Public Hospitals Medical Record Librarians (State) Award 2023

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by NSW Ministry of Health.

 

(Case No. 213757 of 2023)

 

 

AWARD

 

Clause No.        Subject Matter

 

1.        Definitions

2.        Salary and Grading Structure

3.        Grading Committee

4.        Labour Flexibility

5.        Anti-Discrimination

6.        Conditions of Service

7.        Dispute Resolution

8.        No Extra Claims

9.        Area, Incidence and Duration

 

1.  Definitions

 

"Employer" means the Secretary of the Ministry of Health exercising employer functions on behalf of the Government of New South Wales.

 

"Hospital" means a public hospital as defined under section 15 of the Health Services Act 1997, as amended or varied from time to time,

 

"Medical Record Librarian" means a person employed in the industry of medical record librarianship in Public Hospitals who has qualifications acceptable to the Association of Medical Records Librarians, NSW or such other qualifications deemed to be equivalent by the employer.

 

"Officer" means a medical record librarian employed by the employer.

 

"Service" for the purpose of salaries means service as a medical record librarian in a public hospital whether in New South Wales or elsewhere in Australia or other service acceptable to the employer.

 

"Union" means the Health Services Union NSW.

 

2.  Salary and Grading Structure

 

Full time Medical Record Librarian employees shall be paid the salaries as set out in the Health Professional and Medical Salaries (State) Award 2023, as varied or replaced from time to time.

 

Medical Records Administrator / Medical Records Manager

 

Grade 1	All other hospitals including, Balmain, Grafton Base, Royal South Sydney, St. Josephs, Hawkesbury, Blue Mountains.
Grade 2	Albury Wodonga, Bathurst Base, Canterbury, Coffs Harbour Base, Dubbo Base, Fairfield, Griffith Base, Manning, Port Kembla, Shellharbour.
Grade 3	Auburn, Campbelltown, Camden, Lismore Base, Wagga.
Grade 4	Blacktown & Mt. Druitt, Manly, Bankstown-Lidcombe, Ryde, Mona Vale, Nepean, Sydney, Royal Hospital for Women, Sutherland.
Grade 5	Hornsby Ku-ring-gai, Liverpool, St. George, Wollongong, Gosford, John Hunter, Royal Alexandra for Children’s Hospital and Country Regions.
Grade 6	St. Vincent's and Royal North Shore Hospital.
Grade 7	Royal Prince Alfred Hospital, Prince of Wales and Prince Henry Hospital.
Grade 8	Parramatta Hospitals - Westmead.

 

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:

 

(1)       an employee shall, while the grading of his position is under consideration by the committee be ineligible to be a member of the committee;

 

(2)       the committee shall not, without sufficient reason, recommend the retrospective operation of any grading; and

 

(3)       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.

 

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 hospital certifies that in his 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 hospital;

 

(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 employer may approve.

 

(iii)     The committee shall meet to consider the grading of a position within twenty-one days of such grading having been referred to the committee.

 

(iv)     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.

 

(v)       The report of the committee shall be signed by at least one representative of the employer and of the Union.

 

(vi)     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 employee under this Award.

 

4.  Labour Flexibility

 

(i)       The employer may direct an employee to carry out such duties as are reasonable and within the limits of the employee’s skill, competence and training, consistent with the employee’s classification, grouping and/or career stream, provided that such duties are not designed to promote deskilling.

 

(ii)      The employer may direct an employee to carry out such duties and use such tools and equipment as may be required, provided that the employee has been properly trained or has otherwise acquired the necessary skills in the use of such tools and equipment.

 

(iii)     Any direction issued by the employer pursuant to subclauses (i) and (ii) shall be consistent with the employer’s responsibilities to provide a safe and healthy work environment.

 

(iv)     Existing provisions with respect to the payment of mixed functions/higher duties allowances shall apply in such circumstances.

 

5.  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 or domestic 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.  Conditions of Service

 

The Public Hospitals (Professional and Associated Staff) 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 all relevant employees.

 

7.  Dispute Resolution

 

The dispute settlement procedures contained in the applicable conditions award as outlined in Clause 6, Conditions of Service (and as varied or replaced from time to time), shall apply.

 

8.  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.

 

9.  Area, Incidence and Duration

 

(i)       This Award takes effect from 1 July 2023 and shall remain in force for a period of one year.

 

(ii)      This Award rescinds and replaces the Public Hospitals Medical Records Librarians Award 2022 published 20 October 2022 (392 I.G. 1353) and all variations thereof.

 

(ii)      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.

 

 

 

N. CONSTANT Chief Commissioner

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.