Nurses' (Private Hospitals) Award
1. - TITLE
This award shall be known as the "Nurses' (Private Hospitals) Award" and replaces Award No 8 of 1958 (as amended).
1B. - MINIMUM ADULT AWARD WAGE
(1)No employee aged 21 or more shall be paid less than the minimum adult award wage unless otherwise provided by this clause.
(2)The minimum adult award wage for full-time employees aged 21 or more is $708.90 per week payable on and from the commencement of the first pay period on or after 1 July 2017.
(3)The minimum adult award wage is deemed to include all State Wage order adjustments from State Wage Case Decisions.
(4)Unless otherwise provided in this clause adults employed as casuals, part-time employees or piece workers or employees who are remunerated wholly on the basis of payment by result shall not be paid less than pro rata the minimum adult award wage according to the hours worked.
(5)Employees under the age of 21 shall be paid no less than the wage determined by applying the percentage prescribed in the junior rates provision in this award to the minimum adult award wage.
(6)The minimum adult award wage shall not apply to apprentices, employees engaged on traineeships or Jobskill placements or employed under the Commonwealth Government Supported Wage System or to other categories of employees who by prescription are paid less than the minimum award rate, provided that no employee shall be paid less than any applicable minimum rate of pay prescribed by the Minimum Conditions of Employment Act 1993.
(7)Liberty to apply is reserved in relation to any special category of employees not included here or otherwise in relation to the application of the minimum adult award wage.
(8)Subject to this clause the minimum adult award wage shall –
(a)Apply to all work in ordinary hours.
(b)Apply to the calculation of overtime and all other penalty rates, superannuation, payments during any period of paid leave and for all purposes of this award.
(9)Minimum Adult Award Wage
The rates of pay in this award include the minimum weekly wage for employees aged 21 or more payable under the 2017 State Wage order decision. Any increase arising from the insertion of the minimum wage will be offset against any equivalent amount in rates of pay received by employees whose wages and conditions of employment are regulated by this award which are above the wage rates prescribed in the award. Such above award payments include wages payable pursuant to enterprise agreements, consent awards or award variations to give effect to enterprise agreements and over award arrangements. Absorption which is contrary to the terms of an agreement is not required.
Increases under previous State Wage Case Principles or under the current Statement of Principles, excepting those resulting from enterprise agreements, are not to be used to offset the minimum wage.
(10)Adult Apprentices
(a)Notwithstanding the provisions of this clause, an apprentice, 21 years of age or more, shall not be paid less than $607.60 per week on and from the commencement of the first pay period on or after 1 July 2017.
(b)The rate paid in the paragraph above to an apprentice 21 years of age or more is payable on superannuation and during any period of paid leave prescribed by this award.
(c)Where in this award an additional rate is expressed as a percentage, fraction or multiple of the ordinary rate of pay, it shall be calculated upon the rate prescribed in this award for the actual year of apprenticeship.
(d)Nothing in this clause shall operate to reduce the rate of pay fixed by the award for an adult apprentice in force immediately prior to 5 June 2003
2. - ARRANGEMENT
PART I
1.Title
1B.Minimum Adult Award Wage
2.Arrangement
2A.No Extra Claims
3.Scope
4.Area
5.Term
6.Definitions
7.Average Occupied Beds
8.Hours
9.Overtime
10.Annual Leave
10A.Public Holidays
11.Sick Leave
12.Contract of Service
13.Student Nurses
14.Laundry and Uniforms
15.Time and Wages Book
16.Interviews
17.Rosters
18.Living Allowances and Accommodation
19.Meal and Meal Hours
20.Board of Reference
21.On Call
22.Part-time Employees
23.Casuals
24.Temporary Employees
25.Other Provisions
26.Long Service Leave
27.Award Not to Affect Present Wages and Privileges
28.Higher Duties
29.Wages
30.Location Allowance
31.Shift Work
32.Calculation of Penalties
33.Maternity Leave
34.Effect of 38 Hour Week
35.Payment of Wages
36.Bereavement Leave
37.Leave Without Pay
38.Compaction of Leave
39.Enterprise Agreements
40.Deleted
PART II
41.Long Service Leave
42.Sick Leave
43.Dispute Settlement Procedure
Appendix - Resolution of Disputes Requirement
Appendix - Rostering Provisions
Schedule A
Schedule of Respondents
Appendix - S.49B - Inspection Of Records Requirements
2A. - NO EXTRA CLAIMS
It is a term of this Award arising from the decision of the Western Australian Industrial Relations Commission in the State Wage Case of June 1991, (the terms of which are set out in Decision No. 704 of 1991) that the Federation will not pursue any extra claims, award or overaward, except where consistent with the principles determined by the Commission in Court Session.
3. - SCOPE
Part I of this award shall apply to all registered nurses and student nurses in the employ of the respondents to this award provided that the provisions contained in Part II of this award shall be applied in substitution for the provisions contained in the Clauses of the same title in Part I of the award only by the Association of the Blind of W.A. (Inc.) and the Spastic Welfare Association of W.A. (Inc.).
4. - AREA
This Award shall have effect throughout the State of Western Australia excluding those areas occupied by the Ngal-a Mothercraft Home and Training Centre Incorporated and the Home of Peace Incorporated.
5. - TERM
The term of this award shall be for a period of three years as from the beginning of the first pay period commencing after the 22nd day of July, 1966.
6. - DEFINITIONS
"Accrued Day(s) Off" means paid days off accruing to an employee resulting from an entitlement to the 38 hour week as prescribed by Clause 8 - Hours of this award.
"Nurse" a person who is registered or entitled to be registered in Western Australia under the Nurses Act 1968-1980.
"Student Nurse" a pupil undergoing training in a registered training school.
"Training School" one which is registered as such under the Nurses Act 1968.
"The Federation" means the Royal Australian Nursing Federation (Western Australian Branch) Industrial Union of Workers Perth.
Section A
"Area Manager" Level 2 means a nurse who is responsible for management of a specific ward, department or floor of the hospital.
"Clinical Nurse" Level 2 means a nurse who is responsible for direct patient care of a specific caseload and clinical supervision of nurses at Level 1.
"Clinical Nurse Specialist" Level 3 means a nurse who may be responsible for direct patient care of a specific caseload, and who provides advice/resources for nursing practice to nurses in addition to the clinical supervision of nurses in a specified ward, department or floor of the hospital.
"Clinical Instructor" Level 2 means a nurse who is responsible in a full time capacity for the practical instruction of student nurses and enrolled nurses.
"Co-ordinator Clinical Nursing" Level 4 means a nurse who is responsible for the overall planning, organising, implementation and evaluation of nursing practice.
"Co-ordinator Nursing Management" Level 4 means a nurse with responsibility for the appointment, deployment, retention, promotion or dismissal of nursing personnel, as well as the staffing budget allocation of the hospital.
"Co-ordinator Nursing Research" Level 4 means a nurse who has overall responsibility for the planning implementation and personnel and budgetary management of nursing research programmes.
"Co-ordinator Nursing Staff Development/Education" Level 4 means a nurse who is responsible for the overall planning, personnel and budgetary management of an in-service education programme and the education division within a hospital.
"Director of Nursing" means a registered nurse with overall responsibility for clinical nursing, and nursing management, and where applicable nursing education and/or research.
"Nurse Educator" Level 3 means a nurse appointed as such holding a Diploma of Nursing Education or a qualification acceptable to the employer who is engaged full time in the education of student nurses and/or enrolled nurses.
"Nurse Manager" Level 3 means a nurse responsible for overall management (budgetary and personnel) of a specified department or area of the hospital.
"Nursing Researcher" Level 3 means a nurse who in collaboration with the Co-ordinator Nursing Research has responsibility for the planning, implementation and evaluation of research as well as the direction and supervision of research nurses.
"Peer Assessment Panel" means a panel consisting of a nurse representative from the level to which the candidate being assessed wishes to move, a nurse representative from a level through which the candidate has already progressed or currently occupies and one other nurse, with one panel member being nominated by the nurse being assessed.
"Research Nurse" Level 2 means a nurse who is responsible for the preparation and implementation of research proposals and assists in the compilation and interpretation of results.
"Staff Development Educator" Level 3 means a nurse who in collaboration with the Co-ordinator Nursing Staff Development/Education is responsible for planning, implementing and evaluating in-service education basic or post basic educational programmes, as well as the direction and supervision of Staff Development Nurses and Clinical Teachers.
"Staff Development Nurse" Level 2 means a nurse who in collaboration with his/her supervisors is responsible for implementing and evaluating in-service education as prescribed to a specified clinical area.
Section B
For the purposes of Section "B" of Clause 29 - Wages of this award the following definitions shall apply.
"Assistant Matron" a registered general nurse appointed by the employer to assist the matron in the supervision and administration of a hospital.
"Charge Nurse" a registered general nurse appointed as such to be in charge of a ward, department or floor in a hospital.
"Clinical Instructor" a registered nurse appointed as such who is engaged full time in the instruction of student nurses or enrolled nurses in practical nursing.
"Deputy Matron" a registered general nurse appointed by the employer to assist in the administration of the hospital and deputise for the matron.
"Matron" a registered general nurse appointed by the employer as head of nursing at a hospital.
"Night Nurse in Charge" the registered general nurse who is appointed as such to be in charge of a hospital at night.
"Nurse Educator" a registered nurse appointed as such holding a diploma of nursing education or a qualification acceptable to the employer who is engaged full time in the education of student nurses and/or enrolled nurses.
"Principal Nurse Educator" a nurse educator appointed as such who is responsible for the administration of a School of Nursing and the overall planning, organising and implementation of a nursing education programme.
"Senior Nurse Educator" a nurse educator appointed as such who has special responsibilities related to a particular subject or group of students.
7. - AVERAGE OCCUPIED BEDS
(1)For the purpose of ascertaining the daily average of occupied beds the average shall be taken for the six months ending 30th June and 31st December in each and every year, and such average shall relate to the succeeding half year.
(2)Babies receiving attention shall be included in calculating the daily average: Provided, however, that no new born baby shall be included in making the calculation for the first seven days in the hospital.
8. - HOURS
(1)The ordinary hours of duty shall be -
(a)Employees commencing on or after 6 April 1990:
(i)Thirty-eight hours per week or
(ii)An average of thirty-eight hours per week with hours actually worked being forty per week or eighty per fortnight.
(iii)The hours of duty shall be at the discretion of the employer and shall be made known to the employee prior to appointment.
(b)Employees commencing prior to 6 April 1990:
(i)An average of thirty-eight hours per week.
(ii)Hours actually worked being forty per week or eighty per fortnight.
(c)Provided that there shall be no fixed hours of duty for any registered nurse level 4 or 5 referred to in Schedule A.
(2)A shift shall not exceed ten hours.
(3)An employee who actually works forty-hours per week shall:
(a)Accrue two hours of each week's work as an entitlement to a maximum of twelve accrued days off in each twelve month period. The accrued day(s) off shall be taken:
(i)in a minimum period of one week made up of five consecutive accrued days off in conjunction with a period of Annual Leave; or
(ii)at a time agreed by the employer and employee -
(b)Accrue 0.4 of an hour per day as an entitlement to take the 20th day in each cycle as an Accrued Day Off in conjunction with other days off.
(i)Provided that an employee who has not accrued sufficient hours to enable a full paid shift off duty to be taken after the completion of the twenty day cycle will continue to work until sufficient hours have been accrued.
(ii)The employer and employee may agree that ordinary hours worked over a ten day two week cycle may be adjusted to enable seventy-six hours to be worked over nine and a half days of the cycle; with the other half day taken as an accrued half day off.
(4)(a)Up to five accrued days off per year of service, however accrued, may be taken as single days off and such days may be rostered at the employer's discretion subject to at least two days' notice being given to the employee affected.
(b)Notwithstanding the provisions of paragraph (a) any number of accrued days off may be taken in periods of one day or less where there is genuine agreement between the employer and employee.
(5)The employer and employee may agree to substitute the scheduled accrued day off for another day.
(6)Payment for accrued day(s) off shall be calculated at the employee's normal rate of pay, excluding penalty rates.
(7)(a) Each employee shall be rostered off duty for not less than two full days in each week or four full days in each fortnight.
(b)A minimum of two days off duty shall be taken consecutively unless otherwise agreed between the employer and employee.
(8)An employee shall be allowed at least nine and one half hours break between shifts.
(a)An employee changing from night to day shift or from day to night shift shall not be rostered on duty during the twenty hours immediately preceding the changed shift.
(b)The employer and the employee may agree to vary the provisions of this subclause to enable the services of the employer to be carried out.
(i)When an employee is absent from duty, or
(ii)In an emergency, or
(iii)Where the employer and the Federation agree.
(9)The provisions of this clause apply to a part-time employee in the same ratio as the hours normally worked relate to full-time employees.
(10)The provisions of subclauses (2), (3), (7) and (8) shall not apply to a registered nurse level 4 or 5 referred to in Schedule A.
9. - OVERTIME
(1)All time worked in excess of the ordinary rostered hours on any day shall be paid for as hereunder:-
(a)Time and a half for the first two hours on any day Monday to Saturday, both inclusive, and double time thereafter;
(b)Double time on a Sunday;
(c)Double time for all overtime worked consecutively with a rostered shift on a Saturday, or public holiday as prescribed in Clause 10A. - Public Holidays of this award.
(2)Where the employee and the employer so agree, time off in lieu of payment for overtime may be allowed proportionate to the payment to which she is entitled. Such time off to be taken at the convenience of the hospital provided that:-
(a)Such time off is in unbroken periods according to each period of overtime worked; and
(b)The overtime is made up within 28 days from the time when it became due except where it arises from the changeover from night duty to day duty or day duty to night duty.
(3)An employee called upon to work during the hours she is rostered off in accordance with subclause (4) of Clause 8 - Hours of this award shall be paid for all time worked at overtime rates provided in subclause (1) of this clause.
(4)Less than fifteen minutes overtime for a week or thirty minutes overtime for a fortnight shall not be paid for.
(5)An employee recalled for duty outside her normal working hours shall be paid a minimum of two hours pay and in addition thereto all reasonable expenses incurred in returning to duty.
(6)Where an employee has not been notified the previous day or earlier that she is required to work overtime, the employer shall ensure that employees working such overtime for an hour or more shall be provided with any of the usual meals occurring during such overtime or be paid $4.20 for each meal.
(7)(a)When overtime work is necessary it shall, wherever reasonably practicable be so arranged that employees have at least ten consecutive hours off duty between the work of successive days.
(b)An employee who works so much overtime between the termination of her ordinary work on one day and the commencement of her ordinary work on the next day that she has not at least ten consecutive hours off duty between those times shall, subject to this paragraph, be released after completion of such overtime until she has had ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.