Health Employees' Engineers (State) Award 2018
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Ministry of Health.
(Case No. 2018/199330)
Before Commissioner
Murphy
|
3 July 2018
|
AWARD
PART A
Arrangement
Clause No. Subject
Matter
1 Definitions
2 Salaries
3 Grading
Committee
4 Conditions
of Service
5 Dispute
Resolution
6 Anti-Discrimination
7 No Extra
Claims
8 Area,
Incidence and Duration
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 their respective meaning
assigned to them:
"Assistant Engineer" means a person appointed as
such to an established position as approved by the employer and who has
acquired membership of the Institute of Hospital Engineering, Australia - NSW
Branch or such other qualifications as the employer deems appropriate, provided
that all persons employed and classified as assistant engineers in public
hospitals at the operative date of this Award shall be deemed to hold
qualifications to the level required by this Award.
"Engineer" means a person appointed as such to an
established position as approved by the employer and who has acquired
membership of the Institute of Hospital Engineering, Australia - NSW Branch or
such other qualifications as the employer deems appropriate, provided that all
persons employed and classified as engineers in public hospitals at the
operative date of this Award shall be deemed to hold qualifications to the
level required by this Award.
"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.
"Hospital" means a public hospital as defined in
section 15 of the Health Services Act
1997.
"Maintenance Supervisor (Tradesman)" means a
person appointed as such to an established position as approved by the employer
and:
(a) who assists the
engineer or the assistant engineer in the supervision of staff and the general
maintenance work of the hospital and, in addition, relieves him during his
absence; or
(b) who, where there is no engineer, is responsible for the
operation of the steam raising plant and general maintenance work.
"Union" means the Health Services Union NSW.
2. Salaries
Employees shall be paid not less than the minimum salaries
as set out in Table 1 - Salaries, of Part B, Monetary Rates.
3. Grading Committee
(i) A
committee consisting of up to three representatives of the employer and up to
three representatives of the Union shall be constituted to consider and
recommend to the employer (a) the grading of any new position or any variation
of grading or classification of a position as a result of any substantial
alteration of duties and/or responsibilities or in any case of anomaly; and (b)
the date of effect of the grading recommended. Provided that:
(a) an employee shall, while the grading of his position is
under consideration by the committee be ineligible to be a member of the
committee;
(b) the committee shall not, without sufficient reason,
recommend the retrospective operation of any grading; and
(c) where a retrospective date of effect is recommended such a
date shall not be earlier than a date six months prior to the date on which the
matter was referred to the committee.
(ii) The members of
the committee shall be entitled to examine any statement of duties pertaining
to any position referred to the committee and any papers which illustrate the
type of work performed by the occupant of the position or, if the employer
approves, papers which are otherwise relevant to the question of the grading of
the position, including statements of duties of other positions.
(iii) Except as
otherwise provided, the matters to be referred to the committee shall be:
(a) any application
by an employee for review of the grading of the position he occupies if the
chief executive officer of the Health Service certifies that in his opinion
there has been a substantial alteration of duties and/or responsibilities since
the last grading of the position and states the nature of such alteration, or
that the grading of the position is markedly out of keeping with that of other
positions in the Health Service;
(b) the grading of any new position;
(c) such cases as
the Union may raise where the Union has stated the grounds and indicated the
basis on which it desires such cases to be considered by the committee; and
(d) such other cases as the NSW Ministry of Health may approve.
(iv) The
committee shall meet to consider the grading of a position within twenty-one
days of such grading having been referred to the committee.
(v) In the event of
the members of the committee being in disagreement as to the grading to be
recommended for a position or as to the date of effect, the members
representing the Union shall, within twenty-one days of the meeting of the
committee at which such disagreement occurred, furnish to the employer, a
written report stating the grading or date of effect which they consider
appropriate with their reasons therefore and indicating also whether they wish
to interview the employer in connection with their representations.
(vi) The
report of the committee shall be signed by at least one representative of the
employer and of the Union.
(vii) Nothing in this
clause shall affect the right of the Union to apply to the Public Health
Employees (State) Industrial Committee for the settlement of any dispute
arising from the grading of any employees under this Award.
4. Conditions of
Service
(i) The
Health Employees’ Conditions of Employment (State) Award, as amended or
replaced from time to time, shall apply to all persons covered by this Award.
Provided that clause 9, Overtime, of that Award shall
not apply to an employee covered by this Award who is:
(a) classified as Engineer, Grade 7; or
(b) paid an allowance because he acts in the capacity of a group
engineer or regional engineer; or
(c) who, following 13 November 1997, is reclassified to a higher
grade because he acts in the capacity of a group engineer or regional engineer;
and the salary rates of
engineers not so entitled to overtime shall be deemed to cover all incidents of
employment.
(ii) In addition,
the Health Industry Status of Employment (State) Award, as amended or replaced
from time to time, shall also apply to relevant employees.
5. Dispute Resolution
The dispute resolution procedures contained in the Health
Employees’ Conditions of Employment (State) Award, as amended or replaced from
time to time, 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. 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, 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 2019 by a party to this Award.
8. Area, Incidence and
Duration
(i) This
Award takes effect from 1 July 2018 and shall remain in force for a period of
one year. The wage rates as outlined in Table 1 - Salaries, will apply from the
first full pay period on or after (ffppoa) 1 July
2018.
(ii) This Award
rescinds and replaces the Health Employees’ Engineers (State) Award published 9
February 2018 (382 I.G. 253) and all variations thereof.
(iii) 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.
PART B
MONETARY RATES
Table 1 - Salaries
Classification
|
Rate from ffppoa
|
|
01/07/2018
|
|
2.5%
|
|
$ per week
|
Engineer
|
|
Grade 1
|
1,400.86
|
Grade 2
|
1,501.93
|
Grade 3
|
1,601.76
|
Grade 4
|
1,702.42
|
Grade 5
|
1,852.79
|
Grade 6
|
2,003.06
|
Grade 7
|
2,327.77
|
Assistant Engineer
|
|
Grade 1
|
1,400.86
|
Grade 2
|
1,501.93
|
Grade 3
|
1,601.76
|
Grade 4
|
1,702.42
|
Grade 5
|
1,852.79
|
Grade 6
|
2,003.06
|
Maintenance Supervisor (Tradesman)
|
|
Grade 1
|
1,255.01
|
Grade 2
|
1,351.66
|
J.
V. MURPHY, Commissioner.
____________________
Printed by the authority of the Industrial Registrar.