NSW Health Service Allied Health Assistants (State)
Award 2024
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by NSW Ministry of Health.
(Case No. 377217 of 2025)
|
Before The Honourable Justice Taylor, President
|
14 October 2025
|
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. Transitional
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 - Transitional Salary Arrangements for Allied
Health Assistants (AHA)
PART A
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, as amended or varied from
time to time.
"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 2025, 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 2023, 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:
(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."
9. No Extra Claims
The parties have agreed to a Memorandum of Understanding on
18 September 2025 in relation to claims impacting this Award. Consequently,
this clause does not preclude the parties from pursuing arbitrated outcomes in
the Industrial Relations Commission, consistent with the terms of the MOU,
which can take effect as determined by the Industrial Relations Commission.
The Industrial Relations Commission recognises that other
than the matters dealt with in, or contemplated by the agreed MOU, or as
otherwise provided for in the Industrial
Relations Act 1996, parties have given an undertaking not to pursue further
claims/demands or proceedings instituted before the NSW Industrial Relations
Commission 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 the nominal expiry of the Award unilaterally made by
a party to the Award unless otherwise agreed by the parties.
This clause does not prevent the Parties from continuing
collaborative discussions during the life of the Award to deliver additional
enhancements to remuneration and/or conditions of employment, and to achieve
additional industry wide and systemic efficiencies and productivity
improvements to the delivery of Government services to the public. Changes to
conditions or salaries may be jointly progressed and, if agreed, an application
to vary the Award may be made by consent prior to the nominal expiry of the
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 in Table 2 -
Transitional Salary Arrangements for Allied Health Assistants (AHA) of Part B,
Monetary Rates, 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 2025 and shall remain in force for a period of two years.
The rates in the third column in Table 1 of Part B - Monetary Rates, will apply
from the first full pay period on or after (ffppoa) 1
July 2025 and the rates in the fourth column in Table 1 of Part B - Monetary
Rates shall apply from the first full pay period on or after (ffppoa) 1 July 2026..
11.2 This Award
rescinds and replaces the NSW Health Service Allied Health Assistants (State)
Award 2024 published 24 January 2025 (397 I.G. 391) and all variations thereof.
11.3 This Award
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:
has completed less than 12 months’ service as an Allied
Health Assistant; and
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
In the period 1 July 2025 to the commencement of the first
full pay period on or after 1 July 2025, the applicable rates of pay are those
that applied immediately prior to the first full pay period on or after 1 July
2025.
|
Classification
|
Frequency
|
Ffppoa
01-Jul-2025
Increase 4%
$
|
Ffppoa
01-Jul-2026
Increase 4%
$
|
|
Allied Health Assistants
|
|
|
|
|
Level 1
|
|
|
|
|
Entry
|
Weekly
|
1210.79
|
1259.22
|
|
Level 2
|
|
|
|
|
1st Year
|
Weekly
|
1238.13
|
1287.66
|
|
2nd Year
|
Weekly
|
1259.91
|
1310.31
|
|
3rd Year
|
Weekly
|
1275.29
|
1326.30
|
|
Level 3
|
|
|
|
|
1st Year
|
Weekly
|
1312.79
|
1365.30
|
|
2nd Year
|
Weekly
|
1337.69
|
1391.20
|
|
3rd Year
|
Weekly
|
1368.94
|
1423.70
|
Table
2 - Transitional Salary Arrangements for Allied Health Assistants (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) Level 1
|
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
|
|
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 the NSW Health Service Allied Health
Assistants (State) Award 2018 published 25 October 2019 (385 I.G. 449) 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 -
Transitional Salary Arrangements for Allied Health Assistants (AHA) of Part B,
Monetary Rates. 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 the NSW Health Service Allied Health Assistants
(State) Award 2018 published 25 October 2019 (385 I.G. 449), 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 - Transitional
Salary Arrangements for Allied Health Assistants (AHA) of Part B, Monetary
Rates. 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 the said Award;
2.2 any
percentage-based wage increases which are awarded post-commencement of the said
Award will be calculated and applied based on the Employee’s transitional rate.
I. TAYLOR J, President
____________________
Printed by
the authority of the Industrial Registrar.