MA000157  PR722369
FAIR WORK COMMISSION

ORDER


Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Sch. 6A, Item 4 - Application to make a State reference public sector modern award

Health Grouping
(AM2013/33 and others)

HEALTH PROFESSIONALS, MEDICAL SCIENTISTS AND SUPPORT SERVICES (VICTORIA) STATE REFERENCE PUBLIC SECTOR MODERN AWARD 2018
[MA0000157]

Health and welfare services

DEPUTY PRESIDENT GOSTENCNIK
DEPUTY PRESIDENT COLMAN
COMMISSIONER LEE

MELBOURNE, 4 NOVEMBER 2020

State reference public sector transitional award modernisation.

1. Further to the Decisions [2018] FWCFB 5557 issued on 4 September 2018 and [2020] FWCFB 5678 issued on 4 November 2020, the following State reference public sector modern award is made:

•  Health Professionals, Medical Scientists and Support Services (Victoria) State Reference Public Sector Modern Award 2018

2. The award is attached. Pursuant to clause 2.1 of the award it comes into effect on 11 November 2020.

3. The following awards are terminated pursuant to item 10(1) of Schedule 6A to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009:

•  Medical Scientists, Pharmacists and Psychologists (Public Sector - Victoria) Award 2003 [Transitional] [AT830467]

•  Health and Allied Services - Public Sector - Victoria Consolidated Award 1998 [Transitional] [AT783945]

•  Health Professional Services - Public Sector - Victoria Award 2003 [Transitional] [AT827096]

4. This order comes into effect on 4 November 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<MA000157  PR722369>

Health Professionals, Medical Scientists and Support Services (Victoria) State Reference Public Sector Modern Award 2018

Table of Contents

Part 1— Application and Operation 3
1. Title 3
2. Commencement and transitional 3
3. Definitions and interpretation 3
4. Coverage 5
5. Access to the award and the National Employment Standards 5
6. The National Employment Standards and this award 5
7. Award flexibility 5
Part 2— Consultation and Dispute Resolution 7
8. Consultation 7
9. Dispute resolution 8
Part 3— Types of Employment and Termination of Employment 10
10. Types of employment 10
11. Termination of employment 11
Part 4— Minimum Wages and Related Matters 12
12. Classifications 12
13. Allowances 24
14. Higher duties 29
15. Payment of wages 30
16. Accident pay 30
17. Superannuation 31
Part 5— Hours of Work and Related Matters 32
18. Ordinary hours of work 32
19. Span of hours 33
20. Rostering 33
21. Saturday and Sunday work 34
22. Breaks 34
23. Overtime 34
24. Shiftwork 36
Part 6— Leave and Public Holidays 37
25. Annual leave 37
26. Public holidays 38
27. Personal/carer’s leave and compassionate leave 38
28. Community service leave 41
29. Cultural and ceremonial leave 41
30. Parental leave 42
Schedule A —Health and Allied Support Employees 44
Schedule B —Health Professionals 67
Schedule C —Medical Scientists, Pharmacists and Psychologists 95
Schedule D —Supported Wage System 144
Schedule E —National Training Wage 147
Appendix E1: Allocation of Traineeships to Wage Levels 155

Part 1—Application and Operation

1. Title

This award is the Health Professionals, Medical Scientists and Support Services (Victoria) State Reference Public Sector Modern Award 2018.

2. Commencement and transitional

2.1 This award commences on 11 November 2020.

2.2 The monetary obligations imposed on employers by this award may be absorbed into overaward payments. Nothing in this award requires an employer to maintain or increase any overaward payment.

2.3 The making of this award is not intended to result in a reduction in the take-home pay of employees covered by the award. On application by or on behalf of an employee who suffers a reduction in take-home pay as a result of the making of this award, the Fair Work Commission may make any order it considers appropriate to remedy the situation.

3. Definitions and interpretation

3.1 In this award, unless the contrary intention appears:

(a) For HASA Employees the minimum wage for Wage/Skill Group 5; and

(b) For Health Professionals the minimum wage for UG 1 Grade 1 year 2 (except for shift and Change of Shift allowance); and

(c) For Medical Scientists the minimum wage for Grade 1 year 1 (except on call allowance).

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

4. Coverage

4.1 This State reference public sector award covers:

(a) Employers in Victoria who are State reference public sector employers (as defined in clause 3) and who employ HASA Employees, Health Professionals and/or Medical Scientists, principally engaged in the duties comprehended by the classifications listed in Schedule A, Schedule B and Schedule C, and

(b) Employees of State reference public sector employers (as defined) in Victoria in the classifications listed in Schedule A, Schedule B and Schedule C to the exclusion of any other modern award, and

(c) The Health Services Union.

4.2 The award does not cover employers and employees who are covered by the Health Professionals and Support Services Award 2010 because the employers are constitutional corporations.

4.3 The award does not cover an employee excluded from award coverage by the Act.

4.4 The award does not cover 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.

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. Access to the award and the National Employment Standards

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

6. The National Employment Standards and this award

The NES and this award contain the minimum conditions of employment for employees covered by this award.

7. Award flexibility

7.1 Notwithstanding any other provision of this award, an employer and an individual employee may agree to vary the application of certain terms of this award to meet the genuine individual needs of the employer and the individual employee. The terms the employer and the individual employee may agree to vary the application of are those concerning:

(a) arrangements for when work is performed;

(b) overtime rates;

(c) penalty rates;

(d) allowances; and

(e) leave loading.

7.2 The employer and the individual employee must have genuinely made the agreement without coercion or duress. An agreement under this clause can only be entered into after the individual employee has commenced employment with the employer.

7.3 The agreement between the employer and the individual employee must:

(a) be confined to a variation in the application of one or more of the terms listed in clause 7.1; and

(b) result in the employee being better off overall at the time the agreement is made than the employee would have been if no individual flexibility agreement had been agreed to.

7.4 The agreement between the employer and the individual employee must also:

(a) be in writing, name the parties to the agreement and be signed by the employer and the individual employee and, if the employee is under 18 years of age, the employee’s parent or guardian;

(b) state each term of this award that the employer and the individual employee have agreed to vary;

(c) detail how the application of each term has been varied by agreement between the employer and the individual employee;

(d) detail how the agreement results in the individual employee being better off overall in relation to the individual employee’s terms and conditions of employment; and

(e) state the date the agreement commences to operate.

7.5 The employer must give the individual employee a copy of the agreement and keep the agreement as a time and wages record.

7.6 Except as provided in clause 7.4(a) the agreement must not require the approval or consent of a person other than the employer and the individual employee.

7.7 An employer seeking to enter into an agreement must provide a written proposal to the employee. Where the employee’s understanding of written English is limited the employer must take measures, including translation into an appropriate language, to ensure the employee understands the proposal.

7.8 The agreement may be terminated:

(a) by the employer or the individual employee giving 13 weeks’ notice of termination, in writing, to the other party and the agreement ceasing to operate at the end of the notice period; or

(b) at any time, by written agreement between the employer and the individual employee.

7.9 The right to make an agreement pursuant to this clause is in addition to, and is not intended to otherwise affect, any provision for an agreement between an employer and an individual employee contained in any other term of this award.

Part 2—Consultation and Dispute Resolution

8. Consultation

8.1 Consultation regarding major workplace change

8.2 Consultation about changes to rosters or hours of work

(a) Where an employer proposes to change an employee’s regular roster or ordinary hours of work, the employer must consult with the employee or employees affected and their representatives, if any, about the proposed change.

(b) The employer must:

(c) The requirement to consult under this clause does not apply where an employee has irregular, sporadic or unpredictable working hours.

(d) These provisions are to be read in conjunction with other award provisions concerning the scheduling of work and notice requirements.

9. Dispute resolution

9.1 In the event of a dispute about a matter under this award, or a dispute in relation to the NES, in the first instance the parties must attempt to resolve the matter at the workplace by discussions between the employee or the employees concerned and the relevant supervisor. If such discussions do not resolve the dispute, the parties will endeavour to resolve the dispute in a timely manner by discussions between the employee or employees concerned and more senior levels of management as appropriate.

9.2 If a dispute about a matter arising under this award or a dispute in relation to the NES is unable to be resolved at the workplace, and all appropriate steps under clause 9.1 have been taken, a party to the dispute may refer the dispute to the Fair Work Commission.

9.3 The parties may agree on the process to be utilised by the Fair Work Commission including mediation, conciliation and consent arbitration.

9.4 Where the matter in dispute remains unresolved, the Fair Work Commission may exercise any method of dispute resolution permitted by the Act that it considers appropriate to ensure the settlement of the dispute.

9.5 An employer or employee may appoint another person, organisation or association to accompany and/or represent them for the purposes of this clause.

9.6 While the dispute resolution procedure is being conducted, work must continue in accordance with this award and the Act. Subject to applicable occupational health and safety legislation, an employee must not unreasonably fail to comply with a direction by the Employer to perform work, whether at the same or another workplace that is safe and appropriate for the employee to perform.

9.7 Settlement of disputes—training leave

(a) A union representative, or other employee selected by the union, shall be entitled to, and the employer shall grant, up to five days’ leave with pay each calendar year, non-cumulative, to attend courses conducted by an accredited training provider and, approved by the union or TUTA (Inc) on the following conditions:

(b) Notwithstanding clause 9.7(a), leave of absence in accordance with the clause in excess of five days and up to ten days may be granted in that year and in the subsequent year not exceeding ten days.

(c) Leave of absence in accordance with this clause may include any necessary travelling time in normal hours immediately before or after the course.

Part 3—Types of Employment and Termination of Employment

10. Types of employment

10.1 Employment categories

(a) Employees under this award will be employed in one of the following categories:

(b) At the time of engagement an employer will inform each employee whether they are employed on a full-time, part-time or casual basis. An employer may direct an employee to carry out such duties that are within the limits of the employee’s skill, competence and training, consistent with the respective classification.

10.2 Full-time employment

10.3 Part-time employment

(a) A part-time employee is an employee who is engaged to work less than the full-time hours of an average of 38 hours per week and who has reasonably predictable hours of work.

(b) Before commencing employment, the employer and employee will agree in writing on a regular pattern of work including the number of hours to be worked each week, the days of the week the employee will work and the starting and finishing times each day.

(c) The terms of the agreement may be varied by agreement and recorded in writing.

(d) The terms of this award will apply on a pro rata basis to part-time employees on the basis that the ordinary weekly hours for full-time employees are 38.

10.4 Casual employment

(a) A casual employee is an employee engaged as such on an hourly basis, other than as a part-time or full-time employee to work up to and including 38 ordinary hours per week.

(b) A casual employee will be paid per hour calculated at the rate of 1/38th of the weekly rate appropriate to the employee’s classification. In addition, a loading of 25% of that rate will be paid instead of the paid leave entitlements of full-time employees.

(c) The minimum period of engagement of a casual employee is three hours.

(d) A casual employee will be paid shift and weekend premiums calculated on the ordinary rate of pay excluding the casual loading with the casual loading component then added to the penalty rate of pay.

11. Termination of employment

11.1 Notice of termination is provided for in the NES.

11.2 In order to terminate the employment of a Health Professional or Medical Scientist the employer must give to the employee 4 weeks’ notice of termination.

11.3 In order to terminate the employment of a HASA Employee, the employer must give the minimum period of notice based on the employee’s period of continuous service with the employer up to the end of the day the notice is given, as follows:

Period of continuous service

Period of notice

Not more than 1 year

1 week

More than 1 year but not more than 3 years

2 weeks

More than 3 years but not more than 5 years

3 weeks

More than 5 years

4 weeks

11.4 Employees given notice under either clause 11.2 or 11.3 who are over 45 years of age at the time of the giving of the notice with not less than two years’ continuous service, are entitled to an additional week’s notice.

11.5 Notice of termination by an employee

(a) The notice of termination required to be given by an employee is the same as that required of an employer except that there is no requirement on the employee to give additional notice based on the age of the employee concerned.

(b) If an employee fails to give the required notice the employer may withhold from any monies due to the employee on termination under this award or the NES, an amount not exceeding the amount the employee would have been paid under this award in respect of the period of notice required by this clause less any period of notice actually given by the employee.

11.6 Job search entitlement

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

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

Part 4—Minimum Wages and Related Matters

12. Classifications

12.1 All employees covered by this award must be classified according to the structure and definitions set out in Schedule A, Schedule B or Schedule C–Classification Definitions. Employers must advise their employees in writing of their classification upon commencement and of any subsequent changes to their classification.

12.2 Minimum weekly wages for HASA Employees (Schedule A)

12.3 Minimum weekly wages for Health Professional Employees

(a) Classification, grading and appointment criteria for Health Professionals are contained in Schedule B

12.4 Minimum weekly wages for Medical Scientists

(a) Classification, grading and appointment criteria for Health Professionals are contained in Schedule C.

12.5 Supported wage system

12.6 National training wage

13. Allowances

13.1 Adjustment of expense related allowances

(a) At the time of any adjustment to the standard rate, each expense related allowance will be increased by the relevant adjustment factor. The relevant adjustment factor for this purpose is the percentage movement in the applicable index figure most recently published by the Australian Bureau of Statistics since the allowance was last adjusted.

(b) The applicable index figure is the index figure published by the Australian Bureau of Statistics for the Eight Capitals Consumer Price Index (Cat No. 6401.0), as follows:

Allowance

Applicable Consumer Price Index figure

Meal allowance

Take away and fast foods sub-group

Clothing and equipment allowance

Clothing and footwear group

Tool allowance

Tools and equipment for house and garden component of the household appliances, utensils and tools sub-group

Vehicle allowance

Private motoring sub-group

13.2 Blood check allowance

13.3 Clothing and equipment

(a) Employees required by the employer to wear uniforms will be supplied with an adequate number of uniforms appropriate to the occupation free of cost to employees. Such items are to remain the property of the employer and be laundered and maintained by such employer free of cost to the employee.

(b) Instead of the provision of such uniforms, the employer may, by agreement with the employee, pay such employee a uniform allowance at the rate of $1.23 per shift or part thereof on duty or $6.24 per week, whichever is the lesser amount. Where such employee’s uniforms are not laundered by or at the expense of the employer, the employee will be paid a laundry allowance of $0.32 per shift or part thereof on duty or $1.49 per week, whichever is the lesser amount.

(c) The uniform allowance but not the laundry allowance shall be paid during all absences on leave, except absences on long service leave and absence on sick leave beyond 21 days. Where, prior to the taking of leave, an employee was paid a uniform allowance other than at the weekly rate, the rate to be paid during absence on leave shall be the average of the allowance paid during the four weeks immediately preceding the taking of leave.

(d) Where an employer requires an employee to wear rubber gloves, special clothing or where safety equipment is required for the work performed by an employee, the employer must reimburse the employee for the cost of purchasing such special clothing or safety equipment, except where such clothing or equipment is provided by the employer.

13.4 Damaged clothing allowance

(a) Where an employee, in the course of their employment suffers any damage to or soiling of clothing or other personal effects (excluding female hosiery), the employer will be liable for the replacement, repair or cleaning of such clothing or personal effects provided immediate notification is given of such damage or soiling.

(b) This clause will not apply where the damage or soiling is caused by the negligence of the employee.

13.5 Heat allowance

(a) Where work continues for more than two hours in temperatures exceeding 46 degrees Celsius employees will be entitled to 20 minutes rest after every two hours work without deduction of pay.

(b) It will be the responsibility of the employer to ascertain the temperature.

(c) Where an employee works for more than one hour in the shade in places where the temperature is raised by artificial means and:

13.6 Meal allowances

(a) An employee will be supplied with an adequate meal where an employer has adequate cooking and dining facilities or be paid a meal allowance of $13.56 in addition to any overtime payment as follows:

(b) Clause 13.6(a) will not apply when an employee could reasonably return home for a meal within the meal break.

(c) On request meal allowance will be paid on the same day as overtime is worked.

13.7 Nauseous work allowance

(a) An allowance of 0.05% of the standard rate per hour or part thereof will be paid to an employee in any classification if they are engaged in handling linen of a nauseous nature other than linen sealed in airtight containers and/or for work which is of an unusually dirty or offensive nature having regard to the duty normally performed by such employee in such classification. Any employee who is entitled to be paid this allowance will be paid a minimum sum of 0.27% of the standard rate for work performed in any week.

13.8 Qualified interpreters – HASA Employees only

(a) In addition to any amount payable under the salary and allowance clauses of this award, any person employed as an interpreter (qualified) and who is accredited by the National Accreditation Authority for Translators and Interpreters (NAATI) shall receive the following additional payment per week:

13.9 Occasional interpreting allowance

13.10 On call allowance

(a) An employee required by the employer to be on call will receive the following additional amounts for each 24 hour period or part thereof:

(b) For the purpose of this clause the whole of the on call period is calculated according to the day on which the major portion of the on call period falls.

13.11 Telephone allowance

13.12 Tool allowance

13.13 Travelling, transport and fares

(a) An employee required and authorised to use their own motor vehicle in the course of their duties will be paid an allowance of not less than $0.80 per kilometre.

(b) When an employee is involved in travelling on duty, if the employer cannot provide the appropriate transport, all reasonably incurred expenses in respect to fares, meals and accommodation will be met by the employer on production of receipted account(s) or other evidence acceptable to the employer.

(c) Provided further that the employee will not be entitled to reimbursement for expenses referred to in clause 13.13(b), which exceed the mode of transport, meals or the standard of accommodation agreed with the employer, for these purposes.

13.14 Seniors – HASA Employees

13.15 Sole allowance – Health Professional

(a) Medical Imaging Technologist

(b) Radiation Therapy Technologist

(c) Nuclear Medicine Technologist

(d) Physiotherapist

(e) Occupational Therapist

(f) Speech Pathologist

(g) Photographer or Illustrator

(h) Orthoptist

(i) Podiatrist

(j) Orthotist/Prosthetist

(k) Child Psychotherapist

(l) Medical Librarian

(m) Medical Record Administrator

(n) Music Therapist

(o) Recreation Therapist

(p) Social Worker

(q) Cardiac Technologist

13.16 Higher qualifications—Health Professional

(a) An employee employed as a Health Professional who holds an additional post graduate qualification which is of direct relevance to the employee’s current position or functional work area, shall be paid an allowance of 7.5% of the UGI grade 1, year 3 rate in clause 12.3.

(b) A health professional who holds a doctorate which is of direct relevance to the employee’s current position or functional work area shall be paid an allowance of 10% of the UG1 grade 1, year 3 rate in clause 12.3.

13.17 Higher qualifications—Medical Scientist

(a) An employee employed as a Medical Scientist who holds a Masters or the Graduate Diploma in Health Administration (see Schedule C) or any other recognised equivalent Degree or Diploma from a tertiary institution will be paid an allowance of 6.5% of the “Audiologist Grade I, 1st year of experience” weekly rate in clause 12.3(h)(i).

(b) An employee employed as a Medical Scientist who holds a Doctorate (see Schedule C) will be paid an allowance of 10% of the Audiologist Grade I, 1st year of experience” weekly rate in clause 12.3(h)(i).

(c) Such allowances shall not be cumulative in the case of multiple higher qualifications.

14. Higher duties

14.1 A HASA Employee who is engaged in any duties carrying a higher wage rate than the classification in which they are ordinarily employed in any one day or shift will be paid at the higher wage rate for:

(a) the time so worked for one hour or less; or

(b) a full day or shift where the time so worked exceeds one hour.

14.2 An employee classified as a Health Professional or a Medical Scientist who is authorised to assume the duties of another employee on a higher classification under this award for a period of five or more consecutive working days will be paid for the period for which they assumed such duties at not less than the minimum rate prescribed for the classification applying to the employee so relieved.

15. Payment of wages

15.1 Frequency of payment

15.2 Method of payment

15.3 When notice of termination of employment has been given by an employee or an employee’s services have been terminated by an employer, payment of all wages and other monies owing to an employee shall be made to the employee, unless otherwise agreed between the parties.

16. Accident pay

16.1 Accident make-up pay in accordance with clause 16.2 shall not apply:

(a) in respect of any injury during the first five normal working days of incapacity;

(b) to any incapacity occurring during the first two weeks of employment unless that incapacity continues beyond the first three weeks;

(c) during any period when the employee fails to comply with the requirements of the Act with regard to examination by a legally qualified medical practitioner;

(d) where the injury for which the employee is receiving weekly compensation payments is a pre-existing injury which work has contributed to by way of recurrence, aggravation, acceleration, exacerbation or deterioration and the employee failed to disclose the injury on engagement following a request to do so by the employer in circumstances where the employee knew or ought to have known about the nature of the injury;

(e) where in accordance with the Workplace Injury Rehabilitation and Compensation Act 2014 (Vic) (the WIRC Act) a medical practitioner provides information to an employer of an employee’s fitness for work or specifies work for which an employee has a capacity and that work is made available by an employer but not commenced by an employee;

(f) when the claim has been commuted or redeemed in accordance with the Act;

(g) in respect of any period of annual leave, long service leave or for any paid public holiday.

16.2 Maximum payment

(a) The maximum period or aggregate of periods of accident make-up pay to be made by an employer will be a total of 39 weeks for any one injury.

(b) Accident make-up pay means a weekly payment of an amount representing the difference between the total amount of compensation paid in accordance with the WIRC Act as amended for the week in question and the total 38 hour weekly rate and weekly overaward payment for a day employee which would have been payable under this part for the employee’s normal classification of work for the week in question if she/he had been performing her/his normal duties provided that such latter rate shall exclude additional remuneration by way of shift premiums, overtime payments, special rates or other similar payments.

16.3 Reduction of compensation

16.4 Cessation of employment

(a) An entitlement to accident make-up pay ceases on termination of the employee’s employment, except where such termination:

(b) is by the employer other than for reason of the employee’s serious and wilful misconduct; or

(c) arises from a declaration of bankruptcy or liquidation of the employer, in which case the employee’s entitlement shall be referred to the Fair Work Commission to determine.

(d) a declaration of bankruptcy or liquidation of the employer, in which case the employee’s entitlement shall be referred to the Fair Work Commission to determine.

17. Superannuation

17.1 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.

17.2 Employer contributions

(a) An employer must make such superannuation contributions to a superannuation fund for the benefit of an employee as will avoid the employer being required to pay the superannuation guarantee charge under superannuation legislation with respect to that employee.

17.3 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 17.2.

(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 17.3(a) or (b) no later than 28 days after the end of the month in which the deduction authorised under clauses 17.3(a) or (b) was made.

17.4 Superannuation fund

(a) First State Super;

(b) Health Employees Superannuation Trust of Australia (HESTA);

(c) 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

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

Part 5—Hours of Work and Related Matters

18. Ordinary hours of work

18.1 The hours for an ordinary week’s work shall be 38, or be an average 38 per week in a fortnight or in a four week period or by mutual agreement, a five week period in the case of an employee working ten hour shifts and shall be paid either:

(a) in a week of five days in shifts of not more than eight hours each; or

(b) by mutual agreement in a week of four days in shifts of not more than ten hours each; or

(c) by mutual agreement, provided that the length of any ordinary shift shall not exceed ten hours; or

(d) in 76 hours per fortnight to be worked as not more than ten days of not more than eight hours each; or

(e) in 152 hours per four week period to be worked as nineteen days each of eight hours.

18.2 Subject to the roster provision in clause 20—Rostering, not more than 50 ordinary hours be worked in any week.

18.3 With the exception of a meal interval and one additional break, the work of each shift shall be continuous.

19. Span of hours

19.1 Unless otherwise stated, the ordinary hours of work for an employee will be worked between 6.00 am and 6.00 pm Monday to Friday.

19.2 A shiftworker is an employee who is regularly rostered to work their ordinary hours of work outside the ordinary hours of work as defined in clause 19.1.

20. Rostering

20.1 The ordinary hours of work for each employee will be displayed on a roster of at least 14 days duration in a place conveniently accessible to employees. The roster will be posted at least two weeks before the commencement of the roster period.

20.2 Seven days’ notice will be given of a change in a roster. However, a roster may be altered at any time to enable the functions of the hospital, facility or organisation to be carried on where another employee is absent from duty on account of illness or in an emergency.

20.3 Unless the employer otherwise agrees, an employee desiring a roster change will give seven days’ notice except where the employee is ill or in an emergency.

20.4 Where an employer requires a HASA Employee or Medical Scientist without seven days’ notice and outside the excepted circumstances prescribed in clause 20.2, to perform ordinary duty at other times than those previously rostered, that employee shall be paid in accordance with the hours worked, with the addition of a daily allowance equal to 2.5% of the standard rate per week.

(a) Provided that a part-time employee who agrees to work shift(s) in addition to those already rostered will not be entitled to the above specified allowance for the additional shift(s) worked.

20.5 For Health Professionals a roster shall only be altered on account of illness or an emergency.

20.6 Notwithstanding any other provision of this part, this clause shall not apply to casual employees.

21. Saturday and Sunday work

21.1 Where an employee is rostered to work ordinary hours between midnight Friday and midnight Sunday, the employee will be paid a loading of 50% of their ordinary rate of pay for the hours worked during this period.

21.2 Provided that work in excess of the prescribed rostered hours shall be paid a loading of 100% for the excess period.

22. Breaks

22.1 Meal breaks

(a) An employee who works in excess of five hours will be entitled to an unpaid meal break of not less than 30 minutes and not more than 60 minutes.

(b) The time of taking the meal break may be varied by agreement between the employer and employee.

22.2 Tea breaks

(a) Every employee will be entitled to a paid 10 minute tea break in each four hours worked at a time to be agreed between the employer and employee.

(b) Subject to agreement between the employer and employee, such breaks may alternatively be taken as one 20 minute tea break.

(c) Tea breaks will count as time worked.

23. Overtime

23.1 An employer may require any employee to work reasonable overtime at the appropriate overtime rate.

23.2 Only authorised overtime shall be paid for and the following rates of overtime shall apply:

23.3 Overtime rates

(a) An employee who works outside their ordinary hours on any day will be paid at the rate of:

(b) Overtime penalties as prescribed in clause 23 do not apply to Scientist—Director or Deputy Director.

(c) Overtime rates under this clause will be in substitution for and not cumulative upon the weekend premiums and public holiday penalties prescribed in clause 21—Saturday and Sunday work and clause 26—Public holidays.

23.4 Time off instead of payment for overtime

23.5 Medical Scientists and Health Professionals

23.6 Health and Allied Service Staff

23.7 Rest period after overtime

(a) When overtime work is necessary, it will, wherever reasonably practicable, be so arranged that employees have at least 10 consecutive hours off duty between the work of successive days or shifts, including overtime.

(b) An employee, other than a casual employee, who works so much overtime between the termination of their ordinary work on one day and the commencement of their ordinary work on the next day, that they have not had at least 10 consecutive hours off duty between those times, will be released after completion of such overtime, until they have had 10 consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

(c) If, on the instruction of the employer, an employee resumes or continues to work without having had 10 consecutive hours off duty, they will be paid at the rate of double time until released from duty for such period. The employee will then be entitled to be absent until they have had 10 consecutive hours off duty without loss of pay for rostered ordinary hours occurring during the absence.

23.8 Rest break during overtime

23.9 Recall to work when on call

23.10 Recall to work when not on call

(a) An employee who is not required to be on call and who is recalled to work after leaving the employer’s premises will be paid for a minimum of three hours’ work at the appropriate overtime rate.

(b) The time spent travelling to and from the place of duty will be deemed to be time worked. Except that, where an employee is recalled within three hours of their rostered commencement time, and the employee remains at work, only the time spent in travelling to work will be included with the actual time worked for the purposes of the overtime payment.

(c) An employee who is recalled to work will not be obliged to work for three hours if the work for which the employee was recalled is completed within a shorter period.

(d) If an employee is recalled to work, the employee will be provided with transport to and from their home or will be refunded the cost of such transport.

24. Shiftwork

24.1 Shift penalties

(a) The relevant standard rate for the purposes of this clause shall be:

(b) In addition to any other rates prescribed elsewhere in this part of this award an employee whose rostered hours of ordinary duty finish between 6.00 pm and 8.00 am or commence between 6.00 pm and 6.30 am shall be paid an amount equal to 2.5% of the standard rate per rostered period of duty.

24.2 The shift penalties prescribed in clause 24.1 are to be paid on all days of the week, including public holidays, and are in addition to the extra payments prescribed in clause 21—Saturday and Sunday work and clause 26—Public holidays.

24.3 Change of Shift Allowance

(a) Provided further that in the case of an employee who changes from working on one shift to working on another shift the time of commencement of which differs by four hours or more than from that of the first the employee shall be paid an amount equal to 4% of the relevant standard rate on the occasion of each such change in addition to any amount payable under the preceding provisions of this clause.

(b) Notwithstanding the provisions of clause 24.3(a) the change of shift allowance is not payable where an employer agrees to a request in writing made on behalf of one or more of his/her employees for changes in shifts.

(c) The allowances payable pursuant to this clause shall be calculated to the nearest five cents, portions of a cent being disregarded.

Part 6—Leave and Public Holidays

25. Annual leave

25.1 Annual leave is provided for in the NES. This clause contains additional provisions.

25.2 Quantum of leave – Shiftworker

(a) The NES provides that an employee who is defined as a shiftworker under this clause is entitled to an additional weeks’ annual leave on the same terms and conditions.

(b) For the purpose of the NES a shiftworker is an employee who is rostered to work four [4] or more hours on ten [10] or more weekends during the year.

25.3 Annual leave loading

(a) In addition to their ordinary pay, an employee, other than a shiftworker, will be paid an annual leave loading of 17.5% of their ordinary rate of pay.

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

25.4 Leave in advance

(a) An employer may allow an employee to take annual leave either wholly or partly in advance of an entitlement accruing.

(b) Where annual leave has been taken in advance and the employment of the employee is terminated before completing the required amount of service to account for the leave, the employer is entitled to deduct the amount of leave in advance which is still owing from any remuneration payable to the employee upon termination of employment.

26. Public holidays

26.1 Public holidays are provided for in the NES. This clause contains additional provisions.

26.2 Substitution

(a) An employer and the employees may, by agreement, substitute another day for a public holiday. Where there is no agreement, the employer may substitute another day but not so as to give an employee less time off work than the employee would have had if the employee had received the public holiday.

26.3 Payment for working on a public holiday

(a) Any employee required to work on a public holiday will be paid double time and a half for all time worked.

26.4 Accrued days off on public holidays

(a) Where an employee’s accrued day off falls on a public holiday, another day, determined by the employer, will be taken instead within the same four or five week work cycle, where practical.

27. Personal/carer’s leave and compassionate leave

27.1 Personal/carer’s leave and compassionate leave are provided for in the NES. This clause contains additional information in relation to personal/carer’s leave only. Clause 27 is inclusive of and is not in addition to the NES entitlement to paid personal/carer’s leave.

27.2 An employee is entitled to the following amount of paid personal leave:

(a) During the first year of service—eight hours for each month of service.

(b) During the second, third and fourth year of service—112 hours in each year.

(c) Thereafter—168 hours in each year.

27.3 An employee is entitled to take any amount of accrued personal leave in any year as carer’s leave.

27.4 Accrual of personal leave

27.5 Portability of Personal/Carer’s Leave

(a) Where an employee is and has been in the service of a:

(b) The new employer may require an employee to produce a written statement from the employee’s previous employing Institution specifying the amount of accumulated personal leave standing to the credit of such employee at the time of leaving that previous employment.

(c) Provided that in respect of any period of absence which is less than an employee’s “allowable period of absence” (as defined) between an engagement with one of the employers at clause 27.5(a) and another, continuity of service shall be deemed to be unbroken. Any period in excess of the allowable period of absence shall operate so as to exclude the employee from any benefit under this subclause.

(d) Provided further that where any employee for the sole purpose of undertaking a course of study related to nursing is with the written approval of the employer absent without pay for up to but not exceeding 52 weeks, such absence shall not be deemed to have broken continuity of service but shall not be counted in aggregating service for the purpose of establishing entitlement to Personal/Carer’s Leave portability.

27.6 Personal/carer’s leave to attend appointment

27.7 Evidence supporting claim

(a) In the event of an employee becoming sick and:

(b) Provided that any employee may be absent through sickness for one day without furnishing evidence of such sickness as provided in 27.7, on not more than three occasions in any one year of service.

27.8 Compassionate leave

(a) An HASA Employee is entitled to two days’ paid leave on each occasion if a member of the employee’s immediate family or household within Australia dies/is seriously ill or, outside Australia, dies.

(b) Medical Scientists and Health Professionals may access four days’ paid leave on each occasion if a member of the employee’s immediate family or household within Australia dies/is serious ill or, outside Australia, dies.

(c) Health Professionals are entitled to two additional days of compassionate leave per occasion in addition to the above entitlement.

(d) Medical Scientists are entitled to two additional days of compassionate leave per annum in addition to the above entitlement.

(e) An employee is entitled to use unpaid leave up to four days on each occasion when a member of the employee’s immediate family or household in Australia dies/is seriously ill or outside Australia, dies. An employee may take additional unpaid bereavement leave by agreement with the employer.

(f) Proof of death must be provided to the satisfaction of the employer, if requested.

28. Community service leave

Community service leave is provided for in the NES. The provisions of this clause apply in addition to the NES.

28.1 Jury service

28.2 An employee must:

(a) notify the employee’s employer as soon as possible of the date on which the employee is required to attend for jury service; and

(b) give the employee’s employer written details of—

28.3 The employer must pay the employee’s full period of absence because of jury duty under the Juries Act 2000 (Vic).

29. Cultural and ceremonial leave

29.1 The employer may approve attendance during working hours by an employee of Aboriginal or Torres Strait Islander descent at any cultural community meetings, except the Annual General Meetings of community organisations at which the election of office bearers will occur.

29.2 The employer may grant an employee of Aboriginal or Torres Strait Islander descent accrued annual or other leave to attend the Annual General Meetings of community organisations at which the election of office bearers will occur.

29.3 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 ten working days’ unpaid leave in any one year, with the approval of the employer.

29.4 Ceremonial leave granted under this clause is in addition to compassionate leave granted under this award.

30. Parental leave

Parental leave is provided for in the NES. This clause contains additional provisions

30.1 Paid parental leave

(a) In the case of the primary care giver, 10 weeks’ paid leave,

(b) In the case of the non-primary care giver, 1 week’s paid leave.

(c) Leave available is summarised in the following table:

Type of leave

Paid leave

Unpaid leave

Total combined paid and unpaid leave

Parental leave

10 weeks

42 weeks if primary care giver

52 weeks

Partner leave

1 week

51 weeks if primary care giver

52 weeks

Adoption leave – primary care giver

10 weeks

42 weeks

52 weeks

Adoption leave – secondary care giver

1 week

2 weeks

3 weeks

30.2 Pre-natal appointments

30.3 Paid special maternity leave and other leave

(a) Where the pregnancy terminates during the first 20 weeks, the employee is entitled to access any paid and/or unpaid personal leave entitlements in accordance with the relevant personal leave provisions.

(b) Where the pregnancy terminates at or after the completion of 20 weeks gestation or the employee gives birth but the baby subsequently dies, the employee is entitled to paid special maternity leave not exceeding the amount of paid maternity leave available under clause 30.1 and, thereafter, to unpaid special maternity leave. Paid partner/paternity leave will also apply in these circumstances.

(c) If an employee takes leave for a reason outlined in clauses 30.3(a) or (b), the employer may require the employee to provide evidence that would satisfy a reasonable person or a certificate from a registered medical practitioner. The employee will give notice to the employer as soon as practicable, advising the employer of the period or the expected period of the leave under this provision.

30.4 Transfer to a safe job

(a) Where an employee is pregnant and provides evidence that would satisfy a reasonable person that she is fit for work but it is inadvisable for her to continue in her present position during a stated period because of illness or risks arising out of the pregnancy or hazards connected with the work assigned to the employee, the employee will, if the employer deems it practicable, be transferred to a safe job with no other change to the employee’s terms and conditions of employment until the commencement of parental leave. The employer may require the evidence referred to above to be a medical certificate.

(b) If the employer does not think it to be reasonably practicable to transfer the employee to a safe job, the employee may take paid no safe job leave, or the employer may require the employee to take paid no safe job leave immediately for a period which ends at the earliest of either:

(c) The entitlement to no safe job leave is in addition to any other leave entitlement the employee has.

Schedule A—Health and Allied Support Employees
A.1 LEVEL 1
A.1.1 An employee at this level:

A.1.2 Indicative tasks performed at this level are:

A.2 LEVEL 2
A.2.1 An employee at this level:

A.2.2 Indicative tasks performed at this level are:

A.3 LEVEL 3
A.3.1 An employee at this level:

A.3.2 Indicative tasks performed at this level are:

A.4 LEVEL 4
A.4.1 An employee at this level:

A.4.2 Indicative tasks performed at this level are:

A.5 LEVEL 5
A.5.1 An employee at this level:

A.5.2 Indicative tasks performed at this level are:

A.6 LEVEL 6
A.6.1 An employee at this level:

A.6.2 Indicative tasks performed at this level are:

A.7 LEVEL 7
A.7.1 An employee at this level:

A.7.2 Indicative tasks performed at this level are:

A.8 LEVEL 8
A.8.1 An employee at this level:

A.8.2 Indicative tasks performed at this level are:

A.9 LEVEL 9
A.9.1 An employee at this level:

A.9.2 Indicative tasks performed at this level are:

A.10 LEVEL 10
A.10.1 An employee at this level:

A.10.2 Indicative tasks performed at this level are:

A.11 LEVEL 11
A.11.1 An employee at this level:

A.11.2 Indicative tasks performed at this level are:

A.12 CLASSIFICATION DEFINITIONS
A.12.1 Technical, clinical and personal care

A.12.2 Clerical/administrative stream definitions

A.12.3 General services stream definitions

A.12.4 Food services stream definitions

A.12.5 Dental Nurse definitions

Schedule B—Health Professionals
B.1 Classification definitions—UG1 definitions (alphabetical order)
B.1.1 Cardiac technology

B.1.2 Exercise Physiologist

B.1.3 Health Information Management

B.1.4 Health Information Manager Chief Positions

B.1.5 Library

B.1.6 Medical Imaging Technology

B.1.7 Music Therapy

B.1.8 Nuclear Medicine Technology

B.1.9 Occupational Therapy

B.1.10 Orthoptics

B.1.11 Orthotics/Prosthetics

B.1.12 Photography or Illustration

B.1.13 Physiotherapy

B.1.14 Podiatry

B.1.15 Radiation Therapy Technology

B.1.16 Recreation Therapy

B.1.17 Social Work

B.1.18 Sonographer

B.1.19 Speech Pathology

B.1.20 Play Therapist

B.1.21 General Definitions

B.2 Classification definitions—UG3 definitions
B.2.1 Medical Laboratory Technology

B.2.2 Renal Dialysis Technology

B.3 Classification definitions—Other definitions
B.3.1 Child Psychotherapy

B.3.2 Welfare Work

B.3.3 Community Development Work

B.3.4 Youth Worker

B.3.5 Technical Officer (*) – Austin Health, Royal Children’s Hospital & the Women’s Only

B.3.6 Biomedical Technology

B.3.7 Client Adviser/Rehabilitation Consultant


B.3.8 Dental Technician

Schedule C—Medical Scientists, Pharmacists and Psychologists
C.1 AUDIOLOGISTS

This clause should be read in conjunction with clause 12.4.

C.1.1 Audiologist Grade I

C.1.2 Audiologist Grade II

C.1.3 Audiologist Grade III

C.1.4 Senior Clinician (Grade III)

C.1.5 Audiologist Grade IV

C.1.6 Deputy Director of Allied Health—Audiologist

C.1.7 Director of Allied Health—Audiologist

C.1.8 Audiologists—Higher Qualifications Allowance

C.2
CLINICAL PERFUSIONISTS

This clause should be read in conjunction with clause 12.4.

C.2.1 Clinical Perfusionist Grade I (Perfusionist-in-Training)

C.2.2 Certified Clinical Perfusionist Grade 2

C.2.3 Clinical Perfusionist Grade 3

C.2.4 Clinical Perfusionist Grade 4

C.2.5 Clinical Perfusionists—Higher Qualifications Allowance

C.3
DIETITIANS

This clause should be read in conjunction with clause 12.4(d).

C.3.1 Dietitian Grade I

C.3.2 Dietitian Grade 2

C.3.3 Dietitian Grade 3

C.3.4 Dietitian Grade 4

C.3.5 Manager Dietetics and Nutrition Services

C.3.6 Deputy Director of Allied Health

C.3.7 Director of Allied Health

C.3.8 Dietitians – Higher Qualifications Allowance

C.3.9 Grouping of Departments of Dietetics and Nutrition

C.4
GENETIC COUNSELLORS

This clause should be read in conjunction with clause 12.4(e).

C.4.1 Classification of Employees – Preamble

C.4.2 Grade 1 Associate Genetic Counsellor And Genetic Counsellor Certified In a Specialty Area

C.4.3 Grade 2 Associate Genetic Counsellor and Certified Genetic Counsellor

C.4.4 Grade 3 Certified Genetic Counsellor

C.4.5 Grade 4 Certified Genetic Counsellor

C.4.6 Grade 5 Senior Genetic Counsellor

C.4.7 Higher Qualifications Allowance

C.5
MEDICAL PHYSICISTS

This clause should be read in conjunction with clause 12.

This classification structure only applies to Medical Physicists employed by Austin Health, Barwon Health, Alfred Health, and Peter MacCallum Cancer Centre. Other health services may opt to use the classification structure or continue to use the medical scientist classification structure for their Medical Physicists.

C.5.1 Grade 1—Medical Physicist Trainee

C.5.2 Grade 2—Medical Physicist

C.5.3 Grade 3—Medical Physicist

C.5.4 Grade 4—Medical Physicist

C.5.5 Grade 5—Medical Physicist

C.5.6 Principal Medical Physicist

C.5.7 Medical Physics Chief Manager (Barwon Health)

C.5.8 Medical Physics Manager Level 1

C.5.9 Medical Physics Assistant Manager

C.5.10 Medical Physics Manager Level 2

C.5.11 Higher Qualifications Allowance

C.6
MEDICAL SCIENTISTS

This clause should be read in conjunction with clause 12.4(e)

C.6.1 Trainee Scientists (Persons who are engaged in studies leading to the attainment of being eligible for Graduate Membership of the Australian Institute of Medical Scientists)

C.6.2 Scientist—Grade I

C.6.3 Scientist—Grade 2

C.6.4 Scientist—Grade 3

C.6.5 Split Duties

C.6.6 Scientist—Grade 4

C.6.7 Scientist Grade 5

C.6.8 Principal Scientist

C.6.9 Scientist Deputy Director/ Operations Manager/Business Manager (However titled)

C.6.10 Director (Scientist)

C.6.11 Medical Scientists Classification Criteria Definitions, Specific Weighting Factors Formula

C.6.12 Medical Scientists Working Party

C.6.13 Medical Scientists Classification Review Committee

C.6.14 Medical Scientists – Higher Qualifications Allowance

C.7
PHARMACISTS

This clause should be read in conjunction with clause 12.4(f).

C.7.1 Student Pharmacist

C.7.2 Pharmacist Intern

C.7.3 Pharmacist Grade 1

C.7.4 Pharmacist Grade 2

C.7.5 Pharmacist Grade 3

C.7.6 Pharmacist in Charge

C.7.7 Pharmacist Grade 4

C.7.8 Deputy Director GP 1/Operations Manager (However titled)

C.7.9 Director

C.7.10 Pharmacists – Higher Qualifications Allowance

C.7.11 Grouping of Pharmacy Departments


PHARMACY DEPARTMENT GROUPINGS

 

GROUP 1

Southern Health (including Monash Medical Centre Clayton Campus and Moorabbin Campus, Dandenong Hospital, Kingston Centre, Casey Hospital, Cranbourne Integrated Care Centre)

Alfred Health (including Alfred Hospital, Caulfield General Medical Centre & Sandringham Hospital)

Austin Health (including Austin Hospital, Heidelberg Repatriation Hospital and Royal Talbot Rehabilitation Centre)

Melbourne Health (including The Royal Melbourne Hospital City Campus & Royal Park Campus)

 

GROUP 2

Eastern Health (including Box Hill Hospital, Angliss Health Service, Maroondah Hospital, Knox Hospital, Healesville & District Hospital and Peter James Centre)

St. Vincent’s Hospital (including St. George’s Hospital and Caritas Christi Hospice)

Western Health (including Western Hospital, Sunshine Hospital & Williamstown Hospital)

Barwon Health (including Geelong Hospital and McKellar Centre)

Peninsula Health (including Frankston Hospital, Mt. Eliza Aged Care & Rehabilitation Service and Rosebud Hospital)

The Royal Children’s Hospital

Peter MacCallum Cancer Institute

Northern Health (including The Northern Hospital, Broadmeadows Health Service & Bundoora Extended Care)

 

GROUP 3

LaTrobe Regional Hospital

The Royal Women’s Hospital

Royal Victorian Eye and Ear Hospital

Bendigo Health Service (including Bendigo Base Hospital & Anne Caudle Centre)

Mercy Public Hospitals Inc. (Mercy Hospital for Women & Mercy Hospital Werribee)
Ballarat Health Service (including Ballarat Base Hospital & The Queen Elizabeth Geriatric Centre)

GROUP 4

 

Goulburn Valley Base Hospital

Central Gippsland Health Service

North East Health Wangaratta

South West Health Care (including Warrnambool Base Hospital and Camperdown Hospital)
Wimmera Health Care Group (including Wimmera Base Hospital)
Mildura Base Hospital
East Gippsland Health Services
Albury Wodonga Health – Wodonga Campus

Echuca Regional Health

GROUP 5

Western District Health Service (including Hamilton Base Hospital, Penshurst & District Health Service and Coleraine District Health Services)

Calvary Healthcare - Bethlehem

Castlemaine Health (Mt. Alexander Hospital)

Colac Area Health (including Colac District Hospital and Birregurra & District Community Hospital)

Swan Hill District Health

SOLE PHARMACIST OR PHARMACIST-IN-CHARGE

Portland District Health
Djerriwarrh Health Services

Bass Coast Regional Health (including Wonthaggi and District Hospital)

East Grampians Health Service (including Ararat and District Hospital and Willaura Hospital)

Stawell Regional Health

West Wimmera Health Service (including Nhill Hospital)

Kyneton District Health Service

Benalla and District Memorial Hospital

Maryborough District Health Service

Alexandra District Hospital

Beechworth Health Service

Lyndoch Warrnambool Inc

Yarrawonga District Health Service (including Yarrawonga Hospital)

GROUPING CRITERIA

Group 1:

Over 60 EFT*; and

State Referral Centre; and

Multiple sites; and

Specialty and high level critical care units (SHPA Category 5 and 6)

 

Group 2:

Over 20 EFT*; and

Specialty and high level critical care units (SHPA Category 5 and 6); and

At least three general hospital sites; or

State Referral Centre; or

A specialist hospital

 

Group 3:

Over 7.5 EFT*; and

State Referral Centre; or

A specialist hospital; or

Regional base hospital; or

Containing medical and surgical units (SHPA Category 3 and 4 as defined)

 

Group 4:

Over 2.5 EFT*; and

Has a Director of Pharmacy

 

Group 5:
1 -2.5 EFT*
Has a Director of Pharmacy

Pharmacist in Charge
Sole pharmacist or pharmacist-in-charge; or

Less than 1 EFT

 
 

*Only count EFT of pharmacists, pharmacist interns and pharmacy students.

C.7.12 Applications for Regrouping Of Pharmacy Departments

C.8
PSYCHOLOGISTS

This clause should be read in conjunction with clause 12.4(g).

C.8.1 Provisional Psychologist (Grade I)

C.8.2 Psychologist Grade 2

C.8.3 Psychologist Grade 3

C.8.4 Psychologist Grade 4

C.8.5 Psychologist Grade 5

C.8.6 Psychologists – Higher Qualifications Allowance

Schedule D—Supported Wage System
D.1 This schedule defines the conditions which will apply to employees who because of the effects of a disability are eligible for a supported wage under the terms of this award.
D.2 In this schedule:

D.3 Eligibility criteria
D.3.1 Employees covered by this schedule will be those who are unable to perform the range of duties to the competence level required within the class of work for which the employee is engaged under this award, because of the effects of a disability on their productive capacity and who meet the impairment criteria for receipt of a disability support pension.
D.3.2 This schedule does not apply to any existing employee who has a claim against the employer which is subject to the provisions of workers compensation legislation or any provision of this award relating to the rehabilitation of employees who are injured in the course of their employment.
D.4 Supported wage rates
D.4.1 Employees to whom this schedule applies will be paid the applicable percentage of the relevant minimum wage according to the following schedule:

D.4.2 Provided that the minimum amount payable must be not less than $89 per week.
D.4.3 Where an employee’s assessed capacity is 10%, they must receive a high degree of assistance and support.
D.5 Assessment of capacity
D.5.1 For the purpose of establishing the percentage of the relevant minimum wage, the productive capacity of the employee will be assessed in accordance with the Supported Wage System by an approved assessor, having consulted the employer and employee and, if the employee so desires, a union which the employee is eligible to join.
D.5.2 All assessments made under this schedule must be documented in an SWS wage assessment agreement, and retained by the employer as a time and wages record in accordance with the Act.
D.6 Lodgement of SWS wage assessment agreement
D.6.1 All SWS wage assessment agreements under the conditions of this schedule, including the appropriate percentage of the relevant minimum wage to be paid to the employee, must be lodged by the employer with the Fair Work Commission.
D.6.2 All SWS wage assessment agreements must be agreed and signed by the employee and employer parties to the assessment. Where a union which has an interest in the award is not a party to the assessment, the assessment will be referred by the Fair Work Commission to the union by certified mail and the agreement will take effect unless an objection is notified to the Fair Work Commission within 10 working days.
D.7 Review of assessment

The assessment of the applicable percentage should be subject to annual or more frequent review on the basis of a reasonable request for such a review. The process of review must be in accordance with the procedures for assessing capacity under the supported wage system.

D.8 Other terms and conditions of employment

Where an assessment has been made, the applicable percentage will apply to the relevant minimum wage only. Employees covered by the provisions of this schedule will be entitled to the same terms and conditions of employment as other workers covered by this award on a pro rata basis.

D.9 Workplace adjustment

An employer wishing to employ a person under the provisions of this schedule must take reasonable steps to make changes in the workplace to enhance the employee’s capacity to do the job. Changes may involve re-design of job duties, working time arrangements and work organisation in consultation with other workers in the area.

D.10 Trial period
D.10.1 In order for an adequate assessment of the employee’s capacity to be made, an employer may employ a person under the provisions of this schedule for a trial period not exceeding 12 weeks, except that in some cases additional work adjustment time (not exceeding four weeks) may be needed.
D.10.2 During that trial period the assessment of capacity will be undertaken and the percentage of the relevant minimum wage for a continuing employment relationship will be determined.
D.10.3 The minimum amount payable to the employee during the trial period must be no less than $89 per week.
D.10.4 Work trials should include induction or training as appropriate to the job being trialled.
D.10.5 Where the employer and employee wish to establish a continuing employment relationship following the completion of the trial period, a further contract of employment will be entered into based on the outcome of assessment under clause D.5.
Schedule E—National Training Wage
E.1 Title

This is the National Training Wage Schedule.

E.2 Definitions

In this schedule:

(d) include any period of schooling beyond Year 10 which was not part of or did not contribute to a completed year of schooling;

(e) include any period during which a trainee repeats in whole or part a year of schooling beyond Year 10; and

(f) not include any period during a calendar year in which a year of schooling is completed

E.3 Coverage
E.3.1 Subject to clauses E.3.2 to E.3.6 of this schedule, this schedule applies in respect of an employee covered by this award who is undertaking a traineeship whose training package and AQF certificate level is allocated to a wage level by Appendix E1 to this schedule or by clause E.5.4 of this schedule.
E.3.2 This schedule only applies to AQF Certificate Level IV traineeships for which a relevant AQF Certificate Level III traineeship is listed in Appendix E1 to this schedule.
E.3.3 This schedule does not apply to the apprenticeship system or to any training program which applies to the same occupation and achieves essentially the same training outcome as an existing apprenticeship in an award as at 25 June 1997.
E.3.4 This schedule does not apply to qualifications not identified in training packages or to qualifications in training packages which are not identified as appropriate for a traineeship.
E.3.5 Where the terms and conditions of this schedule conflict with other terms and conditions of this award dealing with traineeships, the other terms and conditions of this award prevail.
E.3.6 At the conclusion of the traineeship, this schedule ceases to apply to the employee.
E.4 Types of Traineeship

The following types of traineeship are available under this schedule:

E.4.1 a full-time traineeship based on 38 ordinary hours per week, with 20% of ordinary hours being approved training; and
E.4.2 a part-time traineeship based on less than 38 ordinary hours per week, with 20% of ordinary hours being approved training solely on-the-job or partly on-the-job and partly off-the-job, or where training is fully off-the-job.
E.5 Minimum Wages
E.5.1 Minimum wages for full-time traineeships

E.5.2 Minimum wages for part-time traineeships

E.5.3 Other minimum wage provisions

E.5.4 Default wage rate

E.6 Employment conditions
E.6.1 A trainee undertaking a school-based traineeship may, with the agreement of the trainee, be paid an additional loading of 25% on all ordinary hours worked instead of paid annual leave, paid personal/carer’s leave and paid absence on public holidays, provided that where the trainee works on a public holiday then the public holiday provisions of this award apply.
E.6.2 A trainee is entitled to be released from work without loss of continuity of employment and to payment of the appropriate wages to attend any training and assessment specified in, or associated with, the training contract.
E.6.3 Time spent by a trainee, other than a trainee undertaking a school-based traineeship, in attending any training and assessment specified in, or associated with, the training contract is to be regarded as time worked for the employer for the purposes of calculating the trainee’s wages and determining the trainee’s employment conditions.

E.6.4 Subject to clause E.3.5 of this schedule, all other terms and conditions of this award apply to a trainee unless specifically varied by this schedule.

Appendix E1: Allocation of Traineeships to Wage Levels

The wage levels applying to training packages and their AQF certificate levels are:

E1.1 Wage Level A

E1.2 Wage Level B

E1.3 Wage Level C