Crown Employees (Physiotherapists, Occupational
Therapists, Speech Pathologists and Music Therapists) Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(Case No. 2016/00006302)
Before Commissioner Stanton
|
2 August 2016
|
REVIEWED
AWARD
PART A
1. Arrangement
PART A
Clause No. Subject Matter
1. Arrangements
2. Definitions
3. Salaries
and Allowances
4. Anti-Discrimination
5. Grievance
and Dispute Settling Procedures
6. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Rates of Pay
Table 2 - Other Rates and Allowances
2. Definitions
(i) General
(a) “Industrial
Relations Secretary” means the person, within the meaning of the Government Sector Employment Act 2013,
who is taken to be the employer of Public Service employees for industrial
purposes.
(b) "Association"
means the Public Service Association and Professional Officers Association
Amalgamated Union of New South Wales.
(c) "Agency"
means a Public Service agency, as listed in Schedule 1 of the Government Sector
Employment Act 2013.
(d) "Agency Head"
means a person who is the Secretary of a Department or the head of another
Public Service agency listed in Schedule 1 of the Government Sector Employment
Act 2013.
(ii) Physiotherapists
-
(a) "Physiotherapist"
shall mean a person registered or conditionally registered under the Physiotherapists
Act 2001.
(b) "Physiotherapist,
Grade 1" shall mean a Physiotherapist appointed as such who is engaged in
the performance of all facets of Physiotherapy.
(c) "Physiotherapist,
Grade 2" shall mean a Physiotherapist appointed to a position approved as
such and shall include:
(1) A person who
has responsibility for a specific clinical section within a Physiotherapy Unit
which involves the supervision of at least one other Physiotherapist;
(2) A deputy to a
Physiotherapist Grade 4 or 5.
(d) "Physiotherapist,
Grade 3" shall mean a Physiotherapist appointed to a position approved as
such and shall include:
(1) A person who
has responsibility for a specific clinical section within a Physiotherapy Unit
which involves the supervision of more than 6 other Physiotherapists;
(2) A person
performing Student Unit Supervisor duties on a full-time basis;
(3) A person in
charge of a Physiotherapy Unit containing 1-5 other Physiotherapists;
(4) A deputy to a
Physiotherapist Grade 6 or 7.
(e) "Physiotherapist,
Grade 4" shall mean a Physiotherapist appointed to a position approved as
such and shall include a person who is in charge of a Physiotherapy Unit
containing 6-14 other Physiotherapists.
(f) "Physiotherapist,
Grade 5" shall mean a Physiotherapist appointed to a position approved as
such and shall include a person who is in charge of a Physiotherapy Unit
containing 15-29 other Physiotherapists.
(g) "Physiotherapist,
Grade 6" shall mean a Physiotherapist appointed to a position approved as
such and shall include a person who is in charge of a Physiotherapy Unit
containing 30-39 other Physiotherapists.
(h) "Physiotherapist,
Grade 7" shall mean a Physiotherapist appointed to a position approved as
such and shall include a person who is in charge of a Physiotherapy Unit
containing 40 or more other Physiotherapists.
(iii) Occupational
Therapist -
(a) "Occupational
Therapist" shall mean a person who possesses a Degree in Occupational
Therapy from a recognised tertiary institution.
(b) "Occupational
Therapist, Grade 1" shall mean an occupational Therapist appointed as such
who is engaged in the performance of all facets of Occupational Therapy.
(c) "Occupational
Therapist, Grade 2" shall mean an Occupational Therapist appointed to a
position approved as such and shall include:
(1) A person who
has responsibility for a specific clinical section within an Occupational
Therapy Unit which involves the supervision of at least one other Occupational
Therapist;
(2) A deputy to an
Occupational Therapist Grade 4 or 5.
(d) "Occupational
Therapist, Grade 3" shall mean an Occupational Therapist appointed to a
position approved as such and shall include:
(1) A person who has
responsibility for a specific clinical section within an Occupational Therapy
Unit which involves the supervision of more than 6 other Occupational
Therapists;
(2) A person
performing Student Unit Supervisor duties on a full-time basis;
(3) A person in
charge of an Occupational Therapy Unit containing 1-5 other Occupational
Therapists;
(4) A deputy to an
Occupational Therapist Grade 6.
(e) "Occupational
Therapist, Grade 4" shall mean an Occupational Therapist appointed to a
position approved as such and shall include a person who is in charge of an
Occupational Therapy Unit containing 6-14 other Occupational Therapists.
(f) "Occupational
Therapist, Grade 5" shall mean an Occupational Therapist appointed to a
position approved as such and shall include a person who is in charge of an
Occupational Therapy Unit containing 15-29 other Occupational Therapists.
(g) "Occupational
Therapist, Grade 6" shall mean an Occupational Therapist appointed to a
position approved as such and shall include a person who is in charge of an
Occupational Therapy Unit containing 30 or more other Occupational Therapists.
(iv) Speech
Pathologists -
(a) "Speech
Pathologist" shall mean a person who possesses a Degree in Speech Therapy
from a recognised tertiary institution.
(b) "Speech
Pathologist, Grade 1" shall mean a Speech Pathologist appointed as such,
which requires the performance of all facets of Speech Pathology.
(c) "Speech
Pathologist, Grade 2" shall mean a Speech Pathologist appointed to a
position approved as such and shall include:
(1) A person who
has responsibility for a specific clinical section within a Speech Pathology
Department, which involves the supervision of at least one other Speech
Pathologist;
(2) A deputy to a
Speech Pathologist Grade 4 or 5.
(d) "Speech
Pathologist, Grade 3" shall mean a Speech Pathologist appointed to a
position approved as such and shall include:
(1) A person who
has responsibility for a specific clinical section within a Speech Pathology
Unit which involves the supervision of more than 6 other Speech Pathologists;
(2) A person
performing Student Unit Supervisor duties on a full-time basis;
(3) A person in
charge of a Speech Pathology Unit containing 1-5 other Speech Pathologists;
(e) "Speech
Pathologist, Grade 4" shall mean a Speech Pathologist appointed to a
position approved as such and shall include a person who is in charge of a
Speech Pathology Unit containing 6-14 other Speech Pathologists.
(f) "Speech
Pathologist, Grade 5" shall mean a Speech Pathologist appointed to a
position approved as such and shall include a person who is in charge of a
Speech Pathology Unit containing 15 or more other Speech Pathologists.
(v) "Part-time
Student Supervisor" shall mean a Physiotherapists, Occupational Therapist
or Speech Pathologist, other than a person performing Student Unit Supervision
duties on a full-time basis, who is required from time to time to supervise
students and prepare assessments on such students.
3. Salaries and
Allowances
(i) The rates of
pay shall be as set out in Table 1 - Rates of Pay of Part B, Monetary Rates.
(a) Provided that
the commencing rate of salary payable to an employee who has obtained an
appropriate degree or appropriate degree plus associated diploma requiring a
minimum of four years full-time study shall be paid the rate prescribed for the
second year of service.
(b) Provided
further that an employee who has obtained an appropriate degree requiring a
minimum of three and one-half years full-time study shall after six months
relevant full-time service be paid the rate prescribed for the second year of
service.
(ii) The rates of
allowances shall be as set out in Table 2 - Allowances of Part B, Monetary
Rates.
(a) A sole
therapist allowance shall be paid to a Grade 1 Physiotherapists, Occupational
Therapists or Speech Pathologists, who is not responsible to another
Physiotherapists, Occupational Therapists or Speech Pathologists and is the
only therapist in their discipline in a particular Large Residential Centre or
Child and Family Service in a Community Service Centre. The Sole Therapist Allowance shall be paid at
the rate specified in Table 2 of Part B, Monetary Rates.
(b) Part-time
Student Unit Supervisors Allowance - A Physiotherapist, Occupational Therapist
or Speech Pathologist who is a part-time Student Unit Supervisor shall be paid
an allowance for each student per supervised shift at the rate specified in
Table 2 of Part B, Monetary Rates. The
quantum of the allowance shall be determined by the application of the
following formula:
(1) Subtract the
7th year Grade 1 rate from the Grade 3 rate;
(2) Divide (1) by 4
(i.e. the average number of students supervised by a full-time Student Unit
Supervisor);
(3) Divide the
result of (2), by 5 (i.e. the number of shifts per week for a full-time Student
Supervisor).
(4) Divide by
52.17857 (i.e. the number of weeks in the year).
Provided that:
(5) The allowance
shall not be payable to a person occupying a position graded at Grade 3 or
above;
(6) Only one person
can receive the allowance for a student on each shift;
(7) No person shall
receive the allowance for a student who is being supervised by a Student Unit
Supervisor (i.e. full-time);
(8) The maximum
amount payable to a person by way of this allowance in any one week shall be
the amount derived by subtracting the rate prescribed for the 7th year of Grade
1 from the rate prescribed for Grade 3.
4. Anti-Discrimination
(i) It is the
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 the 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."
5. Grievance and
Dispute Settling Procedures
(i) All
grievances and disputes relating to the provisions of this award shall
initially be dealt with as close to the source as possible, with graduated
steps for further attempts at resolution at higher levels of authority within
the appropriate agency, if required.
(ii) An employee
is required to notify in writing their immediate manager, as to the substance
of the grievance, dispute of difficulty, request a meeting to discuss the
matter, and if possible, state the remedy sought.
(iii) Where the
grievance or dispute involves confidential or other sensitive material
(including issues of harassment or discrimination under the Anti-Discrimination
Act 1977) that makes it impractical for the employee to advise their
immediate manager the notification may occur to the next appropriate level of
management, including where required, to the Agency Head or delegate.
(iv) The immediate
manager, or other appropriate officer, shall convene a meeting in order to
resolve the grievance, dispute or difficulty within two (2) working days, or as
soon as practicable, of the matter being brought to attention.
(v) If the matter
remains unresolved with the immediate manager, the employee may request to meet
the appropriate person at the next level of management in order to resolve the
matter. This manager shall respond within two (2) working days, or as soon as
practicable. This sequence of reference to successive levels of management may
be pursued by the employee until the matter is referred to the Agency Head.
(vi) The Agency
Head may refer the matter to the Industrial Relations Secretary for
consideration.
(vii) If the matter
remains unresolved, the Agency Head shall provide a written response to the
employee and any other party involved in the grievance, dispute or difficulty,
concerning action to be taken, or the reason for not taking action, in relation
to the matter.
(viii) An employee,
at any stage, may request to be represented by the Association.
(ix) The employee
or the Association on their behalf, or the Agency Head may refer the matter to
the New South Wales Industrial Relations Commission if the matter is unresolved
following the use of these procedures.
(x) The employee,
Association, Agency and Industrial Relations Secretary shall agree to be bound
by any order or determination by the New South Wales Industrial Relations
Commission in relation to the dispute.
(xi) Whilst the
procedures outlined in subclauses (i) to (x) of this clause are being followed,
normal work undertaken prior to notification of the dispute or difficulty shall
continue unless otherwise agreed between the parties, or in the case involving
occupational health and safety, if practicable, normal work shall proceed in a
manner which avoids any risk to the health and safety of any employee or member
of the public.
6. Area, Incidence and
Duration
(i) This award
shall apply to all of the classifications contained herein.
(ii) The employees
regulated by this award shall be entitled to the conditions of employment as
set out in this award and, except where specifically varied by this award,
existing conditions are provided for under the Government Sector Employment Act 2013, the Government Sector Employment Regulation 2014, the Crown Employees
(Public Service Conditions of Employment) Reviewed Award 2009 and the Crown
Employees (Public Sector - Salaries 2016) Award any awards replacing these
awards.
(iii) 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 2 August 2016.
(iv) This award
remains in force until varied or rescinded, the period for which it was made
having already expired.
PART B
MONETARY RATES
Table 1 - Rates of Pay
Physiotherapists, Occupational Therapists, Speech
Pathologists and Music Therapists
|
Classification and
|
Common
|
1.7.16
|
Grade
|
Salary
|
Per annum
|
|
Point
|
2.50%
|
|
|
$
|
Physiotherapists -
|
|
|
Grade 1
|
|
|
1st year of service
|
46
|
60,154
|
2nd year of service
|
50
|
62,523
|
3rd year of service
|
56
|
66,009
|
4th year of service
|
63
|
70,751
|
5th year of service
|
70
|
75,766
|
6th year of service
|
76
|
80,259
|
7th year of service
|
81
|
84,188
|
Grade 2
|
85
|
87,591
|
Grade 3
|
92
|
93,772
|
Grade 4
|
95
|
96,784
|
Grade 5
|
98
|
99,862
|
Grade 6
|
100
|
101,851
|
Grade 7
|
103
|
104,779
|
Occupational Therapists
|
|
|
Grade 1
|
|
|
1st year of service
|
46
|
60,154
|
2nd year of service
|
50
|
62,523
|
3rd year of service
|
56
|
66,009
|
4th year of service
|
63
|
70,751
|
5th year of service
|
70
|
75,766
|
6th year of service
|
76
|
80,259
|
7th year of service
|
81
|
84,188
|
Grade 2
|
85
|
87,591
|
Grade 3
|
92
|
93,772
|
Grade 4
|
95
|
96,784
|
Grade 5
|
98
|
99,862
|
Grade 6
|
100
|
101,851
|
Speech Pathologist -
|
|
|
Grade 1
|
|
|
1st year of service
|
46
|
60,154
|
2nd year of service
|
50
|
62,523
|
3rd year of service
|
56
|
66,009
|
4th year of service
|
63
|
70,751
|
5th year of service
|
70
|
75,766
|
6th year of service
|
76
|
80,259
|
7th year of service
|
81
|
84,188
|
Grade 2
|
85
|
87,591
|
Grade 3
|
92
|
93,772
|
Grade 4
|
95
|
96,784
|
Grade 5
|
98
|
99,862
|
Music Therapists
|
|
|
1st year of service
|
31
|
52,551
|
2nd year of service
|
38
|
55,970
|
3rd year of service
|
43
|
58,684
|
4th year of service
|
49
|
61,921
|
5th year of service
|
54
|
64,754
|
6th year of service
|
59
|
67,951
|
7th year of service
|
63
|
70,751
|
Table 2 - Other Rates of Allowances
Sole Allowance -
|
|
|
3(ii)(a)
|
|
2,531
|
Part-time Student Unit
Supervisor Allowance for each student per supervised shift
- refer formula in award at 3(ii)(b)
|
|
9.18
|
J. D. STANTON, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.