DOUGLASS HANLY MOIR, BARRATT & SMITH AND SOUTHERN PATHOLOGY (STATE)
AWARD 2004
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Douglass
Hanly Moir Pathology Pty Limited.
(No. IRC 4394 of 2004)
|
Before The Honourable
Mr Justice Staff
|
2 August 2004
|
AWARD
PART A
1. Arrangement
PART A
Clause No. Subject Matter
1. Arrangement
2. Title
3. Definitions
4. Wages
5. Conditions
of Employment
6. Core
Values and Code of Conduct
7. Commitment
of the Parties
8. Application
of Parent Award
9. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Wages
2. Title
This Award shall be known as the Douglass Hanly Moir,
Barratt & Smith and Southern Pathology (State) Award 2004.
3. Definitions
(i) "Union"
means the Australian Liquor, Hospitality and Miscellaneous Workers Union, New
South Wales Branch.
(ii) "Company"
means Douglass Hanly Moir Pathology Pty Limited trading as Douglass Hanly Moir
Pathology and Barratt & Smith Pathology, and Southern Pathology Services
Pty Ltd.
(iii) "Parent
Award" means the Private Pathology Laboratories (State) Award, as varied
from time to time.
(iv) "Award
Rates of Pay" means those rates of pay identified in Table 1 - Wages of
Part B, Monetary Rates, of this Award.
(v) "Award
allowances" means those allowances contained in Table 2 - Allowances of
Part B, Monetary Rates as defined in the relevant Parent Award.
(vi) "Employee"
means an employee of the Company as defined.
4. Wages
(i) The minimum rates
of pay for employees in the classifications contained in this Award shall be in
accordance with the rates in Table 1 of Part B, Monetary Rates.
(ii) The rates of
pay in this award include the adjustments payable under the State Wage Case
2004. These adjustments may be offset
against:
(a) any equivalent
over award payments, and/or
(b) award wage
increases since 29 May 1991 other than safety net, State Wage Case and minimum
rates adjustments.
5. Conditions of
Employment
The following conditions of employment shall apply to all
employees of the Company:
(i) All new
employees classified at Grade 4.2 Technical Officer or Grade 4.2 Scientific
Officer shall be subject to a probationary period of six months and either
party may only terminate the employment during this period by one fortnight's
notice or by the payment by the employer or forfeiture by the employee of one
fortnight's wages in lieu of notice.
(ii) Where an
employee becomes entitled to the payment of a meal allowance in accordance with
the provisions of Clause 8, Overtime of the Parent Award, such employee may
choose either the payment of a meal allowance or the provision of an
appropriate meal supplied by the Company.
(iii) Where the
operational needs of the business require appropriate staffing levels during
any public holiday period, the Company shall develop a roster which meets those
requirements. Provided that such
rostering arrangements shall apply on a rotational basis to employees to ensure
that the requirement to work on a public holiday is shared fairly among
employees.
Employees who are rostered to work on such public
holiday may elect to:
(a) be paid time
and one half for such time worked plus accrue an additional day off to be taken
at a mutually agreed time; or
(b) be paid at
double and one half time ordinary rates.
(iv) Rostered times
of ordinary hours of work, once notified, shall not be changed, except by a
week's notice or, where mutually agreed between the Company and the employee,
such notice period may be waived altogether.
Provided that where the employer requests the change without the
employee's consent to the change, the employee shall be paid at overtime rates
for the hours worked outside the previous rostered times for the period of the
notice.
(v) Subject to the
provisions of the Private Pathology Laboratories (State) Award, as varied, the
Company is entitled to offer part-time employees additional hours of work up to
38 ordinary hours per week. Where an
employee works such additional hours, such hours are to be paid at the ordinary
time rate of pay.
(vi) Where at the
employer's discretion, the employer has granted leave without pay, employees
proceeding on leave without pay shall not accrue any entitlements to forms of
paid leave.
6. Core Values and
Code of Conduct
(i) Core Values
The Core Values of the Company are as follows:
(a) Commit to
Service Excellence
Willingly to serve all those with whom we deal with
unsurpassed excellence;
(b) Treat each
other with Respect and Honesty
To grow a workplace where trust, team spirit and equity
are in integral part of everything we do.
(c) Demonstrate
Responsibility and Accountability
To set an example, to take ownership of each situation
to the best of our ability and to seek help when needed.
(d) Be
Enthusiastic about Continuous Improvement
Never to be complacent, to recognise limitations and
opportunities for ourselves and processes and to learn through these.
(e) Maintain
Confidentiality
With regard to patient records and all information pertaining
to patients as well as other professional and commercial issues.
(ii) Code of
Conduct
(a) The Company is
committed to creating and maintaining an environment for all employees that is
free from workplace harassment.
(b) The Company
will not tolerate harassment at work or work-related events by its staff
against other people or property.
(c) For the
purpose of this clause, workplace harassment includes, but is not limited to:
1. any act that
is physically or psychologically an assault;
2. Any threat or
behaviour or action that is interpreted by a reasonable person as having the
potential to:
harm or endanger the safety of others
result in an act of aggression, or
destroy or damage property.
(d) Any employee
who commits an act of harassment or threatens to harass other persons or
property at work or a work-related event will be the subject of disciplinary
action, up to and including dismissal from employment.
(e) It is the
responsibility of every employee, supervisor and manager to take any threat or
form of workplace harassment seriously, and report acts or threats of
harassment to the appropriate supervisor/manager/authorities.
7. Commitment of the
Parties
The increases identified in Clause 4, Wages, represent the conclusion
of the State Wage Case from 4 June 2004 (Matter Number IRC 2672 of 2004).
8. Application of
Parent Award
This Award shall be read in conjunction with the Parent
Award and insofar as the terms of this Award vary from the Parent Award, the
terms of this Award shall prevail.
9. Area, Incidence
and Duration
This Award rescinds and replaces the Douglass Hanly Moir,
Barratt and Smith and Southern Pathology (State) Award 2003 handed down on 25
August 2003 (341 I.G. 879) and all variations thereof.
This Award shall apply to all employees of the Company
employed in the classifications contained in the Private Pathology Laboratories
(State) Award, and shall apply from the beginning of the first full pay period
to commence on or after 12 August 2004.
PART B
MONETARY RATES
Table 1 - Wages
|
Classification
|
Former Rate
|
SWC2004
|
Total Rate
|
|
|
Per Week
|
$
|
Per Week
|
|
|
$
|
|
$
|
|
Pathology Aide - Laboratory
|
|
|
|
|
Grade 3 - on commencement
|
471.70
|
19.00
|
490.70
|
|
Grade 2 - after 12 months
|
489.80
|
19.00
|
508.80
|
|
Grade 1 - on appointment
|
524.70
|
19.00
|
543.70
|
|
Pathology Aide - Ancillary
|
|
|
|
|
Grade 3 - on commencement
|
471.70
|
19.00
|
490.70
|
|
Grade 2 - after 12 months
|
489.80
|
19.00
|
508.80
|
|
Grade 1 - on appointment
|
524.70
|
19.00
|
543.70
|
|
Pathology Aide - Courier
|
|
|
|
|
On commencement
|
539.20
|
19.00
|
558.20
|
|
Pathology Collector -
|
|
|
|
|
Grade 4 - in training
|
499.90
|
19.00
|
518.90
|
|
Grade 3 - on appointment
|
544.90
|
19.00
|
563.90
|
|
Grade 2 - on appointment
|
573.60
|
19.00
|
592.60
|
|
Grade 1 - Educator/Co-coordinator
|
608.20
|
19.00
|
627.20
|
|
Practice Trainee - Scientific and
|
|
|
|
|
Technical Officers
|
|
|
|
|
Stage 1 -
|
363.00
|
19.00
|
382.00
|
|
Stage 2 -
|
398.60
|
19.00
|
417.60
|
|
Stage 3 -
|
449.20
|
19.00
|
468.20
|
|
Stage 4 -
|
481.80
|
19.00
|
500.80
|
|
Stage 5 -
|
523.40
|
19.00
|
542.40
|
|
Stage 6 -
|
550.50
|
19.00
|
569.50
|
|
And Thereafter
|
579.30
|
19.00
|
598.30
|
|
Technical Officers
|
|
|
|
|
Grade 4.2 - on commencement
|
596.90
|
19.00
|
615.90
|
|
Grade 4.1 - after 12 months
|
619.90
|
19.00
|
638.90
|
|
Grade 3.3 - on appointment
|
654.60
|
19.00
|
673.60
|
|
Grade 3.2 - after 12 months
|
675.50
|
19.00
|
694.50
|
|
Grade 3.1 - after 2 years
|
692.70
|
19.00
|
711.70
|
|
Grade 2.2 - on appointment after at least 4 years at
|
|
|
|
|
Grade 3
|
715.70
|
19.00
|
734.70
|
|
Grade 2.1 - after 2 years
|
733.60
|
19.00
|
752.60
|
|
Grade 1.2 - on appointment
|
771.50
|
19.00
|
790.50
|
|
Grade 1.1 - after 3 years
|
794.50
|
19.00
|
813.50
|
|
Scientific Officers -
|
|
|
|
|
Grade 4.2 - on commencement
|
608.40
|
19.00
|
627.40
|
|
Grade 4.1 - after 12 months
|
654.60
|
19.00
|
673.60
|
|
Grade 3.3 - on appointment
|
721.60
|
19.00
|
740.60
|
|
Grade 3.2 - after 12 months
|
744.70
|
19.00
|
763.70
|
|
Grade 3.1 - after 2 years
|
771.50
|
19.00
|
790.50
|
|
Grade 2.2 - on appointment after at least 4 years at
|
|
|
|
|
Grade 3
|
794.50
|
19.00
|
813.50
|
|
Grade 2.1 - after 2 years
|
829.10
|
19.00
|
848.10
|
|
Grade 1.2 - on appointment
|
861.50
|
19.00
|
880.50
|
|
Grade 1.1 - after 3 years
|
896.00
|
19.00
|
915.00
|
C. G. Staff J.
____________________
Printed by the
authority of the Industrial Registrar.