Health Employees' Engineers (State) Award 2023
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by NSW Ministry of Health.
(Case No. 212517 of 2023)
|
Before Chief Commissioner Constant
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17 August 2023
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AWARD
PART A
Arrangement
Clause No. Subject Matter
1. Definitions
2. Salaries
3. Grading
Committee
4. Conditions
of Service
5. Dispute
Resolution
6. Anti-Discrimination
7. No Extra
Claims
8. 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 their respective meaning
assigned to them:
"Assistant Engineer" means a person appointed as
such to an established position as approved by the employer and who has
acquired membership of the Institute of Hospital Engineering, Australia - NSW
Branch or such other qualifications as the employer deems appropriate, provided
that all persons employed and classified as assistant engineers in public
hospitals at the operative date of this Award shall be deemed to hold
qualifications to the level required by this Award.
"Engineer" means a person appointed as such to an
established position as approved by the employer and who has acquired
membership of the Institute of Hospital Engineering, Australia - NSW Branch or
such other qualifications as the employer deems appropriate, provided that all
persons employed and classified as engineers in public hospitals at the
operative date of this Award shall be deemed to hold qualifications to the
level required by this Award.
"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, as amended or varied from time to time
"Hospital" means a public hospital as defined in
section 15 of the Health Services Act 1997, as amended
or varied from time to time
"Maintenance Supervisor (Tradesperson)" means a
person appointed as such to an established position as approved by the employer
and:
(a) who assists the
engineer or the assistant engineer in the supervision of staff and the general
maintenance work of the hospital and, in addition, relieves them during their
absence; or
(b) who, where
there is no engineer, is responsible for the operation of the steam raising
plant and general maintenance work.
"Union" means the Health Services Union NSW.
2. Salaries
Full-time Engineer employees shall be paid the salaries as
set out in Table 1 of Part B - Monetary Rates of this Award.
3. Grading Committee
(i) A
committee consisting of up to three representatives of the employer and up to
three representatives of the Union shall be constituted to consider and
recommend to the employer (a) the grading of any new position or any variation
of grading or classification of a position as a result of
any substantial alteration of duties and/or responsibilities or in any case of
anomaly; and (b) the date of effect of the grading recommended. Provided that:
(a) an employee
shall, while the grading of their position is under consideration by the
committee be ineligible to be a member of the committee;
(b) the committee
shall not, without sufficient reason, recommend the retrospective operation of
any grading; and
(c) where a
retrospective date of effect is recommended such a date shall not be earlier
than a date six months prior to the date on which the matter was referred to
the committee.
(ii) The members of
the committee shall be entitled to examine any statement of duties pertaining
to any position referred to the committee and any papers which illustrate the
type of work performed by the occupant of the position or, if the employer
approves, papers which are otherwise relevant to the question of the grading of
the position, including statements of duties of other positions.
(iii) Except as
otherwise provided, the matters to be referred to the committee shall be:
(a) any application
by an employee for review of the grading of the position he occupies if the
chief executive officer of the Health Service certifies that in their opinion
there has been a substantial alteration of duties and/or responsibilities since
the last grading of the position and states the nature of such alteration, or
that the grading of the position is markedly out of keeping with that of other
positions in the Health Service;
(b) the grading of
any new position;
(c) such cases as
the Union may raise where the Union has stated the grounds and indicated the
basis on which it desires such cases to be considered by the committee; and
(d) such other cases
as the NSW Ministry of Health may approve.
(iv) The committee
shall meet to consider the grading of a position within twenty-one days of such
grading having been referred to the committee.
(v) In the event of
the members of the committee being in disagreement as to the grading to be
recommended for a position or as to the date of effect, the members representing
the Union shall, within twenty-one days of the meeting of the committee at
which such disagreement occurred, furnish to the employer, a written report
stating the grading or date of effect which they consider appropriate with
their reasons therefore and indicating also whether they wish to interview the
employer in connection with their representations.
(vi) The report of
the committee shall be signed by at least one representative of the employer
and of the Union.
(vii) Nothing in this
clause shall affect the right of the Union to apply to the Public Health
Employees (State) Industrial Committee for the settlement of any dispute
arising from the grading of any employees under this Award.
4. Conditions of
Service
(i) The Health Employees Conditions of Employment (State) Award
2023 as varied or replaced from time to time, shall apply to all persons
covered by this Award.
Provided that Clause 9, Overtime, of that Award shall not
apply to an employee covered by this Award who is:
(a) classified as
Engineer, Grade 7; or
(b) paid an
allowance because they act in the capacity of a group engineer or regional
engineer; or
(c) who, following
13 November 1997, is reclassified to a higher grade because they act in the
capacity of a group engineer or regional engineer;
and the salary rates of engineers not so entitled to
overtime shall be deemed to cover all incidents of employment.
(ii) In addition, the
Health Industry Status of Employment (State) Award 2023, as varied or replaced
from time to time, shall also apply to relevant employees.
5. Dispute Resolution
The dispute resolution procedures contained in the Health
Employees Conditions of Employment (State) Award 2023, as varied
or replaced from time to time, shall apply.
6. 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 this Act affects ... any other act or
practice of a body established to propagate religion that conforms to the
doctrines of that religion or is necessary to avoid injury to the religious
susceptibilities of the adherents of that religion.
7. No Extra Claims
Other than as provided for in the Industrial Relations
Act 1996 and the Industrial Relations (Public Sector Conditions of
Employment) Regulation 2014 (or its successor however described) there shall be
no further claims/demands or proceedings instituted before the Industrial
Relations Commission of New South Wales for extra or reduced wages, salaries,
rates of pay, allowances or conditions of employment with respect to the
employees covered by the Award that take effect prior to 30 June 2024 by a
party to this Award.
8. Area, Incidence and
Duration
(i) This
Award takes effect from 1 July 2023 and shall remain in force for a period of
one year. The rates in the second column in Table 1 of Part B - Monetary Rates
will apply from the first full pay period on or after (ffppoa)
1 July 2023.
(ii) This Award
rescinds and replaces the Health Employees’ Engineers (State) Award 2022
published 16 December 2022 (393 I.G. 764) 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
In the period 1 July 2023 to the commencement of the first
full pay period on or after 1 July 2023, the applicable rates of pay are those that
applied immediately prior to the first full pay period on or after 1 July 2023.
|
Classification
|
Rate from ffppoa 01/07/2023
Per week
$
|
|
Engineer
|
|
Assistant
|
|
Grade 1
|
1,573.87
|
|
Grade 2
|
1,682.59
|
|
Grade 3
|
1,789.96
|
|
Grade 4
|
1,898.21
|
|
Grade 5
|
2,059.96
|
|
Grade 6
|
2,221.59
|
|
Engineer
|
|
Grade 1
|
1,573.87
|
|
Grade 2
|
1,682.59
|
|
Grade 3
|
1,789.96
|
|
Grade 4
|
1,898.21
|
|
Grade 5
|
2,059.96
|
|
Grade 6
|
2,221.59
|
|
Grade 7
|
2,570.85
|
|
Maintenance Supervisor (Tradesperson)
|
|
Grade 1
|
1,417.01
|
|
Grade 2
|
1,520.96
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N. CONSTANT, Chief Commissioner
____________________
Printed by
the authority of the Industrial Registrar.