Orthoptists
in Private Practice (State) Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Health
Services Union, Industrial Organisation of Employees.
(No. IRC 1496 of 2009)
Before Commissioner
McKenna
|
2 October 2009
|
VARIATION
1. Delete
definitions of "Orthoptist - Grade 1" and "Orthoptist - Grade
2" in clause 4, Definitions, of the award published 10 March 2006 (357
I.G. 922), and insert in lieu thereof the following:
"Orthoptists-Level 1"
An Orthoptist - Level 1 means a person having orthoptic
experience and/ or holding appropriate tertiary qualifications recognized by
the Orthoptic Association of Australia and the Orthoptic board of Australia who
is appointed to the position of orthoptists and who generally performs any of
the following functions:
(a) Orthoptic
assessments and treatments as specified in the curricula and courses of
instruction of the Australian schools of Vision Sciences in the discipline of
Orthoptics;
(b) Ophthalmic
investigatory procedures and therapy under the direction of an Ophthalmologist;
(c) Paramedical
tasks incidental to the efficient management of the an ophthalmic practice;
(d) Detailed
preparation of patients for ophthalmic investigations and procedures;
(e) A wider range of
duties including work which is incidental or peripheral to the ophthalmic
practice;
(f) Any other
duties allied to the profession not specified herein.
(g) Exercising
independent professional judgment;
(h) Evidence of
attending continuing education activities on an annual basis;
(i) Have
Accreditation with the Australian Orthoptic Board;
(j) Demonstrate to
the employer the ability to independently (after a qualifying period) operate
all ophthalmic equipment necessary to fulfil the requirements as an Orthopist
and be competent at all ophthalmic duties required in the practice;
(k) May be required
to clinically supervise junior and/or new orthoptic employees;
(l) To be in charge
of and be involved in the training of other/new Orthopist employed in the
practice;
(m) Supervision of
students from an Orthoptic Training School.
"Orthoptist - Level 2"
A person appointed to this level will be an experienced
employee who would be required to work under only general directions from the
Practice Manager and/or the Opthalmologist
Orthoptists at this level may have a clinical, education or
management focus , or elements of all three, where they are in charge or
responsible for between 5-10 other health professionals or other technical and
support staff.
Staff at this level perform novel, complex and critical
discipline specific work with a high level of professional knowledge and by the
exercise of substantial professional judgement. Work is usually performed
without direct supervision with a discretion permitted within the boundaries of
broad quidelines to achieve organisational goals
Discipline specific clinical specialists are recognized
experts in their field at an advanced level of clinical expertise and practice.
This advanced level of expertise will be demonstrated by the fact that the
health professional has extensive experience in their field, and may be
actively contributing to their clinical field of expertise by presenting papers
at conferences and contributing to peer reviewed journals. In recognition of
their superior clinical expertise, a position at this level is responsible for
development of better practice and clinical research within the facility and is
actively involved in teaching staff and students in their field of expertise.
2. Delete
subclause (iii) of clause 5, Area, Incidence and Duration, and insert in lieu
thereof the following:
(iii) The award will
take effect from the beginning of the first pay period to commence on or after
2 October 2009 and will remain in effect until 30 June 2011.
3. Delete clause
7, Wages, and insert in lieu thereof the following:
7. Wages
(i) Wages
This Award permits for the progressive recognition of
professional rates for Orthoptists through adoption of the transitional
arrangements detailed hereunder.
Classification
|
Rate from 1.7.2009
|
Rate from 1.7.2010
|
|
3.9%
|
3.9%
|
|
Per Annum
|
Per annum
|
|
$
|
$
|
Orthoptists
|
|
|
Level 1
|
|
|
1st year of service
|
49,754
|
51,694
|
2nd year of service
|
51,628
|
53,641
|
3rd year of service
|
54,808
|
56,946
|
4th year of service
|
58,575
|
60,859
|
5th year of service
|
62,616
|
65,058
|
6th year of service
|
66,588
|
69,185
|
7th year of service
|
69,829
|
72,552
|
8th year of service
|
72,084
|
74,895
|
Level 2
|
|
|
1st year of service
|
77,531
|
80,555
|
2nd year of service
|
80,127
|
83,252
|
Provided that:
(a) An employee who
holds the degree of Bachelor of Applied Science (Orthoptics) and who has a
minimum of 12 months orthoptic experience shall be entitled to be classified as
a Level 1, 2nd year.
(b) An employee who
holds or is qualified to hold the degree of Master of Applied Science
(Orthoptics) shall be entitled to be classified as a Level 1, 3rd year.
(c) An employee who
holds or is qualified to hold the degree of Doctor of Philosophy shall be
entitled to be classified as a Level - 2 1st year.
(ii) In-Charge
Allowance - An employee who is required to supervise at least two other
permanent staff members covered by this Award and employed at a practice shall
be paid at Orthoptist-Level 2 status. Where an employee is required to
supervise other staff and is already recipient of the rate applying to an
Orthoptist Level 2 will, in addition to his/her rate, receive an additional
weekly allowance of 10 per cent of the weekly wage of an Orthoptist-Level 2.
(iii) Acting or
Higher Grade Duties - Where an employee relieves a person in a higher paid
classification or acts in such classification, the employee shall be paid the
higher rate of pay for the time so spent relieving in the higher position.
4. Delete
subclause (i) Meal Allowance, of clause 8, Allowances, and insert in lieu
thereof the following:
(i) Meal Allowance
- An employee shall be supplied with a meal or meal allowance of $23.60 when
overtime in excess of one and one half hour is worked after the usual time of
ceasing work for the day.
5. Delete subclause
(i) and (ii) of clause 17, Long Service Leave, and insert in lieu thereof the
following:
(i) Every employee
after ten years' continuous service with the same employer shall be entitled to
two months' leave of absence on full pay and for each additional five years'
continuous service thereafter, to an additional one and one-half months' leave
of absence on full pay.
(ii) Any employee
who has completed ten years of continuous service with the same employer shall
be entitled to take such leave. Such
leave in all cases to be taken at a time to be mutually arranged between the
employer and the employee.
6. Delete clause
21, Parental leave, and insert in lieu thereof the following:
21. Parental Leave
(1) Refer to the Industrial
Relations Act 1996 (NSW). The
following provisions shall also apply in addition to those set out in the Industrial
Relations Act 1996 (NSW).
(2)
(a) Paid Maternity
Leave - an permanent full-time or permanent part-time employee is entitled to
four weeks at the ordinary rate of pay from the date maternity leave commences.
This leave may commence up to four week prior to the expected date of birth.
(b) Eligibility - to
be eligible for paid maternity leave an employee must have completed at least
40 weeks continuous service prior to the expected date of birth.
(3) An employer must
not fail to re-engage a regular casual employee (see section 53(2) of the Act)
because:
(a) the employee or
employee's spouse is pregnant; or
(b) the employee is
or has been immediately absent on parental leave.
The rights of an employer in relation to engagement and
re-engagement of casual employees are not affected, other than in accordance
with this clause.
(4) Right to request
(a) An employee
entitled to parental leave may request the employer to allow the employee:
(i) to extend the
period of simultaneous unpaid parental leave use up to a maximum of eight
weeks;
(ii) to extend the
period of unpaid parental leave for a further continuous period of leave not
exceeding 12 months;
(iii) to return from
a period of parental leave on a part-time basis until the child reaches school
age;
to assist the employee in reconciling work and parental
responsibilities.
(b) The employer
shall consider the request having regard to the employee's circumstances and,
provided the request is genuinely based on the employee's parental
responsibilities, may only refuse the request on reasonable grounds related to
the effect on the workplace or the employer's business. Such grounds might include cost, lack of
adequate replacement staff, loss of efficiency and the impact on customer
service.
(c) Employee's
request and the employer's decision to be in writing
The employee's request and the employer's decision made
under 4(a)(ii) and 4(a)(iii) must be recorded in writing.
(d) Request to
return to work part-time
Where an employee wishes to make a request under
4(a)(iii), such a request must be made as soon as possible but no less than
seven weeks prior to the date upon which the employee is due to return to work
from parental leave.
(5) Communication
during parental leave
(a) Where an
employee is on parental leave and a definite decision has been made to
introduce significant change at the workplace, the employer shall take
reasonable steps to:
(i) make
information available in relation to any significant effect the change will
have on the status or responsibility level of the position the employee held
before commencing parental leave; and
(ii) provide an
opportunity for the employee to discuss any significant effect the change will
have on the status or responsibility level of the position the employee held
before commencing parental leave.
(b) The employee
shall take reasonable steps to inform the employer about any significant matter
that will affect the employee's decision regarding the duration of parental
leave to be taken, whether the employee intends to return to work and whether
the employee intends to request to return to work on a part-time basis.
(c) The employee
shall also notify the employer of changes of address or other contact details
which might affect the employer's capacity to comply with paragraph (a).
7. The variation
takes effect from first full pay period on or after 2 October 2009 but by
administrative action the rates displayed herein become payable from 1 July
2009.
D.
S. McKENNA, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.