Health
Employees' Conditions of Employment (State) Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(No. IRC 172 of 2012)
Before The Honourable
Mr Justice Staff
|
16 April 2012
|
REVIEWED
AWARD
1. Delete Clause
1, Arrangement of the award published 27 March 2009 (367 I.G. 787) and insert
in lieu thereof the following:
1. Arrangement
Clause No. Subject Matter
21 Accommodation
and Amenities
16 Annual
Leave
27 Anti-Discrimination
48 Area,
Incidence and Duration
1 Arrangement
7 Board and
Lodging
31 Blood Count
36 Child Care
5 Climatic
and Isolation Allowance
2 Definitions
26 Dispute
Resolution
13 Excess Fares
and Travelling Time
40 Exemptions
28 Family and
Community Services Leave and Personal/Carer’s Leave
3 Hours
47 Induction
and Orientation
32 Infectious
Cleaning
22 Inspection
of Lockers of Employees
33 Labour
Flexibility
17 Long
Service Leave
41 Maternity,
Adoption and Parental Leave
14 Meals
25 New
Classifications
30 Notice
Board
10 On Call
9 Overtime
19 Payment and
Particulars of Salary
11 Penalty
Rates for Shift Work & Weekend Work
6 Permanent
Part-Time and Part-Time Employees
24 Promotions
and Appointments
15 Public
Holidays
46 Reasonable
Hours
8 Relieving
Other Members of Staff
39 Removal
Expenses
4 Roster of
Hours
45 Salary
Packaging
44 Salary
Sacrifice to Superannuation
18 Sick Leave
12 Special
Working Conditions
42 Study Leave
38 Telephone Allowance
34 Teleworking
20 Termination
of Employment
43 Trade Union
Leave
29 Union
Representative
37 Union
Subscriptions
23 Uniforms
and Protective Clothing
35 Workforce
Review
PART B - MONETARY RATES
Table 1 - Other Rates and Allowances
2. Delete the definition
"Director-General" appearing in clause 2, Definitions, and
insert in lieu thereof the following:
"Director-General" means the Director-General
of the Ministry of Health.
3. Delete
definition of "Public Health Organisation" appearing in the said
clause 2, and insert in lieu thereof the following:
"Public Health Organisation" means an
organisation defined in section 7 of the Health Services Act, 1997 as follows:
(a) a Local Health
District
(b) a statutory
health corporation, or
(c) an affiliated
health organisation in respect of its recognised establishments and recognised
services,
and for the purposes of this Award, also includes the
Public Health System Support Division of the NSW Health Service.
4. Delete the
definition of "Union" appearing in the said clause 2, and insert in
lieu thereof the following:
"Union" means HSUeast.
5. Delete
subclause (x) in clause 9, Overtime, and insert in lieu
thereof the following:
(x) An employee
recalled to work overtime as prescribed by subclause (iv), of this clause shall
be paid all fares and expenses reasonably incurred in travelling to and from
her/his place of work.
Provided further that where an employee elects to use
her/his own mode of transport, he/she shall be paid an allowance equivalent to
the Transport Allowance as provided by Determination made under the Health
Services Act, 1997 as varied from time to time.
6. Delete
paragraph (b) of subclause (v) of clause 12, Special Working Conditions, and
insert in lieu thereof the following:
(b) Employees
regularly required to perform work on sewerage works and grease traps or other
duties considered offensive by the Ministry of Health, shall be paid an
allowance at the rate as set out in Item 15 of Table 1 per week. The allowance is not automatically adjusted
in the future.
7. Delete
paragraph (d) of subclause (viii) of the said clause 12, and insert in lieu
thereof the following:
(d) Height Money -
Employees working at a height of 7.5 metres from the ground, deck, floor or
water shall be paid as set out in Item 22 of Table 1 per hour extra. Height shall be calculated from where it is
necessary for the employee to place his/her hands or tools in order to carry
out the work to such ground, floor, deck or water. For the purpose of this subclause, deck or floor means a
substantial structure which, even though temporary, is sufficient to protect an
employee from falling any further distance.
Water level means, in tidal waters, mean water level. This subclause
shall not apply to employees working on a suitable scaffold erected in
accordance with the Work Health and Safety Act 2011.
8. Delete
subparagraph (3) of paragraph (q) of subclause (viii) of the said clause 12,
and insert in lieu thereof the following:
(3) Where there is
an absence of adequate natural ventilation, the employer shall provide
ventilation by artificial means and/or supply an approved type of respirator
and in addition protective clothing shall be supplied where recommended by the
Ministry of Health.
9. Delete
paragraph (d) of subclause (ii) of clause 13, Excess Fares and Travelling, and
insert in lieu thereof the following:
(d) Where the
employee is required to report to an alternative place of work and has the
prior approval of the employer to travel by his/her own mode of conveyance, the
employee shall be paid a kilometre allowance for kilometres travelled in excess
of the kilometres the employee normally travels between the accustomed place of
work and home. The kilometre allowance
will be as prescribed from time to time by the Crown Employees (Public Service
Conditions of Employment) Award.
10. Delete paragraph
(b) of subclause (iv) of the said clause 13, and insert in lieu thereof the
following:
(iv)
(a) The provisions of
this clause shall not apply to an employee appointed to regularly perform
relief duties or to employees specifically employed to perform duties at more
than one place of work except as provided in paragraph (b) hereunder of this
subclause.
(b) If a reliever
incurs fares in excess of $5.00* per day in travelling to and from the relief
site, the excess shall be reimbursed.
* Where a reliever, with the prior approval of the
employer, travels by his/her own mode of conveyance and incurs travelling costs
in excess of $5.00 per day to and from the relief site, such excess shall be
reimbursed. The rate applicable shall
be the kilometre allowance prescribed from time to time by the Crown Employees
(Public Service Conditions of Employment) Award, less $5.00.
11. Delete subclause
(iv) of Clause 14, Meals, and insert in lieu thereof the following:
(iv) The meals
referred to in sub-clauses (ii) and (iii) of this clause shall be allowed to
the employee free of charge. Where the
employer is unable to provide such meals an allowance as set out in Item 44 of
Table 1 of Part B shall be paid to the employee concerned. This allowance shall be varied as the rates
are varied from time to time by the Crown Employees (Public Service Conditions
of Employment) Award.
12. Delete paragraph
(b) of subclause (i) of clause 15, Public Holidays, and insert in lieu thereof
the following:
(b) For the purpose
of this clause the following shall be deemed public holidays, viz.: New Year's
Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Christmas Day,
Boxing Day, Anzac Day, Queen's Birthday, Labour Day, and any other standard
public holiday declared under Section 4 of Part 2 of the Public Holidays Act
2010.
13. Delete clause
47, No Extra Claims and renumber subsequent clauses accordingly.
14. Delete
renumbered clause 48, Area, Incidence and Duration, and insert in lieu thereof
the following:
48. Area, Incidence
and Duration
(i) This Award
rescinds and replaces the Health Employees Conditions of Employment (State) Award
published 24 February 2006 (357 IG 424) and all variations thereof.
(ii) This Award
shall apply to persons employed in classifications contained in the following
so listed awards, employed in the NSW Health Service under section 115(1) of
the Health Services Act 1997, or their successors, assignees or transmittees,
excluding the County of Yancowinna.
Health Employees’ (State) Award
Health Employees’ General Administrative Staff (State)
Award
Health Employees’ Administrative Staff (State) Award
Health Employees’ Technical (State) Award
Health Employees’ Engineers (State) Award
Health Employees’ Pharmacists (State) Award
Health Employees’ Medical Radiation Scientists (State)
Award
Health Employees’ Computer Staff (State) Award
Health Managers (State) Award
Health Employees’ Interpreters (State) Award
Public Hospital Residential Services Assistant (State)
Award
NSW Health Service Health Professionals (State) Award
in relation to Diversional Therapists and Orthotists/Prosthetists only.
(iii) The changes
made to the award pursuant to the Award Review pursuant to section 19(6) of the
Industrial Relations Act, 1996 and Principle 26 of the Principles for Review of
Awards made by the Industrial Relations Commission of NSW on 28 April 1999 (310
I.G. 359) take effect on 16 April 2012.
(iv) This award
remains in force until varied or rescinded, the period for which it was made
having already expired.
15. deleting the
amount of $25.80 appearing against Item 44 in Table 1, Other rates and Allowances
of Part B, Monetary Rates and inserting in lieu thereof the amount of $26.45.
C.G.
STAFF J
____________________
Printed by
the authority of the Industrial Registrar.