NSW Health Service Aboriginal Health Workers'
(State) Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by NSW Ministry of Health.
(No. IRC 789 of 2015)
Before Commissioner Tabbaa
|
2 September 2015
|
AWARD
PART A
1. Arrangement
Clause No. Subject
Matter
PART A
1 Arrangement
2 Definitions
3 Wages
4 Conditions
of Service
5 Progression
and Appointment
6 Anti-Discrimination
7 No Extra
Claims
8 Area,
Incidence and Duration
2. Definitions
2.1 Aboriginal
Health Practitioner means a person who is appointed as such and holds a
Certificate IV in Aboriginal Primary Health Care (Practice), and is registered
with the Australian Health Practitioner Regulation Agency. Aboriginal Health
Practitioners perform a range of clinical practice and primary healthcare
duties for the community in which they work under direct or indirect
supervision at more experienced years.
2.2 Aboriginal
Health Worker means a person who is appointed as such and is a provider of flexible,
holistic and culturally sensitive health services to the Aboriginal community,
and holds or aspires to hold a minimum Certificate III qualification in
Aboriginal Primary Health Care or a minimum Certificate III health
qualification in the area of care in which the Aboriginal Health Worker
works. Aboriginal Health Workers perform
a range of primary health care duties for the community in which they work
under direct or indirect supervision at more experienced years.
2.3 Employer means
the Secretary of the Ministry of Health exercising employer functions on behalf
of the Government of New South Wales, and includes a delegate of the Secretary.
2.4 NSW Health
Service consists of those persons who are employed under Chapter 9, Part 1 of
the Health Services Act 1997 by the Government of NSW in the service of the
Crown.
2.5 Principal
Aboriginal Health Worker means a person who has applied for an advertised
Principal Aboriginal Health Worker role and has been selected on merit.
Principal Aboriginal Health Workers develop, implement and review Aboriginal
primary health care strategy and policies and may be responsible for the
supervision and training of Aboriginal Health Workers. Principal Aboriginal
Health Workers hold a relevant degree qualification.
2.6 Senior
Aboriginal Health Worker means a person who has applied for an advertised
Senior Aboriginal Health Worker role and has been selected on merit. Senior
Aboriginal Health Workers manage resources for the delivery of individual
health services or health programs, and may be responsible for the supervision
and training of Aboriginal Health Workers.
2.7 Union means the
Health Services Union New South Wales.
3. Wages
3.1 Full-time
employees under this Award shall be paid as set out in the Health Professional
and Medical Salaries (State) Award.
4. Conditions of
Service
4.1 The Public
Hospitals (Professional & Associated Staff) Conditions of Employment
(State) Award, as varied from time to time, shall apply to all classifications
of employees as defined in clause 2 of this Award.
5. Progression
and Appointment
5.1 Progression for
Aboriginal Health Workers and Aboriginal Health Practitioners is incremental
upon the completion of 12 months full time satisfactory service.
5.2 Aboriginal
Health Workers who hold a minimum Certificate III qualification in Aboriginal
Primary Health Care or a minimum Certificate III health qualification in the
area of care in which the Aboriginal Health Worker works may commence at Year
2.
5.3 Senior Aboriginal
Health Workers are appointed on merit. Incremental progression occurs once upon
the completion of the first 12 months full time satisfactory service.
5.4 Principal
Aboriginal Health Workers are appointed on merit. Incremental progression
occurs once upon the completion of the first 12 months full time satisfactory
service.
6. Anti -
Discrimination
6.1 It is the
intention of the parties bound by this Award to seek to achieve the object of
section 3(f) if 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 and
age.
6.2 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 effects. It will be consistent with the
fulfilment of these obligations for the parties to make an application to vary
any provisions of the award which, by its terms or operation, has a direct or
indirect discriminatory effect.
6.3 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.
6.4 Nothing in this
clause is to be taken to affect:
i- Any conduct or act which
is specifically exempt from anti-discrimination legislation.
ii- Offering or providing
junior rates to a person under 21 years of age.
iii- Any act or practice of a
body established to propagate religion which is exempted under Section 56(d) of
the Anti-Discrimination Act 1977.
iv- A party to this award from
pursuing matters of unlawful discrimination in a State or federal jurisdiction.
6.5 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. No Extra
Claims
7.1 Other than as provided
for in the Industrial Relations Act 1996 and the Industrial Relations (Public
Sector Conditions of Employment) Regulation 2014, there shall be no further
claims/demands or proceedings instituted before the Industrial Relations
Commission of New South Wales for extra or reduced wages, salaries, rates of
pay, allowances or conditions of employment with respect to the employees
covered by the Award that take effect prior to 1 July 2016 by a party to this
award.
8. Area,
Incidence and Duration
8.1 This Award shall apply to employees of the
classifications in clause 2, Definitions who are employed in the New South
Wales Health service under Section 115(1) of the Health Services Act 1997, or
their successors, assignees or transmittees.
8.2 The Award shall
take effect on and from 2 September 2015 and shall remain in force for a period
of three years.
I. TABBAA, Commissioner
____________________
Printed by the authority of the Industrial Registrar.