HealthShare NSW Patient Transport Officers' (State)
Award 2022
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Ministry of Health.
(Case No. 192080 of 2022)
Before Chief Commissioner Constant
|
13 July 2022
|
AWARD
PART A
Arrangement
Clause No. Subject Matter
1. Definitions
2. Salaries
3. Conditions of Employment
4. Classifications
5. Meals
6. Anti-Discrimination
7. No Extra Claims
8. Area, Incidence
and Duration
PART B
Table 1 - Rates
of Pay
Table 2 - Other Rates and Allowances
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 Secretary).
“Patient Transport Officer” means
an employee of HealthShare NSW who is appointed
to an approved Patient Transport Officer position.
“Trainee Patient Transport Officer”
means an employee
of HealthShare NSW who is undertaking the necessary and relevant training and work experience as determined by the employer to
become a Patient Transport Officer.
“Union” means the Health Services Union New South Wales.
2. Salaries
Full time Patient Transport
Officers, as defined under this award, shall be paid the salaries as set out in
Table 1 - of Part B - Monetary Rates of
this Award.
3. Conditions of Employment
(i) The following awards
as varied or replaced
from time to time
shall apply except in so far as any term of any
of those awards are inconsistent with this award:
Health Employees Conditions
of Employment (State) Award 2021, as varied or replaced from time to
time; except for:
Clause 3 (xii)
and (xiii) – the meal break and tea
break provisions do not
apply; and
Clause 14(i) and (vi) – do
not apply, and Health Industry Status of Employment (State) Award 2021,
as varied or replaced from time to time.
In the event of any
inconsistency between the above awards,
the provisions in this award shall apply.
4. Classifications
(i) A Trainee
Patient Transport Officer
is an employee who is undertaking the necessary and relevant training
and work experience as
determined by HealthShare NSW to become a Patient Transport Officer and who is appointed
to an approved Trainee Patient
Transport Officer position.
This category of employee
will be involved in routine and non-emergency patient transport utilising basic
life support skills. Among other
things, this category of employee will receive training and certification in
work health and safety, first aid, driver training, patient
handling, oxygen administration, equal employment opportunity, anti-discrimination and anti-harassment.
(ii) A Patient Transport Officer is an employee who has successfully completed the necessary
and relevant training
and work experience as determined by the employer to become a Patient
Transport Officer and who is appointed to an approved
Patient Transport Officer
position. Provided that such an employee shall be required
to undertake and successfully complete further instruction/in-service
courses necessary for Patient Transport Officers as determined by the employer.
This category of employee will be involved in routine
and non-emergency patient transport utilising basic life support skills. This category of employee will not be utilised to crew ambulances engaged in emergency/casualty response.
Provided that such an officer shall be required to
undertake and successfully complete further instruction/in service
courses and certification examinations as required by HealthShare NSW.
5. Meals
(i) Employees
working shifts of less than 12 hours duration shall have one paid 30 minute
crib break to be taken between the
fourth and seventh hour unless otherwise agreed between the parties.
(ii) Employees working 12 hour shifts will be
entitled to two paid 30 minute crib breaks to be taken between the fourth and
seventh hour and the eighth and eleventh hour unless otherwise
agreed between the parties.
(iii) Employees
who, due to operational requirements, are unable to take their paid crib break within
the prescribed times,
or whose crib break
is not completed, shall receive
an additional payment
of one hour at ordinary time.
(iv) An employee who is directed to take their
crib break away from her or his starting location for that shift, will be paid a crib away allowance
as follows:
(a) Where an employee is entitled to one crib
break per shift the payment for any crib directed to be taken away from the employee’s starting location
for that shift will be paid at the rate prescribed in Item 1 of Table 2 - Other
Rates and Allowances of Part B of this Award for each occasion
that the employee
is so directed.
(b) Where an employee
is entitled to two crib breaks per shift the payment for any crib directed to be taken
away from the employee’s starting location for that shift will be the
paid at the rate prescribed in Item 2 of Table 2 - Other Rates and Allowances of Part B of this Award for each occasion
that the employee
is so directed.
6. Anti-Discrimination
(i) It is the intention of the parties
bound by this Award to seek to achieve the object of section 3(f) if 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 and age.
(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 effects. It will be consistent with the
fulfilment of these obligations for
the parties to make an application to vary any provisions 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
exempt from anti-discrimination legislation.
(b) Offering or providing junior
rates to a person 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 a 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:
(i) Employers and employees may also be subject to Commonwealth anti- discrimination legislation.
(ii) 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 (or its successor however
described), 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 2023 by a party to this Award.
8. Area, Incidence and
Duration
(i) This
Award takes effect from 1 July 2022 and shall remain in force for a period of
one year. The salaries and allowances
in the last column of Table 1 - Salaries and Table 2 - Other Rates and
Allowances of Part B, Monetary Rates,
will apply from the first full pay period on or after (ffppoa) 1 July
2022.
(ii) This Award
rescinds and replaces the HealthShare
NSW Patient Transport Officers (State) Award 2021 published 8 April 2021 (391 I.G. 888)
and all variations thereof.
(iii) This Award shall
apply to persons employed in classifications contained herein in the NSW Health
See employed within HealthShare NSW under
section 115(1) of the Health Services
Act 1997, or any successors, assignees or transmittees.
PART B
Table 1- Salaries
Classification
|
Rate to apply
from ffppoa
01/07/2021
$
|
Rate effective first
full pay period on or
after 1/07/2022
$
|
Trainee Patient Transport Officer
|
1,067.99
|
1,095.01
|
Patient Transport Officer
|
1,115.60
|
1,143.82
|
Table 2 - Other Rates and Allowances
Item
|
Clause
|
Allowance Description
|
Rate to apply
from to ffppoa 01/07/2021
$
|
Rate
effective first full pay period on or
after 1/7/2022
$
|
1
|
5(iv)(a)
|
Crib Away Allowance (Single Crib)
|
23.65
|
24.25
|
2
|
5(iv)(b)
|
Crib Away Allowance (Two Cribs)
|
11.83
|
12.13
|
N. CONSTANT, Chief Commissioner
________________
Printed by
the authority of the Industrial Registrar.