This "Barrier" appears in Clause 4 of the NSW CMO Award:
"Medical Officers in receipt of a salary higher than that of Senior Registrar in the Public Hospital (Medical Officers) Award are to have penalty, overtime and public holiday payments calculated on the salary ascribed to Senior Registrar , as varied from time to time".
The Senior Registrar salary is identical to the salary for a CMO 2.1. Therefore CMOs employed as CMO 2.2 & above have all penalty, overtime and public holiday payments calculated on the lower salary ascribed to CMO 2.1.
This graph demonstrates how % loadings for CMOs are eroded as they progress through the various CMO levels. Base hourly rates rise, but Penalty, Overtime and Public Holiday loadings do NOT. This "barrier" restricts all calculations to the CMO 2.1 rate, which can be as many as 6 levels of pay below the CMO's. When other public servants might be entitled to a 75% loading on their normal hourly rate for working on a Sunday, a CMO may get as little as a 57% loading on their normal hourly rate.
The following table displays the consequent hourly reductions in pay NSW CMOs are uniquely obliged to accept, when providing their services during so called "unsociable hours".
If you want this barrier removed then you will need to tell your industrial representatives in NSW .. namely Health and Research Employees' Association of NSW and Australian Salaried Medical Officer's Federation (ASMOF). The CMOA has long requested that this "barrier" be removed. Our own award, has had a distinct clause (#22) inviting these associations to remove it on our behalf, yet 11 years have passed without this being achieved. [click here to view a full copy of the NSW CMO Award]
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Mid-week Night-shifts attract a 25% loading. ie: ordinary hourly rate plus 25% loading, unless your hourly rate excedes the Senior Registrar's hourly rate. Then you only receive your ordinary hourly rate plus 25% of the lower Senior Registrar's hourly rate.
The "penalty" component of this barrier effectively reduces this loading for
Grade 2.2 CMO's to a 24.2% loading on their ordinary hourly rate.
For Grade 2 Year 3 CMO's this is equivalent to 23.3% loading (on
ordinary hourly rate)
etc, etc till Grade 3 Year 3 CMO's receive only 18.9% loading
(on ordinary hourly rate)
A Grade 2 Year 4 CMO working his/her normal rostered hours on a public holiday will not receive 150% loading on his/her normal hourly rate, but only 134.4% as the "public holiday" component of this barrier reduces his/her rate by $6.72 per hour (Jan 2000 figure).
A Grade 2 Year 4 CMO working more than 2 hours overtime will not get 100% loading (ie: double-time), but only 89.6% loading on their ordinary hourly rate, as the "overtime" component of this barrier reduces his/her pay by $8.96 per hour (Jan 2000)
Unlike other employees, a Grade 3 Year 3 CMO working normal rostered hours on a Sunday does not receive 75% loading on their ordinary hourly rate, but only 56.6%. [ if the "penalty" component of this barrier was removed then they would receive the full 75% loading and $9.43 MORE per HOUR .. Jan 2000 figures] because the barrier dictates that all loadings are calculated according to the "Senior Registrar" salary from a completely separate award, which corresponds to a CMO grading, 6 levels below CMOs 3.3
Apparently the CMO Award was developed from a variety of existing awards, mainly the Registrar's Award, Community Physician's Award & up to 5 others
The Gradings were largely based on experience. Penalty, Public Holiday and Overtime loadings were limited to the Senior Registrar rate, because Medical Officers senior to Senior Registrars didn't attract a penalty or overtime loading on their hourly rate. [NB: Senior Administrative Medical Officers typically perform the majority of their rostered duty during normal business hours. A situation quite dis-similar to many CMOs who often find the majority of their normal rostered hours outside normal business hours and subject to unfairly restricted loadings.*]
(* CMOs working in a Northern NSW Accident & Emergency Dept report that approx 60% of their rostered duty is subject to penalty loadings .. ie: their normal rostered hours require them to work evenings, nightshift, weekends, public holidays, and overtime, more than 60% of the time.).
The "Penalty & Overtime barrier" may prevent CMO's above Grade 2 Year 1 from receiving their full percentage loadings on their base hourly rate most of the time!! ie: "unfairly penalised most of the time"
Furthermore, Clause 22 Leave Reserved in the CMO award specifically invites the "Associations to apply ... for the removal of the overtime barrier" .. and has been present in the Award from its inception in 1989.
Has your "association" applied on your behalf ?
Will you ask your "association" to apply on your behalf
?
Relevant excerpts from the NSW CMO Award:
[Click here to view entire PUBLIC HOSPITAL (CAREER MEDICAL OFFICERS) (STATE) AWARD]
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Clause 10. Overtime: All time worked by officers in excess of the ordinary hours specified in clause 7, Hours of Work, shall be paid at the rate of time and one half for the first two hours, and double time for the remaining hours worked provided that all overtime performed on a Sunday, shall be at double time. |
Clause 13. Public Holidays: (iv) All hours worked on public holidays shall be paid at the rate of time and one half. |
Clause 22. Leave Reserved Leave is reserved to the Associations to apply as they may be advised in respect of Clause 4, Salaries, for the addition of a Grade 4 and in respect of any adjustment to the rates in the Public Hospital (Medical Officers) Award; in respect of Clause 10, Overtime, for the removal of the overtime barrier; in respect of the outcome of matters 781, 807, and 808 of 1989 and before the Commission in Court Session on the issue of lengthy periods of work. Leave is reserved to the Corporation to apply as it may be advised in respect of clauses 4, Salaries, 10, Overtime and 20, Long Service Leave, in relation to permanent part-time work.Clause 13. |
[Click here to view entire PUBLIC HOSPITAL (CAREER MEDICAL OFFICERS) (STATE) AWARD]
Return to CMO Salary Schedule Page Return to ASCMO Home Page
DISCLAIMER:
This page is
designed for the sole use of medical practitioners
The information contained within has
been provided in good faith.
However, it may
contain opinions and errors in fact. Therefore all information is
not to be relied upon by any party.
It is presented to stimulate debate amongst the medical
profession only
Consult your industrial adviser for clarification.
page maintained by David
Brock for the CMOA
email: davbrock@ozemail.com.au
