Health Employees' Pharmacists (State) Award 2023
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by NSW Ministry of Health.
(Case No. 213153 of 2023)
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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. Competency
Criteria
3. Salaries
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
"Deputy Director of Pharmacy" means a pharmacist
who is appointed as such to an established position and whose function is to
assist the Director of Pharmacy in the administration of the Department.
"Director of Pharmacy" means a pharmacist who has
been appointed as such in a pharmacy department of a hospital.
"Employer" means the Secretary of the Ministry of
Health exercising the employer function on behalf of the Government of New
South Wales.
"Group 1 Hospitals"
(a) Gosford
Hospital, John Hunter Hospital (Newcastle), St Vincent’s Hospital, Royal North
Shore, St George Hospital and Community Health Services (Kogarah) and Concord
Repatriation General Hospital.
(b) Westmead, Royal
Prince Alfred (including Balmain and Rachel Forster), Prince Henry and Prince
of Wales Group (includes Sydney Children’s Hospital)
"Group 2 Hospitals" - Calvary Mater Hospital
(Newcastle), Sydney Children’s Hospitals Network (Randwick and Westmead),
Liverpool, Nepean, Wollongong Hospital, Blacktown & Mt Druitt Hospitals,
Bankstown-Lidcombe, Macarthur Health Service.
"Group 3 Hospitals" - Coffs Harbour Base, Wagga
Wagga Base, Sutherland, Tamworth, Canterbury, Lismore Base, Ryde, Hornsby
Ku-Ring-Gai, Fairfield, Dubbo Base.
"Group 4 Hospitals" - Northern Beaches Hospital,
Auburn, Balmain, Sydney Hospital and Sydney Eye Hospital, Albury Wodonga health
(Wodonga Campus), Wyong Public Hospital, Blue Mountains District ANZAC Memorial
Hospital, Springwood Hospital, Griffith Base, Orange Health Service, Bathurst
Base, Shellharbour, Shoalhaven District Memorial Hospital, Macquarie Hospital
(Mental Health Residential Facility), Armidale Rural Referral Hospital, The
Tweed Hospital, Murwillumbah District Hospital
"Group 5 Hospitals" - Belmont, Cessnock, Maitland,
Kurri Kurri, Muswellbrook, Neringah, Royal Ryde Rehabilitation, Uniting War
Memorial Hospital, Bowral, Cootamundra, Manning, Kempsey, Wauchope, Young,
Goulburn Base Hospital, Bulli, Casino, Kyogle, Grafton, Mona Vale, Cowra, Royal
Hospital for Women, Parkes/Forbes, Lithgow, Condobolin, Inverell,
Moree/Narrabri, Glen Innes.
"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.
"Pharmacist" means a person who is registered as a
practicing pharmacist with the Pharmacy Board of Australia.
A Pharmacist who has after registration not less than three
years’ experience in hospital pharmacy and can demonstrate competency in at
least one of the essential competency criteria and 3 other competency criteria
will be classified as a Pharmacist Grade 2.
Provided that Pharmacists paid at the eight year of service
rate immediately prior to transfer to this structure shall not be eligible for
incremental progression unless they meet the criteria for appointment to Grade
2.
"Pharmacist Grade 3" means a Pharmacist who is
responsible to the Director of Pharmacy or Deputy Director of Pharmacy for the
management and efficient performance of a specific unit or function of the
hospital’s pharmacy Department. Such appointment shall only be made where the
hospital employs at least 5 Pharmacists or a Director of Pharmacy Group 5
Hospitals and Deputy Director of Pharmacy Group 3 Hospitals
"Pharmacist Grade 4" Director of Pharmacy Group 4
Hospitals and Deputy Director of Pharmacy Group 2 Hospitals.
"Pharmacist Grade 5" Director of Pharmacy Group 3
Hospitals and Deputy Director of Pharmacy Group 1 Hospitals.
"Pharmacist Grade 6" Director of Pharmacy Group 2
Hospitals.
"Pharmacist Grade 7" Director of Pharmacy Group 1
Hospitals.
"Union" means the Health Services Union NSW.
2. Competency Criteria
Essential:
(i) Postgraduate
qualifications in either Diploma of Hospital Pharmacy, Diploma of Clinical
Pharmacy or any other relevant postgraduate qualifications and a minimum of 6
months experience in the relevant specialty. Relevant areas of specialty
practice may include but should not be limited to: Liaison Pharmacy, Clinical
Trials, Research and/or Project Coordinator, Information Technology, Oncology,
Nutritional Support, Paediatrics, Critical Care; or
(ii) In the case of
a Pharmacist who does not hold a post graduate qualification and has had, after
registration, not less than 3 years’ experience in hospital pharmacy including
not less than 12 months, experience in the relevant specialty acceptable to the
employer; or
(iii) Be able to
demonstrate a higher level of performance in clinical pharmacy practices as
defined by at least meeting the standards in the document published by Society
of Hospital Pharmacists of Australia in 1996 to the satisfaction of the
Director of Pharmacy and equivalent Director of Pharmacy from another Health
Service and if necessary, another Pharmacist nominated by the employer.
Other:
(a) An ability to
demonstrate a record of participation in teaching programs with other
Pharmacists and/or University students, community health, nursing staff or
other health care providers.
(b) Demonstrated
ability to supervise other Pharmacy staff and be responsible for the
supervision of other Pharmacists.
(c) A record of
significant contribution to quality assurance activities (e.g. being responsible
for the implementation of maintenance of a quality assurance program)
(d) Participation in
institutional committees relevant to the profession such as drug,
nursing/pharmacy, infection control or quality assurance committees.
(e) Display
judgment and demonstrate initiative and independence in problem solving.
(f) Be able to
demonstrate active participation in research, presentation and publication of
research results in peer review journals
3. Salaries
Full-time Pharmacist employees shall be paid the salaries as
set out in Table 1 of Part B - Monetary Rates, of this Award.
4. Conditions of
Employment
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.
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 procedure 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 and allowances 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’ Pharmacists (State) Award 2022
published 4 November 2022 (393 I.G. 94) 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 section 115(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
$
|
|
Graduate Pharmacist Unregistered
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1,408.17
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Pharmacist
|
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Grade 1
|
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1st Year
|
1,490.86
|
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2nd Year
|
1,588.33
|
|
3rd Year
|
1,693.28
|
|
4th Year
|
1,881.14
|
|
5th Year
|
1,939.67
|
|
Grade 2
|
|
1st Year
|
2,081.47
|
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2nd Year
|
2,148.70
|
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3rd Year
|
2,206.72
|
|
Grade 3
|
|
Senior Pharmacist
|
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Director of Pharmacy-Group 5 Hospital
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Deputy Director of Pharmacy-Group 3 Hospital
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1st Year
|
2,441.09
|
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2nd Year
|
2,507.14
|
|
Grade 4
|
|
Director of Pharmacy - Group 4 Hospital
|
|
Deputy Director of Pharmacy - Group 2 Hospital
|
|
1st Year
|
2,507.14
|
|
2nd Year
|
2,589.91
|
|
Grade 5
|
|
Director of Pharmacy - Group 3 Hospital
|
|
Deputy Director of Pharmacy - Group 1 Hospital
|
|
1st Year
|
2,666.66
|
|
2nd Year
|
2,732.03
|
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Grade 6
|
|
Director of Pharmacy - Group 2 Hospital
|
|
1st Year
|
2,922.20
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2nd Year
|
2,993.44
|
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Grade 7
|
|
Director of Pharmacy - Group 1 Hospital
|
|
Group A - 1st Year
|
3,143.81
|
|
Group A - 2nd Year
|
3,218.45
|
|
Group B - 1st Year
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3,292.10
|
|
Group B - 2nd Year
|
3,366.50
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Table 2 - Allowances
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Allowance
Description
|
Rate from ffppoa
01/07/2023
Per week
$
|
|
Fellowship Allowance (Pharmacists)
|
47.54
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N. CONSTANT, Chief Commissioner
____________________
Printed by
the authority of the Industrial Registrar.