Health Employees' Technical (State) Award 2021
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by NSW Ministry of Health.
(Case No. 186321 of 2021)
Before Chief Commissioner Constant
|
30 July 2021
|
AWARD
PART A
Arrangement
Clause No. Subject Matter
1. Definitions
2. Salaries
3. Exemptions
4. Conditions
of Service
5. Disputes
Resolution
6. Anti-Discrimination
7. No Extra
Claims
8. Area,
Incidence and Duration
PART B - MONETARY RATES
Table 1 - Salaries
PART A
1. Definitions
Unless the context otherwise indicates or requires the
several expressions hereunder defined shall have their respective meaning
assigned to them:
"Chief Medical Photographer" means a medical
photographer who has been appointed as Chief Medical Photographer in a Medical
Photography Department of a hospital.
"Dialysis Technician" means a person employed as
such who has the Industrial Electronics Certificate of the Department of
Technical and Further Education or such other certificate or course of training
as, in the opinion of the employer, is deemed appropriate.
"Electronics Technician" means a person employed
as such who is the possessor of an Electronics and Communications Certificate
of the Department of Technical and Further Education, or who has qualifications
and/or experience deemed by the employing hospital to be equivalent and the
major portion of whose duties include the construction, adaptation, alteration,
repair and/or maintenance of electronic equipment.
"Employer" means the Secretary of the Ministry of
Health exercising the employer functions on behalf of the Government of New
South Wales.
"Health Service" means a Local Health District constituted
under section 8 of the Health Services
Act 1997, a Statutory Health Corporation constituted under section 11 of
that Act, and an Affiliated Health Organisation constituted under section 13 of
that Act, 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.
"Medical Photographer" means a person who is
employed as such and who has satisfactorily completed the course in photography
conducted by the Department of Technical and Further Education or who possesses
such other qualifications as deemed by the employer to be appropriate and whose
duties include taking, processing and recording all types of clinical
photographs needed for research, teaching, treatment, and/or medical
illustration.
"Perfusionist - Grade 1 (Trainee Perfusionist)"
means a person appointed as such who holds, or is qualified to hold, an
appropriate tertiary qualification (Bachelor of Science, Bachelor of Applied Science
or equivalent qualification) and who is training in perfusion.
"Perfusionist - Grade 2 (Certified Perfusionist)"
means a person who has obtained the qualification of Certification in Perfusion
of the Australasian Board of Cardiovascular Perfusion or having qualifications
deemed by the employer to be equivalent, who is capable of performing perfusion
duties of a complex nature including research and development tasks.
"Perfusionist - Grade 3 (In-Charge Perfusionist)"
means a person who complies with all duties of a Trained Certified Perfusionist
but in addition manages the everyday operation of the department in conjunction
with a medical officer.
"Perfusionist - Grade 4 (Director of Perfusion
Services)" means a person appointed as such who is the most senior
Perfusionist within the Hospital and who is solely responsible for the
direction and supervision of other Perfusionists within the Hospital. Director
of Perfusion services is expected to exercise organisational, supervisory and
management skills, mature technical and clinical knowledge, judgement as it
relates to the operation and testing of equipment, to continue to develop
expertise with advances in the relevant body of technical and clinical
knowledge and to seek and utilise other specialist advice when required to.
"Senior Dialysis Technician" means a technician
who has been appointed Senior Dialysis Technician in the area of dialysis.
"Senior Electronics Technician" means an
electronics technician appointed to a position approved as such by the
employer.
"Senior Technical Officer" means a person
appointed to a position approved as such by the employer.
"Sole Electronics Technician" means an electronics
technician appointed as such.
"Technical Officer" means a person appointed as
such who is the holder of the Biological Technicians Certificate, the Chemistry
Certificate, the Nuclear Medicine Technician's Certificate, the Pathology
Technicians Certificate, the Pathology Technicians Higher Certificate, the
Associate Diploma of Health Sciences (Pathology Techniques) of the Department
of Technical and Further Education, the Associate Diploma in Medical Technology
awarded by the Riverina CAE or the Associate Diploma in Medical Laboratory
Science awarded by the Charles Sturt University or such other certificate or
course of training as, in the opinion of the employer, is appropriate.
"Trainee Medical Photographer" means a person
appointed as such who is undertaking the certificate course in photography
conducted by the Department of Technical and Further Education.
"Union" means the Health Services Union NSW.
2. Salaries
Full time Technical employees shall be paid the salaries as set
out in Table 1 of Part B - Monetary Rates of this Award.
3. Exemptions
This Award shall not apply to:
(a) Members,
novices or aspirants of religious orders in public hospitals, the names of whom
are included or hereafter shall be included in the Third Schedule to the Health Services Act 1997.
(b) Employees of
Stewart House Preventorium.
4. 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.
5. Dispute Resolution
The dispute resolution procedures contained in the Health Employees Conditions of Employment
(State) Award 2019, as varied or replaced from time to time, shall apply.
6. 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, 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 fulfillment 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. 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.
8. 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 second column 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
Employees Technical (State) Award 2019 as published 1 November 2019 (385
I.G. 659) 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 - Monetary Rates
Classification
|
Rate to apply prior to ffppoa
01/07/2021
$ per week
|
Rate from ffppoa 01/07/2021
$ per week
|
Electronics Technician
|
Technician
|
1st Year of Service
|
1,422.28
|
1,451.29
|
2nd Year of Service
|
1,471.81
|
1,501.83
|
3rd Year of Service
|
1,521.45
|
1,552.49
|
4th Year of Service
|
1,617.23
|
1,650.22
|
Sole
|
1st Year of Service and Thereafter
|
1,696.15
|
1,730.75
|
Senior
|
1st Year of Service
|
1,723.66
|
1,758.82
|
2nd Year of Service
|
1,750.95
|
1,786.67
|
Perfusionist
|
Grade 1
|
1st Year
|
1,733.89
|
1,769.26
|
2nd Year
|
1,789.83
|
1,826.34
|
Grade 2
|
1st Year
|
1,925.36
|
1,964.64
|
2nd Year
|
1,989.63
|
2,030.22
|
3rd Year
|
2,045.08
|
2,086.80
|
4th Year
|
2,269.10
|
2,315.39
|
5th Year
|
2,332.23
|
2,379.81
|
6th Year
|
2,411.35
|
2,460.54
|
7th Year
|
2,484.70
|
2,535.39
|
8th Year
|
2,547.19
|
2,599.15
|
Grade 3
|
1st Year
|
2,728.96
|
2,784.63
|
2nd Year
|
2,797.05
|
2,854.11
|
Grade 4
|
1st Year
|
2,872.38
|
2,930.98
|
2nd Year
|
2,940.78
|
3,000.77
|
Visual Aids Officer
|
Trainee
|
1st Year of Training
|
628.37
|
641.19
|
2nd Year of Training
|
706.77
|
721.19
|
3rd Year of Training
|
772.52
|
788.28
|
4th Year of Training
|
846.81
|
864.08
|
5th Year of Training
|
930.91
|
949.90
|
General Scale
|
1st Year
|
1,041.76
|
1,063.01
|
2nd Year
|
1,096.14
|
1,118.50
|
3rd Year
|
1,151.56
|
1,175.05
|
4th Year
|
1,177.49
|
1,201.51
|
5th Year
|
1,205.32
|
1,229.91
|
Grade 1
|
Medical Artists, RPA, RNSH (in charge Westmead)
(2nd in charge POW)
|
1,322.16
|
1,349.13
|
Grade 2
|
Sole Medical Photographer (St. George & Gosford)
|
1,377.39
|
1,405.49
|
Grade 3
|
Chief Medical Photographer - specific hospitals
|
1,537.04
|
1,568.40
|
Grade 4
|
Co-ordinator, Audio Visual Services – Royal North Shore Hospital
|
1,595.21
|
1,627.75
|
Director of Audio Visual Services
|
Royal Prince Alfred and Westmead
|
1,856.65
|
1,894.53
|
Technical Officer
|
Trainee
|
1st Year of Training
|
624.57
|
637.31
|
2nd Year of Training
|
699.72
|
713.99
|
3rd Year of Training
|
791.39
|
807.53
|
4th Year of Training
|
871.47
|
889.25
|
Grade 1
|
1st Year
|
1,103.20
|
1,125.71
|
2nd Year
|
1,129.87
|
1,152.92
|
3rd Year
|
1,155.25
|
1,178.82
|
4th Year
|
1,182.87
|
1,207.00
|
5th Year
|
1,208.46
|
1,233.11
|
6th Year
|
1,254.21
|
1,279.80
|
7th Year
|
1,294.88
|
1,321.30
|
8th Year
|
1,330.82
|
1,357.97
|
Grade 2
|
1st Year
|
1,422.28
|
1,451.29
|
2nd Year
|
1,471.70
|
1,501.72
|
3rd Year
|
1,521.45
|
1,552.49
|
4th Year
|
1,617.23
|
1,650.22
|
Senior
|
1st Year
|
1,696.15
|
1,730.75
|
2nd Year
|
1,723.66
|
1,758.82
|
3rd Year
|
1,750.95
|
1,786.67
|
Dialysis Technician
|
Technician
|
1st Year
|
1,321.75
|
1,348.71
|
Thereafter
|
1,362.10
|
1,389.89
|
Senior
|
Grade 1 (Sole Technician)
|
1,404.05
|
1,432.69
|
Grade 2
|
1,451.90
|
1,481.52
|
N. CONSTANT, Chief Commissioner
____________________
Printed by the
authority of the Industrial Registrar.