Hospital
Scientists (State) Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(No. IRC 185 of 2012)
Before The Honourable
Mr Justice Staff
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19 March 2012
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REVIEWED
AWARD
1. Delete the definition
of “Director of Public Employment, in clause 1, Definitions, of the award
published 24 April 2009 (367 IG 1191).
2. Delete the
definition of “Director-General" in clause 1, Definitions, and insert in
lieu thereof the following:
“Director-General” means the Director-General of the
Ministry of Health.
3. Delete
definition of “Health Service” in clause 1, Definitions, and insert in lieu
thereof the following:
“Health Service” means a Local Health District 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.
4. Delete
definition of “Trainee Hospital Scientist” in clause 1, Definitions, and insert
in lieu thereof the following:
"Trainee Hospital Scientist" means an
employee appointed as such who is undertaking a part-time degree course in
science at an approved University and is engaged in work related to the
profession for which he or she is qualifying.
5. Delete
definition of “Union” in clause 1, Definitions, and insert in lieu thereof the
following:
"Union" means HSUeast.
6. Delete
sub-clause (viii) in clause 9, Overtime and insert in lieu thereof the
following:
(viii) An employee
recalled to work overtime as prescribed by this subclause shall be paid all
fares and expenses reasonably incurred in travelling to and from his/her place
or work.
Provided further that where an employee elects to use
his/her 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.
7. Delete
sub-clause (ii) in clause 10, Meals, and insert in lieu thereof the following:
(ii) The value of
payments for meals shall be varied as the equivalent rates are from time to
time varied in the Crown Employees (Public Service Conditions of Employment)
Award.
8. Delete the
“Notation” paragraph appearing at end of clause 13, Annual Leave, and insert in
lieu thereof the following:
NOTATION: The conditions under when the annual leave
loading shall be paid to employees are the same as generally applied through
circulars issued by the Ministry of Health.
9. Delete
subclauses (i) and (ii) clause 28, Travelling Allowance, and insert in lieu
thereof the following:
(i) An employee
seconded to another hospital may be granted a daily travel allowance at the
rate of the difference between the cost of travel by public transport to his/her
normal place of employment and travel by public transport to the seconding
hospital. Provided that where an
employee drives his/her own vehicle, he/she shall, in lieu, be eligible for an
allowance based on the casual rate prescribed by the Crown Employees (Public
Service Conditions of Employment) Award, from time to time, for the difference
between the distance to his/her normal place of employment and distance to the
seconding hospital.
(ii) An employee
who with the approval of the employer, uses on official business a motor
vehicle primarily for other than official business, shall be paid the above
mentioned allowance from time to time effective. However, where it is estimated that an employee will, with the
approval of the employer, be required to use his/her private vehicle on
official business on at least fifty days during any period of twelve months and
during that period, aggregate at least 850 kilometres of official running, he
shall be paid the official business rate prescribed by Crown Employees (Public
Service Conditions of Employment) Award, at the rate in force from time to time
throughout the year.
10. Delete paragraph
(a) appearing under “Note” in subclause E, Communication During Leave, of
clause 32, Maternity, Adoption and Parental Leave, and insert in lieu thereof
the following:
NOTE:
(a) The entitlement
to maternity, adoption and parental leave for part-time employees who receive
an adjusted hourly rate (as defined in clause 8, Part 2, in this award), along
with casual employees, are in accordance with the provisions of Part 4,
Parental Leave of the Industrial Relations Act 1996 and/or Determination under
the Health Service Act 1997.
11. Delete clause
33, Redundancy, and insert in lieu thereof the following:
33. Redundancy - Managing
Displaced Employees
Employees shall be entitled to the provisions of
Ministry of Health Policy Directive 2007_085 – Managing Displaced Staff of the
NSW Health Service, as amended from time to time.
12. Delete paragraph
(d) of subclause (ii) of clause 35, Mobility, 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 prescribed from time to time by
the Crown Employees (Public Service Conditions of Employment) Award.
13. Delete paragraph
(b) subclause (iv) of clause 35, Mobility, Excess Fares and Travelling, and
insert in lieu thereof the following:
(b) If a reliever
incurs fares in excess of $5 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 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.
This $5 shall be reviewed annually by the employer.
14. Delete subclause
(iv) of clause 37, Salary Packaging, and insert in lieu thereof the following:
(iv) 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.
15. Delete clause
40, Area, Incidence and Duration, and insert in lieu thereof the following:
40. Area, Incidence
and Duration
(i) This Award
rescinds and replaces the Hospital Scientists (State) Award published 3 March
2006 (357 IG 774) and all variations thereof.
(ii) This Award
shall apply to persons employed in classifications contained herein employed in
the NSW Health Service under section 115(1) of the Health Services Act 1997, or
their successors, assignees or transmittees.
(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 19 March 2012.
(iv) This award
remains in force until varied or rescinded, the period for which it was made
having already expired.
16. Delete item 2 of
Table 1 - Allowances of Part B, and insert in lieu thereof the following:
2
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10
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Meal Allowance for overtime
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(a) Breakfast at or before 6.00 a.m.
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$26.45
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(b) Evening at least 1 hour after normal ceasing time and
extends
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$26.45
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beyond or is worked wholly after 7.00 p.m.
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(c) Lunch beyond 2.00 p.m. Saturdays, Sundays or Holidays
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$26.45
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C.G.
STAFF J
____________________
Printed by
the authority of the Industrial Registrar.