HEALTH EMPLOYEES' MEDICAL RADIATION SCIENTISTS (STATE) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Health
Services Union, industrial organisation of employees.
(No. IRC 6399 of 2005)
Before The Honourable
Justice Boland
|
16 December 2005
|
AWARD
Arrangement
PART A
Clause No. Subject Matter
6. Anti-Discrimination
7. Area,
Incidence and Duration
3. Conditions
of Service
1. Definitions
5 Dispute
Resolution
4 No Extra
Claims
2. Salaries
PART B
MONETARY RATES
Table 1 - Salaries and Allowances
PART A
1. Definitions
"ADA" means the adjusted daily average of occupied
beds calculated in accordance with the following formula:
ADA =
|
Daily Average + Neo-natal Adjustment + Non-inpatient
Adjustment
|
|
|
|
|
Where:
|
|
|
|
|
|
|
|
Daily =
|
Total Occupied
Bed Days for the Period Less Unqualified Baby Bed Days
|
Average
|
Number of Days in
the Period
|
|
|
|
|
Neo-natal =
|
Total Bed Days
of Unqualified Babies for the Period
|
Adjustment
|
2 x Number of Days
in the Period
|
|
|
|
|
Non inpatient =
|
Total NIOOS
Equivalents for the Period
|
Adjustment
|
10 x Number of Days
in the Period
|
Note: Total NIOOS Equivalents for the Period equals the
individual NIOOS plus the equivalent number of Group NIOOS (Non-inpatient Group
Sessions x 1.3) plus the equivalent number of Dental NIOOS (Non-inpatient
Dental Flow x 3.8)
"Union" means the Health Services Union.
"Corporation" means Health Administration
Corporation of New South Wales.
"Employer" means the Health Administration
Corporation of New South Wales, health service or hospital.
"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.
"Nuclear Medicine Technologist" means a person who
has acquired a Bachelor of Applied Science in Medical Radiation Technology -
Nuclear Medicine or equivalent qualifications recognised by the accreditation
board of the Australian and New Zealand Society of Nuclear Medicine and who
currently holds a radiation license under the Nuclear Control Act.
"Radiographer in Training" means a person who is
undertaking a Bachelor of Applied Science in Medical Radiation Technology or
equivalent qualification which will lead to recognition by the accreditation
board of the Australian Institute of Radiographers.
"Radiographer" means a person who has acquired a
Bachelor of Applied Science in Medical Radiation Technology or has equivalent
qualifications recognised by the accreditation board of the Australian
Institute of Radiographers.
"Medical Radiation Scientist (MRS)" are employees
employed as radiographers and nuclear medicine technologists and who are
classified into five levels as follows:
Level 1
MRS at this level are employed during their professional
development year. Progression between
Level 1 and Level 2 is automatic upon the completion of the professional
development year.
Level 2
MRS at this level have completed their professional
development year and are employed as either a radiographer or nuclear medicine
technologist.
Level 3
MRS at this level perform complex clinical procedures and demonstrate
a degree of competency in them which reflects a level of continuing education
and/or practical expertise. The MRS has
maintained a consistently high standard of practice within the profession and
demonstrate proven problem solving skills.
They contribute to the establishment of clinical protocols and the
development of activities, techniques and procedures within the Department.
They demonstrate a level of expertise by performance or
means such as tutoring in the clinical situation to either undergraduate,
postgraduate students or other Health Professionals or by obtaining an
appropriate post graduate qualification or has gained recognition as an
acknowledged expert through publication or delivering technical papers at
seminars and/or conferences and/or supervise the operations of a section of the
department (specialist or general) and perform associated administrative
duties.
Level 4
MRS at this level may manage a Department in a hospital of
less than 200 ADA or be appointed to a designated position of Assistant Manager
in a hospital. Employees shall not be
eligible to progress to the second year of this level unless they manage a
department in a hospital of over 100 ADA or its equivalent.
Level 5
Grade 1
MRS at this level will be appointed to manage a Radiography
Department in a hospital of less than 300 ADA or manage a Nuclear Medicine
Department in the following hospitals: St Vincent’s Hospital, Liverpool
Hospital, St. George Hospital.
Grade 2
MRS at this level will be appointed to manage a Radiography
Department in a hospital of less than 500 ADA or manage a Nuclear Medicine
Department in the following hospitals: Royal Prince Alfred Hospital, Westmead
Hospital, John Hunter Hospital, Royal North Shore Hospital, Prince of Wales Hospital.
Grade 3
MRS at this level are appointed to manage a Radiography
Department in a hospital of more than 500 ADA.
Grade 4
MRS at this level are appointed to manage the Radiography
Departments in the following hospitals:
Royal Prince Alfred Hospital, Westmead Hospital, Royal North Shore
Hospital, St. Vincent’s Hospital, Prince Henry/Prince of Wales Hospitals,
Liverpool Hospital.
Note:
Provided that MRS paid at the eighth year of service immediately
prior to transfer to this structure shall receive salary maintenance in
accordance with Department of Health Policy Directive 2005-517 and will, with
other eligible employees, be entitled to incremental progression when they meet
the criteria for Level 3.
"Medical Radiation Therapist" means a person who
has acquired a Bachelor of Medical Radiation Science (Radiation Therapy) /
Bachelor of Applied Science (Medical Radiation Sciences) - Radiation Therapy;
or has qualifications deemed equivalent by the Health Administration
Corporation, and appointed to a Medical Radiation Therapist position.
Level 1
Radiation Therapists at this level are employed during their
first year of graduation with a Bachelor of Medical Radiation Science
(Radiation Therapy) or Bachelor of Applied Science (Medical Radiation Sciences)
- Radiation Therapy, from a university course recognised by the Health
Administration Corporation.
This may be their Professional Development Year. Progression between Level 1 and Level 2 is automatic,
subject to (a) satisfactory performance; and (b) upon completion of either
their first year of employment as a Medical Radiation Therapist or their
Professional Development Year (which ever is applicable).
Radiation Therapists at this level shall develop an adequate
level of patient care. They also have
involvement in Occupational Health, Safety & Rehabilitation and Quality
Assurance matters; and work in an environment where there are multidisciplinary
teams.
Level 2
Radiation Therapists at this level have completed the
requirements for progression from Level 1.
Radiation Therapists at Level 2 and above shall have a high level of
patient care and understanding towards the patient; involvement in Occupational
Health Safety & Rehabilitation and Quality Assurance matters; and work in
an environment where there are multi disciplinary teams.
Radiation Therapists operating at this level are required to
demonstrate competency within the areas of patient treatment, planning and
delivery, and active involvement/ participation in workplace in-services.
Level 3 - Grade 1
A Radiation Therapist may, after not less than the
completion of 12 months service at Year 3, Level 2, apply to the Chief
Radiation Therapist for personal progression to Level 3, Grade 1- Radiation
Therapist Specialist. The application will be assessed by a panel of at least
three Chief Radiation Therapists. The
relevant Area Health Service may also establish such positions at Level 3,
Grade 1 that it deems appropriate, from time to time.
Radiation Therapists seeking appointment at Level 3, Grade 1
shall be required to demonstrate a high level of knowledge and proficiency in
treatment planning or delivery in at least two of the following:-
CNS;
Multifield junctional techniques (3 fields or more);
Mono isocentric techniques;
Conformal therapy;
Brachytherapy (both treatment and planning);
Radiosurgery/stereotactic;
Intensity Modulated Radiation Therapy;
Paediatric radiation therapy;
Complex radiation therapy techniques related to
specific trials and protocols and development of techniques and commissioning
of new pieces of equipment or significant contribution to quality improvement
activities of the department;
Complex mould-room procedures;
3 Dimensional Treatment Planning; and
Clinical Review
The Union and the Corporation are free to bring forward new
technologies and procedures as they develop, with a view to gaining agreement
on their inclusion in the above-listed criteria.
In addition, Radiation Therapists at this level are expected
to:
Demonstrate a record of participation in teaching
programmes within and/or outside the place of work. This teaching may include undergraduate, postgraduate students,
other health professionals, patients and their carers or the public in a field
relevant to Radiation Therapy;
Demonstrate an ability to supervise and be responsible
for other Radiation Therapists;
Demonstrate an ability to supervise and assess clinical
experience of Radiation Therapy undergraduate students. Provide liaison between the Universities and
the clinical setting; and
Be able to demonstrate active participation/involvement
in research and development through associated reports, presentations, conferences,
publications; or workplace in-services.
Level 3 - Grade 2
A Radiation Therapist may, after not less than the
completion of 12 months service at Level 3, Grade 1 Year 2, apply to the Chief
Radiation Therapist for personal progression to Level 3, Grade 2 (Year 2) -
Radiation Therapist Consultant and will be assessed by a panel of at least
three Chief Radiation Therapists.
The relevant Area Health Service may also establish such
positions at Level 3, Grade 2 (Radiation Therapist Consultant) that it deems
appropriate, from time to time.
Radiation Therapist Consultants have clinical expertise
related to specific areas of radiation therapy eg. Paediatric specialty,
stereotactic radiosurgery, clinical review, counselling, head and neck cancers,
genito-urinary cancers etc and may be called on in an advisory capacity to
assist other Radiation Therapists with difficulties encountered within specific
situations relating to their area of expertise.
The Radiation Therapist Consultant will be expected to
demonstrate their expertise through the development and maintenance of
protocols, delivery of in-services and presentation of papers related to their
area of expertise at departmental level and at conferences at national or
international level.
In addition to the criterion for Level 3 Grade 1, the
Radiation Therapist must be able to demonstrate expertise in 2 further
speciality areas, or one further speciality area and an appropriate
postgraduate qualification.
The Level 3 Grade 2 Radiation Therapist should also
demonstrate an increased involvement in teaching and
presentations/publications.
Applicants should have substantiated reports by Senior
Radiation Therapists (Level 4 or above) and/or Radiation Oncologists. The reports should focus on the expertise,
judgment, and provision of advice by the applicant, together with the impact on
services provided by the Radiation Therapy department arising from the work of
the applicant. A minimum of two reports
should be included and at least one must be from a Radiation Therapist. This wider acknowledgment of their expertise
may be in publications in peer-reviewed journals.
Radiation Therapy Level 3 Grade 2 positions may also be
established as Radiation Therapist - Education.
A position of Radiation Therapist - Education is responsible
to the Chief Radiation Therapist for the identification, provision and delivery
of continuing education for Radiation Therapists, with both clinical and
general management components; and for the co-ordination and appropriate service
delivery of the tutor function for undergraduates/trainees on clinical
placement and Radiation Therapists in their Professional Development Year.
Level 4
Level 4-Grade 1
A Radiation Therapist at this level would manage the
operations of a section or functional unit of a Radiation Therapy Department
and discharge associated administrative duties.
A section or unit within this level is a single treatment
machine where the managers would be responsible for the administrative detail,
such as day to day running, throughput and patient care, patient scheduling, as
well as immediate staffing. A section
or unit may also relate to sections within the treatment planning area. These sections may include, but are not
limited to simulator, mould room and planning room.
Level 4 Grade 2
A Radiation Therapist at this level would manage an area of
a Radiation Therapy Department in a facility with at least 3 Linear
Accelerators, such as treatment planning or treatment delivery. In a Department of 2 Linear Accelerators or
less, it may be appropriate to have only one position at this level, but the
focus of the position will be the decision of the relevant Area Health Service.
The Radiation Therapist in this position would be responsible
for the overall Quality Assurance, organisation, activities and maintenance of
standards within the particular area in conjunction with the Chief Radiation
Therapist and Deputy Chief Radiation Therapist.
The area referred to in this level would include a number of
the sections or units, such as all the treatment machines and the total
planning area. The manager of an area
would have responsibility for the overall organisation of the designated area
and be responsible for tasks such as coordinated implementation of existing and
new techniques, overall waiting list management, ensuring planning and
treatment resources are used in the most effective manner, etc.
Level 5
A Radiation Therapist at this level is a Chief Radiation
Therapist who manages a department with one Linear Accelerator. The Chief Radiation Therapist has ultimate
responsibility for service standards patient throughput, continuing education,
research, training of radiation therapy staff and students; liaison with
appropriate universities and with relevant other bodies; or
A Deputy Chief Radiation Therapist who assists in the
management of a Radiation Therapy department with two or more Linear
Accelerators.
Level 6
A Radiation Therapist at this level manages a Radiation
Therapy department of two or more Linear Accelerators. The Chief Radiation Therapist has ultimate
responsibility for patient service standards and patient throughput, continuing
education, research, training of radiation therapy staff and students; liaison
with appropriate universities and with relevant other bodies.
2. Salaries
Employees shall be paid not less than the following minimum
salaries as set out in Table 1-Salaries and Allowances, of Part B, Monetary
Rates.
3. 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.
4. No Extra Claims
The Memorandum of Understanding between the Health
Administration Corporation and the Union dated 24 December 2004 establishes the
extent of any further claims that may be pursued by the Union as set down in
Clause 5, Allowable and No Extra Claims, of that Memorandum.
5. Dispute Resolution
The dispute resolution procedures contained in the Health
Employees Conditions of Employment (State) Award, as varied, shall apply.
6.
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:.
7. Area, Incidence
and Duration
(i) This Award
rescinds and replaces the Health Employees Medical Radiation Scientists (State)
Award published 6 November 1998 (307 IG 63) and all variations thereof.
(ii) This Award
shall apply to persons employed in classifications contained herein employed in
or in connection with the New South Wales Health Service as defined in section
16 of the Health Services Act 1997, or their successors, assignees or
transmittees, excluding the County of Yancowinna.
(iii) This Award
takes effect from 1 December 2005, and shall remain in force until 30 June
2008.
PART B
MONETARY RATES
Table 1 - Salaries
and Allowances
Classification
|
Rate from1.7.2005
|
Rate from 1.7.2006
|
Rate from 1.7.2007
|
|
4%
|
4%
|
4%
|
|
$
|
$
|
$
|
|
|
|
|
|
|
|
|
MEDICAL RADIATION
|
|
|
|
SCIENTISTS
|
|
|
|
|
|
|
|
Radiographer in Training
|
630.60
|
655.80
|
682.00
|
|
|
|
|
Level 1
|
774.00
|
805.00
|
837.20
|
Level 2
|
|
|
|
1st year of service
|
798.40
|
830.30
|
863.50
|
2nd year of service
|
885.90
|
921.30
|
958.20
|
3rd year of service
|
978.10
|
1,017.20
|
1,057.90
|
4th year of service
|
1,024.20
|
1,065.20
|
1,107.80
|
|
|
|
|
Level 3
|
|
|
|
1st year of service
|
1,077.10
|
1,120.20
|
1,165.00
|
2nd year of service
|
1,170.60
|
1,217.40
|
1,266.10
|
|
|
|
|
Level 4
|
|
|
|
Grade 1
|
1,206.80
|
1,255.10
|
1,305.30
|
Grade 2
|
1,283.40
|
1,334.70
|
1,388.10
|
|
|
|
|
Level 5
|
|
|
|
Grade 1
|
1,366.60
|
1,421.30
|
1,478.20
|
Grade 2
|
1,459.50
|
1,517.90
|
1,578.60
|
Grade 3
|
1,544.30
|
1,606.10
|
1,670.30
|
Grade 4
|
1,587.40
|
1,650.90
|
1,716.90
|
Allowances - Medical Radiation Scientists only
Provided that a Radiographer who is the holder of a
Fellowship of the Australian Institute of Radiography shall be paid the
following weekly allowance:
Fellowship Allowance
|
27.40
|
28.50
|
29.60
|
Where a Chief Radiographer provides a weekly service to
another hospital or hospitals and is not entitled to an adjustment to a higher
salary rate for this service, he/she shall be paid the following allowance:
Chief Radiographer-
|
|
|
|
Serving other hospitals
|
36.60
|
38.10
|
39.60
|
MEDICAL RADIATION
|
|
|
|
THERAPISTS
|
|
|
|
|
|
|
|
Level 1
|
|
|
|
1st Year of service &
|
|
|
|
thereafter
|
816.70
|
849.40
|
883.40
|
|
|
|
|
Level 2
|
|
|
|
1st Year of service
|
847.40
|
881.30
|
916.60
|
2nd Year of service
|
961.20
|
999.60
|
1,039.60
|
3rd Year of service
|
1,093.00
|
1,136.70
|
1,182.20
|
4th Year of service
|
1,146.20
|
1,192.00
|
1,239.70
|
|
|
|
|
Level 3
|
|
|
|
Grade 1
|
|
|
|
1st Year of service
|
1,183.20
|
1,230.50
|
1,279.70
|
2nd Year of service
|
1,272.60
|
1,323.50
|
1,376.40
|
|
|
|
|
Grade 2
|
|
|
|
1st Year of service
|
1,272.60
|
1,323.50
|
1,376.40
|
2nd Year of service
|
1,351.90
|
1,406.00
|
1,462.20
|
|
|
|
|
Level 4
|
|
|
|
Grade 1
|
1,425.90
|
1,482.90
|
1,542.20
|
Grade 2
|
1,500.00
|
1,560.00
|
1,622.40
|
Level 5
|
|
|
|
1st Year of service
|
1,541.60
|
1,603.30
|
1,667.40
|
2nd Year of service
|
1,593.90
|
1,657.70
|
1,724.00
|
Level 6
|
|
|
|
1st Year of service
|
1,848.90
|
1,922.90
|
1,999.80
|
2nd Year of service
|
1,898.70
|
1,974.60
|
2,053.60
|
Note: For Medical Radiation Therapists there shall be no additional
monetary compensation for holding additional qualifications, payment of a
fellowship allowance, or the like
R. P. BOLAND J.
____________________
Printed by
the authority of the Industrial Registrar.