Awards Breakdown National Employment Standards NES

1. Clerks � Private Sector Award 2010 (MA000002) Nurses Award 2010 (MA000034) Health Professional and Support Services Award 2010 (MA000027) Awards Breakdown & National Employment Standards (NES)

2.  National Employment Standards (NES) The standard provides minimum entitlements to most employees in five key areas: rates of pay, maximum hours of work, annual leave, personal leave and parental leave. The Employer must ensure that copies of this award and the NES are available to all employees, is conveniently located and accessible. Award Flexibility you can vary certain terms of the award limited to arrangements for when work is performed, overtime rates, penalty rates, allowances and leave loading. Any variances must have genuinely been made without coercion or duress If the employee is under 18 years of age, the employees parent or guardian must also agree The employer must give the individual employee a copy of the agreement and keep the agreement as a time and wages record An employer seeking to enter into an agreement must provide a written proposal to the employee.

3. Effective From The awards become effective from 1st January 2010. At this stage there is no 5 year phase in or 1st July 2010 start date. All practice staff, including practice managers & nurses, will need to be classified and paid under the new award. Staff who have higher external training are more likely to be entitled to higher pay. Employers must not require or request their employees to work more than 38 hours per week, plus �reasonable additional hours�. The sting will be part time staff who will now be entitled to time and a half and double time payments if they are in excess of their agreed hours. The employee and not the employer must elect for it to be in lieu instead of a payment. Forget about using casual staff � if their hours are predictable they will need to become part time staff members or you could get into trouble and have to double pay their leave entitlements. ANY BREACHES FROM AGGRIEVED EMPLOYEES MAY SEE THE EMPLOYER FACE FINES OF UP TO $33,000 PER BREACH. REMEMBER IN MOST INSTANCES THE MOST LIKELY PERSON TO DOB IN A PRACTICE IS AN AGGRIEVED EMPLOYEE

4. Average 38 hours per week mandatory Time books need to be kept, even for practice managers Not to work more than 10 hours a day or overtime over a 24 hour period Factors to be taken into consideration when determining what is reasonable, with the burden of proof on the employer are: Any risk to employee health & safety due to additional hours, employee�s personal circumstances including family situation are to be taken into consideration. The needs of the workplace if the employee is entitled to overtime or penalty levels of remuneration for working excess hours. Notice if any, given by the employer to work additional hours. Notice given by the employee of intention to refuse working of additional hours. Nature of employees role & level of responsibility.

5.  Is your practice manager working excessive hours? If your practice manager is regularly working over 38 hours a week, consider removing them from lower responsibility roles such as the front desk and budget for a second in charge or an understudy. Furthermore, practice managers should consider undertaking additional formal training to focus on becoming more strategic and less operational.

6. Determine Optimal Systems CONSIDERATIONS In 80% of practices that are benchmarked show that staff productivity can be increased by 10% to 20% without increasing staff. Ascertain whether your practice is operating efficiently. Carefully analyse optimal staff rosters under the new Awards, focusing on better systems and higher staff productivity � do more with less, then assess job roles, experience and qualifications of staff and hours required to complete tasks. The better the system the fewer experienced staff required. If not, consider your options of new work or letting go of staff. Practices should seriously start to consider �out counselling� non-performing staff before the new Awards kick in. offer staff the total roster hours to work out their new hours and be flexible. VERY IMPORTANT � if a regular casual staff member is offered permanent employment after working more than 12 months they can still claim unfair termination with 6 months pay entitlement owed. So it is important this is documented in their contract correctly that they opted for permanency. So if they refuse this condition you potentially could have a unfair dismissal claim. You are obliged to offer permanent employment. The award states where an employee with guaranteed or predictable hours is considered a permanent employee classed either as full or part-time.

7. Absorb award conditions via above award payments using contracts The basis for absorbing any of the new allowances and penalty rates is determining the correct award classification for every staff member. Job descriptions are essential. The practice should provide individually signed and written business cases to staff, not under duress, to show their over award payments and conditions making them better off. If you force staff to sign you have no legal protection from an underpayment of wages claims. You must obtain signed consent from your staff otherwise it will not work.

8. Consultation & Dispute Resolution Employees are to be notified of any major business changes including production, program, organization, structure or technology that is likely to have significant effect. Measures to avert or mitigate adverse effects need to be discussed with employees and prompt consideration to matters raised by the employees. Discussion must commence as early as practicable after a definite decision has been made by the employer. For the purposes of such discussion, the employer must provide in writing to the employees concerned and their representatives, all relevant information about the changes including the nature and expected effects. Any disputes in the first instance � attempt to resolve the matter between both parties in a timely manner as appropriate If the dispute is unable to be resolved the dispute may be referred to the commission including mediation, conciliation and consent arbitration. An employer or employee may appoint another person, organisation or association to represent them. Whilst the dispute resolution procedure is being conducted, work must continue, an employee must not unreasonably fail to comply with direction by the employer to perform work that is safe and appropriate for the employee to perform.

9. Flexibility Clauses and Agreement making Agreement Making is subject to �Better Off Overall Test� BOOT must ensure that each and every employee is better off overall compared to their modern award conditions (each award employee must be better off compared to the award) and NES Fair Work Act (FWA) can consider a class of employee if they are all in the same classification , rather than assess each individual employee It is expected that the FWA will generally apply this test to classes of employees It requires FWA to enquire into each individual circumstance Applicable after 1st January 2010

10. Regulatory Bodies

11. Education & Disclosure There is greater emphasis on the fact that if you want higher pay you should undertake more formal education externally. The awards must be clearly accessible electronically or in the lunch room so everybody knows the basis of their pay Practices cannot force staff to sign contracts that contravene the award You must consult all staff and discuss changes if hours are going to be altered, and mitigate its impact on individuals where possible.

12. What to do next? Don�t ignore the issue � it wont go away and will get worse with time. Determine optimal systems then employ staff accordingly Are your employees working excessive hours? Absorb award conditions via above award payments using contracts.

13. Types of Employment � Admin staff The full time hours must be 38 or less per week. When engaging P/T employees agreeance in writing on a regular pattern of work, specifying at least the numbers of hours worked each day, which days of the week and the actual starting and finishing times each day. Employers must advise their employees in writing of their classification upon commencement and of any subsequent changes to their classification. Changes in hours may only be made by agreement in writing between the employer and employee. Changes in days can be made by the employer giving one weeks� notice (7 days) in advance of the changed hours. An employer is required to roster a P/T employee for a minimum of 3 consecutive hours on any shift. All time worked in excess of the hours mutually arranged will be overtime and paid for at the appropriate overtime rates.

14. Types of Employment - Nurses The full time hours must be 38 or less per week. Before commencing PT employment, the employer and employee will agree in writing the guaranteed minimum number of hours to be worked and the rostering arrangements which will apply to those hours. The terms of the agreement may be varied by agreement and record in writing. A casual employee will be paid an hourly rate equal to 1/38th of the weekly rate appropriate to the employees classification plus a casual loading of 25%. A casual employee will be paid a minimum of 2hours pay for each engagement. Employers must advise their employees in writing of their classification upon commencement and of any subsequent changes to their classification. Progression for all classifications for which there is more than one pay point will be by annual movement to the next pay point, or in the case of a PT or casual employee 1786 hrs of experience . Employees will work in accordance with a weekly or fortnightly roster fixed by the employer. The roster will state daily ordinary working hours, starting and finishing times and will be displayed in a place conveniently accessible to employees at least 14 day s before the commencement of the roster period. Unless the employer otherwise agrees, an employee desiring a roster change will give 7 days� notice except where the employee is ill or in an emergency. 7 days notice of a change of roster will be given by the employer to an employee. Except that, a roster may be altered at any time to enable the functions of the practice to be carried out where another employee is absent from work due to illness or in an emergency. Where any such alteration requires an employee working on a day which would otherwise have been the employees day off, the day off instead will be as mutually arranged.

15. Hours of Work � Admin staff Full time hours must be 38 or less per week. The average hours per week are to be 38 and not to exceed 152 hours in 28 days, or an average of 38 over the period of an agreed roster cycle. The ordinary hours of work may be worked from 7.30am to 9pm Mon-Fri and from 8am to 4.30pm Sat. Progression for all classifications for which there is more than one pay point will be by annual movement to the next pay point, or in the case of a PT or casual employee 1824 hrs of experience until they reach pay point 6. Ordinary hours of work for each employee is to be displayed on a fortnightly roster in a accessible place to all employees. The roster should be displayed 2 weeks prior to commencement of the roster period. 7 Days notice will be given of a change in a roster. However a roster may be altered at any time to enable the functions of the organisation to continue in the absence of an employee due to illness or in a emergency. Payment for working from midnight Friday until midnight Sunday will be paid at the rate of T + 50%. An employee required to work on a Public Holiday will be paid at T x 2.5 for all time worked. All overtime worked on a Sunday will be paid at the rate of T x 2..

16. Admin staff - continued Where ordinary rostered hours of work finish between 6pm and 8am or commence between 6pm and 6am , the employee will be paid an additional loading of 15% of their ordinary rate of pay. Employees working outside their ordinary hours on any day must be paid time (T) + 50% for the first 2 hours and T x 2 thereafter calculated on a daily basis. The minimum period for which an employee must be paid overtime is one half hour per week. An employee who is recalled to work overtime after leaving the employers premises will be paid for a minimum of 2 hours work at the appropriate overtime rate When overtime work is necessary it must wherever reasonably practicable, be so arranged that employees have at least ten consecutive hours off duty between the work of successive days. The minimum period of engagement of a casual employee is 3 hours

17. Hours of Work -Nurses FT is an employee engaged to work 38hr or less per week, the shift length or hours of work per day will be a maximum of 10 hrs exclusive of meal breaks. the ordinary hours of work will be between 6.00am and 6.00pm Mon-Fri. Employees working overtime must be paid time (T) + 50% for the first 2 hours and T x 2 thereafter Mon-Sat inc. Sunday T x 2 and PH T x 2.5. Overtime penalties do not apply to RN levels 4 and 5. An employee working overtime will take a paid rest break of 20min after each 4 hrs of overtime worked if required to work after the break. When overtime work is necessary it must wherever reasonably practicable, be so arranged that employees have at least ten consecutive hours off duty between the work of successive days. If on the instructions of the employer such an employee resumes or continues work without having had such 10 consecutive hours off duty the employee must be paid at T x 2 until the employee is released from duty for such period and the employee is then entitled to be absent until the employee has had 10 consecutive hours off duty without loss of pay for ordinary working time occurring during such absence. Work on a public holiday or a substituted day must be paid at T x 2. Where an employees accrued day off falls on a public holiday, another day, determined by the employer, will be taken instead within the same four or five week work cycle, where practical.

18. Breaks Admin Staff: An employee who works in excess of 5 hours will be entitled to an unpaid meal break of not less than 30 minutes and not more than 60 minutes. All employees must be allowed two 10 minute rest intervals on each day as follows. The first to be allowed between the time of commencing work and the usual meal interval; the second to be allowed between the usual meal interval and the time of ceasing work for the day. Provided that all employees who work more than 4 hours overtime on a Sat morning must be allowed a rest period of 10 min between the times of commencing work and finishing work. Such rest intervals are to be counted as part of time worked. Where an employee is entitled to a rostered day off during the employees work cycle, the employer must give the employee four weeks� notice in advance of the weekday the employee is to take off. Nurses: A meal period of not less than 30min and not more than 60min must be allowed to each employee. Such meal period must be taken not later than 5 hours after commencing work and after the resumption of work from a previous meal break. Employees required to work through meal breaks must be paid double time for all time so worked until the meal break is allowed. an employee working overtime will take a paid rest break of 20 min after each 4hrs of overtime worked if required to continue work after the break. ADO�s will be taken within 12 months of the date on which the first full ADO accrued. With the consent of the employer, ADOs may be accumulated up to a maximum of 5 in any one year.

19. Leave and Public Holidays Annual leave loading payment is payable on leave accrued � 17.5% an employee who is legitimately required by Aboriginal tradition to be absent from work for Aboriginal ceremonial purposes will be entitled to up to ten working days unpaid leave in any one year, with the approval of the employer. Admin Staff: An employer may require an employee to take annual leave by giving at least four weeks� notice in the following circumstances: as part of a close-down of its operations where such direction is reasonable: or where more than 8 weeks leave is accrued. In addition to the entitlements in the NES, an employee who works for more than 4 ordinary hours on 10 or more weekends is entitled to an additional weeks annual leave on the same terms and conditions. Nurses: in addition to the entitlements in the NES, full time employees are entitled to an additional week of annual leave on the same terms and conditions. For the purpose of the additional week a shift worker is defined as an employee who; is regularly rostered over seven days a week and regularly works on weekends. where an employer temporarily closes a medical practice, an employee may be directed to take paid annual leave during part or all of this period. Where an employee does not have sufficient accrued annual leave for this period, they may be required to take annual leave in advance.

20. Allowances Employees required by the employer to wear uniforms will be supplied with an adequate number of uniforms appropriate to the occupation free of cost. Such items remain the property of the employer and laundered and maintained by the employer free of cost to the employee. Instead of the provision of such uniforms, the employer may, by agreement with the employee, pay a uniform allowance at the rate of $1.23 per shift 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 32c per shift or $1.49 per week, whichever is the lesser amount. The uniform allowance, but not the laundry allowance, will be paid during all absences on leave. The employer must pay all expenses including registration, running and maintenance where an employer provides a motor vehicle which is used by an employee in the performance of the employee�s duties. An employee required by the employer to use the employee�s motor vehicle in the performance of duties must be paid 74c per kilometer. An employee required to work for more than 1 hours after the usual finishing time will be either provided with a meal or paid a meal allowance of $10.00. Where such overtime work exceeds four hours a further meal allowance of $9.00 will be paid. The meal allowance will not apply when an employee could reasonably return home for a meal within the meal break. On request the meal allowance will be paid on the same day as overtime is worked.

21. Allowances � Admin Staff Any employee exposed to radiation hazards in the course of their work will be entitled to a blood count as often as is considered necessary and will be reimbursed for any out of pocket expenses arising from such test Where an employee, in the course of their employment suffers any damage to or soiling of clothing or other personal effects (excluding hosiery), the employer will be liable for the replacement, repair or cleaning of such clothing or personal effects provided immediate notification is given of such damage or soiling. Where work continues for more than 2 hours in temperatures exceeding 46 degrees Celsius employees will be entitled to 20minutes rest after every 2 hours of work without deduction of pay. It will be the responsibility of the employer to ascertain the temperature. If an employee works for more than 1 hour in the circumstances where the temperature exceeds 40 degrees Celsius they will be paid 0.05% of the standard hourly rate and if it exceeds 46 degrees Celsius 0.06% An employee, when required to perform any duties in a classification higher than their usual classification for more than one day must be paid at least the rate which would be applicable if such duties were performed on a permanent basis. An employee not employed as a full time interpreter who is required to perform interpreting duties will receive an additional 0.11% of the standard rate on each occasion with a maximum additional payment of 1.27% of the standard rate per week. Where the employer requires an employee to install or maintain a telephone for the purpose of being on call, the employer will refund the installation costs and the subsequent rental charges on production of receipted accounts. An employee required by the employer to be on call will receive the following amounts -Mon to Sat inclusive (2.16% of the standard rate per 24 hour period) - Sunday or Public Holiday (4.31% of the standard rate per 24 hour period)

22. Allowances - Nurses Where an employee works a rostered afternoon shift between Mon �Fri, the employee will be paid a loading of 12.5% of their ordinary rate of pay (Afternoon shift means any shift commencing not earlier then 12pm and finishing after 6pm on the same day. Where an employee works a rostered night shift between Mon �Fri, the employee will be paid a loading of 15% of their ordinary rate of pay (Night shift means any shift commencing on or after 6pm and finishing before 7.30am on the following day). The provisions of this clause do not apply where an employee commences their ordinary hours of work after 12.00pm and completes those hours at or before 6.00pm on that day. 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. An employee, when required to relieve another employee in a classification higher than their usual classification for more than three day must be paid at the higher classification rate. Higher duties allowance does not apply to RN levels 4 and 5.

23. Allowances � Nurses continued an on call allowance is paid to an employee who is required by the employer to be on call at their private residence or mutually agreed place. For each 24 hour period the employee is entitled to the following additional amounts: between rostered shifts or ordinary hours Mon-Fri inc � 2.35% of the standard rate, between rostered shifts or ordinary hours on a Sat � 3.54% of the standard rate and between rostered shifts or ordinary hours on a Sun, PH or any day when the employee is not rostered to work � 4.13% of the standard rate. 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. an employee who is not required to be on call and who is recalled to work after leaving he employers premises will be paid for a minimum of three hours work at the appropriate overtime rate. The time spent travelling to and from the place of duty will be deemed to be time worked. 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. 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.

24. Wages Admin Staff: Payment of wages must be either weekly of by agreement between employer and the majority of employees in the relevant enterprise, fortnightly or monthly. Juniors are paid a percentage of the appropriate wage rate. Under 16 years of age 45% 16 years of age 50% 17 years of age 60% 18 years of age 70% 19 years of age 80% 20 years of age 90% Nurses: Payment of wages must be fortnightly unless otherwise mutually agreed up to a monthly maximum period.

25. Termination New redundancy rules state that you need to pay 4 weeks notice if terminating. It is no longer two weeks or as mutually agreed. If an employee terminates employment there is no requirement on the employee to give additional notice based on the age of the employee concerned, not the same for the employer. If an employee fails to give the required notice the employer may withhold any monies due to the employee on termination. 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 each week of applicable leave notice for the purpose of seeking other employment. The time off is to be taken at times that are convenient for the employee after consultation with the employer. The employee must at the request of the employer, produce proof of attendance at an interview or they will not be entitled to payment for the time absent. For this purpose a statutory declaration is deemed sufficient. If an employee is transferred to lower paid duties by reason of redundancy, the same period of notice must be given.

26. Fair Work Ombudsman Inspectors can: enter a workplace (without force) during working hours Interview persons (by consent) Inspect and copy documents and records Inspect any work process or object Take samples of goods or substances Require a person to tell an inspector who has custody of or access to documents Require that a person produce the documents Require a person to state their name and address

27. Fair Work Ombudsman What can an Inspector investigate: Pay slip and time and wages record keeping requirements Freedom of association Union right of entry Underpayment of wages and entitlements Coercion, undue influence, pressure and misleading and deceptive conduct in agreement making Transfer of business Sham contracting arrangements Unprotected industrial action Discrimination Contravention of NES

28. REMEMBER THE ONUS IS ON THE EMPLOYER TO COMPLY

29. Questions?