Public
Hospitals Medical Record Librarians (STATE) Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Health
Services Union, Industrial Organisation of Employees.
(No. IRC 2103 of 2008)
Before Commissioner
McLeay
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12 November 2008
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AWARD
Clause No. Subject Matter
1. Definitions
2. Salary and
Grading Structure
3. Grading
Committee
4. Labour
Flexibility
5. Anti-Discrimination
6. Conditions
of Service
7. Area,
Incidence and Duration
1. Definitions
"Employer" means the Director-General exercising
employer functions on behalf of the Government of NSW (and includes a delegate
of the Director-General).
"Hospital" means a public hospital as defined
under section 15 of the Health Services Act 1997.
"Medical Record Librarian" means a person employed
in the industry of medical record librarianship in Public Hospitals who has
qualifications acceptable to the New South Wales Association of Medical Record
Librarians or such other qualifications deemed to be equivalent by the
employer.
"Officer" means a medical record librarian
employed by the employer.
"Service" for the purpose of salaries means
service as a medical record librarian in a public hospital whether in New South
Wales or elsewhere in Australia or other service acceptable to the employer.
"Union" means the Health Services Union.
2. Salary and Grading
Structure
For current salaries refer Health Professional and Medical
Salaries (State) Award
Medical Records Administrator / Medical Records Manager
Grade 1
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All other hospitals including, Western Suburbs, Balmain,
Grafton, St. Margaret's,
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Royal South Sydney, St. Josephs, Hawkesbury, Blue
Mountains.
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Grade 2
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Albury, Bathurst, Canterbury, Coffs Harbour, Dubbo,
Fairfield, Griffith, Manning, Port
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Kembla, Shellharbour.
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Grade 3
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Auburn, Campbelltown, Camden, Lismore, Wagga.
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Grade 4
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Mt. Druitt, Manly, Bankstown, Ryde, Mona Vale, Nepean,
Blacktown, Sydney, Royal
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Women,Sutherland.
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Grade 5
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Hornsby, Liverpool, St. George, Wollongong, Gosford,
Newcastle, Royal Alexandra
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Childrens Hospital and Country Regions.
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Grade 6
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St. Vincent's and Royal North Shore Hospital.
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Grade 7
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Royal Prince Alfred Hospital, Prince of Wales and Prince
Henry Hospital.
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Grade 8
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Parramatta Hospitals - Westmead.
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3. Grading Committee
(i) A committee consisting
of up to three representatives of the employer and up to three representatives
of the Union shall be constituted to consider and recommend to the employer
(a) the grading of
any new position or any variation of grading or classification of a position as
a result of any substantial alteration of duties and/or responsibilities or in
any case of anomaly; and
(b) the date of
effect of the grading recommended.
Provided that:
(1) an employee
shall, while the grading of his position is under consideration by the
committee be ineligible to be a member of the committee;
(2) the committee
shall not, without sufficient reason, recommend the retrospective operation of
any grading; and
(3) where a
retrospective date of effect is recommended such a date shall not be earlier
than a date six months prior to the date on which the matter was referred to
the committee.
(ii) The members of
the committee shall be entitled to examine any statement of duties pertaining
to any position referred to the committee and any papers which illustrate the
type of work performed by the occupant of the position or, if the employer
approves papers which are otherwise relevant to the question of the grading of
the position, including statements of duties of other positions.
Except as otherwise provided, the matters to be
referred to the committee shall be:
(a) any application
by an employee for review of the grading of the position he occupies if the
chief executive officer of the hospital certifies that in his opinion there has
been a substantial alteration of duties and/or responsibilities since the last
grading of the position and states the nature of such alteration, or that the
grading of the position is markedly out of keeping with that of other positions
in the hospital;
(b) the grading of
any new position;
(c) such cases as
the Union may raise where the Union has stated the grounds and indicated the
basis on which it desires such cases to be considered by the committee; and
(d) such other cases
as the employer may approve.
(iv) The committee
shall meet to consider the grading of a position within twenty-one days of such
grading having been referred to the committee.
(v) In the event of
the members of the committee being in disagreement as to the grading to be recommended
for a position or as to the date of effect, the members representing the Union
shall, within twenty-one days of the meeting of the committee at which such
disagreement occurred, furnish to the employer, a written report stating the
grading or date of effect which they consider appropriate with their reasons
therefore and indicating also whether they wish to interview the employer in
connection with their representations.
(vi) The report of
the committee shall be signed by at least one representative of the employer
and of the Union.
(vii) Nothing in this
clause shall affect the right of the Union to apply to the Public Health
Employees (State) Industrial Committee for the settlement of any dispute
arising from the grading of any employee under this award.
4. Labour Flexibility
(i) The employer
may direct an employee to carry out such duties as are reasonable and within
the limits of the employee’s skill, competence and training, consistent with
the employee’s classification, grouping and/or career stream, provided that
such duties are not designed to promote deskilling.
(ii) The employer
may direct an employee to carry out such duties and use such tools and
equipment as may be required, provided that the employee has been properly
trained or has otherwise acquired the necessary skills in the use of such tools
and equipment.
(iii) Any direction
issued by the employer pursuant to subclauses (i) and (ii) shall be consistent
with the employer’s responsibilities to provide a safe and healthy work environment.
(iv) Existing
provisions with respect to the payment of mixed functions/higher duties
allowances shall apply in such circumstances.
5.
Anti-Discrimination
(i) 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.
6. Conditions of
Service
The Public Hospitals (Professional and Associated Staff)
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 all relevant employees.
7. Area, Incidence
and Duration
(i) This Award
rescinds and replaces the Public Hospital Medical Records Librarians Award
published 3 March 2006 (357 IG 818) and all variations thereof.
(ii) This Award
shall apply to persons employed in classifications contained herein employed in
the New South Wales Health Service under s115(1) of the Health Services Act 1997,
or their successors, assignees or transmittees, excluding the County of
Yancowinna.
(iii) This Award takes
effect from 12 November 2008, and shall remain in force until 30 June 2011.
J.
McLEAY, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.