Public
Hospitals (Professional and Associated Staff) Conditions of Employment (State)
Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Health
Services Union, Industrial Organisation of Employees.
(No. IRC 2681 of 2006)
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Before Mr Deputy
President Grayson
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12 December 2007
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VARIATION
1. Delete the
Arrangement of the award published 3 March 2006 (357 I.G. 708) the following
new clause numbers and subject matters:
Arrangement
Clause No. Subject Matter
1. Definitions
2. Hours
3. Roster of
Hours
4. Climatic
and isolation allowance
5. Part-time
Employees
6. Board and
Lodging
7. Relieving
Other Members of Staff
8. Overtime
8A. On Call -
Physiotherapists, Occupational Therapists and Speech Pathologists
8B. On Call Allowance
- Social Workers and Sexual Assault Workers
8C. Call-Out
Allowance - Social Workers and Sexual Assault Workers
9. Penalty
Rates for Shift Work and Weekend Work
10. Meals
11. Public
Holidays
12. Annual
Leave
13. Long
Service Leave
14. Sick Leave
15. Payment
and Particulars of Salary
16. Termination
of Employment
17. Accommodation
and Amenities
18. Inspection
of Lockers of Officers
19. Uniforms
and Protective Clothing
20. Promotions
and Appointments
21. New
Positions
22. Notice
Board
23. Mobility,
Excess Fares and Travelling
24. Disputes
25. Family and
Community Services Leave and Personal/Carer’s Leave
26. General
Conditions
27. Maternity,
Adoption and Parental Leave
28. Union
Representative
29. Blood
Count
30. Exemptions
31. Leave
Reserved
32. Anti-Discrimination
33. Redundancy-Managing
Displaced Employees
34. Labour
Flexibility
35. Salary
Packaging
36. Salary
Sacrifice to Superannuation
37. Reasonable
Hours
38. No Extra
Claims
39. Induction
and Orientation
40. Area,
Incidence and Duration
2. Insert after
clause 8, Overtime, the following new clauses:
8A. on Call -
Physiotherapists, Occupational Therapists and Speech Pathologists
(i) This clause
applies only to staff classified as Physiotherapists, Occupational Therapists
and Speech Pathologists under the NSW Health Service Health Professionals
(State) Award.
(ii) An "on
call period" is a period during which an officer is required by the
hospital where he or she is employed to be on call.
(iii) For the
purposes of calculation of payment of on-call allowances and for call back
duty, an on call period shall not exceed 24 hours.
(iv) An officer
shall be paid for each on call period, at the option of the employer, either an
allowance per on call period or an on call allowance per week. The on call allowances are set out in Item 8
of Table 1.
8B. On Call Allowance
- Social Workers and Sexual Assault Workers
(i) This clause
applies only to staff classified as Social Workers and Sexual Assault Workers
under the NSW Health Service Health Professionals (State) Award or under any
other Determination.
(ii) An "on
call period" is a period during which an officer including part-time
officers is required by the hospital where he/she is employed, to be on call in
accordance with subclause (iii) of this clause.
(iii) Officers,
including part-time officers, rostered to be "on call" and to provide
a telephone counselling service during period of such "on call" shall
be entitled to payment at the rate of one-third of the officer’s normal pay for
each hour of performing the above duty, provided that there shall be a maximum
payment in respect of each "on call" period of two and one-half
hours’ pay. Provided that "on
call" periods -
(a) which commence
on or after 9.00am Saturday and finish on or before 9.00am Monday should not
exceed 12 hours;
(b) which commence
on or after 9.00am Monday and finish on or before 9.00am Saturday should not
exceed 16 hours; and
(c) where "on
call" periods outlined in paragraphs (a) and a(b) of this clause exceed
the maximum allowed therein then such period in excess shall attract additional
payment at the rate outlined in this subclause to a maximum of two and one-half
hours’ pay.
8C. Call Out
Allowance - Social Workers and Sexual Assault Workers
(i) This clause
applies only to staff classified as Social Workers and Sexual Assault Workers
under the NSW Health Service Health Professionals (State) Award or under any
other Determination.
(ii) "Call
out" is the period over which an officer including part-time officers is
required by the hospital to return to duty. For the purpose of this definition,
call out shall only apply to on call and unrostered time periods.
(iii) Officers
including part-time officers who are recalled to duty outside normal hours
shall be paid a minimum of three hours at the appropriate overtime rate for
each recall to duty subject to:
(a) Where an
officer is recalled to duty more than once in any one day, and the second or
subsequent recalls commence within the period of the preceding recall for which
payment would have been made under the minimum payment provision, payment for
such recalls shall be made as follows:
(1) A minimum
payment as for three hours’ work at the appropriate overtime rate shall be made
in respect of the last recall.
(2) Payment shall
be calculated as if the officer had been continuously engaged on overtime from
the commencement of work on the first recall until the expiry of the period in
(1) above or completion of the work for which he/she had been recalled on the
last occasion, whichever is the later.
(b) Where an
officer is recalled to duty more than once in any one day, and the second or
subsequent recall does not commence within the period for which payment will be
made under the minimum payment provision, the minimum payment for each such
recall shall be as for three hours’ work at the appropriate overtime rate.
An officer, including part-time officers, where
recalled to work as prescribed in subclause (ii) of this clause shall be paid
all fares and expenses reasonably incurred in travelling to and from his/her
place of work in accordance with clause 23, Mobility, Excess Fares and
Travelling, of this Award.
Where officers are recalled to work as prescribed in
subclause (ii) of this clause the officer shall have at least eight consecutive
hours off duty between the work on successive days. If, on the instructions of the employer such officer resumes or
continues work without having had such eight consecutive hours off duty the
officer shall be paid at double rates until the officer is released from duty
for such period and the officer then shall be entitled to be absent until the
officer has had eight consecutive hours off duty without loss of pay for
ordinary working time occurring during such absence.
3. Delete the
references to the following awards in subclause (ii) of clause 40, Area,
Incidence and Duration.
Public Hospital Physiotherapists, Occupational
Therapists and Speech Pathologists (State) Award
Public Hospital Social Workers (State) Award
Scientific Officer-Public Hospital Dietitians (State)
Award
4. Insert in
subclause (ii) of clause 40 the following award.
NSW Health Service Health Professionals (State) Award.
5. Delete Table
1 - Rates and Allowances of Part B, Monetary Rates and insert in lieu the following:
Table 1 - Rates
and Allowances
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Item
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Clause
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Description
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Rate from
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Rate from
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Rate from
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No.
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No.
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1.7.2005
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1.7.2006
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1.7.2007
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$
|
$
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$
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1
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4 (i)
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Allowances for persons employed in
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3.40 p/week
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3.40 p/week
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3.40 p/week
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|
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hospitals upon or west of the line
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|
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commencing at Tocumwal, etc
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|
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2
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4 (ii)
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Allowance for persons employed in
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6.80 p/week
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6.80 p/week
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6.80 p/week
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|
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hospitals upon or west of the line
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|
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commencing at Murray River etc.
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|
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3
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10(ii)(a)
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Breakfast Allowance
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19.75
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19.75
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19.75
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4
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10(ii)(b)
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Evening Meal Allowance
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19.75
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19.75
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19.75
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5
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10(ii)(c)
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Luncheon Allowance
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19.75
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19.75
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19.75
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6
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19(i)(c)
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Uniform Allowance
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1.30
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1.30
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1.30
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(per week)
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7
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19(i)(d)
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Laundering Allowance (per week)
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2.60
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2.60
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2.60
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8
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8a(iv)
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On call (per period)
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6.70
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6.70
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6.70
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On call (per week)
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33.40
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33.40
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33.40
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6. This
variation shall take effect on and from 30 November 2007.
J.
P. GRAYSON D.P.
____________________
Printed by
the authority of the Industrial Registrar.