that recognises relevant previous experience/ increment and salary progression thereafter shall be in accordance with relevant award provisions. 4. NEW APPOINTMENTS AND PROMOTIONS Except where otherwise specifically determined in this award, the commencing salary of an employee either on first appointment or on promotion to a position within a classification or level in respect of which a salary scale is prescribed by this award shall be the minimum salary for that position on the appropriate scale, except in any case where, in the opinion of the employer the qualifications and the practical experience in nursing duties of such person or employee, justify a higher salary. 5. CLASSIFICATIONS (a) Registered nurse - level 1 shall mean a registered nurse who is not otherwise classified within a level of registered nurse positions. (b) Registered nurse - level 2 shall mean a registered nurse who: (i) has demonstrated competence in basic nursing practice and the ability to provide direct care in more complex nursing care situations; and (ii) has the ability and skills to provide guidance to Registered nurses - level 1; and (iii) is appointed as such; and (iv) is employed within a clinical unit. (c) Registered nurse - community health/family and child health shall mean a Registered nurse employed in one of these settings and who is not otherwise classified. (d) Registered nurse - level 3 shall mean a registered nurse who may be referred to as Clinical nurse consultant, Nurse manager, or Staff development nurse. A Registered nurse - level 3 shall be appointed to the Clinical, Management or Staff Development stream: (i) Clinical nurse consultant A nurse who coordinates the delivery of care in a clinical unit and may provide direct care to selected patients/clients with complex care requirements and is accountable for standards of nursing care in a clinical unit. (ii) Nurse manager
a quarter of an hour after the end of rostered day shift on that day is to be paid overtime rates after that quarter of an hour with a minimum payment of a quarter of an hour. Subject to 7(b)(iii), the provisions of 7(b)(i) are to have no effect in circumstances where payment cannot be effected on pay day and the employer and an employee[s] agree to alternative method of payment If the employer fails to effect payment as agreed in sub-clause 7 b(ii), 7 b(ii) is of no standing and payment to an employee[s] is to made in accordance with sub-clause 7 b(i) until payment is made. Payment on Termination of Employment Where employment is terminated, salary and allowances due are, where practicable, to be paid to the employee on the day of termination. If payment on the day of termination is not practicable, the employer is to, as soon as possible deposit salary and allowances due into a financial institution nominated by the employee, or any other arrangement for payment as may be agreed between the employer and the employee. Part 2 (State Service Salaries) of the Financial Management and Audit Regulations 2003 provides for the payment of salary after the death of an employee. (d) Advice of Pay Details (i) Pay advice details must at least include the requirements prescribed by the Industrial Relations Act 1984. (ii) Pay advice details may be provided by way of an electronic employee system (ESS), where appropriate. 8. SUPERANNUATION (a) Superannuation arrangements for employees are prescribed in: the Public Sector Superannuation Reform Act 1999 (PSSR Act) any regulations made for the purposes of the PSSR Act; and the Tasmanian Accumulation Scheme Trust Deed created pursuant to the PSSR Act. clause
(b) An employee is to be a member of the Tasmanian Accumulation Scheme established by the PSSR Act, unless the employee elects in writing to their employer to become a member of another complying superannuation scheme. (c) An employee who had existing superannuation arrangements in place prior to the commencement of this award continues to be subject to those arrangements. 9. SALARY SACRIFICE BY EMPLOYEES (a) Superannuation (i) An employee may elect to salary sacrifice a proportion of their award salary to a complying superannuation scheme of their choice, as defined in the Public Sector Superannuation Reform Act 1999, subject to compliance with any Tasmanian or Commonwealth government directive and legislation. (ii) Administrative costs incurred as a result of an employee entering into or amending a salary sacrifice agreement will be met by the employee. (iii) Salary for all purposes, including superannuation for employees entering into salary sacrifice agreement, will be determined as if a salary sacrifice agreement did not exist. Salary sacrifice agreements will be annual with employees being able to renew, amend or withdraw. An employee may withdraw at any time from a salary sacrifice agreement. Other Benefits An employee may elect to sacrifice a proportion of their award salary for (excluding novated lease of vehicles) and superannuation benefits subject to compliance with any Tasmanian or Commonwealth government directive and legislation. Any Fringe Benefit Tax or direct administrative costs incurred as a result of a salary sacrifice arrangement will be met by the employee. Salary for all purposes, for employees entering into a salary sacrifice arrangement, will be calculated as if the salary sacrifice arrangement did not exist. (iv) Salary sacrifice arrangements will be annual based on the Fringe Benefit Reporting Year with employees being able to renew, amend or withdraw. An employee may withdraw from a salary sacrifice arrangement at any time.
(iii) When an employee returns to work after a period of parental leave an employee is entitled to undertake the duties allocated to them immediately before proceeding on parental leave and which the employee would have continued to undertake but for taking parental leave: (1) if the female employee was moved to safe duties because of the pregnancy – immediately before the move; or (2) if the female employee began working part-time because of the pregnancy – immediately before the part-time work began; or (3) otherwise – immediately before the employee commenced maternity leave, except duties for which the employee was in receipt of a higher or more responsible duties allowances, unless the employee resumes those duties upon returning to work. (iv) If those duties no longer exist, the employer is to assign similar duties at the same classification, as appropriate, to the employee. (k) Right to Request (i) An employee entitled to parental leave pursuant to the provisions of subclause (b)(i) may request the employer to allow the employee to return from a period of parental leave on a part-time basis until the child reaches school age to assist the employee in reconciling work and parental responsibilities. (ii) The employer is to consider the request having regard to the employee's circumstances and, provided the request is genuinely based on the employee's parental responsibilities, may only refuse the request on reasonable grounds related to the effect on the workplace or the employer's business. Such grounds might include cost, lack of suitable replacement staff, loss of efficiency and effectiveness, the specialised nature of the work and the impact on customer service. (iii) An employee may return to work on a modified basis that may involve the employee: (1) working on different days or at different times, or both; and/or (2) working on fewer days or for fewer hours or both, and/or (3) undertaking different duties at the same classification; than the employee worked immediately before commencing parental leave, other than for an employee to whom subclause (i) of this Parental Leave clause applied. (l) Replacement Employees
should formally advise their manager. Where practicable to do so the employee should suggest how their allocated tasks can be prioritised. A manager who has been advised in accordance with sub-clause (c) should respond promptly to the employee’s concerns. Where the manager acknowledges the workload is excessive the response should include a plan to reduce the workload to a manageable level. If the manager does not accept that the workload is excessive the response should outline such reasons. To minimise workload issues the employer is to make every effort to ensure vacancies are filled within three months. If it appears likely this period will be exceeded supervisors and/or managers will consult affected employees, giving the reasons why the vacancy will not be filled and advising how the workloads will be managed having regard to (a) and (b) above. In most circumstances temporary vacancies will be filled as they arise. Where a vacancy is not to be filled supervisors and managers will consult affected employees, giving the reasons why the vacancy will not be filled and advising how the workload will be managed having regard to (a) and (b) above. 3. GRIEVANCE AND DISPUTE RESOLUTION (a) When a possible dispute or grievance arises the employee(s) should in the first instance discuss the issue(s) with their immediate supervisor. (b) The employee(s) may choose to be represented or assisted with the issue(s) by a workplace union delegate or by another person. (c) If the meeting is not resolved a further discussion is to be arranged between the employee and more senior level of management. (d) Should discussions fail to resolve the grievance /dispute, the issue(s) may be referred to the appropriate union (if applicable) and to management representatives. (e) If the issue(s) remains unresolved, either party may refer the dispute /grievance to the Tasmanian Industrial Commission for conciliation /arbitration and settlement. (f) Whilst a dispute/grievance is being dealt with through this process the status quo will remain and work will continue without disruption. (g) However where a safety issue is involved immediate priority will be given to the resolution of it having regard to recognised safety standards and relevant legislation. This may involve the cessation of work where an employee’s safety is at immanent risk.
Allow union officials [organisers, industrial officers etc.] who are appointed by their union, to enter the employer’s workplaces for normal union business or to represent employees, meet with management or members and to distribute or post material, provided that work is not disrupted and at a time during normal working hours which the unions and the employer agree upon; Allow unions with relevant coverage to meet with new employees who are members, or who are eligible to become members, of those unions, at a time during normal working hours which the union[s] and the employer agree upon, and which will be conveyed to employees and; Allow an employee, subject to their appropriate authorisation to make a deduction from salary on each pay day payable to a union in respect of an amount of money specified in such authorisation. 2. WORKPLACE DELEGATES (a) Workplace union delegates will have recognition by the employer through: (i) the right to be treated fairly and to perform the role as workplace delegates without any discrimination in employment, and the right to be treated with respect and without victimisation by management representatives. (ii) The right to formal recognition by the employer that endorsed union delegates speak on behalf of union members in their workplaces and that issues raised by delegates will be dealt with promptly and appropriately. (iii) The right to have workplace union structures, such as delegates’ and worksite committees, recognised and respected. (iv) The right to represent members on workplace issues. (v) The right to representation on consultative committees, genuine consultation and reasonable access to information about the workplace. (vi) The right to reasonable paid time: (1) to represent the interests of members to the employer; (2) to represent the interests of members in industrial tribunals; (3) to consult with union members; (4) to participate in the operation of the union; (5) to research and prepare prior to all negotiations with management;