Health Industry Status of Employment (State) Award
2018
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(Case No. 288204 of 2018)
Before Chief Commissioner Kite
|
4 December 2018
|
REVIEWED
AWARD
1. Delete
subclause 1.1 of clause 1, Definitions, of the award published 5 July 2019 (384
I.G. 630) and insert in lieu thereof the following:
1.1 Employer means
the Secretary of the Ministry of Health exercising employer functions on behalf
of the Government of NSW (and includes a delegate of the Secretary).
2. Delete
subclause 1.9 of clause 1, and insert in lieu thereof the following:
1.9 Secretary means
the Secretary of the Ministry of Health.
3. Delete subclause
4.2 of clause 4, Arrangements, and insert in lieu thereof the following:
4.2 Conditions - Persons covered by clause 4.1 of
this clause will, for the duration of any existing part-time employment
contract and while remaining in their current position, retain existing
part-time provisions. They will not be
entitled to pro rata entitlements as outlined elsewhere within applicable
awards.
4. Delete
subclauses 6.2 and 6.3 of clause 6, Dispute Resolution, and insert in lieu
thereof the following:
6.2 If the matter is
not resolved within a reasonable time it must be referred by the Designated
Manager to the Chief Executive of the Health Service (or his or her nominee)
and may be referred by the employee to the Union's Head Office. Discussions at this level must take place
within a reasonable time with a view to resolving the issue in dispute. Failing
settlement of the issue at this level, the matter shall be dealt with in
accordance with subclause 6.3 of this clause.
6.3 With a view to
amicable and speedy settlement of all disputes that firstly cannot be settled
by a local management and the Union or its representatives, disputes may be
submitted to a committee consisting of not more than six members with equal
representation of the Secretary and the Union. Such committee shall have the
power to investigate all matters in dispute and to report to the Chief
Executive of the Health Service and the Union respectively, with such
recommendations as it may think right and in the event of no mutual decision being
arrived at by such a committee and if a dispute still exists the matter in
dispute may be referred to the Industrial Relations Commission in accordance
with the provisions of the Industrial
Relations Act 1996 by one of the disputing parties.
6. Delete subclauses
8.1, 8.2 and 8.3 of clause 9, Area, Incidence and Duration, and insert in lieu
thereof the following:
9.1 This Award
rescinds and replaces the Health Industry Status of Employment (State) Award
published 5 July 2019 (384 I.G. 630) and all variations thereof.
9.2 This Award shall
apply to persons employed in classifications as contained in the awards
identified in Schedule "A", as varied or replaced from time to time,
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.
9.3 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 4
December 2018.
This award remains in force until varied or rescinded,
the period for which it was made already having expired.
P. M. KITE , Chief Commissioner
____________________
Printed by
the authority of the Industrial Registrar.