PUBLIC HOSPITALS MEDICAL RECORD LIBRARIANS (STATE)
AWARD 2024
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Health
Secretary, NSW Ministry of Health
(No. IRC 242953 of 2024)
Before President Taylor
|
26 November 2024
|
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 Professionals Salaries (State) Award 2024,
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
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.
9. Area, Incidence and
Duration
(i) This Award takes effect from 1 July 2024 and shall remain in force for a period
of one year.
(ii) This Award rescinds and replaces the Public Hospitals Medical Records Librarians (State) Award 2023 published 19 September 2023 (395 I.G.
211) 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 s115(1) of the Health
Services Act 1997, or their successors, assignees or transmittees, excluding
the County of Yancowinna.
I. TAYLOR J, President.
____________________
Printed by
the authority of the Industrial Registrar.