Public
Hospital Professional Engineers' (Bio-medical Engineers) (State) Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Health
Services Union, Industrial Organisation of Employees.
(No. IRC 2089 of 2008)
Before Commissioner
McLeay
|
12 November 2008
|
AWARD
Arrangement
Clause No. Subject Matter
1. Definitions
2. Grading
Committee
3. Salaries
4. On Call
5. Exemptions
6. Anti-Discrimination
7. Conditions
of Service
8. Labour Flexibility
9. Area,
Incidence and Duration
1. Definitions
(i) "Biomedical
Engineer" means a person appointed as such having qualifications
acceptable to the Institution of Biomedical Engineers as an Associate, or such
other qualifications deemed by the employer to be appropriate.
(ii) "Director/Deputy
Director" means an officer appointed as Head of a Department or as
Second-in-Charge of a Department provided that such position is approved by the
employer and such officer having qualifications acceptable to the Institution
of Biomedical Engineers to be a member of such institution, or such other
qualifications deemed appropriate by the employer.
(iii) "Employer"
means the Director-General exercising employer functions on behalf of the
Government of NSW (and includes a delegate of the Director-General).
(iv) "Hospital"
means a public hospital as defined under section 15 of the Health Services
Act 1997.
(v) "Union"
means the Health Services Union.
(vi) "Service"
means service before and/or after commencement of this award as a biomedical
engineer in any one or more hospitals in New South Wales or any other hospital
deemed acceptable by the employer.
2. Grading Committee
A committee consisting of up to three representatives of the
employer and up to three representatives of the Union shall be constituted to
consider and recommend to the employer upon application by the Union or a
hospital:
(i) the grading of
any new position or any variation of grading of a position as a result of any
substantial change in duties and/or responsibilities; and
(ii) the date of
the effect of the grading recommended:
Provided that:
(i) an officer
shall, whilst the grading of his/her position is under consideration, be
ineligible to be a member of the Committee;
(ii) the committee
shall not, without sufficient reason, recommend the retrospective operation of
any grading or remuneration; and
(iii) where a
retrospective date of effect is recommended, such date shall not be earlier
than a date six months prior to the date on which the matter was referred to
the Committee.
3. Salaries
For current salaries refer Health Professional and Medical
(State) Award.
4. On Call
(i) An
"on-call period" is a period during which an officer is required by
the hospital where he or she is employed to be on call.
(ii) For the
purposes of calculation of payment of on-call allowance 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, an allowance which shall be at the
option of the employer, either per on-call period or per week.
(iv) The on-call
rates are set out in Table 1 - On Call Rates, of this Award.
5. Exemptions
This award shall not apply to members, novices or aspirants of
religious orders in the hospitals the names of which are or shall hereafter be
included in the Third Schedule to the Health Services Act 1997, of New
South Wales.
6.
Anti-Discrimination
(i) It is 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, age
and responsibilities as a carer.
(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.
NOTES -
(a) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation
(b) Section 56(d) of
the Anti-Discrimination Act 1977 provides:
"Nothing in this Act affects ... any other act or
practice of a body established to propagate religion that conforms to the
doctrines of that religion or is necessary to avoid injury to the religious susceptibilities
of the adherents of that religion.
7. Conditions of
Service
The Public Hospitals (Professional and Associated Staff)
Conditions of Employment (State) Award, as varied from time to time, shall
apply to all persons covered by this award.
In addition, the Health Industry Status of Employment
(State) Award, shall also apply to all relevant employees.
8. 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.
9. Area, Incidence
and Duration
(i) This Award
rescinds and replaces the Public Hospital Professional Engineers (Biomedical
Engineers) (State) Award published 3 March 2006 (357 I.G. 812) and all
variations thereof.
(ii) This Award
shall apply to persons employed in classifications contained herein employed in
the New South Wales Health Service under s115(1) of the Health Services Act 1997,
or their successors, assignees or transmittees.
(iii) This Award
takes effect from 12 November 2008, and shall remain in force until 30 June
2011.
Table 1 - On-call
Rates
Clause No.
|
Description
|
Rate from
|
Rate from
|
Rate from
|
|
|
1.7.2008
|
1.7.2009
|
1.7.2010
|
|
|
$
|
$
|
$
|
4
|
On-call Allowance
|
|
|
|
Per on-call period
|
6.77
|
7.03
|
7.30
|
Per week
|
33.85
|
35.15
|
36.50
|
J.
McLEAY, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.