Health Employees' Conditions of Employment (State) Award

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

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

 

(No. IRC 172 of 2012)

 

 

REVIEWED AWARD

 

1.        Delete Clause 1, Arrangement of the award published 27 March 2009 (367 I.G. 787) and insert in lieu thereof the following:

 

1.  Arrangement

 

Clause No.       Subject Matter

 

21       Accommodation and Amenities

16       Annual Leave

27       Anti-Discrimination

48       Area, Incidence and Duration

1         Arrangement

7         Board and Lodging

31       Blood Count

36       Child Care

5         Climatic and Isolation Allowance

2         Definitions

26       Dispute Resolution

13       Excess Fares and Travelling Time

40       Exemptions

28       Family and Community Services Leave and Personal/Carer’s Leave

3         Hours

47       Induction and Orientation

32       Infectious Cleaning

22       Inspection of Lockers of Employees

33       Labour Flexibility

17       Long Service Leave

41       Maternity, Adoption and Parental Leave

14       Meals

25       New Classifications

30       Notice Board

10       On Call

9         Overtime

19       Payment and Particulars of Salary

11       Penalty Rates for Shift Work & Weekend Work

6         Permanent Part-Time and Part-Time Employees

24       Promotions and Appointments

15       Public Holidays

46       Reasonable Hours

8         Relieving Other Members of Staff

39       Removal Expenses

4         Roster of Hours

45       Salary Packaging

44       Salary Sacrifice to Superannuation

18       Sick Leave

12       Special Working Conditions

42       Study Leave

38       Telephone Allowance

34       Teleworking

20       Termination of Employment

43       Trade Union Leave

29       Union Representative

37       Union Subscriptions

23       Uniforms and Protective Clothing

35       Workforce Review

 

PART B - MONETARY RATES

 

Table 1 - Other Rates and Allowances

 

2.        Delete the  definition  "Director-General" appearing in clause 2, Definitions, and insert in lieu thereof the following:

 

"Director-General" means the Director-General of the Ministry of Health.

 

3.        Delete definition of "Public Health Organisation" appearing in the said clause 2, and insert in lieu thereof the following:

 

"Public Health Organisation" means an organisation defined in section 7 of the Health Services Act, 1997 as follows:

 

(a)      a Local Health District

 

(b)      a statutory health corporation, or

 

(c)      an affiliated health organisation in respect of its recognised establishments and recognised services,

 

and for the purposes of this Award, also includes the Public Health System Support Division of the NSW Health Service.

 

4.        Delete the definition of "Union" appearing in the said clause 2, and insert in lieu thereof the following:

 

"Union" means HSUeast.

 

5.        Delete subclause (x) in clause 9, Overtime, and insert in lieu thereof the following:

 

(x)      An employee recalled to work overtime as prescribed by subclause (iv), of this clause shall be paid all fares and expenses reasonably incurred in travelling to and from her/his place of work.

 

Provided further that where an employee elects to use her/his own mode of transport, he/she shall be paid an allowance equivalent to the Transport Allowance as provided by Determination made under the Health Services Act, 1997 as varied from time to time.

 

6.        Delete paragraph (b) of subclause (v) of clause 12, Special Working Conditions, and insert in lieu thereof the following:

 

(b)      Employees regularly required to perform work on sewerage works and grease traps or other duties considered offensive by the Ministry of Health, shall be paid an allowance at the rate as set out in Item 15 of Table 1 per week.  The allowance is not automatically adjusted in the future.

 

7.        Delete paragraph (d) of subclause (viii) of the said clause 12, and insert in lieu thereof the following:

 

(d)      Height Money - Employees working at a height of 7.5 metres from the ground, deck, floor or water shall be paid as set out in Item 22 of Table 1 per hour extra.  Height shall be calculated from where it is necessary for the employee to place his/her hands or tools in order to carry out the work to such ground, floor, deck or water.  For the purpose of this subclause, deck or floor means a substantial structure which, even though temporary, is sufficient to protect an employee from falling any further distance.  Water level means, in tidal waters, mean water level. This subclause shall not apply to employees working on a suitable scaffold erected in accordance with the Work Health and Safety Act 2011.

 

8.        Delete subparagraph (3) of paragraph (q) of subclause (viii) of the said clause 12, and insert in lieu thereof the following:

 

(3)      Where there is an absence of adequate natural ventilation, the employer shall provide ventilation by artificial means and/or supply an approved type of respirator and in addition protective clothing shall be supplied where recommended by the Ministry of Health.

 

9.        Delete paragraph (d) of subclause (ii) of clause 13, Excess Fares and Travelling, and insert in lieu thereof the following:

 

(d)      Where the employee is required to report to an alternative place of work and has the prior approval of the employer to travel by his/her own mode of conveyance, the employee shall be paid a kilometre allowance for kilometres travelled in excess of the kilometres the employee normally travels between the accustomed place of work and home.  The kilometre allowance will be as prescribed from time to time by the Crown Employees (Public Service Conditions of Employment) Award.

 

10.      Delete paragraph (b) of subclause (iv) of the said clause 13, and insert in lieu thereof the following:

 

(iv)

 

(a)      The provisions of this clause shall not apply to an employee appointed to regularly perform relief duties or to employees specifically employed to perform duties at more than one place of work except as provided in paragraph (b) hereunder of this subclause.

 

(b)      If a reliever incurs fares in excess of $5.00* per day in travelling to and from the relief site, the excess shall be reimbursed.

 

* Where a reliever, with the prior approval of the employer, travels by his/her own mode of conveyance and incurs travelling costs in excess of $5.00 per day to and from the relief site, such excess shall be reimbursed.  The rate applicable shall be the kilometre allowance prescribed from time to time by the Crown Employees (Public Service Conditions of Employment) Award, less $5.00.

 

11.      Delete subclause (iv) of Clause 14, Meals, and insert in lieu thereof the following:

 

(iv)      The meals referred to in sub-clauses (ii) and (iii) of this clause shall be allowed to the employee free of charge.  Where the employer is unable to provide such meals an allowance as set out in Item 44 of Table 1 of Part B shall be paid to the employee concerned.  This allowance shall be varied as the rates are varied from time to time by the Crown Employees (Public Service Conditions of Employment) Award.

 

12.      Delete paragraph (b) of subclause (i) of clause 15, Public Holidays, and insert in lieu thereof the following:

 

(b)      For the purpose of this clause the following shall be deemed public holidays, viz.: New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Christmas Day, Boxing Day, Anzac Day, Queen's Birthday, Labour Day, and any other standard public holiday declared under Section 4 of Part 2 of the Public Holidays Act 2010.

 

13.      Delete clause 47, No Extra Claims and renumber subsequent clauses accordingly.

 

14.      Delete renumbered clause 48, Area, Incidence and Duration, and insert in lieu thereof the following:

 

48.  Area, Incidence and Duration

 

(i)       This Award rescinds and replaces the Health Employees Conditions of Employment (State) Award published 24 February 2006 (357 IG 424) and all variations thereof.

 

(ii)       This Award shall apply to persons employed in classifications contained in the following so listed awards, employed in the NSW Health Service under section 115(1) of the Health Services Act 1997, or their successors, assignees or transmittees, excluding the County of Yancowinna.

 

Health Employees’ (State) Award

 

Health Employees’ General Administrative Staff (State) Award

 

Health Employees’ Administrative Staff (State) Award

 

Health Employees’ Technical (State) Award

 

Health Employees’ Engineers (State) Award

 

Health Employees’ Pharmacists (State) Award

 

Health Employees’ Medical Radiation Scientists (State) Award

 

Health Employees’ Computer Staff (State) Award

 

Health Managers (State) Award

 

Health Employees’ Interpreters (State) Award

 

Public Hospital Residential Services Assistant (State) Award

 

NSW Health Service Health Professionals (State) Award in relation to Diversional Therapists and Orthotists/Prosthetists only.

 

(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 16 April 2012.

 

(iv)      This award remains in force until varied or rescinded, the period for which it was made having already expired.

 

15.      deleting the amount of $25.80 appearing against Item 44 in Table 1, Other rates and Allowances of Part B, Monetary Rates and inserting in lieu thereof the amount of $26.45.

 

 

 

 

C.G. STAFF J

 

 

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Printed by the authority of the Industrial Registrar.