CROWN EMPLOYEES (MEDICAL SPECIALISTS, VARIOUS AGENCIES) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Australian
Salaried Medical Officers' Federation (New South Wales), industrial
organisation of employees.
(No. IRC 3861 of 2004)
|
Before The Honourable
Justice Boland
|
30 June 2005
|
AWARD
PART A
Arrangement
Clause No. Subject Matter
1. Title
2. Parties
3. Other
Conditions of Employment
4. Definitions
5. Salaries
and Progression
6. Salary
Sacrifice for Superannuation
7. Grievance
and Dispute Resolution Procedures
8. Anti-Discrimination
9. Employment
Arrangements
10. Training,
Conference, Education & Study Leave
11. Deduction
of Union Membership Fees
12. Recreation
Leave
13. Personal/Carer’s
Leave
14. No Extra
Claims
15. Area,
Incidence and Duration
Schedule 1 -
Recognised Australasian Specialist Colleges
PART B
MONETARY RATES
Table 1 - Salaries
PART A
1. Title
This Award shall be known as the Crown Employees (Medical Specialists,
Various Agencies) Award.
2. Parties
This Award is made between the Public Employment Office, the
WorkCover Authority of New South Wales, the New South Wales Attorney-General’s
Department and the Australian Salaried Medical Officers’ Federation (New South
Wales).
3. Other Conditions
of Employment
3.1 Where this
Award is silent, the provisions of the Crown Employees (Public Service
Conditions of Employment) Award 2002, as amended from time to time, will apply.
3.2 Where there is
any inconsistency between this Award and the Crown Employees (Public Service
Conditions of Employment) Award 2002, this Award, as amended from time to time,
will apply.
4. Definitions
"Award" means - the Crown Employees (Medical
Specialists, Various Agencies) Award 2005.
"Employer" means: -
(a) The WorkCover
Authority of New South Wales (also known as WorkCover) and the Public
Employment Office (PEO). These employers cover the Senior Medical Officers
currently employed or who will be employed in future by WorkCover.
(b) The
Attorney-General’s Department and the PEO. These employers cover those Senior
Medical Officers currently employed or who will be employed in the future by
the Attorney-General’s Department.
"Entitlements" means - entitlements under this
Award.
"Federation" means - the Australian Salaried
Medical Officers’ Federation (New South Wales).
"Salary Scale" means - the rates set out in Table
1 - Salaries, of Part B, Monetary Rates.
"Senior Medical Officer" means - Specialist,
Senior Specialist and Senior Specialist (Managerial) as defined in this clause.
"Specialist" means - a person appointed to a
position of Specialist by an Employer. To be eligible for appointment a
specialist must be a person who -
(a) holds a
medical qualification that is registrable in New South Wales; and,
(b) after full
registration has spent not less than five years in the practice of medicine in
New South Wales in the Health System or in any other institution, whether in
New South Wales or elsewhere, deemed by the employer to be of equivalent
standing; and,
(c) inclusive
within the period described in (b) above has spent not less than three years in
supervised specialist training and/or experience; and,
(d) has obtained a
Fellowship of a recognised Australasian Specialist College (see Schedule 1 for
list of Recognised Australasian Specialist Colleges); or
(i) has proof of
recognition as a specialist by the Specialist Recognition Advisory Committee;
or
(ii) has
conditional registration with the NSW Medical Board as an overseas-trained
specialist (not including conditional registration as a general practitioner);
or
(iii) does not have
a qualification recognised under (i), (ii) or (iii) above but has obtained an
appropriate higher qualification in his/her speciality acceptable to the
Employer following consultation with the Federation. The decision to employ or
appoint a person in terms of this subclause will rest with the employer.
(e) Any decision
made by the Employer in determining whether any person is eligible to be
appointed as a specialist shall not contravene any applicable provision of the Anti-Discrimination
Act 1977.
"Senior Specialist" means - a person who:
(a) has been
employed by an Employer on the maximum salary provided by this Award or the
Award for a Specialist for a period of at least three years; and/or
(b) has gained
such experience and attained such ability in his/her specialty which is
acceptable to the Employer after consideration by the Medical Appointments
Advisory Committee of the employer to justify appointment to the
classification; and
(c) is appointed
to a position having such duties and responsibilities as are deemed by the
Employer to require the services of a Senior Specialist.
"Senior Specialist (Managerial)" means - a Senior
Specialist who holds a managerial position.
5. Salaries and
Progression
5.1 Salary Rates -
All Senior Medical Officers covered by this Award will be paid the Base Salary,
the Special Allowance and the Private Practice Allowance referred to in Table 1
- Salaries, of Part B, Monetary Rates.
5.2 The salaries
prescribed in Table 1 - Salaries, of Part B, Monetary Rates, reflect increases
to the salaries paid under the Crown Employees (Medical Specialists, Various Agencies)
Award 2004 of:
(a) 4% to salaries
payable with effect from the first pay period to commence on or after 1 July
2004; and
(b) a further 4%
to salaries paid under paragraph (a) of this subclause, which are payable with effect
from the first pay period to commence on or after 1 July 2005; and
(c) a further 4%
to salaries paid under paragraph (b) of this subclause, which are payable with
effect from the first pay period to commence on or after 1 July 2006.
5.3 The salary
increases referred to in paragraphs (a) to (c) of subclause 5.2 of this clause,
insofar as they apply from the first full pay period on or after 1 July 2004,
shall only be paid to those employees who are employed as at the date of the
making of this award.
5.4 Progression by
Increment - Senior Medical Officers will progress to the next salary level on
the anniversary date of their appointment as a Senior Medical Officer.
5.5 Progression by
Accelerated Progression - Having regard to WorkCover’s Performance Development
System, WorkCover may consider accelerated progression of a Senior Medical
Officer where that Senior Medical Officer’s immediate supervisor and Branch
Manager support such progression. The General Manager, OHS Division of
WorkCover will determine the appropriate rate of pay.
5.6 Payment of
Overtime - Additional compensation for overtime and on-call or recall duty is
not payable under this Award.
5.7 Higher Duties
Allowance -
(a) Where an
opportunity to relieve in the Occupational Medicine Unit’s Manager’s (Senior
Specialist - Managerial) or equivalent position arises, WorkCover’s policy on
filling temporary vacancies will apply.
(b) Senior Medical
Officers who act in the position of Senior Specialist (Managerial) will be
entitled to an allowance equivalent to a percentage difference, as defined by
WorkCover, between the Senior Medical Officer’s substantive salary and the
Senior Specialist (Managerial) salary.
5.8 Superannuable
Salary - Superannuation will be calculated by reference to the total of Base
Salary, Special Allowance and Private Practice Allowance as referred to in
Table 1 - Salaries.
6. Salary Sacrifice
to Superannuation
6.1 A Senior
Medical Officer may elect to sacrifice a portion of the salary payable in Part
B, Table 1 - Salaries to additional employer superannuation contributions. Such election must be made prior to the
commencement of the period of service to which the earnings relate. The amount
sacrificed must not exceed fifty (50) percent of the salary payable or fifty
(50) percent of the currently applicable superannuable salary, whichever is the
lesser. In this clause, "superannuable salary" means the Senior
Medical Officer’s salary as notified from time to time to the New South Wales
public sector superannuation trustee corporations.
6.2 Where the
Senior Medical Officer has elected to sacrifice a portion of that payable
salary to additional employer superannuation contributions:
(a) subject to
Australian Taxation law, the sacrifice portion of salary will reduce the salary
subject to appropriate PAYE taxation deductions by the amount of that
sacrificed portion: and
(b) any
allowances, penalty rate, payment for unused leave entitlements, weekly
worker’s compensation or other payment, other than any payments for leave taken
in service, to which a Senior Medical Officer is entitled under this Award or
any applicable Award, Act or statute which is expressed to be determined by
reference to any Senior Medical Officer’s salary, shall be calculated by
reference to the salary which would have applied to the Senior Medical Officer
under Part B, Table 1 - Salaries of this Award in the absence of any salary
sacrifice to superannuation made under this Award.
6.3 The Senior Medical
Officer may elect to have the portion of payable salary which is sacrificed to
additional employer superannuation contributions:
(a) paid into the
superannuation scheme established under the First State Superannuation Act
1992 as optional employer contributions: or
(b) subject to the
Department’s or agency’s agreement, paid into a private sector complying
superannuation scheme as employer superannuation contributions.
6.4 Where a Senior
Medical Officer elects to salary sacrifice in terms of clause 6.3 above, the
Department or agency will pay the sacrificed amount into the relevant
superannuation fund.
6.5 Where the
Senior Medical Officer is a member of a superannuation scheme established
under:
(a) the Police
Regulation (Superannuation) Act 1906;
(b) the Superannuation
Act 1916;
(c) the State
Authorities Superannuation Act 1987;
(d) the State
Authorities Non-contributory Superannuation Act 1987; or
(e) the First
State Superannuation Act 1992
the Senior Medical Officer’s Department or agency must
ensure that the amount of any additional employer superannuation contributions
as specified in clause 6.1 is included in the Senior Medical Officers’
superannuable salary which is notified to the New South Wales public sector
superannuation trustee corporations.
6.6 Where, prior
to electing to sacrifice a portion of his/her salary to superannuation, a
Senior Medical Officer had entered into an agreement with his/her Department or
agency to have superannuation contributions made to a superannuation fund other
than a fund established under legislation listed in the sub-clause above, the
Department or agency will continue to base contributions to that fund on the
salary payable under clause 5.1 to the same extent as applied before the Senior
Medical Officer sacrificed portion of that salary to superannuation. This
clause applied even though the superannuation contributions made by the
Department or agency may be in excess of superannuation guarantee requirements
after the salary sacrifice is implemented.
7. Grievance and
Dispute Resolution
7.1 All grievances
and disputes relating to the provisions of this Award shall initially be dealt
with as close to the source as possible, with graduated steps for further
attempts at resolution at higher levels of authority within the appropriate
department, if required.
7.2 A staff member
is required to notify in writing their immediate manager, as to the substance
of the grievance, dispute or difficulty, request a meeting to discuss the matter,
and if possible, state the remedy sought.
7.3 Where the
grievance or dispute involves confidential or other sensitive material
(including issues of harassment or discrimination under the Anti
Discrimination Act 1977) that makes it impractical for the Senior Medical
Officer to advise their immediate manager the notification may occur to the
next appropriate level of management, including where required, to the
Department Head or delegate.
7.4 The immediate
manager shall convene a meeting in order to resolve the grievance, dispute or
difficulty within two (2) working days, or as soon as practicable, of the
matter being brought to attention.
7.5 If the matter
remains unresolved with the immediate manager, the staff member may request to
meet the appropriate person at the next level of management in order to resolve
the matter. This manager shall respond within two (2) working days, or as soon
as practicable. The staff member may pursue the sequence of reference to
successive levels of management until the matter is referred to the Department
Head.
7.6 The Department
Head may refer the matter to the PEO for consideration.
7.7 If the matter
remains unresolved, the Department Head shall provide a written response to the
staff member and any other party involved in the grievance, dispute or
difficulty, concerning action to be taken, or the reason for not taking action,
in relation to the matter.
7.8 A staff
member, at any stage, may request to be represented by their union.
7.9 Any of the
parties may refer the matter to the New South Wales Industrial Relations
Commission if the matter is unresolved following the use of these procedures.
7.10 The staff
member, union, department and PEO shall agree to be bound by any order or
determination by the New South Wales Industrial Relations Commission in
relation to the dispute.
7.11 Whilst the
procedures outlined in clauses 7.1 to 7.10 of this clause are being followed,
normal work undertaken prior to notification of the dispute or difficulty shall
continue unless otherwise agreed between the parties, or, in the case involving
occupational health and safety, if practicable, normal work shall proceed in a
manner which avoids any risk to the health and safety of any staff member or
member of the public.
8. Anti
Discrimination
8.1 It is the
intention of the parties bound by this Award to seek to achieve the object in
section 3(f) of the Industrial Relations Act 1996 to prevent and
eliminate discrimination in the workplace. This includes discrimination on the
grounds of race, sex, marital status, disability, homosexuality, transgender
identity, age and responsibilities as a carer.
8.2 It follows
that in fulfilling their obligations under the dispute resolution procedure
prescribed by this Award the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this Award are not
directly or indirectly discriminatory in their effects. It will be consistent
with the fulfilment of these obligations for the parties to make application to
vary any provision of the Award which, by its terms or operation, has a direct
or indirect discriminatory effect.
8.3 Under the Anti-Discrimination
Act 1977, it is unlawful to victimise an employee because the employee has
made or may make or has been involved in a complaint of unlawful discrimination
or harassment.
8.4 Nothing in
this clause is to be taken to affect:
(a) any conduct or
act which is specifically exempted from anti‑ discrimination legislation;
(b) offering or providing
junior rates of pay to persons under 21 years of age;
(c) any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination Act 1977;
(d) a party to
this Award from pursuing matters of unlawful discrimination in any State or
federal jurisdiction.
8.5 This clause
does not create legal rights or obligations in addition to those imposed upon
the parties by the legislation referred to in this clause.
(a) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(b) Section 56(d)
of the Anti-Discrimination Act 1977 provides:
"Nothing in the Act affects any other act or
practice of a body established to propagate religion that conforms to the
doctrines of that religion or is necessary to avoid injury to the religious
susceptibilities of the adherents of that religion."
9. Employment
Arrangements
9.1 Hours - Normal
working hours are 35 per week, Monday to Friday.
9.2 Flexible
Working Hours - Senior Medical Officers covered by this Award are eligible to
work Flexible Working Hours as prescribed by the Crown Employees (Public
Service Conditions of Employment) Award 2002.
9.3 Patient Fees
or Charges - A Senior Medical Officer, who charges patients or clients as part
of their normal duties, is required to transfer all monies received from those
patients or clients to the employer.
9.4 Part-time Work
- The provision for part-time work as prescribed by the Crown Employees (Public
Service Conditions of Employment) Award 2002 will apply to Senior Medical
Officers employed under this Award.
9.5 Private
Practice - Senior Medical Officers may engage in private practice outside
normal working hours. Private practice is to be considered as second or other employment
and the employees are to obtain permission from their employer pursuant to
section 59 of the Public Sector Employment and Management Act 2002.
10. Training,
Conference, Education and Study Leave
10.1 The parties
agree that the employer has a responsibility to ensure that Senior Medical
Officers have appropriate and equitable access to Training, Conference,
Education and Study Leave and that the employer will facilitate the taking of
this leave. The Training, Conference, Education and Study Leave must be
relevant to the Employer and must contribute to the skills base, knowledge and
career enhancement of the Senior Medical Officer. Equally, the Senior Medical
Officers have the responsibility to identify the relevant training, conference,
education and study necessary to contribute to the skills base, knowledge and
career enhancement of Senior Medical Officers. Further, Senior Medical Officers
have the obligation to use that skill or knowledge acquired when required by
the employer.
10.2 Entitlements -
Senior Medical Officers are entitled to 18 working days per year or the pro
rata proportion if working part-time, fully cumulative, for training,
conference, education and study leave. Senior Medical Officers are entitled to
full salary and allowances referred to in Table 1 - Salaries, of Part B,
Monetary Rates, while on training, conference, education and study leave.
10.3 In relation to
the 18 working days leave -
(i) Five working
days may be taken within Australia. Where the five working days are not
utilised in any year, the balance is fully cumulative. However, no more than
ten working days of such leave may be taken in any one year.
(ii) Thirteen
working days of the training, conference, education and study leave entitlement
may be taken either within or outside Australia. Where the thirteen working
days are not utilised in any year, the balance is fully cumulative.
10.4 Travel
Allowances -
(a) Senior Medical
Officers are entitled to reasonable costs before, during and after any period
of training, conference, education and study leave. Reasonable costs include
expenses for weekends and public holidays and registration fees.
(b) Senior Medical
Officers are entitled to the Australian and Overseas Travelling Allowances
specified by Premier’s Department for Chief Executive and Senior Executive
Service Officers on an equivalent remuneration package, as varied from time to
time. In the case of Senior Medical Officers employed by WorkCover, the daily
allowance is the Department Head Rate Category.
10.5 Air fares and
Class of Air Travel - Senior Medical Officers are entitled to an annual
allocation of funds for air fares, fully cumulative from year to year, based on
the following:
(a) the equivalent
of 3/5 of a QANTAS Business Class around-the-world air fare (based on a fare
valued at 30 April every year); and
(b) the equivalent
of one QANTAS Business Class Sydney to Perth return air fare (based on a fare
valued at 30 April every year).
These funds may be used to purchase any number of air
fares for the employee, at any class, provided that the liability of the
employer for funding these air fares is limited to the amount specified in this
subclause. Any expenditure for air fares in excess of this liability is the
responsibility of the Senior Medical Officer.
10.6 Personal Travel
Insurance - Personal travel insurance will be arranged by the employer at the
employer’s expense.
10.7 Air Travel
Bookings and Ticketing - Senior Medical Officers must use the State Government-appointed
contractor for travel and related services.
10.8 Entitlement on
Retirement, Resignation or Dismissal - Senior Medical Officers have no
entitlement to any provisions in this clause on retirement, resignation or
dismissal.
11. Deduction of
Union Membership Fees
11.1 The union shall
provide the employer with a schedule setting out union fortnightly membership
fees payable by members of the union in accordance with the union's rules.
11.2 The union shall
advise the employer of any change to the amount of fortnightly membership fees
made under its rules. Any variation to the schedule of union fortnightly
membership fees payable shall be provided to the employer at least one month in
advance of the variation taking effect.
11.3 Subject to (i)
and (ii) above, the employer shall deduct union fortnightly membership fees
from the pay of any employee who is a member of the union in accordance with
the union's rules, provided that the employee has authorised the employer to
make such deductions.
11.4 Monies so
deducted from employee's pay shall be forwarded regularly to the union together
with all necessary information to enable the union to reconcile and credit
subscriptions to employees' union membership accounts.
11.5 Unless other
arrangements are agreed to by the employer and the union, all union membership
fees shall be deducted on a fortnightly basis.
11.6 Where an
employee has already authorised the deduction of union membership fees from his
or her pay prior to this clause taking effect, nothing in this clause shall be
read as requiring the employee to make a fresh authorisation in order for such
deductions to continue.
12. Recreation Leave
The recreation leave provisions of the Crown Employees
(Public Service Conditions of Employment) Award 2002, as amended from time to
time, apply to Senior Medical Officers covered by this Award.
(a) Senior Medical
Officers accrue recreation leave at the rate of 20 working days per year.
(b) Part-time
Senior Medical Officers accrue recreation leave on a pro rata basis.
13. Personal/Carer’s
Leave
The provisions of the Crown Employees (Public Service
Conditions of Employment) Award 2002, as amended from time to time, shall
apply.
14. No Extra Claims
14.1 The salary and allowance
increases provided for in this Award are in full and final recognition of:
the changes to the value of work up to and including
the date of the making of this Award;
cost of living changes during the life of this Award;
and
productivity and efficiency improvements, special case
considerations and attraction and retention issues up to and including the date
of the making of this Award.
14.2 There shall be
no further salary claims made during the term of this Award that is 1 July 2004
until 30 June 2007.
15. Area, Incidence
and Duration
15.1 This Award
shall apply to all classifications contained herein.
15.2 This Award
rescinds and replaces the Crown Employees (Medical Specialists, Various
Agencies) Award published on 17 September 2004 (346 I.G. 420) and all
variations thereof.
15.3 This Award is
made on 30 June 2005and shall take effect on and from 30 June 2005 and shall
remain in force until 30 June 2007.
Schedule 1
RECOGNISED
AUSTRALASIAN SPECIALIST COLLEGES
Australasian College for Emergency Medicine
Australasian College of Dermatologists
Australian and New Zealand College of Anaesthetists
Joint Faculty of Intensive Care Medicine
Faculty of Pain Medicine
Royal Australian College of General Practitioners
Royal Australasian College of Medical Administrators
Royal Australasian College of Physicians
Australasian Chapter of Palliative Medicine
Australasian Chapter of Community and Child Health
Australasian Chapter of Addiction Medicine
Joint Faculty of Intensive Care Medicine
Australasian Faculty of Public Health Medicine
Australasian Faculty of Rehabilitation Medicine
Australasian Faculty of Occupational Medicine
Royal Australasian College of Surgeons
Royal Australian and New Zealand College of Psychiatrists
Royal Australian and New Zealand College of Radiologists
Faculty of Radiation Oncology
Royal Australian College of Ophthalmologists
Royal College of Pathologists of Australasia
PART B
MONETARY RATES*
Effective from the first pay period commencing on or after 1
July 2004
|
Medical Specialists
|
1.7.03
|
1.7.04
|
1.7.05
|
1.7.06
|
|
|
Per annum
|
Per annum
|
Per annum
|
Per annum
|
|
|
$
|
+4%
|
+4%
|
+4%
|
|
1st year
|
|
4%
|
4%
|
4%
|
|
Base
|
101,257
|
105,307
|
109,519
|
113,900
|
|
Special Allowance
|
17,619
|
18,324
|
19,057
|
19,819
|
|
Private practice allowance
|
23,775
|
24,726
|
25,715
|
26,744
|
|
Total
|
142,651
|
148,357
|
154,291
|
160,463
|
|
|
|
|
|
|
|
2nd year
|
|
|
|
|
|
Base
|
107,179
|
111,466
|
115,925
|
120,562
|
|
Special Allowance
|
18,649
|
19,395
|
20,171
|
20,978
|
|
Private practice allowance
|
25,166
|
26,173
|
27,220
|
28,309
|
|
Total
|
150,994
|
157,034
|
163,315
|
169,848
|
|
3rd year
|
|
|
|
|
|
Base
|
113,092
|
117,616
|
122,321
|
127,214
|
|
Special Allowance
|
19,678
|
20,465
|
21,284
|
22,135
|
|
Private practice allowance
|
26,554
|
27,616
|
28,721
|
29,870
|
|
Total
|
159,324
|
165,697
|
172,325
|
179,218
|
|
|
|
|
|
|
|
4th year
|
|
|
|
|
|
Base
|
119,030
|
123,791
|
128,743
|
133,893
|
|
Special Allowance
|
20,711
|
21,539
|
22,401
|
23,297
|
|
Private practice allowance
|
27,948
|
29,066
|
30,229
|
31,438
|
|
Total
|
167,689
|
174,397
|
181,373
|
188,628
|
|
|
|
|
|
|
|
5th year
|
|
|
|
|
|
Base
|
124,951
|
129,949
|
135,147
|
140,553
|
|
Special Allowance
|
21,741
|
22,611
|
23,515
|
24,456
|
|
Private practice allowance
|
29,339
|
30,513
|
31,734
|
33,003
|
|
Total
|
176,031
|
183,072
|
190,395
|
198,011
|
|
|
|
|
|
|
|
Senior Specialist (3+ years on 5th year)
|
|
|
|
|
|
Base
|
136,800
|
142,272
|
147,963
|
153,882
|
|
Special Allowance
|
23,803
|
24,755
|
25,745
|
26,775
|
|
Private practice allowance
|
32,121
|
33,406
|
34,742
|
36,132
|
|
Total
|
192,724
|
200,433
|
208,450
|
216,788
|
* Special Allowance and Private Practice Allowance are to be
calculated in accordance with the following formula and rounded to the nearest
dollar. Any salary increases are to be
applied to the Base Rate before the Special Allowance and Private Practice
Allowance are calculated.
Special Allowance:
Private Practice Allowance:
|
(Base salary +
Special Allowance)
|
x
|
20
|
|
100
|
|
|
R. P. BOLAND J.
____________________
Printed by
the authority of the Industrial Registrar.