Health
Employees' Engineers (State) Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Health
Services Union, Industrial Organisation of Employees.
(No. IRC 2092 of 2008)
Before Commissioner
McLeay
|
12 November 2008
|
AWARD
PART A
Arrangement
Clause No. Subject Matter
7. Anti-Discrimination
8. Area,
Incidence and Duration
4. Conditions
of Service
1. Definitions
6. Dispute
Resolution
3. Grading
Committee
5. No Extra
Claims
2. Salaries
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:
"Assistant Engineer" means a person appointed as
such to an established position as approved by the employer and who has
acquired membership of the Australian Institute of Hospital Engineers (NSW
Branch) or such other qualifications as the employer deems appropriate,
provided that all persons employed and classified as assistant engineers in
public hospitals at the operative date of this award shall be deemed to hold
qualifications to the level required by this award.
"Engineer" means a person appointed as such to an
established position as approved by the employer and who has acquired
membership of the Australian Institute of Hospital Engineers (NSW Branch) or
such other qualifications as the employer deems appropriate, provided that all
persons employed and classified as engineers in public hospitals at the
operative date of this award shall be deemed to hold qualifications to the
level required by this award.
"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, 1997.
"Maintenance Supervisor (Tradesman)" means a
person appointed as such to an established position as approved by the employer
and:
(a) who assists the
engineer or the assistant engineer in the supervision of staff and the general
maintenance work of the hospital and, in addition, relieves him during his
absence; or
(b) who, where there
is no engineer, is responsible for the operation of the steam raising plant and
general maintenance work.
"Union" means the Health Services Union.
2. Salaries
Employees shall be paid not less than the minimum salaries
as set out in Table 1-Salaries, of Part B, Monetary Rates.
3. Grading Committee
(i) A committee
consisting of up to three representatives of the employer and up to three
representatives of the Union shall be constituted to consider and recommend to
the employer (a) the grading of any new position or any variation of grading or
classification of a position as a result of any substantial alteration of
duties and/or responsibilities or in any case of anomaly; and (b) the date of
effect of the grading recommended.
Provided that:
(a) an employee
shall, while the grading of his position is under consideration by the
committee be ineligible to be a member of the committee;
(b) the committee
shall not, without sufficient reason, recommend the retrospective operation of
any grading; and
(c) where a
retrospective date of effect is recommended such a date shall not be earlier
than a date six months prior to the date on which the matter was referred to
the committee.
(ii) The members of
the committee shall be entitled to examine any statement of duties pertaining
to any position referred to the committee and any papers which illustrate the
type of work performed by the occupant of the position or, if the employer
approves, papers which are otherwise relevant to the question of the grading of
the position, including statements of duties of other positions.
(iii) Except as
otherwise provided, the matters to be referred to the committee shall be:
(a) any application by
an employee for review of the grading of the position he occupies if the chief
executive officer of the Health Service certifies that in his opinion there has
been a substantial alteration of duties and/or responsibilities since the last
grading of the position and states the nature of such alteration, or that the
grading of the position is markedly out of keeping with that of other positions
in the Health Service;
(b) the grading of
any new position;
(c) such cases as
the Union may raise where the Union has stated the grounds and indicated the
basis on which it desires such cases to be considered by the committee; and
(d) such other cases
as the NSW Department of Health may approve.
(iv) The committee
shall meet to consider the grading of a position within twenty-one days of such
grading having been referred to the committee.
(v) In the event of
the members of the committee being in disagreement as to the grading to be
recommended for a position or as to the date of effect, the members
representing the Union shall, within twenty-one days of the meeting of the
committee at which such disagreement occurred, furnish to the employer, a
written report stating the grading or date of effect which they consider
appropriate with their reasons therefore and indicating also whether they wish
to interview the employer in connection with their representations.
(vi) The report of
the committee shall be signed by at least one representative of the employer
and of the Union.
(vii) Nothing in this
clause shall affect the right of the Union to apply to the Public Health
Employees (State) Industrial Committee for the settlement of any dispute
arising from the grading of any employees under this award.
4. Conditions of
Service
The Health Employees Conditions of Employment (State) Award,
as varied from time to time, shall apply to all persons covered by this award.
In addition, the Health Industry Status of Employment
(State) Award, shall also apply to relevant employees.
Provided that clause 9, Overtime, of that award shall not
apply to an employee covered by this award who is:
(a) classified as
Engineer, Grade 7; or
(b) paid an
allowance because he acts in the capacity of a group engineer or regional
engineer; or
(c) who, following 13
November 1997, is reclassified to a higher grade because he acts in the
capacity of a group engineer or regional engineer;
and the salary rates of engineers not so entitled to
overtime shall be deemed to cover all incidents of employment.
5. No Extra Claims
The Memorandum of Understanding between the employer and the
Union dated 23 September 2008 establishes the extent of any further claims that
may be pursued by the Union.
6. Dispute Resolution
The dispute resolution procedures contained in the Health
Employees Conditions of Employment (State) Award, as varied, shall apply.
7.
Anti-Discrimination
(i) It is 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, age
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 fulfilment 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.
8. Area, Incidence
and Duration
(i) This Award
rescinds and replaces the Health Employees Engineers (State) Award published 24
March 2006 (358 IG 358) 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 s115(1) of the Health Services Act
1997, or their successors, assignees or transmittees, excluding the County of
Yancowinna.
(iii) This Award
takes effect from 12 November 2008, and shall remain in force until 30 June
2011.
PART B
MONETARY RATES
Table 1 - Salaries
Classification
|
Rate from
|
Rate from
|
Rate from
|
|
1.7.2008
|
1.7.2009
|
1.7.2010
|
|
$
|
$
|
$
|
Engineer
|
|
|
|
Grade 1
|
1,069.90
|
1,111.60
|
1,155.00
|
Grade 2
|
1,147.10
|
1,191.80
|
1,238.30
|
Grade 3
|
1,223.30
|
1,271.00
|
1,320.60
|
Grade 4
|
1,300.10
|
1,350.80
|
1,403.50
|
Grade 5
|
1,415.00
|
1,470.20
|
1,527.50
|
Grade 6
|
1,529.60
|
1,589.30
|
1,651.30
|
Grade 7
|
1,777.80
|
1,847.10
|
1,919.10
|
Assistant Engineer
|
|
|
|
Grade 1
|
1,069.90
|
1,111.60
|
1,155.00
|
Grade 2
|
1,147.10
|
1,191.80
|
1,238.30
|
Grade 3
|
1,223.30
|
1,271.00
|
1,320.60
|
Grade 4
|
1,300.10
|
1,350.80
|
1,403.50
|
Grade 5
|
1,415.00
|
1,470.20
|
1,527.50
|
Grade 6
|
1,529.60
|
1,589.30
|
1,651.30
|
Maintenance Supervisor (Tradesman)
|
|
|
|
Grade 2
|
1,032.10
|
1,072.40
|
1,114.20
|
Grade 1
|
958.50
|
995.90
|
1,034.70
|
J. McLEAY, Commissioner.
____________________
Printed by
the authority of the Industrial Registrar.