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(a) <strong>the</strong> rate <strong>of</strong> payment will be as set out in clause 9;<br />

(b)<br />

<strong>the</strong> entitlement to maintenance <strong>of</strong> income payments under this sub-clause:<br />

i. will not exceed six months leave credits;<br />

ii.<br />

will not apply to uncertificated absences;<br />

(c)<br />

(d)<br />

<strong>the</strong> period for which maintenance <strong>of</strong> income payments are paid under clause 10 will be<br />

extended by <strong>the</strong> period or periods for which payments are made under this sub-clause;<br />

access to personal leave credits is available only during <strong>the</strong> period <strong>of</strong> income<br />

maintenance.<br />

14. Compensation for Losses etc<br />

An Employee who is eligible for <strong>the</strong> payment <strong>of</strong> maintenance <strong>of</strong> income is entitled to receive<br />

compensation for all o<strong>the</strong>r identifiable <strong>and</strong> quantifiable disabilities, losses <strong>and</strong> expenses experienced<br />

or incurred by reason <strong>of</strong> his or her transfer or termination <strong>of</strong> employment which in <strong>the</strong> opinion <strong>of</strong><br />

<strong>the</strong> Commissioner were brought about by <strong>the</strong> termination <strong>of</strong> employment or transfer.<br />

15. Rights <strong>of</strong> Appeal<br />

15.1 A surplus Employee will have <strong>the</strong> right <strong>of</strong> appeal to <strong>the</strong> Commissioner against any<br />

administrative decision made in relation to his or her eligibility for benefits under <strong>the</strong>se<br />

provisions or in relation to <strong>the</strong> amount <strong>of</strong> those benefits.<br />

15.2 The appeal is to be referred to an independent committee which must report its findings to<br />

<strong>the</strong> Commissioner <strong>and</strong> provide a recommendation for appropriate action.<br />

15.3 This entitlement does not affect <strong>the</strong> Employee’s rights under <strong>the</strong> FW Act.<br />

16. Substitution or O<strong>the</strong>r Provisions<br />

Where <strong>the</strong> Commissioner <strong>and</strong> <strong>the</strong> Employee (<strong>and</strong> where requested by <strong>the</strong> Employee, <strong>the</strong> Union)<br />

agree, provisions may be applied to an Employee which are in addition to, or in substitution for, any<br />

or all <strong>of</strong> <strong>the</strong> provisions prescribed in this Schedule.<br />

17. Exemption<br />

These provisions do not apply to those term or contract Employees employed under section 34 <strong>of</strong><br />

<strong>the</strong> PSEM Act, unless o<strong>the</strong>rwise agreed between <strong>the</strong> Commissioner <strong>and</strong> <strong>the</strong> Union.<br />

97<br />

NTPS NURSES AND MIDWIVES’ 2011-2014 Enterprise Agreement

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