Health Managers (State) Award 2019

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by NSW Ministry of Health.

 

(Case No. 186142 of 2021)

 

AWARD

 

PART A

 

Arrangement

 

Clause No.        Subject Matter

 

7         Anti-Discrimination

9         Area, Incidence and Duration

3         Classification Levels

5         Conditions of Service

1         Definitions

6         Dispute Resolution

8         No Extra Claims

4         Removal Expenses

2         Salary Bands

 

PART B - MONETARY RATES

 

Table 1 - Salaries

Table 2 - Classification Levels

 

PART A

 

1.  Definitions

 

For the purpose of this Award -

 

"Employee" means a person performing duties as set out in the six-level classification structure in Table 2 - Classification Levels, of Part B, Monetary Rates.

 

"Employer" means the Secretary of the Ministry of Health exercising employer functions on behalf of the Government of New South Wales.

 

"Health Service" means a Local Health District constituted under section 17 of the Health Services Act 1997, a Statutory Health Corporation constituted under section 41 of that Act, and an Affiliated Health Organisation recognised under section 62 of that Act and the Public Health System Support Division of the NSW Health Service, as amended or varied from time to time.

 

"Hospital" means a public hospital as defined in section 15 of the Health Services Act 1997, as amended or varied from time to time.

 

"Service" means service as an employee with the employer both before or after the commencement of this Award.

 

"Union" means the Health Services Union NSW.

 

"Weekly rates" will be ascertained by dividing an annual amount by 52.17857 or vice versa to obtain an annual rate from a weekly rate.

 

2.  Salary Bands

 

(i)       Full-time Health Manager employees shall be paid the salaries as set out in Table 1 of Part B - Monetary Rates of this Award.

 

(ii)      Persons who commence employment in accordance with one of the Work Level Statements will be allocated to the level described by the Work Level Statement and paid an initial salary equal to the minimum of the salary band for the relevant level, provided that a higher initial salary may be offered to an individual employee on merit.

 

(iii)     If a global salary movement to classifications covered by this Award causes an employee to exceed the upper limit of a salary band, the excess above such upper limits will be paid as a personal allowance.

 

3.  Classification Levels

 

Employees shall be graded and perform the duties within a classification level as set out in Table 2 - Classification Levels, of Part B, Monetary Rates, and paid within the appropriate salary band as set out in Table 1 - Salaries, of the said Part B.

 

4.  Removal Expenses

 

This Clause only applies to persons (other than casuals) employed under the Health Managers (State) Award 2019, as varied or replaced from time to time. Any person employed under the Health Managers (State) Award 2019, as varied or replaced from time to time, shall be entitled to a refund of the actual cost incurred by him/her in the transportation of himself/herself and his/her family and of the expenses reasonably incurred by him/her in conveying his/her furniture and effects from his/her last place of residence to the city or town in which is situated the Public Health Organisation to which he/she is appointed on the following conditions:

 

(i)       He/she shall, immediately prior to taking up the new appointment, have had 12 months' continuous service in another Public Health Organisation situated other than in the town or city in which is situated the Public Health Organisation to which he/she has been appointed.

 

(ii)      He/she shall not have received from any Public Health Organisation a refund under this clause within a period of two years prior to his/her taking up his/her appointment.

 

(iii)     He/she shall give an undertaking that he/she will refund to the Public Health Organisation any payments made to him/her by it under this clause should he/she leave its employment within 12 months of his/her becoming employed by it.

 

5.  Conditions of Service

 

The Health Employees Conditions of Employment (State) Award 2019, 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 2019, as varied or replaced from time to time, shall also apply to relevant employees.

 

6.  Dispute Resolution

 

The dispute resolution procedures contained in the said Health Employees Conditions of Employment (State) Award 2019, as varied or replaced from time to time, shall apply.

 

7.  Anti-Discrimination

 

(i)       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.

 

(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."

 

8.  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.

 

9.  Area, Incidence and Duration

 

(i)       This Award takes effect from 1 July 2021 and shall remain in force for a period of one year. The rates in the third and fourth columns in Table 1 of Part B - Monetary Rates will apply from the first full pay period on or after (ffppoa) 1 July 2021.

 

(ii)      This Award rescinds and replaces the Health Managers (State) Award 2019 as published on 24 January 2020 (386 I.G. 174) 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 section 115(1) of the Health Services Act 1997, or their successors, assignees or transmittees, excluding the County of Yancowinna.

 

PART B - MONETARY RATES

 

Table 1 - Salaries

 

Classification	Rate to apply prior to ffppoa	Rate from ffppoa	Rate to apply prior to ffppoa	Rate from ffppoa
	01/07/2021	01/07/2021	01/07/2021	01/07/2021
	Minimum	Minimum	Maximum	Maximum
	$ per annum	$ per annum	$ per annum	$ per annum
Level 1	74,629.22	76,152	100,390.27	102,438
Level 2	98,105.44	100,107	116,361.04	118,735
Level 3	114,076.21	116,403	130,046.97	132,700
Level 4	127,766.15	130,373	152,864.22	155,983
Level 5	150,581.39	153,653	168,838.00	172,282
Level 6	165,261.30	168,633	180,803.79	184,492

 

Table 2 - Classification Levels

 

Level	Title	Description of Work	Skills and Attributes
One	Health Manager	•  Responsible for managing hospitals	Management:
		and other facilities that provide basic
		routine and emergency	•  Understanding and commitment to the
		health care for customers which may	Health Systems priorities;
		include multiple sites and services; or
			•  Capacity to direct all operational facets
		•  Responsible for providing	based on strategic and business plans;
		support services for the management of
		hospitals and other larger facilities	•  Ability to ensure budget targets are
		which may include multiple services and	met.
		sites; or
			•  Capacity to undertake performance
		•  Responsible for providing	appraisal of staff and ability to develop
		support for the management of human	performance
		resources and/or financial and/or	measures.
		administrative and/or hotel and/or clinical
		services for hospitals which provide a	•  Effective communication and
		wide range of specialised services for	interpersonal skills.
		customers and/or Health Services.
			Support:
		Staff at this level are accountable for
		ensuring funds are expended according	•  Assist with the development and
		to approved budgets and for ensuring	implementation of policies, procedures,
		targets are met.	standards and practices.
		Staff are responsible to provide regular	•  Able to meet pre-determined targets
		feedback and appraisal regarding the	and deadlines.
		performance of staff.
			•  Ability to be flexible and adapt work
		Staff are responsible for maintaining	practices to suit circumstances.
		effective relationships with Health
		Service to ensure Health System's
		priorities are met.
		Staff at this level assist with the
		development and implementation of
		policies, procedures, standards and
		practices for the hospital or Health
		Service.
		Staff are responsible and accountable for
		providing a professional level of services
		to the Hospital(s) or Health Service or
		oversee the management of aspects of
		services and the staff.

 

Level	Title	Description of Work	Skills and Attributes
Two	Health Manager	Jobs at this level have greater	The skills and attributes at this level are
		responsibilities than those at Level One	greater than those at Level One and
		and are:	include:
		•  Responsible for managing hospitals	Management:
		and larger facilities that provide a wide
		range of health care services with some	•  High level of leadership;
		sub-speciality services for customers	communication and Interpersonal skills.
		which may include multiple services and
		sites; or	•  Capacity to exercise creative and
			entrepreneurial solutions to improve
		•  Responsible for providing support	productivity and effectiveness for
		services for the management of large	customers.
		hospitals which include multiple
		services and sites; or	•  Proven negotiation and delegation
			skills.
		•  Responsible for providing support and
		in some cases managing human resource	•  Ability to motivate and co-ordinate
		and/or financial and/or administrative	staff.
		and/or hotel and/or clinical services for
		hospitals which provide a wide range	Support:
		of specialised services for customers
		and/or Health Services.	•  Ability to provide input,
			interpret, monitor and evaluate policies,
		Staff at this level are accountable for	procedures and standards for customers.
		allocation and/or expenditure or
		resources and ensuring targets are met.	•  Capacity to design strategic and
		Staff are responsible for ensuring	business objectives.
		optimal budget outcomes for their
		customers and communities.	•  Ability to develop performance
			measures.
		Staff are responsible for providing
		regular feedback and appraisals for
		senior staff to improve health outcomes
		for customers and for maintaining a
		performance management system.
		Staff are responsible for providing
		support for the efficient, cost effective
		and timely delivery of services.

 

Level	Title	Description of Work	Skills and Attributes
Three	Health Manager	Jobs at this level have greater	The skills and attributes at this level are
		responsibilities than those at Level Two	greater than those at Level Two and
		and are:	include:
			Management:
		•  Responsible for managing hospitals
		which provide a wide range of health	•  Excellent leadership, communication
		care services with some specialities	and Interpersonal skills.
		which include multiple sites and
		services; or
			•  Highly developed and effective
			management skills.
		•  Responsible for providing support
		services for the management of large	•  Ability to develop, monitor and reach
		complex hospitals or groups of hospitals;	predicted outcomes to strategic and
		or	business plans.
		•  Responsible for management and in	•  Highly developed and effective
		some cases support in human resources	negotiation and delegation skills.
		and/or financial and/or administrative
		and/or clinical services in tertiary teaching	•  Proven capacity to manage multi-
		hospitals and/or Health Services.	disciplinary groups.
		Staff at this level are responsible for	Support:
		reviewing senior staff performances
		through regular appraisal to improve	•  Ability to make judgements and have
		health outcomes for patients and for	sole delegated responsibility to approve
		maintaining a performance management	changes in standards, practices, policies
		system.	and procedures.
		Staff are responsible to maintain effective	•  Highly developed negotiation and
		relationships and communication with	delegations' skills.
		Area Health Service to ensure that
		corporate goals and priorities of the
		Health System are met.
		Staff are responsible to maintain effective
		relationships and communication with
		Health Services to ensure that corporate
		goals and priorities of the Health System
		are met.
		Staff at this level are responsible for
		providing timely delivery of services and
		are accountable to the appropriate
		Executive.
		Staff are responsible for contributing to
		the development and implementation of
		business plans.
		Staff at this level are required to make
		judgements and may in some cases, be
		delegated responsibility to approve
		changes in standard practice and
		procedures.

 

Level	Title	Description of Work	Skills and attributes
Four	Health Manager	Jobs at this level have greater	The skills and attributes at this level are
		responsibilities than those at Level Three,	greater than those at Level Three and
		are accountable through performance	include:
		agreements and are:
			•  System-wide view of health care
		•  Responsible for managing hospitals	provision and management to improve
		which provide a wide range of Specialist	health outcomes for customers.
		services for customers which include
		multiple sites and services; or	•  Excellent strategic planning and policy
			development skills.
		•  Responsible for management of human
		resource and/or financial and/or	•  Proven management expertise at a
		administrative and/or clinical services in	senior level.
		Health Services.
			•  Competent to make complex
		Staff are responsible for ensuring optimal	judgements and take initiatives through
		health outcomes within budget for their	delegated responsibilities.
		customers and communities.
		Staff are accountable for allocating
		resources and ensuring budgets are
		effectively met. Staff are responsible for
		developing appropriate strategies to
		manage budget changes in a timely
		manner.
		Staff at this level are required to make
		complex judgements and make
		appropriate changes in standard practices,
		policies and procedures.
		Staff at this level are expected to
		develop/implement strategic business
		plans and ensure budgets are allocated
		and targets met.

 

HEALTH MANAGER LEVEL 5

 

Grading Characteristics, Skills and Attributes

 

(a)       Authority & Accountability

 

Freedom to operate within delegated authority, performance agreement, and Health Service policy

 

Recommend service priorities

 

Exercise judgement within delegations

 

Formulate policy and deliver programs in line with performance agreement

 

Involvement in the development of long-term strategies

 

Report directly to a member of the area executive

 

Budget management and responsibility for significant budget amount

 

or

 

Management of complex area service or unit, requiring specialist advice and input

 

Adherence to the Accounts and Audit and Determination for Health Services and all Statutory Requirements

 

(b)       Judgement & Problem-Solving     

 

Exercise judgement and problem solving in service policy areas (e.g. Mental Health, HR)

 

Frequent resolution of unusual and complex problems

 

Develop business strategies and business plans

 

Develop ideas, optional action plans, courses of action

 

Anticipate and resolve problems in a challenging and dynamic environment

 

Seek advice when there is no existing policy or precedent

 

Use of evidence-based decision-making to back up decisions

 

Sound ability to solve problems using innovative, creative solutions

 

High level of technical expertise

 

Provision of high level of expert advice and sound judgement

 

Independent decision-making; exercising independent judgement

 

Has a sound understanding of political and cross-Health Service issues and how they impact on the organisation

 

Actively develop strategic partnerships

 

(c)       Leadership & Management Skills

 

Provide leadership, management and direction

 

Actively contributes to shaping the organisation’s strategic plan

 

Ensures that the strategic plan is outcome-focussed, takes into account the short and

 

long-term priorities, and is achievable

 

Actively monitors progress towards the achievement of the strategic vision

 

Achieve set objectives

 

Resolve conflict

 

Address and prioritise competing demands

 

Lead and manage organisation change on a health service(s)-wide basis

 

Build appropriate organisation values and culture

 

Anticipate problems and develop contingency strategies to meet complex situations

 

Applies intellectual rigour to all aspects of their work

 

(d)       Personal & Interpersonal Skills

 

Provide specialist advice

 

Lead persuade, motivate and negotiate at senior levels

 

Ability to deal with people at all levels

 

Communicate and liaise effectively at all levels within the organisation

 

Spokesperson for area of responsibility (media, public)

 

Effective community liaison and communication

 

Effectively self-manages

 

Innovative & lateral thinker

 

Flexible & responsive

 

Supports a reflective learning/quality culture that enables both individuals and the organisation to develop

 

Articulates and promotes the organisation’s vision and goals

 

Promotes an environment in which traditional ways of thinking are challenged and debate is encouraged

 

Provides effective role-modelling

 

Celebrates achievements and encourages innovation

 

(e)       Outcomes & Performance

 

Formal personal agreement with CEO, Deputy CEO or Service Director / General Manager (KRAs)

 

Significant impact on service/hospital achievements and targets

 

Formal performance agreements with direct reports

 

Achievement of best practice

 

Monitoring and compliance with all professional standards

 

Responsible for health service(s)-wide service delivery

 

HEALTH MANAGER LEVEL 6

 

Grading Characteristics, Skills and Attributes

 

(a)       Authority & Accountability

 

Able to make decisions assessing the ‘measured risk’

 

Scope to use resources to reallocate resources to meet changing business needs prioritisation

 

Exercise judgement - in broad context

 

Accountable for policy and delivery of programs

 

Authorised to commit Health Service to course of action

 

Develop long-term strategies

 

Report directly to CEO or Deputy CEO, or Director Health Service Operations

 

Budget management and responsibility for a very significant and complex budget,

 

or

 

Responsibility for a complex inter/intra area health service unit

 

Adherence to the Accounts and Audit Determination for Health Services and all

 

Statutory Requirements

 

(b)       Judgement & Problem-Solving

 

Develop organisation-wide strategic policy direction (e.g. Mental Health, HR)

 

Manage the resolution of unusual and complex systemic problems

 

Define business and strategic plans based upon current and future directions

 

Develop ideas and define action plans and courses of action

 

Resolve problems in a challenging and dynamic environment

 

Use of evidence-based decision-making to back up decisions

 

Demonstrated ability to anticipate and solve problems using innovative and creative solutions

 

High level of technical expertise

 

Highly regarded as an authority and provider of sound advice

 

High level independent decision-making

 

Has a sound understanding of political and cross-Health Service issues and how they impact on the organisation

 

Actively develops strategic partnerships

 

(c)       Leadership & Management

 

Provide leadership, management and direction

 

Actively contributes to shaping the organisation’s strategic plan

 

Ensures that the strategic plan is outcome-focussed, takes into account the short and long-term priorities, and is achievable

 

Actively monitors progress towards achievement of the strategic vision

 

Achieve objectives

 

Resolve conflict

 

Address and prioritise competing demands

 

Lead and manage complex organisational change on an inter/intra health service(s)-wide basis

 

Build appropriate organisation values and culture

 

Anticipate problems, consider and analyse highly complex issues, develop and implement contingency strategies

 

Ability to sell and successfully implement difficult decisions

 

Applies intellectual rigour to all aspects of their work

 

(d)       Personal & Interpersonal Skills

 

Provide expert advice

 

Lead, persuade, motivate, negotiate at senior levels

 

Ability to deal with people at all levels

 

Spokesperson for area of responsibility (media, public)

 

Effective communication and community liaison

 

Effectively self-manages

 

Innovative and lateral thinker

 

Flexible and responsive

 

Supports a reflective learning/quality culture that enables both individuals and the organisation to develop

 

Articulates and promotes the organisation’s vision and goals

 

Promotes an environment in which traditional ways of thinking are challenged and debate is encouraged

 

Provides effective role-modelling

 

Celebrates achievements and encourages innovation

 

(e)       Outcomes & Performance

 

Formal performance agreement with the CEO (KRAs)

 

Achievement of overall organisation targets; budget / service delivery / quality programs

 

Formal performance agreements with direct reports

 

Achievement of best practice

 

Monitoring and compliance with all professional standards

 

Responsibility for Health Service(s)-wide and intra Health Service delivery

 

 

 

N. CONSTANT, Chief Commissioner

 

 

____________________

 

 

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