Health Employees' Engineers (State) Award 2021
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH
WALES
Application by NSW Ministry of Health.
(Case No. 187822 of 2021)
Before Chief
Commissioner Constant
|
30 July 2021
|
AWARD
PART A
Arrangement
Clause No. Subject
Matter
6 Anti-Discrimination
8 Area, Incidence and Duration
4 Conditions of Service
1 Definitions
5 Dispute Resolution
3 Grading Committee
7 No Extra Claims
2 Salaries
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:
"Assistant
Engineer" means a person appointed as such to an established position as
approved by the employer and who has acquired membership of the Institute of
Hospital Engineering, Australia - NSW Branch or such other qualifications as
the employer deems appropriate, provided that all persons employed and classified
as assistant engineers in public hospitals at the operative date of this Award
shall be deemed to hold qualifications to the level required by this Award.
"Engineer"
means a person appointed as such to an established position as approved by the
employer and who has acquired membership of the Institute of Hospital
Engineering, Australia - NSW Branch or such other qualifications as the
employer deems appropriate, provided that all persons employed and classified
as engineers in public hospitals at the operative date of this Award shall be
deemed to hold qualifications to the level required by this Award.
"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
"Maintenance
Supervisor (Tradesperson)" means a person appointed as such to an
established position as approved by the employer and:
(a) who assists the engineer or the assistant
engineer in the supervision of staff and the general maintenance work of the
hospital and, in addition, relieves them during their absence; or
(b) who, where there is no engineer, is
responsible for the operation of the steam raising plant and general maintenance
work.
"Union"
means the Health Services Union NSW.
2. Salaries
Full-time Engineer
employees shall be paid the salaries as set out in Table 1 of Part B - Monetary
Rates of this Award.
3. Grading Committee
(i) A committee consisting of up to three
representatives of the employer and up to three representatives of the Union
shall be constituted to consider and recommend to the employer (a) the grading
of any new position or any variation of grading or classification of a position
as a result of any substantial alteration of duties and/or responsibilities or
in any case of anomaly; and (b) the date of effect of the grading recommended.
Provided that:
(a) an employee shall, while the grading of
their position is under consideration by the committee be ineligible to be a
member of the committee;
(b) the committee shall not, without
sufficient reason, recommend the retrospective operation of any grading; and
(c) where a retrospective date of effect is
recommended such a date shall not be earlier than a date six months prior to
the date on which the matter was referred to the committee.
(ii) The members of the committee shall be
entitled to examine any statement of duties pertaining to any position referred
to the committee and any papers which illustrate the type of work performed by
the occupant of the position or, if the employer approves, papers which are
otherwise relevant to the question of the grading of the position, including
statements of duties of other positions.
(iii) Except as otherwise provided, the matters
to be referred to the committee shall be:
(a) any application by an employee for review
of the grading of the position he occupies if the chief executive officer of
the Health Service certifies that in their opinion there has been a substantial
alteration of duties and/or responsibilities since the last grading of the
position and states the nature of such alteration, or that the grading of the
position is markedly out of keeping with that of other positions in the Health
Service;
(b) the grading of any new position;
(c) such cases as the Union may raise where
the Union has stated the grounds and indicated the basis on which it desires such
cases to be considered by the committee; and
(d) such other cases as the NSW Ministry of
Health may approve.
(iv) The committee shall meet to consider the
grading of a position within twenty-one days of such grading having been
referred to the committee.
(v) In the event of the members of the
committee being in disagreement as to the grading to be recommended for a
position or as to the date of effect, the members representing the Union shall,
within twenty-one days of the meeting of the committee at which such
disagreement occurred, furnish to the employer, a written report stating the
grading or date of effect which they consider appropriate with their reasons
therefore and indicating also whether they wish to interview the employer in
connection with their representations.
(vi) The report of the committee shall be signed
by at least one representative of the employer and of the Union.
(vii) Nothing in this clause shall affect the
right of the Union to apply to the Public Health Employees (State) Industrial
Committee for the settlement of any dispute arising from the grading of any
employees under this Award.
4. Conditions of Service
(i) 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.
Provided that
Clause 9, Overtime, of that Award shall not apply to an employee covered by
this Award who is:
(a) classified as Engineer, Grade 7; or
(b) paid an allowance because he acts in the
capacity of a group engineer or regional engineer; or
(c) who, following 13 November 1997, is
reclassified to a higher grade because he acts in the capacity of a group
engineer or regional engineer;
and the salary
rates of engineers not so entitled to overtime shall be deemed to cover all
incidents of employment.
(ii) 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, 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.
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’ Engineers (State) Award
2019 published 1 November 2019 (385
I.G. 647) 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 s115(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 01/07/2021
$ per week
|
Rate from ffppoa
01/07/2021
$ per week
|
Engineer
|
Assistant
|
Grade 1
|
1,440.19
|
1,469.57
|
Grade 2
|
1,544.11
|
1,575.61
|
Grade 3
|
1,646.74
|
1,680.33
|
Grade 4
|
1,750.21
|
1,785.91
|
Grade 5
|
1,904.81
|
1,943.67
|
Grade 6
|
2,059.30
|
2,101.31
|
Engineer
|
Grade 1
|
1,440.19
|
1,469.57
|
Grade 2
|
1,544.11
|
1,575.61
|
Grade 3
|
1,646.74
|
1,680.33
|
Grade 4
|
1,750.21
|
1,785.91
|
Grade 5
|
1,904.81
|
1,943.67
|
Grade 6
|
2,059.30
|
2,101.31
|
Grade 7
|
2,393.13
|
2,441.95
|
Maintenance Supervisor
(Tradesperson)
|
Grade 1
|
1,290.26
|
1,316.58
|
Grade 2
|
1,389.62
|
1,417.97
|
N. CONSTANT, Chief Commissioner
____________________
Printed by
the authority of the Industrial Registrar.