Health
Employees' Technical (State) Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Health
Services Union, Industrial Organisation of Employees.
(No. IRC 2094 of 2008)
Before Commissioner
McLeay
|
12 November 2008
|
AWARD
PART A
Arrangement
Clause No. Subject Matter
7. Anti-Discrimination
8. Area,
Incidence and Duration
4. Conditions
of Service
1. Definitions
6. Disputes
Resolution
3. Exemptions
5. No Extra
Claims
2. Salaries
PART B
MONETARY RATES
Table 1 - Salaries
PART A
1. Definitions
Unless the context otherwise indicates or requires the
several expressions hereunder defined shall have their respective meaning
assigned to them:
"Chief Medical Photographer" means a medical photographer
who has been appointed as Chief Medical Photographer in a Medical Photography
Department of a hospital.
"Dialysis Technician" means a person employed as
such who has the Industrial Electronics Certificate of the Department of
Technical and Further Education or such other certificate or course of training
as, in the opinion of the employer, is deemed appropriate.
"Electronics Technician" means a person employed
as such who is the possessor of an Electronics and Communications Certificate of
the Department of Technical and Further Education, or who has qualifications
and/or experience deemed by the employing hospital to be equivalent and the
major portion of whose duties include the construction, adaptation, alteration,
repair and/or maintenance of electronic equipment.
"Employer" means the Director-General of the
Department of Health exercising the employer function on behalf of the New
South Wales Government (and includes a delegate of the Director-General).
"Health Service" means an Area Health Service
constituted under section 8 of the Health Services Act 1997, a Statutory
Health Corporation constituted under section 11 of that Act, and an Affiliated
Health Organisation constituted under section 13 of that Act.
"Hospital" means a public hospital as defined in
section 15 of the Health Services Act, 1997.
"Medical Photographer" means a person who is
employed as such and who has satisfactorily completed the course in photography
conducted by the Department of Technical and Further Education or who possesses
such other qualifications as deemed by the employer to be appropriate and whose
duties include taking, processing and recording all types of clinical
photographs needed for research, teaching, treatment, and/or medical
illustration.
"Perfusionist-Grade 1 (Trainee Perfusionist)" -
means a person appointed as such who holds, or is qualified to hold, an
appropriate tertiary qualification (Bachelor of Science, Bachelor of Applied
Science or equivalent qualification) and who is training in perfusion.
"Perfusionist-Grade 2 (Certified Perfusionist)" -
means a person who has obtained the qualification of Certification in Perfusion
of the Australasian Board of Cardiovascular Perfusion or having qualifications
deemed by the employer to be equivalent, who is capable of performing perfusion
duties of a complex nature including research and development tasks.
"Perfusionist-Grade 3 (In-Charge Perfusionist)" -
means a person who complies with all duties of a Trained Certified Perfusionist
but in addition manages the every day operation of the department in
conjunction with a medical officer.
"Perfusionist-Grade 4 (Director of Perfusion
Services)" - means a person appointed as such who is the most senior
Perfusionist within the Hospital and who is solely responsible for the
direction and supervision of other Perfusionists within the Hospital. Director
of Perfusion services is expected to exercise organisational, supervisory and
management skills, mature technical and clinical knowledge, judgement as it
relates to the operation and testing of equipment, to continue to develop
expertise with advances in the relevant body of technical and clinical
knowledge and to seek and utilise other specialist advice when required to.
"Senior Dialysis Technician" means a technician
who has been appointed Senior Dialysis Technician in the area of dialysis.
"Senior Electronics Technician" means an
electronics technician appointed to a position approved as such by the
employer.
"Senior Technical Officer" means a person appointed
to a position approved as such by the employer.
"Sole Electronics Technician" means an electronics
technician appointed as such.
"Technical Assistant (Orthotic/Prosthetic) Level
1" - Such employees undertake orthotic/prosthetic work of a basic and
routine nature under the direction of an orthotist/prosthetist.
"Technical Assistant (Orthotic/Prosthetic) Level
2" - Technical Assistants (Orthotic/Prosthetic) are able to progress to
this level subject to meeting the following criteria:
ten years service as a technical Assistant
(Orthotic/Prosthetic); and
certification by the employer that the range and
quality of the work performed is such as to justify payment on this basis.
"Technical Officer" means a person appointed as
such who is the holder of the Biological Technicians Certificate, the Chemistry
Certificate, the Nuclear Medicine Technician's Certificate, the Pathology
Technicians Certificate, the Pathology Technicians Higher Certificate, the
Associate Diploma of Health Sciences (Pathology Techniques) of the Department
of Technical and Further Education, the Associate Diploma in Medical Technology
awarded by the Riverina CAE or the Associate Diploma in Medical Laboratory
Science awarded by the Charles Sturt University or such other certificate or
course of training as, in the opinion of the employer, is appropriate.
"Trainee Medical Photographer" means a person
appointed as such who is undertaking the certificate course in photography
conducted by the Department of Technical and Further Education.
"Union" means the Health Services Union.
2. Salaries
Employees shall be paid not less than the following minimum
salaries as set out in Table 1- Salaries of Part B, Monetary Rates.
3. Exemptions
This award shall not apply to:
(a) Members, novices
or aspirants of religious orders in public hospitals, the names of whom are
included or hereafter shall be included in the Third Schedule to the Health
Services Act 1997.
(b) Employees of
Stewart House Preventorium.
4. Conditions of
Service
The Health Employees Conditions of Employment (State) Award,
as varied from time to time, shall apply to all persons covered by this award.
In addition, the Health Industry Status of Employment
(State) Award, shall also apply to relevant employees.
5. No Extra Claims
The Memorandum of Understanding between the employer and the
Union dated 23 September 2008 establishes the extent of any further claims that
may be pursued by the Union as set down in Clause 9, Leave Reserved, of that
Memorandum.
6. Dispute Resolution
The dispute resolution procedures contained in the Health
Employees Conditions of Employment (State) Award, as varied, shall apply.
7.
Anti-Discrimination
(i) It is 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, and
responsibilities as a carer.
(ii) 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.
(iii) 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.
(iv) 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.
(v) 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.
NOTES -
(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 this 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.
7. Area, Incidence
and Duration
(i) This Award
rescinds and replaces the Health Employees Technical (State) Award published 14
April 2006 (358 I.G. 942) and all variations thereof.
(ii) This Award
shall apply to persons employed in classifications contained herein employed in
the New South Wales Health Service under section 115(1) of the Health
Services Act 1997, or their successors, assignees or transmittees,
excluding the County of Yancowinna.
(iii) This Award
takes effect from 12 November 2008, and shall remain in force until 30 June
2011.
PART B
MONETARY RATES
Table 1 - Monetary
Rates
Grades
|
Rate from
|
Rate from
|
Rate from
|
|
1.7.2008
|
1.7.2009
|
1.7.2010
|
|
$
|
$
|
$
|
Electronics Technician
|
|
|
|
1st year of service
|
1,056.70
|
1,097.90
|
1,140.70
|
2nd year of service
|
1,093.40
|
1,136.00
|
1,180.30
|
3rd year of service
|
1,130.10
|
1,174.20
|
1,220.00
|
4th year of service
|
1,201.50
|
1,248.40
|
1,297.10
|
Sole Electronics Technician
|
1,259.90
|
1,309.00
|
1,360.10
|
Senior Electronics Technician
|
|
|
|
1st year of service
|
1,280.40
|
1,330.30
|
1,382.20
|
2nd year of service
|
1,300.80
|
1,351.50
|
1,404.20
|
Perfusionist - Grade 1
|
|
|
|
1st year
|
1,288.00
|
1,338.20
|
1,390.40
|
2nd year
|
1,329.60
|
1,381.50
|
1,435.40
|
Perfusionist - Grade 2
|
|
|
|
1st year
|
1,430.10
|
1,485.90
|
1,543.90
|
2nd year
|
1,478.00
|
1,535.60
|
1,595.50
|
3rd year
|
1,519.20
|
1,578.40
|
1,640.00
|
4th year
|
1,685.70
|
1,751.40
|
1,819.70
|
5th year
|
1,732.40
|
1,800.00
|
1,870.20
|
6th year
|
1,791.20
|
1,861.10
|
1,933.70
|
7th year
|
1,845.80
|
1,917.80
|
1,992.60
|
8th year
|
1,892.20
|
1,966.00
|
2,042.70
|
Perfusionist - Grade 3
|
|
|
|
1st year
|
2,027.20
|
2,106.30
|
2,188.40
|
2nd year
|
2,077.80
|
2,158.80
|
2,243.00
|
Perfusionist - Grade 4
|
|
|
|
1st year
|
2,133.70
|
2,216.90
|
2,303.40
|
2nd year
|
2,184.60
|
2,269.80
|
2,358.30
|
Trainee Visual Aids Officer
|
|
|
|
1st year of training
|
466.90
|
485.10
|
504.00
|
2nd year of training
|
524.90
|
545.40
|
566.70
|
3rd year of training
|
573.80
|
596.20
|
619.50
|
4th year of training
|
629.00
|
653.50
|
679.00
|
5th year of training
|
691.60
|
718.60
|
746.60
|
Trainee Technical Officer
|
|
|
|
1st year of training
|
464.00
|
482.10
|
500.90
|
2nd year of training
|
519.70
|
540.00
|
561.10
|
3rd year of training
|
587.90
|
610.80
|
634.60
|
4th year of training
|
647.40
|
672.60
|
698.80
|
Technical Officer - Grade 1
|
|
|
|
1st year
|
819.50
|
851.50
|
884.70
|
2nd year
|
839.30
|
872.00
|
906.00
|
3rd year
|
858.10
|
891.60
|
926.40
|
4th year
|
878.70
|
913.00
|
948.60
|
5th year
|
897.80
|
932.80
|
969.20
|
6th year
|
931.80
|
968.10
|
1,005.90
|
7th year
|
961.90
|
999.40
|
1,038.40
|
8th year
|
988.50
|
1,027.10
|
1,067.20
|
Technical Officer - Grade 2
|
|
|
|
1st year
|
1,056.70
|
1,097.90
|
1,140.70
|
2nd year
|
1,093.40
|
1,136.00
|
1,180.30
|
3rd year
|
1,130.10
|
1,174.20
|
1,220.00
|
4th year
|
1,201.50
|
1,248.40
|
1,297.10
|
Senior Technical Officer
|
|
|
|
1st year
|
1,259.90
|
1,309.00
|
1,360.10
|
2nd year
|
1,280.40
|
1,330.30
|
1,382.20
|
3rd year and Thereafter
|
1,300.80
|
1,351.50
|
1,404.20
|
Dialysis Technician
|
|
|
|
1st year
|
981.80
|
1,020.10
|
1,059.90
|
Thereafter
|
1,011.80
|
1,051.30
|
1,092.30
|
Senior Dialysis Technician
|
|
|
|
Grade 1 (Sole Technician)
|
1,042.90
|
1,083.60
|
1,125.90
|
Grade 2
|
1,078.50
|
1,120.60
|
1,164.30
|
Visual Aids Officer - General Scale
|
|
|
|
1st year
|
773.80
|
804.00
|
835.40
|
2nd year
|
814.20
|
846.00
|
879.00
|
3rd year
|
855.30
|
888.70
|
923.40
|
4th year
|
874.80
|
908.90
|
944.30
|
5th year
|
895.20
|
930.10
|
966.40
|
Visual Aids Officer - Grade 1
|
|
|
|
Medical Artists, RPA, RNSH;(I/C Westmead)
|
|
|
|
(2-I/C POW)
|
982.10
|
1,020.40
|
1,060.20
|
Visual Aids Officer - Grade 2
|
|
|
|
Sole Medical Photographer(St.George & Gosford)
|
1,023.30
|
1,063.20
|
1,104.70
|
Visual Aids Officer - Grade 3
|
|
|
|
Chief Medical Photographer - specific hospitals
|
1,141.70
|
1,186.20
|
1,232.50
|
Visual Aids Officer - Grade 4
|
|
|
|
Co-ordinator - Audio Visual Services - RNSH
|
1,185.10
|
1,231.30
|
1,279.30
|
Director of Audio Visual Services
|
|
|
|
Royal Prince Alfred and Westmead
|
1,379.20
|
1,433.00
|
1,488.90
|
Technical Assistant (Orthotic/Prosthetic)-Level 1
|
|
|
|
1st year
|
751.00
|
780.30
|
810.70
|
2nd Year
|
766.00
|
795.90
|
826.90
|
3rd Year
|
783.50
|
814.10
|
845.80
|
Technical Assistant (Orthotic/Prosthetic)-Level 2
|
|
|
|
1st Year
|
819.50
|
851.50
|
884.70
|
2nd Year
|
839.30
|
872.00
|
906.00
|
3rd Year
|
858.10
|
891.60
|
926.40
|
J.
McLEAY, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.