NSW Ambulance Death and Income Protection
Benefits Interim (State) Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by NSW Ministry of Health.
(Case No. 2017/336359)
|
Before Chief
Commissioner Kite
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8 November 2017
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VARIATION
1. Delete the
list of annexures in clause 2, Arrangement and substitute with the following:
Annexure A - Definition of ‘Suitable Employment’
Annexure B - Benefits for On Duty Death
Annexure C - Benefits for Off Duty Death
Annexure D - Transitional Benefits
Annexure E - Components of ‘Salary’
2. Delete the
paragraph under definition of "officer" in clause 3, Definitions and insert
in lieu thereof the following:
"Officer" means an employee in a
classification for which it is an essential requirement that they possess, or
undertake the Diploma in Paramedical Science (or an equivalent, or its
predecessor qualification). This is confined to classifications under Clause 5
Classifications of the Operational Ambulance Officers (State) Award and Clause
4 Definitions of the Operational Ambulance Managers (State) Award, as varied or
replaced from time to time, but excludes temporary and casual employees of both
Awards. For the purpose of this award, NSW Ambulance positions designated as
Health Relationship Manager are included in the definition of officer at the
operative date of this Award.
3. Delete the
paragraph under definition of "on duty injury" in clause 3,
Definitions and insert in lieu thereof the following:
"on duty injury"
means an injury (including a disease injury) for which an officer is entitled
to compensation under the applicable terms and provisions of the Workers Compensation Act 1987, as
amended or replaced from time to time.
4. Delete the
paragraph under definition of "suitable employment" in clause 3,
Definitions and insert in lieu thereof the following:
"suitable employment"
means the same as the definition prescribed in the applicable provisions of the
Workers Compensation Act 1987, as
amended or replaced from time to time. The applicable definition that has
application from the commencement of this Award is contained at Annexure A to
this Award.
5. Delete
paragraph 6.3.4 in subclause 6.3 of clause 6, Insurance and insert in lieu
thereof the following:
6.3.4 who would have been covered and eligible for benefits in
respect of that disability under the Ambulance Service of NSW Death and
Disability (State) Award,
6. Delete subclause
7.1 in clause 7, Lump Sum Payments for Death and insert in lieu thereof the
following:
7.1 Officers shall
be entitled to a lump sum payment in accordance with Annexure B to this Award
in the event that an on duty injury results in an officer’s death.
7. Delete the
words "Annexure B" wherever they appear in subclause 7.3 of clause 7,
Lump Sum Payments for Death and substitute with the following:
Annexure C
8. Delete subclause
7.5 in clause 7, Lump Sum Payments for Death and insert in lieu thereof the following:
7.5 Entitlements to
receive a lump sum benefit from the First State Super insurance superannuation
scheme shall be assessed in accordance with the applicable trust deed and
policy document that applies at such time. Any dispute will be assessed in
accordance with the First State superannuation scheme’s Disputes and Complaints
procedure, as varied or replaced from time to time. This includes any dispute
as to entitlement to receive a lump sum payment from the First State Insurance
Superannuation Scheme.
9. Delete subclause
8.3 and insert in lieu thereof the following:
8.3 Entitlements to
income protection benefits shall be assessed in accordance with the terms of
the insurance policy. Any associated dispute will be assessed in accordance
with the insurance policy’s Disputes and Complaints procedure as contained in
the insurance policy.
10. Delete the
words "Annexure C" in subclause 10.1, in clause 10, Transitional
Payments for On Duty Total and Permanent Disability and substitute with the
following:
Annexure D
11. Delete the
words "Annexure C" in subclauses 11.1 and 11.3 in clause 11,
Transitional Payments for Off Duty Total and Permanent Disability substitute
with the following:
Annexure D
12. Delete subclause
12.5 in clause 12, Rehabilitation, Retraining and Transitional Payments for
Officers Who Suffer Partial and Permanent Disability and insert in lieu thereof
the following:
12.5 An officer who
suffers an on duty injury shall receive rehabilitation/retraining consistent
with the following NSW Ambulance policies and procedures:
a. Workers
Compensation and Recovery at Work Operating Procedure’ (PRO2016-035);
b. Redeployment
of Injured Workers Under Workers Compensation
Operating Procedure (PROC2015_010);
as varied or replaced from
time to time, leading to a return to pre-injury employment wherever
possible.
13. Delete subclause
12.6 in clause 12, Rehabilitation, Retraining and Transitional Payments for
Officers Who Suffer Partial and Permanent Disability and insert in lieu thereof
the following:
12.6 An officer who
suffers an off duty related injury/illness, shall receive rehabilitation/retraining
consistent with the non work related injuries/illness
section/s of the NSW Ambulance’s "Workers Compensation and Recovery at
Work Operating Procedure (PRO2016_035)", as varied or replaced from time
to time, leading to a return to pre-injury employment wherever possible.
14. Delete
paragraphs 12.6.1 and 12.6.2 in subclause 12.6 of clause 12, Rehabilitation,
Retraining and Transitional Payments for Officers Who Suffer Partial and
Permanent Disability and insert in lieu thereof the following:
12.6.1 No medical or
rehabilitation costs will be met by NSW Ambulance for off duty injuries.
12.6.2 Where a return to
pre-injury employment is not possible as determined by the medical assessor,
the officer will be declared as suffering a partial and permanent disability
and opportunities for permanent placement in suitable employment will be sought
wherever reasonably practical. Suitable employment can include redeployment to
an administrative position.
12.6.3 If permanent
placement in suitable employment within NSW Ambulance is not possible the
employment of the officer may be terminated and, in such circumstances, the
officer shall be paid a lump sum payment equivalent to the unexpired portion of
the two year full salary or full salary to age 60 (whichever is the
lesser). In the case of permanent part
time officers, the entitlements under this sub clause are calculated on a pro
rata basis. The two year period commences when medical evidence indicates that
an officer is not able to return to their pre-injury employment.
15. Delete
subclause 12.8 in clause 12, Rehabilitation, Retraining and Transitional
Payments for Officers Who Suffer Partial and Permanent Disability and insert in
lieu thereof the following:
12.8 An adequate
opportunity will be given to the officer concerned and the Union (unless the
officer expressly declines to agree to the Union being informed) to consider
the NSW Ambulance’s opinion that no suitable employment is available and to put
that opinion into dispute in accordance with the dispute resolution clause of
this Award prior to cessation of employment. Such opportunity will also be
given in situations where it is disputed that any alternate employment is
genuinely suitable. The officer’s place of residence will also be considered
when determining suitable employment.
16. Delete subclause
13.4 in clause 13, Insurance and Assessment of Entitlement to Transitional
Benefits and insert in lieu thereof the following:
13.4 Entitlement to
benefits to be provided by NSW Ambulance pursuant to this Part may be assessed
by an assessment provider engaged by NSW Ambulance, or by NSW Ambulance. Any
dispute can be initially assessed in accordance with clause 16 of this award.
17. Delete
subclause 13.5 in clause 13, Insurance and Assessment of Entitlement to
Transitional Benefits and insert in lieu thereof the following:
13.5 Entitlement to
receive a lump sum benefit under clause 10 and 11 from the First State Super
superannuation scheme shall be assessed in accordance with the terms of the
First State Super superannuation scheme Trust Deed and Policy Document. Any
dispute will be assessed in accordance with the First State Super
superannuation scheme’s Disputes and Complaints procedure.
18. Delete
subclause 15.3 in clause 15, Health and Wellness Program and insert in lieu
thereof the following:
15.3 1.9% of the
Government’s maximum contribution as stipulated at subclause 18.2 of this Award
will be used to fund initiatives under the Health and Wellness Program.
As an example: If the Government’s maximum contribution
pursuant to 18.2 was $10 million, then subclause 15.3 provides a fund of
$190,000 for initiatives under the Health and Wellness Program.
19. Delete subclause
16.2 in clause 16, Grievance Mechanism and insert in lieu thereof the
following:
16.2 With the
exception of the procedures outlined in subclauses 7.5, 8.3 or 13.5 of this
Award, if an issue gives rise to a dispute, it shall be dealt with in
accordance with the issue resolution procedures in Operational Ambulance Officers
(State) Award and the Operational Ambulance Managers (State) Award, as amended
or replaced from time to time.
20. Delete entire
subclause 16.3, in clause 16, Grievance Mechanism.
21. Insert the
following new subclause in clause 19, Area, Incidence and Duration:
19.4 This Award was
varied on 8 November 2017 to operate retrospectively on and from 8 May 2017, in
accordance with IRC Matter Number 157357 of 2017.
22. Immediately
before Annexure A, insert new Annexure A as follows:
ANNEXURE A
Definition of
‘Suitable Employment’ pursuant to section 43A of the Workers Compensation Act 1987
(1) Suitable
employment in relation to a worker, means employment
in work for which the worker is suited, having regard to the following:
(a) the nature of the worker’s incapacity and pre-injury
employment,
(b) the worker’s age, education, skills and work experience,
(c) the worker’s place of residence,
(d) the details given in the medical certificate supplied by the
worker,
(e) the provisions of any injury management plan for the worker,
(f) any suitable employment for which the worker has received
rehabilitation training,
(g) the length of time the worker has been seeking suitable
employment,
(h) any other relevant circumstances.
(2) In the case of
employment provided by the worker’s employer, suitable employment includes:
(a) employment in respect of which:
(i) the number of hours each day or week that the worker
performs work, or
(ii) the range of duties the worker performs, is suitably
increased in stages (in accordance with a rehabilitation plan or return-to-work
plan or otherwise), and
(b) if the employer does not provide employment involving the
performance of work duties-suitable training of a vocationally useful kind
provided:
(i) by the employer at the workplace or elsewhere, or
(ii) by any other person or body under arrangements made with the
employer, but only if the employer pays an appropriate wage or salary to the
worker in respect of the time the worker attends the training concerned.
(3) However, in
any such case, suitable employment does not include:
(a) employment that is merely of a token nature and does not
involve useful work having regard to the employer’s trade or business, or
(b) employment that is demeaning in nature, having regard to
subsection (1) (a) and (b) and to the worker’s other employment prospects.
(4) A worker is to
be regarded as suitably employed if:
(a) the worker’s employer provides the worker with, or the
worker obtains, suitable employment, or
(b) the worker has been reinstated to the worker’s former
employment under Part 7 of Chapter 2 of the Industrial
Relations Act 1996.
23. Rename previous
Annexure A to Annexure B and delete the paragraph under the heading, BENEFITS
FOR ON DUTY DEATH and substitute with the following:
Entitlements to receive lump sum benefits shall be in
accordance with the applicable First State Superannuation Scheme Trust Deed and
Policy Document.
24. Rename previous
Annexure B to Annexure C and delete the paragraph under the heading, BENEFITS
FOR OFF DUTY DEATH and substitute with the following:
Entitlements to receive lump sum benefits shall be in
accordance with the applicable First State Superannuation Scheme Trust Deed and
Policy Document. Lump sum benefits shown in the table below are payable from
the First State Super insurance superannuation scheme in accordance with the
scheme’s trust deed and policy document.. Where an on duty benefit is less than
the off-duty benefit, the higher benefit would be payable.
25. Rename previous
Annexure C to Annexure D.
26. Rename previous
Annexure D to Annexure E.
27. This variation
shall take effect on and from 8 May 2017.
P KITE, Chief Commissioner
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Printed by the authority of the Industrial Registrar.