Health Employees' Technical (State) Award 2022
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH
WALES
Application by Ministry of Health.
(Case No. 192118 of 2022)
Before Chief
Commissioner Constant
|
20 July
2022
|
AWARD
PART A
Arrangement
Clause No. Subject
Matter
1. Definitions
2. Salaries
3. Exemptions
4. Conditions of Service
5. Disputes 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:
"Chief Medical
Photographer" means a medical photographer who has been appointed as Chief
Medical Photographer in a Medical Photography Department of a hospital.
"Dialysis
Technician" means a person employed as such who has the Industrial
Electronics Certificate of the Department of Technical and Further Education or
such other certificate or course of training as, in the opinion of the
employer, is deemed appropriate.
"Electronics
Technician" means a person employed as such who is the possessor of an
Electronics and Communications Certificate of the Department of Technical and
Further Education, or who has qualifications and/or experience deemed by the
employing hospital to be equivalent and the major
portion of whose duties include the construction, adaptation, alteration,
repair and/or maintenance of electronic equipment.
"Employer"
means the Secretary of the Ministry of Health exercising the employer functions
on behalf of the Government of New South Wales.
"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, as amended or varied from time to time
"Hospital"
means a public hospital as defined in section 15 of the Health Services Act 1997, as amended or
varied from time to time.
"Medical
Photographer" means a person who is employed as such and who has
satisfactorily completed the course in photography conducted by the Department
of Technical and Further Education or who possesses such other qualifications
as deemed by the employer to be appropriate and whose duties include taking, processing and recording all types of clinical photographs
needed for research, teaching, treatment, and/or medical illustration.
"Perfusionist
- Grade 1 (Trainee Perfusionist)" means a person appointed as such who
holds, or is qualified to hold, an appropriate tertiary qualification (Bachelor
of Science, Bachelor of Applied Science or equivalent
qualification) and who is training in perfusion.
"Perfusionist
- Grade 2 (Certified Perfusionist)" means a person who has obtained the
qualification of Certification in Perfusion of the Australasian Board of
Cardiovascular Perfusion or having qualifications deemed by the employer to be
equivalent, who is capable of performing perfusion
duties of a complex nature including research and development tasks.
"Perfusionist
- Grade 3 (In-Charge Perfusionist)" means a person who complies with all
duties of a Trained Certified Perfusionist but in addition manages the everyday
operation of the department in conjunction with a medical officer.
"Perfusionist
- Grade 4 (Director of Perfusion Services)" means a person appointed as
such who is the most senior Perfusionist within the Hospital and who is solely
responsible for the direction and supervision of other Perfusionists within the
Hospital. Director of Perfusion services is expected to exercise
organisational, supervisory and management skills, mature technical and
clinical knowledge, judgement as it relates to the operation and testing of
equipment, to continue to develop expertise with advances in the relevant body
of technical and clinical knowledge and to seek and utilise other specialist
advice when required to.
"Senior
Dialysis Technician" means a technician who has been appointed Senior
Dialysis Technician in the area of dialysis.
"Senior
Electronics Technician" means an electronics technician appointed to a
position approved as such by the employer.
"Senior
Technical Officer" means a person appointed to a position approved as such
by the employer.
"Sole
Electronics Technician" means an electronics technician appointed as such.
"Technical
Officer" means a person appointed as such who is the holder of the
Biological Technicians Certificate, the Chemistry Certificate, the Nuclear
Medicine Technician's Certificate, the Pathology Technicians Certificate, the
Pathology Technicians Higher Certificate, the Associate Diploma of Health
Sciences (Pathology Techniques) of the Department of Technical and Further Education,
the Associate Diploma in Medical Technology awarded by the Riverina CAE or the
Associate Diploma in Medical Laboratory Science awarded by the Charles Sturt
University or such other certificate or course of training as, in the opinion
of the employer, is appropriate.
"Trainee
Medical Photographer" means a person appointed as such who is undertaking
the certificate course in photography conducted by the Department of Technical
and Further Education.
"Union"
means the Health Services Union NSW.
2. Salaries
Full time Technical employees shall be paid the salaries as set out in
Table 1 of Part B - Monetary Rates of this Award.
3. Exemptions
This Award shall
not apply to:
(a) Members, novices
or aspirants of religious orders in public hospitals, the names of whom are
included or hereafter shall be included in the Third Schedule to the Health Services Act 1997.
(b) Employees of Stewart House Preventorium.
4. Conditions of Service
The Health Employees Conditions of Employment
(State) Award 2021, as varied or replaced from time to time, shall apply
to all persons covered by this Award.
In addition, the Health Industry Status of Employment (State)
Award 2021 as varied 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 2021, as varied or
replaced from time to time, shall apply.
6. Anti-Discrimination
(i) It is the 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, 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 fulfillment 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
(or its successor however described), 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 2023 by a party to this Award.
8. Area, Incidence and Duration
(i) This Award takes effect from 1 July 2022
and shall remain in force for a period of one year. The rates in the second column
in Table 1 of Part B - Monetary Rates, will apply from the first full pay
period on or after (ffppoa) 1 July 2022.
(ii) This Award rescinds and replaces the Health Employees Technical (State) Award
2021 as published 8 April 2022 (391 I.G. 882) 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 section 115(1) of the Health
Services Act 1997, or their successors, assignees or transmittees,
excluding the County of Yancowinna.
PART B
MONETARY RATES
Table 1 -
Monetary Rates
Classification
|
Rate to apply
from ffppoa
01/07/2021
Per week
$
|
Rate from
ffppoa
01/07/2022
Per week
$
|
Electronics Technician
|
Technician
|
1st Year of Service
|
1,451.29
|
1,488.01
|
2nd Year of Service
|
1,501.83
|
1,539.83
|
3rd Year of Service
|
1,552.49
|
1,591.77
|
4th Year of Service
|
1,650.22
|
1,691.97
|
Sole
|
1st Year of Service and Thereafter
|
1,730.75
|
1,774.54
|
Senior
|
1st Year of Service
|
1,758.82
|
1,803.32
|
2nd Year of Service
|
1,786.67
|
1,831.87
|
Perfusionist
|
Grade 1
|
1st Year
|
1,769.26
|
1,814.02
|
2nd Year
|
1,826.34
|
1,872.55
|
Grade 2
|
1st Year
|
1,964.64
|
2,014.35
|
2nd Year
|
2,030.22
|
2,081.58
|
3rd Year
|
2,086.80
|
2,139.6
|
4th Year
|
2,315.39
|
2,373.97
|
5th Year
|
2,379.81
|
2,440.02
|
6th Year
|
2,460.54
|
2,522.79
|
7th Year
|
2,535.39
|
2,599.54
|
8th Year
|
2,599.15
|
2,664.91
|
Grade 3
|
1st Year
|
2,784.63
|
2,855.08
|
2nd Year
|
2,854.11
|
2,926.32
|
Grade 4
|
1st Year
|
2,930.98
|
3,005.13
|
2nd Year
|
3,000.77
|
3,076.69
|
Visual Aids Officer
|
Trainee
|
1st Year of Training
|
641.19
|
657.41
|
2nd Year of Training
|
721.19
|
739.44
|
3rd Year of Training
|
788.28
|
808.22
|
4th Year of Training
|
864.08
|
885.94
|
5th Year of Training
|
949.90
|
973.93
|
General Scale
|
1st Year
|
1,063.01
|
1,089.9
|
2nd Year
|
1,118.50
|
1,146.8
|
3rd Year
|
1,175.05
|
1,204.78
|
4th Year
|
1,201.51
|
1,231.91
|
5th Year
|
1,229.91
|
1,261.03
|
Grade 1
|
Medical Artists, RPA, RNSH (in
charge Westmead)
(2nd in charge POW)
|
1,349.13
|
1,383.26
|
Grade 2
|
Sole Medical Photographer (St.
George & Gosford)
|
1,405.49
|
1,441.05
|
Grade 3
|
Chief Medical Photographer -
specific hospitals
|
1,568.40
|
1,608.08
|
Grade 4
|
Co-ordinator, Audio Visual Services
– Royal North Shore Hospital
|
1,627.75
|
1,668.93
|
Director of Audio
Visual Services
|
Royal Prince Alfred and Westmead
|
1,894.53
|
1,942.46
|
Technical Officer
|
Trainee
|
1st Year of Training
|
637.31
|
653.43
|
2nd Year of Training
|
713.99
|
732.05
|
3rd Year of Training
|
807.53
|
827.96
|
4th Year of Training
|
889.25
|
911.75
|
Grade 1
|
1st Year
|
1,125.71
|
1,154.19
|
2nd Year
|
1,152.92
|
1,182.09
|
3rd Year
|
1,178.82
|
1,208.64
|
4th Year
|
1,207.00
|
1,237.54
|
5th Year
|
1,233.11
|
1,264.31
|
6th Year
|
1,279.80
|
1,312.18
|
7th Year
|
1,321.30
|
1,354.73
|
8th Year
|
1,357.97
|
1,392.33
|
Grade 2
|
1st Year
|
1,451.29
|
1,488.01
|
2nd Year
|
1,501.72
|
1,539.71
|
3rd Year
|
1,552.49
|
1,591.77
|
4th Year
|
1,650.22
|
1,691.97
|
Senior
|
1st Year
|
1,730.75
|
1,774.54
|
2nd Year
|
1,758.82
|
1,803.32
|
3rd Year
|
1,786.67
|
1,831.87
|
Dialysis Technician
|
Technician
|
1st Year
|
1,348.71
|
1,382.83
|
Thereafter
|
1,389.89
|
1,425.05
|
Senior
|
Grade 1 (Sole Technician)
|
1,432.69
|
1,468.94
|
Grade 2
|
1,481.52
|
1,519
|
N. CONSTANT, Chief Commissioner
____________________
Printed by the authority of the
Industrial Registrar.