Public Hospitals (Medical Superintendents) Award

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

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

 

(No. IRC 197 of 2012)

 

 

REVIEWED AWARD

 

1.        Delete the definition of "Director of Public Employment" in clause 1, Definitions of the award published 24 April 2009 (367 I.G. 1341).

 

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

 

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

 

3.        Delete the definition of "Employer" in clause 1, and insert in lieu thereof the following:

 

"Employer" means the Director-General of the Ministry of Health exercising employer functions on behalf of the Government of New South Wales (and includes a delegate of the Director-General).

 

4.        Delete the definition of "Health Service" 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.

 

5.        Delete the definition of "Higher Medical Qualifications" in clause 1, and insert in lieu thereof the following:

 

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

 

(a)      post-graduate University degrees and diplomas recognised by the Medical Board of Australia New South Wales as qualifications; or

 

(b)      membership or fellowship of the Royal College or Royal Australian 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 Fellowship of the Australian College of Medical Administrators;

 

(c)      such other post-graduate qualification recognised by the Medical Board of Australia and acceptable to the Ministry of Health.

 

6.        Delete the definition of "Union" in clause 1, and insert in lieu thereof the following:

 

"Union" means the HSUeast.

 

7.        Delete the notation paragraph appearing at end of clause 4, 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.

 

8.        Delete paragraph (d) of subclause (ii) of clause 13, Mobility, Excess Fares and Travelling, and insert in lieu thereof the following:

 

(d)      Where the employee is required to report to an alternative place of work and has the prior approval of the employer to travel by his/her own mode of conveyance, the employee shall be paid a kilometre allowance for kilometres travelled in excess of the kilometres the employee normally travels between the accustomed place of work and home.  The kilometre allowance will be as prescribed from time to time by the Crown Employees (Public Service Conditions of Employment) Award.

 

9.        Delete paragraph (d) of subclause (iii) of clause 13, and insert in lieu thereof the following:

 

(d)      If there is disagreement about such decision after such discussion or if a significant number of employees are involved, the matter should be referred to the Ministry of Health which will discuss the matter with the Union and will determine the date upon which notice will be given to employee(s).

 

10.      Delete paragraph (c) of subclause (iv) of clause 13, and insert in lieu thereof the following:

 

(c)      Where a reliever, with the prior approval of the employer, travels by his/her own mode of conveyance and incurs travelling costs in excess of *$5 per day to and from the relief site, such excess shall be reimbursed.  The rate applicable shall be the kilometre allowance prescribed from time to time by the Crown Employees (Public Service Conditions of Employment) Award, less *$5.

 

* This $5 shall be reviewed annually by the employer.

 

11.      Delete clause 14, Redundancy - Managing Displaced Employees, and insert in lieu thereof the following:

 

14.  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.

 

12.      Delete subclauses (iv) and (v) of clause 18, 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 districts is subject to prevailing Australian taxation laws.

 

13.      Delete subclause (i) of clause 20, Salary Sacrifice to Superannuation, and insert in lieu thereof the following:

 

20.  Salary Sacrifice to Superannuation

 

(i)       Notwithstanding the salaries prescribed in clause 2, Salaries as varied from time to time, an employee may elect, subject to the agreement of the employee’s employer, to sacrifice a part or all of the salary payable under the salaries clause to additional employer superannuation contributions. Such election must be made prior to the commencement of the period of service to which the earnings relate. The amount sacrificed together with any salary packaging arrangements under clause 18, Salary Packaging, of this award may be made up to one hundred (100) per cent of the salary payable under the relevant salaries clause, or up to one hundred (100) per cent of the currently applicable superannuable salary, whichever is the lesser.

 

In this clause, ‘superannuable salary’ means the employee’s salary as notified from time to time to the New South Wales public sector superannuation trustee corporations.

 

14.      Delete clause 21, Area, Incidence and Duration, and insert in lieu thereof the following:

 

21.  Area, Incidence and Duration

 

(i)       This Award rescinds and replaces the Public Hospitals Medical Superintendents (State) Award published 24 April 2009 (367 I.G. 1341) 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 29 March 2012.

 

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

 

 

 

 

C.G. STAFF J

 

 

 

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Printed by the authority of the Industrial Registrar.