052.australian Unity Retirement Living NSW Traditional Model Enterprise Agreement 2013

[2014] FWCA 853
DECISION
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Australian Unity Care Services Pty Ltd; Australian Unity Retirement

Living Management Pty Ltd T/A Australian Unity Retirement Living
Services
(AG2014/3358)
AUSTRALIAN UNITY RETIREMENT LIVING NSW TRADITIONAL

MODEL ENTERPRISE AGREEMENT 2013
Aged care industry
VICE PRESIDENT WATSON
SYDNEY, 7 FEBRUARY 2014
Application for approval of the Australian Unity Retirement Living NSW Traditional Model
Enterprise Agreement 2013.
[1]
An application has been made for approval of an enterprise agreement known as the
the Australian Unity Retirement Living NSW Traditional Model Enterprise Agreement 2013
(the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the
Act). It has been made by Australian Unity Care Services Pty Ltd and Australian Unity
Retirement Living Management Pty Ltd.
[2]
I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to
this application for approval have been met.
[3]
The New South Wales Nurses and Midwives Association and Australian Nursing
Federation, New South Wales Branch, has given notice under s.183 of the Act that it wants
the Agreement to cover it. In accordance with s.201(2), I note that the Agreement covers the
organisation.
[2014] FWCA 853
[4]
The Agreement is approved and, in accordance with s.54(1)(a), will operate from
14 February 2014. The nominal expiry date of the Agreement is 1 October 2017.
VICE PRESIDENT WATSON

Printed by authority of the Commonwealth Government Printer
<Price code J, AE406699 PR547441>
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Australiane
The .i\ustralian U~ity Retirement Living

NSW Traditional Model Enterprise
Agreement 2013
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AUSTRALIAN UNITY RETIREMENT LIVING NSW TRADITIONAL MODEL

ENTERPRISE AGREEMENT 2013
1.
2.
3.
INTRODUCTION ................ ,............................................................................................... 4

AIMS ........................ "..................................... ,....... ,,~~~ .............................................................. 4
PRINCIPLES OF AGREEMENT ............................................................................ 5
4.
5.
6.
7.
8.
9.
10.
11.
EMPLOYEE RESPONSIBILITIES
6
ANTI-DISCRIMINATION .............................................................. ~ 7
SCOPE OF THE AGREEMENT ........................................................................................ 7
DURATION AND EFFECT ................................................................................................ 7
NO EXTRA CLAIMS ........................................................................................................... 8
INDIVIDUAL FLEXIBILITY ARRANGEMENTS ....................................................... 8
DEFINITIONS ............................................................................................................... 9
CATEGORIES OF EMPLOYMENT ..................................................................... 10
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
PROBATIONARY PERIOD '"''e,~~atat'l!ttt$:; 12

CLASSIFICATION STRUCTURE & REVIEW PROCESS ................................... 12
HIGHER AND ALTERNATE DUTIES ..................................................................... 13
OVERTIME .............................................................................................................. 13
SATURDAY, SUNDAY AND PUBLICHOLIDAYWORK ................................. 15
PUBLIC HOLIDAYS ...................... ,.............. ,....................................... 15
SHIFT WORK .........
a 16
SHIFT HAND OVER ..................................................................................................... 16
BROKEN SHIFTS ........................................................................................... 16
COMPASS INCENTIVE SCHEME ....................................................................... 17
SALARY PACKAGING ................................................................................................ 18
SUPERANNUATION ...................................................................................................... 18
ANNUAL LEAVE ......................................................................................................... 18
25.
A.NNUAL LEAVE LOADING

19
P AREt.J"TAL LEAVE ..................................................................................................... 19
26.
tllltltlltlt,lttiJIIIII
fl . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
27.
28.
29.
PERSONAL/SICK/CARERS LEAVE .......................................................................... 23
30.
31.
32.
33.
WELLBEING DAY.......................... ~~i 26

JURY SERVICE .................................................................................................... 26
LEAVE WITHOUT PAY .................................................................................. 26
PAYMENT IN LIEU OF ANNUAL LEAVE ............................................................. 27
34.
35.
36.
37.
38.
39.
40.
41.
42.
43.
NAUSEOUS WORK ALLOWANCE ............. ~ 27

MEAL ALLOWANCE ............................. ,.......... ~ ...................................................... , 28
RECALL TO WORK WHEN ON CALL ..................................................................... 28
RECALL TO WORK WHEN NOT ON CALL .......................................................... 28
COMPASSIONATE LEAVE ............................................................................... ,.... 24

LONG SERVICE LEAVE ........................................
JIIIttillllltllllllllllttlllllltltllttll
LIVING ON SITE, ON CALL ALLOWANCE ..........,. ,. .....................
u ....................
25
28
IN CHARGE ALLOWANCE ........................................................................................ 29

UNIFORM ....................................................................................................................... 29
SLEEPOVERS ............................................................ a 30
MEAL BREAKS .................. "''", 32

TEA BREAKS ........... ~~; ..... ,..................... 33
2
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44..
45.
46,
47.,
FLEXIBLE WORK ARRANGEMENTS ~~- 33

OUR WAY OF BEING SAFE u~
34
TRAINING ...................................................................................... ,...... ,........................ 35
FURTHER EDUCATION .................................................................................. 35
48.
49.
50.
51.
52.
53.
54.
36
GRIEVANCE PROCEDURE ...................................
DISPUTE RESOLUTION ................................................................................................ 37
CONSULTATION ON MAJOR CHANGE ............................................................. 38
REDUNDANCY ......"............. ,.................................................................................. "''"' 39
POLICE CHECKS ............................................................................................... 40
TERMINATION OF EMPLOYMENT ....................................................... 41
RATES OF PAY" 42
liiiii
iiil

1.
iNTRODUCTION
1.1
TI1is Agreement shall be knm.vn as The Australian Unity Retirement Living NSW
1.2
Tiris Agreement is established through consultation with the Australian Unity Retirement
Living Services employees through the Employee Consultation Committee, management
of Australian Unity and the NSW Nmses' Association.
2.
AIMS
2.1
At Aushalian Unity, we believe that when we are Bold, Warm. and Honest in our dealings
'vith residents, with each other, and with everyone we connect with, we can deliver on the
promisej "your wellbeing is at the heart of everything we do".
2.2
This is our ideal. While we do not expect to be perfect at it all the time, hmv well we show
this way of being will reflect our progress towards becoming Australia's leading wellbeing
company.
2.3
We recognise the need to build workplace arrangements that conb.'ibute toward this ideal,
and the long term viability of the enterprise in the competitive, and increasingly
challenging retirement living and aged care industry.
(a)
TI1e aims of the Agreement are to:

(i)
Provide retirement and aged care services of high quality that express om
brand.
(ii)
Maximise the long term efficiency m1d prosperity of the operation for the
benefit of residents1 clients, employees/ members and the cormmmityi and
(iii)
Develop and maintain a productive, co-operative m1d harmonious working

relationship.
(iv)
Position the Ol'ganisation to respond to a challenging and rapidly chm1ging

external enviromnent.
2.4
To achieve these objectives it is necessary to >vork together to create a wo1k environment

that fosters excellence in customer service and sustained business performm1ce. In this
enviromnent emphasis lVill be placed on a commibnent to Australian Unity's quality
improvement programs. Accordingly/ mm1agement and staff must be motivated,
empmverecl, and have the skills, knowledge m1d competence to achieve individual m1d
team goals. To this end we agree on the need:
4

(b)
to ensure the achievement of our customer service goals as determined in
arrangements between management and residents;

(i)
to organise work in a flexible manner within (and across) our retirement

villages and aged care facilities. Employees 1'\>illtmdertake duties subject to
the level of their competence and licensing requirements. Work will be
organised in an efficient, effective and safe maru1er;
(ii)
to proactively participate in the company's quality improvement programs

aimed at improving care, reducing errors, ensuring more efficient service
delive1y, and genemlly eliminating waste tluoughout the company;
(iii)
to participate in, cooperate and assist with the introduction of equipment,

work practices and company procedures as an essential requirement for the
sustained viability of the enterprise;
(iv)
for all employees to constantly seek improvements in efficiency, quality,

safety, housekeeping and the work envirorunent in line with best practice
principles;
(v)
for a priority to be placed on training in line with the needs of the business,
to develop people, broaden and advance their skills, and meet the needs of
current and future residents and clients;
(vi)
to recognise, acknowledge, and reward the skill and conh'ibution of people in

their best endeavours to meet the objectives of this agreement; and
{vii)
to acknowledge the cmmection between work and private life and to

liiiiil
facilitate work-life balance.
3.
3.1
PRINCIPLES OF AGREEMENT
The following principles apply in the application of this Agreement:
(a)
In everything we do, we will shive to be Bold, Warm and Honest.
{b)
There is a genuine interest in the wellbeing of people.
(c)
We strive for superior levels of customer service to intemal and external customers.
(d)
It is the duty of every individual to promote the development of trust and

m1derstanding withh1 the enterprise.
(e)
. There is a commitment to creating a safer work place and a more viable and
competitive enterprise.
5

(f)
We respect and value the diversity of the workplace in an enviromnent that fosters
communication, involvement and teamwork.
(g)
We strive for a free exchange of relevant information and ideas.
(h)
Where appropriate there 'iVill be opportuniry for involvement by employees in

matters that affect their work.
4.
4.1
EMPLOYEE RESPONSIBILITIES
As an employee of Australian Unity your responsibilities include:

(a)
Performing all duties assigned to you to the best of your ability, skill and
competence.
(b)
Participating in Aushalian Unity's quality assmance and quality improvement

programs.
(c)
Using your best efforts to promote Aushalian Unity's business, interests and
reputation.
(d)
Complying with all lawful directions of Australian Unity.
(e)
Refraining from falsifying records, or making untrue statements.
(f)
Refraining from possessing property belonging to Australian Unity, its residents or

other employees without permission or authority.
(g)
Refraining from smoking in the workplace (including on, or in all property and
vehicles owned by Australian Unity) aside from specific aTeas designated by
management.
(h)
I
I
Refraining from the use or possession of lm-prescribed drugs, alcohol or any other
substance that may affect the ability to work effectively. Employees must inform
their manager, prior to commencing work, if they are in any way impaired by drugs
(prescribed or non-prescribed), alcohot or any other substance.
(i)
Keeping confidentiafany confidential information that an employee becomes aware

ot or generates in the cmuse of, or in cmmection V1 ith, their employment.
1
Confidential information includes all resident and client information, employee

information, information relating to Aushalian Unity's business or operational
interests, methodology and affairs, financial information, and anything notified as
being confidential.
(j)
Maintaining professional skills and competencies in mder to retain enrohnent or

registration with the Nurses Board or other relevant indushy body (if applicable).
6
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5.
ANTI-DISCRIMINATION
5.1
Australian Unity seeks to prevent and elimh1ate discrimination h1 the workplace. This
includes discrimination on the grounds of race, sex, marital status, disability,
homosexuality, transgender identity, age and responsibilities as a carer.
5.2
TI1e employer and employees have an obligation to take all reasonable steps to ensure that
the operation of the provisions of this agreement are not directly or indirectly
discriminatory h1 their effects.
5.3
Under televant state and federal anti-discrimination legislation it is also unlawful to

victimise an employee because the employee has made, may make, or has been involved
in, a complaint of unlawful discrimh1ation, bullying or harassment.
5.4
Nothh1g in this clause is to be taken to affect:

(a)
Any conduct or act which is specifically exempted from anti-discl'imination

legislation;
(b)
The employer or employees from pursuing matters of tmlawful discrimination in

any State or Federal jurisdiction.
5.5
This clause does not create legal rights or obligations in addition to those imposed upon
the employer or employees by the legislation referred to in this clause.
6.
6.1
SCOPE OF THE AGREEMENT

This Agreement shall be binding upon all NSW employees covered under the Nurses
Award 2010 and the Aged Care A \<~.rard 2010 who are employed by the following entities:
(a)
Aushalian Unity Care Services Pty Ltd (ABN- 44 065.558134, ACN- 065 558 134)
(b)
Aushalian Unity Retirement Living Management Pty Ltd (ABN- 97 003 434 115,
ACN- 003 434115)i
7.
(c)
(collectively 'Australian Unity');
(d)
to whom the nrinimtun 1ates in the Classification Struchrre apply.
DURATION AND EFFECT
7.1
This Agreement is made as an enterprise agreement tmder section 172 of the Act.
7.2
Australian Unity \Viii take the necessmy steps to seek approval of this Agreement under
section 186 of the Act.

7.3
Tilis Agreement will come "into operation on the seventh day after the date of issue
specified in any notice issued by Fair Work Aushalia ('Commencement Date'). TI1e
agreement will operate for a period to Ute nominal expiry date on 1 October 2017
('Nominal Term').
8.
NO EXTRA CLAIMS
8.1
The parties bound by this Agreement acknowledge that this Agreement deals
comprehensively with the terms and conditions of employment of employees bound by it
from time to time and covers all of the matters that the pcuties intend to be the subject of
the Agreement.
8.2
Employees will not make and/or pursue any claim or improvement in any term or
condition of employment (whether or not such term is covered by the Agreement) during
the Nominal Term.
8.3
Employees ,..,,ill not take any protected action during the Nominal Term or all}'
tmprotected action in pursuit of any claim contemplated under this clause.
9.
9.1
INDIVIDUAL FLEXIBILITY ARRANGEMENTS

An employer and employee covered by this ente1prise agreement may agree to make an
individual variation of Ute terms of the agreement if:
(a)
(b)
the agreement deals with 1 Ol' more of the follo\Ving matters:

(i)
aTrangements about when work is performed;
(il)
overtime rates;
(ill)
penalty rates;
(iv)
allowances;
(v)
leaveloadiltg;cutd
the cuTangement meets the genuine needs of the employer and employee il1 relation
to 1 or more of the matters mentioned in paragraph (a); md
(c)
9.2
the arrang~ment is genuinely agreed to by the employer a11d employee.
Tite employer must ensure that the terms of the individual variation cuTangement:
(a)
are about permitted matters tmder section 172 of the Fair Work Act 2009; and
(b)
are not unlawful te1ms under section 194 of the Fair Work Act 2009; and
(c)
result in the employee beiltg better off overall than the employee would be if no
arrangement was made.
l""'l

9.3
The employe1; must ensure that the individual variation arrangement:

(a)
is in writing; and
(b)
includes the name of the employer and employee; and
(c)
is signed by the employer and employee and if the employee is under 18 years of age,
signed by a parent or guardian of the employee; and

(d)
includes details of:

(i)
the tenns of the enterprise agreement that will be varied by the arrangement;
and
(ii)
how the arrangement will vary the effect of the terms; <md
(iii)
how the employee will be better off overall in relation to the terms and
conditions of his m her employment as a result of the arrangement; and
(e)
9.4
states the day on which the arrangement commences.
The employer must give the employee a copy of the individual variation arrangement
within 14 days after it is agreed to.
9.5
10.
10.1
The employer or employee may terminate the individual variation arrangement:

(a)
by providing 28 days written notice to the other party to the arrangement; or
(b)
if the employer and employee agree in \o\'l'iting- at any time.
DEFINITIONS
Where a term of this Agreement has a corresponding definition in ~he Act or the
Regulations, the definition in the Act or the Regulations shall apply. Any such terms that
are also defined in this Agreement are defined for the convenience only of the parties and
shall be overridden to the extent of any inconsistency with the definition fotmd in the Act
or the Regulations.
(a)
Act means the Fair Work Act 2009 (Commonwealth), as amended from time to time,
including considemtion of the National Employment Standards (NES).
(b)
Agreement means this enterprise workplace agreement.
(c)
The employer, means Australian Unity and is:

(i)
Australian Unity Care Services Pty Ltd (ABN - 44 065 558 134, ACN - 065 558
134); and
liil
(ii)
Aushalian Unity Retirement Living Management Pty Ltd (ABN - 97 003 434
115, ACN - 003 434 115);

(d)
Employee means an employee of Australian Unity to whom the classifications in

clause 54 of this Agreement apply.
(e)
Immediate Family has the meaning provided in the relevant provisions of the Act
and includes:
(i)
your spouse (including a former spouse, a same sex spouse, a de facto spouse
and a former de facto spouse). A 'de facto spouse' means a person who lives
with you as your spouse on a bona fide domestic basisi and
(ii)
you or your spouse's child (:including an adopted child, a step-child, an exnuptial child and an adult child), parent, grandparent, grandchild or sibling.
(f)
Ordinary Time Pay includes base pay and over-award payments fm ordinary hours
of work. It does not include Shift or Weekend Penalties.
(g)
Ordinary Hours of '"'ork for a day worker will be between 6:00am and 6:00pm
Monday to Friday.
(h)
Satisfactory Evidence means evidence satisfactory to Australian Unity, subject to

any restrictions imposed on Australim1 Unity by law, and may include a medical
certificate m a statutory declamtion as required by Australian Unity.
(i)
Shiftworker is an employee who :is tegularly rostered to wo1k their ordinary hours
of wmk outside of the ordinary hours of work of a day wmker.
11.
CATEGORIES OF EMPLOYMENT
Full-Time Employee
11.1
A full-time employee whose ordinary hours of work rue a minimum 38 hours per week, is
iiiiii
one engaged as such, m1d is based at Constitution Hilt and the Constihttion Hill Day
Respite facility. Ordinary hours of work will not exceed an average of 38 hours per week
over a four (4) week period.
11.2
A full-time employee whose ordinary hours of work me a minimum 37.5 hours per week,
is one engaged as snch, mtd is based at all other sites rutd facilities. Ordinary homs of
work will not exceed an average of 37.5 homs per week over a four (4) week period.
11.3
An employee's ordinary week/ s work shall be a minimum of 37.5 homs, or be a minimum

average of 37.5 hours per \veek in a four week period (or by mutual agreement, a five
week period in the case of m1 employee working ten hour shifts).
10

Permanent Pa1't-Time Employee

11.4
A permanent part-time employee is one who is engaged as such and who is permanently
appointed to work for a specified number of hours, which are less than those prescribed
for a full-time Employee. There is a minimum engagement of 2 hours for each start.
Casual Employee
11.5
A casual employee is one who is engaged as such, on an houl'ly basis1 otherwise than as a
full-time or a permanent part-time employee. There is a minimum engagement of 2 hours.
for each start.
11.6
The hours of work for a casual employee will be subject to the employee's availability to
work and Australian Unity's need for the services of the casual employee. It is intended
that casual employment will be utilised as bank staff to assist with genuine peaks and
troughs or shortages of labour. It is not intended that casual employees vvill be employed
long term on a regular and systematic basis.
11.7
Where a casual employee has beentostered long term (over 26 weeks) on a regular and
systematic basis and there is a reasonable expectation that this roster will continue,
(provided that the rostering pattem has not resulted from coverage for extended absences
such as parentalleave1 long service leave, workers compensation leave and extended sick
leave), either the employer or employee has the 1'ight to request in writing the conversion
to perma:i1ent employment and that request will not be unreasonably refused by either
party.
11.8
A casual employee will be entitled to a casual loading of 25% of that rate will be paid
instead of the paid leave entitlements accrued by full-time employee~ .
. Review of Homs- Part- Time Employees

11.9
At the written request of an employee, the hours worked by the employee will be
reviewed. Such a request can be made six monthly. Where the employee is regularly and
systematically V1'orking more than their specified contracted hours and there is a
reasonable expectation that these homs \Viii continue, then such conhact hours shall be
adjusted by the employer to reflect the hours regularly worked. The hours worked in the
following circumstances will not be incorporated into the adjushnent:
(i) if the increase in hours is a result of an employee being absent on leave, such as 01'
example rumualleave, long service leave, parental leave, workers compensatiol1i and
11

(ii) if the increase in hours is a tempormy increase in hours only due, for example, to the
specific needs of a resident or client.
11.10 Any adjusted conhacted hours resulting from a review by the Employer should however,
be sucl1 a.s to readily 1eflect roster cycles ru1d sllift coriligmatio11s ittilised at th.e lvorkplace.
Limited Tettu1'e Employee

11.11 A limited tenure employee is an employee who is employed for a limited period of time or
for a specific project/event of finite duration as determined in the employee's letter of offer.
It is not intended that an employee be repeatedly engaged as a fixed term employee where
it could be I'easonably foreseen that the position WHl be permanent.
12.
12.1
PROBATIONARY PERIOD
To ensure that both you and Aushalian Unity have made the right decision, a
probationary period of six months will apply to your appoinhnent dm'ing which time
either you or the Company can terminate employment with one week's notice. Your
manager will be responsible for reviewing your performance dming this period.
13.
13.1
CLASSIFICATION STRUCTURE & REVIEW PROCESS

The classification shucture for employees tmder clause 11 is set out in clause 54 to this
Agreement. The classification rates are presented as an hourly rate of pay.
13.2
The classification shucture set out :in clause 54 shmvs minimum pay rates for each job/role.
13.3
Where the relevant minimum modern award rate exceeds the correspondh1g rate set out
in clause 54 during the life of the agreement, Aushalian Unity will at least match that
minimum modern award rate.
13.4
This agreement allows for movement across the classification strnchue.

(a)
Where progression is stepped out h1 the classification structme, progi"ession will

take place 1\'ith confirmation by .the manager, on the employee's commencement of
employment anniversary date.
(b)
Where progression is not stepped out, a review of the classification of an employee

may take place through the ammal performance management process. For the
1eviev,, to be valid, it must.include consideration of the business or facility's need to
resource at a different or higher classification level, the employee's interest and
12

capability to perform at the different level, and the performance and contribution of
the employee in the past 12 months.
(c)
Any grievance relating to the classification Teview process may be managed via the
GTievance procedure set out in Section 48.
14.
14.1
HIGHER AND ALTERNATE DUTIES

This agreement allows and encourages co-operation across different work ft.mctions at
each Aushalian Unity site. F1om time to time, staff may be requested, or may volunteer
to help out in different functional areas for the effective operation of the facility.
14.2
With the approval of then manager, where employees work in a different ft.mctional area
or in a position carrying a higher rate of pay than the classification in which they are
ordinarily employed for no less than one whole shift, and where that shift exceeds 3 hours,
they will be paid at the higher rate of pay for that shift. This is contingent upon the
assignment covering the majority of duties that would reasonably be expected of the
higher position duril1g the period of the assignment.
14.3
If employees work in a different functional area or at a different level fol' a period not
exceeding 3 hams, then that employee's regular rate of pay shall apply.
15.
15.1
OVERTIME
Overtime applies where an employee works for greater thro1 10 hours in one day, or more
than 152 hours in a 4 week period. When considering ove1tilne, the business and the
employee will consider the following:
(a)
any risk to employee health and safety from wmking the additional hours;
(b)
the employee's personal circumstances, including family responsibilities;
(c)
the needs of the workplace or enterprise il1 which the employee is employedi
(d)
whether the employee is entitled to receive overtime payments, penalty Tates or

other compensation for working additional hours.
15 . 2
If an employee is requested to work overtime, they \Vill be entitled to payment for any
such hours \Vorked in accordm1ce with the following:
Full-time employees
15,3
A full-time employee will be paid the following payments for all wmk done in addition to
their rostered ordinary hours on any day:
13

(a)
for all authorised overtime on Monday to Friday, payment will be made at the rate
of time and a half for the first two hours and double time thereafter;
(b)
for all authorised overtime on a Saturday or Sunday, payment will be made at the
rate of double time; and
(c)
for all authorised overtime on a public holi~ay, payment will be made at the rate
of double time and a half.
15.4
Part-time employees
(a)
All time worked by part-time employees ii1 excess of 152 hours in a 4 week period
wiii be paid for at the rate of time and a half for the fust two hours and double time
thereafter, except on Saturdays and Stmdays when overtime will be paid for at the
rate of double time and on public holidays at the rate of double time and a half.
(b)
All time worked by part-time employees which exceeds 10 hours per day, will be
paid at the rate of time and a half for the fust two hours and double time thereafter1
except on Sundays when overtime will be paid for at the rate of double time and on
1
public holidays at the rate of double time and a half.
15.5
Casual employees
{a)
All time worked by casual employees in excess of 152 hours in a 4 week period
''"ill
be paid for at the rate of time and a half for the first two hours m1d double time
thereafter, except on Saturdays and S1mdays when overtime will be paid for at the
rate of double time m1d on public holidays at the rate of double time and a half.
(b)
All time vwrked by casual employees which exceeds 10 hours per day1 will be paid
at the rate of time and a half for the first two homs and double time thereafter,
e>::cept on Stmdays when overtime ''"ill be paid for at the rate of double time, m1d on
public holidays at the rate of double time m1d a half.
15.6
Any overtime '\vorked must be approved by the appropriate level of management before it
is worked. In certain circumstances such as where urgent tmscheduled overtime 'vork is
requjred to fulfil business objectives and prior approval is impractical1 overtime may be
approved as soon as practical after the overtime is worked.
14

16.
16.1
SATURDAY, SUNDAY AND PUBLIC HOLIDAY WORK
If employees are required to perform ordinary hours of work on a Saturday, Sunday or a
Public Holiday, they will be entitled to a penalty payment for any sue}} hours worked in
accordance with the following (Casuals to receive the higher of the casual loading or U1e
weekend penalty):
(a)
Saturday- employees whose ordinaty working hours include work between

midnight on Friday and midnight on Satmday will be paid at the rate of time and a
half.
(b)
Sunday - employees whose ordinary working hours include work between

midnight on Saturday and midnight on Sunday will be paid at the mte of time and
three quarters.
(c)
Public Holiday -subject to clause 17, employees \vhose ordinary working hours
include work on a gazetted Public Holiday will be paid at the mte of double time
and a half.
17.
17.1
PUBLIC HOLIDAYS
Employees are entitled to the following pub1ic holidays on:
(a)
(b)
each of these days:

(i)
New Year's Day;
(ii)
Aushalia Day;
(iii)
Good Friday;
(iv)
Easter Saturday
(v)
Easter Monday;
(vi)
Anzac Day
(vii)
Queens BiTthday
(viii)
Labour day
(ix)
Qulstmas Day;
(x)
Boxing Day; and
And any day which may hereafter be proclaimed a public holiday tluoughout the
State.
(c)
The dates of the public holidays will be according to the gazetted public holiday
dates as published by each state government.
15
liiiiii

17.2
Employees who regularly work Monday to Friday wi11 be entitled to public holiday
loadings or a day off for each public holiday as listed in clause 17.1. If that day fails on a
Sahtrday or Stmday and if an in lieu day or substitute day is gazetted on a week day, then
tl1e i11liet1 or substitute vvill be observed as tlte public holiday.
17.3
All other employees including casuals will receive loadings for work performed on the
actual public holiday as listed in clause 17.1. All work performed on an in lieu or
substihtte-day by these employees will be paid at the cmresponcling weekend loading rate.
17.4
For example, where a shift worker works on 25 December (a Saturday) and the in lieu or
substitute Chrishnas Day is on Monday 27 December they will only be paid the Public
Holiday penalties for working on 25 December. Ho,vever a permanent Monday to Friday
Employee will be paid Public Holiday penalty rates only 'vhen they work on the substitute
public holiday.
18.
SHIFT WORK
18.1
If employees are required to perform shift 'vork, they will be entitled to penalty ra~es for
any such shifts wmked in accordance with the following; pmt-time employees will only be
entitled to the additional rates where their shifts commence prior to 6.00 am or finish
subsequent to 6.00 pm.
Shift Description
Stmt time and completion
Shift allowance
Aftemoon shift
commencing at 11.00 mn and before 1.00 pm
10%
Aftemoon shift
commencing at 1.00 pm and before 4.00 pm
12.5%
Night shift
commencing at 4.00 pm and before 4.00 am
15%
Night shift
conm1encing at 4.00 am and before 6.00 am
10%
liiiiii
I""!
19.
19.1
SHIFT HANDOVER
Staff rosters will enable the appropriate munber of employees to complete a maximmn 15
minute paid hand over at the end of each shift.
20.
20.1
BROKEN SHIFTS
Broken shift for the purposes of tl1is clause means a shift worked by a casual or permanent
part-time employee other than those under nurse classifications, that includes breaks
16

(other than a meal break) totalling not more than four hours and where the span of hours
is not more than 12 hours.
20.2
A broken shift may be worked where there is a mutual agreement between employer and
employee to the broken shift. Where an employee agrees to work a broken shift an
allowance of $8.11 will be paid.
20.3
Payment for a broken shift will be at ordinary pay with rates and shift allowances in
accordance with overtime penalty rate and shiftvwrk, with shift ,.vork allowances being
determined by the commencing time of a the broken shift . All work performed beyond
the maximum span of 12 hours for a broken shift will be paid at double time.
20.4
An employee must receive a minimum break of 10 hours between broken shifts rostered
on successive days.
21.
21.1
COMPASS INCENTIVE SCHEME

The Compass Incentive Scheme is prot of Australian Unity's Performance Recognition
Program ('Incentive Scheme').
21.2
An annual figure will be allocated a11d budgeted for the Incentive Scheme. TI1e costs of
the incentive payments fm Village staff are met from Resident budgets. On principle
however1 employee eligibility for the incentive is not dependent on from where the
incentive is funded.
21.3
Incentive payments will be made in October each yeru a11d will be based on hours worked
for the complete pl'ior financial yea1 ('Incentive Period').
21.4
Australian Unity may vary the terms of the h1centh!e Scheme or cease operating the
h1centive Schemel at its sole discretion. For example, this may be required due to external
influences on some or all of the business; residents; or individuals resigning from their
employment. Afford ability is a key element in our incentive rewrud arrangements.
h1centive payments are subject to residents and Australian Unity's capacity to pay.
21.5
Australian Unity will determine whether or not.the objectives of the h1centive Scheme
have been met, ru1d the amounts payable for the achievement of those objectives.
21.6
Taxation and supermmuation will be paid from all incentive payments in accordaJ.1ce \vith
legislation.
21.7
If a11 employee has a grievru1ce in relation to the Compass h1centive Scheme, they may
access the grievru1ce clause in clause 48 of this agreement.
17

22.
22.1
SALARY PACKAGING
Employees can apply to salru:y package in accordance with the Aushalian Unity Salary
Packaging Policy.
?2,2
-
You -may
.a.
<>pp1ly to .::~J~...y p~~k~g~

Cl \:::: n"'P~"~l'l'"~Uo"
.... ,
Cll.
0\...
LH.t.
C:.LCl
lUCll.
1
noH~;btt-:o,,~
.LLli.L
t.Ll. .llO V"y
J.L \...
"'"cifi''c>nrr
Lb you f"""'UI'"'
U(l
.1.
.ll
.L
.H,..~li
"-'
entitlement to ordinary wages in exchange for a corresponding amom1t of conh'ibutions

being paid to a complying superannuation fm1d.
22.3
Australian Unity shongly recommends that any eligible employee considering salary
packaging seeks professional financial advice before entering into any arrangement.
22.4
The costs, if m1y, of changes to your salary package as a consequence of entering into a
salary sacrifice arrangement shall be bome by the employee.
22.5
Where a salary packaging arrm1gement results in the employee's future entitlement to

salru.y ('Reduced Salary') failing to a level below that stipulated under their classification
(Clause 54 'Classification Salary'), the employee releases m1d discharges Australian Unity
from any liability otherwise arising because the reduced salary is less than the
Classification Salary.
22.6
Employees may apply to modify their salary packaging arrru.1gements provided the
modified arrangements comply with the Australian Unity Salary Packaging Policy.
23.
23.1
SUPERANNUATION
Australiru.1 Unity will make compulsory superannuation conhibutions on the employees'
behalf into a complying superannuation ftmd.
23.2
Australim1 Unity Aged Care Services m1d Australiru.1 Unity Retirement Living
Management's default superannuation fund is HESTA.
23.3
For the purpose of this clause, 'compulsory superrumuation contributions' mem1s the
minimum level of supermmuation contributions which Australiru1 Unity must make for
you so as not to be liable to pay a charge tmder the relevant supermmuation legislation.
24.
24.1
ANNUAL LEAVE
Full-time and part-tilne employees are entitled to annual leave in accordance with the
Australiru1 National Employment Standards.
24.2
In addition to leave provided for in 24.1 (above) an Employee who is a shift worker shall
be allowed m1 additional ,.veek of rumualleave (38 hours for full-time Employees, pro-rata
for pru.t-time Employees). An employee is to be regru.ded as a shift WOI'ker for the
18
l"""l

purposes of accruing this additional week of annual leave if, during any part of the
relevant twelve months period of service
(b)
A full-time Registered Nurse is regularly rostered over seven days of the week and
regularly works on weekends; or
(c)
An Enrolled Nurse, Resident Care Worker or other employee captured by this

agreement, whether full-time or part-time, works ordinary hours on 10 or more
weekends.
24.3
In addition to the leave entitlements provided in 24.1, an employee classified as a

Registered m Endorsed Enrolled Nurse :in clause 54 is entitled to an additional week of
annual leave. To avoid m1y doubt, this means employees classified as a Registered and
Endorsed Enrolled Nurse, who is not a shift worker for the pmposes of clause 24.2 is
entitled to five weeks of paid mmualleave for each year of service with their employer,
and an employee who is classified as a Registered or Endorsed Enrolled Nurse and
additiona1ly a shift worker for the purposes of clause 24.2, is entitled to six weeks of paid
annual leave for each year of service with their employer.
25.
25.1
ANNUAL LEAVE LOADING

Part-time and full-time employees are entitled to annual leave loading of 17.5% of
ordinary base rate :in accordm1ce with the Classification Sbucture as detailed in clause 54,
m shift allowances and weekend penalties, v,rhichever is the greater.
26.
26.1
PARENTAL LEAVE
Unpaid Parental Leave is available to all permanent full-time and pmt-time employees
iiiil
with 12 months continuous service, as well as long term casual employees {as defined :in
the Fair Work Act 2009).
26.2
Employees' entitlement to unpaid parental leave is governed by the Nationa~ Employment

Standards contained in tl1e Fair Work Act 2009.
26.3
The person nominated as the 'Primary Carer' may take up to 52 \veeks parental leave. This
leave will be an unbroken period of up to a maximum of fifty-two (52) weeks. This is
inclusive of any annual or long service leave that may be taken as paid leave within this
period. The total ammmt of leave (both paid and unpaid) taken must not exceed 52 '"reeks
tmless m1 extending period is approved in accordance with {26 .13).
19
iiil

26.4
Australian Un~ty offers a Paid Parental Benefit equivalent of up to six (6) week's pay (rate
at the time of taking leave) to the Primary Care Giver. This benefit is paid in two equal
parts. The first part is payable at the commencement of Parental Leave, the second is paid
upon retu~ning to work Where less than 6 weeks Parental Leave is taken after childbirth,
the total amount of weeks taken "\\'ill detenrune the number of weeks paid parental benefit.
I.e. if the initial Primary Care Giver takes four weeks of Parental Leave, they will only
receive four weeks paid pmental benefit. These payments are not h'aJ.lsferable for time in
lieu or payment in advance. Pro rata payment applies to Part-time employees.
26.5
Australian Unity offers a Paid Parental Benefit equivalent of up to two (2) week's pay to
the Primary Care Giver where the employee experiences a still birth after 20 weeks or neo
natal death.
26.6
Any provisions for parental leave in this agreement are in addition to any paid parental
leave seheme provided ru.1d funded for by the federal goverrunent.
26.7
An Australiru.1 Unity employee who is the partner (spouse or defacto parh1er) of the
Primary Carer is entitled to up to one 8 weeks (tmpaid) parental leave at the time of the
bil'th. Where the partner becomes the 'Primary Carer' a further 44 weeks parental leave
(unpaid) is available, up until the child's first birthday. This 44 weeks parental ieave cru.1
1
only be taken by the parh1er where they are the Primary Carer'. This cmmot be taken at
the same time as the initial Primary Carer's leave is being taken (except for the first eight
weeks). Any period of leave taken by the initial Primary Carer will reduce the entitlement
to parental leave by the parh1er.
26.8
Where the partner is not the primary care-giver but would like to take more than the eight
weeks' tmpaid parental leave available, they can arrm1ge this in line with standard leave
application requirements in conjtmction with their mru.1ager (see other leave policies).
Where the parh1er becomes the Primary Carer they may also have access to further tmpaid
parental leave under the extending period provision (see Section 26.10).
26.9
An employee who \vishes to attend 1vork during the 6 weeks prior to the expected date of
bnth of the child may be required to provide a medical certificate in relation to her fitness
for work Where a medical certificate is not provided within 7 days of request the
employee may be required to take unpaid parental leave as soon as practicable. Where an
employee is permitted to attend for duty during part of the period of 6 \\reeks prior to the
expected date of bhth, matemity leave shall commence from the first day of absence from
duty.
20

26.10 Employees must provide ten weeks written notice of ai1y proposed parental leave
including stal't and end dates. An employee wishing to extend a period of parental leave
whilst aheady away on leave, must give the employer 4 weeks notice of this change.
Where a variation extends beyond 52 weeks, this will be subject to approval (see
'Additional Leave Provision').
26.11 Employees must also confirm the date of birth, or expected date of birth, of the child (and
for adoption-related leave, the date or expected date of placement, and that the child is, or
will be, under 16 as at the date or expected date of placement).
26.12 Leave begins on the day specified in the letter (written notification) provided by the
employee OR the date that this is varied to upon agreement. Where the partner is the
Primary Carer, leave shall commence after the bilth of the baby upon the date specified in
their application. Where the parh1er is not the Primary Cmer, parental leave commences
upon the birth of the baby. Primary Carer Leave :must be taken in one single continuous
period but concunent unpaid leave may be taken in sepmate shorter periods not ~ess than
2 weeks per occasion.
26.13 After commencement of parental leave the employee may amend the date on which they
intend to return to work on one occasion, provided that not less than 4 weeks' notice in
writing is pl'Ovided setting out the additional leave required. Any further alterations to the
return dateJ including retuming to work earlier thm1 originally planned, is subject to
approval.
26.14 An employee who takes unpaid parental leave for the initial available period (12 months)
may request an extension of leave fo1 a further period of up to 12 months immediately
following the first 12 month period. This request must be in writing and provided at least
4 weeks before the end of the initial parental leave period.
26.15 Bach parent can take up to 12 months unpaid leave (to run consecutively) OR one pment
can reql.test an initial12 months leave follO\ved by a further period of up to 12 months
leave. The request must specify the amom1t (if any) of parental leave that the other parh1er
has taken or will have taken before the extension begins. T11e period of the extension
crumot exceed 12 months less any period of unpaid parental leave or unpaid special
matemity leave that the other pmh1er has taken. T11e amount of unpaid parental leave to
which an employee is entitled is reduced by any extension granted to their pmtner.
26.16 Requests for an extension of pmentalleave are subject to approval and will only be
refused by Australian Unity on reasonable business grmmds.
21
liiiiil

26.17 If, :in the doctor's opinion, the pregnant employee could face illness or risk to health by
continuing to work, an employee's role may be considered temporarily unsuitable. In this
sih1ation, the manager is to work in conjunction ,.vith Hmnan Resources to determine if

there is a more suitable role available for the person to fulfil in the period up to the
commencement of parental 'leave.
26.18 During the period of parental leave the employee may terminate their employment at any
time, provided the required minimum notice of termination is given.

26.19 An employee is entitled to rehtrn to the role they held immediately before they began
parental leave (this does not include a role into which they were transferred because of
p1egnancy). If the role no longer exists when they retmn to work, and other roles are
available, the employee must be given a role which is in salary, status, and location
equivalent to the position held before leave was taken.
26.20 The employee must give four (4) 'veeks w1itten notice of his/her intended date of reh1rn to
work. Please note parental leave must be taken in one continuous unbroken period and
employees who are retmning after an absence of less than their 52 weeks leave, may forfeit
any rights to any remaining or additional pruental leave once they have retumed to work.
26.21 An employee who is a parent, or has the responsibility for the care of a child tmder school
age, and is eligible under the scope of this policy, may request a change in working
arrangements for the purpose of assisting the employee to care for the child. Tlus request
must be put in writing and set out the details of the change sought and the reasons for the
change. Proper consideration will be given to all requests and a response made to the
employee in vniting 'vithin 21 days. Such requests will only be refused on reasonable
business grotmds (see 'Flexible Work Arrangements Policy').
liiiiil
26.22 Time mvay from WOl'k on parental leave without pay does not count as service for
calculation of Long Service leave or any other leave entitlements. Hmvever, any period of
paid leave included as part of parental leave, will cotmt as service fo1 leave calculations.
26.23 The Primary Carer can use any annual or long service leave to which they have
entitlement, ensuring that the overall period of leave taken by both parents does not
exceed 52 \Veeks (or one year after the bh'th of the child) unless an extension of leave is
granted under 26.10. Sick leave is not available to an employee on Matemity leave.
However, if employee suffers ilh1ess which is attributable to the pregnancy, the employee
may use any sick leave to which she is entitled before commencing her Maternity Leave.
l""'l
22

26.24 Salruy increases aTe applicable during tl1e period of parental leave. Pro rata Compass
incentive arrangements are only applicable to time worked.
26.25 Parental leave is unpaid leave which is also available to an employee who will become the
Primary Carer in the adoption of a child. At least ten weeks before the expected date of
adoption the employee must provide a written notice stating the intention to apply for
leave, specifying how long the leave is to last and a statement h-om the Government
Department of Community Services/Adoption Agency or a Custody Order.
~
27.
27.1
PERSONAL/SICK/CARERS LEAVE
Full-time ru1d prut-time employees are entitled to paid personal/sick/carers leave :in
u
LJ
accordance with the National Employment Stru1dards.

27.2
As at the date of Utis Agreement, some of an employee's personal leave entitlements under
the National Employment Standards include:
(a)
Full-time employees are entitled to up to 10 days' paid personal leave per year (prorata for part-time employees).
(b)
Full-time employees may take up to 10 days' personal leave as paid carer's leave per
year (pro-rata for part-time employees).
27.3
Casual employees have no entitlement to paid personal leave.
27.4
Casual employees have ru1 entitlement to up to two (2) days' m1paid carer's leave for each
occasion a membe1 of their hnmediate family or household requires care or support d~e to
a personal ilh1ess, it~ury, or an tmexpected emergency affecting them.
27.5
No payment h1lieu of personal leave will be made on termination for any reason.
27.6
If you are entitled to personal leave, it may be used as:
(a)
sick leave, if you have a personal ilh1ess or injmy; or
(b)
carer's leave, to provide care or support to a member of your immediate frunily or

household who requires care or support because of a personal illness, or injmy of the
member of an unexpected emergency affecting the member.
27.7
If a full/part time employee has exhausted their entitlement to paid cruer's leave, they will
be entitled to up to two (2) days' unpaid carer's leave for each occasion when a member of
their immediate family or household requires care or support due to a personal ilh1ess,
injury, or unexpected emergency affecting them.
27.8
Paid persona]/carer's leave accrues on a pro-rata basis and is cumulative from year to yeru.
27.9
Taking Personal Leave

23
1"""'1

(a)
Employees must make every reasonable effort to inform their manager of their
inability to attend for duty and the estimated duration of their absence, at least four
hours before the commencement of work. If this is not possible, employees must
then inform their manager as soon as reasonably practicable.
(b)
fu the event of an employee becoming sick and certified as such by a medical
certificate1 approved by the employer, m on the production of a Stahttory

Declaration signed by the employee, he or she shaH be entitled to personal leave on
full pay;
(c)
Any Employee may be absent tluough sickness for one day \'l'ithout furnishing
evidence of such sickness as provided in 27.9 (b), on not more than three occasions in
any one year;
(d)
A medical certificate or Stahttory Declaration is required where m1 employee takes

personal leave for two (2) or more days or on either side of a plmmed absence
(including mmualleave, public holidays and weekends).
(e)
The provisions of this clause 27 with respect to payment, do not apply if you are
entitled to workers compensation payments in accordance with workers
compensation legislation.
28.
28.1
COMPASSIONATE LEAVE
Full-time and part-time employees are entitled to paid compassionate leave in accordance
with the Australiml National Employment Stm1dards (NES).
28.2
An employee is entitled to 2 days of compassionate leave for each occasion (permissible

occasion) when a member of the employee's immediate family, or a member of the
employee's household:
(a)
develops an illness or sustains a personal injury that poses a serious tlueat to his or
her life; or
(b)
28.3
dies.
Australian Unity can request that an employee who has taken compassionate leave
provide satisfactory evidence of the requirement to take this leave.
28.4
If an employee is entitled to a peliod of compassionate leave, this leave may be taken as:
(a)
a single, continuous period of two days;
(b)
hvo separate periods of one day each; or
(c)
any separate periods to which you and Australim1 Unity agree.

24

28.5
Casual employees have no entitlement to paid compassi011ate leave, however they will be
provided with tmpaid compassionate leave, provided that they would otherwise be
entitled to such leave and have complied with the requirements tmder this clause 27.1.
28.6
h1 addition to the provisions set out irt this clause 28, Australian Unity is able to consider
additional suppOl't for employees where required on a case by case basis, solely at the
discretion of management.
29.
29.1
LONG SERVICE LEAVE
'I
Employees are entitled to long service leave in accordance with the relevant state and I or
federal based legislation applicable. h1 NSW, the relevant act is NSW Long Service Leave
Act1955.
29.2
In addition to the relevant long service leave legislation, employees are entitled to one and
half months long service leave after 15 years continuous service to for each five years of
continuous service.
29.3
Notwifustanding the provisions in the Act, employees may elect to take their long service
leave entitlements on tlle basis of half the entitlement in time on double yom pay or
double the entitlement on half your pay.
29.4
Applications under this clause shall be at the initiative of the employee, and shall be in
wlitLng, providing reasonable notice.
29.5
If employees make an application under this clause, it is recommended they seek
independent advice regarding the taxation implications of seeking payment 'l.mder this
clause. Australian Unity shall not be held I'esponsible in any way for the cost or outcome
of any such advice.
29.6
At the employee's request, Australian Unity shall provide information as to the amotmt of
tax it is required to deduct. Australian Unity shall not be responsible for decisions made
l"""'l
by employees as a result of this information.

29.7
Where an employee resigns with greater than five years service on account of illness,
incapacity or domestic or other pressing necessity, the company may make pro-l'ata
payment of the long service leave accrued.
liiiiiil
25

30,
30.1
WELLBEING DAY
Australian Unity will provide a Wellbeing Leave Day for employees to work on their own
wellbeing, and in doing so promote employee wellbeing and reinforce a definition of

wellbei.."',g in line with the Australian Unity Wellbeing Index.
30.2
Full-time and Part-thne employees are entitled to one (1) day leave during the year, each
calendar yeru:. For part-time employees this leave is calculated on a pro rata I contracted
hours basis.
30.3
This leave day is only to be used for plmmed leave. Employees are required to submit a
leave request in order to take their Wellbeing Leave Day and this must be submitted to
their manager for approval at least two (2) weeks prior to taking such leave.
31.
31.1
JURY SERVICE
Where full-time employees are required to attend for jury service during ordinary work
hours, they will be reimbmsed by Australim1 Unity in m1 amount equal to the difference
between the amount paid by external bodies for attending for such jury service a11d the
amount the employee would have received in respect of the ordinary time worked had
they not been on jury service and in regular employment.
31.2
Where part-time employees are required to attend for jury service, and such attendance
coincides vdth a day they would normally be required to work, they shall receive payment
in accordm1ce with clm1se 31.1.
31.3
Employees required for jmy service must notify Aushalian Unity as soon as possible of
the date upon which they are required to attend. Further, employees must give Australian
Unity proof of this attendance, as well as details regmding the duration of this attendance
liiiiii
and the ammmt received in respect of such jmy service.
32.
32.1
LEAVE WITHOUT PAY

By agreement behveen the employer and a permanent employee, an employee may be
granted a period of leave without pay.
32.2
The period of leave \-vithout pay will not break the continuity of service but will not count
for the pmpose of:
(a)
accruing ammalleave, incremental progression, sick leave m1d public holidays;
(b)
accruing long service leave except in the case of employees who have completed at
least ten years service
I""!
26

(c)
qualifying period for paid and unpaid pcu_.entalleave; and
(d)
the calculation of notice and severance pay in accordance with clause 53 -
Termination of Employment and clause 51- Redundancy.
33.
33.1
PAYMENT IN LIEU OF ANNUAL LEAVE

It is Aushalian Unity's position that employees' annual leave accruals should be taken as
leave in each period of 12 months service, so that employees are properly rested to retain a
sense of wellbeing and balance with their personal lives, and have the required energy and
commitment to their conh'ibution at work Employees and managers should work
together to ensure that annual leave is appropriately planned and regulm'ly taken.
33.2
Not withstm1ding 33.1, and subject to the Fair Work Act 2009, where employees have
accumulated in excess of 4 weeks' rumualleave, ru1d where the personal circumstances of
the employee demonshably indicate a requirement1 they may request in writing, once
annually to have the outstanding number of days paid out at their current base mte of pay,
leaving a balance of at least 4 weeks. Tilis is provided that:
(a)
TI1e employee gives Australian Unity a separate declaration to cash out annual leave;
(b)
Aushalian Unity authorises the election; and
(c)
TI1e employee is only entitled to cash out up to 2 weeks' annual leave in each 12
month period (based on the number of hours WOl'ked, calculated 1.1. accordance with
the Act).
33.3
Once your election tmder clause 33.1 is approved:

(a)
Austra1iru1 Unity will:

(i)
make a payment to the employee which 1epresents at least the full amount
that would have been payable to the employee had they taken the leave
foregone; and
(ii)
1""'1
reduce the employee's accmed ammalleave by the ammmt of ammalleave

cashed out; and
(b)
34.
34.1
the employee will no longer be entitled to the annual leave that has been cashed out.
NAUSEOUS WORK ALLOWANCE

An allO\vance of $0.38 per hom or part thereof will be paid to an employee in any
classification if they areengaged in handling linen of a nauseous nature other than linen
sealed in ahtight containers and/or for work \Vhich is of a11 tmusually dh'ty or offensive
27

nature having 1egard to the duty normally performed by such employee in such
classification.
35.
35.1
MEAL ALLOWANCE
An employee will be supplied with an adequate meal where an employer has adequate
cooking and dining facilities or be paid a meal ailowance of $11.73 in addition to any
overtime payment as follows:
(a)
when required to work after the usual finishing hour of work beyond one hour or, in
the case of shift workers, when the overtime work on any shift exceeds one hour.
{b)
Provided that where such overtime wmk exceeds four hours a fmther meal
allowance of $10.57will be paid.
36.
36.1
RECALL TO WORK WHEN ON CALL

An employee, \VllO is required to be on call and who is recalled to work, will be paid for a
minimum of three hours work at the appTopriate overtime rate.
37.
37.1
RECALL TO WORK WHEN NOT ON CALL

An employee who is not required to be on call and who is Tecalled to work after leaving
the employer's premises will be paid fm a minimum of three hours work at the
appropriate overtime rate.
37.2
The time spent haveiiing to and from the place of duty will be deemed to be time worked.
Except that,
\o\7 here
an employee is recalled within three homs of their rostered

iiiiiil
commencement time, and the employee remains at work, only the time spent in travelling
to work will be included with the achtal time worked for the purposes of the overtime
payment.
37.3
An employee '"'ho is recalled to work will not be obliged to work for three hours if the
work for which the employee \vas recalled is completed within a shorter period.
38.
38.1
LIVING ON SITE, ON CALL ALLOWANCE

Only where Australian Unity provides and authorises, and only with the employee's
agreement, an employee may reside on site at the facility they ordinarily work at. The
rental arrangements will be muhtally agreed at the time between the employee and
28

Australian Unity. If no agreement can be reached, the on site living arrangement willnot
proceed or continue.
38.2
Only where an agreement as per 38.1 exists, the On Call allowance wlll be of $30 per
village per 24 hour period.
38.3
When living on site, a $25 allowance per call out is payable upon proper authorisation
sought m1d gained by the manager.
39.
39.1
IN CHARGE ALLOWANCE
A registered muse who is designated to be ht charge during the day, everting or night of a
residential aged care facility shall be paid in addition to his or her appmpriate salary,
whilst so h1 charge, the per shift allowance of $33.01
40.
40.1
UNIFORM
Sufficient suitable and serviceable uniforms or overalls shall be supplied free of cost, to
each employee required to "\\'ear them. An employee to wl1om a new uniform or pmt of a
uniform has been supplied by the organisation, who fails to return the correspondhtg
article last supplied, shall not be entitled to have such article replaced without payment for
it at a reasonable price.
40.2
Upon termination, m1 employee shaii return any tmiform or part thereof supplied by the
organisation, which is still ht use by the employee, hnmediately prior to leaving, or as
soon as is reasonably practical.
40.3
Australian Unity provides laundry fa~ilities onsite, available for employees to lmmder
then uniforms. If a site is not able to pmvide this facility, the sum specified :in the table
below V{ill be paid as laundry allowance. Employee's wlll require prior approval from
their manager that the latmdry facility is not available, to receive the allowance. TI1at the
payment of such laundry allmvance shall not be made to any employee on absences
exceeding 1 pay cycle.
From 1st full pay
period on or
ALLOWANCES
after 1 OCT 2015
Laundry Allowance
$1.61 per weel<
1""""'1
29

40.4
An employee who works less thmt thirty-eight hours per week shall be entitled to the
allowances prescribed by this clause in the same proportion as the average hours worked
each week bears to thirty-eight ordinary hours.

40.5
Each employee \vhose duties require them to work out of doors shall be supplied with
overboots. Sufficient raincoats shall also be made available for use by these employees.
40.6
Each employee whose duties require them to work h1 a hazardous situation with or near
machinery shall be supplied with appropriate protective clothing and equipment.
40.7
For employees engaged in commmuty care services.the following shall apply:

(a)
On request the employer shall supply free of chm:ge two sets of full body aprons or
1
other attire as agreed by the employer and the employeej

(b)
The attire supplied in (a) above1 shall be replaced by the employer on the basis of fair
wear mtd tear;
(c)
The attire supplied in (a) above1 shall remain the property of the employer at all
times and any employee applying for a new issue supplied by the employer who
fails to retum their last issue shall not be entitled to a new issue without payment
thereof;
(d)
All new employees at time of engagement and all existing employees at the time of
the next issue of tmiforms may be requested to sign an authorisation permitting the
. employer to deduct the value of mrlforms and/or employer property from
termination monies if the uniform and/or employer's property is not returned.
Authorisation will not be forced} and if agreement is not pl'Ovided, alternative and
suitable arrangements may be made, such as the purchasing of the required muform.
Employer property is property personally given to an employee and where such
property can reasonably be expected to remain in the employee's personal control;
(e)
Where an employee is required to WOl'k outdoors the employer shall provide a

suitable broad-brimmed hat.
41.
41.1
SLEEPOVERS
In addition to normal rostered shifts, employees other thm1 those working under nursing
classifications, may be required to sleep over. A sleepover means sleeping in at 1ught, at
the place of work, in order to be on call fm all \vork necessarily tmdertaken by these
employees.
41.2
Should you be required to sleepover, the follmving provision will apply:

30
liiiiil

(a}
The following conditions shall apply to each night of sleepover.

(i)
The employee will be provided with free board and lodging for each night
they are required to sleepover;

(ii)
The employee will be provided with a separate room with a bed and use of
staff facilities or client facilities where applicable;
(ill)
In addition to the provision of free board and lodging for such nights,
employees will be entitled to a sleepover allowance at the rate set out in
clause 41.2. (c) of this Agreement each night on which you sleepover. All
time worked during a sleepover shall com1t as time WOl'ked and be paid for
in accordance with the foll01ving provisions;
(A)
All time worked by permanent full-time and part-time employees

dming a sleepover shall be paid at ordinary pay plus any applicable
shift and weekend penalties; provided that if the total number of hottrs
worked in the week exceeds 38 hours, then the excess hours worked in
that week shall be paid for at overtime rates.
(B)
All time "\vorked by casual employees dming a sleepover shall be paid

at ordinary pay (including casual loading), plus any applicable shift
and weekend penalties; provided that if the total number of hours
worked in the week exceeds 38 hours, then the excess hours ~worked in
that week shall be paid for at overtime rates.
(C)
And provided further that where the employee does not have eight
consecutive hours off duty between ordinary rostered duty on
successive days, then the provisions of sub-clause (vi) of this clause
liiiil
will apply.
(iv)
A sleepover may be rostered to commence immediately at the c<?nclusion of

the employer's shift and continuous with that shift, and/or immediately prior
to the employee's shift and continuous with that shift; and not otherwise.
(v)
No employee shall be requued to sleepover duri11g any part of theh' allocated

days off.
(vi)
An employee (whether a full-time employee; permanent part-time employee

01'
casual employee) who performs so much work during sleepover periods
between the termination of theh ordinary work on ru1y day or shift and the
commencement of then ordinary work on the next day or shift that they have
31
l""l

not had at least eight (8) consecutive hours off duty between these times shall,
subject to this sub-clause, be released after completion of such work until
they have had eight (8) consecutive hours off duty without loss of pay for
ordinary working th11e occmring during such absence,

(b)
If on the instruction of the employer such an employee resumes or continues to vmrk

without having such eight consecutive hours off duty they shall be paid at double
time of the appropriate rate applicable on such day until they are released from duty
for such period and they then shaH be entitled to be absent until they have had ten
consecutive hours off duty without loss of pay for ordinary working time occurring
during such absence.
(viii)
Casual employees may only be used for sleepovers when full-time

employees or permanent part-time employees are not available for that duty
and in no case shall casual employees be used exclusively o1 almost
exclusively for sleepovers.
(c)
Minimum sleepover allowance rate are detailed in the table below. Any cmTent
local al'l'angements above the minimum prescribed shall be retained.
From 1st full pay
From 1st full pay
period on or after 1
period on or after 1
ALLOWANCES
OCT2014
OCT2016
Sleepover Allowance
$44.58/ night
$46.48/ night
(d)
Nothing in this clause shall preclude the employer from rostering an employee to
iiiiii
\-vork shift >vork in lieu of tmdertaking sleepovers.
42.
MEAL BREAKS
(a)
Each employee >vho works in excess of five Ii.oms will be entitled to an tmpaid meal
break of not less than 30 minutes and not more than 60 minutes duration, to be taken
at a mutually agreed time after conunencing vmrk.
(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 tmtil the meal break is taken
!"""l
32

43.
TEA BREAKS
(a)
Two separate 15 minute intervals (in addition to meal breaks) will be allowed to each
employee on duty during each ordinary shift of 7.6 hours or more.

(b)
Where less than 7.6 ordinary hours are worked, employees will be allowed one 15
minute interval in each four hom period
(c)
44.
44.1
Tea breaks will count as time '"'orked.
FLEXIBLE WORK ARRANGEMENTS

The parties acknowledge the need for Australian Unity to maintain flexibility in various
aspects of its operations to facilitate responsive service for om residents, and high levels of
service and performance by Employees.
44.2
Employees may be required to work at other AushaHan Unity sites as Teasonably required
by the business. In assessing "reasonableness", Australian Unity will consult with the
employee and consider the following:
44.3
(a)
The duration of travel (beyond normal travel time)
(b)
l)istallCe
(c)
Length of the assignment at the alternate location
(d)
Cost to employee
(e)
The employee's family al1d personal responsibilities.
Where flexible work arrangements are required by the business and involve the employee
havelling to a location other t~l<'.n their ordinary place of work, the exha havel time Call be
claimed in adval1Ce with pre approval from the manager as paid as ordinary time where
that time can be reasonably expected to exceed 30 mins over their normal travel time on
any one tmbroken jomney to or from the worksite, from or back to the person's usual
place of residence.
44.4
Where all employee is called upon and agrees to use his Ol' her private vehicle for official
business, the employee shall be paid the per kilometre allo-wance of $0.76 per kilomehe as
set by the ATO, indexed and subject to chal1ge, excluding havel to and from the
employee's home to the first place of work and return to home at the end of his or her
duties.
44.5
Australian Unity recognises that employees may seek to balance their work and home
responsibilities at different stages of their lives, pm'ticularly where family alld carer
responsibilities al"e a consideration. Aushalian Unity is committed to explming an
33
J
LJ

employee's need for flexibility in their work arrangements, subject to the reasonable needs
of the business.
44.6 . Flexible work arrangements can only occm by fonnal agreement between Aushalian
Ur>ity (the employer) and the staff member (the employee) alter a proper assessment of the
requirement for and viability of the proposed arrangement. All applications must be made
with the employee's manager.
44.7
AU requests will be carefully considered and a written response provided to the employee
within 21 days. This response will state whether the request has bee11 granted or refused
and any associated reasons for this decision.
44.8
The employee agrees that, subject to appropriate consultation and 1easonableness,

Australian Unity may request, :in accordance with its business needs, that employees take
rotating meal breaksi vruy their start and finish times and/or have flexible shift
arrangements.
44.9
An employee's work homs may cover both day and afternoon shift, or afternoon and night
shift (with appropriate shift penalties).
45.
45.1
OUR WAY OF BEING SAFE

The parties to this Agreement are committed to achieving an incident ru1d injury free work
enviTmrment.
45.2
Employees are required to make effective use of the Our Way of Being Safe Management
System, and to make all reasonable efforts to eliminate incidents and causes of injury at
work. Where existing Om Way of Beh1g Safe systems and processes are fotmd to be
insufficient employees are required to be proactive, notify management and have input
into pTocess improvement by reporting up to the Our Way of Being Safe Committee.
45.3
Any employee required to attend Our Way of Beh1g Safe Committee meetings in the
capacity of employee rep1esentative shall, if such meetings me held outside t~1e ordinary
hours of work, be entitled to receive ord:inmy pay per hour for the actual time spent in
attendance at such meetings. Such time spent shall not be viewed as overtime for the
purposes of this Agreement.
45.4
Where an employee's role or ftmction is recommended by site management to have

Hepatitis A ru1d Hepatitis B vaccinations, those vaccinations will be provided at a time
specified by Australian Unity Management on-site at the company's expense. Site
management will not compel vaccinations to be taken. Employees \Vislling to be
34

vaccinated as specified above, are responsible for ensuring that they are available to
receive the vaccination at the time and date specified. Flu vaccinations will also be
provided at the company's expense according to the processes and providers at the time.
45.5
Australian Unity will provide annual health checks for all staff to encomage and promote
a healthy workplace.
46.
46.1
TRAINING
All employees have a responsibility to maintain and upgrade their skills commensurate
with the requb.'ements of their position. All employees have a responsibility to ensme
attendance at training that is requiTed to meet statutory responsibilities. Tins includes, but
is not limited to: fire and emergency training, manual handling haining, infection conhol,
SAFETRAC and food handling; as provided by Aushalian Unity in each hvelve month
period OI' as 1equir~d.
46.2
Where employees are required to attend compulsory trahung or a compulsory workrelated meeth1g, outside the course of a rostered shift1 the ordinary rate of pay and
relevant penalty mtes shall apply and be paid in accordance with the length of the haining
or meeth1g conducted, Ol' one (1) hom~ "\Yhichever is the greater.
46.3
In oider to fulfil the confumh1g professional development requirements of the Nursing

and Mid"lVifery Board of Aushalia, registered nurses and enrolled nurses will be provided
access to training and reimbmsement of costs associated with the haining. This training
may involve any combination of the following and must be authorised by Management:
(a)
Writing or reviewing nursing educational materials;
(b)
Presenting at or attending WOl'kplace education sessions;
(c)
Attendance or presentation at external conferences, lectures, seminars or

professional meetings;
46.4
Where compulsmy hahling or '\vork-related meetings are conducted at a location other

than the employee's ordinary place of work, extra havel time required to get to the
location, in accordance with the provisions set out in 45.3 can be claimed as paid time.
47.
47.1
FURTHER EDUCATION
Australian Unity will support and encourage individual employees to improve their
overall competency and promotional opporhmities by studying in theh' mvn time and
acquhing additional qualifications.
35

47.2
Full-time employees shall be entitled to a minimum of two (2) days' paid study/
examination leave per semester for the purposes of attendirtg courses and/or undertaking
or preparing for examinations in a course of study appropriate to the position and
orgardsationcJTequiremerltSi ll1 accordance \~lith. tl1e l\ustrC'lia11 Urrlty 'Fttrth.er Edttcatio11
Pollet.
47.3
Part-time employees who work 110t less than four (4) shifts per fortnight with a minimum
of one (1) year's service, shall be entitled to study/examination leave tmder this clause, on
a pro rata basis.
47.4
Leave entitlements tmder this clause shall not accumulate from year to year and are
subject to prior approval from management.
47.5
If Australian Unity requests that an employee undertake additional study critical to the
effective operations of the facility, Australian Unity will fully fund the cost of this training
and ensure this time is paid time at the employee's ordinary rate of pay.
47.6
If the employee is granted study leave under this clause, it shall be taken at a time that is
mutually agreed between the employee and Aushalian Unity prior. Aushalian Unity
shall not unreasonably withhold approval for such leave.
48.
48.1
GRIEVANCE PROCEDURE
A grievance is a formal expression of dissatisfaction about a situation at "\Vork, usually by

an individual employee. If an employee has a grievance regarding a work-related matter,
they have the right for this grievan.ce to be heard. A grievance does not include an
objection to matters of a general nature to do V{ith the organisation of the workplace, but
rather an issue an individual employee may encotmter, is impacted by and seek resolution
to.
48.2
TI1e employee should, in the first instm1ce, attempt to resolve the grievm1ce in consultation
with their immediate supervisor.
48.3
If the employee still feels aggrieved, they may refer the matter to their next immediate
manager.
48.4
If the grievm1ce is still tmresolved, the employee can refer the matter to then: Hmnm1
Resources representative, or to senior management.
48.5
At any stage n1 the fonnal grievance resolution process the employee may have a
repl'esentative of theiT choice present.
36

48.6
If the grievance is still umesolved, the matter may either be referred to agreed mediation
and a meeting arranged, or access clause 49 Dispute Resolution.
48.7
Each step of the grievance process should be conducted in a timely mrumer by all parties
concerned.
49.
49.1
DISPUTE RESOLUTION
Where the parties have taken all reasonable steps to resolve a grievru1ce at workplace level
(in accordance with clause 48) but the matter remains tmresolved, a genuine dispute may
arise.
49.2
Parties may not access Section 49 Dispute Resolution, unless Section 48 Grievance
Procedure has been followed with full and proper intent.
49.3
If the dispute relates to:

{a)
a matter arising under the agreement; or
(b)
the National Employment Standards;
a party to the dispute may refer the matter to a11 external third party, including Fair W mk
Australia by their processes and authorities, to help resolve the matter.
49.4
The parties may appoint their own representatives for the purposes of the procedmes in
this clause.
49.5
While the parties are trying to resolve the dispute using the p1ocedures in this term:
(a)
atl
employee must continue to perfOl'm his or her work as he 01' she would nOl'mally
tmless he or she has a reasonabie concern about atl imminent risk to his or her health
or safety; and
iiiil
(b)
an employee must comply with a direction given by the employer to perfOl'm other
available work at the same workplace, or at another 1vorkplace, unless:
1""'1
(i)
the work is not safe; or
(ii)
applicable occupational health and safety legislation would not permit the
work to be performed; or
(iii)
the \Vork is not appropriate for the employee to perfmm; or
(iv)
there are other reasonable grmmds for the employee to refuse to comply with
the direction.
liiiiiil
. 49.6
Any decision of Fair Work Australia as the final arbihator will bind the parties, subject to
either party exercising a right of appeal against the decision to a Full Bench.
37

50.
50.1
CONSULTATION ON MAJOR CHANGE

This term applies if:
{a)
the employer has made a definite decision to inhoduce a major change to production,
program, orgatUsatiotl, struchtre, or tec:b.nology h1 relation to its e11terp1isej a11d

(b)
the change is Hkely to have a significant effect on groups of employees h1 the

workplace.
50.2
The employer must notify the relevant employees of the decision to inhoduce the major
change.
50.3
TI1e relevant einployees may appoint a representative for the purposes of the procedures
h1 this term.
50.4
If:
(a)
a relevant employee appoints, or relevant employees appoint, a representative for

the purposes of consultation; and
(b)
the employee or employees advise the employer of the identity of the representative;
the employer must recognise the representative.

50.5
As soon as practicable after making its decision, the employer must:

(a)
(b}
discuss with the relevant employees:

(i)
the inhoduction of the change; and
(ii)
the effect the chm1ge is likely to have on the employees; and
for the pmposes of the cliscussion - provide to the relevant employees:

(i)
relevant information about the change including the nature of the change
proposed; and
50.6
(ii)
information about the expected effects of the change on the employees; and
(iii)
any other matters likely to affect the employees.
However, the employer is not requiJ:ed to disclose confidential or commercially sensitive

hlformation to the relevant employees.
50.7
The employer must give prompt and genuine consideration to matters raised about the
major change by the relevant employees.
50.8
If a term in the enterp1ise agreement provides for a major change to production, program,
organisation, structure or teclmology in relation to the enterprise of the employer, the
requirements set out in subclauses (1), (2) and (4) are taken not to apply.
50.9
In this term, a major change is likely to have a significant effect on relevant employees if it
results in:
38

(a)
the termination of the employment of the relevant employees; or
(b)
major change to the composition, operation or size of the employer's workforce or to
the skills required of relevant employees; or

(c)
the alteration of hours of work; or
(d)
the need to retrain relevant employees; or
(e)
the need to relocate relevant employees to another workplace; or
()
the reshucturing of relevant jobs.
(g)
h1 this term, "relevant employees" mem1s the employees who may be affected by the
major change.
51,
51.1
REDUNDANCY
Where an employee occupies a position (role) that Australian Unity dete1mines is no
longer required by the business, that position is made redundant.
51.2
Australian Unity is committed to making all reasonable efforts to find suitable

opporhmities for the person who has originally filled the position that has been made
redundant and keep them employed by the business.
51.3
Where the employer is able to offer reasonable alternative employmetlt that makes use of
the employee's skills and experience on terms and conditions substantially similar to, and
considered on m1 overall basis :including travel1equirements, no less favourable than the
position they held, then their employment will not be terminated by the organisation. In
such circumstances redundm1cy pay is not offered. Redundancy pay may be offered
where the employee's role no longer exists, and no other employment described in this
liiil
clause is mrailable.
51.4 Employees being retrenched are entitled to a redundancy package based on years of service.
Entitlements as follows:
I"'!
liiil
39

Less than 1 year
Over 1 year but less than 2
Mme than 2 yeal'S continuous
continuous service
years continuous service
service
8 Vleeks notice (may be
8 V\Teeks 11otice (1nay be vvorked
8 Weeks notice (may be
'vorked or paid in lieu
or paid h1lieu dependh1g on the worked or paid in lieu
depending on the
requiTements of the bush1ess)
requhements of the
depending on the
requirements of the business)
business)
0 '"'eeks redtmdm1cy pay
4 weeks redundancy pay
3 weeks redundancy pay for

each completed year of
service
51.5
RedtmdmlCy payments are capped at 35 weeks (inclusive of the 8 weeks notice).
51.6
Australim1 Unity is responsible for ensming that in all circumstm1ces where termination of
employment mises due to redtmdancy, genuine grounds for this redundm1cy exist.
51.7
The notice period may be a worked period and if soJ the amotmt of notice to be worked
will be agreed upon between the Manager, Htrmml Resources and the employee. Any
specific activities that may be required to be rmdertaken by the employee before departure
will also be agreed upon.
51.8
The employee will be paid on receipt of confinnation that all company assets have been
returned and all outstanding monies owed to Australian Unity me paid in full. Where m1
employee has agreed to have monies deducted to the value of company property not
liiiiiil
rehm1ed, such a deduction may be made from final termination payments where
company property is not retmned.
52,
52.1
POLICE CHECKS
Employees will be requested to tmdertake a Police Check a.t Aushalian Unity's cost as a
condition of employment.
52.2
If an employee is requested to tmdertake a Police Check, their application must be
satisfactorily completed either withh1 one month of the commencement of their

employment1 or in accordance with the relevant legislation which requires clearance prior
to the commencement of employment. Employees must provide a copy of the Police
Check results to the employer as soon as this becomes available.
40
AUSTRALIAN UNITY RETIRErviENT LIVING NSW TRADITIONAL MODEL

52.3
If an employee's Police Check identifies a conviction, or where the employee fails to

provide a copy of the results to the employer, Aushalian Unity reserves the right to 1eview
the terms of that person's employment_ :including immediately terminating employment

without notice.
52.4
If the employee fails to maintain a satisfactory Police Check, Australian Unity also reserves
the right to review the terms of that person's employment, including inunediately
terminating employment without notice.
53.
53.1
TERMINATION OF EMPLOYMENT
Australian Unity may terminate the employment of a full-time or part-time Employee, for
reasons other than redtmdancy by providing notice of termination in accordance with the
following scale:
53.2
Period Continuous Service
Notice
Not more than 1 year
At least 1 week
More than 1 year but not more than 3 years
At least 2 weeks
More than 3 years but not more than 5 years
At least 3 weeks
More than 5 years
At least 4 weeks
If an employee is over 45 years of age and has completed at least two (2) years of
continuous service with Austraiia Unity, the Employee will be entitled to an additional
week's notice.
53.3
Australian Unity may provide an employee with payment in lieu of notice, equivalent to
the Employees ordinmy time pay rate that is payable during that notice period.
53.4
An employee with not more than one (1) yems service may terminate their employment by
providing at least 1 weeks notice of termination. An employee with one (1) year or mme
service may terminate theiJ. employment by providil1g at least 2 weeks notice of
termination.
53.5
If m1 employee's employment is terminated on the basis of redtmdancy, they are entitled

to notice of termination in accordance with clause 51 of this Agreement.
53.6
A Statement of Service will be provided on departure when requested by the employee.
53.7
Australian Unity reserves the right to smnmmily terminate an employee's employment if

the employee engages in an act of serious or wilful misconduct.
41
liiil

53.8
For the purposes of this clause, serious misconduct includes (but is not limited to):
(a)
any wilful or deliberate behaviour by the employee that is inconsistent with the
continuation of their employment; and
(b)
53.9
conduct. that causes hJ.mrinent and serious risk to either:

(i)
the health, or safety, of a person; or
{ii)
the reputation, viability or profitability of Australian Unity's business.
The provisions of this clause are not applicable where a business is h<msmitted from an
employer (:in this subclause called the transmittor ) to another employer (in this subclause
called the transmittee ), :in any of the following circumstances:
(a)
where the employee accepts employment with the transmittee that Jecognises the
pel'iod of continuous service that U1e employee had with the transmitter, and any
prior transmitter, to be continuous service of the employee with the transmittee; or
(b)
where the employee rejects an offer of employment vdth the transmittee:

(i)
in which the terms and conditions are substantially similar and no less
favourable, considered on an overall basis, than the terms and conditions
applicable to the employee at the time of ceasing employment witl1 the
hansmittor; and
(ii)
that recognises the period of continuous service that the employee had with
the transmittor and any prior transmittor to be continuous service of the
employee with the ttansmittee.
53.10 Employees exempted

(a)
Clause 53 does not apply to:

{i)
employees terminated as a consequence of serious misconduct that justifies

dismissal without notice;
(ii)
employees engaged for a specific period of time or for a specified task or

tasks; or
(b)
54.
54.1
casual employees.
RATES OF PAY
The \veekly ordinary time wage rates shall be increased in accordance with the following
classification structme (Schedule 1) <md Rates Table (Schedule 2).
42

Schedule 1: Classification Structure
Classifications
Description
Care Services Employee : Casual Grade 1
"Care Services Employee Grade 1" is an employee who works under

limited supervision and within established guidelines including
compliance with documentation requirements. Duties include but
are not limited to personal care tasks and dally hygiene e.g.
assisting with showers or baths, shaving, cutting nails, lay out
clothes and assist In dressing; make beds and tidy rooms; store
clothes and clean wardrobes; assist with meals. Under direct
supervision this employee will also provide assistance to a higher
grade employee.
Care Services Employee : Grade 1
"Care Services Employee Grade 2" is an employee who Is responsible

for the quality of their own work, subject to general supervision
including compliance with documentation requirements. Duties
include but are not limited to assisting residents with medication,
simple wound dressing and implementation of continence programs
as identified in the Care Plan; attend to routine urinalysis, blood
pressure, temp and pulse checks; blood sugar level checks, and
assist and support diabetic residents In the management of their
Insulin and diet, recognising the signs of both hyper and hypoglycaemia. Recognise report and respond appropriately to changes in
the condition of residents, within the skills and competence of the
employee and the policies and procedures of Australian Unity. Assist
in the development and Implementation of resident care plans and
programs of activities for residents under the supervision of a higher
graded employee.
"Care Services Employee Grade 3" Is an employee who holds

Certificate Level m in Aged Care. This employee will have the
responsibility for leading and/or supervising the work of others, or is
required to work individually or with minimum supervision, and may
have been given overall responsibility for a particular function within
the site. An employee may also be qualified and required to deliver
medication to residents In high care places as defined by the Aged
Care Act. Typical work Includes but is not limited to the provision of
personal care to residents, scheduling of work programs on a routine
and regular basis, develop and Implement programs of activities for
residents, and the development of resident care plans.
"Care Services Employee Grade 4" is an employee who holds either

a Certificate Level IV in Aged Care Work or other appropriate
qualification/experience acceptable to Australian Unity. This
employee will have the responslblllty for leading and/or supervising
the work of others in excess of that required of a Grade 3, or Is
required to work individually or with indirect/minimum supervision.
Grade 4 employees may be required to exercise any or all
managerial functions in relation to the operation of the site and
comply with the documentation requirements of Australian Unity.
Typical work Includes but Is not limited to overall responsibility for
the provision of personal care to residents, schedule work programs,
and coordinate and direct the work of employees in lower grades.
Appointment Is at management discretion.
"Care Services Employee Grade 5" means an employee who holds

either a Certificate Level IV In Aged Care Work or other appropriate
qualification/experience acceptable to Australian Unity. This
employee will have the responsibility for supervision of the entire
site, and may be required to exercise any or all managerial functions
in relation to the operation of the facility and comply with the
documentation requirements of Australian Unity. Appointment is at
management discretion.
Assistant Nurse: Over 18, 1st Year

Assistant Nurse: Over 18, 2nd Year
Assistant Nurse: Over 18, 3rd Year
An "Assistant In Nursing" Is an employee other than a Registered or

Enrolled Nurse who Is employed In nursing duties within an Aged
Care Facility. Progression year on year is according to expected
hours worked In the year.
43
liiil

Assist~nt
Nurse: Over 18, 4th Year and after
Enrolled Nurse Div 2: 1st year
"Enrolled Nurse" means a person enrolled by the Board as such.
Enrolled Nurse Div 2: 2nd Year
Enrolled Nurse Div 2: 3rd year

Enrolled Nurse Div 2: 4th year
EnroJfed Nurse Div 2: 5th year and after
Enrolled Nurse Team Leader
An "Enrolled Nurse Team Leader" is an employee required to lead

and manage a team and/or. department including, but not _limited to,
rostering, finance management and overall care of residents. The
employee will demonstrate leadership behaviours and coach and
mentor employees for optimum performance outcomes. An
employee does not progress to this role; appointment Is subject to
management discretion.
Registered Nurse Dlv 1: 1st year
"Registered Nurse" means a person registered by the Board as such.
Registered Nurse Dlv 1: 2nd year

Registered Nurse Div 1: 3rd year
Registered Nurse Div 1: 4th year
Registered Nurse Dlv 1: 5th year
Registered Nurse Dlv 1: 6th year
Registered Nurse Div 1: 8th year & after
Registered Nurse, Clinical/ Specialist
A "Registered Nurse, Clinical/ Specialist" is an employee appointed

to this role by management discretion, is responsible for
management of clinical staff and works on special clinical based
projects which may include projects associated with ACFI, wound
management and infection control.
Catering Officer : Grade 1
A "Catering Officer Grade 1" employee is responsible for catering

and cleaning duties under supervision and holds a Safe Food
Handling Certificate. Grade 1 relates to 1st year of experience.

Handling Certificate. Grade 2 relates to 2nd year of experience. An
employee will remain on this classification If the site has less than 80
beds.

Handling Certificate. Grade 3 relates to 3rd year of experience and
at a site with 80-120 beds.

Handling Certificate. Grade 4 relates to 4th year of experience and
at a site with 80-120 beds.

at a site with 120-300 beds. An employee wlll not progress to a
higher grade If the site has less than 300 beds.

at a site with 300-500 beds. An employee will not progress to a
higher grade If the site has less than 500 beds.
Cook Grade 1
A "Cook Grade 1" is an employee who prepares and cooks meals to a

high standard for residents and who is required to work
autonomously. The Cook is required to hold formal qualifications and
may look to adjust menu items to suit the needs of the residents or
the department.
44
iiiiiil

Cook Grade 2
A "Cook Grade 2" is an employee who prepares and cooks meals for
residents in a facility with an average of 50 occupied beds and who
Is required to work autonomously. The Cook is required to hold
formal qualifications and may look to adjust menu Items to suit the
needs of the residents or the department.
Cook Grade 3
Cook Grade 3 Is an employee who performs cooking and related

duties as outlined In lower grades. At these grades, employees will
have an expert level of skill and experience, strong customer service
practices and OH&S capability, leading to an enhanced overall
experience for the resident. Appointment to this level Is at the
discretion of management, and is dependent on a business
requirement for this level of capability.
Cook Grade 4
Cook Grade 4 is an employee who performs cooking and related

duties as outlined in lower grades and that of Chef. In addition to
the responsibilities of Cook Grade 4, the employee Initiates and
supports improving processes, and their behaviours and leadership
are to be an example to those around them. Appointment to this
level is at the discretion of management, and Is dependent on a
business requirement for this level of capability.
Chef 1st Year

Chef 2nd Year & after
Administration Officer : Grade 1, New

Entrant
Administration Officer : Grade 1, 1st Year
Administration Officer : Grade 11 2nd Year &
after
Administration Offlcer : Grade 2, New
Entrant
Administration Officer : Grade 2 1 2nd Year &
after

Administration Offlcer : Grade 3, 2nd Year &
after

Administration Officer : Grade 4, 2nd Year &
after
A "Chef" Is an employee, whose duties include the supervision and

rostering of the catering department, ordering all catering stores
within a set budget, preparing and planning resident menus, and
lead designated areas of best practice to Initiate and support process
improvement. The Chef will have completed a three year apprentice
and hold a chef qualification.
"Administration Officer - Grade 1" is an employee who works under
direct supervision, performing repetitive and routine administration
tasks. This work Includes but Is not limited to filing, sorting, data
entry and mall handling. A New Entrant wlll have limited or no
experience and limited transferable skills. Progression from 1st Year
to 2nd year will be automatic effective on the anniversary date.
"Administration Officer - Grade 2" Is an employee who works under
direct supervision, performing administrative work of mostly a
repetitive and routine nature. This work involves the completion of
prescribed and standard administration duties including but not
limited to reception, switchboard, word processing1 data entry and
similar computer operations In addition to performing the duties of
an "Administration Officer- Grade 1". A New Entrant will have
limited or no experience and limited transferable skills. Progression
from 1st Year to 2nd year will be automatic effective on the
anniversary date.
"Administration Officer - Grade 3" is an employee who in addition to
performing the duties of an Administration Officer- Grade 1-2
performs administrative duties which may include but are not limited
to ledger posting or similar accounting operations; and computer
operating tasks of a more complex nature. Progression from 1st Year
to 2nd year will be automatic effective on the anniversary date.
"Administration Officer - Grade 4" is an employee who may work
under limited supervision, performing clerical duties which regularly
require the exercise of independent Initiative and judgement and
who has knowledge of office procedures and the employer's
business. In addition to performing the duties of an Administration
Officer- Grade 1-3 their duties may Include but are not limited to:
book keeping and the direct supervision of at least two other
employees in the clerical stream . .Progression from 1st Year to 2nd
year will be automatic effective on the anniversary date.
Appointment to this classification is by management appointment
only.
45

Administration Officer : Grade 5
"Administration Officer - Grade 5" is an employee who may work

without supetvision, performing clerical duties which regularly
require the exercise of independent initiative and judgement and
who has knowledge of office procedures and the employer's
business. In addition to performing the duties of an Administration
Officer - Grade 1-4 they demonstrate a capacity to initiate and
support improving processes, and their behaviours and leadership
are to be an example to those around them. They \HI possess
comprehensive computer knowledge and be able to support others

with technology. They may possess formal qualifications at
Certificate or Associate Diploma level. Advancement to this level is
at the discretion of management, and is dependent on a business
requirement for this level of capability.
Gardener - Unqualified
"Gardener - Unqualified" is an employee who performs general

gardening duties under supetvision and direction, and who does not
possess any formal qualifications.
Gardener - Qualified
"Gardener - Qualified" Is an employee who performs general

gardening duties with limited supetvision. The employee will hold a
formal qualification and First Aid Certificate.
Head Gardener - Unqualified
"Head Gardener- Unqualified" is an employee performing the duties

of Gardner, and who Is In charge of at least 3 other employees.
Head Gardener - Qualified Grade 1
"Head Gardener - Qualified" means an employee who holds a

recognised certificate In gardening and horticulture and has four
years' experience or more, and who is in charge of at least 3 other
employees.
Head Gardener - Qualified Grade 2
"Head Gardener- Qualified Grade 2" is an employee who has an

expert level of skill and experience, strong customer setvlce
practices and OH&S capability, leading to an enhanced overall
experience for the resident. They demonstrate a capacity to Initiate
and support improving processes, plan forthcoming work and
implement to the plan, and their behaviours and leadership are to be
an example to those around them. Appointment to this level is at the
discretion of management, and is dependent on a business and/or
resident requirement for this level of capability.
Maintenance - Handyperson
"Maintenance - Handyperson" is an employee who carries out repairs

of a minor nature to buildings, equipment, appliances and similar
items not calling for trade skills.
Maintenance - Non Tradesperson
"Maintenance - Non Tradesperson" Is an employee who performs

maintenance work not generally calling for trade skills. Tasks may
include minor repairs to external and internal buildings and
structures, doors, windows, flooring, lighting; repair and
maintenance of machinery and equipment; maintenance of tiling,
painting.
Maintenance- Non Tradesperson: In charge

of staff
"Maintenance Non Tradesperson: In Charge of staff" is an

employee who has overall responsibility for the maintenance and
who may be required to supetvise other maintenance staff and who
may hold trade qualifications.
Maintenance - Tradesperson
"Maintenance - Tradesperson" is an employee who carries out the

more complicated repairs to buildings, equipment and appliances
calling for trade skills. Trade skills and tasks may include a
combination of installing, repairing and maintaining, testing,
modifying on complex equipment and machinery. General
maintenance and construction work such as building fences,
repairing complex building structures; welding; major preparation
and installation of tiling; bricklaying; rendering; plumbing including
installation of new pipes, drains, tubs, faucets, and other plumbing
fixtures and equipment; painting, including large scale preparation,
mixes and applies paints to surfaces on a large scale; mixes and
applies plaster on building rather than in repairs; installation,
alteration, maintenance, and repair of wiring systems and electrical
fixtures and equipment.
46
iiiiiiil

Maintenance - Tradesperson: in charge of
staff
Maintenance- Senior Tradesperson: in

charge of staff Grade 2
Maintenance - Senior Tradesperson: In
Motor Vehicle Driver - Trucks Ambulance

Motor Vehicle Driver - Day Respite Bus
1\lotor Vehicle Driver, incl Bus Grade 1
"Maintenance Tradesperson: In Charge of Staff" is an employee who

has overall responsibility for the maintenance and who may be
required to supervise other maintenance staff and who may hold
trade qualifications.
"l\1aintenance - Senior Tradesperson" at these levels is an employee

who will have an expert level of skill and experience, strong
customer service practices and OH&S capability, leading to an
enhanced overall experience for the resident. They demonstrate a
capacity to Initiate and support improving processes, plan
. forthcoming work and implement to the plan, and their behaviours
and leadership are to be an example to those around them.
Appointment to this level is at the discretion of management, and is.
dependent on a business and/or resident requirement for this level
of capability.
A "Motor Vehicle Driver" Is an employee who is the holder of an
appropriate driving license, has a proven excellent driving record, is
able to carry out minor vehicle maintenance/repair work and Is able
to transport residents/clients In a health care setting.
Hairdresser
A "Hairdresser" is an employee who has appropriate qualifications

and/or experience to provide hairdressing and grooming services to
residents.
Laundry Assistant
A "Laundry Assistant" is an employee who works under general

supervision and Is responsible for general laundry duties.
Laundry Team Leader
"Laundry Team Leader" is an employee who assists in the

supervision of laundry staff and is required to perform laundry duties
as required.
Cleaner
A "Cleaner" is an employee who works under general supervision

and Is responsible for the general cleaning within an Aged Care
facility.
Lifestyle Officer
A "Lifestyle Officer" is an employee who may hold formal

qualifications in Divisional Therapy or similar and works under
general supervision whilst Implementing and carrying out flfestyle
activities for residents. This may include assisting a therapist,
diversional therapist, dietician or supervisor with routine
professional, recreational activity and personal care services.
Lifestyle Team Leader
A "Lifestyle Team Leader" is an employee who holds formal

qualifications In Divisional Therapy or similar, and Is responsible for
the delivery of lifestyle programs to residents. The employee Is the
direct supervisor of staff, holds a First Aid Certificate Level 2 and will
lead designated areas of best practice to support continuous
improvement and lead by example. This position Is appointed by
management discretion
Security Officer
A "Security Officer" is an employee responsible for the safety and

security of residents, visitors and employees. The employee will
watch, guard and protect persons and premises/property by carrying
out regular routine checks of the facility and supporting processes
and tools.
l""""l
47

Schedule 2: Rates Table
Classification
Year 1 Rate
(1 October
2014}
six month
increase
Year 1 Rate
(1 April
2015)
six month
fncrease
Year 2
Rate
(1 October
2015)
six month
increase
Year 2 Rate
(1 April
2016)
six month
increase
Year 3 Rate
(1 October
2016)
six month
increase
Year 3
Rate
(1 Aprii
2017)
six month
Increase
Care Services Employee : Casual

Grade 1
19.38
19.71
19.90
20.24
20.44
20.79
19.07
19.39
19.59
19.92
20.12
20.46
20.19
20.54
20.74
21.09
21.31
21.67
21.41
21.77
21.99
22.36
22.59
22.97
24.43
24.85
25.10
25.53
25.78
26.22
26.07
26.51
26.77
27.23
27.50
27.97
Assistant Nurse:
Year
Assistant Nurse:
Year
Assistant Nurse:
Year
Assistant Nurse:
Year and after
Over 18, 1st
19.55
19.88
20.08
20.42
20.63
20.98
Over 18, 2nd
19.92
20.26
20.46
20.81
21.02
21.38
Over 18, 3rd
20.48
20.83
21.04
21.40
21.61
21.98
Over 18, 4th
21.07
21.42
21.64
22.01
22.23
22.60
Enrolled Nurse Div 2: 1st year
22.52
22.90
23.13
23.52
23.76
24.16
Enrolled Nurse Dlv 2: 2nd Year
22.98
23.37
23.60
24.01
24.25
24.66
Enrolled Nurse Div 2: 3rd year
23.47
23.87
24.11
24.52
24.76
25.19
Enrolled NurseDiv 2: 4th year
23.95
24.36
24.60
25.02
25.27
25.70
Enrolled Nurse Div 2: 5th year

and after
24.43
24.85
25.10
25.53
25.78
26.22
Enrolled Nurse Dlv 2:

Supervisor/Expert
24.72
25.14
25.39
25.83
. 26.08
26.53
Registered Nurse Dlv 1: 1st year
27.29
25.44
25.87
26.13
26.57
26.84
Registered Nurse Div 1: 2nd year
26.79
27.24
27.51
27.98
28.26
28.74
Registered Nurse Div 1: 3rd year
28.13
28.61
28.90
29.39
29.68
30.19
29.57
30.08
30.38
30.89
31.20
31.73
31.01
31.53
31.85
32.39
32.71
33.27
32.44
32.99
33.32
33.89
34.23
34.81
35.92
36.53
36.89
37.52
37.89
38.54
36.58
37.20
37.58
38.21
38.60
39.25
Registered Nurse, Clinical/

Specialist
36.88
37.51
37.88
38.53
38.91
39.58
18.71
19.03
19.22
19.55
19.74
20.08
19.74
20.07
20.27
20.62
20.82
21.18
23.07
23.47
23.70
24.10
24.34
24.76
23.70
24.11
24.35
24.76
25.01
25.44
24.34
24.76
25.00
25.43
25.68
26.12
25.56
25.99
26.25
26.70
26.96
27.42
Cook Grade 1
19.40
19.73
19.92
20.26
20.47
20.81
19.77
20.11
20.31
20.65
20.86
21.21
& after
Cook Grade 2
48
liiiii

Cook Grade 3
22.20
22.58
22.80
23.19
23.42
23.82
Cook Grade 4
24.19
24.60
22.14
22.51
24.85
$
$
25.27
22.74
22.27
22.64
22.87
23.26
18.98
19.17
$
$
18.67
23.55
23.95
Chef 1st yr
21.55
21.92
Chef 2nd yr & after
$
$
21.68
22.04
18.17
18.48
$
$
$
$
Administration Officer : Grade 1,

1st Year
20.51
20.86
21.06
21.42
21.64
22.00

2nd Year and after
21.12
21.48
21.69
22.06
22.28
22.66

New Entrant
20.16
20.50
20.71
21.06
21.27
21.63

1st Year
21.73
22.10
22.32
22.70
22.92
23.31

2nd Year and after
22.37
22.75
22.98
23.37
23.60
24.00

1st Year
23.01
23.40
23.63
24.04
24.28
24.69

2nd Year & after
23.62
24.02
24.26
24.67
24.92
25.34

1st Year
24.02
24.43
24.67
25.09
25.34
25.77

2nd Year & after
.$
24.56
24.98
25.23
25.66
25.91
26.35
Administration Officer : Grade 5
26.23
26.49
26.94
$
$
$
19.91
20.11
20.45
20.50
20.71
22.21
22.43
$
$
$
$

New Entrant
25.10
25.53
25.79
Gardener - Unqualified
19.06
19.38
19.58
Gardener - Qualified
19.62
19.96
20.16
Head Gardener - Unqualified
21.26
21.62
21.84
22.21
22.43
23.12
19.50
21.06
22.82
21.26
21.62
21.84
23.98
24.39
24.63
25.05
25.30
25.73
22.90
23.29
23.53
23.93
d-
-!'
24.17
24.58
Maintenance - Non Tradesperson
22.36
22.74
22.96
23.35
23.59
23.99
Maintenance- Non Tradesperson:

In charge of staff
22.85
23.23
23.47
23.87
24.10
24.51
Maintenance - Tradesperson
22.87
23.26
23.49
23.89
24.13
24.54
Maintenance - Tradesperson: in
24.24
24.66
24.90
25.33
25.58
26.01
Maintenance - Senior
Tradesperson: in charge of staff
Grade 2
Maintenance Senior
Tradesperson: in charge of staff
Grade 3
Motor Vehicle Driver - Trucks
Ambulance
25.88
26.32
26.59
27.04
27.31
27.77
26.10
26.54
26.81
27.27
27.54
28.01
19.53
19.86
20.06
20.40
20.60
20.95
Motor Vehicle Driver, Day Respite

Bus
23.97
24.38
24.62
25.04
25.29
25.72
Motor Vehicle Driver, inc! Bus

Grade 1
Hairdresser
26.28
26.73
27.00
27.46
27.73
28.20
23.09
23.48
23.72
24.12
24.36
24.78
Laundry Assistant
19.74
20.07
20.27
20.62
20.82
21.18
Laundry Team Leader
21.70
22.07
22.29
22.67
22.90
23.29
Head Gardener - Qualified Grade

1
Head Gardener - Qualified Grade
2
Maintenance - Handyperson
49
22.82

Cleaner
19.74
20.07
20.27
20.62
20.82
21.18
Lifestyle Officer
21.70
22.07
22.29
22.67
22.90
23.29
Lifestyle Team leader
26.98
27.44
28.19
28.47
28.95
36.18
$
$
27.72
35.57
36.54
37.16
37.53
38.17
Security Officer
liiii
50

Executed as an Agreement:
Signed for Ausbalian Unity by its authorised representative in the presence of
Name in full (please print)
Name of Authorised Officer (please print)
Address of '-vitness (please print)
Address of Authorised Officer (please

print)
Dated
() 2 . o f
2014
Authority of Authorised Officer (please
print)
Dated
72'
0 (
'
2014
iiiiiil
liiiiiil
51
liiiii
i -
I
1
;
[J
[J=~-------:-1]
:'f&::J
___________________________
IJ
[)
IJ
............ ,
________.......................................- ............
Signed by representatives of Employees covered by this Agreement

Employee
Representative
Witness
Employee
Representative
Witness
Name
.s~Q... Ka.-&t \I
Name
t'2oi':):Nc':i P.a., Q.KE.Z.
Name
F(<:::)DI\Jc':::.i
Name
:S\~
!Jf~\iZJ(~i<
w~\\
Address
.,
':">
::-.;_:;;,r..J
.!1 'v'eU~ lr~ lSI~cliJOvJr-
tJ'S;,J
Address
i -,
-:=f"
.: .
I R4
u C.-
~--=l. ~--2
c.:-...-:-~
Address
1l
....-.t:l') Cf._f:S. LL
Addres?
S--=:' \1 -e.H:...
.~
Nt;~
ftr:+c.E
~-'; vJ
. ,....,NQ.
.,. J!d
,;;>vJ,.-....
\..r~.>
Date
3>/01 }\c1;
Date/ /
~
(r
if.j-
Datet
?{fit:
Date
I
'
'"J,j '0 I/ I C\;
Si1Jflt
/~ze~~~
..
11....c;..J rr?c../I--.........
Signature
Si~fJte
;?
--vJ f! c.----t. ......._
Si~t&r7J
...JJtJL/1~
Employee
Representative
Witness
------
Name
Address
Date
-Signature
Name
Address
Date
Signature
iiiiiil
l"""l

052.australian Unity Retirement Living NSW Traditional Model Enterprise Agreement 2013

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052.australian Unity Retirement Living NSW Traditional Model Enterprise Agreement 2013

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[2014] FWCA 853

Australian Unity Care Services Pty Ltd; Australian Unity Retirement

AUSTRALIAN UNITY RETIREMENT LIVING NSW TRADITIONAL

SYDNEY, 7 FEBRUARY 2014

[2014] FWCA 853

VICE PRESIDENT WATSON

The .i\ustralian U~ity Retirement Living

AUSTRALIAN UNITY RETIREMENT LIVING NSW TRADITIONAL MODEL

INTRODUCTION ................ ,............................................................................................... 4

PROBATIONARY PERIOD '"''e,~~atat'l!ttt$:; 12

A.NNUAL LEAVE LOADING

PERSONAL/SICK/CARERS LEAVE .......................................................................... 23

WELLBEING DAY.......................... ~~i 26

NAUSEOUS WORK ALLOWANCE ............. ~ 27

COMPASSIONATE LEAVE ............................................................................... ,.... 24

LIVING ON SITE, ON CALL ALLOWANCE ..........,. ,. .....................

IN CHARGE ALLOWANCE ........................................................................................ 29

MEAL BREAKS .................. "''", 32

AUSTRALIAN UNITY RETIREMENT LIVING NSW TRADITIONAL MODEL

FLEXIBLE WORK ARRANGEMENTS ~~- 33

AUSTRALIAN UNITY RETIREMENT LIVING NSW TRADITIONAL MODEL

TI1e aims of the Agreement are to:

Develop and maintain a productive, co-operative m1d harmonious working

Position the Ol'ganisation to respond to a challenging and rapidly chm1ging

To achieve these objectives it is necessary to >vork together to create a wo1k environment

AUSTRALIAN UNITY RETIREMENT LIVING NSW TRADITIONAL MODEL

to ensure the achievement of our customer service goals as determined in

arrangements between management and residents;

to organise work in a flexible manner within (and across) our retirement

to proactively participate in the company's quality improvement programs

to participate in, cooperate and assist with the introduction of equipment,

for all employees to constantly seek improvements in efficiency, quality,

to recognise, acknowledge, and reward the skill and conh'ibution of people in

to acknowledge the cmmection between work and private life and to

facilitate work-life balance.

In everything we do, we will shive to be Bold, Warm and Honest.

There is a genuine interest in the wellbeing of people.

It is the duty of every individual to promote the development of trust and

AUSTRALIAN UNITY RETIREMENT LIVING NSW TRADITIONAL MODEL

We strive for a free exchange of relevant information and ideas.

Where appropriate there 'iVill be opportuniry for involvement by employees in

As an employee of Australian Unity your responsibilities include:

Participating in Aushalian Unity's quality assmance and quality improvement

Complying with all lawful directions of Australian Unity.

Refraining from falsifying records, or making untrue statements.

Refraining from possessing property belonging to Australian Unity, its residents or

Keeping confidentiafany confidential information that an employee becomes aware

Confidential information includes all resident and client information, employee

Maintaining professional skills and competencies in mder to retain enrohnent or

AUSTRALIAN UNITY RETIREMENT LIVING NSW TRADITIONAL MODEL

Under televant state and federal anti-discrimination legislation it is also unlawful to

Nothh1g in this clause is to be taken to affect:

Any conduct or act which is specifically exempted from anti-discl'imination

The employer or employees from pursuing matters of tmlawful discrimination in

SCOPE OF THE AGREEMENT

(collectively 'Australian Unity');

to whom the nrinimtun 1ates in the Classification Struchrre apply.

DURATION AND EFFECT

AUSTRALIAN UNITY RETIREMENT LIVING NSW TRADITIONAL MODEL

INDIVIDUAL FLEXIBILITY ARRANGEMENTS

the agreement deals with 1 Ol' more of the follo\Ving matters:

aTrangements about when work is performed;

the arrang~ment is genuinely agreed to by the employer a11d employee.