Health Employees' Engineers (State) Award 2017
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by NSW Ministry of Health.
(Case No. 2017/191815)
Before Chief
Commissioner Kite
|
4 July 2017
|
AWARD
PART A
Arrangement
Clause No. Subject Matter
1. Definitions
2. Salaries
3. Grading
Committee
4. Conditions
of Service
5. Dispute
Resolution
6. Anti-Discrimination
7. No Extra
Claims
8. Area,
Incidence and Duration
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 their respective meaning
assigned to them:
"Assistant Engineer" means a person appointed as
such to an established position as approved by the employer and who has
acquired membership of the Institute of Hospital Engineering, Australia - NSW
Branch or such other qualifications as the employer deems appropriate, provided
that all persons employed and classified as assistant engineers in public
hospitals at the operative date of this Award shall be deemed to hold
qualifications to the level required by this Award.
"Engineer" means a person appointed as such to an
established position as approved by the employer and who has acquired
membership of the Institute of Hospital Engineering, Australia - NSW Branch or
such other qualifications as the employer deems appropriate, provided that all
persons employed and classified as engineers in public hospitals at the
operative date of this Award shall be deemed to hold qualifications to the
level required by this Award.
"Health Service" means a Local Health District
constituted under section 8 of the Health
Services Act 1997, a Statutory Health Corporation constituted under section
11 of that Act, and an Affiliated Health Organisation constituted under section
13 of that Act.
"Hospital" means a public hospital as defined in
section 15 of the Health Services Act
1997.
"Maintenance Supervisor (Tradesman)" means a
person appointed as such to an established position as approved by the employer
and:
(a) who assists
the engineer or the assistant engineer in the supervision of staff and the
general maintenance work of the hospital and, in addition, relieves him during
his absence; or
(b) who, where
there is no engineer, is responsible for the operation of the steam raising
plant and general maintenance work.
"Union" means the Health Services Union NSW.
2. Salaries
Employees shall be paid not less than the minimum salaries
as set out in Table 1 - Salaries, of Part B, Monetary Rates.
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:
(a) an employee
shall, while the grading of his position is under consideration by the
committee be ineligible to be a member of the committee;
(b) the committee
shall not, without sufficient reason, recommend the retrospective operation of
any grading; and
(c) 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.
(iii) 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 Health Service 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 Health Service;
(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 NSW Ministry of Health 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 employees under this Award.
4. Conditions of
Service
(i) The Health
Employees’ Conditions of Employment (State) Award, as amended or replaced from
time to time, shall apply to all persons covered by this Award.
Provided that clause 9, Overtime, of that Award shall
not apply to an employee covered by this Award who is:
(a) classified as
Engineer, Grade 7; or
(b) paid an
allowance because he acts in the capacity of a group engineer or regional
engineer; or
(c) who, following
13 November 1997, is reclassified to a higher grade because he acts in the
capacity of a group engineer or regional engineer;
and the salary rates of engineers not so entitled to
overtime shall be deemed to cover all incidents of employment.
(ii) In addition,
the Health Industry Status of Employment (State) Award, as amended or replaced
from time to time, shall also apply to relevant employees.
5. Dispute Resolution
The dispute resolution procedures contained in the Health
Employees’ Conditions of Employment (State) Award, as amended or replaced from
time to time, 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. No Extra Claims
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 30 June 2018 by a party to this
Award.
8. Area, Incidence and
Duration
(i) This Award
takes effect from 1 July 2017 and shall remain in force for a period of one
year. The wage
rates as outlined in Table 1 - Salaries, will apply
from the first full pay period on or after (ffppoa) 1 July 2017.
(ii) This Award
rescinds and replaces the Health Employees’ Engineers (State) Award published
29 July (380 I.G. 324) and all variations thereof.
(iii) 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.
PART B
MONETARY RATES
Table 1 - Salaries
Classification
|
Rate from
|
|
ffppoa
|
|
01/07/2017
|
|
2.5%
|
|
$ per week
|
Engineer
|
|
Grade 1
|
1,366.70
|
Grade 2
|
1,465.30
|
Grade 3
|
1,562.70
|
Grade 4
|
1,660.90
|
Grade 5
|
1,807.60
|
Grade 6
|
1,954.20
|
Grade 7
|
2,271.00
|
Assistant Engineer
|
|
Grade 1
|
1,366.70
|
Grade 2
|
1,465.30
|
Grade 3
|
1,562.70
|
Grade 4
|
1,660.90
|
Grade 5
|
1,807.60
|
Grade 6
|
1,954.20
|
Maintenance Supervisor (Tradesman)
|
|
Grade 1
|
1224.40
|
Grade 2
|
1318.70
|
P.
KITE, Chief Commissioner.
____________________
Printed by
the authority of the Industrial Registrar.