Staff Specialists (State) Award 2018
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Ministry of Health.
(Case No. 2018/199495)
Before Commissioner
Murphy
|
3 July 2018
|
AWARD
PART A
Arrangement
Clause No. Subject
Matter
1. Title
2. Definitions
3. Issue
Resolution
4. Normal
Duties
4A Multiple
Assignments
5. Salary
6. Salary
Sacrifice - Definition
7. Salary
Sacrifice
8. Salary
Sacrifice for Superannuation
9. Limitation
on the Amount to be Sacrificed
10. Exclusions
11. Managerial
Allowance
12. Performance
Agreement
13. Part-time
Employment and Arrangements
14. Work
Location
15. Outside Practice
16. Postgraduate
Fellow
17. Annual
Leave
18. Long
Service Leave
19. Sick Leave
20. Family and
Community Service Leave
20A. Family
Violence Leave
21. Personal/Carer’s
Leave
22. Maternity,
Adoption and Parental Leave
22A. Lactation
Breaks
23. Telephones
24. Office,
Secretarial and Administrative Support
25. Specialist
Medical Administrators
26. Labour
Flexibility
27. Anti-Discrimination
28. Underpayment
and Overpayment of Salaries
29. Monthly
Leave Return
30 Consultation
Regarding Change
31. No Extra
Claims
32. Area,
Incidence and Duration
Schedule 1 - Staff Specialists Salary Rates
Schedule 2 - Allowances
PART C - OTHER MATTERS
Schedule 1 - List of exclusions in relation to clauses 7
- 10 (inclusive)
Schedule 2 - List of recognised Australasian Specialist
Colleges
Schedule 3 - Specialties undertaking shiftwork
Annexure - Pro-forma Staff Specialist Performance
Agreement
PART A
1. Title
This Award shall be known as the Staff Specialists
(State) Award 2018.
2. Definitions
"Award" means the Staff Specialists (State)
Award 2017.
"Employer" means the Secretary of the Ministry
of Health exercising employer functions on behalf of the Government of New
South Wales (and includes a delegate of the Secretary).
"Entitlements" means entitlements pursuant to
this Award as varied from time to time.
"Federation" means the Australian Salaried
Medical Officers' Federation (New South Wales).
"Health System" means the Public Health
System of New South Wales.
"Hospital" means a public hospital as defined
in section 15 of the Health Services Act
1997.
"Normal Duties" means clinical, teaching,
research, administrative, quality improvement or other duties and
responsibilities undertaken by the Staff Specialist.
"Part-time Working Arrangement" means an
agreement between a Staff Specialist and the Employer for the Staff Specialist
to provide his/her services on a part-time employment basis pursuant to clause
13 of this Award.
"Performance Agreement" is an agreement in
accordance with the provisions of clause 12 of this Award.
"Postgraduate Fellow" means an employee who
has completed postgraduate medical training but who has not yet been appointed
as a specialist/senior specialist and who occupies a position classified as
Postgraduate Fellow.
"Practice" means clinical, administrative,
teaching, research, quality improvement or other duties and responsibilities
undertaken by the Staff Specialist.
"Public Health Organisation" is as defined in
section 7 of the Health Services Act
1997.
"Salary" means the salary set out in Part B,
Schedule 1 to this Award as varied from time to time by clause 5 of this Award.
"Staff Specialist" means a Specialist, Senior
Specialist and Post Graduate Fellow (except where specifically excluded)
employed on either a full-time or a part-time basis.
"Specialist" means a person appointed to a
position of Specialist by the Employer. To be eligible for appointment a
specialist must be a person who: -
(a) holds a medical qualification that is registrable in New
South Wales; and
(b) after full
registration has spent not less than five years in the practice of medicine in
New South Wales in the Health System or in any other institution, whether in
New South Wales or elsewhere, deemed by the Employer to be of equivalent
standing; and
(c) inclusive within the period described in (b) above has spent
not less than three years in supervised specialist training and/or experience;
and
(d)
(i) has obtained a Fellowship of a recognised Australasian
Specialist College (see Part C, Schedule 2 for list of recognised Australasian
Specialist Colleges); or
(ii) has proof of recognition as a specialist by the Specialists
Recognition Advisory Committee; or
(iii) has conditional registration with the NSW Medical Board as
an overseas-trained specialists (not including conditional registration as a
general practitioner; or
(iv) does not have a
qualification recognised under (i) (ii) or (iii)
above, but has obtained an appropriate higher qualification in his/her
specialty acceptable to the Employer after consideration by the Medical and
Dental Advisory Committee of the Employer.
(e) Any decision
made by the Employer in determining whether any person is eligible to be
appointed as a specialist shall not contravene any applicable provision of the Anti-Discrimination Act 1977
Notwithstanding the provisions of subclause (d) above,
Staff Specialists who are paid pursuant to this Award in place immediately
before the commencement of this Award will continue to be recognised as Staff
Specialists for the purpose of this Award.
"Senior Specialist" means a person who:
(a) has been employed by the Employer on the maximum salary
provided by this Award or the Award for a Specialist for a period of at least
three years; and/or
(b) has gained such experience and attained such ability in
his/her specialty which is acceptable to the Employer after consideration by
the Medical Appointments Advisory Committee of the employer to justify
appointment to the classification; and
(c) is appointed to a position having such duties and
responsibilities as are deemed by the Employer to require the services of a
Senior Specialist.
3. Issue Resolution
(a) All parties
must:
(i) use their best endeavours to co-operate in order to avoid
grievances and disputes arising between the parties or between the Employer and
individual Staff Specialists; and
(ii) abide by the procedures set out in this clause to resolve
any issue which might arise; and
(iii) place emphasis on negotiating a settlement of any issue at
the earliest possible stage in the process.
(b) In this clause,
"issue" means any question, issue, grievance, dispute or difficulty
which might arise between the parties about the interpretation, application or
operation of this Award.
(c) The following
procedures will be facilitated by the earliest possible advice by one party to
the other of any issue or problem which may give rise to a grievance or
dispute.
(d) Any issue must
be discussed in the first instance by the Staff Specialist and his or her
immediate supervisor.
(e) If the issue is
not resolved within a reasonable time it must be referred by the Staff Specialist's
immediate supervisor to the Chief Executive (however called) of the relevant
Public Health Organisation (or his or her nominee). Discussions at this level
must take place and be concluded within a reasonable time or such extended
period as may be agreed.
(f) If the issue
remains unresolved the Staff Specialist may request the Federation to then
confer with the Chief Executive of the Public Health Organisation or his/her
nominee. The conclusions reached by those representatives must be reported to
the parties involved in the grievance/dispute within a reasonable time or such
extended period as may be agreed.
(g) If these
procedures are exhausted without the issue being resolved, either party may
seek to have the matter mediated by an agreed third party being:
(i) by
way of preference, a person who is not employed as a Staff Specialist by the
Employer and who has a knowledge of Staff Specialist arrangements, including
this Award; or
(ii) a suitably qualified mediator.
If the matter remains unresolved either party may then:
refer the matter to the
Secretary of the NSW Ministry of Health; or
refer the matter in accordance
with the provisions of the Industrial
Relations Act 1996 (NSW) to the Industrial Relations Commission for its
assistance in resolving the issue.
(h) The parties
agree that normal work will continue and there will be no stoppages of work or
any other bans or limitations on the performance of work while these procedures
are being followed. Unless agreed otherwise by the parties, the status quo
before the emergence of the issue must continue whilst these procedures are
being followed. For this purpose, "status quo" means the work
procedures and practice in place:
(i) immediately before the issue arose; or
(ii) immediately before any change was made to those procedures
or practices which caused the issue to arise.
(i) The
Employer must ensure that all practices applied during the operation of these
procedures are in accordance with safe working practices.
(j) Throughout all
stages of these procedures adequate records must be kept of all discussions.
4. Normal Duties
Part A - General
(a) Normal Duties
will be worked for:
(i) Not
less than 40 hours per week; or
(ii) 10 sessions
per week
over five days per week.
(b) The Normal
Duties hours set out in (a) above may be averaged over
(i) four
days per week; or
(ii) a longer roster period
as agreed between the Staff
Specialist and the Employer, and specified in the Staff Specialist’s
performance agreement.
(c)
(i) With
the exception of Staff Specialists working in accordance with paragraph (d)
below, Normal Duties will be worked within the span of hours of 7.00 am to 6.00
pm Monday to Friday inclusive.
(ii) Where Normal
Duties hours are averaged over a roster period longer than 1 week as provided
for in (b) above, Normal Duties may be worked Monday to Sunday inclusive.
(d) Shift Work
(i) Staff
Specialists who are employed in a specialty or category specified in Part C,
Schedule 3 to this Award may be required to undertake shiftwork
as part of their Normal Duties as specified in (a) or (b) above. This shiftwork may comprise day or evening shifts.
(ii) For Staff
Specialists working shift work, Normal Duties will be worked within the span of
hours of 7.00 am to midnight Monday to Sunday inclusive;
(iii) For Staff
Specialists who undertake shiftwork, the normal
rostered duties hours will be paid at ordinary time plus the appropriate
penalty rate:
hours worked between 6.00 pm
and midnight Monday to Friday - 12.5%;
hours worked between 7.00 am
and midnight Saturday - 50%;
hours worked between 7.00 am
and midnight Sunday - 75%; and
all hours worked on Public
Holidays - 150%.
The penalty rate will be calculated on the Staff
Specialist’s salary as set in Part B, Schedule 1 - Rates of Pay of this Award
plus the Special Allowance and Level 1 Private Practice Allowance specified in
the Salaried Senior Medical Practitioners Determination, as varied from time to
time.
(iv) Additional
specialties or categories may be included in Part C, Schedule 3 to this Award
from time to time by agreement between the Federation and the Secretary of the
NSW Ministry of Health. If agreement cannot be reached, either party may make
application to the Industrial Relations Commission for a variation to Part C,
Schedule 3.
(e) Staff
Specialists will be available for reasonable on call and recall duties outside
of Normal Duties.
Part B - Normal
Duties Roster Changes
(a) When developing
rosters for Normal Duties in accordance with the provisions of clause 4, Normal
Duties of the Award, the Employer will ensure that:
(i) Staff
specialists are consulted and regard is to be given to any family, carer or
other personal and professional concerns and responsibilities identified by the
staff specialist to ensure, where practicable, that the staff specialist is not
adversely affected and that alternative arrangements can be made if possible
(e.g. change of child care or outside practice arrangements); and
(ii) the principal
outcome of changes to rosters is to maximise the effective delivery of clinical
services by ensuring that senior medical staff are rostered to work Normal
Duties at times and at places that most effectively meet the service delivery
needs and operational requirements; and
(iii) rosters identify the general nature of the work to be
performed on each shift (clinical/direct patient care, administrative,
teaching, research or quality improvement) and the facility at which the shift
is to be worked.
(b) On call rosters
and responsibilities should align with Normal Duties roster days wherever
practicable.
(c) Wherever
practicable, the usual pattern of Normal Duties will be consistent from one
roster period to the next.
(d) Notice Periods
(i) Wherever
possible, the following notice periods will apply to changes to the Normal
Duties roster:
3 months notice of an ongoing
change; or
1 months notice of short-term
change (e.g. to cover a planned absence or one-off event);
(ii) These
provisions do not prevent the Employer from varying the roster of Normal Duties
at short notice in an emergency, in response to an unplanned event or to cover
an unplanned absence.
(e) Shifts are to
be shared equally amongst the staff specialists unless otherwise agreed.
Part C -
Transition Arrangements for Implementation of clause 4, Normal Duties
(a) Staff
Specialists employed at the time of making this Award will continue to work in
accordance with the rostering arrangements in place at that time for a period
of 6 months, unless a shorter transitional period is agreed between the
Employer and Staff Specialists.
(b) During this
6-month period, the Employer and Staff Specialists will work co-operatively to
review the existing Normal Duties rostering arrangements and, where necessary,
develop new Normal Duties rosters in accordance with the principles set out in
the Normal Duties Roster Changes clause.
4A.
Multiple Assignments
(a) Multiple
assignments exist when an employee has more than one position under this Award
within the NSW Health Service. Each of these positions are
referred to in this clause as "assignments".
(b) The employee
can only enter into a multiple assignment where the subsequent assignment is at
the same grade and level within the Award.
(c) Where an
employee has multiple assignments, the employee will progress from one
increment (year step) to the next increment in accordance with clause 5(c) and
(d) and clause 13(f).
Multiple Assignments within a single Public Health
Organisation
(d) The following
provisions apply to employees with two or more assignments within a single
Public Health Organisation:
(i) The
work performed in each of an employee’s assignments shall be aggregated for the
purposes of determining all of the employee’s entitlements under this
Award.
Hours of Duty
(ii) The combined
total number of ordinary hours worked under an employee’s multiple assignments
will be in accordance with the provisions of clause 4, Normal Duties, Part A -
(General).
(iii) Where the
combined total number of ordinary hours worked under an employee’s multiple
assignments is equivalent to those set out in clause 4, Normal Duties Part A -
(General) they will be considered as a full time employee for the purposes of
the Award and:
(iv) Where
the combined total number of ordinary hours worked under an employee’s multiple
assignments is less than those set out in (d) (ii) of this subclause, the
provisions of clause 13, Part Time Employment and Arrangements shall apply.
Leave
(v) All ordinary
hours worked by an employee in multiple assignments shall count towards
determining the employee’s leave entitlements.
(vi) Employees
with multiple assignments shall be entitled to take all forms of leave in any
of their assignments. That is, leave
accrued by an employee through work performed in one assignment, can be taken
by that employee in their other assignment/s. Service in all assignments will
be recognised for the purposes of subclause (b) of clause 19, Sick Leave.
(vii) Where an
employee’s combined total number of ordinary hours worked in their multiple
assignments is equivalent to those set out in (d)(ii)
of this subclause, the additional leave shall accrue from both assignments in
accordance with the provisions of subclause 17A, Annual Leave.
(viii) Service in all
assignments will be recognised for the purposes of entitlements under clause
22, Maternity, Adoption and Parental Leave.
(ix) Where an
employee’s assignment is terminated but the employee remains employed under
another full time or part time assignment, all leave credits will be transferred
to the remaining assignments. The employee shall not be paid out the monetary
value of the annual leave or long service leave accrued in the terminated
assignment.
Disclosures, Notifications and Approvals
(x) Employees must,
at the time they apply for any second or further assignment, disclose in
writing that they are already employed by NSW Health and provide details of
that assignment including:
1. the
position/s currently held
2. the
facility in which the existing position/s are worked
3. the
classification/s under which they are engaged in each position
4. the
number of ordinary hours worked in each position
5. any
regular additional hours that is worked in each position
6. whether
the position/s is worked according to a set roster and if so, the details of
that roster arrangement; and
(xi) Prior to
accepting an offer for a second or further assignment, employees must provide
to their current manager details of that proposed assignment including:
1. the
position they have applied for
2. the
facility in which the proposed new assignment is to be worked
3. the
classification under which they would be engaged in the new assignment
4. the
number of ordinary hours to be worked in the proposed assignment
5. whether
the position is to be worked according to a set roster and if so, the details
of that roster arrangement.
(xii) A Public Health
Organisation may elect on reasonable grounds to withhold the approval of a
second or further assignment to employees who are already employed in another assignment.
(xiii) Before accepting
any change in roster or undertaking additional hours that will impact on
another assignment, employees who hold multiple assignments must notify their
current manager of the details of their next shift in either assignment. Managers must not change rosters or require
employees to work additional hours where these will impact on the employee’s
roster in the other assignment without first consulting the manager of the
other assignment/s. (By way of example, if an employee is requested by Manager
1 in Assignment 1 to undertake additional hours in Assignment 1 that may impact
on the roster in Assignment 2, the employee must notify Manager 1 of the
impact. Manager 1 must not change rosters/hours
that impact on Assignment 2 without first consulting Manager 2.)
Multiple Assignments Across
Different Public Health Organisations
(e) Assignments in
different Public Health Organisations will be regarded as entirely separate for
all purposes under the Award, including the accrual and taking of leave. The
only exceptions are the provisions of subclause (c) of this clause (regarding
incremental progression) and:
(i) At
the time an employee commences an assignment in another Public Health
Organisation the employee’s accrued leave will be apportioned across their
assignments (for example, a 0.6 full time equivalent Staff Specialist who
commences another 0.4 full time equivalent assignment in another Public Health
Organisation will have 60% of their leave accruals allocated to the former
assignment and 40% to the latter assignment) unless prior to commencing the new
assignment the employee elects that this apportioning does not occur. After this apportioning, leave accrues
separately in each assignment, based on the hours worked in each assignment.
The employer will notify the employee of their right to make this election
prior to the apportioning taking place.
(ii) Employees who
have multiple assignments across different Public Health Organisations at the
time this clause was inserted into this award may elect to apportion their
accrued leave across their assignments.
(iii) Service in all
assignments will be aggregated for the purposes of calculating long service
leave entitlements under the Award.
(iv) Service
in all assignments will be recognised for the purposes of entitlements under
clause 22, Maternity, Adoption and Parental Leave.
(v) Service in all
assignments will be recognised for the purposes of entitlements of Family and
Community Services Leave as provided in clause 20.
(vi) Where
an employee terminates an assignment, any leave credits that are held against
that assignment will be transferred to the remaining assignment/s.
(vii) Where an
employee has three or more assignments, one or more of which are in different
Public Health Organisations, subclause (d) of this clause shall apply to those
assignments which are within a single Public Health Organisation.
Changes to the composition of Public Health Organisations
(f) The employer
and the Union agree to review this clause in the event that the boundaries of
any Public Health Organisation change.
(g) Where any
change to the boundaries of any Public Health Organisation causes an employee’s
multiple assignments to which subclause (d) of this clause previously applied
to then be subject to subclause (e) of this clause, subclause (d) of this
clause shall continue to apply (to the exclusion of subclause (e) of this
clause) to those assignments until one of them is terminated.
5. Salary
(a) A full-time
Staff Specialist will be paid the salary as set out in Schedule 1 of Part B -
Monetary Rates of this Award.
(b) A Postgraduate
Fellow will be paid the salary as set out in Schedule 1, Part B - Monetary
Rates of this Award.
(c) A Staff
Specialist will progress to the next incremental step on the anniversary date
of his/her commencement as a Staff Specialist pursuant to clause 2,
Definitions.
(d) This clause
does not preclude the Employer, at the Employer's sole discretion:
(i) initially appointing a Staff Specialist to a higher step
within the Staff Specialist range; or
(ii) accelerating a Staff Specialist through the steps within the
Staff Specialist range irrespective of the length service.
Such accelerated progression does not include the
Senior Specialist rate, which can only be accessed by appointment to a Senior
Specialist position, in accordance with the definition in clause 2 of this
Award.
(e) The weekly rate
will be ascertained by dividing the annual salary by 52.17857.
(f) The hourly rate
for calculation of penalty rates will be 1/40th of the weekly rate.
(g) Except as
provided for elsewhere in this Award and other relevant industrial instruments,
the salary set out in Part B, Schedule 1 - Rates of Pay of this Award will be
full compensation for all aspects and hours of work.
6. Salary Sacrifice -
Definition
For the purposes of clauses 7, 8, 9, 10 "salary
sacrifice" means the reduction in legally payable salary and allowances in
exchange for benefits provided by the Employer.
7. Salary Sacrifice
In this clause ‘superannuable
salary’ means the Staff Specialist’s salary as notified from time to time to
the New South Wales public sector superannuation trustee corporations as per
the relevant superannuation legislation governing the fund, or, in respect of Staff
Specialists who elect to have contributions made to a non
public sector superannuation scheme, ‘superannuable
salary’ means the Staff Specialist’s salary that would have been notified from
time to time to the New South Wales public sector superannuation trustee
corporations but for the Staff Specialist’s election to have contributions made
to a non public sector superannuation scheme.
(a) Subject to the
other provisions of this clause, Staff Specialists may salary sacrifice from
the range of benefits the Secretary of the NSW Ministry of Health and
Federation agree upon from time to time.
(b) Salary
sacrifice arrangements must be formalized by an agreement between the Staff
Specialist and the employer.
(c) The salary
sacrifice agreement must be prospective, that is, the agreement must be made
prior to the commencement of the period of service to which the earnings
relate.
(d) Subject to
Australian Taxation Law, the sacrificed amount of superannuable
salary will reduce the Staff Specialist’s remuneration subject to appropriate
PAYE taxation deductions by the amount sacrificed.
(e) The fringe
benefits tax on the benefits chosen by the Staff Specialist that would have
been payable except for the public hospital fringe benefit exemption status,
will be calculated for each Staff Specialist who enters into a salary sacrifice
arrangement. This amount will be divided equally between the Employer and the
Staff Specialist.
(f) Any fringe
benefits tax applicable to the benefits packaged by a Staff Specialist will be
deducted from the total amount sacrificed in that Staff Specialist’s salary
sacrifice agreement.
(g) The
administration cost of each salary sacrifice agreement will be shared equally
by the Employer and the participating Staff Specialist. The Staff Specialist’s
share will be deducted from the total amount sacrificed in that Staff
Specialist’s salary sacrifice agreement.
(h) Subject to
clause 9, the total amount sacrificed in any salary sacrifice agreement may be
up to 100% of the Staff Specialist’s superannuable
salary.
(i) Any
allowance, payment for unused leave entitlements, weekly workers’ compensation
or other payment, other than any payment for leave taken in service, to which a
Staff Specialist is entitled under this Award or applicable Act or statute
which is expressed to be determined by reference to a Staff Specialist’s
salary, shall be calculated by reference to the salary and allowances which
would have applied to the Staff Specialist in the absence of any salary
sacrifice arrangements made pursuant to this Award.
(j) Any pre-tax or
post-tax payroll deductions must be taken into account prior to determining the
amount of available salary to be sacrificed. Such payroll deductions may
include but are not limited to superannuation payments, HECS payments, child
support payments, judgement debtor/garnishee orders, union fees, and private
health fund membership fees.
8. Salary Sacrifice
for Superannuation
(a) In this clause
‘superannuable salary’ means the Staff Specialist’s
salary as notified from time to time to the New South Wales public sector
superannuation trustee corporations as per the relevant superannuation
legislation governing the fund, or, in respect of Staff Specialists who elect
to have contributions made to a non public sector
superannuation scheme, ‘superannuable salary’ means
the Staff Specialist’s salary that would have been notified from time to time
to the New South Wales public sector superannuation trustee corporations but
for the Staff Specialist’s election to have contributions made to a non public sector superannuation scheme.
(b) Consistent with
the provisions of clause 7, Salary Sacrifice, a Staff Specialist may elect,
subject to the agreement of the Staff Specialist’s employer, to sacrifice a
part or all of his/her superannuable salary to
additional employer superannuation contributions. Such election must be made
prior to the commencement of the period of service to which the earnings
relate. Subject to clause 9, the amount sacrificed may be up to 100% of the superannuable salary.
(c) Where the Staff
Specialist has elected to sacrifice a part or all of that superannuable
salary to additional employer superannuation contributions:
(i) Subject
to Australian Taxation Law, the sacrificed amount of superannuable
salary will reduce the Staff Specialist’s remuneration subject to appropriate
PAYE taxation deductions by the amount sacrificed; and
(ii) Any allowance,
payment for unused leave entitlements, weekly workers’ compensation, or other
payment, other than any payment for leave taken in service, to which a Staff
Specialist is entitled under this Award or any applicable Act or statute which
is expressed to be determined by reference to a Staff Specialist’s salary,
shall be calculated by reference to the salary and allowances which would have
applied to the Staff Specialist in the absence of any salary sacrifice
arrangements made pursuant to this Award.
(d) The Staff
Specialist may elect to have the amount of superannuable
salary which is sacrificed to additional superannuation contributions:
(i) paid into the superannuation scheme established under the First State Superannuation Act 1992 as
optional employer contributions; or
(ii) subject to the employer’s agreement, paid into a private
sector complying superannuation scheme as employer superannuation
contributions.
(e) Where a Staff
Specialist elects to salary sacrifice in terms of subclause (d) above, the
employer will pay the specified amount into the relevant superannuation fund.
(f) Where the Staff
Specialist is a member of a superannuation scheme established under:
(i) the Police Regulation
(Superannuation) Act 1906;
(ii) the Superannuation Act
1916;
(iii) the State Authorities
Superannuation Act 1987;
(iv) the State Authorities
Non-Contributory Superannuation Act 1987; or
(v) the First State
Superannuation Act 1992.
The Staff Specialist’s employer must ensure that the
amount of any additional employer superannuation contributions specified in
subclause (a) above is included in the Staff Specialist’s superannuable
salary which is notified to the New South Wales public sector superannuation
trustee corporations.
(g) Where, prior to
electing to sacrifice a part or all of his/her superannuable
salary to superannuation, a Staff Specialist had entered into an agreement with
the employer to have superannuation contributions made to a superannuation fund
other than a fund established under legislation listed in subclause (f) above,
the employer will continue to base contributions to that fund on the superannuable salary to the same extent as applied before
the Staff Specialist sacrificed that amount of salary to superannuation. This
clause applies even though the superannuation contributions made by the
employer may be in excess of the superannuation guarantee requirements after
the salary sacrifice is implemented.
(h) Any pre-tax and
post-tax payroll deductions must be taken into account prior to determining the
amount of available salary to be sacrificed. Such payroll deductions may
include but are not limited to superannuation payments, HECS payments, child
support payments, judgement debtor/garnishee orders, union fees and private
health fund membership fees.
9. Limitation on the
Amount to be Sacrificed
If a Staff Specialist sacrifices under both clauses 7 and 8,
the total amount to be sacrificed may be up to 100% of the superannuable
salary.
10. Exclusions
For the individuals named in Part C, Schedule 1 to this
Award, the provisions of clauses 6, 7, and 9 will be applied with certain
modifications, while they remain in the positions they occupy as at 22 October
1999. The details of the modifications are set out in Schedule 1 of Part C -
Other Matters of this Award. Those individuals who move to new positions or who
elect to be removed from Schedule 1, Part C Other Matters will be entitled to
the provisions of clauses 6, 7, and 9 without modification and will have no
right of reversion to the previous provisions.
11. Managerial
Allowance
(a) It is an
expectation that a certain level of management responsibility is an essential
part of the duties of a Staff Specialist.
(b) In addition to
the salaries prescribed by this Award, a Staff Specialist required by the
Employer to undertake additional responsibilities specifically associated with
the management of a unit, department or service shall be paid an additional
allowance as set out in Schedule 2 of Part B to this Award.
(c) To be eligible
for payment of this allowance, the additional management responsibilities will
include direct line responsibility for a unit, department or service and
involvement in a number of, but not necessarily all, of the following:
(i) cost centre management including budget
preparation and management of allocated budget
(ii) participation in planning and policy development
(iii) responsibility for the co-ordination of research, training
or teaching programs
(iv) membership and participation in senior executive management
teams
(d) The Managerial
Allowance at the Level 1 rate is payable to Staff Specialists who satisfy the criteria
in (c) and who are specifically required by the Employer to undertake these
additional managerial responsibilities. It is expected that a Staff Specialist
receiving a Level 1 allowance will as a minimum perform human resource
management responsibilities which include the direct supervision of staff
(including other Staff Specialists, Career Medical Officers and Junior Medical
Officers where staff from these classifications are in the unit, service or
department being managed), allocation of duties, approval of staff rosters,
implementation of the provisions of clause 12, Performance Agreement in respect
of other Staff Specialists in the unit, service or department being managed,
monitoring of hours worked and other performance management matters. It is also
expected that a Staff Specialist receiving a Level 1 allowance will be
responsible for ensuring that quality improvement and clinical governance
activities are implemented.
(e) The Managerial
Allowance at the Level 2 rate is payable to those Staff Specialists satisfying
the criteria in (c) and (d) who, in the assessment of the Employer, have
significant additional managerial responsibilities involving multiple units,
services or departments, e.g. Divisional
responsibility.
(f) The Managerial
Allowance at the Level 3 rate is payable to those Staff Specialists who, in
addition to satisfying the criteria in (e), have a level of managerial
responsibility deemed by the Employer to require an allowance at the Level 3
rate, e.g. Area-wide responsibility. It is recognised that managerial
responsibilities at this level may not involve the duties at a Department or
unit level outlined in (d).
(g) The Managerial
Allowances are not cumulative and are only payable for the period in which the
Staff Specialist has been allocated the additional managerial responsibilities
by the Employer.
(h) Managerial
allowances may be withdrawn with one month’s notice by the Employer if it
determines that it no longer requires the Staff Specialist to undertake the
relevant managerial responsibilities. This subclause does not apply to Staff
Specialists who have been appointed to a position where the managerial duties
for which the allowance is paid are an intrinsic part of the substantive
position.
(i) The
Managerial Allowances shall be paid during paid absences on approved leave, on
termination of employment including voluntary redundancy (on the basis of pro
rata the annual amount for each week of paid leave) and for superannuation.
(j) The Employer
may direct a Staff Specialist, as a condition of receiving the managerial
allowance, to attend training intended to support and improve management skills
and competencies.
12. Performance
Agreement
(a) Each full-time
and part-time Staff Specialist will have a written annual Performance Agreement
developed jointly by the Staff Specialist and his/her designated supervisor and
signed by the Chief Executive (however called) of the relevant Public Health
Organisation or his or her nominee. The standard format to be used for performance
agreements is annexed to this Award.
(b) The Performance
Agreement will be developed and completed within one month of the offer of a
draft performance agreement. A Staff Specialist who at the time of making of
this Award does not have a written Performance Agreement, will develop and
complete a Performance Agreement within one month of the offer of a draft
performance agreement.
(c) In the event
that agreement is not reached within a further 2 weeks, the matter must be
resolved in accordance with the provisions of clause 3, Issues Resolution of
this Award.
(d) The Staff
Specialist and his/her designated supervisor will jointly review the Staff
Specialist’s performance under the Performance Agreement once in each 12 month
period. Each review is to include an evaluation of the Staff Specialist’s level
of achievement of any specified service improvement objectives which are agreed
between the Staff Specialist and his/her supervisor.
(e) A Performance
Agreement will include, but not necessarily be limited to, the following:
Details of the time and place that
the normal duties are to be worked.
The nature of work to be performed
during normal duties, (whether that is clinical, teaching, administrative,
research, quality improvement or other activities).
The anticipated on call frequency and roster.
Any specific call back requirements.
Private billing expectations for
Level 1 Staff Specialists.
Any agreement on the amount of time
that the Staff Specialist will be released from Normal Duties e.g. to undertake
college and other professional association activities.
Where appropriate, any financial, activity targets or
health targets.
Specific commitments and standards
from the Employer for the provision of clinical support, including staff,
equipment, facilities and billing.
Expectations in respect of management
responsibilities, quality improvement and clinical governance activities, post
graduate and undergraduate teaching activities, continuing education, research,
health outcomes.
Any part-time working arrangement in
accordance with clause 13 of this Award or outside practice approvals in
accordance with clause 15 of this Award.
(f) The parties
agree that clinical, research, teaching,
administrative, quality improvement and managerial duties are important aspects
of the Normal Duties of a staff specialist. The allocation of time to perform
these duties will form part of the performance agreement process and be
reviewed as part of the performance agreement review process.
13. Part-Time
Employment and Arrangements
(a) Staff
Specialists covered by this Award may, with the approval of the Employer, work
part-time with the Employer by entering into a written Part-time Working
Arrangement which may be varied from time to time by agreement.
(b) The minimum
period of work under a part-time working arrangement is 0.1 full-time equivalent (FTE).
(c) Part-time
Working Arrangements can either be on an on-going basis or for a fixed term
(with subsequent return to full-time hours for permanent Staff Specialists).
The type of working arrangement must be specified in the Part-time Working
Arrangement and if the arrangement is for a fixed term, then the period of time
must also be specified.
(d) Transfer from
an on-going Part-time Working Arrangement to full-time employment, or early
termination of a fixed term Part-time Working Arrangement (with consequential
return to full-time employment for permanent Staff Specialists) must be by
agreement between the Staff Specialist and the Employer and recorded in
writing.
(e) A Staff
Specialist employed under a Part-time Agreement pursuant to this clause will be
entitled to accrue all entitlements including salary on a proportionate basis
to a Staff Specialist employed on a full-time basis.
(f) A Staff
Specialist who works pursuant to a Part-time Agreement will progress to the
next incremental step every 12 months from the date of the Staff Specialists
commencement of employment, provided the work
performed by the Staff Specialist extraneous to the Part-time Agreement is commensurate
with the experience of a full-time Staff Specialist and is acceptable to the
Employer. This subclause does not preclude accelerated progression.
(g) Staff
Specialists employed pursuant to a Part-time Working Arrangement must
participate in the on-call roster to a reasonable extent. The on-call
obligations of part-time Staff Specialists will be, wherever practicable,
aligned to the part-time Staff Specialist’s normal duties.
(h) In determining
reasonable on-call rosters for part-time Staff Specialists, consideration
should be given to the level of on-call participation applicable to full-time
and part-time Staff Specialists on the same on-call roster.
(i) A
Staff Specialist is required to provide a minimum notice period of three months
when requesting the Employer’s approval to reduce from full-time to part-time
employment, or to reduce a fractional appointment. The Employer may consider a
lesser period of notice of the request where pressing personal circumstances
apply.
14. Work Location
(a) Subject to the
provisions of this clause, a Staff Specialist may be required by the Employer
to work at any of the hospitals, institutions or other health services
conducted by the relevant public health organisation.
(b) Before a
requirement under subclause (a) above is made, the Employer will ensure that:
(i) the Staff Specialist is consulted in regard to the proposal
to require work at another location;
(ii) the duties are consistent with the Staff Specialist’s area
of specialty, expertise and seniority and the Labour Flexibility clause of this
Award;
(iii) the travel requirements are reasonable having regard to:
(1) the number of work locations,
(2) the frequency of attendance at each work location,
(3) the distance of
those work locations from the Staff Specialist’s place of residence at the time
the Staff Specialist accepted his/her offer of appointment as a Staff
Specialist, and
(4) the travelling time normally involved in attending the place
of work at the time of making this Award;
(iv) while it is
generally expected that Staff Specialists will not be required to provide
services at more than two locations, in particular specialties, geographic
circumstances or networking arrangements, Staff Specialists may be required to
provide services at more than two locations;
(v) a Staff
Specialist required to work at another location will have access to the same
parking arrangements as those provided to other Staff Specialists at that
location and shall be reimbursed by the Employer for any additional parking
fees or road tolls paid as a consequence of working at more than one location;
(vi) where on call
duties are rostered, the Staff Specialist is capable of returning to the
workplace within a reasonable timeframe for an emergency call back (a change of
the Staff Specialist’s place of residence does not exempt the Staff Specialist
from the on call obligations established at the time of his or her appointment
or the obligations in place at the time of the making of this Award);
(vii) wherever practicable, on-call obligations are aligned to the
Staff Specialist’s normal duties. There shall be no additional on call
obligations placed upon a Staff Specialist by reason of any requirement arising
from this clause. In determining on-call rosters, consideration should be given
to the level of on-call participation of other Staff Specialists on the same
on-call roster;
(viii) the letter of appointment and/or the performance agreement
will specify the locations where the Staff Specialist will be required to
provide services. Where the Employer requires a Staff Specialist to commence
work at an additional location not specified in the letter of
appointment/annual performance agreement, the Employer will give 3 months notice;
(ix) regard is given to any family, carer or other personal
responsibilities identified by the Staff Specialist so as to minimise any
potential adverse impacts on those responsibilities;
(x) a Staff
Specialist required to work at another location will not be financially
disadvantaged in regard to drawings, accounting fees for partnerships and
reimbursement of medical indemnity payments made from the No.1 Account, as a
result of any such requirement;
(xi) the relevant factors for determining financial disadvantage
will be:
(1) Drawings -
percentage of maximum drawings paid to the Staff Specialist averaged over the
last three full financial years (or for Staff Specialists where three years
comparison is not available, such lesser periods as may be available by way of
comparison) prior to the date on which the requirement to work at another
location came into effect;
(2) Accounting fees
for partnerships - the accounting fees for partnerships reimbursement received
by or paid on behalf of the Staff Specialist, relative to her/his partnership
share, averaged over the last three full financial years (or for Staff
Specialists where three years comparison is not available, such lesser periods
as may be available by way of comparison) prior to the date on which the
requirement to work at another location came into effect; and
(3) Medical
indemnity payments - percentage of indemnity reimbursement received by or paid
on behalf of the staff specialist relative to the amount claimed where any
differential is as a result of insufficient funds available in the No.1
Account, averaged over the last three full financial years (or for Staff
Specialists where three years comparison is not available, such lesser periods
as may be available by way of comparison) prior to the date on which the
requirement to work at another location came into effect.
Where financial disadvantage occurs in relation to
drawings, accounting fees for partnerships and medical indemnity reimbursement
in accordance with these comparators, the Employer will provide supplementary
funding to fully alleviate the financial disadvantage.
The supplementary funding, when provided, will be for
an initial period of five years. At the conclusion of the five year period, the
supplementary funding may be continued by approval of the Secretary of the NSW
Ministry of Health.
(xii) adequate resources are made available to the Staff
Specialist at the additional work location;
(xiii) the next annual performance review process will be the means
of determining whether non-clinical time should be changed as a result of the
requirement to work at another location;
(xiv) reporting lines are clearly specified for each location at
which the Staff Specialist is required to work;
(xv) the requirement for a staff specialist to work at another
location will not impose an unreasonable workload on the staff specialists
remaining at the primary work location.
(c) In the event
that a Staff Specialist is required to work at an additional location and the
Staff Specialist contends that the requirement is unreasonable and/or would
have a harsh or unfair impact, the Staff Specialist may invoke the Issue
Resolution clause of this Award.
(d) These
arrangements in no way proscribe the Employer’s capacity to direct a Staff
Specialist to temporarily work at a location other than the Staff Specialist’s
primary work location or locations where there is an emergency situation,
subject to the Employer considering any personal circumstances that may be
raised by the Staff Specialist.
15. Outside
Practice and Other Business Activities
(a) A full-time
Staff Specialist must seek the Employer’s approval to engage in medical
practice, paid employment or other business activities otherwise than with the
Employer.
(b) Any such
approval must be in writing, may be time limited, and must not conflict with
the Staff Specialist’s commitments to the Employer or obligations under the
Code of Conduct issued by the Ministry of Health as varied from time to time.
(c) Details of the
proposed outside practice commitments, including the location, employer (if
any), working times, duration of work, and any on-call commitments must be
included in the request for approval.
(d) Part-time staff
specialists must notify the Employer of any outside practice (including
services provided for another public health organisation or Division of the NSW
Health Service). Where the Employer has identified a conflict of interest, or a
significant risk of a conflict of interest or conflict with the employer’s duty
of care arising, and the staff member refuses to cease, or to make necessary
adjustments to, his or her outside practice, the Employer may take action to
resolve the conflict consistent with any applicable Ministry policies and the
Code of Conduct as varied from time to time.
(e) Subject to any
commercial arrangement, a Staff Specialist is not to use any of the Employer’s
staff or property for activities associated with any outside practice they may
undertake.
(f) No outside
practice is to be performed by a Staff Specialist during the span of hours
designated for the performance of normal duties as applicable to him or her.
16. Postgraduate
Fellow
(a) Appointment as
a post-graduate fellow will be limited to one year with eligibility for
re-appointment on an annual basis for a maximum of 3 years unless there is
specific agreement between the individual and the Employer for a lesser period.
(b) Remuneration
will be as outlined in Schedule 1 of Part B - Monetary Rates of this Award.
(c) Post-graduate
fellows will be entitled to all other provisions of this Award as if they were
appointed as a Staff Specialist, except for salary.
17. Annual Leave and
Annual Leave Loading
A. Annual Leave
(a) All Staff
Specialists shall be allowed 5 weeks annual leave on full pay in respect of
each 12 months service with the Employer plus 1 day on full pay in respect of
each public holiday occurring within the period of such leave.
(b) Staff
Specialists who are employed in a specialty or category specified in Part C,
Schedule 3 to this Award and who are required to work on Sundays during a
qualifying period of employment for annual leave purposes shall be entitled to
receive additional annual leave in respect of each shift so worked as follows:
if 30 or more Sunday shifts
have been worked - one week;
if less than 30 have been
worked - leave proportionately calculated on the basis of 40 hours leave for 30
such shifts worked.
(c) Annual leave
shall be given and shall be taken within a period of 6 months after the date
when the right to the annual leave accrued; provided that the giving and taking
of the whole or any separate period of such annual leave may, by mutual
agreement between the Employer and the Staff Specialist be postponed for a
further period not exceeding 6 months.
(d) If the Staff
Specialist and the Employer so agree, the annual leave or any such separate
period may be taken wholly or partly in advance, before the Staff Specialist
has become entitled to that leave, but where leave is taken in such
circumstances a further period of annual leave shall not commence to accrue
until the expiration of the 12 months in respect of which the annual leave or
part thereof has been so taken.
(e) Except as
provided by this clause, payment shall not be made by the Employer to a Staff
Specialist in lieu of any annual leave or part thereof nor shall any such
payment be accepted by the Staff Specialist.
(f) Subject to the
provisions of the New South Wales Annual
Holidays Act 1944, the Staff Specialist and the Employer should determine a
mutually agreeable date from which annual leave is to be taken and unforseen circumstances excepted,
agreement should be reached two months prior to the commencement of the annual
leave.
(g) The Employer
shall pay each Staff Specialist before entering upon annual leave
his/her salary for the period of leave if requested by the Staff Specialist,
otherwise, the payment will be made in the usual pay period.
(h) Where the
employment of a Staff Specialist is terminated, the Staff Specialist shall be
entitled to receive proportionate payment for each completed month of service
at the salary which such Staff Specialist is entitled under this Award.
(i) Where
the annual holiday under this clause or any part thereof has been taken in
advance by a Staff Specialist pursuant to subclause (d) of this clause, and
(i) the
employment of the Staff Specialist terminates before he/she has completed the
year of employment in respect of which such annual holiday or any part was
taken; and
(ii) the sum paid by
the Employer to the Staff Specialist as ordinary pay for the annual holiday or
any part so taken in advance exceeds the sum which the Employer is required to
pay to the Staff Specialist under subclause (g) of this clause;
the Employer shall not be
liable to make any payment to the Staff Specialist under the said subclause
(g), and shall be entitled to deduct the amount of such excess from any
remuneration payable to the Staff Specialist upon the termination of the
employment.
B. Entitlement to
Annual Leave Loading or Shift Allowances and Weekend Penalties
(a) Staff
Specialists who become entitled to and take annual leave pursuant to Part A of
this clause, shall be paid ordinary salary plus either:
(i) an
annual leave loading in respect of that entitlement equivalent to 17.5% of four
weeks ordinary salary, not exceeding the amount equivalent to 17.5% of four
weeks ordinary salary for maximum salary of Clerk Grade 12 under the provisions
of the Crown Employees (Administrative and Clerical Officers - Salaries 2007)
Award varied from time to time; or
(ii) in the case of
a Staff Specialist employed in a specialty or category specified in Part C,
Schedule 3 to this Award who would have earned shift allowances and/or weekend
penalties in excess of the amount of annual leave loading indicated in
subclause (a) (i) above, had he/she not taken annual
leave; those shift allowances and weekend penalties relating to the ordinary
time the Staff Specialist would have earned had he/she not taken annual leave
(provided that shift allowances and weekend penalties shall not be payable for
public holidays which occur during a period of annual leave).
(b) In respect of a
Staff Specialist who becomes entitled to take annual leave pursuant to
subclause (a) of Part B of this clause, and takes that annual leave in broken
periods; both the annual leave loading and the maximum amount referred to in
subclause (a)(i) of Part B
of this clause are to calculated pro rata for the broken period being taken in
the same proportion as the period being taken bears to four weeks. The
resultant amount of annual leave loading calculated for the broken period of
annual leave, not exceeding the maximum amount calculated for the same broken
period, is to be paid to the Staff Specialist in addition to ordinary salary
for the period.
(c) In respect of a
Staff Specialist employed in a specialty or category specified in Part C,
Schedule 3 of this Award, who becomes entitled to take annual leave pursuant to
Part A of this clause, and who takes that annual leave in broken periods, the
entitlement to annual leave loading and the maximum amount are to be calculated
in the same way as indicated in subclause (b) of Part B of this clause, for the
period of annual leave being taken compared with the ordinary time shift
allowances and weekend penalties the Staff Specialist would have earned had
he/she not taken the annual leave (provided that shift allowances and weekend
penalties shall not be payable for public holidays which occur during the
period of annual leave), and the greater of either the calculated annual leave
loading (not exceeding the calculated maximum amount) or ordinary time shift
allowances and weekend penalties is to be paid to the Staff Specialist in
addition to ordinary salary for the period.
(d) The entitlement
to annual leave loading or shift allowances and weekend penalties referred to
in subclauses (a), (b) and (c) of Part B of this clause are to be calculated
and paid at the same time as the annual leave is paid.
(e) Annual leave
loading is to calculated at the rate of ordinary salary payable when the annual
leave is taken (except provided for in subclause (f) of Part B of this clause),
and excludes allowances, penalty or disability rates, commission, bonuses or
incentive payments etc. Where the ordinary rate payable changes effective from
a date falling within a period of annual leave, the changed rate is to be taken
into account, and if necessary, adjustments calculated and corrections to pay
made.
(f) No annual
leave loading is payable to a Staff Specialist who takes annual leave wholly or
partly in advance of becoming entitled to such annual leave, except if his/her
employment continues until the day he/she would have become entitled to take
such annual leave, in which case the loading then becomes payable on that day
(calculated on rates applicable on that day) in respect of the period/s of
annual leave already taken wholly or partly in advance. Staff specialists
employed in a specialty or category specified in Part C, Schedule 3 of this
Award already paid ordinary time shift allowances and weekend penalties in
respect of annual leave taken wholly or partly in advance are not eligible to
be paid annual leave loading under this subclause.
(g) No annual leave
loading or shift allowances and weekend penalties are payable to a Staff
Specialist who is paid the monetary value of annual leave to his/her credit on
resignation (not including retirement).
(h) Upon retirement
of a Staff Specialist or upon termination by the Employer of a Staff Specialist
for any reason other than misconduct, the Staff Specialist shall be paid annual
leave loading on that annual leave which he/she had become entitled to take
that the loading would have applied to had the annual leave been taken.
(i) In
respect of that additional annual leave accrued by virtue of being rostered to
work and working ordinary hours shifts on Sundays pursuant to subclause (b) of
Part A of this clause, no annual leave loading is payable. Staff specialists
employed in a specialty or category specified in Part C, Schedule 3 of this
Award are to be paid, in addition to ordinary salary for such annual leave
period/s the ordinary time shift allowances and weekend penalties the Staff
Specialist would have earned had he/she not taken the annual leave (provided
that shift allowances and weekend penalties shall not be payable for public
holidays which occur during the period of annual leave).
C. Pay out of
Additional Accrued Annual Leave
(a) The provisions
of subclauses 17(A)(a) and 17(A)(b) above entitle Staff Specialists to paid
annual leave additional to that available under clause 3(1)(b) of the Annual Holidays Act 1944, which is four
weeks paid leave per annum. A Staff Specialist entitled to such additional paid
annual leave can elect at any time to be paid an amount equivalent to the value
of accrued additional annual leave in lieu of taking the additional leave. This
can include additional annual leave accrued through recognised prior service in
a classification other than as a Staff Specialist, provided that such leave is
additional to that available under clause 3(1)(b) of
the Annual Holidays Act 1944.
(b) Such salary for
the period of additional leave paid out will be calculated in the manner
detailed at subclause (g) below.
(c) A Staff
Specialist electing to be paid an amount equivalent to the value of such
accrued additional annual leave in lieu of taking the additional leave shall
make such request in writing, which for this purpose can include electronic
requests.
(d) Each election
for cashing in additional leave shall be by way of a separate request. Payment shall be made provided the request is
received by the employer with a minimum of four weeks’ notice, with the payment
being effected on the next usual pay day for that employee following the conclusion
of such minimum notice.
(e) An election to
cash in additional leave is purely at the volition of the Staff Specialist.
(f) The amount of
accrued additional annual leave to be cashed in will be at the discretion of
the requesting Staff Specialist, who may nominate a number of hours or days or
weeks. Such nomination will be for a minimum of 40 hours/ five days/one week of
additional annual leave.
(g) Payment of
accrued additional annual leave shall occur as follows:
(i) Staff
Specialists Level 1
Cashing in is at the rate that would have been
otherwise payable if the annual leave was actually taken. This rate is the
applicable salary as set out in Part B, Schedule 1 - Salary Rates of this
Award, plus the Special Allowance and the Level 1 Private Practice Allowance
specified in the Staff Specialists Determination, as varied from time to time.
Such payment will include those additional components
considered salary for all purposes e.g. Managerial Allowance; Emergency
Physician Allowance where payable to the Staff Specialist.
(ii) Staff
Specialists Levels 2 and 3
Cashing in is at the rate determined by the applicable
salary as set out in Part B, Schedule 1 - Salary Rates of this Award, plus the
Special Allowance, and the relevant Level 2 or Level 3 Private Practice
Allowance specified in the Staff Specialists Determination, as varied from time
to time, but does not include any drawing rights payable pursuant to the rights
of private practice provisions of the Staff Specialists Determination.
Such payment will include those additional components
considered salary for all purposes e.g. Managerial Allowance, where payable to
the Staff Specialist.
(iii) Staff
Specialists Levels 4 and 5
Cashing in is at the rate determined by the applicable
salary as set out in Part B, Schedule 1 - Salary Rates of this Award, plus the
Special Allowance, as varied from time to time, but does not include any
drawing rights payable pursuant to the rights of private practice provisions of
the Staff Specialists Determination.
Such payment will include those additional components
considered salary for all purposes e.g. Managerial Allowance, where payable to
the Staff Specialist.
18. Long Service Leave
(a) Entitlement and
Accrual
(i) After
service for 7 years or more but not more than 10 years, a Staff Specialist is
entitled to Long Service Leave, proportionate to his or her length of service,
calculated at the rate of 2 months on full pay for 10 years served.
(ii) After service
for more than 10 years, a Staff Specialist is entitled to Long Service Leave
under subclause (i) above in respect of the first 10
years and additional long service leave, proportionate to his or her length of
service, calculated at the rate of 5 months on full pay for each 10 years
served after the first 10 years.
(b) Definition of
Service
(i) For
the purposes of this clause:
(1) service shall mean continuous service with the Employer (as
defined by this Award),
(2) continuous service shall have the same meaning as in
Schedule 2 of the Government Sector Employment Regulation 2014,
(3) prior government service will be recognised in accordance
with the provisions outlined in Schedule 2 of the Government Sector Employment
Regulation 2014.
(ii) Broken periods
of service with the Employer in one or more public health organisations shall
count as service.
(iii) Service shall
not include any period of leave without pay except in the case of Staff
Specialists who have completed at least ten years service
(any period of absence without pay being excluded there from) in which case
service shall include any period of leave without pay not exceeding 6 months
taken after 22 August 1972.
(c) Taking Long
Service Leave
(i) A
staff specialist with an entitlement to long service leave may elect to access
such entitlement:
(1) on full pay;
(2) on half pay; or
(3) on double pay.
(ii) When a Staff
Specialist takes long service leave, the leave entitlement will be deducted on
the following basis:
(1) a period of leave on full pay - the number of days so taken;
(2) a period of leave on half pay - half the number of days so
taken; or
(3) a period of leave on double pay - twice the number of days
so taken.
(iii) If a public
holiday occurs whilst a Staff Specialist is taking long service leave and the
Staff Specialist would have otherwise worked on that day but for the public
holiday, the amount of long service leave to be deducted is to be reduced by
the public holiday.
(iv) Long
Service Leave shall be taken at a time mutually arranged between the Employer
and the Staff Specialist.
(d) Payment on
Termination
(i) On
the termination of employment of a Staff Specialist with an entitlement to long
service leave, otherwise than by his/her death, the Employer will pay the Staff
Specialist the monetary value of all long service leave accrued and not taken
at the date of such termination and such monetary value shall be determined
according to the salary payable to the Staff Specialist at the date of such
termination.
(ii) Where a Staff
Specialist who has acquired a right to long service leave, or after 5 years and
less than seven years service, dies, the Staff
Specialist’s estate shall be entitled to receive the monetary value of the
leave not taken or which would have accrued to such Staff Specialist had
his/her services been terminated as referred to in subclause (d)(i) of this clause, and such monetary value shall be
determined according to the salary payable to the Staff Specialist at the time
of his/her death.
(iii) Where the
services of a Staff Specialist with at least 5 years service
but less than seven years service, are terminated by
the Employer for any reason other than the Staff Specialist's serious and
wilful misconduct, or by the Staff Specialist on account of illness, incapacity
or domestic or other pressing necessity, he/she shall be entitled to be paid a
proportionate amount for long service leave on the basis of 2 months long
service leave for 10 years service.
(e) Preservation
of Rights to Long Service Leave
(i) Rights
to long service leave under this clause shall be in replacement of rights to
long service leave, if any, which at the commencement of this Award may have
accrued or may be accruing to a Staff Specialist and shall apply only to
persons in the employ of the Employer on or after the date of commencement of
this Award.
(ii) Where a Staff
Specialist has been granted long service leave or has been paid its monetary
value prior to the date of commencement of this Award, the Employer shall be
entitled to debit such leave against any leave to which the Staff Specialist
may be entitled pursuant to this clause.
(f) Accrual of
other entitlements whilst on long service leave
(i) During
a period of long service leave on half pay, a Staff Specialist will continue to
accrue at the full-time equivalent rate except for annual leave that will
accrue at the rate of 50%.
(ii) During a
period of long service leave on double pay, a Staff Specialist will continue to
accrue at the full-time equivalent rate including annual leave which will
accrue at the single time rate.
19. Sick Leave
A full-time Staff Specialist shall be entitled to sick leave
on full pay calculated by allowing ten working days for each year of continuous
service less any sick leave on full pay already taken, subject to the following
conditions;
(a) the Employer may require the sickness to be certified to by
a legally qualified medical practitioner approved by the Employer or may
require other satisfactory evidence of the sickness.
(b) a Staff Specialist shall not be entitled to sick leave until
after 3 months' continuous service.
(c) a Staff
Specialist shall not be entitled to sick leave on full pay for any period in
respect of which such Staff Specialist is entitled to workers' compensation;
provided, however, that the Employer shall pay to a Staff Specialist who has a
sick leave entitlement under this clause the difference between the amount
received as workers' compensation and full pay. The Staff Specialist's sick
leave entitlement under this clause shall, for each week during which such
difference is paid, be reduced by that proportion of 1 week which the
difference paid bears to full pay.
(d) for the
purposes of this clause "service" means service in any of the
positions covered by this Award, provided that any person who was employed by
the Employer immediately prior to becoming a Staff Specialist in any position
covered by this Award shall be entitled to add to his/her service under this
Award the service that he/she has had under any other award/agreement covering
his/her employment by the Employer provided that Staff Specialists who are
employed by the Employer at the date of the commencement of this Award shall
retain to their credit until exhausted, any accumulation of sick leave to their
credit immediately prior to such date, and provided further that such credit is
not less than the entitlement otherwise prescribed by this clause.
(e) The Employer
shall not terminate the services of a Staff Specialist, except on the grounds
of misconduct, during the currency of any period of paid sick leave unless an
agreed independent registered medical practitioner certifies that a Staff
Specialist is fit to continue in employment and the Staff Specialist refuses to
resume duty.
(f) If a dispute
arises as to whether a Staff Specialist is fit to continue in employment, such
dispute shall be addressed in accordance with clause 3, Issue Resolution.
(g) An employee who
ceases employment in one public health organisation and within two months of
the last day of service commences employment in another public health
organisation does not lose any accrued but untaken sick leave.
20. Family and
Community Services Leave
(a) General
(i) For
the purpose of this clause relating to FACS leave:
"relative" means a
person related by blood, marriage or affinity;
"affinity" means a
relationship that one spouse because of marriage has to blood relatives of the
other; and
"household" means a
family group living in the same domestic dwelling.
(ii) The
appropriate Chief Executive or authorised delegate may grant FACS leave to a
Staff Specialist:
(1) to provide care and/or support for sick members of the Staff
Specialist’s relatives or household; or
(2) for reasons
related to the family responsibilities of the Staff Specialist (e.g. to arrange
and or attend a funeral of a relative; to accompany a relative to a medical
appointment where there is an element of emergency; parent/teacher meetings;
education week activities; to meet elder-care requirements of a relative); or
(3) for reasons
related to the performance of community service by the Staff Specialist (e.g.
in matters relating to citizenship; to office holders in local government,
other than as a mayor, for attendance at meetings, conferences or other
associated duties; representing Australia or the State in major amateur sport
other than in Olympic/Commonwealth Games); or
(4) in a case of pressing necessity (e.g. where a Staff
Specialist is unable to attend work because of adverse weather conditions which
either prevent attendance or threaten life or property; the illness of a relative;
where a child carer is unable to look after their charge).
(iii) FACS leave
replaces compassionate leave.
(iv) A
Staff Specialist is not to be granted FACS leave for attendance at court to
answer a criminal charge, unless the Chief Executive or authorised delegate
approves the grant of leave in the particular case.
Applications for FACS leave to attend court, for
reasons other than criminal charges, will be assessed on an individual basis.
(b) Entitlement
(i) The
maximum amount of FACS leave on full pay that may be granted to a Staff
Specialist is:
(1) 3 working days
during the first year of service, commencing on and from 1 January 1995, and
thereafter 6 working days in any period of 2 years; or
(2) 1 working day,
on a cumulative basis effective from 1 January 1995, for each year of service
after 2 years’ continuous service, minus any period of FACS leave already taken
by the Staff Specialist since 1 January 1995,
whichever method provides the
greater entitlement.
(ii) FACS leave is
available to part-time Staff Specialists on a pro rata basis, based on the
percentage of the full-time salary the Staff Specialist receives.
(c) Additional FACS
leave for bereavement purposes
Where FACS leave has been exhausted, additional FACS
leave of up to 2 days for bereavement may be granted on a discrete, "per
occasion" basis to a Staff Specialist on the death of a relative or member
of a household as defined in subclause (a) (i) of
this clause.
(d) Use of other
leave entitlements
The appropriate Chief Executive or authorised delegate
may grant a Staff Specialist other leave entitlements for reasons related to
family responsibilities or community service of the Staff Specialist.
A Staff Specialist may elect, with the consent of the
Employer, to take annual leave; long service leave; or
leave without pay.
20A.
Family Violence Leave
(a) For the purpose
of this clause, family violence means domestic violence as defined in the Crimes (Domestic and Personal Violence) Act
2007. The violence may have been reported to the police and/or may be the
subject of an Apprehended Violence Order.
(b) An employee
experiencing family and domestic violence can utilise Award leave entitlements
provided for in Sick Leave and Family and Community Services Leave provisions
of the Award.
(c) Where leave
entitlements to Sick Leave and Family and Community Services Leave are
exhausted, the employer will grant up to five days per year of paid special
leave to attend legal proceedings, counselling, appointments with a medical or
legal practitioner and relocation and safety activities directly associated
with alleviating the effects of family and domestic violence. This leave
entitlement does not accumulate from year to year.
(d) Upon exhaustion
of the paid leave entitlement, an employee may request further periods of
unpaid leave, for the same activities for which paid leave would be available.
(e) To access paid
and unpaid leave, the employee must provide the employer with evidence, to the
employer’s satisfaction, substantiating the purpose of the leave and that the
leave is related to alleviating the effects of family violence. The employer
may accept a variety of agreed documentation in support of an application for
leave. Supporting documentation may be presented in the form of an agreed
document issued by the Police Force, a Court, a doctor, a Family Violence
Support Service or a lawyer.
(f) Matters related
to family violence can be sensitive. Information collected by the employer will
be kept confidential. No information relating to the details of the family
violence will be kept on an employee’s personnel file without their express
permission. However, records about the use of family violence leave will need
to be kept.
(g) The employer,
where appropriate, may facilitate flexible working arrangements subject to
operational requirements. This may include changes to working times and
locations, telephone numbers and email addresses.
(h) The employer
will co-operate with all legal orders protecting an employee experiencing domestic
violence.
21. Personal/Carer’s
Leave
(a) Use of sick
leave to care for the person concerned - definitions
A person who needs the Staff Specialist’s care and
support is referred to as the "person concerned" and is:
(i) a spouse of the Staff Specialist; or
(ii) a de facto
spouse, who, in relation to a person, is a person of the opposite sex to the
first mentioned person who lives with the first mentioned person as the husband
or wife of that person on a bona fide domestic basis although not legally
married to that person; or
(iii) a child or an adult child (including an adopted child, a
step child, a foster child or an ex nuptial child), parent (including a foster
parent and legal guardian), grandparent, grandchild or sibling of the Staff
Specialist or spouse or de facto spouse of the Staff Specialist; or
(iv) a same sex
partner who lives with the Staff Specialist as the de facto partner of that
Staff Specialist on a bona fide domestic basis; or
(v) a relative of
the Staff Specialist who is a member of the same household, where for the
purpose of this clause relating to Personal/Carer’s Leave:
"relative" means a
person related by blood, marriage or affinity;
"affinity" means a
relationship that one spouse because of marriage has to blood relatives of the
other; and
"household" means a
family group living in the same domestic dwelling.
(b) Use of sick
leave to care for the person concerned - entitlement
(i) The
entitlement to use sick leave in accordance with this subclause is subject to:
(1) the Staff Specialist being responsible for the care and
support of the person concerned; and
(2) the person concerned being as defined in subclause (a) of
this clause.
(ii) A Staff
Specialist with responsibilities in relation to a person who needs their care
and support shall be entitled to use the untaken sick leave, from that year’s
annual sick leave entitlement, to provide care and support for such persons
when they are ill.
(iii) Sick leave
accumulates from year to year. In addition to the current year’s grant of sick
leave available under (ii) above, sick leave untaken from the previous 3 years
may also be accessed by a Staff Specialist with responsibilities in relation to
a person who needs their care and support.
(iv) The
Chief Executive or authorised delegate may, in special circumstances, make a
grant of additional sick leave. This grant can only be taken from sick leave
untaken prior to the period referred to in subclause (iii) above.
(v) The Staff
Specialist shall, if required, establish, either by production of a medical
certificate or statutory declaration, that the illness
of the person concerned is such as to require care by another person.
(vi) The
Staff Specialist has the right to choose the method by which the ground for
leave is established, that is, by production of either a medical certificate or
statutory declaration.
(vii) The Staff
Specialist is not required to state the exact nature of the relevant illness on
either a medical certificate or statutory declaration.
(viii) The Staff
Specialist shall, wherever practicable, give the Employer notice prior to the
absence of the intention to take leave, the name of the person requiring care
and that person’s relationship to the Staff Specialist, the reasons for taking
such leave and the estimated length of absence. If it is not practicable for
the Staff Specialist to give prior notice of absence, the Staff Specialist
shall notify the Employer by telephone of such absence at the first opportunity
on the day of absence.
(ix) In normal circumstances,
the Staff Specialist must not take leave under this part where another person
has taken leave to care for the same person.
(c) Use of other
leave entitlements
A Staff Specialist may elect, with the consent of the
Employer, to take:
(i) annual
leave, including annual leave not exceeding 10 days in single day periods or
part thereof, in any calendar year at a time or times agreed by the parties. A
Staff Specialist and the Employer may agree to defer payment of the annual
leave loading in respect of single day absences, until at least 5 consecutive
annual leave days are taken. A Staff Specialist may elect with the Employer’s
agreement to take annual leave at any time within a period of 24 months from
the date at which it falls due.
(ii) long service leave; or
(iii) leave without pay for the purpose of providing care and
support to the person concerned as defined in subclause (a) of this clause.
(d) Use of make-up
time
(i) A
Staff Specialist may elect, with the consent of the Employer, to work
"make-up time". "Make-up time" is worked when the Staff
Specialist takes time off during ordinary hours for family or community service
responsibilities, and works those hours at another time, during the spread of
normal duties hours defined in clause 4 of this Award, at the ordinary rate of
pay.
(ii) A Staff
Specialist on shift work may elect, with the consent of the Employer, to work
"make-up time" (under which the Staff Specialist takes time off
during ordinary hours and works those hours at another time) at the applicable
shift work rate which would have been applicable to the hours taken off.
22. Maternity,
Adoption and Parental Leave
A. Maternity Leave
(a) Eligibility
To be eligible for paid maternity leave a full-time or
part-time Staff Specialist must have completed at least 40 weeks continuous
service prior to the expected date of birth.
A Staff Specialist who has once met the conditions for
paid maternity leave will not be required to again work the 40 weeks continuous
service in order to qualify for a further period of paid maternity leave,
unless-
(i) there
has been a break in service where the Staff Specialist has been re-employed or
re-appointed after a resignation, medical retirement, or after her services
have been otherwise dispensed with: or
(ii) the Staff Specialist has completed a period of leave without
pay of more than 40 weeks. In this context, leave without pay does not include
sick leave without pay, maternity leave without pay, or leave without pay
associated with an illness or injury compensable under the Workers' Compensation Act 1987.
(b) Portability of
Service for Paid Maternity Leave
Portability of service for paid maternity leave
involves the recognition of service in government sector agencies for the
purpose of determining a Staff Specialist's eligibility to receive paid
maternity leave. For example, where a Staff Specialist moves between a public
service department and a public hospital, previous continuous service will be
counted towards the service prerequisite for paid maternity leave.
When determining a Staff Specialist's eligibility for
paid maternity leave, continuous service with an organisation that is part of
the government sector as defined in the Government
Sector Employment Act 2013 will be recognised, provided that:
(i) service was on a full-time or part-time basis:
(ii) cessation of service with the former government sector
agency was not by reason of dismissal on any ground, except retrenchment or
reduction of work;
(iii) the Staff Specialist commences duty with the Employer within
two months of ceasing employment with the former government sector agency.
Where there is such a break in service, such break will not be counted as
service for the purpose of calculating any prior service prerequisite for paid
maternity leave.
(c) Entitlement to
Paid Maternity Leave
An eligible Staff Specialist is entitled to fourteen
weeks at the ordinary rate of pay from the date maternity leave commences. This
leave may commence up to fourteen weeks prior to the expected date of birth.
It is not compulsory for a Staff Specialist to take
this period off work. However, if a Staff Specialist decides to work during the
nine weeks prior to the date of birth it is subject to the Staff Specialist
being able to satisfactorily perform the full range of normal duties.
Paid maternity leave may be paid:
on a normal fortnightly basis;
or
in advance in a lump sum; or
at the rate of half pay over a
period of twenty-eight weeks on a regular fortnightly basis.
Annual and/or long service leave credits can be
combined with periods of maternity leave on half pay to enable a Staff
Specialist to remain on full pay for that period.
(d) Unpaid
Maternity Leave
(i) Full-time
and part-time Staff Specialists who are entitled to paid
maternity leave are entitled to a further period of unpaid maternity leave of
not more than 12 months after the actual date of birth.
(ii) Full-time and
part-time Staff Specialists who are not eligible for paid maternity leave are
entitled to unpaid maternity leave of not more than 12 months.
(e) Applications
A Staff Specialist who intends to proceed on maternity
leave should formally notify the Employer of such intention as early as
possible, so that arrangements associated with her absence can be made.
Written notice of not less than eight weeks prior to
the commencement of the leave should accordingly be given. This notice must
include a medical certificate stating the expected date of birth and should
also indicate the period of leave desired.
(f) Variation after
Commencement of Leave
After commencing maternity leave, a Staff Specialist
may vary the period of her maternity leave once only without the consent of the
Employer by giving the Employer notice in writing of the extended period at
least fourteen days’ before the start of the extended period. The Employer may
accept less notice if convenient.
A Staff Specialist may extend the period of maternity
leave at any time with the agreement of the Employer.
The conditions relating to variation of maternity leave
are derived from Section 64 of the Industrial
Relations Act 1996.
(g) Staffing
Provisions
In accordance with obligations established by the Industrial Relations Act 1996 (Section
69) any person who occupies the position of a Staff Specialist on maternity
leave must be informed that the Staff Specialist has the right to return to her
former position. Additionally, since a Staff Specialist has the right to vary
the period of her maternity leave, offers of temporary employment should be in
writing, stating clearly the temporary nature of the contract of employment.
The duration of employment should be also set down clearly; to a fixed date or
until the Staff Specialist elects to return to duty, whichever occurs first.
(h) Effect of
Maternity Leave on Accrual of Leave, Increments etc.
When the Staff Specialist has resumed duties, any
period of full pay leave is counted in full for the accrual of annual leave,
sick leave and long service leave and any period of maternity leave on half pay
is taken into account to the extent of one half thereof when determining the
accrual of annual leave, sick leave and long service leave.
Except in the case of Staff
Specialists who have completed ten years' service the period of maternity leave
without pay does not count as service for long service leave purposes.
Where the Staff Specialist has completed ten years' service the period of
maternity leave without pay shall count as service provided such leave does not
exceed six months.
Maternity leave without pay does not count as service
for incremental purposes. Periods of maternity leave at full pay and at half
pay are to be regarded as service for incremental progression on a pro-rata
basis.
Where public holidays occur during the period of paid
maternity leave, payment is at the rate of maternity leave received i.e.,
public holidays occurring in a period of full pay maternity leave are paid at
full rate and those occurring during a period of half pay leave are paid at
half rate.
(i) Illness
Associated with Pregnancy
If, because of an illness associated with her pregnancy
a Staff Specialist is unable to continue to work then she can elect to use any
available paid leave (sick, annual and/or long service leave) or to take sick
leave without pay.
Where a Staff Specialist is entitled to paid maternity
leave, but because of illness, is on sick, annual, long service leave, or sick
leave without pay prior to the birth, such leave ceases nine weeks prior to the
expected date of birth. The Staff Specialist then commences maternity leave
with the normal provisions applying.
(j) Transfer to a
More Suitable Position
Where, because of an illness or risk associated with
her pregnancy, a Staff Specialist cannot carry out the duties of her position,
the Employer is obliged, as far as practicable, to provide employment in some
other position that she is able to satisfactorily perform. This obligation
arises from Section 70 of the Industrial
Relations Act 1996. A position to which a Staff Specialist is transferred
under these circumstances must be as close as possible in status and salary to
her substantive position.
(k) Miscarriages
In the event of a miscarriage any absence from work is
to be covered by the current sick leave provisions.
(l) Stillbirth
In the case of a stillbirth, (as classified by the
Registry of Births, Deaths and Marriages) a Staff Specialist may elect to take
sick leave, subject to production of a medical certificate, or maternity leave.
She may resume duty at any time provided she produces a doctor's certificate as
to her fitness.
(m) Effect of
Premature Birth on Payment of Maternity Leave
A Staff Specialist who gives birth prematurely and
prior to proceeding on maternity leave shall be treated as being on maternity
leave from the date leave is commenced to have the child. Should a Staff
Specialist return to duty during the period of paid maternity leave, such paid
leave ceases from the date duties are resumed.
(n) Right to Return
to Previous Position
In accordance with the obligations set out in Section
66 of the Industrial Relations Act
1996, a Staff Specialist returning from maternity leave has the right to resume
her former position.
Where this position no longer exists the Staff
Specialist is entitled to be placed in a position nearest in status and salary
to that of her former position and to which the Staff Specialist is capable or
qualified.
(o) Further
Pregnancy While on Maternity Leave
Where a Staff Specialist becomes
pregnant whilst on maternity leave a further period of maternity leave shall be
granted. If a Staff Specialist enters on the second period of maternity
leave during the currency of the initial period of maternity leave, then any
residual maternity leave from the initial entitlement ceases
A Staff Specialist who commences a subsequent period of
maternity leave while on unpaid maternity leave under subclause (d)(i) of Part A of this clause or subclause (a)(ii) of Part D
of this clause is entitled to be paid at their normal rate (i.e. the rate at
which they were paid before proceeding on maternity leave).
A Staff Specialist who commences a subsequent period of
maternity leave during the first 12 months of a return to duty on a part-time
basis as provided under subclause (a)(iii) of Part D of this clause is entitled
to be paid at their substantive full-time rate for the subsequent period of
maternity leave.
A Staff Specialist who commences a subsequent period of
maternity leave more than 12 months after returning to duty on a part-time
basis under subclause (a)(iii) of Part D of this clause, will be entitled to
paid maternity leave for the subsequent period of maternity leave at their
part-time rate.
B. Adoption Leave
(a) Eligibility
All full-time and part-time Staff Specialists who are
adopting a child and are to be the primary care giver of the child are eligible
for unpaid adoption leave.
To be eligible for paid adoption leave a full-time or
part-time Staff Specialist must also have completed at least 40 weeks
continuous service prior to the date of taking custody of the child.
A Staff Specialist who has once met the conditions of
paid adoption leave, will not be required to again work the 40 weeks continuous
service in order to qualify for further periods of paid adoption leave, unless
(i) there
has been a break in service where the Staff Specialist has been re-employed or
re-appointed after a resignation, medical retirement, or after their services
have been otherwise dispensed with; or
(ii) the Staff Specialist has completed a period of leave without
pay of more than 40 weeks. In this context, leave without pay does not include
sick leave without pay, maternity leave without pay, or leave without pay
associated with an illness or injury compensable under the Worker's Compensation Act 1987.
(b) Portability of
Service for Paid Adoption Leave
As per maternity leave conditions.
(c) Entitlement
(i) Paid
Adoption Leave
Eligible Staff Specialists are entitled to paid
adoption leave of fourteen weeks at the ordinary rate of pay from and including
the date of taking custody of the child.
Paid adoption leave may be paid:-
on a normal fortnightly basis;
or
in advance in a lump sum; or
at the rate of half pay over a
period of twenty-eight weeks on a regular fortnightly basis.
Annual and/or long service leave credits can be
combined with periods of adoption leave at half pay to enable a Staff
Specialist to remain on full pay for that period.
(ii) Unpaid Adoption
Leave
Eligible Staff Specialists are entitled to unpaid
adoption leave as follows:
where the child is under the
age of 12 months - a period of not more than 12 months from the date of taking
custody;
where the child is over the
age of 12 months and under 18 years old - a period of up to 12 months, such
period to be agreed upon by both the Staff Specialist and the employer.
(d) Applications
Due to the fact that a Staff Specialist may be given
little notice of the date of taking custody of a child, Staff Specialists who
believe that, in the reasonably near future, they will take custody of a child,
should formally notify the employer as early as practicable of the intention to
take adoption leave. This will allow arrangements associated with the adoption
leave to be made.
(e) Variation after
Commencement of Leave
After commencing adoption leave, a Staff Specialist may
vary the period of leave, once without the consent of the employer and
otherwise with the consent of the employer. A minimum of fourteen days’ notice
must be given, although the Employer may accept less notice if convenient.
(f) Staffing
Provisions
As per maternity leave conditions.
(g) Effect of
Adoption Leave on Accrual of Leave, Increments, etc.
As per maternity leave conditions.
(h) Right to return
to Previous Position
As per maternity leave conditions.
C. Parental Leave
(a) Eligibility
To be eligible for parental leave a full-time or
part-time Staff Specialist must have completed at least 40 weeks continuous
service prior to the expected date of birth or to the date of taking custody of
the child.
A Staff Specialist who has once met the conditions for
paid parental leave will not be required to again work the 40 weeks continuous
service in order to qualify for a further period of paid parental leave,
unless-
(i) there
has been a break in service where the Staff Specialist has been re-employed or
re-appointed after a resignation, medical retirement, or after their services
have been otherwise dispensed with: or
(ii) the Staff Specialist has completed a period of leave without
pay of more than 40 weeks. In this context, leave without pay does not include
sick leave without pay, maternity leave without pay, or leave without pay
associated with an illness or injury compensable under the Workers' Compensation Act 1987.
(b) Portability of
Service for Paid Parental Leave
As per maternity leave conditions.
(c) Entitlements
Eligible Staff Specialists
whose spouse or partner (including a same sex partner) is pregnant or is taking
custody of a child, are entitled to a period of leave not exceeding 52 weeks,
which includes one week of paid leave, and may be taken as follows:
(i) an
unbroken period of up to one week at the time of the birth of the child, taking
custody of the child or other termination of the pregnancy (short parental
leave), and
(ii) a further unbroken period in order to be the primary
caregiver of the child (extended parental leave).
(iii) The entitlement
of one week’s paid leave may be taken at anytime
within the 52 week period and shall be paid:
at the Staff Specialists ordinary rate of pay for a
period not exceeding one week on full pay, or
two weeks at half pay or the
period of parental leave taken, whichever is the lesser period.
(iv) Extended
parental leave cannot be taken at the same time as the Staff Specialist’s
spouse or partner is on maternity or adoption leave except as provided for in
subclause (a)(i) of Part D, Right to Request of this
clause.
Annual and/or long service leave credits can be
combined with periods of parental leave on half pay to enable a Staff
Specialist to remain on full pay for that period.
(d) Applications
A Staff Specialist who intends to proceed on parental
leave should formally notify their employer of such intention as early as
possible, so that arrangements associated with their absence can be made.
(i) In
the case of extended parental leave, the Staff Specialist should give written
notice of the intention to take the leave.
(ii) The Staff
Specialist must, at least four weeks before proceeding on leave, give written
notice of the dates on which they propose to start and end the period of leave,
although it is recognised in situations of taking custody of a child, little or
no notice may be provided to the Staff Specialist. In such an instance, the
Staff Specialist should notify the employer as early as practicable.
(iii) The Staff Specialist
must, before the start of leave, provide a certificate from a medical
practitioner confirming that their spouse or partner is pregnant and the
expected date of birth, or in the case of an adoption, an official form or
notification on taking custody of the child.
(iv) In
the case of extended parental leave, the Staff Specialist must, before
the start of leave, provide a statutory declaration by the Staff Specialist
stating:
(1) if applicable, the period of any maternity leave sought or
taken by his spouse, and
(2) that they are seeking the period of extended parental leave
to become the primary care giver of the child.
(e) Variation after
Commencement of Leave -
After commencing parental leave, a Staff Specialist may
vary the period of her/his parental leave, once without the consent of the
employer and otherwise with the consent of the employer. A minimum of fourteen
days’ notice must be given, although the Employer may accept less notice if
convenient.
(f) Effect of
Parental Leave on Accrual of Leave, Increments etc.
As per maternity leave conditions.
(g) Right to Return
to Previous Position
As per maternity leave conditions.
D. Right to
Request
(a) A Staff
Specialist entitled to maternity, adoption or parental leave may request the
Employer to allow the Staff Specialist:
(i) to extend the period of simultaneous maternity, adoption or
parental leave use up to a maximum of eight weeks;
(ii) to extend the
period of unpaid maternity, adoption or extended parental leave for a further
continuous period of leave not exceeding 12 months;
(iii) to return from a period of maternity, adoption or parental
leave on a part-time basis until the child reaches school age;
to assist the Staff Specialist
in reconciling work and parental responsibilities.
(b) The Employer
shall consider the request having regard to the Staff Specialist’s
circumstances and, provided the request is genuinely based on the Staff
Specialist’s parental responsibilities, may only refuse the request on
reasonable grounds related to the effect on the workplace or the Employer’s
business. Such grounds might include cost, lack of adequate replacement staff,
loss of efficiency and the impact on customer service.
(c) The Staff
Specialist’s request and the Employer’s decision made under subclauses (a)(ii) and (iii) must be recorded in writing.
(d) Where a Staff
Specialist wishes to make a request under subclause (a)(iii):
(i) the Staff Specialist is to make an application for leave
without pay to reduce their full-time weekly hours of work
(ii) such application must be made as early as possible to enable
the Employer to make suitable staffing arrangements. At least four weeks notice must be given;
(iii) salary and other conditions of employment are to be adjusted
on a basis proportionate to the Staff Specialist’s full-time hours of work i.e.
for long service leave the period of service is to be converted to the
full-time equivalent and credited accordingly.
(iv) Staff
Specialists who return from leave under this arrangement remain full-time Staff
Specialists.
E. Communication During Leave
(a) Where a Staff
Specialist is on maternity, adoption or parental leave and a definite decision
has been made to introduce significant change at the workplace, the Employer
shall take reasonable steps to:
(i) make
information available in relation to any significant effect the change will
have on the status or responsibility level of the position the Staff Specialist
held before commencing the leave; and
(ii) provide an opportunity for the Staff Specialist to discuss
any significant effect the change will have on the status or responsibility
level of the position the Staff Specialist held before commencing the leave.
(b) The Staff
Specialist shall take reasonable steps to inform the Employer about any
significant matter that will affect the Staff Specialist’s decision regarding
the duration of the leave to be taken, whether the Staff Specialist intends to
return to work and whether the Staff Specialist intends to request to return to
work on a part-time basis.
(c) The Staff
Specialist shall also notify the Employer of changes of address or other
contact details which might affect the Employer’s capacity to comply with
subclause (a).
NOTE:
(a) Where a
temporary Staff Specialist is entitled to parental leave under the Industrial Relations Act 1996, the
following provisions shall also apply in addition to those set out in the Act.
The Employer must not fail to re-engage a temporary
Staff Specialist because:
the Staff Specialist or Staff
Specialist’s spouse is pregnant; or
the Staff Specialist is or has
been immediately absent on parental leave.
The rights of the employer in relation to engagement
and re-engagement of temporary Staff Specialists are not affected, other than
in accordance with this clause.
(b) Liability for
Superannuation Contributions
During a period of unpaid maternity, adoption or
parental leave, the Staff Specialist will not be required to meet the
employer's superannuation liability.
22A.
Lactation Breaks
(a) This clause applies
to employees who are lactating mothers. A lactation break is provided for
breastfeeding, expressing milk or other activity necessary to the act of
breastfeeding or expressing milk and is in addition to any other rest period
and meal break as provided for in this Award.
(b) A full-time
employee or a part-time employee working more than four hours per day is
entitled to a maximum of two paid lactation breaks of up to 30 minutes each per
day or per shift.
(c) A part-time
employee working four hours or less on any day or shift is entitled to only one
paid lactation break of up to 30 minutes each per day or per shift worked.
(d) A flexible
approach to lactation breaks can be taken by mutual agreement between an
employee and their manager provided the total lactation break time entitlement
is not exceeded. When giving consideration to any such requests for
flexibility, a manager needs to balance the operational requirements of the
organisation with the lactating needs of the employee.
(e) The employer
shall provide access to a suitable, private space with comfortable seating for
the purpose of breastfeeding or expressing milk. Other suitable facilities,
such as refrigeration and a sink, shall be provided where practicable. Where it
is not practicable to provide these facilities, discussions between the manager
and the employee will take place to attempt to identify reasonable alternative
arrangements for the employee’s lactation needs.
(f) Employees
experiencing difficulties in effecting the transition from home based
breastfeeding to the workplace will have telephone access in paid time to a
free breastfeeding consultative service, such as that provided by the
Australian Breastfeeding Association’s Breastfeeding Helpline Service or the
Public Health System.
(g) Employees
needing to leave the workplace during time normally required for duty to seek
support or treatment in relation to breastfeeding and the transition to the
workplace may utilise sick leave or other leave in accordance with the award.
23. Telephones
A Staff Specialist required by the Employer to have a
telephone for the purposes of official duty at his/her home address shall, on
presenting an account relating to that telephone be reimbursed -
(a) three-quarters of the cost of the rental of the telephone;
and
(b) the cost of all official STD telephone calls or its
equivalent.
No payment for residential fixed telephone will be made
where the Employer has issued a mobile phone to the Staff Specialist (unless
the Staff Specialist resides in an area with no mobile phone coverage).
24. Office,
Secretarial and Administrative Support
Staff Specialists will have access to such office,
secretarial and administrative support as may be reasonably necessary to
undertake the requirements of the position.
25. Specialist Medical
Administrators
(a) Where the
Employer determines that Fellowship of the Royal Australian College of Medical
Administrators is an essential requirement for appointment to a position, the
holder of that position will be appointed as a Staff Specialist in accordance
with the arrangements set out below.
(b) Pursuant to
clause 5(c) of this Award, Staff Specialists appointed in accordance with this
clause will progress to the next incremental step, up to and including Year 5,
on the anniversary date of his/her commencement.
(c) Appointment or
progression to Senior Staff Specialist grade may occur when the Employer
requires the Staff Specialist to have duties and responsibilities:
(i) across an area health service; or
(ii) involving management of multiple services, units or
department across two (2) or more facilities.
(d) Specialist
Medical Administrators paid in accordance with this clause are not entitled to
the provisions of clause 11, Managerial Allowance.
(e) Except as
otherwise provided, Staff Specialists paid in accordance with this clause are
entitled to the terms and conditions of employment applicable to Staff
Specialists. Staff Specialists paid in accordance with this clause are not entitled to the terms and conditions of employment
applicable to medical superintendents.
26. Labour Flexibility
(a) The Employer
may direct a Staff Specialist to carry out such duties as are reasonable, and
within the limits of the Staff Specialist's skill, competence and training
consistent with his/her classification, grouping and/or career stream provided
that such duties are not designed to promote deskilling.
(b) The Employer
may direct a Staff Specialist to carry out such duties and use such equipment
as may be required provided that the Staff Specialist has been properly trained
or has otherwise acquired the necessary skills in the use of and equipment.
(c) Any direction
issued by the Employer pursuant to subclause (a) and (b) shall be consistent
with the Employer’s responsibilities to provide a safe and healthy work
environment.
27.
Anti-Discrimination
(a) 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.
(b) 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.
(c) Under the Anti-Discrimination Act 1977, it is
unlawful to victimise a Staff Specialist because the Staff Specialist has made
or may make or has been involved in a complaint of unlawful discrimination or
harassment.
(d) Nothing in this
clause is to be taken to affect:
(i) any conduct or act which is specifically exempted from
anti-discrimination legislation;
(ii) offering or providing junior rates of pay to persons 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 any State or federal jurisdiction.
(e) 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.
28. Underpayment and
Overpayment of Salaries
The following process will apply once the issue of
underpayment or overpayment is substantiated.
(a) Underpayment:
(i) If
the amount underpaid is equal to or greater than one day’s gross base pay the
underpayment will be rectified within three working days;
(ii) If the amount
underpaid is less than one day’s gross base pay it will be rectified by no
later than the next normal pay. However if the employee can demonstrate that
rectification in this manner would result in undue hardship every effort will
be made by the employer to rectify the underpayment within three working days.
(b) Overpayment
(i) In
all cases where overpayments have occurred, the employer shall as soon as
possible advise the employee concerned of both the circumstances surrounding
the overpayment and the amount involved. The employer will also advise the
employee of the pay period from which the recovery of the overpayment is to
commence.
(ii) One off overpayments
will be recovered in the next normal pay, except that where the employee can
demonstrate that undue hardship would result, the recovery rate shall be at 10%
of an employee's gross fortnightly base pay.
(iii) Unless the
employee agrees otherwise, the maximum rate at which cumulative overpayments
can be recovered is an amount, calculated on a per fortnight basis, equivalent
to 10% of the employee's gross fortnightly base pay.
(iv) The
recovery rate of 10% of an employee's gross fortnightly base pay referred to in
subclause (b) (iii) above may be reduced by agreement, where the employee can
demonstrate that undue hardship would result.
(v) Where an
employee's remaining period of service does not permit the full recovery of any
overpayment to be achieved on the fortnightly basis prescribed in subclause (b)
(iii) above, the employer shall have the right to deduct any balance of such
overpayment from monies owing to the employee on the employee's date of
termination, resignation or retirement, as the case may be.
29. Monthly Leave
Return
Each Staff Specialist is required to provide a signed
monthly leave return showing any leave taken in the previous month, to be
certified by the relevant unit or service manager or the relevant hospital
executive director/general manager.
30. Consultation
Regarding Change
(a) Where an
employer has made a definite decision to introduce changes in organisation,
structure, health service delivery, or technology that are likely to have
significant effects on employees covered by this Award, the employer shall
notify the Union and employees who may be affected by the proposed changes.
Discussions shall commence as soon as practicable after such decision has been
taken.
(b) "Significant
effects" includes:
i. termination of employment;
ii. major changes in the composition, operation or size of the
employer’s workforce or in the skills required;
iii. changes in employment and/or promotional opportunities or
job tenure for a class or group of employees;
iv. the alteration of hours of work for a class or group of
employees; or
v. the
need for training or transfer of a class or group of employees to other work or
location, and the restructuring of jobs.
(c) The employer
shall discuss with the employees affected and the Union, inter alia, the
introduction of the changes referred to in paragraph (a) above, the effects the
changes are likely to have on employees and any measures proposed by the
employer to avert or mitigate the adverse effects of such changes on employees,
and shall give prompt consideration to matters raised by the employees and/or
the Union in relation to the changes.
(d) For the purpose
of such discussion, the employer shall provide to the employees concerned and
the Union all relevant information about the changes including the nature of
the changes proposed and the expected significant effects of the changes on
employees. Provided that the employer shall not be required to disclose
confidential information, the disclosure of which would adversely affect the
employer, the Ministry of Health or the Secretary of the Ministry of Health ;
or is an exempt matter under the Government
Information (Public Access) Act 2009 (the GIPA Act).
(e) The provision
of communication during maternity, adoption or parental leave is in accordance
with subclause 22 E of this Award.
(f) With respect to
occupational health safety matters as referred to in the Work Health and Safety Act 2011, the provisions of that Act apply,
and specifically the provisions under Section 47, "Duty to consult
workers", as varied from time to time.
31. 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 2019 by a party to this Award.
32. Area, Incidence
and Duration
(a) This Award
takes effect from 1 July 2018 and shall remain in force for a period of one
year. The wage rates and allowances as outlined in the tables in Part B, Monetary
Rates will apply from the first full pay period on or after 1 July 2018.
(b) This Award
rescinds and replaces the Staff Specialists (State) Award made on 26 October
2017 and all variations thereof.
(c) This Award
shall apply to all Staff Specialists as defined in clause 2, Definitions, of
this Award.
PART B - MONETARY RATES
SCHEDULE 1 - STAFF SPECIALISTS SALARY RATES
Staff Specialist
|
Rates from first
pay period on or after 01/07/2018
|
|
$ per annum
|
1
|
166,493
|
2
|
176,229
|
3
|
185,959
|
4
|
195,718
|
5
|
205,456
|
Senior
|
224,937
|
Postgraduate fellow
|
193,399
|
SCHEDULE 2 - ALLOWANCES
Managerial
allowances
|
Rates from first
pay period on or after 01/07/2018
|
|
$ per annum
|
Level 1
|
23,093
|
Level 2
|
40,414
|
Level 3
|
57,733
|
PART C - OTHER MATTERS
SCHEDULE 1
SECTION A
1. List of
individuals
The following individuals shall be entitled to the
provisions of clauses 6, 7, and 9 of this Award with certain modifications, as
set out below
Dr Peter Gale
Dr David Kirkpatrick
Dr Garry Nieuwkamp
Dr Martin Pallas
Dr Philip Watt
Dr David York
2. Election
rights
(a) An individual
named in paragraph 1 above may elect to access either: -
Option 1 - the provisions set out in paragraph 3 below,
i.e. a modified form of the provisions of clauses 6, 7, and 9 of this Award; or,
Option 2 - on the condition that
he/she forfeits the right to his/her existing motor vehicle arrangement, the
provisions of clauses 6, 7, and 9 of this Award without modification.
(b) This election
may be exercised prior to each salary sacrifice review date.
(c) Subject
to:
(i) the conditions outlined in paragraph 3 below; and,
(ii) remaining in his/her current position (as at 22 October
1999); and,
(iii) retaining an entitlement to payment of the abnormal hours or
managerial allowance (as the case may be);
an individual who elects
Option 1 will be able to continue to trade the relevant allowance (abnormal
hours or managerial) for the provision of a motor vehicle for full private and
business use. This entitlement will not be considered to be part of the salary
sacrifice arrangements for the purposes of the calculation of the 50%.
(d) An individual
who elects to access Option 2 will have no right of reversion to the existing
motor vehicle arrangement The parties agree that such an individual will be
deemed to have had his/her name deleted from the list in paragraph 1 above
until such time as the Award is varied to reflect that election.
3. Modifications
If an individual elects Option 1 in paragraph 2 above he/she may access the provisions of clauses 6, 7 and 9 of
the Award subject to an additional contribution being made to the Employer in
accordance with the following.
Each individual who elects Option 1 in paragraph 2
above shall contribute an amount equivalent to 55% of the average FBT liability
for the motor vehicles provided as calculated for those individuals
participating in this option. Such calculation is to be based on the assumption
that each individual is packaging the maximum permissible FBT exempt amount.
This FBT calculation shall be made at the end of each FBT year and shall be
applied to contributions for the following year.
SECTION B
1. List of
individuals
The following individuals shall be entitled to the
provisions of clauses 6, 7, 8 and 9 of this Award with certain modifications,
as set out below.
Dr Richard Burstal
|
Dr Adarsh Gill
|
Dr William Saul
|
Dr Ross Kerridge
|
|
Dr Christopher Wake
|
2. Modifications
The individuals listed immediately above shall be
entitled to the provisions of clauses 6-9 of the Award. In addition, whilst
ever these individuals remain in their current positions (as at 22 October
1999) and retain an entitlement to payment of the abnormal hours allowance or
managerial allowance (as the case may be), they shall be entitled to continue
the current arrangements approved by the Secretary of the NSW Ministry of
Health under which they forego payment of the abnormal hours allowance or
managerial allowance (as the case may be), receive a motor vehicle under SES
provisions and pay the difference up to the SES motor vehicle contribution
rate. This entitlement is subject to payment of the full amount of fringe
benefits tax payable by SES officers, i.e. the FBT exemption will not be shared
between the Employer and the Staff Specialist. This entitlement will not be
considered to be part of the salary sacrifice arrangements for the purposes of
the calculation of the 50%.
SCHEDULE 2 - RECOGNISED AUSTRALASIAN SPECIALIST COLLEGES
Royal Australasian College of Surgeons
Royal Australasian College of Physicians
Adult Medicine Division
Australasian Chapter of Addiction Medicine
Australasian Chapter of Palliative Medicine
Australasian Chapter of Sexual Health Medicine
Australasian Faculty of Public Health Medicine
Australasian Faculty of Rehabilitation Medicine
Australasian Faculty of Occupational and Environmental
Medicine
Paediatrics and Child Health Division
Chapter of Community Child Health
Royal Australasian College of Medical Administrators
Royal Australian and New Zealand College of Obstetricians
and Gynaecologists
Royal Australian and New Zealand College of Ophthalmologists
Royal Australian and New Zealand College of Psychiatrists
Royal Australian and New Zealand College of Radiologists
Faculty of Radiation Oncology
Royal College of Pathologists of Australasia
Australian and New Zealand College of Anaesthetists
Faculty of Pain Medicine
Australasian College of Dermatologists
College of Intensive Care Medicine of Australia and New
Zealand
Australasian College for Emergency Medicine
Australasian College of Sports Physicians
SCHEDULE 3 - SPECIALTIES OR CATEGORIES OF POSITIONS COVERED BY CLAUSE 4
(D)
(i) Emergency
medicine
ANNEXURE
PRO FORMA STAFF SPECIALIST PERFORMANCE AGREEMENT
|
|
Name of Staff Specialist:
|
|
Name of Supervisor:
|
|
Date:
|
|
Work location(s):
|
|
Allocation of time at location(s):
|
Full-time or part-time:
|
|
Days on which normal duties are worked:
|
|
Nature of work to be performed during normal duties and
time allocated:
|
|
Clinical:
|
|
Teaching:
|
|
Administrative:
|
|
Research:
|
|
Quality improvement:
|
|
Other:
|
|
Part-time Working Arrangement (Yes/No): attach approval if
applicable
|
|
Outside practice (Yes/No): attach approval if applicable
|
|
Anticipated on call frequency and roster:
|
|
Any specific call-back requirements:
|
|
Agreed College or other professional association
activities (include estimate of time spent):
|
|
Billing expectations (Level 1 only):
|
(NB: categories of patients, clinics, etc., not financial
targets.)
|
|
Financial, activity or health targets (where appropriate):
|
|
|
Specific commitments and standards from the Employer for
the provision of:
|
|
Clinical Support:
|
|
|
|
Staff:
|
|
|
|
Equipment:
|
|
|
|
Facilities:
|
|
|
|
Billing:
|
|
|
Expectations in respect of:
|
Management responsibilities:
|
|
|
|
Quality improvement/clinical governance:
|
|
|
|
Teaching activities:
|
|
|
|
Continuing education:
|
|
|
|
Research:
|
|
|
|
Health outcomes:
|
|
|
Twelve month review:
|
Evaluation of level of achievement by supervisor:
|
|
|
|
|
Signature:
|
Comments by Staff Specialist:
|
|
|
|
Signature:
|
Signature of Chief Executive of the relevant public health
organisation (or his/her nominee)
|
|
Signature:
|
J.
V. MURPHY, Commissioner.
____________________
Printed by the authority of the Industrial Registrar.