Health Industry Status of Employment (State) Award 2018

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

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

 

(Case No. 288204 of 2018)

 

 

REVIEWED AWARD

 

1.         Delete subclause 1.1 of clause 1, Definitions, of the award published 5 July 2019 (384 I.G. 630) and insert in lieu thereof the following:

 

1.1      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).

 

2.         Delete subclause 1.9 of clause 1, and insert in lieu thereof the following:

 

1.9      Secretary means the Secretary of the Ministry of Health.

 

3.         Delete subclause 4.2 of clause 4, Arrangements, and insert in lieu thereof the following:

 

4.2      Conditions - Persons covered by clause 4.1 of this clause will, for the duration of any existing part-time employment contract and while remaining in their current position, retain existing part-time provisions.  They will not be entitled to pro rata entitlements as outlined elsewhere within applicable awards.

 

4.         Delete subclauses 6.2 and 6.3 of clause 6, Dispute Resolution, and insert in lieu thereof the following:

 

6.2      If the matter is not resolved within a reasonable time it must be referred by the Designated Manager to the Chief Executive of the Health Service (or his or her nominee) and may be referred by the employee to the Union's Head Office.  Discussions at this level must take place within a reasonable time with a view to resolving the issue in dispute. Failing settlement of the issue at this level, the matter shall be dealt with in accordance with subclause 6.3 of this clause.

 

6.3      With a view to amicable and speedy settlement of all disputes that firstly cannot be settled by a local management and the Union or its representatives, disputes may be submitted to a committee consisting of not more than six members with equal representation of the Secretary and the Union. Such committee shall have the power to investigate all matters in dispute and to report to the Chief Executive of the Health Service and the Union respectively, with such recommendations as it may think right and in the event of no mutual decision being arrived at by such a committee and if a dispute still exists the matter in dispute may be referred to the Industrial Relations Commission in accordance with the provisions of the Industrial Relations Act 1996 by one of the disputing parties.

 

6.         Delete subclauses 8.1, 8.2 and 8.3 of clause 9, Area, Incidence and Duration, and insert in lieu thereof the following:

 

9.1      This Award rescinds and replaces the Health Industry Status of Employment (State) Award published 5 July 2019 (384 I.G. 630) and all variations thereof.

 

9.2      This Award shall apply to persons employed in classifications as contained in the awards identified in Schedule "A", as varied or replaced from time to time, employed in the New South Wales Health Service under s115(1) of the Health Services Act 1997, or their successors, assignees or transmittees, excluding the County of Yancowinna.

 

9.3      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 4 December 2018.

 

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

 

 

 

P. M. KITE , Chief Commissioner

 

 

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Printed by the authority of the Industrial Registrar.