PUBLIC HOSPITAL (TRAINING WAGE) (STATE) AWARD 2024
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Health
Secretary, NSW Ministry of Health.
(No. IRC 242924 of 2024)
Before President Taylor
|
26 November 2024
|
AWARD
PUBLIC HOSPITAL (TRAINING
WAGE) (STATE) AWARD 2024
AWARD
PART A
Arrangement
Clause No. Subject Matter
1.
Title
2.
3.
Definitions
4.
5.
Application
6.
7.
Objective
8.
9.
Training Conditions
10.
11.
Employment Conditions
12.
13.
Wages
14.
15.
Grievance and Dispute
Procedures
16.
17.
No Extra Claims
18.
19.
Area, Incidence & Duration PART B
Table 1 - Monetary Rates
- Industry/Skill Level
A
Table 2 - Monetary Rates - Industry/Skill Level B
Table 3 - Monetary Rates - School
based Trainees
APPENDIX A - INDUSTRY/SKILLS LEVELS
PART A
1.
Title
This Award shall be known as the Public
Hospital (Training Wage) (State) Award 2024.
2. Definitions
"Ambulance Service" means the Ambulance Service of NSW as referred
to in section 67A of the Health
Services Act 1997, as
amended or varied from time to time.
"Appropriate State Legislation" means the Apprentice and Traineeship Act 2001
(NSW) or any successor
legislation, as amended or varied from time to time.
"Approved Training" means training undertaken (both on or
off the job) in a Traineeship and shall involve formal instruction, both
theoretical and practical, and supervised practice in accordance with a
Traineeship Scheme approved by the relevant Training Services NSW. The training
will be accredited and lead to qualifications as set out in clause 6, Training
Conditions.
"Commission" means the Industrial Relations
Commission of New South Wales.
"Health Service" means a Public
Health Organisation or the Ambulance
Service.
"Industrial Instrument" means an Award of the New South
Wales Industrial Relations Commission, Determination made pursuant to section 116A of the Health Services Act 1997 or an Agreement made pursuant to section 116A of the Health Services Act 1997, as amended or
varied from time to time.
"Ministry" means the Ministry of Health.
"Parties to a
Traineeship Scheme" means the
employer organisation and/or the
employer and the relevant union
involved in the consultation and negotiation required for the approval of a
Traineeship Scheme.
"Public Health Organisation" means an organisation as
defined in section 7 of the Health
Services Act 1997, as amended or varied from time to time.
"Relevant Award" means an Award/agreement that applies to
a Trainee, or that would have applied but for the operation of this Award.
"Relevant Union" means a union party to a relevant
Award/Agreement and which is entitled to enrol the Trainee as a member.
"Trainee" means an employee who is bound by a Traineeship
Agreement made in accordance with this Award and employed in terms of the
public hospital Award.
"Traineeship" means a system of training which has been approved by the relevant
Training Services NSW and which is
being undertaken in a Health Service, either as an employee of that Health
Service, or as an employee of another organisation which has allocated the
trainee to the Health Service for the period of the traineeship.
"Traineeship Agreement" means an agreement made subject to
the terms of this Award between an employer and the Trainee for a Traineeship and which is registered with the relevant Training Services NSW or under the provisions of the
appropriate state legislation. A Traineeship Agreement shall be made in
accordance with the relevant approved Traineeship Scheme and shall not operate
unless this condition is met.
"Traineeship Scheme" means an approved Traineeship
applicable to a group or class of employees or to an industry or sector of an
industry or enterprise. A Traineeship Scheme shall not be given approval unless
consultation and negotiation with the relevant
union(s) regarding the terms of the proposed
Traineeship Scheme has
occurred. An application for approval of a Traineeship Scheme shall identify
the relevant union(s) and demonstrate to the satisfaction of the relevant
Training Services NSW that the abovementioned consultation and negotiation has occurred. A
Traineeship Scheme shall include a standard format which may be used for a
Traineeship Agreement.
3. Application
(a) Subject to subclause (c) of this clause
this Award shall apply to persons who are undertaking a Traineeship and is to
be read in conjunction with any Award of the Industrial Relations Commission of
New South Wales or other industrial instrument which covers the terms and
conditions of employment of persons
performing work in the classifications covered.
(b) The terms and conditions of any such
legally registered Award of the Industrial Relations Commission of New South Wales or other industrial
instrument shall apply except where inconsistent with this Award.
(c) Notwithstanding the foregoing, this Award
shall not apply to employees who were employed under any legally registered Award of the Industrial Relations Commission of New South Wales
or other industrial instrument prior to the date
of approval of a traineeship scheme relevant to the Ministry, except where
agreed between the Ministry and the relevant union(s).
(d) This Award does not apply to Apprentices.
4. Objective
The objective of this Award is to assist with the establishment of a
system of traineeships which provides approved training in conjunction with
employment in order to enhance the skill levels and future employment prospects
of trainees, particularly young people and the long term unemployed. The system
is neither designed nor intended for those who are already trained and job
ready. It is not intended that existing employees shall be displaced from employment by trainees.
Except as provided for in clause 5, Training Conditions, nothing in this Award shall be taken to replace the
prescription of training requirements in any relevant Award or other industrial
instrument.
5. Training Conditions
(a) The Trainee shall attend an approved
training course or training program prescribed in the Traineeship Agreement or
as notified to the trainee by the relevant Training Services NSW in an
accredited and relevant Traineeship Scheme.
(b) A Traineeship
shall not commence until the
relevant Traineeship Agreement, made
in accordance with a Traineeship Scheme, has been signed by the employer and
the trainee and lodged for registration with the relevant Training Services
NSW, provided that if the Traineeship Agreement is not in a standard format a
Traineeship shall not commence until the Traineeship Agreement has been
registered with the relevant Training Services NSW.
The employer shall ensure that the Trainee is permitted
to attend the training course or program provided
for in the Traineeship Agreement and shall ensure that the Trainee receives the
appropriate on- the-job training.
(c) The employer shall provide a level of supervision in accordance with the
Traineeship Agreement during the traineeship period.
(d) The employer agrees that the overall
training program will be monitored by officers of the relevant Training
Services NSW and training records or workbooks may be utilised as part of this
monitoring process.
(e) Training
shall be directed
at:
(i) the achievement of key competencies
required for successful participation in the workplace where these have not previously been achieved (e.g., literacy,
numeracy, problem solving, team work, using technology) and as are proposed to
be included in the Australia Quality Framework, Certificates at Level 1, or
future qualifications at Level 1, as determined from time to time by the
Australian National Training Authority and/or the New South Wales Department of
Education.
This could be achieved through
foundation competencies which are part of endorsed competencies for an industry or
enterprise.
(ii) The achievement of competencies required
for successful participation in an industry or
enterprise (where there are endorsed national standards these will
define these competencies), as are proposed to be included in the Australia Quality Framework,
Certificates at Level 2, or future
qualifications at Level 2, as determined from time to time by the Australian
National Training Authority and/or the New South Wales Department of Education.
6. Employment
Conditions
(a) Full-Time Traineeships
(i) A Trainee shall be engaged as a
full-time employee for a maximum of one year's duration provided that a Trainee
shall be subject to a satisfactory probation period of up to one month, which
may be reduced at the discretion of the employer. By agreement in writing, and
with the consent of the relevant Training
Services NSW, the employer and the Trainee
may vary the duration of the Traineeship and the
extent of approved training, provided that any agreement to vary is in
accordance with the relevant Traineeship Scheme.
(ii) The Trainee will be permitted to be
absent from work without loss of continuity of employment and/or wages to
attend the training in accordance with the Traineeship Agreement.
(iii) Where the employment of a Trainee by an
employer is continued after the completion of the traineeship period, such
traineeship period shall be counted as service for the purposes of any relevant
industrial instrument or any other legislative entitlements.
(iv)
(a) The Traineeship
Agreement may restrict the circumstances under which the trainee may work
overtime and shift work in order to ensure that the training program is
successfully completed.
(b) No Trainee shall work overtime or shift
work on their own unless consistent with the provisions of the relevant Award
or other industrial instrument.
(c) No Trainee shall work shift work unless
the parties to a Traineeship Scheme agree that such shift work makes
satisfactory provision for approved training. Such training may be applied over a
cycle in excess of a week but, must average over the relevant
period no less than the amount of training required for non-shift work
Trainees.
(d) The Trainee salary shall be the basis for
the calculation of overtime and/or shift penalty rates prescribed by the
relevant industrial instrument, unless otherwise agreed by the parties to a
Traineeship Scheme, or unless the relevant Award makes specific provision for a Trainee to be paid at a higher rate,
in which case the higher rate shall apply.
(v) All other terms and conditions of the
relevant industrial instruments that are applicable to the Trainee or would be
applicable to the Trainee but for this Award shall apply unless specifically
varied by this Award.
(vi) All conditions of employment applying to
temporary employees under the relevant Health
Service Award, other than those specified in this Award, shall apply to
Trainees.
(vii) A Trainee who fails to complete the
Traineeship or who is not offered employment upon the completion of the
Traineeship shall not be entitled to any severance payments.
(b) Full-Time School-Based Traineeships
(i) School-Based Trainees shall not be
required to attend work during the interval starting four weeks prior to the commencement of the
final Higher School Certificate examination period and ending upon the
completion of the individual’s last examination period.
(ii) For the purposes of this Award, a
School-Based Trainee shall become an ordinary Trainee as at January 1 of the
year following in which they cease to be a school student.
(iii) School-based trainees are to be paid an
amount as detailed in Table 3, School-Based Trainees, of Part B, Monetary
Rates.
(iv) School-Based Traineeships are part-time
and subject to additional conditions.
(v) A "school-based Trainee" may be
defined as being a student enrolled in the Higher School Certificate, or
equivalent qualification, who is undertaking a traineeship which forms a recognised component of their HSC
curriculum, and is endorsed by the relevant Training Services NSW and the NSW Education Standards Authority as such.
(c) Part-Time Traineeships
(i) A Trainee shall be engaged as an
employee on a part-time basis by working less than full-time ordinary hours.
(ii) The salary rate shall be pro rata the
full-time rates based on variation in the amount of training and/or the amount
of work over the period of the traineeship, which may also be varied on the
basis of the following formula.
Full-time salary rate
(Trainee hours - Average weekly
training time)
|
30.4
|
Note: 30.4 in the above formula represents 38 ordinary
full-time hours less the average training time for full-time trainees (i.e.
20%).
(iii) "Full-time salary rate" means
the appropriate rate as set out in Part B, Monetary Rates.
(iv) "Trainee hours" shall be the
hours worked per week including the time spent in approved vocational training.
For the purpose of this definition, the time spent in approved vocational
training may be taken as an average for that particular year of the
Traineeship.
(v) "Average weekly training time"
is based upon the length of the Traineeship specified in the Traineeship
Agreement or the Training Contract as follows:
7.6 x 12
|
Length of the Traineeship in months
|
Note 1: 7.6 in the above formula represents the average
weekly training time for a full-time Trainee whose ordinary hours are 38 per
week.
Note 2: The parties note that the Traineeship Agreement
will require a Trainee to be employed for
sufficient hours to complete all requirements of the Traineeship, including the
on the job work experience and
demonstration of competencies. The parties also note that this would normally
result in the equivalent of a full days on the job work per week.
(vi) A part-time Trainee shall receive, on a
pro rata basis, all employment conditions applicable to a full-time Trainee.
All the provisions of this Award shall apply to part-time Trainees except as
specified in this clause.
(vii) A part-time Trainee may, by agreement,
transfer from a part-time to a full-time Traineeship position should one become
available.
(viii) The minimum engagement periods specified in
the relevant Award shall also be applicable to part-time Trainees.
(ix) Minimum and maximum hours of work for
part-time employees specified in the Relevant
Award shall apply to part-time Trainees also. Example of the Calculation
for the Salary Rate for a Part- Time Traineeship
Example of the calculation for
the salary rate
for a part-time traineeship
|
A school
student commences a Traineeship in Year 11. The ordinary hours of work in the
Relevant Award are 38.
The Training Contract specifies two years
(24 months) as the length
of the
Traineeship.
|
"Average weekly training time" is therefore 7.6 x 12/24
- 3.8 hours.
|
"Trainee hours" totals 15 hours;
these are made up of 11 hours’ work which is worked
over 2 days
of the week plus 1-1/2 hours on the job training plus 2-1/2 hours off the job approved
training at school and at
TAFE.
|
So the
wage rate in Year 11 is:
|
$304.40
|
x
|
15 - 3.8
|
=
|
$112.15
|
plus any applicable penalty rates under the relevant Award.
|
|
|
30.4
|
|
|
|
The salary
rate varies when
the student completes Year 11 and passes the anniversary date
of 1 January the following
year to begin Year 12 and/or if "Trainee hours" changes.
|
(d) Other Conditions
For any other conditions of employment see Health
Employees Conditions of Employment (State) Award 2023; Public Hospital
(Professional and Associated Staff) Conditions of Employment (State) Award
2023; and/or Paramedics and Control Centre Officers (State) Award 2023 as
varied or replaced from time to time.
7.
Salaries
(a)
(i) The weekly
salary payable to Trainees are as provided in Table 1 - Industry/Skill Level A
and Table 2 - Industry/Skill Level B,
of Part B, Monetary Rates.
(ii) These salary rates
will only apply to Trainees
while they are undertaking an approved
Traineeship which includes approved training as defined in this Award.
(iii) The salary rates prescribed by this clause
do not apply to complete trade level training which is covered by the
Apprenticeship system.
(b) The weekly salary in this Award recognise
the Fair Work Commission’s Annual Wage Review Decisions and are paid in
settlement of any claim for increases that arise should these National Wage
Decisions be adopted for the purposes of this Award under the Industrial Relations Act 1996.
(c) Appendix A -
Industry/Skill Levels sets out the industry/skill level of an approved
Traineeship. The industry/skill levels contained in Appendix A are prima facie
the appropriate levels but are not determinative of the actual skill levels
(i.e. Skill Level A, B, or C) that may be contained in a Traineeship Scheme.
The determination of the appropriate skill level for
the purpose of determining the appropriate salary rate shall be made by the relevant Training Services NSW based
on the following criteria:
(i) Any agreement of the parties
(ii) The nature of the industry
(iii) The total training
plan
(iv) Recognition that training can be undertaken in stages
(v) The exit skill
level in the relevant Award contemplated by the Traineeship.
In the event that the parties disagree with such
determination it shall be open to any party to the Award to seek to have the
matters in dispute determined by the Commission.
(d) For the purposes of this provision,
"out of school" shall refer only to periods out of school beyond Year
10, and shall be deemed to:
(i) include
any period of schooling beyond Year 10 which was not part of nor contributed to a
completed year of schooling;
(ii) include any period during which a Trainee
repeats in whole or part a year of schooling beyond Year 10; and
(iii) not include any period during
a calendar year in which
a year of schooling is completed.
(e) At the conclusion of the Traineeship,
this Award ceases to apply to the employment of the Trainee and the relevant
industrial instrument shall apply to the former trainee.
8. Grievance and Dispute Procedures
(a) Where any
grievance, question, dispute, or difficulty arises it shall be dealt with as
close to its source as possible. Where a matter is not resolved, further
attempts to resolve the matter must be made at progressively higher levels of
authority.
(b) Reasonable
time limits will be allowed at each level for any necessary discussion,
investigation and consideration of the matter. Whilst these procedures are
continuing the status quo shall remain and no stoppage of work or any other
form of ban or limitation of work shall be applied.
(c) A grievance of an individual employee
should firstly be put to their supervisor. At the conclusion of discussions
between the employee and the employer, the employer must provide a response to
the employee's grievance, and, in the event the matter is not resolved, reasons
for not implementing any proposed remedy.
(d) An employee or employees may be
represented by the Union or other appropriate person, and the employer by an
industrial organisation, at any stage of these procedures.
(e) In the event that the matter remains
unresolved, the matter may be referred to the Industrial Relations Commission
of New South Wales.
(f) If the question, dispute or difficulty relates to training, the matter may be dealt
with under the Apprenticeship and Traineeship Act 2001 (NSW)
as amended from time to time.
9. No Extra Claims
The Commission makes this Award on the basis that the parties have
provided the following undertaking: Other than as provided for in the Industrial
Relations Act 1996, 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 2025 by a party to this Award.
For the avoidance of doubt, the
Parties may, during the term of this Award, discuss additional opportunities
for system improvements and, if agreed, a further pay increase may be provided
to recognise the contribution of employees to those system improvements.
10. Area, Incidence
and Duration
(a) This Award shall apply to all classes
of trainees in Appendix A - Industry/Skill Levels.
(b) This
Award shall rescind and replace the Public Hospital (Training Wage) (State)
Award 2023 published 19 September 2023 (395 I.G. 215) and all variations
thereof.
(c) This
Award takes effect from 1 July 2024 and shall remain in force for a period of one year. The rates
in the second column in the tables of Part B - Monetary
Rates will apply from the first full pay period on or
after (ffppoa) 1 July 2024.
PART B
MONETARY RATES
Table 1 - Industry/Skill Level A:
Where the
accredited training course and work performed are for the purpose of generating
skills which have been defined for work at industry/skill Level A.
In the period 1 July 2024 to the commencement of the first full pay
period on or after 1 July 2024, the applicable rates of pay are those that
applied immediately prior to the first full pay period on or after 1 July 2024.
Classification
|
Rate from ffppoa 01/07/2024
Per week
$
|
Trainee - Skill/Industry Level A
|
|
Completed Year 10
|
|
School Leaver (50%)
|
346.39
|
School Leaver (33%)
|
395.57
|
Plus 1 year out of school
|
461.54
|
Plus 2 years out of school
|
541.86
|
Plus 3 years out of school
|
618.55
|
Plus 4 years out of school
|
707.21
|
Plus 5 years or more
|
799.52
|
Completed Year 11
|
|
School Leaver (33%)
|
418.40
|
School Leaver (25%)
|
461.54
|
Plus 1 year out of school
|
541.86
|
Plus 2 years out of school
|
618.55
|
Plus 3 years out of school
|
707.21
|
Plus 4 years out of school
|
799.52
|
Plus 5 years or more
|
799.52
|
Completed Year 12
|
|
School Leaver (33%)
|
541.86
|
Plus 1 year out of school
|
618.55
|
Plus 2 years out of school
|
707.21
|
Plus 3 years out of school
|
799.52
|
Plus 4 years out of school
|
799.52
|
Plus 5 years or more
|
799.52
|
The figures in brackets indicate the average proportion of time
spent in Structured Training to which the associated salary rate is applicable.
Where not specifically indicated the average portion of time spent in
structured training which has been taken into account in setting the rate is 20
per cent.
Table 2 - Industry/Skill Level B:
Where the accredited training course and work performed are for the
purpose of generating skills which have been defined for work at industry/skill
Level B.
In the period 1 July 2024 to the commencement of the first full pay
period on or after 1 July 2024, the applicable rates of pay are those that
applied immediately prior to the first full pay period on or after 1 July 2024.
Classification
|
Rate from ffppoa 01/07/2024
Per week
$
|
Trainee - Skill/Industry Level B
|
|
Completed Year 10
|
|
School Leaver (50%)
|
346.39
|
School Leaver (33%)
|
395.57
|
Plus 1 year out of school
|
461.54
|
Plus 2 years out of school
|
524.97
|
Plus 3 years out of school
|
594.59
|
Plus 4 years out of school
|
686.91
|
Plus 5 years or more
|
772.04
|
Completed Year 11
|
|
School Leaver (33%)
|
418.40
|
School Leaver (25%)
|
461.54
|
Plus 1 year out of school
|
524.97
|
Plus 2 years out of school
|
594.59
|
Plus 3 years out of school
|
686.91
|
Plus 4 years out of school
|
772.04
|
Plus 5 years or more
|
772.04
|
Completed Year 12
|
|
School Leaver (33%)
|
524.97
|
Plus 1 year out of school
|
594.59
|
Plus 2 years out of school
|
686.91
|
Plus 3 years out of school
|
772.04
|
Plus 4 years out of school
|
772.04
|
Plus 5 years or more
|
772.04
|
The figures in brackets indicate the average proportion of time
spent in Structured Training to which the associated salary rate is applicable.
Where not specifically indicated the average portion of time spent in
structured training which has been taken into account in setting the rate is 20
per cent.
Table 3 - School Based Trainees
In the period 1 July 2024 to the commencement of the first full pay
period on or after 1 July 2024, the applicable rates of pay are those that
applied immediately prior to the first full pay period on or after 1 July 2024.
Classification
|
Rate from ffppoa 01/07/2024
Per week
$
|
Trainee- School Based
|
|
Year 11
|
425.50
|
Year 12
|
461.54
|
Appendix A
(i) Any Traineeship or Traineeships for a declared
calling as defined
by the Apprenticeship and Traineeship Act 2001 (NSW) as
amended from time to time.
(ii) Industry/Skill Level A
Certificate III in Aboriginal and/or
Torres Strait Islander
Primary Health Care
Certificate III in Allied Health Assistance
Certificate III in Basic Health
Care
Certificate III in Non-Emergency Patient Transport
Certificate III in Ambulance Communications (Call Taking)
Certificate III in Dental Assisting
Certificate III in Health Services Assistance
Certificate III in Pathology Collection
Certificate III in Pathology Assistance
Certificate III in Dental Laboratory Assisting
Certificate III in Hospital/Health Services
Pharmacy Support
Certificate III in Sterilisation Services
Certificate III in Health Support
Services
Certificate III in Health Administration
Certificate III in Population Health
Certificate III in Indigenous Environmental Health
Certificate IV in Aboriginal and/or
Torres Strait Islander
Primary Health Care (Practice)
Certificate IV in Aboriginal and/or Torres Strait
Islander Primary Health Care
Certificate IV in Allied Health Assistance
Certificate IV in Ambulance Communications (Dispatch)
Certificate IV in Audiometry
Certificate IV in Dental Assisting
Certificate IV in Operating Theatre
Technical Support
Certificate IV in Cardiac Technology
Certificate IV in Hospital/Health Services
Pharmacy Support
Certificate IV in Sterilisation Services
Certificate IV in Health Administration
Certificate IV in Health Supervision
Certificate IV in Population Health
Certificate IV in Indigenous Environmental Health
(iii) Industry/Skill Level B
Certificate II in Aboriginal and/or
Torres Strait Islander
Primary Health Care
Certificate II in Emergency Medical Services First
response
Certificate II in Health Support
Services
Certificate II in Population Health
Certificate II in Indigenous Environmental Health
I.
Taylor J, President.
____________________
Printed by
the authority of the Industrial Registrar.