Crown
Employees (Medical Specialists, Various Agencies) Award 2007
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Australian
Salaried Medical Officers' Federation (New South Wales), Industrial Organisation
of Employees.
(No. IRC 269 of 2007)
Before Commissioner
McLeay
|
22 March 2007
|
AWARD
Arrangement
PART A
Clause No. Subject Matter
1. Title
2. Parties
3. Other
Conditions of Employment
4. Definitions
5. Salaries
and Progression
6. Salary
Packaging Arrangements, including Salary Sacrifice to Superannuation
7. Grievance
and Dispute Resolution Procedures
8. Anti-Discrimination
9. Employment
Arrangements
10. Training,
Conference, Education & Study Leave
11. Deduction
of Union Membership Fees
12. Recreation
Leave
13. Personal/Carer’s
Leave
14. No Extra
Claims
15. Area,
Incidence and Duration
Schedule 1:
Recognised Australasian Specialist Colleges
PART B
MONETARY RATES
Table 1 - Salaries
PART A
1. Title
This Award shall be known as the Crown Employees (Medical
Specialists, Various Agencies) Award 2007.
2. Parties
This Award is made between the Director of Public
Employment, the New South Wales Attorney-General’s Department and the Australian
Salaried Medical Officers’ Federation (New South Wales).
3. Other Conditions
of Employment
3.1 Where this
Award is silent, the provisions of the Crown Employees (Public Service
Conditions of Employment) Reviewed Award 2006, as amended from time to time,
will apply.
3.2 Where there is
any inconsistency between this Award and the Crown Employees (Public Service
Conditions of Employment) Reviewed Award 2006, this Award, as amended from time
to time, will apply.
4. Definitions
"Award" means the Crown Employees (Medical
Specialists, Various Agencies) Award 2007
"Employer" means the Attorney-General’s Department
and the DPE. These employers cover those Senior Medical Officers currently
employed or who will be employed in the future by the Attorney-General’s
Department.
"Entitlements" means entitlements under this
Award.
"Federation" means the Australian Salaried Medical
Officers’ Federation (New South Wales).
"DPE" means the Director of Public Employment, as
established under the Public Sector Employment and Management Act 2002.
"Salary Scale" means the rates set out in Table 1
- Salaries, of Part B, Monetary Rates.
"Senior Medical Officer" means Specialist, Senior
Specialist and Senior Specialist (Managerial) as defined in this clause.
"Specialist" means a person appointed to a
position of Specialist by an Employer. To be eligible for appointment a
specialist must be a person who -
(a) holds a
medical qualification that is registrable in New South Wales; and,
(b) after full registration
has spent not less than five years in the practice of medicine in New South
Wales in the Health System or in any other institution, whether in New South
Wales or elsewhere, deemed by the employer to be of equivalent standing; and,
(c) inclusive
within the period described in (b) above has spent not less than three years in
supervised specialist training and/or experience; and,
(d) has obtained a
Fellowship of a recognised Australasian Specialist College (see Schedule 1 for
list of Recognised Australasian Specialist Colleges); or
(i) has proof of
recognition as a specialist by the Specialist Recognition Advisory Committee;
or
(ii) has
conditional registration with the NSW Medical Board as an overseas-trained
specialist (not including conditional registration as a general practitioner);
or
(iii) does not have
a qualification recognised under (i) or (ii) above but has obtained an
appropriate higher qualification in his/her speciality acceptable to the
Employer following consultation with the Federation. The decision to employ or
appoint a person in terms of this subclause will rest with the employer.
(e) Any decision
made by the Employer in determining whether any person is eligible to be
appointed as a specialist shall not contravene any applicable provision of the Anti-Discrimination
Act 1977.
"Senior Specialist" means a person who:
(a) has been
employed by an Employer on the maximum salary provided by this Award or the
Award for a Specialist for a period of at least three years; and/or
(b) has gained
such experience and attained such ability in his/her specialty which is
acceptable to the Employer after consideration by the Medical Appointments
Advisory Committee of the employer to justify appointment to the
classification; and
(c) is appointed
to a position having such duties and responsibilities as are deemed by the
Employer to require the services of a Senior Specialist.
"Senior Specialist (Managerial)" means a Senior
Specialist who holds a managerial position.
5. Salaries and Progression
5.1 Salary Rates -
All Senior Medical Officers covered by this Award will be paid the Base Salary,
the Special Allowance and the Private Practice Allowance referred to in Table 1
- Salaries, of Part B, Monetary Rates.
5.2 The salaries prescribed
in Table 1 - Salaries, of Part B, Monetary Rates, reflect increases to the
salaries paid under the Crown Employees (Medical Specialists, Various Agencies)
Award 2005 of 4% to salaries payable with effect from the first pay period to
commence on or after 1 July 2007; and
5.3 Progression by
Increment - Senior Medical Officers will progress to the next salary level on
the anniversary date of their appointment as a Senior Medical Officer.
5.4 Payment of
Overtime - Additional compensation for overtime and on-call or recall duty is
not payable under this Award.
5.5 Superable
Salary - Superannuation will be calculated by reference to the total of Base
Salary, Special Allowance and Private Practice Allowance as referred to in
Table 1 - Salaries.
6. Salary Packaging
Arrangements, Including Salary Sacrifice to Superannuation
6.1 The
entitlement to salary package in accordance with this clause is available to:
(a) permanent
full-time and part-time employees;
(b) temporary
employees, subject to the Department‘s convenience; and
(c) casual
employees, subject to the Department’s convenience, and limited to salary
sacrifice to superannuation in accordance with subclause 6.7.
6.2 For the
purposes of this clause:
(a) "salary"
means the salary or rate of pay prescribed for the employee's classification by
clause 5, Salaries and Progression, Part B of this Award, and any other payment
that can be salary packaged in accordance with Australian taxation law.
(b) "post
compulsory deduction salary" means the amount of salary available to be
packaged after payroll deductions required by legislation or order have been
taken into account. Such payroll deductions may include, but are not limited
to, taxes, compulsory superannuation payments, HECS payments, child support
payments, and judgement debtor/garnishee orders.
6.3 By mutual
agreement with the Director of Public Employment (DPE), an employee may elect
to package a part or all of their post compulsory deduction salary in order to
obtain:
(a) a benefit or benefits
selected from those approved by the DPE; and
(b) an amount
equal to the difference between the employee’s salary, and the amount specified
by the DPE for the benefit provided to or in respect of the employee in
accordance with such agreement.
6.4 An election to
salary package must be made prior to the commencement of the period of service
to which the earnings relate.
6.5 The agreement
shall be known as a Salary Packaging Agreement.
6.6 Except in
accordance with subclause 6.7, a Salary Packaging Agreement shall be recorded
in writing and shall be for a period of time as mutually agreed between the
employee and the DPE at the time of signing the Salary Packaging Agreement.
6.7 Where an
employee makes an election to sacrifice a part or all of their post compulsory
deduction salary as additional employer superannuation contributions, the
employee may elect to have the amount sacrificed:
(a) paid into the
superannuation fund established under the First State Superannuation Act
1992; or\
(b) where the
employer is making compulsory employer superannuation contributions to another
complying superannuation fund, paid into the same complying fund; or
(c) subject to the
Department’s agreement, paid into another complying superannuation fund.
6.8 Where the
employee makes an election to salary sacrifice, the employer shall pay the
amount of post compulsory deduction salary, the subject of election, to the
relevant superannuation fund.
6.9 Where the
employee makes an election to salary package and where the employee is a member
of a superannuation scheme established under the:
(a) Police
Regulation (Superannuation) Act 1906;
(b) Superannuation
Act 1916;
(c) State
Authorities Superannuation Act 1987; or
(d) State
Authorities Non-contributory Superannuation Act 1987,
the employee’s Department must ensure that the
employee’s superable salary for the purposes of the above Acts, as notified to
the SAS Trustee Corporation, is calculated as if the Salary Packaging Agreement
had not been entered into.
6.10 Where the
employee makes an election to salary package, and where the employee is a
member of a superannuation fund other than a fund established under legislation
listed in subclause 6.9 of this clause, the employee’s Department must continue
to base contributions to that fund on the salary payable as if the Salary
Packaging Agreement had not been entered into.
This clause applies even though the superannuation contributions made by
the Department may be in excess of superannuation guarantee requirements after
the salary packaging is implemented.
6.11 Where the
employee makes an election to salary package:
(a) subject to
Australian Taxation law, the amount of salary packaged will reduce the salary
subject to appropriate PAYG taxation deductions by the amount packaged; and
(b) any allowance,
penalty rate, payment for unused leave entitlements, weekly worker’s
compensation or other payment, other than any payments for leave taken in
service, to which an employee is entitled under this Award or any applicable
Award, Act or statute which is expressed to be determined by reference to the
employee’s rate of pay, shall be calculated by reference to the rate of pay
which would have applied to the employee under clause 5, Salaries and
Progression, or Part B of this Award if the Salary Packaging Agreement had not
been entered into.
6.12 The DPE may
vary the range and type of benefits available from time to time following
discussion with the Federation. Such
variations shall apply to any existing or future Salary Packaging Agreement
from date of such variation.
6.13 The DPE will
determine from time to time the value of the benefits provided following
discussion with the Federation. Such
variations shall apply to any existing or future Salary Packaging Agreement from
the date of such variation. In this
circumstance, the employee may elect to terminate the Salary Packaging
Agreement.
7. Grievance and
Dispute Resolution
7.1 All grievances
and disputes relating to the provisions of this Award shall initially be dealt
with as close to the source as possible, with graduated steps for further
attempts at resolution at higher levels of authority within the appropriate
department, if required.
7.2 A staff member
is required to notify in writing their immediate manager, as to the substance
of the grievance, dispute or difficulty, request a meeting to discuss the
matter, and if possible, state the remedy sought.
7.3 Where the
grievance or dispute involves confidential or other sensitive material
(including issues of harassment or discrimination under the Anti-Discrimination
Act 1977) that makes it impractical for the Senior Medical Officer to
advise their immediate manager the notification may occur to the next
appropriate level of management, including where required, to the Department
Head or delegate.
7.4 The immediate
manager shall convene a meeting in order to resolve the grievance, dispute or
difficulty within two (2) working days, or as soon as practicable, of the
matter being brought to attention.
7.5 If the matter
remains unresolved with the immediate manager, the staff member may request to
meet the appropriate person at the next level of management in order to resolve
the matter. This manager shall respond within two (2) working days, or as soon
as practicable. The staff member may pursue the sequence of reference to
successive levels of management until the matter is referred to the Department
Head.
7.6 The Department
Head may refer the matter to the DPE for consideration.
7.7 If the matter remains
unresolved, the Department Head shall provide a written response to the staff
member and any other party involved in the grievance, dispute or difficulty,
concerning action to be taken, or the reason for not taking action, in relation
to the matter.
7.8 A staff
member, at any stage, may request to be represented by their union.
7.9 Any of the
parties may refer the matter to the New South Wales Industrial Relations
Commission if the matter is unresolved following the use of these procedures.
7.10 The staff
member, union, department and DPE shall agree to be bound by any order or
determination by the New South Wales Industrial Relations Commission in
relation to the dispute.
7.11 Whilst the
procedures outlined in clauses 7.1 to 7.10 of this clause are being followed,
normal work undertaken prior to notification of the dispute or difficulty shall
continue unless otherwise agreed between the parties, or, in the case involving
occupational health and safety, if practicable, normal work shall proceed in a
manner which avoids any risk to the health and safety of any staff member or
member of the public.
8. Anti
Discrimination
8.1 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, age and responsibilities as a carer.
8.2 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.
8.3 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.
8.4 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.
8.5 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.
(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 the 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."
9. Employment
Arrangements
9.1 Hours - Normal
working hours are 35 per week, Monday to Friday.
9.2 Flexible
Working Hours - Senior Medical Officers covered by this Award are eligible to
work Flexible Working Hours as prescribed by the Crown Employees (Public
Service Conditions of Employment) Reviewed Award 2006.
9.3 Patient Fees
or Charges - A Senior Medical Officer, who charges patients or clients as part
of their normal duties, is required to transfer all monies received from those
patients or clients to the employer.
9.4 Part-time Work
- The provision for part-time work as prescribed by the Crown Employees (Public
Service Conditions of Employment) Reviewed Award 2006 will apply to Senior
Medical Officers employed under this Award.
9.5 Private
Practice - Senior Medical Officers may engage in private practice outside
normal working hours. Private practice is to be considered as second or other
employment and the employees are to obtain permission from their employer
pursuant to section 59 of the Public Sector Employment and Management Act
2002.
10. Training,
Conference, Education and Study Leave
10.1 The parties
agree that the employer has a responsibility to ensure that Senior Medical
Officers have appropriate and equitable access to Training, Conference,
Education and Study Leave and that the employer will facilitate the taking of
this leave. The Training, Conference, Education and Study Leave must be
relevant to the Employer and must contribute to the skills base, knowledge and
career enhancement of the Senior Medical Officer. Equally, the Senior Medical
Officers have the responsibility to identify the relevant training, conference,
education and study necessary to contribute to the skills base, knowledge and
career enhancement of Senior Medical Officers. Further, Senior Medical Officers
have the obligation to use that skill or knowledge acquired when required by
the employer.
10.2 Entitlements -
Senior Medical Officers are entitled to 18 working days per year or the pro
rata proportion if working part-time, fully cumulative, for training,
conference, education and study leave. Senior Medical Officers are entitled to
full salary and allowances referred to in Table 1 - Salaries, of Part B,
Monetary Rates, while on training, conference, education and study leave.
10.3 In relation to
the 18 working days leave -
(a) Five working
days may be taken within Australia. Where the five working days are not
utilised in any year, the balance is fully cumulative. However, no more than ten working days of
such leave may be taken in any one year.
(b) Thirteen
working days of the training, conference, education and study leave entitlement
may be taken either within or outside Australia. Where the thirteen working days are not utilised in any year, the
balance is fully cumulative.
10.4 Travel
Allowances -
(a) Senior Medical
Officers are entitled to reasonable costs before, during and after any period
of training, conference, education and study leave. Reasonable costs include expenses for weekends and public
holidays and registration fees.
(b) Senior Medical
Officers are entitled to the Australian and Overseas Travelling Allowances
specified by Premier’s Department for Chief Executive and Senior Executive
Service Officers on an equivalent remuneration package, as varied from time to
time.
10.5 Air fares and
Class of Air Travel - Senior Medical Officers are entitled to an annual
allocation of funds for air fares, fully cumulative from year to year, based on
the following:
(a) the equivalent
of 3/5 of a QANTAS Business Class around-the-world air fare (based on a fare
valued at 30 April every year); and
(b) the equivalent
of one QANTAS Business Class Sydney to Perth return air fare (based on a fare
valued at 30 April every year).
These funds may be used to purchase any number of air
fares for the employee, at any class, provided that the liability of the
employer for funding these air fares is limited to the amount specified in this
subclause. Any expenditure for air fares in excess of this liability is the
responsibility of the Senior Medical Officer.
10.6 Personal Travel
Insurance - Personal travel insurance will be arranged by the employer at the
employer’s expense.
10.7 Air Travel
Bookings and Ticketing - Senior Medical Officers must use the State
Government-appointed contractor for travel and related services.
10.8 Entitlement on
Retirement, Resignation or Dismissal - Senior Medical Officers have no
entitlement to any provisions in this clause on retirement, resignation or
dismissal.
11. Deduction of
Union Membership Fees
11.1 The union shall
provide the employer with a schedule setting out union fortnightly membership
fees payable by members of the union in accordance with the union's rules.
11.2 The union shall
advise the employer of any change to the amount of fortnightly membership fees
made under its rules. Any variation to
the schedule of union fortnightly membership fees payable shall be provided to
the employer at least one month in advance of the variation taking effect.
11.3 Subject to 11.1
and 11.2 above, the employer shall deduct union fortnightly membership fees
from the pay of any employee who is a member of the union in accordance with
the union's rules, provided that the employee has authorised the employer to
make such deductions.
11.4 Monies so
deducted from employee's pay shall be forwarded regularly to the union together
with all necessary information to enable the union to reconcile and credit
subscriptions to employees' union membership accounts.
11.5 Unless other
arrangements are agreed to by the employer and the union, all union membership
fees shall be deducted on a fortnightly basis.
11.6 Where an
employee has already authorised the deduction of union membership fees from his
or her pay prior to this clause taking effect, nothing in this clause shall be
read as requiring the employee to make a fresh authorisation in order for such
deductions to continue.
12. Recreation Leave
The recreation leave provisions of the Crown Employees
(Public Service Conditions of Employment) Reviewed Award 2006, as amended from
time to time, apply to Senior Medical Officers covered by this Award.
(a) Senior Medical
Officers accrue recreation leave at the rate of 20 working days per year.
(b) Part-time
Senior Medical Officers accrue recreation leave on a pro rata basis.
13. Personal/Carer’s
Leave
The provisions of the Crown Employees (Public Service
Conditions of Employment) Reviewed Award 2006, as amended from time to time,
shall apply.
14. No Extra Claims
14.1 The salary and
allowance increases provided for in this Award are in full and final
recognition of:
the changes to the value of work up to and including
the date of the making of this Award;
cost of living changes during the life of this Award;
and
productivity and efficiency improvements, special case
considerations and attraction and retention issues up to and including the date
of the making of this Award.
14.2 There shall be
no further salary claims made during the term of this Award that is 1 July 2007
until 30 June 2008.
15. Area, Incidence
and Duration
15.1 This Award
shall apply to all classifications contained herein.
15.2 This Award
rescinds and replaces the Crown Employees (Medical Specialists Various
Agencies) (State) Award published on 23 September 2005 (354 IG 157) and all
variations thereof, which remains in force until 30 June 2007.
15.3 This Award is
made on 22 March 2007 and shall take effect on and from 1 July 2007 and shall
remain in force until 30 June 2008.
Schedule 1: Recognised Australasian Specialist Colleges
Australasian College for Emergency Medicine
Australasian College of Dermatologists
Australian and New Zealand College of Anaesthetists
Joint Faculty of Intensive Care Medicine
Faculty of Pain Medicine
Royal Australian College of General Practitioners
Royal Australasian College of Medical Administrators
Royal Australasian College of Physicians
Australasian Chapter of Palliative Medicine
Australasian Chapter of Community and Child Health
Australasian Chapter of Addiction Medicine
Joint Faculty of Intensive Care Medicine
Australasian Faculty of Public Health Medicine
Australasian Faculty of Rehabilitation Medicine
Australasian Faculty of Occupational Medicine
Royal Australasian College of Surgeons
Royal Australian and New Zealand College of Psychiatrists
Royal Australian and New Zealand College of Radiologists
Faculty of Radiation Oncology
Royal Australian College of Ophthamologists
Royal College of Pathologists of Australasia
PART B
MONETARY RATES
*
Effective from the first pay period commencing on or after 1
July 2007
Medical Specialists
|
1.7.06
|
1.7.07
|
|
Per annum
|
Per annum
|
|
+4%
|
+4%
|
1st year
|
|
|
Base
|
113,900
|
118,456
|
Special Allowance
|
19,819
|
20,611
|
Private practice allowance
|
26,744
|
27,813
|
Total
|
160,463
|
166,880
|
2nd year
|
|
|
Base
|
120,562
|
125,384
|
Special Allowance
|
20,978
|
21,817
|
Private practice allowance
|
28,309
|
29,440
|
Total
|
169,848
|
176,641
|
|
|
|
3rd year
|
|
|
Base
|
127,214
|
132,303
|
Special Allowance
|
22,135
|
23,021
|
Private practice allowance
|
29,870
|
31,065
|
Total
|
179,218
|
186,389
|
|
|
|
4th year
|
|
|
Base
|
133,893
|
139,249
|
Special Allowance
|
23,297
|
24,229
|
Private practice allowance
|
31,438
|
32,696
|
Total
|
188,628
|
196,174
|
|
|
|
5th year
|
|
|
Base
|
140,553
|
146,175
|
Special Allowance
|
24,456
|
25,434
|
Private practice allowance
|
33,003
|
34,322
|
Total
|
198,011
|
205,931
|
|
|
|
Senior Specialist (3+ years on 5th year)
|
|
|
Base
|
153,882
|
160,037
|
Special Allowance
|
26,775
|
27,846
|
Private practice allowance
|
36,132
|
37,577
|
Total
|
216,788
|
225,460
|
* Special Allowance and Private Practice Allowance are to be
calculated in accordance with the following formula and rounded to the nearest
dollar. Any salary increases are to be applied
to the Base Rate before the Special Allowance and Private Practice Allowance
are calculated.
Special Allowance:
Private Practice Allowance:
(Base
salary + Special Allowance) x
|
20
|
100
|
J.
McLEAY, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.