NSW Health Service Allied Health Assistants (State)
Award 2019
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by NSW Industrial Registrar.
(Case No. 205923 of 2019)
Before Chief Commissioner Kite
|
11 July 2019
|
AWARD
1. Arrangement
Clause No. Subject
Matter
1. Arrangement
2. Definitions
3. Classification
of Allied Health Assistants
4. Qualifications
5. Salaries
6. Conditions
of Service
7. Dispute
Resolution
8. Anti-Discrimination
9. No Extra
Claims
10. Translation
Arrangements
11. Area,
Incidence and Duration
SCHEDULE A - DISCIPLINES WHICH UTILISE ALLIED HEALTH
ASSISTANTS
SCHEDULE B - CLASSIFICATIONS AND QUALIFICATIONS
FOR ALLIED HEALTH ASSISTANT POSITIONS
PART B - MONETARY RATES
Table 1 - Salary Rates
Table 2 - Transition Arrangements
2. Definitions
"Allied Health Assistant" An Allied Health
Assistant works under the supervision and direction of an allied health
professional to perform clinical and non-clinical duties. The Allied Health Assistant may
be engaged to work in a discipline specific area or assist in the delivery of
allied health services across a multi-disciplinary team.
"Clinical Duties" include therapeutic and program
related activities and may include the identification and reporting of changes
in the client’s condition.
"Direct Supervision" means that a supervising
Allied Health Professional is physically present to observe and direct the
activities of an Allied Health Assistant.
"Employer" means the Secretary of the Ministry of
Health exercising the employer functions on behalf of the Government of New
South Wales.
"Hospital" means a public hospital as defined in
section 15 of the Health Services Act
1997.
"Indirect Supervision" is when the supervising
Allied Health Professional is on-site, yet not physically present whilst the
Allied Health Assistant undertakes activities as previously delegated by the
Allied Health Professional. Procedures are to be in place to ensure the
supervising Allied Health Professional is contactable to provide further
direction if required.
"Recognition of Prior Learning (RPL)" means the
process whereby an employee has their qualifications, skills and/or knowledge
assessed for equivalence, by a Registered Training Organisation, against the
identified set of competencies for placement at Level 2 or Level 3 Allied
Health Assistant.
"Remote Supervision" is when the Allied Health
Professional is off-site whilst an Allied Health Assistant undertakes
activities previously delegated by the Allied Health Professional. Procedures
are to be in place to ensure that the supervising Allied Health Professional is
contactable to provide further direction if required. This may include the use
of technologies such as teleconferencing or videoconferencing.
"Service" means service as an employee with the
employer both before and after the commencement of the award.
"Non-Clinical Duties" include administrative and
support activities.
"Union"
means the Health Services Union.
3. Classification of Allied
Health Assistants
3.1 Allied Health
Assistants will be classified according to the criteria set out at Schedule B
of the Award.
4. Qualifications
4.1 The Minimum
qualification requirements for each Allied Health Assistant classification are
set out at Schedule B of this Award.
5. Salaries
5.1 Full time Allied Health Assistant employees shall be paid the salaries
as set out in Table 1 of Part B - Monetary Rates of this Award.
5.2 On attainment of
a relevant qualification Allied Health Assistants will move to Year 1 of the
appropriate level of the award.
5.3 Salary
progression within Levels will occur following 12
months satisfactory service.
6. Conditions of
Service
6.1 The Health
Employees Conditions of Employment (State) Award 2018, as varied or replaced
from time to time, shall apply to all persons covered by this Award.
6.2 The Health
Industry Status of Employment (State) Award 2018, as varied or replaced from
time to time, shall also apply to relevant employees.
7. Dispute Resolution
7.1 The dispute
resolution procedures contained in the awards identified in Clause 6,
Conditions of Service, shall apply.
8. Anti-Discrimination
8.1 It is the
intention of the parties bound by this award to seek to achieve the object of
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.
8.2 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 direct or indirect
discriminatory effect.
8.3 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.
8.4 Nothing in this
clause is to be taken to affect:
8.4.1 any conduct or act which is specifically exempted from
anti-discrimination legislation;
8.4.2 offering or providing junior rates of pay to persons under
21 years of age;
8.4.3 any act or practice of a body established to propagate
religion which is exempted under Section 56(d) of the Anti-Discrimination Act 1977;
8.4.4 a party to this award from pursuing matters of unlawful
discrimination in any State or Federal jurisdiction.
8.5 This clause does
not create legal rights or obligations in addition to those imposed upon the
parties by legislation referred to in this clause.
Notes:
Employers and employees may also be subject to
Commonwealth anti-discrimination legislation.
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."
9. No Extra Claims
9.1 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 2020 by a party to this Award.
10. Transitional
Arrangements
10.1 The transitional
arrangement of employees employed in the classifications of Allied Health
Assistant, Technical Assistant Grade 1, Diversional
Therapist without Diploma, or Technical Assistant (Orthotic/Prosthetic) as at
19 April 2018 are determined in accordance with the Transitional Arrangements
contained at Part B - Table 2 of this Award.
10.2 The translation
to the new structure for employees covered by this award will be undertaken
utilising the following basic principles.
10.2.1 Anniversary/incremental
date of employees will be retained.
10.2.2 Nothing contained
in this award shall operate to reduce the wages or conditions of employment
available to any employee at the time of the award coming into effect.
11. Area, Incidence
and Duration
11.1. This Award takes
effect from 1 July 2019 and shall remain in force until 30 June 2020. The rates
in the second column in Table 1 of Part B - Monetary Rates will apply from the
first full pay period on or after (ffppoa) 1 July
2019.
11.2. This Award
rescinds and replaces the NSW Health Service Allied Health Assistants (State)
Award 2018 published (25 October 2019 (385 I.G. 449) and all variations
thereof.
11.3. This Award shall
applies to persons employed in classifications contained herein 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.
SCHEDULE A
DISCIPLINES WHICH UTILISE ALLIED HEALTH ASSISTANTS
• Dietetics
• Diversional Therapy
• Exercise
Physiology
• Mental
Health
• Occupational
Therapy
• Orthotics/Prosthetics
• Physiotherapy
• Podiatry
• Radiography
• Social
Work
• Speech
Pathology
Provided that additional classifications for which the Union
has constitutional coverage may be added to this list by agreement between the
Union and the Employer.
SCHEDULE B
CLASSIFICATIONS AND QUALIFICATIONS FOR ALLIED HEALTH ASSISTANT
POSITIONS
Level 1
A Level 1 Allied Health Assistant engages in basic patient
care, clinical duties and/or administrative support under the supervision of
the designated Allied Health Professional. The Level 1 Allied Health Assistant
is developing skills and progressing from working under direct supervision to
undertaking tasks under indirect or remote supervision. An Allied Health
Assistant at this level:
(a) has completed less than 12 months’ service as an Allied
Health Assistant; and
(b) does not hold the qualifications of a Level 2 or Level 3
Allied Health Assistant.
Level 2
A Level 2 Allied Health Assistant undertakes clinical duties
and/or administrative tasks under direct, indirect or remote supervision. An
Allied Health Assistant at this level, either:
(a) has completed 12 or more months’ service as an Allied Health
Assistant at level 1; or
(b) has completed a relevant Certificate III qualification or
other qualification deemed equivalent by the employer or where they have been
successfully assessed as possessing the competencies required for Certificate
III by way of RPL. Progression to Level 2 will apply from the date that the
employee notifies the Employer and provides evidence of having attained the
equivalent qualification or Statements of Attainment.
Level 3
A Level 3 Allied Health Assistant undertakes clinical duties
and/or administrative tasks under direct, indirect or remote supervision and
has completed a relevant Certificate IV qualification or other qualification
deemed equivalent by the employer or where they have been successfully assessed
as possessing the competencies required for Certificate IV by way of RPL.
Progression to Level 3 will apply from the date that the employee notifies the
Employer and provides evidence of having attained the equivalent qualification
or Statements of Attainment.
PART B
MONETARY RATES
Table 1 - Salaries
Classification
|
Rate from 01/07/2019
|
Rate from ffppoa 01/07/2019
|
|
Per week
|
Per week
|
|
$
|
$
|
|
Level 1
|
Entry
|
983.40
|
1,007.98
|
Level 2
|
1st Year
|
1,007.00
|
1,032.18
|
2nd Year
|
1,025.80
|
1,051.47
|
3rd Year and Thereafter
|
1,039.10
|
1,065.08
|
Level 3
|
1st Year
|
1,071.50
|
1,098.29
|
2nd Year
|
1,093.00
|
1,120.32
|
3rd Year and Thereafter
|
1,120.00
|
1,148.00
|
Table 2: Transitional Salary Arrangements to Allied
Health Assistant (AHA)
Classification
|
Yr.
|
No Qualifications
|
Cert III or
Equivalent
|
Cert IV or
Equivalent
|
Technical Assistant Grade 1-Therapy Aide
|
1
|
AHA level 1 - Entry
|
AHA Level 2 - 1st year
|
AHA level 3 - 1st year
|
|
|
|
|
|
|
2
|
AHA level 2 - 1st year
|
AHA Level 2 - 1st year
|
AHA level 3 - 1st year
|
|
3
|
AHA level 2 - 2nd year
|
AHA level 2 - 2nd year
|
AHA level 3 - 1st year
|
Diversional Therapist Without
Diploma
|
1
|
AHA level 1 - Entry
|
AHA level 2 - 1st year
|
AHA level 3 - 1st year
|
|
2
|
AHA level 2 - 1st year
|
AHA level 2 - 1st year
|
AHA level 3 - 1st year
|
|
3
|
AHA level 2 - 2nd year
|
AHA level 2 - 2nd year
|
AHA level 3 - 1st year
|
Classification
|
Yr.
|
No Qualifications
|
Cert III or Equivalent
|
Cert IV or Equivalent
|
Technical Assistant (Orthotic Prosthetic)
|
1
|
AHA level 1 - Entry
|
AHA Level 2 - 1st year
|
AHA level 3 - 1st year
|
Level 1
|
|
|
|
|
|
2
|
AHA level 2 - 1st year
|
AHA level 2 - 1st year
|
AHA level 3 - 1st year
|
|
3
|
AHA level 2 - 2nd year
|
AHA level 2 - 2nd year
|
AHA level 3 - 1st year
|
Level 2
|
1
|
AHA level 3 - 2nd year
|
AHA level 3 - 2nd year
|
AHA level 3 - 2nd year
|
|
2
|
AHA level 3 - 3rd year
|
AHA level 3 - 3rd year
|
AHA level 3 - 3rd year
|
|
3
|
AHA level 3 - 3rd year
|
AHA level 3 - 3rd year
|
AHA level 3 - 3rd year
|
1. Employees
employed at the operative date of this Award in the classification of Technical
Assistant Grade 1, Diversional Therapist Without Diploma, Technical Assistant (Orthotic/Prosthetic)
shall transition to the classification of Allied Health Assistant, in
accordance with Table 2 to this Schedule. These employees retain their existing
incremental date and progress by way of annual increment throughout the new
salary range.
2. Employees, who
at the operative date of this Award, are in receipt of a salary at the 1st, 2nd
or 3rd year of the classification of Technical Assistant (Orthotic/Prosthetic)
Level 2, shall transition to the new salary scale of Allied Health Assistant in
accordance with Table 2 to this Schedule. Provided that Employees who are in
receipt of a salary at the 3rd year of the classification of Technical
Assistant (Orthotic/Prosthetic) Level 2:
2.1. shall transition at their applicable rate of pay at the
operative date of this Award;
2.2. any percentage-based wage increases which are awarded
post-commencement of this Award will be calculated and applied based on the
Employee’s transitional rate.
P. M. KITE, Chief Commissioner
____________________
Printed by the authority of the Industrial Registrar.