Operational
Ambulance Officers (State) Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(No. IRC 188 of 2012)
Before The Honourable
Mr Justice Staff
|
16 April 2012
|
REVIEWED
AWARD
1. Delete the definition "The Department"
appearing in clause 4, Definitions, of the award published 11 February 2011
(371 I.G. 114) and insert in lieu thereof the following:
"The Ministry" means the Ministry of Health.
2. Delete the
definition "Service" appearing in the said clause 4, and insert in
lieu thereof the following:
"Service" means continuous service with one
or more District Committees prior to 13 April 1973, and continuous service as a
servant of the New South Wales Ambulance Board on and from 13 April 1973, and
continuous service as a servant of the Commission on and from 1 January 1977
and continuous service as a servant of the Corporation on and from 17 August
1982 and continuous service with the NSW Department of Health on and from 17
March 2006, and continuous service with the Ministry of Health on and from 5
October 2011.
3. Delete clause
12, Allowance and Classification Arrangement, and insert in lieu thereof the
following:
12. Allowance and Classification
Arrangements
(a) An employee who
is paid an allowance or at a classification for which there is a certification
or qualification requirement, will cease to have an entitlement to such payment
if the employee:
(i) Fails to
successfully complete further instruction/in service courses and/or
certification examinations as required by the Service every three years or;
(ii) Elects not to
undertake further instruction/in service courses and/or certification
examinations as required by the Service every three years.
(iii) Applies for
and obtains a transfer to a position which is not a nominated position
requiring such skills.
(b) Payment of shift
penalties and other work related allowances or payments to employees subject to
misconduct/disciplinary inquiries will be made on the terms and conditions
prescribed by the Ministry’s Policy Directive 2005_095
4. Delete
subclause (c) of clause 14, Travelling Time and Expenses, and insert in lieu
thereof the following:
(c) Where an
employee, with the prior approval of the Service, travels by the employee’s own
motor vehicle, the employee shall be paid the casual journey rate as prescribed
by the Crown Employees (Public Sector Conditions of Employment) Award, as
amended from time to time, for all kilometres travelled in excess of the
kilometres that the employee would normally travel between the employee’s usual
place of residence and the ambulance station designated as his or her base
station and return to such residence.
5. Delete
subclause (c) of clause 16, Relieving Other Members of Staff, and insert in
lieu thereof the following:
(c) If accommodation
at no charge is not available to the relieving employee, accommodation costs
will be met by the Service directly with the provider. In the unusual circumstance
that the employee pays the cost of the accommodation they will be entitled to
the reimbursement of accommodation expenses as per the Ministry’s Policy
Directive on Travel (Policy Directive 2009_016)
6. Delete
subclauses (d) and (e) of clause 19, Salary Packaging, and insert in lieu
thereof the following:
(d) 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.
(e) 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.
7. Delete
subclause (a) of clause 28, Public Holidays, and insert in lieu thereof the
following:
(a) For the purpose
of this clause, the following shall be public holidays, viz: New Year’s Day,
Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Queen’s
Birthday, Local Labour Day, Christmas Day and Boxing Day, and any other
standard public holiday declared under section 4 of part 2 of the Public
Holiday Act 2010.
8. Delete clause
31, Family & Community Services Leave and Personal/Carer’s Leave, and
insert in lieu thereof the following:
31. Family and
Community Services Leave and Personal/Carer’s Leave
Employees shall be granted family and community
services leave and personal/carer’s leave in accordance with the provisions of
the Ministry’s Policy Directive 2007_031 Family and Community Services Leave
and Personal/Carer’s Leave or its subsequent replacements
9. Delete clause
34, Trade Union Leave, and insert in lieu thereof the following:
34. Trade Union Leave
Employees shall be granted Trade Union Leave on such
terms and conditions prescribed by the Ministry’s Policy Directive 2006_097
Trade Union Activities or its subsequent replacements.
10. Delete subclause
(c) of clause 38, Accommodation, and insert in lieu thereof the following:
(c) Rental for all
other employees will be subject to such terms and conditions prescribed by the
Ministry’s Policy Directive 2005_089.
11. Delete subclause
(c) of clause 46, Leave Reserved and No Extra Claims" , and insert in lieu
thereof the following:
(c) Review of allowance
for undertaking a paid crib break away from Station.
No additional claims to the Award can be pursued during
the life of the 2010 Memorandum of Understanding between the Ministry and the
Union, which ceases on 30 June 2014, excepting those listed in (a) to (c)
above. Following the expiry of the Memorandum on 30 June 2014, the parties are
entitled to pursue variations to salaries, salary related allowances and
conditions of employment for 1 July 2014 onwards, which may include instituting
proceedings before the Commission if the parties are unable to achieve
agreement.
12. Delete clause
47, Area, Incidence and Duration, and insert in lieu thereof the following:-
47. Area, Incidence
and Duration
(a) This Award
rescinds and replaces the Operational Ambulance Officers (State) Award
published 26 June 2009 (368 I.G. 556) and all variations thereof.
(b) It shall apply
to all employees, as defined in this Award, employed by the Ambulance Service
of New South Wales, excluding the County of Yancowinna, and shall regulate the
terms and conditions of employment of such employees.
(c) This Award takes
effect from 24 December 2010 and shall remain in force for a period of three
years.
(d) 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 16 April 2012.
C.G.
STAFF J
____________________
Printed by
the authority of the Industrial Registrar.