Crown Employees (Physiotherapists, Occupational
Therapists, Speech Pathologists and Music Therapists) Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(Case No. 178951 of 2021)
|
Before Commissioner Sloan
|
13 September 2021
|
REVIEWED
AWARD
PART A
1. Arrangement
PART A
Clause No. Subject Matter
1. Arrangements
2. Definitions
3. Salaries
and Allowances
4. Anti-Discrimination
5. Grievance
and Dispute Settling Procedures
6. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Rates of Pay
Table 2 - Other Rates and Allowances
2. Definitions
(i) General
(a) “Industrial
Relations Secretary” means the person, within the meaning of the Government Sector Employment Act 2013,
who is taken to be the employer of Public Service employees for industrial
purposes.
(b) "Association"
means the Public Service Association and Professional Officers Association
Amalgamated Union of New South Wales.
(c) "Agency"
means a Public Service agency, as listed in Schedule 1 of the Government Sector Employment Act 2013.
(d) "Agency
Head" means a person who is the Secretary of a Department or the head of
another Public Service agency listed in Schedule 1 of the Government Sector Employment Act 2013.
(ii) Physiotherapists
-
(a) "Physiotherapist"
will mean a person registered or conditionally registered under the Physiotherapists
Act 2001.
(b) "Physiotherapist,
Grade 1" will mean a Physiotherapist appointed as such who is engaged in
the performance of all facets of Physiotherapy.
(c) "Physiotherapist,
Grade 2" will mean a Physiotherapist appointed to a position approved as
such and will include:
(1) A person who
has responsibility for a specific clinical section within a Physiotherapy Unit
which involves the supervision of at least one other Physiotherapist;
(2) A deputy to a
Physiotherapist Grade 4 or 5.
(d) "Physiotherapist,
Grade 3" will mean a Physiotherapist appointed to a position approved as
such and will include:
(1) A person who
has responsibility for a specific clinical section within a Physiotherapy Unit
which involves the supervision of more than 6 other Physiotherapists;
(2) A person
performing Student Unit Supervisor duties on a full-time basis;
(3) A person in
charge of a Physiotherapy Unit containing 1-5 other Physiotherapists;
(4) A deputy to a
Physiotherapist Grade 6 or 7.
(e) "Physiotherapist,
Grade 4" will mean a Physiotherapist appointed to a position approved as
such and will include a person who is in charge of a
Physiotherapy Unit containing 6-14 other Physiotherapists.
(f) "Physiotherapist,
Grade 5" will mean a Physiotherapist appointed to a position approved as
such and will include a person who is in charge of a
Physiotherapy Unit containing 15-29 other Physiotherapists.
(g) "Physiotherapist,
Grade 6" will mean a Physiotherapist appointed to a position approved as
such and will include a person who is in charge of a
Physiotherapy Unit containing 30-39 other Physiotherapists.
(h) "Physiotherapist,
Grade 7" will mean a Physiotherapist appointed to a position approved as
such and will include a person who is in charge of a
Physiotherapy Unit containing 40 or more other Physiotherapists.
(iii) Occupational
Therapist -
(a) "Occupational
Therapist" will mean a person who possesses a Degree in Occupational
Therapy from a recognised tertiary institution.
(b) "Occupational
Therapist, Grade 1" will mean an occupational Therapist appointed as such
who is engaged in the performance of all facets of Occupational Therapy.
(c) "Occupational
Therapist, Grade 2" will mean an Occupational Therapist appointed to a position
approved as such and will include:
(1) A person who
has responsibility for a specific clinical section within an Occupational
Therapy Unit which involves the supervision of at least one other Occupational Therapist;
(2) A deputy to an
Occupational Therapist Grade 4 or 5.
(d) "Occupational
Therapist, Grade 3" will mean an Occupational Therapist appointed to a
position approved as such and will include:
(1) A person who
has responsibility for a specific clinical section within an Occupational Therapy
Unit which involves the supervision of more than 6 other Occupational Therapists;
(2) A person
performing Student Unit Supervisor duties on a full-time basis;
(3) A person in
charge of an Occupational Therapy Unit containing 1-5 other Occupational Therapists;
(4) A deputy to an
Occupational Therapist Grade 6.
(e) "Occupational
Therapist, Grade 4" will mean an Occupational Therapist appointed to a position
approved as such and will include a person who is in charge
of an Occupational Therapy Unit containing 6-14 other Occupational
Therapists.
(f) "Occupational
Therapist, Grade 5" will mean an Occupational Therapist appointed to a
position approved as such and will include a person who is in
charge of an Occupational Therapy Unit containing 15-29 other
Occupational Therapists.
(g) "Occupational
Therapist, Grade 6" will mean an Occupational Therapist appointed to a
position approved as such and will include a person who is in
charge of an Occupational Therapy Unit containing 30 or more other
Occupational Therapists.
(iv) Speech
Pathologists -
(a) "Speech
Pathologist" will mean a person who possesses a Degree in Speech Therapy
from a recognised tertiary institution.
(b) "Speech
Pathologist, Grade 1" will mean a Speech Pathologist appointed as such,
which requires the performance of all facets of Speech Pathology.
(c) "Speech
Pathologist, Grade 2" will mean a Speech Pathologist appointed to a
position approved as such and will include:
(1) A person who
has responsibility for a specific clinical section within a Speech Pathology
Department, which involves the supervision of at least one other Speech Pathologist;
(2) A deputy to a
Speech Pathologist Grade 4 or 5.
(d) "Speech
Pathologist, Grade 3" will mean a Speech Pathologist appointed to a
position approved as such and will include:
(1) A person who
has responsibility for a specific clinical section within a Speech Pathology
Unit which involves the supervision of more than 6 other Speech Pathologists;
(2) A person
performing Student Unit Supervisor duties on a full-time basis;
(3) A person in
charge of a Speech Pathology Unit containing 1-5 other Speech Pathologists;
(e) "Speech
Pathologist, Grade 4" will mean a Speech Pathologist appointed to a
position approved as such and will include a person who is in
charge of a Speech Pathology Unit containing 6-14 other Speech
Pathologists.
(f) "Speech
Pathologist, Grade 5" will mean a Speech Pathologist appointed to a
position approved as such and will include a person who is in
charge of a Speech Pathology Unit containing 15 or more other Speech
Pathologists.
(v) "Part-time
Student Supervisor" will mean a Physiotherapists, Occupational Therapist
or Speech Pathologist, other than a person performing Student Unit Supervision
duties on a full-time basis, who is required from time to time to supervise
students and prepare assessments on such students.
3. Salaries and
Allowances
(i) The
rates of pay will be as set out in Table 1 - Rates of Pay of Part B, Monetary
Rates.
(a) Provided that
the commencing rate of salary payable to an employee who has obtained an
appropriate degree or appropriate degree plus associated diploma requiring a
minimum of four years full-time study will be paid the rate prescribed for the
second year of service.
(b) Provided further
that an employee who has obtained an appropriate degree requiring a minimum of
three and one-half years full-time study will after six months relevant
full-time service be paid the rate prescribed for the second year of service.
(ii) The rates of
allowances will be as set out in Table 2 - Allowances of Part B, Monetary
Rates.
(a) A sole
therapist allowance will be paid to a Grade 1 Physiotherapists, Occupational
Therapists or Speech Pathologists, who is not responsible to another
Physiotherapists, Occupational Therapists or Speech Pathologists and is the
only therapist in their discipline in a particular Large Residential Centre or
Child and Family Service in a Community Service Centre. The Sole Therapist Allowance will be paid at
the rate specified in Table 2 of Part B, Monetary Rates.
(b) Part-time
Student Unit Supervisors Allowance - A Physiotherapist, Occupational Therapist
or Speech Pathologist who is a part-time Student Unit Supervisor will be paid
an allowance for each student per supervised shift at the rate specified in
Table 2 of Part B, Monetary Rates. The quantum of the allowance will be
determined by the application of the following formula:
(1) Subtract the
7th year Grade 1 rate from the Grade 3 rate;
(2) Divide (1) by 4
(i.e. the average number of students supervised by a full-time Student Unit
Supervisor);
(3) Divide the
result of (2), by 5 (i.e. the number of shifts per week for a full-time Student
Supervisor).
(4) Divide by
52.17857 (i.e. the number of weeks in the year).
Provided that:
(5) The allowance will
not be payable to a person occupying a position graded at Grade 3 or above;
(6) Only one person
can receive the allowance for a student on each shift;
(7) No person will
receive the allowance for a student who is being supervised by a Student Unit Supervisor
(i.e. full-time);
(8) The maximum
amount payable to a person by way of this allowance in any one week will be the
amount derived by subtracting the rate prescribed for the 7th year of Grade 1
from the rate prescribed for Grade 3.
(iii)
This award is listed in Schedule A of the Crown
Employees (Public Sector – Salaries 2021) Award and salaries payable to
employees will be in accordance with that award or any award replacing it. The
rates set out at Part B – Monetary Rates are subject to the rates as set by the
Crown Employees (Public Sector – Salaries2021) Award or any award replacing it.
4. Anti-Discrimination
(i) It
is the intention of the parties bound by this award to seek to achieve the
object in section 3(f) of the Industrial Relations Act 1996 to prevent
and eliminate discrimination in the workplace. This includes discrimination on
the grounds of race, sex, marital status, disability, homosexuality,
transgender identity, age and responsibilities as a carer.
(ii) It follows that
in fulfilling their obligations under the dispute resolution procedure
prescribed by this award the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this award are not
directly or indirectly discriminatory in their effects. It will be consistent
with the fulfilment of these obligations for the parties to make application to
vary any provision of the award which, by its terms or operation, has a direct
or indirect discriminatory effect.
(iii) Under the Anti-Discrimination
Act 1977, it is unlawful to victimise an employee because the employee has
made or may make or has been involved in a complaint of unlawful discrimination
or harassment.
(iv) Nothing in this
clause is to be taken to affect:
(a) any conduct or
act which is specifically exempted from anti-discrimination legislation;
(b) offering or
providing junior rates of pay to persons under 21 years of age;
(c) any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination Act 1977;
(d) a party to this
award from pursuing matters of unlawful discrimination in any State or Federal
jurisdiction.
(v) This clause does
not create legal rights or obligations in addition to those imposed upon the
parties by the legislation referred to in this clause.
Notes
(a) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(b) Section 56(d) of
the Anti-Discrimination Act 1977 provides:
"Nothing in the 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."
5. Grievance and
Dispute Settling Procedures
(i) All
grievances and disputes relating to the provisions of this award will initially
be dealt with as close to the source as possible, with graduated steps for
further attempts at resolution at higher levels of authority within the
appropriate agency, if required.
(ii) An employee is
required to notify in writing their immediate manager, as to the substance of
the grievance, dispute of difficulty, request a meeting to discuss the matter,
and if possible, state the remedy sought.
(iii) Where the
grievance or dispute involves confidential or other sensitive material
(including issues of harassment or discrimination under the Anti-Discrimination
Act 1977) that makes it
impractical for the employee to advise their immediate manager the notification
may occur to the next appropriate level of management, including where
required, to the Agency Head or delegate.
(iv) The immediate
manager, or other appropriate officer, will convene a meeting in order to resolve the grievance, dispute or difficulty
within two (2) working days, or as soon as practicable, of the matter being
brought to attention.
(v) If the matter
remains unresolved with the immediate manager, the employee may request to meet
the appropriate person at the next level of management in
order to resolve the matter. This manager will respond within two (2)
working days, or as soon as practicable. This sequence of reference to
successive levels of management may be pursued by the employee until the matter
is referred to the Agency Head.
(vi) The Agency Head
may refer the matter to the Industrial Relations Secretary for consideration.
(vii) If the matter
remains unresolved, the Agency Head will provide a written response to the
employee and any other party involved in the grievance, dispute or difficulty,
concerning action to be taken, or the reason for not taking action, in relation
to the matter.
(viii) An employee, at any
stage, may request to be represented by the Association.
(ix) The employee or
the Association on their behalf, or the Agency Head may refer the matter to the
New South Wales Industrial Relations Commission if the matter is unresolved
following the use of these procedures.
(x) The employee,
Association, Agency and Industrial Relations Secretary
will agree to be bound by any order or determination by the New South Wales
Industrial Relations Commission in relation to the dispute.
(xi) Whilst the
procedures outlined in subclauses (i) to (x) of this
clause are being followed, normal work undertaken prior to notification of the
dispute or difficulty will continue unless otherwise agreed between the
parties, or in the case involving occupational health and safety, if
practicable, normal work will proceed in a manner which avoids any risk to the
health and safety of any employee or member of the public.
6. Area, Incidence and
Duration
(i) This
award will apply to all of the classifications
contained in this award.
(ii) The employees
regulated by this award will be entitled to the conditions of employment as set
out in this award and, except where specifically varied by this award, existing
conditions are provided for under the Government
Sector Employment Act 2013, the Government Sector Employment Regulation
2014, the Crown Employees (Public Service Conditions of Employment) Reviewed
Award 2009 and the Crown Employees (Public Sector - Salaries2021) Award any
awards replacing these awards.
(iii) This award is
made following a review under section 19 of the Industrial Relations Act 1996 and rescinds and replaces the Crown Employees (Physiotherapists, Occupational
Therapists, Speech Pathologists and Music Therapists) Award published 1 May 2020 (387
I.G. 1005), as varied.
The changes made to the award pursuant to the Award
Review pursuant to section 19(6) of the Industrial
Relations Act 1996 and Principle 26 of the Principles for Review of Awards made
by the Industrial Relations Commission of New South Wales on 28 April 1999 (310
I.G. 359) take effect on and from17 September 2021.
This award remains in force until varied or rescinded,
the period for which it was made having already expired.
PART B
MONETARY RATES
Table 1 - Rates of Pay
|
|
Physiotherapists,
Occupational Therapists, Speech Pathologists and Music Therapists
|
|
Classification and Grade
|
Common Salary Point
|
1.7.20
|
1.7.21
|
|
|
|
Per annum
|
Per annum
|
|
|
|
0.3%
|
2.04%
|
|
|
|
$
|
$
|
|
Physiotherapists -
|
|
|
|
|
Grade 1
|
|
|
|
|
1st year of service
|
46
|
64,973
|
66,298
|
|
2nd year of service
|
50
|
67,532
|
68,910
|
|
3rd year of service
|
56
|
71,297
|
72,751
|
|
4th year of service
|
63
|
76,420
|
77,979
|
|
5th year of service
|
70
|
81,837
|
83,506
|
|
6th year of service
|
76
|
86,689
|
88,457
|
|
7th year of service
|
81
|
90,933
|
92,788
|
|
Grade 2
|
85
|
94,610
|
96,540
|
|
Grade 3
|
92
|
101,285
|
103,351
|
|
Grade 4
|
95
|
104,539
|
106,672
|
|
Grade 5
|
98
|
107,864
|
110,064
|
|
Grade 6
|
100
|
110,011
|
112,255
|
|
Grade 7
|
103
|
113,174
|
115,483
|
|
Occupational Therapists
|
|
|
|
|
Grade 1
|
|
|
|
|
1st year of service
|
46
|
64,973
|
66,298
|
|
2nd year of service
|
50
|
67,532
|
68,910
|
|
3rd year of service
|
56
|
71,297
|
72,751
|
|
4th year of service
|
63
|
76,420
|
77,979
|
|
5th year of service
|
70
|
81,837
|
83,506
|
|
6th year of service
|
76
|
86,689
|
88,457
|
|
7th year of service
|
81
|
90,933
|
92,788
|
|
Grade 2
|
85
|
94,610
|
96,540
|
|
Grade 3
|
92
|
101,285
|
103,351
|
|
Grade 4
|
95
|
104,539
|
106,672
|
|
Grade 5
|
98
|
107,864
|
110,064
|
|
Grade 6
|
100
|
110,011
|
112,255
|
|
Speech Pathologist -
|
|
|
|
|
Grade 1
|
|
|
|
|
1st year of service
|
46
|
64,973
|
66,298
|
|
2nd year of service
|
50
|
67,532
|
68,910
|
|
3rd year of service
|
56
|
71,297
|
72,751
|
|
4th year of service
|
63
|
76,420
|
77,979
|
|
5th year of service
|
70
|
81,837
|
83,506
|
|
6th year of service
|
76
|
86,689
|
88,457
|
|
7th year of service
|
81
|
90,933
|
92,788
|
|
Grade 2
|
85
|
94,610
|
96,540
|
|
Grade 3
|
92
|
101,285
|
103,351
|
|
Grade 4
|
95
|
104,539
|
106,672
|
|
Grade 5
|
98
|
107,864
|
110,064
|
|
Music Therapists
|
|
|
|
|
1st year of service
|
31
|
56,762
|
57,920
|
|
2nd year of service
|
38
|
60,454
|
61,687
|
|
3rd year of service
|
43
|
63,386
|
64,679
|
|
4th year of service
|
49
|
66,882
|
68,246
|
|
5th year of service
|
54
|
69,942
|
71,369
|
|
6th year of service
|
59
|
73,396
|
74,893
|
|
7th year of service
|
63
|
76,420
|
77,979
|
Table 2 - Other Rates of Allowances
|
Sole Allowance - 3(ii)(a)
|
2,733
|
2,789
|
|
Part-time Student Unit
|
|
|
|
Supervisor Allowance for each student per supervised shift
- refer to formula in award at 3(ii)(b)
|
9.92
|
10.12
|
D. SLOAN, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.