Public Hospitals (Professional and Associated Staff) Conditions of Employment (State) Award

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

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

 

(No. IRC 198 of 2012)

 

 

REVIEWED AWARD

 

1.        Delete the Arrangement of the award published 24 April 2009 (367 I.G. 1365) and insert in lieu thereof the following:

 

Arrangement

 

Clause No.       Subject Matter

 

1.        Definitions

2.        Hours

3.        Roster of Hours

4.        Climatic and isolation allowance

5.        Part-time Employees

6.        Board and Lodging

7.        Relieving Other Members of Staff

8.        Overtime

8A.     On Call - Physiotherapists, Occupational Therapists and Speech Pathologists

8B.     On Call Allowance - Social Workers and Sexual Assault Workers

8C.     Call-Out Allowance - Social Workers and Sexual Assault Workers

9.        Penalty Rates for Shift Work and Weekend Work

10.      Meals

11.      Public Holidays

12.      Annual Leave

13.      Long Service Leave

14.      Sick Leave

15.      Payment and Particulars of Salary

16.      Termination of Employment

17.      Accommodation and Amenities

18.      Inspection of Lockers of Employees

19.      Uniforms and Protective Clothing

20.      Promotions and Appointments

21.      New Positions

22.      Notice Board

23.      Mobility, Excess Fares and Travelling

24.      Disputes

25.      Family and Community Services Leave and Personal/Carer’s Leave

26.      General Conditions

27.      Maternity, Adoption and Parental Leave

28.      Union Representative

29.      Blood Count

30.      Exemptions

31.      Anti-Discrimination

32.      Redundancy-Managing Displaced Employees

33.      Labour Flexibility

34.      Salary Packaging

35.      Salary Sacrifice to Superannuation

36.      Reasonable Hours

37.      Induction and Orientation

38.      Area, Incidence and Duration

 

PART B

 

MONETARY RATES

 

Table 1 - Rates and Allowances

 

2.        Delete the definition of "Public Health Organisation" in clause 1, Definitions, and insert in lieu thereof the following:

 

"Public Health Organisation" means an organisation defined in section 7 of the Health Services Act 1997 as follows:

 

(a)      a Local Health District; or

 

(b)      a statutory health corporation; or

 

(c)      an affiliated health organisation in respect of its recognised establishments and recognised services.

 

3.        Delete the definition of "Union" in clause 1, and insert in lieu thereof the following:

 

"Union" means HSUeast.

 

4.        Delete subclause (viii) of clause 8, Overtime, and insert in lieu thereof the following:

 

(viii)    An employee recalled to work overtime as prescribed by subclause (ii), of this clause shall be paid all fares and expenses reasonably incurred in travelling to and from his/her place of work.  Provided further that where an employee elects to use his/her own mode of transport, he/she shall be paid an allowance equivalent to the "Transport Allowance" as provided by Determination made under the Health Services Act 1997, as varied from time to time.

 

5.        Delete clause 10, Meals and insert in lieu thereof the following:

 

10.  Meals

 

(i)       Time not exceeding one hour and not less than thirty minutes shall be allowed for each meal, provided that where an employee is called upon to work for any portion of his/her meal break such time shall count as part of his/her ordinary working hours.

 

(ii)       An employee who works authorised overtime shall be paid in addition to payment for such overtime:

 

(a)      An amount set in Item 3 of Table 1 for breakfast when commencing such overtime work at or before 6.00 a.m.;

 

(b)      An amount set in Item 4 of Table 1 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 p.m.;

 

(c)      An amount as set in Item 5 of Table 1 for luncheon when such overtime extends beyond 2.00 p.m. on Saturdays, Sundays or public holidays;

 

or shall be provided with adequate meals in lieu of such payment.  The rates prescribed by this subclause shall be varied as the equivalent rates are varied from time to time in the Crown Employees (Public Service Conditions of Employment) Award.

 

(iii)      Where practicable employees shall not be required to work more than four hours without a meal break.

 

6.        Delete the "Notation" appearing at end of clause 12, Annual Leave, and insert in lieu thereof the following:

 

"NOTATION" - The conditions under which the annual leave loading shall be paid to employees are the same as generally applied through circulars issued by the Ministry of Health.

 

7.        Delete paragraph (d) of subclause (ii) of clause 23, Mobility Excess Fares and Travelling, and insert in lieu thereof the following:

 

(d)      Where the employee is required to report to an alternative place of work and has the prior approval of the employer to travel by his/her own mode of conveyance, the employee shall be paid a kilometre allowance for kilometres travelled in excess of the kilometres the employee normally travels between the accustomed place of work and home.  The kilometre allowance will be as prescribed from time to time in the Crown Employees (Public Service Conditions of Employment) Award.

 

8.        Delete paragraph (d) of subclause (iii) of clause 23, and insert in lieu thereof the following:

 

(d)      If there is a disagreement about such decision after discussion or if a significant number of employees are involved, the matter should be referred to the Ministry of Health, which will discuss the matter with the Union and will determine the date upon which notice will be given to employee(s).

 

9.        Delete paragraph (b) of subclause (iv) of clause 23, and insert in lieu thereof the following:

 

(b)      If a reliever, with the prior approval of employer, travels by his/her own mode of conveyance and incurs travelling costs in excess of *$5 per day to and from the relief site, such excess shall be reimbursed.  The rate applicable shall be the kilometre allowance prescribed from time to time in the Crown Employees (Public Service Conditions of Employment) Award,  less *$5.

 

*         This $5 shall be reviewed annually by the employer.

 

10.      Delete clause 32, Redundancy - Managing Displaced Employees, and insert in lieu thereof the following:

 

32. Redundancy - Managing Displaced Employees

 

Employees shall be entitled to the provisions of Ministry of Health Policy Directive 2007_085 - Managing Displaced Staff of the NSW Health Service, as amended from time to time.

 

11.      Delete subclause (iv) and (v) of clause 34, Salary Packaging, and insert in lieu thereof the following:

 

(iv)      The salary packaging scheme utilises a fringe benefit taxation exemption status conferred on public hospitals and Local Health Districts, which provides for a fringe benefit tax exemption cap of $17,000 per annum. The maximum amount of fringe benefits-free tax savings that can be achieved under the scheme is where the value of benefits when grossed-up, equal the fringe benefits exemption cap of $17,000. Where the grossed-up value exceeds the cap, the employer is liable to pay fringe benefits tax on the amount in excess of $17,000, but will pass this cost on to the employee. The employer’s share of savings, the combined administration cost, and the value of the package benefits, are deducted from pre-tax dollars.

 

(v)      The parties agree that the application of the fringe benefits tax exemption status conferred on public hospitals and Local Health Districts is subject to prevailing Australian taxation laws.

 

12.      Delete subclause (i) of clause 35, Salary Sacrifice, and insert in lieu thereof the following:

 

(i)       Notwithstanding the salaries prescribed in the relevant salary awards as varied from time to time, an employee may elect, subject to the agreement of the employee’s employer, to sacrifice a part or all of the salary payable under the relevant award to additional employer superannuation contributions. Such election must be made prior to the commencement of the period of service to which the earnings relate. The amount sacrificed together with any salary packaging arrangements under Clause 34, Salary Packaging, of this award may be made up to one hundred (100) per cent of the salary payable under the relevant salaries clause, or up to one hundred (100) per cent of the currently applicable superannuable salary, whichever is the lesser.

 

In this clause, ‘superannuable salary’ means the employee’s salary as notified from time to time to the New South Wales public sector superannuation trustee corporations.

 

13.      Delete clause 37, No Extra Claims, and renumber existing clauses accordingly.

 

14.      Delete the existing clause 39, Area, Incidence and Duration, and insert in lieu thereof the following:

 

38, Area, Incidence and Duration

 

(i)       This Award rescinds and replaces the Public Hospital Professional and Associated Staff Conditions of Employment (State) Award published 3 March 2006 (357 IG 708) and all variations thereof.

 

(ii)       This Award shall apply to persons employed in classifications contained herein in the following so listed awards, employed in the NSW Health Service under section 115(1) of the Health Services Act 1997, or their successors, assignees or transmittees, excluding the County of Yancowinna.

 

Health and Community Employees Psychologists (State) Award

 

Health Employees Dental Officers (State) Award

 

Health Employees Dental Prosthetists and Dental Technicians (State) Award

 

Health Employees Oral Health Therapists (State) Award

 

NSW Health Service Health Professionals (State) Award, excluding diversional therapists and orthotists/prosthetists

 

Public Hospital Dental Assistants (State) Award

 

Public Hospital Library Staff (State) Award

 

Public Hospital Medical Record Librarians (State) Award

 

Public Hospital Professional Engineers (Biomedical Engineers) (State) Award

 

(iii)      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) take effect on 19 March 2012.

 

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

 

15.      Delete the amount "$23.60" appearing in Items 3, 4, and 5 of Part B, Table 1 - Rates and Allowances and insert in lieu thereof the following:

 

"$26.45"

 

 

 

 

C. G. STAFF  J.

 

____________________

 

 

Printed by the authority of the Industrial Registrar.