PRETERM 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 5775 of 2003)

 

 

REVIEWED AWARD

 

1.          Delete the Arrangement of the award published 18 December 1998 (307 I.G. 602) and insert in lieu thereof the following:

 

Arrangement

 

Clause No.          Subject Matter

 

1.         Statement of Intent

2.         Preamble

3.         Definitions

4.         Terms of Engagement

5.         Wages

6.         Flexible Packaging of Remuneration

7.         Increments or Classifications

8.         Hours of the Clinic

9.         Additional Sessions

10.       Cancellation of Rostered Sessions

11.       Meal and Tea Breaks

12.       Higher and Other Duties Allowance

13.       Medical Defence Premiums

14.       Out of Hours Duty

15.       Reasonable Hours

16.       Annual Leave

17.       Sick Leave

18.       Public Holidays

19.       Long Service Leave

20.       Parental Leave

21.       Family Leave

22.       Special Leave

23.       Personal/Carer's Leave

24.       Education Leave

25.       Leave Without Pay/Unpaid Leave

26.       Jury Service/Attendance at Court/Blood Donation

27.       Child Care

28.       Occupational Health and Safety

29.       Notice of Termination of Services

30.       Payment of Entitlements on Termination

31.       Disputed Terminations

32.       Redundancy

33.       Certificate of Service

34.       Federation Notice Board

35.       Federation Fees

36.       Superannuation

37.       Grievance and Dispute Procedures

38.       Anti-Discrimination

39.       No Further Claims

40.       Area, Incidence and Duration

 

Schedule A

 

2.          Renumber the clauses in the body of the award to reflect the Arrangement.

 

3.          Renumber clause 15, Annual Leave, to read as clause 16 and insert the following new clause 15:

 

15.  Reasonable Hours

 

15.1      Subject to sub-clause 15.2 an employer may require an employee to work reasonable overtime at overtime rates.

 

15.2      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.

 

15.3      For the purposes of sub-clause 15.2 what is reasonable or other wise will be determined having regard to:

 

15.3.1               any risk to employee health and safety.

 

15.3.2               The employee’s personal circumstances including any family and carer responsibilities.

 

15.3.3               The needs of the workplace or enterprise.

 

15.3.4               The notice (if any) given by the employer of the overtime and by the employee of his or her intention to refuse it; and

 

15.3.5               Any other relevant matter.

 

4.          Renumber clause 28, Payment of Entitlements on Termination, to read as clause 30 and insert the following new clause 28:

 

28.  Occupational Health and Safety

 

28.1      It is acknowledged by the parties to this award that the employer and employees have an obligation to comply with the NSW Occupational Health and Safety Act 2001 and it associated Regulations.

 

28.2      An OH&S agreement will be negotiated and implemented.  The agreement to ensure effective management of risks within the workplace, will include provisions to:

 

support the establishment and maintenance of elected health and safety representatives.

 

establish/maintain the right of employees, health and safety representatives and the union to be informed and consulted.

 

ensure consultative procedures for the resolution of OH&S issues.

 

ensure appropriate training for all employees.

 

maintain a system for reporting, recording and investigating incidents, illness and injuries, including routine analysis of information.

 

commit the organisation to an ongoing program of identification of control/minimisation risks.

 

ensure procedures are implemented to facilitate early intervention and rehabilitation for injured workers.

 

the agreement will acknowledge:

 

employees right to cease to do unsafe work and their representatives right to do so; and

 

That statutory requirements including regulations and codes of practice are minimum standards which will be improved upon wherever possible

 

28.3      If a safety problem arises the matter shall be brought to the attention of the immediate supervisor.  He/She shall organise for the problem to be rectified and to arrange for employees to be relocated if necessary to a safe work environment until the problem is rectified.

 

28.4      Should a dispute arise over a safety issue there will be an immediate inspection of the disputed area involving both the employer and the OH&S representative(s).

 

28.5      As soon as possible after any OH&S issue has been reported, the employer must inform the OH &S representative and all affected employees of the issue and expected course of action for resolution of the issue.

 

5.          Delete clause 35A, Anti-Discrimination and insert in lieu thereof the following:

 

38.  Anti-Discrimination

 

(1)        It is 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, age and responsibilities as a carer.

 

(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 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.”

 

6.          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 3 February 2004.

 

 

 

J. P. GRAYSON  D.P.

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.