CROWN EMPLOYEES (HEALTH CARE COMPLAINTS COMMISSION, MEDICAL ADVISERS) AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Australian Salaried Medical Officers' Federation (New South Wales), industrial organisation of employees.

 

(No. IRC 2358 of 2005 )

 

 

AWARD

 

Arrangement

 

PART A

 

Clause No.          Subject Matter

 

1.         Title

2.         Parties

3.         Definitions

4.         Salaries and Progression

5.         Salary Sacrifice for Superannuation

6.         Employment Arrangements

7.         Leave Arrangements

8.         Personal/Carer’s Leave

9.         Deduction of Union Membership Fees

10.       Grievance and Dispute Resolution Procedures

11.       Anti-Discrimination

12.       Area, Incidence and Duration

 

PART B

 

MONETARY RATES

 

Table - Salaries

 

PART A

 

1.  Title

 

This Award shall be known as the Crown Employees (Health Care Complaints Commission, Medical Advisers) Award.

 

2.  Parties

 

This award is made between the Public Employment Office, the Health Care Complaints Commission and the Australian Salaried Medical Officers’ Federation (New South Wales).

 

3.  Definitions

 

"Award" means - the Crown Employees (Health Care Complaints Commission, Medical Advisers) Award.

 

"Department Head" means - the Commissioner of the Health Care Complaints Commission (HCCC).

 

"Public Employment Office" or "PEO" means - the Public Employment Office established under Chapter 6 of the Public Sector Employment and Management Act 2002.

 

"Federation" or "union" means - the Australian Medical Officers’ Federation (New South Wales).

 

"Medical Adviser" means - and includes all persons employed as a Medical Advisers by the HCCC whether employed on a full time or part time basis.

 

"Agency" or "Department" means - the Health Care Complaints Commission (HCCC).

 

4.  Salaries and Progression

 

4.1        Hourly rates of pay for Medical Advisers employed by HCCC are as provided in Table 1 - Salaries, of Part B, Monetary Rates.

 

4.2        The hourly rate is payable for all time worked in accordance with clause 6.

 

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

 

4.4        Progression to a higher level is subject to 12 months satisfactory conduct, performance and attendance and the approval of the Commissioner.

 

5.  Salary Sacrifice to Superannuation

 

5.1        A Medical Adviser 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 Medical Adviser’s salary as notified from time to time to the New South Wales public sector superannuation trustee corporations.

 

5.2        Where the Medical Adviser 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 Medical Adviser is entitled under this Award or any applicable Award, Act or statute which is expressed to be determined by reference to any Medical Adviser’s salary, shall be calculated by reference to the salary which would have applied to the Medical Adviser under Part B, Table 1 - Salaries of this Award in the absence of any salary sacrifice to superannuation made under this Award.

 

5.3        The Medical Adviser 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.

 

5.4        Where a Medical Adviser elects to salary sacrifice in terms of clause 5.3 above, the Department or agency will pay the sacrificed amount into the relevant superannuation fund.

 

5.5        Where the Medical Adviser 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 Medical Adviser’s Department or agency must ensure that the amount of any additional employer superannuation contributions as specified in clause 5.1 is included in the Medical Advisers’ superannuable salary which is notified to the New South Wales public sector superannuation trustee corporations.

 

5.6        Where, prior to electing to sacrifice a portion of his/her salary to superannuation, a Medical Adviser 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 Medical Adviser 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.

 

6.  Employment Arrangements

 

6.1        A standard day is 7 hours per day.

 

6.2        Generally Medical Advisers may work their agreed hours between the hours of 7.00 am and 6.00 pm Monday to Friday. In exceptions, work may be performed outside these hours, but will be remunerated at the hourly rate.

 

6.3        Medical Advisers, in agreement with the Commissioner, may nominate the commencing and concluding times of their agreed hours.

 

6.4        A lunch break of at least 30 minutes is to be taken after 5 hours continuous work.

 

6.5        Part-time Work - The provision for part-time work as prescribed by the Flexible Work Practices Policy will apply to Medical Advisers employed under this award.

 

6.6        Private Practice - Medical Advisers may engage in private practice outside their agreed working hours. For Medical Advisers working full time 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.

 

6.7        In accordance with the HCCC’s Code of Conduct, there shall be no conflict or incompatibility between personal interests and the impartial fulfilment of public or professional duty. Any private work with or for any person or body with an interest in a proposed or current contract with the HCCC must be disclosed to the Commissioner.

 

7.  Leave Arrangements

 

The leave provisions of the Crown Employees (Public Service Conditions of Employment) Award 2002, as amended from time to time, apply to Medical Advisers covered by this award.

 

7.1        Medical Advisers will be paid for public holidays or leave taken on days specified as their agreed day of work or a day when they are requested to work.

 

7.2        Part-time Medical Advisers accrue recreation leave on a pro rata basis.

 

7.3        A loading of 1/12th of the hourly rate will apply to payment for additional hours worked in excess of the normal weekly agreed hours.

 

8.  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.

 

9.  Deduction of Union Membership Fees

 

9.1        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.

 

9.2        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.

 

9.3        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.

 

9.4        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.

 

9.5        Unless other arrangements are agreed to by the employer and the union, all union membership fees shall be deducted on a fortnightly basis.

 

9.6        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.

 

10.  Grievance and Dispute Resolution

 

10.1      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.

 

10.2      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.

 

10.3      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 Medical Adviser 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.

 

10.4      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.

 

10.5      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.

 

10.6      The Department Head may refer the matter to the PEO for consideration.

 

10.7      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.

 

10.8      A staff member, at any stage, may request to be represented by their union.

 

10.9      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.

 

10.10    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.

 

10.11    Whilst the procedures outlined in clauses 10.1 to 10.10 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.

 

11.  Anti Discrimination

 

11.1      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.

 

11.2      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.

 

11.3      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.

 

11.4      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.

 

11.5      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."

 

12.  Area, Incidence and Duration

 

13.1      This award shall apply to all classifications contained herein.

 

13.2      The employees covered by this award are employed in terms of the Public Sector Employment & Management Act 2002, and to the extent that this award is silent, will be covered by the provisions of that Act and associated Regulations and the Crown Employees (Public Service Conditions of Employment) Award 2002 published 21 March 2003 (338 IG 837) as varied.

 

13.3      This award shall take effect on and from 24 May 2005and shall remain in force for 12 months.

 

PART B

 

Monetary Rates

 

Table 1 - Salaries

 

Medical Adviser	First pay period to commence on	First pay period to commence on
	or after 1 October 2003	or after 1 October 2004
	$ per hour	$ per hour
Level 1	80.23	83.44
Level 2	86.17	89.61
Level 3	92.10	95.78

 

 

 

M. SCHMIDT  J.

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.