Crown Employees (Medical Specialists, Various Agencies) Award 2007

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Australian Salaried Medical Officers' Federation (New South Wales), Industrial Organisation of Employees.

 

(No. IRC 269 of 2007)

 

 

AWARD

 

Arrangement

 

PART A

 

Clause No.         Subject Matter

 

1.         Title

2.         Parties

3.         Other Conditions of Employment

4.         Definitions

5.         Salaries and Progression

6.         Salary Packaging Arrangements, including Salary Sacrifice to 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 2007.

 

2.  Parties

 

This Award is made between the Director of Public Employment, 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) Reviewed Award 2006, 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) Reviewed Award 2006, this Award, as amended from time to time, will apply.

 

4.  Definitions

 

"Award" means the Crown Employees (Medical Specialists, Various Agencies) Award 2007

 

"Employer" means the Attorney-General’s Department and the DPE. 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).

 

"DPE" means the Director of Public Employment, as established under the Public Sector Employment and Management Act 2002.

 

"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) or (ii) 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 2005 of 4% to salaries payable with effect from the first pay period to commence on or after 1 July 2007; and

 

5.3        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.

 

5.4        Payment of Overtime - Additional compensation for overtime and on-call or recall duty is not payable under this Award.

 

5.5        Superable 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 Packaging Arrangements, Including Salary Sacrifice to Superannuation

 

6.1        The entitlement to salary package in accordance with this clause is available to:

 

(a)        permanent full-time and part-time employees;

 

(b)        temporary employees, subject to the Department‘s convenience; and

 

(c)        casual employees, subject to the Department’s convenience, and limited to salary sacrifice to superannuation in accordance with subclause 6.7.

 

6.2        For the purposes of this clause:

 

(a)        "salary" means the salary or rate of pay prescribed for the employee's classification by clause 5, Salaries and Progression, Part B of this Award, and any other payment that can be salary packaged in accordance with Australian taxation law.

 

(b)        "post compulsory deduction salary" means the amount of salary available to be packaged after payroll deductions required by legislation or order have been taken into account. Such payroll deductions may include, but are not limited to, taxes, compulsory superannuation payments, HECS payments, child support payments, and judgement debtor/garnishee orders.

 

6.3        By mutual agreement with the Director of Public Employment (DPE), an employee may elect to package a part or all of their post compulsory deduction salary in order to obtain:

 

(a)        a benefit or benefits selected from those approved by the DPE; and

 

(b)        an amount equal to the difference between the employee’s salary, and the amount specified by the DPE for the benefit provided to or in respect of the employee in accordance with such agreement.

 

6.4        An election to salary package must be made prior to the commencement of the period of service to which the earnings relate.

 

6.5        The agreement shall be known as a Salary Packaging Agreement.

 

6.6        Except in accordance with subclause 6.7, a Salary Packaging Agreement shall be recorded in writing and shall be for a period of time as mutually agreed between the employee and the DPE at the time of signing the Salary Packaging Agreement.

 

6.7        Where an employee makes an election to sacrifice a part or all of their post compulsory deduction salary as additional employer superannuation contributions, the employee may elect to have the amount sacrificed:

 

(a)        paid into the superannuation fund established under the First State Superannuation Act 1992; or\

 

(b)        where the employer is making compulsory employer superannuation contributions to another complying superannuation fund, paid into the same complying fund; or

 

(c)        subject to the Department’s agreement, paid into another complying superannuation fund.

 

6.8        Where the employee makes an election to salary sacrifice, the employer shall pay the amount of post compulsory deduction salary, the subject of election, to the relevant superannuation fund.

 

6.9        Where the employee makes an election to salary package and where the employee is a member of a superannuation scheme established under the:

 

(a)        Police Regulation (Superannuation) Act 1906;

 

(b)        Superannuation Act 1916;

 

(c)        State Authorities Superannuation Act 1987; or

 

(d)        State Authorities Non-contributory Superannuation Act 1987,

 

the employee’s Department must ensure that the employee’s superable salary for the purposes of the above Acts, as notified to the SAS Trustee Corporation, is calculated as if the Salary Packaging Agreement had not been entered into.

 

6.10      Where the employee makes an election to salary package, and where the employee is a member of a superannuation fund other than a fund established under legislation listed in subclause 6.9 of this clause, the employee’s Department must continue to base contributions to that fund on the salary payable as if the Salary Packaging Agreement had not been entered into.  This clause applies even though the superannuation contributions made by the Department may be in excess of superannuation guarantee requirements after the salary packaging is implemented.

 

6.11      Where the employee makes an election to salary package:

 

(a)        subject to Australian Taxation law, the amount of salary packaged will reduce the salary subject to appropriate PAYG taxation deductions by the amount packaged; and

 

(b)        any allowance, 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 an employee is entitled under this Award or any applicable Award, Act or statute which is expressed to be determined by reference to the employee’s rate of pay, shall be calculated by reference to the rate of pay which would have applied to the employee under clause 5, Salaries and Progression, or Part B of this Award if the Salary Packaging Agreement had not been entered into.

 

6.12      The DPE may vary the range and type of benefits available from time to time following discussion with the Federation.  Such variations shall apply to any existing or future Salary Packaging Agreement from date of such variation.

 

6.13      The DPE will determine from time to time the value of the benefits provided following discussion with the Federation.  Such variations shall apply to any existing or future Salary Packaging Agreement from the date of such variation.  In this circumstance, the employee may elect to terminate the Salary Packaging Agreement.

 

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 DPE 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 DPE 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) Reviewed Award 2006.

 

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) Reviewed Award 2006 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 -

 

(a)        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.

 

(b)        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. 

 

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 11.1 and 11.2 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) Reviewed Award 2006, 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) Reviewed Award 2006, 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 2007 until 30 June 2008.

 

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) (State) Award published on 23 September 2005 (354 IG 157) and all variations thereof, which remains in force until 30 June 2007.

 

15.3      This Award is made on 22 March 2007 and shall take effect on and from 1 July 2007 and shall remain in force until 30 June 2008.

 

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 Ophthamologists

 

Royal College of Pathologists of Australasia

 

PART B

 

MONETARY RATES *

 

Effective from the first pay period commencing on or after 1 July 2007

 

 

* 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:

 

Base Salary x

17.4

100

 

Private Practice Allowance:

 

(Base salary + Special Allowance) x

20

100

 

 

 

J. McLEAY, Commissioner

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.