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

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

3. Definitions and interpretation

[Varied by PR733961]

3.1 In this award, unless the contrary intention appears:

Act means the Fair Work Act 2009 (Cth)

allowable period of absence means five weeks in addition to the total period of paid annual, long service or personal leave which the employee actually receives on termination or for which she/he is paid in lieu

[Definition of casual employee inserted by PR733961 from 27Sep21]

casual employee has the meaning given by section 15A of the Act

defined benefit member has the meaning given by the Superannuation Guarantee (Administration) Act 1992 (Cth)

employee means a state reference public sector employee within the meaning of Schedule 6A of the Fair Work (Transitional Provisions) and Consequential Amendments Act 2009

employer means a State Reference public sector employer within the meaning of Schedule 6A of the Fair Work (Transitional Provisions) and Consequential Amendments Act 2009

Enrolled Nurse means a person whose name appears on the register maintained by the Nursing and Midwifery Board of Australia as an Enrolled Nurse

exempt public sector superannuation scheme has the meaning given by the Superannuation Industry (Supervision) Act 1993 (Cth)

experience means experience following registration in a Grade, or at a Level, 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 such higher grade or sub-grade shall count as service and experience in the lower grade or sub-grade for the purposes of determining such employee’s experience, provided that:

(a) an employee who has worked an average of 24 hours per week, or less, in a year shall be required to work a further twelve months before being eligible for advancement to the next succeeding experience increment (if any), within the grade or sub-grade in which the employee is employed; and

(b) where an employee has not been regularly employed, or has not actively nursed for a period of five years or more, such employee’s prior service and experience shall not be taken into account

MySuper product has the meaning given by the Superannuation Industry (Supervision) Act 1993 (Cth)

NAATI means the National Accreditation Authority for Translators and Interpreters

NMBA means the Nursing and Midwifery Board of Australia

NES means the National Employment Standards as contained in sections 59 to 118, and 123 to 131 of the Act, as they apply subject to s.30H of the Act

Nurse for the purposes of the entitlements, classifications and definitions in this Award, also means Midwife (as both occupations may be separately registered with the Nursing and Midwifery Board of Australia)

ordinary rate of pay or ordinary weekly rate of pay means the weekly rate for the relevant classification prescribed in Schedule A, but does not include any payment for overtime, shift work, on call, travelling allowance, incidental expenses or any payment of a temporary character

Registered Nurse or Registered Midwife means a person whose name appears on the register maintained by the Nursing and Midwifery Board of Australia as a Registered Nurse

standard rate means the reference point for the determination of allowances. For Registered Nurses this means Grade 2 Year 1 for shift allowances and Grade 2 Year 3 for all other allowances. For Enrolled Nurses standard rate means EN1.1

State reference employer means an employer that is a national system employer only because of s.30D of the Fair Work Act 2009

State reference public sector employer means a state reference employer that is a State public sector employer as defined in s.30A of the Fair Work Act 2009 (Cth) who is not a constitutional corporation

Victorian Referral means the Fair Work (Commonwealth Powers) Act 2009 (Vic) and any legislation that amends, repeals or replaces that legislation

Weekend Worker means an employee who works ordinary hours on a Saturday or Sunday

WIRC Act means the Workplace Injury Rehabilitation and Compensation Act 2014 (Vic)

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

3.3 Further Definitions and Classification Definitions are contained in Schedule B—Classification Definitions and Further Definitions.

4. Coverage

[Varied by PR743471]

4.1 This State reference public sector award covers:

(a) employers in Victoria who are State reference public sector employers (as defined) and who employ nurses and/or midwives, principally engaged in nursing/midwifery duties comprehended by the classifications listed in Schedule B—Classification Definitions and Further Definitions, and

(b) employees of State reference public sector employers (as defined) in Victoria in the classifications listed in Schedule Band Schedule C to the exclusion of any other modern award, and

(c) The Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union of Australia.

4.2 The award does not cover:

(a) employers who employ nurses in primary or secondary schools, Local Government or Victorian State Government Departments, or

[4.2(b) varied by PR743471 ppc 11Jul22]

(b) employers and employees who are covered by the Nurses Award 2020 because the employers are constitutional corporations.

4.3 The award does not cover an employee excluded from award coverage by the Act.

4.4 The award does not cover employees who are covered by a modern enterprise award, or an enterprise instrument (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)), or employers in relation to those employees.

4.5 Where an employer is covered by more than one award, an employee of that employer is covered by the award classification which is most appropriate to the work performed by the employee and to the environment in which the employee normally performs the work.

5. Access to the award and the National Employment Standards

The employer must ensure that copies of this award and the NES are available to all employees to whom they apply either on a noticeboard which is conveniently located at or near the workplace or through electronic means, whichever makes them more accessible.

6. The National Employment Standards and this award

The NES and this award contain the minimum conditions of employment for employees covered by this award.

7. Award flexibility

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

(a) arrangements for when work is performed;

(b) overtime rates;

(c) penalty rates;

(d) allowances; and

(e) leave loading.

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

7.3 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 7.1; and

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

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

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

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

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

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

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

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

7.6 Except as provided in clause 7.4(a) the agreement must not require the approval or consent of a person other than the employer and the individual employee.

7.7 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.

7.8 The agreement may be terminated:

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

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

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

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

Part 2—Consultation and Dispute Resolution

8. Consultation

8.1 Consultation regarding major workplace change

(a) Employer to notify

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

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

(b) Employer to discuss change

(i) The employer must discuss with the employees affected and their representatives, if any, the introduction of the changes referred to in clause 8.1(a) the effects the changes are likely to have on employees and measures to avert or mitigate the adverse effects of such changes on employees and must give prompt consideration to matters raised by the employees and/or their representatives in relation to the changes.

(ii) The discussions must commence as early as practicable after a definite decision has been made by the employer to make the changes referred to in clause 8.1(a).

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

8.2 Consultation about changes to rosters or hours of work

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

(b) The employer must:

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

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

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

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

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

8.3 Clause 8 does not apply to consultations about any matter in relation to which legislative power is not referred to the Commonwealth Parliament by the Victorian Referral.

9. Dispute resolution

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

9.2 If a dispute about a matter arising under this award is unable to be resolved at the workplace, and all appropriate steps under clause 9.1 have been taken, a party to the dispute may refer the dispute to the Fair Work Commission.

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

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

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

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

9.7 Clause 9 does not apply to disputes about any matter in relation to which legislative power is not referred to the Commonwealth Parliament by the Victorian Referral.

Part 3—Types of Employment and Termination of Employment

10. Types of employment

[Varied by PR733961]

10.1 Employment categories

Employees under this award will be employed in one of the following categories:

(a) full-time;

(b) part-time; or

(c) casual.

At the time of engagement an employer will inform each employee whether they are employed on a full-time, part-time or casual basis. An employer may direct an employee to carry out such duties that are within the limits of the employee’s skill, competence and training, consistent with the respective classification.

10.2 Full-time employment

A full-time employee is one who is engaged to work 38 hours per week or an average of 38 hours per week pursuant to clause 19 of this award.

10.3 Part-time employment

(a) A part-time employee is an employee who is engaged to work less than an average of 38 ordinary hours per week and whose hours of work are reasonably predictable.

(b) Before commencing part-time employment, the employer and employee will agree in writing to the guaranteed minimum number of hours to be worked and the rostering arrangements which will apply to those hours.

(c) The terms of the arrangement may be varied by agreement and recorded in writing.

(d) The terms of this award will apply on a pro rata basis to part-time employees on the basis that the ordinary weekly hours for full-time employees are 38.

10.4 Casual employment

[10.4(a) deleted by PR733961 from 27Sep21]

[10.4(b) renumbered as 10.4(a) by PR733961 from 27Sep21]

(a) A casual employee will be paid an hourly rate equal to 1/38th of the weekly rate appropriate to the employee’s classification plus a casual loading of 25% as compensation for annual leave, paid personal/carer’s leave and public holidays not worked.

[10.4(c) renumbered as 10.4(b) by PR733961 from 27Sep21]

(b) A casual employee will be paid a minimum of two hours’ pay for each engagement.

[10.4(d) renumbered as 10.4(c) by PR733961 from 27Sep21]

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

10.5 Offers and requests for casual conversion

[10.5 inserted by PR733961 ppc 27Sep21]

Offers and requests for conversion from casual employment to full-time or parttime employment are provided for in the NES.

NOTE: Disputes about offers and requests for casual conversion under the NES are to be dealt with under clause 9—Dispute resolution.

11. Termination of employment

11.1 Notice of termination is provided for in the NES.

11.2 Notice of termination by an employee

The notice of termination required to be given by an employee is the same as that required of an employer except that there is no requirement on the employee to give additional notice based on the age of the employee concerned. If an employee fails to give the required notice the employer may withhold from any monies due to the employee on termination under this award or the NES, an amount not exceeding the amount the employee would have been paid under this award in respect of the period of notice required by this clause less any period of notice actually given by the employee.

11.3 Job search entitlement

Where an employer has given notice of termination to an employee, an employee must be allowed up to one day’s time off without loss of pay for the purpose of seeking other employment. The time off is to be taken at times that are convenient to the employee after consultation with the employer.

Part 4—Minimum Wages and Related Matters

12. Classifications

12.1 The classification definitions are set out in Schedule B—Classification Definitions and Further Definitions and the Classifications in Grades (i.e. which classifications are at what Grades) are set out in Schedule C—Classification in Grades.

12.2 Progression for all classifications for which there is more than one pay point or year level will be by completing a year of ‘experience’ as defined.

13. Minimum wages

13.1 The minimum wages for the classifications are set out in Schedule A—Wage Rates.

13.2 In addition the amounts in Schedule A, the following amounts will be added for nurses classified as a Deputy Director of Nursing (Residential Aged Care) and Director of Nursing (Residential Aged Care).

(a) Deputy Director of Nursing (Residential Aged Care)

(i) The minimum weekly salary for a Deputy Director of Nursing shall be at the Grade 5 (13-50 beds).

(ii) In addition to this amount, a Deputy Director of Nursing shall be paid the following in respect to approved beds over which responsibility is exercised:

· an additional 0.065% of the minimum weekly rate per bed for each approved bed to 100 beds;

· plus an additional 0.032% of the minimum weekly rate per bed for each approved bed above 100 beds.

(b) Director of Nursing (Residential Aged Care)

(i) The minimum weekly salary for a Director of Nursing shall be at Grade 7 (less than thirteen beds).

(ii) In addition to this amount a Director of Nursing (Residential Aged Care) shall be paid the following in respect to approved beds over which responsibility is exercised:

· an additional 0.24% of the minimum weekly rate per bed for each approved bed to 50 beds; plus

· an additional 0.12% of the minimum weekly rate per bed for each approved bed from 51 to 100 beds; plus

· an additional 0.05% of the minimum weekly rate per bed for each approved bed above 100 beds.

(c) The above amount shall be treated for all purposes as part of ordinary salary for each classification. (Note: The calculation of the above approved bed weighting shall be made to the nearest 10 cents, any amount in the result not exceeding 5 cents to be disregarded).

14. Allowances

[Varied by PR566806, PR566934, PR579638, PR579922, PR592378, PR592228, PR606601, PR606451, PR704234, PR707562, PR707770, PR718943, PR719095, PR729389, PR729568, PR740814, PR740974, PR750877, PR762234, PR762405]

14.1 Automatic adjustment of wage-related allowances

[New 14.1 inserted by PR750877 ppc 15Mar23]

The amount of each wage-related allowance is the percentage of the standard rate specified for the allowance and will automatically adjust to reflect the specified percentage when the standard rate is varied.

14.2 Adjustment of expense related allowances

[14.1 renumbered as 14.2 by PR750877 ppc 15Mar23]

(a) At the time of any adjustment to the standard rate, each expense related allowance will be increased by the relevant adjustment factor. The relevant adjustment factor for this purpose is the percentage movement in the applicable index figure most recently published by the Australian Bureau of Statistics since the allowance was last adjusted.

(b) The applicable index figure is the index figure published by the Australian Bureau of Statistics for the Eight Capitals Consumer Price Index (Cat No. 6401.0), as follows:

Allowance	Applicable Consumer Price Index figure
Meal allowance	Take away and fast foods sub-group
Clothing and equipment allowance	Clothing and footwear group
Vehicle/travel allowance	Private motoring sub-group

14.3 Clothing and equipment

[14.2 renumbered as 14.3 by PR750877 ppc 15Mar23]

(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) Instead of the provision of such uniforms, the employer may pay such employee a uniform allowance at the rate of $1.23 per shift or part thereof on duty or $6.24 per week, whichever is the lesser amount. Where such employee’s uniforms are not laundered by or at the expense of the employer, the employee will be paid a laundry allowance of $0.32 per shift or part thereof on duty or $1.49 per week, whichever is the lesser amount.

(c) The uniform allowance, but not the laundry allowance, will be paid during all absences on paid leave, except absences on long service leave and absence on personal/carer’s leave beyond 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.

14.4 Meal allowances

[14.3 renumbered as 14.4 by PR750877 ppc 15Mar23]

[14.4(a) varied by PR566934, PR579638, PR592378, PR606601, PR704234, PR707770, PR719095, PR729568, PR740974, PR762405 ppc 01Jul23]

(a) An employee will be supplied with an adequate meal where an employer has adequate cooking and dining facilities or be paid a meal allowance of $15.20 in addition to any overtime payment as follows:

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

[14.4(a)(ii) varied by PR719095, PR729568, PR740974, PR762405 ppc 01Jul23]

(ii) provided that where such overtime work exceeds four hours a further meal allowance of $13.70 will be paid.

(b) Clause 14.4(a) will not apply when an employee could reasonably return home for a meal within the meal break.

(c) On request the meal allowance will be paid on the same day as overtime is worked.

14.5 On call allowance and additional leave

[14.4 renumbered as 14.5 by PR750877 ppc 15Mar23]

(a) An on call allowance is paid to an employee who is required by the employer to be on call at their private residence, or at any other mutually agreed place. The employee is entitled to receive the following additional amounts for each 24 hour period or part thereof:

(i) between rostered shifts or ordinary hours Monday to Friday inclusive–2.35% of the standard rate;

(ii) between rostered shifts or ordinary hours on a Saturday – 3.54% of the standard rate; or

(iii) between rostered shifts or ordinary hours on a Sunday, public holiday or any day when the employee is not rostered to work– 4.13% of the standard rate.

(b) For the purpose of this clause the whole of the on call period is calculated according to the day on which the major portion of the on call period falls.

The entitlement to be free from duty as described at clause 19.4 (two full days per week, four per fortnight etc.) includes on-call/recall work. If an employer cannot provide the required clear days off duty in a fortnight and that employee is required to be rostered on-call:

(i) on days that the employee is not rostered for duty; and

(ii) is rostered for on-call duty for a minimum of two days during four or more four week roster cycles during an anniversary year,

additional leave will accrue to the employee in accordance with the table below:

Number of 4 week roster cycles on call	Number of additional days leave
Less than 4	0
4 but less than 6	1
6 but less than 8	2
8 but less than 10	3
10 but less than 12	4
12 or more	5

(d) Between 1 December and 30 December in each year the employer will determine any entitlement under clause 14.5(c) by calculating the number of four week roster cycles worked by the employee during the 12 month period immediately preceding the date the calculation is made, during which the employee was rostered for on-call duty:

(i) on days on which the employee was not rostered for duty; and

(ii) was rostered for on-call duty for a minimum of two days.

(e) Any leave accrued in accordance with this clause shall be taken by agreement between the employer and the employee subject to the operational needs of the employer.

(f) Any leave accrued under this clause shall not attract any projected penalties or annual leave loading.

14.6 Telephone allowance

[14.5 renumbered as 14.6 by PR750877 ppc 15Mar23]

Where an employer requires an employee to install and/or maintain a telephone for the purposes of being on call, the employer shall refund the installation costs and subsequent three-monthly rental charges on production of receipted accounts.

14.7 Travelling, transport and fares

[14.6 renumbered as 14.7 by PR750877 ppc 15Mar23]

[14.7(a) varied by PR719095, PR740974, PR762405 ppc 01Jul23]

(a) An employee required and authorised to use their own motor vehicle in the course of their duties will be paid an allowance of not less than $0.96 per kilometre.

(b) When an employee is involved in travelling on duty, if the employer cannot provide the appropriate transport, all reasonably incurred expenses in respect to fares, meals and accommodation will be met by the employer on production of receipted account(s) or other evidence acceptable to the employer.

(c) Provided further that the employee will not be entitled to reimbursement for expenses referred to in clause 14.7(b) which exceed the mode of transport, meals or the standard of accommodation agreed with the employer for these purposes.

14.8 Qualification allowance – Enrolled Nurses Only

[14.7 renumbered as 14.8 by PR750877 ppc 15Mar23]

(a) An Enrolled Nurse who holds a certificate or qualification (in addition to the minimum qualification held by the nurse for registration) in which it is demonstrated that at least one component is applicable to her/his area of practice and/or work shall be paid the following allowance:

(i) a certificate or qualification for a course of six months’ duration, but not including a pre or post-registration course leading to endorsement to administer medication - 4% of the relevant EN ordinary weekly rate of pay; or

(ii) a certificate or qualification for a course of 12 months’ duration – 7.5% of the relevant EN ordinary weekly rate of pay;

(b) 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.

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

(d) An Enrolled Nurse claiming a qualification allowance must provide the employer with evidence of that Enrolled Nurse holding the qualification for which the entitlement is claimed. For the avoidance of doubt, a qualification allowance cannot be claimed by an Enrolled Nurse in respect of that employee's base qualification leading to initial registration as an Enrolled Nurse.

(e) Post Basic Nursing Courses in Australia for Enrolled Nurses in Victoria

Communicable Diseases Nursing (12 months)	Fairfield Hospital
Maternity Nursing (six months)	Royal Women’s Hospital
Operating Theatre Nursing (six months)	Royal Women’s Hospital
Geriatric Nursing (six months)	Mount Royal Hospital Poplar Road Parkville, 3052

(f) Notwithstanding anything contained elsewhere in this clause an Enrolled Nurse who holds any other certificate or qualification which may from time to time be approved by the Nurses and Midwifery Board of Australia (NMBA) and who is required to use such certificate or qualification shall be paid an allowance as set out above for a course of six months duration or 7.5% of the relevant EN ordinary weekly rate of pay for a course of 12 months’ duration.

14.9 Qualified interpreters (EN only)

[14.8 renumbered as 14.9 by PR750877 ppc 15Mar23]

[14.9(a) varied by PR750877 ppc 15Mar23]

(a) In addition to any amount payable under the salary and allowance clauses of this award, any person employed as an interpreter (qualified) and who is accredited by the National Accreditation Authority for Translators and Interpreters (NAATI) will receive the following additional payment per week:

(i) Interpreter/Translator Grade 1 (NAATI Accreditation Level 2)

[14.9(a)(i) varied by PR566806, PR579922, PR592228, PR606451, PR707562, PR718943, PR729389, PR740814, PR750877, PR762234 ppc 01Jul23]

	$ per week	% of standard rate
In their second year	11.04	1.09
In their third year	38.51	3.802
In their fourth year	70.60	6.969

(ii) Interpreter/Translator Grade 2 (NAATI Accreditation Level 3)

[14.9(a)(ii) varied by PR566806, PR579922, PR592228, PR606451, PR707562, PR718943, PR729389, PR740814, PR750877, PR762234 ppc 01Jul23]

	$ per week	% of standard rate
In their first year	107.40	10.602
In their second year	138.88	13.71
In their third year	169.11	16.694
In their fourth year	199.19	19.663

(b) Occasional interpreting

[14.9(b) varied by PR566806, PR579922, PR592228, PR606451, PR707562, PR718943, PR729389, PR740814; substituted by PR750877 ppc 15Mar23; varied by PR762234 ppc 01Jul23]

An employee not employed as a full interpreter who is required to perform interpreting duties will receive an additional:

· $1.05 on each occasion—the amount of this allowance is 0.104% of the standard rate and will automatically adjust to reflect this percentage when the standard rate is varied, with;

· a maximum payment of $13.22 per week—the amount of this allowance is 1.305% of the standard rate and will automatically adjust to reflect this percentage when the standard rate is varied.

[14.9(c) deleted by PR750877 ppc 15Mar23]

15. Accident pay

15.1 Accident make-up pay in accordance with clause 15.2 shall not apply:

(a) in respect of any injury during the first five normal working days of incapacity;

(b) to any incapacity occurring during the first two weeks of employment unless that incapacity continues beyond the first three weeks;

(c) during any period when the employee fails to comply with the requirements of the Act with regard to examination by a legally qualified medical practitioner;

(d) where the injury for which the employee is receiving weekly compensation payments is a pre-existing injury which work has contributed to by way of recurrence, aggravation, acceleration, exacerbation or deterioration and the employee failed to disclose the injury on engagement following a request to do so by the employer in circumstances where the employee knew or ought to have known about the nature of the injury;

(e) where in accordance with the Workplace Injury Rehabilitation and Compensation Act 2014 (Vic) (the WIRC Act) a medical practitioner provides information to an employer of an employee’s fitness for work or specifies work for which an employee has a capacity and that work is made available by an employer but not commenced by an employee;

(f) when the claim has been commuted or redeemed in accordance with the WIRC Act;

(g) in respect of any period of annual leave, long service leave or for any paid public holiday.

15.2 Maximum payment

(a) The maximum period or aggregate of periods of accident make-up pay to be made by an employer will be a total of 39 weeks for any one injury.

(b) Accident make-up pay means a weekly payment of an amount representing the difference between the total amount of compensation paid in accordance with the WIRC Act as amended for the week in question and the total 38 hour weekly rate and weekly overaward 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 she/he had been performing her/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.

15.3 Reduction of compensation

Where an employee receives a weekly payment under this clause and subsequently that payment is reduced pursuant to the WIRC Act, that reduction will not render the employer liable to increase the amount of accident pay in respect of that injury.

15.4 Cessation of employment

An entitlement to accident make-up pay cease on termination of the employee’s employment, except where such termination:

(a) is by the employer other than for reason of the employee’s serious and wilful misconduct; or

(b) arises from a declaration of bankruptcy or liquidation of the employer, in which case the employee’s entitlement shall be referred to the Fair Work Commission to determine.

16. Higher duties – Registered Nurses

16.1 A Registered Nurse engaged in duties carrying a higher rate than the employee’s ordinary classification on any shift for more than two hours shall be paid at the minimum rate for that higher classification for the full shift or, if for two hours or less, only the time worked shall be paid for at that higher rate. Save that:

(a) A Deputy Director of Nursing, Deputy Principal Nurse Educator and Principal Nurse Educator shall only receive higher duties payments when relieving an Employee in a higher classification for a period in excess of five days, and shall be paid at the minimum of that higher classification for the entire period of relief.

(b) An Associate Nurse Unit Manager (ANUM) shall only receive higher duties payments as set out at clause 16.2.

16.2 Notwithstanding the provisions of clause 16.1 the following provisions shall apply to employees who are appointed to relieve a Nurse Unit Manager.

(a) Off duty shifts

(i) Where a ward/unit involves shift work, an ANUM may be appointed to undertake in-charge functions during the off duty periods of the Nurse Unit Manager (however titled). The ANUM rate shall be deemed to include the performance of the in-charge function during the off duty periods of the Nurse Unit Manager.

(ii) Where an employee other than an ANUM is required to act in charge during the off duty period of a Nurse Unit Manager (which event shall be the exception to the rule), such employee shall be paid at the minimum rate applicable to the ANUM position which would normally be in charge on that shift.

(iii) Provided that where no ANUM position has been appointed with respect to the relevant shift, the provisions of clause 16.1 shall apply.

(b) Periods of absence

The provisions of clause 16.2(a) shall apply to all periods of absence of a Nurse Unit Manager up to and including five days. For absences in excess of five days, the relieving ANUM shall be paid at the minimum rate for the Nurse Unit Manager for the entire period of relief and other employees who consequently act in a higher position shall be similarly remunerated at the minimum rate of that higher position for the entire period of relief.

17. Payment of wages

17.1 Wages must be paid fortnightly unless otherwise mutually agreed up to a monthly maximum period.

17.2 Employees will be paid by cash, cheque or electronic funds transfer, as determined by the employer, into the bank or financial institution account nominated by the employee.

17.3 When notice of termination of employment has been given by an employee 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.

18. Superannuation

[Varied by PR771400]

18.1 Superannuation legislation

[18.1 substituted by PR771400 ppc 09Apr24]

(a) The NES and Superannuation legislation, including the Superannuation Guarantee (Administration) Act 1992 (Cth), the Superannuation Guarantee Charge Act 1992 (Cth), the Superannuation Industry (Supervision) Act 1993 (Cth) and the Superannuation (Resolution of Complaints) Act 1993 (Cth), deal with the superannuation rights and obligations of employers and employees.

(b) The rights and obligations in clause 18 supplement those in superannuation legislation and the NES.

NOTE: Under superannuation legislation:

(a) Individual employees generally have the opportunity to choose their own superannuation fund.

(b) If a new employee does not choose a superannuation fund, the employer must ask the Australian Taxation Office (ATO) whether the employee is an existing member of a stapled superannuation fund and, if stapled fund details are provided by the ATO, make contributions to the stapled fund.

(c) If an employee does not choose a superannuation fund and does not have a stapled fund, the choice of superannuation fund requirements will be satisfied by contributions made to a superannuation fund nominated in the award covering the employee, provided the fund is able to accept contributions for the benefit of the employee.

(d) A fund may not be able to accept contributions for the benefit of an employee if the employee would be a new member of the fund’s MySuper product and the MySuper product is closed to new members because it has failed the performance tests of Australian Prudential Regulation Authority (APRA) for 2 consecutive years.

18.2 Employer contributions

An employer must make such superannuation contributions to a superannuation fund for the benefit of an employee as will avoid the employer being required to pay the superannuation guarantee charge under superannuation legislation with respect to that employee.

18.3 Voluntary employee contributions

(a) Subject to the governing rules of the relevant superannuation fund, an employee may, in writing, authorise their employer to pay on behalf of the employee a specified amount from the post-taxation wages of the employee into the same superannuation fund as the employer makes the superannuation contributions provided for in clause 18.2.

(b) An employee may adjust the amount the employee has authorised their employer to pay from the wages of the employee from the first of the month following the giving of three months’ written notice to their employer.

(c) The employer must pay the amount authorised under clauses 18.3(a) or (b) no later than 28 days after the end of the month in which the deduction authorised under clauses 18.3(a) or (b) was made.

18.4 Superannuation fund

[18.4 varied by PR771400 ppc 09Apr24]

Unless, to comply with superannuation legislation, the employer is required to make the superannuation contributions provided for in clause 18.2 to another superannuation fund, the employer must make the superannuation contributions provided for in clause 18.2 and pay any amount authorised under clauses 18.3(a) or 18.3(b) to one of the following superannuation funds or its successor, provided that, in respect of new employees, the fund is able to accept new beneficiaries:

(a) First State Super;

(b) Health Industry Plan (HIP);

(c) Health Employees Superannuation Trust of Australia (HESTA);

(d) Catholic Super (CSF);

(e) Mercy Super;

(f) Sunsuper;

(g) Tasplan;

(h) CareSuper;

(i) NGS Super;

(j) any superannuation fund to which the employer was making superannuation contributions for the benefit of its employees before 12 September 2008, provided the superannuation fund is an eligible choice fund and is a fund that offers a MySuper product or is an exempt public sector superannuation scheme; or

(k) a superannuation fund or scheme which the employee is a defined benefit member of.

Part 5—Hours of Work and Related Matters

19. Hours of work

19.1 The ordinary hours of work for a full-time employee will be 38 hours per week, 76 hours per fortnight or 152 hours over 28 days usually worked as:

(a) in a week of five days in shifts of not more than 7.6 hours each; or

(b) by mutual agreement in a week of four days in shifts of not more than 9.5 hours each; or

(c) by mutual agreement, provided that the length of any ordinary shift shall not exceed ten hours; or

(d) in 76 hours per fortnight to be worked as not more than ten days of not more than 7.6 hours each; or

(e) in 152 hours per four week period to be worked as nineteen days each of 8 hours.

19.2 The shift length or ordinary hours of work per day will be a maximum of 10 hours exclusive of meal breaks.

19.3 An accrued day off (ADO) system of work may be implemented via an employee working no more than 19 days in a four week period of 152 hours.

19.4 Each employee must be free from duty for not less than two full days in each week or four full days in each fortnight or eight full days in each 28-day cycle. Where practicable, such days off in a week must be consecutive.

19.5 The hours of work will be continuous, except for meal breaks. Except for the regular changeover of shifts, an employee will not be required to work more than one shift in each 24 hours.

20. Rest breaks and time off between shifts

An employee will be allowed a rest break of eight hours between the completion of one ordinary work period or shift and the commencement of another ordinary work period or shift.

21. Accumulation and taking of accrued days off (ADOs)

21.1 Where an employee is entitled to an ADO, in accordance with the arrangement of ordinary hours of work as set out in clause 19, ADOs will be taken within 12 months of the date on which the first full ADO accrued.

21.2 With the consent of the employer, ADOs may be accumulated up to a maximum of five in any one year.

21.3 An employee will be paid for any accumulated ADOs at ordinary rates on the termination of their employment for any reason.

22. Rostering

22.1 Employees will work in accordance with a weekly or fortnightly roster of at least 28 days duration fixed by the employer.

22.2 The roster, setting out employees’ daily ordinary working hours, including starting and finishing times and meal intervals, will be displayed in a place conveniently accessible to employees at least seven days before the commencement of the roster period.

22.3 Unless the employer otherwise agrees, an employee desiring a roster change will give seven days’ notice except where the employee is ill or in an emergency.

22.4 Seven days’ notice of a change of roster will be given by the employer to an employee. Except that, a roster may be altered without such notice in an emergency situation. 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.

22.5 Where an employer requires an employee without seven days’ notice and outside the excepted circumstances prescribed in clause 22.4, to perform ordinary duty at other times than those previously rostered, the employee shall be paid in accordance with the hours worked, with the addition of a daily allowance equal to 2.5% of the standard rate per week.

22.6 Provided that a part-time employee who agrees to work shift(s) in addition to those already rostered will not be entitled to the above specified allowance for the additional shift(s) worked.

23. Saturday and Sunday work

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

23.2 Provided that work in excess of the prescribed rostered hours shall be paid a loading of 100% for the excess period.

23.3 This clause shall not apply to Directors of Nursing and Deputy Directors of Nursing.

24. Breaks

24.1 Meal breaks

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

(b) Where an employee is required to remain available or on duty during a meal break, the employee will be paid overtime for all time worked until the meal break is taken.

24.2 Tea breaks

(a) Every employee will be entitled to a paid 10 minute tea break in each four hours worked or part thereof greater than two hours at a time to be agreed between the employer and employee.

(b) Subject to agreement between the employer and employee, such breaks may alternatively be taken as one 20 minute tea break.

(c) Tea breaks will count as time worked.

25. Overtime

25.1 Overtime penalty rates

(a) Hours worked in excess of the ordinary hours on any day or shift prescribed in 19—Hours of work, are to be paid as follows:

(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.

(b) Overtime does not apply in the case of a Director of Nursing in an institution where a Deputy or Assistant Director of Nursing is also employed.

(c) In calculating payment of overtime, each period of overtime shall stand alone.

25.2 Part-time employees

All time worked by part-time employees in excess of the rostered daily ordinary full-time hours will be overtime and will be paid as prescribed in clause 25.1.

25.3 Time off instead of payment for overtime

(a) By agreement between the employer and employee, an employee may take time off instead of receiving payment for overtime at a mutually agreed time.

(b) The employee may take one hour of time off for each hour of overtime plus a period of time equivalent to the overtime penalty incurred.

25.4 Rest period after overtime

(a) When overtime work is necessary, it will, wherever reasonably practicable, be so arranged that employees have at least 10 consecutive hours off duty between the work of successive days or shifts, including overtime.

(b) An employee, other than a casual employee, who works so much overtime between the termination of their ordinary work on one day and the commencement of their ordinary work on the next day, that they have not had at least 10 consecutive hours off duty between those times, will be released after completion of such overtime, until they have had 10 consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

(c) If, on the instruction of the employer, an employee resumes or continues to work without having had 10 consecutive hours off duty, they will be paid at the rate of double time until released from duty for such period. The employee will then be entitled to be absent until they have had 10 consecutive hours off duty without loss of pay for rostered ordinary hours occurring during the absence.

25.5 Rest break during overtime

An employee working overtime will take a paid rest break of 20 minutes after each four hours of overtime worked if required to continue to work after the break.

25.6 Recall to work when on call

An employee, who is required to be on call and who is recalled to work, will be paid for a minimum of three hours’ work at the appropriate overtime rate.

Where recall to duty can be managed without the employee having to return to the workplace, such as by telephone, the employee will be paid a minimum of one hour’s overtime, provided that multiple recalls within a discrete hour will not attract additional payment.

25.7 Recall to work when not on call

(a) An employee who is not required to be on call and who is recalled to work after leaving the employer’s premises will be paid for a minimum of three hours’ work at the appropriate overtime rate.

(b) The time spent travelling to and from the place of duty will be deemed to be time worked. Except that, where an employee is recalled within three hours of their rostered commencement time, and the employee remains at work, only the time spent in travelling to work will be included with the actual time worked for the purposes of the overtime payment.

(c) An employee who is recalled to work will not be obliged to work for three hours if the work for which the employee was recalled is completed within a shorter period.

(d) If an employee is recalled to work, the employee will be provided with transport to and from their home or will be refunded the cost of such transport.

26. Shiftwork

26.1 Shift penalties

(a) In addition to any other rates prescribed elsewhere in this award an employee whose rostered hours of ordinary duty finish between 6.00 p.m. and 8.00 a.m. or commence between 6.00 p.m. and 6.30 a.m. shall be paid an amount equal to 2.5% of the standard rate as defined per rostered period of duty.

(i) Provided that in the case of an employee working on any rostered hours of ordinary duty, finishing on the day after commencing duty or commencing after midnight and before 5.00 a.m. he or she shall be paid an amount equal to 5% of the standard rate as defined per rostered period of duty for any such period of duty.

(b) Provided further that this clause shall not apply to Director of Nursing and Deputy Director of Nursing.

26.2 The shift penalties prescribed in clause 26.1 are to be paid on all days of the week, including public holidays, and are in addition to the extra payments prescribed in clause 23—Saturday and Sunday work and clause 31—Public holidays.

Part 6—Leave and Public Holidays

27. Annual leave

Annual leave is provided for in the NES. This clause contains additional provisions.

27.1 Quantum of annual leave

(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 week’s annual leave provided by the NES, a shiftworker is defined as an employee who:

(i) is regularly rostered over seven days of the week; and

(ii) regularly works on weekends.

(c) To avoid any doubt, this means that an employee who is not a shiftworker for the purposes of clause 27.1(b) above is entitled to five weeks of paid annual leave for each year of service with their employer, and an employee who is a shiftworker for the purposes of clause 27.1(b) above is entitled to six weeks of paid annual leave for each year of service with their employer.

27.2 Taking of leave

Annual leave will be given and taken within six months of the employee becoming entitled to annual leave of more than five weeks.

27.3 Payment for annual leave

Before going on annual leave, an employee will be paid the amount of wages they would have received for ordinary time worked had they not been on leave during that period.

27.4 Annual leave loading

(a) In addition to their ordinary pay, an employee, other than a shiftworker, will be paid an annual leave loading of 17.5% of their ordinary pay on a maximum of 152 hours/four weeks annual leave per annum.

(b) Shiftworkers, in addition to their ordinary pay, on each week of leave granted will be paid the higher of:

(i) an annual leave loading of 17.5% of ordinary pay; or

(ii) the weekend and shift penalties that the employee would have received had they not been on leave during the relevant period.

27.5 Payment of annual leave on termination

On the termination of their employment, an employee will be paid their untaken annual leave and pro rata leave.

28. Personal/carer’s leave and compassionate leave

28.1 Personal/carer’s leave and compassionate leave are provided for in the NES. This clause contains additional information in relation to personal/carer’s leave only. Clause 28.3 is inclusive of and is not in addition to the NES entitlement to paid personal/carer’s leave. The provisions in clauses 28.3-28.7are in addition to the NES entitlements.

28.2 An employee is entitled to the following amount of paid personal/carer’s leave:

(a) up to 7 hours and 36 minutes, for each month of service in the first year of service;

(b) up to 106 hours and 24 minutes, in each year in the second, third and fourth years of service;

(c) up to 159 hours and 36 minutes in the fifth and following years of service.

(d) In respect of part-time employees, the entitlement shall be on a pro rata basis of time worked.

An employee is entitled to take any amount of accrued personal/carer’s leave in any year as carer’s leave.

28.3 Transfer of Business

Where there is a transfer of business from one employer to another employer covered by this award, a transferring employee shall have the amount of accumulated personal/carer’s leave which exceeds 224 hours disregarded.

28.4 Portability of Personal/Carer’s Leave

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

· an Institution registered and subsidised under the Hospitals and Charities Act 1958, the Health Services Act 1988; or

· the Fairfield Hospital Board; or

· of the Cancer Council of Victoria; or

· of the Victorian Bush Nursing Association (Incorporated); or

· a Bush Nursing institution; or

· a Statutory Authority

moves to:

· another Institution registered and subsidised under the Hospitals and Charities Act 1958, the Health Services Act 1988; or

· the Fairfield Hospital Board; or

· the Cancer Council of Victoria; or

· the Victorian Bush Nursing Association (Incorporated); or

· a Bush Nursing institution; or

· a Statutory Authority;

accumulated Personal/Carer’s Leave to his or her credit up to a maximum of 180 working days shall be credited to such employee in his or her new employment.

The new employer may require an employee to produce a written statement from his or her previous employer specifying the amount of accumulated personal leave standing to the credit of such employee at the time of leaving that previous employment.

(b) 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 of the employers at clause 28.4(a) and another, 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.

(c) Provided further that where any employee for the sole purpose of undertaking a course of study related to nursing is with the written approval of the employer absent without pay for up to but not exceeding 104 weeks, or in the case of Enrolled Nurses—52 weeks, such absence shall not be deemed to have broken continuity of service but shall not be counted in aggregating service for the purpose of establishing entitlement to Personal/Carer’s Leave portability.

28.5 Personal/Carer’s Leave to attend appointment

Where an employee is absent from duty on account of a disability (but not deemed unfit for work) or required to attend a chiropodist/podiatrist, chiropractor, dentist, optometrist, osteopath, physiotherapist or psychologist, the employee shall be granted out of personal/carer’s leave entitlements leave of absence for a period not exceeding five working days in aggregate in any year of service from date of anniversary.

28.6 Evidence supporting claim

In the event of an employee becoming sick and

· certified as such by a registered medical practitioner or registered health practitioner approved by the employer; or

· on the production of a Statutory Declaration signed by the employee with respect to absences on three occasions in any one year such occasions not exceeding three consecutive working days,

he or she shall be entitled to personal leave on full pay.

28.7 Provided that any employee may be absent through sickness for one day without furnishing evidence of such sickness as provided in clause 28.6, on not more than three occasions in any one year of service.

29. Community service leave

Community service leave is provided for in the NES. Where the Juries Act 2000 (Vic) provides an entitlement that is more beneficial to an employee on jury service, then those provisions apply in accordance with this Act.

30. Ceremonial leave

An employee who is legitimately required by Aboriginal and Torres Strait Islander tradition to be absent from work for ceremonial purposes will be entitled to up to ten working days’ unpaid leave in any one year, with the approval of the employer.

31. Public holidays

31.1 Public holidays are provided for in the NES. This clause contains additional provisions.

31.2 An employee shall be entitled to paid time off (or penalty payments for time worked) in respect of public holidays in accordance with this clause.

31.3 Subject to clause 31.5, the public holidays to which this clause applies are the days determined under Victorian law as public holidays in respect of the following occasions:

(a) New Year’s Day, Australia Day, Christmas Day and Boxing Day; and

(b) Good Friday, the Saturday immediately before Easter Sunday, Easter Monday, Anzac Day, Queen’s Birthday and Labour Day; and

(c) Melbourne Cup Day, or in lieu of Melbourne Cup Day, some other day as determined under Victorian law for a particular locality; and

(d) any additional public holiday declared or prescribed in Victoria or a locality in respect of occasions other than those set out in clause 31.3(a).

(e) If a day or days are not determined in respect of any of the occasions specified in clauses 31.3(a), (b) or (c) under Victorian law in any year, the public holiday for that occasion will be the day or date upon which the public holiday was observed in the previous year.

31.4 Applicability of penalty payments for some public holidays falling on a weekend

When Christmas Day, Australia Day, Boxing Day, or New Year’s Day (Actual Day) is a Saturday or a Sunday, and a substitute or additional holiday is determined under Victorian law on another day in respect of any of those occasions (Other Day):

(a) Weekend Workers and casual employees shall receive penalty payments pursuant to clause 31.6 for time worked on the Actual Day or on the Other Day if the employee does not work ordinary hours on the Actual Day; and

(b) all other employees will receive penalty payments pursuant to clause 31.6 for time worked on the Other Day.

31.5 Substitution of one public holiday for another

(a) An employer and its employees may agree to substitute another day for any prescribed in this clause (other than Christmas Day, Boxing Day, New Year’s Day and Australia Day). For this purpose, the consent of the majority of affected employees shall constitute agreement.

(b) An agreement pursuant to clause 31.5(a) shall be recorded in writing and be available to every affected employee.

(c) The Unions covered by this award shall be informed of an agreement pursuant to clause 31.5(a) and may within seven days refuse to accept it. The Unions will not unreasonably refuse to accept the agreement.

(d) If a Union covered by this award refuses to accept an agreement, the parties will seek to resolve their differences to the satisfaction of the employer, the employees and the Union.

31.6 Penalty Payments in respect of public holidays

(a) An employee, other than a casual, who performs work (including overtime work) on a public holiday (or where Christmas Day, Boxing Day, New Year’s Day or Australia Day fall on a weekend, the day to which penalty rates apply pursuant to clause 31.4) shall be entitled to be paid;

(i) 200% (based on 1/38th of the weekly rate set out in Schedule A and the percentages in clause 13.2 if applicable) for the time worked on a public holiday Monday to Friday; or

(ii) 250% (based on 1/38th of the weekly rate set out in Schedule A and the percentages in clause 13.2 if applicable) for the time worked on a public holiday on a Saturday or Sunday (which is inclusive of the rates in clause 23).

(b) A casual employee who performs work (including overtime work) on a public holiday (or where Christmas Day, Boxing Day, New Year’s Day or Australia Day fall on a weekend, the day to which penalty rates apply pursuant to clause 31.4) shall be entitled to be paid inclusive of the casual loading;

(i) 250% (based on 1/38th of the weekly rate set out in Schedule A and the percentages in clause 13.2 if applicable) for time worked on a public holiday Monday to Friday; or

(ii) 312.5% (based on 1/38th of the weekly rate set out in Schedule A and the percentages in clause 13.2 if applicable) for time worked on a public holiday on a Saturday or Sunday (which is inclusive of the rates in clause 23).

31.7 Accrued days off on public holidays

Where a public holiday falls on a day upon which a full-time employee would ordinarily have been required to be on duty, but the employee is on an accrued day off, another day shall be determined by the employer to be taken by the employee in lieu of the public holiday, such day to be within the same work cycle where practical.

31.8 Public holidays occurring on rostered days off

(a) Subject to clauses 31.8(b) and (c), a full-time employee shall receive a sum equal to a day’s ordinary pay for public holidays that occur on their rostered day off.

(b) Subject to clause 31.8(c), if a public holiday falls on Saturday or Sunday then clause 31.8(a) will only apply to Weekend Workers.

(c) Where on each occasion that Christmas Day, Boxing Day, New Year’s Day or Australia Day falls on a weekend, and under Victorian law an additional day or substitute day (Other Day) applies as a public holiday in respect of that occasion, and:

(i) the employee is rostered off for both the actual day and the Other Day, then only one day’s payment will be made under clause 31.8(a); or

(ii) the employee works only on one of either the actual day or the Other Day, and receives penalty rates for the day worked, the employee will not receive a payment under clause 31.8(a) in respect of the day not worked.

31.9 Part-time employees

The entitlement to public holiday benefits under this award for a part-time employee who is rostered off duty on the day on which a public holiday occurs is to be determined as follows:

(a) Where on each occasion that Christmas Day, Boxing Day, New Year’s Day or Australia Day falls on a weekend, and under Victorian law an additional day or substitute day (Other Day) applies as a public holiday in respect of that occasion, and:

(i) a part-time employee is not rostered on for both the actual day and the Other Day, then only one day’s payment will be made under this clause; or

(ii) a part-time employee works only on one of either the actual day or the Other Day, and receives penalty rates for the day worked, the part-time employee will not receive a payment in respect of the day not worked.

(b) Where a public holiday occurs on a day that a part-time employee would normally work, but the employee is not required by the employer to work on that day, the part-time employee shall be paid an amount equal to the employee’s ordinary rate of pay for the hours the employee would normally have worked on that day.

(c) Where a public holiday occurs on a day a part-time employee is not rostered to work, the part-time employee shall receive a payment in respect of that public holiday equal to their ordinary pay for the average daily hours worked by that employee over the previous six months, or their period of employment by the employer if less than six months.

Example:

Average Hours

Shift Length

Base Payment

Penalty

Payment

24 hours /

38 hours

X 8 hours

5.05 hours

5.05 hrs

(d) Notwithstanding where otherwise provided, a part-time employee who is only ever employed between a Monday to Friday, shall not receive any entitlement to the Saturday before Easter Sunday.

(e) In respect of a part-time night duty employee who is required to be on duty on the public holiday, the public holiday benefit shall apply to all of the hours of the shift worked.

(f) A night duty employee is entitled to be paid:

(i) at the appropriate public holiday rates for each hour worked on that part of a shift that falls on the public holiday; and

(ii) at the pro rata public holiday rostered off benefit for that part of a shift that falls on the public holiday that they are not rostered to work and do not work.

Example

An employee whose average hours are 0.6EFT is rostered to work from 9.30 pm to 7.30 am with the shift commencing the day before the public holiday. The hours worked between midnight and 7.30 am fall on the public holiday and from there each hour attracts the public holiday rate, e.g. 7.6 hours at double time. The same employee is not rostered to the night shift that commences on the public holiday, i.e. the shift that commences at 9 pm. The period from 9.30 pm to midnight attracts a pro-rata payment 2.5 hours x 0.6 (EFT) hours payable.

31.10 A benefit arising from clause 31.8 or 31.9 will not be diminished where an employee is required to, and does, perform recall work on that day.

31.11 For the purpose of this clause only, a Weekend Worker is an employee who works ordinary hours on a Saturday or Sunday.

32. Examination Leave

32.1 Employees shall be entitled to five days’ paid leave in any one year for the purposes of undertaking and/or preparing for examinations in a course of study. Leave entitlements pursuant to this clause shall not accumulate from year to year.

32.2 Entitlement to leave pursuant to clause 32.1 shall be available to full-time and part-time employees who are employed to work on average at least three shifts or 24 hours per week.

32.3 Entitlement to leave pursuant to clause 32.1 shall be subject to an employee having been employed by the particular establishment for 18 months immediately prior to taking of examination leave.

32.4 Entitlement to leave pursuant to clause 32.1 shall be granted for studies which are related to Classification in Grades duty requirements, relevant to advancement through the career structure and to employment at the establishment and would normally be undertaken in a Tertiary Institution.

32.5 Entitlement to leave pursuant to clause 32.1 shall be taken at a time that is mutually agreed between the employer and the employee. The employer shall not unreasonably withhold approval for such leave.

33. Parental Leave

33.1 Parental leave is provided for in the NES. This clause contains additional provisions.

33.2 Paid Parental Leave

In addition to the entitlements of any Commonwealth scheme providing for paid parental leave an employee, other than a casual employee, who has an entitlement to unpaid parental leave shall be entitled as follows:

(a) In the case of the primary care giver, 10 weeks’ paid leave,

(b) In the case of the non-primary care giver, 1 week’s paid leave.

33.3 Pre-natal appointments

An employee who is required to attend pre-natal appointments or parenting classes where such appointments or classes are only available or can only be attended during the ordinary rostered shift of an employee, may access his or her personal/carer’s leave credit on production of satisfactory evidence of attendance at such appointment or class. The employee must give the employer prior notice of the employee’s intention to take such leave.

33.4 Paid special maternity leave and other leave

An employee is also entitled to leave as follows:

(a) Where the pregnancy terminates during the first 20 weeks, the employee is entitled to access any paid and/or unpaid personal leave entitlements in accordance with the relevant personal leave provisions.

(b) Where the pregnancy terminates at or after the completion of 20 weeks gestation or the employee gives birth but the baby subsequently dies, the employee is entitled to paid special maternity leave not exceeding the amount of paid maternity leave available under clause 32.2 and, thereafter, to unpaid special maternity leave. Paid partner / paternity leave will also apply in these circumstances.

(c) If an employee takes leave for a reason outlined in clauses 33.4 (a) or 33.4(b), the employer may require the employee to provide evidence that would satisfy a reasonable person or a certificate from a registered medical practitioner. The employee will give notice to the employer as soon as practicable, advising the employer of the period or the expected period of the leave under this provision.

Schedule A—Wage Rates

[Varied by PR566806, PR579922, PR592228, PR606451, PR707562, PR718943, PR729389, PR740814, PR762234]

A.1 Registered Nurses/Midwives

[A.1 varied by PR566806, PR579922, PR592228, PR606451, PR707562, PR718943, PR729389, PR740814, PR762234 ppc 01Jul23]

	Minimum weekly rate $
Registered Nurse/Midwife Grade 2:
Year 1 (Graduate Year and standard rate for shift allowances)	1070.70
Year 2	1112.30
Year 3 (standard rate for other allowances)	1153.70
Year 4	1195.50
Year 5	1237.00
Year 6	1278.60
Year 7	1320.00
Year 8	1352.40
Year 9	1385.20
Year 10	1417.30
Clinical Nurse/Midwife Specialist	1458.90
Registered Nurse Grade 3A:
Year 1	1476.30
Year 2	1490.90
Registered Nurse/Midwife Grade 3B:
Year 1	1514.30
Year 2	1535.20
Associate Nurse Unit Manager (ANUM)
Year 1	1543.40
Year 2	1577.20
Registered Nurse/Midwife Grade 4A:
Year 1	1616.20
Year 2	1648.60
Registered Nurse/Midwife Grade 4B:
Year 1	1687.30
Year 2	1721.50
Nurse/Midwife Unit Manager (NUM)
Year 1	1806.20
Year 2	1850.70
Year 3	1894.30
Registered Nurse/Midwife Grade 5:
13-50 beds	1721.30
51-200 beds	1755.70
201-400 beds	1825.00
401-600 beds	1894.50
601 and over beds	1964.10
Nurse/Midwife Practitioner
Year 1	1894.50
Year 2	1964.10
Registered Nurse/Midwife Grade 6:
51-100 beds	1755.70
101-200 beds	1825.00
201-300 beds	1894.50
301-400 beds	1964.10
401- 500 beds	2056.70
501-700 beds	2144.90
701 and over beds	2260.90
Registered Nurse/Midwife Grade 7:
less than 13 beds	1755.70
13-24 beds	1825.00
25-50 beds	1894.50
51-100 beds	1964.10
101-200 beds	2056.70
201-300 beds	2144.90
301-400 beds	2260.90
401-500 beds	2376.50
501-600 beds	2492.30
601-700 beds	2631.20
701 and over beds	2777.30

A.2 Enrolled Nurses

[A.2 varied by PR566806, PR579922, PR606451, PR707562, PR718943, PR729389, PR740814; PR762234 ppc 01Jul23]

	Minimum weekly rate $
Trainee Enrolled Nurse
Year 1	867.90
Year 2	910.90
Enrolled Nurse Level 1
Level 1.1	1013.00
Level 1.2	1034.10
Level 1.3	1055.20
EN Level 1.4	1076.40
EN Level 1.5	1118.30
EN Level 1.6	1153.50
Enrolled Nurse Level 2
Level 2.1	1089.20
Level 2.2	1114.10
Level 2.3	1139.00
Level 2.4	1163.70
Level 2.5	1188.30
Level 2.6	1200.80
Level 2.7	1213.00
Enrolled Nurse Level 3
Level 3.1	1274.80
Level 3.2	1321.20
Level 3.3	1343.10

Schedule B—Classification Definitions and Further Definitions

B.1 General Definitions

(a) Basic training - means training for initial registration as a Registered Nurse, or where the employee is not a Registered Nurse, an undergraduate degree in Midwifery.

(b) In-service or post-basic education - education undertaken during, and in conjunction with, employment as a Registered Nurse for the purpose of obtaining a post-basic certificate of qualification in:

(i) A course approved by the Nursing and Midwifery Board of Australia for the purposes of endorsement in the relevant register.

(ii) A course requiring registration by the Nursing and Midwifery Board of Australia which shall mean maternal and child health nursing, midwifery nursing, psychiatric nursing and mental retardation nursing.

(c) In-service certificates - post-basic certificates of qualification obtained by a Registered Nurse as a result of in-service or post-basic training:

(i) Certificates obtained for courses approved by the Nursing and Midwifery Board of Australia for the purposes of endorsement in the relevant register.

(ii) Certificates obtained for courses requiring registration by the Nursing and Midwifery Board of Australia which shall mean maternal and child health nursing, midwifery nursing, psychiatric nursing and mental retardation nursing.

(d) Certificates - certificates held by a Registered Nurse or Midwife as a result of undertaking a course of study at the New South Wales College of Nursing or a nursing college of at least equivalent status.

(e) Diplomas and degrees - diplomas and degrees in nursing, education, or health administration held by an employee as a result of undertaking a course of study at a Registered Training Organisation, VET provider, College of Advanced Education or University.

(i) Provided that a certificate, diploma or degree which forms part of basic training as a Nurse or a Midwife shall not be covered by this subclause.

(f) Uniform - such apparel as may be required by the employer.

(g) Adjusted bed capacity - for the purposes of this part the adjusted bed capacity, subject to the provisos contained hereunder, shall be the bed capacity in the last annual return furnished by the respective Institution to the Health Department Victoria or other statutory body and, in the case of a Nurse Grade 5, 6 or 7 where applicable to the position, shall be further adjusted in respect of the number of out-patients’ attendances and maternity beds as follows.

(i) Out-patients’ attendances

· for the first 49,000 out-patients’ attendances add one bed for each 700 or part thereof.

· for the second 49,000 out-patients’ attendances add one bed for each 1400 or part thereof.

· thereafter add one bed for each 2100 or part thereof.

(h) Maternity beds

(i) One-third or part thereof of the number of maternity beds as stated in the above return shall be added to the total number of beds.

(ii) Provided that hospitals in which the chief and principal treatment is in connection with eyes, ears, nose and throat shall be classified as 301 to 400 adjusted beds, and, provided further that in the case of the undermentioned Institutions, the adjusted bed capacity shall be deemed to be as follows:

Queen Elizabeth Geriatric Centre	501 and under 601
Mount Royal	601 and over
Kingston Centre	501 and under 601
Bendigo Home and Hospital	501 and under 601
Mt. Alexander-Alexander division	401 and under 501
Grace McKellar House	401 and under 501
Greenvale Village	401 and under 501
Caulfield Hospital	401 and under 501
East Gippsland Centre	201 and under 301
Mount Eliza Geriatric	301 and under 401
Ovens and Murray Home	201 and under 301

B.2 Registered Nurses – Definitions

(a) No Lift Coordinator - A Registered Nurse appointed as such and who is responsible for co-ordinating the implementation and maintenance of no-lift practices and educational programs of an employer.

(b) Associate Nurse Unit Manager (ANUM) - a Registered Nurse who is appointed as such and who, within the guidelines and practices established by the Nurse Unit Manager, assists in the overall clinical and administrative management of a ward or unit and deputises for the Nurse Unit Manager when required within these limits.

(c) Nurse Unit Manager (NUM) - a Registered Nurse who is appointed as such in charge of a ward or unit

(d) Clinical Consultant - a Registered Nurse who is appointed as such to provide a clinical resource, clinical advisory/developmental role on a full-time 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.

(i) Clinical 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

(ii) Clinical Consultant B - a Registered Nurse appointed as such who fulfils the clinical consultant role as a Clinical Consultant A in her or his third and subsequent Years of Experience as a Clinical Consultant.

(iii) Clinical Consultant C - a Registered Nurse appointed as such who fulfils the clinical consultant role, and

· is the sole Registered Nurse in the specialty; or

· is in charge of a specialty team; or

· is a clinical consultant who takes referrals from, or delivers the consultancy outside more than one campus/worksite/centre of the Health Service.

(iv) Clinical Consultant D - a Registered Nurse appointed as such who fulfils the clinical consultant role and who in addition principally consults on a multi Health Service or Statewide basis.

(v) Clinical Consultant E - a Registered Nurse appointed as such who fulfils the clinical consultant role on an interstate or national basis.

(vi) Sole Registered Nurse - a clinical consultant at a particular site or campus, whether full-time or part-time who is the only nurse consultant in that clinical specialty at that site or campus. Similarly, where two or more nurses are employed in that clinical specialty at a combined EFT of one or less, but predominantly work different days or job share, the sole classification would apply.

(e) Nurse Practitioner - a Registered Nurse who has satisfactorily completed a course of study and undertaken clinical experience that, in the opinion of the Nursing and Midwifery Board of Australia, qualifies the nurse to use the title Nurse Practitioner.

(f) Nurse Practitioner Candidate - a Nurse Practitioner candidate shall mean a Registered Nurse engaged to undertake a course of study and undertake clinical experience leading to endorsement as a Nurse Practitioner.

(g) Director of Nursing - a Registered Nurse appointed as the principal nursing executive officer, however styled, and who is responsible for the nursing service and any other service (including the training of nurses).

(h) Deputy Director of Nursing - a Registered Nurse appointed as such and who deputises for the Director of Nursing and assists in nursing administration.

(i) Assistant Director of Nursing - a Registered Nurse appointed as such who assists and relieves the Director of Nursing and/or Deputy Director of Nursing and who has special or supervisory responsibilities beyond those of a Supervisory Nurse.

(j) Night Nurse in Charge - a Registered Nurse appointed as such to be in charge of a hospital, or a facility, at night.

(k) Supervisor - a Registered Nurse appointed as such and who has special or supervisory responsibilities beyond those of a NUM.

(l) Nurse Education definitions

(i) Principal Educator - a Registered Nurse (holding a Diploma in Nursing Education or qualification acceptable to the employer) appointed as such to be responsible to the Director of Nursing (as defined) for the administration of a school of nursing and for the overall planning, organisation and implementation of nursing education programmes.

(ii) Deputy Principal Educator - a Registered Nurse (holding a Diploma in Nursing Education or a qualification acceptable to the employer) appointed as such and who deputises for the Principal Educator and is also responsible for an area/areas of administration and teaching.

(iii) Educator - a Registered Nurse appointed as such, employed to teach the theory and practice of nursing.

· Educator - Course/Phase/In-service continuing education - a Registered Nurse appointed as such, employed to teach the theory and practice of nursing and who has administrative and educational responsibilities including curriculum development (additional to those of “Educator” [as defined]):Co-ordinators of Nursing and Midwifery Board of Australia approved courses; or

· Co-ordinators of major phases of the general nurse programme (however styled); or

· Co-ordinators of in-service continuing education (staff development) programmes.

(m) District Nurse definitions

(i) District Nurse Level 1 - a Registered Nurse appointed as such and employed by any employer.

(ii) District Nurse Level 2 - A Registered Nurse with one or more Years of Experience as a District Nurse or with comparable community nursing experience. As part of the performance of the duties of this classification, a District Nurse level 2 will, if required by the employer, undertake functions that could be expected of an experienced employee such as orientation of new staff members and acting as a support person for inexperienced District Nurses, with these functions forming a part of position descriptions for District Nurses Level 2.

(iii) Assistant Supervisor - District Nursing - a Registered Nurse with at least three Years of Experience appointed as such and employed by any employer and who has additional responsibilities to a District Nurse.

(iv) Clinical Co-ordinator - District Nursing - a Registered Nurse appointed as such with experience as a District Nurse Level 2, with responsibilities to coordinate patient care within one or more local government areas.

(v) Liaison Officer - District Nursing - a Registered Nurse appointed as such with at least three Years of Experience in district nursing with responsibilities related to discharge planning and coordination services between hospitals and district nursing services.

(vi) Supervisor - District Nursing - a Registered Nurse with at least three Years of Experience appointed as such and who has special responsibilities beyond those of a District Nurse.

(vii) Senior Supervisor - District Nursing - a Registered Nurse appointed as such and who has special or supervisory duties beyond those of a Supervisor.

(viii) Deputy Director of Nursing - (Other District Nursing Service) - a Registered Nurse appointed as such and who deputises for the Director of Nursing Service and assists in the nursing administration of the District Nursing Service (however styled).

(ix) Director of Nursing - (Other District Nursing Service) - a Registered Nurse appointed as the principal nursing executive officer of a District Nursing Service (however styled) and who is responsible for the nursing service.

(n) Occupational health definitions

(i) Occupational Health Nurse (where more than one employed) - a Registered Nurse engaged in occupational health nursing in connection with any industrial or commercial undertaking and who carries out her/his nursing duties under the direction of a nursing supervisor.

(ii) Occupational Health Nurse (Sole) - a Registered Nurse engaged in occupational health nursing in connection with any industrial or commercial undertaking and who is employed to take charge of the medical centre and all matters concerned with the occupational health, medical and nursing services.

(iii) Occupational Health Nurse Supervisor - a Registered Nurse engaged in occupational health nursing in connection with any industrial or commercial undertaking and who supervises the work of the nursing personnel in the occupational health department or departments within the undertaking.

(o) Maternal and Child Health Nurse definitions

Maternal and Child Health Nurse - a Registered Maternal and Child Health Nurse engaged in infant welfare work or in work requiring a Maternal and Child Health qualification.

(p) Community health definitions

(i) Community Health Nurse - a Registered Nurse appointed as such and employed in a Community Health Centre.

(ii) Community Health Nurse (Sole) - a Registered Nurse who is the only community health nurse appointed as such at a particular site, whether employed on a full-time or part-time basis. This classification also applies where two or more community health nurses are employed but predominantly work different days or job share.

(iii) Community Health Nurse (In charge) - a Registered Nurse appointed as the nurse in charge, nurse co-ordinator or other community health nurse, however styled, who is in charge of or directs the activities of other employees of a Community Health Centre (whether Registered Nurses or not).

(q) Clinical Nurse Specialist (CNS)

(i) Means a Registered Nurse:

· appointed to the grade with either specific post basic qualifications and 12 month’s Experience working in the clinical area of her/his specified post basic qualification, and is responsible for clinical nursing duties, or minimum of four years post registration Experience, including three years’ Experience in the relevant specialist field; and

· who meets the criteria set out at Schedule D—Clinical Nurse Specialist Criteria.

(ii) Applicants must meet the above definition, be employed either full-time or part-time and demonstrate the criteria in each of clause D.1, D.2and D.3 of Schedule D—Clinical Nurse Specialist Criteria

(iii) The process for applications for CNS positions will be as follows:

· each employer will arrange for the advertising of positions once every six months. This information to be permanently available for nursing staff;

· written applications are to be made to the NUM;

· Interviews, if required, will be conducted by the NUM, ANUM or Educator and one other;

· some health agencies (for example, where service delivery is similar across the facility) may wish to operate with an “umbrella” committee for the purpose of interviews;

· the successful applicant will be notified in writing within seven days. The pay office will be informed of the new classification at the same time, with implementation to occur from the next pay period;

· if the applicant is unsuccessful they are to be notified of the outcome within seven days. An explanation will be given to the applicant as to the reasons for the decision;

· each employer will implement an appeal process. The appeal to be lodged by the applicant within two weeks of receiving the rejection letter and heard by the Appeal Committee within four weeks. The applicant may at this stage seek advice and assistance from the ANMF;

· appeals will be directed to the DON or nominee. An independent panel will be convened, consisting of a DON or nominee, NUM, CNS or other nominee as appropriate, other than those involved in the original decision.

(iv) Clinical Support Nurse - A Registered Nurse appointed as such and who is responsible for providing direct clinical support and instruction to, and for mentoring graduate, newly appointed or less experienced employees to develop high quality clinical care skills. This classification is supernumerary (does not carry a clinical case load). The responsibilities of a Clinical Support Nurse may extend over numerous units or wards.

(r) Day Hospital definitions

(i) Day Hospital - an extension of acute hospital services, providing a range of services, including medical and nursing supervision, physiotherapy, occupational therapy, speech therapy, chiropody and social work counselling on an out-patient basis.

(ii) Day Hospital Co-ordinator Level 1 - A Registered Nurse appointed as such who under limited supervision has responsibility for the coordination of services of a Day Hospital.

(iii) Day Hospital Co-ordinator Level 2 - A Registered Nurse appointed as such who, without supervision has total responsibility for the coordination of a Day Hospital including:

· Preparation of and adherence to the budget of the Day Hospital.

· Staff selection (non-professional staff) and participation in selection of professional staff.

· Policy formulation.

· Administration - the Day Hospital Co-ordinator Level 2 will be recognised as a Department Head and will be responsible for all day to day administration of a Day Hospital.

B.3 Enrolled Nurses

(a) Enrolled Nurse Level 1 (EN1)

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

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.

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

There is no automatic progression for an EN1 with a medication administration notation to the EN2 classification.

(b) Enrolled Nurse Level 2 (EN2)

Cert IV Entry - EN2.1 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 EN2.6.

EN2.1 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.

Diploma Entry - EN2.3 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 EN2.7

EN2.3 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.

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

There is no automatic progression for an EN2 to the EN3 classification.

EN3.1 applies to an Enrolled Nurse who does not hold a NMBA approved qualification in administration of medicines but who meets the criteria described below.

EN3.2 applies to an Enrolled Nurse with an Administration of Medication Scope of up to four routes and who meets the criteria described below.

EN3.3 applies to an Enrolled Nurse who holds a NMBA approved qualification in administration of medicines with an Administration of Medication Scope of up to five routes and who meets the criteria described below.

(d) Enrolled Nurse Level 3 Advancement Criteria

To meet the advancement criteria, an Enrolled Nurse is to meet the eligibility criteria below before making an application.

The eligibility criteria are:

· Can provide evidence of achievement of four out of the ten Advanced Enrolled Nurse Level 3 Competency Standards below; AND

· either:

A minimum of four years post registration experience as an Enrolled Nurse;

OR

A post registration qualification (of at least 6 months or 200 hours duration), a component of which is relevant to the role.

(e) Advanced Enrolled Nurse Level 3 Competency Standards:

The following are examples of competency standards that meet the criteria described below. [Explanatory note - The parties recognise that additional opportunities may exist that are comparable in terms of skill or responsibility to those below. A lack of opportunity to meet sufficient standards is not to be used as a rationale for denying an employee classification at EN3.]

Contributes to the education of new graduate Enrolled Nurses and/or Trainee Enrolled Nurses. For example, the Advanced Enrolled Nurse may precept or mentor new graduate Enrolled Nurses, and/or Trainee Enrolled Nurses or contribute to the performance appraisal of less experienced Enrolled Nurses.

The Enrolled Nurse is involved in committees and working parties within and/or beyond the work unit.

Assists in the coordination of delegated activities of other staff under the guidance and direction of the Registered Nurse. For example, guides and supports activities of other Enrolled Nurses.

Act as a resource to others. For example, may take responsibility for a specific task, such as equipment maintenance schedules, budgets, rosters or stock control.

Contributes to quality improvement within their work area or the workplace and/or changes in enrolled nursing practice initiatives. For example, identifies risks and potential outcomes during assessments or identifies and implements harm minimisation strategies.

Practises 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.

Modifies practice to accommodate patient/client health care needs of individuals and groups in different environments. For example, contributes to effective utilisation of nursing resources in the context of changing workloads or responds effectively to changes in clinical situations.

Undertakes an additional responsibility either individually or as part of a clinical/quality team e.g. resource nurse, occupational health and safety rep, No-lift/back attack/smart moves/back off/ back 4 life portfolio, alcohol and other drugs portfolio, continence resource officer, ACFI officer, infection control, falls prevention, pressure ulcer prevention, mental health portfolio, rehabilitation program co-ordination, Quality Improvement activities.

Is aware of and functions in accordance with legislation, policies and procedures affecting enrolled nursing practice. For example, able to discuss the implications of Acts and legislation governing practice.

Actively participates in team leadership and decision making. For example, participates in quality improvement activities or orientates new staff to local practices.

(f) Portability of EN3 classification

An Enrolled Nurse classified at EN3 shall be paid for all hours worked at the EN3 classification and continue to be employed at Level 3 across the public sector including in the event they change employer.

Evidence required to demonstrate EN3 to a new employer shall be any one of the following:

· Payslip; or

· Certificate of Service; or

· Letter of appointment

(g) Applications for advancement to EN3

Application principles

The process for applications for Enrolled Nurse Level 3 should ensure that applicants have equal opportunity to demonstrate their suitability.

Applicants should have reasonable access to the same information relevant to the Level 3 criteria.

No restrictions, other than the set eligibility requirements, are to apply.

Potential applicants should be allowed reasonable time to prepare for the process.

(h) Application process

Applications will be considered by the employer twice per year. Applications will open for a period of 14 days.

Written applications are to be made to the Nurse Unit Manager (or equivalent position).

The written application must address the criteria in this award, including:

evidence of achievement of four out of ten of the Advanced Enrolled Nurse Level 3 criteria; and either:

A minimum of four years post registration experience as an Enrolled Nurse;

OR

A post registration qualification (of at least 6 months or 200 hours duration), a component of which is relevant to the role

Interviews, if required:

· Will be held within 10 days of the closure of applications.

· Will be conducted at the local level by the NUM (or equivalent position) and may also include up to two other nursing staff such as an ANUM or Nurse Educator.

· Must relate directly to the Advanced Enrolled Nurse Level 3 criteria, and the supporting evidence within the application.

The Enrolled Nurse will be notified in writing of the outcome within 7 days of the closing of applications, or where there is an interview, within 7 days after the interview.

For successful applicants, re-grading will apply from the date of application and be payable from the next fortnightly pay period after notification of a successful application.

If the application is unsuccessful, the employer is to provide detailed written feedback aligned with the criteria, with a supportive development plan to be commenced to assist the Enrolled Nurse in any future application.

‘Year of experience’ has the same meaning as ‘experience’ as provided in clause 3.

(i) Recruitment and appointment to EN (new or vacant positions)

An employer may advertise an EN vacancy as an EN1, EN2 or EN3 position, dependent upon the role.

A position will be advertised at EN3 where the work to be performed by the successful applicant is intended to include four or more of the criteria described below.

Appointment of an EN1 will only occur where the successful applicant does not hold a NMBA approved qualification in administration of medicines.

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.

Appointment to EN3 position will apply where:

The successful applicant has applied for a position advertised as EN3; or

A decision is made on interview to classify the applicant as EN3; or

The successful applicant provides acceptable evidence that they are an existing EN3. Acceptable evidence includes:

· Payslip; or

· Certificate of Service; or

· Letter of appointment.

Schedule C—Classification in Grades

C.1 Graduate Nurse/Midwife

(a) A Registered Nurse or Midwife (being a Midwife who does not have Experience as a Registered Nurse) shall enter at Grade 2 Year 1.

(b) A Enrolled Nurse who completes an undergraduate course which leads to registration and is subsequently registered as a Registered Nurse will commence at the Grade 2 increment immediately above the rate of pay, including qualification allowance (where applicable) applicable to that employee.

C.2 Midwifery student

(a) A Registered Nurse who is undertaking study leading to registration as a midwife.

(b) A midwifery student shall be paid for that period of duty, other than periods of clinical placement, at her/his appropriate rate of pay according to her/his grading, sub-grading and Years of Experience as a Registered Nurse. The period for which a Registered Nurse is paid for the purposes of obtaining registration as a midwife shall be counted in her/his Years of Experience as a Registered Nurse.

C.3 Post-basic student

(a) A Registered Nurse undergoing training for the purpose of obtaining a post-basic qualification.

(i) Where nurses undertake an approved post-basic in-service nursing course (other than a midwifery course) at the behest of management, they shall be paid their substantive salary.

(ii) Where nurses voluntarily undertake such a course (other than a midwifery course) they shall be paid at Grade 2 Year 3, except where they are classified at a lower rate than Grade 2 Year 3 they shall in such cases be paid their substantive salary.

(iii) The period for which a Registered Nurse undergoes training for the purpose of obtaining a post basic qualification shall be counted towards her/his Years of Experience as a Registered Nurse.

C.4 Re-entry Courses and Supervised Experience (Registered Nurses)

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

(b) For the first 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 his/her Years of Experience, but no higher than Grade 2, Year 3.

(c) After completion of 12 months’ Experience in accordance with clause C.4(a), a nurse (upon sufficient proof to support a claim for incremental advancement) shall be paid at the rate appropriate to his/her Years of Experience.

C.5 No Lift Co-ordinator

A No Lift Co-ordinator other than a person classified in accordance with Grade 4A in clause C.13 shall be paid at a Grade no less than their current classification and level.

C.6 ANUM

A Registered Nurse appointed as an Associate Nurse Unit Manager shall enter at ANUM Year 1.

C.7 NUM

A Registered Nurse appointed as a Nurse Unit Manager shall enter at NUM Year 1.

C.8 Domiciliary classifications

A Registered Nurse who at the direction of the employer undertakes work that includes Hospital in the Home or Post Acute Care, the minimum classification will be:

· exclusively to provide clinical care - Grade 3B.

· with ad hoc responsibilities beyond provision of clinical care (e.g. rostering of other staff, allocation of duties to other staff), shall be Grade 4A.

· responsible for the day to day operation of a HITH/PAC or similar service (however titled) shall be the Nurse Unit Manager rate.

Provided specifically that any employee performing this work immediately prior to the introduction of this award will remain at their current classification where that classification is higher than the classification prescribed above.

C.9 Grade 2

(a) A Registered Nurse in the first or subsequent Years of Experience as a Registered Nurse and not elsewhere classified.

(b) A Registered Nurse appointed as a District Nurse Level 1 and paid as such. The point of entry for this classification shall be the 5th Year of Experience rate of pay of Grade 2.

C.10 Clinical Nurse Specialist

A Registered Nurse appointed as a Clinical Nurse Specialist and paid as such.

C.11 Grade 3A

(a) A Registered Nurse appointed as an Occupational Health Nurse (sole) and paid as such.

(b) A Registered Nurse appointed as a District Nurse Level 2 and paid as such.

C.12 Grade 3B

(a) A Registered Nurse who at the direction of the employer undertakes exclusively clinical care in domiciliary nursing in Hospital in the Home or Post Acute Care. Provided specifically that any employee performing this work immediately prior to the introduction of this award will remain at their current classification where that classification is higher than the classification prescribed above.

(b) A Registered Nurse appointed as a Clinical Support Nurse and paid as such.

(c) A Registered Nurse appointed as a Community Health Nurse Grade 3B and paid as such.

(d) A Registered Nurse appointed as an Occupational Health Nurse Supervisor and paid as such.

C.13 Grade 4A

(a) A Registered Nurse who at the direction of the employer undertakes clinical care with ad hoc responsibilities beyond provision of clinical care (e.g. rostering of other staff, allocation of duties to other staff), including in domiciliary nursing in Hospital in the Home and Post Acute Care. Provided specifically that any employee performing this work immediately prior to the introduction of this award will remain at their current classification where that classification is higher than the classification prescribed above.

(b) A Registered Nurse appointed as a Clinical Consultant A and paid as such.

(c) A Registered Nurse appointed as an Educator in a non-major hospital with less than two Years of Experience as a Educator, and paid as such.

(d) A Registered Nurse appointed as a Community Health Nurse (sole) and paid as such.

(e) A Registered Nurse appointed as an Assistant Supervisor - District Nursing, and paid as such.

(f) A Registered Nurse appointed as a Clinical Co-ordinator, District Nursing, and paid as such.

(g) A Registered Nurse appointed as a Liaison Officer, District Nursing, and paid as such.

C.14 Grade 4B

(a) A Registered Nurse appointed as an Educator in a Major Hospital as an Educator, and paid as such.

(b) A Registered Nurse appointed as an Educator in a non-major hospital with two Years of Experience or more as an Educator, and paid as such.

(c) A Registered Nurse appointed as a Clinical Consultant B and paid as such.

(d) A Registered Nurse appointed as a Community Health Nurse (in-charge) and paid as such.

(e) A Registered Nurse qualified and appointed as a Maternal and Child Health Nurse and paid as such.

(f) A Registered Nurse appointed as a Day Hospital Co-ordinator (Public Sector) Level 1 with no automatic progression to Level 2 and paid as such.

C.15 Associate Nurse Unit Manager

A Registered Nurse appointed as an Associate Nurse Unit Manager and paid as such.

C.16 Nurse Unit Manager

(a) A Registered Nurse appointed as a Nurse Unit Manager and paid as such.

(b) A Registered Nurse responsible for the day to day operation of a HITH/PAC or similar service (however titled). Provided specifically that any employee performing this work immediately prior to the introduction of this award will remain at their current classification where that classification is higher than the classification prescribed above.

C.17 Grade 5

(a) A Registered Nurse appointed as a Clinical Consultant C and paid as such. The first year rate of pay for this classification shall be the Grade 5 (51-200 beds). Thereafter the rate of pay for this classification shall be the Grade 5 (201-400 beds).

(b) A Registered Nurse appointed as an Assistant Director of Nursing and paid as such.

(c) A Registered Nurse appointed as a Night Nurse in Charge and paid as such.

(d) A Registered Nurse appointed as a Deputy Principal Educator and paid as such.

(e) A Registered Nurse appointed as a Day Hospital Co-ordinator (Public Sector) Level 2 and paid as such. The rate of pay for this classification shall be at the Grade 5 (51-200 beds).

(f) A Registered Nurse appointed as an Educator-Course /Phase /Inservice / Continuing Education and paid as such. The first year rate of pay for this classification shall be the Grade 5 (51-200 beds). Thereafter, the rate of pay for this classification shall be the Grade 5 (201-400 beds).

C.18 Nurse Practitioner

(a) A Registered Nurse engaged as a Nurse Practitioner candidate (as defined) shall be classified and paid their substantive salary.

(b) A Registered Nurse appointed as a nurse practitioner (as defined) during his/her first year of experience as a nurse practitioner shall be classified and paid at Nurse Practitioner Year 1.

(c) A Registered Nurse appointed as a nurse practitioner (as defined) during his/her second and subsequent years of experience as a nurse practitioner shall be classified and paid at Nurse Practitioner Year 2.

(d) A Candidate shall be entitled to be classified and paid as a Nurse Practitioner once endorsed by the Nursing and Midwifery Board of Australia, effective from the first pay period on or after the date of application for endorsement, until such time as the period of candidature is complete.

(e) For the purpose of the above clauses Experience gained whilst employed in a pilot project shall count for advancement to Nurse Practitioner Level 2 provided the pilot project and the Nurse Practitioner position are in the area of advanced practice for which the nurse has been endorsed.

C.19 Grade 6

(a) A Registered Nurse appointed as a Clinical Consultant D and paid as such. The rate of pay for this classification shall be at the Grade 6 (301-400 beds).

(b) A Registered Nurse appointed as a Deputy Director of Nursing and paid as such.

(c) A Registered Nurse appointed as a Principal Educator and paid as such.

(d) A Registered Nurse appointed as a Deputy Director of Nursing/ other District Nursing Service, and paid as such. The rate of pay for this classification shall be at the Grade 6 (101-201 beds).

C.20 Grade 7

(a) A Registered Nurse appointed as a Clinical Consultant E and paid as such. The rate of pay for this classification shall be the Grade 7 (401-500 beds).

(b) A Registered Nurse appointed as a Director of Nursing and paid as such.

(c) A Registered Nurse appointed as a Director of Nursing/Other District Nursing Service and paid as such. The rate of pay for this classification shall be at the Grade 7 (51-100 beds).

Schedule D—Clinical Nurse Specialist Criteria

Applicants must meet the clinical nurse specialist definition, be employed either full-time or part-time and demonstrate one criterion in each of clauses D.1, D.2and D.3.

D.1 Clinical Skill

(a) Higher level of skill demonstrated in clinical decision making - in particular in problem identification and solution, and analysis and interpretation of clinical data;

(b) Maintenance and improvement of clinical standards.

D.2 Professional Behaviour

(a) Positive role model;

(b) Act as a mentor or preceptor to less experienced nurses, including graduate nurses;

(c) Support of, and contribution to, quality improvement and research projects within the area of practice and ward/unit/department;

(d) Acting as a resource person to others in relation to clinical practice.

D.3 Professional Development

(a) Membership of relevant professional body, and ability to demonstrate and document:

(i) learning from a journal article, or attendance at a conference or seminar, or reflection on seminar or conference papers; or

(ii) participation in effective learning activities relevant to their learning needs; or

(iii) membership of a sub-grouping of the professional association relevant to their area of practice;

(b) Contribution to the education of other professionals, for example, being willing to provide at least one in-service education program each year;

(c) Undertaking own planned professional development and competence through various forms of continuing education, for example, conferences, study days, formal study, reading.

Details

Title: Nurses and Midwives (Victoria) State Reference Public Sector Award 2015
Code: MA000125

Effective:

Updated:

Instrument Type: Modern Award

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MA000125

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Modern award and related determinations on the Find My Award tool or otherwise on the Fair Work Ombudsman’s website display content taken from the Fair Work Commission’s website. The Fair Work Commission and Fair Work Ombudsman take care to ensure that modern award and related determination copies are accurate at the time of publication but do not guarantee, and accept no legal liability whatsoever arising from or connected to, the accuracy, reliability, currency or completeness of the information displayed by the Find My Award tool or otherwise on the Fair Work Ombudsman’s website or resources.

Any data extracts must be read in conjunction with the provisions in the modern award. These copies and extracts are not a substitute for independent professional advice and users should obtain any appropriate professional advice relevant to their particular circumstances.

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