NSW Ambulance Death and Income Protection
Benefits (State) Award 2017
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by NSW Ministry of Health.
(Case No. 2017/336433)
Before Chief
Commissioner Kite
|
8 November 2017
|
AWARD
PART A
INTRODUCTION AND INTENTIONS, ARRANGEMENT AND DEFINITIONS
1. Introduction and
Intentions
1.1 This Award
shall be known as the NSW Ambulance Income Protection and Death Benefits
(State) Award 2017.
1.2 The intentions
and commitments of this Award are to provide:
1.2.1 benefits in the event that an on duty or off duty illness or
injury results in the death or incapacity of an officer; and
1.2.2 transitional
arrangements related to the cessation of lump sum benefits for total and
permanent disablement and partial and permanent disablement previously
available under the Ambulance Service of NSW Death and Disability (State) Award
published 21 October 2016 (380 I.G. 1549) as varied
from time to time.
1.2.3 a health and wellness program for officers.
1.3 This Award
shall be in five parts as follows:
Part A - Introduction and Intentions, Arrangement and
Definitions.
Part B - Arrangements for Officers Entitled to the
Death and Income Protection Benefits Prescribed by this Award.
Part C - Transitional Provisions
Part D - Health and Wellness Program
Part E - Exclusions, Disputes, Anti-Discrimination and
Area, Incidence and Duration
2. Arrangement
Clause No. Subject
Matter
1. Introduction
and Intentions
2. Arrangement
3. Definitions
4. Coverage
5. Other
Entitlements Not Affected
6. Insurance
7. Lump Sum
Payments for Death
8. Income
Protection
9. Officers
Covered by the Transitional Provisions
10. Transitional
Payments for On Duty Total and Permanent Disability
11. Transitional
Payments for Off Duty Total and Permanent Disability
12. Rehabilitation,
Retraining and Transitional Payments for Officers Who Suffer Partial and
Permanent Disability
13. Insurance
and Assessment of Entitlement to Transitional Benefits
14. Exclusion
15. Health and
Wellness Program
16. Grievance
Mechanism
17. Anti-Discrimination
18. Cost of
the Scheme and Award Review
19. Area,
Incidence and Duration
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’
3. Definitions
"actuary" means an
actuary appointed by NSW Ambulance.
"date of disablement"
means the last day the officer works in their pre-injury duties.
"NSW Ambulance" means the Ambulance Service of
NSW, a Division of the NSW Health Service, as established by the Health Services Act 1997.
"off duty injury" means
any personal injury or disease which is not an on duty injury.
"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.
"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.
"partial and permanent disability" means the
officer’s cessation of employment was substantially due to the permanent
physical or mental disability of the officer (not caused by any act or default
of the officer intended to produce an injury leading to that disability) and
the officer is, when the officer ceases to be employed by NSW Ambulance,
permanently unable, by reason of that disability, to perform the duties of the
position for which the officer was substantively employed.
"salary" means for
officers covered by the Operational Ambulance Officers (State) Award the base
salary prescribed by that award (including allowances regarded as part of
salary for the purposes of that award) plus 20% and salary plus 3% for officers
under the Operational Ambulance Managers (State) Award. The award components
that make up "salary" are contained in the schedule at Annexure E. In
the case of officers employed on a full time basis, lump sum benefits payable
under this Award shall utilise the salary as defined above. In the case of
officers who have worked a period of their service on a permanent part-time
basis, the benefits will be calculated by applying the relevant part time ratio
to the prescribed benefit. This ratio
shall be calculated by dividing the officer's actual service by the full time
equivalent service. The period of service taken into account is from 10 November
2006 or the date employment commenced, whichever is the later.
"State Authorities Superannuation Scheme" means
the superannuation scheme established under the State Authorities Superannuation Act 1987.
"State Superannuation Scheme" means the
superannuation scheme established under the Superannuation
Act 1916.
"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.
"total and permanent
disability" means:
a) An officer
suffers the loss of:
the use of two limbs, or
the sight of both eyes, or
the use of one limb and the
sight of one eye
where limb is defined as the
whole hand or the whole foot: or
b) An officer
working 15 hours each week or more
The officer having been absent from his/her occupation
with the employer through injury or illness for six consecutive months and
becoming incapacitated to such an extent as to render the officer unlikely to
ever engage in any gainful profession, trade or occupation for which the
officer is reasonably qualified by reason of education, training or experience.
c) An officer
working less than 15 hours each week
The officer, because of injury or illness becomes
permanently unable to perform the basic activities normally undertaken as part
of everyday life as evidenced by the officer being unable to undertake any two
of the activities listed below:
i) Bathing
- to shower or bathe
ii) Dressing - to
dress or undress
iii) Toileting -
to use the toilet including getting on or off
iv) Feeding
- to eat and drink
v) Mobility - to
get in or out of his/her wheelchair
vi) Continence
- to control bladder and bowel function
If the officer can perform the activity on his/her own
by using special equipment the officer is not to be considered unable to
perform the activity.
"Union/s" means Health Services Union NSW
and/or Australian Paramedics Association (NSW).
PART B
ARRANGEMENTS FOR OFFICERS ENTITLED TO THE DEATH AND
INCOME PROTECTION BENEFITS PRESCRIBED BY THIS AWARD
4. Coverage
4.1 This Award
applies to all officers with the following exceptions:
4.1.1 members of the State Superannuation Scheme; and
4.1.2 officers aged 65 years and over.
4.2 Officers who
are members of the State Authorities Superannuation Scheme who have additional
benefit cover are not entitled to the death benefits provided by clause 7 of
this Award. However, such officers are entitled
to income protection benefits provided by clause 8 of this Award.
5. Other Entitlements
Not Affected
5.1 The benefits
conferred upon officers by this Award do not affect:
5.1.1 any compensation payable under the Workers Compensation Act 1987; or
5.1.2 any superannuation entitlements.
6. Insurance
6.1 NSW Ambulance
will establish with First State Super, a superannuation scheme to pay the
benefits prescribed by clause 7 of this Award.
6.2 NSW Ambulance
will take out an insurance policy to pay the benefits prescribed by clause 8 of
this Award.
6.3 An officer
6.3.1 who suffers a disability arising from an injury before the
commencement date of the insurance policy described at subclause 6.2; and
6.3.2 who is not covered by the insurance policy described at
subclause 6.2 in respect of that disability; and
6.3.3 who is not entitled to a payment under Part C Transitional
Provisions of this Award; and
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, is entitled to be
paid by NSW Ambulance in respect of that disability such amounts as are
equivalent to the amounts that the officer would have been paid under the new
insurance policy described at subclause 6.2, if that policy had covered the
officer.
7. Lump Sum Payments
for Death
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.
7.2 Lump sum
benefits payable under subclause 7.1 of this Award shall be calculated
utilising the salary as defined in this Award.
7.3 Officers shall
be entitled to a lump sum payment in accordance with Annexure C to this Award
in the event that an off duty injury results in an officer’s death. The lump
sum amounts specified at Annexure C shall be increased in accordance with
general increases in salaries prescribed in Operational Ambulance Officers
(State) Award or the Operational Ambulance Managers (State) Award.
7.4 For the
purposes of this clause, an officer’s age shall be his/her age at the date of
death.
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.
8. Income Protection
8.1 NSW Ambulance
will take out and maintain an income protection insurance policy that provides
insurance cover that applies where, due to illness or injury incurred either on
or off duty, an officer is unable to perform the duties of the position for
which they are substantively employed and they are under the care of a medical
practitioner.
8.2 NSW Ambulance
will take out an insurance policy that includes the following terms at a
minimum:
A disability benefit which
tops up any other income received by the officer so that the officer receives
75% of pre-disability salary.
A waiting period of 90 days before any benefit is
payable in the case of an Off Duty Injury, or 26 weeks in the case of an On
Duty Injury.
A maximum benefit period of five
years for on duty injuries, and two years for off duty injuries.
An officer is not forced to use their accrued sick leave
during waiting periods.
If an officer’s employment is terminated as a result of
illness or injury during the benefit period, the termination of the employment
does not affect benefits to which the officer is otherwise entitled.
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 Disputes and Complaints procedure as contained in the insurance
policy.
PART C
TRANSITIONAL PROVISIONS
9. Officers Covered By
the Transitional Provisions
9.1 This Part of
the Award applies to officers who as at 19 August 2016 contributed a percentage
of their salary towards the benefits formerly provided under the Ambulance
Service of NSW Death and Disability (State) Award as follows:
9.1.1 Officers who
contributed 1.8 per cent of their salary are entitled to the provisions of
clauses 10, 11 and 12 of this Award.
9.1.2 Officers who
contributed 0.92 per cent of their salary are entitled to the provisions of
clauses 10 and 11 of this Award.
9.1.3 Officers who
contributed 0.88 per cent of their salary are entitled to the provisions of
clause 12 of this Award.
10. Transitional
Payments for on Duty Total and Permanent Disability
10.1 Officers
specified at subclauses 9.1.1 and 9.1.2 of this Award and whose date of
disablement is on or prior to 19 August 2016 shall be entitled to a lump sum
payment in accordance with Table 1 of Annexure D to this Award in the event
that an on duty injury results in an officer suffering total and permanent
disability.
10.2 For the purposes
of this clause, an officer’s age shall be his/her age at the date of
disablement.
11. Transitional
Payments for Off Duty Total and Permanent Disability
11.1 Officers specified
at 9.1.1 and 9.1.2 of this Award and whose date of disablement is on or prior
to 19 August 2016 shall be entitled to a lump sum payment in accordance with
the scale set out in Table 2 of Annexure D of this Award in the event that an
off duty injury results in their total and permanent disability. Any such lump sum payment will be at the rate
effective at the date of disablement.
11.2 For the purposes
of this clause, an officer’s age shall be his/her age at the date of
disablement or at such earlier date as may be determined by the parties in
accordance with clause 16.1.
11.3 The lump sum
amounts prescribed at Table 2 of Annexure D shall be increased in accordance
with general increases in salaries prescribed by the Operational Ambulance
Officers (State) Award or the Operational Ambulance Managers (State)
Award.
12. Rehabilitation,
Retraining and Transitional Payments for Officers Who Suffer Partial and
Permanent Disability
12.1 The lump sum
payments prescribed by this clause may be payable to officers:
12.1.1 specified
at subclauses 9.1.1 and 9.1.3 of this Award; and
12.1.2 who
are medically unfit for their pre-injury duties on 19 August 2016; and
12.1.3 whose
date of disablement is on or prior to 19 August 2016.
12.2 An officer who
returns to pre-injury duties on or after 20 August 2016 is not entitled to the
provisions of this clause. For this
purposes of this subclause, an officer who returns to their substantive
position with restrictions under a supervised return to work plan as part of
the rehabilitation processes as outlined in this clause, is not considered to
have returned to pre-injury duties.
12.3 In order to be
entitled to a benefit pursuant to this clause an officer must engage in the
provisions outlined within this clause.
12.4 There is a
mutual obligation on both NSW Ambulance and the injured officer to identify
suitable employment. However, it is the injured officer’s responsibility to
accept a reasonable offer of a suitable employment made by NSW Ambulance, which
may include transfer to another location. A failure to accept one of three
offers of suitable employment will jeopardise any benefits or entitlements
payable under this Award and may result in termination of employment.
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.
12.5.1 Where a return to
pre-injury employment is not possible, as determined by a medical assessor
contracted by NSW Ambulance, the officer will be declared as suffering a
partial and permanent disability and opportunities for permanent placement in
suitable employment will be sought.
12.5.2 If permanent
placement in suitable employment within NSW Ambulance is not possible the
employment of the officer may be terminated.
In such circumstances the officer, subject to eligibility being
established, shall be paid a lump sum payment in accordance with Table 3 of
Annexure D to this Award.
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.
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.
12.7 The objective of
the rehabilitation/retraining program creates mutual obligations, which is for
every officer who suffers partial and permanent disability to be placed in
suitable employment with NSW Ambulance, wherever reasonably practical
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. Suitable employment does not include employment that is
merely token in nature and does not involve useful
work in relation to the activities of NSW Ambulance, or is demeaning in nature
having regard to the officer’s incapacity and pre-injury employment, age,
education, skills and work experience. The officer’s place of residence will
also be considered when determining suitable employment.
13. Insurance and Assessment
of Entitlement to Transitional Benefits
13.1 The benefits
prescribed by clauses 10 and 11 of this Award will be paid from the First State
Super superannuation scheme which was established under the terms of the
Ambulance Service of NSW Death and Disability (State) Award. Provided that NSW
Ambulance will administer and pay for any benefits under clauses 10 and 11 of
this Award for officers who are not covered by the scheme’s trust deed and
policy document
13.2 The benefits
prescribed by clause 12 of this Award will be administered and paid by NSW
Ambulance.
13.3 Officers can
only receive one transitional benefit either a "partial and permanent
disability benefit" or "total and permanent disability benefit".
An officer will be required to sign a deed of undertaking when making a claim
for benefits for partial and permanent disability. This deed ensures that any benefits obtained
under partial and permanent disability will be repaid to NSW Ambulance should
the officer be successful in claiming total and permanent disability.
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.
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.
13.6 Lump sum
benefits payable under this Part shall be calculated utilising the salary as
defined in this Award.
13.7 Officers covered
by the transitional provisions under clauses 10, 11 or 12 of this Award cannot
receive both a transitional payment and income protection benefits under clause
6.3 or clause 8 of this Award. If such officers
claim an income protection benefit they will be required to sign a deed of
undertaking when making that claim. This
deed ensures that any benefits obtained under income protection will be repaid
to NSW Ambulance should the officers be successful in claiming transitional
total and permanent disability payments or transitional partial and permanent
disability payments.
14. Exclusion
14.1 An officer
otherwise entitled to benefits provided by Part C of this Award shall not be
entitled to such benefits in relation to an injury (or consequent disability)
directly caused by the taking of disciplinary action that may lead to removal
from NSW Ambulance. However, if:
14.1.1 the
initiation of or conduct of such disciplinary action by NSW Ambulance was not
reasonable; or
14.1.2 the
officer is not ultimately removed from NSW Ambulance as a consequence of the
disciplinary action,
then the officer shall
continue to be eligible to claim benefits for such injury.
PART D
HEALTH AND WELLNESS PROGRAM
15. Health and
Wellness Program
15.1 NSW Ambulance
will implement a Health and Wellness Program in accordance with the following
objectives:
15.1.1 to
promote health and wellness of paramedics and to assist them in meeting the
occupational requirements of their job
15.1.2 to
provide practical support, education and assistance to paramedics through
structured health and wellness programs.
15.2 Nothing in the
Health and Wellness Program shall give rise to any additional payment,
allowance or any other financial benefit to any officer. The Program shall not give rise to any
additional leave entitlements to any officer.
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.
For 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.
15.4 NSW Ambulance
shall provide the unions with a yearly breakdown of the expenditure of the 1.9%
of the Government’s contribution on health and wellness initiatives.
15.5 Prior to funds
identified in subclause 15.3 being applied, NSW Ambulance are to consult with
unions on how such funds should be applied to initiatives under the Health and
Wellness Program.
PART E
GRIEVANCE MECHANISM, ANTI-DISCRIMINATION, AWARD REVIEW
AND AREA, INCIDENCE AND DURATION
16. Grievance
Mechanism
16.1 A committee will
be formed comprised of equal representatives of APA, HSU and NSW Ambulance to
consider grievances that arise from the application of this award. The Unions,
NSW Ambulance or individual officers may refer such matters to the committee.
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 2017 and the Operational Ambulance Managers (State)
Award 2017, as amended or replaced from time to time.
17.
Anti-Discrimination
17.1 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.
17.2 It follows that
in fulfilling their obligations under clause 16 of 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
effect. It will be consistent with the
fulfilment of these obligations for the parties to make an application to vary
any provision of this Award, which by its terms or operation, has direct or
indirect discriminatory effect.
17.3 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.
17.4 Nothing in this
clause is taken to affect any conduct or act which is specifically exempted
from anti-discrimination legislation; offering or providing junior rates of pay
to persons under 21 years of age; any act or practice of a body established to
propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977; and/or a
party to this Award from pursuing matters of unlawful discrimination in any
State or Federal jurisdiction.
17.5 This clause does
not create legal rights or obligations in addition to those imposed upon the
parties by legislation referred to in this clause.
18. Cost of the Scheme
and Award Review
18.1 There will be
yearly actuarial and financial reviews conducted on the death and income
protection scheme and the transitional provisions of this Award. The actuarial
and financial reports created as part of these reviews are to be provided to
the HSU and APA within 4 weeks of receipt by NSW Ambulance.
18.2 The long term
cost to Government of benefits, rehabilitation and administrative costs for
injury and the health and wellness program provided under this Award are to be
a maximum of 3.6% of salaries as defined by this Award. If the results of the
actuarial and financial reviews referred to above or if in any 12 month period:
18.2.1 the
insurance premium/s quoted for the next 12 months, and/or
18.2.2 the
claims experience of the preceding 12 months
are such that, in the opinion of the actuary and NSW
Ambulance, the long term cost to the Government is likely to exceed 3.6% of
salaries, there will be an immediate review of the scheme. Appropriate steps will then be taken by the
parties to implement a revised scheme that maintains a maximum cost to
Government of 3.6% of salaries.
18.3 If the results
of the actuarial and financial reviews referred to above or if in any 12 month
period:
18.3.1 the
insurance premium/s quoted for the next 12 months, and/or
18.3.2 the
claims experience of the preceding 12 months
are such that, in the opinion
of the actuary and NSW Ambulance, the long term cost to the Government is
likely to be less than 3% of salaries, there will be an immediate review of the
scheme. Appropriate steps will then be taken by the parties to increase the
benefits available to officers under a scheme that maintains a maximum cost to
Government of 3.6% of salaries.
18.4 After the
receipt of the actuarial and financial reports outlined in 18.1 above, any
party may request a meeting to discuss the implication of the reports on the
benefits available to officers.
19. Area, Incidence
and Duration
19.1 This Award shall
apply to all officers as defined in clause 3, Definitions, who are employed in
NSW Ambulance by the Secretary of the Ministry of Health and this Award is
binding on the Secretary of the Ministry of Health.
19.2 This Award
follows the expiry of the NSW Ambulance Death & Income Protection Benefits
Interim (State) Award published 20 May 2016 (C8590).
19.3 This Award
commences on 20 August 2017 and remains in force until 19 August 2020.
19.4 The parties to
this Award are the Secretary of the Ministry of Health, the Health Services
Union (NSW) and the Australian Paramedics Association (NSW).
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.
ANNEXURE B
BENEFITS FOR ON DUTY DEATH
Entitlements to receive lump sum benefits shall be in
accordance with the applicable First State Superannuation Scheme Trust Deed and
Policy Document.
The 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. Where an on duty benefit is less than the off-duty
benefit, the higher benefit would be payable.
Age At Death Or
Disablement
|
Lump Sum As
Multiple Of Salary
|
|
(salary effective
at date of disablement)
|
Less than 45 years
of age
|
8.50
|
45
|
8.20
|
46
|
7.95
|
47
|
7.69
|
48
|
7.42
|
49
|
7.15
|
50
|
6.88
|
51
|
6.59
|
52
|
6.29
|
53
|
5.98
|
54
|
5.67
|
55
|
5.35
|
56
|
5.02
|
57
|
4.69
|
58
|
4.34
|
59
|
4.00
|
60
|
3.71
|
ANNEXURE C
Entitlements to receive lump sum benefits shall be in
accordance with the applicable First State Superannuation Scheme Trust Deed and
Policy Document. The 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. Where an on duty benefit is less than the off-duty
benefit, the higher benefit would be payable.
BENEFITS FOR OFF DUTY DEATH
Age
|
Lump Sum
|
|
Effective from the
first pay period to
|
|
commence on or
after 1 July 2017
|
Less than 61 years of age
|
$386,493
|
At age 61 to less than 62 years
|
$309,194
|
At age 62 to less than 63 years
|
$231,896
|
At age 63 to less than 64 years
|
$154,597
|
At age 64 to less than 65 years
|
$77,296
|
ANNEXURE D
TRANSITIONAL BENEFITS
TABLE 1
BENEFITS FOR ON DUTY TOTAL AND PERMANENT DISABILITY
Age At Disablement
|
Lump Sum As
Multiple Of Salary
|
|
(salary effective
at date of disablement)
|
Less than 45 years
of age
|
8.50
|
45
|
8.20
|
46
|
7.95
|
47
|
7.69
|
48
|
7.42
|
49
|
7.15
|
50
|
6.88
|
51
|
6.59
|
52
|
6.29
|
53
|
5.98
|
54
|
5.67
|
55
|
5.35
|
56
|
5.02
|
57
|
4.69
|
58
|
4.34
|
59
|
4.00
|
60
|
3.71
|
TABLE 2
BENEFITS FOR OFF DUTY TOTAL AND PERMANENT DISABILITY
Age at Disablement
|
Lump Sum
|
|
Effective from the
first pay period to
|
|
commence on or
after 1 July 2017
|
Less than 61 years of age
|
$386,493
|
At age 61 to less than 62 years
|
$309,194
|
At age 62 to less than 63 years
|
$231,896
|
At age 63 to less than 64 years
|
$154,597
|
At age 64 to less than 65 years
|
$77,296
|
TABLE 3
BENEFITS FOR ON DUTY PARTIAL AND PERMANENT DISABILITY
Where an on duty benefit is less than the off duty benefit,
the higher benefit would be payable.
Age at Disablement
|
Lump Sum as
Multiple of Salary
|
|
(salary effective
at date of disablement)
|
20
|
8.33
|
21
|
8.22
|
22
|
8.11
|
23
|
7.99
|
24
|
7.87
|
25
|
7.75
|
26
|
7.62
|
27
|
7.49
|
28
|
7.35
|
29
|
7.21
|
30
|
7.07
|
31
|
6.92
|
32
|
6.76
|
33
|
6.61
|
34
|
6.44
|
35
|
6.28
|
36
|
6.11
|
37
|
5.93
|
38
|
5.75
|
39
|
5.56
|
40
|
5.36
|
41
|
5.16
|
42
|
4.96
|
43
|
4.75
|
44
|
4.53
|
45
|
4.30
|
46
|
4.07
|
47
|
3.83
|
48
|
3.59
|
49
|
3.34
|
50
|
3.08
|
51
|
2.81
|
52
|
2.53
|
53
|
2.25
|
54
|
1.95
|
55
|
1.65
|
56
|
1.34
|
57
|
1.02
|
58
|
0.69
|
59
|
0.35
|
60
|
0.00
|
ANNEXURE E
OPERATIONAL AMBULANCE OFFICERS
Components
of Salary
|
|
Components
of 20%
|
Base
Salary (Stafflink Element)
|
|
Penalties
(Stafflink Element)
|
|
|
|
AR916R AWD ASN
Operation Centre Allowance
|
|
AN646N ASN
Relocation Disturbance Allowance
|
AR919R AWD ASN
Broken Hill Advanced Life Support
|
|
AN001N On Call
Weekly
|
AR920R AWD ASN
Broken Hill Paramedic Allowance
|
|
AN001N On Call
|
AR923R AWD ASN
Broken Hill Allowance
|
|
AR564R Broken Hill
Climatic and Isolation
|
AR937R AWD ASN
Specialist Allowance
|
|
Allowance
|
zzzAR938R ASN
Standby Rescue Allowance
|
|
AN945N ASN Living
Away Sustenance After Tax
|
AR941R AWD ASN
Duty Operations Centre Air Ambulance
|
|
PL001 Penalty 10
Percentage
|
zzzAR942R AWD ASN
Ambulance Studies Certificate
|
|
PL002 Penalty 12
and half Percentage
|
AN944R AWD
Operations Centre Standby
|
|
PL003 Penalty 15
Percentage
|
EA001 Normal Hours
|
|
PL006 Penalty
Saturday 50 Percentage
|
LP004 Sick Leave
Payment
|
|
PL008 Penalty
Sunday 75 Percentage
|
LP006 Annual Leave
Entitlement Payment
|
|
PL010 Public
Holiday Penalty 50 Percentage
|
LP006 Annual Leave
Entitlement Payment
|
|
PL011 Public
Holiday Penalty 100 Percentage
|
LP009 Extra Leave
Payment
|
|
PL012 Public
Holiday Penalty 150 Percentage
|
LP011 Long Service
Leave Payment
|
|
EA037 Public
Holiday
|
LP016 Time in Lieu
Payment
|
|
EA001 Normal Hours
HGD
|
WC044 Full
Incapacity
|
|
PL007 Penalty 100
Percentage
|
WC045 Partial
Incapacity
|
|
PL001 Penalty 10
Percentage HGD
|
WC046 Statutory
Incapacity
|
|
PL002 Penalty 12
and half Percentage HGD
|
WC047 Section 38
|
|
PL003 Penalty 15
Percentage HGD
|
WC048 Suitable
Duty Full Hours
|
|
PL006 Penalty
Saturday 50 Percentage HGD
|
WC048 Suitable
Duty Full Hours HGD
|
|
PL008 Penalty
Sunday 75 Percentage HGD
|
WC049 Suitable
Duty Partial Hours
|
|
PL010 Public
Holiday Penalty 50 Percentage HGD
|
WC049 Suitable
Duty Partial Hours HGD
|
|
PL011 Public
Holiday Penalty 100 Percentage
|
|
|
HGD
|
WC050 Statutory
Make Up
|
|
PL012 Public
Holiday Penalty 150 Percentage
|
|
|
HGD
|
WC051 Partial
Incapacity No Time Lost
|
|
PL007 Penalty 100
Percentage HGD
|
WC063 Workers Comp
Public Holiday
|
|
EA140 Crib Break
Penalty
|
WC064 Totally
Unfit Pd 1 Wks 1 to 13 PC
95
|
|
|
WC065 Totally
Unfit Pd 2 Wks 14 to 52
PC 80
|
|
|
WC066 Totally
Unfit Pd 3 Wks 53 to 130
PC 80
|
|
|
WC067 Totally
Unfit Wks 131 to 260 PC 80
|
|
|
WC068 Totally
Unfit greater than 260 Wks PC 80
|
|
|
WC069 Suitable
Duties Pd 1 Wks 1 to 13
PC 95
|
|
|
WC070 Suitable
Duties Pd 2 Wks 14 to 52
GTR 15 PC 95
|
|
|
WC071 Suitable
Duties Pd 2 Wks 14 to 52
LESS 15 PC 80
|
|
|
WC072 Suitable
Duties Pd 3 Wks 53 to 130
GTR 15 PC 95
|
|
|
WC073 Suitable
Duties Pd 3 Wks 53 to 130
LESS 15 PC 80
|
|
|
WC074 Suitable
Duties Wks 131 to 260 PC 80
|
|
|
WC075 Suitable
Duties greater than 260 Wks PC 80
|
|
|
WC076 Surgery
after 143 Wks PC 80
|
|
|
WC077 Partial
Incapacity No Time Lost
|
|
|
LE039 ADO in Hours
Leave
|
|
|
LP052 FACS Leave
Payment
|
|
|
LP055 Crown
Witness Leave Payment
|
|
|
LP056 Jury Duty
Leave Payment
|
|
|
LP612 Parental
Leave Payment
|
|
|
LP611 Parental
Leave Half Pay Payment
|
|
|
LP060 Defence
Leave Payment
|
|
|
LP631 NAIDOC Leave
Payment
|
|
|
LP633 Special
Leave Payment
|
|
|
LP064 TESL Payment
|
|
|
LP068 Union Leave
Payment
|
|
|
LP067 Examination
Leave Payment
|
|
|
LP066 Short Course
Leave Payment
|
|
|
LP063 SES Leave
Payment
|
|
|
OPERATIONAL AMBULANCE MANAGERS
Component of Salary
|
|
Components of 3%
|
Base Salary (Stafflink
Element)
|
|
Penalties (Stafflink
Element)
|
|
|
|
EA001 Normal Hours
|
|
PL010 Public Holiday Penalty 50 Percentage
|
LP004 Sick Leave Payment
|
|
PL011 Public Holiday Penalty 100 Percentage
|
LP006 Annual Leave Entitlement Payment
|
|
PL012 Public Holiday Penalty 150 Percentage
|
LP006 Annual Leave Entitlement Payment
|
|
EA001 Normal Hours HGD
|
LP009 Extra Leave Payment
|
|
PL010 Public Holiday Penalty 50 Percentage HGD
|
LP011 Long Service Leave Payment
|
|
PL011 Public Holiday Penalty 100 Percentage HGD
|
LP016 Time in Lieu Payment
|
|
PL012 Public Holiday Penalty 150 Percentage HGD
|
WC044 Full Incapacity
|
|
AN945N ASN Living Away Sustenance After Tax
|
WC045 Partial Incapacity
|
|
EA001 Normal Hours HGD
|
WC046 Statutory Incapacity
|
|
|
WC047 Section 38
|
|
|
WC048 Suitable Duty Full Hours
|
|
|
WC048 Suitable Duty Full Hours HGD
|
|
|
WC049 Suitable Duty Partial Hours
|
|
|
WC049 Suitable Duty Partial Hours HGD
|
|
|
WC050 Statutory Make Up
|
|
|
WC051 Partial Incapacity No Time Lost
|
|
|
WC063 Workers Comp Public Holiday
|
|
|
WC064 Totally Unfit Pd 1 Wks 1 to 13 PC 95
|
|
|
WC065 Totally Unfit Pd 2 Wks 14 to 52 PC 80
|
|
|
WC066 Totally Unfit Pd 3 Wks 53 to 130 PC 80
|
|
|
WC067 Totally Unfit Wks 131 to
260 PC 80
|
|
|
WC068 Totally Unfit greater than 260 Wks
PC 80
|
|
|
WC069 Suitable Duties Pd 1 Wks 1 to 13 PC 95
|
|
|
WC070 Suitable Duties Pd 2 Wks 14 to 52 GTR 15 PC 95
|
|
|
WC071 Suitable Duties Pd 2 Wks 14 to 52 LESS 15 PC 80
|
|
|
WC072 Suitable Duties Pd 3 Wks 53 to 130 GTR 15 PC 95
|
|
|
WC073 Suitable Duties Pd 3 Wks 53 to 130 LESS 15 PC 80
|
|
|
WC074 Suitable Duties Wks 131 to
260 PC 80
|
|
|
WC075 Suitable Duties greater than 260 Wks
PC 80
|
|
|
WC076 Surgery after 143 Wks PC
80
|
|
|
WC077 Partial Incapacity No Time Lost
|
|
|
LE039 ADO in Hours Leave
|
|
|
LP052 FACS Leave Payment
|
|
|
LP055 Crown Witness Leave Payment
|
|
|
LP056 Jury Duty Leave Payment
|
|
|
LP612 Parental Leave Payment
|
|
|
LP611 Parental Leave Half Pay Payment
|
|
|
LP060 Defence Leave Payment
|
|
|
LP631 NAIDOC Leave Payment
|
|
|
LP633 Special Leave Payment
|
|
|
LP064 TESL Payment
|
|
|
LP068 Union Leave Payment
|
|
|
LP067 Examination Leave Payment
|
|
|
LP066 Short Course Leave Payment
|
|
|
LP063 SES Leave Payment
|
|
|
P. KITE,
Commissioner.
____________________
Printed by the authority of the Industrial Registrar.