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Printed with the Authority of the Australian N0175 [loose-leaf version] AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION AUSTRALIAN INDUSTRIAL REGISTRY LOOSE-LEAF CONSOLIDATION NURSES (VICTORIAN HEALTH SERVICES) AWARD 2000 This consolidation as made at 11 September 2000 and varied on 20 September 2000 (variations V001 and V002) comprises pages: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 <Total number of pages = 174> 2. DISCLAIMER Please note that this consolidated award is prepared by the Australian Industrial Registry, and is believed to be accurate but no warranty of accuracy or reliability is given and no liability is accepted for errors or omissions or loss or damage suffered as a result of a person acting in reliance thereon. Official copies of Australian Industrial Relations Commission decisions, awards and orders can be purchased from the Australian Industrial Registry in each capital city. Printed by authority of the Commonwealth Government Printer N0175 [loose-leaf version] AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION Workplace Relations Act 1996 s.33 action on Commission’s own motion (C No. 24258 of 1997) Review of award pursuant to Item 51 of Part 2 of Schedule 5 of the Workplace Relations and Other Legislation Amendment Act 1996 (C No. 00172 of 1998) NURSES (VICTORIAN HEALTH SERVICES) AWARD 1992 (ODN C No. 00606 of 1983) [Print K6359 [N0175]] Nurses Health and welfare services COMMISSIONER HINGLEY MELBOURNE, 11 SEPTEMBER 2000 Award simplification. ORDER A. Further to the decision issued by the Commission on 12 May 2000 and 30 June 2000 [Prints S5853 and S7648], the above award is varied as follows: By deleting all clauses and schedules and inserting the following: PART A - PRELIMINARY 1. TITLE This award shall be known as the Nurses (Victorian Health Services) Award 2000. 2. DIVISION INTO PARTS This award is divided into the following parts: Parts: A - Preliminary B - Common conditions C - Registered Nurses and Mothercraft Nurses D - Enrolled Nurses 3. ARRANGEMENT Part A - Preliminary 1. Title 2. Division into parts 3. Arrangement 4. Incidence and application 5. Parties bound 6. Supersession and savings 7. Date and period of operation 8. Definitions 9. May 2000 Safety Net Adjustment 10. Federal minimum wage 11. Anti-discrimination 12. Relationship to National Training Wage Award 1994 Part B - Common Conditions 13. Posting award 14. No extra claims 15. Daylight savings time 16. Termination of employment 17. Annual leave 18. Leave to attend trade union training courses, seminars (public sector only) 19. Personal leave 20. Long service leave 21. Parental leave 22. Accident pay 23. Rosters 24. Public holidays 25. Special rates for Saturdays and Sundays 26. Time and salaries records 27. Legislative changes 28. Prevention and settlement of disputes Part C - Registered and Mothercraft Nurses 29. Definitions 30. Modes of employment 31. Classification in grades 32. Salaries 33. Higher duties (registered nurses only) 34. Private hospitals (60 beds or less) classification structure 35. Advertisement of position 36. Posting of duties of registered mothercraft nurse 37. Incidental and peripheral duties (mothercraft nurses only) 38. Mixed functions (mothercraft nurses only) 39. Hours of work 40. Day off in each week 41. Rest intervals 42. Overtime 43. Allowances 44. Jury service 45. Redundancy (private sector and community health centres) Part D - Enrolled Nurses 46. Definitions 47. Mode of employment 48. Jury service 49. Notification of classification 50. Salaries 51. Payment of salaries 52. Mixed functions/higher duties 53. Hours of work 54. Minimum engagement 55. Meal interval 56. Rest intervals 57. Incidental and peripheral 58. Overtime 59. Wash-up time 60. Travelling on duty 61. Allowances 62. Training (public sector only) 63. Redundancy (non-public sector only) Schedule A Schedule B 4. INCIDENCE AND APPLICATION 4.1 This award shall apply to the employment of Registered Nurses, State Enrolled Nurses and Mothercraft Nurses in the State of Victoria PROVIDED it shall not apply to persons employed under the Public Service Act 1974 (Vic). 4.2 Part A and Part B of this award shall apply to the employment of all employees to whom this award applies. 4.3 Part C of this award shall apply to the work and employment of Registered Nurses and Mothercraft Nurses, as defined in clause 8 - Definitions. 4.4 Part D of this award shall apply to the work and employment of Enrolled Nurses, as defined in clause 8 - Definitions. 5. PARTIES BOUND 5.1 This award shall be binding upon: 5.1.1 the employers referred to in Schedule A hereto and the employers of persons in the places referred to in Schedule A hereto in respect of all their employees for whom provision is made herein; 5.1.2 the Australian Nursing Federation; 5.1.3 the Health Services Union of Australia in respect of Part A, Part B to the extent Part B applies to Enrolled Nurses, Part C to the extent Part C applies to Mothercraft Nurses and Part D. 5.1.4 The Victorian Employers’ Chamber of Commerce and Industry, and its members; 5.1.5 The Victorian Hospitals Industrial Association; and 5.1.6 The Australian Industry Group, and its members. 6. SUPERSESSION AND SAVINGS This award supersedes the Nurses (Victorian Health Services) Award 1992 [Print K6359 [N0175]] but no employee shall suffer any loss or diminution of entitlements in respect of allowable matters (whether accrued or otherwise) or terms and conditions of employment in place immediately prior to the commencement of this award by reason only of the coming into force of this award. 7. DATE AND PERIOD OF OPERATION This award shall come into force on 30 June 2000 and remain in force for a period of twelve months. 8. DEFINITIONS For the purposes of this award: 8.1 Registered Nurse shall mean a person whose name appears in Division One or Three of the Register maintained by the Nurses Board of Victoria excluding a State Enrolled Nurse or Mothercraft Nurse. 8.2 Enrolled Nurse and State Enrolled Nurse shall mean a person whose name appears in Division Two of the Register maintained by the Nurses Board of Victoria. 8.3 Mothercraft Nurse shall mean a person whose name appears in Division Five of the Register maintained by the Nurses Board of Victoria. 8.4 Public Sector shall refer to employment under this award in respect of a respondent or place of work identified in Schedule B - Public Health Sector Institutions. 8.5 Private Sector shall refer to any employment in this award not in the Public Sector. 8.6 Union within the respective parts of this award shall mean those unions set out in clause 5 - Parties bound, as being respondents to that part. 9. MAY 2000 SAFETY NET ADJUSTMENT 9.1 The rates of pay in this award include the arbitrated safety net adjustment payable under the Safety Net Review - Wages May 2000 decision [Print S5000]. This arbitrated safety net adjustment may be offset against any equivalent amount in rates of pay received by employees whose wages and conditions of employment are regulated by this award which are above the wage rates prescribed in the award. Such above award payments include wages payable pursuant to certified agreements, currently operating enterprise flexibility agreements, Australian workplace agreements, award variations to give effect to enterprise agreements and overaward arrangements. Absorption which is contrary to the terms of an agreement is not required. 9.2 Increases made under previous National Wage Case principles or under the current Statement of Principles, excepting those resulting from enterprise agreements, are not to be used to offset arbitrated safety net adjustments. 10. FEDERAL MINIMUM WAGE 10.1 The federal minimum wage No employee shall be paid less than the federal minimum wage. 10.2 Amount of federal adult minimum wage 10.2.1 The federal minimum wage for full-time adult employees not covered by 10.4 [special categories clause], is $400.40 per week. 10.2.2 Adults employed under a supported wage clause shall continue to be entitled to receive the wage rate determined under that clause. Provided that such employees shall not be paid less than the amount determined by applying the percentage in the supported wage clause applicable to the employee concerned to the amount of the minimum wage specified in 10.2.1. 10.2.3 Adults employed as part-time or casual employees shall continue to be entitled to receive the wage rate determined under the casual and part-time clauses of the award. Provided that such employees shall not be paid less than pro rata the minimum wage specified in 10.2.1 according to the number of hours worked. 10.3 How the federal minimum wage applies to juniors 10.3.1 The wage rates provided for juniors by this award continue to apply unless the amount determined under 10.3.2 is greater.
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