Charitable Institutions (Professional Paramedical Staff) (State) Award 2006

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

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

 

(No. IRC 263 of 2012)

 

 

REVIEWED AWARD

 

1.        Delete clause 2, "Definitions" of the award published 27 January 2012 (372 I.G. 32) and insert in lieu thereof the following:

 

2.  Definitions

 

"Union" means the HSUeast.

 

"Service", for the purpose of this award, means service before and/or after the commencement of this award in one or more hospitals or agencies or in other institutions approved from time to time by agreement between the parties to this award.  It shall include service in the same discipline in the Australian Armed Forces and service within the public health system as defined in the Health Services Act 1997, or in any other hospital or agency in the Commonwealth of Australia.

 

"Agency" means a body or organisation registered or granted exemption from registration under the Charitable Fundraising Act  1991 (see Division 4, clause 25, of the said Act) and shall exclude any agency to which any of the provisions of the  Private Health Facilities Act 2007 have been applied.

 

"Officer" shall mean an employee appointed to a position within the ambit of this award, provided that such employee holds a degree or certificate requiring at least two years' full-time or three years' part-time post-Higher School Certificate level study at an institution reasonably and properly deemed as such by an employer, and provided further that the employee is reasonably and properly deemed to be an officer within this definition.

 

2.1      Scientific Officers -

 

(a)      "Trainee Scientific Officer" means an officer appointed as such who is undertaking a part-time degree course in science and who is engaged on work related to the profession for which he/she is qualifying.

 

(b)      "Scientific Officer" means an officer appointed as such who has obtained a degree in science from an approved university requiring a minimum of three years' full-time study or such other qualifications deemed by the Ministry of Health, to be the equivalent thereof.

 

(c)      "Senior Scientific Officer" means an officer appointed as such who is engaged in scientific work who holds a post-graduate degree in science at a university or such other qualifications deemed by the Ministry of Health, to be appropriate.

 

(d)      "Principal Scientific Officer" means an officer appointed as such who is engaged in scientific work and holds a post-graduate degree in science at least equivalent to the degree of Master of Science of an approved university or such other qualifications deemed by the Ministry of Health, to be appropriate and who has had not less than ten years' post-graduate experience in an appropriate scientific field.

 

2.2      "Medical Record Administrator" means a person employed in the industry record librarianship in agencies who has qualifications acceptable to the Health Information Management Association of Australia or such other qualifications deemed to be equivalent.

 

2.3      "Nurse Counsellor" means an officer appointed as such who possesses an appropriate degree of a recognised university or other qualifications deemed equivalent by the employer.

 

2.4      "Dentist" means an officer who has obtained a degree in dental surgery at a recognised university or such other qualification as may be agreed upon by the parties to this award. Registration with the Dental Board of Australia is essential.

 

2.5      "Dental Chairside Assistant" shall mean and shall include all persons employed to assist Dental Officers and Senior Dentists at the chairside.

 

2.6      "Dietitian" means a person employed in the industry of dietetics in hospitals or agencies who has qualifications acceptable to the Dietitians Association of Australia and who is eligible for full membership of the said Association.

 

"Industry of Dietetics" means the industry of persons engaged in New South Wales in the profession of dietetics in an agency.

 

"Institute" means the Dietitians Association of Australia.

 

2.7      Therapists, Physiotherapists, Occupational Therapists, Speech Therapists, Music Therapists -

 

(a)      "Therapist" shall mean and shall include:

 

(1)      "Physiotherapist" means an officer holding qualifications recognised for registration with the Physiotherapy Board of Australia.

 

Must hold general registration with the Physiotherapy Board of Australia.

 

(2)      "Occupational Therapist" means an officer holding qualifications recognised for registration with the Occupational Therapy Board of Australia.

 

From 1 July 2012, must hold general registration with the Occupational Therapy Board of Australia.

 

(3)      "Speech Therapist" means an officer employed in the industry of speech therapy who has qualifications acceptable to the NSW Branch of Speech Pathology Australia.

 

(4)      "Music Therapist" means an officer employed in the industry of music therapy.

 

(5)      An officer performing such other activities as may be conveniently related to the use of therapeutic method for the purpose of curing or alleviating any abnormal condition of the human mind or body and that may emerge as a professional discipline in the future.

 

(b)      "Senior Assistant" means a speech therapist with not less than three years' experience who is appointed as such in an agency where five or more speech therapists are employed. There shall be only one senior assistant employed at any one location.

 

(c)      "Day Worker" means an officer who works his/her ordinary hours from Monday to Friday, inclusive, and who commences work on such days at or after 6.00 a.m. and before 10.00 a.m. otherwise than as part of a shift system.

 

(d)      "Shift Worker" means an officer who is not a day worker as defined.

 

2.8      "Audiologist" means a person appointed as such who possesses an appropriate degree of a recognised university or college of advanced education with appropriate training in audiology.

 

2.9      "Degree with Honours" means a degree with honours awarded by a recognised university where the subject in respect of which the honours is awarded is appropriate to the classification and duties undertaken by the officer concerned.

 

2.10    "Psychologist" means a person appointed as such who possesses an appropriate degree of a recognised university or college of advanced education and is registered with the Psychology Board of Australia.

 

2.11    "Clinical Psychologist" means a person appointed as such who possesses an appropriate masters degree of a recognised university, recognised by the Australian Psychological Society and is registered with the Psychology Board of Australia.

 

2.        Delete paragraph (f) of subclause 3.1 of clause 3, Salaries, and insert in lieu thereof the following:

 

(f)       Grading Officers -

 

(1)      Grades - Every officer, other than trainee scientific officers, shall be classified in one of the grades of scientific officer, senior scientific officer, or principal scientific officer, as provided for hereunder.

 

(2)      Years of Scale -

 

(i)       Within each grade officers employed by any hospital shall, at all times, be classified not lower than the year of scale corresponding to the minimum prescribed hereunder for their respective qualifications and/or duties advanced by -

 

(A)     at least one year of scale for each completed year of service in grade and hospital; and

 

(B)      at least one further year of scale for each completed year of service in the same branch of science in that grade in any other hospital or hospitals.

 

(ii)       In determining an officer's classification, due allowance also shall be made for any other post-graduate experience.

 

(iii)      For the purpose of this subclause, service at any time prior to the commencement of this award shall be deemed to be service in the grade in which the qualifications and/or duties of an officer would have required him/her to be classified had the award been in force at that time.

 

(3)      Scientific Officer - Officers who hold or are qualified to hold a degree, diploma or other qualification, as shown hereunder, shall not be classified below the respective year of scale in this grade, as follows, with advancement as provided for in subparagraph (2) of this paragraph:

 

Bachelor's degree (three-year course), diploma with no experience, junior of the Royal Australian Chemical Institute or graduate of the Australian Institute of Physics - 1st year;

 

Bachelor's degree with honours (four-year course) - 2nd year;

 

Bachelor's degree with honours (four-year course), diploma or Bachelor's degree with at least two years' experience concurrent with or after last two years of course provided that at least one year has been after 21st birthday), associate of the Royal Australian Chemical Institute, or associate of the Royal Institute of Chemistry (UK) - 3rd year;

 

Master's degree - 4th year;

 

Associate of the Institute of Physics - 6th year;

 

Associate of the Australian Institute of Physics (UK) - 6th year;

 

Degree of Doctor of Philosophy - 6th year;

 

provided that such degree with honours or such Master's degree has been obtained in subjects relevant to the branch of science in which the officer is engaged.

 

(4)      Credentials Committee - A committee, as set up by the Hospital Scientist (State) Award published 24 April 2009 (367 I.G. 1191), consisting of two representatives of the Ministry of Health, and two representatives of the Union, shall be constituted to consider and recommend to the employer, upon application by the Union or the employing hospital:

 

(i)       the appointment of a new employee as senior scientific officer or principal scientific officer;

 

(ii)       the promotion of an employee from scientific officer to senior scientific officer;

 

(iii)      the promotion of an employee from senior scientific officer to principal scientific officer.

 

3.        Delete subclause 3.6 of the said clause 3 , and insert in lieu thereof the following:

 

3.6      Dietitians -

 

(a)      As set out in the said Table 1. Promotion from the General Scale to Grade 1 shall be subject to completion of 12 months' service on the maximum rate of the general scale and agreement from the agency that the quality of the officer concerned and the skills and responsibilities exercised by the officer in the performance of his or her duties are such as to warrant promotion.

 

(b)      Grading Officers - A committee consisting of two representatives of the Ministry of Health, and two representatives of the Union shall be constituted to consider and recommend to the employer, upon application by the Union or agency:

 

(1)      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

 

(2)      the date of the effect of the grading recommended.

 

Provided that -

 

(i)       an employee shall, whilst the grading of the 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.

 

4.        Delete subclause 16.3 of clause 16, Public Holidays, and insert in lieu thereof the following:

 

16.3    For the purpose of this clause, the following shall be public holidays: New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter Sunday, Easter Monday, Anzac Day, Queen's Birthday, Labour Day, Christmas Day, Boxing Day, August Bank Holiday or any holiday proclaimed in lieu thereof, together with any other day observed as a public holiday within the area in which the agency is situated.  Provided that, by agreement between an employer and employee, the August Bank Holiday may be taken on another day.

 

5.        Delete subclause 19.7 of clause 19,Personal/Carer’s Leave and renumber subsequent clauses accordingly.

 

6.        Delete subclause 20.6 of clause 20,Bereavement Leave and renumber subsequent clauses accordingly.

 

7.        Delete clause 35, Area, Incidence and Duration, and insert in lieu thereof the following:

 

35.  Area, Incidence and Duration

 

35.1    This award was made following a review under section 19 of the Industrial Relations Act 1996.

 

35.2    This award rescinds and replaces the Charitable Institutions (Professional Paramedical Staff) (State) Award published 7 July 2000 (316 IG 1240), and all variations thereof.

 

35.3    This award shall apply to all employees as defined herein.

 

35.4    This award shall take effect from the first pay period on or after 13 June 2001and shall remain in force thereafter for a period of 24 months.

 

35.5    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 12 April 2012.

 

35.6    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.