Public Hospital Residential Services Assistants
(State) Award 2017
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by NSW
Ministry of Health.
(No. IRC {insert Matter No.} of {insert year})
Before Chief Commissioner Kite
|
29 June 2017
|
AWARD
PART A
Arrangement
Clause No. Subject Matter
1 Definitions
2 Salaries
3 Conditions
of Service
4 Dispute
Resolution
5 Anti-Discrimination
6 No Extra
Claims
7 Area,
Incidence and Duration
PART B - MONETARY RATES
Table 1 - Salaries
PART A
1. Definitions
Unless the context otherwise indicates or requires the
several expressions hereunder defined shall have the respective meanings
assigned to them:
"Employer" means the Secretary of the Ministry of
Health exercising employer functions on behalf of the Government of NSW (and
includes a delegate of the Secretary).
"Health Service" means a Local Health District
constituted under section 8 of the Health
Services Act 1997, a Statutory Health Corporation constituted under section
11 of that Act, and an Affiliated Health Organisation constituted under section
13 of that Act.
"Hospital" means a public hospital as defined in
section 15 of the Health Services Act
1997.
"Residential Services Assistant" means a person
other than a registered nurse, enrolled nurse or residential care nurse, who is
employed in the delivery of domestic services to clients in residential
settings conducted by or on behalf of hospitals or area health services, and
which are located either in the general community or in the grounds of
hospitals excepting any "off-campus" or "satellite" group
homes generated from the Weemala Unit of the Royal Rehabilitation Service.
"Union" means the Health Services Union NSW.
2. Salaries
Salaries for Residential Services Assistants shall be as set
out in Table 1 - Salaries, of Part B, Monetary Rates.
3. Conditions of
Service
The Health Employees’ Conditions of Employment (State)
Award, as varied or replaced from time to time, shall apply to all persons
covered by this Award.
In addition, the Health Industry Status of Employment
(State) Award, as varied or replaced from time to time, shall also apply to
relevant employees.
4. Dispute Resolution
The dispute resolution procedures contained in the said
Health Employees’ Conditions of Employment (State) Award, as varied or replaced
from time to time, shall apply.
5. Anti-Discrimination
(i) It is
intention of the parties bound by this Award to seek to achieve the object in
section 3(f) of the Industrial Relations
Act 1996 to prevent and eliminate discrimination in the workplace. This
includes discrimination on the grounds of race, sex, marital status,
disability, homosexuality, transgender identity, age and responsibilities as a
carer.
(ii) It follows
that in fulfilling their obligations under the dispute resolution procedure
prescribed by this Award the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this Award are not
directly or indirectly discriminatory in their effects. It will be consistent with the fulfilment of
these obligations for the parties to make application to vary any provision of
the Award which, by its terms or operation, has a direct or indirect discriminatory
effect.
(iii) Under the Anti-Discrimination Act 1977, it is
unlawful to victimise an employee because the employee has made or may make or
has been involved in a complaint of unlawful discrimination or harassment.
(iv) Nothing in
this clause is to be taken to affect:
(a) any conduct or
act which is specifically exempted from anti-discrimination legislation;
(b) offering or
providing junior rates of pay to persons under 21 years of age;
(c) any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination
Act 1977;
(d) a party to
this Award from pursuing matters of unlawful discrimination in any State or
Federal jurisdiction.
(v) This clause
does not create legal rights or obligations in addition to those imposed upon
the parties by the legislation referred to in this clause.
NOTES -
(a) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(b) Section 56(d)
of the Anti-Discrimination Act 1977
provides:
"Nothing in this Act affects ... any other act or
practice of a body established to propagate religion that conforms to the
doctrines of that religion or is necessary to avoid injury to the religious
susceptibilities of the adherents of that religion.
6. 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 2018 by a party to this
Award.
7. Area, Incidence and
Duration
(i) This Award
takes effect from the first full pay period on or after 1 July 2017 and shall
remain in force for a period of one year.
(ii) This Award
rescinds and replaces the Public Hospital Residential Services Assistants
(State) Award published 29 July 2016 (380 IG 659) and all variations thereof.
(iii) This Award
shall apply to persons employed in classifications contained herein employed in
the New South Wales Health Service under s115(1) of the Health Services Act 1997, or their successors, assignees or
transmittees, excluding the County of Yancowinna.
PART B
MONETARY RATES
Table 1 - Salaries
Classification
|
Rate from 01/07/2017
|
|
2.5%
|
|
$ per week
|
Residential Services Assistant
|
|
1st year of service
|
995.90
|
2nd year of service
|
1015.80
|
3rd year of service
|
1035.40
|
4th year of service
|
1059.90
|
5th year of service
|
1079.10
|
P. KITE, Chief
Commissioner
____________________
Printed by
the authority of the Industrial Registrar.