New South Wales Consolidated Regulations New South Wales Consolidated RegulationsThis contract of employment is made
on theday of20
Between
THE GOVERNMENT OF NEW SOUTH WALES
and
[Insert full name] (the "Health Executive")
This contract of employment is between the Health Executive and the Government of New South Wales.
The employment of the Health Executive under this contract commences on [insert date].
In this contract:
"
"Employer" " of the Health Executive means the person who, in accordance with
section 116 of the Health Services Act 1997 , exercises the employer
functions of the Government of New South Wales in relation to the
Health Executive.
"
"the Rules" " means the Government Sector Employment (Health Service Senior
Executives) Rules 2016 made under the Government Sector Employment Act 2013 .
Terms used in this contract that are defined in the Health Services Act 1997 , the Government Sector Employment Act 2013 or the Rules have the same meanings as they have in those Acts or the Rules (as the case requires).
The Health Executive is employed in Band [specify band].
The role in the NSW Health Service assigned to the Health Executive is described in Appendix A.
The Employer may vary the description of the role to which the Health Executive is assigned at any time.
The Health Executive acknowledges that he or she may be assigned to another role in any division of the NSW Health Service, or be transferred to another government sector agency and assigned to a role, in the band in which the Health Executive is employed.
The Health Executive must perform the duties and responsibilities of the role to which the Health Executive is duly assigned.
The Health Executive agrees to perform the duties and responsibilities of the assigned role in accordance with the government sector core values under section 7 of the Government Sector Employment Act 2013 .
The Health Executive's employment is subject to a
probation period of [insert number of months--not exceeding 3 months].
[OR]
The Health Executive's employment is not subject to a probation period.
The employment of the Health Executive under this
contract is ongoing employment (that is, employment that continues until the
Health Executive resigns or the Health Executive's employment is terminated).
[OR]
The employment of the Health Executive under this contract is, unless the
Health Executive sooner resigns or the Health Executive's employment is sooner
terminated, for the period ending on [specify date]. The period of employment
may be extended by the Employer.
The Health Executive is required to enter into an annual performance agreement with the Employer setting out the performance obligations of the Executive, and reviews of performance, for the year. The performance agreement continues until a new agreement is signed.
The Health Executive agrees to participate in periodic capability-based assessments.
The Health Executive agrees to the use of these assessments for workforce planning purposes.
Note:: The total remuneration package is for full-time work. Under the Rules, pro-rata remuneration is payable for part-time work.
The total remuneration package (comprising monetary remuneration and employment benefits) of the Health Executive is specified in Appendix B.
The Health Executive may elect from time to time to allocate the total remuneration package as between monetary remuneration and employment benefits in accordance with the Health Services Act 1997 .
The Health Executive is entitled to such allowances as may be determined by the Health Secretary under the Health Services Act 1997 .
The Employer may, subject to the Government Sector Employment Act 2013 and the Health Services Act 1997 , vary the total remuneration package of the Health Executive from time to time.
If the Health Executive meets the performance requirements under the NSW Health Service performance management system, the Health Executive's total remuneration package may be increased within the range of remuneration applicable to the assigned role of the Health Executive. Any such increase is at the discretion of the Employer and is not an entitlement.
This clause does not limit the Employer's power to increase or reduce the Health Executive's total remuneration package in accordance with the Government Sector Employment Act 2013 or the Health Services Act 1997 .
The Health Executive must work the hours necessary to perform the duties and responsibilities of the Health Executive's role.
The Health Executive's total remuneration package compensates the Health Executive for any hours worked.
If the Employer agrees to the Health Executive undertaking work on a part-time basis, the Health Executive must work the agreed days or parts of days.
The Health Executive is entitled to the same leave entitlements that apply to Public Service senior executives under the Government Sector Employment Regulation 2014 .
The Health Executive is entitled to be absent from duty on the following days unless the executive is required to attend for duty by the Employer by a person authorised by the Employer:
- a day that is a public holiday throughout the State,
- a day (or part of a day) that is a public holiday under the Public Holidays Act 2010 in that part of the State at or from which the Health Executive is working,
- a day between Boxing Day and New Year's Day determined by the Employer.
The Health Executive may resign his or her employment by providing 4 weeks written notice to the Employer or as agreed to by the Employer.
If notice of resignation is provided, the Employer may direct the Health Executive to cease duties immediately or at some other specified time during the notice period. Any such direction does not affect the Health Executive's entitlement to receive remuneration or to accrue leave during the notice period.
The Health Executive is entitled, on the termination of employment by the Employer or the Health Secretary under section 121H of the Health Services Act 1997 , to the payment of compensation as determined by clause 41 of the Government Sector Employment Regulation 2014 .
If the Health Executive's employment is terminated with compensation, the Health Executive agrees that if the Health Executive is re-employed in the public sector (as referred to in section 121H of the Health Services Act 1997 ) within the period to which the compensation relates the Health Executive will repay the proportionate amount, as calculated in accordance with clause 41 of the Government Sector Employment Regulation 2014 , before the commencement of that re-employment. This obligation continues even though the contract of employment is terminated.
[The following provisions are mandatory to the extent that the contract must contain obligations relating to confidentiality. However, the following provisions may be substituted by a different set of obligations (that are not inconsistent with the following provisions) to suit the particular requirements of the division of the NSW Health Service concerned.]
During his or her employment, the Health Executive will not disclose, without lawful authority, any confidential or secret information acquired as a consequence of the employment.
On termination of employment the Health Executive will not, without lawful authority, disclose or make [commercial] use of any confidential or secret information acquired by the Health Executive as a consequence of his or her employment.
Subject to any written agreement to the contrary between the parties, all intellectual property developed by the Health Executive in the course of his or her employment is the sole property of the Employer.
The Health Executive agrees to act in accordance with any applicable employment policies of the Employer or the Health Secretary or any applicable direction that the Health Secretary is authorised to give under the Health Services Act 1997 in relation to the employment of the Executive.
However, those employment policies and directions do not form part of this contract and do not create any express or implied contractual rights or obligations between the Health Executive and the Employer.
This contract may only be varied in accordance with the Health Services Act 1997 and this contract.
APPENDICES
The Appendices to this contract may be substituted by the Employer.
[insert description of assigned role]
The total remuneration package of the Health Executive is [insert $ value of package], comprising [insert components of remuneration package]:
The Employer
Signed
Date
Name
[Insert job title and office]
pursuant to the Health Services Act 1997 on behalf of the Government of NSW.
The Health Executive
Signed
Date
Name in full [printed]