Public Hospital Medical Officers (State) Award 2023
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Ministry of Health.
(Case No. 216536 of 2024)
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Before Commissioner Muir
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21 June 2024
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VARIATION
1. Delete the
definition of "Registrar" in clause 1, Definitions, of the award
published 21 July 2023 (394 I.G. 778) and insert in lieu the following:
(i) has had at
least three years' experience in public hospital service as defined under this
Award; or
(ii) has had at
least two years' experience in public hospital service and is training under an
accredited training program which allows the medical officer to occupy the
position of registrar in their third year of post graduate training;
and
(iii) is appointed as
a registrar by a hospital, and
(iv) is occupying a
position of registrar in an established position as approved by the employer.
2. Delete
subclause (v) of clause 6, Hours of Work and replace with the following:
(v) All time worked
in excess of ten hours in any one shift shall be paid as if it were overtime.
3. Delete clause
10, Meal Breaks and replace with the following:
10. Meal Breaks
The principles to be applied by the employer in relation to
meal breaks for Resident Medical Officers are outlined in Ministry of Health
Circular No. 88/251.
Day Shifts - Monday to Friday
(i) Subclauses (ii)
to (v) apply to a shift of rostered hours commencing at or after 7.00am and
finishing no later than 7.00pm.
(ii) In the
interests of patient care and the health and welfare of medical staff, officers
must have a break from duty for the purpose of taking a meal.
(iii) There shall be
a uniform meal break of 30 minutes except where locally agreed arrangements for
a longer period are made (which shall not exceed one hour).
(iv) If officers are
required to work during their meal break they shall be paid for the time
worked.
(v) Medical
Administrators are to establish simple and effective procedures in consultation
with officers to record when staff are required to work through their meal
break and to ensure that payment is made.
Shifts Other than Day Shifts - Monday to Friday
(vi) Subclause (vii) below
applies to shifts other than those referred to in subclause (i) above.
(vii) The arrangements
outlined in Circular No. 83/250 of 19 August, 1983 in relation to meal breaks
during shifts other than Day Shifts, Monday to Friday, will continue to apply.
4. Delete clause
12, On Call and Call Back and replace with the following:
12. On Call and Call
Back
(i) An "on
call period" is a period during which an officer is required by the
employer to be on call. The forms of on call are:
(a) "on call
(clinical) duty" means the officer is required by the employer to hold
themselves in readiness and to provide remote clinical support or attend a
hospital to perform work as clinically appropriate, if called upon to do so; or
(b) "on call
(relief) duty” means the officer is required by the employer to hold themselves
in readiness to attend a hospital to perform work in the event of an emergent
situation if called upon to do so, but not to provide remote clinical support.
(ii) For the
purposes of calculation of payment of on-call allowances and for call-back duty
(where an officer on call is called upon to attend a hospital to perform work),
an on-call period shall not exceed 24 hours.
(iii) An officer
shall be paid for each on-call period which coincides with a day rostered on
duty an allowance as set out in Item 3 of Table 1, Allowances, and for each
on-call period coinciding with a day not rostered on duty an allowance as set
in the said Item 3, as applicable to the type of on-call for which the officer
is rostered.
(iv) Subject to
subclauses (v) - (x) below, officers who are required to attend a hospital to
perform any work, whether notified before or after leaving the employer’s
premises, shall be paid for all time worked at the appropriate overtime rate, with
a minimum of four hours at such rates.
(v) Once an officer
is in attendance at a hospital, they may be required to perform work other than
that for which they were originally recalled. Officers shall not be required to
work the full four hour minimum payment period if they complete the work they
were recalled to perform and any additional work they are required to
undertake, within a shorter period.
(vi) The employer
must have processes in place for the formal release of officers from recall
duty.
(vii) Officers who are
not formally released and who are recalled again during the four hour minimum
payment period are not entitled to any additional payment until the expiration
of the four hour period.
(viii) Officers who are
advised they will not be required to perform any additional work and are
formally released and who are subsequently recalled again during the four hour
minimum payment period, shall be entitled to another four hour minimum payment.
(ix) The allowances in
Item 3 of Table 1, Allowances compensate an officer for all of their time on
call other than time performing call-back duty in accordance with subclause
(iv). To avoid any doubt:
(a) an officer who
is on call is not entitled to be paid any additional amount for time spent
answering a call or time spent travelling to a hospital to perform call-back
duty;
(b) an officer on
on-call (clinical) duty is not entitled to any additional payment for time
spent providing remote clinical support; and
(c) time referred
to in subclauses (a) and (b) does not count as time worked for the purposes of
this award.
(x) Where
clinically appropriate, an officer on on-call (clinical) duty must provide
technology support resolution or clinical support remotely.
5. Delete Table 1
- Allowances and Other Rates of Part B and replace with the following:
Table 1 - Allowances and Other Rates
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Item No.
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Clause
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Allowance Description
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Frequency
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Rate from first pay period on or after 1-Jul-2023
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In Charge
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|
|
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1
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5
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In charge Allowance
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Per 12 hours of duty or part thereof
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22.80
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|
|
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Meal Allowance for Overtime
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|
|
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2
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11(ii)
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(a) Breakfast at or before
6.00 a.m.
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Each
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35.65*
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2
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11(ii)
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(b) Evening at
least 1 hour after normal ceasing time and
extends beyond or is worked
wholly after 7.00 pm.
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Each
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35.65*
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2
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11(ii)
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(c) Lunch
beyond 2.00pm Saturdays, Sundays or Holidays
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Each
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35.65*
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On-call
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|
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3
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12(iii)
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On-call (clinical)
allowance per on-call period which coincides with a day rostered on duty
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Per Day
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$106.20
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3
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12(iii)
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On-call
(clinical) allowance per on-call period which coincides with a day rostered
off duty
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Per Day
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$213.20
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3
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12 (iii)
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On call (relief)
allowance per on-call period which coincides with a day rostered on duty
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Per
Day
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$35.00
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3
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12(iii)
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On call (relief) allowance per on-call period
which coincides with a day rostered off duty
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Per
Day
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$50.00
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Uniform
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|
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4
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21(iii)
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Full uniform including special shoes if required
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Per Week
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2.89
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4
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21(iii)
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Other Cases
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Per Week
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2.13
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6. This
variation will take effect on and from 1 July 2024.
C. MUIR, Commissioner
____________________
Printed by the
authority of the Industrial Registr