HealthShare NSW Patient Transport Officers' Salaries (State) Award

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Health Services Union NSW.

 

(Case No. 2018/75870)

 

 

AWARD

 

PART A

 

1.  Arrangement

 

Clause No.         Subject Matter

 

1          Arrangement

2          Definitions

2.         Definitions

3          Conditions of Employment

4          Classifications

5          Rates of Pay

6          Anti-Discrimination

7          No Extra Claims

8          Area, Incidence and Duration

 

2.  Definitions

 

2.1       Employer means the Secretary of the Ministry of Health exercising employer functions on behalf of the Government of NSW (and includes a delegate of the Secretary).

 

2.2       Patient Transport Officer means an employee of HealthShare NSW who is appointed to an approved Patient Transport Officer position.

 

2.3       Trainee Patient Transport Officer means an employee of HealthShare NSW who is undertaking the necessary and relevant training and work experience as determined by the Service to become a Patient Transport Officer.

 

2.4       Union means the Health Services Union New South Wales.

 

3.  Conditions of Employment

 

3.1       The following awards as varied or replaced from time to time shall apply except in so far as any term of any of those awards are inconsistent with this award:

 

Health Employees Conditions of Employment (State) Award, as varied from time to time, except for:

 

Clause 3 (xii) and (xiii) - the meal break and tea break provisions do not apply; and

 

Clause 14 (i) and (vi) - do not apply, and

 

Health Employees (State) Award as varied from time to time, and,

 

Health Industry Status of Employment (State) Award.

 

In the event of any inconsistency between awards, this award shall apply.

 

4.  Classifications

 

4.2       A Trainee Patient Transport Officer is an employee who is undertaking the necessary and relevant training and work experience as determined by HealthShare NSW to become a Patient Transport Officer and who is appointed to an approved Trainee Patient Transport Officer position.

 

This category of employee will be involved in routine and non-emergency patient transport utilising basic life support skills. Inter alia, this category of employee will receive training and certification in work health and safety, first aid, driver training, patient handling, oxygen administration, equal employment opportunity, anti-discrimination and anti-harassment.

 

4.3       A Patient Transport Officer is an employee who has successfully completed the necessary and relevant training and work experience as determined by the Service to become a Patient Transport Officer and who is appointed to an approved Patient Transport Officer position. Provided that such an employee shall be required to undertake and successfully complete further instruction/in-service courses necessary for Patient Transport Officers as determined by the Service.

 

This category of employee will be involved in routine and non-emergency patient transport utilising basic life support skills. This category of employee will not be utilised to crew ambulances engaged in emergency/casualty response.

 

Provided that such an officer shall be required to undertake and successfully complete further instruction/in service courses and certification examinations as required by HealthShare NSW.

 

5.  Rates of Pay

 

5.1       This Award grants a 2.5% increase in existing rates of pay to employees within its area, incidents, and duration.

 

5.2       Employees shall be paid not less than as set out in Table 1 of Part B, Monetary Rates.

 

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 30 June 2017 by a party to this Award.

 

7.2       Nothing in this award shall prevent the Award of existing claims commencing and operating on or after 1 July 2017.

 

8.  Area, Incidence and Duration

 

8.1       This Award shall apply to employees New South Wales Health Service, employed within HealthShare NSW in the classifications in clause 4, Classifications under Section 115(1) of the Health Services Act 1997, or any successors, assignees or transmittees.

 

8.2       The Award shall take effect from the first full pay period on or after 1 July 2016 and shall remain in force for a period of one year.

 

PART B

 

Table 1 - Rates of Pay

 

 

 

P. KITE, Chief Commissioner.

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.