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. IRC 191 of 2012)
Before The Honourable
Mr Justice Staff
|
19 March 2012
|
REVIEWED
AWARD
1. Delete clause 1,
Arrangement of the award published 27 March 2009 (367 I.G. 891) and insert in
lieu thereof the following:
1. Arrangement
Clause No. Subject Matter
12 Annual
Leave
24 Anti-Discrimination
31 Area,
Incidence and Duration
1 Arrangement
17 Continuing
Medical Education
2 Definitions
15 Family and
Community Services Leave and Personal/Carer’s Leave
29 Higher
Duties Allowance
7 Hours of
Work
6 In-Charge
Allowance
23 Labour
Flexibility
20 Long
Service Leave
21 Maternity,
Adoption and Parental Leave
11 On-Call and
Call-Back
10 Overtime
8 Penalty
Rates
13 Public
Holidays
28 Reasonable
Hours
25 Redundancy
- Managing Displaced Employees
3 Salaries
5 Salary
increases and work value
26 Salary
Sacrifice to Superannuation
27 Salary
Packaging
4 Senior
Career Medical Officer
18 Settlement
of Disputes
14 Sick Leave
9 Time
Worked
22 Trade Union
Leave
19 Travelling
Allowances
30 Underpayment
and Overpayment of Salaries
16 Uniform and
Laundry Allowance
PART B
Table 1 - Allowances
2. Delete the
definition of “Association” in clause 2, Definitions, and insert in lieu
thereof the following:
“Association" means the Australian Salaried
Medical Officers' Federation (New South Wales) or HSUeast.
3. Delete the
definition of “Career medical Officer” in clause 2, Definitions, and insert in
lieu thereof the following:
"Career Medical Officer" means a medical
practitioner who is registered with the Medical Board of Australia and is not
employed under the classifications set out in the Public Hospital (Medical
Officers) Award.
4. Delete the
definition of “Department” in clause 2, Definitions, and insert in lieu thereof
the following:
“Ministry” means the Ministry of Health.
5. Delete the
definition of “Director of Public Employment” in clause 2, Definitions.
6. Delete the
definition of “Director-General” in clause 2, Definitions, and insert in lieu
thereof the following:
“Director-General” means the Director-General of the
Ministry of Health.
7. Delete the
definition of “Public Health Organisation” in clause 2, Definitions, and insert
in lieu thereof the following:
“Public Health Organisation” means an organisation
defined in section 7 of the Health Services Act 1997 as follows:
(a) a Local Health
District; or
(b) a statutory
health corporation; or
(c) an affiliated
health organisation in respect of its recognised establishments and recognised
services.
8 Delete
subclause (i), in clause 4, Senior Career Medical Officer, and insert in lieu
thereof the following:
(i) A grading
committee consisting of two nominees of the Ministry and two representatives of
the Association(s) shall be constituted to consider and make recommendations to
the employer in relation to appointment to the Senior Career Medical Officer
grade. The committee shall meet to
consider an application for progression to this grade by a Career Medical
Officer within 28 days of an application being submitted to the employer.
9. Delete the
“Notation” paragraph appearing at end of subclause (x) clause 12, Annual Leave,
and insert in lieu thereof the following:-
(NOTATION: The conditions under which the annual leave
loading shall be paid to employees are the same as generally applied through
policy directives issued by the Ministry of Health.)
10. Delete subclause
(iv) in clause 17, Continuing Medical Education, and insert in lieu thereof the
following:
(iv) Expenses
associated with such leave are to be reimbursed by the employer, provided that
no expenses or allowances shall be payable in respect of travel or
accommodation outside Australia, except in respect of courses run under the
auspices of a recognised Australasian Specialist College in New Zealand. The
provisions of the Ministry of Health Policy Directive PD2005_619, Travel -
Official, as amended from time to time, shall apply to any travel under this
clause.
11. Delete clause
19, Travelling Allowances, and insert in lieu thereof the following:
19. Travelling Allowances
(i) An employee
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 employee 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 under the Health Services Act
1997 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 employee
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 employee 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 payable to members of the New South Wales Public Service
as determined by clause 36 of the Crown Employees (Public Sector Conditions of
Employment) Award 2009 from time to time.
(iii) For the
purpose of sub-clause (ii) travel on official business:
(a) occurs when an
employee is required by the employer 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 employee 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 employee’s daily
travel to his/her usual and normal place of employment.
NOTATION:
(i) For
conditions relating to secondments see relevant Ministry of Health policy
directives.
(ii) Travelling
compensation applies to staff required to work at centres other than their
headquarters.
12. Delete paragraph
(a) of subclause (ii) of clause 20, Long Service Leave, and insert in lieu
thereof the following:
(a) service shall
mean continuous service with the employer.
For the purpose of this paragraph, continuous service will be determined
in accordance with the provisions of Ministry of Health Policy Directive
PD2006_096 Staff Mobility, as amended from time to time.
13. Delete clause
25, Redundancy-Managing Displaced Employees, and insert in lieu thereof the
following:
25. Redundancy -
Managing Displaced Employees
Employees shall be entitled to the provisions of
Ministry of Health Policy Directive PD2007_085 ‘Managing Displaced Staff of the
NSW Health Service’ as amended from time to time.
14. Delete
subclauses (iv) and (v) in clause 27, Salary Packaging, and insert in lieu
thereof the following:
(iv) 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.
(v) 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.
15. Delete clause
31, No Further Claims, in entirety and renumber clause 32, Area, Incidence and
Duration to read as "clause 31,
Area, Incidence and Duration".
16. Delete
renumbered clause 31, Area, Incidence and Duration, and insert in lieu thereof
the following:
31. Area, Incidence
and Duration
(i) This Award
rescinds and replaces the Public Hospital Career Medical Officers (State) Award
published 10 March 2006 (357 IG 986) and all variations thereof.
(ii) This Award
shall apply to persons employed in classifications contained herein employed in
the NSW Health Service under section 115(1) of the Health Services Act 1997, or
their successors, assignees or transmittees.
(iii) 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 19 March 2012.
(iv) This award
remains in force until varied or rescinded, the period for which it was made
having already expired.
C.G.
STAFF J
____________________
Printed by
the authority of the Industrial Registrar.