Health
Professional and Medical Salaries (State) Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(No. IRC 184 of 2012)
Before The Honourable
Mr Justice Staff
|
19 March 2012
|
REVIEWED
AWARD
1. Delete the
Arrangement of the award published 24 April 2009 (367 I.G. 1169), and insert in
lieu thereof the following:
Arrangement
Clause No. Subject Matter
1. Definitions
2. Salaries
3. Salary Sacrifice to Superannuation
4. Conditions of Service
5. Dispute Resolution
6. Salary Packaging
7. Area, Incidence and Duration
PART B - MONETARY
RATES
PART C - LIST OF
AWARDS
2. Delete
definition of “Union” in clause 1, Definitions, of Part A and insert in lieu
thereof the following:
"Union" means HSUeast and, in relation to
Career Medical Officers only, HSUeast and the Australian Salaried Medical
Officers’ Federation (New South Wales).
3. Delete
definition of “Employer” in clause 1, Definitions, and insert in lieu thereof
the following:
"Employer" means the Director-General of the
Ministry of Health exercising employer functions on behalf of the Government of
NSW (and includes a delegate of the Director-General).
4. Delete clause
5, No Extra Claims, and renumber subsequent clauses accordingly.
5. Delete
subclauses (iv) and (v) of clause 7, 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.
(v) 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.
6. Delete existing
clause 8, Area, Incidence and Duration, and insert in lieu thereof the
following:
7. Area, Incidence
and Duration
(i) This Award
rescinds and replaces the Health Professional and Medical Salaries (State)
Award published 24 March 2006 (358 IG 363) and all variations thereof.
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.
(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.
7. Delete rates
for “Aboriginal Health Education Officer-Graduate” in “Part B, Monetary Rates”
and insert in lieu thereof the following:
ABORIGINAL
HEALTH EDUCATION OFFICER - GRADUATE
|
|
1st
year
|
986.70
|
2nd
year
|
1,034.60
|
3rd
year
|
1,099.00
|
4th
year
|
1,160.60
|
5th
year
|
1,229.00
|
6th
year
|
1,292.50
|
7th
year
|
1,347.10
|
8th
year
|
1,400.70
|
9th
year
|
1,461.10
|
An Aboriginal Health Education Officer-Graduate who has
completed 12 months service at the salary
|
prescribed on the maximum of the scale and has
demonstrated to the satisfaction of the employer by
|
the work performed and the results achieved, the aptitude,
abilities and qualities of mind
warranting
|
such payment, may
progress to the following rate:
|
10th
year
|
1,534.70
|
11th
year
|
1,608.50
|
8. Delete
rates for “Environmental Health Officers” in “Part B-Monetary Rates” and insert
in lieu thereof the following:
ENVIRONMENTAL
HEALTH OFFICERS
|
|
1st
year
|
51,500.00
|
2nd
year
|
53,974.00
|
3rd
year
|
57,323.00
|
4th
year
|
60,549.00
|
5th
year
|
64,120.00
|
6th
year
|
67,441.00
|
7th
year
|
70,261.00
|
8th
year
|
73,071.00
|
9th
year
|
76,245.00
|
10th
year - Performance Barrier
|
80,083.00
|
11th
year - Performance Barrier
|
83,916.00
|
In
order to progress to Year 10 of the scale, an Environmental Health Officer
must have:
|
|
(i) completed 12
months service at the salary prescribed
on the maximum of the scale; and
|
|
(ii) have
demonstrated to the satisfaction of the
employer by the work performed and the results
|
achieved, the aptitude and qualities of mind warranting such payment.
|
|
After 12 months satisfactory work performance on Year
10, the officer will progress to the year 11
|
rate. Under
no circumstances can Environmental Health Officers receive Year 10 or Year 11
rates
|
unless they fulfil these criteria.
|
9 Delete rates
for “Health Education Officer-Graduate” in Part B, Monetary Rates and insert in
lieu thereof the following:
HEALTH
EDUCATION OFFICER - GRADUATE
|
|
1st
year of service
|
51,500.00
|
2nd
year of service
|
53,974.00
|
3rd
year of service
|
57,323.00
|
4th
year of service
|
60,549.00
|
5th
year of service
|
64,120.00
|
6th
year of service
|
67,441.00
|
7th
year of service
|
70,261.00
|
8th
year of service
|
73,071.00
|
9th
year of service & thereafter
|
76,245.00
|
|
A Graduate Health Education Officer who:-
|
|
(i) has
completed 12 months service at the salary prescribed on the maximum of the
scale;
|
(ii) has
demonstrated to the satisfaction of the employer (or Delegate via Grading
Committee) by the
|
work performed and the results achieved, the aptitude, abilities and qualities of
mind warranting such
|
payment, may progress to the following rate
|
On Maximum for 12 months
|
80,083.00
|
|
and after 12 months service in receipt of this rate, shall be paid the following rate subject
to approval of
|
the Grading Committee.
|
On Maximum for further 12 months
|
83,929.00
|
10. Delete rates for
“Senior Health Education Officer-Graduate” in “Part B-Monetary Rates” and
insert in lieu thereof the following:
SENIOR
HEALTH EDUCATION OFFICER - GRADUATE
|
|
1st
year of service
|
83,916.00
|
2nd
year of service
|
87,378.00
|
3rd
year of service
|
90,872.00
|
|
|
Part-time
Ethnic Health Worker (p/hour)
|
33.21
|
Part-time
Ethnic Day Care Co-ordinator (p/hour)
|
33.57
|
C.G.
STAFF J
____________________
Printed by
the authority of the Industrial Registrar.