Public Hospital (Training Wage) (State) Award 2021
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by NSW Ministry of Health.
(Case No. 186617 of 2021)
Before Chief Commissioner Constant
|
30 July 2021
|
AWARD
PART A
Arrangement
Clause No. Subject Matter
1. Title
2. Definitions
3. Application
4. Objective
5. Training
Conditions
6. Employment
Conditions
7. Wages
8. Grievance
and Dispute Procedures
9. No Extra
Claims
10. Area,
Incidence & Duration
PART B
Table 1 Monetary
Rates - Industry/Skill Level A
Table 2 Monetary
Rates - Industry/Skill Level B
Table 3 Monetary
Rates - School based Trainees
APPENDIX A - INDUSTRY/SKILLS LEVELS
Part A
1. Title
This Award shall be known as the Public Hospital (Training
Wage) (State) Award 2021.
2. Definitions
"Ambulance Service" means the Ambulance Service of
NSW as referred to in section 67A of the Health Services Act 1997, as
amended or varied from time to time.
"Appropriate State Legislation" means the Apprentice
and Traineeship Act 2001 (NSW) or any successor legislation, as amended or
varied from time to time.
"Approved Training" means training undertaken
(both on or off the job) in a Traineeship and shall involve formal instruction,
both theoretical and practical, and supervised practice in accordance with a
Traineeship Scheme approved by the relevant Training Services NSW. The training
will be accredited and lead to qualifications as set out in clause 6, Training
Conditions.
"Commission" means the Industrial Relations
Commission of New South Wales.
"Health Service" means a Public Health
Organisation or the Ambulance Service.
"Industrial Instrument" means an Award of the New
South Wales Industrial Relations Commission, Determination made pursuant to
section 116A of the Health Services Act 1997 or an Agreement made
pursuant to section 116A of the Health Services Act 1997, as amended or
varied from time to time.
"Ministry" means the Ministry of Health.
"Parties to a Traineeship Scheme" means the
employer organisation and/or the employer and the relevant union involved in
the consultation and negotiation required for the approval of a Traineeship
Scheme.
"Public Health Organisation" means an organisation
as defined in section 7 of the Health Services Act 1997, as amended or varied from time to time.
"Relevant Award" means an Award/agreement that
applies to a Trainee, or that would have applied but for the operation of this
Award.
"Relevant Union" means a union party to a relevant
Award/agreement and which is entitled to enrol the Trainee as a member.
"Trainee" means an employee who is bound by a
Traineeship Agreement made in accordance with this Award and employed in terms
of the public hospital Award.
"Traineeship" means a system of training which has
been approved by the relevant Training Services NSW and which is being
undertaken in a Health Service, either as an employee of that Health Service,
or as an employee of another organisation which has allocated the trainee to
the Health Service for the period of the traineeship.
"Traineeship Agreement" means an agreement made
subject to the terms of this Award between an employer and the Trainee for a
Traineeship and which is registered with the relevant Training Services NSW or
under the provisions of the appropriate state legislation. A Traineeship
Agreement shall be made in accordance with the relevant approved Traineeship
Scheme and shall not operate unless this condition is met.
"Traineeship Scheme" means an approved Traineeship
applicable to a group or class of employees or to an industry or sector of an
industry or enterprise. A Traineeship Scheme shall not be given approval unless
consultation and negotiation with the relevant union(s) regarding the terms of
the proposed Traineeship Scheme has occurred. An application for approval of a
Traineeship Scheme shall identify the relevant union(s) and demonstrate to the
satisfaction of the relevant Training Services NSW that the abovementioned
consultation and negotiation has occurred. A Traineeship Scheme shall include a
standard format which may be used for a Traineeship Agreement.
3. Application
(a) Subject to
subclause (c) of this clause this Award shall apply to persons who are
undertaking a Traineeship and is to be read in conjunction with any Award of
the Industrial Relations Commission of New South Wales or other industrial
instrument which covers the terms and conditions of employment of persons
performing work in the classifications covered.
(b) The terms and
conditions of any such legally registered Award of the Industrial Relations
Commission of New South Wales or other industrial instrument shall apply except
where inconsistent with this Award.
(c) Notwithstanding
the foregoing, this Award shall not apply to employees who were employed under
any legally registered Award of the Industrial Relations Commission of New
South Wales or other industrial instrument prior to the date of approval of a
traineeship scheme relevant to the Ministry, except where agreed between the
Ministry and the relevant union(s).
(d) This Award does
not apply to Apprentices.
4. Objective
The objective of this Award is to assist with the
establishment of a system of traineeships which provides approved training in
conjunction with employment in order to enhance the skill levels and future
employment prospects of trainees, particularly young people and the long term
unemployed. The system is neither designed nor intended for those who are
already trained and job ready. It is not intended that existing employees shall
be displaced from employment by trainees. Except as provided for in clause 6,
Training Conditions nothing in this Award shall be taken to replace the
prescription of training requirements in any relevant Award or other industrial
instrument.
5. Training Conditions
(a) The Trainee
shall attend an approved training course or training program prescribed in the
Traineeship Agreement or as notified to the trainee by the relevant Training
Services NSW in an accredited and relevant Traineeship Scheme.
(b) A Traineeship
shall not commence until the relevant Traineeship Agreement, made in accordance
with a Traineeship Scheme, has been signed by the employer and the trainee and
lodged for registration with the relevant Training Services NSW, provided that
if the Traineeship Agreement is not in a standard format a Traineeship shall
not commence until the Traineeship Agreement has been registered with the
relevant Training Services NSW.
The employer shall ensure that the Trainee is permitted
to attend the training course or program provided for in the Traineeship
Agreement and shall ensure that the Trainee receives the appropriate on-the-job
training.
(c) The employer
shall provide a level of supervision in accordance with the Traineeship
Agreement during the traineeship period.
(d) The employer
agrees that the overall training program will be monitored by officers of the
relevant Training Services NSW and training records or workbooks may be
utilised as part of this monitoring process.
(e) Training shall
be directed at:
(i) the
achievement of key competencies required for successful participation in the
workplace where these have not previously been achieved (e.g. literacy,
numeracy, problem solving, team work, using technology) and as are proposed to
be included in the Australia Quality Framework, Certificates at Level 1, or
future qualifications at Level 1, as determined from time to time by the
Australian National Training Authority and/or the New South Wales Department of
Education.
This could be achieved through foundation competencies
which are part of endorsed competencies for an industry or enterprise.
(ii) The achievement
of competencies required for successful participation in an industry or
enterprise (where there are endorsed national standards these will define these
competencies), as are proposed to be included in the Australia Quality
Framework, Certificates at Level 2, or future qualifications at Level 2, as
determined from time to time by the Australian National Training Authority
and/or the New South Wales Department of Education.
6. Employment
Conditions
(a) Full-Time
Traineeships
(i) A
Trainee shall be engaged as a full-time employee for a maximum of one year's
duration provided that a Trainee shall be subject to a satisfactory probation
period of up to one month, which may be reduced at the discretion of the
employer. By agreement in writing, and with the consent of the relevant
Training Services NSW, the employer and the Trainee may vary the duration of
the Traineeship and the extent of approved training, provided that any
agreement to vary is in accordance with the relevant Traineeship Scheme.
(ii) The Trainee
will be permitted to be absent from work without loss of continuity of
employment and/or wages to attend the training in accordance with the
Traineeship Agreement.
(iii) Where the
employment of a Trainee by an employer is continued after the completion of the
traineeship period, such traineeship period shall be counted as service for the
purposes of any relevant industrial instrument or any other legislative
entitlements.
(iv)
(a) The Traineeship
Agreement may restrict the circumstances under which the trainee may work
overtime and shift work in order to ensure that the
training program is successfully completed.
(b) No Trainee
shall work overtime or shift work on their own unless consistent with the
provisions of the relevant Award or other industrial instrument.
(c) No Trainee
shall work shift work unless the parties to a Traineeship Scheme agree that
such shift work makes satisfactory provision for approved training. Such
training may be applied over a cycle in excess of a
week but, must average over the relevant period no less than the amount of
training required for non-shift work Trainees.
(d) The Trainee
salary shall be the basis for the calculation of overtime and/or shift penalty
rates prescribed by the relevant industrial instrument, unless otherwise agreed
by the parties to a Traineeship Scheme, or unless the relevant Award makes
specific provision for a Trainee to be paid at a higher rate, in which case the
higher rate shall apply.
(v) All other terms
and conditions of the relevant industrial instruments that are applicable to
the Trainee or would be applicable to the Trainee but for this Award shall
apply unless specifically varied by this Award.
(vi) All conditions
of employment applying to temporary employees under the relevant Health Service
Award, other than those specified in this Award, shall apply to Trainees.
(vii) A Trainee who
fails to complete the Traineeship or who is not offered employment upon the
completion of the Traineeship shall not be entitled to any severance payments.
(b) Full-Time
School-Based Traineeships
(i) School-Based
Trainees shall not be required to attend work during the interval starting four
weeks prior to the commencement of the final Higher School Certificate
examination period and ending upon the completion of the individual’s last
examination period.
(ii) For the
purposes of this Award, a School-Based Trainee shall become an ordinary Trainee
as at January 1 of the year following in which they cease to be a school
student.
(iii) School-based
trainees are to be paid an amount as detailed in Table 3, School-Based
Trainees, of Part B, Monetary Rates.
(iv) School-Based
Traineeships are part-time and subject to additional conditions.
(v) A
"school-based Trainee" may be defined as being a student enrolled in
the Higher School Certificate, or equivalent qualification, who is undertaking
a traineeship which forms a recognised component of their HSC curriculum, and
is endorsed by the relevant Training Services NSW and the NSW Education
Standards Authority as such.
(c) Part-Time
Traineeships
(i) A
Trainee shall be engaged as an employee on a part-time basis by working less
than full-time ordinary hours.
(ii) The salary rate
shall be pro rata the full-time rates based on variation in the amount of
training and/or the amount of work over the period of the traineeship, which
may also be varied on the basis of the following formula.
Full-time
salary rate (Trainee hours - Average weekly training time)
|
30.4
|
Note: 30.4 in the above formula represents 38 ordinary
full-time hours less the average training time for full-time trainees (i.e.
20%).
(iii) "Full-time
salary rate" means the appropriate rate as set out in Part B, Monetary
Rates.
(iv) "Trainee
hours" shall be the hours worked per week including the time spent in
approved vocational training. For the purpose of this
definition, the time spent in approved vocational training may be taken as an
average for that particular year of the Traineeship.
(v) "Average
weekly training time" is based upon the length of the Traineeship
specified in the Traineeship Agreement or the Training Contract as follows:
7.6
x 12
|
Length
of the Traineeship in months
|
Note 1: 7.6 in the above formula represents the average
weekly training time for a full-time Trainee whose ordinary hours are 38 per
week.
Note 2: The parties note that the Traineeship Agreement
will require a Trainee to be employed for sufficient hours to complete all
requirements of the Traineeship, including the on the job work experience and
demonstration of competencies. The parties also note that this would normally
result in the equivalent of a full days on the job work per week.
(vi) A part-time
Trainee shall receive, on a pro rata basis, all employment conditions
applicable to a full-time Trainee. All the provisions of this Award shall apply
to part-time Trainees except as specified in this clause.
(vii) A part-time
Trainee may, by agreement, transfer from a part-time to a full-time Traineeship
position should one become available.
(viii) The minimum
engagement periods specified in the relevant Award shall also be applicable to
part-time Trainees.
(ix) Minimum and
maximum hours of work for part-time employees specified in the Relevant Award
shall apply to part-time Trainees also. Example of the Calculation for the
Salary Rate for a Part-Time Traineeship
Example of the calculation
for the salary rate for a part-time traineeship
|
|
A school student commences a
Traineeship in Year 11. The ordinary hours of work in the Relevant Award are
38. The Training Contract specifies two years (24 months) as the length of the
Traineeship.
|
|
"Average weekly training
time" is therefore 7.6 x 12/24 - 3.8 hours.
|
|
"Trainee hours"
totals 15 hours; these are made up of 11 hours’ work which is worked over 2 days
of the week plus 1-1/2 hours on the job training plus 2-1/2 hours off the job
approved training at school and at TAFE.
|
|
So the wage rate in Year 11 is:
|
|
$304.40
|
x
|
15
- 3.8
|
=
|
$112.15
|
plus
any applicable penalty rates under the relevant Award.
|
|
|
30.4
|
|
|
|
|
The salary rate varies when the student completes Year 11
and passes the anniversary date of 1 January the following year to begin Year
12 and/or if "Trainee hours" changes.
|
(d) Other
Conditions
For any other conditions of employment see Health
Employees Conditions of Employment (State) Award 2018; Public Hospital
(Professional and Associated Staff) Conditions of Employment (State) Award
2018; and/or Operational Ambulance Officers (State) Award 2018, as varied or
replaced from time to time.
7. Salaries
(a)
(i) The
weekly salary payable to Trainees are as provided in Table 1 - Industry/Skill
Level A and Table 2 - Industry/Skill Level B, of Part B, Monetary Rates.
(ii) These salary
rates will only apply to Trainees while they are undertaking an approved
Traineeship which includes approved training as defined in this Award.
(iii) The salary
rates prescribed by this clause do not apply to complete trade level training
which is covered by the Apprenticeship system.
(b) The weekly
salary in this Award recognise the Fair Work Commission’s Annual Wage Review
Decisions and are paid in settlement of any claim for increases that arise
should these National Wage Decisions be adopted for the purposes of this Award
under the Industrial Relations Act 1996.
(c) Appendix A -
Industry/Skill Levels sets out the industry/skill level of an approved
Traineeship. The industry/skill levels contained in Appendix A are prima facie
the appropriate levels but are not determinative of the actual skill levels
(i.e. Skill Level A, B, or C) that may be contained in a Traineeship Scheme.
The determination of the appropriate skill level for
the purpose of determining the appropriate salary rate shall be made by the relevant
Training Services NSW based on the following criteria:
(i) Any
agreement of the parties
(ii) The nature of
the industry
(iii) The total
training plan
(iv) Recognition that
training can be undertaken in stages
(v) The exit skill
level in the relevant Award contemplated by the Traineeship.
In the event that the parties
disagree with such determination it shall be open to any party to the Award to
seek to have the matters in dispute determined by the Commission.
(d) For the
purposes of this provision, "out of school" shall refer only to
periods out of school beyond Year 10, and shall be deemed to:
(i) include
any period of schooling beyond Year 10 which was not part of nor contributed to
a completed year of schooling;
(ii) include any period
during which a Trainee repeats in whole or part a year of schooling beyond Year
10; and
(iii) not include any
period during a calendar year in which a year of schooling is completed.
(e) At the
conclusion of the Traineeship, this Award ceases to apply to the employment of
the Trainee and the relevant industrial instrument shall apply to the former
trainee.
8. Grievance and
Dispute Procedures
(a) Where any
grievance, question, dispute, or difficulty arises it shall be dealt with as
close to its source as possible. Where a matter is not resolved, further
attempts to resolve the matter must be made at progressively higher levels of
authority.
(b) Reasonable time
limits will be allowed at each level for any necessary discussion, investigation and consideration of the matter. Whilst these
procedures are continuing the status quo shall remain and no stoppage of work
or any other form of ban or limitation of work shall be applied.
(c) A grievance of
an individual employee should firstly be put to their supervisor. At the
conclusion of discussions between the employee and the employer, the employer
must provide a response to the employee's grievance, and, in the event the
matter is not resolved, reasons for not implementing any proposed remedy.
(d) An employee or
employees may be represented by the Union or other appropriate person, and the
employer by an industrial organisation, at any stage of these procedures.
(e) In the event
that the matter remains unresolved, the matter may be referred to the Industrial
Relations Commission of New South Wales.
(f) If the
question, dispute or difficulty relates to training,
the matter may be dealt with under the Apprenticeship and Traineeship Act
2001 (NSW) as amended from time to time.
9. 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 2022 by a party to this Award.
10. Area, Incidence
and Duration
(a) This Award
shall apply to all classes of trainees in Appendix A - Industry/Skill Levels.
(b) This Award
shall rescind and replace the Public Hospital Training Wage (State) Award 2019
published 24 April 2020 (387 I.G. 853) and all variations thereof.
(c) This Award
takes effect from 1 July 2021 and shall remain in force for a period of one
year. The rates in the second column in the tables of Part B - Monetary Rates
will apply from the first full pay period on or after (ffppoa)
1 July 2021.
PART B - monetary rates
Table 1 - Industry/Skill Level A:
Where the accredited training course and work performed are
for the purpose of generating skills which have been defined for work at
industry/skill Level A.
Classification
|
Rate
to apply prior to
|
Rate
from ffppoa
|
|
ffppoa 01/07/2021
|
01/07/2021
|
|
$
per week
|
$
per week
|
Trainee - Skill/Industry Level A
|
Completed Year 10
|
School Leaver (50%)
|
255.74
|
260.96
|
School Leaver (33%)
|
301.16
|
307.30
|
Plus 1 year out of school
|
362.07
|
369.46
|
Plus 2 years out of school
|
436.26
|
445.16
|
Plus 3 years out of school
|
507.08
|
517.42
|
Plus 4 years out of school
|
588.96
|
600.97
|
Plus 5 years or more
|
674.20
|
687.95
|
Completed Year 11
|
School Leaver (33%)
|
322.24
|
328.81
|
School Leaver (25%)
|
362.07
|
369.46
|
Plus 1 year out of school
|
436.26
|
445.16
|
Plus 2 years out of school
|
507.08
|
517.42
|
Plus 3 years out of school
|
588.96
|
600.97
|
Plus 4 years out of school
|
674.20
|
687.95
|
Plus 5 years or more
|
674.20
|
687.95
|
Completed Year 12
|
School Leaver (33%)
|
436.26
|
445.16
|
Plus 1 year out of school
|
507.08
|
517.42
|
Plus 2 years out of school
|
588.96
|
600.97
|
Plus 3 years out of school
|
674.20
|
687.95
|
Plus 4 years out of school
|
674.20
|
687.95
|
Plus 5 years or more
|
674.20
|
687.95
|
The figures in brackets indicate the average proportion of
time spent in Structured Training to which the associated salary rate is
applicable. Where not specifically indicated the average portion of time spent
in structured training which has been taken into account
in setting the rate is 20 per cent.
Table 2 - Industry/Skill Level B:
Where the accredited training course and work performed are
for the purpose of generating skills which have been defined for work at
industry/skill Level B.
Classification
|
Rate to
apply prior to
|
Rate from ffppoa
|
|
ffppoa 01/07/2021
|
01/07/2021
|
|
$ per week
|
$ per week
|
Trainee - Skill/Industry Level B
|
Completed Year 10
|
School Leaver (50%)
|
255.74
|
260.96
|
School Leaver (33%)
|
301.16
|
307.30
|
Plus 1 year out of school
|
362.07
|
369.46
|
Plus 2 years out of school
|
420.66
|
429.24
|
Plus 3 years out of school
|
484.95
|
494.84
|
Plus 4 years out of school
|
570.21
|
581.84
|
Plus 5 years or more
|
648.82
|
662.06
|
Completed Year 11
|
School Leaver (33%)
|
322.24
|
328.81
|
School Leaver (25%)
|
362.07
|
369.46
|
Plus 1 year out of school
|
420.66
|
429.24
|
Plus 2 years out of school
|
484.95
|
494.84
|
Plus 3 years out of school
|
570.21
|
581.84
|
Plus 4 years out of school
|
648.82
|
662.06
|
Plus 5 years or more
|
648.82
|
662.06
|
Completed Year 12
|
School Leaver (33%)
|
420.66
|
429.24
|
Plus 1 year out of school
|
484.95
|
494.84
|
Plus 2 years out of school
|
570.21
|
581.84
|
Plus 3 years out of school
|
648.82
|
662.06
|
Plus 4 years out of school
|
648.82
|
662.06
|
Plus 5 years or more
|
648.82
|
662.06
|
The figures in brackets indicate the average proportion of
time spent in Structured Training to which the associated salary rate is
applicable. Where not specifically indicated the average portion of time spent
in structured training which has been taken into account
in setting the rate is 20 per cent.
Table 3 - School Based Trainees
Classification
|
Rate to apply prior
to
|
Rate from ffppoa
|
|
ffppoa
01/07/2021
|
01/07/2021
|
|
$ per week
|
$ per week
|
Trainee- School Based
|
Year 11
|
328.79
|
335.50
|
Year 12
|
362.07
|
369.46
|
APPENDIX A
(i) Any
Traineeship or Traineeships for a declared calling as defined by the Apprenticeship
and Traineeship Act 2001 (NSW) as amended from time to time.
(ii) Industry/Skill
Level A
Certificate III in Aboriginal and/or Torres Strait
Islander Primary Health Care
Certificate III in Allied Health Assistance
Certificate III in Basic Health Care
Certificate III in Non-Emergency Patient Transport
Certificate III in Ambulance Communications
(Call-Taking)
Certificate III in Dental Assisting
Certificate III in Health Services Assistance
Certificate III in Pathology Collection
Certificate III in Pathology Assistance
Certificate III in Dental Laboratory Assisting
Certificate III in Hospital/Health Services Pharmacy
Support
Certificate III in Sterilisation Services
Certificate III in Health Support Services
Certificate III in Health Administration
Certificate III in Population Health
Certificate III in Indigenous Environmental Health
Certificate IV in Aboriginal and/or Torres Strait
Islander Primary Health Care (Practice)
Certificate IV in Aboriginal and/or Torres Strait
Islander Primary Health Care
Certificate IV in Allied Health Assistance
Certificate IV in Ambulance Communications (Dispatch)
Certificate IV in Audiometry
Certificate IV in Dental Assisting
Certificate IV in Operating Theatre Technical Support
Certificate IV in Cardiac Technology
Certificate IV in Hospital/Health Services Pharmacy
Support
Certificate IV in Sterilisation Services
Certificate IV in Health Administration
Certificate IV in Health Supervision
Certificate IV in Population Health
Certificate IV in Indigenous Environmental Health
(iii) Industry/Skill
Level B
Certificate II in Aboriginal and/or Torres Strait
Islander Primary Health Care
Certificate II in Emergency Medical Services First
response
Certificate II in Health Support Services
Certificate II in Population Health
Certificate II in Indigenous Environmental Health
N. CONSTANT, Chief Commissioner
____________________
Printed by
the authority of the Industrial Registrar.