Public Hospital Residential Services Assistants
(State) Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by NSW Ministry of Health.
(No. IRC 428 of 2015)
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Before The Honourable Justice Walton, President
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13 July 2015
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AWARD
Arrangement
Clause No. Subject
Matter
5. Anti-Discrimination
7. Area,
Incidence and Duration
3. Conditions
of Service
1. Definitions
4. Dispute
Resolution
6. 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 the respective meanings
assigned to them:
"Employer" means
the Secretary of the Ministry of Health exercising employer functions on behalf
of the Government of NSW (and includes a delegate of the Secretary).
"Health Service" means a Local Health District
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.
"Residential Services Assistant" means a person
other than a registered nurse, enrolled nurse or residential care nurse, who is
employed in the delivery of domestic services to clients in residential
settings conducted by or on behalf of hospitals or area health services, and
which are located either in the general community or in the grounds of
hospitals excepting any "off-campus" or "satellite" group
homes generated from the Weemala Unit of the Royal
Rehabilitation Service.
"Union" means the Health Services Union NSW.
2. Salaries
Salaries for Residential Services Assistants shall be as set
out in Table 1-Salaries, of Part B, Monetary Rates.
3. 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.
4. Dispute
Resolution
The dispute resolution procedures contained in the said
Health Employees Conditions of Employment (State) Award shall apply.
5. 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, age
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.
6. No Extra Claims
Other than as provided for in the Industrial Relations
Act 1996 and the Industrial Relations (Public Sector Conditions of Employment)
Regulation 2014, there shall be no further claims/demands or proceedings
instituted before the Industrial Relations Commission of New South Wales for
extra or reduced wages, salaries, rates of pay, allowances or conditions of
employment with respect to the employees covered by the Award that take effect
prior to 30 June 2016 by a party to this award.
7. Area, Incidence
and Duration
(i) This
Award takes effect from 1 July 2015 and shall remain in force for a period of
one year.
(ii) This Award
rescinds and replaces the Public Hospital Residential Services Assistants
(State) Award published 24 April 2009 (367 I.G. 1338) and all variations
thereof.
(iii) This Award
shall apply to persons employed in classifications contained herein employed in
the New South Wales Health Service under s115(1) of the Health Services Act
1997, or their successors, assignees or transmittees,
excluding the County of Yancowinna.
PART B
MONETARY RATES
Table 1 - Salaries
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Classification
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Rate from
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1.7.2015
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$
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Residential Services Assistant
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1st year of service
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947.90
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2nd year of service
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966.80
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3rd year of service
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985.50
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4th year of service
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1,008.80
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5th year of service
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1,027.10
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M. J. WALTON J , President
____________________
Printed by the authority of the Industrial Registrar.