HealthShare NSW Patient Transport Officers' (State) Award
2021
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH
WALES
Application by NSW Ministry of Health.
(Case No. 186400 of 2021)
|
Before Chief
Commissioner Constant
|
30 July 2021
|
AWARD
PART
A
Arrangement
Clause No. Subject
Matter
Definitions
Salaries
Conditions of Employment
Classifications
Meals
Anti-Discrimination
No Extra Claims
Area, Incidence and Duration
PART B
Table 1 - Rates
of Pay
Table 2 - Other
Rates and Allowances
1. Definitions
“Employer” means the Secretary of the
Ministry of Health exercising
employer functions on behalf of the Government of NSW (and includes a
delegate of the Secretary).
“Patient Transport Officer” means an employee of HealthShare
NSW who is appointed to an approved Patient Transport Officer position.
“Trainee Patient Transport Officer” means an
employee of HealthShare
NSW who is undertaking the necessary and relevant training and work experience
as determined by the employer to become a Patient Transport Officer.
“Union” means the Health Services Union New
South Wales.
2.
Salaries
Full time Patient Transport
Officers, as defined under this award, shall be paid the salaries as set out in
Table 1 of Part B - Monetary Rates of this Award.
3. Conditions of Employment
(i) The following awards as varied or replaced from time to time shall apply except in so far as any term
of any of those awards are
inconsistent with this award:
Health Employees Conditions of
Employment (State) Award 2019, as varied or replaced from time to time; except
for:
Clause 3(xii) and (xiii) – the meal
break and tea break provisions do not apply; and
Clause 14(i)
and (vi) – do not apply, and Health Industry Status of Employment (State) Award
2019, as varied or replaced from time to time.
In the event of any inconsistency between the above awards, the provisions
in this award shall apply.
4.
Classifications
(i) A Trainee Patient Transport Officer is an
employee who is undertaking the necessary and relevant training and work
experience as determined by HealthShare NSW to become
a Patient Transport Officer and who is appointed to an approved Trainee Patient
Transport Officer position.
This category of employee will be involved
in routine and non-emergency patient transport utilising
basic life support skills. Among other things, this category of employee will
receive training and certification in work health and safety, first aid, driver
training, patient handling, oxygen administration, equal employment
opportunity, anti-discrimination and anti-harassment.
(ii) A
Patient Transport Officer is an employee who has successfully completed the
necessary and relevant training and work experience as determined by the
employer to become a Patient Transport Officer and who is appointed to an
approved Patient Transport Officer position. Provided that such an employee
shall be required to undertake and successfully complete further
instruction/in-service courses necessary for Patient Transport Officers as
determined by the employer.
This category of employee will be
involved in routine and non-emergency patient transport utilising
basic life support skills. This category of employee will not be utilised to crew ambulances engaged in emergency/casualty
response.
Provided that such an officer shall
be required to undertake and successfully complete further instruction/in
service courses and certification examinations as required by HealthShare NSW.
5.
Meals
(i) Employees working shifts of less than 12
hours duration shall have one paid 30 minute crib break to be taken between the
fourth and seventh hour unless otherwise agreed between the parties.
(ii) Employees
working 12 hour shifts will be entitled to two paid 30 minute crib breaks to be
taken between the fourth and seventh hour and the eighth and eleventh hour
unless otherwise agreed between the parties.
(iii) Employees who, due to
operational requirements, are unable to take their paid crib break within the
prescribed times, or whose crib break is not completed, shall receive an
additional payment of one hour at ordinary time.
(iv) An employee who is directed
to take their crib break away from her or his starting location for that shift,
will be paid a crib away allowance as follows:
(a) Where
an employee is entitled to one crib break per shift the payment for any crib
directed to be taken away from the employee’s starting location for that shift
will be paid at the rate prescribed in Item 1 of Table 2 - Other Rates and
Allowances of Part B of this Award for each occasion that the employee is so
directed.
(b) Where
an employee is entitled to two crib breaks per shift the payment for any crib directed
to be taken away from the employee’s starting location for that shift will be
the paid at the rate prescribed in Item 2 of Table 2 - Other Rates and
Allowances of Part B of this Award for each occasion that the employee is so
directed.
6.
Anti-Discrimination
(i) It is the intention of the parties bound
by this Award to seek to achieve the object of section 3(f) if 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 and age.
(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 effects. It will be consistent
with the fulfilment of these obligations for the parties to make an application
to vary any provisions 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 exempt from anti-discrimination
legislation.
(b) Offering
or providing junior rates to a person 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 a 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:
(i) Employers and employees may also be
subject to Commonwealth anti- discrimination legislation.
(ii) 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 2022 by a party to this Award.
8.
Area, Incidence and Duration
(i) This
Award takes effect from 1 July 2021 and shall remain in force for a period of
one year. The salaries and allowances in the last column of Table 1 - Salaries
and Table 2 - Other Rates and Allowances of Part B, Monetary Rates, will apply
from the first full pay period on or after (ffppoa) 1
July 2021.
(ii) This Award rescinds and
replaces the HealthShare NSW Patient Transport
Officers (State) Award published 29 May 2020 (388 I.G. 774) and all variations
thereof.
(iii) This
Award shall apply to persons employed in classifications contained herein in the NSW Health Service employed within HealthShare
NSW under section 115(1) of the Health
Services Act 1997, or any successors, assignees or transmittees.
PART B
Table 1-
Salaries
|
Classification
|
Rate to apply prior to ffppoa
01/07/2021
$
|
Rate effective first full pay
period on or after 1/07/2021
$
|
|
Trainee Patient Transport Officer
|
1,046.64
|
1,067.99
|
|
Patient Transport Officer
|
1,093.30
|
1,115.60
|
Table 2 - Other Rates and Allowances
|
Item
|
Clause
|
Allowance
Description
|
Rate
to apply prior to ffppoa
01/07/2021
$
|
Rate
effective first full pay period on or after 1/7/2021
$
|
|
1
|
5(iv)(a)
|
Crib Away Allowance
(Single Crib)
|
23.18
|
23.65
|
|
2
|
5(iv)(b)
|
Crib Away Allowance
(Two Cribs)
|
11.59
|
11.83
|
N. CONSTANT, Chief Commissioner
____________________
Printed by
the authority of the Industrial Registrar.