PUBLIC HOSPITAL SOCIAL WORKERS (STATE) AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Health Services Union, industrial organisation of employees.

 

(No. IRC 6424 of 2005)

 

 

AWARD

 

PART A

 

Arrangement

 

Clause No.         Subject Matter

 

9.         Area, Incidence and Duration

3.         Call-Out Allowance

5.         Conditions of Service

1.         Definitions

7.         Grading Committee

8.         Labour Flexibility

6.         No Extra Claims

2.         On-Call Allowance

4.         Salaries

 

1.  Definitions

 

(i)         "Area Health Service" means an Area Health Service constituted pursuant to section 17 of the Area Health Services Act 1997.

 

(ii)        "Union" means the Health Services Union.

 

(iii)       "Health Institution" means an institution (other than a hospital) by or at which health services or health support services are provided.

 

(iv)       "Health Service" means a Public Health Organisation.

 

(v)        "Industry of Social Work" means the industry of persons engaged in the New South Wales Health Service in the profession of Social Work.

 

(vi)       "Officer" means a social worker employed in the New South Wales Health Service.

 

(vii)      "Public Health Organisation" means an organisation as defined in section 7 of the Health Services Act 1997.

 

(viii)     "Service" for the purpose of salaries means service before and/or after commencement of this award as a social worker in a public hospital whether in New South Wales or elsewhere in Australia or other service acceptable to the employer.

 

(ix)       "Social Worker" means a person employed in the industry of Social Work in a public health organisation who has qualifications acceptable to the Australian Association of Social Workers.

 

(x)        "Social Worker Grade 2" shall mean:

 

(a)        a Social Worker who is responsible for a Team or Department with the equivalent of 5 full-time positions. Such positions must be providing a clinical input eg: Welfare Officer (Social).

 

(b)        Deputy Social Worker-in-Charge to a Social Worker Grade 3

 

"Social Worker Grade 3" shall mean:

 

(a)        a Social Worker who is responsible for a Team or Department with the equivalent of 6 - 14 full-time positions. Such positions must be providing a clinical input eg: Welfare Officer (Social).

 

(b)        Deputy Social Worker-in-Charge to a Social Worker Grade 4

 

"Social Worker Grade 4" shall mean:

 

(a)        Social Workers appointed to the position of Director of Social Work Services at the following hospitals:

 

The Children's Hospital

 

Hornsby Hospital

 

St Vincent's Hospital

 

Wollongong Hospital

 

St George Hospital

 

Gosford Hospital

 

Prince Henry Hospital

 

Royal Newcastle Hospital

 

(b)        Social Workers appointed to the position of Director of Social work Services at those hospitals where there is the equivalent of 15 to 29 full-time positions. Such positions must be providing a clinical input eg: Welfare Officer (Social).

 

(c)        Deputy Social Worker-in-Charge to a Social Worker Grade 5

 

"Social Worker Grade 5" shall mean:

 

(a)        a Social Worker appointed to the position of  Director of Social Work Services at the following hospitals:

 

Westmead Hospital

 

Royal Prince Alfred Hospital

 

Royal North Shore Hospital

 

Prince of Wales Hospital

 

(b)        a Social Worker appointed to the position of Director of Social Work Services at a hospital where there is the equivalent of 30 or more full-time positions. Such positions must be providing a clinical input eg: Welfare Officer (Social).

 

(xi)       "Weekly Rates" will be ascertained by dividing an annual amount by 52.17857 or a weekly rate can be multiplied by 52.17857 to obtain the annual amount.

 

2.  On-Call Allowance

 

(i)         An "on-call period" is a period during which an officer including part-time officers is required by the hospital where he/she is employed, to be on call in accordance with subclause (ii) of this clause.

 

(ii)        Officers including part-time officers rostered to be "on call" and to provide a telephone counselling service during periods of such "on call" shall be entitled to payment at the rate of one-third of the officer's normal pay for each hour of performing the above duty, provided that there shall be a maximum payment in respect of each "on call" period of two and one-half hours' pay:  Provided that "on call" periods -

 

(a)        which commence on or after 9.00 am Saturday and finish on or before 9.00 am Monday should not exceed 12 hours;

 

(b)        which commence on or after 9.00 am Monday and finish on or before 9.00 am Saturday should not exceed 16 hours; and

 

(c)        where "on call" periods outlined in paragraphs (a) and (b) of this clause exceed the maximum allowed therein then such period in excess shall attract additional payment at the rate outlined in this subclause to a maximum of two and one-half hours' pay.

 

3.  Call-Out Allowance

 

(i)         "Call-out" is the period over which an officer including part-time officers is required by the hospital to return to duty.  For the purpose of this definition call out shall only apply to on call and unrostered time periods.

 

(ii)        Officers including part-time officers who are recalled to duty outside normal hours shall be paid a minimum of three hours at the appropriate overtime rate for each recall to duty subject to:

 

(a)        Where an officer is recalled to duty more than once in any one day, and the second or subsequent recalls commence within the period of the preceding recall for which payment would have been made under the minimum payment provision, payment for such recalls shall be made as follows:

 

(i)         A minimum payment as for three hours' work at the appropriate overtime rate shall be made in respect of the last recall.

 

(ii)        Payment shall be calculated as if the officer had been continuously engaged on overtime from the commencement of work on the first recall until the expiry of the period in (i) above or completion of the work for which he/she had been recalled on the last occasion, whichever is the later.

 

(b)        Where an officer is recalled to duty more than once in any one day, and the second or subsequent recall does not commence within the period for which payment will be made under the minimum payment provision, the minimum payment for each such recall shall be as for three hours' work at the appropriate overtime rate.

 

An officer, including part-time officers where recalled to work as prescribed in subclause (i) of this clause shall be paid all fares and expenses reasonably incurred in travelling to and from his/her place of work in accordance with clause 23, Mobility, Excess Fares and Travelling, of the Public Hospitals (Professional and Associated Staff) Conditions of Employment (State) Award.

 

Where officers are recalled to work as prescribed in subclause (i) of this clause the officer shall have at least eight consecutive hours off duty between the work on successive days.  If, on the instructions of the employer such officer resumes or continues work without having had such eight consecutive hours off duty the officer shall be paid at double rates until the officer is released from duty for such period and the officer then shall be entitled to be absent until the officer has had eight consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

 

4.  Salaries

 

The minimum salaries which shall be paid to the officers shall be as set out in the Health Professional and Medical Salaries (State) Award.

 

5.  Conditions of Service

 

The Public Hospitals (Professional and Associated Staff) Conditions of Employment (State) Award, as varied from time to time, shall apply to all persons covered by this award, except where conditions are specifically provided in this Award, in which case the conditions provided in this award shall prevail.

 

6.  No Extra Claims

 

The Memorandum of Understanding between the Health Administration Corporation and the Union dated 24 December 2004 establishes the extent of any further claims that may be pursued by the Union as set down in Clause 5, Allowable and No Extra Claims, of that Memorandum.

 

7.  Grading Committee

 

(i)         For the purpose of recommending changes to the grading of officers covered by this award a committee consisting of two representative of the Area Health Service and two representatives of the Union shall be constituted to consider and recommend to the Area Health Service:

 

(a)        the grading of any new position or variation of grading of a position as a result of any substantial alteration of duties and/or responsibilities or in any case of anomaly; and

 

(b)        the date of effect of the grading recommended.

 

Provided that -

 

(a)        an employee shall, whilst the grading of his/her position is under consideration by the Committee, be ineligible to be a member of the Committee;

 

(b)        the Committee shall not, without sufficient reason, recommend the retrospective operation of any grading; and

 

(c)        where a retrospective date of effect is recommended such date shall not be earlier than a date six months prior to the date on which the matter was referred to the Committee.

 

(ii)        The matters to be referred to the Committee shall be -

 

(a)        any application by an officer for review of the grading of the position he/she occupies if the General Manager or Senior Officer of the hospital or health institution  certifies that in his/her opinion there has been a substantial alteration of duties and/or responsibilities since the last grading of the position and states the nature of such alteration or that the grading of the position is markedly out of keeping with that of other positions in the hospital  or health institution;

 

(b)        the grading of any new position;

 

(c)        such cases as the Union may raise where the Union has stated the ground and indicated the basis on which it desires such cases to be considered by the Committee; and

 

(d)        such other cases as the Area Health Service may approve.

 

8.  Labour Flexibility

 

(i)         An employer may direct an employee to carry out such duties as are reasonable and within the limits of the employee's skill, competence and training, consistent with employee's classification, grouping and/or career stream, provided that such duties are not designed to promote de-skilling.

 

(ii)        An employer may direct an employee to carry out such duties and use such tools and equipment as may be required, provided that the employee has been properly trained or has otherwise acquired the necessary skills in the use of such tools and equipment.

 

(iii)       Any direction issued by an employer pursuant to subclauses (i) and (ii) shall be consistent with the employer's responsibilities to provide a safe and healthy work environment.

 

(iv)       Existing provisions with respect to the payment of mixed functions/higher duties allowances shall apply in such circumstances.

 

9.  Area, Incidence and Duration

 

(i)         This Award rescinds and replaces the Public Hospital Social Workers (State) Award published 12 May 2000 (315 IG 731) and all variations thereof.

 

(ii)        This Award shall apply to persons employed in classifications contained herein employed in or in connection with the New South Wales Health Service as defined in section 16 of the Health Services Act 1997, or their successors, assignees or transmittees.

 

(iii)       This Award takes effect from 1 December 2005, and shall remain in force until 30 June 2008.

 

 

 

R. P. BOLAND  J.

 

 

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Printed by the authority of the Industrial Registrar.