employee under any provisions of this clause in respect of a period of employment beginning before 31 December 1964 and ending after the said date, so much of that service as was completed before the said date shall be reduced by one (1) quarter.

2. Service entitling leave

2.1. Subject to this clause the service of a nurse of an Institution, or Statutory Body shall include service for which long service leave, or payment in lieu, has not been received, in one (1) or more Institutions including Statutory Bodies directly associated with such Institutions or Institution for the periods required by Clause1.

2.2. Subject to this clause service shall also include all periods during which an Employee was serving in Her Majesty’s Forces or was made available by the Employer for National Duty.

2.3. When calculating the aggregate of service entitling to leave any period of employment with any one of the said Institutions or Statutory Bodies of less than six (6) months duration shall be disregarded.

2.4. Where a business is transmitted from one Employer (the transmittor) to another Employer (the transmittee) an Employee who worked with the transmittor and who continues in the service of the transmittee shall be entitled to count their service with the transmittor as service with the transmittee for the purposes of this clause.

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Page 68 of 132 2.5. For the purposes of this clause service shall be deemed to be continuous notwithstanding:

(a) the taking of any annual leave, long service leave, or other paid leave approved in writing by the Employer and not covered by 2.5(b) or 2.52.5(d).

(b) any absence from work of not more than fourteen (14) days in any year on account of illness or injury or if applicable such longer period as provided in clause 19 - Personal leave.

(c) any interruption or ending of the employment by the Employer if such interruption or ending is made with the intention of avoiding obligations in respect of long service leave or annual leave;

(d) any absence on account of injury arising out of or in the course of the employment of the Employee for a period during which payment is made under clause 22 - Accident pay;

(e) any unpaid leave of absence of the Employee where the absence is authorised in advance in writing by the Employer to be counted as service;

(f) any interruption arising directly or indirectly from an industrial dispute;

(g) any period of absence from employment between the engagement with one of the said Institutions or Statutory Bodies and another provided it is less than the Employee’s allowable period of absence from employment. An Employee’s allowable period of absence from employment shall be thirteen (13) weeks inclusive of any paid annual and/or personal leave which the Employee actually received on termination or for which was paid in lieu;

(h) the dismissal of an Employee if the Employee is re-employed within a period not exceeding two (2) months from the date of such dismissal;

(i) any absence from work of a female Employee for a period not exceeding twelve (12)months plus any further additional period approved in respect of any pregnancy;

(j) in the case of an Employee, any unpaid absence of not more than twenty four (24) months for the sole purpose of undertaking a course of study related to nursing where the written approval of the Employer is given;

(k) any other absence of an Employee by leave of the Employer, or on account of injury arising out of or in the course of their employment not covered by 2.52.5(d).

2.6. In calculating the period of continuous service of any Employee, any interruption or absence of a kind mentioned in 2.5(a) to 2.52.5(e) of the last preceding sub clause shall be counted as part of the period of their service, but any interruption or absence of a kind mentioned in 2.5 of the said sub clause shall not be counted as part of the period of service unless it is so authorised in writing by the Employer.

2.7. The onus of proving a sufficient aggregate of service to support a claim for any long service leave entitlement shall at all times rest upon the Employee concerned. A Certificate in the following form shall constitute acceptable proof.

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Page 69 of 132 2.8.

Certificate of Service

(Name of Institution) (Date)

This is to certify that...... ……………………(Name of Employee) has been employed by this Institution/Society/Board for a period of...... ……..(Years/Months/etc.) from...... to......

Specify hereunder full details of paid or unpaid leave or absences including periods represented by payment made in lieu of leave on termination: ______

Specify hereunder full details of Long Service Leave granted during service or on termination: ______

Position held: Classification Held:

Signed:______(Stamp of Institution):

2.9. Every Employer shall keep or cause to be kept a long service leave record for each Employee, containing particulars of service, leave taken and payments made.

2.10. Payment in lieu of long service leave on the death of an Employee

(a) Where an Employee who has completed at least ten (10) years service dies while still in the employ of the Employer, the Employer shall pay to such Employee’s personal representative a sum equal to the pay of such Employee for 1/30th of the period of the Employee’s continuous service in respect of which leave has not been allowed or payment made immediately prior to the death of the Employee.

2.11. Payment for period of leave

2.12. Payment to an Employee in respect of long service leave shall be made in one of the following ways:

(a) in full in advance when the Employee commenced their leave; or

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Page 70 of 132 (b) at the same time as payment would have been made if the Employee had remained on duty; in which case payment shall, if the Employee in writing so requires, be made by cheque posted to a specified address; or

2.13. Where the employment of an Employee for any reason terminates before they take any long service leave to which they are entitled or where any long service leave accrues to an Employee pursuant to 1.2(a) the Employee shall subject to the provisions of 5.2 be entitled to pay in respect of such leave as at the date of termination of employment.

(a) Where any long service leave accrues to an Employee pursuant to 1.2 the Employee shall be entitled to pay in respect of such leave as at the date of termination of employment.

(b) Provided in the case of a nurse of an Institution or Statutory Body who accrues entitlement pursuant to 1.2 and who intends to be re-employed by another Institution or Statutory Body:

i. Such a nurse may in writing request payment in respect of such leave to be deferred until after the expiry of the nurse’s allowable period of absence from employment provided in 2.5(g).

ii. Except where the nurse gives the Employer notice in writing that the nurse has been employed by another Institution or Statutory Body the Employer shall make payment in respect of such leave at the expiry of the nurse’s allowable period of absence from employment.

iii. Where the nurse gives the Employer notice in writing that the nurse has been employed by another Institution or Statutory Body the Employer is no longer required to make payment to the nurse in respect of such leave.

2.14. Where an increase occurs in the ordinary time rate of pay during any period of long service leave taken by the Employee, the Employee shall be entitled to receive payment of the amount of any increase in pay at the completion of such leave.

3. Taking of leave

3.1. When an Employee becomes entitled to long service leave such leave shall be granted by the Employer within six (6) months from the date of the entitlement, but the taking of such leave may be postponed to such date as is mutually agreed, or in default of agreement as is determined by a member of the Australian Industrial Relations Commission: provided that no such determination shall require such leave to commence before the expiry of six (6) months from the date of such determination.

3.2. Any long service leave shall be inclusive of any public holiday; or accrued day off occurring during the period when the leave is taken.

3.3. If the Employer and an Employee so agree:

(a) the first six (6) months long service leave to which an Employee becomes entitled under this part may be taken in two (2) or three (3) separate periods; and

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Page 71 of 132 (b) any subsequent period of long service leave to which the Employee becomes entitled may be taken in two (2) separate periods, but save as aforesaid long service leave shall be taken in one (1) period.

3.4. An Employer may by agreement with an Employee grant long service leave to the Employee before the entitlement to that leave has accrued, provided that such leave shall not be granted before the Employee has completed ten (10) years service.

3.5. Where the employment of an Employee who has taken long service leave in advance is subsequently terminated for serious and willful misconduct before entitlement to long service leave has accrued, the Employer may, from whatever remuneration is payable to the Employee upon termination deduct and withhold an amount equivalent to the amount paid to the Employee in respect of the leave in advance.

4. Definitions

4.1. For the purpose of this clause the following definitions apply:

(a) Pay means remuneration for an Employee’s normal weekly hours of work calculated at the Employee’s ordinary time rate of pay provided in clauses 32 - Salaries and 50 - Salaries, at the time the leave is taken or (if they die before the completion of leave so taken) as at the time of their death, and shall include the amount of any increase to the Employee’s ordinary time rate of pay which occurred during the period of leave.

(b) Month shall mean a calendar month.

(c) Institution shall mean any hospital or benevolent home, community health centre, Society or Association registered and subsidised pursuant to the Hospital and Charities Act 1958, or the Health Services Act 1988 or the Cancer Institute constituted under the Cancer Act 1958, or the Fairfield Hospital Board or the Victorian Bush Nursing Association (Inc.), or a Bush Nursing institution.

(d) Statutory Body means the Hospital and Charities Commission of Victoria, the Health Commission of Victoria, Health Department Victoria, the Department of Human Services and the Nurses Board of Victoria.

(e) Transmission includes transfer, conveyance, assignment or succession whether by agreement or by operation of law and transmitted has a corresponding interpretation.

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Page 72 of 132 APPENDIX C – ACCIDENT PAY

1. Accident Pay

4.2. Where an entitlement to accident make-up pay arises under this part any reference to the Workers Compensation Act 1958 shall be deemed to include a reference to the Accident Compensation Act 1985 and the Workplace Injury Rehabilitation and Compensation Act 2013 and any reference to the Accident Compensation Act 1985 shall be deemed to include a reference to the Workers Compensation Act 1958 and the Workplace Injury Rehabilitation and Compensation Act 2013

5. Definitions

5.1. The words hereunder shall bear the respective definitions set out herein.

5.2. Accident pay

In the case of an Employee who is or deemed to be totally incapacitated within the meaning of the Workplace Injury Rehabilitation and Compensation Act 2013 (or any applicable proceeding Act) (hereinafter referred to as the Act) and arising from an injury covered by this clause means a weekly payment of an amount representing the difference between the total amount of compensation paid under the Act for the week in question and the total thirty eight(38) hour weekly rate and weekly over award payment for a day Employee which would have been payable under this part for the Employee’s normal classification of work for the week in question if they had been performing their normal duties provided that such latter rate shall exclude additional remuneration by way of shift premiums, overtime payments, special rates or other similar payments.

5.3. Partial incapacity

(a) In the case of an Employee who is or deemed to be partially incapacitated within the meaning of the Workplace Injury Rehabilitation and Compensation Act 2013 (or any applicable proceeding Act) and arising from an injury covered by this clause means a weekly payment of an amount representing the difference between the total amount of compensation paid under the Act for the period in question together with the average weekly amount the Employee is earning or is able to earn in some suitable employment or business (as determined expressly or by implication by the Workers Compensation Board or as agreed between the parties) and the total thirty eight (38) hour weekly rate and weekly over-award payment for a day Employee which would have been payable under this part for the Employee’s normal classification of work for the week in question if he had been performing his normal duties provided that such latter rate shall exclude additional remuneration by way of shift premiums, overtime payments, special rates or other similar payments.

(b) The total thirty eight (38) hour weekly award rate and weekly over-award payment abovementioned shall be the same as that applying for a total incapacity provided that where an Employee receives a weekly payment under this section and subsequently such payment is reduced pursuant to section 9.6(1) of the Act such reduction will not increase the liability of the Employer to increase the amount of accident pay in respect of that injury.

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Page 73 of 132 (c) For the purposes of the calculation of the total thirty eight (38) hour weekly award rate and weekly over-award payment in 1.1 and 1.2 payments made to an Employee arising from a production incentive earnings scheme (whether arising from a payment by results, task or bonus scheme or however titled) shall not be taken into account.

5.4. Payment for part of a week

(a) Where an Employee receives accident pay and such pay is payable for incapacity for part of the week the amount shall be direct pro rata.

(b) Injury shall be given the same meaning and application as applying under the Workers Compensation Act, and no injury shall result in the application of accident pay unless an entitlement exists under the Act.

(c) Workers Compensation Act means Workers Compensation Act 1958, as amended from time to time, of the State of Victoria. The Act at the time of entering into this Agreement is the Workplace Injury Rehabilitation and Compensation Act 2013.

5.5. Qualification for payment

(a) Always subject to the terms of this clause, an Employee covered by this part shall upon receiving payment of compensation and continuing to receive such payment in respect of a weekly incapacity within the meaning of the Act be paid accident pay by their Employer who is liable to pay compensation under the Act, which said liability by the Employer for accident pay may be discharged by another person on his behalf, provided that:

(b) Accident pay shall only be payable to an Employee whilst such Employee remains in the employment of the Employer by whom they were employed at the time of the incapacity and then only for such period as they receive a weekly payment under the Act. Provided that if an Employee on partial incapacity cannot obtain suitable employment from their Employer but such alternative employment is available with another Employer than the relevant amount of accident pay shall be payable.

(c) Provided further that in the case of the termination of employment by an Employer of an Employee who is incapacitated and who except for such termination would be entitled to accident pay, accident pay shall continue to apply subject to the provisions of this clause except in those cases where the termination is due to serious and/or willful misconduct on the part of the Employee.

(d) In order to qualify for the continuance of accident pay on termination an Employee shall if required provide evidence to their Employer of the continuing payment of weekly Employees compensation payments.

5.6. Accident pay shall not apply to any incapacity occurring during the first two (2) weeks of employment unless such incapacity continues beyond the first two (2) weeks and then subject to clause 4 and to the maximum period of payment prescribed elsewhere herein, accident pay shall apply only to the period of incapacity after the first two (2) weeks.

5.7. Provided that as to industrial diseases contracted by a gradual process or injuries subject to recurrence, aggravation or acceleration as provided in section 3 of the Act such injuries or diseases shall not be subject to accident pay unless the Employee has been employed with the Employer at the time of the incapacity for a minimum period of one month.

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Page 74 of 132 5.8. Accident pay shall not apply in respect of any injury during the first five (5) normal working days of incapacity.

5.9. Provided however that in the case of an Registered Nurse or Mothercraft Nurse who contracts an infectious disease in the course of duty and is entitled to receive workers compensation therefore shall receive accident pay from the first day of the incapacity.

5.10. An Employee on engagement may be required to declare all workers compensation claims made in the previous five (5) years and in the event of false or inaccurate information being deliberately and knowingly declared the Employer may require the Employee to forfeit their entitlement to accident pay under this clause.

5.11. Maximum period of payment

(a) The maximum period or aggregate of periods of accident pay to be made by an Employer shall be a total of thirty nine (39) weeks for any one injury as defined in 1.4.

5.12. Absences on other paid leave

(a) An Employee shall not be entitled to payment of accident pay in respect of any period of other paid leave of absence.

5.13. Notice of injury

(a) An Employee upon receiving an injury for which they claim to be entitled to receive accident pay shall give notice in writing of the said injury to her/his Employer as soon as reasonably practicable after the occurrence thereof provided that such notice may be given by a representative of the Employee.

5.14. Medical examination

(a) In order to receive entitlement to accident pay an Employee shall conform to the requirements of the Act as to medical examination.

(b) Where in accordance with the Act a medical referee gives a certificate as to the condition of the Employee and their fitness for work or specifies work for which the Employee is fit and such work is made available by the Employer and refused by the Employee or the Employee fails to commence the work, accident pay shall cease from the date of such refusal or failure to commence the work.

5.15. Cessation of weekly payments

(a) Where there is a cessation or redemption of weekly compensation payments under the Act the Employer’s liability to pay accident pay shall cease as from the date of such cessation or redemption.

5.16. Civil damage claims

(a) An Employee receiving or who has received accident pay shall advise their Employer of any action they may institute or any claim they may make for damages. Further the Employee shall, if

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Page 75 of 132 requested, provide an authority to the Employer entitling the Employer to a charge upon any money payable pursuant to any judgement or settlement on that injury.

(b) Where an Employee obtains a judgement or settlement for damages in respect of an injury for which they have received accident pay the Employer’s liability to pay accident pay shall cease from the date of such judgement or settlement provided that if the judgement or settlement for damages is not reduced either in whole or part by the amount of accident pay made by the Employer the Employee shall pay to their Employer any amount of accident pay already received in respect of that injury by which the judgement or settlement has not been so reduced.

(c) Where an Employee obtains a judgement or settlement for damages against a person other than the Employer in respect of an injury for which they have received accident pay the Employer’s liability to pay accident pay shall cease from the date of such judgement or settlement provided that if the judgement or settlement for damages is not reduced either in whole or part by the amount of accident pay made by the Employer the Employee shall pay to their Employer any amount of accident pay already received in respect of that injury by which the judgement or settlement has not been so reduced.

5.17. Insurance against liability

(a) Nothing in this part shall require an Employer to insure against their liability for accident pay.

5.18. Variations in compensation rates

(a) Any changes in compensation rates under the Act shall not increase the amount of accident pay above the amount that would have been payable had the rates of compensation remained unchanged.

5.19. Death of an Employee

(a) All rights to accident pay shall cease on the death of an Employee.

5.20. Commencement

(a) This clause shall only apply in respect of incapacity arising from an injury occurring or recurring on or after August 1975.

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Page 76 of 132 APPENDIX D – Letter of Appointment/Statement of Appointment

1. The letter of appointment will contain the following information:

Name of Employer.

Employee's classification/level and year.

The region or department where the person is to be situated.

The name of the Enterprise Agreement which contains their terms and conditions of employment.

Their mode of employment (full-time/part-time/casual).

Fortnightly hours and if Monday – Friday or on a roster.

Specified employment is ongoing unless a valid term appointment is proposed.

Date of commencement.

Should the employee be eligible for recognition of prior service for personal leave accrual rate or long service from public sector employment, it will be acknowledged on the presentation of applicable documentation (certificate of service).

RDNS accepts no transfer of personal leave balances from prior public sector employment.

Other information as required depending on the nature of the position.

Applications for the payment of a qualifications allowance must be submitted with evidence not later than 120 days from commencement.

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Page 77 of 132 3. Part Three - Heath Professionals and Support Staff

3.1. Intent of this Part

(a) Royal District Nursing Service Limited (RDNS) is an independent not-for-profit organisation incorporated under the Australian Securities and Investment Commission. It is not a Government organisation, but receives funding from various sources including the State and Federal Governments and separately generates income.

(b) RDNS operates in a highly competitive, dynamic and increasingly national home health care environment.

(c) To remain both effective and viable, RDNS must support its direct care workforce through the reliable provision of consistent, efficient services that ensure Employees have access to the assets, technology, advice and knowledge they require.

(d) These services will be delivered seamlessly and at a time and place that optimises the health outcomes of our clients and the needs of our direct care workforce.

3.2. Definitions

3.2.1. In this Agreement except where the context requires otherwise:

(a) “Employer” means the Royal District Nursing Service Limited (RDNS) [ACN: 052 188 717].

(b) “Employee” means a person employed in a classification within this part, in the State of Victoria.

(d) “RDNS Board” means people comprising Royal District Nursing Service Board of Directors.

(e) “HSU” means the Health Services Union, Victoria Branch, or its successors.

(f) “FTE” means full time equivalent.

(g) “Extended leave” includes, but is not limited to, long service leave, parental leave, long-term WorkCover absences and Career Break Leave.

(h) “Act” refers to Fair Work Act 2009.

(i) “Ordinary rate” means remuneration for an Employee’s contracted weekly hours of work calculated at the Employee’s ordinary time rate of pay provided for by this Agreement.

(j) “NES” means the National Employment Standards.

(k) Continuous service means as defined in the Long Service Leave provisions of this Agreement for the purpose of Long Service Leave.

(l) “Shift Worker” is an Employee who works their ordinary hours for four (4) hours or more on ten (10) or more weekend days.

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Page 78 of 132 (m) “Service Contracts” are commercial agreements for RDNS to undertake or provide services on behalf of another entity, for a prescribed period. Continuity of employment cannot therefore be guaranteed as the agreement or contract may not continue after the expiry date.

(n) ‘AHPRA’ means the Australian Health Professionals Registration Agency.

(o) “Term contract” means a contract of employment which has a maximum period, but which can be terminated prior to that dated in accordance with clause 1.24 of this agreement.

A) Staffing Arrangements

3.3. Types of Employment

(a) At the time of engagement RDNS will inform each Employee in writing whether they are employed on a full-time, part-time or casual basis.

3.4. Full time employment

(a) The ordinary hours of work for a full-time Employee will be an average of thirty eight (38) hours per week, seventy six (76) hours in a fortnight or 152 hours in a four (4) week period.

(b) A full time employee shall not work more than either eight (8) (or by Agreement with RDNS, ten (10)) ordinary hours of work (exclusive of meal breaks) in any one (1) day. One year after the commencement of the Agreement, an Employee shall not work more than ten (10) ordinary hours of work (exclusive of meal breaks) in any one (1) day.

3.5. Part time employment

(a) A part-time Employee is an Employee who is engaged to work less than the full-time hours of an average of thirty eight (38) hours per week and who has reasonably predictable hours of work.

(b) Before commencing employment, the Employer and Employee will agree in writing on a regular pattern of work including the number of hours to be worked each week or fortnight, the days of the week the Employee will work and the starting and finishing times each day.

(d) The terms of this Agreement will apply on a pro rata basis to part-time Employees on the basis that the ordinary weekly hours for full-time Employees are thirty eight (38).

3.6. Casual employment

(a) A casual Employee is an Employee engaged as such on an hourly basis, other than as a part- time, full-time or fixed-term Employee, to work up to and including thirty eight (38) ordinary hours per week.

(b) A casual Employee will be paid per hour calculated at the rate of 1/38th of the weekly rate appropriate to the Employee’s classification. In addition, a loading of 25% of that rate will be paid instead of the paid leave entitlements of full-time Employees.

3.7. Casual Conversion

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Page 79 of 132 (a) A casual Employee who has worked on a regular and systematic basis is more appropriately classified as a part time or full time Employee. RDNS will provide an offer of part time or full time employment to the Employee which shall not be unreasonably refused. In the event the Employee rejects the offer of permanent employment, RDNS may advertise the position to be filled on a permanent basis.

(b) A casual Employee who has been rostered on a regular and systematic basis over twenty six (26) weeks, (provided that the rostering pattern has not resulted from coverage for extended absences such as maternity leave, long service leave, workers compensation leave and extended sick leave), has the right to request conversion to permanent employment and that request will not be unreasonably refused by the Employer.

3.8. Term Employment

(a) Term employment will only be used for "term arrangements".

(b) " Term arrangements" include, but are not limited to, employment in replacement of Employees on maternity leave, long term WorkCover, parental leave or long service leave, employment in projects and on service contracts as defined with contracts with known expiry dates of less than three (3) years.

(c) Where an Employee is engaged on a continuous basis on work derived from a contract with known expiry dates, that Employee shall be offered permanent employment when either the contract is renewed or extended for a second time or after three (3) years, whichever is sooner.

(d) Continuity of service will be recognised.

(e) RDNS shall provide each Employee with a letter of appointment/statement of appointment.

3.9. Filling of Vacancies

3.9.1. The process for advertising and filling of vacancies shall be as follows:

(a) Where a vacancy arises within a department, the responsible manager may initiate action to advertise the vacant position or available hours, internally and/or externally, (where appropriate), with the exception as provided in (c) below.

(b) RDNS shall advertise all vacancies, where RDNS identifies that a replacement is required, as soon as practicable (ordinarily within eight (8) working days), with the exception as provided in (c) below.

(c) RDNS may reassign staff, by agreement, to alternative roles at the same classification without advertising, to facilitate career development. The vacancy arising from such an arrangement shall be advertised in accordance with this clause. If a subsequent vacancy to the assigned position arises within twelve (12) months, the vacancy will be advertised in accordance with this clause.

(d) Details of the changes to portability of personal leave for Employees transferring from the public sector to RDNS will be included in external advertisement, interviews and letters of appointment.

3.10. Saturday and Sunday work

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Page 80 of 132 (a) Where an Employee is rostered to work ordinary hours between midnight Friday and midnight Saturday, the Employee will be paid a loading of 50% of their ordinary rate of pay for the hours worked during this period plus any applicable shift loadings.

(c) Where an employee works in excess of the ordinary full-time shift length, on a Saturday or Sunday, double time will apply for the excess period.

3.11. Hours of Work

(a) The ordinary hours of work for a full-time Employee will be thirty eight (38) hours per week, or seventy six (76) hours per fortnight or 152 hours over twenty eight (28) days.

(b) The shift length or ordinary hours of work per day will be a maximum of ten (10) hours, exclusive of meal breaks.

(c) Notwithstanding the above, on the individual Employee's written request and with the agreement of RDNS, a full time Employee may work a variation from the standard shift length to meet family responsibilities or personal commitments provided that the shift length will not exceed ten (10) hours.

(d) Each Employee must be free from rostered duty no less than two (2) full days in each week or four (4) full days in each fortnight, or eight (8) full days in a twenty eight (28) day cycle. Where practicable such days off must be consecutive.

3.12. Rostering

(a) The ordinary hours of work for each Employee will be displayed on a fortnightly roster in a place conveniently accessible to Employees. When working in accordance with such roster, this is referred to as being “on roster”. The roster will be posted at least two (2) weeks before the commencement of the roster period.

(b) Seven (7) days’ notice will be given of a change in a roster. However, a roster may be altered at any time to enable the functions of the RDNS site or head office to be carried on where another Employee is absent from duty on account of illness or in an emergency.

(c) Unless the Employer otherwise agrees, an Employee desiring a roster change will give seven (7) days’ notice except where the Employee is ill or in an emergency.

3.13. Change of Roster

(a) Except in emergency situations seven (7) days’ notice shall be given of a change of roster.

(b) Part time Employees who elect to work extra shifts on a voluntary basis will be able to register their interest in working uncovered rostered shifts

(c) Employees to indicate to their nominated Manager their additional shift preferences. Nothing in the above is intended to inhibit Employees swapping shifts amongst themselves or volunteering to work additional shifts subject to line manager approval.

3.14. Accumulation and taking of accrued days off (ADOs)

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Page 81 of 132 (a) Where an Employee works a pattern or roster that generates an entitlement to ADOs, such ADOs will be taken in each month in which the ADO is accrued.

(b) For the avoidance of doubt, this entitlement to ADOs under this part applies to all full-time Employees covered by this part employed at 11 September 2012.

(c) With the specific consent of the Employer, ADOs may be accumulated up to a maximum of three (3) in any one (1) calendar year; an Employee may be directed to take any ADO accrual in excess of this limit.

(d) An Employee will be paid for any accumulated ADOs, at ordinary rates, on the termination of their employment for any reason.

3.15. Shut-down over Christmas Period

(a) RDNS may elect to shut down a facility or facilities during the Christmas period.

(b) Employees will be provided with notice as to the dates of shut down, as soon as practicable.

(d) If an Employee has ADO credits accrued they may also be accessed during this period.

(e) In the event an Employee does not have paid leave accrued or ADO credits they may anticipate annual leave to cover this period or may take leave without pay.

3.16. Overtime

(a) Where a part time Employee either requests or agrees to work hours or shifts additional to their contracted hours but less than the full time ordinary shift length in one (1) day or thirty eight (38) hours in one week, remuneration will be at the ordinary rate of pay.

(b) Provided that where a part time Employee is directed to work hours or shifts additional to their contracted hours, remuneration for such time will be at the appropriate overtime rate.

i. Monday to Friday (inclusive)—time and a half for the first two hours and double time thereafter;

ii. Saturday and Sunday—double time; and

iii. Public holidays—double time and a half.

3.16.2. Child Care Costs (a) Where Employees are required by the Employer to work outside their ordinary hours of work and where less than twenty four (24) hours’ notice of the requirement to perform such overtime work has been given by the Employer, other than recall when placed on call, the Employee will be reimbursed for reasonable childcare expenses incurred.

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Page 82 of 132 (b) Evidence of expenditure incurred by the Employee must be provided to the Employer as soon as possible after the working of such overtime.

(c) Overtime will be paid to a full time Employee where the Employee is directed by the Employer to perform work in addition to the full time rostered shift length for a location or department or where it exceeds thirty eight (38) hours in a week or seventy six (76) hours in a fortnight.

3.16.3. Time off instead of payment for overtime

(a) In lieu of receiving payment for overtime worked in accordance with this clause, Employees may, with the consent of RDNS, be allowed to take time off, for a period of time equivalent to the period worked in excess of ordinary rostered hours.

3.16.4. Recall – Attended

(b) An Employee recalled to work will not be required to work the full three (3) hours if the work is completed in a shorter period.

(c) Sub–clause 3.16.3(b) will not apply when overtime is continuous with completion or commencement of ordinary working time.

3.16.5. Rest period after recall – Overtime (including Saturday and Sunday)

(a) When overtime work including recall work (but excluding recall – remote work of less than one hour) is necessary, it should be arranged so that Employees have at least ten (10) consecutive hours off duty between the completion of the previous rostered shift and the commencement of the rostered successive shift.

(b) If an Employee is required by RDNS to resume or to continue to work for more than three (3) hours without having had ten (10) consecutive hours off duty they will be paid at the rate of double time until they have been released from duty for such rest period and they shall be entitled to ten (10) consecutive hours off duty without loss of pay for rostered ordinary hours occurring during such absence.

3.16.6. Recall – Remote

(a) Where recall to duty can be managed without the Employee having to return to their base, such as by telephone, computer or other device, such Employee will be paid a minimum of one (1) hour’s overtime, provided that multiple recalls within a discrete hour will not attract additional payment.

3.17. Full time Employees – Four Clear Days Off

(a) An Employee is entitled to four (4) clear days off per fortnight free of duty, including on call/recall work. Royal District Nursing Service Ltd Victorian Operations Enterprise Agreement 2016

Page 83 of 132 (b) Despite sub-clause 3.17(a), in the event this does not occur:

i. Additional leave will be calculated for individual Employees at the end of each year of employment as per the algorithm employed by RDNS.

i. Each staff member should receive four (4) clear days (have worked less than or equal to ten (10) shifts/on-call) per fortnight (pay period).

ii. There are twenty six (26) fortnights (pay periods) per year.

iii. There are thirteen (13) four week cycles per year.

iv. Overtime and Casual Staff are exempt from this ruling.

v. Leave accrued does not attract 17.5% loading.

Pay Run No 4 Week Additional Cycles On-Call Leave Accrued 1 0.5 0.25 2 1 0.25 3 1.5 0.5 4 2 0.5 5 2.5 0.75 6 3 0.75 7 3.5 0.75 8 4 1 9 4.5 1 10 5 1 11 5.5 1 12 6 2 13 6.5 2 14 7 2 15 7.5 2 16 8 3 17 8.5 3 18 9 3 19 9.5 3 20 10 4 21 10.5 4 22 11 4 23 11.5 5 24 12 5 25 12.5 5 26 13 5

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Page 84 of 132 (d) In the event an Employee terminates their employment the additional leave entitlement will be calculated by the mentioned four (4) clear day off method of calculation and will be paid on a pro rata basis.

(e) Leave which accrues in accordance with the calculation is to be taken by agreement between the Employer and the Employee within the operational needs of the organisation or paid out annually by mutual agreement.

3.18. Meal and Tea Breaks

(a) An Employee who works in excess of five (5) hours will be entitled to an unpaid meal break of not less than thirty (30) minutes and not more than sixty (60) minutes.

(b) Employees not on a specific roster are expected to schedule their meal break to comply with this requirement.

(c) Every Employee will be entitled to a paid ten (10) minute tea break in each four (4) hours worked at a time to be agreed between the Employee and Employer, taking into account the requirements of the clients, the Employee and their role and the organisation.

(d) Employees unable to meet this requirement must advise their line manager prior to the meal break being due.

(e) Subject to agreement between RDNS and an Employee, such breaks may alternatively be taken as one (1) twenty (20) minute tea break.

(f) In addition to the above, an employee working in a role within a Customer Service Centre, will be entitled to an additional paid five (5) minute tea break in each eight (8) hour shift, to be taken continuous with one of their ten (10) minute tea breaks.

3.19. Daylight Savings

(a) Where an Employee works on a shift during which time changes because of the introduction of or cessation to, daylight saving, that Employee will be deemed to have worked the "daylight savings shift".

(b) Despite the overtime provisions of the Agreement, an Employee working the daylight savings shift will be paid for the actual hours worked.

(d) For the purpose of calculating accrued days off (where applicable Employees who work on a shift during which time changes because of the introduction of, or cessation to daylight saving, will be taken to have worked the standard hours for a night shift.

3.20. Public Holidays

(a) An Employee shall be entitled to holidays on the following days:

i. New Year’s Day, Good Friday, Easter Saturday, Easter Monday, Christmas Day and Boxing Day; and

ii. The following days, as prescribed in the relevant States and localities: Australia Day, Anzac Day, Queen’s Birthday and Labour Day; and Royal District Nursing Service Ltd Victorian Operations Enterprise Agreement 2016

Page 85 of 132 iii. Melbourne Cup Day, or in lieu of Melbourne Cup Day, some other day as determined for a particular locality.

(b) Holidays in lieu

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

ii. When Boxing Day is a Saturday or a Sunday, a holiday in lieu thereof shall be observed on 28 December.

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

(c) Where in the State or locality, public holidays are declared or prescribed on days other than those set out in (a) and (b) above, those days shall constitute additional holidays for the purpose of this Agreement. The Employer and an Employee may agree in writing to substitute another day for any prescribed in this clause.

3.20.2. Payment for work performed on a public holiday

(a) If an Employee works on a public holiday, they shall be paid double time and a half for the time worked.

3.20.3. Public holidays occurring on rostered days off

(a) If a public holiday occurs on an Employee’s rostered day off, they shall be entitled to one and half times the payment for their ordinary day; or where there is a mutual consent within four (4) weeks following the date on which such holiday occurred an Employee may take a day and a half off in lieu or have one and one half day added to their annual leave.

(b) Provided that Employees rostered to work on public holidays and who fail to do so shall not be entitled to holiday pay for said holiday.

3.20.4. Part-time Employees

(a) The entitlement to public holiday benefits for all part-time Employees who are rostered off duty on the day on which a public holiday occurs is to be determined as follows:

ii. Where a public holiday occurs on a day a part-time Employee is not rostered to work, the part-time Employee's entitlement will be determined by application of the following formula.

iii. average weekly hours worked by the part-time Employee over the previous six (6) months are to be determined; and Royal District Nursing Service Ltd Victorian Operations Enterprise Agreement 2016

Page 86 of 132 iv. a pro-rata payment made, regardless of whether the Employee would ever work on that day of the week.

(b) Where an Employee’s accrued day off falls on a public holiday prescribed by this Part, another day shall be determined by the Employer to be taken in lieu thereof, for such a day to be within the same four (4) week work cycle where practicable.

B) Classifications

3.20.5. The following classification structure shall apply.

3.21. RDNS Support Staff Structure.

(a) Indicative Band Descriptions are outlined below

3.21.2. BAND 1

(a) Knowledge and experience:

i. Require knowledge associated with experience or technical training;

ii. Require ability to provide information and advice to members of the public consistent with organisational guidelines;

iii. They require performance of related tasks within a defined area of activity which have clearly defined objectives;

(b) Skills and abilities:

i. There are established procedures for performing tasks.

ii. Positions are well defined with standardised procedures although the tasks performed may require the use of accepted methods or systems.

iii. The most suitable method of action is selected from a limited range and effective choice is guided by precedent or rule and can be learned.

i. The positions progress is closely monitored against standards, targets or budgets.

ii. The positions report frequently on work progress and/or receive instructions which determine the work program and the standards to be achieved.

iii. The positions are required to analyse situations or information, clearly and accurately communicate information, or make recommendations to peers or immediate supervisors.

(d) Communication Skills:

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Page 87 of 132 i. Communicate with internal and external clients mainly to convey /accept information, make basic enquiries under the guidance or advice.

3.21.3. BAND 2

(a) Knowledge and experience:

i. Require technical /administrative training with some years of experience or equivalent work experience.

ii. Require administrative or technical skills within one (1) or two (2) activities which have well defined objectives.

(b) Skills and abilities:

i. Positions are clearly defined and procedures established and standardised, however, there are a range of varied techniques and methods available to perform work.

ii. Selection of the most suitable method is aided by rules, procedures or precedent.

i. Although work progress is closely monitored against standards, budgets or targets, there is some flexibility in the means for achieving these.

ii. The positions generally report frequently on progress and performance.

(d) Communication Skills:

i. Good persuasive skills are required to obtain cooperation in the achievement of objectives or for the communication of technical or administrative information.

3.21.4. BAND 3

(a) Knowledge and experience:

i. Employees require proficiency in the use of established technical or administrative processes through some years of experience in the field or a qualified tertiary graduate with a few years of experience.

ii. They demonstrate administrative or technical competency for a distinct set of activities which may need to be coordinated with other activities in the department.

(b) Skills and abilities:

i. The broad parameters of the position are clearly defined although judgment may be required to select from a range of standardised systems and techniques.

ii. Precedent, standard procedures or instructions generally exist for most work situations and policy guidelines may assist in the selection of the most suitable course of action.

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Page 88 of 132 i. Employees may share accountability for actions and decisions with peers or line management while technical or professional specialists are one of the number of sources which analyse and provide advice on a specialised service.

(d) Communication Skills:

i. Employees require the ability to obtain cooperation and assistance in the administration of well defined activities and/or to influence others in the achievement of set objectives.

3.21.5. BAND 4

(a) Knowledge and experience:

i. Employees require proficiency in the use of established technical or administrative processes through a number of years of experience in the field or a qualified tertiary graduate with some years of experience.

ii. They require understanding for an activity that may need coordination with other activities.

(b) Skills and abilities:

i. The broad parameters of the position are well known but often diverse and require judgment in selecting the appropriate action.

ii. Problems are generally manageable and solutions are guided by precedent and practice.

i. Specialist Employees provide authoritative advice to peers and more senior Employees in the department.

ii. Employees are predominantly responsible for the action undertaken.

(d) Communication Skills:

i. Employees at this level require considerable persuasive skills for successful adoption of operational schedules and to gain cooperation of others

3.21.6. BAND 5

(a) Knowledge and experience:

i. Employees require a high degree of proficiency in the use of established technical or administrative processes through extensive years of experience in the field along with appropriate qualifications.

ii. They require understanding for an activity that may need coordination with other activities.

(b) Skills and abilities:

i. Although work assignments apply familiar techniques and methods, there is also a requirement to recommend the modification or adaptation of techniques and methods that impact upon other areas of the organisation.

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Page 89 of 132 (c) Supervision:

i. Employees have a role in the testing and implementation of business plans & new operation targets, but there are others who are predominantly accountable for achieving the outcomes.

ii. Specialist Employees provide authoritative advice to peers and more senior Employees in the department.

iii. Employees are predominantly responsible for the work undertaken.

(d) Communication Skills:

i. Employees at this level require persuasive ability to gain the commitment of peers and subordinates in the identification of action plans and managing progress where there are competing activities.

3.21.7. BAND 6

(a) Knowledge and experience:

i. Employees require specialised knowledge resulting from years of experience.

ii. Appropriate tertiary qualifications are typically required at this level.

iii. The knowledge required spans several disciplines and there is a requirement for integration of a range of associated operations as part of a major program delivery.

(b) Skills and abilities:

i. Standard systems, methods and procedures are determined by positions at this level, for adherence across an organisation against market benchmarks. This requires extensive analytical skills in interpreting service needs, general guidelines, local conditions and the achievability of the desired results.

ii. These Employees typically follow precedent and procedure but there is latitude in the emphasis given across a range of projects or services.

i. Employees have a role in the testing and implementation of business plans & new operation targets.

ii. Technical/professional Employees are regarded by professional peers as expert in the disciplines covering a complete function where the advice rendered would only be challenged by other experts.

iii. The Employee is responsible for managing day to day activities of a small team within the department.

(d) Communication Skills:

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Page 90 of 132 i. At this level there is a requirement for persuading others to adopt a particular course of action where there are competing objectives and priorities plus a variety of outcomes.

3.21.8. BAND 7

(a) Knowledge and experience:

i. Employees at this level are responsible for the management of a support team within the organisation.

ii. Appropriate tertiary qualifications are typically required at this level.

iii. Employees require a specialised knowledge resulting from several years of experience in administration and management as well as in their field of expertise.

(b) Skills and abilities:

i. Employees at this level establish operating policy and standards to be applied across the organisation.

ii. A good understanding of the service provided is required for the Employee to identify innovative solutions to complex matters affecting the service of the entire organisation.

i. Employees have a role in the development of business plans, and new operation targets, but there are others who are predominantly responsible for the determination of these aspects.

ii. Employees at this level would be involved with planning, organising, directing and controlling of subordinate Employees.

iii. Employees require leadership to gain full integration of the support activities of the department affecting the organisation.

(d) Communication Skills:

i. At this level there is a requirement for persuading others to adopt a particular course of action where there are competing objectives and priorities plus a variety of outcomes.

3.21.9. BAND 8

(a) Knowledge and experience:

i. Employees at this level manage a range of service support activities or the management of a support department within the organisation.

ii. Appropriate tertiary qualifications are typically required at this level.

iii. Employees require a specialised knowledge resulting from several years of experience in administration and management as well as in their field of expertise.

(b) Skills and abilities:

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Page 91 of 132 i. Employees at this level establish operating policy and standards to be applied across the organisation.

ii. A good understanding of the service provided by the department is required to enable this position to provide a framework to create new services and establish new service standards for the organisation.

i. Direction of work is defined within agreed budgets but recommendations for methods used and detail required to achieve these outcomes is expected.

ii. Employees at this level are required to provide judgement, conduct ongoing review and report to senior management on the effectiveness of these outcomes.

iii. Employees at this level would be involved with planning, organising, directing and controlling of subordinate Employees who in turn have specific technical responsibilities.

iv. Employees require leadership to gain full integration of the support activities of the department that affect the organisation.

(d) Communication Skills:

i. Negotiation with external groups on contracts and other issues that impact the effective running of the department and hence affect the organisation, would be a regular requirement of this position.

3.21.10. Wages are outlined within Appendix A of this Part.

3.21.11. Reclassification

(a) When a position is reclassified and as a result moves to a higher Band, it will be deemed vacant and will be advertised internally and/or externally.

(b) When a position is reclassified and as a result moves to a higher Level within the same Band, it will be deemed vacant and may be advertised internally and/or externally.

3.22. Health Professional Classifications

3.22.1. Health Professional Grade 1

(a) A Health Professional at this grade is regarded as an entry level health professional and for initial years of experience.

(b) This grade 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.

3.22.2. Health Professional Grade 2

(a) A Health Professional at this grade holds a relevant degree qualification, works independently and is required to exercise independent judgment on routine matters. They may require

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Page 92 of 132 professional supervision from more senior members of the profession or health team when performing novel, complex, or critical tasks.

3.22.3. Health Professional Grade 3

(a) A health professional at this grade is one who is appointed as such. The Employee 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.

(b) An employee at this level:

i. works in an area that requires high levels of specialist knowledge and skill as recognised by the Employer;

ii. 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;

iii. 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;

iv. is performing across a number of recognised specialties within a discipline;

v. 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;

vi. 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

vii. is responsible for providing support for the efficient, cost effective and timely delivery of services.

3.22.4. Health Professional Grade 4

(a) A Health Professional at this grade applies a high level of professional judgment and knowledge when performing a wide range of novel, complex, and critical tasks, specific to their discipline.

(b) An Employee at this level:

i. has a proven record of achievement at a senior level; and

ii. has the capacity to allocate resources, set priorities and ensure budgets are met within a large and complex organisation; and

iii. may be responsible to the executive for providing effective services and ensuring budget/strategic targets are met; and

iv. supervises staff where required; and

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Page 93 of 132 v. is expected to develop/implement and deliver strategic business plans which increase the level of care to customers within a budget framework.

3.22.5. Reclassification

(a) When a position is reclassified and as a result moves to a higher Grade, it will be deemed vacant and will be advertised internally and/or externally.

3.23. Research Classifications

3.23.1. LEVEL 1

3.23.2. Skills Base: Training Level or Qualifications

(a) Research Assistants shall typically perform duties at a skill level which assumes and requires knowledge or training equivalent to:

i. Completion of a degree in a field related to the research project without subsequent relevant work experience; or

ii. Completion of an Associate Diploma and at least two (2) years' subsequent relevant work experience; or

iii. Completion of a post-trades certificate or advanced certificate and extensive relevant experience as a technician; or

iv. An equivalent combination of relevant experience and/or education/training.

3.23.3. Specific Duties

(a) Develop new equipment to criteria developed and specified by others:

i. Under routine direction, assist in the conduct of major experiments and research programs and/or in setting up and using equipment for a range of experiments and demonstrations.

ii. Plan and set up spreadsheets or database applications.

iii. Maintain records

iv. Provide information to postgraduate research students

v. Carry out or participate in surveys, investigations, analyses, tests, observations or field trials

vi. Undertake library or archival searches or related activities

vii. Undertake case studies and collate relevant information

viii. Assist with data analysis.

3.23.4. Organisational Knowledge, Judgment, Independence and Problem Solving.

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Page 94 of 132 (a) Perform research tasks/assignments which require proficiency in the work area and knowledge of how they interact with other related functions.

(b) In technical positions, apply theoretical knowledge and techniques to a range of research procedures and tasks.

3.23.5. Supervision Level

(a) A Research Assistant functioning in a technical position may receive routine supervision to general direction depending on experience and complexity of the tasks.

(b) In other positions, general direction.

(d) May undertake stand-alone work.

3.23.6. LEVEL 2

3.23.7. Skills Base: Training Level or Qualifications

(a) Research Officers shall typically perform duties at a skill level which assumes and requires knowledge or training equivalent to:

i. Completion of an honours degree in a field related to the research project without subsequent relevant work experience; or

ii. Completion of a degree in a field related to the research project with some subsequent relevant work experience; or

iii. Completion of an Associate Diploma and at least two (2) years' subsequent relevant work experience; or

iv. Completion of a post-trades certificate or advanced certificate and extensive relevant experience as a technician; or

v. An equivalent combination of relevant experience and/or education/training.

3.23.8. Specific Duties

(a) Develop new equipment to general specifications:

i. Under general direction, set up and use complex equipment for a range of experiments and demonstrations.

ii. Process and collate the data derived from experiments into the required format.

iii. Undertake case studies by observing and interviewing cases studied and then recording observations and interviews in the categories determined by the senior researcher.

iv. Conduct library or archival searches for materials relevant to the research and prepared bibliographies for use by the senior researchers.

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Page 95 of 132 v. Arrange and organise testing situations, whether for individuals or groups, and administer questionnaires.

vi. Draft responses of observations, interviews and experiments for the final research report.

vii. Straightforward data analysis using standard information technology software. • Work as part of a research team in a support role.

3.23.9. Organisational Knowledge, Judgment, Independence and Problem Solving

(a) Perform research tasks/assignments which require proficiency in the work area and knowledge of how they interact with other related functions

(b) Solve problems through the standard application of theoretical principles and techniques at degree level. In technical positions, apply standard technical training and experience to solve problems.

3.23.10. Supervision Level

(a) In professional positions, routine supervision to general direction, depending on tasks involved and experience.

(b) In technical positions, general direction and may supervise other staff.

3.23.11. LEVEL 3

3.23.12. Skills Base: Training Level or Qualifications

(a) A Research Fellow will normally hold a relevant higher degree in the relevant discipline and/or have equivalent qualifications and/or professional experience.

(b) In determining experience relative to qualifications, regard is had to experience in research, experience outside tertiary education, creative achievement, professional contributions and/or contributions to technical achievement.

3.23.13. Specific Duties

(a) In addition, specific duties required of a research fellow may include:

i. Involvement in professional activities including, subject to availability of funds, attendance at conferences and seminars.

ii. Development of a limited amount of research related material for teaching purposes.

iii. Experimental design and operation of advanced laboratory and technical equipment or conduct of advanced research procedures.

iv. Advice within the field to postgraduate students.

v. Attendance at meetings and membership of relevant committees.

3.23.14. Supervision Level

(a) At this level there is a requirement for persuading others to adopt a particular course of action where there are competing objectives and priorities plus a variety of outcomes. Royal District Nursing Service Ltd Victorian Operations Enterprise Agreement 2016

Page 96 of 132 3.23.15. LEVEL 4

3.23.16. Skills Base: Training Level or Qualifications

(a) A Senior Research Fellow will normally have advanced qualifications and/or recognised significant experience in the relevant discipline area. A position at this level will normally require a doctoral qualification or equivalent accreditation or standing. In determining experience relative to qualifications regard shall be had to experience in research, experience outside tertiary education, creative achievement, professional contributions and/or technical achievement. In addition a position at this level will normally require a record of demonstrable scholarly and professional achievement in the relevant discipline area.

3.23.17. Specific Duties

(a) In addition, specific duties required of a senior research fellow may include:

i. Involvement in the promotion of research links with outside bodies.

ii. Responsibility for the oversight of financial management of grants.

iii. Supervision of major honours or postgraduate research projects.

iv. Preparation of research proposal submissions to external funding bodies.

v. Involvement in professional activities including, subject to availability of funds, attendance at conferences and seminars.

vi. Administrative functions connected with the research.

vii. Occasional contributions to the teaching program within the field of the staff member’s research.

viii. Attendance at meetings and a major role in planning and committee work.

3.23.18. Supervision Level

(a) At this level there is a requirement for persuading others to adopt a particular course of action where there are competing objectives and priorities plus a variety of outcomes.

3.23.19. LEVEL 5

3.23.20. Skills Base: Training Level or Qualifications

(a) A Principal Research Fellow will normally have advanced qualifications and/or recognised significant experience in the relevant discipline area. A position at this level will normally require a doctoral qualification or equivalent accreditation or standing. In determining experience relative to qualifications regard shall be had to experience and success in research, experience outside tertiary education, creative achievement, professional contributions and/or to technical achievement. In addition a position at this level will normally require a record of demonstrable scholarly and professional achievement in the relevant discipline area, including significant external funding.

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Page 97 of 132 (b) There is also a requirement for academic excellence which may be evidenced by an outstanding contribution to research and/or the profession, and which may include knowledge transfer activities appropriate to the relevant discipline.

3.23.21. Specific Duties

(a) In addition, specific duties required of a Principal Research Fellow may include:

i. A major role in all aspects of research including project leadership and management.

ii. Responsibility for the oversight of financial management of grants.

iii. Supervision of major honours or postgraduate research projects.

iv. Promotion of research proposal submissions to external funding bodies.

v. Involvement in professional activities including, subject to availability of funds, attendance at conferences and seminars.

vi. Occasional contributions to the teaching program within the field of the staff member’s research.

vii. Attendance at meetings and a major role in planning and committee work.

3.23.22. Supervision Level

(a) Negotiation with external groups on contracts and other issues that impact the effective running of the department and hence affect the organisation, would be a regular requirement of this position.

3.23.23. Reclassification

(a) When a position is reclassified and as a result moves to a higher Level, it will be deemed vacant and will be advertised internally and/or externally.

3.24. Health Information Manager Classification

3.24.1. Health Information Manager Grade 1

(a) An Employee employed as such whose qualification makes the Employee eligible to be a full member of the Health Information Management Association of Australia Limited.

C) WAGE AND ALLOWANCE MATTERS

3.25. Rates of Pay

(a) The weekly rates of pay are as per Appendix A of this Part, Wages and Allowances.

(b) The increases in rates of pay are effective as of the first pay period on or after the date nominated in Appendix A of this Part.

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Page 98 of 132 3.25.2. Payment of Wages

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

(b) The pay day and time of payment shall not be varied, except after consultation with Employee/s concerned.

(c) When a public holiday falls on a normal payday wages shall be paid no later than the next business day following the usual payday.

(d) Employees will be paid by electronic funds transfer, into the bank or financial institution account nominated by the Employee.

(e) Where an Employee has given notice of termination of employment or an Employee’s services have been terminated by the Employer, payment of all wages and other monies owing to an Employee will be made to the Employee as soon as possible but no later than the next usual payday.

3.26. Travelling, transport and fares

(a) An Employee required and authorised to use their own motor vehicle in the course of their duties will be paid a mileage allowance in accordance with Appendix A of this Part.

(b) Where an Employee travels on duty, all reasonably agreed incurred expenses (such as road toll, e-tags and parking fees) will be reimbursed by RDNS on production of receipted account (or other evidence acceptable to RDNS).

3.27. Higher duties

(a) An Employee, who is required to relieve another Employee in a higher classification than the one in which they are ordinarily employed, will be paid at the higher classification rate provided the relieving is for five (5) consecutive days, or more.

3.28. Clothing and equipment

(a) Employees required by the Employer to wear uniforms will be supplied with an adequate number of uniforms appropriate to the occupation free of cost to Employees. Such items are to remain the property of the Employer and be laundered and maintained by such Employer free of cost to the Employee.

(b) Where such Employee’s uniforms are not laundered by or at the expense of the Employer, the Employee will be paid a laundry allowance prescribed in Appendix A of this Part.

(c) The laundry allowance, will not be paid during all absences on paid leave, except absences on long service leave and absence on personal/carer’s leave beyond (twenty one) 21 days. Where, prior to the taking of leave, an Employee was paid a uniform allowance other than at the weekly rate, the rate to be paid during absence on leave will be the average of the allowance paid during the four weeks immediately preceding the taking of leave.

3.29. Equipment to Support Excellent Service Provision

(a) RDNS property may be provided to Employees to support service as required by RDNS.

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Page 99 of 132 (b) Employees are expected to ensure that such property is cared for and maintained in good order.

(c) Where substantial damage is identified, its cause will be investigated and if found to be due to wilful acts or omissions by the Employee the recovery cost for replacement and associated costs for such damage by the Employee will be sought by RDNS directly or by legal means.

(d) Upon termination of employment with RDNS, the Employee must immediately return to RDNS, all property of RDNS that is in their possession, custody or control.

3.30. Meal Allowances

(a) A meal allowance as prescribed in Appendix A of this Part will be paid, in addition to any overtime payment as follows:

i. when required to work after the usual finishing hour of work beyond one (1) hour or, in the case of shiftworkers, when the overtime work on any shift exceeds one (1) hour.

ii. provided that where such overtime work exceeds four (4) hours a further meal allowance as prescribed in Appendix A of this Part.

3.31. Shift Allowances

3.31.1. The following hours of work will attract a shift allowance in accordance with Appendix A of this Part.

(a) Afternoon Shift/ Early Morning

i. Rostered hours of ordinary duty that finish between 6pm and 12 midnight or commence between 5am and 6.30am.

(b) Night Shift

i. Rostered hours of ordinary duty finishing on the day after commencing duty, or commencing after midnight and before 5am.

i. For any period of night duty worked in excess of four (4) consecutive weeks.

3.32. Allowances and Experience Increments – Health Professionals

3.32.1. Advancement through experience increments

(a) Advancement by a health professional employee through the experience increments within health professional grades in the classification structure in Appendix A of this Part will occur upon the completion by the employee of each twelve (12) month period calculated by the employee’s commencement in a grade within the Health Professional classification, irrespective of whether a twelve (12) month period, (or any part) was served as a full-time or part-time employee.

3.32.2. Higher Qualification Allowance

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Page 100 of 132 (a) A health professional employee who holds an additional post graduate qualification which is of direct relevance to their current position or functional work area, shall be paid an allowance in accordance with Appendix A of this Part.

(b) A health professional employee who holds a doctorate which is of direct relevance to their current positions of functional work area, shall be paid an allowance in accordance with Appendix A of this Part.

(c) A health professional employee who receives an allowance under part (a) of this clause cannot receive an allowance under part (b) of this clause.

3.32.3. Entry Level – New Health Professional Graduates

(a) An employee who holds

i. a four year undergraduate qualification; or

ii. a three year undergraduate qualification and, either, holds an Honours degree, or is to do a twelve (12) month internship,

(b) shall be classified as, or deemed to have been classified as, and paid at the rate of Grade 1 3rd Year of experience after qualification.

3.33. Preceptor Allowance – Customer Service Operator

(a) A Customer Service Officer (CSO) paid at Level 1.2 who contributes to the education of new and/or trainee CSOs by acting as a preceptor, will be provided an allowance as specified in Appendix A to this part for all hours spent preceptoring new employees or trainees.

D) Leave Arrangements

3.34. Parental Leave

(a) For the purposes of this Agreement, “parental leave” means paid and unpaid maternity, paternity/partner, and adoption leave.

(b) Casual staff are not entitled to paid parental leave.

(e) For the purposes of this clause, “continuous service” is work for the Employer on a regular and systematic basis, which includes a period of authorised leave or absence.

(f) The Employer must not fail to re-engage a casual Employee because:

i. The Employee or Employee’s spouse/partner is pregnant; or

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Page 101 of 132 ii. The Employee is, or has been, immediately absent on parental leave.

iii. The rights of the Employer in relation to engagement and re-engagement of casual Employees are not affected, other than in accordance with this sub-clause 3.34(f).

3.34.2. Definitions

(a) For the purposes of this Agreement, “parental leave” means paid and unpaid maternity, paternity/partner, and adoption leave.

(b) For the purpose of this clause, “child” means a child of the Employee under school age or a child under school age who is placed with the Employee for the purposes of adoption, other than a child or step-child of the Employee or of the spouse of the Employee or a child who has previously lived continuously with the Employee for a period of six (6) months or more.

(c) For the purposes of this clause, “spouse” includes a de facto spouse, same sex partner, former spouse, or former de facto spouse.

3.34.3. Basic Entitlement

i. Parental leave is to be available to only one parent at a time, in a single unbroken period, except that both parents may simultaneously take:

ii. For maternity and paternity/partner leave, an unbroken period of one (1) week at the time of the birth of the child; and

(b) For adoption leave, an unbroken period of three (3) weeks at the time of placement of the child.

3.34.4. Right to Request

(a) To assist an Employee in reconciling work and parental responsibilities, an Employee entitled to parental leave may request their Employer to:

i. Extend the period of simultaneous parental leave provided for in clause 3.34(b) or 3.34(c) up to a maximum of eight(8) weeks;

ii. Extend the period of parental leave provided in clause 3.34(a) by a further continuous period of leave not exceeding twelve (12) months (up to 104 weeks in total);

iii. Return from a period of parental leave on a part-time basis until the child reaches school age.

iv. The Employer shall consider the request having regard to the Employee’s circumstances and, provided the request is genuinely based on the Employee’s parental responsibilities, may only refuse the request on reasonable grounds related to the effect on the workplace or the Employer’s business. Such grounds might include cost, lack of adequate replacement staff, loss of efficiency, and the impact on customer service.

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Page 102 of 132 v. The Employee’s request and the Employer’s decision made under 3.34.3(a)i and 3.34.3(a)ii must be recorded in writing.

vi. Where an Employee wishes to make a request under this clause, such a request must be made as soon as possible but no less than four(4) weeks prior to the date upon which the Employee is due to return to work from parental leave.

3.34.5. Half-pay Provision

3.34.6. Maternity Leave

(a) A female Employee, other than a casual Employee, who has, or will have, at least twelve (12) months continuous paid service shall be entitled to the equivalent of ten (10) weeks paid maternity leave, to be taken in connection with the birth of her baby either before and/or after the birth. Subject to clause 2.32.5(d), if she is the primary caregiver, she shall be entitled to a further forty two (42) weeks unpaid maternity leave, provided that the period of maternity leave does not extend beyond the child’s first birthday. Following a period of paid maternity leave, a further period of twelve (12) months service is required before the Employee is eligible for a further period of paid maternity leave.

(b) An Employee shall be required to provide the Employer with at least six (6) weeks’ notice of maternity leave, including:

i. a certificate from a registered medical practitioner or a registered midwife stating that she is pregnant and the expected date of confinement;

ii. written notification of the dates on which she proposes to start and finish the period of maternity leave; and

(c) An Employee shall not be in breach of sub-clause 2.32.5(b) of this Agreement if failure to provide six (6) weeks’ notice is occasioned by confinement occurring earlier than the anticipated date.

(d) Where an Employee continues to work within the six (6) week period immediately prior to the expected date of birth of the child, the Employer may require the Employee to provide a medical certificate stating that she is fit to return to normal duties.

3.34.7. Special Maternity Leave

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Page 103 of 132 (a) Where the pregnancy of an Employee terminates within twenty (20) weeks of the expected date of birth and the Employee has not commenced maternity leave, the Employee may take unpaid special maternity leave for a period determined by a registered medical practitioner as necessary. In circumstances where an Employee is suffering from an illness that is not directly related to the confinement, the Employee may be entitled to paid sick leave in lieu of, or in addition to, special maternity leave.

(b) Where an Employee not then on maternity leave suffers illness related to her pregnancy, she may take any paid sick leave to which she is then entitled and such further unpaid special maternity leave as a registered medical practitioner or midwife certifies as necessary before her return to work. The aggregate of paid sick leave, special maternity leave and parental leave, including parental leave taken by a spouse, may not exceed fifty two (52) weeks.

(c) Where leave is granted under 3.34.6(a), during the period of leave an Employee may return to work at any time, as agreed between the Employer and the Employee provided that time does not exceed four (4) weeks from the recommencement date desired by the Employee.

3.34.8. Paternity/Partner Leave

(a) An Employee, other than a casual Employee, who has, or will have, at least twelve (12) months continuous paid service shall be entitled to the equivalent of one (1) weeks paid paternity/partner leave, to be taken in connection with the birth of a child for whom they have accepted responsibility, either before and/or after the birth. Subject to clause 3.34.7(b) and 3.34.7(c), if they are the primary caregiver, they shall be entitled to a further fifty one (51) weeks unpaid paternity/partner leave, provided that the period of paternity/partner leave does not extend beyond the child’s first birthday. Following a period of paid paternity leave, a further period of twelve (12) months service is required before the Employee is eligible for a further period of paid paternity leave.

(b) An Employee shall be required to provide the Employer with at least six (6)weeks’ notice of paternity/partner leave, including:

ii. Written notification of the dates on which they propose to start and finish the period of paternity/partner leave; and

(c) An Employee shall not be in breach of sub-clause 3.34.8(b) if failure to provide six (6) weeks’ notice is occasioned by the birth occurring earlier than expected or any other compelling circumstances. The Employee shall immediately notify the Employer of any change to the information provided pursuant to sub-clause 3.34.8(b) of this Agreement.

3.34.9. Adoption Leave

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Page 104 of 132 (a) If an Employee, other than a casual Employee, is adopting a child and has, or will have, at least twelve (12) months continuous paid service, they will be entitled to short adoption leave as follows:

i. ten (10) weeks paid adoption leave in connection with the adoption of the child, if they are the primary caregiver; or

ii. one (1) weeks paid adoption leave if they are the secondary caregiver and a further two (2) weeks unpaid leave.

(b) Adoption leave may be taken either before and/or after the adoption.

(c) Subject to clause 3.34.8(a) and 3.34.8(e), if the Employee is the primary caregiver, they will be entitled to a further forty two (42) weeks ("long adoption leave”) provided that the period of adoption leave does not extend beyond one (1) year after the placement of the child. Following a period of paid adoption leave, a further period of twelve (12) months service is required before the Employee is eligible for a further period of adoption paid leave.

(d) An Employee shall be required to provide the Employer with the following notice of their intention to apply for adoption leave as follows:

i. Adoption Placement Approval: as soon as is reasonably practicable after receiving a placement approval notice from an adoption agency or other appropriate body; and

ii. Adoption Placement Notice:

a. where a placement notice is received within the period eight (8) weeks after receiving the "placement approval notice" before the end of that eight (8) week period; or

b. where a placement notice is received after the end of the period of eight (8) weeks after receiving the "placement approval notice" - as soon as reasonably practicable after receiving the placement notice.

i. A statement from an adoption agency, or another appropriate body, of the expected date of placement of the child; or

ii. A statement from the appropriate Government authority confirming that the Employee is to have custody of the child, pending application for an adoption order; and

iii. Written notification of the dates on which they propose to start and finish the period of adoption leave; and

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Page 105 of 132 (f) An Employee shall not be in breach of sub-clause 3.34.8(e) of this Agreement where the Employee fails to meet the required notice and application timeframes, occasioned by a requirement of an adoption agency to accept earlier or later placement of a child, or other compelling circumstances.

3.34.10. Variation of Period of Parental Leave

3.34.11. Parental Leave and Other Entitlements

(a) An Employee may in lieu of, or in conjunction with, a period of parental leave access other accrued leave entitlements, including annual leave and long service leave, subject to the total amount of leave taken not exceeding fifty two (52) weeks or longer period as agreed under clause 3.34.10 .

(b) An Employee will notify the Employer of their intention to return to work after a period of parental leave at least six (6) weeks prior to the expiration of that leave.

3.34.12. Transfer to a safe job

(b) If the transfer to a safe job is not practicable, the Employee may elect, or the Employer may require the Employee to commence parental leave for such period as is certified necessary by a

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Page 106 of 132 registered medical practitioner or registered midwife. Such leave shall be treated as maternity leave.

3.34.13. Replacement Employees

(a) A replacement Employee is an Employee specifically engaged or temporarily promoted or transferred as a result of an Employee proceeding on parental leave.

(b) A replacement Employee shall be advised of the temporary nature of the position.

3.34.14. Communication during Parental Leave

(a) Where an Employee is on parental leave and a definite decision has been made to introduce significant change at the workplace, the Employer shall take reasonable steps to:

i. Make information available in relation to any significant effect the change will have on the status or responsibility level of the position the Employee held before commencing parental leave; and

(c) The Employee shall also notify the Employer of changes of address or other contact details which might affect the Employer’s capacity to comply with 1.1.1(a)

3.34.15. Pre-Natal Leave

(a) Where an Employee is required to attend pre-natal appointments or where parenting classes are only available or can only be attended during the Employee’s ordinary hours of work, then the Employee shall access their personal leave for such purpose on production of satisfactory evidence to this effect.

(b) For the purposes of this clause, “parenting classes” are defined as classes conducted by a recognised health service to inform and assist expectant parents.

3.34.16. Lactation Facilities

(a) RDNS will provide private and comfortable areas at each facility for Employees who are breastfeeding to enable them to express or feed their infants whilst at work.

3.35. Compassionate Leave

3.35.1. For the purposes of this clause, compassionate leave is paid leave taken by an Employee:

(a) for the purposes of spending time with a person:

i. who is a member of the Employee’s immediate family or a member of the Employee’s household; and

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Page 107 of 132 ii. who has a personal illness, or injury, that poses a serious threat to their; or

(b) After the death of a member of the Employee’s immediate family or a member of the Employee’s household

(c) Subject to this clause is entitled to a period of two (2) days of compassionate leave for each occasion (a permissible occasion) when a member of the Employee’s immediate family or a member of the Employee’s household:

i. who contracts or develops a personal illness that poses a serious threat to their life: or

ii. who sustains a personal injury that poses a serious threat to their life: or

iii. Dies.

(d) An Employee is entitled to compassionate leave only if the Employee gives their Employer any evidence that the Employer reasonably requires of the illness, injury, or death.

(e) If the permissible occasion (in accordance 1.1.1(d) ) persists the Employee may take compassionate leave for that occasion while the injury or illness persists.

3.36. Community Service Leave and Jury Leave

(a) The Employer will facilitate an Employee who is a member of a voluntary emergency relief organisation such as the Country Fire Authority, Red Cross, St John Ambulance or the State Emergency Service to be released from normal duty for a period of unpaid leave or use of accrued annual leave, to assist in regard to a critical incident where a local emergency situation arises that requires the attendance of the Employee. An Employee so released to perform volunteer emergency duty will not be required to re-attend for work within ten (10) hours of completion of the volunteer duty even where rostered to do so and without loss of pay. The Employer may request confirmation in writing from the relevant emergency authority that the Employee was engaged in emergency work.

(b) An employee other than a casual employee, required to attend for jury service during their ordinary working hours shall be reimbursed by RDNS an amount in accordance with the relevant legislation.

(c) An Employee shall notify their Employer as soon as possible of the date upon which they are required to attend for jury service. Further the Employee shall give RDNS proof of their attendance at the court, the duration of such attendance and the amount received in respect of such jury service.

3.37. Personal leave

(a) The provisions of this clause apply to full-time and part-time Employees (on a pro rata basis) but do not apply to casual Employees.

3.37.2. Definitions

(a) The term immediate family includes:

Page 108 of 132 ii. a child or an adult child (including an adopted child, a step child or an ex-nuptial child), parent, grandparent, grandchild or sibling of the Employee or a spouse or de facto partner of the Employee.

3.37.3. Paid personal leave is available to an Employee, when they are absent:

(a) due to personal illness or injury; or

3.37.4. The amount of personal leave to which a full-time Employee is entitled to and accrues as follows:

(a) Amount of paid personal leave.

i. Up to 7 hours and 36 minutes (twelve (12) days) for each year of service in the first and second years of service;

ii. up to 98 hours and 48 minutes (thirteen (13) days) in the third and fourth years of service;

iii. up to 144 hours and 24 minutes (nineteen (19) days) in the fifth and following years of service.

(b) Part time Employees are entitled to pro rata leave on the basis of the time worked.

i. An Employee’s entitlement to paid personal/carer’s leave accrues progressively during a year of service, according to the Employee’s ordinary hours of work and accumulates progressively from year to year, pro rata for part time Employees.

ii. Where the one (1) day absences as provided in sub-clause 1.1.1(e) are not taken for a period of five (5) years, an additional thirty eight (38) hours personal leave shall be added to the employee’s accrued entitlement on application by the employee.

(d) Recognition of Service for Determining Accrual Rate of Personal Leave

i. Where an employee is and has been in the service of an Institution:

a. Registered and subsidised under the Hospitals and Charities Act 1958, the Health Services Act 1988,

b. or of the Cancer Institute Board,

c. or of the Victorian Bush Nursing Association (Incorporated),

d. or a Bush Nursing institution, Royal District Nursing Service Ltd Victorian Operations Enterprise Agreement 2016

Page 109 of 132 e. or a Statutory Authority including the NMBA,

ii. transfers their employment to RDNS, service will be recognised for the purposes of determining the accrual rate at commencement of such employee in their new employment with RDNS.

(e) RDNS may require an employee to produce a written statement from their previous employing Institution specifying the years of service of such employee at the time of leaving that previous employment.

(f) Provided that in respect of any period of absence which is less than an employee’s “allowable period of absence” (as defined at 3.37.2 iii) between an engagement with one institution and RDNS, continuity of service shall be deemed to be unbroken. Any period in excess of the allowable period of absence shall operate so as to exclude the employee from any benefit under this subclause.

(g) Provided further that where any employee for the sole purpose of undertaking a course of study related to their profession is with the written approval of RDNS absent without pay for up to but not exceeding 104 weeks, such absence shall not be deemed to have broken continuity of service.

3.37.5. Personal leave for personal injury or illness

3.37.6. Personal leave—documentary evidence

(a) To be entitled to personal leave during the period, the Employee must, in accordance with this section, give the Employer a document (the required document)

i. if it is reasonably practicable to do so—a medical certificate from a registered medical practitioner; or certificate from dentist, physiotherapist (not employed by RDNS), psychologist, podiatrist, optometrist, osteopath, chiropractor or nurse practitioner (not employed by RDNS); or

(b) The required document must be given to the Employer as soon as reasonably practicable (which may be at a time before or after the personal leave has started).

i. a certificate—in the registered health professional’s (as above) opinion, the Employee was, is, or will be unfit for work during the period because of a personal illness or injury. Or

ii. if the required document is a statutory declaration—the employee was, is, or will be unfit for work during the period because of a personal illness or injury.

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Page 110 of 132 (d) This section does not apply to an employee who could not comply with it because of circumstances genuinely beyond the employee’s control.

(e) Provided that any Employee may be absent through sickness for one (1) day without furnishing evidence of such sickness as provided in sub-clause 1.1.1(a),on not more than four (4) occasions in any one (1) year of service. All multi-day and any further single day absences must be evidenced.

i. an Employee is rostered to work on non-consecutive days, or

ii. where an Employee’s set work pattern is such that each day of attendance either precedes or follows a Rostered Day Off or Public Holiday, or

iii. Where the day of absence either precedes or follows a Public Holiday that is worked.

(g) Where RDNS determines a pattern of personal leave is occurring, they will meet with the Employee and discuss the matter, which may result in the Employee being directed to evidence all further absences with a medical certificate.

(h) The Employer shall provide and inform Employees of a procedure for notification by Employees of their inability to attend work due to illness or injury. All such notifications shall be registered, detailing the time of notification and the name of the Employee.

(i) An Employee may use Personal Leave to attend an appointment with a medical practitioner where it is not reasonable to otherwise attend the appointment in their own time.

(j) The Employer recognises such lack of discretion for appointment times is commonly experienced when the medical practitioner is a Specialist.

3.37.7. Personal leave to provide care or support (including for elder care transition) for an immediate family or household member

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Page 111 of 132 (c) The Employee must, if required by the Employer, establish their entitlement to personal leave by production of a medical certificate from a registered medical practitioner, or other evidence in accordance with this Agreement or as approved by the Employer.

(d) the Employee must, where practicable, give RDNS:

i. notice prior to the absence of the intention to take leave,

ii. the name of the person requiring care or support and their relationship to the Employee, the reasons for taking such leave and the estimated length of absence.

(e) If it is not practicable for the Employee to give prior notice of absence, the Employee must notify the Employer of such absence at the first opportunity on the day of absence.

3.37.8. Casual Employment - Caring responsibilities:

(a) Subject to the evidentiary and notice requirements in this clause, casual Employees are entitled to not be available to attend work, or to leave work:

i. if they need to care or support for members of their immediate family or household who require care or support because of personal illness, injury, an unexpected emergency, or the birth of a child.

(b) An Employer must not fail to re-engage a casual Employee because the Employee accessed the entitlements provided for in this clause. The rights of an Employer to engage or not to engage a casual Employee are otherwise not affected.

3.37.9. Termination of Employment while on Paid Personal Leave

(a) No Employer shall terminate the services of an Employee during the currency of any period of paid personal leave, with the object of avoiding obligations under this subclause.

3.37.10. Entitlement to unpaid Carer’s Leave for Employees (inclusive of casual Employees)

(a) An Employee is entitled to two (2) days of unpaid carer’s leave for each occasion (a permissible occasion) when a member of the Employee’s immediate family, or a member of the Employee’s household, requires care or support because of:

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

3.37.11. Taking unpaid carer’s leave

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

(e) An Employee may take unpaid carer’s leave for a particular permissible occasion as:

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

ii. any separate periods to which the Employee and their Employer agree.

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Page 112 of 132 iii. An Employee cannot take unpaid carer’s leave during a particular period if the Employee could instead take paid personal/carer’s leave.

a. Note: The notice and evidence requirements are in accordance with clause 3.37.4 of this agreement.

3.38. Annual Leave

(a) For each year of service with the employer, an Employee is entitled to:

i. four (4) weeks of paid annual leave; or

ii. five (5) weeks of paid annual leave, if they are a shiftworker.

(b) For the purpose of the additional weeks’ annual leave provided in this clause, a shiftworker is defined as an Employee who:

i. Works for four (4) hours or more on ten (10) or more weekends.

(d) All Employees must make application for leave at least fourteen (14) days in advance unless otherwise mutually agreed. Employees may apply to take leave in any duration of not less than a half a day.

(e) Employees shall receive their ordinary pay during all periods of annual leave plus the greater of, leave loading or shift penalties, in accordance with the Agreement. An Employee may elect to be paid in advance for the period of leave in special circumstances. The normal process will be for staff to continue to be paid on the usual fortnightly pay date.

(g) Where the Employee’s employment terminates, leave loading will paid on any accrued but untaken annual leave paid out to the Employee, if that leave would have been eligible for leave loading.

3.38.1. Cash out of Annual leave (a) Where an Employee has accrued annual leave, in excess of one (1) years accrual, then by written application by the Employee and written agreement by RDNS, the Employer may pay up to four (4) weeks including the applicable leave loading of their nominal annual salary to the Employee. Application is to be made to the General Manager – Human Resources who will consider the reason for the request for approval or otherwise.

(b) An Employee may make a subsequent application for a further payment if leave of an equivalent quantum has been taken or has been approved to be taken within (six) 6 months of the subsequent application.

(c) Any cash out of Annual Leave must result in the Employee having a remaining entitlement of no less than four (4) weeks for the purpose of taking leave.

(d) Where an Employee elects to reduce their contracted hours, RDNS will cash out any annual leave hours plus applicable leave loadings that are in excess of the accumulated weeks in the new contracted hours. Such arrangements shall be by separate written agreement between RDNS and the Employee.

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Page 113 of 132 (e) The amount of leave to be cashed out will leave the Employee with the same number of weeks of annual leave at the new contracted hours after the cash out.

(f) Payout will be at the rate including any variations that would have applied as if the annual leave was taken.

3.38.2. Purchased Leave

(c) Purchased Leave may be taken in conjunction with other types of leave. Purchased leave may not be used to break a period of Long Service Leave.

(h) Where the Employee’s employment terminates, deductions made for the Purchased Leave not yet taken will be repaid.

3.39. Career Break Scheme

(a) Notwithstanding any other provision of this Agreement, a full time or part time (employed for a minimum of three (3) shifts or twenty four (24) hours per week) Employee may apply to work less than fifty two (52) weeks per year.

(b) Applications must be made in writing indicating the amount and time of the period of leave proposed.

(c) Approval will be subject to the Employer being able to provide cover for the period not worked, or make other satisfactory arrangements.

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Page 114 of 132 (d) The Employee will receive the salary for the period worked, which will be paid over a fifty two (52) week period.

(e) Accrual of personal leave, annual leave and long service leave shall accrue on a pro rata basis.

3.40. Long Service Leave

3.40.1. Employees are entitled to Long Service Leave in accordance with the provisions of Appendix B of this Part, except where varied as follows:

(a) RDNS may approve an application by an Employee to take double pay/half time or double time/half pay by mutual agreement. A statement of earnings estimate, including tax payable, will be provided to Employees prior to the Employer accepting the Employee's application

(b) Where an Employee becomes sick whilst on long service leave for a period of five (5) days or more on which they would otherwise have worked, and forwards to RDNS a certificate from a legally qualified medical practitioner, then the five (5) days or more specified in the certificate shall be deducted from any sick leave entitlement standing to the Employee's credit, and shall be re-credited to their long service leave.

3.41. Professional Development Leave

(a) All full time Health Professional Employees are entitled to four (4) days’ paid professional development leave per year. ‘Days’ pay’ will be based upon the individual Employee’s usual shift length. Part time Employees who work two (2) shifts or more per week shall be entitled to two (2) days professional development leave.

i. One of these days may be used for RDNS Employer designated training once every two (2) years.

(b) All full time Support Staff or Research Employees are entitled to three (3) days’ paid professional development leave per year. ‘Days’ pay’ will be based upon the individual Employee’s usual shift length. Part time Employees who work two (2) shifts or more per week shall be entitled to two (2) days professional development leave.

i. One of these days may be used for RDNS Employer designated training once every two (2) years.

(c) Professional Development Leave may be taken to attend a conference or seminar, for undertaking study related to the area of their employment within RDNS, or as determined by their line manager.

(d) An Employee seeking leave in accordance with this clause will be requested to provide details of the name, venue and date/time of the conference/seminar and present an overview to colleagues following attendance.

(e) All applications should be requested in writing six (6) weeks in advance of the proposed date of the conference/seminar.

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Page 115 of 132 (f) Applications will be granted on the basis of the relevance of the course to the applicant’s area of work.

(g) The line manager will notify the Employee within seven (7) days of application whether or not leave has been approved, excluding any period of absence on leave of the Line Manager.

(h) Leave pursuant to this clause does not accumulate from year to year.

(i) The Employee and the Employer have a mutual obligation to invest in professional development activities relevant to the needs of the organisation.

(j) Staff are required to maintain an accurate record of their professional development activity by updating the Employee Self Service system in a timely manner.

(k) A periodic audit of these records will be undertaken and discrepancies investigated and corrected.

3.42. Accident Pay

See Appendix C of this Part – Accident Pay.

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Page 116 of 132 APPENDIX A – WAGES AND ALLOWANCES

1. Wages

FPPOOA FPPOOA CLASSIFICATION- CODE Current 24 September 1 July 2017 2016

CLASSIFICATION – Health Professionals Health Professional Gr 1 Yr 1 HP1 $1,029.33 $1,066.25 $1,095.58 Health Professional Gr 1 Yr 2 HP2 $1,104.83 $1,143.45 $1,174.90 Health Professional Gr 1 Yr 3 HP3 $1,169.00 $1,209.07 $1,242.32 Health Professional Gr 1 Yr 4 HP4 $1,250.80 $1,292.71 $1,328.26 Health Professional Gr 2 Yr 1 HP5 $1,314.75 $1,358.10 $1,395.44 Health Professional Gr 2 Yr 2 HP6 $1,389.59 $1,434.62 $1,474.07 Health Professional Gr 2 Yr 3 HP7 $1,460.01 $1,506.62 $1,548.06 Health Professional Gr 2 Yr 4 HP8 $1,554.28 $1,603.02 $1,647.10 Health Professional Gr 3 Yr 1 HP9 $1,618.91 $1,663.43 Health Professional Gr 3 Yr 2 HP10 $1,634.96 $1,679.92 Health Professional Gr 3 Yr 3 HP11 $1,651.18 $1,696.58 Health Professional Gr 3 Yr 4 HP12 $1,667.55 $1,713.40 Health Professional Gr 3 Yr 5 HP13 $1,684.08 $1,730.40 Health Professional Gr 4 Yr 1 HP14 $1,615.98 $1,666.10 $1,711.92 Health Professional Gr 4 Yr 2 HP15 $1,672.94 $1,724.35 $1,771.77 Health Professional Gr 4 Yr 3 HP16 $1,717.42 $1,769.83 $1,818.50 Health Professional Gr 4 Yr 4 HP17 $1,812.46 $1,867.00 $1,918.35 CLASSIFICATION – Medical Records Admin Health Info Mgr Gr 1 Yr 1 JA1 $980.96 $1,006.96 $1,034.66 Health Info Mgr Gr 1 Yr 2 JA2 $1,053.04 $1,080.67 $1,110.38 Health Info Mgr Gr 1 Yr 3 JA3 $1,114.41 $1,143.42 $1,174.86 Health Info Mgr Gr 1 Yr 4 JA4 $1,192.12 $1,222.88 $1,256.50 Health Info Mgr Gr 1 Yr 5 JA5 $1,250.84 $1,282.92 $1,318.20 Health Info Mgr Gr 1 Yr 6 JA6 $1,314.75 $1,348.26 $1,385.34 Health Info Mgr Gr 1 Yr 7 AF23 $1,351.40 $1,385.74 $1,423.85 CLASSIFICATION – Research Research Assistant 01 RA1 $996.42 $1,022.77 $1,050.90 Research Assistant 02 RA2 $1,028.96 $1,056.04 $1,085.09 Research Assistant 03 RA3 $1,091.26 $1,119.75 $1,150.54 Research Officer 01 RO1 $1,091.26 $1,119.75 $1,150.54 Research Officer 02 RO2 $1,153.65 $1,183.54 $1,216.09 Research Officer 03 RO3 $1,215.98 $1,247.27 $1,281.57 Research Officer 04 RO4 $1,278.35 $1,311.05 $1,347.10 Research Officer 05 RO5 $1,329.03 $1,362.87 $1,400.34

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Page 117 of 132 Research Officer 06 RO6 $1,379.66 $1,414.64 $1,453.54 Research Officer 07 RO7 $1,430.35 $1,466.47 $1,506.79 Research Officer 08 RO8 $1,480.97 $1,518.22 $1,559.98 Research Fellow 1 RF1 $1,559.00 $1,598.01 $1,641.96 Research Fellow 2 RF2 $1,617.43 $1,657.75 $1,703.34 Research Fellow 3 RF3 $1,675.80 $1,717.44 $1,764.67 Research Fellow 4 RF4 $1,734.32 $1,777.27 $1,826.15 Research Fellow 5 RF5 $1,792.78 $1,837.05 $1,887.57 Research Fellow 6 RF6 $1,851.26 $1,896.85 $1,949.01 Snr Research Fellow 01 RS1 $1,909.71 $1,956.61 $2,010.42 Snr Research Fellow 02 RS2 $1,968.21 $2,016.43 $2,071.88 Snr Research Fellow 03 RS3 $2,026.64 $2,076.17 $2,133.27 Snr Research Fellow 04 RS4 $2,085.17 $2,136.02 $2,194.76 Snr Research Fellow 05 RS5 $2,143.54 $2,195.70 $2,256.08 Snr Research Fellow 06 RS6 $2,202.02 $2,255.50 $2,317.52 Principal Research Fellow 01 RF1 $2,299.47 $2,355.14 $2,419.91 Principal Research Fellow 02 RF2 $2,377.40 $2,434.82 $2,501.78 Principal Research Fellow 03 RF3 $2,455.30 $2,514.48 $2,583.63 Principal Research Fellow 04 RF4 $2,533.29 $2,594.22 $2,665.56 Professor RP1 $2,962.04 $3,032.62 $3,116.02

CLASSIFICATIONS FPPOOA FPPOOA SUPPORT STAFF Current 24 September 2016 1 July 2017 BAND LEVELS

L1.1 $816.82 $839.13 $862.21 L1.2 $884.13 $907.96 $932.92 L1.3 $905.73 $930.04 $955.62 L1.4 $938.24 $963.28 $989.77

L2.1 $954.80 $980.22 $1,007.17 L2.2 $969.48 $995.23 $1,022.59 L2.3 $996.89 $1,023.25 $1,051.39 L2.4 $1,043.32 $1,070.73 $1,100.17 L2.5 $1,062.87 $1,090.72 $1,120.71

L3.1 $1,098.56 $1,127.21 $1,158.21 L3.2 $1,199.62 $1,230.54 $1,264.38 L3.3 $1,224.13 $1,255.61 $1,290.13 L3.4 $1,240.24 $1,272.08 $1,307.06 L3.5 $1,311.11 $1,344.54 $1,381.52

L4.1 $1,328.11 $1,361.93 $1,399.38

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Page 118 of 132 L4.2 $1,344.44 $1,378.62 $1,416.53 L4.3 $1,378.77 $1,413.73 $1,452.60 L4.4 $1,472.48 $1,509.54 $1,551.06 L4.5 $1,519.51 $1,557.63 $1,600.47

L5.1 $1,528.68 $1,567.01 $1,610.10 L5.2 $1,594.02 $1,633.82 $1,678.75 L5.3 $1,632.18 $1,672.84 $1,718.84

L6.1 $1,668.60 $1,710.08 $1,757.10 L6.2 $1,701.97 $1,744.20 $1,792.16 L6.3 $1,725.04 $1,767.79 $1,816.40 L6.4 $1,765.09 $1,808.74 $1,858.48

L7.1 $1,800.40 $1,844.84 $1,895.57 L7.2 $1,846.79 $1,892.28 $1,944.31 L7.3 $1,921.63 $1,968.80 $2,022.94 L7.4 $2,060.38 $2,110.67 $2,168.71

L8.1 $2,155.36 $2,207.79 $2,268.50 L8.2 $2,336.22 $2,392.72 $2,458.52

2. ALLOWANCES

FPPOOA FPPOOA Current 24 September 1 July 2017 2016 Health Professionals

Shift Allowance Morning shift $24.50 $25.05 $25.74 Afternoon shift $24.50 $25.05 $25.74 Night shift $60.16 $61.51 $63.21 Permanent night $69.21 $70.77 $72.71 On Call Allowance $53.84 $55.05 $56.57 Qualification Allowance Post grad Qualification $83.56 $85.44 $87.79 Doctorate $111.49 $114.00 $117.13 Support Staff and Research Employees

Shift Allowance Morning shift $24.17 $24.71 $25.39 Afternoon shift $24.17 $24.71 $25.39 Night shift $60.16 $61.51 $63.21 Permanent night $69.21 $70.77 $72.71

On Call Allowance $55.19 $56.43 $57.98

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Page 119 of 132 CSO Preceptor $1.02 $1.05 Allowance Vehicle Allowance (per Motor Cars (35 PMU & over) km) $1.06 $1.08 $1.11 (under 35 PMU) $0.87 $0.89 $0.91 Motor Cycles (250cc & over) $0.51 $0.52 $0.54 (under 250cc) $0.39 $0.40 $0.41 Meal Allowance (during After 1 hour of shift overtime) $11.37 $11.63 $11.95 After 4 hours of shift $9.08 $9.28 $9.54 Laundry Allowance Daily $0.41 $0.42 $0.43 Weekly $1.98 $2.02 $2.08

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Page 120 of 132 APPENDIX B - LONG SERVICE LEAVE

1. Entitlement

1.1. An Employee shall be entitled to long service leave with pay, in respect of continuous service with one and the same Employer, or service with Institutions or Statutory Bodies, in accordance with the provisions of this clause.

1.2. An Employee shall have the following entitlement to long service leave:

(a) On the completion by the Employee of fifteen years' continuous service - six month's long service leave and thereafter an additional two month's long service leave on the completion of each additional five years' service.

(b) In addition, in the case of an Employee who has completed more than fifteen years' service and whose employment is terminated otherwise than by the death of the Employee, an amount of long service leave equal to 1/30th of the period of their service since the last accrual of entitlement to long service leave under clause 1.1.

(c) In the case of an Employee who has completed at least ten years' service, but less than fifteen years' service and whose employment is terminated for any cause other than serious and willful misconduct, such amount of long service leave as equals 1/30th the period of service.

2. Service entitling to leave

2.1. Subject to this clause service shall also include all periods during which an Employee was serving in Her Majesty's Forces or was made available by the Employer for National Duty.

2.2. When calculating the aggregate of service for calculating the entitlement to leave any period of employment with any one of the said Institutions or Statutory Bodies of less than six months' duration shall be disregarded.

2.3. For the purposes of this clause service shall be deemed to be continuous notwithstanding:

(a) the taking of any annual leave or long service leave;

(b) any absence from work of not more than fourteen days in any one year on account of illness or injury or if applicable such longer period as provided in clause Personal leave;

(c) any interruption or ending of the employment by the Employer if the interruption or ending is made with the intention of avoiding obligations in respect of long service leave or annual leave;

(d) any absence on account of injury arising out of or in the course of the employment of the Employee for a period during which payment is made under Appendix C Accident pay;

(e) any leave of absence of the Employee where the absence is authorised in advance in writing by the Employer to be counted as service;

(f) any interruption arising directly or indirectly from an industrial dispute;

(g) any period of absence from employment between the engagement with one of the said Institutions or Statutory Bodies and either:

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Page 121 of 132 i. another; or

ii. re-engagement with the same Institution or Statutory Body

(h) provided it is less than the Employee's allowable period of absence from employment. An Employee's allowable period of absence from employment shall be five weeks in addition to the total period of paid annual and/or sick leave which the Employee actually receives on termination or for which they are paid in lieu.

(i) the dismissal of an Employee, but only if the Employee is re-employed within a period not exceeding two months after the dismissal;

(j) any absence from work of female Employee from work for a period not exceeding twelve months or longer as agreed under the Parental Leave clause in respect of any pregnancy or adoption.

(k) any other absence of an Employee by leave of the Employer, or on account of injury arising out of or in the course of their employment not covered by clause 2.3(d).

(l) In calculating the period of continuous service of any Employee, any interruption or absence of a kind mentioned in clauses 3.42(a) to 2.3(e) shall be counted as part of the period of their service, but any interruption or absence of a kind mentioned in clauses 2.3(f) to 2.3(j) shall not be counted as part of the period of service unless it is so authorised in writing by the Employer.

2.4. The onus of providing a sufficient aggregate of service to support a claim for any long service leave entitlement shall at all times rest upon the Employee concerned. A certificate in the following form shall constitute acceptable proof.

3. Certificate of Service

[Name of Institution] [date]

This is to certify that [Name of Employee] has been employed by this institution/society/board for a period of [years/months/etc.] from [date] to [date].

Specify hereunder full details of paid or unpaid leave or absences including periods represented by payment made in lieu of leave on termination.

......

Specify hereunder full details of long service leave granted during service or on termination:

......

Signed...... [Stamp of Institution]

3.1. The Employer shall keep or cause to be kept a long service record for each Employee, containing particulars of service, leave taken and payments made.

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Page 122 of 132 4. Payment in lieu of long service leave on the death of an Employee

4.1. Where an Employee who has completed at least ten years' service dies while still in the employ of the Employer, the Employer shall pay to such Employee's personal representative a sum equal to the pay of such Employee for one thirtieth of the period of the Employee's continuous service in respect of which leave has not been allowed or payment made immediately prior to the death of the Employee.

5. Payment for period of leave

5.1. Payment to an Employee in respect of long service leave shall be made in one of the following ways: in full in advance when the Employee commences their leave; or at the same time as payment would have been made if the Employee had remained on duty; in which case payment shall, if the Employee in writing so requires, be made by cheque posted to a specified address; or in any other way agreed between the Employer and the Employee.

5.2. Where the employment of an Employee is for any reason terminated before the Employee takes any long service leave to which they are entitled or where any long service leave accrues to an Employee pursuant to clause 1.2 hereof the Employee shall subject to the provisions of clause 4.3 be entitled to pay in respect of such leave as at the date of termination of employment.

(a) Where any long service leave accrues to an Employee pursuant to clause 1.2(c) hereof the Employee shall be entitled to pay in respect of such leave as at the date of termination of employment.

(b) Except where the Employee gives the Employer notice in writing that the Employee has been employed by another Institution or Statutory Body the Employer shall make payment in respect of such leave at the expiry of the Employee's allowable period of absence from employment,

(c) Where the Employee gives the Employer notice in writing that the Employee has been employed by another Institution or Statutory Body the Employer is no longer required to make payment to the Employee in respect of such leave.

5.3. Where an increase occurs in the ordinary time rate of pay during any period of long service leave taken by the Employee, the Employee shall be entitled to receive payment of the amount of any increase in pay at the completion of such leave.

6. Taking of leave

6.1. When an Employee becomes entitled to long service leave such leave shall be granted by the Employer within six months from the date of the entitlement, but the taking of such leave may be postponed to such a date as is mutually agreed.

6.2. Any long service leave shall be inclusive of any public holiday or accrued day off occurring during the period when leave is taken.

6.3. If the Employer and an Employee so agree:

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Page 123 of 132 (a) the first six months long service leave to which an Employee becomes entitled under this Agreement may be taken in two or three separate periods; and

(b) any subsequent period of long service leave to which the Employee becomes entitled may be taken in two separate periods, but save as aforesaid long service leave shall be taken in one period.

6.4. An Employer may by agreement with an Employee grant long service leave to the Employee before the entitlement to that leave has accrued, provided that such leave shall not be granted before the Employee has completed ten (10) years' service.

6.5. Where the employment of an Employee who has taken long service leave in advance is subsequently terminated for serious and wilful misconduct before entitlement to long service leave has accrued, the Employer may, from whatever remuneration is payable to the worker upon termination, deduct and withhold an amount equivalent to the amount paid to the Employee in respect of the leave in advance.

7. Definitions

7.1. For the purposes of this clause the following definitions apply:

(a) Pay means remuneration for an Employee's normal weekly hours of work calculated at the Employee's ordinary time rate of pay provided in Appendix A , Rates of pay, hereof at the time the leave is taken or (if the Employee dies before the completion of leave so taken) as at the time of their death; and shall include the amount of any increase to the Employee's ordinary time rate of pay which occurred during the period of leave as from the date such increase operates provided that where accommodation is made available to an Employee during their period of leave and where a deduction is made for the rental, such amount shall be deducted from the pay for the period of leave.

(b) Month shall mean a calendar month.

(c) Institution shall mean any hospital or benevolent home, community health centre, Society, or Association registered and subsidised pursuant to the Health Services Act.

(d) Statutory body means the former Hospitals and Charities Commission (Vic) and its successors, the Department of Human Services and its predecessors, and/or AHPRA.

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Page 124 of 132 APPENDIX C - ACCIDENT PAY

1. Entitlement

1.1. An Employer shall pay and an Employee shall be entitled to receive accident pay in accordance with this clause.

2. Definitions

2.1. For the purposes of this clause, the following definitions shall apply:

(a) Act means the Workers Compensation Act (Victoria) 1958 as amended from time to time, or in respect of an injury occurring on or after 4.00 p.m. on the 1st September, 1985, the Accident Compensation Act (Victoria) 1985 as amended from time to time. The Act, at the time of entering into this Agreement is the Workplace Injury Rehabilitation and Compensation Act 2013

(b) Injury means any physical or mental injury within the meaning of the Act, and no injury shall give rise to an entitlement to accident pay under this clause unless an entitlement exists under the Act.

2.2. Accident pay

(a) Total incapacity - Where an Employee is or is determined to be totally incapacitated within the meaning of the Act, the term accident pay means a weekly payment of an amount representing the difference between:

ii. the total amount of compensation, including allowances, paid to the Employee during the period of incapacity under the Act for the week, and

iii. the total weekly Agreement rate, as varied from time to time, and any over Agreement payment being paid to the Employee at the date of the injury and which would have been payable for the Employee's classification for the week in question if they had been performing their normal duties, provided that - in making such calculation any payment for overtime earnings, shift premiums, penalty rates and any ancillary payment payable by the Employer shall not be taken into account.

(b) Partial incapacity - Where an Employee is partially incapacitated within the meaning of the Act, the term accident pay means a weekly payment of amount representing the difference between:

i. the total amount of compensation paid to the Employee during the period of incapacity under the Act for the week together with the average weekly amount they are earning.

ii. the total weekly Agreement rate, as varied from time to time, and any weekly over Agreement payment being paid to the Employee at the date of the injury and which would have been payable for the Employee's classification for the week in question if they had been performing their normal duties, provided that - in making such calculation any payment for overtime earnings, shift premiums, penalty rates and any other ancillary payment payable by the Employer shall not be taken into account.

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Page 125 of 132 2.3. Payment for part of a week - Where an Employee is incapacitated, either totally or partially, for part of a week, such an Employee shall receive pro rata accident pay for that part of the week.

3. Qualifications for payment

3.1. Subject to the terms of this clause, an Employee covered by this Agreement shall, upon receiving payment of weekly compensation and continuing to receive such payment for incapacity under the Act, be paid accident pay by their Employer who is liable to pay compensation under the Act, which liability may be discharged by another person on behalf of the Employer, provided that:

3.2. Accident pay shall not apply to any incapacity occurring during the first two weeks of employment unless such incapacity continues beyond the first two weeks and then, subject to 3.3 and to the maximum period of payment prescribed elsewhere herein, accident pay shall only to the period of incapacity after the first two (2) weeks.

3.3. Accident pay shall only be payable to an Employee whilst that Employee remains in the employment of the Employer by whom they were employed at the time of the incapacity and then only for such period as they received a weekly payment under the Act. Provided that if an Employee who is partially incapacitated cannot obtain suitable employment from their Employer but such alternative employment is available with another Employer then the relevant amount of accident pay shall still be payable.

3.4. Provided that as to industrial diseases contracted by a gradual process or injuries subject to recurrence, aggravation or acceleration (as provided in Section 3 of the Act) such injuries or diseases shall not be subject to accident pay unless the Employee has been employed with the Employer at the time of the incapacity for a minimum period of one month.

3.5. Provided further that in the case of the termination by an Employer of an Employee who is incapacitated and receiving accident pay, accident pay shall continue to apply subject to the provisions of this clause except in those cases where the termination is due to serious and/or willful misconduct on the part of the Employee.

3.6. In order to qualify for the continuance of accident pay on termination an Employee shall if required provide evidence to the Employer of the continuing payment of weekly payments of compensation.

3.7. Subject to this clause, accident pay shall not apply in respect of any injury during the first five normal working days of incapacity.

3.8. In relation to industrial diseases contracted by a gradual process or injury subject to recurrence, aggravation, or acceleration, such injuries or diseases shall not be subject to accident pay unless the Employee has been employed with the Employer at the time of the incapacity for a minimum period of one month.

3.9. On engagement, an Employee may be required to declare all workers compensation and/or accident claims made under the Act in the previous five (5) years and in the event of defaults or inaccurate information being deliberately and knowingly declared the Employer may require the Employee to forfeit their entitlement to accident pay under this Agreement.

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Page 126 of 132 4. Maximum period of payment

(a) The maximum period or aggregate period of accident pay to be made by the Employer shall be a total of twenty six (26) weeks for any one injury as defined in 2, provided that in respect of an Employee receiving or entitled to receive accident pay on or after 1 January 1981, the maximum period or aggregate of periods shall be a total of thirty nine(39) weeks for any one injury as defined.

5. Absences on other than paid leave

(a) An Employee shall not be entitled to the payment of accident pay in respect of any period of paid annual leave, or long service leave or for any paid public holiday in accordance with the appropriate Agreement provisions.

6. Notice of injury

(a) Following an injury for which they claim to be entitled to receive accident pay, an Employee shall give notice in writing of the injury to their Employer as soon as reasonably practicable after the occurrence thereof, provided that such notice may be given by a representative of the Employee.

7. Medical examination

7.1. In order to receive an entitlement to accident pay an Employee shall meet the requirements of the Act for attending medical examinations.

7.2. Where, in accordance with the Act, a medical referee gives a certificate as to the condition of the Employee and their fitness for work or specifies work for which the Employee is fit and such work is made available by the Employer, and is refused by the Employee or the Employee fails to commence the work, accident pay shall cease from the date of such refusal or failure to commence the work.

8. Cessation or redemption of weekly payments

8.1. Where there is a cessation or redemption of weekly compensation payments under the Act, the Employers liability to pay accident pay shall cease as from the date of such cessation or redemption.

9. Civil damages

9.1. An Employee receiving or who has received accident pay shall advise their Employer of any action they may institute or any claim they make for damages. Further, the Employee shall, if requested, provide an authority to the Employer entitling the Employer to a charge upon any money payable pursuant to any judgment or settlement on that injury.

9.2. Where an Employee obtains a judgment or settlement for damages in respect of an injury for which they have received accident pay the Employers liability to pay accident pay shall cease from the date of such judgment or settlement, provided that if the judgment or settlement for damages is not reduced either in whole or part by the amount of accident pay made by the Employer, the Employee shall pay to the Employer any amount of accident pay already received in respect of that injury by which the judgment or settlement has not been so reduced.

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Page 127 of 132 9.3. Where an Employee obtains a judgment or settlement for damages against a person other than the Employer in respect of an injury for which they have received accident pay, the Employers liability to pay accident pay shall cease from the date of such judgment or settlement, provided that if the judgment or settlement for damages is not reduced either in whole or part by the amount of accident pay made by the Employer, the Employee shall pay to the Employer any amount of accident pay already received in respect of that injury by which the judgment or settlement has not been so reduced.

10. Insurance against liability

(a) Nothing in this award shall require an Employer to insure against liability for accident pay.

11. Variations in compensation rates

(a) Any changes in compensation rates under this Act shall not increase the amount of accident pay above the amount that would have been payable had the rates of compensation remained unchanged.

12. Death of an Employee

(a) All rights to accident pay shall cease on the death of an Employee.

13. Commencement

(a) This clause shall only apply in respect of incapacity arising from any injury occurring or recurring on or after 3 March 1975.

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Page 128 of 132 APPENDIX D – Letter of Appointment/Statement of Appointment

1. The letter of appointment will contain the following information:

Name of Employer.

Employee's classification/level and year.

The region or department where the person is to be situated.

The name of the Enterprise Agreement which contains their terms and conditions of employment.

Their mode of employment (full-time/part-time/casual).

Fortnightly hours and if Monday – Friday or on a roster.

Specified employment is ongoing unless a valid term appointment is proposed.

Date of commencement.

Other information as required depending on the nature of the position.

Applications for the payment of a qualifications allowance must be submitted with evidence not later than 120 days from commencement.

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Page 129 of 132 Signatures

This Agreement is made under the provisions of the Fair Work Act 2009:

Signed for and on behalf of the parties as follows:

The Employer Signature:

Authority to sign Agreement:

Print name:

Date:

Witness:

Signature:

Print name:

Date:

The Employees Signature:

Authority to sign Agreement:

Print name:

Date:

Witness:

Signature:

Print name:

Date:

The Employees Signature:

Authority to sign Agreement:

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Page 130 of 132 Print name:

Date:

Witness:

Signature:

Print name:

Date:

The Employees Signature:

Authority to sign Agreement:

Print name:

Date:

Witness:

Signature:

Print name:

Date:

The Employees Signature:

Authority to sign Agreement:

Print name:

Date:

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Page 131 of 132 Witness:

Signature:

Print name:

Date:

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Page 132 of 132