PUBLIC HOSPITAL (CAREER MEDICAL 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 1742 of 2004)

 

 

REVIEWED AWARD

 

1.          Insert in alphabetical order into clause 1, Arrangement, the following new clause number and subject matter, of the award published 3 August 2001 (326 I.G. 811).

 

26.       Reasonable Hours

 

2.          Renumber in alphabetical order in clause 1, Arrangement, clause 26, Area, Incidence and Duration, to read as follows:

 

27.       Area, Incidence and Duration

 

3.          Delete the definitions, "Association" "Health Service" and "Hospital" of clause 2, Definitions, and insert in lieu thereof the following:

 

"Union" means the Australian Salaried Medical Officers' Federation (New South Wales) or the Health Services Union.

 

"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 1977.

 

4.          Delete the words "Association(s)" wherever appearing in the award, and insert in lieu thereof the following:

 

"Union(s)"

 

5.          Insert after clause 25, Salary Packaging, the following the clause:

 

26.  Reasonable Hours

 

(i)         Subject to subclause (ii), an employer may require an employee to work reasonable overtime at overtime rates.

 

(ii)        An employee may refuse to work overtime in circumstances where the working of such overtime would result in the employee working hours which are unreasonable.

 

(iii)       For the purposes of subclause (ii) what is unreasonable or otherwise will be determined having regard to:

 

(a)        any risk to employee health and safety;

 

(b)        the employee's personal circumstances including any family and carer responsibilities;

(c)        the needs of the workplace or enterprise;

 

(d)        the notice (if any) given by the employer of the overtime and by the employee of his or her intention to refuse it; and

 

(e)        any other relevant matter.

 

6.          Delete clause 27, Area, Incidence and Duration, and insert in lieu thereof the following:

 

27.  Area, Incidence and Duration

 

(i)         This Award has been reviewed in accordance with section 19 of the Industrial Relations Act 1996.

 

(ii)        This award rescinds and replaces the Public Hospital (Career Medical Officers) (State) Award published 16 April 1993 (274 I.G. 585) and all variations thereof .

 

(iii)       This Award shall apply to all officers as defined herein, and shall take effect on and from the beginning of the first pay period to commence on or after 14 May 2001and it shall remain in force thereafter for a period of twelve months.

 

(iv)       The provisions of this Award do not apply to medical officers who are employed as Interns, Resident Medical Officers, Registrars or Senior Registrars.

 

(v)        The changes made to the award pursuant to the Award Review under 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 New South Wales on 28 April 1999 (310 I.G. 359) take effect on and from 8 June 2004.

 

(vi)       This award remains in force until varied or rescinded, the period for which it was made already having expired.

 

7.          Delete the figures "17.90" in Item 3 of Table 1, Allowances, and insert in lieu thereof the following:

 

"19.75"

 

 

 

J. P. GRAYSON  D.P.

 

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.