Public
Hospital Residential Services Assistants (State) Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Health
Services Union, Industrial Organisation of Employees.
(No. IRC 2090 of 2008)
Before Commissioner
McLeay
|
12 November 2008
|
AWARD
PART A
Arrangement
Clause No. Subject Matter
6. Anti-Discrimination
7. Area,
Incidence and Duration
4. Conditions
of Service
1. Definitions
5. Dispute
Resolution
3. No Extra
Claims
2. Salaries
PART B
MONETARY RATES
Table 1 - Salaries
PART A
1. Definitions
Unless the context otherwise indicates or requires the
several expressions hereunder defined shall have the respective meanings
assigned to them:
"Employer" means the Director-General exercising
employer functions on behalf of the Government of NSW (and includes a delegate
of the Director-General).
"Health Service" means an Area Health Service
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.
"Hospital" means a public hospital as defined in
section 15 of the Health Services Act, 1997.
"Residential Services Assistant" means a person
other than a registered nurse, enrolled nurse or residential care nurse, who is
employed in the delivery of domestic services to clients in residential
settings conducted by or on behalf of hospitals or area health services, and
which are located either in the general community or in the grounds of
hospitals excepting any "off-campus" or "satellite" group
homes generated from the Weemala Unit of the Royal Rehabilitation Service.
"Union" means the Health Services Union.
2. Salaries
Salaries for Residential Services Assistants shall be as set
out in Table 1-Salaries, of Part B, Monetary Rates.
3. No Extra Claims
The Memorandum of Understanding between the employer and the
Union dated 23 September 2008 establishes the extent of any further claims that
may be pursued by the Union.
4. Conditions of
Service
The Health Employees Conditions of Employment (State) Award,
as varied 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 relevant employees.
5. Dispute Resolution
The dispute resolution procedures contained in the said
Health Employees Conditions of Employment (State) Award shall apply.
6.
Anti-Discrimination
(i) It is 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. Area, Incidence
and Duration
(i) This Award
rescinds and replaces the Public Hospital Residential Services (State) Award
published 3 March 2006 (357 I.G. 815) 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.
(iii) This Award
takes effect from 12 November 2008, and shall remain in force until 30 June
2011.
PART B
MONETARY RATES
Table 1 - Salaries
Classification
|
Rate from
|
Rate from
|
Rate from
|
|
1.7.2008
|
1.7.2009
|
1.7.2010
|
|
$
|
$
|
$
|
Residential Services Assistant
|
|
|
|
1st year of service
|
779.60
|
810.00
|
841.60
|
2nd year of service
|
795.10
|
826.10
|
858.30
|
3rd year of service
|
810.60
|
842.20
|
875.00
|
4th year of service
|
829.60
|
862.00
|
895.60
|
5th year of service
|
844.80
|
877.70
|
911.90
|
J.
McLEAY, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.