Nswnma and Hsu Nsw Enterprise Agreement

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(b) For clas­si­fi­ca­tions working in a care facility for the elderly, an inter­rupted shift may be per­formed if there is a mutual agree­ment between the employer and the employee to work the inter­rupted shift. For nurses under this sub­sec­tion, an inter­rupted shift may be per­formed if there is a mutual written agree­ment. 7.5 The employer shall pro­vide the employee with a copy of the agree­ment and keep the agree­ment as a record of time and salary. (b) Where, in such a case, the employer and the employee agree to post­pone the leave, the employee shall be paid for the leave at the rate of pay applic­able at the time of the agree­ment and not at the rate of pay applic­able at the time of accep­tance of the leave. For such an agree­ment to be valid, it must be in writing and signed by both the employer and the employee. 7.2 The employer and the indi­vidual employee must have actu­ally entered into the agree­ment without coer­cion or coer­cion. (a) If the employer pro­vides food and accom­mo­da­tion, the min­imum wage for home care workers in Article 18 â Weekly Min­imum Wage for Home Care Per­sonnel in this Agree­ment shall be reduced by the fol­lowing amounts per week: An employee shall be granted a rest period of ten hours between the end of a period of work or an ordi­nary shift and the begin­ning of another period of work or other normal shift; except by appoint­ment where it can be 8 hours. (a) Per­ma­nent employees may make vol­un­tary con­tri­bu­tions before taxes or pay­ments through a written employee sav­ings agree­ment between the employer and the employee. The employer pays the amount of the wage sac­ri­fice in accor­dance with the wage exemp­tion agree­ment. (b) Before an employee is informed of an instruc­tion to take annual leave, the employer will attempt to meet with the employee to agree on a plan for the employee‘s annual leave.

If the employee does not con­sult with the employer or employer and the employee does not agree on the date on which the leave will be taken, the employer may request the employee to take a leave in accor­dance with clause 40.3(a). (d) These pro­vi­sions shall be read in con­junc­tion with other pro­vi­sions of the Agree­ment relating to work plan­ning and ter­mi­na­tion oblig­a­tions. © “Weekly Wage” means the average effec­tive weekly wage of the Employee in the pre­ceding twelve months from the date of ter­mi­na­tion of employ­ment and includes, in addi­tion to the reg­ular wage, all non-​​contractual pay­ments and the fol­lowing, if any, 42.5 The intent of this Agree­ment is that an Employee gen­er­ally receives 12 public hol­i­days per year: these are the eleven public hol­i­days referred to in clause 42.2 and the addi­tional leave in clause 42.4. (a) The par­ties bound by this Agree­ment acknowl­edge that this Agree­ment resolves all claims relating to the terms and con­di­tions of employ­ment of employees to whom it applies and agree that they will not make any addi­tional claims during the term of this Agree­ment. (b) the main effects include the ter­mi­na­tion of the employ­ment rela­tion­ship; sig­nif­i­cant changes in the com­po­si­tion, mode of oper­a­tion or size of the employer‘s work­force or in the qual­i­fi­ca­tions required; the elim­i­na­tion or reduc­tion of employ­ment oppor­tu­ni­ties, career oppor­tu­ni­ties or the dura­tion of employ­ment; changes in hours of work; the need to retrain or transfer workers to other jobs or loca­tions; and job restruc­turing. Pro­vided that if this Agree­ment pro­vides for a mod­i­fi­ca­tion of any of these mat­ters, a mod­i­fi­ca­tion shall not be con­sid­ered to be mate­ri­ally effec­tive. © The fol­lowing amounts shall be paid to workers who were employed at their cur­rent place of work before 8 August 1991, in addi­tion to other amounts fixed else­where in this Agree­ment, in the pre­scribed cir­cum­stances; If an employee works in the shade for more than one hour in places where the tem­per­a­ture is arti­fi­cially high and: 3.2 In this Agree­ment, unless oth­er­wise intended: 7.9 The right to enter into an agree­ment under this clause applies in addi­tion to a pro­vi­sion on an agree­ment between an employer and an indi­vidual employee con­tained in another pro­vi­sion of this Agree­ment: and should not influ­ence them oth­er­wise. (b) The elec­tion under para­graph 42.2(a) shall be made at the begin­ning of the employ­ment and there­after each year on the anniver­sary. The employee may change this choice during the year only with the con­sent of the employer. 7.6 Except as pro­vided in clause 7.4(a), the Agree­ment does not require the con­sent or con­sent of any person other than the employer and the indi­vidual employee. (b) The NES applies to employees cov­ered by this Agree­ment, unless this Agree­ment pro­vides for a higher con­di­tion or right under which this Agree­ment pre­vails to the extent that it is more favor­able than the NES.

(d) Con­tin­uous ser­vice with the same employer prior to the com­mence­ment of this Agree­ment will be taken into account in the pro­cessing of data for the pur­poses of this clause. Instead of pro­viding shoes, cardi­gans or jackets, stock­ings and socks, the employer may, in agree­ment with the employee, pay these allowances to employees at the weekly rates referred to in point 4 â Shoes, point 5 cardigan/​jacket, point 6 — bottom and point 7 — socks in Table 2. (i) Any pay­ment of a cer­tain amount of ADO must be made through a sep­a­rate written agree­ment between the employer and the employee. and (b) indi­cate any terms of this Agree­ment that the employer and the indi­vidual employee have agreed to vary; © The inclu­sion of this clause does not create a new oblig­a­tion for the employer to offer an influenza vac­cine, nor an oblig­a­tion for a worker to receive or receive the influenza vac­cine. Nor does this clause require an employer to con­tinue to offer the flu vac­cine or to reim­burse the cost of the vac­ci­na­tion if, at any time during the exe­cu­tion of this agree­ment, it elects to ter­mi­nate the supply of the flu vac­cine. (a) be in writing, name the par­ties to the agree­ment and be signed by the employer and the indi­vidual employee and, if the employee is under 18 years of age, the employee‘s parent or legal guardian; (e) indi­cate the date on which the agree­ment becomes oper­a­tional. (a) by the employer or indi­vidual employee who dis­misses the other party in writing with four weeks‘ notice and ter­mi­nates the agree­ment at the end of the notice period; or 7.7 An employer who wishes to enter into an agree­ment must submit a written pro­posal to the employee. If the employee‘s reading Eng­lish com­pre­hen­sion is lim­ited, the employer must take steps, including trans­la­tion into an appro­priate lan­guage, to ensure that the employee under­stands the proposal.

(d) explain in detail how the agree­ment results in the indi­vidual worker being better off overall in rela­tion to the working and employ­ment con­di­tions of the indi­vidual worker; and (d) the terms of the agree­ment referred to in para­graph (b) may be amended and recorded in writing by agree­ment between the employer and the employee. Wage points under each clas­si­fi­ca­tion of Clause 18 â Weekly Min­imum Wage were estab­lished to help employers under­stand how existing employees are paid under this agree­ment. This agree­ment aims to cover health­care pro­fes­sionals working in the elderly care industry, such as: Diver­sion Ther­a­pists. 11.4 If the issue is still not resolved, employees may advance the matter through the dis­pute res­o­lu­tion pro­ce­dure of Sec­tion 9. The rec­on­cil­i­a­tion of work­load man­age­ment issues can only take place by agree­ment between the employer and the employee rep­re­sen­ta­tive, to which the trade union(s) may also belong. © Pay­ments due under this clause will be made on the normal pay day if other pay­ments are made under this Agreement. .

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