Common use of Higher Duties Clause in Contracts

Higher Duties. 35.1 General entitlement to higher duties payment – Registered Nurse or Midwife (a) Subject to subclauses 35.2, 35.3, 35.4 and 35.5, a Registered Nurse or Midwife engaged on duties attracting a higher Level, grade or sub-grade than the Level, grade or sub-grade in which the Employee is ordinarily employed: (i) in any one shift for more than two hours will be paid for the full shift at the minimum rate for that higher Level, grade or sub-grade; or (ii) for two hours or less, only the time so worked will be paid for at that higher Level, grade or sub-grade. (b) Level for the purposes of this clause 35 means a role in which the weekly salary in Appendix 2 for that role is higher than the employee's normal role. 35.2 General entitlement to higher duties allowance – Enrolled Nurse (a) Where an Enrolled Nurse Employee is required to replace an ANUM In Charge of a high care residential aged care xxxx they will be paid the ANUM rate for that period. (b) During the shift the Enrolled Nurse must have access to a Registered Nurse. (c) In a high care residential aged care xxxx, an Enrolled Nurse can only be appointed to replace an ANUM as in charge where a Registered Nurse is not available to be rostered in charge. 35.3 Entitlement to higher duties payment for certain Deputy and Principal roles 35.4 Entitlement to higher duties payment for ANUM/AMUM acting as NUM/MUM 35.5 Entitlement to higher duties payment for Registered Nurse or Registered Midwife acting as ANUM/AMUM 35.6 Entitlement to higher duties payment for Registered Nurse or Registered Midwife acting as NUM/MUM (a) An Employee who is not an ANUM or AMUM should only be in charge of a xxxx or unit in exceptional circumstances. (b) A Registered Nurse or Registered Midwife who is not an ANUM or AMUM, who is required to act in charge of a xxxx or unit during an off duty period of a NUM/MUM, will be paid at the Nurse Manager grade applicable to the substantive position (be it NM 2, NM 3 or NM 4) for the entire shift unless: (i) in the case of a 24 hour a day, seven day per week Xxxx or Unit that is compliant with subclause 90.2(a)(i); (ii) the ANUM/AMUM in whose place the Registered Nurse or Registered Midwife acts, is on any form of leave; or (iii) for a reasonable period where the vacancy arises directly from the termination of employment of an ANUM/AMUM while a replacement ANUM/AMUM is being recruited, in which case a Registered Nurse or Registered Midwife will be paid at the minimum rate applicable to the ANUM/AMUM position which would normally be in charge on that shift.

Appears in 3 contracts

Samples: Nurses and Midwives (Victorian Public Sector) (Single Interest Employers) Enterprise Agreement 2020 2024, Nurses and Midwives (Victorian Public Sector) (Single Interest Employers) Enterprise Agreement 2020 2024, Enterprise Agreement

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Higher Duties. 35.1 General entitlement An Employee who is required by the Employer on a temporary basis to higher duties payment – Registered Nurse or Midwife (a) Subject to subclauses 35.2, 35.3, 35.4 and 35.5, a Registered Nurse or Midwife engaged on undertake duties attracting a higher Levelrate of pay than the Employee’s ordinary classification, grade or shall be paid the higher rate on the following basis: If an Employee undertakes the substantial responsibilities of a Higher Position from the commencement of the first shift and the responsibilities of the Higher Position are not shared with other Employees, then the Employee shall be paid the higher rate of pay for the position from the commencement of the first shift. If sub-grade than clause (a) does not apply, then: if the Level, grade or sub-grade in which the Employee is ordinarily employed: (i) in any one shift higher duties are performed for more than two hours will in any shift, the Employee shall be paid the higher rate for the whole shift; and If the higher duties are performed for less than two hours in any shift, the higher rate shall not be paid. If an Employee undertakes the duties of a Higher Position for a period of up to a fortnight, then the Employee shall be paid for the full shift those shifts at the minimum rate Base Wage Rate plus any applicable penalties relevant to the Higher Position, including annualised leave loading – not the Aggregated Wage Rate (if applicable). If an Employee undertakes the duties of a Higher Position for a continuous period of a fortnight or more then the Employee shall be paid any applicable Aggregated Wage Rate for the Higher Position for that higher Levelperiod. Where an Employee undertakes the duties of a Higher Position for all the shifts worked by the Employee in a pay period, grade or sub-grade; or (ii) for two hours or less, only the time so worked will Employee shall not be paid less in that pay period than the Aggregated Wage Rate (where applicable) or the Base Wage Rate payable in that Employee’s ordinary classification. If an Employee is required by the Employer on a temporary basis to undertake duties attracting a lower total rate of pay than the Employee’s ordinary classification, the Employee’s total weekly wage rate shall not be reduced whilst employed in such capacity. If an Employee is required by the Employer on a temporary basis to undertake higher duties continuously for at that higher Level, grade a period of three months or sub-grade. (b) Level for more then the purposes conditions of this clause 35 means a role in which the weekly salary in Appendix 2 employment for that role Higher Position, including accrued leave entitlements, shall apply to the Employee. Where an Employee who is higher than the employee's normal role. 35.2 General entitlement to in receipt of higher duties allowance – Enrolled Nurse (a) Where an Enrolled Nurse Employee is required to replace an ANUM In Charge of granted under sub- clause 2.7.1, and has been receiving the allowance for a high care residential aged care xxxx they will be paid the ANUM rate for that period. (b) During the shift the Enrolled Nurse must have access to a Registered Nurse. (c) In a high care residential aged care xxxx, an Enrolled Nurse can only be appointed to replace an ANUM as in charge where a Registered Nurse is not available to be rostered in charge. 35.3 Entitlement to higher duties payment for certain Deputy and Principal roles 35.4 Entitlement to higher duties payment for ANUM/AMUM acting as NUM/MUM 35.5 Entitlement to higher duties payment for Registered Nurse or Registered Midwife acting as ANUM/AMUM 35.6 Entitlement to higher duties payment for Registered Nurse or Registered Midwife acting as NUM/MUM (a) An Employee who is not an ANUM or AMUM should only be in charge of a xxxx or unit in exceptional circumstances. (b) A Registered Nurse or Registered Midwife who is not an ANUM or AMUM, who is required to act in charge of a xxxx or unit during an off duty continuous period of a NUM/MUM12 months or more, will be paid at the Nurse Manager grade applicable to the substantive position proceeds on four weeks annual leave, (be it NM 2or five weeks, NM 3 or NM 4) for the entire shift unless: (i) in the case of continuous shift Employees), the Employee shall continue to receive the allowance for the period of the leave. Where an Employee who is in receipt of higher duties allowance granted under sub- clause 2.7.1 for a 24 hour a dayperiod of not less than two months and has been receiving the allowance for within two weeks before annual leave is taken, seven day per week Xxxx or Unit that is compliant with subclause 90.2(a)(i); (ii) the ANUM/AMUM in whose place the Registered Nurse or Registered Midwife acts, is proceeds on any form period of annual leave; or (iii) for a reasonable period where , that Employee shall receive the vacancy arises directly from the termination of employment of an ANUM/AMUM allowance while a replacement ANUM/AMUM is being recruited, in which case a Registered Nurse or Registered Midwife will be paid on annual leave at the minimum rate applicable to such higher capacity position. An Employee who acts at the ANUM/AMUM position which would normally higher level for a continuous period of 12 months or more and proceeds on a period of normal annual leave or any other approved leave of five weeks or more shall be entitled to receive payment of such allowance on a pro rata basis during the period of leave, except for seven day or 24 hour rostered Employees who shall receive payment of such allowance on a pro rata basis where the Employee proceeds on a period of normal annual leave or any other approved leave of six weeks or more. Where an Employee engages in charge on an employment related act or omission so that shiftit appears to the Employer that the Employee is unable or unwilling to utilise appropriate skills to carry out tasks associated with a particular job competently and in a manner that meets the reasonable expectations and service needs of the Employer, then the matter may be dealt with by the Employer under its Performance Management Policy and Procedure as amended from time to time or under any more specific procedure established by the Employer for unsatisfactory performance of that nature. The outcome of a performance management process may include a transfer, a demotion or a dismissal. Where the Employer applies such an outcome for reasons of unsatisfactory performance, that outcome will not be a disciplinary penalty unless it is expressed to be so by the Employer, and may be reviewed by means of the Dispute Resolution Procedure, including by making an application to the Commission to deal with the matter.

Appears in 2 contracts

Samples: Industrial Agreement, Industrial Agreement

Higher Duties. 35.1 General entitlement Where an employee has been directed to temporarily perform duties at a higher duties payment – Registered Nurse or Midwifeclassification level, the following provisions apply: (a) Subject An employee directed to subclauses 35.2, 35.3, 35.4 and 35.5, a Registered Nurse perform all or Midwife engaged on part of the duties attracting of a higher Level, grade or sub-grade than the Level, grade or sub-grade in which the Employee is ordinarily employed: (i) in any one shift for more than two hours classification will be paid for an allowance equal to the full shift at difference between the minimum rate for that employee’s own salary and the salary the employee would receive if promoted to the higher Levelclassification, grade or sub-grade; or (ii) for two hours or less, only an alternative amount determined and authorised as a percentage of the time so worked will be paid for at that higher Level, grade or sub-gradeduties performed where partial performance is directed. (b) Level An allowance paid for performance of higher duties will be regarded as salary for the purposes of this clause 35 means a role in which the weekly salary in Appendix 2 for that role is higher than the employee's normal role. 35.2 General entitlement to higher duties allowance – Enrolled Nurse (a) Where an Enrolled Nurse Employee is required to replace an ANUM In Charge calculation of a high care residential aged care xxxx they will be paid the ANUM rate for that period. (b) During the shift the Enrolled Nurse must have access to a Registered Nurseovertime and excess travelling time. (c) In a high care residential aged care xxxx, an Enrolled Nurse can only be appointed An employee who is directed to replace an ANUM as in charge where a Registered Nurse is not available to be rostered in charge. 35.3 Entitlement to perform continuous higher duties payment for certain Deputy and Principal roles 35.4 Entitlement to at least one shift will be regarded as being on higher duties payment for ANUM/AMUM acting as NUM/MUM 35.5 Entitlement to that whole shift; performance of higher duties payment for Registered Nurse or Registered Midwife acting as ANUM/AMUM 35.6 Entitlement to higher duties payment less than one shift will be disregarded for Registered Nurse or Registered Midwife acting as NUM/MUM (a) An Employee who is not an ANUM or AMUM should only be in charge of a xxxx or unit in exceptional circumstancesall purposes. (bd) A Registered Nurse or Registered Midwife An employee who is not an ANUM or AMUM, who is required to act in charge performs the duties of a xxxx or unit during an off duty higher classification which has a maximum annual salary in excess of the maximum annual salary payable to Nurse 3, for a period of less than one week will not be paid an allowance, and that period will not count as service at the higher classification level unless the Commissioner determines otherwise. (e) An employee who performs the duties of a NUM/MUMhigher classification will be subject to the conditions of service of the higher classification. (f) An employee who performs the duties of a higher classification for 12 months continuously, or for 12 months in broken periods over a 24 month period, and has met the requirements of clause 24 (Increments) will be paid an increment in accordance with that clause. (g) An increment attained by higher duties will be retained for future higher duties at that classification level (or lower). (h) An employee who has been directed to perform the Nurse Manager grade applicable duties of a higher classification and is absent on paid leave or observes a public holiday, will continue to receive payment of higher duties allowance during the absence to the substantive position (be it NM 2, NM 3 or NM 4) for extent of the entire shift unless: (i) in continued operation of the case direction. If the period of a 24 hour a day, seven day per week Xxxx or Unit that is compliant with subclause 90.2(a)(i); (ii) the ANUM/AMUM in whose place the Registered Nurse or Registered Midwife acts, paid leave is on any form of leave; or (iii) for a reasonable period where less than full pay, the vacancy arises directly from the termination of employment of an ANUM/AMUM while a replacement ANUM/AMUM higher duties allowance is being recruited, in which case a Registered Nurse or Registered Midwife will be paid at the minimum rate applicable to the ANUM/AMUM position which would normally be in charge on that shiftadjusted accordingly.

Appears in 2 contracts

Samples: Enterprise Agreement, Enterprise Agreement

Higher Duties. 35.1 General entitlement 19.1 An employee (hereinafter called the relieving employee) who is appointed temporarily to perform all of the duties of a higher classified position and who performs all such duties required to be performed during the appointment shall, subject to this clause, be paid an allowance at a rate determined in accordance with sub-clause (19.2) of this clause for all the time during which he/she performs such duties. 19.2 The rate of the allowance referred to in sub-clause (19.1) of this clause shall be an amount equal to the difference between the minimum salary of the higher classified position and the salary which the relieving employee is entitled to receive in the position he/she substantively occupies. If an employee is required to perform only part of the duties of a higher classified position, the allowance shall be paid at 50% of this rate. 19.3 No allowance shall be payable pursuant to this clause if the minimum salary for the higher classified position is less than the salary the relieving employee is receiving in the position he/she substantively occupies. 19.4 No allowance shall be payable pursuant to this clause unless the relieving employee performs the duties of the higher classified position for a period of at least five (5) consecutive working days. 19.5 No allowance shall be payable pursuant to this clause to a designated relieving employee or a relieving employee who is recognised as the deputy or assistant of a more senior employee and whose normal duties as specified by his/her job description include deputising for that more senior employee. 19.6 For the purpose of calculating the rate of allowance payable pursuant to this clause or determining whether such allowance is payable, "salary" means the appropriate salary payable from time to time during the period the relieving employee is required to temporarily perform the duties of the higher classified position and such allowance shall be varied to take account of changes in salary during that period. 19.7 Staff members who have acted for one year or more in the same higher classified position and who, due to extraordinary circumstances, continue to act in that position are eligible for payment of the higher duties payment – Registered Nurse allowance for any recreation leave, extended leave, sick leave or Midwifespecial leave which is taken during the period of relief. (a) Subject 19.8 When using HDA to subclauses 35.2, 35.3, 35.4 and 35.5fill a vacant position, a Registered Nurse or Midwife engaged on duties attracting a higher Leveldecision about how the relief period is to be used should be made. Consideration should be given to the use of the HDA opportunity for staff development purposes. 19.9 Prior to the start of relief, grade or sub-grade than the Level, grade or sub-grade in which Unit Manager of the Employee vacant position is ordinarily employedresponsible for: (i) in any one shift for more than two hours will be paid Gaining approval for the full shift at relief position from the minimum rate for that higher Level, grade General Manager or sub-grade; ortheir delegate. (ii) for two hours or less, only Advising payroll of the time so worked will be paid for at that higher Level, grade or sub-grade. (b) Level for occurrence and rate of the purposes of this clause 35 means a role in which the weekly salary in Appendix 2 for that role is higher than the employee's normal role. 35.2 General entitlement to higher duties allowance – Enrolled Nurse (a) Where an Enrolled Nurse Employee is required to replace an ANUM In Charge of a high care residential aged care xxxx they will be paid the ANUM rate for that period. (b) During the shift the Enrolled Nurse must have access to a Registered Nurse. (c) In a high care residential aged care xxxx, an Enrolled Nurse can only be appointed to replace an ANUM as in charge where a Registered Nurse is not available to be rostered in charge. 35.3 Entitlement to higher duties payment for certain Deputy and Principal roles 35.4 Entitlement to higher duties payment for ANUM/AMUM acting as NUM/MUM 35.5 Entitlement to higher duties payment for Registered Nurse or Registered Midwife acting as ANUM/AMUM 35.6 Entitlement to higher duties payment for Registered Nurse or Registered Midwife acting as NUM/MUM (a) An Employee who is not an ANUM or AMUM should only be in charge of a xxxx or unit in exceptional circumstances. (b) A Registered Nurse or Registered Midwife who is not an ANUM or AMUM, who is required to act in charge of a xxxx or unit during an off duty period of a NUM/MUM, will be paid at the Nurse Manager grade applicable to the substantive position (be it NM 2, NM 3 or NM 4) for the entire shift unless: (i) in the case of a 24 hour a day, seven day per week Xxxx or Unit that is compliant with subclause 90.2(a)(i); (ii) the ANUM/AMUM in whose place the Registered Nurse or Registered Midwife acts, is on any form of leave; or (iii) for a reasonable period where the vacancy arises directly from the termination of employment of an ANUM/AMUM while a replacement ANUM/AMUM is being recruited, in which case a Registered Nurse or Registered Midwife will be paid at the minimum rate applicable to the ANUM/AMUM position which would normally be in charge on that shift.relieving allowance

Appears in 2 contracts

Samples: Enterprise Agreement, Enterprise Agreement

Higher Duties. 35.1 General entitlement 42.1 Where the University requires a Staff Member to higher perform some or all of the duties payment – Registered Nurse or Midwife (a) Subject to subclauses 35.2, 35.3, 35.4 and 35.5, of a Registered Nurse or Midwife engaged on duties attracting position classified at a higher Levellevel for a minimum period of 5 consecutive working days (or in the case of a Part-time Staff Member, grade or sub-grade than for a minimum period of the LevelStaff Member’s normal working week), grade or sub-grade in which the Employee Staff Member will be paid their substantive salary as well as an allowance equal to the difference between the Staff Member’s substantive salary and the minimum salary for the level of the higher classified position. 42.2 Where the Staff Member is ordinarily employed: (i) in any one shift for more than two hours not undertaking all the duties of the position then a proportion of the allowance will be paid for the full shift at the minimum rate for that higher Level, grade or sub-grade; or (ii) for two hours or less, only the time so worked proportion of work performed. The Staff Member will be paid for at that higher Level, grade advised of the extent of the duties to be performed and the proportion of allowance to be paid. The duties and allowance may be increased or sub-gradedecreased during the relieving period following consultation with the Staff Member. (b) Level 42.3 Payment of a Higher Duties Allowance will not normally exceed a period of 12-months. If the allowance is to continue to be paid beyond 12-months the Supervisor must advise the Director, Human Resources the reasons and seek approval for continuation of the purposes allowance. The Director, Human Resources may approve the continuation of this clause 35 means the allowance for a role in which further period of up to 12-months and/or make a recommendation regarding the weekly salary in Appendix 2 for that role is higher than cessation of the employee's normal roleallowance and associated duties. 35.2 General entitlement to higher duties allowance – Enrolled Nurse (a) Where an Enrolled Nurse Employee 42.4 A Higher Duties Allowance is required to replace an ANUM In Charge not payable where the Staff Member is the designated relieving officer or is recognised in the relevant position description as the deputy of a high care residential aged care xxxx more senior Staff Member. 42.5 Where a Staff Member is paid a Higher Duties Allowance for a period greater than 12-months they will be paid eligible for incremental progression to the ANUM rate for that periodnext step of the higher classified position and the allowance will become superannuable. (b) During 42.6 A Staff Member who receives a Higher Duties Allowance for a period in excess of 20 working days will receive the shift allowance for paid leave taken during the Enrolled Nurse must have access to a Registered Nurseperiod of higher duties. (c) In a high care residential aged care xxxx, an Enrolled Nurse can only be appointed to replace an ANUM as in charge where a Registered Nurse is not available to be rostered in charge. 35.3 Entitlement to higher duties payment for certain Deputy and Principal roles 35.4 Entitlement to higher duties payment for ANUM/AMUM acting as NUM/MUM 35.5 Entitlement to higher duties payment for Registered Nurse or Registered Midwife acting as ANUM/AMUM 35.6 Entitlement to higher duties payment for Registered Nurse or Registered Midwife acting as NUM/MUM (a) An Employee who is not an ANUM or AMUM should only be in charge of a xxxx or unit in exceptional circumstances. (b) A Registered Nurse or Registered Midwife who is not an ANUM or AMUM, who is required 42.7 Opportunities to act in charge of a xxxx or unit during higher classified positions should be seen as professional development for Staff Members and be offered on an off duty period of a NUM/MUM, will be paid at the Nurse Manager grade applicable to the substantive position (be it NM 2, NM 3 or NM 4) for the entire shift unless: (i) in the case of a 24 hour a day, seven day per week Xxxx or Unit that is compliant with subclause 90.2(a)(i); (ii) the ANUM/AMUM in whose place the Registered Nurse or Registered Midwife acts, is on any form of leave; or (iii) for a reasonable period where the vacancy arises directly from the termination of employment of an ANUM/AMUM while a replacement ANUM/AMUM is being recruited, in which case a Registered Nurse or Registered Midwife will be paid at the minimum rate applicable to the ANUM/AMUM position which would normally be in charge on that shiftequitable basis.

Appears in 2 contracts

Samples: Employment Agreement, Enterprise Agreement

Higher Duties. 35.1 General entitlement to (1) This clause replaces Clause 11 of the Award for all employees except those employees classified at Level 1 or 2. (2) Employees who undertake acting in positions which are classified higher than their substantive positions will be paid a higher duties payment – Registered Nurse allowance in accordance with this clause. (3) An employee becomes eligible to be paid higher duties allowance upon having worked ten (10) days (cumulative) in blocks of 5 consecutive working days or Midwifemore acting in any position classified higher than their substantive position in their current anniversary year of employment. (4) Subject to subclause (3) higher duties allowance is payable for periods of acting in a higher position for a period of 5 consecutive working days or more, provided that where additional days of higher duties are worked continuously with the qualifying period, the higher duties allowance will be paid for all such additional days so worked. (5) The higher duties allowance payable: (a) Subject to subclauses 35.2employees performing the full duties of the higher position is equal to the difference between the employees salary for their substantive position and the position being acted in , 35.3provided that, 35.4 and 35.5where the cumulative period of acting in a position or positions of a particular level or higher exceeds 12 months in any 18 month period, a Registered Nurse or Midwife engaged on duties attracting a higher Level, grade or sub-grade than the Level, grade or sub-grade employee’s allowance will include the relevant service increments for the position in which the Employee he/she is ordinarily employed: (i) in any one shift for more than two hours will be paid for the full shift at the minimum rate for that higher Level, grade or sub-grade; or (ii) for two hours or less, only the time so worked will be paid for at that higher Level, grade or sub-grade.acting; (b) Level to employees performing only a proportion of the higher duties is calculated by taking the allowance payable in accordance with paragraph (a) paid in the same proportion as the proportion of higher duties paid by the employee; provided that no allowance is payable for the purposes qualifying 10 days of this clause 35 means a role acting in which the weekly salary in Appendix 2 for that role is higher than the employee's normal roleeach anniversary year. 35.2 General entitlement to (6) Each period of five (5) consecutive days acting on higher duties, whether paid or not, will be recorded in personal records and recognised as experience. (7) An employee, who is receiving a higher duties allowance – Enrolled Nurseat the time of registration of this agreement, will continue to receive that allowance. However, when the acting period ceases, if the employee has not completed ten days of higher duties in their current anniversary year, the employee will be required to complete the ten days without being paid the allowance for the additional days required to make up the qualifying period. (8) An employee who qualifies for the period of ten (10) working days in consecutive days which extend over the commencement of a new twelve (12) month period for the application of this clause, will; (a) Where an Enrolled Nurse Employee is required continue to replace an ANUM In Charge of a high care residential aged care xxxx they will be paid the ANUM rate for that period.allowance until such time as the acting period ceases; (b) During upon completion of the shift acting period, commence to serve the Enrolled Nurse must have access to ten (10) day qualifying period before a Registered Nursehigher duties allowance can be paid. (c9) In An employee who has been paid a high care residential aged care xxxx, an Enrolled Nurse can only be appointed to replace an ANUM as in charge where a Registered Nurse is not available to be rostered in charge. 35.3 Entitlement to higher duties payment allowance for certain Deputy and Principal roles 35.4 Entitlement to higher duties payment for ANUM/AMUM acting as NUM/MUM 35.5 Entitlement to higher duties payment for Registered Nurse or Registered Midwife acting as ANUM/AMUM 35.6 Entitlement to higher duties payment for Registered Nurse or Registered Midwife acting as NUM/MUM (a) An Employee who is not an ANUM or AMUM should only be in charge of a xxxx or unit in exceptional circumstances. (b) A Registered Nurse or Registered Midwife who is not an ANUM or AMUM, who is required to act in charge of a xxxx or unit during an off duty continuous period of a NUM/MUMtwelve (12) months or more, will be paid at the Nurse Manager grade applicable entitled to the substantive position (be it NM 2, NM 3 or NM 4) for the entire shift unless: (i) in the case of a 24 hour a day, seven day per week Xxxx or Unit that is compliant with subclause 90.2(a)(i); (ii) the ANUM/AMUM in whose place the Registered Nurse or Registered Midwife acts, is on any form of leave; or (iii) for a reasonable period where the vacancy arises directly from the termination of employment of an ANUM/AMUM while a replacement ANUM/AMUM is being recruited, in which case a Registered Nurse or Registered Midwife will be paid at the minimum that rate applicable for up to the ANUM/AMUM position which would normally be in charge on that shift.four (4) weeks of annual recreational leave or up to four

Appears in 1 contract

Samples: Enterprise Bargaining Agreement

Higher Duties. 35.1 General entitlement to (1) This clause replaces Clause 11 of the Award for all employees except those employees classified at Level 1 or 2. (2) Employees who undertake acting in positions which are classified higher than their substantive positions will be paid a higher duties payment – Registered Nurse allowance in accordance with this clause. (3) An employee becomes eligible to be paid higher duties allowance upon having worked ten (10) days (cumulative) in blocks of 5 consecutive working days or Midwifemore acting in any position classified higher than their substantive position in their current anniversary year of employment. (4) Subject to subclause (3) higher duties allowance is payable for periods of acting in a higher position for a period of 5 consecutive working days or more, provided that where additional days of higher duties are worked continuously with the qualifying period, the higher duties allowance will be paid for all such additional days so worked. (5) The higher duties allowance payable: (a) Subject to subclauses 35.2employees performing the full duties of the higher position is equal to the difference between the employees salary for their substantive position and the position being acted in , 35.3provided that, 35.4 and 35.5where the cumulative period of acting in a position or positions of a particular level or higher exceeds 12 months in any 18 month period, a Registered Nurse or Midwife engaged on duties attracting a higher Level, grade or sub-grade than the Level, grade or sub-grade employee’s allowance will include the relevant service increments for the position in which the Employee he/she is ordinarily employed: (i) in any one shift for more than two hours will be paid for the full shift at the minimum rate for that higher Level, grade or sub-grade; or (ii) for two hours or less, only the time so worked will be paid for at that higher Level, grade or sub-grade.acting; (b) Level to employees performing only a proportion of the higher duties is calculated by taking the allowance payable in accordance with paragraph (a) paid in the same proportion as the proportion of higher duties paid by the employee; provided that no allowance is payable for the purposes qualifying 10 days of this clause 35 means a role acting in which the weekly salary in Appendix 2 for that role is higher than the employee's normal roleeach anniversary year. 35.2 General entitlement to (6) Each period of five (5) consecutive days acting on higher duties, whether paid or not, will be recorded in personal records and recognised as experience. (7) An employee, who is receiving a higher duties allowance – Enrolled Nurseat the time of registration of this agreement, will continue to receive that allowance. However, when the acting period ceases, if the employee has not completed ten days of higher duties in their current anniversary year, the employee will be required to complete the ten days without being paid the allowance for the additional days required to make up the qualifying period. (8) An employee who qualifies for the period of ten (10) working days in consecutive days which extend over the commencement of a new twelve (12) month period for the application of this clause, will; (a) Where an Enrolled Nurse Employee is required continue to replace an ANUM In Charge of a high care residential aged care xxxx they will be paid the ANUM rate for that period.allowance until such time as the acting period ceases; (b) During upon completion of the shift acting period, commence to serve the Enrolled Nurse must have access to ten (10) day qualifying period before a Registered Nursehigher duties allowance can be paid. (c9) In An employee who has been paid a high care residential aged care xxxx, an Enrolled Nurse can only be appointed to replace an ANUM as in charge where a Registered Nurse is not available to be rostered in charge. 35.3 Entitlement to higher duties payment allowance for certain Deputy and Principal roles 35.4 Entitlement to higher duties payment for ANUM/AMUM acting as NUM/MUM 35.5 Entitlement to higher duties payment for Registered Nurse or Registered Midwife acting as ANUM/AMUM 35.6 Entitlement to higher duties payment for Registered Nurse or Registered Midwife acting as NUM/MUM (a) An Employee who is not an ANUM or AMUM should only be in charge of a xxxx or unit in exceptional circumstances. (b) A Registered Nurse or Registered Midwife who is not an ANUM or AMUM, who is required to act in charge of a xxxx or unit during an off duty continuous period of a NUM/MUMtwelve (12) months or more, will be paid at the Nurse Manager grade applicable entitled to the substantive position (be it NM 2, NM 3 or NM 4) for the entire shift unless: (i) in the case of a 24 hour a day, seven day per week Xxxx or Unit that is compliant with subclause 90.2(a)(i); (ii) the ANUM/AMUM in whose place the Registered Nurse or Registered Midwife acts, is on any form of leave; or (iii) for a reasonable period where the vacancy arises directly from the termination of employment of an ANUM/AMUM while a replacement ANUM/AMUM is being recruited, in which case a Registered Nurse or Registered Midwife will be paid at the minimum that rate applicable for up to the ANUM/AMUM position which would normally be in charge on that shiftfour (4) weeks of annual recreational leave or up to four (4) weeks of any other approved leave of absence.

Appears in 1 contract

Samples: Enterprise Bargaining Agreement

Higher Duties. 35.1 General entitlement (1) An employee, other than one classified as a Relieving Employee above the automatic range, who is directed by the employer or a duly authorised senior employee to act in an office which is classified higher than his/her own and who performs the full duties payment – Registered Nurse and accepts the full responsibility of the higher office for five consecutive working days or Midwife (a) Subject more, shall, subject to subclauses 35.2the provisions of this Agreement, 35.3, 35.4 be paid an allowance equal to the difference between his/her own salary and 35.5, a Registered Nurse or Midwife engaged on duties attracting a higher Level, grade or sub-grade than the Level, grade or sub-grade salary the employee would receive if he/she were permanently appointed to the office in which the Employee he/she is ordinarily employed: (i) in any one shift for more than two hours will be paid for the full shift at the minimum rate for that higher Level, grade or sub-grade; or (ii) for two hours or less, only the time so worked will be paid for at that higher Level, grade or sub-gradedirected to act. (b2) Level Where the full duties of a higher office are temporarily performed by two or more employees they shall each be paid an allowance as determined by the employer: Provided that any dispute or disagreement as to the amount of any such allowance shall be referred to the Western Australian Industrial Relations Commission. (3) Where a Relieving Employee classified above the automatic range acts in an office or offices classified one class higher than his/her own for a continuous period exceeding four weeks, the purposes employee shall be paid a higher duties allowance as prescribed in subclause (1) of this clause 35 means clause, for all that part of such period in excess of four weeks. (4) Where a role Relieving Employee classified above the automatic range acts in an office classified two or more classes higher than his/her own, the employee shall be paid higher duties allowance as prescribed in subclause (1) of this clause. (5) Where an employee is directed to act in an office which has an incremental range of salaries he/she shall be entitled to receive an increase in higher duties allowance equivalent to the weekly salary annual increment he/she would have received had he/she been permanently appointed to such office: Provided that acting service with allowances for acting in Appendix 2 for that role is offices of the same classification or higher than the employee's normal roleoffice during the eighteen months preceding the commencement of so acting shall aggregate as qualifying service towards such an increase in the allowance. 35.2 General entitlement to (6) Where an employee, who has qualified for payment of higher duties allowance – Enrolled Nurse (a) Where an Enrolled Nurse Employee is required to replace an ANUM In Charge of a high care residential aged care xxxx they will be paid the ANUM rate for that period. (b) During the shift the Enrolled Nurse must have access to a Registered Nurse. (c) In a high care residential aged care xxxxunder this clause, an Enrolled Nurse can only be appointed to replace an ANUM as in charge where a Registered Nurse is not available to be rostered in charge. 35.3 Entitlement to higher duties payment for certain Deputy and Principal roles 35.4 Entitlement to higher duties payment for ANUM/AMUM acting as NUM/MUM 35.5 Entitlement to higher duties payment for Registered Nurse or Registered Midwife acting as ANUM/AMUM 35.6 Entitlement to higher duties payment for Registered Nurse or Registered Midwife acting as NUM/MUM (a) An Employee who is not an ANUM or AMUM should only be in charge of a xxxx or unit in exceptional circumstances. (b) A Registered Nurse or Registered Midwife who is not an ANUM or AMUM, who is required to act in charge another office or other offices classified higher than his/her own for periods of a xxxx or unit during an off duty period of a NUM/MUMless than five consecutive working days without any break occurring in acting service, will the employee shall be paid a higher duties allowance in respect of such further period or periods of so acting: Provided that payment shall be made at the Nurse Manager grade applicable to highest rate the substantive position (be it NM 2, NM 3 employee has been paid during his/her term of continuous acting or NM 4) for the entire shift unless: (i) in the case of a 24 hour a day, seven day per week Xxxx or Unit that is compliant with subclause 90.2(a)(i); (ii) the ANUM/AMUM in whose place the Registered Nurse or Registered Midwife acts, is on any form of leave; or (iii) for a reasonable period where the vacancy arises directly from the termination of employment of an ANUM/AMUM while a replacement ANUM/AMUM is being recruited, in which case a Registered Nurse or Registered Midwife will be paid at the minimum rate applicable to the ANUMoffice in which he/AMUM position she is currently acting - whichever is the less. (7) Where an employee who is in receipt of an allowance granted under this clause and has been so for a continuous period of twelve months or more, proceeds on - (a) a period of normal annual leave; (b) a period of any other approved leave of absence of not more than one calendar month; he/she shall continue to receive the allowance for the period of leave. This subclause shall also apply to an employee who has been in receipt of an allowance for less than twelve months if during his/her absence no other employee acts in the office in which would normally be he/she was acting immediately prior to proceeding on leave and he/she resumes in charge on that shiftthe office immediately after his/her leave. (8) For the purposes of subclause (7) the expression -

Appears in 1 contract

Samples: Enterprise Agreement

Higher Duties. 35.1 General entitlement 2.9.1. An employee who is required by the Employer on a temporary basis to higher duties payment – Registered Nurse or Midwife (a) Subject to subclauses 35.2, 35.3, 35.4 and 35.5, a Registered Nurse or Midwife engaged on undertake duties attracting a higher Levelrate of pay than the employee’s ordinary classification, grade or shall be paid the higher rate on the following basis: a) If an employee undertakes the substantial responsibilities of a Higher Position from the commencement of the first shift and the responsibilities of the Higher Position are not shared with other employees, then the employee shall be paid the higher rate of pay for the position from the commencement of the first shift. b) If sub-grade than clause a) does not apply, then the Levelemployee shall be paid the higher rate for the time the employee is required to undertake the higher duties, grade or sub-grade in which the Employee is ordinarily employed:but (i) in any one shift if the higher duties are performed for more than two hours will of one shift, the employee shall be paid the higher rate for the whole shift; and ii) if the higher duties are performed for less than 20 minutes of one shift, the higher rate shall not be paid for that time. c) An employee who is not ordinarily in receipt of a Aggregated Wage Rate that undertakes the full shift at duties of a Higher Position for periods of up to one week shall be paid the minimum Ordinary Wage Rate plus any applicable penalties relevant to the Higher Position – not the Aggregated Wage Rate (if applicable). d) If an employee undertakes the duties of a Higher Position for a continuous period of one week or more then the employee shall be paid the Ordinary Wage Rate plus any applicable penalties (if the wage of acting position is non aggregated), or the Aggregated Wage Rate for the Higher Position. e) While acting in a Higher Position for a period of one week or more, an employee shall not be paid less in any week in that period than the total weekly wage payable in that employee’s ordinary classification. 2.9.2. If an employee is required by the Employer on a temporary basis to undertake duties attracting a lower rate of pay than the employee’s ordinary classification, the employee’s total weekly wage rate shall not be reduced whilst employed in such capacity. 2.9.3. If an employee is required by the Employer on a temporary basis to undertake higher duties continuously for a period of three months or more then the conditions of employment for that Higher Position, including accrued leave entitlements, shall apply to the employee. 2.9.4. If within two weeks before a period of annual leave is taken an employee is acting in a higher Level, grade or sub-grade; or (ii) capacity and has been so acting for a period of not less than two hours or less, only months the time so worked will annual leave shall be paid for at that higher Level, grade or sub-grade. (b) Level for the purposes of this clause 35 means a role in which the weekly salary in Appendix 2 for that role is higher than the employee's normal role. 35.2 General entitlement to higher duties allowance – Enrolled Nurse (a) Where an Enrolled Nurse Employee is required to replace an ANUM In Charge of a high care residential aged care xxxx they will be paid the ANUM rate for that period. (b) During the shift the Enrolled Nurse must have access to a Registered Nurse. (c) In a high care residential aged care xxxx, an Enrolled Nurse can only be appointed to replace an ANUM as in charge where a Registered Nurse is not available to be rostered in charge. 35.3 Entitlement to higher duties payment for certain Deputy and Principal roles 35.4 Entitlement to higher duties payment for ANUM/AMUM acting as NUM/MUM 35.5 Entitlement to higher duties payment for Registered Nurse or Registered Midwife acting as ANUM/AMUM 35.6 Entitlement to higher duties payment for Registered Nurse or Registered Midwife acting as NUM/MUM (a) An Employee who is not an ANUM or AMUM should only be in charge of a xxxx or unit in exceptional circumstances. (b) A Registered Nurse or Registered Midwife who is not an ANUM or AMUM, who is required to act in charge of a xxxx or unit during an off duty period of a NUM/MUM, will be paid at the Nurse Manager grade applicable to the substantive position (be it NM 2, NM 3 or NM 4) for the entire shift unless: (i) in the case of a 24 hour a day, seven day per week Xxxx or Unit that is compliant with subclause 90.2(a)(i); (ii) the ANUM/AMUM in whose place the Registered Nurse or Registered Midwife acts, is on any form of leave; or (iii) for a reasonable period where the vacancy arises directly from the termination of employment of an ANUM/AMUM while a replacement ANUM/AMUM is being recruited, in which case a Registered Nurse or Registered Midwife will be paid at the minimum rate applicable to such higher capacity position. 2.9.5. An employee who acts at the ANUM/AMUM position which would normally higher level for a continuous period of 12 months or more and proceeds on leave other than annual leave for a period of five weeks or more shall be in charge entitled to receive payment of such allowance on that shifta pro rata basis during the period of leave, except for seven day or 24 hour rostered employees who shall receive payment of such allowance on a pro rata basis where the employee proceeds on leave other than annual leave for a period six weeks or more.

Appears in 1 contract

Samples: Industrial Agreement

Higher Duties. 35.1 General entitlement 37.1 The major stations where a Fire Officer 2 is identified will at all times maintain an appointed officer (either F02 or F01) on duty. 37.2 Qualified Firefighter (with Leading Firefighter or Fire Officer qualifications) may act up to higher duties payment – Registered Nurse the rank for which he or Midwifeshe is qualified, (up to Fire Officer Level One). 37.3 Where one only Leading Firefighter is on a shift, he or she must be replaced by another Leading Firefighter or Qualified Firefighter (awith Leading Firefighter qualifications) Subject acting up for the duration of any absence. 37.4 When a Qualified Firefighter (with Leading Firefighter qualifications) acts up to subclauses 35.2, 35.3, 35.4 and 35.5, a Registered Nurse or Midwife engaged on duties attracting a higher Leading Firefighter Level, grade or sub-grade than the Levelemployee shall be paid the Leading Firefighter rate for the entire period of higher duties. 37.5 When a Qualified Firefighter (qualified as a Fire Officer) acts up to Fire Officer 1 level, grade or sub-grade the employee shall be paid the Fire Officer Grade 1 rate for the entire period of higher duties. 37.6 A Senior Firefighter with Fire Officer qualifications required to act in which the Employee is ordinarily employed: (i) place of a Fire Officer Grade 1 for a period in any one shift for more than two hours will excess of half a shift, shall be paid for the full whole of the shift at the minimum rate Leading Firefighter rate. Any Senior Firefighter required to act in place of a Fire Officer Grade 1 for that higher Levela period exceeding one tour of duty or one week, grade or sub-grade; or (ii) for two hours or less, only the time so worked will shall be paid at the rate of Fire Officer Grade 1 for at that higher Level, grade the period in excess of one tour of duty or sub-gradeone week. (b) Level for 37.7 A Leading Firefighter having passed all four modules of the purposes Transition Model may act up as a Fire Officer Grade 1, but only under the supervision of this clause 35 means a role in which the weekly salary in Appendix 2 for that role is higher than the employee's normal roleanother Appointed/Relieving Officer. 35.2 General entitlement to higher duties allowance – Enrolled Nurse37.8 A Leading Firefighter or Senior Firefighter (not qualified as a Fire Officer) may act up as a Fire Officer Grade 1, but only under the supervision of a substantive Fire Officer. 37.9 A Leading Firefighter (aqualified as a Fire Officer) Where an Enrolled Nurse Employee is may be required to replace an ANUM In Charge act in place of a high care residential aged care xxxx they will Fire Officer Grade 1 for a period not exceeding one tour of duty or one week in the case of a Leading Firefighter not subject to the 10/14 roster, in each of the respective 20 and 24 week leave cycles for no additional payment. 37.10 Should the acting up period exceed one tour of duty or one week, then the employee shall be paid the ANUM rate of a Fire Officer Grade 1 for that periodthe period in excess of one tour of duty or one week. (b) During 37.11 An Officer may be required to act in place of an employee of the shift next higher rank for a period not exceeding one tour of duty or one week in the Enrolled Nurse must have access case of an employee not subject to a Registered Nurse. (c) In a high care residential aged care xxxx, an Enrolled Nurse can only be appointed to replace an ANUM as in charge where a Registered Nurse is not available to be rostered in charge. 35.3 Entitlement to higher duties payment for certain Deputy and Principal roles 35.4 Entitlement to higher duties payment for ANUM/AMUM acting as NUM/MUM 35.5 Entitlement to higher duties payment for Registered Nurse or Registered Midwife acting as ANUM/AMUM 35.6 Entitlement to higher duties payment for Registered Nurse or Registered Midwife acting as NUM/MUM (a) the 10/14 roster. An Employee who is not an ANUM or AMUM should only be in charge of a xxxx or unit in exceptional circumstances. (b) A Registered Nurse or Registered Midwife who is not an ANUM or AMUM, employee who is required to act up to the next higher rank for periods in charge excess of a xxxx or unit during an off duty period of a NUM/MUMthose detailed, will shall be paid at the Nurse Manager grade applicable rate of an Officer of the said next higher rank. 37.12 Where an Officer is required to act in place of an Officer that is two ranks above their substantive rank, they shall be paid at the rate of the Officer of the next higher rank to their substantive position (be it NM 2rank, NM 3 from the commencement of the Higher Duties function. If the Higher Duties continue for a period in excess of one tour of duty or NM 4) for the entire shift unless: (i) one week in the case of a 24 hour a dayan Officer not subject to the 10/14 roster, seven day per week Xxxx or Unit that is compliant with subclause 90.2(a)(i); (ii) the ANUM/AMUM in whose place the Registered Nurse or Registered Midwife acts, is on any form of leave; or (iii) for a reasonable period where the vacancy arises directly from the termination of employment of an ANUM/AMUM while a replacement ANUM/AMUM is being recruited, in which case a Registered Nurse or Registered Midwife will they shall be paid at the minimum rate applicable to of the ANUM/AMUM position which would normally be Officer they are relieving or at the rate agreed by the EBIC for the period in charge on that shiftexcess of one tour of duty or one week as the case may be.

Appears in 1 contract

Samples: Operational Staff Agreement

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Higher Duties. 35.1 General entitlement (a) In order to facilitate equitable access to higher duties payment – Registered Nurse or Midwifeassignments and for the purpose of avoiding disputes, the Employer will ensure it has a process in place for the allocation of higher duties. (ab) Higher duties of less than one week (i) In the event that a House Supervisor, Deputy Unit Manager, Facility Services Officer Level 3 or Trades Coordinator Level 1 normally rostered for duty on a shift, is absent from duty, an Employee at the next level below in the group home or facility, will be designated to perform the duties of that position on the shift(s), provided that: (A) the House Supervisor, Deputy Unit Manager, Facility Services Officer Level 3 or Trades Coordinator Level 1 is absent from duty for a rostered shift; (B) an alternative replacement at level is not available; and (C) the designated Employee performs the duties that would otherwise be performed by the House Supervisor, . (c) The period of higher duties does not necessarily have to coincide with the rostered shift(s) of the House Supervisor. (d) The designated Employee who performs higher duties in accordance with this clause shall be paid for the rostered shift(s) as House Supervisor, an allowance equivalent to 50% of the difference between the maximum salary rate applicable to the assignee's classification and the rate of emolument payable had the assignee been promoted to the higher position. (e) Higher duties greater than one week (i) Subject to subclauses 35.2this clause an Employee who, 35.3, 35.4 and 35.5, for a Registered Nurse or Midwife engaged on duties attracting period of longer than one week is assigned to act in a position higher Level, grade or sub-grade than the Level, grade or sub-grade in that which the Employee occupies shall be granted from the date of such assignment an allowance computed in the manner set out in clause 22.4 (f). (ii) Where it is ordinarily employedapparent that the period of higher duties is for greater than a week the Employer shall consider undertaking a more formal internal advertisement and merit based selection process. (iii) Employees will be assigned to act in a position based upon the following criteria listed in order of significance: (A) ability of Employees to undertake the assignment; (B) availability of the Employees to undertake the assignment; (C) consistency with any Employee Professional Development and Supervision Plan. (f) An Employee undertaking higher duties shall be granted from the date of such assignment an allowance computed in the following manner: (i) in any one shift for more than two hours where the Employee performs the duties of the higher position, such allowance as will be paid for increase their rate of pay to the full shift at the minimum rate for that which would have been payable had he or she been promoted to such higher Level, grade or sub-grade; orposition. (ii) for two hours or less, only where the time so worked will be paid for at that higher Level, grade or sub-grade. (b) Level for the purposes of this clause 35 means a role in which the weekly respective salary in Appendix 2 for that role is higher than the employee's normal role. 35.2 General entitlement to higher duties allowance – Enrolled Nurse (a) Where an Enrolled Nurse Employee is required to replace an ANUM In Charge of a high care residential aged care xxxx they will be paid the ANUM rate for that period. (b) During the shift the Enrolled Nurse must have access to a Registered Nurse. (c) In a high care residential aged care xxxx, an Enrolled Nurse can only be appointed to replace an ANUM as in charge where a Registered Nurse is not available to be rostered in charge. 35.3 Entitlement to higher duties payment for certain Deputy and Principal roles 35.4 Entitlement to higher duties payment for ANUM/AMUM acting as NUM/MUM 35.5 Entitlement to higher duties payment for Registered Nurse or Registered Midwife acting as ANUM/AMUM 35.6 Entitlement to higher duties payment for Registered Nurse or Registered Midwife acting as NUM/MUM (a) An Employee who is not an ANUM or AMUM should only be in charge of a xxxx or unit in exceptional circumstances. (b) A Registered Nurse or Registered Midwife who is not an ANUM or AMUM, who is required to act in charge of a xxxx or unit during an off duty period of a NUM/MUM, will be paid at the Nurse Manager grade rates applicable to the substantive classification of the Employee and to the higher position (be it NM 2, NM 3 overlap and he or NM 4) for the entire shift unlessshe performs: (i) in the case of a 24 hour a day, seven day per week Xxxx or Unit that is compliant with subclause 90.2(a)(i); (iiA) the ANUM/AMUM in whose place duties of the Registered Nurse or Registered Midwife actshigher position, is on any form such allowance (hereafter termed the specified allowance) as will increase the rate of leaveemolument of the Employee to the rate which would have been payable had the Employee been promoted to such higher position; or (iii) Where the classification of the higher position at the time the Employee is so assigned has been attained by the progress of the occupant on the basis of their qualifications or experience and the position would when vacated, be reclassified to a lower classification, the allowance payable in accordance with this clause shall be calculated on the basis of the minimum salary rate prescribed for the classification. (iv) An Employee so assigned shall be entitled to such increases in the allowance payable as are equivalent to the annual increments appropriate to the higher position. (g) Promotion/appointment while on assignments (i) Where an Employee assigned to act in a higher position performs the full duties of the higher position, the Employee shall: (A) if promoted or appointed to a position of the same classification of the higher position, be paid a salary at least equivalent to the emolument payable in accordance with this clause immediately prior to such promotion or appointment and shall be eligible to receive increments in the same manner as if he or she had been promoted or appointedto such higher office or position on the date of their assignment; (B) if promoted or appointed to a position of a lower classification than that of the higher position, be paid such salary and be eligible to receive such increments as if he or she had been promoted or appointed to such position on the date of their assignment. (h) Treatment as salary and payment during leave (i) Allowances granted under this clause shall be regarded as salary for the purposes of calculation of payments under the provisions of clause 30 and clauses 22.14, 24.2, 28.4,and 31.6 and 32 (i) Notwithstanding anything in this clause an Employee so assigned at the time he or she commences long service leave in accordance with clause 36 shall not be paid an allowance in accordance with clause 22.4, during such leave unless such assignment has continued for a reasonable period of 12 months. (ii) Notwithstanding anything in this clause, an Employee so assigned at the time he or she commences sick leave or workers' compensation leave, shall be paid an allowance in accordance with this clause: (A) for a total period not more than three days of such leave in the first year of such assignment; or (B) for a total period of not more than two weeks for such leave if such assignment has continued for a period exceeding 12 months. (iii) Notwithstanding anything in this clause, an Employee who is on higher duties assignment immediately prior to the time he or she commences paid parental leave or adoption leave in accordance with clause 32 shall be paid an allowance in accordance with this clause during the period of paid leave, provided that: (A) the Employee would have continued to act uninterrupted on the higher class duties if he or she had not taken paid parental leave; and (B) the payment of the higher duties allowance during paid parental or paid adoption leave ceases at the time the assignment would have ceased if the Employee had remained on duty. (i) Part-time assignments (i) A part-time Employee may be assigned the duties of a higher position, and an Employee may be assigned the duties of a higher part-time position, provided that at least five shifts or, where more than one shift is worked in a day, five days, are to be worked during the vacancy arises directly from assigned period. (ii) Where a part-time Employee is assigned the termination duties of employment of an ANUM/AMUM while a replacement ANUM/AMUM is being recruitedhigher position, in which case a Registered Nurse or Registered Midwife will the prescribed allowance must be paid at the minimum a rate applicable proportionate to the ANUM/AMUM duties performed, pro-rated according to the hours worked. (iii) Where an Employee is assigned the duties of a higher part-time position, the prescribed allowance must be paid at a rate proportionate to the duties performed, pro-rated accordingly to the hours of work of the part-time position. (j) Assignments to cover rostered days off (i) Notwithstanding anything in this clause an allowance shall not be paid to an Employee assigned to act in a position higher than that which would normally the Employee occupies where the assignment has been necessitated by the absence of an Employee on a rostered day or days off duty, except that where the assignment includes acting in a position higher than that which the Employee occupies on the working day on either side of the rostered day or days off duty, an allowance shall be paid in charge respect of such rostered day or days off. (ii) For the purpose of this clause, 'a rostered day or days off duty' means a day or days rostered off in a given cycle or hours where the Employee is not required to perform duty on that shiftday or days in order to work their normal fortnightly hours of duty, but does not include other days on which the Employee is not required to work their normal fortnightly hours of duty, such as the taking of leave for which provision is made in Part 6 Leave of Absence in this Agreement. (k) Aggregate periods of higher duties and incremental progression (i) Extended assignments of higher duties will be recognised for incremental purposes as follows: (A) Extended assignments will be defined as a total of 12 months of higher duties assignments undertaken within a 24 month period; and (B) For incremental purposes, increments will not be paid until the completion of the 12 months of higher duties.

Appears in 1 contract

Samples: Enterprise Agreement

Higher Duties. 35.1 General entitlement to higher duties payment – Registered Nurse or Midwife (a) Subject to subclauses 35.2, 35.3, 35.4 19.1 Where required by the University and 35.5accepted by the staff member, a Registered Nurse or Midwife engaged on duties attracting a higher Level, grade or sub-grade than the Level, grade or sub-grade in which the Employee is ordinarily employed: (i) in any one shift for more than two hours will be paid for the full shift at the minimum rate for that higher Level, grade or sub-grade; or (ii) for two hours or less, only the time so worked will be paid for at that higher Level, grade or sub-grade. (b) Level for the purposes of this clause 35 means a role in which the weekly salary in Appendix 2 for that role is higher than the employee's normal role. 35.2 General entitlement to higher duties allowance – Enrolled Nurse (a) Where an Enrolled Nurse Employee is required to replace an ANUM In Charge of a high care residential aged care xxxx they will be paid the ANUM rate for that period. (b) During the shift the Enrolled Nurse must have access to a Registered Nurse. (c) In a high care residential aged care xxxx, an Enrolled Nurse can only be appointed to replace an ANUM as in charge where a Registered Nurse is not available to be rostered in charge. 35.3 Entitlement to higher duties payment for certain Deputy Trades and Principal roles 35.4 Entitlement to higher duties payment for ANUM/AMUM acting as NUM/MUM 35.5 Entitlement to higher duties payment for Registered Nurse or Registered Midwife acting as ANUM/AMUM 35.6 Entitlement to higher duties payment for Registered Nurse or Registered Midwife acting as NUM/MUM (a) An Employee who is not an ANUM or AMUM should only be in charge of a xxxx or unit in exceptional circumstances. (b) A Registered Nurse or Registered Midwife who is not an ANUM or AMUM, Services staff member who is required to act in charge a position of higher classification than that which the Trades and Services Staff member occupies shall be paid a higher duties allowance which shall be regarded as salary for calculating all other types of allowances including overtime. The minimum period of acting in a higher level position is 2 hours provided that where the period of acting service in the higher position is continuous for more than two hours during one day or shift, the staff member shall be paid the higher duties allowance for such day or shift. 19.2 Where a staff member qualifies for payment of a xxxx or unit during higher duties allowance the allowance shall be payable from the date the staff member commenced to perform the higher duties. 19.3 The higher duties allowance shall be the difference between the Trades and Services Staff member’s salary and the salary payable had the Trades and Services staff member been promoted to the higher office. If the Trades and Services Staff member is not performing the full range of the duties of the higher level position, he/she shall be paid a pro rata amount. 19.4 A Trades and Services member shall be eligible to receive an off duty increment at the higher level position if he/she has served for a continuous period of a NUM/MUM, will be paid twelve months at the Nurse Manager grade applicable higher level, or a total period of twelve months over a twenty-four month period. 19.5 If a Trades and Services member is promoted to the substantive higher level position, he/she shall not suffer any reduction in remuneration and shall be promoted on the same incremental level at which he/she was acting and any periods of acting at the higher level shall be taken into account in determining future increments. 19.6 A Trades and Services staff member who is acting in a higher level position (shall be it NM 2entitled to continue to receive a higher duties allowance when he/she proceeds on paid leave or a rostered day off, NM 3 or NM 4) other than long service leave, provided the acting in the higher level position would have continued but for the entire shift unless: (i) in the case of a 24 hour a day, seven day per week Xxxx or Unit that is compliant with subclause 90.2(a)(i); (ii) the ANUM/AMUM in whose place the Registered Nurse or Registered Midwife acts, is on any form taking of leave; or (iii) for a reasonable period where the vacancy arises directly from the termination of employment of an ANUM/AMUM while a replacement ANUM/AMUM is being recruited, in which case a Registered Nurse or Registered Midwife will be paid at the minimum rate applicable to the ANUM/AMUM position which would normally be in charge on that shift.

Appears in 1 contract

Samples: Monash University Enterprise Agreement

Higher Duties. 35.1 General entitlement (1) An employee, other than one classified as a Relieving Employee above the automatic range, who is directed by the employer or a duly authorised senior employee to act in an office which is classified higher than his/her own and who performs the full duties payment – Registered Nurse and accepts the full responsibility of the higher office for five consecutive working days or Midwife (a) Subject more, shall, subject to subclauses 35.2the provisions of this Agreement, 35.3, 35.4 be paid an allowance equal to the difference between his/her own salary and 35.5, a Registered Nurse or Midwife engaged on duties attracting a higher Level, grade or sub-grade than the Level, grade or sub-grade salary the employee would receive if he/she were permanently appointed to the office in which the Employee he/she is ordinarily employed: (i) in any one shift for more than two hours will be paid for the full shift at the minimum rate for that higher Level, grade or sub-grade; or (ii) for two hours or less, only the time so worked will be paid for at that higher Level, grade or sub-gradedirected to act. (b2) Level Where the full duties of a higher office are temporarily performed by two or more employees they shall each be paid an allowance as determined by the employer: Provided that any dispute or disagreement as to the amount of any such allowance shall be referred to the Western Australian Industrial Relations Commission. (3) Where a Relieving Employee classified above the automatic range acts in an office or offices classified one class higher than his/her own for a continuous period exceeding four weeks, the purposes employee shall be paid a higher duties allowance as prescribed in subclause (1) of this clause 35 means clause, for all that part of such period in excess of four weeks. (4) Where a role Relieving Employee classified above the automatic range acts in an office classified two or more classes higher than his/her own, the employee shall be paid higher duties allowance as prescribed in subclause (1) of this clause. (5) Where an employee is directed to act in an office which has an incremental range of salaries he/she shall be entitled to receive an increase in higher duties allowance equivalent to the weekly salary annual increment he/she would have received had he/she been permanently appointed to such office: Provided that acting service with allowances for acting in Appendix 2 for that role is offices of the same classification or higher than the employee's normal roleoffice during the eighteen months preceding the commencement of so acting shall aggregate as qualifying service towards such an increase in the allowance. 35.2 General entitlement to (6) Where an employee, who has qualified for payment of higher duties allowance – Enrolled Nurse (a) Where an Enrolled Nurse Employee is required to replace an ANUM In Charge of a high care residential aged care xxxx they will be paid the ANUM rate for that period. (b) During the shift the Enrolled Nurse must have access to a Registered Nurse. (c) In a high care residential aged care xxxxunder this clause, an Enrolled Nurse can only be appointed to replace an ANUM as in charge where a Registered Nurse is not available to be rostered in charge. 35.3 Entitlement to higher duties payment for certain Deputy and Principal roles 35.4 Entitlement to higher duties payment for ANUM/AMUM acting as NUM/MUM 35.5 Entitlement to higher duties payment for Registered Nurse or Registered Midwife acting as ANUM/AMUM 35.6 Entitlement to higher duties payment for Registered Nurse or Registered Midwife acting as NUM/MUM (a) An Employee who is not an ANUM or AMUM should only be in charge of a xxxx or unit in exceptional circumstances. (b) A Registered Nurse or Registered Midwife who is not an ANUM or AMUM, who is required to act in charge another office or other offices classified higher than his/her own for periods of a xxxx or unit during an off duty period of a NUM/MUMless than five consecutive working days without any break occurring in acting service, will the employee shall be paid a higher duties allowance in respect of such further period or periods of so acting: Provided that payment shall be made at the Nurse Manager grade applicable to highest rate the substantive position (be it NM 2, NM 3 employee has been paid during his/her term of continuous acting or NM 4) for the entire shift unless: (i) in the case of a 24 hour a day, seven day per week Xxxx or Unit that is compliant with subclause 90.2(a)(i); (ii) the ANUM/AMUM in whose place the Registered Nurse or Registered Midwife acts, is on any form of leave; or (iii) for a reasonable period where the vacancy arises directly from the termination of employment of an ANUM/AMUM while a replacement ANUM/AMUM is being recruited, in which case a Registered Nurse or Registered Midwife will be paid at the minimum rate applicable to the ANUMoffice in which he/AMUM position she is currently acting ‑ whichever is the less. (7) Where an employee who is in receipt of an allowance granted under this clause and has been so for a continuous period of twelve months or more, proceeds on ‑ (a) a period of normal annual leave; (b) a period of any other approved leave of absence of not more than one calendar month; he/she shall continue to receive the allowance for the period of leave. This subclause shall also apply to an employee who has been in receipt of an allowance for less than twelve months if during his/her absence no other employee acts in the office in which would normally be he/she was acting immediately prior to proceeding on leave and he/she resumes in charge on that shiftthe office immediately after his/her leave. (8) For the purposes of subclause (7) the expression ‑

Appears in 1 contract

Samples: Enterprise Agreement

Higher Duties. 35.1 General entitlement to higher duties payment – Registered Nurse or Midwife (a) Subject to subclauses 35.2, 35.3, 35.4 and 35.5, A staff member who temporarily acts in a Registered Nurse or Midwife engaged on duties attracting position which is classified at a higher Levellevel than his or her own position, grade or sub-grade than the Level, grade or sub-grade in which the Employee is ordinarily employed: (i) in any one shift for more than two hours five consecutive working days, will be paid an allowance equal to the difference between the minimum salary of the higher classified position and his or her own salary. A staff member will be entitled to be paid a full higher duties allowance unless it is specified at the time that he or she has only been appointed to perform part of the duties of the higher classified position, in which case a lesser amount will be paid. A staff member will not receive a higher duties allowance if he or she is the deputy or assistant of a more senior staff member and normal duties as specified in the job description for the full shift at position include deputising for that more senior staff member. A staff member will not receive a higher duties allowance if the minimum rate salary for that the higher Levelclassified position is less than his or her substantive salary. If a staff member acts in a position where the usual occupant receives a salary greater than the maximum salary for the classification of the position, grade he or sub-grade; or (ii) for two hours or less, only the time so worked she will not be paid for at that a higher Level, grade or sub-grade. (b) Level for duties allowance other than the purposes one which applies to the classification level of this clause 35 means the position. A staff member who is paid a role in which the weekly salary in Appendix 2 for that role is higher than the employee's normal role. 35.2 General entitlement to maximum salary for the classification level of the position he or she occupies because of the preservation of salary horizon under the University of Sydney Award and Classification Restructuring Agreement - 1993 will not be paid a higher duties allowance – Enrolled Nurse (a) Where an Enrolled Nurse Employee is required to replace an ANUM In Charge of a high care residential aged care xxxx they will be paid the ANUM rate for that period. (b) During the shift the Enrolled Nurse must have access to a Registered Nurse. (c) In a high care residential aged care xxxx, an Enrolled Nurse can only be appointed to replace an ANUM as in charge where a Registered Nurse is not available to be rostered in charge. 35.3 Entitlement to higher duties payment for certain Deputy and Principal roles 35.4 Entitlement to higher duties payment for ANUM/AMUM acting as NUM/MUM 35.5 Entitlement to higher duties payment for Registered Nurse if he or Registered Midwife acting as ANUM/AMUM 35.6 Entitlement to higher duties payment for Registered Nurse or Registered Midwife acting as NUM/MUM (a) An Employee who is not an ANUM or AMUM should only be in charge of a xxxx or unit in exceptional circumstances. (b) A Registered Nurse or Registered Midwife who is not an ANUM or AMUM, who she is required to act in charge of a xxxx or unit during an off duty period of a NUM/MUM, will be paid position at the Nurse Manager grade applicable classification level to which the salary applies. ‘Salary horizon’ means that salary to which a staff member would have progressed without promotion or reclassification but for the implementation of that Agreement, adjusted to the substantive position (be it NM 2, NM 3 or NM 4) nearest but not lower salary rate provided for in that Agreement. A staff member will not receive a higher duties allowance for the entire shift unless: (i) in classification level of the case of a 24 hour a day, seven day per week Xxxx or Unit that is compliant with subclause 90.2(a)(i); (ii) the ANUM/AMUM in whose place the Registered Nurse or Registered Midwife acts, is on any form of leave; or (iii) for a reasonable period where the vacancy arises directly from the termination of employment of an ANUM/AMUM while a replacement ANUM/AMUM is being recruited, position in which case a Registered Nurse he or Registered Midwife will be paid at she is acting if this allowance, combined with his or her salary, exceeds the minimum rate applicable to the ANUM/AMUM first salary step. If, however, a staff member has been acting in a higher position which would normally for a continuous 12 month period and carrying out all the duties of that higher position for that period, the higher duties allowance will be in charge on that shiftincreased to the next step within the level or by an amount reflecting the percentage of the duties required to be performed, if the staff member is able to satisfy the criteria for incremental progression as established by Clause 19.

Appears in 1 contract

Samples: General Staff Agreement

Higher Duties. 35.1 General entitlement to higher duties payment – Registered Nurse or Midwife (a) Subject For the purposes of this clause a day will be defined as: • For a full-time employee - the ordinary hours of work as required for that work section where the higher duties are being performed. • For part-time and casual employees - higher duties will apply for actual hours worked provided that such duties are undertaken for more than four (4) hours on any day. (b) An employee directed or appointed to subclauses 35.2, 35.3, 35.4 perform and 35.5, a Registered Nurse or Midwife engaged on undertake the normal duties attracting and responsibilities of a higher Levelclassified position where the employee is required to perform the substantive functions of the role for more than one (1) day will be paid higher duties in accordance with clause 12.16(c). (c) The employee will be paid higher duties for the whole period during which they undertake the duties of the higher classified role, grade as follows: • Where it is a higher classified position within the Band structure of the Agreement, the employee will be paid at the first level (i.e. Level A) of the Band of the higher classified position, subject to clause 12.16.(d) • Where the higher classified position is subject to an annualised salary agreement under this Agreement (see clause 12.12), the employee will be paid the banded salary of the higher classified position • A nurse who is directed or sub-grade than appointed to act in either of the Levelfollowing positions will be paid the salary of the incumbent (or immediate past incumbent, grade or sub-grade in if the position is vacant) for the period during which the Employee employee is ordinarily employedacting in the role: • the MCH Coordinator • the MCH Team Leader. (d) An employee may be paid at Level B, C, D, or up to the full annualised salary amount where the employee: (i) in any one shift for more than two hours will be paid for demonstrates the full shift at required skills, knowledge and experience to undertake the minimum rate for that higher Levelposition, grade or sub-grade; orand‌ (ii) for two hours or lessactually, only carries out all aspects of the time so worked will be paid for at that higher Levelposition, grade or sub-grade. (b) Level for the purposes of this clause 35 means a role in which the weekly salary in Appendix 2 for that role is higher than the employee's normal role. 35.2 General entitlement to higher duties allowance – Enrolled Nurse (a) Where an Enrolled Nurse Employee is required to replace an ANUM In Charge of a high care residential aged care xxxx they will be paid the ANUM rate for that period. (b) During the shift the Enrolled Nurse must have access to a Registered Nurse. (c) In a high care residential aged care xxxx, an Enrolled Nurse can only be appointed to replace an ANUM as in charge where a Registered Nurse is not available to be rostered in charge. 35.3 Entitlement to higher duties payment for certain Deputy and Principal roles 35.4 Entitlement to higher duties payment for ANUM/AMUM acting as NUM/MUM 35.5 Entitlement to higher duties payment for Registered Nurse or Registered Midwife acting as ANUM/AMUM 35.6 Entitlement to higher duties payment for Registered Nurse or Registered Midwife acting as NUM/MUM (a) An Employee who is not an ANUM or AMUM should only be in charge of a xxxx or unit in exceptional circumstances. (b) A Registered Nurse or Registered Midwife who is not an ANUM or AMUM, who is required to act in charge of a xxxx or unit during an off duty period of a NUM/MUM, will be paid at the Nurse Manager grade applicable to the substantive position (be it NM 2, NM 3 or NM 4) for the entire shift unless: (i) in the case of a 24 hour a day, seven day per week Xxxx or Unit that is compliant with subclause 90.2(a)(i); (ii) the ANUM/AMUM in whose place the Registered Nurse or Registered Midwife acts, is on any form of leave; orand (iii) is accountable for a reasonable period where all outcomes delivered while acting in the vacancy arises directly from higher position for the termination of employment of an ANUM/AMUM while a replacement ANUM/AMUM entire duration. The actual Level (B, C or D) or annualised salary amount is being recruitedsubject to the relevant Manager’s or Director’s discretion and approval, in which case a Registered Nurse or Registered Midwife based on the employee’s experience, skills and knowledge. (e) Higher duties will be paid at when the minimum rate applicable to relieving employee is on leave and on Public Holidays which occur during the ANUM/AMUM position which would normally be in charge on that shiftspecified period of higher duties.

Appears in 1 contract

Samples: Enterprise Agreement

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