Health Employees' Engineers (State) Award

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

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

 

(No. IRC 175 of 2012)

 

 

REVIEWED AWARD

 

1.        Delete the Arrangement from the award published 24 April 2009 (367 I.G. 1118) and insert in lieu thereof the following:

 

Arrangement

 

Clause No.       Subject Matter

 

6.        Anti-Discrimination

7.        Area, Incidence and Duration

4.        Conditions of Service

1.        Definitions

5.        Dispute Resolution

3.        Grading Committee

2.        Salaries

 

PART B

 

MONETARY RATES

 

Table 1 - Salaries

 

2.        Delete definition of “Assistant Engineer” in clause 1, Definitions, and insert in lieu thereof the following:

 

“Assistant Engineer” means a person appointed as such to an established position as approved by the employer and who has acquired membership of the Institute of Hospital Engineering, Australia - NSW Branch or such other qualifications as the employer deems appropriate, provided that all persons employed and classified as assistant engineers in public hospitals at the operative date of this award shall be deemed to hold qualifications to the level required by this award.

 

3.        Delete definition of “Engineer” in clause 1, Definitions, and insert in lieu thereof the following:

 

“Engineer” means a person appointed as such to an established position as approved by the employer and who has acquired membership of the Institute of Hospital Engineering, Australia - NSW Branch or such other qualifications as the employer deems appropriate, provided that all persons employed and classified as engineers in public hospitals at the operative date of this award shall be deemed to hold qualifications to the level required by this award.

 

4.        Delete definition of “Health Service” in clause 1, Definitions, and insert in lieu thereof the following:

 

“Health Service” means a Local Health District  constituted under section 8 of the Health Services Act 1997, a Statutory Health Corporation constituted under section 11 of that Act, and an Affiliated Health Organisation constituted under section 13 of that Act.

 

5.        Delete definition of “Union” in clause 1, Definitions, insert in lieu thereof the following:

 

"Union" means HSUeast.

 

6.        Delete subclause (iii) of clause 3, Grading Committee, and insert in lieu thereof the following:

 

(iii)      Except as otherwise provided, the matters to be referred to the committee shall be:

 

(a)      any application by an employee for review of the grading of the position he/she occupies if the chief executive officer of the Health Service certifies that in his/her opinion there has been a substantial alteration of duties and/or responsibilities since the last grading of the position and states the nature of such alteration, or that the grading of the position is markedly out of keeping with that of other positions in the Health Service;

 

(b)      the grading of any new position;

 

(c)      such cases as the Union may raise where the Union has stated the grounds and indicated the basis on which it desires such cases to be considered by the committee; and

 

(d)      such other cases as the Ministry of Health may approve.

 

7.        Delete clause 4, Conditions of Service, and insert in lieu thereof the following:

 

4.  Conditions of Service

 

(i)       The Health Employees Conditions of Employment (State) Award, as varied from time to time, shall apply to all persons covered by this award.

 

Provided that clause 9, Overtime, of that award shall not apply to an employee covered by this award who is:

 

(a)      classified as Engineer, Grade 7; or

 

(b)      paid an allowance because he/she acts in the capacity of a group engineer or regional engineer; or

 

(c)      who, following 13 November 1997, is reclassified to a higher grade because he/she acts in the capacity of a group engineer or regional engineer;

 

and the salary rates of engineers not so entitled to overtime shall be deemed to cover all incidents of employment.

 

(ii)       In addition, the Health Industry Status of Employment (State) Award, shall also apply to relevant employees.

 

8.        Delete clause 5, No Extra Claims and renumber subsequent clauses accordingly.

 

9.        Delete renumbered clause 7, Area, Incidence and Duration, and insert in lieu thereof the following:

 

7.  Area, Incidence and Duration

 

(i)       This Award rescinds and replaces the Health Employees Engineers (State) Award published 24 March 2006 (358 IG 358) 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, excluding the County of Yancowinna.

 

(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.

 

 

 

 

C.G. STAFF J

 

 

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Printed by the authority of the Industrial Registrar.