AMBULANCE SERVICE OF NEW SOUTH WALES SUPERINTENDENT/OPERATIONAL MANAGERS
(STATE) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.
(No. IRC 1736 of 2004)
|
Before Mr Deputy
President Grayson
|
8 June 2004
|
REVIEWED AWARD
1. Delete clause
2, Arrangement, of the award published 28 March 2002 (332 I.G. 404), and insert
in lieu thereof the following:
2. Arrangement
Clause No. Subject Matter
1. Title
2. Arrangement
3. Objects
4. Definitions
5. Employees’
Duties
6. Work
Arrangements
7. Salaries
8. Roster
Leave
9. Vacancies
& Promotion
10. Appointment
of Officers
11. Termination
of Employment
12. Relieving
Other Members of Staff
13. Flexible
Work Practices
14. Annual
Leave
15. Annual
Leave Loading
16. Public
Holidays
17. Personal/Carer’s,
Family and Community Service Leave
18. Maternity,
Paternity and Adoption Leave
19. Study
Leave
20. Trade
Union Leave
21. Long
Service Leave
22. Sick Leave
23. Climatic
and Isolation Allowance
24. Child Care
25. Uniforms
26. Accommodation
27. Benefits
Not To Be Withdrawn
28. Payment
and Particulars Of Wages
29. Issues
Resolution
30. No Extra
Claims
31. Union
Subscriptions
32. Anti-Discrimination
33. Redundancy-Managing
Displaced Employees
34. Reasonable
Hours
35. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 -
Classification Structure
Table 2 - Allowances
Table 3 -
Transitional Classification Structure
SCHEDULES
Schedule ‘A’-
Personal Carer’s Leave, Family and Community
Services Leave
Schedule ‘B’ -
Maternity, Paternity and Adoption Leave
Schedule ‘C’ - Study
Leave
Schedule ‘D’ - Paid
Trade Union Leave
Schedule ‘E’ - Paid
Trade Union Leave
Schedule ‘F’ -
Managing Displaced Employees
2. Delete the
definition "Association" of clause 4, Definitions, and insert in lieu
thereof the following:
"Union" means the Health Services Union"
3. Delete
paragraph (i) of subclause (b) of clause 6, Work Arrangements, and insert in
lieu thereof the following:
(b)
(i) It is the aim
of the parties that the development of a performance appraisal and assessment
system for all levels set out in Table 1, Classification Structure, of Part B
of this Award, will be finalised within six (6) months of the making of this
Award.
4. Delete
subclause (e) of clause 6, and insert in lieu thereof the following:
(e) Any proposal
that will significantly affect employees covered by the Union will be the
subject of genuine consultation between the parties.
5. Delete
subclauses (a) of and (b) of clause 7, Salaries, and insert in lieu thereof the
following:
(a) Employees
employed as at the date of the making of this Award shall not be paid less than
the salary paid to the employee immediately prior to the date of the making of
this Award, as set out in Table 3, Transitional Classification Structure, of
Part B of this Award.
(b) Employees who
are appointed to an Operational Management position shall be allocated to one
of the classification levels as set out in Table 1, Classification Structure,
of Part B of this Award, and shall not
be paid less than the minimum level for that position.
6. Delete
paragraph (ii) of subclause (A) of clause 13, Flexible Work Practices, and
insert in lieu thereof the following
(ii) Permanent
part-time employees shall be paid an hourly rate calculated on the basis of
1/38 of the weekly rate (annual rate/52.17857) prescribed in Table 1,
Classification Structure, of Part B of this Award.
7. Delete
subclause (a) of clause 15, Annual Leave Loading, and insert in lieu thereof
the following:
(a) Employees who,
under the Annual Holidays Act 1944, become entitled to annual leave
under clause 14, Annual Leave, of this Award, shall be paid in respect of such
leave an annual leave loading of 17.5 per cent of the appropriate ordinary
weekly rate of pay prescribed in Table 1, Classification Structure, of Part B
of this Award, for the classification in which the employee was employed
immediately before commencing his/her annual leave. The 17.5 per cent annual leave loading will apply to the
following periods of annual leave, i.e.; in the case of an employee employed on
a Monday to Friday basis - four weeks, and for seven day per week basis
employees - five weeks, provided further that in no instance is the calculated
amount to exceed one thousand and fifty eight dollars and eighty cents
($1058.80) and, with effect from the first pay period to commence on or after 1
January, 2001, an amount of one thousand and seventy nine dollars and ninety
cents ($1079.90).
8. Delete
paragraph (iii) of subclause (b) of clause 16, Public Holidays, and insert in
lieu thereof the following:
(iii) For the
purpose of paragraphs (i) and (ii) of this subclause, the hourly rate of pay
shall be one-thirty eighth of the appropriate ordinary weekly rate of pay
prescribed in Table 1, Classification Structure, and Table 3, Transitional
Classification Structure, of Part B of this Award.
9. Delete the
words "Association" wherever it appears in the award, and insert in
lieu thereof the following:
"Union"
10. Delete clause
23, Climatic and Isolation Allowance, and insert in lieu thereof the following:
23. Climatic and
Isolation Allowance
(a) Subject to
subclause (b) of this clause, employees attached to Ambulance Stations situated
upon or to the West of a line drawn as herein specified, shall be paid the
allowance specified in Table 2, Allowances, of Part B of this Award, in
addition to the salary to which they are otherwise entitled. The line shall be drawn as follows, viz:
Commencing at Tocumwal and thence to the following
towns in the order stated, namely - Lockhart, Narrandera, Leeton, Peak Hill,
Gilgandra, Dunedoo, Coolah, Boggabri, Inverell and Bonshaw.
(b) Employees
attached to Ambulance Stations situated upon or to the West of a line drawn as
herein specified shall be paid the allowance specified in Table 2, Allowances,
of Part B of this Award, in addition to
the salary to which they are otherwise entitled. The line shall be drawn as
follows, viz:
Commencing at a point on the right bank of the Murray
River opposite Swan Hill (Victoria) and thence to the following towns in the
order stated namely - Hay, Hillston, Nyngan, Walgett, Collarenebri and
Mungindi.
(c) The allowances
prescribed by this clause are not cumulative.
(d) The allowances
prescribed by this clause shall be regarded as part of the salary for the
purposes of this Award.
11. Delete
subclause (a) of clause 26, Accommodation, and insert in lieu thereof the
following:
(a) In addition to
the salary levels prescribed in Table 1,
Classification Structure, and Table 3, Transitional Classification
Structure, of Part B of this Award, Officers, employed at the beginning of the
first pay period which commenced on or after 25 September 1976 shall be
entitled to quarters rent-free and shall be supplied without charge with light
and fuel provided that Officers appointed to new positions created after 17
March, 1965 which do not require the occupant personally and directly to
provide ambulance services at night or weekends, shall not necessarily be
entitled to quarters rent-free or light and
fuel without charge.
12. Delete clause
30, No Extra Claims, and insert in lieu thereof the following:
30. No Extra Claims
The Union undertakes not to pursue any new salaries or
conditions claims arising from negotiations of productivity and efficiency
improvements covered by the Memorandum of Understanding between the New South
Wales Government and the Union dated 2 March 2000.
13. Delete clause
31, Association Subscription, and insert in lieu thereof the following:
31. Union
Subscriptions
The Service agrees, subject to prior written authorisation
by the employee, to deduct Union subscriptions from the pay of the authorising
employee.
14. Insert after
clause 33, Redundancy-Managing Displaced Employees, the following new clause:
34. Reasonable Hours
(i) Subject to
subclause (ii) an employer may require an employee to work reasonable overtime
at overtime rates.
(ii) An employee
may refuse to work overtime in circumstances where the working of such overtime
would result in the employee working hours which are unreasonable.
(iii) For the
purposes of subclause (ii) what is reasonable or other wise will be determined
having regard to:
(a) any risk to
employee health and safety.
(b) The employee’s
personal circumstances including any family and carer responsibilities.
(c) The needs of
the workplace or enterprise.
(d) The notice (if
any) given by the employer of the overtime and by the employee of his or her
intention to refuse it; and
(e) Any other relevant
matter.
15. Delete
subclause (a) of clause 35, Area, Incidence and Duration, insert in lieu
thereof the following:
(a) 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) and take effect on 8 June 2004.
16. Insert after
clause 35, Area, Incidence and Duration, the following new heading:
PART B
MONETARY RATES
17. Rename clause
35, Classification Structure, to read as Table 1 - Classification Structure.
18. Rename clause
36, Allowances, to read as Table 2 - Allowances.
19. Rename clause
37, Transitional Classification Structure, to read as Table 3 - Transitional
Classification Structure.
J. P. GRAYSON D.P.
____________________
Printed by
the authority of the Industrial Registrar.