NSW Caselaw
Industrial Relations Commission New South Wales Medium Neutral Citation: Application for a New Award for Patient Transport Officers (No.2) [2019] NSWIRComm 1066 Hearing dates: 11, 12 October, 12 November, 11 December 2018, 5 February, 5 March and 16 April 2019. Further written material filed 17 and 20 May 2019. Date of orders: 13 September 2019 Decision date: 13 September 2019 Jurisdiction: Industrial Relations Commission Before: Chief Commissioner Kite SC, Commissioner Stanton and Commissioner Murphy Decision: (1) The HealthShare NSW Patient Transport Officers' Salaries (State) Award is varied with effect from the beginning of the first full pay period to commence on or after 1 July 2017 to include an allowance of $22.00 for each occasion when a Trainee Patient Transport Officer or a Patient Transport Officer is required to take their 30 minute paid crib break away from the location where he or she commenced their shift and to include an allowance of $11.00 where such employee working a 12 hour shift is required to take their second 30 minute crib break away from their starting location.
(2) The allowances referred to in order (1) are to be increased by 2.5% from the beginning of the first full pay period to commence on or after 1 July 2018 and a further increase of 2.5% from the beginning of the first full pay period to commence on or after 1 July 2019.
(3) The rates of pay for Trainee Patient Transport Officers and Patient Transport Officers contained in the HealthShare NSW Patient Transport Officers' Salaries (State) Award are to be increased by 2.5% with effect from the beginning of the first full pay period to commence on or after 1 July 2017, by a further 2.5% with effect from the beginning of the first full pay period to commence on or after 1 July 2018 and a further 2.5% with effect from the beginning of the first full pay period to commence on or after 1 July 2019. Catchwords: APPLICATION FOR AN AWARD – Patient Transport Officers – crib away allowance – loss of amenity associated with cribbing at base – employee-related costs – employee-related cost savings – Productivity and Efficiency considerations – allowance awarded – wage rates increased by consent Legislation Cited: Health Services Act 1997 Industrial Relations Act 1996 Industrial Relations (Public Sector Conditions of Employment) Regulation 2014 Cases Cited: NSW Health Service Allied Health Assistants (State) Award [2018] NSWIRComm 1023 Re: Application for a New Award for Patient Transport Officers [2017] NSWIRComm 1024 Secretary of The Treasury v Public Service Association & Professional Officers' Association Amalgamated Union of NSW (2014) 89 NSWLR 688, [2014] NSWCA 138 Secretary, NSW Ministry of Health v Health Services Union NSW [2018] NSWIRComm 1007 State Wage Case 2018 [2018] NSWIRComm 1063 Category: Principal judgment Parties: Health Services Union NSW (Applicant)
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