Public Hospital Professional Engineers' (Bio-Medical
Engineers) (State) Award 2018
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by NSW Ministry of Health.
(Case No. 203482 of 2019)
Before Chief Commissioner Kite
|
4 July 2019
|
AWARD
PART A
Arrangement
Clause No. Subject Matter
1. Definitions
2. Grading
Committee
3. Salaries
4. On Call
5. Exemptions
6. Anti-Discrimination
7. Conditions
of Service
8. Labour
Flexibility
9. Dispute
Resolution
10. No Extra
Claims
11. Area,
Incidence and Duration
PART B
Table 1 - On-Call Rates
PART A
1. Definitions
(i) "Biomedical
Engineer" means a person appointed as such having qualifications
acceptable to the Institution of Biomedical Engineers as an Associate, or such
other qualifications deemed by the employer to be appropriate.
(ii) "Director/Deputy
Director" means an officer appointed as Head of a Department or as
Second-in-Charge of a Department provided that such position is approved by the
employer and such officer having qualifications acceptable to the Institution
of Biomedical Engineers to be a member of such institution, or such other
qualifications deemed appropriate by the employer.
(iii) "Employer"
means the Secretary of the Ministry of Health exercising employer functions on
behalf of the Government of New South Wales.
(iv) "Hospital"
means a public hospital as defined under section 15 of the Health Services Act 1997.
(v) "Service"
means service before and/or after commencement of this Award as a biomedical
engineer in any one or more hospitals in New South Wales or any other hospital
deemed acceptable by the employer.
(vi) "Union"
means the Health Services Union NSW.
2. Grading Committee
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 upon application by the Union or a
hospital:
(i) the
grading of any new position or any variation of grading of a position as a result of any substantial change in duties and/or
responsibilities; and
(ii) the date of the
effect of the grading recommended:
Provided that:
(i) an
officer shall, whilst the grading of his/her position is under consideration,
be ineligible to be a member of the Committee;
(ii) the committee
shall not, without sufficient reason, recommend the
retrospective operation of any grading or remuneration; and
(iii) where a
retrospective date of effect is recommended, such date shall not be earlier
than a date six months prior to the date on which the matter was referred to
the Committee.
3. Salaries
Full time Biomedical Engineer employees shall be paid the
salaries as set out in the Health Professional and Medical Salaries (State)
Award 2018, as varied or replaced from time to time.
Full time Biomedical Engineer employees shall be paid the
allowances as set out in Table 1 of Part B - Monetary Rates of this Award.
4. On Call
(i) An
"on-call period" is a period during which an officer is required, by
the hospital where he or she is employed, to be on call.
(ii) For the
purposes of calculation of payment of on-call allowance and for call-back duty,
an on-call period shall not exceed 24 hours.
(iii) An officer
shall be paid for each on-call period, an allowance which shall be at the
option of the employer, either per on-call period or per week.
(iv) The on-call
rates are set out in Table 1 - On Call Rates, of this Award.
5. Exemptions
This Award shall not apply to members, novices or aspirants
of religious orders in the hospitals the names of which are or shall hereafter
be included in the Third Schedule to the Health
Services Act 1997, of New South Wales.
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. Conditions of
Service
The Public Hospitals (Professional and Associated Staff)
Conditions of Employment (State) Award 2018, as varied or replaced from time to
time, shall apply to all persons covered by this Award.
In addition, the Health Industry Status of Employment
(State) Award 2018, as varied or replaced from time to time, shall also apply
to all relevant employees.
8. Labour Flexibility
(i) An
employer may direct an employee to carry out such duties as are reasonable, and
within the limits of the employee's skill, competence and training consistent
with employee's classification, grouping and/or career stream provided that
such duties are not designed to promote deskilling.
(ii) An employer may
direct an employee to carry out such duties and use such tools and equipment as
may be required provided that the employee has been properly trained or has
otherwise acquired the necessary skills in the use of such tools and equipment.
(iii) Any direction
issued by an employer pursuant to subclause (i) and
(ii) shall be consistent with the employer's responsibilities to provide a safe
and healthy work environment.
(iv) Existing
provisions with respect to the payment of mixed functions/higher duties
allowances shall apply in such circumstances.
9. Dispute Resolution
The dispute resolution procedures contained in the Public
Hospitals (Professional and Associated Staff) Conditions of Employment (State)
Award 2018, as varied or replaced from time to time, shall apply.
10. 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 2020 by a party to this
Award.
11. Area, Incidence
and Duration
(i) This
Award takes effect from 1 July 2019 and shall remain in force for a period of
one year. The allowances in the second column in Table 1 of Part B - Monetary
Rates will apply from the first full pay period on or after (ffppoa) 1 July 2019.
(ii) This Award
rescinds and replaces the Public Hospital Professional Engineers’ (Biomedical
Engineers) (State) Award 2018 as published 5 July 2019 (384 IG 712) 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 s.115(1) of the Health Services Act 1997, or their successors, assignees or transmittees.
PART B
Table 1 - On-call Rates
Item
No.
|
Clause
No.
|
Allowance
Description
|
Rate from 01/07/2019
|
Rate
from ffppoa 01/07/2019
|
|
|
|
|
|
|
|
|
$
|
$
|
1
|
4
|
On-Call Allowance (per annum)
|
8.86
|
9.08
|
1
|
4
|
Per on-call period (per week)
|
44.27
|
45.38
|
P. M. KITE, Chief Commissioner
____________________
Printed by
the authority of the Industrial Registrar.