Health
Employees' Pharmacists (State) Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Health
Services Union, Industrial Organisation of Employees.
(No. IRC 2100 of 2008)
Before Commissioner
McLeay
|
12 November 2008
|
AWARD
PART A
Arrangement
Clause No. Subject Matter
7. Anti-Discrimination
8. Area,
Incidence and Duration
2. Competency
Criteria
4. Conditions
of Service
1. Definitions
6. Dispute
Resolution
5. No Extra
Claims
3. Salaries
PART B
MONETARY RATES
Table 1 - Salaries
1. Definitions
"Deputy Director of Pharmacy" means a pharmacist
who is appointed as such to an established position approved by the Health
Administration Corporation and whose function is to assist the Director of Pharmacy
in the administration of the Department.
"Director of Pharmacy" means a pharmacist who has
been appointed as such in a pharmacy department of a hospital.
"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).
"Group 1 Hospitals"
(a) Gosford
Hospital, John Hunter Hospital, St Vincents (Darlinghurst), Royal North Shore,
St George and Concord.
(b) Westmead, Royal
Prince Alfred (including Balmain and Rachel Forster), Prince Henry and Prince
of Wales Group (includes Sydney Children’s Hospital).
"Group 2 Hospitals" - Newcastle Mater
Misericordiae, New Children’s Hospital (Westmead), Liverpool, Nepean,
Wollongong Hospitals, Blacktown/Mt Druitt, Bankstown/Lidcombe, Macarthur Health
Service.
"Group 3 Hospitals" - Coffs Harbour, Wagga Wagga
Base, Sutherland, Tamworth Base Hospital, Rozelle, Canterbury, Lismore, Ryde,
Hornsby, Fairfield, Dubbo Base.
"Group 4 Hospitals" - Manly, Auburn, Balmain,
Sydney, Royal Newcastle, Albury, Wyong, Blue Mountains/Katoomba, Griffith Base,
Orange, Bathurst Base, Shellharbour, Shoalhaven, Gladesville/Macquarie,
Armidale, Tweed Heads/Murwillumbah,
"Group 5 Hospitals" - Belmont, Cessnock, Maitland,
Kurri Kurri, Muswellbrook, Neringah, Royal Ryde Rehabilitation, Royal South
Sydney, War Memorial Waverley, Bowral, Cootamundra, Manning River Base,
Kempsey, Wauchope, Young, Goulburn Base Hospital, Bulli, Casino, Kyogle,
Grafton, Mona Vale, Cowra, Royal Hospital for Women, Parkes/Forbes, Lithgow,
Condobolin, Inverell, Moree/Narrabri, Glen Innes.
"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.
"Pharmacist" means a person who is registered as a
practicing pharmacist under the Pharmacy Act 1964.
A Pharmacist who has after registration not less than three
years experience in hospital pharmacy and can demonstrate competency in at
least one of the essential competency criteria and 3 other competency criteria
will be classified as a Pharmacist Grade 2.
Provided that Pharmacists paid at the eight year of service
rate immediately prior to transfer to this structure shall not be eligible for
incremental progression unless they meet the criteria for appointment to Grade
2.
"Pharmacist Grade 3" means a Pharmacist who is
responsible to the Director of Pharmacy or Deputy Director of Pharmacy for the
management and efficient performance of a specific unit or function of the
hospital’s pharmacy Department. Such
appointment shall only be made where the hospital employs at least 5
Pharmacists or a Director of Pharmacy Group 5 Hospitals and Deputy Director of
Pharmacy Group 3 Hospitals
"Pharmacist Grade 4" Director of Pharmacy Group 4
Hospitals and Deputy Director of Pharmacy Group 2 Hospitals.
"Pharmacist Grade 5" Director of Pharmacy Group 3
Hospitals and Deputy Director of Pharmacy Group 1 Hospitals.
"Pharmacist Grade 6" Director of Pharmacy Group 2
Hospitals.
"Pharmacist Grade 7" Director of Pharmacy Group 1
Hospitals.
"Union" means the Health Services Union.
2. Competency
Criteria
Essential:
(i) Postgraduate
qualifications in either Diploma of Hospital Pharmacy, Diploma of Clinical
Pharmacy or any other relevant postgraduate qualifications and a minimum of 6
months experience in the relevant specialty.
Relevant areas of specialty practice may include but should not be
limited to: Liaison Pharmacy, Clinical
Trials, Research and/or Project Coordinator, Information Technology, Oncology,
Nutritional Support, Paediatrics, Critical Care; or
(ii) In the case of
a Pharmacist who does not hold a post graduate qualification and has had, after
registration, not less than 3 years experience in hospital pharmacy including
not less than 12 months, experience in the relevant specialty acceptable to the
employer.; or
(iii) Be able to
demonstrate a higher level of performance in clinical pharmacy practices as
defined by at least meeting the standards in the document published by Society
of Hospital Pharmacists of Australia in 1996 to the satisfaction of the
Director of Pharmacy and equivalent Director of Pharmacy from another Health
Service and if necessary, another Pharmacist nominated by the employer.
Other:
(a) An ability to
demonstrate a record of participation in teaching programs with other
Pharmacists and/or University students, community health, nursing staff or
other health care providers.
(b) Demonstrated
ability to supervise other Pharmacy staff and be responsible for the
supervision of other Pharmacists.
(c) A record of
significant contribution to quality assurance activities (e.g. being
responsible for the implementation of maintenance of a quality assurance
program)
(d) Participation in
institutional committees relevant to the profession such as drug,
nursing/pharmacy, infection control or quality assurance committees.
(e) Display judgment
and demonstrate initiative and independence in problem solving.
(f) Be able to
demonstrate active participation in research, presentation and publication of
research results in peer review journals
3. Salaries
Employees shall be paid not less than the minimum salaries
as set out in Table 1 of Part B.
4. Conditions of
Employment
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 procedure contained in the Health
Employees Conditions of Employment (State) Award 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, 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.
8. Area, Incidence
and Duration
(i) This Award
rescinds and replaces the Health Employees Pharmacists (State) Award published
31 March 2006 (358 I.G. 721) 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 - Salaries
Grades
|
Rate from
|
Rate from
|
Rate from
|
|
1.7.2008
|
1.7.2009
|
1.7.2010
|
|
|
$
|
$
|
$
|
|
PHARMACISTS
|
|
|
|
|
Grade 1-Unregistered
|
952.30
|
989.40
|
1,028.00
|
|
GRADE 1
|
|
|
|
|
1st year
|
1,010.90
|
1,050.30
|
1,091.30
|
|
2nd year
|
1,080.10
|
1,122.20
|
1,166.00
|
|
3rd year
|
1,154.70
|
1,199.70
|
1,246.50
|
|
4th year
|
1,288.00
|
1,338.20
|
1,390.40
|
|
5th year
|
1,329.60
|
1,381.50
|
1,435.40
|
|
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
|
|
GRADE 3
|
|
|
|
|
Senior Pharmacist
|
|
|
|
|
Director of Pharmacy-Group 5 Hospital
|
|
|
|
|
Deputy Director of Pharmacy-Group 3 Hospital
|
|
|
|
|
1st year
|
1,685.70
|
1,751.40
|
1,819.70
|
|
2nd year
|
1,732.40
|
1,800.00
|
1,870.20
|
|
GRADE 4
|
|
|
|
|
Director of Pharmacy - Group 4 Hospital
|
|
|
|
|
Deputy Director of Pharmacy-Group 2 Hospital
|
|
|
|
|
1st year
|
1,732.40
|
1,800.00
|
1,870.20
|
|
2nd year
|
1,791.20
|
1,861.10
|
1,933.70
|
|
GRADE 5
|
|
|
|
|
Director of Pharmacy - Group 3 Hospital
|
|
|
|
|
Deputy Director of Pharmacy-Group 1 Hospital
|
|
|
|
|
1st year
|
1,845.80
|
1,917.80
|
1,992.60
|
|
2nd year
|
1,892.20
|
1,966.00
|
2,042.70
|
|
GRADE 6
|
|
|
|
|
Director of Pharmacy - Group 2 Hospital
|
|
|
|
|
1st year
|
2,027.20
|
2,106.30
|
2,188.40
|
|
2nd year
|
2,077.80
|
2,158.80
|
2,243.00
|
|
GRADE 7
|
|
|
|
|
Director of Pharmacy- Group 1 Hospital
|
|
|
|
|
Group A - 1st year
|
2,184.60
|
2,269.80
|
2,358.30
|
|
Group A - 2nd year
|
2,237.50
|
2,324.80
|
2,415.50
|
|
Grade 7 (continued)
|
|
|
|
Group B - 1st year
|
2,289.90
|
2,379.20
|
2,472.00
|
Group B - 2nd year
|
2,342.70
|
2,434.10
|
2,529.00
|
|
|
|
|
Fellowship Allowance
|
32.40
|
33.70
|
35.00
|
|
|
|
|
|
|
|
J.
McLEAY, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.