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AWARD
Clause: Subject Matter
1
BASIC WAGE
2 DEFINITIONS
3 SALARIES
3A NO
EXTRA CLAIMS
3B PAYMENT
OF SALARIES
4
QUALIFICATION ALLOWANCE
4A IN-CHARGE
ALLOWANCE
5 HOURS
OF WORK
6 PENALTY
RATES
7 TIME
WORKED
7A MEAL BREAKS
8
OVERTIME
9
ON-CALL AND CALL-BACK
10 ANNUAL
LEAVE
11 PUBLIC
HOLIDAYS
12 SICK
LEAVE
13 MATERNITY LEAVE
14 COMPASSIONATE
LEAVE
15 LONG
SERVICE LEAVE
16 BOARD AND ACCOMODATION
17 UNIFORM
AND LAUNDRY ALLOWANCES
18 TERMINATION OF EMPLOYMENT
19 DISPUTES
20 STUDY LEAVE
21 TRAVELLING
ALLOWANCES
21A PREFERENCE
OF EMPLOYMENT
22 LEAVE
RESERVED
22A MOBILITY,
EXCESS FARES AND TRAVELLING
22B PAYMENT AND PARTICULARS OF SALARY
22C SECONDMENT
23 AREA,
INCIDENCE AND DURATION
24 RELOCATION EXPENSES
25 LABOUR
FLEXIBILITY
CLAUSE 1. BASIC WAGE Return to Page
(i) This award, in so far as it fixes rates of wages is made by reference and in relation to a basic wage for adult males of $121.40 per week.
(ii) For the purpose of this clause, "annual equivalent of the basic wage for adult males" means the sum ascertained by multiplying the basic wage for adult males from time to time in force by 52 1/7th and rounding off the product to the nearest dollar.
(iii) The annual equivalent of the basic wage for adult males of $121.40 per week is $6,330.
(iv) When, pursuant to section 58(3) of the Industrial Arbitration Act, 1940, any notification of a basic wage for adult males, as varied, pursuant to a direction of the Industrial Commission is notified in the Industrial Gazette, the amount of the difference between the annual equivalent of the basic wage for adult males as so notified and $6,330 shall be ascertained. (v) Thereupon, and with effect from the day specified in the notification published in the Industrial Gazette relating to that direction, clause 3, Salaries, of this award shall be varied by substituting for the salaries prescribed immediately before the said day new salaries calculated by adding or subtracting, as the case may require, to or from the salaries as originally fixed by the said clause 3, the amount of the difference so ascertained.
(vi) The provisions of subsection (5) of section 58 of the said Act, to the extent to which they are inconsistent with the provisions of this clause, are hereby expressly excluded.
CLAUSE 2. DEFINITIONS Return to Page
"Officer" means a medical officer employed on a full-time basis at a hospital.
"Association" means the Public Service Association of New South Wales.
"Service" for the purpose of clause 3, Salaries, means service before and/or after the commencement of this award in one or more hospitals or in other institutions approved from time to time by agreement between the parties of this award. It shall include service as a medical officer in the Australian Armed Forces and service, whether continuous or not, in other hospitals within the Commonwealth of Australia.
"Hospital" means any institution or organisation listed in the second, third or fourth schedule of the Public Hospitals Act, 1929.
"Higher Medical Qualifications" means such qualifications obtained by a medical practitioner subsequent to graduation and includes:
(i) post-graduate university degrees and diplomas recognised by the Medical Board of New South Wales as qualifications, or
(ii) membership or fellowship of the Royal College or Royal Australasian College of Physicians or fellowship of the Royal College or Royal Australasian College of Surgeons or membership or fellowship of the Royal College of Obstetricians and Gynaecologists, or
(iii) such other post-graduate qualifications obtained by examination and recognised by the Medical Board of New South Wales and acceptable to the Health Commission of New South Wales, including fellowship of the Royal Australian College of General Practitioners.
"Intern" means a medical officer serving in a hospital prior to his obtaining full registration pursuant to section 17 (3) (a) of the Medical Practitioners Act, 1938.
"Resident" means a medical officer who has obtained full registration.
"Registrar" means a medical officer who:
(i) has had at least three years' experience in public hospital service as defined under this award or any lesser period acceptable to the Health Commission of New South Wales, and
(ii) is appointed as a registrar by a hospital, and
(iii) is occupying a position of registrar in an established position as approved by the Health Commission of New South Wales.
"Senior Registrar" means a registrar holding higher medical qualifications and occupying a position of senior registrar in an established position as approved by the Health Commission of New South Wales.
"Weekly Rates" will be ascertained by dividing an annual amount by 52.17857 or a weekly rate can be multiplied by 52.17857 to obtain the annual amount.
CLAUSE 3. SALARIES Return to Page
The following minimum salaries shall be paid to officers:
Per Annum $ (from f.p.p. on or after 17/9/91) Intern 27,411
Resident 1st year of service 32,130 2nd year of service 35,337 3rd year of service 40,026 4th year of service 43,453
Registrar 1st year of service 40,026 2nd year of service 43,453 3rd year of service 46,892 4th year of service 50,194 Senior Registrar 56,437
The salary for Senior Registrar takes into account that a higher medical qualification is a prerequisite for appointment as such.
Provided that Medical Officers licensed under section 21c (3) of the Medical Practitioners Act shall not be eligible for progression above the rate for the Intern without the prior approval of the Health Commission of New South Wales.
For the purposes of calculation of payments to officers pursuant to the provisions of this award, one hour's pay shall be calculated in accordance with the following formula:
Annual Salary x 1 52.143 38
and one day's pay shall be calculated by multiplying one hour's pay (as calculated in accordance with the above formula) by 7.6.
CLAUSE 3A. NO EXTRA CLAIMS Return to Page
It is a term of this award (arising from the decision of the Industrial Commission of New South Wales in Court Session in the State Wage Case - August 1988 (Matter Nos. 910 and 911 of 1988)) that the union undertakes, until 1 July 1989, not to pursue any extra claims, award or overaward, except where consistent with the State Wage Case Principles.
CLAUSE 3B. PAYMENT OF SALARIES Return to Page
Employees shall have their salary paid into one account with a bank or other financial institution in New South Wales as nominated by the employee, except where agreement as to another method of payment has been reached between the Association and the Corporation due to the isolation of the employing hospital. Salaries shall be deposited by hospitals in sufficient time to ensure that wages are available for withdrawal by employees no later than pay day, provided that this requirement shall not apply where employees nominate accounts with non-bank financial institutions which lack the technological or other facilities to process salary deposits within 24 hours of the hospitals making their deposits with such financial institutions, but in such cases hospitals shall take all reasonable steps to ensure that the wages of such employees are available for withdrawal by no later than pay day. Subject to adequate notice in writing on each occasion, employees who are rostered off on pay day shall be entitled to have their salary deposited before proceeding on their day or days off.
CLAUSE 4. QUALIFICATION ALLOWANCE Return to Page
An allowance of $2,252 per annum shall be paid to officers who obtain an appropriate higher medical qualification subject to graduation.
Provided that this clause shall not apply to an officer who is appointed as a Senior Registrar, the salary rate prescribed in clause 3, Salaries, of this award for such position having taken into account that a higher medical qualification is a prerequisite for appointment.
Provided further that, where an officer in his fifth and subsequent years of registrarship is expected to meet the formal requirements of a higher medical qualification in that year, he shall be paid half the qualification allowance.
CLAUSE 4A. IN-CHARGE ALLOWANCE Return to Page
An allowance of $15.00 shall be paid to medical officers for each twelve hours, or part thereof, of continuous in-charge duty for responsibility for after-hours medical services.
NOTE: This allowance applies to one Resident Medical Officer per hospital at any one time (See Departmental Circular No.88/250)
CLAUSE 5. HOURS OF WORK Return to Page
(i) The ordinary hours of work shall not exceed an average of 38 hours per week. This shall be achieved by rostering officers for duty over either forty hours in any period of seven consecutive days or eighty hours in any period of fourteen consecutive days and, in addition, then granting officers roster leave additional to that prescribed in sub-clause (ii) of this clause to the extent of one additional day per calendar month. Such additional roster leave may accumulate to a maximum of twelve days and shall be granted in multiples of one day for periods ranging from one day to two weeks. Upon termination of employment an officer shall be paid the monetary value of any untaken additional roster leave, calculated at the officer's ordinary time rate of pay as prescribed by clause 3, Salaries, of this award.
(ii) Officers shall be free from ordinary hours of duty for not less than two days in each week or, where this is not practicable, four days in each fortnight. Where practicable, days off shall be consecutive and where possible additional rostered days off shall be combined with other rostered time off.
(iii) No shift shall be less than eight hours in length on a week-day or less than four hours in length on a Saturday, Sunday or public holiday.
(iv) No broken or split shifts shall be worked.
*(v) All time worked in excess of ten hours in any one shift shall be paid as overtime.
* ORDER OF INTERPRETATION (The Industrial Commission of New South Wales in Court Session on 28 July, 1989).
That upon the true meaning and intention of subclause (v) of clause 5, Hours of Work, of the Public Hospital (Medical Officers) Award published 24 May 1978 (209 I.G. 2771), as varied, the words "All time worked" shall mean "All ordinary time (hours) worked" and the words "any one shift" shall mean "any one continuous period of ordinary hours of work for which an employee under the said award is rostered to work".
(vi) Where in any pay period, an officer is not employed by a hospital for the whole of the pay period, the ordinary hours of work for the purpose of calculating salary for that pay period (i.e., 38 or 76 hours) will be adjusted by the following factor, rounded to the nearest whole number:
Number of calendar days employed Number of calendar days in pay period
(vii) Officers shall be given at least two weeks' notice of rosters to be worked in relation to ordinary hours of work and also, where practicable, in relation to additional (overtime) rostered hours of work, provided that a hospital may change the rosters without notice to meet any emergent situation. This clause shall not apply in respect of the granting by hospitals of additional roster leave pursuant to this clause.
CLAUSE 6. PENALTY RATES Return to Page
Any ordinary hours worked between the following hours shall be paid at ordinary time plus the appropriate penalty rate.
(i) Hours worked between 6.00 p.m. and midnight, Monday to Friday - 12.5 per cent.
(ii) Midnight and 8.00 a.m., midnight Sunday to midnight Friday - 25 per cent.
(iii) Midnight Friday and midnight Saturday - 50 per cent.
(iv) Midnight Saturday and midnight Sunday - 75 per cent.
CLAUSE 7. TIME WORKED Return to Page
Time worked means the time during which an officer is required by a hospital to be in attendance at a hospital for the purpose of carrying out such functions as the hospital may call on him to perform, and it shall include times when the officer, in waiting to carry out some active function, is studying or resting or sleeping or engaged in any other activity.
Provided that time worked does not include breaks allowed and actually taken for meals.
Provided further that where an officer attends of his own volition outside of hours rostered on duty, or where an officer remains in attendance when formally released from the obligation to perform professional duties, the hospital shall not be liable to make any payment for such attendance.
CLAUSE 7A MEAL BREAKS Return to Page
NOTE: Agreement was reached between the Public Service Association and the Health Administration Corporation on the principles to be applied by Hospital and Area Health Service Management in relation to meal breaks for Resident Medical Officers. (See Departmental Circular No. 88/251). THIS HAS NOT BEEN GAZETTED.
Day Shifts - Monday to Friday
1. 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.
2. 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).
3. If officers are required to work during their meal break they shall be paid for the time worked.
4. 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
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.
CLAUSE 8. OVERTIME Return to Page
(i) All time worked by officers in excess of the ordinary hours specified in clause 5, Hours of Work, of this award, shall be paid at the rate of time and one-half for the first two hours, and double time thereafter.
* (ii) An officer who works authorised overtime and was not notified on or prior to his previous shift of the requirement to work such overtime shall be paid in addition to payment for such overtime:
(a) $8.60 for breakfast when commencing such overtime work at or before 6.00 a.m.;
(b) $16.40 for an evening meal when such overtime is worked for at least one hour immediately following his normal ceasing time, exclusive of any meal break and extends beyond or is worked wholly after 7.00 p.m.;
(c) $11.10 for luncheon when such overtime extends beyond 2.00 p.m. on Saturdays, Sundays or holidays.
Or shall be provided with adequate meals in lieu of such payments.
The rates prescribed in this subclause shall be varied pro rata to any variations in the rates payable under Regulation 14** made under the Public Service Act, 1902, in force from time to time.
* The rates prescribed in subclause (ii) of clause 8 were last reviewed in Departmental Circular No. 91/48, and were effective from 1 June 1991.
** This is now clause 35 of the Public Sector Management (General) Regulation.
9. ON CALL AND CALL BACK Return to Page
(i) An "on call period" is a period during which an officer is required by the employer to be on call.
(ii) For the purposes of calculation of payment of on-call allowances and for call- back duty, 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 of $10.00 and for each on-call period coinciding with a rostered day off an allowance of $20.00 with a maximum payment of $70.00 per week.
(iv) An officer who is called back for duty shall be paid for all time worked at the appropriate overtime rate, with a minimum of 3.5 hours pay at such rates and, effective from the first full pay period to commence on or after 26 September, 1991, 4 hours at such rates.
(v) The amounts specified in subclause (iii) shall be taken to include expenses incurred in taking telephone calls at one's own residence and other expenses incurred in being available for emergency duty.
10. ANNUAL LEAVE Return to Page
(i) All officers shall be allowed four calendar weeks leave of absence on full pay in respect of each twelve months' service in a hospital plus one day on full pay in respect of each public holiday occurring within the period of such leave.
(ii) Officers who are required to work on Sundays and/or public holidays during a qualifying period of employment for annual leave purposes shall be entitled to receive additional annual leave in respect of each complete period of eight hours so worked as follows:
(a) if 35 or more such periods on such days have been worked - one week;
(b) if less than 35 such periods on such days have been worked - leave proportionately calculated on the basis of 40 hours leave for 35 such periods worked;
(c) work performed by reason of call backs pursuant to clause 9, On Call and Call Back, of this award shall be disregarded when assessing an officer's entitlement under the subclause.
The calculations referred to in paragraphs (a) and (b) of this subclause shall be made to the nearest one-fifth of the ordinary hours worked, half or more than half of one- fifth being regarded as one-fifth and less than half being disregarded.
(iii) Annual leave shall be given and shall be taken in one consecutive period, or, if the officer and the hospital so agree, in either two or three separate periods, but not otherwise.
(iv) Annual leave shall be given and shall be taken within a period of six months after the date when the right to annual leave accrued; provided that the giving and taking of the whole or any separate period of such annual leave may, by mutual agreement between the hospital and the officer, be postponed for a further period not exceeding six months.
(v) If the officer and the hospital so agree, the annual leave or any such separate periods , may be taken wholly or partly in advance before the officer has become entitled to that leave, but where leave is taken in such circumstances a further period of annual leave shall not commence to accrue until the expiration of the twelve months in respect of which the annual leave or part thereof has been so taken.
(vi) Except as provided by this clause, payment shall not be made by a hospital to an officer in lieu of any annual leave or part thereof nor shall any such payment be accepted by the officer.
(vii) The hospital shall give the officer at least two months' notice of the date from which his annual leave is to be taken.
(viii) The hospital shall pay each officer before entering upon annual leave his or her ordinary rate of salary for the period of leave. For the purposes of this subclause "ordinary rate of salary" means the award rate of salary and qualification allowance if applicable.
(ix) Where the employment of an officer is terminated, the officer shall be entitled to receive proportionate payment for each completed month of service together with such additional annual leave entitlements due under subclause (ii). All payments are to be made at the rate of salary to which such officer is entitled under this award.
(x) Where the annual leave under this clause or any part thereof has been taken in advance by an officer pursuant to subclause (v), of this clause; and
(a) the employment of the officer is terminated before he has completed the year of employment in respect of which such annual leave or part was taken; and
(b) the sum paid by the hospital to the officer as ordinary pay for the annual leave or part so taken in advance exceeds the sum which the hospital is required to pay to the officer under subclause (ix) of this clause;
the hospital shall not be liable to make any payment to the officer under the said subclause (ix) and shall be entitled to deduct the amount of such excess from any remuneration payable to the officer upon the termination of the employment.
(NOTATION: The conditions under which the annual leave loading shall be paid to officers are contained in the Health Commission's General Instruction to all Hospitals No 75/56 of 11 February 1975.)
11. PUBLIC HOLIDAYS Return to Page
(i) Public holidays shall be allowed to officers on full pay.
(ii) Where an officer is required to, and does work on any of the public holidays set out in this clause, the officer shall be paid for the hours worked at the rate of time and one- half. In addition, the officer shall have one day added to annual leave for each public holiday so worked unless time off in respect of time worked on such public holiday has been granted.
(iii) Where a public holiday falls on a rostered day off, the officer shall have one day added to annual leave.
(iv) For the purpose of this clause the following shall be deemed to be public holidays: New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Queen's Birthday, Eight Hour Day, Christmas Day, Boxing Day, or in lieu of any such day any holiday proclaimed in lieu thereof, together with any other day duly proclaimed as a special day and observed as a public holiday within the area in which the hospital is situated.
12. SICK LEAVE Return to Page
(i) An officer shall be allowed sick leave on full pay calculated by allowing 76 "ordinary" hours per year for each year of continuous service less any sick leave on full pay already taken, subject to the following conditions:
(a) the employer may require the sickness to be certified to by the medical superintendent or by a legally qualified medical practitioner approved by the hospital, or may require other satisfactory evidence thereof;
(b) an officer shall not be entitled to sick leave until the expiration of three months' continuous service;
(c) each officer shall take all reasonably practicable steps to inform the employer of his or her inability to attend for duty and as far as possible state the estimated duration of the absence. Where practicable such notice shall be given within twenty-four hours of the commencement of such absence;
(d) an officer shall not be entitled to sick leave on full pay for any period in respect of which such officer is entitled to accident pay or workers' compensation; provided, however, that where an officer is not in recept of accident pay an employer shall pay to an officer who has sick leave entitlements under this clause, the difference between the amount received as workers' compensation and full pay. The officer's sick leave entitlements under this clause shall, for each week during which such difference is paid, be reduced by that proportion of hours which the difference paid bears to full pay. On the expiration of available sick leave, weekly compensation payments only shall be payable;
(NOTATION: The conditions relating to the granting of accident pay are set out in the Hospital Commission's Notice to all Hospitals No. 73/35 of 30th March 1973.)
(e) an officer is not eligible for sick leave during periods when he would have normally been rostered on overtime shifts;
(f) an officer is not entitled to more than 8 hours' sick leave in respect of any one day.
(ii) Continuous service for the purpose of this clause shall be calculated in the same manner as provided for in paragraph (a) of subclause (ii) of clause 15, Long Service Leave, of this award.
(iii) Full pay for the purpose of this clause shall include the uniform allowance where payable, under clause 17, Uniform and Laundry Allowance, of this award.
(iv) A hospital shall not terminate the services of an officer except on the grounds of misconduct during the currency of any periods of paid sick leave.
(v) Sick leave as defined, shall accrue and be transferable between hospitals, at the rate of fourteen calendar days per year of continuous service, minus days taken.
13. MATERNITY LEAVE Return to Page
The conditions for the granting of maternity leave to officers are set out in the Health Commission's Instruction to all Hospitals No. 75/23* of 22nd January 1975.
* The current circulars in respect to the conditions for the granting of maternity leave are Departmental Circulars Nos. 87/98 and 87/235.
14. COMPASSIONATE LEAVE Return to Page
An officer shall be entitled to compassionate leave according to the terms and conditions of the Department of Health circulars as issued from time to time.*
* The current circular in respect to compassionate leave is Departmental Circular No. 89/99.
15. LONG SERVICE LEAVE Return to Page
(i) (a) Each officer shall be entitled to two months' long service leave on full pay after ten years' service, thereafter additional long service leave shall accrue on the basis of five months' long service leave for each ten years' service.
(b) Where the services of an officer with at least five years' service as an adult and less than ten years' service are terminated by the employer for any reason other than the officer's serious and wilful misconduct or by the officer on account of illness, incapacity or domestic or other pressing necessity, he shall be entitled to be paid a proportionate amount for long service leave on the basis of two months' long service leave for ten years' service.
For the purpose of this subclause "service as an adult" means service with an employer during which the officer received a rate of pay not less than the lowest rates fixed under this award for an adult male or adult female, as the case may be, in the same classification as the officer.
Where some of the service of the officer has not been under this award "service as an adult" means - in the case of a worker employed to do any work for which the price, rate or wage has been fixed by an award made under the Commonwealth Conciliation and Arbitration Act, 1904, or made under the Industrial Arbitration Act, 1940, or has been fixed by an industrial agreement made pursuant to or registered under the said Acts, or an agreement or determination made pursuant to the Public Service Act, 1902, the period of service during which the remuneration applicable to the officer was at a rate not less than the lowest rate fixed under the award, industrial agreement, agreement or determination for an adult male or adult female in the same trade, classification, calling, group or grade as the officer or, in the case of an officer being an apprentice the terms of whose employment are governed by an award applicable only to apprentices - the period of service with an employer during which the remuneration applicable to the officer was at a rate not less than the rate prescribed by the award covering a journeyman carrying out work in the same trade, classification or calling as the officer.
(ii) For the purposes of subclause (i) of this clause:
(a) "Service" shall mean continuous service in one or more hospitals. For the purpose of this paragraph, continuous service shall have the same meaning as in the Transferred Officers Extended Leave Act 1961.
(b) Broken periods of service in one or more hospitals shall count as service subject to the following:
(1) where an officer after ceasing employment in a hospital is re- employed in a hospital subsequent to the 1st July 1974, and after he has attained the age of sixty years, any service of that officer before he was so re-employed shall not be counted for the purpose of determining any long service leave due to that officer in respect of his service after he was so re-employed;
(2) where an officer, after ceasing employment in a hospital is re- employed in a hospital subsequent to the 1st July 1974, and before he has attained the age of sixty years, any service of that officer before he was so re-employed shall not be counted for the purpose of determining any long service leave due to that officer in respect of his service after he was so re-employed unless he has completed at leave five years' continuous service from the date of his being so re-employed;
(3) an officer employed in a hospital at the 1st July 1974, and who was entitled to count broken service under the provisions of the award in force prior thereto shall be entitled to count such broken service prior to the 1st July 1974.
(c) Service shall not include -
(1) any period of leave without pay except in the case of officers who have completed at least ten years' service (any period of absence without pay being excluded therefrom) in which case service shall include any period of leave without pay not exceeding six months taken after the 1st July 1974;
(2) any period of part time service.
(iii) Long service leave shall be taken at a time mutually arranged between the employer and the officer.
(iv) (a) On the termination of employment of an officer otherwise than by his death, an employer shall pay to the officer the monetary value of all long service leave accrued and not taken at the date of such termination and such monetary value shall be determined according to the salary payable to the officer at the date of such termination; provided that where an officer is transferring from one hospital to another he may, if he so desires and by agreement with his present employer and his proposed employer, be allowed to retain his credit to long service leave in lieu of payment of the monetary value under this subclause.
(b) Where an officer who has acquired a right to long service leave, or after having had five years' service as an adult and less than ten years' service, dies, the widow or widower of such officer or if there is no such widow or widower the children of such officer or if there is no such widow, widower, or children, such person who, in the opinion of the employer was at the time of the death of such officer a dependent relative of such officer, shall be entitled to receive the monetary value of the leave not taken or which would have accrued to such officer had his services terminated as referred to in subclause (i) (b) and such monetary value shall be determined according to the salary payable to the officer at the time of his death. Where there is a guardian of any children entitled under this paragraph the payment to which such children are entitled may be made to such guardian for their maintenance, education and advancement.
Where there is no person entitled under this paragraph to receive the monetary value of any leave payable under the foregoing provisions payment in respect thereof shall be made to the legal personal representative of such officer.
(v) Rights to long service leave under this clause shall be in replacement of rights to long service leave, if any, which at the 1st July 1974, may have accrued or may be accruing to an officer and shall apply only to persons in the employ of the employer on or after the 1st July 1974. Where an officer has been granted long service leave or has been paid its monetary value prior to the 1st July 1974, the employer shall be entitled to debit such leave against any leave to which the officer may be entitled pursuant to this clause.
16. BOARD AND ACCOMMODATION Return to Page
(i) Where an officer lives at a hospital, the following deductions from his salary may be made by the employer:
Per week $ *(from f.p.p.on or after 20/12/91)
Separate accommodation 32.00 Shared accommodation 20.00 Full board 69.10
(ii) Where individual meals only are provided, the officer may be charged the charges applicable under the Public Hospital Nurses (State) Award.
(iii) The abovementioned amounts shall vary in accordance with the board, accommodation and individual meal charges as prescribed in the Public Hospital Nurses (State) Award as varied from time to time.
(iv) No deduction shall be made from the salary of an officer for board and accommodation when the officer is absent from the hospital on annual, sick or long service leave, provided that the employer shall be entitled to make the deduction for accommodation where the officer:
(a) having been requested to leave his/her room completely vacant fails to do so; or
(b) is absent from the hospital on sick leave and such absence does not exceed six consecutive days.
* Current rates taken from Departmental Circular No. 92/1.
17. UNIFORM AND LAUNDRY ALLOWANCES Return to Page
(i) Sufficient suitable and serviceable uniforms shall be provided for each officer required to wear a uniform and such uniforms shall be laundered at the expense of the hospital.
(ii) Where a hospital requires a uniform to be worn but does not provide such uniform, the following allowances shall be paid:
(a) where a full uniform, including special shoes, is required, $2.30 per week;
(b) in other cases, $1.70 per week.
18. TERMINATION OF EMPLOYMENT Return to Page
Employment may be terminated only by four weeks' notice given in writing either by the hospital or the officer at any time during the week or by payment or forfeiture of four weeks' salary as the case may be, provided that the officer and the hospital may agree to a lesser period of notice. Nothing in this clause shall prevent the summary dismissal of an officer for misconduct or neglect of duty.
19. DISPUTES Return to Page
(i) Where a dispute arises in a particular section which cannot be resolved between the employees or their representative and the supervising staff, it shall be referred to the Chief Executive of the hospital or establishment or his/her nominee, who will arrange for the matter to be discussed with the employees concerned and a local representative or representatives of the Association.
(ii) Failing settlement of the issue at this level, the matter shall be referred to the Division of Industrial Relations of the Department of Health, and the Head Office of the Association. The dispute will then be dealt with pursuant to subclause (v) of this clause.
(iii) Whilst these procedures are continuing, no stoppage of work or any form of ban or limitation of work shall be applied.
(iv) The Association reserves the right to vary this procedure where it is considered a safety factor is involved.
(v) With a view to an amicable and speedy settlement, all disputes that firstly cannot be settled in accordance with subclauses (i) and (ii) of this clause may be submitted to a committee consisting of not more than six members, with equal representatives of the Corporation and the Association. Such committee shall have the power to investigate all matters in dispute and to report to the employer and the Association respectively with such recommendations as it may think right and, in the event of no mutual decision being arrived at by such committee, the matter in dispute may be referred to the Medical Officers, Hospital Resident Medical Officers (State) Conciliation Committee.
(vi) This clause shall not interfere with the rights of either party to institute proceedings for the determination of any matter in accordance with the Industrial Arbitration Act, 1940.
20. STUDY LEAVE Return to Page
(i) Subject to the terms of this clause a hospital may grant to officers other than interns, study leave without loss of pay as follows:
Face-to-face courses: Half hour study time for every hour of compulsory lecture and/or tutorial attendance, up to a maximum of four hours study time per week.
Where no face-to-face course is provided: A maximum of four hours study time per week for a maximum of 27 weeks per year.
(ii) Study leave shall only be granted in respect of a course:
(a) leading to higher medical qualifications as defined in clause 2, Definitions, of this award; and
(b) in respect of a qualification which when obtained would be relevant to the needs of the hospital.
(iii) The officer shall submit to the chief executive officer a timetable of the proposed course of study and evidence of the officer's enrolment in the course.
(iv) The grant of study leave is subject to the convenience of the hospital and should not interfere with the maintenance of essential services nor with patient care.
(v) Periods of study leave granted shall not be taken into account for the purposes of calculating overtime payments;
(vi) Study leave granted subject to the terms of this clause, may be accrued to a maximum of seven working days for the purpose of enabling the officer to study prior to a written, oral or clinical examination. An option to accumulate study leave in terms of this subclause shall be exercised at the commencement of each academic year and the officer shall notify the Chief Executive Officer accordingly;
(vii) Officers who have given continuous service of more than one year, shall be allowed to accrue study leave not taken up to a maximum of fourteen calendar days.
21. TRAVELLING ALLOWANCES Return to Page
(i) An officer seconded to another hospital may be granted a daily travel allowance at the rate of the difference between the cost of travel by public transport to his normal place of employment and travel by public transport to the seconding hospital. Provided that where an officer drives his own vehicle, he shall, in lieu, be eligible for a mileage allowance equivalent to the "Transport Allowance" mileage rate payable to members of the New South Wales Public Service by determination of the Public Service Board of New South Wales, as amended from time to time, for the difference between the distance to his normal place of employment and the distance to the seconding hospital.
(ii) An officer who, with the approval of the Chief Executive Officer, uses on official business, a motor vehicle maintained primarily for other than official business, shall be paid the above-mentioned mileage allowance from time to time effective. However, where it is estimated that an officer will, with the approval of the Chief Executive Officer, be required to use his private vehicle on official business on at least 50 days during any period of 12 months and during that period aggregate at least 500 miles of official running, he shall be paid at the "Official Business Rate" prescribed by Regulation 91 of the Public Service Regulations in force from time to time throughout the year.
(iii) For the purpose of subclause (ii) travel on official business:
(a) occurs when an officer is required by the Chief Executive Officer as part of his duty to use his motor vehicle to attend away from his normal place of employment or seconding hospital to another clinic, annexe or hospital. Where an officer travels on official business direct from his place of residence to a clinic, annexe or hospital, other than his normal place of employment he shall be paid for the difference between the distance to his normal place of employment or seconding hospital and that other annexe, clinic or hospital;
(b) does not include "call backs";
(c) shall include other arrangements as agreed to between the Health Commission and the Public Service Association from time to time.
(iv) Nothing in this clause shall make the employer liable for the cost of the officer's daily travel to his usual and normal place of employment.
(NOTATION: For conditions relating to secondments see Health Commission's General Instruction to all Hospitals No. 75/461 of 19th December 1975.)
21A. PREFERENCE OF EMPLOYMENT Return to Page
NOTE: There is no preference for unionists in Awards or Agreements (see Section 480 of the Industrial Relations Act, 1991). Therefore, subclause (i) of this clause has no effect.
(i) (a) Subject to the provisions of this clause absolute preference of employment shall be given to members of the Public Service Association of New South Wales.
(b) Such preference shall be limited to the point where a member of such union and a person who is not such a member are offering for service or employment at the same time and, in the case of retrenchment, to the point where either such a member or such a person is to be dismissed from service or employment.
(c) The employment to which this subclause applies is employment in an industry or calling in respect of which the said union is entitled to enrol members pursuant to its rules.
(d) The provisions for preference made by this clause shall not apply to or in respect of the employment in any industry or calling of a person who has been issued by the Industrial Registrar with a certificate of exemption, pursuant to subsection (2) of section 129B of the Industrial Arbitration Act 1940, covering that industry or calling if the period specified in such certificate or any renewal thereof has not expired.
(ii) (a) A like absolute preference of employment shall be given to persons who are competent for the work required and who have been members of the Forces during the war.
(b) In this clause -
"Auxiliary Service" means Army Medical Corps, Nursing Service of the Crown, Australian Army Medical Nursing Service, Women's Army Service, Women's Royal Australian Naval Service, Women's Australian Auxiliary Air Force or such other organisation as the Governor may, by proclamation from time to time, declare to be an auxiliary service for the purpose of subsection (4), of section 20, of the Industrial Arbitration Act 1940.
"Combat Area" means an area prescribed as such for the purposes of the Australian Repatriation Act 1920-1943, of the Commonwealth of Australia.
"Enlistment" means an engagement, whether by appointment, enlistment or otherwise rendering a person liable to be employed on active service abroad or in a combat area as a member of the Forces or of an auxiliary service.
"Member of the Forces" means any person who was, at the time of his enlistment, a resident in the Commonwealth of Australia, or in a mandated territory of the Commonwealth or in any territory under the jurisdiction of the Commonwealth or who was domiciled in any State of the Commonwealth or in any such territory and who, during the war, served abroad or within a combat area as a member of any Australian Military Force or of the Royal Australian Naval Force or as a member of the Royal Australian Air Force or as a member of an auxiliary service and who has been duly discharged from such service.
"War" means the war against Germany which commenced on the third day of September, one thousand nine hundred and thirty nine and the subsequent war against Italy and other allies of Germany and the war against Japan.
(iii) This clause shall be subject to -
(a) the Returned Soldiers and Sailors Employment Act 1919; and
(b) any law relating to preference in employment to personswho have served as members of the Naval, Military or Air Forces of the Commonwealth.
22. LEAVE RESERVED Return to Page
Leave is reserved for the parties to apply as they may be advised in respect of the definitions of "Higher Medical Qualifications" and in respect of "other post-graduate qualifications" and as to "Salaries" in the event of any alterations in the current wage indexation guidelines. Leave is also reserved to the Association to apply in respect of "on call and call back" and "Overtime" as it may be advised.
22A. MOBILITY, EXCESS FARES AND TRAVELLING
For the purpose of this clause accustomed place of work shall mean the location where an employee is regularly required to commence duty by the employer.
(1) An employee shall be required to proceed to the accustomed place of work and return home once on each ordinary working day or shift in the employee's own time and at the employee's own expense.
(2) (i) Where an employee is directed to reprt for duty to a place of work other than the employee's accustomed place of work the employee shall travel to and from the alternative place of work in the employer's time for those periods in excess of time normally taken to travel to and from the accustomed place of work.
(ii) If the excess of travelling time on a particular day or shift is greater than the prescribed ordinary hours of duty for the particular category of staff for that day or shift, then the excess of hours shall be paid atthe ordinary rate of pay to the extent of travelling time.
(iii) Fares incurred by such employee in excess of the fares normally incurred in travelling to the employee's accustomed place of workand returning home from the accustomed place of work shall be reimbursed.
(iv) Where the employee is required to report to an alternative place of work and has the prior approval of the employer to travel by his/her own mode of conveyance, the employee shall be paid a kilometre allowance for kilometres travelled in excess of the kilometres the employee normally travels between the accustomed place of work and home. The kilometre allowance will be prescribed from time to time by the Regulation 54 of the Public Service Regulations.
(3) (i) Where an employer has determined that an employee or employees should report to a new accustomed place of work on a permanent basis, the decision must be discussed with the affected employee(s) and the local branch of the relevant union(s) prior to notice of changed accustomed place of work being given.
(ii) The employer shall give the employee reasonable notice of the requirement to report to a new accustomed place of work. For the purpose of this subclause "reasonable notice" shall be one calender month prior tothe date the employee is first requiredto report to the new accucstomed place of work.
(iii) Where the accustomed place of work is changed on a permanent basis by the employer, the employee shall report to the new accustomed place of work on the date specified by the employer.
(iv) If there is disagreement about such a decision after such discussion or if a significant number of employees are involved, the matter should be referred to the Department of Health, Division of Employee and Industrial Relations, which will discussthe matter with the appropriate union(s) and will determine the date upon whichnotice will be given to employee(s).
(4) (i) The provision of this clause shall not apply to an employee appointed to regularly perform relief duties or to employees spaecifically employed to perform duties at more than one place of work except as provided in (ii) hereunder.
(ii) If a reliever incurs fares in excess of *$5 per day in travelling to and from the relief site, the excess shall be reimbursed.
Where a reliever, with the prior approval of the employer, travels by his/her own mode of conveyance and incurs traveling costs in excess of *$5 per day to and from the relief site, such excess shall be reimbursed. The rate applicable shall be the kilometre allowance prescribed from time to time by Regulation 54 of the Public Service Regulations less *$5.
*This $5 shall be reviewed annually by the Corporation.
(5) No payment shall be made under this clause unless the employer is satisfied that the employee has incurred additional expenditure in having to report to an alternative place of work, at the direction of the employer.
(6) Travel to an alternative place of work, either by public transport or own mode of conveyance, shall in all instances be by the most direct route.
22B. PAYMENT AND PARTICULARS OF SALARY Return to Page
(i) All salaries and other payments shall be paid fortnightly. Provided further that, for the purpose of adjustments of wages related to variations in the basic wage, the pay period shall be deemed to be weekly.
(ii) Employees shall have their salary paid into one account with a bank or other financial institution in New South Wales as nominated by the employees. Salaries shall be deposited by hospitals in sufficient time to ensure that wages are available for withdrawal by employees by no later than pay day, provided that this requirement shall not apply where employees nominate accounts with non-bank financial institutions which lack the technological or other facilities to process salary deposits within 24 hours of hospitals making their deposits with such financial institutions, but in such cases hospitals shall take all reasonable steps to ensure that the wages of such employees are available for withdrawal by no later than pay day.
(iii) Penalty rates and overtime worked during the second week of the pay fortnight may be paid to employees in the next pay period by Area Health Services and hospitals.
22C. SECONDMENT Return to Page
(i) Allowance - An officer, other than an intern, seconded to work in a 2nd or 3rd Schedule hospital shall have his/her salary increased by one incremental step, by way of allowance, for the period the officer works in such hospital.
For the duration of the officer's secondment, other than periods of leave, the allowance shall be treated as salary for the purpose of calculating overtime and shift penalties.
(ii) Travel - An officer referred to in subclause (i) of this clause shall be allowed a paid journey to Sydney and return by economy class airfare or equivalent thereof for each period of 7 weeks in the employment of a 2nd or 3rd Schedule hospital.
At the discretion of the hospital the paid journey may be taken in advance. Such travel may be used for the purpose of furthering the officer's medical education.
23. AREA, INCIDENCE AND DURATION Return to Page
This award rescinds and replaces the Public Hospital (Medical Officers) Award published on 28th July 1976, and all variations thereof.
It shall take effect on and from the beginning of the first pay period to commence on or after 1st September 1977, and it shall remain in force thereafter for a period of twelve months.
24. RELOCATION EXPENSES Return to Page
NOTE: Agreement was reached between the Public Service Association and the Department in respect to the reimbursement of relocation expenses incurred by Medical Officers who take up permanent positions in country areas. (See Departmental Circular No. 88/248). THIS HAS NOT BEEN GAZETTED.
Where an officer is employed in the public hospital system within the metropolitan area and applies for and obtains a permanent position at a country location (being either a position covered by this Award or a Career Medical Officer position), the costs incurred by the officer in respect to removal of furniture and effects and conveyancing in the purchase of a residence are to be refunded by the new employer on the following basis:-
+ At the time the appointment is taken up: 50% of costs incurred.
+ After one year's service at the country location: a further 25% of the costs incurred.
+ After two years service at the country location: the remaining 25% of the costs incurred.
These arrangements become effective in relation to country appointments made after 1 January, 1989.
25. LABOUR FLEXIBILITY Return to Page
NOTE: A new clause, clause 25, Labour Flexibility, was inserted, as a result of the 2.5% State Wage increase effective from the first pay period to commence on or after 17 September 1991 by Mr Justice Sweeney. THIS HAS NOT YET BEEN GAZETTED.
(i) An 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 employee's classification, grouping and/or career stream provided that such duties are not designed to promote de-skilling.
(ii) An 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 an 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.
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