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This Agreement Covers
All Salaried Doctors eligible for membership of the Australian Medical Association
Employed by The Australian Red Cross Blood Service, Western Australia
Australian Medical Association 14 Stirling Highway Nedlands, PERTH WA 6000 Telephone: 3273 3000 Facsimile: 9273 3007 www.amawa.com.au
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Australian Red Cross Blood Service Medical Officers Enterprise Agreement
Western Australia 2010
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INDEX
PART 1 – ADMINISTRATIVE ARRANGEMENTS 5
1 TITLE 5
2 DEFINITIONS 5
3 PARTIES BOUND 5
4 SCOPE 5
5 PERIOD OF OPERATION 6
6 REPLACEMENT AGREEMENT 6
7 PURPOSE OF AGREEMENT 6
8 NO EXTRA CLAIMS 7
9 FLEXIBILITY IN OPERATION OF CLAUSES 7
PART 2 – TYPES OF EMPLOYMENT 8
10 EMPLOYMENT CATEGORIES 8
PART 3 – HOURS OF WORK 10
11 HOURS OF WORK 10
12 FLEXIBLE WORK/LEAVE ARRANGEMENTS 10
13 SHIFT LOADINGS 11
14 ON-CALL 12
15 OVERTIME 13
PART 4 – LEAVE 15
16 PERSONAL LEAVE 15
17 LEAVE WITHOUT PAY 17
18 PUBLIC HOLIDAYS 17
19 PARENTAL LEAVE 18
20 ANNUAL LEAVE 18
21 PROFESSIONAL DEVELOPMENT/CONFERENCE LEAVE 19
22 LONG SERVICE LEAVE 19
23 DONOR LEAVE 20
PART 5 – ALLOWANCES 21
24 HIGHER DUTIES ALLOWANCE 21
25 MANAGER OF MEDICAL SERVICES TEAM ALLOWANCE 21
26 WORK RELATED TRAVEL 21
PART 6 – MISCELLANEOUS 23
27 CONTRACT OF SERVICE 23
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PART 7 – SALARIES & RELATED INFORMATION 24
28 SALARIES 24
29 PAYMENT OF WAGES 24
30 SALARY PACKAGING 25
31 SUPERANNUATION 25
32 CLAIMS FOR PAYMENT OF ENTITLEMENTS 25
PART 8 – CONSULTATION & DISPUTE RESOLUTION 26
33 CONSULTATION 26
34 REDUNDANCY 27
35 DISPUTE SETTLEMENT PROCEDURE 28
SIGNATORIES TO THE AGREEMENT 31
APPENDIX 1: SALARIES & CLASSIFICATION DEFINITIONS 32
APPENDIX 2: ALLOWANCES 35
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PART 1 – ADMINISTRATIVE ARRANGEMENTS
1 TITLE
1.1 This Agreement will be known as the Australian Red Cross Blood Service Medical Officers Enterprise Agreement Western Australia 2010.
2 DEFINITIONS
2.1 “Blood Service” shall mean Australian Red Cross Blood Service (Western Australia).
2.2 “Association” shall mean the Australian Salaried Medical Officers Federation (Western Australia) or Australian Medical Association Western Australia Incorporated.
2.3 “Agreement” shall mean the Australian Red Cross Blood Service Medical Officers Enterprise Agreement Western Australia 2010.
2.4 “Medical Officer” means a person employed by the Blood Service under the medical officer career structure contained in this agreement and appropriately registered as a Medical Practitioner.
2.5 “NES” shall mean the National Employment Standards.
2.6 “the Act” shall mean the Fair Work Act 2009 (Cth).
2.7 “FWA” shall mean Fair Work Australia.
3 PARTIES BOUND
3.1 This is an Agreement between the Australian Red Cross Blood Service Western Australia, the Australian Salaried Medical Officers Federation (Western Australia) and Medical Officers employed under classifications contained in this agreement.
4 SCOPE
4.1 This agreement shall apply to Medical Officers employed by the Blood Service in Western Australia in accordance with the classification and rates of pay provided in the Appendix 1 – Salaries.
4.2 Employees may, by mutual agreement, have their terms and conditions of employment provided in accordance with an individual contract of employment as determined by the Blood Service, as may be varied from time to time. These contracts of employment remain separate from this Agreement and are in no way incorporated into this Agreement. The positions to which contracts of employment may apply to (as determined by the Blood Service) are as follows:
Members of the Executive Leadership Team
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Senior Leadership Team
Positions which report through to a Executive Director
Other senior positions as defined/determined by the Blood Service within the organisation.
4.3 Senior positions referred to above would mean those who have significant decision making responsibilities and are being paid above the amounts set down in the Agreement.
5 PERIOD OF OPERATION
5.1 This Agreement will operate until 30 June 2013. The parties undertake to commence negotiations for a new Agreement at least three (3) months prior to the expiration of this Agreement.
5.2 This Agreement will continue to operate until it is terminated by mutual agreement of the parties or replaced by a new Agreement.
6 REPLACEMENT AGREEMENT
6.1 This Agreement will regulate all conditions of employment and operates to the exclusion of, replaces and supercedes the:
(i) Australian Red Cross Blood Service, Western Australia, AMA Medical Officers Employee Collective Agreement 2008.
7 PURPOSE OF AGREEMENT
7.1 The purpose of this Agreement is to enable the parties to develop and implement on a cooperative basis, working arrangements that increase flexibility in the organisation and further improve productivity and efficiency at the enterprise through enhanced access to services and facilities by donors and for the benefit of patients. The benefits from these improvements will be shared by employees and the Blood Service, ensuring an attractive and competitive work environment.
7.2 The parties are at all times committed to the achievement of the vision
and mission of the organisation in accordance with the Blood Service values.
7.3 The parties to this Agreement are committed to ensuring that the organisation and employees are best placed to meet present and future operational demands in a safe, healthy and equitable work environment in which employees are treated fairly, consistently and with respect, and are encouraged and supported in achieving their full potential.
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8 NO EXTRA CLAIMS
8.1 No extra claims for additional increases in salaries or to terms and conditions of employment will be made during the life of this Agreement.
9 FLEXIBILITY IN OPERATION OF CLAUSES
9.1 Nothing in this Agreement shall preclude the Blood Service from entering into arrangements with employees which depart from the provisions provided for in this Agreement to enable the workplace to operate more efficiently according to its particular needs.
9.2 The activation of this clause may be used in a variety of circumstances, including, but not limited to, the following examples; tailoring arrangements to accommodate unusual or exceptional circumstances, progressing initiatives which may be of a short term temporary nature, or to accommodate a situation of an ongoing nature for which the uniform terms and conditions provided for in this Agreement may not be appropriate as determined by the Blood Service.
9.3 Negotiations regarding these arrangements will be in accordance with the Act, and it is the intention of the Blood Service for employees not to be disadvantaged overall, as a result of implementing initiatives in this clause. Furthermore, that such arrangements are mutually agreed between the employee and the Blood Service.
9.4 Employees have the option to seek advice from a nominated representative, when presented with a proposal to enter into an arrangement with the Blood Service.
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PART 2 – TYPES OF EMPLOYMENT
10 EMPLOYMENT CATEGORIES
10.1 Employees may be employed in any of the following manners:
(i) Permanent (Full time or Part time);
(ii) Fixed Term (Full time or Part time);
(iii) Casual.
10.2 All new employees will be employed on a probationary period. This will normally be for a period of three (3) months; however this may be extended up to six (6) months in accordance with particular individual circumstances. The total probationary period cannot be for a period longer than six (6) months.
Full-Time Employees
10.3 A full time employee is defined as someone who is engaged as such and required to work ordinary hours as prescribed in subclause 11.2.
Part-Time Employees
10.4 A part time employee is defined as someone who is engaged as such and works less than the full time ordinary hours prescribed in subclause 11.2.
10.6 Hours for part time employees may vary from week to week in accordance with operational requirements. Notwithstanding this, an employee will be appointed to a minimum number of hours per week.
10.7 A part time employee shall accrue leave on a pro rata basis in accordance with actual hours worked.
Casual Employees
10.8 A casual employee means an employee who is employed on an intermittent and /or irregular basis.
10.9 Where an employee is employed under the provisions of this clause, the employee shall be paid at a rate pro-rata to the rate prescribed for the class of work on which the employee is engaged in proportion to which the weekly hours bear to thirty eight (38).
10.10 In lieu of annual and personal leave entitlements prescribed in this agreement, a casual employee shall be paid a loading of twenty five (25) per cent.
Fixed Term Employees
10.11 The Blood Service may engage employees on fixed term contracts of employment for purposes which may include, but shall not be limited to, special projects, relief for Parental Leave and other forms of leave or limited funded projects.
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10.12 The intention of the Blood Service in engaging employees on a fixed term contract basis is to fill short term gaps where on-going employment would not be suitable.
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PART 3 – HOURS OF WORK
11 HOURS OF WORK
11.1 All loadings, penalties and allowances provided for in the Agreement shall be applied once, where an employee is entitled to two different types of loadings, penalties and allowances the intention is for there to be no 'double dipping'.
11.2 The ordinary hours of work for a full time employee shall be based on an average of thirty eight (38) hours per week of either:
76 hours within a period of fourteen (14) consecutive days (fortnight); or
152 hours within a period not exceeding twenty eight (28) consecutive days (four (4) weeks).
11.3 It is the intention that employees will be rostered so as to provide for two (2) consecutive days off per week, unless otherwise mutually agreed.
11.4 Work performed in excess of ordinary hours provided for in subclause 11.2 will be paid at overtime rates in accordance with clause 15 Overtime.
11.5 The Blood Service will endeavour to provide as much notice as possible where changes to rosters are required, in accordance with operational requirements.
Span of Hours
11.6 The ordinary span of hours during which employees may be required to work are between 8.00am and 6.00pm Monday to Friday. The span of ordinary hours may be extended by mutual agreement with the employee(s), in these instances this shall become the ordinary hours of work for the employee(s).
11.7 Work performed outside the ordinary span of hours shall be paid at in accordance with clause 13 Shift Loadings, as prescribed.
12 FLEXIBLE WORK/LEAVE ARRANGEMENTS
12.1 The Blood Service is committed to flexible working arrangements that meet the needs of its staff and the business. Employees and their managers may negotiate working hours to accommodate the business and employee‟s needs. This may include compressed working weeks, purchased leave, staggered hours or other arrangements.
12.2 Deferred Salary Scheme for Twelve (12) Months Leave
(a) By written agreement between the employer and the employee an employee may enter into a deferred salary scheme over a five (5) year period in which the employee may be paid 80% of their ordinary salary over a four (4) year period with the unpaid component accrued over the four (4) years and paid out in equal installments during the fifth year;
(b) For the purpose of this clause, ordinary salary will include commuted
allowances where applicable;
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(c) The fifth year will be treated as continuous service but will not count as
service for the purpose of accruing leave entitlements;
(d) Access to the leave when it falls due will not be unreasonably refused by the employer but in any case the leave may only be deferred by agreement between the employer and employee;
(e) When deciding whether to support a particular request for this arrangement,
the employer will take into account factors such as operational requirements. In order to satisfy operational requirements, the number of employees allowed to work under the arrangement may be restricted at any one time and or the timing of the arrangement may need to be staggered;
(f) By agreement, the four year accrual period may be suspended. The
employee will revert back to 100% of salary or access leave without pay, provided that such non participatory periods will not exceed six (6) months except where longer periods of unpaid leave are otherwise prescribed by this Agreement (e.g. parental leave). The commencement of the leave year will be delayed by the length of the non participatory period;
(g) Where an employee withdraws from this arrangement in writing, or the
employee's contract of employment terminates for any reason, the employee will receive a lump sum equal to the accrual credit. The payment of the lump sum may be deferred for a period of up to three (3) months upon the employee's request, provided that where the contract has terminated the payment will be made in the employee‟s final pay;
(h) Any paid leave taken during the first four years of this arrangement will be
paid at 80% of the employee's ordinary salary.
12.3 It is the responsibility of the employee to investigate the impact of any of the arrangements under this clause on the employees allowances, superannuation and taxation, and the options, if any, available for addressing these.
13 SHIFT LOADINGS
13.1 Where a shift roster is established the following payments will apply:
(i) Ordinary hours worked between 6.00pm and midnight Monday to Friday, shall be paid at the rate of 120%;
(ii) Ordinary hours worked between midnight and 8.00am Monday to Friday shall be paid at the rate of 125%;
(iii) Ordinary hours worked on a Saturday shall be paid at the rate of 150%;
(iv) Ordinary hours worked on a Sunday shall be paid at the rate of 175%;
(v) Ordinary hours worked between midnight at the commencement of a public holiday and 8.00am on the day after a public holiday shall be paid at the rate of 250%.
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14 ON-CALL
14.1 For the purposes of this Agreement, an employee is on call when the employee is rostered by the employer to remain readily contactable and/or available to return to work outside of the employee‟s normal hours of duty.
14.2 No employee shall be required to be on call more than one (1) day in three (3), on average.
14.3 A Medical Officer placed on call shall be paid an allowance as set out in Appendix 2 Allowances of this Agreement. However, the allowance shall not be paid with respect to any period for which payment is made in accordance with subclause 14.4 below, when the Medical Officer is recalled to work. This allowance shall, subject to clause 9 Flexibility in the Operation of Clauses, be adjusted in accordance with general percentage increases applying to the salary rates under this Agreement.
Recall
14.4 The following provisions apply to an employee recalled to work.
14.5 The Medical Officer shall be paid a minimum of three (3) hours as follows:
(i) All hours on any day outside midnight and 6.00am shall be paid at the rate of 150% of the applicable hourly ordinary salary rate;
(ii) All hours worked on Sunday between 6.00am and midnight at the rate of 175% of the applicable hourly ordinary salary rate;
(iii) All hours worked on any day between midnight and 6.00am shall be paid at the rate of 200% of the applicable hourly ordinary salary rate.
14.6 The Medical Officer shall not be obliged to work for three (3) hours if the work for which the Medical Officer was recalled is completed in less time, provided that if the Medical Officer is called out within three (3) hours of starting work on a previous recall the Medical Officer shall not be entitled to any further payment for the time worked within that period of three (3) hours.
14.7 If the recall exceeds three (3) hours, subsequent hours shall be paid at 200%.
14.8 Payment for the recall shall commence from:
(i) In the case of a Medical Officer who is on-call, the time the Medical Officer starts work;
(ii) In the case of a Medical Officer who is not on-call, the time the Medical Officer starts the journey to attend the call. Provided that where a Medical Officer is recalled within three (3) hours of commencing normal duty, any time spent in travelling shall not be included in actual duty performed for the purposes of determining payment under this paragraph.
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14.9 A Medical Officer who uses their motor vehicle when recalled to work shall be reimbursed in accordance with the Blood Service Travel Policy.
14.10 Where the Blood Service determines that there is a need for a Medical Officer to
be on-call or to provide a consultative service and the means of contact is to be by telephone, the Blood Service shall provide the practitioner with a mobile telephone for the duration of the on-call.
Remote On-Call
14.11 All Medical Officers may be required to participate in remote call according to a rotating roster. Remote call may be arranged on a national basis. Appropriate training will be provided before any Medical Officer is required to be „on-call‟.
14.12 Subject to subclause 14.11 above, a Medical Officer required to be on-call will be paid an allowance as set out in Appendix 2 Allowances of this Agreement.
14.13 A Medical Officer is not entitled to be paid an on-call allowance for any hours for which a payment made under subclause 14.4 of this clause is made.
14.14 Where a Medical Officer undertakes work related activities on the telephone as a result of being on call in accordance with subclause 14.12 and where the Practitioner is required to provide advice via the telephone the practitioner shall, subject to subclause 14.15, be renumerated for one hour for each telephone consultation at the following rates:
(i) all hours on any day outside midnight and 6am shall be paid at the
rate of 150% of the applicable hourly ordinary salary rate; (ii) all hours on Sunday between 6.00am and midnight at the rate of
175%. of the applicable hourly ordinary salary rate; (iii) all hours on any day between midnight and 6am shall be paid at the
rate of 200% of the applicable hourly ordinary salary rate.
14.15 Where a Medical Officer is in receipt of a one (1) hour payment in accordance with subclause 14.14 above there will be no further payment for any additional remote work undertaken within that hour.
14.16 A Medical Officer is required to maintain a log of calls and submit this to their Manager for approval of payment.
14.17 The provisions of this clause may be varied by agreement between the Medical Officers and the Blood Service.
15 OVERTIME
15.1 Overtime shall be calculated on the employees base hourly rate of pay and shall not be payable unless the period of time is authorised.
15.2 For all time worked in excess of the employees‟ ordinary hours prescribed in clause 11 Hours of Work, the following rates shall be paid:
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(i) Monday to Saturday, first three (3) hours at 150% and 200% thereafter;
(ii) Sunday 200% for all hours worked;
(iii) Public Holidays at 250% for all hours worked.
Reasonable Overtime
15.3 Subject to subclause 15.5 below, the Blood Service may require any full time or part time employee to work reasonable overtime and such employee shall work overtime in accordance with such requirements.
15.4 For the purpose of determining what reasonable overtime is, consideration will be given to the following factors:
(i) any risk to employee health and safety;
(ii) the employee‟s personal circumstances including any family responsibilities;
(iii) the needs of the workplace or enterprise;
(iv) the notice (if any) given by the Blood Service of the overtime and by the employee of the employees intention to refuse it; and
(v) any other relevant matter.
Part-time Employees
15.5 Overtime shall not be paid to part time employees until such time that they work in excess of the normal full time rostered shift for the particular area or department the employee works.
15.6 Where a part time employee works beyond the rostered finish time for their shift on any day, such additional time worked shall be paid at the ordinary time rate of pay, with the exception of where a part time employee works in excess of the rostered shifts(s) for a full time employee, in which case, subclause 15.2 shall apply.
Time off in Lieu
15.7 A time off in lieu arrangement may be agreed between the Blood Service and its employee(s). Any time off in lieu will be granted at the ordinary rate, that is, an hour for each hour worked.
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PART 4 – LEAVE
16 PERSONAL LEAVE
16.1 For the purposes of this clause personal leave includes sick, carer‟s and urgent pressing necessity leave but not compassionate leave. Compassionate leave provisions are found in subclauses 16.19-16.24.
Entitlement
16.2 Full time employees shall be entitled to fifteen (15) days at 7.6 hours per day, personal leave per anniversary year.
16.3 Personal leave shall be credited through a daily accrual in accord with ordinary hours worked.
16.4 Part time employees shall be entitled to personal leave on a pro rata basis.
16.5 Personal leave will accrue from year to year without limit. The leave is fully accumulative.
16.6 Personal Leave will be debited by the hour.
Definitions
16.7 Personal leave shall cover the following types of leave:
16.8 Sick Leave: Where an employee is unable to attend work on the grounds of personal illness or injury.
16.9 Carers Leave: An employee with responsibilities in relation to either members of their immediate family or members of their household who need their care and support when they are ill.
16.10 Urgent Pressing Necessity Leave: A matter that must be attended to by the employee and which cannot reasonably be deferred.
Entitlement to Personal Leave
16.11 All employees who are absent from work on account of matters relating to personal leave, as defined above, will be eligible for personal leave without deduction of pay as provided in this clause.
16.12 To be entitled to personal leave the employee shall as soon as is reasonably practicable advise their manager of the employee's inability to attend for work and the estimated duration of such absence, provided that such advice other than in extraordinary circumstances shall be given prior to or within twenty four (24) hours of the commencement of such absence.
Sick Leave
16.13 A Medical Officer is required to provide a certificate from a registered medical practitioner or health professional, excluding Blood Service employees, for all periods of personal leave taken in relation to sick leave.
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16.14 The Blood Service may dispense with the requirement to produce a certificate where the absence does not exceed two (2) consecutive days or where in the Blood Service‟s opinion, the circumstances are such as not to warrant such requirements.
16.15 Where unique and unforseen circumstances exist and it is not practicable for the employee to obtain a certificate from a registered medical practitioner or health professional, the employee may provide the Blood Service with a statutory declaration.
16.16 Where a Medical Officer is on annual leave and is sick for two (2) or more
consecutive days, upon receipt of a medical certificate or, where it is not practicable to provide a medical certificate, a statutory declaration, the annual leave will be re-credited provided that sufficient personal leave entitlements exist. Provided that the period of leave does not occur prior to retirement, resignation or termination of service and provided further that in the circumstances the Blood Service is satisfied on the circumstances and the nature of the incapacity.
Carer’s Leave
16.17 Up to ten (10) days carer‟s leave may be accessed by employees each anniversary year. The employee shall, if required, produce evidence that the illness is such as to require care by another.
16.18 If the ten (10) personal leave days allocated for carer‟s leave has been exhausted, upon provision of reasonable evidence, remaining accrued personal leave may be accessed on a case by basis or a further two (2) days unpaid leave may be taken per occasion.
Compassionate Leave
16.19 Compassionate leave may be used in the circumstances where the death of a person occurs who is closely related to an employee. The employee is either emotionally distressed or attends the funeral or related arrangements or provides emotional support to another person closely related to the employee.
16.20 An employee shall, upon the death of a spouse or de facto spouse, child or stepchild, parent or parent-in-law, including step-parents, brother, sister, grandparent or any other person who immediately before that person's death lived with the employee as a member of the employee's immediate family be entitled to compassionate leave of up to two (2) days for each occasion required.
16.21 Employees may access annual leave and accrued long service leave for the purpose of compassionate leave in addition to the entitlement under above.
16.22 In addition to paid leave entitlements, unpaid compassionate leave may be accessed by employees in accordance with operational requirements, however, shall not be unreasonably refused.
16.23 Proof of such death shall be provided by the employee to the satisfaction of the employer, if requested.
16.24 Provided that subclause 16.20 shall not have operation while the period of entitlement to leave under it coincides with any other period of leave.
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Management of Absenteeism
16.25 Where there is an identified pattern of absence or a suspected abuse of the entitlements contained within this clause, the Blood Service may initiate discussions with the employee concerned and/or take necessary steps to address the problem, including, but not limited to, requesting medical certificates for all absences from a registered medical practitioner by the employer and developing an individual plan with the employee to address the situation.
16.26 The intention of this clause is to proactively assist employees to manage their health and safety in addition to the operational requirements of the Blood Service.
Limitations to Personal Leave
16.27 There will be no entitlement to any form of Personal leave on account of:
(i) Attending business that could otherwise be done outside the employee‟s ordinary hours duty or;
(ii) The employee is already absent on any other form of paid leave eg Long Service Leave, Parental Leave or is receiving Worker‟s Compensation benefits;
(iii) Any other circumstances which are not specifically stated in, or intended to be, captured by this clause.
17 LEAVE WITHOUT PAY
17.1 Granting of leave without pay is at the discretion of the Blood Service.
17.2 There will be no accruals towards entitlements whilst on leave without pay.
18 PUBLIC HOLIDAYS
18.1 The following days, or days observed in lieu thereof, shall be allowed as holidays without deduction from pay:
New Year‟s Day, Australia Day, Labour Day, Good Friday, Easter Monday, Anzac Day, Foundation Day, Queen‟s Birthday, Christmas Day and Boxing Day.
18.2 Part time employees shall only be entitled to a day off without loss of pay if the public holiday occurs on a day on which they otherwise would have been required to work.
18.3 An employee who is required to work ordinary hours on a public holiday shall be paid at the rate of 250% in accordance with clause 15 Overtime.
18.4 Any loading earned while working a public holiday will be paid to the exclusion of any other loadings or penalty rates mentioned in this Agreement.
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18.5 When a public holiday falls during a period of annual leave or long service leave, and the employee would otherwise be entitled to a paid day off work, the period of leave shall be increased by one day.
18.6 An employee who is required to be on-call in accordance with clause 14 On-call of this Agreement, on a day observed as a public holiday during what would normally have been the employee‟s ordinary hours shall be allowed to be observe that holiday on a day mutually agreeable to the Blood Service and the employee.
19 PARENTAL LEAVE
19.1 Parental Leave shall be in accordance with the Act, as may be varied from time to time.
Paid Parental Leave Entitlement
19.2 Access to paid parental leave, on each occasion, will be granted to employees who have completed at least twelve (12) months paid service with the Blood Service prior to the birth of their child.
19.3 Fourteen (14) weeks paid maternity and adoption leave shall be given to employees who have completed at least twelve (12) months paid service with the Blood Service. This may be taken at half pay over the twenty eight (28) week period in accord with organisational requirements.
19.4 One (1) week paid paternity leave shall be given to a person who has completed at least twelve (12) months paid service with the Blood Service. This may be taken at half pay over a two (2) week period in accord with organisational requirements.
19.5 An eligible casual employee is not entitled to paid parental leave.
19.6 On 1 January 2011, those individuals eligible for the Federal Government paid parental leave scheme will receive the difference between the amount of compensation determined by the government under their paid parental scheme and the amount due under the Blood Service scheme.
19.7 No Blood Service employee will be disadvantaged as a result of the introduction of the Federal Government scheme.
20 ANNUAL LEAVE
20.1 Full time employees shall be entitled to four (4) weeks (152 hours) annual leave for each completed twelve (12) months of continuous service.
20.2 Part time employees shall accrue annual leave on a pro rata basis. Where there
is agreement between the Blood Service and the employee, annual leave for the part time employee may be compacted.
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20.3 An employee regularly required to work on-call will receive up to an additional five (5) days leave during a qualifying period of employment for annual leave in accordance with the following formula:
No. of four (4) week cycles on-call No. of additional days leave
4 1
6 2
8 3
10 4
12 5
20.4 Provided that, the employee is rostered on-call:
(i) during weekend days or public holidays; or
(ii) on days they are not rostered for duty; and
(iii) they are rostered on a minimum of two (2) days per four (4) week cycle.
20.5 Annual leave (e.g. single days or consecutive days), is subject to approval and
shall be taken in accordance with organisational requirements. Notwithstanding, requests for annual leave shall not be unreasonably refused.
20.6 Annual leave entitlements may be cashed out in accordance with the Act, by mutual agreement in writing between the employee and the Blood Service.
21 PROFESSIONAL DEVELOPMENT/CONFERENCE LEAVE
21.1 The Blood Service supports employee‟s being provided with access to learning and development opportunities, which will enhance their ability to work competently in their role and fulfil professional development requirements.
21.2 Full time employees are entitled to ten (10) days paid leave each two (2) years of service.
21.3 A pro rata entitlement shall apply to part time employees.
21.4 Financial support and paid or unpaid leave to attend conferences, professional studies and/or course studies will be provided in accordance with Blood Service policy.
22 LONG SERVICE LEAVE
22.1 Employees shall be entitled to thirteen (13) weeks long service leave after ten (10) years of continuous service and each ten (10) years of continuous service thereafter.
22.2 Employees may access pro rata long service leave after seven (7) years paid continuous service.
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22.3 Pro rata long service leave shall be payable upon resignation/termination after seven (7) years of continuous service.
22.4 All other conditions remain in accordance with the Western Australian Long Service Leave Act 1958.
23 DONOR LEAVE
23.1 All Blood Service employees are permitted to donate blood during paid work time, at a time which is mutually convenient for both the employee and their manager.
23.2 Subject to the production of appropriate evidence, an employee shall be entitled to up to five (5) days paid leave for the purpose of donating an organ or body tissue.
23.3 If this paid leave is not sufficient and upon production of a medical certificate, an employee may access their accrued personal leave or other paid leave to cover their absence.
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PART 5 – ALLOWANCES
24 HIGHER DUTIES ALLOWANCE
24.1 A higher duties allowance shall be payable to an employee who is required to act in a higher position of a higher classification for a period of five (5) or more consecutive days.
24.2 Where an employee is required to act in a position of a higher classification on a regular basis for periods of less than five (5) consecutive days, a claim for higher duties will be considered by the relevant manager.
24.3 Where the employee performs all of the duties of a position which is classified at a higher level, the higher rate shall be paid whilst so engaged.
24.4 Where an employee performs some, but not all of the duties in that higher classification, a rate of pay less than that prescribed in that higher classification can be paid on agreement between the employee and the Blood Service.
24.5 An employee who is aggrieved by a decision of their manager in regard to higher duties may follow clause 35 Dispute Settlement Procedure, as outlined in this Agreement.
25 MANAGER OF MEDICAL SERVICES TEAM ALLOWANCE
25.1 Subject to other arrangements agreed to under clauses 4 and 9 of this Agreement, a Medical Officer appointed as the Manager of a local Medical Services Team in WA, shall be paid an allowance as provided for in Appendix 2, Allowances of this Agreement.
25.2 The allowance will be adjusted in accordance with the general percentage salary adjustments contained in this Agreement.
26 WORK RELATED TRAVEL
26.1 Where an employee is required to travel during the course of their employment, reimbursement shall be in accordance with the Blood Service National Travel Policy, as may be varied from time to time. The Travel Policy is separate for this Agreement and does not form part of this Agreement.
26.2 An employee who is required by the Blood Service to travel intrastate during the course of their employment, shall be paid for the time spent travelling as if it were ordinary time worked.
26.3 Where an employee is required by the Blood Service to travel interstate outside of their normal rostered hours, the employee may request time off in lieu at a mutually agreeable time or payment at ordinary hours for the timer spent actually travelling.
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26.4 Where an employee attends a professional development activity on any days when they would normally be rostered for duty they are eligible to apply for payment, at ordinary time rate, as part of their Professional Development/Conference Leave entitlement in accordance with clause 21 of this Agreement.
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PART 6 – MISCELLANEOUS
27 CONTRACT OF SERVICE
27.1 The contract of service shall be between the employee and the Blood Service on either a full time or part-time basis and may, in the case of a permanent Medical Officer, be terminated by not less than three (3) months notice on either side given in writing on any day or by the payment or forfeiture as the case may be of three (3) months salary. A lesser period of notice may be given by agreement between the employee and the Blood Service.
27.2 The termination provisions for a Fixed Term Medical Officer shall be as specified in their contract of employment. Unless otherwise specified, the Blood Service will confirm the end date of the contract at least four (4) weeks prior to that date.
27.3 Subclause 27.2 above will not apply where the employee‟s position becomes redundant and subject to the provisions of clause 34 of this Agreement.
27.4 If the employee fails to give the appropriate notice, the Blood Service has the right to withhold monies due to the employee to a maximum amount equal to the ordinary time rate of pay for the period of notice.
27.5 The employer must not terminate the employment unless there is a valid reason, or valid reasons, connected with the employee‟s capacity or conduct or based on the operational requirements of the employer.
27.6 Notwithstanding the provisions of subclause 27.1 a Medical Officer shall be appointed subject to a probationary period of six (6) months. During the period of probation either party may terminate the employment contract by giving four (4) weeks notice (or if agreed, payment in lieu of notice) or such lesser period as is agreed between the employee and the Blood Service. A Medical Officer who satisfactorily completes the probationary period shall become a permanent practitioner.
27.8 Notwithstanding the above, the Blood Service may by agreement appoint the employee on a fixed term contract.
27.9 A Medical Officer shall, subject to clinical independence, be appointed to work in accordance with a duty statement and the Blood Service policies/procedures as varied from time to time.
27.10 The employee shall be appointed by the Blood Service to a nominated location or where mutually agreed to more than one location. Some intra or interstate travel may be required.
27.11 Notwithstanding any other term of the Agreement, the Blood Service shall at all times indemnify the practitioner against all actions, suits, claims, demands, compensation, damages (including consequential loss) costs, fees and expenses which may be brought, made or claimed at any time or times by any person or body because of any Act or omission by the Medical Officer arising directly or indirectly out of or in relation to his or her employment.
27.12 The Blood Service may at any time, without notice, dismiss an employee for gross misconduct.
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PART 7 – SALARIES & RELATED INFORMATION
28 SALARIES
28.1 The minimum salaries per annum to be paid to a Medical Officer are set out in Appendix 1. The weekly base rate of a Medical Officer shall be calculated by dividing the annual salary by fifty two (52) and then by thirty eight (38).
28.2 Subject to satisfactory performance, a Medical Officer will move to the next step on the date which they would have been entitled to move to the next increment, if applicable. However, a Medical Officer shall only move to level four (4) by appointment.
29 PAYMENT OF WAGES
29.1 Payment will be made by electronic transfer or other means directly into a nominated bank or like account.
29.2 Salaries shall be paid on a fortnightly basis, providing no unforseen event outside the reasonable control of the Blood Service frustrates the ability to meet the requirement of this clause.
29.3 The Blood Service shall provide each employee with a payslip detailing the amount of wages to which the employee is entitled, the amount of deductions and the net amount being paid into the nominated bank or like account.
29.4 In the event of an overpayment, the Blood Service will prior to making any deduction in accordance with this clause, notify the employee of the details of the error.
29.5 If the Blood Service does not receive an application from the employee within seven (7) days of notifying the employee of the error, the Blood Service may recover the amount of such overpayment by making deductions from the employee‟s fortnightly salary. The Blood Service will normally correct any such overpayment by fortnightly deduction of ten (10) per cent of the employee‟s fortnightly salary, or the total amount (if the total amount is less than ten (10) per cent of the employee‟s fortnightly salary) until the full amount of the overpayment has been reimbursed to the Blood Service.
29.6 If on application to the Blood Service, the employee satisfies the Blood Service that making repayments places undue financial hardship on the employee, the Blood Service may in consultation with the employee, vary the repayment schedule.
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30 SALARY PACKAGING
30.1 Employees shall be entitled to salary package in accordance with Blood Service policy, as amended from time to time.
31 SUPERANNUATION
31.1 The Blood Service shall contribute on behalf of the employee in accordance with the requirements of the Superannuation Guarantee (Administration) Act 1992 of the Commonwealth (“the SGA Act”) as varied from time to time subject to:
(i) The employee being entitled to nominate the complying superannuation fund or scheme, in accordance with the SGA Act, to which contributions may be made.
(ii) The Blood Service contributions shall be paid on a monthly basis in line with the superannuation guarantee arrangements.
(iii) In the event that the employee does not nominate a preferred fund within four (4) weeks of commencing employment Health Employees Superannuation Trust Australia (HESTA) shall become the default fund.
32 CLAIMS FOR PAYMENT OF ENTITLEMENTS
32.1 Employees shall submit claims for payment of overtime, re-call, or other intermittent entitlements in the pay period within which the entitlement arose or in the following period.
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PART 8 – CONSULTATION & DISPUTE RESOLUTION
33 CONSULTATION
33.1 The Blood Service is committed to consultation and communication, and agree that effective communication mechanisms are fundamental to the achievement of improved productivity, efficiency, flexibility and job satisfaction.
Introduction of Change
33.2 Where the Blood Service has made a definite decision to implement major organisational change likely to have a “significant effect” on employees, the Blood Service shall notify the employee(s) who may be affected by the proposed changes and their representative.
33.3 “Significant effect” includes:
the termination of the employment of employees; or
major change to the composition, operation or size of the employer‟s workforce or to the skills required of employees; or
the elimination or diminution of job opportunities (including opportunities for promotion or tenure); or
the alteration of hours of work; or
the need to retrain employees; or
the need to relocate employees to another workplace; or
the restructuring of jobs;
Employer’s Duty to Discuss
33.4 The Blood Service shall discuss with the affected employees and their representative amongst other things:
(i) the introduction of changes likely to have a significant effect on employees;
(ii) the expected effects such changes are likely to have on employees, and;
(iii) the reasons for any proposed change.
33.5 The discussions shall commence as early as practicable after a definite decision has been made by the Blood Service to make the change(s).
33.6 For the purposes of such discussions, the Blood Service shall provide in writing to the employee(s) concerned and their representative, all relevant information about the changes, including the nature of the changes; the expected effects of such changes and the reasons for the proposed changes.
33.7 The Blood Service will give consideration to matters raised by the employees and/or their representatives in relation to the change(s), and take steps to mitigate adverse effects of the change.
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33.8 The consultation process will not obstruct required changes to the operational requirements for the Blood Service from being implemented.
34 REDUNDANCY
34.1 This clause shall not apply to persons engaged on a fixed term or casual basis or where other terms and conditions of employment have been agreed under clause 4 and 9 of this Agreement.
Discussions before termination
34.2 Where the Blood Service has made a definite decision that it no longer wishes the job the employee has been doing to be done by anyone and this is not due to the ordinary and customary turnover of labour and that the decision will lead to termination of employment, the Blood Service shall hold discussions with the employees directly affected.
34.3 The discussions shall take place as soon as is practicable after the Blood Service has made a definite decision. Discussions shall cover among other things, any reasons for the proposed terminations, measures to avoid or minimise the terminations and measures to minimise any adverse affect of any terminations on the employees concerned. The Blood Service is not required to disclose confidential information which may adversely affect the Blood Service.
Notice of Termination of Employment
34.4 In order to terminate the employment of a redundant employee, the Blood Service will provide the employee notice, or payment in lieu of notice, in accordance with the schedule below (NB clause 27 Contract of Service of this Agreement, applies in other circumstances):
Period of Continuous Service Period of Notice
1 Year or less 2 weeks
More than 1 year and up to completion of 3 years 4 weeks
More than 3 years and up to completion of 5 years 6 weeks
More than 5 years completed service 8 weeks
34.5 In addition to the notice prescribed above:
(i) employees over forty five (45) years of age at the time of giving such notice, with not less than two (2) years continuos service, are entitled to an additional week‟s notice.
(ii) employees over fifty five (55) years of age at the time of giving such notice, with not less than five (5) years of continuous service are entitled to an additional four (4) weeks notice.
34.6 Payment in lieu of notice will be made if the appropriate notice period (or part thereof) is not required to be worked.
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34.7 In calculating any payment in lieu of notice, the wages an employee would have received in respect of the ordinary time they would have worked during the period of notice had their employment not been terminated, will be used.
Severance Pay
34.8 In addition to the period of notice prescribed in subclause 34.4 an employee whose employment is terminated for reasons of redundancy shall be entitled to severance pay as follows:
(i) Three (3) weeks ordinary pay for each completed year of service;
(ii) Provided always that the total of the severance pay under this subclause shall not exceed thirty nine (39) weeks.
34.9 In addition, where a voluntary redundancy is accepted within two (2) weeks or another longer period of time as might be determined by the Blood Service, an additional payment will be made in accordance with the following schedule:
Period of Continuous Service Ordinary Pay
Less than 1 year of service 2 weeks
More than 1 year but less than 2 years service 4 weeks
More than 2 years but less than 3 years service 6 weeks
More than 3 years completed service 8 weeks
Alternative Employment
34.10 Severance pay will not apply where suitable alternative employment is provided by the Blood Service.
Time Off During Notice Period
34.11 The employee who is under notice of termination may be released from duty for a period of up to five (5) days for the purpose of attending interviews to obtain alternative employment.
34.12 The Blood Service may require the employee to produce proof of attendance at an interview, failure of the employee to do so, shall result in this entitlement being forfeited.
35 DISPUTE SETTLEMENT PROCEDURE
35.1 The objectives of the procedure are to promote the prompt resolution of grievances in relation to the application of the Agreement and the National Employment Standards by consultation, cooperation and discussion in the workplace.
35.2 The term parties referred to in this clause means the employer and employee(s).
35.3 Whilst this procedure is in place, no stoppage of work, or any form of ban or limitation of work shall be applied.
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35.4 No party shall be prejudiced as to the final settlement by the continuance of work.
35.5 The employee may choose to have a representative involved in the grievance process from Step 2 onwards.
35.6 Health and Safety Matters are exempted from Step 4.
Step 1
35.7 In the first instance, the employee shall inform their immediate supervisor of the existence of the grievance and they shall attempt to solve the grievance.
Step 2
35.8 If the grievance is still unresolved, the employee will submit the matter in writing to their Manager to facilitate further discussion in an attempt to resolve the matter.
Step 3
35.9 If the grievance continues to be unresolved, further discussion shall occur with the Manager and/or Human Resource Representative, employee and/or their representative.
35.10 The following is agreed:
(i) the aggrieved employee and/or their representative has the opportunity to present all aspects of the grievance;
(ii) the grievance shall be investigated in a thorough, fair and impartial manner;
(iii) there is no undue delay in the progression of the matter, with the intent to resolve disputes as quickly as is reasonably possible.
Step 4
35.11 Should the dispute continue to be unresolved following the exhaustion of the above three steps either party may apply to have the dispute conciliated by FWA. Neither party can refer the dispute to conciliation unless and until the above steps have been exhausted and provided that they have been adhered to.
35.12 An application to FWA to assist the parties to resolve a dispute by conciliation under this clause:
(a) can only be made in relation to the application of this Agreement; and
(b) must be signed by the applicant and specify in detail the matters in dispute, the steps taken to date to resolve the dispute and the resolution sought. A copy of the application shall be provided to the other party.
35.13 If the above requirements are not met FWA shall have no power to conciliate the matter in dispute.
35.14 With the agreement of all parties, FWA may undertake further conciliation, in the event that the dispute is not resolved in the first instance before FWA.
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35.15 The form and manner in which FWA may assist in the resolution of the matter by conciliation will be as agreed between the parties. This may include, without limitation, the powers given to FWA by the parties to do such things as are necessary to assist in the resolution of the dispute, and the ability of FWA to conciliate the dispute.
35.16 Following conciliation, if the dispute, or part of it, remains unresolved between the parties, the parties may agree to provide FWA with such further powers, (including arbitration) as are necessary for it to resolve the dispute. Such agreement shall not unreasonably be withheld. Furthermore, either party shall not unreasonably refuse to continue discussions with each other to resolve the matter in dispute.
35.17 Where it is agreed between the parties for FWA to make a binding recommendation to resolve the matter in dispute, the parties commit to providing FWA with the necessary powers to facilitate this.
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SIGNATORIES TO THE AGREEMENT
Dr Joanne Pink Chief Medical Officer For and on Behalf of the Australian Red Cross Blood Service Witness Name: Signature: Position: Mr P Jennings Australian Salaried Medical Officers Federation (WA Branch) For and on Behalf of the Employees covered by the Agreement Witness Name: Signature: Position:
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APPENDIX 1: SALARIES & CLASSIFICATION DEFINITIONS
1. CAREER STRUCTURE FOR MEDICAL OFFICERS (effective from 1 July 2010)
The salaries provided for in this Appendix are the Annual Base Rates of Pay.
CLASSIFICATION Annual Salary
(excl. Super)
FTE
Annual Salary
(excl. Super)
FTE
Annual Salary
(excl. Super)
FTE
Annual Salary
(excl.Super)
FTE
(current) 1/7/2009
(4%) 1/7/2010
(4%) 1/7/2011
(4%) 1/7/2012
Level 1 Medical Officer (supervised for 6 months)
Step 1
$110,954
$115,392
$120,008
$124,808
Step 2
$119,276
$124,047
$129,009
$134,169
Step 3
$125,240
$130,250
$135,460
$140,878
Level 2 Medical Officer (supervised for 3 months)
Step 1
$191,698
$199,366
$207,341
$215,634
Step 2
$198,147
$206,073
$214,316
$222,888
Level 3 Senior Medical Officer
Step 1
$204,918
$213,115
$221,639
$230,505
Step 2
$212,029
$220,510
$229,331
$238,504
Step 3
$219,494
$228,274
$237,405
$246,901
Level 4 Senior Medical Officer
$225,311
$234,323
$243,696
$253,444
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2. CLASSIFICATION DEFINTIONS
CLASSIFICATION APPOINTMENT LEVEL DESCRIPTION PROGRESSION
Level 1 Medical Officer (supervised for 6 months)
Step 1
Step 2
Step 3
Limited post graduate experience
Competent to perform a range of standard duties of DAPS or TMS Medical Officer after 3 months probation
Annual progression steps1 to 3 providing satisfactory performance appraisal and development reports
Level 2 Medical Officer (supervised for 3 months)
Step 1
Step 2
L2 is the usual appointment level for an experienced Medical officer.
Provided that a person may be appointed to a higher level as a result of an advertised position.
Competent to perform all standard duties of DAPS or TMS Medical Officer after 3 months probation
Annual progression providing satisfactory performance appraisal and development reports
Level 3 Senior Medical Officer
Step 1
Step 2
Step 3
Experienced Medical Officer usually with at least 2 years experience as a DAPS or TMS Medical Officer at the Blood Service.
Provided that a person may be appointed to a higher level as a result of an advertised position.
The 2IC may be appointed at this level.
Competent to perform all standard duties of a DAPS or TMS Medical Officer
Annual progression providing satisfactory performance appraisal and development reports
Level 4 Senior Medical Officer (by appointment)
Adds additional value to the Blood Service. For example: leading a significant national project or significant functional responsibility, additional qualifications which are considered to be relevant and add value to the Blood Service. The 2IC may be appointed at this level.
Competent to perform all standard duties of a DAPS or TMS MO and possesses in depth knowledge of the operation of the Blood Service and adds additional value to the Blood Service.
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3. QUALIFICATIONS
(a) MBBS or equivalent qualifications.
Registered as a Medical Practitioner in Western Australia and willing to register in other States as required by ARCBS. ARCBS will fund additional registrations. Medical Officers will be required to comply with the new National Registration System for Medical Professionals.
(b) Eligible to work in Australia.
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APPENDIX 2: ALLOWANCES
1. ON-CALL ALLOWANCE (clause 14)
Hourly Rate
1/07/2009 (current)
Date of effect of Agreement
(4%)
1/07/2011 (4%)
1/07/2012 (4%)
$13.19
$13.72
$14.27
$14.84
2. MANAGER OF MEDICAL SERVICE TEAM ALLOWANCE (clause 25)
No. of staff under direct
supervision and control
Annual Allowance 1/07/2009 (current)
Annual Allowance 1/07/2010
(4%)
Annual Allowance 1/07/2011
(4%)
Annual Allowance 1/07/2012
(4%)
0 - 4 $3,641 $3,787 $3,938 $4,096
5 - 9 $6,472 $6,731 $7,000 $7,280
10 - 20 $11,932 $12,409 $12,906 $13,422
Over 20 $19,214 $19,983 $20,782 $21,613
