Public Hospital Professional Engineers'
(Bio-Medical Engineers) (State) Award 2018
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Ministry of Health.
(Case No. 2018/199375)
Before Commissioner
Murphy
|
3 July 2019
|
AWARD
PART A
Arrangement
Clause No. Subject
Matter
1. Definitions
2. Grading
Committee
3. Salaries
4. On Call
5. Exemptions
6. Anti-Discrimination
7. Conditions
of Service
8. Labour
Flexibility
9. Dispute
Resolution
10. No Extra
Claims
11. Area,
Incidence and Duration
PART B
Table 1 - On-Call Rates
PART A
1. Definitions
(i) "Biomedical
Engineer" means a person appointed as such having qualifications
acceptable to the Institution of Biomedical Engineers as an Associate, or such other
qualifications deemed by the employer to be appropriate.
(ii) "Director/Deputy
Director" means an officer appointed as Head of a Department or as
Second-in-Charge of a Department provided that such position is approved by the
employer and such officer having qualifications acceptable to the Institution
of Biomedical Engineers to be a member of such institution, or such other
qualifications deemed appropriate by the employer.
(iii) "Employer"
means the Secretary of the Ministry of Health exercising employer functions on
behalf of the Government of NSW (and includes a delegate of the
Secretary).
(iv) "Hospital"
means a public hospital as defined under section 15 of the Health Services Act 1997.
(v) "Service"
means service before and/or after commencement of this Award as a biomedical
engineer in any one or more hospitals in New South Wales or any other hospital
deemed acceptable by the employer.
(vi) "Union
means the Health Services Union NSW.
2. Grading Committee
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 upon application by the Union or a
hospital:
(i) the grading of any new position or any variation of grading
of a position as a result of any substantial change in duties and/or
responsibilities; and
(ii) the date of the effect of the grading recommended:
Provided that:
(i) an officer shall, whilst the grading of his/her position is
under consideration, be ineligible to be a member of the Committee;
(ii) the committee shall not, without sufficient reason,
recommend the retrospective operation of any grading or remuneration; and
(iii) where a retrospective date of effect is recommended, such
date shall not be earlier than a date six months prior to the date on which the
matter was referred to the Committee.
3. Salaries
For current salaries refer to the Health Professional and
Medical Salaries (State) Award.
4. on Call
(i) 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.
(ii) For the
purposes of calculation of payment of on-call allowance and for call-back duty,
an on-call period shall not exceed 24 hours.
(iii) An officer
shall be paid for each on-call period, an allowance which shall be at the
option of the employer, either per on-call period or per week.
(iv) The
on-call rates are set out in Table 1 - On Call Rates, of this Award.
5. Exemptions
This Award shall not apply to members, novices or aspirants
of religious orders in the hospitals the names of which are or shall hereafter
be included in the Third Schedule to the Health
Services Act 1997, of New South Wales.
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. Conditions of
Service
The Public Hospitals (Professional and Associated Staff)
Conditions of Employment (State) Award, as amended or replaced from time to
time, shall apply to all persons covered by this Award.
In addition, the Health Industry Status of Employment
(State) Award, as amended or replaced from time to time, shall also apply to
all relevant employees.
8. Labour Flexibility
(i) An
employer may direct an employee to carry out such duties as are reasonable, and
within the limits of the employee's skill, competence and training consistent
with employee's classification, grouping and/or career stream provided that
such duties are not designed to promote deskilling.
(ii) An employer may
direct an employee to carry out such duties and use such tools and equipment as
may be required provided that the employee has been properly trained or has
otherwise acquired the necessary skills in the use of such tools and equipment.
(iii) Any direction
issued by an employer pursuant to subclause (i) and
(ii) shall be consistent with the employer's responsibilities to provide a safe
and healthy work environment.
(iv) Existing
provisions with respect to the payment of mixed functions/higher duties
allowances shall apply in such circumstances.
9. Dispute Resolution
The dispute resolution procedures contained in the Public
Hospitals (Professional and Associated Staff) Conditions of Employment (State)
Award, as amended or replaced from time to time, shall apply.
10. No Extra Claims
Other than as provided for in the Industrial Relations Act 1996 and the Industrial Relations (Public
Sector Conditions of Employment) Regulation 2014, there shall be no further
claims/demands or proceedings instituted before the Industrial Relations
Commission of New South Wales for extra or reduced wages, salaries, rates of
pay, allowances or conditions of employment with respect to the employees
covered by the Award that take effect prior to 30 June 2019 by a party to this
Award.
11. Area, Incidence
and Duration
(i) This
Award takes effect from the first full pay period on or after 1 July 2018 and
shall remain in force for a period of one year.
(ii) This Award
rescinds and replaces the Public Hospital Professional Engineers’ (Biomedical
Engineers) (State) Award published 24 November 2017 (382 I.G. 136) and all
variations thereof.
(iii) This Award
shall apply to persons employed in classifications contained herein employed in
the New South Wales Health Service under s.115(1) of
the Health Services Act 1997, or
their successors, assignees or transmittees.
PART B
Table 1 - On-call Rates
Item No.
|
Clause No.
|
Description
|
Rate from ffppoa
|
|
|
|
01/07/2018
|
|
|
|
$
|
1
|
4
|
On-call allowance
|
8.86
|
|
|
Per on-call period per week
|
44.27
|
J.
V. MURPHY, Commissioner.
____________________
Printed by the authority of the Industrial Registrar.