CHARITABLE INSTITUTIONS (PROFESSIONAL PARAMEDICAL STAFF) (STATE) AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.

 

(No. IRC 1734 of 2004)

 

 

REVIEWED AWARD

 

1.          Insert in numerical order in clause 1, Arrangement of the award published 31 August 2001 (327 I.G. 399) the following new clause number and subject matter:

 

33.       Reasonable Hours

 

2.          Renumber in clause 1, Arrangement clause 33, Area, Incidence and Duration to read as clause 34.

 

34.       Area, Incidence and Duration

 

3.          Delete the definition of "Association" in clause 2, Definitions, and insert in lieu thereof the following:

 

"Union" means the Health Services Union.

 

4.          Delete the definition "Dietitian", "Industry of Dietetics" and "Institute" of subclause 2.6 of clause 2, Definitions, and insert in lieu thereof the following:

 

2.6        "Dietitian" means a person employed in the industry of dietetics in hospitals or agencies who has qualifications acceptable to the Dietitians Association of Australia and who is eligible for full membership of the said Association.

 

"Industry of Dietetics" means the industry of persons engaged in New South Wales in the profession of dietetics in an agency.

 

"Institute" means the Dietitians Association of Australia.

 

5.          Delete subparagraph (1) of subclause 2.7 of clause 2, Definitions, and insert in lieu thereof the following:

 

(1)        Physiotherapist" means an officer registered or conditionally registered under the Physiotherapists' Registration Act 2001.

 

6.          Delete subparagraph (3) Scientific Officer in subclause 3.1 of Clause 3, Salaries, and insert in lieu thereof the following:

 

(3)        Scientific Officer - Officers who hold or are qualified to hold a degree, diploma or other qualification, as shown hereunder, shall not be classified below the respective year of scale in this grade, as follows, with advancement as provided for in subparagraph (2) of this paragraph:

 

Bachelor's degree (three-year course), diploma with no experience, junior of the Royal Australian Chemical Institute or graduate of the Australian Institute of Physics - 1st year;

 

Bachelor's degree with honours (four-year course) - 2nd year;

Bachelor's degree with honours (four-year course), diploma or Bachelor's degree with at least two years' experience concurrent with or after last two years of course provided that at least one year has been after 21st birthday), associate of the Royal Australian Chemical Institute, or associate of the Royal Institute of Chemistry (UK) - 3rd year;

 

Master's degree - 4th year;

 

Associate of the Institute of Physics - 6th year;

 

Associate of the Australian Institute of Physics (UK) - 6th year;

 

Degree of Doctor of Philosophy - 6th year;

 

provided that such degree with honours or such Master's degree has been obtained in subjects relevant to the branch of science in which the officer is engaged.

 

7.          Delete the first subparagraph (4) of subclause 3.1 of Clause 3, Salaries, and insert in lieu thereof the following:

 

(4)        Credentials Committee - A committee, as set up by the Hospital Scientist (State) Award published 18 January 2002 (330 I.G. 837), consisting of two representatives of the Department of Health, N.S.W., and two representatives of the Union, shall be constituted to consider and recommend to the employer, upon application by the Union or the employing hospital:

 

8.          Delete the words "Association" in paragraph (b) of subclause 3.6 of Clause 3, Salaries, where it appears therein, and insert in lieu thereof the following:

 

"Union"

 

9.          Delete the word "Association" in subclause 8.6 of clause 8, Shift Work, where it appears therein, and insert in lieu thereof the following

 

"Union"

 

10.        Insert after clause 32, Remuneration Packaging, the following new clause:

 

33.  Reasonable Hours

 

33.1      Subject to sub-clause (ii) an employer may require an employee to work reasonable overtime at overtime rates or as otherwise provided for under the award.

 

33.2      An employee may refuse to work overtime in circumstances where the working of such overtime would result in the employee working hours which are unreasonable.

 

33.3      For the purposes of sub-clause (ii) what is reasonable or other wise will be determined having regard to:

 

(a)        any risk to employee health and safety.

 

(b)        The employee’s personal circumstances including any family and carer responsibilities.

 

(c)        The needs of the workplace or enterprise.

 

(d)        The notice (if any) given by the employer of the overtime and by the employee of his or her intention to refuse it; and

 

(e)        Any other relevant matter.

 

 

11.        Delete clause 34, Area, Incidence and Duration, and insert in lieu thereof the following:

 

34.  Area, Incidence and Duration

 

34.1      This award was made following a review under section 19 of the Industrial Relations Act 1996.

 

34.2      This award rescinds and replaces the Charitable Institutions (Professional Paramedical Staff) (State) Award published 7 July 2000 (316 IG 1240), and all variations thereof.

 

34.3      This award shall apply to all employees as defined herein.

 

34.4      This award shall take effect from the first pay period on or after 13 June 2001and shall remain in force thereafter for a period of 24 months.

 

34.5      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) and take effect on 8 June 2004.

 

34.6      This award remains in force until varied or rescinded, the period for which it was made having already expired.

 

 

 

J. P. GRAYSON  D.P.

 

 

 

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Printed by the authority of the Industrial Registrar.