Health Employees' Pharmacists (State) Award 2021
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH
WALES
Application by NSW Ministry of Health.
(Case No. 186299 of 2021)
Before Chief
Commissioner Constant
|
30 July 2021
|
AWARD
PART A
Arrangement
Clause No. Subject
Matter
6 Anti-Discrimination
8 Area, Incidence and Duration
2 Competency Criteria
4 Conditions of Service
1 Definitions
5 Dispute Resolution
7 No Extra Claims
3 Salaries
PART B - MONETARY
RATES
Table 1 - Salaries
PART A
1. Definitions
"Deputy
Director of Pharmacy" means a pharmacist who is appointed as such to an
established position and whose function is to assist the Director of Pharmacy
in the administration of the Department.
"Director of
Pharmacy" means a pharmacist who has been appointed as such in a pharmacy
department of a hospital.
"Employer"
means the Secretary of the Ministry of Health exercising the employer function
on behalf of the Government of New South Wales.
"Group 1
Hospitals"
(a) Gosford Hospital, John Hunter Hospital
(Newcastle), St Vincent’s Hospital, Royal North Shore, St George Hospital and
Community Health Services (Kogarah) and Concord Repatriation General Hospital.
(b) Westmead, Royal Prince Alfred (including
Balmain and Rachel Forster), Prince Henry and Prince of Wales Group (includes
Sydney Children’s Hospital)
"Group 2
Hospitals" – Calvary Mater Hospital (Newcastle), Sydney Children’s
Hospitals Network (Randwick and Westmead), Liverpool, Nepean, Wollongong
Hospital, Blacktown & Mt Druitt Hospitals, Bankstown-Lidcombe, Macarthur
Health Service.
"Group 3
Hospitals" – Coffs Harbour Base, Wagga Wagga Base, Sutherland, Tamworth,
Canterbury, Lismore Base, Ryde, Hornsby Ku-Ring-Gai, Fairfield, Dubbo Base.
"Group 4
Hospitals" – Northern Beaches Hospital, Auburn, Balmain, Sydney Hospital
and Sydney Eye Hospital,
Albury Wodonga health (Wodonga Campus), Wyong Public Hospital,
Blue Mountains District ANZAC Memorial Hospital, Springwood Hospital, Griffith
Base, Orange Health Service, Bathurst Base, Shellharbour, Shoalhaven District
Memorial Hospital, Macquarie Hospital (Mental Health Residential Facility),
Armidale Rural Referral Hospital, The Tweed Hospital, Murwillumbah District
Hospital
"Group 5
Hospitals" – Belmont, Cessnock, Maitland, Kurri Kurri, Muswellbrook, Neringah, Royal Ryde Rehabilitation, ,
Uniting War Memorial Hospital, Bowral, Cootamundra, Manning, Kempsey, Wauchope,
Young, Goulburn Base Hospital, Bulli, Casino, Kyogle, Grafton, Mona Vale,
Cowra, Royal Hospital for Women, Parkes/Forbes, Lithgow, Condobolin, Inverell,
Moree/Narrabri, Glen Innes.
"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, as amended
or varied from time to time
"Hospital"
means a public hospital as defined in section 15 of the Health Services Act 1997, as amended or
varied from time to time.
"Pharmacist"
means a person who is registered as a practicing pharmacist with the Pharmacy
Board of Australia.
A Pharmacist
who has after registration not less than three years’ experience in hospital
pharmacy and can demonstrate competency in at least one of the essential
competency criteria and 3 other competency criteria will be classified as a
Pharmacist Grade 2.
Provided that
Pharmacists paid at the eight year of service rate immediately prior to
transfer to this structure shall not be eligible for incremental progression
unless they meet the criteria for appointment to Grade 2.
"Pharmacist
Grade 3" means a Pharmacist who is responsible to
the Director of Pharmacy or Deputy Director of Pharmacy for the management and
efficient performance of a specific unit or function of the hospital’s pharmacy
Department. Such appointment shall only be made where the hospital employs at
least 5 Pharmacists or a Director of Pharmacy Group 5 Hospitals and Deputy
Director of Pharmacy Group 3 Hospitals
"Pharmacist
Grade 4" Director of Pharmacy Group 4 Hospitals and Deputy Director of
Pharmacy Group 2 Hospitals.
"Pharmacist
Grade 5" Director of Pharmacy Group 3 Hospitals and Deputy Director of
Pharmacy Group 1 Hospitals.
"Pharmacist
Grade 6" Director of Pharmacy Group 2 Hospitals.
"Pharmacist
Grade 7" Director of Pharmacy Group 1 Hospitals.
"Union"
means the Health Services Union NSW.
2. Competency Criteria
Essential:
(i) Postgraduate qualifications in either
Diploma of Hospital Pharmacy, Diploma of Clinical Pharmacy or any other
relevant postgraduate qualifications and a minimum of 6 months experience in
the relevant specialty. Relevant areas of specialty practice may include but
should not be limited to: Liaison Pharmacy, Clinical Trials, Research and/or
Project Coordinator, Information Technology, Oncology, Nutritional Support,
Paediatrics, Critical Care; or
(ii) In the case of a Pharmacist
who does not hold a post graduate qualification and has had, after
registration, not less than 3 years’ experience in hospital pharmacy including
not less than 12 months, experience in the relevant specialty acceptable to the
employer; or
(iii) Be able to demonstrate a higher level of
performance in clinical pharmacy practices as defined by at least meeting the
standards in the document published by Society of Hospital Pharmacists of
Australia in 1996 to the satisfaction of the Director of Pharmacy and
equivalent Director of Pharmacy from another Health Service and if necessary,
another Pharmacist nominated by the employer.
Other:
(a) An ability to demonstrate a record of
participation in teaching programs with other Pharmacists and/or University
students, community health, nursing staff or other health care providers.
(b) Demonstrated ability to supervise other
Pharmacy staff and be responsible for the supervision of other Pharmacists.
(c) A record of significant contribution to
quality assurance activities (e.g. being responsible
for the implementation of maintenance of a quality assurance program)
(d) Participation in institutional committees
relevant to the profession such as drug, nursing/pharmacy, infection control or
quality assurance committees.
(e) Display judgment and demonstrate
initiative and independence in problem solving.
(f) Be able to demonstrate active
participation in research, presentation and
publication of research results in peer review journals
3. Salaries
Full-time Pharmacist
employees shall be paid the salaries as set out in Table 1 of Part B - Monetary
Rates, of this Award.
4. Conditions of Employment
The Health Employees Conditions of Employment
(State) Award 2019, as varied or replaced from time to time, shall apply
to all persons covered by this Award.
In addition, the Health Industry Status of Employment (State)
Award 2019, as varied or replaced from time to time, shall also apply to
relevant employees.
5.
Dispute Resolution
The dispute
resolution procedure contained in the Health
Employees Conditions of Employment (State) Award 2019, as varied or
replaced from time to time, shall apply.
6.
Anti-Discrimination
(i) It is the 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. No Extra Claims
Other than as
provided for in the Industrial Relations
Act 1996 and the Industrial
Relations (Public Sector Conditions of Employment) Regulation 2014,
there shall be no further claims/demands or proceedings instituted before the
Industrial Relations Commission of New South Wales for extra or reduced wages,
salaries, rates of pay, allowances or conditions of employment with respect to
the employees covered by the Award that take effect prior to 30 June 2022 by a
party to this Award.
8. Area, Incidence and Duration
(i) This Award takes
effect from 1 July 2021 and shall remain in force for a period of one year.
The rates and allowances in the second column in Table 1 of Part B - Monetary
Rates, will apply from the first full pay period on or after (ffppoa) 1 July 2021.
(ii) This Award rescinds and replaces the Health Employees’ Pharmacists (State) Award
2019 published 20 March 2020 (387 I.G. 51) and all variations thereof.
(iii) This Award shall apply to persons employed
in classifications contained herein employed in the New South Wales Health
Service under section 115(1) of the Health
Services Act 1997, or their successors, assignees or transmittees,
excluding the County of Yancowinna.
PART B - MONETARY RATES
Table 1 -
Salaries
Classification
|
Rate to apply
prior to ffppoa 01/07/2021
$ per week
|
Rate from ffppoa
01/07/2021
$ Per
week
|
Graduate Pharmacist Unregistered
|
1,281.81
|
1,307.96
|
Pharmacist
|
Grade 1
|
1st Year
|
1,360.85
|
1,388.61
|
2nd Year
|
1,454.01
|
1,483.67
|
3rd Year
|
1,554.32
|
1,586.03
|
4th Year
|
1,733.89
|
1,769.26
|
5th Year
|
1,789.83
|
1,826.34
|
Grade 2
|
1st Year
|
1,925.36
|
1,964.64
|
2nd Year
|
1,989.63
|
2,030.22
|
3rd Year
|
2,045.08
|
2,086.80
|
Grade 3
|
Senior
Pharmacist
|
Director of
Pharmacy-Group 5 Hospital
|
Deputy Director
of Pharmacy-Group 3 Hospital
|
1st Year
|
2,269.10
|
2,315.39
|
2nd Year
|
2,332.23
|
2,379.81
|
Grade 4
|
Director of
Pharmacy - Group 4 Hospital
|
Deputy Director
of Pharmacy - Group 2 Hospital
|
1st Year
|
2,332.23
|
2,379.81
|
2nd Year
|
2,411.35
|
2,460.54
|
Grade 5
|
Director of
Pharmacy - Group 3 Hospital
|
Deputy Director
of Pharmacy - Group 1 Hospital
|
1st Year
|
2,484.70
|
2,535.39
|
2nd Year
|
2,547.19
|
2,599.15
|
Grade 6
|
Director of
Pharmacy - Group 2 Hospital
|
1st Year
|
2,728.96
|
2,784.63
|
2nd Year
|
2,797.05
|
2,854.11
|
Grade 7
|
Director of
Pharmacy - Group 1 Hospital
|
Group A - 1st Year
|
2,940.78
|
3,000.77
|
Group A - 2nd Year
|
3,012.12
|
3,073.57
|
Group B - 1st Year
|
3,082.52
|
3,145.40
|
Group B - 2nd Year
|
3,153.64
|
3,217.97
|
Table 2 -
Allowances
Allowance
Description
|
Rate to apply
prior to ffppoa
01/07/2021
$
|
Rate from ffppoa
01/07/2021
Per week
$
|
Fellowship Allowance (Pharmacists)
|
43.69
|
44.58
|
N. CONSTANT, Chief Commissioner
____________________
Printed by
the authority of the Industrial Registrar.