TASMANIAN INDUSTRIAL COMMISSION
Industrial Relations Act 1984
s23 application for award or variation of award
Minister administering the State Service Act
(T14465 of 2016)
HEALTH AND HUMAN SERVICES (TASMANIAN STATE SERVICE) AWARD
President DJ Barclay
Award variation - family violence leave - compassionate and bereavement leave - parental leave- consent application - consent order issued - operative date 22 December 2016
ORDER BY CONSENT -
No. 1 of 2017
(Consolidated)
THE FOLLOWING CLAUSES ARE VARIED AND THE AWARD IS CONSOLIDATED:
IN PART I – APPLICATION AND OPERATION OF AWARD:
CLAUSE 4 – DATE OF OPERATION
CLAUSE 6 – SUPERSESSION
IN PART II – SALARIES AND RELATED MATTERS:
CLAUSE 2 – PAYMENT OF SALARY
IN PART IX – LEAVE AND HOLIDAYS WITH PAY
CLAUSE 2 PARENTAL LEAVE
CLAUSE 3 PERSONAL LEAVE
CLAUSE 4 COMPASSIONATE AND BEREAVEMENT LEAVE
CLAUSE 11 FAMILY VIOLENCE LEAVE
PART I – APPLICATION AND OPERATION OF THE AWARD
1.TITLE
This award is to be known as the "Health and Human Services (Tasmanian State Service) Award".
2.INDEX
PART I – APPLICATION AND OPERATION OF THE AWARD
1.TITLE
2.INDEX
3.SCOPE
4.DATE OF OPERATION
5.AWARD INTEREST
6.SUPERSESSION
7.DEFINITIONS
8.EMPLOYMENT CATEGORIES
9.CONTRACT OF EMPLOYMENT
10.ABANDONMENT OF EMPLOYMENT
11.WORK, HEALTH AND SAFETY
PART II – SALARIES AND RELATED MATTERS
1.CALCULATION FOR THE PAYMENT OF SALARY
(a)Calculation of Fortnightly Salary
(b)Calculation of Hourly Rate for Part-time Employees
(c)Calculation of Hourly Rate for Casual Employees
(d)Casual Loading
2.PAYMENT OF SALARY
a)Timing of Payment
(b)Method of Payment
(c)Waiting Time Payments
(d)Waiting Time Payments Not Payable
(e)Advice of Pay Details
(f)Payment on Termination of Employment
3.SALARIES
(a)Salaries for the General Stream
4.SUPERANNUATION
5.SALARY PROGRESSION, advancement assessment and performance management
(a)Classification and Progression
6.GRADUATES, CADETS, APPRENTICES AND TRAINEES
(a)Salaries for Certificate II, III & IV – Administrative Trainees
(b)Salaries for Certificate III – Apprenticeship – Tradesperson
(c)Salaries for Certificate IV – Apprenticeship – Special Class Tradesperson
(d)Salaries for Diploma – Apprenticeship – Advanced Tradesperson, Diploma for Technical Trainee:
(e)Salaries for Advanced Diploma – Technical Trainee
(f)Minimum Adult Wage Rates – Adult Apprenticeships
(g)Salaries for School Based Apprenticeships
(h)Salaries for Cadets – Bachelor Degree
(i)Salaries for Graduate Development Program – Bachelor Degree
7.TERMS OF APPRENTICESHIPS/TRAINEESHIPS
8.SUPPORTED WAGE SYSTEM FOR PERSONS WITH DISABILITIES
9.SALARY SACRIFICE BY EMPLOYEES
(a)Superannuation
(b)Other Benefits
10.SALARY PACKAGING
11.MARKET ALLOWANCE
12.HIGHER DUTIES ALLOWANCE
13.MORE RESPONSIBILITY DUTIES ALLOWANCE
14.MIXED FUNCTIONS ALLOWANCE
15.TASMANIAN MINIMUM WAGE
PART III – CLASSIFICATION AND RELATED MATTERS
1.CLASSIFICATION DESCRIPTORS
(a)Introduction
(b)Qualifications and Essential Requirements
(c)Features
2.REFERENCE FRAMEWORK
(a)Task
(b)Discipline
(c)Field
(d)Activities
(e)Program
(f)Function
(g)Policy
(h)Strategy
3.SUMMARY OF DIFFERENCES BETWEEN GENERAL STREAM BANDS
(a)Band 1
(b)Difference Between Band 1 and Band 2
(c)Difference Between Band 2 and Band 3
(d)Difference Between Band 3 and Band 4
(e)Difference Between Band 4 and Band 5
(f)Difference Between Band 5 and Band 6
(g)Difference Between Band 6 and Band 7
(h)Difference Between Band 7 and Band 8
(i)Difference Between Band 8 and Band 9
(j)Difference Between Band 9 and Band 10
4.GENERAL STREAM BAND DESCRIPTORS
Band 1
Band 2
Band 3
Band 4
Band 5
Band 6
Band 7
Band 8
Band 9
Band 10
5.GENERAL STREAM – HEALTH SERVICE OFFICERS BAND DESCRIPTORS
Health Services Officer 1 (Trainee)
Health Services Officer 2
Health Services Officer 3
Health Services Officer 4
Health Services Officer 5
PART IV – MISCELLANEOUS CONDITIONS OF EMPLOYMENT
1.ACCOMMODATION AND OTHER REQUIREMENTS
2.WORK ABOVE FLOOR LEVEL
3.WORK AWAY FROM NORMAL PLACE OF DUTY
PART V – EXPENSE AND OTHER ALLOWANCES
1.DISTRICT ALLOWANCES
(a)District
(b)Air Fares from Bass Strait Islands
(c)District Allowance – Part-Time Employees
2.MEAL ALLOWANCES
(a)Meals on Duty
(b)Meal Allowance – Day Travel
(c)Meal Allowance – Overtime
(d)Meal Allowance – Rates
3.TRAVEL ALLOWANCES
(a)Travelling
(b)Excess Fares
(c)Private Vehicle Use
4.FIRST AID CERTIFICATE ALLOWANCE
5.TESTING AND TAGGING ALLOWANCE
6.SPECIAL RATES
(a)Cold Places
(b)Confined Spaces
(c)Dirty Work
(d)Hot Places
(e)Rates not Subject to Penalty Additions
7.Corrections Allowance:
8. ALLOWANCE FOR THE MANAGEMENT OF DECEASED PERSONS PRONOUNCED DEAD ON ARRIVAL
PART VI – WORKPLACE FLEXIBILITY
1.WORKLOAD MANAGEMENT
2.WORK-LIFE BALANCE
3. WORKPLACE FLEXIBILITY ARRANGEMENTS
PART VII – HOURS OF WORK AND OVERTIME FOR DAY WORK
1.HOURS OF WORK – DAY WORKER
2.HOURS OF WORK – PART-TIME EMPLOYEES
3.OVERTIME – OTHER THAN SHIFTWORKERS
4.OVERTIME – PART-TIME EMPLOYEES
5.TIME OFF IN LIEU OF PAYMENT FOR OVERTIME
6.AVAILABILITY AND RECALL
PART VIII – PROVISIONS FOR SHIFT WORK
1.SHIFT WORK
(a)Afternoon Shift and Night Shift Allowances
(b)Broken Shifts
(c)Daylight Saving
(d)48 Hours Notice of Transfer in Emergencies
(e)Hours
(f)Overtime
(g)Rosters
(h)Work on a Saturday and Sunday
(i)Work on a Holiday with Pay
2.SHIFTWORK - PART-TIME EMPLOYEES
3.AVAILABILITY AND RECALL
PART IX – LEAVE AND HOLIDAYS WITH PAY
1.HOLIDAYS WITH PAY
2.PARENTAL LEAVE
(a)Definitions
(b)Entitlement
(c)Maternity Leave
(d)Special Maternity Leave
(e)Partner Leave
(f)Adoption Leave
(g)Variation of Period of Parental Leave
(h)Parental Leave and Other Entitlements
(i)Transfer to a Safe Job
(j)Returning to Work After a Period of Parental Leave
(k)Right to Request
(l)Replacement Employees
(m)Communication During Parental Leave
3.PERSONAL LEAVE
(a)Definitions
(b)Amount of Personal Leave
(c)Accumulation of personal leave
(d)The effect of workers compensation
(e)Personal Leave for Personal Injury or Sickness
(f)Personal Leave to Care for an Immediate Family or Household Member
(g)Sole Person Accessing Leave
(h)Employee Must Give Notice
(i)Evidence Supporting Claim
(j)Calculation of Personal Leave Year
(k)Verification of Illness
(l)Unpaid Personal Leave
(m)Casual Employees
(n)Personal Leave for Part-Time Employees
4.Compassionate and BEREAVEMENT LEAVE
(a)Purpose
(b) Definitions
(c)Entitlement
(d)Relationship to Other Paid Leave
(e)Rostered Days Off
(f)Evidence Requirements
(g)Unpaid Compassionate or Bereavement Leave
(h)Casual Employees
5.RECREATION LEAVE
(a)Period of Leave
(b)Recreation Leave Exclusive of Holidays With Pay
(c)Broken Leave
(d)Time of Taking Leave
(e)Payment in Lieu Prohibited
(f)Payment for Period of Leave
(g)Proportionate Leave on Ending Service
(h)Calculation of Continuous Service
(i)Employer Instigated Cancellation of Leave by the Head of Agency
(j)Personal Leave Requirements During Recreation Leave
(k)Recreation Leave - Part-Time Shiftworkers
(l)Loading in Lieu of Paid Leave
6.RECREATION LEAVE LOADING
7.STATE SERVICE ACCUMULATED LEAVE SCHEME
(a)Summary of Scheme
(b)Interpretation
(c)Plans
(d)Application of SSALS
(e)How to Participate in SSALS
(f)Conditions and Administrative Arrangements
8.JURY SERVICE
9.PURCHASED LEAVE SCHEME (PLS)
Purchased Leave Scheme (PLS) Implementation
10.DEFENCE FORCE LEAVE
11.Family Violence Leave
(a)Purpose of Family Violence Leave
(b)Definitions
(c)Amount of Family Violence Leave
(d)Payment of Family Violence Leave
(e)Evidence for Family Violence Leave
(f)Personal Leave
(g)Other Support Options
(h)Employee to Give Notice
(i)Contact Officer for Family Violence
(j)Casual Employees
PART X – UNIFORMS, PROTECTIVE CLOTHING AND EQUIPMENT
1.UNIFORMs
2.PROTECTIVE CLOTHING AND EQUIPMENT
3.LIFTING OF PATIENTS
PART XI – AWARD COMPLIANCE AND UNION MATTERS
1.RIGHT OF EXISTING AND NEW EMPLOYEES TO REPRESENTATION IN THE WORKPLACE
2.WORKPLACE DELEGATES
3.NOTICE BOARD
4.RECORDS OF EMPLOYMENT
PART XII – CONSULTATION AND CHANGE: GRIEVANCE AND DISPUTE RESOLUTION
1.CONSULTATION AND CHANGE
2.NO DISADVANTAGE
3.GRIEVANCE AND DISPUTE SETTLING PROCEDURE
APPENDIX 1 – TRANSLATION ARRANGEMENTS
1.TRANSLATION OF CLASSIFICATIONS FROM THE COMMUNITY AND HEALTH SERVICES (PUBLIC SECTOR) AWARD
2.TRANSLATION AND TARGETED OCCUPATIONAL GROUPS (TOGS)
3.REVIEW PROCESS
(a)Introduction
(b)Employee Notification (Initial)
(c)Review Application Process
(d)Internal Agency Review Process
(e)External Review (If Dissatisfied With Internal Review)
(f)Date of Effect
(g)Translation
APPENDIX 2 – THE GENERAL STREAM FOR PREVIOUS ADMINISTRATIVE AND CLERICAL, TECHNICAL AND OPERATIONAL STREAMS (EXCLUDING HEALTH SERVICES OFFICERS)
APPENDIX 3 – THE GENERAL STREAM FOR HEALTH SERVICES OFFICERS
APPENDIX 4 – TRANSLATION ARRANGEMENTS FOR PREVIOUS ADMINISTRATIVE AND CLERICAL CLASSIFICATIONS
APPENDIX 5 – TRANSLATION ARRANGEMENTS FOR PREVIOUS OPERATIONAL (EXCLUDING HEALTH SERVICES OFFICERS) CLASSIFICATIONS
APPENDIX 6 – TRANSLATION ARRANGEMENTS FOR PREVIOUS OPERATIONAL (HEALTH SERVICES OFFICERS) CLASSIFICATIONS
APPENDIX 7 – TRANSLATION ARRANGEMENTS FOR PREVIOUS TECHNICAL CLASSIFICATIONS
APPENDIX 8 – TRANSLATION OF AWARD SUBJECT MATTERS
APPENDIX 10 - INFORMATION AND COMMUNICATION
TECHNOLOGY (ICT) CLASSIFICATION STRUCTURE
APPENDIX 11 – DENTAL OFFICERS
APPENDIX 12 – PURCHASED LEAVE SCHEME SALARY TABLES
3.SCOPE
This award is to apply to all persons employed under the State Service Act 2000 who are employed in the Department of Health and Human Services, the Tasmanian Health Organisation – South, the Tasmanian Health Organisation – North, the Tasmanian Health Organisation – North West, and for whom a classification is contained in this award, except for employees for whom a classification is contained in another award of the Tasmanian Industrial Commission.
4.DATE OF OPERATION
This award shall come into operation from the first full pay period on or after 22December 2016.
5.AWARD INTEREST
(a)The following employee organisations have an interest in this award pursuant to section 63(10) of the Industrial Relations Act 1984:
(i)The Health Services Union, Tasmania Branch;
(ii)The Community and Public Sector Union (State Public Services Federation Tasmania) Inc.
(b)The employer deemed to be an employer organization having an interest in this award pursuant to section 62(4) of the Industrial Relations Act 1984:
The Minister administering the State Service Act 2000.
6.SUPERSESSION
This award supersedes the Health and Human Services (Tasmanian State Service) Award No. 3 of 2016 (Consolidated).
PROVIDED that no entitlement accrued or obligation incurred is to be affected by the supersession.
7.DEFINITIONS
'Afternoon shift' means a shift terminating after 6.00pm and at or before midnight.
'Day shift' means a shift commencing at or after 6.00am and terminating at or before 6.00pm and is worked in accordance with a roster and includes Saturdays and Sundays.
‘Employee’ means a person who is employed pursuant to the provisions of sections 37(3)(a) and 37(3)(b) of the State Service Act 2000.
'Employer' means the Minister administering the State Service Act 2000.
'Night shift' means a shift commencing at or after 4.00pm and before 6.00am.
‘Normal salary rate’ means an employee’s normal salary exclusive of all allowances and penalty payments as prescribed by Part II – Salary and Related Matters, Clause 3, Salaries, of this Award.
'Relevant award rate' means the ordinary rate specified for the appropriate classification, the appropriate band and the appropriate level of employment applicable to an employee as specified in Part II - Salaries and Related Matters of this award.
'Roster' means a work pattern designed for a specific work area for all work performed outside the spread of ordinary hours contained in Part VII – Hours of Work and Overtime for Day Work excluding work performed outside the spread of hours and paid in accordance with the overtime provisions of Part VII – Hours of Work and Overtime for Day Work.
'Rostered shift' means a shift of which the employee concerned has at least 48 hours notice.
'Shift work' means work performed in accordance with a roster and may include day shift, afternoon shift, night shift and Saturdays and Sundays.
'Shift worker' means an employee who works in accordance with a roster.
'Year of service' means 12 months of employment including rostered days off, holidays with pay, paid annual recreation leave and paid personal leave.
8.EMPLOYMENT CATEGORIES
In this award, unless the contrary intention appears:
‘Permanent full-time employee’ means a person who is appointed to work the full ordinary hours of work each week (as defined) and who is appointed as such in accordance with section 37(3)(a) of the State Service Act 2000.
‘Permanent part-time employee’ means a person who is appointed to work hours that are less in number than a full-time employee and who is appointed as such in accordance with section 37(3)(a) of the State Service Act 2000.
‘Fixed term employee’ means a person who is engaged for a specified term or for the duration of a specified task in accordance with section 37(3)(b) of the State Service Act 2000.
‘Casual employee’ means a person engaged on an irregular basis and at short notice and where the offer of engagement may be accepted or rejected on each and every occasion, thus excluding a casual employee from being placed on a regular employment roster, and is paid a loading in addition to the normal salary rate in lieu of paid leave entitlements and Holidays with Pay as prescribed by Part IX – Leave and Holidays with Pay of this award. The loading paid to a casual employee is set out in Part II – Salaries and Related Matters, Clause 1 of this Award.
9.CONTRACT OF EMPLOYMENT
(a)Except as otherwise provided by the State Service Act 2000, employment is by the fortnight. Any employee not specifically engaged as a casual employee is deemed to be employed by the fortnight.
(b)An employee (other than a casual employee) who is willing to work his or her normal ordinary hours of work, is entitled to be paid a full fortnight's salary at a rate fixed by this award or relevant industrial agreement.
(c)Notice of termination by Employee and Employer
(i)Notice of termination by Employee
Employment is to be terminated by an employee by the giving of two week’s notice to the employer or by the forfeiture of two weeks wages as the case may be.
(ii)Notice of termination by the Employer
(1)Employment is to be terminated by the employer by the giving of notice in accordance with the following table:
Period of ServicePeriod of Notice
From commencement and up to the
completion of 3 years2 weeks
3 years and up to the
completion of 5 years3 weeks
5 years and over4 weeks
(2)In addition to the period of notice provided an employee aged 45 years and older with 2 or more years of service is entitled to an additional week’s notice.
(3)Payment in lieu of the period of notice must be made if the appropriate period of notice is not given or in circumstances where it is agreed the period of notice is to be waived and payment in lieu substituted.
(d)Summary Dismissal
The employer has the right to dismiss an employee for serious misconduct or serious neglect of duty and in such circumstances the normal salary rate, allowances, penalty payments and accrued entitlements are to be paid up to the time of dismissal only.
(e)A casual employee is to be given a minimum of two hours’ work or pay on each occasion they are required to attend work unless otherwise mutually agreed by the employee, employer and relevant union.
10.ABANDONMENT OF EMPLOYMENT
An employee who is absent from work without justifiable cause for more than 14 days without notifying the employer of the reason for the absence, is to be considered on face value to have abandoned their employment. Service is deemed to have ceased from that time (that is, 14 days from the first day of absence).
11.WORK, HEALTH AND SAFETY
(a)For the mutual benefit of the parties the employer and employees are required to acknowledge, commit to and assume responsibility for maintaining a safe and healthy work environment in accordance with applicable legislation.
(b)The employer and employees will aim to achieve best practice in preventing and minimising workplace injuries, illnesses and absences from work in order to:
(i)Improve workplace health and safety performance;
(ii)Improve return to work performance; and
(iii)minimise human and workplace costs of injury or illness
(c) Extended absence from the workplace through illness or injury
Subject to any specific medical advice and consistent with employee well-being, a manager or an appropriate person nominated for this purpose, is to maintain regular contact with an employee who is absent from work for any period exceeding five working days due to personal injury, illness or workers’ compensation.
The role of the designated person is to provide appropriate support, advice and assistance to the employee to enable their return to work at the earliest opportunity and if need be, offer advice as to entitlements and any impending workplace changes.
This sub-clause is part of a positive workplace culture in assisting the employee’s return to the workplace.
Without limiting the employer’s obligations, where an employee indicates the contact is counterproductive the manager is to cease this approach.
PART II – SALARIES AND RELATED MATTERS
1.CALCULATION FOR THE PAYMENT OF SALARY
(a)Calculation of Fortnightly Salary
The formula to be used in calculating an employee’s fortnightly salary is:
Annual salary divided by the number of working days in a “relevant financial year” multiplied by 10
‘Annual Salary’ means the salary given under this Part.
‘Working Days in Relevant Financial Year’ means the total number of working days (excluding Saturdays and Sundays) in the relevant financial year. The total number of days to be used in any one financial year is 260, 261 or 262 in accordance with the actual calendar for that financial year.
The formula is consistent with the provisions of the Financial Management and Audit Regulations 2003.
(b)Calculation of Hourly Rate for Part-time Employees
Subject to subclause (a) of this clause, the hourly rate of pay to be paid to a part-time employee is to be calculated as 1/76 of the salary calculated above.
(c)Calculation of Hourly Rate for Casual Employees
(i)Subject to sub-clause (a) of this clause, the hourly rate of pay to be paid to a casual employee is to be calculated is 1/76 of the salary calculated above.
(ii)Further a casual employee is to be paid shift allowances calculated on the normal salary rate excluding the casual loading, with the casual loading component then added to the new rate of pay; and
(iii)A casual employee is to be paid overtime penalty rates calculated on the normal salary rate excluding the casual loading, with the casual loading component then added to the penalty rate of pay; and
(iv)A casual employee engaged to work on a Holiday with Pay is to be paid the penalty rate for the normal salary rate for work on that day or part day, with the casual loading component then added to the penalty rate of pay.
(d)Casual Loading
The casual loading for employees is:
(i)20% in effect at the date of operation of this Award
(ii)23% effective from the first full pay period commencing on or after 1 July 2014; and
(iii)24% effective from the first full pay period commencing on or after 1 July 2015; and
(iv)25% effective from the first full pay period commencing on or after 1 July
2016.
2.PAYMENT OF SALARY
a)Timing of Payment