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 737 of 2007)

 

 

REVIEWED AWARD

 

1.          Delete in the Arrangement the clause title 6. "Flexible Packaging of Remuneration" of the award published 18 December 1998 (307 LG. 602), and insert in lieu thereof the new title.

 

6.         Voluntary Salary Sacrifice and Flexible Packaging of Remuneration

 

2.          Insert the following new definitions in clause 3, Definitions.

 

"Contract business" is a business (whether an organisation, business enterprise, company, partnership, co-operative, sole trader, family trust or unit trust, corporation and/or person) which is contracted by another employer to provide a specified service or services or to produce a specific outcome or result for that other employer which might otherwise have been carried out by that other employer's own employees.

 

"Labour hire business" is a business (whether an organisation, business enterprise, company, partnership, co-operative, sole trader, family trust or unit trust, corporation and/or person) which has as its business function, or one of its business functions, to supply staff employed or engaged by it to another employer for the purpose of such staff performing work or services for that other employer.

 

3.          Insert after subclause 4.3 of clause 4, Terms of Engagement the following new subclauses.

 

4.4        A casual Medical Officer engaged by the employer on a regular and systematic basis for a sequence of periods of employment under this award during a calendar period of six months shall thereafter have the right to elect to have his or her ongoing contract of employment converted to permanent full-time employment or part-time employment if the employment is to continue beyond the conversion process prescribed by this subclause.

 

4.5        The employer is to give the casual Medical Officer notice in writing of the provisions of subclause 4.4 within four weeks of the casual Medical Officer having attained such period of six months. However, the casual Medical Officer retains his or her right of election under subclause 4.4 if the employer fails to comply with this notice requirement.

 

4.6        Any casual Medical Officer who has a right to elect under subclause 4.4, upon receiving notice under subclause 4.5 or after the expiry of the time for giving such notice, may give four weeks' notice in writing to the employer that he or she seeks to elect to convert his or her ongoing contract of employment to full-time or part-time employment, and within four weeks of receiving such notice from the casual Medical Officer, the employer shall consent to or refuse the election, but shall not unreasonably so refuse. Where the employer refuses an election to convert, the reasons for doing so shall be fully stated and discussed with the employee concerned, and a genuine attempt shall be made to reach agreement.

 

Any dispute about a refusal of an election to convert an ongoing contract of employment shall be dealt with as far as practicable and with expedition through the disputes settlement procedure.

 

4.7        Any casual Medical Officer who does not, within four weeks of receiving written notice from the employer, elect to convert his or her ongoing contract of employment to full-time employment or part-time employment will be deemed to have elected against any such conversion.

 

4.8        Once a casual Medical Officer has elected to become and been converted to a full­time employee or a part-time employee, the employee may only revert to casual employment by written agreement with the employer.

 

4.9        If a casual Medical Officer has elected to have his or her contract of employment converted to full-time or part-time employment in accordance with subclause 4.6, the employer and casual Medical Officer shall, in accordance with this subclause, and subject to subclause 4.6, discuss and agree upon:

 

4.9.1     whether the casual Medical Officer will convert to full-time or part-time employment; and

 

4.9.2     if it is agreed that the casual Medical Officer will become a part-time employee, the number of hours and the pattern of hours that will be worked, consistent with any other part-time employment provisions of this award;

 

provided that an employee who has worked on a full-time basis throughout the period of casual employment has the right to elect to convert his or her contract of employment to full-time employment and an employee who has worked on a part-time basis during the period of casual employment has the right to elect to convert his or her contract of employment to part-time employment, on the basis of the same number of hours and times of work as previously worked, unless other arrangements are agreed between the employer and the employee.

 

4.10      Following an agreement being reached pursuant to subclause 4.9, the casual Medical Officer shall convert to full-time or part-time employment. If there is any dispute about the arrangements to apply to an employee converting from casual employment to full-time or part-time employment, it shall be dealt with as far as practicable and with expedition through the disputes settlement procedure.

 

4.11      An employee must not be engaged and re-engaged, dismissed or replaced in order to avoid any obligation under subclauses 4.4 through 4.10.

 

4.          Delete clause 6, Flexible Packaging of Remuneration, and insert in lieu thereof the following:

 

6.  Voluntary Salary Sacrifice and Flexible Packaging of Remuneration

 

5.          Delete subclause 6.2 of clause 6, and insert in lieu thereof the following new subclause 6.2 and renumber the existing subclauses 6.2 to 6.6, to read as 6.3 to 6.7.

 

6.2        Medical Officers may elect to sacrifice their salary for superannuation by way of making pre-tax personal contributions to their nominated superannuation fund on a fortnightly basis.

 

6.          Delete paragraph 24.3.1 of clause 24, Education Leave, and insert in lieu thereof the following:

 

24.3.1   Where a Medical Officer is required by Preterm to attend a meeting held out of the Medical Officer's usual hours of work, the Medical Officer will be paid $50.00.

 

7.          Delete subclause 28.1 of clause 28, Occupational Health and Safety, and insert in lieu thereof the following:

 

28.1      It is acknowledged by the parties to this award that the employer and employees have an obligation to comply with the Occupational Health and Safety Act 2000 (NSW) and its associated Regulations.

 

8.          Insert after subclause 28.5 of clause of 28, the following new subclauses:

 

28.6      In the event that the employer engages a labour hire business and/or a contract business to perform work wholly or partially on the employer's premises, the employer shall do the following (either directly, or through the agency of the labour hire or contract business):

 

28.6.1   consult with employees of the labour hire business and/or contract business regarding the workplace occupational health and safety consultative arrangements;

 

28.6.2   provide employees of the labour hire business and/or contract business with appropriate occupational health and safety induction training including the appropriate training required for such employees to perform their jobs safely;

 

28.6.3   provide employees of the labour hire business and/or contract business with appropriate personal protective equipment and/or clothing and all safe work method statements that they would otherwise supply to their own employees; and

 

28.6.4   ensure employees of the labour hire business and/or contract business are made aware of any risks identified in the workplace and the procedures to control those risks.

 

28.7      Nothing in subclause 28.6 is intended to affect or detract from any obligation or responsibility upon a contract business or labour hire business arising under occupational health and safety or worker's compensation legislation.

 

9.          Delete in Schedule A, 1. Wages, and insert in lieu thereof the following:

 

1.  Wages

 

As from 1 July 1999, rates of pay will be as		Per Hour
follows:
Medical Officers -		Column I	Column II
		$	$
Grade 1	Doctor in Training -
	undertakes a training period
	whereby completion of the
	training period and
	progression to Grade 2 is
	based on the Doctor in
	Training being assessed as
	competent.
	During the training period
	the standard sessional
	workload will be reduced
	for the Doctor in Training
	and for any Doctor(s)
	involved in the training.
	Such reduction will be
	determined by consultation
	between the Medical Director
	and any Doctor(s)
	involved in training.	30.30	30.30
Grade 2	Medical Officer who
	has completed the
	training period and
	been assessed as
	competent.	48.55	45.76
Grade 3	Ten years' continuous
	service with Preterm or
	is competent to perform
	later gestations and
	more complex cases
	and is willing to train
	new staff.	52.96	49.92

 

As from 1 July 2000, rates of pay will		Per Hour
be adjusted as follows:
Medical Officers -		Column I	Column II
		$	$
Grade 1		31.51	31.51
Grade 2		50.49	47.59
Grade 3		55.08	51.92
As from 1 July 2001, rates of pay will be
adjusted as follows:	Per Hour
Medical Officers -	Column I		Column II
	$		$
Grade 1	32.77		32.77
Grade 2	52.51		49.49
Grade 3	57.28		54.00
As from 1 July 2002, rates of pay will be
adjusted as follows:	Per Hour
Medical Officers -	Column I		Column II
	$		$
Grade 1	34.08		34.08
Grade 2	54.61		51.47
Grade 3	59.57		56.16
As from 1 July 2003, rates of pay will be
adjusted as follows:	Per Hour
Medical Officers -	Column I		Column II
	$		$
Grade 1	35.44		35.44
Grade 2	56.79		53.53
Grade 3	61.95		58.41
As from 1 July 2004, rates of pay will be
adjusted as follows:	Per Hour
Medical Officers -	Column I		Column II
	$		$
Grade 1	36.86		36.86
Grade 2	59.06		55.67
Grade 3	64.43		60.75
As from 1 July 2005, rates of pay will be
adjusted as follows:	Per Hour
Medical Officers -	Column I		Column II
	$		$
Grade 1	38.33		38.33
Grade 2	61.42		57.90
Grade 3	67.00		63.18
As from 1 July 2006, rates of pay will be
adjusted as follows:	Per Hour
Medical Officers -	Column I		Column II
	$		$
Grade 1	39.86		39.86
Grade 2	63.88		60.22
Grade 3	69.68		65.71
As from 1 July 2007, rates of pay will be
adjusted as follows:	Per Hour
Medical Officers -	Column I		Column II
	$		$
Grade 1	41.45		41.45
Grade 2	66.44		62.63
Grade 3	72.47		68.34

 

Column I - rates of pay for Medical Officers

Column II - rates of pay for Medical Officers who elect to receive part of their remuneration in accordance with clause 6, Voluntary Salary Sacrifice and Flexible a Packaging of Remuneration

 

10.        Insert at the end of clause 40, Area, Incidence and Duration, the following new subclauses:

 

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 New South Wales on 28 April 1999 (310 I.G. 359) take effect on and from 25 January 2008.

 

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

 

 

 

A. MACDONALD, Commissioner

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.