NSW Health Service Allied Health Assistants (State) Award
2021
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH
WALES
Application by NSW Ministry of Health.
(Case No. 186489 of 2021)
Before Chief
Commissioner Constant
|
30 July 2021
|
AWARD
Part A
1. Arrangement
Clause No. Subject
Matter
1. Arrangement
2. Definitions
3. Classification of Allied Health
Assistants
4. Qualifications
5. Salaries
6. Conditions of Service
7. Dispute Resolution
8. Anti-Discrimination
9. No Extra Claims
10. Transitional Arrangements
11. Area, Incidence and Duration
Schedule A -
Disciplines which utilise Allied Health Assistants
Schedule
B - Classifications and Qualifications for Allied Health Assistant Positions
PART B - MONETARY
RATES
Table 1 - Salary Rates
Table 2 - Transitional Salary Arrangements
for Allied Health Assistants (AHA)
PART A
2. Definitions
“Allied Health
Assistant” An Allied Health Assistant works under the supervision and direction
of an allied health professional to perform clinical and non-clinical duties.
The Allied Health Assistant may be engaged to work in a discipline
specific area or assist in the delivery of allied health services across a
multi-disciplinary team.
“Clinical Duties”
include therapeutic and program related activities and may include the
identification and reporting of changes in the client’s condition.
“Direct Supervision”
means that a supervising Allied Health Professional is physically present to observe
and direct the activities of an Allied Health Assistant.
“Employer” means the
Secretary of the Ministry of Health exercising the employer functions on behalf
of the Government of New South Wales.
“Hospital” means a public hospital as defined
in section 15 of the Health Services Act,
1997, as amended or varied from time to time.
“Indirect Supervision” is when the
supervising Allied Health Professional is on-site, yet not physically present
whilst the Allied Health Assistant undertakes activities as previously
delegated by the Allied Health Professional. Procedures are to be in place to
ensure the supervising Allied Health Professional is contactable to provide
further direction if required.
"Recognition of Prior Learning
(RPL)" means the process whereby an employee has their qualifications,
skills and/or knowledge assessed for equivalence, by a Registered Training
Organisation, against the identified set of competencies for placement at Level
2 or Level 3 Allied Health Assistant.
“Remote Supervision”
is when the Allied Health Professional is off-site whilst an Allied Health
Assistant undertakes activities previously delegated by the Allied Health
Professional. Procedures are to be in place to ensure that the supervising
Allied Health Professional is contactable to provide further direction if
required. This may include the use of technologies such as teleconferencing or
videoconferencing.
“Service” means service as an employee with
the employer both before and after the commencement of the award.
“Non-Clinical Duties” include administrative
and support activities.
“Union” means the Health Services Union.
3. Classification of Allied Health Assistants
3.1 Allied Health Assistants will be
classified according to the criteria set out at Schedule B of the Award.
4. Qualifications
4.1 The Minimum qualification requirements for
each Allied Health Assistant classification are set out at Schedule B of this
Award.
5. Salaries
5.1 Full time Allied Health Assistant employees
shall be paid the salaries as set out in Table 1 of Part B - Monetary Rates, of
this Award.
5.2 On attainment of a relevant qualification
Allied Health Assistants will move to Year 1 of the appropriate level of the
award.
5.3 Salary progression within Levels will
occur following 12 months satisfactory service.
6. Conditions of Service
6.1 The Health
Employees Conditions of Employment (State) Award 2019, as varied or replaced from time to time,
shall apply to all persons covered by this Award.
6.2 The Health
Industry Status of Employment (State) Award 2019, as varied or replaced from time to time, shall also apply to
relevant employees.
7. Dispute Resolution
7.1 The dispute resolution procedures
contained in the awards identified in Clause 6, Conditions of Service, shall
apply.
8. Anti-Discrimination
8.1 It is the intention of the parties bound
by this Award to seek to achieve the object of 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.
8.2 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 direct or indirect
discriminatory effect.
8.3 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.
8.4 Nothing in this clause is to be taken to
affect:
8.4.1 any conduct or act which is specifically
exempted from anti-discrimination legislation;
8.4.2 offering or providing junior rates of pay to
persons under 21 years of age;
8.4.3 any act or practice of a body established to
propagate religion which is exempted under Section 56(d) of the Anti-Discrimination Act 1977;
8.4.4 a party to this award from pursuing matters
of unlawful discrimination in any State or Federal jurisdiction.
8.5 This clause does not create legal rights
or obligations in addition to those imposed upon the parties by legislation
referred to in this clause.
Notes:
Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
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.”
9. No Extra Claims
9.1 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 2022 by a party to this
Award.
10. Transitional Arrangements
10.1 The transitional arrangement of employees
employed in the classifications of Allied Health Assistant, Technical Assistant
Grade 1, Diversional Therapist without Diploma, or Technical Assistant
(Orthotic/Prosthetic) as at 19 April 2018 are determined in accordance with the
Transitional Arrangements contained in Table 2 - Transitional Salary
Arrangements for Allied Health Assistants (AHA) of Part B, Monetary Rates, of
this Award.
10.2 The translation to the new structure for
employees covered by this award will be undertaken utilising the following
basic principles.
10.2.1 Anniversary/incremental date of employees will
be retained.
10.2.2 Nothing contained in this award shall operate
to reduce the wages or conditions of employment available to any employee at
the time of the award coming into effect.
11. Area, Incidence and Duration
11.1 This Award takes effect from 1 July 2021 and
shall remain in force until 30 June 2022. The rates in the second column in
Table 1 of Part B - Monetary Rates will apply from the first full pay period on
or after (ffppoa) 1 July 2021.
11.2 This Award rescinds and replaces the NSW Health Service Allied Health Assistants
(State) Award 2019 published 24 January 2021 (386 I.G. 283) and all
variations thereof.
11.3 This Award applies 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.
SCHEDULE A
DISCIPLINES WHICH
UTILISE ALLIED HEALTH ASSISTANTS
·
Dietetics
·
Diversional Therapy
·
Exercise Physiology
·
Mental Health
·
Occupational Therapy
·
Orthotics/Prosthetics
·
Physiotherapy
·
Podiatry
·
Radiography
·
Social Work
·
Speech Pathology
Provided that additional classifications for
which the Union has constitutional coverage may be added to this list by
agreement between the Union and the Employer.
SCHEDULE B
CLASSIFICATIONS
AND QUALIFICATIONS FOR ALLIED HEALTH ASSISTANT POSITIONS
Level 1
A Level 1 Allied
Health Assistant engages in basic patient care, clinical duties and/or
administrative support under the supervision of the designated Allied Health
Professional. The Level 1 Allied Health Assistant is developing skills and
progressing from working under direct supervision to undertaking tasks under
indirect or remote supervision. An Allied Health Assistant at this level:
has completed less than 12 months’ service as
an Allied Health Assistant; and
does not hold the qualifications of a Level 2
or Level 3 Allied Health Assistant.
Level 2
A Level 2 Allied Health
Assistant undertakes clinical duties and/or administrative tasks under direct,
indirect or remote supervision. An Allied Health Assistant at this level,
either:
(a) has
completed 12 or more months’ service as an Allied Health Assistant at level 1; or
(b) has
completed a relevant Certificate III qualification or other qualification
deemed equivalent by the employer or where they have been successfully
assessed as possessing the competencies required for Certificate III by way of
RPL. Progression to Level 2 will apply from the date that the employee notifies
the Employer and provides evidence of having attained the equivalent
qualification or Statements of Attainment.
Level 3
A Level 3 Allied
Health Assistant undertakes clinical duties and/or administrative tasks under
direct, indirect or remote supervision and has completed a relevant Certificate
IV qualification or other qualification deemed equivalent by the employer or
where they have been successfully assessed as possessing the competencies required
for Certificate IV by way of RPL. Progression to Level 3 will apply from the
date that the employee notifies the Employer and provides evidence of having
attained the equivalent qualification or Statements of Attainment.
PART B - MONETARY RATES
Table 1 -
Salaries
Classification
|
Rate to apply
prior to ffppoa
01/07/2021
$ per week
|
Rate
from ffppoa
01/07/2021
$
per week
|
Allied Health Assistants
|
Level 1
|
Entry
|
1,011.01
|
1,031.63
|
Level 2
|
1st Year
|
1,035.28
|
1,056.40
|
2nd Year
|
1,054.62
|
1,076.13
|
3rd Year
|
1,068.28
|
1,090.07
|
Level 3
|
1st Year
|
1,101.58
|
1,124.05
|
2nd Year
|
1,123.69
|
1,146.61
|
3rd Year
|
1,151.44
|
1,174.93
|
Table 2 - Transitional
Salary Arrangements for Allied Health Assistants (AHA)
Classification
|
Yr.
|
No
Qualifications
|
Cert III or
Equivalent
|
Cert IV or
Equivalent
|
Technical Assistant Grade 1-Therapy Aide
|
1
|
AHA
level 1 - Entry
|
AHA
Level 2 - 1st year
|
AHA
level 3 - 1st year
|
|
2
|
AHA
level 2 - 1st year
|
AHA
Level 2 - 1st year
|
AHA
level 3 - 1st year
|
|
3
|
AHA
level 2 - 2nd year
|
AHA
level 2 - 2nd year
|
AHA
level 3 - 1st year
|
Diversional Therapist Without Diploma
|
1
|
AHA
level 1 - Entry
|
AHA
level 2 - 1st year
|
AHA
level 3 - 1st year
|
|
2
|
AHA
level 2 - 1st year
|
AHA
level 2 - 1st year
|
AHA
level 3 - 1st year
|
|
3
|
AHA
level 2 - 2nd year
|
AHA
level 2 - 2nd year
|
AHA
level 3 - 1st year
|
Classification
|
Yr.
|
No
Qualifications
|
Cert III or
Equivalent
|
Cert IV or
Equivalent
|
Technical Assistant (Orthotic Prosthetic)
Level 1
|
1
|
AHA
level 1 - Entry
|
AHA
Level 2 - 1st year
|
AHA
level 3 - 1st year
|
|
2
|
AHA
level 2 - 1st year
|
AHA
level 2 - 1st year
|
AHA
level 3 - 1st year
|
|
3
|
AHA
level 2 - 2nd year
|
AHA
level 2 - 2nd year
|
AHA
level 3 - 1st year
|
Level 2
|
1
|
AHA
level 3 - 2nd year
|
AHA
level 3 - 2nd year
|
AHA
level 3 - 2nd year
|
|
2
|
AHA
level 3 - 3rd year
|
AHA
level 3 - 3rd year
|
AHA
level 3 - 3rd year
|
|
3
|
AHA
level 3 - 3rd year
|
AHA
level 3 - 3rd year
|
AHA
level 3 - 3rd year
|
1. Employees employed at the operative date
of the NSW Health Service Allied Health Assistants (State) Award 2018
published 25 October 2019 (385 I.G. 449) in the classification of Technical
Assistant Grade 1, Diversional Therapist Without Diploma, Technical Assistant
(Orthotic/Prosthetic) shall transition to the classification of Allied Health
Assistant, in accordance with Table 2 - Transitional
Salary Arrangements for Allied Health Assistants (AHA) of Part B, Monetary
Rates. These employees retain their existing incremental date and progress
by way of annual increment throughout the new salary range.
2. Employees, who at the operative date of
the NSW Health Service Allied Health Assistants (State) Award 2018 published 25
October 2019 (385 I.G. 449), are in receipt of a salary at the 1st, 2nd or 3rd
year of the classification of Technical Assistant (Orthotic/Prosthetic) Level
2, shall transition to the new salary scale of Allied Health Assistant in
accordance with Table 2 - Transitional Salary Arrangements for Allied Health
Assistants (AHA) of Part B, Monetary Rates. Provided that Employees who are in
receipt of a salary at the 3rd year of the classification of Technical
Assistant (Orthotic/Prosthetic) Level 2:
2.1 shall transition at their applicable rate
of pay at the operative date of the said Award;
2.2 any percentage-based wage increases which
are awarded post-commencement of the said Award will be calculated and applied
based on the Employee’s transitional rate.
N. CONSTANT, Chief Commissioner
____________________
Printed by
the authority of the Industrial Registrar.