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SERIAL C5429

Public Health System Nurses' & Midwives' (State) Award

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

FULL BENCH

Application by New South Wales Nurses' Association, Industrial Organisation of Employees.

(No. IRC 6564 of 2005)

Before The Honourable Justice Wright, President	21 March 2007
The Honourable Justice Boland
Commissioner McLeay

VARIATION

1.�� Insert in clause 1 Arrangement of the award published 24 February 2006 (357 I.G. 345) after Part B Monetary Rates the following new Schedules:

Schedule 2

Schedule 3

2.�� Delete clause 13 Continuing Education Allowance and insert in lieu thereof the following:

13.� Continuing Education Allowance

(i)�� An employee employed in the classification of Registered Nurse/Midwife (years 1 to 8), Clinical Nurse/Midwifery Specialist, Nursing/Midwifery Unit Manager or Nurse/Midwifery Manager Grade 1 and Nurse/Midwifery Manager Grade 2, who holds a continuing education qualification in a clinical field, in addition to the qualification leading to registration, shall be paid a continuing education allowance, subject to the following conditions set out below:

(a)�� the allowance is only payable where the qualification is accepted by the employer to be directly relevant to the competency and skills used by the nurse/midwife in the duties of the position;

(b)�� an employee holding more than one relevant qualification is only entitled to one allowance, being the allowance of the highest monetary value;

(c)�� the employee claiming entitlement to a qualification allowance must provide evidence to the employer that they hold that qualification.

(ii)�� An employee who is employed in the classification of Nurse/Midwifery Manager Grade 3 and above who satisfies the employer that she/he is engaged in clinical work for more than 50% of her/his time shall be paid a continuing education allowance subject to the conditions set out in subclause (i) of this clause.

(iii)�� Subject to the provisions in subclauses (i) and (ii) of this clause, an employee who holds a post-registration hospital certificate listed in Schedule 2 shall be paid an allowance of an amount set out in Item 20 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates.

(iv)�� Subject to the provisions in subclauses (i) and (ii) of this clause, an employee who holds a post-graduate certificate shall be paid an allowance of an amount set out in Item 21 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates.

(v)�� Subject to the provisions in subclauses (i) and (ii) of this clause, an employee who holds a post-graduate diploma or degree (other than an undergraduate nursing degree) shall be paid an allowance of an amount set out in Item 22 of the said Table 2.

(vi)�� Subject to the provisions in subclauses (i) and (ii) of this clause, an employee who holds a masters degree or doctorate shall be paid an allowance of an amount set out in Item 23 of the said Table 2.

(vii)�� An enrolled nurse, who holds a relevant Certificate IV or equivalent continuing education qualification in a clinical field, in addition to the qualification leading to enrolment, shall be paid a continuing education allowance, subject to the following conditions set out below:

(a)�� the allowance is only payable where the qualification is accepted by the employer to be directly relevant to the competency and skills used by the enrolled nurse in the duties of the position;

(b)�� an employee holding more than one relevant qualification is only entitled to one allowance, being the allowance of the highest monetary value;

(c)�� the employee claiming entitlement to a qualification allowance must provide evidence to the employer that they hold that qualification.

(viii)�� Subject to the provisions in subclause (vii) of this clause, an enrolled nurse who holds a Certificate 4 qualification shall be paid an allowance of an amount set out in Item 24 of the said Table 2.

(ix)�� The above allowances are not to be included in the employee’s ordinary rate of pay. The allowances are payable during periods of paid leave taken by an employee.

(x)�� Where a dispute arises concerning the eligibility for payment of a Continuing Education Allowance that is not resolved by the process contained in subclauses (i) to (iv) of clause 48, Disputes, of this Award, negotiations between the NSW Health Department and the Association must occur prior to referral to the Industrial Relations Commission for determination.

3.�� Delete Items 20 - 23 inclusive from Table 2 - Other Rates and Allowances� of Part B, Monetary Rates and insert in lieu the following:

Item No.	Clause No.	Description	FFPP	FFPP	FFPP
			on or after	on or after	on or after
			01/03/2007	01/12/2007	01/09/2008
20	13(iii)	Continuing Education
		Allowance - Post-
		registration Hospital
		Certificate	15.00	22.50	30.00
21	13(iv)	Continuing Education
		Allowance - Post-graduate
		Certificate	20.00	25.00	30.00
22	13(v)	Continuing Education
		Allowance - Post-graduate
		diploma or degree	32.00	38.50	45.00
23	13(vi)	Continuing Education
		Allowance - Masters degree
		or doctorate	40.00	47.50	55.00
24	13(vii)	Continuing Education
		Allowance - Enrolled Nurse
		Certificate 4	14.00	18.00	22.50

4.�� Insert after Table 2 - Other Rates and Allowances of Part B, Monetary Rates the following the Schedules 2 and 3:

SCHEDULE 2

1.�� The following qualifications shall attract the allowance set out in subclause (iii) of clause 13, Continuing Education Allowance. In addition to the qualifications listed below, a qualification deemed to be equivalent by agreement between the Department and the Association shall attract the allowance set out in subclause (iii) of clause 13, Continuing Education Allowance.

Clinical Speciality	Course	Institution
Cardiology/Coronary	Cardio-Thoracic Diseases Nursing Certificate	Randwick Chest Hospital
Care
		Royal North Shore Hospital
		Royal Prince Alfred Hospital
		St Vincent’s Hospital,
		Darlinghurst
	Cardiology Nursing Certificate	Parramatta Hospitals, Westmead
	Cardio-Vascular and Respiratory Course	Royal Newcastle Hospital
	Cardiology Nursing Certificate	Parramatta Hospitals, Westmead
	Cardio-Vascular and Respiratory Course	Royal Newcastle Hospital
	Cardiac Nursing Course	Royal North Shore Hospital
		Royal Prince Alfred Hospital
		St Vincent’s Hospital,
		Darlinghurst
		Royal Melbourne Hospital
		National Heart and Chest
		Hospital, London
	Coronary Care Unit Certificate	Prince Henry’s Hospital
		Melbourne
	Cardio-Thoracic Vascular Nursing Course	Green Lane Hospital,
		New Zealand
	Cardiothoracic Nursing Course	Freeman Hospital, Newcastle-
		Upon-Tyne, U.K.
		Groby Road Hospital, Leicester,
		U.K.
Community Health	Public Health Nursing Diploma	College of Nursing, Australia
	Health Visitors Certificate	The Royal Sanitary Institute,
		U.K.
Critical Care	Critical Care Nursing Certificate	Prince Henry, Prince of Wales
		Hospitals
	Emergency Nursing Course	Liverpool Hospital
	Critical Care Nursing Course	Geelong Hospital
		Waikato Hospital, New Zealand
Clinical Speciality	Course	Institution
Developmental	Mental Retardation Certificate	NSW Nurses Registration Board
Disability
	Developmental Disability Certificate	NSW Nurses Registration Board
		Any Developmental disability
		certificate accepted for
		registration as a developmental
		disability nurse prior to 1985 by
		the NSW Nurses Registration
		Board in addition to the
		qualification entitling
		registration by the Nurses and
		Midwives Board.
Geriatrics	Geriatric Certificate	NSW Nurses Registration Board
Intensive Care	Intensive Care Nursing Certificate	Royal Newcastle Hospital
		Liverpool District Hospital
		Royal Prince Alfred Hospital
		St George Hospital
		St Vincent’s Hospital,
		Darlinghurst
		Northern Met Region, Health
		Dept.
		Southern Met Region, Health
		Dept
		Sydney Hospital
		RGH, Concord
		Central Coast Area Health
		Service
		Royal Hobart Hospital
		Royal Perth Hospital
		St Vincent’s, Melbourne
		Canberra Hospital
	Intensive Care Nursing and Ward Management	College of Nursing, Australia
	Diploma
		The Parramatta Hospitals,
		Westmead
		NSW College of Nursing
	Intensive Care Unit Certificate	Prince Henry’s Hospital,
		Melbourne
Mental Health	Psychiatric Certificate	NSW Nurses Registration
		Board
		Any mental health certificate
		accepted for registration as a
		mental health nurse prior to
		1985by the NSW Nurses
		Registration. Board additional
		to the qualification entitling
		registration by the Nurses
		and Midwives Board.
	Psychiatric Nursing Certificate	Metropolitan and Eastern
		School of Psychiatric Nursing,
		Victoria
		Western Area College of
		Nursing, Ireland
Mental Health (cont.)	Advanced Diploma in Nursing (Mental Health)	Christchurch Polytechnic,
		New Zealand
	Mentally Ill Qualification	Prestwick Hospital,
		Manchester, U.K.
		Southern Area Group School
		of Nursing, U.K.
	Mental Illness Nursing certificate	Bromley Health Authority,
		U.K.
Midwifery	Midwifery Certificate	NSW Nurses and Midwives
		Board
		Any midwifery certificate
		accepted for registration as a
		midwife by the Nurses and
		Midwives Board additional to
		the qualification entitling
		registration as a registered nurse.
Neurology	Neurology and Neurosurgical Nursing	Royal Prince Alfred Hospital
	Certificate
		Melbourne Hospital
	Neuromedical/Neurosurgical Nursing Course	Royal North Shore Hospital
		Prince Henry/Prince of Wales
		Hospitals
		Westmead Hospital
	Neuro-Surgical Nursing Certificate	Royal Perth Hospital
	Certificate in Neuro-Surgical and Neurological	Alkinson-Morley Hospital,
	Nursing	London
Occupational Health	Public Health Nursing (Occ, Health) Diploma	College of Nursing, Australia
Oncology	Oncology Certificate	Peter MacCallum Clinic,
		Melbourne
Operating Theatres	Operating Suite Nurse Course	Westmead Hospital
	Operating Theatre Nursing Certificate	Prince Henry, Prince of Wales
		Hospitals
		Royal North Shore Hospital
		Royal Prince Alfred Hospital
		St Vincent’s Hospital D.hurst
		Hunter Region, Health Dept
		Royal Hobart Hospital
		Kent and Canterbury
		Hospitals, U.K.
	Operating Theatre Nursing and Management	College of Nursing Australia
	Diploma
		NSW College of Nursing
	Post basic Course in Operating Room Nursing	RGH, Concord
	Graduate Certificate in Peri operative Nursing	Liverpool Hospital
Clinical Speciality	Course	Institution
Operating Theatre	Graduate Certificate in Anaesthetic and	Liverpool Hospital
(cont.)	Recovery Nursing
	Operating Room Nursing Certificate	Royal Adelaide Hospital
	Operating Room Post Basic Course	Western General Hospital,
		Melbourne
	Operating Room Technique and Management	Repatriation and General
		Hospital, Heidelberg, Victoria
	Operating Theatre Techniques and	St Vincent’s Hospital,
	Management Certificate	Melbourne
	Operating Theatre Techniques Certificate	Royal Melbourne Hospital
		South African Nursing Council
		Middlesex Hospital, U.K.
	Operating Theatre Nursing Course	Epsom District Hospital, London
		Nottingham School of Nursing,
		U.K.
	Operating Department Nursing Certificate	East Berkshire School of
		Nursing, U.K.
		Wexham Park Hospital,
		Slough, Berkshire, U.K.
		Lewisham School of Nursing,
		London
		Queen Elizabeth School of
		Nursing, Birmingham, U.K.
	Operating Department Nursing Course	English National Board for
		Continuing Education and
		Training, Hillington Health
		Authority, U.K.
Ophthalmology	Ophthalmic Nursing Certificate	Sydney Hospital
		Moorefields Hospital, London
Orthopaedics	Certificate in Orthopaedic Nursing	Royal National Orthopaedic
		Hospital, London and Stanmore,
		Middlesex
		Heathwood Hospital, Ascot,
		U.K.
	Orthopaedic Nursing Certificate	Gartnavel General Hospital,
		Glasgow, U.K.
		Nuffield Orthopaedic Centre,
		Oxford, U.K.
		Princess Elizabeth Orthopaedic
		Hospital, U.K.
		Basingstoke North Hampshire
		Health Authority, U.K.�
	Orthopaedic Nursing Course	Robert Jones and Agnes Hunt
		Orthopaedic Hospital, U.K.
Paediatrics	Infants Certificate	NSW Nurses Registration Board
	Mothercraft Certificate	NSW Nurses Registration Board
Renal	Renal Diseases and Transplantation Certificate	Prince Henry, Prince of Wales
		Hospitals
		Royal Newcastle Hospital
		Royal Prince Alfred Hospital
		Sydney Hospital
	Nephrology, Dialysis and Transplant Nursing	Royal North Shore Hospital
	Certificate
	Graduate Certificate in Renal Nursing	Liverpool Hospital
	Renal Nursing Certificate	Guys Hospital, London
		St Mary’s Hospital, London
	Renal Nursing Course	The London Hospital
Thoracic	Thoracic Nursing Certificate	The British Thoracic Association

SCHEDULE 3

1.�� The following qualifications shall attract the allowance set out in subclause (vii) of clause 13, Continuing Education Allowance. In addition to the qualifications listed below, a qualification deemed to be equivalent by agreement between the Department and the Association shall attract the allowance set out in subclause (vii) of clause 13, Continuing Education Allowance.

Clinical Speciality	Course	Institution
Paediatrics	Mothercraft Certificate	NSW Nurses and Midwives
		Board. �(In addition to the
		qualification entitling
		enrolment by the Nurses and
		Midwives Board.)

5.�� This variation shall take effect on and from 21 March 2007.

FULL BENCH

____________________

Printed by the authority of the Industrial Registrar.

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