PUBLIC HOSPITAL (CAREER MEDICAL OFFICERS) (STATE) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Australian
Salaried Medical Officers' Federation (New South Wales), industrial
organisation of employees.
(No. IRC 8573 of 2001 & 77 of 2005)
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Before The Honourable
Justice Boland
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26 May 2005
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AWARD
PART A
1. Arrangement
Clause No. Subject Matter
1. Arrangement
2. Definitions
3. Salaries
4. Salary
Increases and Work Value
5. In-Charge
Allowance
6. Hours of
Work
7. Penalty
Rates
8. Time
Worked
9. Overtime
10. On-Call
and Call-Back
11. Annual
Leave
12. Public
Holidays
13. Sick Leave
14. Personal/Carer’s
Leave, Family and Community Services Leave
15. Uniform
and Laundry Allowance
16. Continuing
Medical Education
17. Settlement
of Disputes
18. Travelling
Allowances
19. Long
Service Leave
20. Maternity,
Parental and Adoption Leave
21. Trade
Union Leave
22. Labour
Flexibility
23. Anti-Discrimination
24. Redundancy
- Managing Displaced Employees
25. Area,
Incidence and Duration
PART B
Table 1 - Allowances
2. Definitions
"Area Health Service" means -an Area Health
Service constituted pursuant to section 17 of the Health Services Act
1997.
"Hospital" means -a public hospital as defined
under section 15 of the Health Services Act 1997.
"Corporation" means - the Health Administration
Corporation.
"Association" means - the Australian Salaried
Medical Officers' Federation (New South Wales) or the Health Services Union.
"Medical Officer" means - a person licensed or
registered by the Medical Board of New South Wales pursuant to the Medical
Practice Act 1992 employed in a position covered by this Award.
"Career Medical Officer" means - a Medical Officer
who is employed and/or appointed to a position, not being that of a medical
officer in training, in a hospital, who may be required to undertake such
duties and at such places as directed within such hospital.
"Authority" means - the Public Employment Office
established under Chapter 6 of the Public Employment and Management Act
2002.
"Officer" means - a Career Medical Officer
employed on a full-time or permanent part-time basis at a hospital, area health
service or health facility.
3. Salaries
Part A
Salaries for Career Medical Officers shall be as set out in
the Health Professional and Medical Salaries (State) Award.
Career Medical Officers with less than five years
postgraduate experience shall be appointed to Grade 1.
Career Medical Officers with five years postgraduate
experience or more shall be appointed to Grade 2.
Progression within Grades 1 and 2 shall occur on the
anniversary of appointment. Provided that nothing in this clause precludes the
Employer, at the Employer’s sole discretion, from:
(i) initially
appointing a Career Medical Officer to a higher step within the relevant grade;
or
(ii) accelerating
a Career Medical Officer through the steps within the relevant grade
irrespective of length of service.
A Career Medical Officer employed as at the date of the
making of this Award shall be translated to either Grade 1 or Grade 2 in
accordance with the criteria immediately above. The step within the grade will
reflect his/her years of experience as a Career Medical Officer since
appointment or since achieving five years postgraduate experience, as
appropriate.
Provided that Career Medical Officers who at 20 April 2005
were Grade 2 or Grade 3 Career Medical Officers and who, subsequent to
obtaining full registration, possessed seven years full-time experience (or seven
years part-time experience with equivalent outside experience acceptable to the
employer) in the New South Wales public health system will be translated to the
Transitional Grade, provided that the rate payable on the Transitional Grade
shall not be less than the rate payable under the translation provisions
immediately above . The step within the Transitional Grade will be determined
as follows:
Transitional Grade 1: Career Medical Officers currently on Grade 2 or Grade 3,
Year 1
Transitional Grade 2: Career Medical Officers currently on Grade 3, Year 2
Transitional Grade 3: Career Medical Officers currently on Grade 3, Year 3
Progression within the Transitional Grade shall be in
accordance with the provisions of this Award.
A Career Medical Officer appointed to the Transitional Grade
shall be entitled to apply to be appointed to the Senior Career Medical Officer
grade in accordance with the provisions of this Award. Provided that a Career
Medical Officer who has been employed on the top step of the Transitional Grade
for at least twelve months and who is appointed as a Senior Career Medical
Officer shall be entitled to progress to the second step of the Senior Career
Medical Officer grade after six months.
These translation arrangements will not change the
anniversary date. Provided that no Career Medical Officer shall be paid less
than the salary rate paid as at the date of the making of this Award (as
amended by the salary increase effective 1 July 2004).
A grading committee consisting of two nominees of the Health
Administration Corporation and two representatives of the Association(s) shall
be constituted to consider and make recommendations to the employer in relation
to appointment to the Senior Career Medical Officer grade. The committee shall meet to consider an
application for progression to this grade by a Career Medical Officer within
twenty-eight days of an application being submitted to the employer.
The grading committee shall not recommend appointment to the
Senior Career Medical Officer grade unless the individual:
(i) has at least
seven years post graduate experience; and
(ii) has a
demonstrated capacity to perform clinical duties and responsibilities at a
senior level with minimal clinical supervision in one or more areas of medical
speciality; and
(iii) is to perform
clinical duties and responsibilities at a senior level with minimal clinical
supervision in one or more areas of medical speciality as required by the
employer.
If a grading committee does not recommend progression by a
Career Medical Officer to Senior Career Medical Officer then the committee must
provide written reasons to why progression was not recommended, which should
provide guidance in respect of any future applications. Such written reasons
must be provided to the Career Medical Officer within twenty-one days of the
date of the meeting held to consider the application for regrading.
A Career Medical Officer shall not make more than one
application for progression to Senior Career Medical Officer in any 12 month
period.
A Senior Career Medical Officer will progress to the second
step of the Senior Career Medical Officer grade on the anniversary of his or
her commencement on that grade.
Individual Career Medical Officers employed as at the date of
the making of this Award in receipt of a salary higher than that of Senior
Registrar as set out in the Health Professional and Medical Salaries (State)
Award may reach written agreement with their employer that overtime payment
will be calculated on the salary ascribed to Senior Registrar, as varied from
time to time. Any such agreement will require further written agreement on an
annual basis.
Part B
(a) For the
purpose of calculation of payments to officers pursuant to the provisions of
this Award, one hour's pay shall be calculated in accordance with the following
formula:
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Annual Salary
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x
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1
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52.17857
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38
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and one day's pay shall be calculated by multiplying
"one hour's pay" (as calculated in accordance with the above formula)
by 7.6.
(b) Officers shall
be eligible to progress to the next higher step in the scale on the anniversary
of the date on which they were appointed.
Part C
Permanent Part-Time Career Medical Officers -
(i) A permanent
part-time employee is one who is permanently appointed to work a specified
number of hours which are less than those prescribed for a full-time employee.
(ii) Employees
engaged under Part C of this clause shall be paid an hourly rate calculated on
the basis of one thirty-eighth of the appropriate rate prescribed by Part A,
with a minimum payment of two hours for each start and one thirty-eighth of the
appropriate allowances prescribed by Clause 15, Uniform and Laundry Allowances,
if applicable but shall not be entitled to an additional day off or part
thereof as prescribed by Clause 6, Hours of Work.
(iii) Employees
engaged under Part C of this clause shall be entitled to all other benefits of
this award not otherwise expressly provided for herein in the same proportion as
their ordinary hours of work bear to full-time hours.
(iv) Employees
engaged under Part C of this clause are entitled to contribute to the
appropriate superannuation scheme subject to the requirements of relevant
legislation.
(v) A permanent
part-time employee will progress to the next incremental step every 12 months
from the date of commencement of employment, provided the work performed by the
employee outside the scope of the part-time agreement is commensurate with the
experience of a full-time employee and is acceptable to the Employer. This
subclause does not preclude accelerated progression.
4. Salary Increases
and Work Value
The Corporation and the Associations agree that during the
term of this Award the rates payable to Career Medical Officers will be
increased by the same percentage increases (including retrospective
adjustments) as may apply from time to time to the classification of Medical
Officer under the Health Professional and Medical Salaries (State) Award.
The Corporation and the Associations acknowledge that all
work value increases for the period up to 1 July 2004 are recognised by this
Award, and shall not form the basis of any future claims.
5. In-Charge
Allowance
An allowance as set out in Item 1 of Table 1 - Allowances shall
be paid to officers for each twelve hours of duty or part thereof of continuous
in-charge duty for responsibility for after hours medical services. This
allowance shall be varied in accordance with increases in salary rates under
this Award.
6. Hours of Work
(i) The ordinary
hours of work shall not exceed an average of 38 hours per week. This shall be
achieved by rostering officers for duty over either forty hours in any period
of seven consecutive days or eighty hours in any period of fourteen consecutive
days and, in addition, then granting officers roster leave additional to that
prescribed in subclause (ii) of this clause to the extent of one additional day
per calendar month. Such additional roster leave may accumulate to a maximum of
twelve days and shall be granted in multiples of one day for periods ranging
from one day to two weeks. Upon termination of employment an officer shall be
paid the monetary value of any untaken additional roster leave, calculated at
the officer’s ordinary time rate of pay as prescribed by Clause 3, Salaries.
(ii) Officers
shall be free from ordinary hours of duty for not less than two days in each
week or where this is not practicable, four days in each fortnight. Where
practicable, days off shall be consecutive and where possible additional
rostered days off shall be combined with other rostered time off.
(iii) No shift
shall be less than eight hours in length on a weekday or less than four hours
in length on a Saturday, Sunday or public holiday.
(iv) No broken or split
shifts shall be worked.
(v) All time
worked in excess of ten hours in any one shift shall be paid as overtime.
(vi) Where in any
pay period, an officer is not employed by a hospital for the whole of the pay
period, the ordinary hours of work for the purpose of calculating salary for
that pay period (i.e., 38 or 76 hours) will be adjusted by the following
factor, rounded to the nearest whole number -
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Number of calendar days
employed
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Number of calendar days in
pay period
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(vii) Officers shall
be given at least two weeks' notice of rosters to be worked in relation to
ordinary hours of work and also where practicable, in relation to additional
(overtime) rostered hours of work, provided that a hospital may change the
rosters without notice to meet any emergent situation. This subclause shall not
apply in respect of the granting by hospitals of additional roster leave
pursuant to this clause.
(viii) In the
interests of patient care and the health and welfare of medical staff, officers
shall have a break from duty for the purpose of taking a meal. There shall be a
uniform meal break of 30 minutes except where locally agreed arrangements for a
longer period are made (which shall not exceed one hour).
(ix) If officers
are required to work during their meal breaks they shall be paid for the time
worked. Unless the employee is permitted to finish duty early on the same shift
then overtime becomes payable once the total ordinary work time of the shift
has elapsed.
(x) Medical
administrators are to establish simple and effective procedures in consultation
with officers to record when staff are required to work through their meal
breaks and to ensure that payment is made.
7. Penalty Rates
Any ordinary hours worked between the following hours shall
be paid at ordinary time plus the appropriate penalty rate:
(i) Hours worked
between 6.00 pm and midnight, Monday to Friday - 12.5%.
(ii) Midnight and
8.00 am, midnight Sunday to midnight Friday - 25%.
(iii) Midnight
Friday and midnight Saturday - 50%.
(iv) Midnight
Saturday and midnight Sunday - 75%.
8. Time Worked
Time worked means the time during which an officer is
required by a hospital to be in attendance at a hospital for the purpose of carrying
out such functions as the hospital may call on him/her to perform, and it shall
include times when the officer, in waiting to carry out some active functions,
is studying or resting or sleeping or engaged in any other activity.
Provided that time worked does not include uninterrupted
breaks allowed and actually taken for meals.
Provided further that where an officer attends of his/her
own volition outside of hours rostered on duty, or where an officer remains in
attendance when formally released from the obligation to perform professional
duties, the hospital shall not be liable to make any payment for such
attendance.
9. Overtime
(i) All time
worked by officers in excess of the ordinary hours specified in clause 6, Hours
of Work, shall be paid at the rate of time and one half for the first two
hours, and double time for the remaining hours worked, provided that all
overtime performed on a Sunday shall be at double time.
(ii) All time
worked by employees employed pursuant to Part C, Permanent Part-Time Career
Medical Officers, of clause 3, Salaries, in excess of the rostered daily
ordinary hours of work prescribed for the majority of full-time employees
employed on that shift shall be paid at the appropriate overtime rate
prescribed herein. Time worked up to the rostered daily ordinary hours of work
prescribed for a majority of the full-time employees employed on the shift
concerned shall not be regarded as overtime but an extension of the contract
hours for that day and shall be paid at the ordinary rate of pay.
(iii) An officer
who works authorised overtime and was not notified on or prior to his/her
previous shift of the requirement to work such overtime shall be paid in
addition to payment for such overtime the meal allowance set out in Department
of Health Information Bulletin 2004/6, as amended from time to time:
(a) for breakfast
when commencing such overtime work at or before 6.00 am;
(b) for an evening
meal when such overtime is worked for at least one hour immediately following
his/her normal ceasing time, exclusive of any meal break and extends beyond or
is worked wholly after 7.00 pm;
(c) for luncheon
when such overtime extends beyond 2.00 pm on Saturdays, Sundays or holidays;
or shall be provided with adequate meals in lieu of such
payments.
(iv) Provided
however that an officer employed in a community health facility shall be
granted time in lieu of overtime payments.
Such time in lieu shall be taken within three months of accrual and at
ordinary time. If such accrued time in lieu is unable to be taken within the
three month period, it is to be paid out at the end of the three month period
in accordance with subclause (i) above at the current rates of pay then
applying.
10. On-Call and
Call-Back
(i) An
"on-call period" is a period during which an officer is required by
the employer to be on-call. No employee shall be required to remain on call
while on leave.
(ii) For the
purposes of calculation of payment of on-call allowances and for call-back duty,
an on-call period shall not exceed 24 hours.
(iii) An officer
shall be paid for each on-call period which coincides with a day rostered on
duty an allowance as set out in Item 2 of Table 1 – Allowances and for each
on-call period coinciding with a rostered day off an allowance as set in the
said Item 2 with a maximum payment as set out in the said Item 2 per week.
These allowances shall be varied in accordance with increases in salary rates
under this Award.
(iv) An officer who
is called back for duty shall be paid for all time worked at the appropriate
overtime rate, with a minimum of four hours at such rates. If an officer is
called back on more than one occasion during the call back period for which he
or she is paid, the officer will not be entitled to further payment until the
expiration of the four hour payment period.
(v) The amounts
specified in subclause (iii) shall be taken to include expenses incurred in
taking telephone calls at one's own residence and other expenses incurred being
available for emergency duty.
11. Annual Leave
(i) All officers
shall be allowed four calendar weeks leave of absence on full pay in respect of
each twelve months service as defined in this Award plus one day on full pay in
respect of each public holiday occurring within the period of such leave.
(ii) Officers who
are required to work on Sundays and/or public holidays during a qualifying
period of employment for annual leave purposes shall be entitled to receive
additional annual leave in respect of each complete period of eight hours so
worked as follows:
(a) if 35 or more
such periods on such days have been worked - one week;
(b) if less than
35 such periods on such days have been worked - leave proportionately
calculated on the basis of 38 hours leave for 35 such periods worked;
(c) work performed
by reason of call-backs pursuant to clause 9, Overtime, shall be disregarded
when assessing an officer’s entitlement under this subclause.
(d) The
calculations referred to in paragraphs (a) and (b) of this sub-clause shall be
made to the nearest one-fifth of the ordinary hours worked, half or more than
half of one-fifth being regarded as one-fifth and less than half being
disregarded.
(iii) Annual leave
shall be given and shall be taken within a period of six months after the date
when the right to annual leave accrued; provided that the giving and taking of
the whole or any separate period of such annual leave may, by mutual agreement
between the employer and the officer, be postponed for a further period not exceeding
six months.
(iv) If the officer
and the employer so agree, the annual leave or any such separate periods may be
taken wholly or partly in advance before the officer has become entitled to
that leave, but where leave is taken in such circumstances a further period of
annual leave shall not commence to accrue until the expiration of the twelve
months in respect of which the annual leave or part thereof has been so taken.
(v) Except as
provided by this clause, payment shall not be made to an officer in lieu of any
annual leave or part thereof nor shall any such payment be accepted by the
officer.
(vi) The officer
shall be given at least two months notice of the date from which his/her annual
leave is to be taken.
(vii) Each officer shall
be paid before entering upon annual leave his/her ordinary rate of salary for
the period of leave.
(viii) Where the
employment of an officer is terminated, the officer shall be entitled to
receive proportionate payment for each completed month of service, together
with such additional annual leave entitlements due under sub clause (ii). All
payments are to be made at the rate of salary to which such officer is entitled
under this Award.
(ix) Where the
annual leave under this clause or any part thereof has been taken in advance by
an officer pursuant to sub clause (iv), of this clause; and
(a) the employment
of the officer is terminated before he/she has completed the year of employment
in respect of which such annual leave or part thereof was taken; and
(b) the sum paid
to the officer as ordinary pay for the annual leave or part so taken in advance
exceeds the sum which the employer is required to pay to the officer under sub
clause (viii) of this clause, the employer shall not be liable to make any
payment to the officer under the said sub clause (viii); and
shall be entitled to deduct the amount of such excess
from any remuneration payable to the officer upon the termination of the
employment.
(x) Any annual
leave which had accrued to an officer employed immediately prior to the
operative date of this Award under the provisions then in force and who
continues in employment under this Award shall remain to his/her credit and
such leave may be allowed as provided in this clause in addition to any other
leave which has accrued to an officer under the provisions of this clause.
(NOTATION: The conditions under which the annual leave
loading shall be paid to officers are the same as generally applied through
circulars issued by the Corporation).
12. Public Holidays
(i) Public
Holidays shall be allowed to officers on full pay.
(ii) Where an
officer is required to and does work on any of the public holidays, as set out
in this clause, the officer shall have one day added to the period of his/her
annual leave for each public holiday so worked unless time off in respect of
time worked on any such public holiday has already been granted to the
officer. The provisions of this sub
clause shall also apply to officers where a public holiday falls on a rostered
day off.
(iii) For the
purpose of this clause, the following shall be deemed to be public holidays:
New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter Monday,
Anzac Day, Queen's Birthday, Labour Day, Christmas Day, Boxing Day, or in lieu
of any such day any holiday proclaimed in lieu thereof, together with any other
day duly proclaimed as a special day and observed as a public holiday within
the area in which the hospital in which the officer is employed is situated.
(iv) All hours worked
on public holidays shall be paid at the rate of time and one half.
13. Sick Leave
(i) An officer
shall be allowed sick leave on full pay calculated by allowing 76 rostered ordinary
hours of work for each year of continuous service less any sick leave on full
pay already taken subject to the following conditions:
(a) The employer
may require the sickness to be certified to by the medical superintendent or by
a legally qualified medical practitioner, approved by the hospital, or may
require other satisfactory evidence thereof. This requirement shall be
dispensed with where the absence does not exceed two consecutive days.
(b) An officer
shall not be entitled to sick leave until the expiration of three months'
continuous service.
(c) Each officer
shall take all reasonably practicable steps to inform the employer of his or
her inability to attend for duty and as far as possible state the estimated
duration of the absence. Where practicable such notice shall be given within
twenty-four hours of the commencement of such absence.
(d) An officer
shall not be entitled to sick leave on full pay for any period in respect of
which such officer is entitled to workers' compensation; provided, however, an
employer shall pay to an officer who has sick leave entitlements under this
clause, the difference between the amount received as workers' compensation and
full pay, if the employee elects such payment. The officer’s sick leave
entitlements under this clause shall, for each week during which such
difference is paid, be reduced by that proportion of hours which the difference
paid bears to full pay. On the expiration of available sick leave, weekly
compensation payments only shall be payable.
(e) An officer not
eligible for sick leave during periods when he/she would have normally been
rostered on overtime shifts.
(ii) Continuous
service for the purpose of this clause shall be calculated in the same manner
as provided for in paragraph (a) of subclause (ii) of Clause 19, Long Service
Leave.
(iii) Full pay for
the purpose of this clause shall include the uniform allowance where payable
under clause 15, Uniform and Laundry Allowance.
(iv) Sick leave as
defined shall accrue and be transferable between hospitals, at the rate of 76
rostered ordinary hours of work per year of continuous service, minus leave
taken.
(v) Any sick leave
which had accrued to an officer employed immediately prior to the operative
date of this Award, under the provisions then in force and who continues in
employment under this Award shall remain to his/her credit and such leave may
be allowed as provided in this clause in addition to any other leave which has
accrued to an officer under the provisions of this clause.
(vi) Subject to the
provision of a satisfactory medical certificate and sick leave being due,
annual or long service leave shall be re-credited where an illness of at least
a week’s duration occurs during the period of annual or long service leave,
provided that the period of leave does not occur prior to retirement,
resignation or termination of service.
14.
Personal/Carer’s Leave, Family and Community Services Leave
Employees shall be granted
Personal/Carer's Leave, Family and Community Services Leave in accordance with
Health Department Circular No 97/11, as amended from time to time.
15. Uniform and
Laundry Allowances
(i) Sufficient
suitable and serviceable uniforms shall be provided for each officer required
to wear a uniform and such uniforms shall be laundered at the expense of the
hospital.
(ii) Where a
hospital requires a uniform to be worn but does not provide such uniform, the
following allowances shall be paid:
(a) where a full
uniform, including special shoes, is required, an amount per week as set in
Item 3 of Table 1 - Allowances;
(b) in other
cases, an amount as also set in Item 3 of Table 1.
16. Continuing
Medical Education
(i) After 12
months employment, a Career Medical Officer shall be entitled to 7 days of paid
leave per annum for the purposes of Continuing Medical Education and
professional development. This
entitlement can accrue to a maximum of 21 days. The value of such leave is not
payable on termination.
(ii) The approval
of the employer is required for such leave, which must not interfere with the
maintenance of essential services and patient care. Approval shall not be
unreasonably withheld.
(iii) The
Continuing Medical Education or professional development activities undertaken
during such paid leave must be relevant to the position occupied by the
officer.
(iv) Expenses
associated with such leave are to be reimbursed by the employer, provided that
no expenses or allowances shall be payable in respect of travel or
accommodation outside Australia, except in respect of courses run under the
auspices of a recognised Australasian Specialist College in New Zealand. The provisions of the NSW Health Official
Travel Circular shall apply to any travel under this clause.
(v) Expenses shall
be reimbursed where the approved Continuing Medical Education or professional
development activity falls on days that would not otherwise be working
days.
17. Settlement of
Disputes
(i) Where a
dispute arises in a particular section which cannot be resolved between the
employees or their representative and the supervising staff, it shall be
referred to the chief executive officer of the hospital or establishment or
his/her nominee, who will arrange for the matter to be discussed with the
employees concerned and a local representative or representatives of the
Association.
(ii) Failing
settlement of the issue at this level, the matter shall be referred to the Health
Administration Corporation and the Head Office of the Association(s). The
dispute will then be dealt with pursuant to subclause (v) of this clause.
(iii) While these
procedures are continuing, no stoppage of work or any form of ban or limitation
of work shall be applied. Unless agreed otherwise by the parties the status quo
before the emergence of the issue must continue while these procedures are
being followed. For this purpose “status quo” means the work procedures and
practice in place:
(a) immediately
before the issue arose; or,
(b) immediately
before any change to those procedures or practices, which caused the issue to
arise, was made.
(iv) The
Association(s) reserve(s) the right to vary this procedure where it is
considered a safety factor is involved.
(v) With a view to
an amicable and speedy settlement, all disputes that firstly cannot be settled
in accordance with subclauses (i) and (ii) of this clause may be submitted to a
committee consisting of not more than six members with equal representatives of
the Corporation and the Association(s). Such committee shall have the power to
investigate all matters in dispute and to report to the Chief Executive Officer
and the Association(s) respectively with such recommendation as it may think right
and in the event of no mutual decision being arrived at by such committee, the
matter in dispute may be referred to the industrial committee.
(vi) This clause
shall not interfere with the rights of either party to institute proceedings
for the determination of any matter in accordance with the Industrial
Relations Act 1996.
18. Travelling
Allowances
(i) An officer
seconded to another hospital may be granted a daily travel allowance at the
rate of the difference between the cost of travel by public transport to
his/her normal place of employment and travel by public transport to the
seconding hospital. Provided that where an officer drives his/her own vehicle,
he/she shall, in lieu, be eligible for an allowance equivalent to the transport
allowance rate payable to members of the New South Wales Public Service as
determined by the Authority from time to time, for the difference between the
distance to his/her normal place of employment and the distance to the
seconding hospital.
(ii) An officer
who, with the approval of the chief executive officer, uses on official
business, a motor vehicle maintained primarily for other than official
business, shall be paid the abovementioned allowance from time to time
effective. However, where it is estimated that an officer will, with the
approval of the chief executive officer, be required to use his/her private
vehicle on official business on at least 50 days during any period of 12 months
and during that period aggregate at least 805 kilometres of official running,
he/she shall be paid at the official business rate prescribed by the Regulation
of the Authority at the rate in force from time to time throughout the year.
(iii) For the
purpose of sub-clause (ii) travel on official business:
(a) occurs when an
officer is required by the chief executive officer as part of his/her duty to
use his/her motor vehicle to attend away from his/her normal place of
employment or seconding hospital to another clinic, annexe or hospital. Where an officer travels on official business
direct from his/her place of residence to a clinic, annexe or hospital, other
than his/her normal place of employment he/she shall be paid for the difference
between the distance to his/her normal place of employment or seconding
hospital and that other annexe, clinic or hospital;
(b) does not
include "call backs";
(iv) Nothing in
this clause shall make the employer liable for the cost of the officer’s daily
travel to his/her usual and normal place of employment.
NOTATION:
(1) For conditions
relating to secondments see relevant Departmental circulars.
(2) Travelling
compensation applies to staff required to work at centres other than their
headquarters).
19. Long Service
Leave
(i)
(a) Each officer
shall be entitled to two months' long service leave on full pay after ten
years' service; thereafter additional long service leave shall accrue on the
basis of five months' long service leave for each ten years' service.
(b) Where the
services of an officer with at least five years' service as an adult and less
than ten years' service are terminated by the employer for any reason other
than the officer’s serious and wilful misconduct, or by the officer on account
of illness, incapacity or domestic or other pressing necessity, he/she shall be
entitled to be paid a proportionate amount for long service leave on the basis
of two months' long service leave for ten years' service.
(ii) For the
purposes of sub-clause (i) of this clause -
(a) "Service"
shall mean continuous service in one or more hospitals. For the purpose of this
paragraph, continuous service shall have the same meaning as in the Transferred
Officers Extended Leave Act 1961.
(b) Provided that
broken periods of service in one or more hospitals shall count as service
subject to the following:
(1) Where an
officer after ceasing employment in a hospital subsequent to the 1st July,
1974, any service of that officer before he/she was so re-employed shall not be
counted for the purpose of determining any long service leave due to that officer
in respect of his/her service after he/she was so re-employed.
(2) Where an
officer, after ceasing employment in a hospital is re-employed in a hospital
subsequent to the 1st July, 1974, any service of that officer before he/she was
so re-employed shall not be counted for the purpose of determining any long
service leave due to that officer in respect of his/her service after he/she
was so re-employed unless he/she has completed at least five years' continuous
service from the date of his/her being so re-employed.
(c) Service shall
not include -
(1) any period of
leave without pay except in the case of officers who have completed at least
ten years service (any period of absence without pay being excluded there from)
in which case service shall include any period of leave without pay not
exceeding six months taken after 1st July, 1974;
(2) any period of
part-time service, except permanent part-time service as per clause 3,
Salaries, Part C.
(iii) Long service leave
shall be taken at a time mutually arranged between the employer and the
officer.
(iv)
(a) On the
termination of employment of an officer, otherwise than by his/her death, an
employer shall pay to the officer the monetary value of all long service leave
accrued and not taken at the date of such termination and such monetary value
shall be determined according to the salary payable to the officer at the date
of such termination; provided that where an officer is transferring from one
hospital to another he/she may, if he/she so desires and by agreement with
his/her present employer and his/her proposed employer, be allowed to retain
his/her credit to long service leave in lieu of payment of the monetary value
under this sub-clause.
(b) Where an
officer who has acquired a right to long service leave, or after having had
five years service as an adult and less than ten years service, dies, the
officer’s Estate shall be entitled to receive the monetary value of the leave
not taken or which would have accrued to such officer had his/her services
terminated as referred to in subclause (i) (b), and such monetary value shall
be determined according to the salary payable to the officer at the time of
his/her death.
(v) Rights to long
service leave under this clause shall be in replacement of rights to long
service leave, if any, which at 1st July, 1974 may have accrued or may be
accruing to an officer and shall apply only to persons in the employ of the
employer on or after 1st July, 1974. Where an officer has been granted long
service leave or has been paid its monetary value prior to 1st July, 1974 the
employer shall be entitled to debit such leave against any leave to which the
officer may be entitled pursuant to this clause.
20. Maternity,
Parental and Adoption Leave
The provisions of Department of Health Policy Directive
PD2005_133 ‘Managing Parental Leave for Employees in the NSW Health System’ as
amended from time to time, shall apply.
21. Trade Union Leave
(i) Eligibility
Applies to members of the Association(s) accredited by
the Association(s) as delegates.
(ii) Paid Special
Leave
Paid special leave is available for attendance at:
(a) annual or
bi-annual conferences of the delegate’s union; and
(b) meetings of
the union’s executive/committee of management;
(c) authorised
union delegate meetings;
(d) annual
conference of the Labor Council of NSW;
(e) bi-annual
conference of the Australian Council of Trade Unions.
(iii) Limits
There is no limit on the special leave that could be applied
for or granted.
(iii) Responsibilities
of the Union Delegate
Responsibilities of the union delegate are:
(a) to establish
accreditation as a delegate with the union;
(b) to provide
sufficient notice of absence to the employer; and,
(c) to lodge a
formal application for special leave.
(v) Responsibilities
of the relevant Association
Responsibilities of the relevant Association are:
(a) to provide
documentary evidence to the employer about an accredited delegate in sufficient
time to enable the employer to make arrangements for performance of duties;
(b) to meet all
travelling, accommodation and any other costs incurred by the accredited
delegate; and,
(c) to provide the
employer with confirmation of attendance of attendance of the accredited
delegate.
(vi) Responsibilities
of the Employer
Responsibilities of the employer are:
(a) to release the
accredited delegate for the duration of the conference or meeting;
(b) to grant
special leave (with pay); and,
(c) to ensure that
the duties of the absent delegate are performed in his/her absence, if
appropriate.
(vii) Period of
Notice
Generally, dates of conferences or meetings are known
well in advance and it is expected that employers would be notified as soon as
accreditation has been given to a delegate or at least two weeks before the
date of attendance.
Where extraordinary meetings are called at short
notice, a shorter period of notice would be acceptable, provided such notice is
given to the employer as soon as advice of the meeting is received by the
accredited delegate.
(viii) Travel Time
Where a delegate has to travel to Sydney, inter or
intra state, to attend a conference or meeting, special leave will also apply
to reasonable travelling time to and from the venue of the conference or
meeting.
No compensation, such as time off in lieu, is to be
provided if travel can be and is taken on an accredited delegate’s non-working
day or before or after their normal hours of work.
(ix) Payment of
Allowances
No allowances will be claimable in cases of special
leave granted for attendance at union conferences or executive meetings covered
by this Clause – see also subclause (v) above.
22. 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 deskilling.
(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 sub-clause (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. In no circumstances shall an
employee’s salary be reduced by the application of this clause.
23.
Anti-Discrimination
(i) It is the
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 and age.
(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.
24. Redundancy -
Managing Displaced Employees
Employees shall be entitled to the provisions of Health
Department Policy Directive PD2005_517 ‘Displaced Employees - Managing’, as
amended from time to time.
25. Area, Incidence
and Duration
This Award rescinds and replaces The Public Hospital (Career
Medical Officers) (State) Award published 3 August 2001 (326 IG 811) and all
variations thereof.
This Award shall apply to all officers as defined herein,
and shall take effect on and from the beginning of the first pay period to
commence on or after 26 May 2005 and it shall remain in force thereafter for a
period of three years.
The provisions of this Award do not apply to medical
officers who are employed as Interns, Resident Medical Officers, Registrars or
Senior Registrars.
PART B
Table 1 -
Allowances
|
Item No.
|
Clause No.
|
Brief Description
|
Amount $
|
|
1
|
5
|
In charge Allowance
|
23.00
|
|
2
|
10(iii)
|
On-call Allowance per on-call period which
|
25.00
|
|
|
|
coincides with a day rostered on duty
|
|
|
|
|
|
|
|
|
|
On-call Allowance per on-call period
|
50.00
|
|
|
|
which coincides with a rostered day off
|
|
|
|
|
|
|
|
|
|
per week
|
175.00
|
|
3
|
15(ii)(a)
|
Uniform Allowance -
|
|
|
|
|
|
|
|
|
|
Full Uniform including special shoes if
|
2.30 per week
|
|
|
|
required
|
|
|
|
|
|
|
|
|
|
Other cases
|
1.70 per week
|
R. P. BOLAND J.
____________________
Printed by
the authority of the Industrial Registrar.