THE PORT MACQUARIE BASE HOSPITAL PROFESSIONAL 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 4528 of 2004)

 

 

REVIEWED AWARD

 

1.          Renumber clause 33, Area, Incidence and Duration, of clause 1, Arrangement, of the award published 25 May 2002 (333 I.G. 753) to read as clause 34.

 

2.          Insert after clause 32, Parental Leave, of the said clause 1 the following new clause:

 

33.  Reasonable Hours

 

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 subclauses (iii) and (iv) of clause 5, Grievance and Dispute Resolution Procedures, and insert in lieu thereof the following:

 

(iii)       For the procedures set out in subclauses (i) and (ii) of this clause, the employer may be represented by an industrial organisation of employers and the employees may be represented by an industrial organisation of employees or the Union representative.

 

(iv)       For the purposes of this clause, Union representative shall mean an employee appointed as Union representative, who shall, upon notification to the employer in writing thereof, and within 14 days of such appointment, be recognised as the accredited representative of the Health Services Union.

 

5.          Delete clause 28, Accommodation and Amenities, and insert in lieu thereof the following:

 

28.  Accommodation and Amenities

 

The minimum standards set in the Occupational Health and Safety Regulation 2001 shall be met in the provision of amenities for staff.

 

6.          Delete clause 33, Area, Incidence and Duration, and insert in lieu thereof the following:

 

34.  Area, Incidence and Duration

 

(i)         This award was made following a review under section 19 of the Industrial Relations Act 1996 and rescinds and replaces the Port Macquarie Base Hospital Professional Staff Enterprise Bargaining 1996 Consent Award published 15 August 1997 (300 I.G. 559) and all variations thereof.

 

(ii)        The award published on 15 August 1997 took effect from the first full pay period to commence on or after 11 June 1996.

 

(iii)       This award shall apply to all employees as defined herein who are employed at Port Macquarie Base Hospital and shall not apply to novices, aspirants or persons who have taken the vows of religious orders in licensed private hospitals.

 

(iv)       The changes made to the award pursuant to the Award Review under 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 22 October 2004.

 

(v)        This award remains in force until varied or rescinded, the period for which it was made having already expired.

 

7.          Insert after clause 32, Parental Leave, the following new clause:

 

33.  Reasonable Hours

 

(i)         Subject to subclause (ii) of this clause, an employer may require an employee to work reasonable overtime at overtime rates unless or as otherwise provided for under the award.

 

(ii)        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.

 

(iii)       For the purposes of subclause (ii) hereof, what is unreasonable or otherwise 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.

 

 

 

J. P. GRAYSON  D.P.

 

 

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Printed by the authority of the Industrial Registrar.