HealthShare NSW Patient Transport Officers' (State)
Award 2023
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by NSW Ministry of Health.
(Case No. 213276 of 2023)
Before Chief Commissioner Constant
|
17 August 2023
|
AWARD
PART A
Arrangement
Clause No. Subject Matter
1. Definitions
2. Salaries
3. Conditions
of Employment
4. Classifications
5. Meals
6. Anti-Discrimination
7. No Extra
Claims
8. Area,
Incidence and Duration
PART B
Table 1 - Rates of Pay
Table 2 - Other Rates and Allowances
1. Definitions
"Employer" means the Secretary of the Ministry of
Health exercising employer functions on behalf of the Government of NSW (and
includes a delegate of the Secretary).
"Patient Transport Officer" means an employee of
HealthShare NSW who is appointed to an approved Patient Transport Officer
position.
"Trainee Patient Transport Officer" means an
employee of HealthShare NSW who is undertaking the necessary and relevant
training and work experience as determined by the employer to become a Patient
Transport Officer.
"Union" means the Health Services Union New South
Wales.
2. Salaries
Full time Patient Transport Officers, as defined under this
award, shall be paid the salaries as set out in Table 1 - of Part B - Monetary
Rates of this Award.
3. Conditions of
Employment
(i) The following
awards as varied or replaced from time to time shall apply except in so far as
any term of any of those awards are inconsistent with this award:
Health Employees Conditions of Employment (State) Award
2022, as varied or replaced from time to time; except for:
Clause 3 (xii) and (xiii) - the meal break and tea
break provisions do not apply; and
Clause 14(i) and (vi) - do not apply, and Health
Industry Status of Employment (State) Award 2021, as varied or replaced from
time to time.
In the event of any inconsistency between the above
awards, the provisions in this award shall apply.
4. Classifications
(i) A Trainee
Patient Transport Officer is an employee who is undertaking the necessary and
relevant training and work experience as determined by HealthShare NSW to
become a Patient Transport Officer and who is appointed to an approved Trainee
Patient Transport Officer position.
This category of employee will be involved in routine
and non-emergency patient transport utilising basic life support skills. Among
other things, this category of employee will receive training and certification
in work health and safety, first aid, driver training, patient handling, oxygen
administration, equal employment opportunity, anti-discrimination and
anti-harassment.
(ii) A Patient
Transport Officer is an employee who has successfully completed the necessary
and relevant training and work experience as determined by the employer to
become a Patient Transport Officer and who is appointed to an approved Patient
Transport Officer position. Provided that such an employee shall be required to
undertake and successfully complete further instruction/in-service courses
necessary for Patient Transport Officers as determined by the employer.
This category of employee will be involved in routine
and non-emergency patient transport utilising basic life support skills. This
category of employee will not be utilised to crew ambulances engaged in
emergency/casualty response.
Provided that such an officer shall be required to
undertake and successfully complete further instruction/in service courses and
certification examinations as required by HealthShare NSW.
5. Meals
(i) Employees
working shifts of less than 12 hours duration shall have one paid 30 minute
crib break to be taken between the fourth and seventh hour unless otherwise
agreed between the parties.
(ii) Employees
working 12 hour shifts will be entitled to two paid 30 minute crib breaks to be
taken between the fourth and seventh hour and the eighth and eleventh hour
unless otherwise agreed between the parties.
(iii) Employees who,
due to operational requirements, are unable to take their paid crib break
within the prescribed times, or whose crib break is not completed, shall
receive an additional payment of one hour at ordinary time.
(iv) An employee who
is directed to take their crib break away from her or his starting location for
that shift, will be paid a crib away allowance as follows:
(a) Where an
employee is entitled to one crib break per shift the payment for any crib
directed to be taken away from the employee’s starting location for that shift
will be paid at the rate prescribed in Item 1 of Table 2 - Other Rates and
Allowances of Part B of this Award for each occasion that the employee is so
directed.
(b) Where an
employee is entitled to two crib breaks per shift the payment for any crib
directed to be taken away from the employee’s starting location for that shift
will be the paid at the rate prescribed in Item 2 of Table 2 - Other Rates and
Allowances of Part B of this Award for each occasion that the employee is so
directed.
6. Anti-Discrimination
(i) 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.
(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 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.
(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 exempt from anti-discrimination legislation.
(b) Offering or
providing junior rates to a person 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 a 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:
(i) Employers and
employees may also be subject to Commonwealth anti- discrimination legislation.
(ii) 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 (or its successor however described), 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 2024 by a
party to this Award.
8. Area, Incidence and
Duration
(i) This Award
takes effect from 1 July 2023 and shall remain in force for a period of one
year. The salaries and allowances in the last column of Table 1 - Salaries and
Table 2 - Other Rates and Allowances of Part B, Monetary Rates, will apply from
the first full pay period on or after (ffppoa) 1 July 2023.
(ii) This Award
rescinds and replaces the HealthShare NSW Patient Transport Officers (State)
Award 2022 published 4 November 2022 (393 I.G.144) and all variations thereof.
(iii) This Award
shall apply to persons employed in classifications contained herein in the NSW
Health See employed within HealthShare NSW under section 115(1) of the Health
Services Act 1997, or any successors, assignees or transmittees.
PART B
Table 1- Salaries
In the period 1 July 2023 to the commencement of the first full
pay period on or after 1 July 2023, the applicable rates of pay are those that
applied immediately prior to the first full pay period on or after 1 July 2023
Classification
|
Rate effective
first full pay period on or after 1/07/2023
$
|
Trainee Patient Transport Officer
|
1,162.13
|
Patient Transport Officer
|
1,210.94
|
Table 2 - Other Rates and Allowances
Item
|
Clause
|
Allowance
Description
|
Rate effective
first full pay period on or after 1/07/2023
$
|
1
|
5(iv)(a)
|
Crib Away Allowance (Single Crib)
|
25.22
|
2
|
5(iv)(b)
|
Crib Away Allowance (Two Cribs)
|
12.62
|
N. CONSTANT, Chief Commissioner
____________________
Printed by
the authority of the Industrial Registrar.