Health Employees' Technical (State) Award 2023
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH
WALES
Application by NSW Ministry of Health.
(Case No. 213176 of 2023)
|
Before Chief
Commissioner Constant
|
17 August
2023
|
AWARD
PART A
Arrangement
Clause No. Subject
Matter
1. Definitions
2. Salaries
3. Exemptions
4. Conditions
of Service
5. Disputes
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:
"Chief Medical
Photographer" means a medical photographer who has been appointed as Chief
Medical Photographer in a Medical Photography Department of a hospital.
"Dialysis
Technician" means a person employed as such who has the Industrial
Electronics Certificate of the Department of Technical and Further Education or
such other certificate or course of training as, in the opinion of the
employer, is deemed appropriate.
"Electronics
Technician" means a person employed as such who is the possessor of an
Electronics and Communications Certificate of the Department of Technical and
Further Education, or who has qualifications and/or experience deemed by the
employing hospital to be equivalent and the major
portion of whose duties include the construction, adaptation, alteration,
repair and/or maintenance of electronic equipment.
"Employer"
means the Secretary of the Ministry of Health exercising the employer functions
on behalf of the Government of New South Wales.
"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.
"Medical
Photographer" means a person who is employed as such and who has
satisfactorily completed the course in photography conducted by the Department
of Technical and Further Education or who possesses such other qualifications
as deemed by the employer to be appropriate and whose duties include taking, processing and recording all types of clinical photographs
needed for research, teaching, treatment, and/or medical illustration.
"Perfusionist
- Grade 1 (Trainee Perfusionist)" means a person appointed as such who
holds, or is qualified to hold, an appropriate tertiary qualification (Bachelor
of Science, Bachelor of Applied Science or equivalent
qualification) and who is training in perfusion.
"Perfusionist
- Grade 2 (Certified Perfusionist)" means a person who has obtained the
qualification of Certification in Perfusion of the Australasian Board of
Cardiovascular Perfusion or having qualifications deemed by the employer to be
equivalent, who is capable of performing perfusion
duties of a complex nature including research and development tasks.
"Perfusionist
- Grade 3 (In-Charge Perfusionist)" means a person who complies with all
duties of a Trained Certified Perfusionist but in addition manages the everyday
operation of the department in conjunction with a medical officer.
"Perfusionist
- Grade 4 (Director of Perfusion Services)" means a person appointed as
such who is the most senior Perfusionist within the Hospital and who is solely
responsible for the direction and supervision of other Perfusionists within the
Hospital. Director of Perfusion services is expected to exercise
organisational, supervisory and management skills, mature technical and
clinical knowledge, judgement as it relates to the operation and testing of
equipment, to continue to develop expertise with advances in the relevant body
of technical and clinical knowledge and to seek and utilise other specialist
advice when required to.
"Senior
Dialysis Technician" means a technician who has been appointed Senior
Dialysis Technician in the area of dialysis.
"Senior
Electronics Technician" means an electronics technician appointed to a
position approved as such by the employer.
"Senior
Technical Officer" means a person appointed to a position approved as such
by the employer.
"Sole
Electronics Technician" means an electronics technician appointed as such.
"Technical
Officer" means a person appointed as such who is the holder of the
Biological Technicians Certificate, the Chemistry Certificate, the Nuclear
Medicine Technician's Certificate, the Pathology Technicians Certificate, the
Pathology Technicians Higher Certificate, the Associate Diploma of Health
Sciences (Pathology Techniques) of the Department of Technical and Further
Education, the Associate Diploma in Medical Technology awarded by the Riverina
CAE or the Associate Diploma in Medical Laboratory Science awarded by the
Charles Sturt University or such other certificate or course of training as, in
the opinion of the employer, is appropriate.
"Trainee
Medical Photographer" means a person appointed as such who is undertaking
the certificate course in photography conducted by the Department of Technical
and Further Education.
"Union"
means the Health Services Union NSW.
2.
Salaries
Full time Technical employees shall be paid the salaries as set out in
Table 1 of Part B - Monetary Rates of this Award.
3.
Exemptions
This Award shall
not apply to:
(a) Members, novices
or aspirants of religious orders in public hospitals, the names of whom are
included or hereafter shall be included in the Third Schedule to the Health Services Act 1997.
(b) Employees of Stewart House Preventorium.
4.
Conditions of Service
The Health
Employees Conditions of Employment (State) Award 2022, 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 2022 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 2022, 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, 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 fulfillment 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 Technical (State) Award 2022 as published 4 November 2022 (393
I.G. 100) 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 - Monetary Rates
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
$
|
|
Electronics
Technician
|
|
Technician
|
|
1st
Year of Service
|
1,555.13
|
|
2nd
Year of Service
|
1,606.95
|
|
3rd
Year of Service
|
1,658.89
|
|
4th
Year of Service
|
1,759.09
|
|
Sole
|
|
1st Year
of Service and Thereafter
|
1,841.66
|
|
Senior
|
|
1st
Year of Service
|
1,870.44
|
|
2nd
Year of Service
|
1,898.99
|
|
Perfusionist
|
|
Grade
1
|
|
1st
Year
|
1,881.14
|
|
2nd
Year
|
1,939.67
|
|
Grade
2
|
|
1st
Year
|
2,081.47
|
|
2nd
Year
|
2,148.70
|
|
3rd
Year
|
2,206.72
|
|
4th
Year
|
2,441.09
|
|
5th
Year
|
2,507.14
|
|
6th
Year
|
2,589.91
|
|
7th
Year
|
2,666.66
|
|
8th
Year
|
2,732.03
|
|
Grade
3
|
|
1st
Year
|
2,922.20
|
|
2nd
Year
|
2,993.44
|
|
Grade
4
|
|
1st
Year
|
3,072.25
|
|
2nd
Year
|
3,143.81
|
|
Visual
Aids Officer
|
|
Trainee
|
|
1st
Year of Training
|
724.53
|
|
2nd Year
of Training
|
806.56
|
|
3rd
Year of Training
|
875.34
|
|
4th
Year of Training
|
953.06
|
|
5th
Year of Training
|
1,041.05
|
|
General
Scale
|
|
1st
Year
|
1,157.02
|
|
2nd
Year
|
1,213.92
|
|
3rd
Year
|
1,271.90
|
|
4th
Year
|
1,299.03
|
|
5th
Year
|
1,328.15
|
|
Grade
1
|
|
Medical Artists, RPA, RNSH (in charge Westmead) (2nd in
charge POW)
|
1,450.38
|
|
Grade
2
|
|
Sole
Medical Photographer (St. George & Gosford)
|
1,508.17
|
|
Grade
3
|
|
Chief
Medical Photographer - specific hospitals
|
1,675.20
|
|
Grade
4
|
|
Co-ordinator,
Audio Visual Services – Royal North Shore Hospital
|
1,736.05
|
|
Director
of Audio Visual Services
|
|
Royal
Prince Alfred and Westmead
|
2,009.58
|
|
Technical
Officer
|
|
Trainee
|
|
1st
Year of Training
|
720.55
|
|
2nd
Year of Training
|
799.17
|
|
3rd Year
of Training
|
895.08
|
|
4th
Year of Training
|
978.87
|
|
Grade
1
|
|
1st
Year
|
1,221.31
|
|
2nd
Year
|
1,249.21
|
|
3rd
Year
|
1,275.76
|
|
4th
Year
|
1,304.66
|
|
5th
Year
|
1,331.43
|
|
6th
Year
|
1,379.30
|
|
7th
Year
|
1,421.85
|
|
8th
Year
|
1,459.45
|
|
Grade
2
|
|
1st
Year
|
1,555.13
|
|
2nd Year
|
1,606.83
|
|
3rd
Year
|
1,658.89
|
|
4th
Year
|
1,759.09
|
|
Senior
|
|
1st
Year
|
1,841.66
|
|
2nd
Year
|
1,870.44
|
|
3rd
Year
|
1,898.99
|
|
Dialysis
Technician
|
|
Technician
|
|
1st
Year
|
1,449.95
|
|
Thereafter
|
1,492.17
|
|
Senior
|
|
Grade
1 (Sole Technician)
|
1,536.06
|
|
Grade
2
|
1,586.12
|
N. CONSTANT, Chief Commissioner
____________________
Printed by
the authority of the Industrial Registrar.