HealthShare NSW Patient Transport Officers (State) Award

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

FULL ENCH

 

Application by NSW Ministry of Health.

 

(Case No. 113658 of 2016)

 

 

AWARD

 

PART A

 

1.  Arrangement

 

Clause No.       Subject Matter

 

1.         Arrangement

2.         Definitions

3.         Conditions of Employment

4.         Classifications

5.         Meals

6.         Rates of Pay

7.         Anti-Discrimination

8.         No Extra Claims

9.         Area, Incidence and Duration

 

PART B

 

Table 1 - Rates of Pay

Table 2 - Other Rates and Allowances

 

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 employer 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; 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 Industry Status of Employment (State) Award.

 

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

 

4.  Classifications

 

4.1      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. Among other things, 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.

 

4.2      A Patient Transport Officer is an employee who has successfully completed the necessary and relevant training and work experience as determined by the employer 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 employer.

 

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.  Meals

 

5.1      Employees working shifts of less than 12 hours duration shall have one paid 30 minute crib break to be taken between the fourth and seventh hour unless otherwise agreed between the parties.

 

5.2      Employees working 12 hour shifts will be entitled to two paid 30 minute crib breaks to be taken between the fourth and seventh hour and the eighth and eleventh hour unless otherwise agreed between the parties.

 

5.3      Employees who, due to operational requirements, are unable to take their paid crib break within the prescribed times, or whose crib break is not completed, shall receive an additional payment of one hour at ordinary time.

 

5.4      An employee who is directed to take their crib break away from her or his starting location for that shift, will be paid a crib away allowance as follows:

 

(a)       Where an employee is entitled to one crib break per shift the payment for any crib directed to be taken away from the employee’s starting location for that shift will be paid at the rate prescribed in Item 1 of Table 2 - Part B - Other Rates and Allowances for each occasion that the employee is so directed.

 

(b)       Where an employee is entitled to two crib breaks per shift the payment for any crib directed to be taken away from the employee’s starting location for that shift will be the paid at the rate prescribed in Item 2 of Table 2 - Part B Other Rates and Allowances for each occasion that the employee is so directed.

 

6.  Rates of Pay

 

6.1      This Award provides for a 2.5% increase in existing rate of pay, compounding annually, to employees within its area, incidence, and duration for the financial years 2017/18 2018/19, and 2019/20.

 

6.2      Employees’ weekly ordinary full-time earnings shall not be less than as set out in Table 1 of Part B, Monetary Rates.

 

7.  Anti-Discrimination

 

7.1      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.

 

7.2      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.

 

7.3      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.

 

7.4      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.

 

7.5      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’.

 

8.  No Extra Claims

 

8.1      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 2020 By a Party to This Award.

 

9.  Area, Incidence and Duration

 

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

 

9.2      The Award shall take effect from 1 July 2017 and shall remain in force until 30 June 2020 and rescinds and replaces the HealthShare NSW Patient Transport Officers' Salaries (State) Award published 22 June 2018 (383 I.G. 182).

 

PART B

 

Table 1 - Rates of Pay

 

PART B

 

Table 1 - Rates of Pay

 

Classification	Rate effective first	Rate effective first	Rate effective first	Rate effective first
	full pay period on	full pay period on	full pay period on	full pay period on
	or after 1/07/2016	or after1/07/2017	or after 1/07/2018	or after 1/07/2019
	$	$	$	$
Trainee Patient	969.00	993.23	1018.06	1043.51
Transport Officer
Patient Transport	1012.20	1037.51	1063.44	1090.03
Officer

 

Table 2 - Other Rates and Allowances

 

Item	Clause	Description	Rate effective first	Rate effective	Rate effective
No.	No.		full pay period on	first full pay period	first full pay period
			or after1/7/17	on or after 1/7/18	on or after 1/7/19
			$	$	$
1	5.4(a)	Crib Away Allowance	22	22.55	23.11
		(single crib)
2	5.4(b)	Crib Away Allowance	11	11.28	11.56
		(two cribs)

 

 

 

P. M. KITE, Chief Commissioner

J.D. STANTON, Commissioner

J. V. MURPHY, Commissioner

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.