Public Hospital (Medical Officers) Award

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

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

 

(No. IRC 192 of 2012)

 

 

REVIEWED AWARD

 

1.        Delete the definition "Director of Public Employment" appearing in clause 1, Definitions, of the award published 24 April 2009 (367 I.G. 1300).

 

2.        Delete the definition "Director-General" appearing in the said clause 1, and insert in lieu thereof the following:

 

"Director-General" means the Director-General of the Ministry of Health.

 

3.        Delete the definition "Health Service" appearing in the said clause 1, 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 "Higher Medical Qualifications" in clause 1, Definitions, and insert in lieu thereof the following:

 

"Higher Medical Qualifications" means such qualifications obtained by a medical practitioner subsequent to graduation and includes:

 

(i)       post-graduate university degrees and diplomas recognised by the Medical Board of Australia as qualifications, or

 

(ii)       membership or fellowship of the Royal College or Royal Australasian College of Physicians or fellowship of the Royal College or Royal Australasian College of Surgeons or membership or fellowship of the Royal College of Obstetricians and Gynaecologists, or

 

(iii)      such other post-graduate qualifications obtained by examination and recognised by the Medical Board of Australia and acceptable to the employer, including fellowship of the Royal Australian College of General Practitioners.

 

5.        Delete the definition "Intern" appearing in the said clause 1, and insert in lieu thereof the following:

 

"Intern" means a medical officer serving in a hospital prior to obtaining full registration with the Medical Board of Australia pursuant to the Health Practitioner Regulation National Law Act.

 

6.        Delete the definition "Registrar" appearing in the said clause 1, and insert in lieu thereof the following:

 

"Registrar" means a medical officer who:

 

(i)       has had at least three years' experience in public hospital service as defined under this award or any lesser period acceptable to the Ministry of Health, and

 

(ii)       is appointed as a registrar by a hospital, and

 

(iii)      is occupying a position of registrar in an established position as approved by the employer.

 

7.        Delete the definition "Union" appearing in the said clause 1, and insert in lieu thereof the following:

 

"Union" means HSUeast

 

8.        Delete subclause (i) of clause 7, Part-Time Employees, and insert in lieu thereof the following:

 

(i)       Medical officers engaged on a part time basis as at 1 June 1993 under the provisions of Agreement No 1 of 1975 made in accordance with section 40BA of the Public Hospitals Act 1929, were able to elect to be employed as part time employees under the provisions of this clause.  Part time employees who did not make such an election continue to be subject to the provisions of Agreement No. 1 of 1975 (see Ministry of Health Policy Directive PD2005_474) in lieu of the provisions of this clause.

 

9.        Delete clause 10, Meal Breaks, and insert in lieu thereof the following:

 

10.  Meal Breaks

 

The principles to be applied by the employer in relation to meal breaks for Resident Medical Officers are outlined in Ministry of Health Circular No. 88/251.

 

Day Shifts - Monday to Friday

 

(i)       In the interests of patient care and the health and welfare of medical staff, officers must have a break from duty for the purpose of taking a meal.

 

(ii)       There shall be a uniform meal break of 30 minutes except where locally agreed arrangements for a longer period are made (which shall not exceed one hour).

 

(iii)      If officers are required to work during their meal break they shall be paid for the time worked.

 

(iv)      Medical Administrators are to establish simple and effective procedures in consultation with officers to record when staff are required to work through their meal break and to ensure that payment is made.

 

Shifts Other than Day Shifts - Monday to Friday

 

The arrangements outlined in Circular No. 83/250 of 19 August, 1983 in relation to meal breaks during shifts other than Day Shifts, Monday to Friday, will continue to apply.

 

10.      Delete the "Notation" clause appearing at end of clause 14, Annual Leave, and insert in lieu thereof the following:

 

NOTATION:  The conditions under when the annual leave loading shall be paid to officers are the same as generally applied through circulars issued by the Ministry of Health.

 

11.      Delete subclauses (i) and (ii) of clause 26, Travelling Allowance, and insert in lieu thereof the following:

 

(i)       An officer 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 officer drives his/her own vehicle, he/she shall, in lieu, be eligible for a mileage allowance equivalent to the "Transport Allowance" as determined under the Health Services Act 1997 from time to time, for the difference between the distance to his/her normal place of employment and the distance to the seconding hospital.

 

(ii)       An officer who, with the approval of the employer, uses on official business, a motor vehicle maintained primarily for other than official business, shall be paid the above-mentioned mileage allowance from time to time effective. However, where it is estimated that an officer will, with the approval of the employer, be required to use his/her private vehicle on official business on at least 50 days during any period of 12 months and during that period aggregate at least 850 kilometres of official running, he/she shall be paid at the "Official Business Rate" prescribed by clause 36 of the Crown Employees (Public Service Conditions of Employment) Award 2009 at the rate in force from time to time throughout the year.

 

12.      Delete clause 32, Redundancy - Managing Displaced Employees insert in lieu thereof the following:

 

32.  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.

 

13.      Delete subclauses (iv) and (v) of clause 33, 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 district is subject to prevailing Australian taxation laws.

 

14.      Delete clause 36, Area, Incidence and Duration, and insert in lieu thereof the following:

 

36.  Area, Incidence and Duration

 

(i)       This Award rescinds and replaces the Public Hospital Medical Officers (State) Award published 24 April 2009 (367 IG 1300) and all variations thereof.

 

(ii)       This Award shall apply to persons employed in classifications contained herein employed in the New South Wales 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 26 April 2012.

 

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

 

15.      Delete the three amounts of $25.80 appearing in Item 2 of Part B, Table 1 - Allowances and Other Rates, and replace with the amounts of $26.45 respectively.

 

16.      Delete Schedule 1 and insert in lieu thereof the following:

 

SCHEDULE 1

 

Albury Base Hospital

 

Armidale and New England Hospital

 

Bathurst Base Hospital

 

Bega Hospital

 

Broken Hill Hospital

 

Coffs Harbour Hospital

 

Dubbo Base Hospital

 

Goulburn Bsae Hospital

 

Grafton Base Hospital

 

Griffith Hospital

 

Lismore Base Hospital

 

Orange Base Hospital

 

Port Macquarie Base Hospital

 

Shoalhaven Memorial Hospital

 

Tamworth Rural Referral hospital

 

Taree Manning Base Hospital

 

Tweed Heads District Hospital

 

Wagga Wagga Base Hospital

 

 

 

 

C.G. STAFF J

 

 

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Printed by the authority of the Industrial Registrar.