Royal
Rehabilitation Service - Weemala Unit Residential Care Staff (State) Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Health
Services Union, Industrial Organisation of Employees.
(No. IRC 2093 of 2008)
|
Before Commissioner
McLeay
|
12 November 2008
|
AWARD
PART A
Arrangement
Clause No. Subject Matter
6. Anti-Discrimination
7. Area,
Incidence and Duration
3. Conditions
of Service
1. Definitions
5. Dispute
Resolution
4. No Extra
Claims
2. Salaries
PART B
MONETARY RATES
Table 1 - Salaries
PART A
1. Definitions
Unless the context otherwise indicates or requires the
several expressions hereunder defined shall have the respective meanings
assigned to them:
"Employer" means the Director-General exercising
employer functions on behalf of the Government of NSW (and includes a delegate
of the Director-General). .
"Residential Care Assistant" means a person other
than a registered nurse, enrolled nurse or residential care nurse, who is
employed in the delivery of services to clients in residential "off
campus" or "satellite" group homes generated from the Weemala
Unit conducted by or on behalf of the Royal Rehabilitation Service.
"Residential Care Worker" means a person appointed
as such and who is employed in the delivery of services to clients in
residential "off campus" or "satellite" group homes
generated from the Weemala Unit, Royal Rehabilitation Service and who possesses
tertiary qualifications acceptable to the employer. Acceptable qualifications currently
include, but are not necessarily limited to:
(a) Registration as
a Mental Retardation, Psychiatric or General Nurse;
(b) a Degree,
Diploma or Associate Diploma from a University or TAFE College in a
health-related discipline.
"Team Leader" means a person appointed as such who
is employed to ensure the delivery of services as determined by the Disability
Services Standards to clients in residential "off campus" or
"satellite" group homes from the Weemala Unit conducted by or on
behalf of the Royal Rehabilitation Centre, Sydney. This position supervises and directs Residential Care Assistants,
Residential Care Workers, and other staff who are employed in the delivery of
such services.
"Union" means the Health Services Union.
2. Salaries
Salaries for Residential Care Staff shall be as set out in
Table 1-Salaries, of Part B, Monetary Rates.
3. Conditions of
Service
The Health Employees Conditions of Employment (State) Award,
as varied from time to time, shall apply to all persons covered by this award.
In addition, the Health Industry Status of Employment
(State) Award, shall also apply to relevant employees.
4. No Extra Claims
The Memorandum of Understanding between the employer and the
Union dated 23 September 2008 establishes the extent of any further claims that
may be pursued by the Union.
5. Dispute Resolution
The dispute resolution procedures contained in the Health
Employees Conditions of Employment (State) Award, as varied, shall apply.
6.
Anti-Discrimination
(i) It is 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.
(ii) 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.
(iii) 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.
(iv) 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.
(v) This clause does
not create legal rights or obligations in addition to those imposed upon the
parties by the 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.
7. Area, Incidence
and Duration
(i) This Award
rescinds and replaces the Royal Rehabilitation Service, Weemala Unit,
Residential Care Staff (State) Award published 3 March 2006 (357 I.G. 822) and
all variations thereof.
(ii) This Award
shall apply to persons employed in classifications contained herein employed in
or in connection with "off campus" or "satellite" group
homes generated from the Royal Rehabilitation Service-Weemala Unit.
(iii) This Award
takes effect from 12 November 2008, and shall remain in force until 30 June
2011.
PART B
MONETARY RATES
Table 1 - Salaries
|
Classification
|
Rate from
|
Rate from
|
Rate from
|
|
|
1.7.2008
|
1.7.2009
|
1.7.2010
|
|
|
4%
|
4%
|
4%
|
|
|
$
|
$
|
$
|
|
Residential Care Worker
|
|
|
|
|
1st year of service
|
844.80
|
877.70
|
911.90
|
|
2nd year of service
|
868.90
|
902.80
|
938.00
|
|
3rd year of service
|
897.20
|
932.20
|
968.60
|
|
4th year of service
|
946.30
|
983.20
|
1,021.50
|
|
5th year of service
|
994.90
|
1,033.70
|
1,074.00
|
|
6th year of service
|
1,047.30
|
1,088.10
|
1,130.50
|
|
7th year of service
|
1,099.20
|
1,142.10
|
1,186.60
|
|
8th year of service
|
1,151.00
|
1,195.90
|
1,242.50
|
|
9th year of service
|
1,210.40
|
1,257.60
|
1,306.60
|
|
10th year of service
|
1,259.90
|
1,309.00
|
1,360.10
|
|
Residential Services Assistant
|
|
|
|
|
1st year of service
|
779.60
|
810.00
|
841.60
|
|
2nd year of service
|
795.10
|
826.10
|
858.30
|
|
3rd year of service
|
810.60
|
842.20
|
875.00
|
|
4th year of service
|
829.60
|
862.00
|
895.60
|
|
5th year of service
|
844.80
|
877.70
|
911.90
|
|
Team Leader
|
|
|
|
|
1st year of service
|
1,203.60
|
1,250.50
|
1,299.30
|
|
2nd year of service
|
1,263.30
|
1,312.60
|
1,363.80
|
|
3rd year of service
|
1,312.70
|
1,363.90
|
1,417.10
|
J.
McLEAY, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.