PUBLIC HOSPITAL (CAREER MEDICAL OFFICERS)
(STATE) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.
(No. IRC2441 of 1999)
Before Mr Deputy
President Grayson
|
14 and 15 May 2001
|
REVIEWED AWARD
1. Arrangement
PART A
Clause No. Subject Matter
11. Annual
Leave
25. Area,
Incidence and Duration
1. Arrangement
23. Anti-Discrimination
2. Definitions
6. Hours of Work
5. In-Charge Allowance
22. Labour
Flexibility
20. Leave
Reserved
19. Long
Service Leave
10. On-Call
and Call-Back
9. Overtime
14. Personal/Carer’s
Leave, Family and Community Services Leave
7. Penalty
Rates
12. Public
Holidays
4. Qualification
Allowance
24. Redundancy
- Managing Displaced Employees
3. Salaries
21. Secondment
17. Settlement
of Disputes
13. Sick Leave
16. Study
Leave
8. Time
Worked
18. Travelling
Allowances
15. Uniform
and Laundry Allowance
PART B
Table 1 -
Allowances
PART A
2. Definitions
"Service" for the purpose of Clause 4, Salaries,
means service before and/or after the commencement of the Award in one or more
hospitals or in the other institutions approved from time to time by agreement
between the parties to this Award. It
shall include service as a qualified medical practitioner in the Australian
Armed Forces and service, whether continuous or not, in other hospitals within
the Commonwealth of Australia.
"Area Health Service" means an Area Health Service
constituted pursuant to section 17 of the Health Services Act 1997.
"Hospital" means a public hospital as defined
under section 15 of the Health Services Act 1997.
"Corporation" means the Health Administration
Corporation.
"Association" means the Australian Salaried
Medical Officers' Federation (New South Wales) or the Health and Research
Employees' Association of New South Wales.
"Higher Medical Qualifications" means such
qualifications obtained by a career medical officer subsequent to graduation
and includes -
(a) post-graduate
University degrees and diplomas recognised by the Medical Board of New South
Wales as qualifications; or
(b) membership or
fellowship of the Royal College or Royal Australasian College of Physicians or
fellowship of the Royal College or Royal Australasian College of Surgeons or
membership or fellowship of the Royal College of Obstetricians and
Gynaecologists; or
(c) such other
post-graduate qualifications obtained by examination and recognised by the
Medical Board of New South Wales and acceptable to the Corporation, including
fellowship of the Royal Australian College of General Practitioners.
"Medical Officer" means a person licensed or
registered by the Medical Board of New South Wales pursuant to the Medical
Practice Act 1992 employed in a position covered by this Award.
"Career Medical Officer" means a Medical Officer
who is employed and/or appointed to a position, not being that of a medical
officer in training, in a hospital, who may be required to undertake such
duties and at such places as directed within such the hospital.
"Authority" means the Public Employment Office
established under Division 2A of the Public Sector Management Act 1988.
"Officer" means a Career Medical Officer employed
on a full-time or permanent part-time basis at a hospital, area health service
or health facility.
3. Salaries
Part A -
Salaries for Career Medical Officers shall be as set
out in the Health Professional and Medical Salaries (State) Award.
Career medical officers in receipt of a salary higher
than that of Senior Registrar as set out in the Health Professional and Medical
Salaries (State) Award are to have penalty, overtime and public holiday
payments calculated on the salary ascribed to Senior Registrar, as varied from
time to time.
Part B -
(a) For the
purpose of calculation of payments to officers pursuant to the provisions of
this Award, one hour's pay shall be calculated in accordance with the following
formula:
Annual Salary x 1
52.17857 38
and one day's pay shall be calculated by multiplying
"one hour's pay" (as calculated in accordance with the above formula)
by 7.6.
(b) Officers shall
be eligible to progress to the next higher step in the scale on the anniversary
of the date on which they were appointed.
Part C -
Permanent Part-Time Career Medical Officers -
(i) A permanent
part-time employee is one who is permanently appointed to work a specified
number of hours which are less than those prescribed for a full-time employee;
(ii) Employees
engaged under Part C of this clause shall be paid an hourly rate calculated on
the basis of one thirty-eighth of the appropriate rate prescribed by Part A,
and where applicable one thirty-eighth of the appropriate allowance prescribed
by Clause 4, Qualification Allowance, with a minimum payment of two hours for
each start and one thirty-eighth of the appropriate allowances prescribed by
Clause 15, Uniform and Laundry Allowances, if applicable but shall not be
entitled to an additional day off or part thereof as prescribed by Clause 6,
Hours of Work.
(iii) Employees
engaged under Part C of this clause shall be entitled to all other benefits of
this award not otherwise expressly provided for herein in the same proportion
as their ordinary hours of work bear to full-time hours.
(iv) Employees
engaged under Part C of this clause are entitled to contribute to the
appropriate superannuation scheme subject to the requirements of relevant
legislation.
4. Qualification Allowance
An allowance per annum as set out in Item 1 of Table - 1
Allowances shall be paid to officers who obtain an appropriate higher medical
qualification subsequent to graduation.
Provided that this clause shall not apply to an officer who
has salary equal to or in excess of the Senior Registrar rate of pay contained
in the Health Professional and Medical Salaries (State) Award.
Provided further that where an officer in his/her 5th and
subsequent years of training is expected to meet the formal requirements of a higher
medical qualification in that year he/she shall be paid half the qualification
allowance.
5. In-Charge Allowance
An allowance as set out in Item 2 of Table 1 - Allowances
shall be paid to officers for each twelve hours of duty or part thereof of continuous
in-charge duty for responsibility for after hours medical services.
6. Hours of Work
(i) The ordinary
hours of work shall not exceed an average of 38 hours per week. This shall be achieved by rostering officers
for duty over either forty hours in any period of seven consecutive days or
eighty hours in any period of fourteen consecutive days and, in addition, then
granting officers roster leave additional to that prescribed in subclause (ii)
of this clause to the extent of one additional day per calendar month. Such additional roster leave may accumulate
to a maximum of twelve days and shall be granted in multiples of one day for
periods ranging from one day to two weeks.
Upon termination of employment an officer shall be paid the monetary value
of any untaken additional roster leave, calculated at the officer’s ordinary
time rate of pay as prescribed by Clause 3, Salaries.
(ii) Officers shall
be free from ordinary hours of duty for not less than two days in each week or
where this is not practicable, four days in each fortnight. Where practicable, days off shall be
consecutive and where possible additional rostered days off shall be combined
with other rostered time off.
(iii) No shift
shall be less than eight hours in length on a weekday or less than four hours
in length on a Saturday, Sunday or public holiday.
(iv) No broken or
split shifts shall be worked.
(v) All time
worked in excess of ten hours in any one shift shall be paid as overtime.
(vi) Where in any
pay period, an officer is not employed by a hospital for the whole of the pay
period, the ordinary hours of work for the purpose of calculating salary for
that pay period (i.e., 38 or 76 hours) will be adjusted by the following
factor, rounded to the nearest whole number -
Number of calendar days employed
Number of calendar days in pay period
(vii) Officers shall
be given at least two weeks' notice of rosters to be worked in relation to
ordinary hours of work and also where practicable, in relation to additional
(overtime) rostered hours of work, provided that a hospital may change the
rosters without notice to meet any emergent situation. This subclause shall not apply in respect of
the granting by hospitals of additional roster leave pursuant to this clause.
7. Penalty Rates
Any ordinary hours worked between the following hours shall
be paid at ordinary time plus the appropriate penalty rate:
(i) Hours
worked between 6.00 pm and midnight, Monday to Friday - 12.5%.
(ii) Midnight
and 8.00 am, midnight Sunday to midnight Friday - 25%.
(iii) Midnight
Friday and midnight Saturday - 50%.
(iv) Midnight
Saturday and midnight Sunday - 75%.
8. Times Worked
Time worked means the time during which an officer is
required by a hospital to be in attendance at a hospital for the purpose of
carrying out such functions as the hospital may call on him/her to perform, and
it shall include times when the officer, in waiting to carry out some active
functions, is studying or resting or sleeping or engaged in any other activity.
Provided that time worked does not include uninterrupted
breaks allowed and actually taken for meals.
Provided further that where an officer attends of his/her
own volition outside of hours rostered on duty, or where an officer remains in
attendance when formally released from the obligation to perform professional
duties, the hospital shall not be liable to make any payment for such
attendance.
9. Overtime
(i) All time
worked by officers in excess of the ordinary hours specified in clause 6, Hours
of Work, shall be paid at the rate of time and one half for the first two
hours, and double time for the remaining hours worked provided that all
overtime performed on a Sunday, shall be at double time.
(ii) All time
worked by employees employed pursuant to Part C, Permanent Part-Time Career
Medical Officers, of clause 3, Salaries, in excess of the rostered daily
ordinary hours of work prescribed for the majority of full-time employees
employed on that shift shall be paid at the appropriate overtime rate
prescribed herein. Time worked up to
the rostered daily ordinary hours of work prescribed for a majority of the
full-time employees employed on the shift concerned shall not be regarded as
overtime but an extension of the contract hours for that day and shall be paid
at the ordinary rate of pay.
(iii) An officer
who works authorised overtime and was not notified on or prior to his/her
previous shift of the requirement to work such overtime shall be paid in
addition to payment for such overtime:
(a) as set out in
Item 3 of Table 1 - Allowances, for breakfast when commencing such overtime
work at or before 6.00 am;
(b) as set out in
Item 3 of Table 1 for an evening meal when such overtime is worked for at least
one hour immediately following his/her normal ceasing time, exclusive of any
meal break and extends beyond or is worked wholly after 7.00 pm;
(c) as set out in
Item 3 of Table 1 for luncheon when such overtime extends beyond 2.00 pm on
Saturdays, Sundays or holidays;
Or shall be provided with adequate meals in lieu of
such payments. The rates prescribed in
this sub-clause shall be varied in accordance with any variations in the rates
payable under Clause 35 of the regulations under the Public Sector
Management Act, 1988.
(iv) Provided
however that an officer employed in a community health facility shall be
granted time in lieu of overtime payments.
Such time in lieu shall be taken within three months of accrual and at
ordinary time. If such accrued time in
lieu is unable to be taken within the three month period, it is to be paid out
at the end of the three month period in accordance with subclause (i) above at
the current rates of pay then applying.
10. On-Call and Call-Back
(i) An
"on-call period" is a period during which an officer is required by
the employer to be on-call.
(ii) For the
purposes of calculation of payment of on-call allowances and for call-back
duty, an on-call period shall not exceed 24 hours.
(iii) An officer
shall be paid for each on-call period which coincides with a day rostered on
duty an allowance as set out in Item 4 of Table 1 - Allowances and for each
on-call period coinciding with a rostered day off an allowance as set in the
said Item 4 with a maximum payment as set out in the said Item 4 per week.
(iv) An officer who
is called back for duty shall be paid for all time worked at the appropriate
overtime rate, with a minimum of 4 hours at such rates.
(v) The amounts
specified in subclause (iii) shall be taken to include expenses incurred in
taking telephone calls at one's own residence and other expenses incurred being
available for emergency duty.
11. Annual Leave
(i) All officers shall
be allowed four calendar weeks leave of absence on full pay in respect of each
twelve months service as defined in this Award plus one day on full pay in
respect of each public holiday occurring within the period of such leave.
(ii) Officers who
are required to work on Sundays and/or public holidays during a qualifying
period of employment for annual leave purposes shall be entitled to receive
additional annual leave in respect of each complete period of eight hours so
worked as follows:
(a) if 35 or more
such periods on such days have been worked - one week;
(b) if less than
35 such periods on such days have been worked - leave proportionately
calculated on the basis of 38 hours leave for 35 such periods worked;
(c) work performed
by reason of call-backs pursuant to clause 9, Overtime, shall be disregarded
when assessing an officer’s entitlement under this subclause.
(d) The calculations
referred to in paragraphs (a) and (b) of this sub-clause shall be made to the
nearest one-fifth of the ordinary hours worked, half or more than half of
one-fifth being regarded as one-fifth and less than half being disregarded.
(iii) Annual leave
shall be given and shall be taken in one consecutive period or, if the officer and
the employer so agree, in either two or three separate periods, but not
otherwise.
(iv) Annual leave
shall be given and shall be taken within a period of six months after the ate
when the right to annual leave accrued; provided that the giving and taking of
the whole or any separate period of such annual leave may, by mutual agreement
between the employer and the officer, be postponed for a further period not
exceeding six months.
(v) If the officer
and the employer so agree, the annual leave or any such separate periods may be
taken wholly or partly in advance before the officer has become entitled to
that leave, but where leave is taken in such circumstances a further period of
annual leave shall not commence to accrue until the expiration of the twelve
months in respect of which the annual leave or part thereof has been so taken.
(vi) Except as
provided by this clause, payment shall not be made to an officer in lieu of any
annual leave or part thereof nor shall any such payment be accepted by the
officer.
(vii) The officer shall
be given at least two months notice of the date from which his/her annual leave
is to be taken.
(viii) Each officer
shall be paid before entering upon annual leave his/her ordinary rate of salary
for the period of leave. For the
purposes of this subclause "ordinary rate of salary" means the sum of
the officer’s award rate of salary and qualification allowance if applicable.
(ix) Where the
employment of an officer is terminated, the officer shall be entitled to
receive proportionate payment for each completed month of service, together
with such additional annual leave entitlements due under sub clause (ii). All payments are to be made at the rate of
salary to which such officer is entitled under this Award.
(x) Where the
annual leave under this clause or any part thereof has been taken in advance by
an officer pursuant to sub clause (v), of this clause; and
(a) the employment
of the officer is terminated before he/she has completed the year of employment
in respect of which such annual leave or part thereof was taken; and
(b) the sum paid
to the officer as ordinary pay for the annual leave or part so taken in advance
exceeds the sum which the employer is required to pay to the officer under sub
clause (ix) of this clause, the employer shall not be liable to make any
payment to the officer under the said sub clause (ix), and shall be entitled to
deduct the amount of such excess from any remuneration payable to the officer
upon the termination of the employment.
(xi) Any annual
leave which had accrued to an officer employed immediately prior to the
operative date of this Award under the provisions then in force and who
continues in employment under this Award shall remain to his/her credit and
such leave may be allowed as provided in this clause in addition to any other
leave which has accrued to an officer under the provisions of this clause.
(NOTATION: The conditions under which the annual leave
loading shall be paid to officer are the same as generally applied through
circulars issued by the Corporation).
12. Public Holidays
(i) Public
Holidays shall be allowed to officers on full pay.
(ii) Where an
officer is required to and does work on any of the public holidays, as set out
in this clause, the officer shall have one day added to the period of his/her
annual leave for each public holiday so worked unless time off in respect of
time worked on any such public holiday has already been granted to the officer. The provisions of this sub clause shall also
apply to officers where a public holiday falls on a rostered day off.
(iii) For the
purpose of this clause, the following shall be deemed to be public
holidays: New Year's Day, Australia
Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Queen's Birthday,
Labour Day, Christmas Day, Boxing Day, or in lieu of any such day any holiday
proclaimed in lieu thereof, together with any other day duly proclaimed as a
special day and observed as a public holiday within the area in which the
hospital in which the officer is employed is situated.
(iv) All hours
worked on public holidays shall be paid at the rate of time and one half.
13. Sick Leave
(i) An officer
shall be allowed sick leave on full pay calculated by allowing fourteen
calendar days for each year of continuous service less any sick leave on full
pay already taken subject to the following conditions:
(a) The employer
may require the sickness to be certified to by the medical superintendent or by
a legally qualified medical practitioner, approved by the hospital, or may
require other satisfactory evidence thereof.
(b) An officer
shall not be entitled to sick leave until the expiration of three months'
continuous service.
(c) Each officer
shall take all reasonably practicable steps to inform the employer of his or
her inability to attend for duty and as far as possible state the estimated
duration of the absence. Where
practicable such notice shall be given within twenty-four hours of the
commencement of such absence.
(d) An officer
shall not be entitled to sick leave on full pay for any period in respect of
which such officer is entitled to workers' compensation; provided, however, an
employer shall pay to an officer who has sick leave entitlements under this
clause, the difference between the amount received as workers' compensation and
full pay, if the employee elects such payment.
The officer’s sick leave entitlements under this clause shall, for each
week during which such difference is paid, be reduced by that proportion of
hours which the difference paid bears to full pay. On the expiration of available sick leave, weekly compensation
payments only shall be payable.
(e) An officer not
eligible for sick leave during periods when he/she would have normally been
rostered on overtime shifts.
(f) An officer is
not entitled to more than 8 hours' sick leave in respect of any one day.
(ii) Continuous
service for the purpose of this clause shall be calculated in the same manner
as provided for in paragraph (a) of subclause (ii) of Clause 19, Long Service
Leave.
(iii) Full pay for
the purpose of this clause shall include the uniform allowance where payable
under clause 15, Uniform and Laundry Allowance.
(iv) Sick leave as
defined, shall accrue and be transferable between hospitals, at the rate of
fourteen calendar days per year of continuous service, minus days taken.
(v) Any sick leave
which had accrued to an officer employed immediately prior to the operative
date of this Award, under the provisions then in force and who continues in
employment under this Award shall remain to his/her credit and such leave may
be allowed as provided in this clause in addition to any other leave which has
accrued to an officer under the provisions of this clause.
14.
Personal/Carer’s Leave, Family and Community Services Leave
Employees shall be
granted Personal/Carer's Leave, Family and Community Services Leave in
accordance with Health Department Circular No 97/11, as amended from time to
time.
15. Uniform and Laundry
Allowances
(i) Sufficient
suitable and serviceable uniforms shall be provided for each officer required
to wear a uniform and such uniforms shall be laundered at the expense of the
hospital.
(ii) Where a
hospital requires a uniform to be worn but does not provide such uniform, the
following allowances shall be paid:
(a) where a full
uniform, including special shoes, is required, an amount per week as set in
Item 5 of Table 1 - Allowances;
(b) in other
cases, an amount as also set in Item 5 of Table 1.
16. Study Leave
(i) Subject to
the terms of this clause an employer may grant to medical officers study leave
without loss of pay as follows:
For Face-to-Face courses - Half-hour study time for
every hour of compulsory lecture and/or tutorial attendance, up to a maximum of
four hours' study time per week.
Where no Face-to-Face course is provided - A maximum of
four hours' study time per week for a maximum of 27 weeks per year.
(ii) Study leave
shall only be granted in respect of a course -
(a) leading to
higher medical qualifications as defined in clause 2, Definitions; and
(b) in respect of
a qualification which when obtained would be relevant to the needs of the
hospital.
(iii) The officer shall
submit to the chief executive officer a timetable of the proposed course of
study and evidence of the officer’s enrolment in the course.
(iv) The grant of
study leave is subject to the convenience of the hospital and should not
interfere with the maintenance of essential services nor with patient care.
(v) Periods of
study leave granted shall not be taken into account for the purposes of
calculating overtime payments.
(vi) Study leave
granted subject to the terms of this clause may be accrued to a maximum of
seven working days for the purpose of enabling the officer to study prior to a
written, oral or clinical examination.
An option to accumulate study leave in terms of this subclause shall be
exercised at the commencement of each academic year, and the officer shall
notify the employer accordingly.
(vii) Officers who
have given continuous service of more than one year, shall be allowed to accrue
study leave not taken up to a maximum of fourteen calendar days.
17. Settlement of Disputes
(i) Where a
dispute arises in a particular section which cannot be resolved between the
employees or their representative and the supervising staff, it shall be
referred to the chief executive officer of the hospital or establishment or
his/her nominee, who will arrange for the matter to be discussed with the
employees concerned and a local representative or representatives of the
Association.
(ii) Failing
settlement of the issue at this level, the matter shall be referred to the
Health Administration Corporation and the Head Office of the Association(s). The dispute will then be dealt with pursuant
to subclause (v) of this clause.
(iii) Whilst these
procedures are continuing, no stoppage of work or any form of ban or limitation
of work shall be applied.
(iv) The
Association(s) reserve(s) the right to vary this procedure where it is
considered a safety factor is involved.
(v) With a view to
an amicable and speedy settlement, all disputes that firstly cannot be settled
in accordance with subclauses (i) and (ii) of this clause may be submitted to a
committee consisting of not more than six members with equal representatives of
the Corporation and the Association(s).
Such committee shall have the power to investigate all matters in
dispute and to report to the Chief Executive Officer and the Association(s)
respectively with such recommendation as it may think right and in the event of
no mutual decision being arrived at by such committee, the matter in dispute
may be referred to the industrial committee.
(vi) This clause
shall not interfere with the rights of either party to institute proceedings
for the determination of any matter in accordance with the Industrial Relations
Act 1996.
18. Travelling Allowances
(i) An officer seconded
to another hospital may be granted a daily travel allowance at the rate of the
difference between the cost of travel by public transport to his/her normal
place of employment and travel by public transport to the seconding
hospital. Provided that where an
officer drives his/her own vehicle, he/she shall, in lieu, be eligible for an
allowance equivalent to the transport allowance rate payable to members of the
New South Wales Public Service as determined by the Authority from time to
time, for the difference between the distance to his/her normal place of employment
and the distance to the seconding hospital.
(ii) An officer
who, with the approval of the chief executive officer, uses on official
business, a motor vehicle maintained primarily for other than official
business, shall be paid the abovementioned allowance from time to time
effective. However, where it is
estimated that an officer will, with the approval of the chief executive
officer, be required to use his/her private vehicle on official business on at
least 50 days during any period of 12 months and during that period aggregate
at least 805 kilometres of official running, he/she shall be paid at the
official business rate prescribed by the Regulation of the Authority at the
rate in force from time to time throughout the year.
(iii) For the
purpose of sub-clause (ii) travel on official business:
(a) occurs when an
officer is required by the chief executive officer as part of his/her duty to
use his/her motor vehicle to attend away from his/her normal place of
employment or seconding hospital to another clinic, annexe or hospital. Where an officer travels on official
business direct from his/her place of residence to a clinic, annexe or
hospital, other than his/her normal place of employment he/she shall be paid
for the difference between the distance to his/her normal place of employment
or seconding hospital and that other annexe, clinic or hospital;
(b) does not
include "call backs";
(iv) Nothing in
this clause shall make the employer liable for the cost of the officer’s daily
travel to his/her usual and normal place of employment.
NOTATION: -
(1) For
conditions relating to secondments see relevant Departmental circulars.
(2) Travelling
compensation applies to staff required to work at centres other than their
headquarters).
19. Long Service
Leave
(i)
(a) Each officer
shall be entitled to two months' long service leave on full pay after ten
years' service; thereafter additional long service leave shall accrue on the
basis of five months' long service leave for each ten years' service.
(b) Where the
services of an officer with at least five years' service as an adult and less
than ten years' service are terminated by the employer for any reason other
than the officer’s serious and wilful misconduct, or by the officer on account
of illness, incapacity or domestic or other pressing necessity, he/she shall be
entitled to be paid a proportionate amount for long service leave on the basis
of two months' long service leave for ten years' service.
For the purpose of this subclause "service as an
adult" means service with an employer during which the officer received a
rate of pay not less than the lowest rates fixed under this Award for an adult
in the same classification as the officer.
Where some of the service of the officer has not been
under this Award "service as an adult" means - in the case of a
worker employed to do any work for which the price, rate or wage has been fixed
by an award made under the Industrial Relations Act 1996 or made under
the Industrial Relations Act, 1988 or made under the Industrial
Arbitration Act 1940 or has been fixed by an industrial agreement made
pursuant to or registered under the said Acts, or an agreement or Award made
pursuant to the Public Sector Management Act 1988 the period of service
during which the remuneration applicable to the officer was at a rate not less
than the lowest rate fixed under the award, industrial agreement, agreement or
Award for an adult male or adult female in the same trade, classification,
calling group or grade as the officer; or,
in the case of an officer being an apprentice the terms of whose employment are
governed by an award application only to apprentices - the period of service
with an employer during which the remuneration applicable to the officer was at
a rate not less than the rate prescribed by the award covering a journeyman
carrying out work in the same trade, classification, or calling as the officer.
(ii) For the
purposes of sub-clause (i) of this clause -
(a) "Service"
shall mean continuous service in one or more hospitals. For the purpose of this paragraph,
continuous service shall have the same meaning as in the Transferred
Officers Extended Leave Act 1961.
(b) Provided that
broken periods of service in one or more hospitals shall count as service
subject to the following:
(1) Where an
officer after ceasing employment in a hospital subsequent to the 1st July,
1974, any service of that officer before he/she was so re-employed shall not be
counted for the purpose of determining any long service leave due to that
officer in respect of his/her service after he/she was so re-employed.
(2) Where an
officer, after ceasing employment in a hospital is re-employed in a hospital
subsequent to the 1st July, 1974, any service of that officer before he/she was
so re-employed shall not be counted for the purpose of determining any long
service leave due to that officer in respect of his/her service after he/she
was so re-employed unless he/she has completed at least five years' continuous
service from the date of his/her being so re-employed.
(c) Service shall
not include -
(1) any period of
leave without pay except in the case of officers who have completed at least
ten years service (any period of absence without pay being excluded therefrom)
in which case service shall include any period of leave without pay not
exceeding six months taken after 1st July, 1974;
(2) any period of
part-time service, except permanent part-time service as per clause 3,
Salaries, Part C.
(iii) Long
service leave shall be taken at a time mutually arranged between the employer
and the officer.
(iv)
(a) On the
termination of employment of an officer, otherwise than by his/her death, an
employer shall pay to the officer the monetary value of all long service leave
accrued and not taken at the date of such termination and such monetary value
shall be determined according to the salary payable to the officer at the date
of such termination; provided that where an officer is transferring from one
hospital to another he/she may, if he/she so desires and by agreement with
his/her present employer and his/her proposed employer, be allowed to retain
his/her credit to long service leave in lieu of payment of the monetary value
under this sub-clause.
(b) Where an
officer who has acquired a right to long service leave, or after having had
five years service as an adult and less than ten years service, dies, the
officer’s Estate shall be entitled to receive the monetary value of the leave
not taken or which would have accrued to such officer had his/her services
terminated as referred to in subclause (i) (b), and such monetary value shall
be determined according to the salary payable to the officer at the time of
his/her death.
(v) Rights to long
service leave under this clause shall be in replacement of rights to long
service leave, if any, which at 1st July, 1974 may have accrued or may be
accruing to an officer and shall apply only to persons in the employ of the
employer on or after 1st July, 1974.
Where an officer has been granted long service leave or has been paid
its monetary value prior to 1st July, 1974 the employer shall be entitled to
debit such leave against any leave to which the officer may be entitled
pursuant to this clause.
20. Leave Reserved
Leave is reserved to the Associations to apply as they may
be advised in respect of Clause 3, Salaries, for the addition of a Grade 4 and
in respect of any adjustment to the rates for classifications covered by the
Public Hospital (Medical Officers) Award; in respect of Clause 9, Overtime, for
the removal of the overtime barrier.
Leave is reserved to the Corporation to apply as it may be
advised in respect of clauses 3, Salaries, 9, Overtime and 19, Long Service
Leave, in relation to permanent part-time work.
21. Secondment
(i) Allowance -
An officer, other than an intern, seconded to work in a
2nd or 3rd schedule hospital shall have his/her salary increased by one
incremental step, by way of allowance, for the period the officer works in such
hospital.
For the duration of the officer’s secondment, other
than periods of leave, the allowance shall be treated as salary for the purpose
of calculating overtime and shift penalties.
(ii) Travel -
An officer referred to in subclause (i) of this clause
shall be allowed a paid journey to Sydney and return by economy class airfare
or equivalent thereof for each period of 7 weeks in the employment of a 2nd or
3rd schedule hospital.
At the discretion of the hospital the paid journey may
be taken in advance. Such travel may be
used for the purpose of furthering the officer’s medical education.
22. Labour Flexibility
(i) An employer
may direct an employee to carry out such duties as are reasonable, and within
the limits of the employee's skill, competence and training consistent with
employee's classification, grouping and/or career stream provided that such
duties are not designed to promote deskilling.
(ii) An employer
may direct an employee to carry out such duties and use such tools and
equipment as may be required provided that the employee has been properly
trained or has otherwise acquired the necessary skills in the use of such tools
and equipment.
(iii) Any direction
issued by an employer pursuant to sub-clause (i) and (ii) shall be consistent
with the employer's responsibilities to provide a safe and healthy work
environment.
(iv) Existing
provisions with respect to the payment of mixed functions/higher duties
allowances shall apply in such circumstances.
23. Anti-Discrimination
(1) It the
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 age.
(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 a direct or indirect discriminatory
effect.
(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.
(4) 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.
(5) 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.
24. Redundancy -
Managing Displaced Employees
Employees shall be entitled to the provisions of Health
Department Circular No 2000/78 - Managing Displaced Employees, as amended from
time to time.
25. Area, Incidence and
Duration
This Award has been reviewed in accordance with section 19
of the Industrial Relations Act 1996.
This award rescinds and replaces the Public Hospital (Career
Medical Officers) (State) Award published 16 April 1993 (274 I.G. 585) and all
variations thereof .
This Award shall apply to all officers as defined herein,
and shall take effect on and from the beginning of the first pay period to
commence on or after 14 May 2001and it shall remain in force thereafter for a
period of twelve months.
The provisions of this Award do not apply to medical
officers who are employed as Interns, Resident Medical Officers, Registrars or
Senior Registrars.
Part B
Table 1- Allowances
Item No.
|
Clause No.
|
Brief Description
|
Amount
|
|
|
|
$
|
1
|
4
|
Qualification Allowance
|
2435.00 per annum
|
2
|
5
|
In charge Allowance
|
17.65
|
3
|
9(iii)
|
Meal Allowances for overtime:
|
|
|
|
(a) Breakfast at or before 6.00 a.m.
|
17.90
|
|
|
(b) Evening at least 1 hour after normal ceasing
|
17.90
|
|
|
time and extends beyond or is worked wholly
|
|
|
|
after 7.00 p.m.
|
|
|
|
(c) Lunch beyond 2.00 p.m. Saturdays,
|
17.90
|
|
|
Sundays or Holidays
|
|
4
|
10(iii)
|
On-call Allowance per on-call period which
|
11.77
|
|
|
coincides with a day rostered on duty
|
|
|
|
On-call Allowance per on-call period which
|
|
|
|
coincides with a rostered day off
|
23.53
|
|
|
Per week
|
82.37
|
5
|
15(ii)(a)
|
Uniform Allowance -
|
|
|
|
Full Uniform including special shoes if required
|
2.30 per week
|
|
|
Other cases
|
1.70 per week
|
J. P. GRAYSON D.P.
____________________
Printed by the authority of the Industrial Registrar.