Public Hospitals Medical Record Librarians (State)
Award 2018
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Ministry of Health.
(Case No. 199428 of 2018)
Before Commissioner Murphy
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3 July 2018
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AWARD
Clause No. Subject
Matter
1. Definitions
2. Salary
and Grading Structure
3. Grading
Committee
4. Labour
Flexibility
5. Anti-Discrimination
6. Conditions
of Service
7. Dispute
Resolution
8. No Extra
Claims
9. Area,
Incidence and Duration
1. Definitions
"Employer" means the Secretary of the Ministry of
Health exercising employer functions on behalf of the Government of NSW (and
includes a delegate of the Director-General).
"Hospital" means a public hospital as defined
under section 15 of the Health Services
Act 1997.
"Medical Record Librarian" means a person employed
in the industry of medical record librarianship in Public Hospitals who has
qualifications acceptable to the New South Wales Association of Medical Record
Librarians or such other qualifications deemed to be equivalent by the
employer.
"Officer" means a medical record librarian
employed by the employer.
"Service" for the purpose of salaries means
service as a medical record librarian in a public hospital whether in New South
Wales or elsewhere in Australia or other service acceptable to the employer.
"Union" means the Health Services Union NSW.
2. Salary and Grading
Structure
For current salaries refer Health Professional and Medical
Salaries (State) Award, as varied or replaced from time to time.
Medical Records Administrator / Medical Records Manager
Grade 1
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All other hospitals including, Western Suburbs, Balmain,
Grafton, St. Margaret's, Royal South Sydney, St. Josephs, Hawkesbury, Blue
Mountains.
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Grade 2
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Albury, Bathurst, Canterbury, Coffs Harbour, Dubbo,
Fairfield, Griffith, Manning, Port Kembla, Shellharbour.
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Grade 3
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Auburn, Campbelltown, Camden, Lismore, Wagga.
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Grade 4
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Mt. Druitt, Manly, Bankstown, Ryde, Mona Vale, Nepean,
Blacktown, Sydney, Royal Women, Sutherland.
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Grade 5
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Hornsby, Liverpool, St. George, Wollongong, Gosford,
Newcastle, Royal Alexandra Children’s Hospital and Country Regions.
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Grade 6
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St. Vincent's and Royal North Shore Hospital.
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Grade 7
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Royal Prince Alfred Hospital, Prince of Wales and Prince
Henry Hospital.
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Grade 8
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Parramatta Hospitals - Westmead.
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3. Grading Committee
(i) 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
(a) the grading of any new position or any variation of grading
or classification of a position as a result of any substantial alteration of
duties and/or responsibilities or in any case of anomaly; and
(b) the date of effect of the grading recommended. Provided
that:
(1) an employee shall, while the grading of his position is
under consideration by the committee be ineligible to be a member of the
committee;
(2) the committee shall not, without sufficient reason,
recommend the retrospective operation of any grading; and
(3) where a retrospective date of effect is recommended such a
date shall not be earlier than a date six months prior to the date on which the
matter was referred to the committee.
(ii) The members of
the committee shall be entitled to examine any statement of duties pertaining
to any position referred to the committee and any papers which illustrate the
type of work performed by the occupant of the position or, if the employer
approves papers which are otherwise relevant to the question of the grading of
the position, including statements of duties of other positions.
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 occupies if the
chief executive officer of the hospital certifies that in his 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 hospital;
(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 employer may approve.
(iii) The committee
shall meet to consider the grading of a position within twenty-one days of such
grading having been referred to the committee.
(iv) In the event of
the members of the committee being in disagreement as to the grading to be
recommended for a position or as to the date of effect, the members
representing the Union shall, within twenty-one days of the meeting of the
committee at which such disagreement occurred, furnish to the employer, a
written report stating the grading or date of effect which they consider
appropriate with their reasons therefore and indicating also whether they wish
to interview the employer in connection with their representations.
(v) The report of
the committee shall be signed by at least one representative of the employer
and of the Union.
(vi) Nothing
in this clause shall affect the right of the Union to apply to the Public
Health Employees (State) Industrial Committee for the settlement of any dispute
arising from the grading of any employee under this Award.
4. Labour Flexibility
(i) The
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 the employee’s classification, grouping and/or career stream, provided
that such duties are not designed to promote deskilling.
(ii) The 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 the employer pursuant to subclauses (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.
5. Anti-Discrimination
(i) 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.
6. Conditions of
Service
The Public Hospitals (Professional and Associated Staff)
Conditions of Employment (State) Award, 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, shall also apply to all relevant employees.
7. Dispute Resolution
The dispute settlement procedures contained in the
applicable conditions award as outlined in Clause 6. Conditions of Service (and
as varied or replaced from time to time) shall apply.
8. 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 2019 by a party to this Award.
9. Area, Incidence and
Duration
(i) This
Award Takes effect from 1 July 2018 and shall remain in force for a period of
one year.
(ii) This Award
rescinds and replaces the Public Hospitals Medical Records Librarians Award
published 9 February 2018 (382 I.G. 487) 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.
J.V. MURPHY, Commissioner
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Printed by the authority of the Industrial Registrar.