Health Employees' Conditions of Employment (State) Award 2019

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

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

 

(Case No. 280470 of 2019)

 

 

REVIEWED AWARD

 

1.        Delete clause 32, Infectious Cleaning of the award published 1 November 2019 (Vol. 385 I.G.587) and insert in its place the following:

 

32.  Infectious Cleaning

 

(i)       This clause applies to non-clinical employees who in any shift:

 

(a)       perform cleaning duties in infectious areas; or

 

(b)      assist in the lifting and/or transporting of infectious patients.

 

(ii)      For the purposes of this clause:

 

(a)       an "infectious area" is one in which transmission-based precautions are required to be used;

 

(b)      an "infectious patient" is one in respect of whom transmission-based precautions are required to be used;

 

(c)       "transmission-based precautions" are those that are determined to be required in addition to standard precautions, in accordance with NSW Health Policy PD 2017_013 Infection Prevention and Control Policy, as amended or replaced from time to time;

 

(d)      an employee "performs cleaning duties" if they are employed in a role in which cleaning is the predominant or substantial responsibility. It does not encompass cleaning tasks that are incidental to, even if required as a consequence of, an employee’s core responsibilities;

 

(e)       an employee "assists in the lifting and/or transporting" of an infectious patient if they perform duties such as:

 

(1)       assisting to lift the patient out of bed, including through the use of lifting equipment, for showering or other personal health tasks;

 

(2)       transporting the patient within the ward, such as to the bathroom, or to other areas within the same Health Institution or Hospital;

 

(3)       transporting deceased patients to a mortuary; or

 

(4)       transporting patients in a motor vehicle.

 

(iii)     Employees who perform the duties described in subclause (i) will be paid an allowance as set in Item 47 of Table 1 - Other Rates and Allowances, of Part B, Monetary Rates. The allowance is payable once per shift, regardless of whether the employee performs the duties described in subclause (i) on more than one occasion during the shift.

 

(iv)     Employees are to be given the option of working in an infectious area (including working with an infectious patient). In the event of an employee declining to work in the infectious area, hospitals are to seek guidance from the employer.

 

(v)       Employees will be given training in infection control procedures, in accordance with NSW Health Policy PD 2017_013 Infection Prevention and Control Policy, as amended or replaced from time to time.

 

2.        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 I.G. 359) take effect on and from 10 August 2021.

 

 

 

N. CONSTANT, Chief Commissioner

D. SLOAN, Commissioner

J. WEBSTER, Commissioner

 

 

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Printed by the authority of the Industrial Registrar.