Public Hospital Residential Services Assistants (State) Award 2018

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Ministry of Health.

 

(Case No. 2018/199523)

 

 

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 2019 by a party to this Award.

 

7.  Area, Incidence and Duration

 

(i)        This Award takes effect from 1 July 2018 and shall remain in force for a period of one year. The wage rates as outlined in Table 1 - Salaries will apply from the first full pay period on or after (ffpoa) 1 July 2018.

 

(ii)      This Award rescinds and replaces the Public Hospital Residential Services Assistants (State) Award published 24 November 2017 (382 I.G. 140) 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

 

 

 

 

J. V. MURPHY, Commissioner.

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.