Public Health Service Employees Skilled Trades (State) Award (Incorporating the Ambulance Service of NSW Skilled Trades)

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

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

 

(No. IRC 189 of 2012)

 

 

REVIEWED AWARD

 

1.        Delete the fourth paragraph in clause 3, Classification Structure and Labour Flexibility, of the award published 30 December 2011 (371 I.G. 1643) and insert in lieu thereof the following:

 

Approved Courses - are TAFE courses and any others that the Employer approves. Ministry of Health Study Leave provisions apply. Courses approved however must relate to the acquisition of new skills (performing additional functions) and not simply the modernisation or updating of current work practices or methods (performing the same functions better/differently - for example, personal OH&S related courses, updated inventory or programmed maintenance systems, new computer software etc).

 

2.        Delete paragraph (iii) of subclause (c) of clause 4B, Secure Employment and insert in lieu thereof the following:

 

(iii)      Nothing in this subclause (c) is intended to affect or detract from any obligation or responsibility upon a labour hire business arising under the Workplace Health and Safety Act 2011 or the Workplace Injury Management and Workers Compensation Act 1998.

 

3.        Delete paragraph (b) of subclause (v) of clause 5, Overtime and insert in lieu thereof the following:

 

(b)      An employee recalled to work overtime as prescribed by paragraph (a) of this subclause shall be paid all fares and expenses reasonable 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, the employee shall be paid a Transport Allowance as provided by Determination made under the Health Services Act 1997, as varied from time to time.

 

4.        Delete paragraph (c) of subclause (xvii) of clause 10, Special Rates and insert in lieu thereof the following:

 

(c)      Where there is an absence of adequate natural ventilation, the employer shall provide ventilation by artificial means and/or supply an approved type of respirator and in addition protective clothing shall be supplied where recommended by the Ministry of Health, New South Wales.

 

5.        Delete subclauses (ii) and (iii) of clause 14, Excess Fares and Travelling Time and insert in lieu thereof the following:

 

(ii)      An employee who, with the approval of the employer, uses his/her own means of transport for travelling to or from outside jobs, shall be paid a Transport Allowance as provided by Determination made under the Health Services Act 1997, as varied from time to time. 

 

(iii)      Where the employer has determined that an employee or employees should report to a new accustomed place of work on a permanent basis, the decision must be discussed with the affected employee(s) and the local branch of the union prior to notice of changed accustomed place of work being given. Such discussions should include consideration of the impact of the change on affected employees.

 

The employer shall give the employee one calendar month's notice of the requirement to report to a new accustomed place of work.

 

Where the accustomed place of work is changed on a permanent basis by the employer, the employee shall report to the new accustomed place of work on the date specified by the employer.

 

Where a change to the accustomed place of work would impose unreasonable hardship on the employee, the employer may agree to apply the entitlements of PD2007_085, as amended or superseded from time to time, provided that such amendments or successors will not have force under this Award if they have the effect of providing a set of entitlements on this subject which are overall less beneficial than any relevant ‘test case’ decision as defined.

 

Do not have the effect of providing a set of entitlements which are overall less beneficial than any relevant ‘test case’ decision as defined.

 

If there is disagreement about such decision after such discussion or if a significant number of employees are involved, the matter may be referred to the Ministry of Health,  Workplace Relations Branch, and/or, the Industrial Relations Commission consistent with the Issues Resolution Procedure.

 

6.        Delete subclause (ii) of clause 18, Special Conditions and insert in lieu thereof the following:

 

(ii)      All rope and gear shall be of sound material, used or stored in such a way that it does not come in contact with sharp edges, acid or acid fumes.  At all times, the regulation under the Workplace Health and Safety Act 2011 shall be complied with.

 

7.        Delete subclause (i) of clause 27, Transport of Employee’s Tools and insert in lieu thereof the following:

 

(i)       Where an employee in the course of a normal working day is required to travel from one location to another, or from place to place outside of workplace precincts the employer shall provide transport for the employee and all necessary tools of trade.  However, should the employee, with the approval of the employer, use his/her/her own means of transport then they shall be entitled to a Transport Allowance as provided by Determination made under the Health Services Act 1997, as varied from time to time. 

 

8.        Delete subclause (vi) of clause 28, Annual Leave and insert in lieu thereof the following:

 

(vi)     Employees shall be entitled to an annual leave loading of 17 per cent, or shift penalties as set out in subclause (v) of this clause, whichever is the greater.

 

The conditions relating to the grant of leave loading are set out in the Ministry of Health Circulars 74/166 and 75/251.

 

9.        Delete subclauses (i) to (iv) of clause 31, Miscellaneous Leave Conditions and insert in lieu thereof the following:

 

(i)       Employees shall be granted Repatriation Leave in accordance with Ministry of Health Policy Directive 2006_095, as it is amended or superseded from time to time, provided that such amendments or successors will not have force under this Award if they have the effect of providing a set of entitlements on this subject which are overall less beneficial than any relevant ‘test case’ decision as defined.

 

(ii)      Employees shall be granted Study Leave in accordance with Ministry of Health Policy Directive 2006_066, as it is amended or superseded from time to time, provided that such amendments or successors will not have force under this Award if they have the effect of providing a set of entitlements on this subject which are overall less beneficial than any relevant ‘test case’ decision as defined.

 

(iii)      Employees shall be granted Defence Leave in accordance with Ministry of Health Policy Directive 2006_013, as it is amended or superseded from time to time, provided that such amendments or successors will not have force under this Award if they have the effect of providing a set of entitlements on this subject which are overall less beneficial than any relevant ‘test case’ decision as defined.

 

(iv)     Employees shall be granted severance pay in accordance with the Ministry of Health Policy Directive 2007_085, as it is amended or superseded from time to time, provided that such amendments or successors will not have force under this Award if they have the effect of providing a set of entitlements on this subject which are overall less beneficial than any relevant ‘test case’ decision as defined.

 

10.      Delete subclauses a. to d. of clause 40, Area, Incidence and Duration and insert in lieu thereof the following:

 

a.        This Award shall apply to employees (and apprentices where specifically referred to) of the classifications mentioned in clause 2, Definitions who are employed by the Director General, NSW Ministry of Health. Such employment being within the state of New South Wales, excluding the County of Yancowinna, within the jurisdiction of the Public Hospitals Skilled Trades Industrial Committee.

 

b.        This Award replaces and rescinds the Public Health Service Employees Skilled Trades (State) Award (Incorporating the Ambulance Service of NSW Skilled Trades) published 11 April 2008 (365 IG 569) and all variations thereof.

 

c.        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 New South Wales on 28 April 1999 (310 IG 359) take effect on and from 4 April 2012.

 

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

 

 

 

 

C. G. STAFF  J.

 

 

 

 

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Printed by the authority of the Industrial Registrar.