NSW Health Service Aboriginal Health Workers'
(State) Award 2021
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by NSW Ministry of Health.
(Case No. 168441 of 2021)
Before Chief Commissioner Constant
|
22 July 2021
|
AWARD
PART A
Arrangement
Clause No. Subject Matter
1. Definitions
2. Wages
3. Conditions
of Service
4. Progression
and Appointment
5. Anti-Discrimination
6. No Extra
Claims
7. Area,
Incidence and Duration
1. Definitions
"Aboriginal Health Practitioner" means a person
who is appointed as such and holds a Certificate IV in Aboriginal Primary
Health Care (Practice) and is registered with the Australian Health
Practitioner Regulation Agency. Aboriginal Health Practitioners perform a range
of clinical practice and primary healthcare duties for the community in which
they work under direct or indirect supervision at more experienced years.
"Aboriginal Health Worker" means a person who is
appointed as such and is a provider of flexible, holistic and culturally
sensitive health services to the Aboriginal community, and holds or aspires to
hold a minimum Certificate HI qualification in Aboriginal Primary Health Care
or a minimum Certificate III health qualification in the area of care in which
the Aboriginal Health Worker works. Aboriginal Health Workers perform a range
of primary health care duties for the community in which they work under direct
or indirect supervision at more experienced years.
"Employer" means the Secretary of the Ministry of
Health exercising employer functions on behalf of the Government of New South
Wales.
"Principal Aboriginal Health Worker" means a
person who has applied for an advertised Principal Aboriginal Health Worker role
and has been selected on merit. Principal Aboriginal Health Workers develop,
implement and review Aboriginal primary health care strategy and policies and
may be responsible for the supervision and training of Aboriginal Health
Workers. Principal Aboriginal Health Workers hold a relevant degree
qualification.
"Senior Aboriginal Health Worker" means a person
who has applied for an advertised Senior Aboriginal Health Worker role and has
been selected on merit. Senior Aboriginal Health Workers manage resources for
the delivery of individual health services or health programs and may be
responsible for the supervision and training of Aboriginal Health Workers.
"Union" means the Health Services Union New South
Wales.
2. Wages
2.1 Full time
employees shall be paid the salaries as set out in the Health Professional
Medical Salaries (State) Award 2019, as varied or replaced from time to time.
3. Conditions of
Service
3.1 The Public
Hospitals (Professional & Associated Staff) Conditions of Employment
(Stale) Award 2019, as varied from time to time, shall apply to all
classifications of employees as defined in clause I of this Award.
4. Progression and
Appointment
4.l Progression for
Aboriginal Health Workers and Aboriginal Health Practitioners is incremental
upon the completion of 12 months full time satisfactory service.
4.2 Aboriginal
Health Workers who hold a minimum Certificate III qualification in Aboriginal
Primary Health Care or a minimum Certificate III health qualification in the
area of care in which the Aboriginal Health Worker works may commence at Year
2.
4.3 Senior
Aboriginal Health Workers are appointed on merit Incremental progression occurs
once upon the completion of the first 12 months full time satisfactory service.
4.4 Principal
Aboriginal Health Workers are appointed on merit. Incremental progression
occurs once upon the completion of the first 12 months full time satisfactory
service.
5. Anti-Discrimination
5.1 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.
5.2 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 arc 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.
5.3 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.
5.4 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.
5.5 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 2022 by a
party to this award.
8. Area, Incidence and
Duration
8.1 This Award shall
apply to employees of the classifications in clause 1, Definitions, who are
employed in the New South Wales Health service under Section 115(1) of the Health
Services Act 1997, or their successors, assignees or transmittees.
8.2 The Award shall
take effect on and from I July 2021 and shall remain in force for a period of
one year. This Award rescinds and replaces the NSW Health Aboriginal Health
Workers (Stale) Award 2015 published 9 October 2015 (378 I.G. 90) and all
variations thereof.
N. CONSTANT, Chief Commissioner
____________________
Printed by
the authority of the Industrial Registrar.