Health Employees' Technical (State) Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by NSW Ministry of Health.
(Case No. 2016/00198705)
Before Commissioner Murphy
|
7 July 2016
|
AWARD
Arrangement
Clause No. Subject Matter
6 Anti-Discrimination
8 Area,
Incidence and Duration
4 Conditions
of Service
1 Definitions
5 Disputes
Resolution
3 Exemptions
7 No Extra
Claims
2 Salaries
PART B - MONETARY RATES
Table 1 - Salaries
PART A
1. Definitions
Unless the context otherwise indicates or requires the
several expressions hereunder defined shall have their respective meaning
assigned to them:
"Chief Medical Photographer" means a medical
photographer who has been appointed as Chief Medical Photographer in a Medical
Photography Department of a hospital.
"Dialysis Technician" means a person employed as
such who has the Industrial Electronics Certificate of the Department of
Technical and Further Education or such other certificate or course of training
as, in the opinion of the employer, is deemed appropriate.
"Electronics Technician" means a person employed
as such who is the possessor of an Electronics and Communications Certificate
of the Department of Technical and Further Education, or who has qualifications
and/or experience deemed by the employing hospital to be equivalent and the
major portion of whose duties include the construction, adaptation, alteration,
repair and/or maintenance of electronic equipment.
"Employer" means the Secretary of the Ministry of
Health exercising the employer function on behalf of the New South Wales
Government (and includes a delegate of the Secretary).
"Health Service" means a Local Health District
constituted under section 8 of the Health Services Act 1997, a Statutory Health
Corporation constituted under section 11 of that Act, and an Affiliated Health
Organisation constituted under section 13 of that Act.
"Hospital" means a public hospital as defined in
section 15 of the Health Services Act, 1997.
"Medical Photographer" means a person who is
employed as such and who has satisfactorily completed the course in photography
conducted by the Department of Technical and Further Education or who possesses
such other qualifications as deemed by the employer to be appropriate and whose
duties include taking, processing and recording all types of clinical
photographs needed for research, teaching, treatment, and/or medical
illustration.
"Perfusionist-Grade 1 (Trainee Perfusionist)" -
means a person appointed as such who holds, or is qualified to hold, an
appropriate tertiary qualification (Bachelor of Science, Bachelor of Applied
Science or equivalent qualification) and who is training in perfusion.
"Perfusionist-Grade 2 (Certified Perfusionist)" -
means a person who has obtained the qualification of Certification in Perfusion
of the Australasian Board of Cardiovascular Perfusion or having qualifications
deemed by the employer to be equivalent, who is capable of performing perfusion
duties of a complex nature including research and development tasks.
"Perfusionist-Grade 3 (In-Charge Perfusionist)" -
means a person who complies with all duties of a Trained Certified Perfusionist
but in addition manages the every day operation of the department in
conjunction with a medical officer.
"Perfusionist-Grade 4 (Director of Perfusion
Services)" - means a person appointed as such who is the most senior
Perfusionist within the Hospital and who is solely responsible for the
direction and supervision of other Perfusionists within the Hospital. Director
of Perfusion services is expected to exercise organisational, supervisory and
management skills, mature technical and clinical knowledge, judgement as it
relates to the operation and testing of equipment, to continue to develop
expertise with advances in the relevant body of technical and clinical
knowledge and to seek and utilise other specialist advice when required to.
"Senior Dialysis Technician" means a technician
who has been appointed Senior Dialysis Technician in the area of dialysis.
"Senior Electronics Technician" means an
electronics technician appointed to a position approved as such by the
employer.
"Senior Technical Officer" means a person
appointed to a position approved as such by the employer.
"Sole Electronics Technician" means an electronics
technician appointed as such.
"Technical Officer" means a person appointed as
such who is the holder of the Biological Technicians Certificate, the Chemistry
Certificate, the Nuclear Medicine Technician's Certificate, the Pathology
Technicians Certificate, the Pathology Technicians Higher Certificate, the
Associate Diploma of Health Sciences (Pathology Techniques) of the Department
of Technical and Further Education, the Associate Diploma in Medical Technology
awarded by the Riverina CAE or the Associate Diploma in Medical Laboratory
Science awarded by the Charles Sturt University or such other certificate or
course of training as, in the opinion of the employer, is appropriate.
"Trainee Medical Photographer" means a person
appointed as such who is undertaking the certificate course in photography
conducted by the Department of Technical and Further Education.
"Union" means the Health Services Union NSW.
2. Salaries
Employees shall be paid not less than the following minimum
salaries as set out in Table 1- Salaries of Part B, Monetary Rates.
3. Exemptions
This award shall not apply to:
(a) Members,
novices or aspirants of religious orders in public hospitals, the names of whom
are included or hereafter shall be included in the Third Schedule to the Health
Services Act 1997.
(b) Employees of
Stewart House Preventorium.
4. Conditions of
Service
The Health Employees Conditions of Employment (State) Award,
as varied from time to time, shall apply to all persons covered by this award.
In addition, the Health Industry Status of Employment
(State) Award, shall also apply to relevant employees.
5. Dispute
Resolution
The dispute resolution procedures contained in the Health Employees
Conditions of Employment (State) Award, as varied, shall apply.
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, 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 fulfillment 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. 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 2017 by a party to this award.
8. Area,
Incidence and Duration
(i) This Award
takes effect from 1 July 2016 and shall remain in force for a period of one
year.
(ii) This Award
rescinds and replaces the Health Employees Technical (State) Award published 14
August 2015 (377 I.G. 1574) 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 section 115(1) of the Health Services
Act 1997, or their successors, assignees or transmittees, excluding the County
of Yancowinna.
PART B
MONETARY RATES
Table 1 - Monetary Rates
Classification
|
Rate from
|
|
1.7.2016
|
|
$
|
Electronics Technician
|
|
1st year of service
|
1,316.80
|
2nd year of service
|
1,362.60
|
3rd year of service
|
1,408.60
|
4th year of service
|
1,497.30
|
Sole Electronics Technician
|
1,570.30
|
Senior Electronics Technician
|
|
1st year of service
|
1,595.80
|
2nd year of service
|
1,621.10
|
Perfusionist - Grade 1
|
|
1st year
|
1,605.30
|
2nd year
|
1,657.10
|
Perfusionist - Grade 2
|
|
1st year
|
1,782.50
|
2nd year
|
1,842.00
|
3rd year
|
1,893.40
|
4th year
|
2,100.80
|
5th year
|
2,159.20
|
6th year
|
2,232.50
|
7th year
|
2,300.40
|
8th year
|
2,358.20
|
Perfusionist - Grade 3
|
|
1st year
|
2,526.50
|
2nd year
|
2,589.60
|
Perfusionist - Grade 4
|
|
1st year
|
2,659.30
|
2nd year
|
2,722.60
|
Trainee Visual Aids Officer
|
|
1st year of training
|
581.80
|
2nd year of training
|
654.30
|
3rd year of training
|
715.20
|
4th year of training
|
784.00
|
5th year of training
|
861.90
|
Trainee Technical Officer
|
|
1st year of training
|
578.20
|
2nd year of training
|
647.80
|
3rd year of training
|
732.70
|
4th year of training
|
806.80
|
Technical Officer - Grade 1
|
|
1st year
|
1,021.40
|
2nd year
|
1,046.00
|
3rd year
|
1,069.60
|
4th year
|
1,095.10
|
5th year
|
1,118.80
|
6th year
|
1,161.20
|
7th year
|
1,198.80
|
8th year
|
1,232.10
|
Technical Officer - Grade 2
|
|
1st year
|
1,316.80
|
2nd year
|
1,362.50
|
3rd year
|
1,408.60
|
4th year
|
1,497.30
|
Senior Technical Officer
|
|
1st year
|
1,570.30
|
2nd year
|
1,595.80
|
3rd year and Thereafter
|
1,621.10
|
Dialysis Technician
|
|
1st year
|
1,223.70
|
Thereafter
|
1,261.10
|
Senior Dialysis Technician
|
|
Grade 1 ( Sole Technician)
|
1,299.90
|
Grade 2
|
1,344.20
|
Visual Aids Officer - General Scale
|
|
1st year
|
964.50
|
2nd year
|
1,014.80
|
3rd year
|
1,066.10
|
4th year
|
1,090.10
|
5th year
|
1,115.90
|
Visual Aids Officer - Grade 1
|
|
Medical Artists, RPA, RNSH;(I/C Westmead)
|
1,224.10
|
(2-I/C POW)
|
|
Visual Aids Officer - Grade 2
|
|
Sole Medical Photographer(St.George & Gosford)
|
1,275.20
|
Visual Aids Officer - Grade 3
|
|
Chief Medical Photographer - specific hospitals
|
1,423.00
|
Visual Aids Officer - Grade 4
|
|
Co-ordinator - Audio Visual Services - RNSH
|
1,476.90
|
Director of Audio Visual Services
|
|
Royal Prince Alfred and Westmead
|
1,718.90
|
J.V. MURPHY, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.