MA000031  PR714159
FAIR WORK COMMISSION

DETERMINATION


Fair Work Act 2009

s.156—4 yearly review of modern awards

4 yearly review of modern awards
(AM2014/206)

MEDICAL PRACTITIONERS AWARD 2010
[MA000031]

Health and welfare services

JUSTICE ROSS, PRESIDENT
DEPUTY PRESIDENT CLANCY
COMMISSIONER BISSETT

MELBOURNE, 25 NOVEMBER 2019

4 yearly review of modern awards – Medical Practitioners Award 2010 – modern award varied.

A. Further to the decisions issued by the Full Bench of the Fair Work Commission on 24 October 2019 [[2019] FWCFB 7173] and 25 November 2019 [[2019] FWCFB 7854] the Medical Practitioners Award 2010 is varied as follows:

1. By deleting all clauses, schedules and appendices.

2. By inserting the clauses and schedules attached.

B. This determination comes into operation from 4 February 2020. In accordance with s.165(3) of the Fair Work Act 2009, this determination does not take effect until the start of the first full pay period that starts on or after 4 February 2020.

PRESIDENT

Printed by authority of the Commonwealth Government Printer

Medical Practitioners Award 2020

Table of Contents

Part 1— Application and Operation of this Award 3
1. Title and commencement 3
2. Definitions 3
3. The National Employment Standards and this award 4
4. Coverage 4
5. Individual flexibility arrangements 5
6. Requests for flexible working arrangements 6
7. Facilitative provisions 8
Part 2— Types of Employment and Classifications 8
8. Types of employment 8
9. Full-time employees 8
10. Part-time employees 8
11. Casual employees 9
12. Classification Definitions 11
Part 3— Hours of Work 12
13. Ordinary hours of work 12
14. Rostering arrangements 13
15. Breaks 14
Part 4— Wages and Allowances 15
16. Minimum rates 15
17. Payment of wages 18
18. Allowances 19
19. Superannuation 21
Part 5— Overtime and Penalty Rates 22
20. Overtime 22
21. Penalty rates 24
Part 6— Leave and Public Holidays 26
22. Annual leave 26
23. Ceremonial leave 30
24. Personal/carer’s leave and compassionate leave 30
25. Parental leave and related entitlements 30
26. Community service leave 30
27. Unpaid family and domestic violence leave 30
28. Public holidays 30
Part 7— Consultation and Dispute Resolution 31
29. Consultation about major workplace change 31
30. Consultation about changes to rosters or hours of work 32
31. Dispute resolution 32
Part 8— Termination of Employment and Redundancy 33
32. Termination of employment 33
33. Redundancy 34
Schedule A —Summary of Monetary Allowances 36
Schedule B —Agreement to Take Annual Leave in Advance 38
Schedule C —Agreement to Cash Out Annual Leave 39
Schedule D —Part-day Public Holidays 40

Part 1—Application and Operation of this Award

1. Title and commencement

1.1 This award is the Medical Practitioners Award 2020.

1.2 This modern award commenced operation on 1 January 2010. The terms of the award have been varied since that date.

1.3 A variation to this award does not affect any right, privilege, obligation or liability that a person acquired, accrued or incurred under the award as it existed prior to that variation.

2. Definitions

In this award, unless the contrary intention appears:

3. The National Employment Standards and this award

3.1 The National Employment Standards (NES) and this award contain the minimum conditions of employment for employees covered by this award.

3.2 Where this award refers to a condition of employment provided for in the NES, the NES definition applies.

3.3 The employer must ensure that copies of this award and the NES are available to all employees to whom they apply, either on a notice board which is conveniently located at or near the workplace or through accessible electronic means.

4. Coverage

4.1 This occupational award covers employers of medical practitioners throughout Australia in the classifications listed in clause 12Classification Definitions to the exclusion of any other modern award.

4.2 Medical practitioner means a person who is employed as a medical practitioner in hospitals, hospices, benevolent homes, day procedure centres, Aboriginal health services, community health centres, the Red Cross Blood Service, the South Australian Institute of Medical and Veterinary Science, the Victorian Cytology Service or the Victorian Institute of Forensic Medicine.

4.3 This award covers any employer which supplies on-hire employees in classifications set out in clause 12Classification Definitions and those on-hire employees, if the employer is not covered by another modern award containing a classification which is more appropriate to the work performed by the employee. Clause 4.3 operates subject to the exclusions from coverage in this award.

4.4 This award does not cover:

(a) employees excluded from award coverage by the Act;

(b) employees who are covered by a modern enterprise award or an enterprise instrument (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)), or employers in relation to those employees; or

(c) employees who are covered by a State reference public sector modern award or a State reference public sector transitional award (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)), or employers in relation to those employees.

4.5 Where an employer is covered by more than one award, an employee of that employer is covered by the award classification which is most appropriate to the work performed by the employee and to the environment in which the employee normally performs the work.

5. Individual flexibility arrangements

5.1 Despite anything else in this award, an employer and an individual employee may agree to vary the application of the terms of this award relating to any of the following in order to meet the genuine needs of both the employee and the employer:

(a) arrangements for when work is performed; or

(b) overtime rates; or

(c) penalty rates; or

(d) allowances; or

(e) annual leave loading.

5.2 An agreement must be one that is genuinely made by the employer and the individual employee without coercion or duress.

5.3 An agreement may only be made after the individual employee has commenced employment with the employer.

5.4 An employer who wishes to initiate the making of an agreement must:

(a) give the employee a written proposal; and

(b) if the employer is aware that the employee has, or reasonably should be aware that the employee may have, limited understanding of written English, take reasonable steps (including providing a translation in an appropriate language) to ensure that the employee understands the proposal.

5.5 An agreement must result in the employee being better off overall at the time the agreement is made than if the agreement had not been made.

5.6 An agreement must do all of the following:

(a) state the names of the employer and the employee; and

(b) identify the award term, or award terms, the application of which is to be varied; and

(c) set out how the application of the award term, or each award term, is varied; and

(d) set out how the agreement results in the employee being better off overall at the time the agreement is made than if the agreement had not been made; and

(e) state the date the agreement is to start.

5.7 An agreement must be:

(a) in writing; and

(b) signed by the employer and the employee and, if the employee is under 18 years of age, by the employee’s parent or guardian.

5.8 Except as provided in clause 5.7(b), an agreement must not require the approval or consent of a person other than the employer and the employee.

5.9 The employer must keep the agreement as a time and wages record and give a copy to the employee.

5.10 The employer and the employee must genuinely agree, without duress or coercion to any variation of an award provided for by an agreement.

5.11 An agreement may be terminated:

(a) at any time, by written agreement between the employer and the employee; or

(b) by the employer or employee giving 13 weeks’ written notice to the other party (reduced to 4 weeks if the agreement was entered into before the first full pay period starting on or after 4 December 2013).

5.12 An agreement terminated as mentioned in clause 5.11(b) ceases to have effect at the end of the period of notice required under that clause.

5.13 The right to make an agreement under clause 5 is additional to, and does not affect, any other term of this award that provides for an agreement between an employer and an individual employee.

6. Requests for flexible working arrangements

6.1 Employee may request change in working arrangements

6.2 Responding to the request

(a) the needs of the employee arising from their circumstances;

(b) the consequences for the employee if changes in working arrangements are not made; and

(c) any reasonable business grounds for refusing the request.

6.3 What the written response must include if the employer refuses the request

(a) Clause 6.3 applies if the employer refuses the request and has not reached an agreement with the employee under clause 6.2.

(b) The written response under section 65(4) must include details of the reasons for the refusal, including the business ground or grounds for the refusal and how the ground or grounds apply.

(c) If the employer and employee could not agree on a change in working arrangements under clause 6.2, then the written response under section 65(4) must:

6.4 What the written response must include if a different change in working arrangements is agreed

6.5 Dispute resolution

7. Facilitative provisions

7.1 A facilitative provision provides that the standard approach in an award provision may be departed from by agreement between an employer and an individual employee, or an employer and the majority of employees in the enterprise or part of the enterprise concerned.

7.2 Facilitative provisions in this award are contained in the following clauses:

Clause

Provision

Agreement between an employer and:

13.1

Ordinary hours of work and roster cycles—day workers

An individual

20.6

Time off instead of payment for overtime

An individual

21.3(a)(iii)

Payment for working on a public holiday

An individual

22.5

Annual leave in advance

An individual

22.6

Cashing out of annual leave

An individual

Part 2—Types of Employment and Classifications

8. Types of employment

8.1 Employees under this award will be employed in one of the following categories:

(a) full-time;

(b) part-time; or

(c) casual.

9. Full-time employees

A full-time employee is an employee who is engaged to work an average of 38 ordinary hours per week.

10. Part-time employees

10.1 A part-time employee:

(a) is engaged to work an average of less than 38 ordinary hours per week;

(b) has reasonably predictable hours of work; and

(c) receives, on a pro rata basis, pay and conditions equivalent to those of full-time employees who do the same kind of work.

11. Casual employees

11.1 A casual employee is an employee who is engaged as a casual employee and paid on an hourly basis.

11.2 Casual loading

(a) For each ordinary hour worked, a casual employee must be paid:

(b) The casual loading is paid instead of annual leave, paid personal/carer’s leave, notice of termination, redundancy benefits and other entitlements of full-time or part-time employment.

11.3 A casual employee must be engaged and paid for at least 2 consecutive hours of work on each occasion they are required to attend work.

11.4 Right to request casual conversion

(a) A person engaged by a particular employer as a regular casual employee may request that their employment be converted to full-time or part-time employment.

(b) A regular casual employee is a casual employee who has in the preceding period of 12 months worked a pattern of hours on an ongoing basis which, without significant adjustment, the employee could continue to perform as a full-time employee or part-time employee under the provisions of this award.

(c) A regular casual employee who has worked equivalent full-time hours over the preceding period of 12 months’ casual employment may request to have their employment converted to full-time employment.

(d) A regular casual employee who has worked less than equivalent full-time hours over the preceding period of 12 months’ casual employment may request to have their employment converted to part-time employment consistent with the pattern of hours previously worked.

(e) Any request under clause 11.4 must be in writing and provided to the employer.

(f) Where a regular casual employee seeks to convert to full-time or part-time employment, the employer may agree to or refuse the request, but the request may only be refused on reasonable grounds and after there has been consultation with the employee.

(g) Reasonable grounds for refusal include that:

(h) For any ground of refusal to be reasonable, it must be based on facts which are known or reasonably foreseeable.

(i) Where the employer refuses a regular casual employee’s request to convert, the employer must provide the casual employee with the employer’s reasons for refusal in writing within 21 days of the request being made.

(j) If the employee does not accept the employer’s refusal, this will constitute a dispute that will be dealt with under the dispute resolution procedure in clause 31Dispute resolution. Under that procedure, the employee or the employer may refer the matter to the Fair Work Commission if the dispute cannot be resolved at the workplace level.

(k) Where it is agreed that a casual employee will have their employment converted to full-time or part-time employment as provided for in clause 11.4, the employer and employee must discuss and record in writing:

(l) The conversion will take effect from the start of the next pay cycle following such agreement being reached unless otherwise agreed.

(m) Once a casual employee has converted to full-time or part-time employment, the employee may only revert to casual employment with the written agreement of the employer.

(n) A casual employee must not be engaged and re-engaged (which includes a refusal to re-engage), or have their hours reduced or varied, in order to avoid any right or obligation under clause 11.4.

(o) Nothing in clause 11.4 obliges a regular casual employee to convert to full-time or part-time employment, nor permits an employer to require a regular casual employee to so convert.

(p) Nothing in clause 11.4 requires an employer to increase the hours of a regular casual employee seeking conversion to full-time or part-time employment.

(q) An employer must provide a casual employee, whether a regular casual employee or not, with a copy of the provisions of clause 11.4 within the first 12 months of the employee’s first engagement to perform work. In respect of casual employees already employed as at 1 October 2018, an employer must provide such employees with a copy of the provisions of clause 11.4 by 1 January 2019.

(r) A casual employee’s right to request to convert is not affected if the employer fails to comply with the notice requirements in clause 11.4(q).

12. Classification Definitions

12.1 Intern is a medical practitioner in the first postgraduate year of clinical experience.

12.2 Resident Medical Practitioner (RMP) is a medical practitioner in the second or any subsequent post-graduate year of clinical experience. An RMP must complete 12 months of clinical experience to advance to the next pay point.

12.3 Registrar is a medical practitioner admitted to an Australian Medical Council accredited vocational training program leading to a fellowship of a Medical College including those of General Practice and Rural and Remote Medicine.

12.4 Senior Registrar is a medical practitioner who has successfully completed examinational requirements for appointment as a Fellow of an Australian or Australasian Specialists College and is awaiting granting of the fellowship.

12.5 Career Medical Practitioner is a medical practitioner with not less than 4 completed years of post-graduate clinical experience who is appointed as such.

12.6 Senior Career Medical Practitioner is a medical practitioner not enrolled in a vocational training program, who has 10 or more years of clinical experience or who has sufficient experience to satisfy the employer.

12.7 Community Medical Practitioner is a medical practitioner who has completed not less than 4 years of post-graduate experience who is employed to practise in community health centres or in general medical practice.

12.8 Specialist is a medical practitioner who has successfully completed a recognised specialist training program, and has been admitted as a fellow of the relevant college, provided that a practitioner may be appointed a Specialist if the practitioner has had sufficient experience in the specialty to satisfy the employer.

12.9 Senior Specialist means a medical practitioner who possesses a higher qualification appropriate to the specialty in which they are employed and has had not less than 3 years of practical experience in the relevant specialty.

12.10 Principal Specialist means a medical practitioner who possesses a higher qualification appropriate to the specialty in which they are employed and has had not less than 8 years of practical experience in that specialty after obtaining the highest qualification. Notwithstanding an officer not having such years of experience, an officer may be appointed as a Principal Specialist if they have had sufficient experience in their specialty to satisfy the employer.

12.11 Senior Principal Specialist means a medical practitioner appointed as a head of a department or section in a Teaching Hospital who meets all requirements specified for employment as a Principal Specialist.

12.12 Deputy Director of Medical Services means a medical practitioner appointed as deputy to a Director of Medical Services.

12.13 Director of Medical Services means a medical practitioner appointed as the Director of Medical Services (however styled) of a hospital or other organisation, provided that a Director of Medical Services will require a higher qualification appropriate to the specialty of medical administration, or will be able to satisfy the employer that the medical practitioner has sufficient experience in the specialty.

12.14 Employers must advise their employees in writing of their classification upon commencement and any changes to their classification.
Part 3—Hours of Work

13. Ordinary hours of work

13.1 Ordinary hours and roster cycles—day workers

(a) The ordinary hours of work for a full-time employee will be an average of 38 hours per week and may be worked by agreement between the employer and employee in one of the following ways:

13.2 Ordinary hours and roster cycles—shiftworkers

(a) A shiftworker is an employee who is regularly rostered to work their ordinary hours outside the ordinary hours of work of a day worker as defined in clause 13.1(b)(i).

14. Rostering arrangements

14.1 Rostering—Doctors in training

(a) Doctors in training will be given at least 2 weeks’ notice of rosters to be worked in relation to ordinary hours. Where practicable, this will include additional (overtime) rostered hours, provided that the employer may change the rosters without notice to meet any emergency situation. Clause 14.1 will not apply to additional roster leave granted by the employer.

(b) Time worked does not include breaks allowed and actually taken for meals.

(c) Time worked means the time when the Doctor in training is required by the employer to be in attendance.

14.2 Rostering—Senior Doctors

15. Breaks

15.1 Rest period between periods of duty—Community Medical Practitioners

Part 4—Wages and Allowances

16. Minimum rates

16.1 An employer must pay adult employees the following minimum rates for ordinary hours worked by the employee:

 

Minimum annual salary
$
(full-time employee)

Minimum weekly rate
$
(full-time employee)

Minimum hourly rate
$

Intern

51,195.00

984.52

25.91

Pay points

Minimum annual salary
$
(full-time employee)

Minimum weekly rate
$
(full-time employee)

Minimum hourly rate
$

Pay point 1

54,352.00

1,045.23

27.51

Pay point 2

56,541.00

1,087.33

28.61

Pay point 3

57,091.00

1,097.90

28.89

Pay points

Minimum annual salary
$
(full-time employee)

Minimum weekly rate
$
(full-time employee)

Minimum hourly rate
$

Pay point 1

61,842.00

1,189.27

31.30

Pay point 2

64,377.00

1,238.02

32.58

Pay point 3

67,315.00

1,294.52

34.07

Pay point 4

69,371.00

1,334.06

35.11

Pay points

Minimum annual salary
$
(full-time employee)

Minimum weekly rate
$
(full-time employee)

Minimum hourly rate
$

Pay point 1

80,819.00

1,554.21

40.90

Pay point 2

84,007.00

1,615.52

42.51

Pay points

Minimum annual salary
$
(full-time employee)

Minimum weekly rate
$
(full-time employee)

Minimum hourly rate
$

Pay point 1

81,650.00

1,570.19

41.32

Pay point 2

84,680.00

1,628.46

42.85

Pay point 3

86,360.00

1,660.77

43.70

Pay point 4

89,537.00

1,721.87

45.31

Pay points

Minimum annual salary
$
(full-time employee)

Minimum weekly rate
$
(full-time employee)

Minimum hourly rate
$

Pay point 1

92,362.00

1,776.19

46.74

Pay point 2

95,300.00

1,832.69

48.23

Pay point 3

98,500.00

1,894.23

49.85

Pay point 4

101,495.00

1,951.83

51.36

Pay points

Minimum annual salary
$
(full-time employee)

Minimum weekly rate
$
(full-time employee)

Minimum hourly rate
$

Pay point 1

81,633.00

1,569.87

41.31

Pay point 2

84,617.00

1,627.25

42.82

Pay point 3

87,349.00

1,679.79

44.21

Pay point 4

89,535.00

1,721.83

45.31

Pay point 5

92,347.00

1,775.90

46.73

Pay point 6

95,263.00

1,831.98

48.21

Pay point 7

98,450.00

1,893.27

49.82

Pay point 8

101,433.00

1,950.63

51.33

 

Minimum annual salary
$
(full-time employee)

Minimum weekly rate
$
(full-time employee)

Minimum hourly rate
$

Specialist

93,659.00

1,801.13

47.40

Pay points

Minimum annual salary
$
(full-time employee)

Minimum weekly rate
$
(full-time employee)

Minimum hourly rate
$

Pay point 1

100,146.00

1,925.88

50.68

Pay point 2

103,585.00

1,992.02

52.42

Pay point 3

107,129.00

2,060.17

54.22

Pay point 4

114,723.00

2,206.21

58.06

Pay point 5

116,353.00

2,237.56

58.88

 

Minimum annual salary
$
(full-time employee)

Minimum weekly rate
$
(full-time employee)

Minimum hourly rate
$

Principal Specialist

118,725.00

2,283.17

60.08

 

Minimum annual salary
$
(full-time employee)

Minimum weekly rate
$
(full-time employee)

Minimum hourly rate
$

Senior Principal Specialist

122,928.00

2,364.00

62.21

Pay points

Minimum annual salary
$
(full-time employee)

Minimum weekly rate
$
(full-time employee)

Minimum hourly rate
$

Pay point 1

82,718.00

1,590.73

41.86

Pay point 2

90,719.00

1,744.60

45.91

Pay point 3

100,146.00

1,925.88

50.68

Pay point 4

110,859.00

2,131.90

56.10

Pay points

Minimum annual salary
$
(full-time employee)

Minimum weekly rate
$
(full-time employee)

Minimum hourly rate
$

Pay point 1

93,635.00

1,800.67

47.39

Pay point 2

103,537.00

1,991.10

52.40

Pay point 3

118,725.00

2,283.17

60.08

Pay point 4

128,421.00

2,469.63

64.99

16.2 Progression through pay points

(a) for full-time employees—by annual movement; or

(b) for part-time or casual employees—after 1824 hours of similar experience,

16.3 Higher duties

17. Payment of wages

NOTE: Regulations 3.33(3) and 3.46(1)(g) of Fair Work Regulations 2009 set out the requirements for pay records and the content of payslips including the requirement to separately identify any allowance paid.

17.1 Payment on termination of employment

(a) The employer must pay an employee no later than 7 days after the day on which the employee’s employment terminates:

(b) The requirement to pay wages and other amounts under clause 17.1(a) is subject to further order of the Commission and the employer making deductions authorised by this award or the Act.

18. Allowances

NOTE: Regulations 3.33(3) and 3.46(1)(g) of Fair Work Regulations 2009 set out the requirements for pay records and the content of payslips including the requirement to separately identify any allowance paid.

18.1 Employers must pay to an employee the allowances the employee is entitled to under clause 18. See Schedule A—Summary of Monetary Allowances for a summary of monetary allowances and method of adjustment.
18.2 Wage-related allowances

18.3 Expense-related allowances

18.4 Deduction for board and lodging

19. Superannuation

19.1 Superannuation legislation

(a) Superannuation legislation, including the Superannuation Guarantee (Administration) Act 1992 (Cth), the Superannuation Guarantee Charge Act 1992 (Cth), the Superannuation Industry (Supervision) Act 1993 (Cth) and the Superannuation (Resolution of Complaints) Act 1993 (Cth), deals with the superannuation rights and obligations of employers and employees. Under superannuation legislation individual employees generally have the opportunity to choose their own superannuation fund. If an employee does not choose a superannuation fund, any superannuation fund nominated in the award covering the employee applies.

(b) The rights and obligations in these clauses supplement those in superannuation legislation.

19.2 Employer contributions

19.3 Voluntary employee contributions

(a) Subject to the governing rules of the relevant superannuation fund, an employee may, in writing, authorise their employer to pay on behalf of the employee a specified amount from the post-taxation wages of the employee into the same superannuation fund as the employer makes the superannuation contributions provided for in clause 19.2.

(b) An employee may adjust the amount the employee has authorised their employer to pay from the wages of the employee from the first of the month following the giving of three months’ written notice to their employer.

(c) The employer must pay the amount authorised under clauses 19.3(a) or 19.3(b) no later than 28 days after the end of the month in which the deduction authorised under clauses 19.3(a) or 19.3(b) was made.

19.4 Superannuation fund

(a) Health Super Fund;

(b) any superannuation fund to which the employer was making superannuation contributions for the benefit of its employees before 12 September 2008, provided the superannuation fund is an eligible choice fund and is a fund that offers a MySuper product or is an exempt public sector superannuation scheme; or

(c) a superannuation fund or scheme which the employee is a defined benefit member of.

Part 5—Overtime and Penalty Rates

20. Overtime

20.1 Definition of overtime

20.2 Overtime rates

For overtime worked on

Overtime rate
(% of ordinary hourly rate)

Casual overtime rate1

Monday to Saturday—first 2 hours

150%

175%

Monday to Saturday—after 2 hours

200%

225%

Sunday—all day

200%

225%

Public holidays—all day

250%

275%

20.3 On-call

(a) Medical Practitioners, except for Senior Doctors, required by the employer to be on-call will be paid an allowance equal to 10% of their daily rate for each day on-call.

(b) Senior Doctors will be available for reasonable on-call and recall duties. Wherever practicable, on-call rosters should align with rostered normal duties.

(c) Senior Doctors will remain on duty when patient needs require, notwithstanding the occurrence of normal meal breaks, conferences or the expiration of their normal hours and will be paid an allowance of 10% of their annual base salary. This allowance will be regarded as part of salary for all purposes, including leave entitlements and superannuation.

20.4 Recall—other than Senior Doctors

(a) When a Medical Practitioner is recalled for duty, they will be paid an amount equal to one hour at the minimum hourly rate as payment for travelling time.

(b) In addition, payment for the time worked will be made at the rate of 150% of the minimum hourly rate on weekdays and 200% of the minimum hourly rate on weekends and public holidays with a minimum payment of 3 hours.

20.5 Sleepover arrangement—Doctors in training

(a) the employees will be entitled to an amount of $80.12 for each sleepover period. Payment will be deemed to provide compensation for the sleepover and also include compensation for all work necessarily undertaken by an employee up to a total of one hour duration;

(b) any work performed by the Doctor in training in excess of one hour during their sleepover will attract the appropriate overtime payment as specified in clause 20.2; and

(c) if, during the course of the sleepover, the Doctor in training is called to active duty more than 5 times, the entire period of the sleepover will be paid as active duty at the appropriate rate instead of the payment prescribed in clause 20.5(a) above.

20.6 Time off instead of payment for overtime

(a) An employee and employer may agree in writing to the employee taking time off instead of being paid for a particular amount of overtime that has been worked by the employee.

(b) Any amount of overtime that has been worked by an employee in a particular pay period and that is to be taken as time off instead of the employee being paid for it must be the subject of a separate agreement under clause 20.6.

(c) The period of time off that an employee is entitled to take is the same as the number of overtime hours worked.

(d) Time off must be taken:

(e) If the employee requests at any time, to be paid for overtime covered by an agreement under clause 20.6 but not taken as time off, the employer must pay the employee for the overtime, in the next pay period following the request, at the overtime rate applicable to the overtime when worked.

(f) If time off for overtime that has been worked is not taken within the period of 4 weeks mentioned in clause 20.6(d), the employer must pay the employee for the overtime, in the next pay period following those 4 weeks, at the overtime rate applicable to the overtime when worked.

(g) The employer must keep a copy of any agreement under clause 20.6 as an employee record.

(h) An employer must not exert undue influence or undue pressure on an employee in relation to a decision by the employee to make, or not make, an agreement to take time off instead of payment for overtime.

(i) An employee may, under section 65 of the Act, request to take time off, at a time or times specified in the request or to be subsequently agreed by the employer and the employee, instead of being paid for overtime worked by the employee. If the employer agrees to the request then clause 20.6 will apply, including the requirement for separate written agreements under clause 20.6(b) for overtime that has been worked.

(j) If, on the termination of the employee’s employment, time off for overtime worked by the employee to which clause 20.6 applies has not been taken, the employer must pay the employee for the overtime at the overtime rate applicable to the overtime when worked.

21. Penalty rates

21.1 Payment of shift penalty rates

(e) Where duty performed attracts more than one penalty, only the higher penalty will apply. For the purposes of clause 21.1, the term penalty will include overtime.

21.2 Saturday and Sunday work

21.3 Payment for working on a public holiday

(a) A Medical Practitioner who is required to work on a public holiday will receive one of the following:

Part 6—Leave and Public Holidays

22. Annual leave

22.1 Annual leave is provided for in the NES.

22.2 Additional leave for certain shiftworkers

22.3 Public holidays falling during annual leave

22.4 Annual leave loading

(a) At the time of taking leave, a Medical Practitioner will be paid a loading of 17.5% of the minimum weekly rate based on a maximum of 4 weeks’ annual leave.

(b) A shiftworker, in addition to their ordinary pay, will be paid the higher of:

22.5 Annual leave in advance

(a) An employer and employee may agree in writing to the employee taking a period of paid annual leave before the employee has accrued an entitlement to the leave.

(b) An agreement must:

(c) The employer must keep a copy of any agreement under clause 22.5 as an employee record.

(d) If, on the termination of the employee’s employment, the employee has not accrued an entitlement to all of a period of paid annual leave already taken in accordance with an agreement under clause 22.5, the employer may deduct from any money due to the employee on termination an amount equal to the amount that was paid to the employee in respect of any part of the period of annual leave taken in advance to which an entitlement has not been accrued.

22.6 Cashing out of annual leave

(a) Paid annual leave must not be cashed out except in accordance with an agreement under clause 22.6.

(b) Each cashing out of a particular amount of paid annual leave must be the subject of a separate agreement under clause 22.6.

(c) An employer and an employee may agree in writing to the cashing out of a particular amount of accrued paid annual leave by the employee.

(d) An agreement under clause 22.6 must state:

(e) An agreement under clause 22.6 must be signed by the employer and employee and, if the employee is under 18 years of age, by the employee’s parent or guardian.

(f) The payment must not be less than the amount that would have been payable had the employee taken the leave at the time the payment is made.

(g) An agreement must not result in the employee’s remaining accrued entitlement to paid annual leave being less than 4 weeks.

(h) The maximum amount of accrued paid annual leave that may be cashed out in any period of 12 months is 2 weeks.

(i) The employer must keep a copy of any agreement under clause 22.6 as an employee record.

22.7 Excessive leave accruals: general provision

(a) An employee has an excessive leave accrual if the employee has accrued more than 8 weeks’ paid annual leave.

(b) If an employee has an excessive leave accrual, the employer or the employee may seek to confer with the other and genuinely try to reach agreement on how to reduce or eliminate the excessive leave accrual.

(c) Clause 22.8 sets out how an employer may direct an employee who has an excessive leave accrual to take paid annual leave.

(d) Clause 22.9 sets out how an employee who has an excessive leave accrual may require an employer to grant paid annual leave requested by the employee.

22.8 Excessive leave accruals: direction by employer that leave be taken

(a) If an employer has genuinely tried to reach agreement with an employee under clause 22.7(b) but agreement is not reached (including because the employee refuses to confer), the employer may direct the employee in writing to take one or more periods of paid annual leave. Any discussions should take into account the employee’s workload, the availability of suitable relief staff, and in the case of a doctor in training, the doctor’s training requirements.

(b) However, a direction by the employer under clause 22.8(a):

(c) The employee must take paid annual leave in accordance with a direction under clause 22.8(a) that is in effect.

(d) An employee to whom a direction has been given under clause 22.8(a) may request to take a period of paid annual leave as if the direction had not been given.

22.9 Excessive leave accruals: request by employee for leave

(a) If an employee has genuinely tried to reach agreement with an employer under clause 22.7(b) but agreement is not reached (including because the employer refuses to confer), the employee may give a written notice to the employer requesting to take one or more periods of paid annual leave.

(b) However, an employee may only give a notice to the employer under clause 22.9(a) if:

(c) A notice given by an employee under clause 22.9(a) must not:

(d) An employee is not entitled to request by a notice under clause 22.9(a) more than 4 weeks’ paid annual leave in any period of 12 months.

(e) The employer must grant paid annual leave requested by a notice under clause 22.9(a).

23. Ceremonial leave

An employee who is legitimately required by Aboriginal or Torres Strait Islander tradition to be absent from work for ceremonial purposes will be entitled to up to 10 working days unpaid leave in any one year, with the approval of the employer.

24. Personal/carer’s leave and compassionate leave

Personal/carer’s leave and compassionate leave are provided for in the NES.

25. Parental leave and related entitlements

Parental leave and related entitlements are provided for in the NES.

26. Community service leave

Community service leave is provided for in the NES.

27. Unpaid family and domestic violence leave

Unpaid family and domestic violence leave is provided for in the NES.

NOTE 1: Information concerning an employee’s experience of family and domestic violence is sensitive and if mishandled can have adverse consequences for the employee. Employers should consult with such employees regarding the handling of this information.

NOTE 2: Depending upon the circumstances, evidence that would satisfy a reasonable person of the employee’s need to take family and domestic violence leave may include a document issued by the police service, a court or family violence support service, or a statutory declaration.

28. Public holidays

28.1 Public holiday entitlements are provided for in the NES.

28.2 A Medical Practitioner who is required to work on a public holiday will be paid in accordance with clause 21.3.

28.3 Part-day public holidays

Part 7—Consultation and Dispute Resolution

29. Consultation about major workplace change

29.1 If an employer makes a definite decision to make major changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, the employer must:

(a) give notice of the changes to all employees who may be affected by them and their representatives (if any); and

(b) discuss with affected employees and their representatives (if any):

(c) commence discussions as soon as practicable after a definite decision has been made.

29.2 For the purposes of the discussion under clause 29.1(b), the employer must give in writing to the affected employees and their representatives (if any) all relevant information about the changes including:

(a) their nature; and

(b) their expected effect on employees; and

(c) any other matters likely to affect employees.

29.3 Clause 29.2 does not require an employer to disclose any confidential information if its disclosure would be contrary to the employer’s interests.

29.4 The employer must promptly consider any matters raised by the employees or their representatives about the changes in the course of the discussion under clause 29.1(b).

29.5 In clause 29 significant effects, on employees, includes any of the following:

(a) termination of employment; or

(b) major changes in the composition, operation or size of the employer’s workforce or in the skills required; or

(c) loss of, or reduction in, job or promotion opportunities; or

(d) loss of, or reduction in, job tenure; or

(e) alteration of hours of work; or

(f) the need for employees to be retrained or transferred to other work or locations; or

(g) job restructuring.

29.6 Where this award makes provision for alteration of any of the matters defined at clause 29.5, such alteration is taken not to have significant effect.

30. Consultation about changes to rosters or hours of work

30.1 Clause 30 applies if an employer proposes to change the regular roster or ordinary hours of work of an employee, other than an employee whose working hours are irregular, sporadic or unpredictable.

30.2 The employer must consult with any employees affected by the proposed change and their representatives (if any).

30.3 For the purpose of the consultation, the employer must:

(a) provide to the employees and representatives mentioned in clause 30.2 information about the proposed change (for example, information about the nature of the change and when it is to begin); and

(b) invite the employees to give their views about the impact of the proposed change on them (including any impact on their family or caring responsibilities) and also invite their representative (if any) to give their views about that impact.

30.4 The employer must consider any views given under clause 30.3(b).

30.5 Clause 30 is to be read in conjunction with any other provisions of this award concerning the scheduling of work or the giving of notice.

31. Dispute resolution

31.1 Clause 31 sets out the procedures to be followed if a dispute arises about a matter under this award or in relation to the NES.

31.2 The parties to the dispute must first try to resolve the dispute at the workplace through discussion between the employee or employees concerned and the relevant supervisor.

31.3 If the dispute is not resolved through discussion as mentioned in clause 31.2, the parties to the dispute must then try to resolve it in a timely manner at the workplace through discussion between the employee or employees concerned and more senior levels of management, as appropriate.

31.4 If the dispute is unable to be resolved at the workplace and all appropriate steps have been taken under clauses 31.2 and 31.3, a party to the dispute may refer it to the Fair Work Commission.

31.5 The parties may agree on the process to be followed by the Fair Work Commission in dealing with the dispute, including mediation, conciliation and consent arbitration.

31.6 If the dispute remains unresolved, the Fair Work Commission may use any method of dispute resolution that it is permitted by the Act to use and that it considers appropriate for resolving the dispute.

31.7 A party to the dispute may appoint a person, organisation or association to support and/or represent them in any discussion or process under clause 31.

31.8 While procedures are being followed under clause 31 in relation to a dispute:

(a) work must continue in accordance with this award and the Act; and

(b) an employee must not unreasonably fail to comply with any direction given by the employer about performing work, whether at the same or another workplace, that is safe and appropriate for the employee to perform.

31.9 Clause 31.8 is subject to any applicable work health and safety legislation.

Part 8—Termination of Employment and Redundancy

32. Termination of employment

NOTE: The NES sets out requirements for notice of termination by an employer. See sections 117 and 123 of the Act.

32.1 Notice of termination by an employee

(a) Clause 32.1 applies to all employees except those identified in sections 123(1) and 123(3) of the Act.

(b) An employee must give the employer notice of termination in accordance with Table 1—Period of notice of at least the period specified in column 2 according to the period of continuous service of the employee specified in column 1.

(c) In clause 32.1(b) continuous service has the same meaning as in section 117 of the Act.

(d) If an employee who is at least 18 years old does not give the period of notice required under clause 32.1(b), then the employer may deduct from wages due to the employee under this award an amount that is no more than one week’s wages for the employee.

(e) If the employer has agreed to a shorter period of notice than that required under clause 32.1(b), then no deduction can be made under clause 32.1(d).

(f) Any deduction made under clause 32.1(d) must not be unreasonable in the circumstances.

32.2 Job search entitlement

(a) Where an employer has given notice of termination to an employee, the employee must be allowed time off without loss of pay of up to one day for the purpose of seeking other employment.

(b) The time off under clause 32.2 is to be taken at times that are convenient to the employee after consultation with the employer.

33. Redundancy

NOTE: Redundancy pay is provided for in the NES. See sections 119 to 123 of the Act.

33.1 Transfer to lower paid duties on redundancy

(a) Clause 33.1 applies if, because of redundancy, an employee is transferred to new duties to which a lower ordinary rate of pay applies.

(b) The employer may:

(c) If the employer acts as mentioned in clause 33.1(b)(ii), the employee is entitled to a payment of an amount equal to the difference between the ordinary rate of pay of the employee (inclusive of all-purpose allowances, shift rates and penalty rates applicable to ordinary hours) for the hours of work the employee would have worked in the first role, and the ordinary rate of pay (also inclusive of all-purpose allowances, shift rates and penalty rates applicable to ordinary hours) of the employee in the second role for the period for which notice was not given.

33.2 Employee leaving during redundancy notice period

(a) An employee given notice of termination in circumstances of redundancy may terminate their employment during the minimum period of notice prescribed by section 117(3) of the Act.

(b) The employee is entitled to receive the benefits and payments they would have received under clause 33 or under sections 119 to 123 of the Act had they remained in employment until the expiry of the notice.

(c) However, the employee is not entitled to be paid for any part of the period of notice remaining after the employee ceased to be employed.

33.3 Job search entitlement

(a) Where an employer has given notice of termination to an employee in circumstances of redundancy, the employee must be allowed time off without loss of pay of up to one day each week of the minimum period of notice prescribed by section 117(3) of the Act for the purpose of seeking other employment.

(b) If an employee is allowed time off without loss of pay of more than one day under clause 33.3(a), the employee must, at the request of the employer, produce proof of attendance at an interview.

(c) A statutory declaration is sufficient for the purpose of clause 33.3(b).

(d) An employee who fails to produce proof when required under clause 33.3(b) is not entitled to be paid for the time off.

(e) This entitlement applies instead of clause 32.2.

Schedule A—Summary of Monetary Allowances

See clause 18Allowances for full details of allowances payable under this award.

A.1 Wage-related allowances and penalty rates
A.1.1 Wage-related allowances

A.1.2 Adjustment of wage-related allowances

A.1.3 Penalty rates

Allowance

Clause

Method

$

Payable

On-call allowance—Medical Practitioners, except for Senior Doctors

20.3

10% of employee’s daily rate per each day on-call

   

On-call allowance—Senior Doctors1

20.3

10% of employee’s annual base salary

   

Sleepover arrangement—Doctors in training

20.5

0.08% of standard rate

80.12

per sleepover period

A.2 Expense-related allowances
A.2.1 The following expense-related allowances will be payable to employees in accordance with clause 18.3:

A.2.2 Adjustment of expense-related allowances

   

Schedule B—Agreement to Take Annual Leave in Advance
Link to PDF copy of Agreement to Take Annual Leave in Advance.

Name of employee: _____________________________________________

Name of employer: _____________________________________________

The employer and employee agree that the employee will take a period of paid annual leave before the employee has accrued an entitlement to the leave:

The amount of leave to be taken in advance is: ____ hours/days

The leave in advance will commence on: ___/___/20___

Signature of employee: ________________________________________

Date signed: ___/___/20___

Name of employer representative: ________________________________________

Signature of employer representative: ________________________________________

Date signed: ___/___/20___

[If the employee is under 18 years of age – include:]

I agree that:

if, on termination of the employee’s employment, the employee has not accrued an entitlement to all of a period of paid annual leave already taken under this agreement, then the employer may deduct from any money due to the employee on termination an amount equal to the amount that was paid to the employee in respect of any part of the period of annual leave taken in advance to which an entitlement has not been accrued.

Name of parent/guardian: ________________________________________

Signature of parent/guardian: ________________________________________

Date signed: ___/___/20___

   

Schedule C—Agreement to Cash Out Annual Leave
Link to PDF copy of Agreement to Cash Out Annual Leave.

Name of employee: _____________________________________________

Name of employer: _____________________________________________

The employer and employee agree to the employee cashing out a particular amount of the employee’s accrued paid annual leave:

The amount of leave to be cashed out is: ____ hours/days

The payment to be made to the employee for the leave is: $_______ subject to deduction of income tax/after deduction of income tax (strike out where not applicable)

The payment will be made to the employee on: ___/___/20___

Signature of employee: ________________________________________

Date signed: ___/___/20___

Name of employer representative: ________________________________________

Signature of employer representative: ________________________________________

Date signed: ___/___/20___

Include if the employee is under 18 years of age:

Name of parent/guardian: ________________________________________

Signature of parent/guardian: ________________________________________

Date signed: ___/___/20___

   

Schedule D—Part-day Public Holidays
D.1 This schedule operates where this award otherwise contains provisions dealing with public holidays that supplement the NES.
D.2 Where a part-day public holiday is declared or prescribed between 7.00 pm and midnight on Christmas Eve (24 December in each year) or New Year’s Eve (31 December in each year) the following will apply on Christmas Eve and New Year’s Eve and will override any provision in this award relating to public holidays to the extent of the inconsistency:

D.3 This schedule is not intended to detract from or supplement the NES.