Operational Ambulance Officers (State) Award

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

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

 

(No. IRC 188 of 2012)

 

 

REVIEWED AWARD

 

1.        Delete the  definition "The Department" appearing in clause 4, Definitions, of the award published 11 February 2011 (371 I.G. 114) and insert in lieu thereof the following:

 

"The Ministry" means the Ministry of Health.

 

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

 

"Service" means continuous service with one or more District Committees prior to 13 April 1973, and continuous service as a servant of the New South Wales Ambulance Board on and from 13 April 1973, and continuous service as a servant of the Commission on and from 1 January 1977 and continuous service as a servant of the Corporation on and from 17 August 1982 and continuous service with the NSW Department of Health on and from 17 March 2006, and continuous service with the Ministry of Health on and from 5 October 2011.

 

3.        Delete clause 12, Allowance and Classification Arrangement, and insert in lieu thereof the following:

 

12.  Allowance and Classification Arrangements

 

(a)      An employee who is paid an allowance or at a classification for which there is a certification or qualification requirement, will cease to have an entitlement to such payment if the employee:

 

(i)       Fails to successfully complete further instruction/in service courses and/or certification examinations as required by the Service every three years or;

 

(ii)      Elects not to undertake further instruction/in service courses and/or certification examinations as required by the Service every three years.

 

(iii)      Applies for and obtains a transfer to a position which is not a nominated position requiring such skills.

 

(b)      Payment of shift penalties and other work related allowances or payments to employees subject to misconduct/disciplinary inquiries will be made on the terms and conditions prescribed by the Ministry’s Policy Directive 2005_095

 

4.        Delete subclause (c) of clause 14, Travelling Time and Expenses, and insert in lieu thereof the following:

 

(c)      Where an employee, with the prior approval of the Service, travels by the employee’s own motor vehicle, the employee shall be paid the casual journey rate as prescribed by the Crown Employees (Public Sector Conditions of Employment) Award, as amended from time to time, for all kilometres travelled in excess of the kilometres that the employee would normally travel between the employee’s usual place of residence and the ambulance station designated as his or her base station and return to such residence.

 

5.        Delete subclause (c) of clause 16, Relieving Other Members of Staff, and insert in lieu thereof the following:

 

(c)      If accommodation at no charge is not available to the relieving employee, accommodation costs will be met by the Service directly with the provider. In the unusual circumstance that the employee pays the cost of the accommodation they will be entitled to the reimbursement of accommodation expenses as per the Ministry’s Policy Directive on Travel (Policy Directive 2009_016)

 

6.        Delete subclauses (d) and (e) of clause 19, Salary Packaging, and insert in lieu thereof the following:

 

(d)      The salary packaging scheme utilises a fringe benefit taxation exemption status conferred on public hospitals and local health districts, which provides for a fringe benefit tax exemption cap of $17,000 per annum. The maximum amount of fringe benefits-free tax savings that can be achieved under the scheme is where the value of benefits when grossed-up, equal the fringe benefits exemption cap of $17,000. Where the grossed-up value exceeds the cap, the employer is liable to pay fringe benefits tax on the amount in excess of $17,000, but will pass this cost on to the employee. The employer’s share of savings, the combined administration cost, and the value of the package benefits, are deducted from pre-tax dollars.

 

(e)      The parties agree that the application of the fringe benefits tax exemption status conferred on public hospitals and local health districts is subject to prevailing Australian taxation laws.

 

7.        Delete subclause (a) of clause 28, Public Holidays, and insert in lieu thereof the following:

 

(a)      For the purpose of this clause, the following shall be public holidays, viz: New Year’s Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Queen’s Birthday, Local Labour Day, Christmas Day and Boxing Day, and any other standard public holiday declared under section 4 of part 2 of the Public Holiday Act 2010.

 

8.        Delete clause 31, Family & Community Services Leave and Personal/Carer’s Leave, and insert in lieu thereof the following:

 

31.  Family and Community Services Leave and Personal/Carer’s Leave

 

Employees shall be granted family and community services leave and personal/carer’s leave in accordance with the provisions of the Ministry’s Policy Directive 2007_031 Family and Community Services Leave and Personal/Carer’s Leave or its subsequent replacements

 

9.        Delete clause 34, Trade Union Leave, and insert in lieu thereof the following:

 

34.  Trade Union Leave

 

Employees shall be granted Trade Union Leave on such terms and conditions prescribed by the Ministry’s Policy Directive 2006_097 Trade Union Activities or its subsequent replacements.

 

10.      Delete subclause (c) of clause 38, Accommodation, and insert in lieu thereof the following:

 

(c)      Rental for all other employees will be subject to such terms and conditions prescribed by the Ministry’s Policy Directive 2005_089.

 

11.      Delete subclause (c) of clause 46, Leave Reserved and No Extra Claims" , and insert in lieu thereof the following:

 

(c)      Review of allowance for undertaking a paid crib break away from Station.

 

No additional claims to the Award can be pursued during the life of the 2010 Memorandum of Understanding between the Ministry and the Union, which ceases on 30 June 2014, excepting those listed in (a) to (c) above. Following the expiry of the Memorandum on 30 June 2014, the parties are entitled to pursue variations to salaries, salary related allowances and conditions of employment for 1 July 2014 onwards, which may include instituting proceedings before the Commission if the parties are unable to achieve agreement.

 

12.      Delete clause 47, Area, Incidence and Duration, and insert in lieu thereof the following:-

 

47.  Area, Incidence and Duration

 

(a)      This Award rescinds and replaces the Operational Ambulance Officers (State) Award published 26 June 2009 (368 I.G. 556) and all variations thereof.

 

(b)      It shall apply to all employees, as defined in this Award, employed by the Ambulance Service of New South Wales, excluding the County of Yancowinna, and shall regulate the terms and conditions of employment of such employees.

 

(c)      This Award takes effect from 24 December 2010 and shall remain in force for a period of three years.

 

(d)      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.

 

 

 

C.G. STAFF J

 

 

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Printed by the authority of the Industrial Registrar.