health and allied services, managers and administrative officers

185 Pages·2011·1.16 MB·English

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VICTORIAN PUBLIC HEALTH SECTOR
(HEALTH AND ALLIED SERVICES, MANAGERS
AND ADMINISTRATIVE OFFICERS) MULTIPLE
ENTERPRISE AGREEMENT 2009-2011
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PART 1 – APPLICATION AND OPERATION OF THE
AGREEMENT
1. AGREEMENT TITLE
1.1. This Agreement shall be known as the Victorian Public Health Sector
(Health and Allied Services, Managers and Administrative Officers)
Multiple Enterprise Agreement 2009-2011.
2. ARRANGEMENT

PART 1 – APPLICATION AND OPERATION OF THE AGREEMENT

1. Agreement Title 2

2. Arrangement 2

3. Commencement Date and Period of Operation 5

4. Incidence and Coverage 6

5. Relationship to Previous Awards and Agreements 6

6. Individual Flexibility Arrangements 7

7. Savings 8

8. No Extra Claims 9

9. Anti-Discrimination 9

10. Definitions 9

PART 2 – DISPUTE RESOLUTION AND CONSULTATIVE STRUCTURES
11. Consultation Regarding Major Workplace Change 12
12. Dispute Settling Procedures 12
13. Types of Employment 16
PART 3 - EMPLOYMENT ARRANGEMENTS

14. Minimum Engagement 16

15. Full-Time Employment 16

16. Regular Part-Time Employment 16

17. Casual Employment 17

18. Fixed Term Employment 18

19. Requests for Flexible Working Arrangements 18

20. Vacancies 19

21. Notice of Termination – Employer 19

22. Notice of Termination – Employee 22
PART 4 - CLASSIFICATION STRUCTURE, WAGES AND RELATED MATTERS

23. Classifications 23

24. Translation of Clerical Employees to the New Classification Structure 23

25. Salary Increases 24

26. Salary Packaging 24

27. Payment of Wages 25

28. Supported Wage System for Employees with Disabilities 26

29. Superannuation 26

30. Accident Pay 27
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31. Staff Appraisal 31
PART 5 - WORKING HOURS AND ALLOWANCES

32. Hours of Work 32

33. Accrued Days Off 33

34. Weekend Work 34

35. Reasonable Additional Hours 34

36. Overtime 35

37. Overtime in Lieu 36

38. On Call / Recall 37

39. Child Care Reimbursement 38

40. Shift Work 39

41. Rest Breaks 41

42. Meal Breaks 41

43. Meal Allowances 41

44. Higher Duties 42

45. Uniforms and Protective Clothing 42

46. Telephone Allowance 43
PART 6 - LEAVE OF ABSENCE AND PUBLIC HOLIDAYS

47. Public Holidays 44

48. Annual Leave 47

49. Purchased Leave 51

50. Personal/Carer’s Leave 52

51. Compassionate Leave 56

52. Long Service Leave 56

53. Pre-Natal Leave 62

54. Parental Leave 62

55. Community Service Leave 69

56. Blood Donors Leave 71

57. Cultural and Ceremonial Leave 71
PART 7 - DISCIPLINARY PROCEDURES

58. Disciplinary Procedures 72

59. Disciplinary Procedures - Dental Assistants 72
PART 8 - UNION FACILITATION

60. Right of Entry 74

61. Orientation/Induction Programmes 74

62. Resources and Facilities 74

63. Paid Union Meetings 75

64. Dispute Settlement and OHS Training Leave 75
PART 9 – CONDITIONS OF EMPLOYMENT SPECIFIC TO MANAGEMENT AND

ADMINISTRATIVE OFFICERS

66. Application 77

67. Study Leave 77
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68. Examination Leave 77

69. Travelling Allowances 77

70. Removal Expenses 78

71. Chief Executive Officers 78
PART 10 - CONDITIONS OF EMPLOYMENT SPECIFIC TO MANAGEMENT AND
ADMINISTRATIVE OFFICERS AT THE ROYAL WOMEN'S AND ROYAL
CHILDREN'S HOSPITAL

72. Application 79

73. Time and Wages Records 79

74. Overpayment of Wages 79

75. Working from Home 79

76. Public Holidays 79

77. Overtime 80

78. Discretionary Leave Without Pay 80

79. Best Practice 80

80. Education and Training 81

81. Individual Performance Measures 82

82. Public Comment 82

83. Occupational Health and Safety 82

84. Conversion of Unused Sick Leave to Annual Leave 83

85. Annualised Salaries 83

86. Professional Development Leave 83
PART 11 – CONDITIONS OF EMPLOYMENT SPECIFIC TO HEALTH AND ALLIED

SERVICES EMPLOYEES

87. Application 84

88. Amenities 84

89. Rosters 84

90. Wash-Up Time 85

91. Make Up Time 85

92. Summer Time (Daylight Savings) 85

93. Time and Wages Records 85

94. Staffing Levels 85

95. Unplanned Absences 85

96. Dual Part-Time Appointments 86

97. Literacy and Numeracy 86

98. Study Leave 86

99. Experience Payments 87

100. Cooking Trade Proficiency Payments 87

101. Certificate Allowance – Pathology Technicians 88

102. Computer Allowance – Hospital Attendants 88

103. Interpreter Allowances 88

104. First Aid Allowance 88

105. Heat Allowance 88
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106. Infectious Allowances 89

107. Nauseous Work Allowance 89

108. Red Cross Mobile Unit Allowance 90

109. Seniors Allowance 90

110. Tow Motor Driver Allowance 91

111. Tool Allowance 91

112. In Charge Allowances 91

113. Travelling Allowances 91

114. Badge Allowance – Dental Nurses 92

115. Sleepover (Doutta Galla Community Health Service and Low Care Aged Care

Facilities Only) 92

116. Trainees 93

117. Juniors, Trainees and Apprentices 94

118. Deduction for Board and Lodging 95

119. Classifications and Rates of Pay (Food Supervisors at Castlemaine Health Only) 95

120. Occupational Health and Safety 95
PART 12 - CONDITIONS OF EMPLOYMENT SPECIFIC TO DENTAL ASSISTANTS AT
DENTAL HEALTH SERVICES VICTORIA

121. Application 99

122. Clinical Services Enhancement/Job Rotation 99

123. Rosters 99

124. Make Up Time 99

125. Summer Time (Daylight Savings) 99

126. Christmas/New Year Closure 99

127. Reimbursement of Expenses 100

128. Overpayment of Wages 100

129. Staffing Flexibility 100

130. Performance Management 100

131. Work Related Travel 100
SIGNATORIES 106
SCHEDULE A - Employers Covered 107

SCHEDULE B – Management and Administrative Officers 105
SCHEDULE C - Royal Women's and Royal Children's Hospital Management and

Administrative Officers Classification Structure 120

SCHEDULE D - Health and Allied Services Classification Structure 139

SCHEDULE E – Dental Health Services Victoria Dental Assistants Classification Structure 164

SCHEDULE F - Salary Schedule 166
SCHEDULE G – Supported Wage System for Employees with Disabilities 181

SCHEDULE H – Government Youth Employment Scheme 181
3. COMMENCEMENT DATE AND PERIOD OF OPERATION
3.1. This Agreement shall come into effect seven days from the date of
approval by Fair Work Australia and shall nominally expire on 31 August
2011.
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3.2. The Agreement shall continue to operate after the nominal expiry date in
accordance with the provisions of the Fair Work Act 2009 (Cth).
3.3. The parties covered by the Agreement shall, three months prior to the
nominal expiry date, commence negotiations to replace this Agreement
with a new multiple enterprise agreement, provided that any claim made
by a party during this period is not supported by industrial action.
4. INCIDENCE AND COVERAGE
4.1. This Agreement covers:
4.1.1 the employers listed in Schedule A of this Agreement;
4.1.2 all employees who are employed by any of the employers in
any of the classifications set out in this Agreement; and
4.1.3 the Health Services Union as a bargaining representative for
the Agreement.
4.2. Without affecting the generality of the above clause 4.1:
4.2.1 Part 9 of this Agreement applies only to those employees
whose employment is covered by the classifications set out in
Schedule B (Management and Administrative Officers) and
Schedule C (Management and Administrative Officers who
are employed either by the Royal Children’s Hospital or the
Royal Women’s Hospital);
4.2.2 Part 10 of this Agreement applies only to those employees
whose employment is covered by the classifications set out in
Schedule C (Management and Administrative Officers who
are employed either by the Royal Children’s Hospital or the
Royal Women’s Hospital);
4.2.3 Part 11 of this Agreement applies only to those employees
whose employment is covered by the classifications set out in
Schedule D (Health and Allied Services Employees).
4.2.4 Part 12 of this Agreement applies only to those employees
whose employment is covered by the classifications set out in
Schedule E (Dental Assistants who are employed by Dental
Health Services Victoria).
4.3. This Agreement does not apply to positions that fall within the scope of
the Government Sector Executive Remuneration Panel (GSERP) policies.
5. RELATIONSHIP TO PREVIOUS AWARDS AND AGREEMENTS
5.1. This is a comprehensive agreement that operates to the exclusion of any
awards or other agreements.
5.2. In drafting this Agreement, the parties agreed that:
5.2.1 the identified and agreed provisions of the sector level
enterprise bargaining agreements reached in 1995, 1997,
1999, 2002 and 2006 between the HSU and the employers
covered by this Agreement shall be maintained and expressly
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incorporated into the Agreement, except where expressly
varied by the Health Services Union – Health and Allied
Services, Administrative Officers – Victorian Public Sector
2009 – 2011 Heads of Agreement (“the HoA”);
5.2.2 the terms and conditions of the Dental Health Services
Victoria, Dental Assistants, Agreement 2005-2009 shall be
maintained and expressly incorporated into the Agreement,
except where expressly varied by the HoA;
5.2.3 the terms and conditions of the Health and Allied Services –
Public Sector – Victoria Consolidated Award 1998 as at 1
August 2009 shall be maintained and expressly incorporated
into the Agreement, except where expressly varied by this
Agreement or by previous certified Agreements; and
5.2.4 the terms and conditions of the Health Community Services
and Ambulance – Management and Administrative Staff
(Public Sector) Award 2005 as at 1 August 2009 shall be
maintained and expressly incorporated into the Agreement,
except where expressly varied by this Agreement or by
previous certified Agreements.
5.3. The Schedules to this Agreement form part of the terms of the
Agreement and are to be read in conjunction with this Agreement for all
purposes, including for enforcement.
5.4. Nothing in the Agreement will diminish any existing entitlement (whether
accrued or otherwise) of employees, other than where expressly varied
by the Agreement.
6. INDIVIDUAL FLEXIBILITY ARRANGEMENTS
6.1. An employee and the employer may enter into an individual flexibility
arrangement pursuant to this clause in order to meet the genuine needs
of the employee and employer. An individual flexibility arrangement
must be genuinely agreed to by the employee and employer.
6.2. An individual flexibility arrangement may vary the effect of one or more
of the following terms of this enterprise agreement:
6.2.1 arrangements for when work is performed;
6.2.2 overtime rates;
6.2.3 penalty rates;
6.2.4 allowances; and
6.2.5 leave loading.
6.3. An employee may nominate a representative to assist in negotiations for
an individual flexibility arrangement.
6.4. The employer must ensure that any individual flexibility arrangement will
result in the employee being better off overall than the employee would
have been if no individual flexibility arrangement were agreed to.
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6.5. The employer must ensure that an individual flexibility arrangement is in
writing and signed by the employee and employer. If the employee is
under 18 the arrangement must also be signed by a parent or guardian
of the employee.
6.6. The employer must give a copy of the individual flexibility arrangement
to the employee within 14 days after it is agreed to.
6.7. The employer must ensure that any individual flexibility arrangement
sets out:
6.7.1 the terms of this enterprise agreement that will be varied by
the arrangement;
6.7.2 how the arrangement will vary the effect of the terms;
6.7.3 how the employee will be better off overall in relation to the
terms and conditions of his or her employment as a result of
the arrangement; and
6.7.4 the day on which the arrangement commences.
6.8. The employer must ensure that any individual flexibility arrangement:
6.8.1 is about matters that would be permitted matters under
section 172 of the Fair Work Act 2009 if the arrangement
were an enterprise agreement;
6.8.2 does not include any term that would be an unlawful term
under section 194 of the Fair Work Act 2009 if the
arrangement were an enterprise agreement; and
6.8.3 provides for the arrangement to be terminated:
(a) by either the employee or employer giving a specified
period of written notice, with the specified period being
not more than 28 days; and
(b) at any time by written agreement between the employee
and employer.
6.8.4 An individual flexibility arrangement may be expressed to
operate for a specified term or while the employee is
performing a specified role (such as acting in a specified
higher position). Such an arrangement will terminate on
expiry of the specified term or when the employee ceases to
perform the specified role unless terminated earlier on notice
or by agreement.
7. SAVINGS
7.1. Nothing in this Agreement shall affect any condition of employment,
which is superior to any term or condition pursuant to this Agreement,
which an employee was entitled to immediately prior to this Agreement
coming into effect.
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8. NO EXTRA CLAIMS
8.1. This Agreement is reached in full and final settlement of all matters
subject to claims by either party and for the life of the Agreement no
further claims will be made or supported by the parties covered by the
Agreement.
8.2. Subject to the employer meeting obligations to consult arising under this
Agreement or a contract of employment it is not the intent of this clause
to inhibit, limit or restrict an employer’s right or ability to introduce
change at the workplace.
9. ANTI-DISCRIMINATION
9.1. It is the intention of the parties covered by the Agreement to achieve the
principal object in section 3(e) of the Fair Work Act 2009 through
respecting and valuing the diversity of the workforce by helping to
prevent and eliminate discrimination on the basis of race, colour, sex,
sexual preference, age, physical or mental disability, marital status,
family responsibilities, pregnancy, religion, political opinion, national
extraction or social origin.
9.2. Accordingly, in fulfilling their obligations under the procedures in clause
12 (Dispute Settling Procedures), the parties covered by the Agreement
must make every endeavour to ensure that neither the Agreement
provisions nor their operation are directly or indirectly discriminatory in
their effects.
9.3. Nothing in this clause is to be taken to affect:
9.3.1 any different treatment (or treatment having different effects)
which is specifically exempted under the Commonwealth anti-
discrimination legislation;
9.3.2 an employee, employer or registered organisation pursuing
matters of discrimination in any State or Federal jurisdiction,
including by application to the Human Rights and Equal
Opportunity Commission; or
9.3.3 any exemptions provided under the Fair Work Act 2009.
10. DEFINITIONS
10.1. Agreement means the Victorian Public Health Sector (Health and Allied
Services, Managers and Administrative Officers) Multiple Enterprise
Agreement 2009-2011, including all Schedules.
10.2. Base rate of pay means the rate of pay payable to an employee in
accordance with Schedule F for his or her ordinary hours of work, but
not including any incentive-based payments and bonuses, loadings,
allowances, overtime, penalty rates or any other separately identifiable
amounts.
10.3. De facto partner, in relation to an employee, means: a person who,
although not married to the employee, lives with them in a relationship
as a couple on a genuine domestic basis (whether the employee and the
person are of the same sex or different sexes); and includes a former de
facto of the employee.
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10.4. Dental Assistant means an employee classified in accordance with
Schedule E of this Agreement, and paid pursuant to clause 4 of
Schedule F.
10.5. Department Head means a person responsible for a department or
section of the hospital or health service covered by this Agreement.
10.6. Department refers to employees within a department who are covered
by this Agreement.
10.7. Designated Work Group means a group of employees within a
workplace that are entitled to elect an HSR in accordance with the OHS
Act.
10.8. DHS means the Department of Human Services or the Department of
Health.
10.9. DoH means the Department of Health.
10.10. Divisional Director means a person appointed as such by the employer.
10.11. Employee couple: two employees are considered an employee couple if
each of the employees is the spouse or defacto of the other.
10.12. Employee means a person employed by an employer listed in Schedule
A who is employed in any of the classifications covered by this
Agreement on a full-time, part-time, fixed-term or casual basis.
10.13. Employer means each hospital or health service listed in Schedule A.
10.14. Employer organisation means an organisation of employers, which
would specifically include the VHIA.
10.15. Experience means experience at any such work in any workplace
subject to this Agreement within the last five (5) years, excluding any
unpaid leave.
10.16. Fair Work Act means the Fair Work Act 2009 (Commonwealth) as
varied from time to time or any successor to that Act.
10.17. FWA means Fair Work Australia.
10.18. Health and Allied Services Employee means an employee classified in
accordance with Schedule D of this Agreement, and paid pursuant to
clause 3 of Schedule F.
10.19. Health Super means the Health Super superannuation fund, or any
successor fund to it.
10.20. HSR means an employee elected to the position of Occupational Health
and Safety Representative of a Designated Work Group in accordance
with the OHS Act.
10.21. HSU Delegate shall have the same meaning as HSU Representative or
Job Representative.
10.22. HSU or Union means the HSU East Branch of the Health Services Union.
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