CHARITABLE INSTITUTIONS (PROFESSIONAL PARAMEDICAL STAFF) (STATE) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.
(No. IRC 1734 of 2004)
Before Mr Deputy
President Grayson
|
8 June 2004
|
REVIEWED AWARD
1. Insert in
numerical order in clause 1, Arrangement of the award published 31 August 2001
(327 I.G. 399) the following new clause number and subject matter:
33. Reasonable
Hours
2. Renumber in
clause 1, Arrangement clause 33, Area, Incidence and Duration to read as clause
34.
34. Area,
Incidence and Duration
3. Delete the
definition of "Association" in clause 2, Definitions, and insert in
lieu thereof the following:
"Union" means the Health Services Union.
4. Delete the
definition "Dietitian", "Industry of Dietetics" and
"Institute" of subclause 2.6 of clause 2, Definitions, and insert in
lieu thereof the following:
2.6 "Dietitian"
means a person employed in the industry of dietetics in hospitals or agencies
who has qualifications acceptable to the Dietitians Association of Australia
and who is eligible for full membership of the said Association.
"Industry of Dietetics" means the industry of
persons engaged in New South Wales in the profession of dietetics in an agency.
"Institute" means the Dietitians Association
of Australia.
5. Delete
subparagraph (1) of subclause 2.7 of clause 2, Definitions, and insert in lieu
thereof the following:
(1) Physiotherapist"
means an officer registered or conditionally registered under the Physiotherapists'
Registration Act 2001.
6. Delete
subparagraph (3) Scientific Officer in subclause 3.1 of Clause 3, Salaries, and
insert in lieu thereof the following:
(3) Scientific
Officer - Officers who hold or are qualified to hold a degree, diploma or other
qualification, as shown hereunder, shall not be classified below the respective
year of scale in this grade, as follows, with advancement as provided for in
subparagraph (2) of this paragraph:
Bachelor's degree (three-year course), diploma with no
experience, junior of the Royal Australian Chemical Institute or graduate of
the Australian Institute of Physics - 1st year;
Bachelor's degree with honours (four-year course) - 2nd
year;
Bachelor's degree with honours (four-year course),
diploma or Bachelor's degree with at least two years' experience concurrent
with or after last two years of course provided that at least one year has been
after 21st birthday), associate of the Royal Australian Chemical Institute, or
associate of the Royal Institute of Chemistry (UK) - 3rd year;
Master's degree - 4th year;
Associate of the Institute of Physics - 6th year;
Associate of the Australian Institute of Physics (UK) -
6th year;
Degree of Doctor of Philosophy - 6th year;
provided that such degree with honours or such Master's
degree has been obtained in subjects relevant to the branch of science in which
the officer is engaged.
7. Delete the
first subparagraph (4) of subclause 3.1 of Clause 3, Salaries, and insert in
lieu thereof the following:
(4) Credentials
Committee - A committee, as set up by the Hospital Scientist (State) Award
published 18 January 2002 (330 I.G. 837), consisting of two representatives of
the Department of Health, N.S.W., and two representatives of the Union, shall
be constituted to consider and recommend to the employer, upon application by
the Union or the employing hospital:
8. Delete the
words "Association" in paragraph (b) of subclause 3.6 of Clause 3,
Salaries, where it appears therein, and insert in lieu thereof the following:
"Union"
9. Delete the
word "Association" in subclause 8.6 of clause 8, Shift Work, where it
appears therein, and insert in lieu thereof the following
"Union"
10. Insert after
clause 32, Remuneration Packaging, the following new clause:
33. Reasonable Hours
33.1 Subject to
sub-clause (ii) an employer may require an employee to work reasonable overtime
at overtime rates or as otherwise provided for under the award.
33.2 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.
33.3 For the
purposes of sub-clause (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.
11. Delete clause
34, Area, Incidence and Duration, and insert in lieu thereof the following:
34. Area, Incidence
and Duration
34.1 This award was
made following a review under section 19 of the Industrial Relations Act
1996.
34.2 This award
rescinds and replaces the Charitable Institutions (Professional Paramedical
Staff) (State) Award published 7 July 2000 (316 IG 1240), and all variations
thereof.
34.3 This award
shall apply to all employees as defined herein.
34.4 This award
shall take effect from the first pay period on or after 13 June 2001and shall
remain in force thereafter for a period of 24 months.
34.5 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.
34.6 This award
remains in force until varied or rescinded, the period for which it was made
having already expired.
J. P. GRAYSON D.P.
____________________
Printed by
the authority of the Industrial Registrar.