1
Fair Work Act 2009
s.185—Enterprise agreement
Victorian Hospitals’ Industrial Association
(AG2022/4441)
MEDICAL SPECIALISTS (VICTORIAN PUBLIC HEALTH SECTOR)
(AMA VICTORIA/ASMOF) (SINGLE INTEREST EMPLOYERS)
ENTERPRISE AGREEMENT 2022 – 2026
Health and welfare services
DEPUTY PRESIDENT MASSON MELBOURNE, 27 OCTOBER 2022
Application for approval of the Medical Specialists (Victorian Public Health Sector) (AMA
Victoria/ASMOF) (Single Interest Employers) Enterprise Agreement 2022 – 2026.
[1] An application has been made for approval of an enterprise agreement known as the
Medical Specialists (Victorian Public Health Sector) (AMA Victoria/ASMOF) (Single Interest
Employers) Enterprise Agreement 2022 – 2026 (the Agreement). The application was made
pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Victorian
Hospitals’ Industrial Association. The Agreement is a single enterprise agreement.
[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this
application for approval have been met.
[3] I note that clause 56.4(a)(i) may be inconsistent with the National Employment
Standards. Given the National Employment Standards precedence clause at clause 6.2 of the
Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.
[4] The Australian Salaried Medical Officers Federation being a bargaining representative
for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover
it. In accordance with s.201(2) I note that the Agreement covers the organisation.
[2022] FWCA 3771
DECISION
FairWork
Commission
* AUSTRALIA FairWork Commission
[2022] FWCA 3771
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[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from
3 November 2022. The nominal expiry date of the Agreement is 28 February 2026.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
AE517968 PR747276
FAIR WA .41 NOIS .
GEA OF TH
RI COMMIS AUSTRALIA O
Medical Specialists
(Victorian Public Health
Sector) (AMA
Victoria/ASMOF) (Single
Interest Employers)
Enterprise Agreement
2022 – 2026
1
PART A – PRELIMINARY
1. Title
This Agreement shall be known as the Medical Specialists (Victorian Public Health
Sector) (AMA Victoria/ASMOF) (Single Interest Employers) Enterprise Agreement 2022
– 2026.
2. Arrangement
PART A – PRELIMINARY .................................................................................................................. 1
1. Title .................................................................................................................................... 1
2. Arrangement..................................................................................................................... 1
3. Definitions ........................................................................................................................ 3
4. Coverage ........................................................................................................................... 6
5. Date and Period of Operation ......................................................................................... 6
6. Application and Relationship to the NES ...................................................................... 7
7. Saving of Local Agreements .......................................................................................... 7
8. No extra claims ................................................................................................................ 8
PART B – CONSULTATION, DISPUTE RESOLUTION, DISCIPLINE AND FLEXIBLE
WORKING ARRANGEMENTS ....................................................................................... 10
9. Consultation ................................................................................................................... 10
9A. Consultation about changes to rosters or hours of work ......................................... 13
10. Redundancy and Associated Entitlements ................................................................. 14
11. Dispute Resolution Procedure ..................................................................................... 19
12. Managing Conduct and Performance (Discipline) ..................................................... 22
12A. Performance Management ............................................................................................ 26
13. Prevention and Management of Workplace Bullying ................................................. 27
14. Flexible Working Arrangements................................................................................... 31
15. Individual Flexibility Arrangements ............................................................................. 32
15A. Climate Change Mitigation and Sustainability ............................................................ 33
PART C –TYPES OF EMPLOYMENT, END OF EMPLOYMENT AND RELATED
MATTERS ........................................................................................................................ 35
16. Types of Employment ................................................................................................... 35
16A. Internal Locum conversion ........................................................................................... 37
17. Rights of Private Practice Administration ................................................................... 41
18. Clinical Support Time .................................................................................................... 42
19. Physical working conditions ........................................................................................ 44
20. Roster design – safe hours of work ............................................................................. 44
21. Workload Management and review .............................................................................. 44
22. Transition to Retirement ............................................................................................... 45
23. Termination of employment – notice of termination .................................................. 46
24. Certificate of Service ..................................................................................................... 46
PART D – HOURS OF WORK AND RELATED MATTERS ............................................................ 48
25. Continuous Duty (Full-Time Doctors) .......................................................................... 48
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26. On-Call (Full-Time Doctors) .......................................................................................... 48
27. Recall (Full-Time Doctors) ............................................................................................ 48
28. Hours of work (Full-Time Doctors) .............................................................................. 48
29. Hours of work (Fractional Doctors) ............................................................................. 49
30. Fractional Allocation (Fractional Doctors) .................................................................. 49
PART E – WAGES AND RELATED MATTERS .............................................................................. 51
31. Remuneration and remuneration increases ............................................................... 51
31A. Doctor Records .............................................................................................................. 53
31B. Daylight Saving .............................................................................................................. 54
32. Superannuation.............................................................................................................. 55
33. Salary Packaging ........................................................................................................... 56
34. Accident Pay .................................................................................................................. 56
35. Recovery of Overpayments .......................................................................................... 59
36. Shift Penalty Payments ................................................................................................. 60
PART F – ALLOWANCES AND RELATED MATTERS .................................................................. 62
37. Telephone allowance ..................................................................................................... 62
38. Uniforms ......................................................................................................................... 62
39. Laundry allowance ........................................................................................................ 62
40. Travelling allowance ...................................................................................................... 62
41. Continuing Medical Education Support ...................................................................... 62
42. Childcare costs reimbursement ................................................................................... 67
43. Provision of mobile phone or reimbursement of cost ............................................... 67
44. Insurance Allowance ..................................................................................................... 68
44A. Manager Allowance ....................................................................................................... 68
44B. Designated Location Bonus ......................................................................................... 68
PART G – ACCOMMODATION AND FACILITIES .......................................................................... 71
45. Board and lodging ......................................................................................................... 71
46. Breastfeeding ................................................................................................................. 71
PART H – PUBLIC HOLIDAYS, LEAVE AND RELATED MATTERS ............................................ 72
47. Annual leave ................................................................................................................... 72
48. Annual leave loading (Full-Time Doctors) ................................................................... 75
49. Personal/carer’s leave ................................................................................................... 75
50. Compassionate Leave ................................................................................................... 77
51. Fitness for Work ............................................................................................................ 78
52. Prenatal leave ................................................................................................................. 80
53. Unpaid pre-adoption leave ............................................................................................ 81
54. Parental Leave................................................................................................................ 81
55. Long Service Leave ....................................................................................................... 97
56. Public Holidays ............................................................................................................ 104
57. Sabbatical Leave .......................................................................................................... 107
58. Leave to engage in Voluntary Emergency Management Activities ........................ 110
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58A. Absences on Defence Leave ...................................................................................... 111
58B. Special Disaster Leave ................................................................................................ 112
59. Continuing Medical Education Leave ........................................................................ 112
60. Family Violence Leave ................................................................................................ 113
61. Replacement of Doctors when on leave .................................................................... 115
PART I – UNION MATTERS AND BEST PRACTICE EMPLOYMENT COMMITMENT ............... 116
62. Union Matters ............................................................................................................... 116
63. Best Practice Employment Commitment Committee .............................................. 118
64. Signatories ................................................................................................................... 120
Appendix 1 – List of Employers / Health Services ..................................................................... 121
Appendix 2 – Specialists Remuneration and Allowances ........................................................ 123
Appendix 3 – Continuing Medical Education Standard Claim Form ....................................... 154
Appendix 4 – Template Certificate of Service ............................................................................ 157
Appendix 5 – List of Local Certified Agreements and Enterprise Agreements in
operation immediately prior to 17 December 2013 .................................................. 159
Appendix 6 – Agreement to take annual leave in advance ....................................................... 162
Appendix 7 – Agreement to cash out annual leave ................................................................... 163
3. Definitions
3.1 In this Agreement except where the context requires otherwise:
(a) 2013 Specialists Agreement means the AMA Victoria – Victorian Public
Health Sector - Medical Specialists Enterprise Agreement 2013.
(b) 2018 Specialists Agreement means the AMA Victoria – Victorian Public
Health Sector - Medical Specialists Enterprise Agreement 2018-2021.
(c) Act unless otherwise specified means the Fair Work Act 2009 (Cth), as
amended or replaced from time to time.
(d) Agreement means the Medical Specialists (Victorian Public Health Sector)
(AMA Victoria/ASMOF) (Single Interest Employers) Enterprise Agreement
2022 – 2026.
(e) Ambassador means an appointed representative of the Association.
(f) Association means the Australian Medical Association (Victoria) Limited
(“AMA”) or the Australian Salaried Medical Officers Federation (Victoria
Branch) (“ASMOF”).
(g) ATO means the Australian Taxation Office.
(h) Clinical Academic means a specialist registered by the Medical Board of
Australia and who is employed in a Full Time capacity by a University in an
academic role in the faculty of medicine (however described) and also
employed by a Health Service.
(i) CME means Continuing Medical Education.
(j) CME Support Entitlement means the amount of funding support for CME
that a Doctor is entitled to in a Financial Year, calculated in accordance with
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subclause 41.1(a) (for a Full-time Doctor) or subclause 41.1(c) (for a
Fractional Doctor).
(k) Doctor–
(i) means a medical practitioner employed by a Health Service as a
Specialist or Executive Specialist as a Full-Time Doctor, Fractional
Doctor or Internal Locum Doctor ; but
(ii) with respect to Dental Health Services Victoria, means only a
Doctor employed as an Anaesthetist.
(l) Doctors in Training Agreement means the Doctors in Training (Victorian
Public Health Sector) (AMA Victoria/ASMOF) (Single Interest Employers)
Enterprise Agreement 2022 – 2026.
(m) DH means the Department of Health, or it’s successor, however titled or
styled.
(n) EO Act means the Equal Opportunity Act 2010 (Vic), as amended or
replaced from time to time.
(o) Employee has the same meaning as Doctor
(p) Employer has the same meaning as Health Service
(q) Executive Specialist means a Doctor who is expressly appointed by his or
her Health Service as an Executive Specialist and:
(i) is required in his or her employment to exercise professional
leadership and/or management accountability which is clearly
outside of the responsibility of other Specialists; and either
(ii) holds Specialist Registration with the Medical Practitioners Board
of Australia under the Health Practitioner Regulation National Law
Act 2009 (Vic); or
(iii) possesses a higher qualification appropriate to the speciality in
which they are employed or has sufficient experience in their
speciality to satisfy the Health Service by which they are employed
that the appointment is warranted.
(iv) Examples of such responsibilities of Executive Specialists could
include:
A. responsibility over a range of programs;
B. direct supervision of a number of Specialists who are
department/unit heads;
C. required to serve on the Executive Management Team
of the Health Service; or
D. demonstrated leadership in the activities of a national
and/or international learned College or Society within
their discipline.
(r) Fractional Doctor means a Doctor engaged on a fractional basis in
accordance with subclause 16.2.
(s) Full-time Doctor means a Doctor engaged on a Full-Time basis in
accordance with subclause 16.1(a).
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(t) FWC means the Fair Work Commission.
(u) Health Service means a public hospital or health service listed in
Appendix 1.
(v) Health Services Act means the Health Services Act 1988 (Vic), as amended
or replaced from time to time.
(w) Higher Qualification means a qualification appropriate to the specialty in
which a Doctor is employed conferred upon the Doctor by a University,
Medical School or Learned College including:
(i) postgraduate degrees and diplomas of Universities;
(ii) membership or fellowship of a Specialist Medical College or
Association of Specialists;
(iii) any other postgraduate qualification at the level of Masters or
above appropriate to the specialty in which the Doctor is
employed;
(iv) where the minimum compulsory training period in that specialty
required to qualify for the postgraduate qualification exceeds four
years, years in excess of four will be counted as experience after
obtaining higher qualification in the definition of Senior Specialist,
Principal Specialist and Senior Principal Specialist.
(x) HSR means a health and safety representative (including a deputy health
and safety representative) elected under the OHS Act.
(y) Internal Locum means a Doctor engaged on a casual basis in accordance
with subclause 16.4.
(z) Institution means any hospital, health service (whether or not listed in
Appendix 1) or benevolent home, community health centre, Society or
Association registered pursuant to the Health Services Act.
(aa) NES means the National Employment Standards.
(bb) OHS Act means the Occupational Health and Safety Act 2004 (Vic), as
amended or replaced from time to time.
(cc) Portable Technological Aids means items which are easily portable and
designed for use away from the Doctors’ usual work site; can operate without
an external power supply; and are designed as a complete unit. For the
purposes of this Agreement, items of a capital nature, such as ultrasound
imaging devices, are not Portable Technological Aids.
(dd) Private Practice Income means income derived by a Doctor because of the
exercise of private practice privileges, whether or not the income is collected
directly by the Doctor or passes through the hands of the Health Service
acting as agent for the Doctor, and includes a private practice fund, a special
purpose fund, a Dillon Fund or other private practice arrangement.
(ee) Regulations means the Fair Work Regulations, as varied from time to time,
and any successor to those Regulations
(ff) Shiftworker, for the purposes of the NES, is any Doctor who is required to
work in excess of their ordinary hours, or works ordinary hours on more than
10 weekends (defined as a Saturday or Sunday or both) during the leave
accrual year.
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(gg) Specialist means a Doctor who:
(i) holds Specialist Registration with the Medical Practitioners Board
of Australia under the Health Practitioner Regulation National Law
Act 2009 (Vic); or
(ii) possesses a Higher Qualification appropriate to the speciality in
which they are employed or has sufficient experience in their
speciality to satisfy the Health Service that the appointment is
warranted.
(hh) Specialist Medical College means a medical college accredited by the
Australian Medical Council.
(ii) Specialty means a field of work requiring the application of special
experience and qualifications in a particular branch of medicine.
(jj) Statutory Body means the Department of Health (Victoria) and, formerly the
Department of Health and Human Services (Victoria) and the Department of
Human Services (Victoria).
(kk) WIRC Act means the Workplace Injury Rehabilitation and Compensation Act
2013 (Vic), or if applicable in the particular situation the Accident
Compensation Act 1985 (Vic) or the Workers Compensation Act 1958 (Vic).
(ll) Except where the context requires otherwise, a reference in this Agreement
to “Hospital”, "hospital" or "health care facility", "public health sector agency",
“Health Service” or similar term is a reference to the hospital, health care
facility, public health sector agency operated by a Health Service listed in
Appendix 1 to this Agreement.
(mm) Where an Act of Parliament or Regulation referred to in this Agreement is or
has been replaced by another Act of Parliament or Regulation, the reference
to such an Act or Regulation shall be taken to refer to the successor Act or
Regulation.
(nn) Where this Agreement refers to a condition of employment provided for in the
NES, the relevant definitions in the Act apply.
4. Coverage
4.1 Subject to subclause 4.2, this Agreement covers:
(a) the Health Services (referred to in Appendix 1) as employers;
(b) all Doctors (as defined in subclause 3.1(k)) as Doctors; and
provided the FWC so notes in its decision to approve this Agreement:
(c) the Australian Salaried Medical Officers’ Federation.
4.2 For the avoidance of any doubt, this Agreement does not cover any person in relation to
ordinary work performed wholly on a fee for service or scheduled fee basis (including,
by way of example only, the Commonwealth Medical Benefits Schedule (CMBS)).
5. Date and Period of Operation
5.1 This Agreement will operate seven days after the date upon which it is approved by the
FWC.
5.2 The nominal expiry date of this Agreement is 28 February 2026.
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5.3 Negotiations for a replacement enterprise agreement should commence six months
prior to the nominal expiry date, being 28 August 2025.
5.4 The Agreement will continue in force after the nominal expiry date until replaced by a
further enterprise agreement.
6. Application and Relationship to the NES
6.1 The Appendices to this Agreement form part of the terms of the Agreement and are to
be read in conjunction with this Agreement for all purposes, including for enforcement.
6.2 This Agreement is not intended to exclude any part of the NES or to provide any
entitlement which is detrimental to a Doctor's entitlement under the NES. For the
avoidance of doubt, the NES prevails to the extent that any aspect of this Agreement
would otherwise be detrimental to a Doctor.
7. Saving of Local Agreements
7.1 The making of this Agreement is predicated on the expectation and understanding that
pre-existing terms and conditions of employment applying prior to the 2013 Specialists
Agreement will not be set aside as a result of the implementation of this Agreement.
7.2 The parties acknowledge that the increases in remuneration provided in clause 13 of the
2013 Specialists Agreement and other benefits provided under that agreement were
agreed on the basis that there would be no further claims prior to the nominal expiry
date of the 2013 Specialists Agreement, collectively or individually, which would have
the effect of increasing the net operating costs of any Health Service above the net
costs directly attributable to the implementation of the terms of the 2013 Specialists
Agreement. This commitment will continue for the life of this Agreement.
7.3 The following terms are intended to give effect to this commitment by the parties.
7.4 Except as provided in clause 31, this Agreement does not disturb the continued
application of employment entitlements in operation immediately prior to the
commencement of the 2013 Specialists Agreement (Pre-existing Entitlements),
provided that the Pre-existing Entitlements do not:
(a) contravene any law;
(b) have the effect, directly or indirectly, of increasing the operating net costs of
any Health Service above the net costs directly attributable to the
implementation of the terms of this Agreement;
(c) derogate from the requirements of this Agreement; or
(d) have the effect, directly or indirectly, of providing a monetary benefit to the
Doctor inconsistent with (greater or less than) that provided under clause 31.
7.5 Review of Pre-existing Entitlements
(a) In the course of bargaining for – and during the term of – the 2018
Agreement, the parties reviewed the certified agreements and enterprise
agreements listed in Appendix 5 that pertained to Health Services covered by
this Agreement and which were in operation immediately prior to the
commencement of the 2013 Specialists Agreement (Pre-2013 Collective
Agreements). That review identified a number of employment entitlements
that have continued application by virtue of clause 6 of the 2013 Specialists
Agreement, had continued application by virtue of clause 7 of the 2018
Agreement and will have continued application by virtue of this clause.
(b) The parties continue to acknowledge and agree that:
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(i) the purpose of the Review conducted in connection with the 2018
Agreement was to provide clarity in relation to Pre-existing
Entitlements (that is, employment entitlements in operation
immediately prior to the commencement of the 2013 Specialists
Agreement) that stem from the Pre-2013 Collective Agreements
and the relevant Heads of Agreement and that have continued
application by virtue of this clause, in respect of each of the Health
Services covered by one or more of the Pre-2013 Collective
Agreements;
(ii) subject to the requirements of the Act, the intent was to develop
Health Service specific Schedules which contain Pre-existing
Entitlements and for those Schedules to be implemented by way
of a variation to this Agreement;
(iii) there may have been variations to employment entitlements based
on local negotiations which have had the effect of replacing or
superseding terms and conditions contained in the Pre-2013
Collective Agreements and such outcomes were:
A. considered in the course of the Review; and
B. included in any applicable Health Service specific
Schedule, where relevant and provided the overall
conditions of the relevant group of Doctors reflected in
the Agreement and the relevant Schedule are equal to
or better off overall.
(iv) it was not intended that a Doctor would or will receive the benefit
of two payments in satisfaction for the same work and where there
were or are separate entitlements in the 2018 Agreement or this
Agreement and any Health Service specific Schedule, only the
most beneficial entitlement will apply;
(v) the Pre-2013 Collective Agreements are not incorporated into and
do not form part of this Agreement; and
(vi) If a dispute arises during the course of the Review, the parties
agree to seek the assistance of the FWC to facilitate and/or
determine an outcome to the disputed matter.
(c) Where the Review referred to at 7.5(a) or further review referred to at 7.6 is
agreed to be concluded, the Pre-Existing Entitlements will be reduced to
writing and exchanged between the Health Service, the Association and
VHIA along with confirmation that the Review is complete.
7.6 Except as provided in clause 31, this Agreement is not intended to prevent a Health
Service from initiating a further review of Pre-existing Entitlements, on the basis that the
outcome of such a review must:
(a) prior to its implementation, be agreed between the Health Service and a
majority of its relevant Doctors; and
(b) not offend any of the requirements at clauses 7.4(a) to (d) above.
8. No extra claims
(a) Subject to subclause 8(b), until the nominal expiry date of this Agreement, a
Health Service, Doctor or Doctor organisation covered by this Agreement
must not pursue any extra claims.
(b) Subclause (a) does not limit:
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(i) the resolution of an issue, that is not also a collective issue
affecting more than one Doctor, arising under an individual
Doctor's contract of employment by the Health Service and the
Doctor in a manner consistent with subclause 31.11(a); or
(ii) the Health Service’s capacity to introduce change at the
workplace, subject to meeting its requirements to consult; or
(iii) a Health Service and Doctor's ability to make an individual
flexibility arrangement consistent with clause 15 below.
(c) Issues arising under an individual Doctor's contract of employment must not
be used to circumvent the operation of subclause (a).
(d) The Health Services agree to commence discussions with the Association no
later than six months prior to the nominal expiry date of this Agreement.
Provided that any claim made by a person covered by this Agreement during
that six-month period is not supported by industrial action, subclause (a) does
not prevent a person covered by this Agreement from making a claim during
the six-month period (or such earlier period as may be agreed) prior to the
nominal expiry date of this Agreement.
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PART B – CONSULTATION, DISPUTE RESOLUTION, DISCIPLINE AND
FLEXIBLE WORKING ARRANGEMENTS
9. Consultation
Nothing in this clause limits the Health Service’s obligations to consult with HSRs under
the OHS Act.
9.1 Consultation regarding Major Change
(a) Where a Health Service proposes a Major Change that may have a
Significant Effect on a Doctor or Doctors, the Health Service will consult with
the affected Doctor/s, the Association, and the Doctor’s other chosen
representative (where relevant) before any proposed change occurs.
(b) Consultation will, where reasonably practicable, include consultation with
those who are absent on leave including on workers’ compensation or
parental leave.
(c) The Health Service will take reasonable steps to ensure Doctors, HSRs
(where relevant) and the Association can participate effectively in the
Consultation process.
9.2 Definitions
Under this clause 9:
(a) Consultation means a genuine opportunity to influence the decision maker,
but not joint decision making. It is not merely an announcement as to what is
about to happen.
(b) Affected Doctor means a Doctor on whom a Major Change may have a
Significant Effect.
(c) Major Change means a change in the Health Service’s program, production,
organisation, physical workplace, workplace arrangements, structure or
technology that is likely to have a Significant Effect on Doctors.
(d) Significant Effect includes but is not limited to:
(i) termination of employment;
(ii) changes in the size, composition or operation of the Health
Service’s workforce (including from outsourcing) or skills required;
(iii) alteration of the number of hours worked and/or reduction in
remuneration;
(iv) changes to a Doctor’s classification, position description, duties or
reporting lines;
(v) the need for retraining or relocation/redeployment/transfer to
another site or to other work;
(vi) removal of an existing amenity; and/or
(vii) the removal or reduction of job opportunities, promotion
opportunities or job tenure.
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(e) Measures to mitigate or avert may include but are not limited to:
(i) redeployment;
(ii) retraining;
(iii) salary maintenance;
(iv) job sharing; and/or
(v) maintenance of accruals.
9.3 Consultation Steps and Indicative reasonable timeframes
(a) Consultation includes the steps set out below.
(b) Timeframes for each step must allow a party to consultation (including a
representative) to genuinely participate in an informed way having regard to
all the circumstances including the complexity of the change proposed, and
the need for Doctors and their representative to meet with each other and
consider and discuss the Health Service’s proposal. The timeframes in this
clause are indicative only.
(c) The following table makes clear the relevant steps and indicative timeframes
for the consultation process.
Step Action Timeframe
1. Health Service provides change
impact statement and other written
material required by subclause 9.4
2. Written response from Doctors
and/or Association
14 days of step 1
3. Consultation Meeting/s convened 7-14 days of step 2
The ‘first meeting’ at step
3 does not limit the
number of meetings for
consultation
4. Further Health Service response
(where relevant)
After the conclusion of
step 3
5. Alternative proposal from Doctors or
Association
14 days of step 4
6. Health Service to consider
alternative proposal/s consistent
with the obligation to consult and, if
applicable, to arrange further
meetings with Doctors or
Association prior to advising
outcome of consultation
14 days of step 5
9.4 Change Impact Statement (step 1)
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(a) Prior to Consultation required by this clause, the Health Service will provide
affected Doctor/s and the Association with a written Change Impact
Statement setting out all relevant information including:
(i) the details of the proposed change;
(ii) the reasons for the proposed change;
(iii) the possible effect of the proposed change on Doctors workload
and other occupational health and safety impacts’:
(iv) where occupational health and safety impacts are identified, a risk
assessment of the potential effects of the change on the health
and safety of Doctors must be undertaken in consultation with
HSRs, and the proposed mitigating actions to be implemented to
prevent such effects;
(v) the expected benefit of the change;
(vi) measures the Health Service is considering that may mitigate or
avert the effects of the proposed change;
(vii) if relevant to the proposed change, the existing and proposed
position descriptions, including new roles, those of the Affected
Doctors or managers where reporting lines change;
(viii) the right of an Affected Doctor to have a representative including
the Association representative at any time during the change
process; and
(ix) other written material relevant to the reasons for the proposed
change (such as consultant reports), excluding material that is
commercial in confidence or exposes the Health Service to
unreasonable legal risk or cannot be disclosed under the Health
Services Act 1988 (Vic) or other legislation.
(b) Any concerns by an Affected Doctor or their representative regarding whether
the Change Impact Statement complies with subclause 9.4 will be raised as
soon as practicable and before step 2.
9.5 Doctor / Association response (step 2)
Following receipt of the change impact statement, Affected Doctors and/or the
Association may respond in writing to any matter arising from the proposed change.
9.6 Meetings (step 3)
(a) As part of Consultation, the Health Service will meet with the Doctor/s, the
Association and other nominated representative/s (if any) to discuss:
(i) the proposed change;
(ii) proposals to mitigate or avert the impact of the proposed change;
and
(iii) any matter identified in the written response from the Affected
Doctors and/or the Association.
(b) To avoid doubt, the ‘first meeting’ at step 3 does not limit the number of
meetings for Consultation.
9.7 Health Service response (step 4)
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The Health Service will give prompt and genuine consideration to matters arising from
Consultation and will provide a written response to the Affected Doctors, Association
and (where relevant) other representative/s.
9.8 Alternative proposal (step 5)
The Affected Doctor/s, the Association and other representative (where relevant) may
submit alternative proposal(s) which will take into account the intended objective and
benefits of the proposal. Alternative proposals should be submitted in a timely manner
so that unreasonable delay may be avoided.
9.9 Outcome of consultation (step 6)
The Health Service will give prompt and genuine consideration to matters arising from
Consultation, including an alternative proposal submitted under subclause 9.8, and will
advise the affected Doctors, the Association and other nominated representatives (if
any) in writing of the outcome of Consultation including:
(a) whether the Health Service intends to proceed with the change proposal;
(b) any amendment to the change proposal arising from Consultation;
(c) details of any measures to mitigate or avert the effect of the changes on
Affected Doctors; and
(d) a summary of how matters that have been raised by Affected Doctors, the
Association and their representatives, including any alternative proposal,
have been taken into account.
9.10 Representation
For the purpose of consultation under this clause, a Doctor is entitled to be represented
at any stage including by the Association or other chosen representative (where
relevant).
9.11 Consultation disputes
Any dispute regarding the obligations under this clause will be dealt under the Dispute
Resolution Procedure at clause 11 of this Agreement.
9A. Consultation about changes to rosters or hours of work
This clause 9A. applies where a change to regular rosters or ordinary hours of work
(which may impact upon a Doctor, particularly in relation to their family and caring
responsibilities) does not constitute ‘Major Change in accordance with subclause 9.2(c).
9A.1 Where a Health Service proposes to change a Doctor’s regular roster or ordinary hours
of work, the Health Service must consult with the Doctor or Doctors affected and their
representatives, if any, about the proposed change.
9A.2 The Health Service must:
(a) consider health and safety impacts including fatigue;
(b) provide to the Doctor or Doctors affected and their representatives, if any,
information about the proposed change (for example, information about the
nature of the change to the Doctor’s regular roster or ordinary hours of work
and when that change is proposed to commence);
(c) invite the Doctor or Doctors affected and their representatives, if any, to give
their views about the impact of the proposed change (including any impact in
relation to their family or caring responsibilities); and
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(d) give consideration to any views about the impact of the proposed change that
is given by the Doctor or Doctors concerned and/or their representatives.
9A.3 The requirement to consult under this subclause 9A.does not apply to a Doctor where
the change to a Doctor’s regular roster or ordinary hours of work is as a consequence of
a Doctor’s:
(a) irregular, sporadic or unpredictable working hours,
(b) self-rostering or,
(c) where permitted, a rotating roster.
9A.4 The provisions of this clause 9A.are to be read in conjunction with the terms of the
engagement between the Health Service and Doctor, other Agreement provisions
concerning the scheduling of work and notice requirements.
10. Redundancy and Associated Entitlements
10.1 Arrangement
This clause is arranged as follows:
(a) Arrangement (subclause 10.1),
(b) Definitions (subclause 10.2),
(c) Redeployment (subclause 10.3),
(d) Support to Affected Doctors (subclause 10.4),
(e) Salary maintenance (subclause 10.5),
(f) Relocation (subclause 10.6),
(g) Employment terminates due to redundancy (subclause 10.7), and
(h) Exception to application of Victorian Government’s policy with respect to
severance pay (subclause 10.8).
10.2 Definitions
(a) Affected Doctor for this clause 10 means a Doctor whose role will be
redundant.
(b) Comparable Role means an on-going role that:
(i) is the same occupation as that of the Affected Doctor’s redundant
position or, if not, is in an occupation acceptable to the Affected
Doctor; and
(ii) is any of the following:
A. in the same clinical specialty as that of the Affected
Doctor’s former position;
B. in a clinical specialty acceptable to the Affected Doctor;
or
C. a position that with the reasonable support described at
subclause 10.3(g), the Affected Doctor could
undertake; and
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(iii) is the same Classification / Pay Point as the Affected Doctor’s
redundant position;
(iv) takes into account the number of ordinary hours normally worked
by the Affected Doctor;
(v) is a Reasonable Distance from the Affected Doctor’s current work
location;
(vi) takes the Affected Doctor’s personal circumstances, including
family responsibilities, into account; and
(vii) takes account of health and safety considerations.
(c) Consultation is as defined at clause 9 (Consultation) of this Agreement.
(d) Continuity of Service at subclause 10.8 means that the service of the
Doctor is treated as unbroken and that the cap on the transfer of personal
leave at subclause 49.4 does not apply. However, continuity of service is not
broken where a Health Service pays out accrued annual leave or long service
leave upon termination in accordance with this Agreement.
(e) Classification / Pay Point for the purposes of this clause 10 means a
weekly salary in Appendix 2 that is at least equal to or higher than the weekly
salary in Appendix 2 for the Role of the Doctor held immediately prior to
redundancy
(f) Reasonable Distance means a distance that has regard to the Doctor’s
original work location, current home address, capacity of the Doctor to travel,
additional travelling time, effects on the personal circumstances of the
Affected Doctor, including family commitments and responsibilities and other
matters raised by the Doctor, or assistance provided by their Health Service.
(g) Redeployment period means a period of 13 weeks from the time the Health
Service notifies the Affected Doctor in writing that consultation under clause 9
is complete and that the redeployment period has begun.
(h) Redundancy means the Health Service no longer requires the Affected
Doctor’s job to be performed by anyone because of changes in the
operational requirements of the Health Service’s enterprise.
(i) Relocation means an Affected Doctor is required to move to a different
campus as a result of an organisational change on either a temporary or
permanent basis.
(j) Salary maintenance means an amount representing the difference between
what the Affected Doctor was normally paid immediately prior to the Affected
Doctor’s role being made redundant and the amount paid in the Affected
Doctor’s new role following redeployment.
10.3 Redeployment
(a) An Affected Doctor whose role will be redundant will be considered for
redeployment during the redeployment period.
(b) Doctor to be advised in writing
The Affected Doctor must be advised in writing of:
(i) the date the Affected Doctor’s role is to be redundant,
(ii) details of the redeployment process,
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(iii) the reasonable support that will be provided in accordance with
subclause 10.3(g), and
(iv) the Affected Doctor’s rights and obligations.
(c) Health Service obligations
The Health Service will:
(i) make every effort to redeploy the Affected Doctor to a Comparable
Role in terms of classification, grade and income, including
appointing a case manager to provide the Affected Doctor with
support and assistance; and
(ii) take into account the personal circumstances of the Affected
Doctor, including family commitments and responsibilities; and
(iii) where the Health Service is creating a new role/s substantially
similar to the Affected Doctor’s redundant role; give priority to the
redeployment of an Affected Doctor/s to the new position/s before
considering applicants that are not Affected Doctors.
Example: The Health Service needs fewer Doctors to do
particular work and roles are being restructured to take this into
account. In a 'spill and fill', the Employer will consider the Affected
Doctors for the new roles before other applicants.
(d) Doctor obligations
The Doctor must actively participate in the redeployment process including:
(i) identifying appropriate retraining needs;
(ii) developing a resume / CV to assist in securing redeployment;
(iii) actively monitoring and exploring appropriate redeployment
opportunities and working with the appointed case manager.
(e) Rejecting a Comparable Role
Where an Affected Doctor rejects an offer of redeployment to a Comparable
Role (as defined), the Affected Doctor may be ineligible for a departure
package referred to at subclause 10.7.
(f) Temporary alternative duties
An Affected Doctor awaiting redeployment may be transferred to temporary
alternative duties within the same campus, or where part of the Doctor’s
existing employment conditions (or by agreement) at another campus. Such
temporary duties will be in accordance with the Affected Doctor’s skills,
experience, clinical area and profession.
(g) Support for redeployment
For an available role to be considered a Comparable Role, the Health
Service must provide the reasonable support necessary for the Affected
Doctor to perform the role which may include:
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(i) theory training relevant to the clinical area or environment of the
role into which the Affected Doctor is to be redeployed;
(ii) a defined period of up to 12 weeks in which the Affected Doctor
works in a supernumerary capacity;
(iii) support from educational staff in the clinical environment;
(iv) a review at 12 weeks or earlier to determine what, if any, further
training is required.
(h) Where no redeployment available
If at any time during the redeployment period it is agreed that it is unlikely that
the Affected Doctor will be successfully redeployed, the Affected Doctor may
accept a redundancy package. Where this occurs, the Affected Doctor will
be entitled to an additional payment of the lesser of 13 weeks or the
remaining redeployment period.
(i) Non-Comparable Role
An Affected Doctor may agree to be redeployed to a role that is not a
Comparable Role.
10.4 Support to Affected Doctors
The Health Service will provide Affected Doctors whose position has been declared
redundant with support and assistance which will include, where relevant:
(a) counselling and support services;
(b) retraining;
(c) preparation of job applications;
(d) interview coaching;
(e) time off to attend job interviews; and
(f) funding of independent financial advice for Doctors eligible to receive a
separation package.
Other assistance may include but is not limited to career planning.
10.5 Salary Maintenance
(a) Entitlement to salary maintenance
An Affected Doctor who is successfully redeployed will be entitled to salary
maintenance where the Affected Doctor’s pay is reduced because the new
role:
(i) is a lower grade Classification / Pay Point;
(ii) involves working fewer hours; and/or
(iii) removes eligibility for penalties, loadings and the like.
(b) Period of salary maintenance
Salary maintenance will be for a period of 52 weeks from the date the
Affected Doctor is redeployed except where the Affected Doctor:
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(i) accepts another position within the salary maintenance period,
and
(ii) is paid in the other position an amount equal to or greater than the
role that was made redundant.
(c) Preservation of accrued leave
An Affected Doctor entitled to salary maintenance will have:
(i) their long service leave and annual leave accruals preserved
before redeployment. Specifically, the value of the leave
immediately prior to redeployment will not be reduced as a result
of redeployment; and
(ii) their personal leave preserved in hours.
10.6 Relocation
(a) Health Service to advise in writing of relocation
As soon as practicable but no less than seven (7) days after a decision is
made by the Health Service to temporarily or permanently relocate an
Affected Doctor, the Health Service will advise the Affected Doctor in writing
of the decision, the proposed timing of the relocation and any other
alternatives available to the Affected Doctor. In addition, the Health Service
will:
(i) ensure the relocation is a Reasonable Distance, unless otherwise
agreed;
(ii) ensure that the Affected Doctor is provided with information on the
new location’s amenities, layout and local operations prior to the
relocation; and
(iii) consult with the Association regarding the content of such
information.
(b) Entitlement to relocation allowance
An Affected Doctor is entitled to relocation allowance where permanent or
temporary relocation results in additional cost to the Affected Doctor for travel
and/or other expenses.
(c) Doctor to provide written estimate
The Affected Doctor must make written application to the Health Service with
a written estimate of the additional travelling cost and other expenses for the
period of redeployment up to a maximum of 12 months.
(d) Payment
(i) The Health Service will pay the Affected Doctor a relocation
allowance up to $1900.00 based on the written estimate of the
Affected Doctor referred to at (c) where the Health Service
accepts that estimate represents the additional cost to the
Affected Doctor. The allowance shall be paid as a lump sum.
(ii) When considering the Affected Doctor’s estimate, the Health
Service may have regard to the Reasonable Distance.
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(iii) In the event of a dispute about the Affected Doctor’s estimate it
will be resolved under clause 11 (Dispute Resolution).
(e) Exceptions
An Affected Doctor is not entitled to the relocation allowance if the site or
campus to which the Affected Doctor is being relocated is a location to which
they can be expected to be deployed as part of their existing employment
conditions.
(f) Fixed term Doctors not excluded
An Affected Doctor on a fixed term contract who is relocated will be covered
by the terms of this clause for the duration of the fixed term contract.
10.7 Employment terminates due to redundancy
The Victorian Government’s policy with respect to public sector redundancy and the
entitlements upon termination of employment as a result of redundancy is set out in the
Public Sector Workplace Relations Policies 2015, as amended or replaced from time to
time. The Victorian Government’s policy, as amended or replaced from time to time,
applies to Doctors but does not form part of this Agreement.
10.8 Exception to application of Victorian Government’s policy with respect to
severance pay
(a) Where the Affected Doctor’s Health Service secures a Comparable Role (as
defined) with another Health Service covered by this Agreement, which:
(i) is within a Reasonable Distance of the work site of the redundant
position; and
(ii) provides continuity of service; and
(iii) where the Comparable Role results in a loss of income, salary
maintenance at subclause 10.5 will apply; and
(iv) where relevant, consistent with the financial and other support
provided to an internal redeployee;
the Doctor will be considered successfully redeployed as though the
employment was with the same Health Service and no severance pay will
apply.
11. Dispute Resolution Procedure
The purpose of this clause is to provide for the timely, constructive resolution of
disputes, where possible, within the work place or, where necessary, at the Fair Work
Commission.
11.1 Resolution of disputes and grievances
(a) For the purpose of this clause 11, a dispute includes a grievance.
(b) This dispute resolution procedure will apply to any dispute arising in relation
to:
(i) this Agreement (for the avoidance of doubt, this includes a request
for flexible working arrangements or a request for an additional 12
months’ parental leave);
(ii) the NES; or
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(iii) matters purported to be saved due to the operation of the Savings
provision; or
(iv) the 2018 Specialists or Doctors in Training Agreement where a
dispute was identified in writing to the Health Service prior to this
Agreement coming into operation.
(c) A Party for the purposes of this clause is the Doctor/s or the Employer that
are the subject to the dispute.
(d) A Party subject to the dispute may choose to be represented at any stage by
a representative including the Association or employer organisation. A
representative, including the Association or employer organisation on behalf
of a Health Service, may initiate a dispute.
11.2 Obligations
(a) The Parties to the dispute and their representatives must genuinely attempt
to resolve the dispute through the processes set out in this clause and must
cooperate to ensure that these processes are carried out expeditiously.
(b) While the dispute resolution procedure is being conducted work will continue
normally according to the usual practice that existed before the dispute, until
the dispute is resolved.
(c) This requirement does not apply where a Doctor:
(i) has a reasonable concern about an imminent risk to their health or
safety;
(ii) has advised the Health Service of the concern; and
(iii) has not unreasonably failed to comply with a direction by the
Health Service to perform other available work that is safe and
appropriate for the Doctor to perform.
(d) No Party to a dispute or person covered by the Agreement will be prejudiced
with respect to the resolution of the dispute by continuing work under
subclause 11.2(b).
11.3 Dispute settlement facilitation
(a) Where the chosen representative is another Doctor employed by the Health
Service, that Doctor will be released by the Health Service from normal duties
(without loss of pay) as is reasonably necessary to enable them to represent
the Doctor/s including:
(i) investigating the circumstances of the dispute; and
(ii) participating in the processes to resolve the dispute, including
conciliation and arbitration.
(b) A Doctor who is a Party to the dispute will be released by the Health Service
from normal duties (without loss of pay) as is reasonably necessary to enable
them to participate in this dispute settling procedure so long as it does not
unduly affect the operations of the Health Service.
11.4 Discussion of dispute at workplace
(a) The Parties will attempt to resolve the dispute at the workplace as follows:
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(i) in the first instance by discussions between the Doctor/s and the
Doctor’s line manager or other relevant supervisor; and
(ii) if the dispute is still unresolved, by discussions between the
Doctor/s and more senior managers.
Nothing in this subclause 11.4 prevents the Parties from conducting their
discussions in writing, subject to subclause 11.4.
(b) The discussions at subclause 11.4(a) will take place within fourteen days or
such longer period as mutually agreed, save that agreement will not be
unreasonably withheld.
(c) Where a Party believes the requirements of this subclause 11.4 have not
been complied with, they will notify the other of their concern in writing as
soon as practicable.
(d) If a dispute cannot be resolved at the workplace it may be referred by a party
to the dispute or representative to the FWC for conciliation and, if the matter
in dispute remains unresolved, arbitration.
11.5 Disputes of a collective character
Disputes of a collective character may be dealt with more expeditiously by an early
reference to the FWC. However, no dispute of a collective character may be referred to
the FWC directly without a genuine attempt to resolve the dispute at the workplace level.
11.6 Conciliation
(a) Where a dispute is referred for conciliation, the FWC member will do
everything the member deems right and proper to assist the parties to settle
the dispute.
(b) Conciliation before the FWC is complete when:
(i) the Parties to the dispute agree that it is settled; or
(ii) the FWC member conducting the conciliation, either on their own
motion or after an application by a Party, is satisfied there is no
likelihood that further conciliation will result in settlement within a
reasonable period; or
(iii) the Parties to the dispute inform the FWC member there is no
likelihood the dispute will be settled and the member does not
have substantial reason to refuse to regard conciliation as
complete.
11.7 Arbitration
(a) If, when conciliation is complete, the dispute is not settled, either party may
request the FWC proceed to determine the dispute by arbitration.
(b) The FWC member that conciliated the dispute will not arbitrate the dispute if
a Party objects to the member doing so.
(c) If the dispute resolution procedure results in a finding by the FWC that a
breach of the Savings provision of this Agreement has occurred, the parties
agree that the order of the FWC under this subclause 11.7 will be to restore
all rights and entitlements affected by the breach to the state which would
have prevailed if the breach had not occurred.
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(d) Subject to subclause 11.7(e) below, a decision of the FWC is binding upon
the persons covered by this Agreement.
(e) An appeal lies to a Full Bench of the FWC, with the leave of the Full Bench,
against a determination of a single member of the FWC made pursuant to
this clause.
11.8 Conduct of matters before the FWC
(a) Subject to any agreement between the Parties to the dispute in relation to a
particular dispute or grievance and the provisions of this clause, in dealing
with a dispute or grievance through conciliation or arbitration, the FWC will
conduct the matter in accordance with sections 577, 578 and Subdivision B
of Division 3 of Part 5-1 of the Act.
(b) For the avoidance of doubt, nothing in this clause 11 affects the operation of
section 596 of the Act.
12. Managing Conduct and Performance (Discipline)
12.1 Application
(a) Except as provided at subclause 12.1(e), where a Health Service has
concerns about:
(i) the conduct of a Doctor; or
(ii) a performance issue that may constitute misconduct,
the following procedure will apply.
(b) There are two steps in a disciplinary process under this clause as follows:
(i) investigative procedure; and
(ii) disciplinary procedure.
(c) A Doctor will be provided a reasonable opportunity to be represented at any
time (including by the Association) with respect to all matters set out in this
clause.
(d) The Health Service will notify the Doctor in accordance with subclause
12.4(b)as soon as practicable following the Employer becoming aware of the
alleged concerns at subclause 12.1(a).
(e) Exception – Doctors who have not completed a minimum period of
employment with their Health Service
Where a Doctor has not completed a period of employment with their Health
Service of at least the minimum employment period defined at section 383 of
the Act, and the Health Service is considering the termination of the Doctor's
employment, the Health Service will
(i) provide the concerns in writing to the Doctor as soon as
practicable following the Health Service becoming aware of the
alleged concerns;
(ii) advise the Doctor of their right to have a representative, including
an Association representative;
(iii) other than in the case of Serious Misconduct, provide the Doctor
an opportunity to improve their Performance or Conduct;
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(iv) meet with the Doctor (and, where relevant, their representative);
and
(v) consider any explanation by the Doctor including any matters
raised in mitigation before making a decision to terminate the
employment.
(f) The terms of subclauses 12.3 to 12.5 inclusive do not apply to Doctors within
the scope of the exception in this subclause 12.1(e).
12.2 Definitions
(a) Conduct means the manner in which the Doctor’s behaviour impacts on their
work.
(b) Misconduct means a Doctor’s intentional or negligent failure to abide by or
adhere to the standards of conduct expected by the Health Service. A
performance issue can be considered misconduct where, despite all
reasonably practicable interventions by the Health Service, the Doctor is
unable to fulfil all or part of their job requirements to a satisfactory level.
(c) Performance means the manner in which the Doctor fulfils his or her job
requirements. The level of performance is determined by a Doctor’s
knowledge, skills, qualifications, abilities and the requirements of the role.
(d) Procedural Fairness means that a person whose interests will be affected
by a decision receives a fair and reasonable opportunity to be heard before
the decision is made. Procedural fairness is concerned with the decision-
making process followed or steps taken by a decision maker rather than the
actual decision itself.
(e) Serious misconduct is as defined under the Regulations and is both wilful
and deliberate. Currently Regulation 1.07 defines serious misconduct to
include:
(i) wilful or deliberate behaviour by a Doctor that is inconsistent with
the continuation of the contract of employment;
(ii) conduct that causes serious and imminent risk to:
A. the health or safety of a person; or
B. the reputation, viability or profitability of the employer’s
business.
Conduct that is Serious Misconduct includes each of the following:
(iii) the Doctor, in the course of the Doctor's employment, engaging in:
A. theft; or
B. fraud; or
C. assault; or
D. sexual harassment.
(iv) the Doctor being intoxicated at work;
(v) the Doctor refusing to carry out a lawful and reasonable instruction
that is consistent with the Doctor’s contract of employment.
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Subclauses 12.2(e)(i)-12.2(e)(v) do not apply if the Doctor is able to show
that, in the circumstances, the conduct engaged in by the Doctor was not
conduct that made employment in the period of notice unreasonable.
12.3 Investigative procedure
(a) The purpose of an investigative procedure is to conclude whether, on
balance, concerns regarding conduct or performance are well-founded and
supported by evidence. An investigation procedure must be fair including
proper regard to procedural fairness.
(b) The Health Service will:
(i) advise the Doctor of the concerns and allegations in writing;
(ii) provide the Doctor with all material which forms the basis of the
concerns before seeking a response;
(iii) ensure the Doctor is provided a reasonable opportunity to answer
any concerns including a reasonable time to respond;
(iv) advise the Doctor of their right to have a representative, including
a representative of the Association;
(v) ensure that the reason for any interview is explained; and
(vi) take reasonable steps to investigate the Doctor’s response.
(c) Where the Health Service has complied with subclause 12.3(b)(i) –
12.3(b)(iv) and the Doctor does not dispute the concerns, the Doctor may opt
to decline the opportunity to be interviewed.
(d) Where the Doctor opts to decline the opportunity to be interviewed, the
Doctor may still raise matters under subclause 12.4(c) including matters in
mitigation if a disciplinary procedure (see subclause 12.4) is proposed.
(e) Where the Doctor is being stood down by a Health Service during a process
set out in this clause 12, the Doctor will receive ordinary pay for their rostered
hours as if the Doctor was not stood down by the Health Service.
12.4 Procedure to address poor Performance or Misconduct
(a) The procedure applies if, following the investigation, the Health Service
reasonably considers that the Doctor’s Conduct or Performance may warrant
disciplinary steps being taken.
(b) The Health Service will:
(i) notify the Doctor in writing of the outcome of the investigation
process, including the basis of any conclusion; and
(ii) provide the Doctor with a reasonable opportunity to respond to the
outcome of the investigation process, including the basis of any
conclusion, before considering whether to take disciplinary action
at (c) below.
(c) In considering whether to take disciplinary action, the Health Service will
consider:
(i) whether there is a valid reason related to the Conduct or
Performance of the Doctor arising from the investigation justifying
disciplinary action;
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(ii) whether the Doctor knew or ought to have known that the Conduct
or Performance was below acceptable standards; and
(iii) any explanation by the Doctor relating to Conduct including any
matters raised in mitigation and any response to the outcome of
the investigation process as described at (b) above.
12.5 Possible outcomes
(a) Where it is determined that after following the procedures in this clause 12
that disciplinary action is warranted, the Health Service may take any of the
following steps depending on the seriousness of the Conduct or Performance
and except for informal counselling, the steps shall be recorded on the
Doctor’s personnel file:
(i) where the Performance or Conduct issue does not constitute
Serious Misconduct:
A. informally counsel the Doctor, which is to be confirmed
in writing with the outcome not being recorded on the
Doctor’s personnel file; or
B. counsel the Doctor, which is to be confirmed in writing;
or
C. give the Doctor a first written warning;
D. give the Doctor a second written warning in the event
that the Doctor has previously been given a first
warning within the previous 12 months for that course
of conduct;
E. give the Doctor a final written warning in the event that
the Doctor has previously been given a second written
warning within the preceding 18 month period for that
course of conduct;
F. terminate the Doctor’s employment on notice in the
case of a Doctor who repeats a course of conduct for
which a final warning was given in the preceding 18
months; or
(ii) where the Performance or Conduct issues constitute Serious
Misconduct:
A. terminate the Doctor’s employment without notice; or
B. alternatively, issue the Doctor with a final warning
without following the steps in subclauses 12.5(a)(i) to
12.5(a)(i)D above.
(b) The Health Service’s decision and a summary of its reasons will be notified to
the Doctor in writing.
(c) If after any counselling, a period of 6 months elapses without any further
counselling or warning being required, all adverse reports relating to the
disciplinary procedure under subclause 12.4 or to the counselling must be
removed from the Doctor’s personnel file. Nothing in this subclause prevents
the Health Service from applying a lesser period to the removal of all adverse
reports relating to the counselling.
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(d) If after any warning or counselling, a period of 12, or in the case of a final
warning, 18 months, without the Doctor repeating a course of Conduct for
which the preceding warning or counselling was given, the Health Service
cannot rely on the preceding warning or counselling for the purpose of using
a further warning. Nothing in this subclause prevents the Health Service from
applying a lesser period to the removal of all adverse reports relating to the
warning.
12.6 Disputes
(a) A dispute over this clause (including subclause 12.7) is to be dealt with in
accordance with the Dispute Resolution Procedure of this Agreement.
12.7 Performance Management
For further information on Performance Management, please see clause 12A of this
Agreement.
(a) Nothing in this clause 12 will prevent the Health Service from undertaking
performance management to support Doctors.
(b) In this clause 12, performance management includes reasonable actions to
address performance by identifying performance deficits, the Health Service's
expected outcomes and performance measures, and strategies to meet
those measures including the provision of support and education the Doctor
may reasonably require. Performance management measures may be
included in a performance improvement plan that seeks to address the
identified deficits within a reasonable time period.
(c) In this clause 12, performance management does not include sanctions in
addition to those set out at subclause 12.5 above.
12A. Performance Management
12A.1 Purpose
(a) Regular feedback and review that is proactive, informed and constructive is
an important part of professional development for Doctors based on a shared
commitment requiring good communication between the Doctor and the
Supervisor / line manager.
(b) The purpose of this clause is to ensure that where the Health Service or
supervisor/line manager has concerns as to possible underperformance
which need to be managed beyond any regular feedback or review process,
they are addressed in manner that is structured, transparent and fair.
(c) Whether through regular feedback and review or, in the case of possible
underperformance, performance management; feedback should enable
Doctors to optimise performance and communication and minimise
unexpected feedback at the conclusion of a rotation through a reference
(d) Doctors includes those that are not part of a formal training program.
12A.2 Application of this clause
(a) Where an Employer wishes to deal with performance issues of a Doctor, they
will be dealt with in accordance with this clause 12A.
(b) Where an Employer has concerns about a performance issue that may
constitute misconduct, they will be dealt with in accordance with clause 12
(Discipline). Where this occurs, the performance management process in
subclauses 12A.4(c), (d) and (e) will still apply where appropriate.
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12A.3 Informal
Where the Employer or the Employee has concerns about an Employee’s performance,
the Employer will, wherever appropriate, deal with these concerns through informal
discussions with the Employee when these concerns first arise. The Employer will
clearly outline the concerns. The Employee will be given a reasonable opportunity to
address the performance concerns
12A.4 Formal
(a) Where the Employee’s work performance is not at an acceptable standard
following the process in subclause 12A.2or it was not appropriate to deal with
the concerns informally, the Employer may initiate a formal performance
management process.
(b) The Employer will provide to the Employee in writing:
(i) details of the performance concerns including, where relevant,
material that supports those concerns; and
(ii) notice of the Employee’s right to be represented by a Union or
other representative.
(c) The Employer will:
(i) meet with the Employee and, where relevant, the Employee’s
representative, to discuss the concerns;
(ii) ensure the Employee is provided with a reasonable opportunity to
answer any concerns including a reasonable time to respond;
(iii) give genuine consideration to any response or matters raised by
an Employee’s response; and
(iv) if a performance management plan is proposed, consult with the
Employee and the Employee’s representative on the content of
the plan.
(d) Where, having considered the Employee’s response, the Employer
reasonably believes, based on the Employee’s performance, that a
performance management plan is appropriate, the Employer will:
(i) provide the performance management plan to the Employee in
writing following the consultation referred to at subclause
12A.4(c)(iv) above, identifying which aspects of the Employee’s
performance are unsatisfactory and the required level of
performance which must be reasonable; and
(ii) provide the Employee with a reasonable opportunity to address
any concerns over a reasonable time.
(e) The Employer will provide ongoing feedback on the Employee’s performance
during this period, including if the Employee’s performance is not improving
to a satisfactory standard, and will provide the Employee with all reasonable
support, counselling and training.
13. Prevention and Management of Workplace Bullying
13.1 Purpose
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(a) This clause concerns the prevention and management of Workplace bullying
and requires employers to take actions consistent with their obligations under
the OHS Act. Workplace bullying is an occupational health and safety risk.
(b) Workplace bullying can happen in any workplace. Under certain conditions,
anyone could be capable of bullying-type behaviour.
(c) Workplace bullying can have an impact on an individual’s health and affect
their ability to do their job. It can also contribute to loss of productivity, staff
turnover, absenteeism, low morale and financial costs.
(d) It is in the interests of all parties including Employers, Employees who raise
complaints, Employees about whom complaints are made and their
representatives, that concerns about behaviour that may be workplace
bullying are addressed quickly, fairly and sensitively and with the intention of
ensuring a safe working environment for everyone.
13.2 Definitions
(a) Workplace Bullying is repeated, unreasonable behaviour directed at an
employee or group of employees that creates a risk to health and safety.
Reasonable management action carried out in a reasonable manner is not
bullying.
Examples
Examples of workplace bullying include repeated:
(i) Verbal abuse. For example, being sworn at, threatened, insulted,
continual inappropriate and/or invalid criticism, name calling,
practical jokes, unjustified threats of punishment, belittling and
humiliation, gossip and malicious rumours, inappropriate
language, yelling.
(ii) Unreasonable demands, unnecessary pressure and impossible
deadlines, which are targeted at an employee or group of
employees
(iii) Unfair allocation of tasks and/or working hours. For example,
repeatedly requiring a particular person to stay back after hours or
rostering them onto night duty
(iv) Undermining a person’s work performance, recognition or position,
especially with their managers or co-workers
(v) Hostile behaviour toward an employee or group of Employees. For
example, excluding them from conversations or various activities
Examples of reasonable management action carried out in a reasonable
manner include:
(vi) Genuine and reasonable instructions;
(vii) Rostering and allocating working hours, where the requirements
are reasonable; and
(viii) Constructively delivered feedback or counselling intended to help
employees to improve their work performance or the standard of
their behaviour.
(b) OHS Act means the Occupational and Health Safety Act 2004.
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13.3 Prevention - General
(a) Employers have a duty under the OHS Act to provide and maintain, so far as
is reasonably practicable, a working environment that is safe and without
risks to health.
(b) Employer obligations include:
(i) providing and maintaining systems of work that are, so far as is
reasonably practicable, safe and without risks to health;
(ii) consulting with Employees who are or who are likely to be directly
affected by a health and safety matter.
(c) Prevention is the key to providing a safe working environment.
13.4 Prevention - Policy
(a) Each Employer will have a workplace policy and procedure for workplace
bullying.
(b) A workplace policy should state:
(i) a commitment to providing Employees with a healthy and safe
working environment;
(ii) the standard of behaviour expected of all Employees, including
examples of what is and what is not workplace bullying;
(iii) how the policy applies in connection with work and work-related
events and activities;
(iv) that the policy covers all communication, including text messages,
email and social media;
(v) how and where employees can report allegations of workplace
bullying;
(vi) that reports of workplace bullying are taken seriously and are
responded to by the Employer impartially and confidentially;
(vii) what can happen if the policy is not followed;
(viii) how the Employer will respond to allegations of workplace bullying
that have been reported;
(ix) how reports will be investigated;
(x) where to get more information.
13.5 Early Intervention
(a) It is recognised that early intervention is critical to ensuring both a safe
workplace and fairness to all parties. The objective of early intervention is to:
(i) establish appropriate behaviour;
(ii) prevent inappropriate behaviour; and
(iii) resolve issues without a formal report or investigation.
(b) Early intervention may include:
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(i) self-managing a situation; and
(ii) seeking assistance from someone else such as a manager,
supervisor, medical workforce unit or human resources.
(c) Training plays an important role in the early intervention of workplace
bullying. Employers should ensure employees are trained to recognise
bullying behaviour and to adjust their behaviour accordingly before it
becomes an issue.
13.6 Managing Workplace Bullying – General Principles
Where it is necessary to conduct an investigation regarding potential workplace bullying,
the following principles will apply:
(a) The Doctor who is the subject of the concern will be provided with natural
justice including but not limited to:
(i) explaining the process and the specific allegations in writing;
(ii) advising the that they may be represented by the Association, or
other advocate, at any time;
(iii) the purpose of any meetings is identified in advance; and
(iv) the Doctor is provided with an opportunity to respond via
documentation, an interview or a combination of both.
(b) The investigator and, in turn, the decision-maker will act in good faith and
without bias which:
(i) means the person conducting the investigation has no
preconceived opinions, vested interests or prior personal
involvement in the matter; and
(ii) does not necessarily mean excluding a person from the same
organisation as the employee, from conducting an investigation or
making a decision.
(c) The Employer shall provide an unredacted report to the Doctors and their
representative/s, including the Association where relevant, upon request.
13.7 Where an external investigator is appointed
Where the Employer decides to appoint an external investigator, the Employer shall
either:
(a) Select an investigator from the DH ‘preferred provider’ list; or
(b) Appoint an investigator following timely consultation with the representative of
the Employee parties, including the Association, where relevant. The
Employer may appoint an investigator without consultation where no
response is received from the Union within 5 days following the Association
being notified.
Consultation in this subclause 13.7 has its ordinary meaning and does not refer to
consultation as set out at clause 9 and shall be conducted efficiently having regard for
the health and safety of the employees.
13.8 More information
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Further information about workplace bullying and principles to manage and resolve
bullying matters can be found at:
(a) www.worksafe.vic.gov.au/bullying-workplace
(b) Victorian Public Sector Standards Commissioner’s Guide – Managing Poor
Behaviour in the Workplace.
13.9 Employers will review and use for guidance the Best Practice Guide developed jointly by
the Association and VHIA and make it available at the workplace.
14. Flexible Working Arrangements
14.1 The Act entitles Doctors with at least 12 months continuous service (as defined in the
Act) to request flexible working arrangements in specified circumstances.
14.2 The specified circumstances are if the Doctor:
(a) is the parent, or has responsibility for the care, of a child who is of school age
or younger;
(b) is a carer within the meaning of the Carer Recognition Act 2010 (Vic) (for
example, caring for someone who has a disability, a medical condition
(including a terminal or chronic illness), a mental illness or is frail or aged);
(c) has a disability;
(d) is aged 55 years or older;
(e) is experiencing violence from a member of the Doctor’s family; or
(f) provides care or support to a member of the Doctor’s immediate family, or a
member of the Doctor’s household, who requires care or support because the
member is experiencing violence or abuse from the member’s family.
14.3 Changes in working arrangements may include, but are not limited to, hours of work,
patterns of work and location of work (including in accordance with subclause 54.2(a)).
14.4 The request must be in writing, set out details of the change sought and the reasons for
the change.
14.5 The Health Service must give the Doctor a written response to the request within 21
days, stating whether the Health Service grants or refuses the request. A request may
only be refused on reasonable business grounds as described in the NES.
14.6 Where the Health Service refuses the request, the written response must include details
of the reasons for the refusal.
14.7 Where a request for flexible work arrangements is made, a Doctor or Health Service is
entitled to meet with the other party to discuss:
(a) the request;
(b) an alternative to the request; or
(c) reasons for a refusal on reasonable business grounds.
14.8 A Doctor or Health Service may choose to be represented at a meeting under subclause
14.7 by a representative including the Association or employer organisation.
14.9 The dispute resolution procedure in this Agreement will apply to any dispute / grievance
arising in relation to a request for flexible working arrangements.
http://www.worksafe.vic.gov.au/bullying-workplace
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14.10 Other entitlements relevant to family violence can be found at clause 60 (Family
Violence Leave).
15. Individual Flexibility Arrangements
15.1 A Doctor and the Health Service may enter into an individual flexibility arrangement
under this clause that varies the effect of certain terms of this Agreement in order to
meet the genuine needs of the Doctor and the Health Service. An individual flexibility
arrangement must:
(a) be genuinely agreed to by the Doctor and Health Service; and
(b) not contravene any law.
15.2 An individual flexibility arrangement must be about arrangements for when hours are
worked.
15.3 A Doctor may nominate a representative to assist in negotiations for an individual
flexibility arrangement.
15.4 The Health Service must ensure that any individual flexibility arrangement will result in
the Doctor being better off overall than the Doctor would have been if no individual
flexibility arrangement was made.
15.5 The Health Service must ensure that an individual flexibility arrangement is in writing
and signed by the Doctor and Health Service (and, if the Doctor is under 18 years of
age, by the Doctor’s parent or guardian), and that it is not required to be approved or
consented to by any other person.
15.6 The Health Service must give a copy of the individual flexibility arrangement to the
Doctor within 14 days after it is agreed.
15.7 The Health Service must ensure that any individual flexibility arrangement sets out:
(a) the terms of this Agreement that will be varied by the arrangement;
(b) how the arrangement will vary the effect of the terms;
(c) how the Doctor will be better off overall in relation to the terms and conditions
of his or her employment as a result of the arrangement; and
(d) the day on which the arrangement commences.
15.8 The Health Service must ensure that any individual flexibility arrangement:
(a) is about matters that would be permitted matters under section 172 of the Act
if the arrangement were an enterprise agreement;
(b) does not include any term that would be an unlawful term under section 194
of the Act if the arrangement were an enterprise agreement; and
(c) provides for the arrangement to be terminated:
(i) by either the Doctor or Health Service giving a specified period of
written notice, with the specified period being no more than 28
days; and
(ii) at any time by written agreement between the Doctor and Health
Service.
15.9 An individual flexibility arrangement may be expressed to operate for a specified term or
while the Doctor is performing a specified role (such as acting in a specified higher
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position). Such an arrangement will terminate on expiry of the specified term, or when
the Doctor ceases to perform the specified role, unless terminated earlier on notice or by
agreement.
15A. Climate Change Mitigation and Sustainability
15A.1 Acknowledgment
The parties acknowledge that:
(a) the climate is changing and this affects the health and wellbeing of Victorians:
(b) Health Services use significant amounts of energy and water and generate
large volumes of waste;
(c) the Climate Change Act 2017 has a long-term emissions reduction target for
Victoria of net zero greenhouse gas emissions by the year 2050 with a series
of interim targets to achieve that goal; and
(d) Doctors and Health Services have a role to play to support the achievement
of that target, which includes through discussion, information sharing and
cooperation.
15A.2 Continuous improvement
(a) Doctors and Employers support continuous improvement to improve
environmental sustainability including:
(i) At an industry level through the Best Practice Employment
Commitment term at clause 63;
(ii) At a local workplace level through:
A. the WIC (see subclause 62.10) where it is in operation;
and/or
B. a local body established for the purpose of consulting
over environmental sustainability and climate change
(however described).
(b) Doctors and Employers support the development of local processes to:
(i) integrate climate and environmental considerations into the
evidence-based decision-making process;
(ii) engage with Doctors to consult over matters of environmental
sustainability including possible mitigants such as:
A. recycling and waste reduction;
B. better use of technology;
C. healthy sustainable buildings, infrastructure and
materials; and
D. the delivery of health services;
(iii) implement change at the workplace level to achieve environmental
sustainability objectives including through local action plans as
Health Services seek to move to 100% renewable energy by
2025.
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15A.3 Education
(a) It is acknowledged that education concerning to climate related health topics
may be directly relevant to a Doctor’s role within the meaning of clause 59
(Continuing Medical Education.
(b) The Health Service will encourage and support the inclusion of climate-
related health topics as part of education provided to Doctors.
15A.4 Discussions with Association
(a) Upon request, a Health Service will meet the Ambassador or other
representative of the Association to discuss the sustainability report of the
Health Service.
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PART C –TYPES OF EMPLOYMENT, END OF EMPLOYMENT AND RELATED
MATTERS
16. Types of Employment
Doctors will be employed in Full-time or Fractional Employment.
16.1 Full-Time Employment
(a) A Full-time Doctor is one who is engaged to work 38 hours per week or an
average of 38 hours as per subclause 28.1 (Hours of Work), plus reasonable
additional hours.
(b) Provided a Full-time Doctor is ready, willing and able to work full-time hours,
the Doctor will be paid the weekly salary appropriate to the Doctor’s
classification.
16.2 Fractional Employment
A Fractional Doctor is one who is engaged by a Health Service to work 35 hours per
week or less, for the treatment of Health Service patients and other agreed
duties/commitments.
16.3 Fixed term employment
(a) Full-time or Fractional employment may be for a fixed (maximum) term or
ongoing.
(b) For the purpose of this Agreement, fixed term employment includes a
maximum term contract; that is, a contract for a fixed period that is terminable
by notice within the contract period.
(c) Fixed term employment will only be used to meet genuine fixed term needs.
(i) Genuine fixed term needs include, but are not limited to:
A. a replacement for a Doctor on a period of absence;
B. undertaking a specified task which is funded for a
specified period;
C. for the first year of employment with the Health Service.
(ii) In addition to subclause 16.3(i) above, a Health Service may offer
a Doctor a fixed term of employment where:
A. the Doctor’s employment is dependent upon their
holding of an appropriate immigration visa – in such
case, the Health Service may offer the Doctor a period
of employment commensurate with the term of the visa
held; or
B. the Doctor holds limited registration to practise as a
medical practitioner, or where conditions have been
placed on the Doctor’s registration – in such case, the
Health Service may offer the Doctor a fixed term of
employment consistent with the Doctor’s type of, or
conditions upon, registration.
(d) Nothing in this clause disrupts existing fixed term or maximum term contracts
that exist at the commencement date of this Agreement.
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(e) This clause should be read in conjunction with subclause 54.2(a).
16.4 Internal Locum
(a) Purpose
The purpose of the Internal Locums (however titled) is to support Health
Services access a prepared supply of employed labour to meet fluctuations in
supply (such as those arising from unplanned absence) or demand (such as
a greater than anticipated number of patients) or for specialised needs, rather
than the use of external contractors where possible.
(b) Definition
An Internal Locum:
(i) is a Doctor who:
A. is made an offer of employment on the basis that the
Employer makes no firm advance commitment to
continuing and indefinite work according to an agreed
pattern of work (e.g. relief work such as replacing a
Doctor on an unplanned absence); and
B. accepts the offer of employment on that basis; and
C. is an Employee as a result of that acceptance;
(ii) is not a Doctor who could reasonably be employed on a Full Time
or Fractional basis under this Agreement.
(c) Subject to the minimum engagement period (or payment in lieu of), an
Internal Locum’s engagement is terminable without prior notice by either
party.
(d) The minimum shift length for an Internal Locum is three and a half hours.
(e) An Internal Locum will be paid the hourly rate for:
(i) a Fractional Specialist 10.6 – 14 hours per week for the Doctor’s
classification plus 25% until FFPPOA 1 July 2022, then;
(ii) a Fractional Specialist 10.6 – 17.5 hours per week for the Doctor’s
classification plus 25% from FFPPOA 1 July 2022 onwards.
Payments for shift work (clause 36), Saturdays and Sundays (clause 36) and
penalty payments for Public Holidays worked (clause 56) also apply to
Internal Locums.
(f) Except where expressly excluded, an Internal Locum will be entitled to
receive the allowances prescribed by Part F of this Agreement.
(g) The following provisions do not apply to Internal Locums:
(i) annual leave (clause 47);
(ii) paid personal leave (clause 49);
(iii) paid compassionate leave (clause 50);
(iv) paid family violence leave (clause 60);
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(v) absences on defence leave (clause 58A);
(vi) continuing medical education leave (clause 59);
(vii) clinical support time (clause 18)
(viii) notice period before termination (clause 23); and
(ix) special disaster leave (clause 58B).
(h) An Internal Locum is entitled to the following:
(i) Continuing Medical Education Support (clause 41);
(ii) unpaid personal leave for carer’s responsibilities (note ss. 102 and
103 FWA)
(iii) unpaid family violence leave (note s.106A FWA);
(iv) unpaid compassionate leave (note ss. 104 and 105);
(v) unpaid pre-adoption leave;
(vi) parental leave (subject to the eligibility requirements of that clause
(clause 54)); and
(vii) unpaid ceremonial leave.
16A. Internal Locum conversion
For the purpose of this clause only, any reference to Doctor means a Doctor employed
pursuant to subclause 16.4 as an Internal Locum]
16A.1 Health Service offers
(a) Subject to subclause 16A.2 and by 27 September 2021 in accordance with
the NES, a Health Service must make an offer to a Doctor under this section
if:
(i) the Doctor has worked shifts for the Health Service for a period of
12 months beginning the day the employment started; and
(ii) during at least the last 6 months of that period, the Doctor has
worked a regular pattern of hours on an ongoing basis which,
without significant adjustment, the Doctor could continue to work
as a Full-Time Doctor or a Fractional Doctor (as the case may be).
(b) The Health Service’s offer under subclause 16A.1 must:
(i) be in writing; and
(ii) be an offer for the Doctor to convert:
A. for a Doctor that has worked the equivalent of full-time
hours during the period referred to in subclause
16A.1(a)(ii) – to full-time employment; or
B. for a Doctor that has worked less than the equivalent of
full-time hours during the period referred to in
subclause 16A.1 – to fractional employment that is
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consistent with the regular pattern of hours worked
during that period;
(iii) be given to the Doctor within 21 days after the end of the 12-
month period referred to in subclause 16A.1(a)(i).
16A.2 When Health Service offers not required
(a) A Health Service is not required to make an offer under subclause 16A.1(a)
to a Doctor if:
(i) there are reasonable grounds not to make that offer; and
(ii) the reasonable grounds are based on facts that are known, or
reasonably foreseeable, at the time of deciding not to make the
offer;
(b) The Health Service must give written notice to a Doctor in accordance with
subclause 16A.2 (d) if:
(i) the Health Service decides under subclause 16A.2 16A.2 (a) not
to make an offer to the Doctor; or
(ii) the Doctor has been employed by the Health Service for the 12-
month period referred to in subclause 16A.1(a)(i) but does not
meet the requirement referred to in paragraph 16A.1(a)(ii).
(c) Without limiting subclause 16A.2 , reasonable grounds for deciding not to
make an offer include the following:
(i) the Doctor’s position will cease to exist in the period of 12 months
after the time of deciding not to make the offer, such as where a
Doctor works shifts replacing a Doctors absence;
(ii) the hours of work which the Doctor is required to perform will be
significantly reduced in that period;
(iii) there will be a significant change in either or both of the following
in that period:
A. the days on which the Doctor’s hours of work are
required to be performed;
B. the times at which the Doctor’s hours of work are
required to be performed;
which cannot be accommodated within the days or
times the Doctor is available to work during that period;
(iv) making the offer would not comply with a recruitment or selection
process required by or under a law of the Commonwealth or a
State or a Territory.
(d) The notice must:
(i) advise the Doctor that the Health Service is not making an offer
under subclause 16A.1; and
(ii) include the details of the reasons for not making the offer
(including any grounds on which the Health Service has decided
to not make the offer); and
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(iii) be given to the Doctor within 21 days after the end of the 12-
month period referred to in subclause 16A.1(a)(i).
16A.3 Doctor response
(a) The Doctor must give the Health Service a written response to the offer made
under 16A.1(a) within 21 days after the offer is given to the Doctor, stating
whether the Doctor accepts or declines the offer.
(b) If the Doctor fails to give the Health Service a written response in accordance
with subclause 16A.3(a), the Doctor is taken to have declined the offer.
16A.4 Acceptances of offers
(a) If the Doctor accepts the offer, the Health Service must, within 21 days after
the day the acceptance is given to the Health Service, give written notice to
the Doctor of the following:
(i) whether the Doctor is converting to full-time employment or
fractional employment;
(ii) the Doctor’s hours of work after the conversion takes effect;
(iii) the day the Doctor’s conversion to full-time or fractional
employment takes effect
(b) However, the Health Service must discuss with the Doctor the matters the
Health Service intends to specify for the purposes of subclause 16A.4(a)(i)-
(iii) before giving the notice.
(c) The day specified for the purposes of subclause 16A.4(a)(iii) must be the first
day of the Doctor’s first full pay period that starts after the day the notice is
given, unless the Doctor and the Health Service agree to another day.
16A.5 Doctor requests
(a) A Doctor may make a request of a Health Service under this clause if:
(i) the Doctor has been employed by the Health Service for a period
of at least 6 months beginning the day the employment started;
(ii) the Doctor has, in the period of 6 months ending the day the
request is given, worked a regular pattern of hours on an ongoing
basis which, without significant adjustment, the Doctor could
continue to work as a Full-Time Doctor or Fractional Doctor (as
the case may be); and
(iii) all of the following apply:
A. the Doctor has not, at any time during the period
referred to in subclause 16A.5 (a)(ii), refused an offer
made to the casual Doctor under subclause 16A.1;
B. the Health Service has not, at any time during that
period, given the casual Doctor a notice in accordance
with subclause 16A.2 (c)(i);
C. the Health Service has not, at any time during that
period, given a response to the Doctor under subclause
16A.6 refusing a previous request made under this
clause;
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D. the request is not made during the period of 21 days
after the period referred to in subclause 16A.1(a)(i).
(b) The request must:
(i) be in writing;
(ii) be a request for the Doctor to convert:
A. for a Doctor that has worked the equivalent of full-time
hours or shifts on a regular and systematic basis during
the period referred to in subclause 16A.5 (a)(ii) – to full-
time employment; or
B. for a Doctor that has worked less than the equivalent of
full-time hours or shifts on a regular and systematic
basis during the period referred to in subclause 16A.5
(a)(ii) – to fractional employment that is consistent with
the regular pattern of hours or shifts worked during that
period; and
(iii) be given to the Health Service.
16A.6 Health Service must give a response
The Health Service must give the Doctor a written response to the request made under
subclause 16.5 within 21 days after the request is given to the Health Service, stating
whether the Health Service grants or refuses the request.
16A.7 Refusals of requests
(a) The Health Service must not refuse the request unless:
(i) the Health Service has consulted the Doctor;
(ii) there are reasonable grounds to refuse the request; and
(iii) the reasonable grounds are based on facts that are known, or
reasonably foreseeable, at the time of refusing the request.
(b) Without limiting subclause 16A.7 (a), reasonable grounds for refusing a
request include the following:
(i) it would require a significant adjustment to the Doctor’s hours of
work in order for the Doctor to be employed as a Full-Time Doctor
or Fractional Doctor;
(ii) the Doctor’s position will cease to exist in the period of 12 months
after giving the request;
(iii) the hours of work which the Doctor is required to perform will be
significantly reduced in the period of 12 months after giving the
request;
(iv) there will be a significant change in either or both of the following
in the period of 12 months after giving the request:
A. the days on which the Doctor’s hours of work are
required to be performed;
B. the times at which the Doctor’s hours of work are
required to be performed;
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which cannot be accommodated within the days or times the
Doctor is available to work during that period;
(v) granting the request would not comply with a recruitment or
selection process required by or under a law of the
Commonwealth or a State or a Territory
(c) If the Health Service refuses the request, the written response under
subclause 16.6 must include details of the reasons for the refusal.
16A.8 Grants of requests
(a) If the Health Service grants the request, the Health Service must, within 21
days after the day the request is given to the Health Service, give written
notice to the Doctor of the following:
(i) whether the Doctor is converting to Full-Time employment or
Fractional employment;
(ii) the Doctor’s pattern of hours or shifts after the conversion takes
effect;
(iii) the day the Doctor’s conversion to full-time or fractional
employment takes effect.
(b) However, the Health Service must discuss with the Doctor the matters the
Health Service intends to specify for the purposes of subclause 16A.8 (a)(i) -
(iii) before giving the notice.
(c) The day specified for the purposes of subclause 16A.8 (a)(iii) must be the
first day of the Doctor’s first full pay period that starts after the day the notice
is given, unless the Doctor and Health Service agree to another day.
(d) To avoid doubt, the notice may be included in the written response under
subclause 16A.6 .
16A.9 Effect of conversion
(a) A Doctor is taken, on and after the day specified in a notice for the purposes
of subclauses 16A.4(a)(iii) and 16A.8 (a)(iii) to be a Full-Time Doctor or a
Fractional Doctor of the Health Service.
(b) Any loading afforded under subclause 16.4 will cease, and, subject to
subclause 16A.6 , any benefits relating to permanent employment will
commence on the day specified in a notice for the purposes of subclauses
16A.4(a)(iii) and 16A.8 (a)(iii).
17. Rights of Private Practice Administration
17.1 Where a Doctor engages the Health Service as agent to bill his or her private patients:
(a) the Health Service must ensure:
(i) that no account is rendered which could place the Doctor in
breach of the Health Insurance Act 1973;
(ii) that the Doctor is provided with monthly reports at the major
account level which can be supplemented with information at
transaction level if required by the Doctor;
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(iii) that the process of billing and records of incoming and outgoing
funds are complete, transparent and available upon request to the
Doctor;
(iv) that informed financial consent is taken; and
(v) that processes are consistent with the requirements of the
National Healthcare Agreements (however titled) particularly in
relation to private patient election.
(b) The Doctor must ensure they provide the Health Service any relevant
information required (i.e. Provider number) to facilitate the obligations of the
Health Service set out in (a) above.
18. Clinical Support Time
The actual quantum of Clinical Support Time allocated to an individual Doctor is to be agreed
locally between the Doctor and the Health Service having regard to this clause.
18.1 Allocation of Clinical Support Time
(a) Doctors will be entitled to devote 20% of their normal weekly hours to Clinical
Support Duties. Agreement as to the actual proportion of such time
allocation will be determined at the commencement of employment and/or as
part of annual work plan/performance review processes. Such agreements
shall be consistent with Specialist Medical College guidelines where
applicable.
(b) Unit Heads (and above with management roles) will be provided with a
minimum 50% clinical support time allocation.
(c) Subject to the locally agreed arrangement, a Doctor and Health Service can
agree to a proportion of normal weekly hours for Clinical Support Duties less
than 20% (or 50% for a Unit Head and above with management roles) of the
Doctor’s normal weekly hours.
18.2 Fractional Doctors working minimal hours
(a) In cases where the Health Service has deemed the Fractional Doctor to be
working minimal hours, the Health Service is to use the Template Letter in
Appendix A to:
(i) direct the Fractional Doctor in writing not to perform any Clinical
Support Duties; and
(ii) such a proportion of time for non-clinical activity may not be
allocated.
(b) The Health Service is to consider the individual circumstances such as
current duties and responsibilities when determining whether the Fractional
Doctor is working minimal hours.
(c) Despite the above, where the Fractional Doctor is required to perform ad-hoc
non-clinical activities (e.g. yearly mandatory training) a quantum of paid
Clinical Support Time for a fixed period may be agreed between the Doctor
and the Chief Medical Officer (or delegate) following discussions with the
Head of Unit to facilitate the performance and payment for these ad-hoc non-
clinical activities.
18.3 Forms of ‘Clinical Support Duties’
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(a) Clinical Support Duties are duties which are agreed by the Employer to be
performed by the Doctor and:
(i) involve non-direct patient care; and
(ii) are important to the performance of a Doctor in public health
services to support specific aspects of its operation; and
(iii) support:
A. Operations of the unit and the Health Service
B. Quality improvement activities
C. Maintenance of a Doctor’s skills and new skill
development
D. Contribution to teaching and education of medical staff
and other health professionals.
(b) Indicative examples of Clinical Support Duties include:
(i) administration;
(ii) attendance at departmental or Health Service meetings (other
than clinical meetings focused on patients) and meetings of the
medical staff group when related to Health Service business;
(iii) CME/CPD/maintenance of professional standards;
(iv) quality assurance;
(v) research (other than clinical research);
(vi) audit and participation in Quality Assurance Activities as required
by the Health Service;
(vii) post-graduate and undergraduate teaching activities;
(viii) reasonable time directly spent in the collection, analysis and
presentation of quality assurance data and attendance at
scheduled unit/divisional audit meetings;
(ix) attendance at committees established under ACHS guidelines,
and Inter-unit clinical meetings e.g. Grand Rounds.
(c) A Health Service may give preference to Clinical Support Duties that are
required to be performed by the Doctor to meet the organisation’s needs.
(d) The Health Service may require a Doctor to perform (or not perform) Clinical
Support Duties, however, where a Doctor disputes the initial determination of
the Health Service, a Doctor may utilise the Dispute Resolution Procedure at
clause 11of the Agreement.
18.4 Pooling of Clinical Support Time
Following consultation with the Health Service, Doctors within a unit (other than the Unit
Head) can agree to pool up to half their individual clinical support time entitlement for
use by other Doctors in the unit. Agreement is to be in writing and can be terminated on
one month’s notice by the Doctor or the Health Service.
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19. Physical working conditions
19.1 It is agreed that the following infrastructure standards should be met at all Health
Services:
(a) access to workstations, telecommunication and information technology
capable of ensuring administrative and similar work can be accomplished
efficiently;
(b) 24 hour access to library and all of its resources;
(c) reserved car parking paid for by the Health Service and available for a Doctor
on on-call and recalled. The parking spaces must be well lit and in a secure
place within 200 metres from the front door of the Health Service main
entrance;
(d) access to Internet and e-mail facilities for work purposes;
(e) office available for private discussion with patient’s relatives;
(f) access to security escort at night.
19.2 Where the above is currently not the case, the parties will consult to discuss how quickly
the situation can be remedied within available capital funding budgets.
20. Roster design – safe hours of work
20.1 The provisions of this clause are to be read in conjunction with clause 21 (Workload
Management).
20.2 The Health Service must not roster or arrange work hours in a way that causes an
excessive or unsafe work pattern to exist.
20.3 The obligation to work safe hours applies to both the Health Service and Doctors.
20.4 While not binding on the Health Services, the National Code of Practice – Hours of
Work, Shiftwork and Rostering for Hospital Doctors recommends minimum periods of
rest between different forms of rostered work (e.g. 10 hours between successive
ordinary rostered shifts), and is a suitable framework under which to consider safe
working hours issues.
21. Workload Management and review
21.1 The provisions of this clause are to be read in conjunction with clause 20 (Roster Design
– Safe Hours of Work).
21.2 Where a Doctor believes that a Health Service requires the Doctor to perform work in a
manner that is unsafe, the Doctor may first discuss the matter with the Health Service to
resolve the issues. If no resolution can be found, the Doctor may utilise the Dispute
Resolution Procedure set out in clause 11 of this Agreement.
21.3 Nothing in this clause restricts the Association from assisting a Doctor during
discussions with the Health Service for the purpose of this clause or utilising the Dispute
Resolution Procedure set out in clause 11 of this Agreement.
21.4 Safe Workload
The Health Service is obliged by the OHS Act to provide a safe workplace. This
includes ensuring that workloads are not unreasonable. It is recognised that managing
workload is necessary to ensure a safe work environment and to ensure that the
operational requirements of the Health Service are met.
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21.5 Assignment of Work
(a) The Health Service will ensure that the type and volume of work assigned to
the Doctor is reasonable with regard to the Doctor’s skills, abilities, capacity
and availability to perform.
(b) In considering the work to be assigned to the Doctor, the Health Service must
identify the level and type of administrative support available to the Doctor,
and must ensure that appropriate levels of administrative support are
provided.
21.6 Consultation
The Health Service and Doctor shall consult regularly regarding the Doctor’s workload.
21.7 Review
(a) A Doctor may request a workload review at any time. The purpose of the
review is to identify whether the Doctor’s workload is safe and reasonable.
Where a review is requested, the Health Service and Doctor shall consult and
set out the Doctor’s current duties and responsibilities in writing including
each of the following elements where relevant:
(i) Direct Public Patient Care and Related Activities – including
ward rounds, outpatient clinics, pre-operative assessment,
operating time, post-operative care, unit clinical meetings, inter-
unit consultations, completion of operation reports, discharge
summaries, case mix information and management of waiting lists.
(ii) Management Administrative Responsibilities – including roster
preparation, budget documents, Health Service reports.
(iii) Clinical Research as required by the Health Service.
(iv) Practice in a Distant Location – including time taken to travel to
and from the distant location.
(v) Clinical Support Time including Clinical Support Duties as
defined at subclause 18.2.
(b) The Health Service and Doctor shall calculate the hours required to perform
the tasks and responsibilities set out in writing. This includes taking into
account that some aspects of the routine workload occur more frequently
than others.
(c) The Health Service and Doctor shall review the responsibilities and duties
and any amendment to the responsibilities and duties to ensure a safe and
reasonable workload shall be recorded in writing.
21.8 Disputes
In the event of a dispute as to whether a workload is safe, clause 11 (Dispute
Resolution) shall apply. Neither party will be prejudiced by any alteration to workload to
ensure a safe workload before the dispute is resolved.
22. Transition to Retirement
22.1 A Doctor may advise their Health Service in writing of their intention to retire within the
next five years and participate in a retirement transition arrangement.
22.2 Transition to retirement arrangements may be proposed and, where agreed,
implemented as:
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(a) a flexible working arrangement (see clause 14 (Flexible Working
Arrangements)),
(b) in writing between the parties, or
(c) any combination of the above.
22.3 A transition to retirement arrangement may include but is not limited to:
(a) a reduction in their EFT;
(b) a job share arrangement;
(c) working in a position at a lower classification or rate of pay.
22.4 The Health Service will consider, and not unreasonably refuse, a request by a Doctor
who wishes to transition to retirement:
(a) to use accrued Long Service Leave (LSL) or Annual Leave for the purpose of
reducing the number of days worked per week while retaining their previous
employment status; or
(b) to be appointed to a role that has a lower hourly rate of pay or hours (post
transition role), in which case:
(i) the Health Service will preserve the accrual of LSL at the time of
reduction in salary or hours; and
(ii) where LSL is taken or paid out in lieu on termination, the Doctor
will be paid LSL hours at the applicable classification and grade,
and at the preserved hours, prior to the post transition role until
the preserved LSL hours are exhausted.
23. Termination of employment – notice of termination
23.1 Either the Health Service or a Doctor may terminate the employment by giving three
months’ written notice to the other party, or any other period as agreed between the
Health Service and the Doctor, subject to the requirements of the NES.
23.2 The Health Service may provide a payment in lieu of part or all of the notice period
prescribed in subclause 23.1.
23.3 Subject to financial obligations imposed on the Health Service by any Act, if a Doctor
fails to give notice the Health Service shall have the right to withhold monies due to the
Doctor with a maximum amount equal to the ordinary time rate of pay for the period of
notice.
23.4 In calculating any payment in lieu of notice, the wages to be used will be those the
Doctor would have received in respect of the ordinary time worked during the period of
notice had the Doctor’s employment not been terminated.
23.5 The period of notice in subclause 23.1 does not apply where the conduct of a Doctor
justifies instant dismissal, or to those engaged for a fixed term (but not maximum term),
specific period of time or for a specified task or tasks.
24. Certificate of Service
24.1 The Health Service will record the following particulars in respect of each Doctor:
(a) Date of commencement of employment;
(b) Date of termination of employment;
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(c) Total period of service (years and months);
(d) Long Service Leave taken during the period of service, or payments made in
lieu thereof; and
(e) Accumulated personal/carer’s leave at termination.
24.2 On request, a copy of the record will be furnished to the Doctor.
24.3 A certificate in the form set out in Appendix 4 will be acceptable.
24.4 A Doctor may request a document from their Employer which provides "Employment
Information" that can be used for the sole purpose of enabling their classification to be
recognised by another Employer.
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PART D – HOURS OF WORK AND RELATED MATTERS
25. Continuous Duty (Full-Time Doctors)
All full time Doctors will remain on duty when patient needs require, notwithstanding the
occurrence of normal meal breaks, conferences or the expiration of their normal hours.
Payment for this availability is included in the rates of pay for Full-time Doctors in Part 1
of Appendix 2.
26. On-Call (Full-Time Doctors)
26.1 All full time Doctors will hold themselves available to perform duty outside ordinary
hours. Payment for this availability is included in the rates of pay for Full-time Doctors in
Part 1 of Appendix 2.
26.2 A Full-time Doctor required to be On-call will provide appropriate means of transport.
27. Recall (Full-Time Doctors)
27.1 A Full-time Doctor who is recalled for duty away from the place at which the Doctor is
available for contact will, in respect of each recall, be paid an amount equal to 1/38th of
the weekly wage rate specified in Part 1 of Appendix 2, as payment for time spent in
travelling, and will also be paid for the time spent at the place to which the Doctor is
recalled at an hourly rate of time and a half on weekdays and double time on weekends
or public holidays.
27.2 A Full-time Doctor recalled who does not use personal transport will be provided at the
expense of the Health Service with suitable return transport.
28. Hours of work (Full-Time Doctors)
28.1 The ordinary hours of work for a Full-time Doctor will be an average of 38 hours per
week and may be worked by agreement between the Health Service and the Full-time
Doctor in one of the following ways:
(a) over five days per week;
(b) over four days per week;
(c) over 19 days per four week period; or
(d) over 40 hours in any period of seven consecutive days or 80 hours in any
period of 14 consecutive days.
28.2 A Health Service may require a Doctor to work reasonable additional hours. In
determining whether additional hours are reasonable, the following must be taken into
account:
(a) any risk to Doctor health and safety from working the additional hours;
(b) the Doctor's personal circumstances, including family responsibilities;
(c) the needs of the workplace or enterprise in which the Doctor is employed;
(d) whether the Doctor is entitled to receive overtime payments, penalty rates or
other compensation for, or a level of remuneration that reflects an
expectation of, working additional hours;
(e) any notice given by the Health Service of any request or requirement to work
the additional hours;
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(f) any notice given by the Doctor of his or her intention to refuse to work the
additional hours;
(g) the usual patterns of work in the industry, or the part of an industry, in which
the Doctor works;
(h) the nature of the Doctor's role, and the Doctor's level of responsibility;
(i) whether the additional hours are in accordance with averaging terms included
in the Agreement;
(j) any other relevant matter.
28.3 Where a Doctor has sought an amendment to the agreed Hours of Work arrangements
as prescribed in subclause 28.1 and has done so in writing, the Doctor must be provided
with a response in writing.
29. Hours of work (Fractional Doctors)
29.1 Subject to this clause, the ordinary hours of work for a Fractional Doctor will be in
accordance with their fractional allocation of hours as agreed between the Health
Service and the Doctor.
29.2 The maximum number of ordinary hours of work for a Fractional Doctor is 35 hours per
week.
29.3 At the time of engagement, the Health Service and a Fractional Doctor will agree in
writing on the following matters:
(a) a regular pattern of work, specifying at least the hours worked each day; and
(b) which days of the week the Fractional Doctor will work.
29.4 Any agreed variation to the regular pattern of work will be recorded in writing.
29.5 Work required by the Health Service to be performed by a Fractional Specialist in
excess of their Fractional Allocation (as determined pursuant to clause 30) will be
compensated by:
(a) payment at no less than the applicable Fractional hourly rate prescribed for
ordinary work at Appendix 2; or
(b) in accordance with an agreed local arrangement.
This excludes work performed on a fee for service or scheduled fee basis (including, by
way of example only, the Commonwealth Medical Benefits Schedule) (CMBS)) or where
the Fractional Doctor is compensated in a way other than salary.
30. Fractional Allocation (Fractional Doctors)
30.1 The method of fractional allocation for Fractional Doctors will be in accordance with the
following:
(a) Direct Public Patient Care and Related Activities
Includes ward rounds, outpatient clinics, pre-operative assessment, operating
time, post-operative care, unit clinical meetings, inter-unit consultations,
completion of operation reports, discharge summaries, case mix information
and management of waiting lists.
(b) Management/Administrative Responsibilities
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Duties associated with management and/or administration of a unit,
department or division e.g. roster preparation, budget documents, Health
Service reports.
(c) Health Service Meetings
Attendance at meetings constituted by the Health Service or at the request of
the Health Service, including for example: when appointed to represent the
medical staff on a Health Service committee; when appointed to represent
Health Service management on a committee; business or management
meetings of a unit/department/division; routinely scheduled meetings with
administration; and meetings of the medical staff group when related to
Health Service business.
(d) Participation in Quality Assurance Activities as Required by the Health
Service
Includes reasonable time directly spent in the collection, analysis and
presentation of quality assurance data and attendance at scheduled
unit/divisional audit meetings. Also included is attendance at committees
established under ACHS guidelines, and Inter-unit clinical meetings e.g.
Grand Rounds.
(e) Teaching and research as required by the Health Service and not
directly funded by the University.
(f) Practice in a Distant Location (where an allowance is not being paid)
30.2 When calculating the actual fraction it will be clear that some aspects of the routine
workload occur more frequently than others. For instance, meetings may occur monthly
whereas ward rounds may occur daily or a couple of times a week. Calculations should
take account of weekly rosters being transposed on a monthly basis. It is recommended
that hours required to be worked should be determined monthly.
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PART E – WAGES AND RELATED MATTERS
31. Remuneration and remuneration increases
31.1 Weekly rates of pay will be increased by the amounts set out below:
(a) 2.75% from the first pay period commencing on or after 1 March 2022;
(b) 2.5% from the first pay period commencing on or after 1 September 2023;
(c) 2.5% from the first pay period commencing on or after 1 March 2025.
31.2 The increases in rates of pay and other monetary entitlements specified in this
Agreement have been agreed on the understanding that they will be the increases
actually paid to the Doctors during the life of this Agreement. Where a Doctor’s
remuneration has been negotiated as an annualised salary, the increase will apply to
this annualised rate.
31.3 Existing work-related allowances will increase in accordance with the salary increases in
subclause 31.1 above.
31.4 The weekly rates of pay and allowances for the life of this Agreement are set out in
Appendix 2.
31.5 The increases in subclause 31.1 will not apply to private practice bonuses except where
these have been included in a rolled up or annualised salary arrangement.
31.6 Patience in bargaining payment
At the commencement of this Agreement, all Existing Doctors will receive a once off
lump sum payment of 2.5% of their ordinary wages calculated between 1 January 2022
and 28 February 2022.
31.7 Existing Doctors – pre-existing contracts
(a) Where an Existing Doctor has, under a written contract entered into prior to
1 March 2022 (Contract), an entitlement to receive as at 1 March 2022 a rate
of pay which is in excess of the rates specified in Part 1 of Appendix 2 or an
entitlement to receive as at 1 March 2022 a monetary payment which either
exceeds the equivalent payment provided for in this Agreement or is a form
of payment not provided for in this Agreement:
(i) the Health Service may pay, and the Doctor may accept, the
amount specified in the Contract as at 1 March 2022; and
(ii) the Health Service must increase the actual contracted rate of pay
in accordance with the percentage increases specified on the
relevant dates as stated in subclauses 31.1; but
(iii) the Health Service must not pay, and the Doctor must not seek or
accept, any increase in the rates of pay or monetary payments as
specified in the Contract as at 1 March 2022 which exceed the
percentage increase in the rates of pay or monetary payments
specified in this clause to apply at various times under this
Agreement, and to the extent that the Contract otherwise provides,
the Contract is unenforceable and of no effect.
31.8 Existing Doctors – change of position
(a) Where an Existing Doctor is promoted or transferred by their Health Service
to a different position with different or higher responsibilities, which position
either existed at the commencement of this Agreement or has been created
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in accordance with the Health Service's normal arrangements for the
structuring and remuneration of positions (New Position), and the terms and
conditions of the New Position are in accordance with the Health Service's
normal arrangements for the structuring and remuneration of positions, the
Health Service may offer the New Position to the Doctor on those terms and
conditions provided that:
(i) the Health Service must pay to the Doctor no less than the rates of
pay specified in Part 1 of Appendix 2 and all other monetary
payments required to be paid under this Agreement for the
performance of all work to which this Agreement applies; and
(ii) the Health Service must not pay, and the Doctor must not seek or
accept, any increase in the agreed rates of pay or monetary
payments to apply at the time the Doctor commenced in the New
Position which exceed the percentage increase in the rates of pay
and monetary payments specified in this clause and Part 1 of
Appendix 2 to apply under this Agreement.
31.9 New Doctors, and Existing Doctors who change Health Services
(a) Where a Health Service employs a New Doctor, or an Existing Doctor
changes Health Service while this Agreement is in operation, the new Health
Service may offer employment to that New Doctor or Existing Doctor on such
terms and conditions as may be agreed between them provided that:
(i) the Health Service must pay to the Doctor no less than the rates of
pay specified in Part 1 of Appendix 2 and all other monetary
payments required to be paid under this Agreement for the
performance of all work to which this Agreement applies; and
(ii) the Health Service must not pay, and the Doctor must not seek or
accept, any increase in the agreed rates of pay or monetary
payments to apply at the time the Existing Doctor commenced
employment with the new Health Service which exceed the
percentage increase in the rates of pay and monetary payments
specified in this clause and Appendix 2 to apply under this
Agreement.
31.10 Restructures within Health Services
(a) Where a Health Service initiates major changes to its organisation or service
delivery, which have a significant impact on the responsibilities or work
patterns of Doctors which genuinely result in:
(i) the creation of new roles (within the scope of this Agreement); or
(ii) substantive changes to existing roles, with a significant net
addition to work requirements for those roles,
the Health Service may collectively negotiate with the affected Doctors
revised terms and conditions of employment provided that:
(iii) the Health Service must pay to each Doctor no less than the rates
of pay specified in Appendix 2 and all other monetary payments
required to be paid under this Agreement for the performance of
all work to which this Agreement applies; and
(iv) the Health Service must not pay, and a Doctor must not seek or
accept, any increase in the agreed rates of pay or monetary
payments to apply at the time the collectively agreed
arrangements commence which exceed the percentage increases
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in the rates of pay specified in this clause and Appendix 2 to apply
under this Agreement.
31.11 General Rule
(a) Except as provided in subclauses 31.7, 31.8, 31.9 and 31.10, it is a
requirement of this Agreement that while this Agreement is in operation:
(i) the Health Services must pay to all Doctors the rates of pay
specified in Part 1 of Appendix 2 and all other monetary payments
required to be paid under this Agreement for the performance of
all work to which this Agreement applies;
(ii) the Health Services must not pay, and a Doctor must not seek or
accept, any payment for the performance of work to which this
Agreement applies in excess of, or less than, the rates of pay
specified in Part 1 of Appendix 2, unless such payment is
otherwise required to be paid by a term of this Agreement or by
the Act;
(iii) a Health Service must not pay to a Doctor, and a Doctor must not
seek or accept, any monetary payment in consideration for the
performance of work to which this Agreement applies, other than
the monetary payments required to be paid under this Agreement
or under the Act; and
(iv) a Doctor must not make any further claims for increases in rates of
pay or any other form of monetary payment (whether payable by
way of contract or otherwise) while this Agreement is in operation.
31.12 For the purpose of this clause:
(a) an 'Existing Doctor' is a Doctor who is employed by a Health Service as at
the date this Agreement commences to operate;
(b) a 'New Doctor' is a person who is not employed by a Health Service as at
the date this Agreement commences to operate, who first becomes employed
as a Doctor while this Agreement is in operation;
(c) 'monetary payments' includes but is not limited to salary, superannuation
contributions, allowances, other forms of remuneration, other elements of the
Doctor's terms and conditions package, and any (or any other) non-salary
employment benefits which are convertible into remuneration.
31A. Doctor Records
31A.1 Doctor Records
(a) The Act and Regulations set out an Employer's obligations with respect to
record keeping including but not limited to:
(i) a requirement to keep a record that sets out any leave the Doctor
takes and the balance (if any) of the Doctor's entitlement to that
leave from time to time;
(ii) the inspection and copying of a Doctor record by the Doctor or
former Doctor to whom the record relates; and
(iii) the requirement to keep accurate Doctor records.
(b) Where an Employer records time and attendance on a Doctor’s electronic
timecard in excess of the record keeping requirements of the Act and
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Regulations, a Doctor (or their representative) may request in writing that the
Employer make copies of the electronic timecards available within 14 days.
(c) An Employer is not in breach of this clause, the Act or the Regulations if
records prescribed at (a) have not been retained and are unable to be
produced.
31A.2 Payslips
(a) The Act and Regulations set out an Employer's obligations with respect to
pay slips, including but not limited to a requirement to specify:
(i) the period to which the pay slip relates;
(ii) the amount of wages to which the Doctor is entitled;
(iii) if an amount was deducted from the gross amount of the payment,
the name or the name and number of the fund or account into
which the deduction was paid; and
(iv) the net amount for each payment.
(b) To the extent reasonably practicable, payslips will record a Doctor's accrued
annual leave and personal leave.
(c) Where an adjustment is made to the Doctor’s pay to reflect an error arising
from another pay period (such as overpayment or an entitlement to an
additional payment) the Doctor will be advised in writing.
Note: in the event of a proposed deduction for an overpayment, please see
clause 35 Recovery of Overpayments.
(d) Payslips are important to ensuring that Doctors can be satisfied they are
being paid correctly. Where a Doctor has a query about the content of their
payslip, the Doctor may:
(i) raise that query with the Medical Workforce Unit or Payroll
Department (where applicable); and
(ii) request that the Association, including the Ambassador, raise any
query with the Medical Workforce Unit or Payroll Department
(where applicable) on their behalf.
31B. Daylight Saving
31B.1 If a Doctor works on a shift during which time changes because of the introduction of, or
cessation to, daylight saving, that Doctor will be paid for the actual hours worked at the
ordinary time rate of pay.
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Example:
A Doctor is rostered to work a ten hour night shift from 9pm through to 7:30am (including
a 30 minute meal break). During the course of this shift, the clock is wound forward one
hour due to the commencement of daylight saving.
The Doctor therefore works nine hours. The Doctor is paid nine hours at their ordinary
time rate of pay (including any shift penalties or allowances ordinarily payable in respect
of this shift).
Example:
A Doctor is rostered in a ten hour night shift from 9pm through to 7.30am (including a 30
minute meal break). During the course of this shift, the clock is wound back one hour due
to the cessation of daylight saving.
The Doctor therefore works 11 hours. The Doctor is paid 11 hours at their ordinary time
rate of pay (including any shift penalties or allowances ordinarily payable in respect of this
shift). No overtime is paid for the additional hour worked.
32. Superannuation
The subject of superannuation contributions is dealt with extensively by federal
legislation which prescribes the obligations and entitlements regarding superannuation.
This clause is ancillary to and supplements those provisions.
32.1 Definitions
In this clause:
(a) default fund means the Aware Super superannuation fund (or its successor)
while it provides a "MySuper product" as defined by the Act; and
(b) preferred superannuation fund means a fund that meets the definition of a
superannuation fund in the Superannuation Guarantee (Administration) Act
1992 (Cth).
32.2 Existing Doctors
Doctors will have the choice to nominate that the Employer contributions and their own
contributions are made to the Doctor’s preferred superannuation fund (as defined
above).
32.3 New Doctors
The Employer will offer to make superannuation contributions on behalf of a Doctor to:
(a) the Doctor’s preferred superannuation fund; or
(b) Aware Super superannuation funds (or successor).
32.4 Where new Doctors do not nominate fund
If the Doctor does not nominate a fund, the Employer will pay the Doctor’s
superannuation contributions to the default fund.
32.5 Calculation of superannuation contributions
Superannuation contributions paid by the Employer will be calculated and paid on:
(a) ordinary time earnings as defined in the Superannuation Guarantee
(Administration) Act 1992 (Cth) calculated on the Doctor’s pre-salary
packaging earnings;
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(b) any additional amounts consistent with the trust deed of the superannuation
fund; and
(c) any payment for a period of paid parental leave under subclause 54.5.
32.6 Superannuation during parental leave – from 11 April 2022
From 11 April 2022, the Employer will make superannuation contributions throughout
any period of parental leave, paid or unpaid. Such contributions will be calculated as
follows:
(e) The Doctor’s ordinary time earnings as defined in the Superannuation
Guarantee (Administration) Act 1992 (Cth) calculated on the Doctors's pre-
salary packaging earnings and any additional amounts consistent with the
trust deed of the superannuation fund over 26 full pay periods immediately
prior to commencing parental leave and divided by 52 (Weekly Parental
Leave Super Contribution) any additional amounts consistent with the trust
deed of the superannuation fund; and
(f) The Weekly Parental Leave Super Contribution will be paid during each week
of Parental Leave (both paid and unpaid) save that:
(i) The Doctor will receive a pro-rata payment for a period less than
one (1) week; and
(ii) where, during the period of parental leave (either paid or unpaid),
the Doctor’s rate of pay increases under subclause 31.1, the
Doctor’s pre-salary packaging earnings as calculated above will
be increased accordingly from the relevant date and
superannuation paid on the increased amount.
33. Salary Packaging
33.1 By agreement with the Doctor, the rate of pay specified at Appendix 2 may be salary
packaged in accordance with the Health Service's salary packaging program.
33.2 As far as possible, it is the intention of the Health Service that the Health Service
maintains a worthwhile salary packaging program for all Doctors. However, if legislative
or other changes have the effect of increasing the cost of packaging to the Health
Service, the cost must be paid by the participating Doctor or the arrangement must be
ceased by the Health Service.
33.3 The Health Service's salary packaging program will not restrict the Doctor’s capacity to
salary package any proportion of their salary in any one month.
34. Accident Pay
34.1 Definitions
(a) Accident Pay – total incapacity
Accident pay in respect of a Doctor deemed to be totally incapacitated under
the WIRC Act means a weekly payment of an amount representing the
difference between:
(i) the total amount of compensation paid under WIRC Act for the
week in question; and
(ii) the amounts payable to the Doctor for ordinary hours for the week
at the rates payable in accordance with Appendix 2 of this
Agreement.
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(b) Accident Pay – partial incapacity
(i) Accident pay in respect of a Doctor deemed to be partially
incapacitated under the WIRC Act means a weekly payment of an
amount representing the difference between:
A. the total amount of compensation paid under the WIRC
Act for the period in question together with the average
weekly amount the Doctor is earning or is able to earn
in some suitable employment or business (as
determined expressly or by implication by the
WorkCover Authority or as agreed between the
parties); and
B. the amounts payable to the Doctor for ordinary hours
for the week at the rates payable in accordance with
Appendix 2 of this Agreement.
(ii) The rate will be the same as that applying for a total incapacity.
However, where the Doctor receives a weekly payment under this
clause and the payment is subsequently reduced pursuant to the
WIRC Act, the reduction will not increase the liability of the Health
Service to increase the amount of accident pay in respect of that
injury.
(iii) Where a Doctor receives accident pay and the pay is payable for
incapacity for part of a week, the amount will be a direct
proportion.
(c) Injury
Injury has the same meaning and application as applying under the WIRC
Act. No injury will result in the application of accident pay unless an
entitlement exists under the WIRC Act.
34.2 Entitlement to Accident Pay
(a) A Health Service will pay a Doctor accident pay where the Doctor receives
payment in respect of a weekly incapacity (within the meaning of the WIRC
Act) in respect of which the Health Service is liable to pay compensation
under the WIRC Act. The Health Service’s liability to pay accident pay may
be discharged by another person on the Health Service’s behalf.
(b) Accident pay does not apply:
(i) for the first five normal working days of incapacity, except where a
Doctor contracts an infectious disease in the course of duty and is
entitled to receive workers compensation (in which case the
Doctor will receive accident pay from the first day of incapacity);
(ii) to any incapacity occurring during the first two weeks of
employment, unless incapacity continues beyond this time.
Subject to subclauses 34.2(b)(i) and 34.4 accident pay will only
apply to the period of incapacity after the first two weeks of
employment;
(iii) to industrial diseases contracted by a gradual process or injuries
subject to recurrence, aggravation or acceleration (as determined
by the WIRC Act) unless the Doctor has been employed with the
Health Service at the time of the incapacity for a minimum period
of one month.
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(c) A Doctor on engagement may be required to declare all workers
compensation claims made in the previous five years. In the event of false or
inaccurate information being knowingly declared by the Doctor the Health
Service is entitled to require the Doctor to forfeit his or her entitlement to
accident pay under this clause.
34.3 Cessation of Accident Pay
(a) A Doctor's entitlement to accident pay ceases:
(i) when the incapacity ceases;
(ii) on the death of the Doctor;
(iii) when the Doctor has received a total of 39 weeks’ accident pay for
any one injury;
(iv) when there is a cessation or redemption of weekly compensation
payments under the WIRC Act, in which case accident pay will
cease from the date of such cessation or redemption; or
(v) where a Doctor refuses or fails to commence work after a medical
referee, in accordance with the WIRC Act, has given a certificate
specifying work for which the Doctor is fit and the Health Service
makes this work available to the Doctor, in which case accident
pay will cease from the date of the refusal or failure to commence
work.
34.4 Termination of employment
(a) Subject to subclauses 34.3, 34.4(c) and 34.4(d) of this Agreement, a Doctor's
entitlement to accident pay will continue on termination of employment by his
or her Health Service, if the Doctor was incapacitated and receiving accident
pay at the date of termination.
(b) A Doctor with partial incapacity will continue to receive accident pay from
their Health Service on termination of his or her employment if:
(i) the Health Service cannot provide suitable employment for the
Doctor to perform; and
(ii) alternative employment is available with another Health Service.
(c) To qualify for the continuance of accident pay on termination of employment,
a Doctor will provide evidence to his or her Health Service of the continuing
payment of weekly workers compensation payments.
(d) A Doctor's entitlement to accident pay on termination of his or her
employment will cease if the termination is due to serious and/or wilful
misconduct on the part of the Doctor.
34.5 Absences on other paid leave
A Doctor is not entitled to payment for accident pay in respect of any period of other
paid leave of absence.
34.6 Notice of injury
A Doctor, on receiving an injury for which the Doctor claims to be entitled to receive
accident pay, will give notice in writing of the injury to the Health Service as soon as
reasonably practicable after the occurrence of the injury. Notice may be given by a
representative of the Doctor.
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34.7 Medical examination
To receive an entitlement to accident pay, a Doctor will conform to the requirements of
the WIRC Act as to medical examinations.
34.8 Civil damages claims
(a) A Doctor receiving or who has received accident pay will advise his or her
Health Service of any action the Doctor may institute or any claim the Doctor
may make for damages. The Doctor, if requested, will provide an authority to
the Health Service entitling the Health Service to a charge upon any money
payable pursuant to any judgment or settlement on that injury.
(b) Where a Doctor obtains a judgment or settlement for damages in respect of
an injury for which they have received accident pay, the Health Service’s
liability to pay accident pay will cease from the date of judgment or
settlement. However, if the judgment or settlement for damages is not
reduced, either in whole or in part, by the amount of accident pay made by
the Health Service, the Doctor will pay to the Health Service any amount of
accident pay already received in respect of that injury by which the judgment
or settlement has not been reduced.
(c) Where a Doctor obtains a judgment or settlement for damages against a
person other than the Health Service in respect of an injury for which the
Doctor has received accident pay, the Health Service’s liability to pay
accident pay will cease from the date of judgment or settlement. However if
the judgment or settlement for damages is not reduced either in whole or part
by the amount of accident pay made by the Health Service, the Doctor will
pay to the Health Service any amount of accident pay already received in
respect of that injury by which the judgment or settlement has not been
reduced.
34.9 Variation in compensation rates
Any changes in compensation rates under the WIRC Act will not increase the amount of
accident pay above the amount that would have been payable had the rates of
compensation remained unchanged.
34.10 Insurance against liability
Nothing in this Agreement requires a Health Service to insure against liability for
accident pay.
35. Recovery of Overpayments
35.1 Details of overpayment
Where a Health Service determines that an overpayment has occurred, the Health
Service shall provide, in writing, to the relevant Doctor:
(a) the total amount of overpayment,
(b) the reason, if any, for the overpayment (i.e. incorrect application of an
allowance),
(c) when the overpayments have occurred,
(d) the scope to enter into a repayment arrangement within the limits set by the
Financial Management Act 1994 (currently one tenth of the salary or wages,
before any deductions),
(e) propose a time to meet to discuss the overpayment, and
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(f) advice that the Doctor is welcome to bring a representative, including a
representative of the Association, to any meeting.
35.2 Discussion regarding overpayment
The Health Service and Doctor will meet as soon as practicable to discuss and consider:
(a) whether it is agreed that the amount identified by the Health Service is an
overpayment,
(b) the amount of any deduction within the limits set by the Financial
Management Act 1994 (currently one tenth of the salary or wages, before any
deductions), and
(c) any proposal put forward by the Doctor with respect to the repayment of the
overpayment including any circumstances of hardship which will be dealt with
in accordance with the Financial Management Act 1994.
35.3 Decision regarding overpayment
Following the meeting and after any proposal by the Doctor with respect to the
repayment of the overpayment has been considered, the Health Service shall advise the
Doctor in writing of its decision regarding repayment.
35.4 Dispute
Either the Health Service or Doctor may refer a dispute about an overpayment, including
but not limited to the quantum of the overpayment and/or how it is to be repaid, to
clause 11 (Dispute Resolution) of this Agreement.
35.5 Other rights
Nothing in this clause affects the rights or obligations or either party under the Financial
Management Act 1994 including but not limited to:
(a) The Doctor’s right to apply to the relevant Minister for the weekly amount of
the deductions to be reduced, and
(b) The Doctor’s right to apply in writing to the relevant Minister to be relieved
from all or any of the liability with respect to the repayment of the
overpayment.
36. Shift Penalty Payments
36.1 For ordinary hours worked between the following times, payment will be made at the
rates set out at Part 1 of Appendix 2 of the Agreement, plus the appropriate shift penalty
payment set out in Part 3 of Appendix 2 which have been calculated based on the
following:
Shift Percentage of applicable rate
in Part 1 of Appendix 2
Monday to Friday, between 6.00pm and midnight 25%
Monday to Friday, between midnight and 7:00am
the following day
75%
From 1 March 2023 onwards: Friday, between
6.00pm and midnight
50%
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Shift Percentage of applicable rate
in Part 1 of Appendix 2
Saturday, between 7.00am and midnight 50%
Saturday, between midnight and 7:00am (Sunday) 75%
Sunday, between 7.00am and midnight 75%
Sunday, between midnight and 7:00am (Monday) 100%
36.2 Friday Evening Shifts (from 1 March 2023 onwards)
(a) From 1 March 2023 onwards, hours worked on Friday between 6:00pm and
midnight will attract a shift penalty payment of 50% of the applicable rate in
Part 1 of Appendix 2.
36.3 The shift penalty payments under subclause 36.1 and Part 3 of Appendix 2 are paid in
addition to the minimum rates set out at Part 1 of Appendix 2 of the Agreement only.
Subject to clause 31, where a Doctor's actual contracted rate of pay is more than the
relevant rate set out at Part 1 of Appendix 2 of the Agreement, the Doctor will be entitled
under this Agreement to receive the contracted rate of pay, or the sum calculated in
accordance with subclause 36.1, whichever is the higher.
36.4 The payments required by subclause 36.1 may be averaged over a period of up to 12
months as part of an annualised salary.
36.5 This clause does not operate so as to provide an additional financial benefit to a Doctor
where a Health Service has previously agreed to provide the Doctor with a non-
monetary benefit expressly in compensation for shift work and the Doctor is not worse
off over all.
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PART F – ALLOWANCES AND RELATED MATTERS
37. Telephone allowance
Where a Health Service requires a Doctor to be on-call it will pay to maintain a
telephone and the Health Service will reimburse the subsequent rental charges on
production of receipted accounts. Where the Health Service provides a mobile
telephone or a message pager the benefits of this clause will not apply.
38. Uniforms
38.1 Each Doctor will be reimbursed for the cost of uniform clothing where:
(a) the Doctor's duties necessitate the wearing of uniform clothing; or
(b) it is the usual custom in the industry for a Doctor to wear uniform clothing.
38.2 Reimbursement under this clause need not be made if the Health Service provides the
relevant uniform clothing, which remains the property of the Health Service and must be
returned at the completion of the Doctor's period of service at that Health Service. For
the purposes of this clause, the Health Service may deem white coats to constitute a
uniform.
39. Laundry allowance
39.1 Each Doctor will be reimbursed for the cost of laundering uniform clothing.
39.2 Reimbursement under this clause need not be made if the Health Service launders the
relevant uniform clothing.
40. Travelling allowance
40.1 A Doctor who is required to use personal transport in the course of duties or is recalled
to work outside ordinary rostered hours and who uses personal transport from home to
the place of work and return, will receive an allowance at the rates specified in Table 2.2
of Appendix 2.
40.2 The onus of supporting the claim will lie with the Doctor.
40.3 A Doctor recalled who does not use personal transport will be provided at the expense
of the Health Service with suitable return transport.
41. Continuing Medical Education Support
41.1 Funded Support entitlement
(a) The entitlement for Full-time Doctors is for reimbursement of approved costs
(inclusive of the support at subclause 41.1(b) and subject to subclause
41.1(g) below) up to a value of the amounts set out in Table 2.1 of
Appendix 2.
(b) Where support was provided to Doctors prior to 1 July 2006 (including from
Private Practice Funds, Special Purpose Funds or similar funds), those
arrangements will be unchanged by this clause. This includes support that in
the absence of this clause would have normally been available to new
Doctors of a Health Service.
(c) The entitlement to funding support for Fractional Doctors is pro rata based on
the Doctor’s base fractional appointment (for each 0.1 fraction / 3.5 hours).
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(d) The entitlement to funding support for Internal Locum Doctors is pro rata of
full-time, based on the Doctor’s average weekly hours of work, calculated
over a financial year quarter, and notified to the Doctor in writing.
(e) Where a Doctor holds more than one Fractional or Internal Locum
appointment with a Health Service listed in Schedules 1 – 5 of the Health
Services Act, the total benefit available to the Doctor each year will not
exceed the full-time rates contained in subclause 41.1(a) and Table 2.1 of
Appendix 2.
(f) Subject to subclauses 41.2 and 41.3 below, funds will be paid to the Doctor
as a reimbursement of costs reasonably incurred for CME activities or
purposes directly relevant to the Doctor’s employment with the Health
Service.
(g) The funding provided for in this clause is a “benchmark” entitlement. A Chief
Medical Officer/delegate may approve higher levels of support dependent on
the monies available in the appropriate fund.
41.2 Reimbursable Expenses
(a) Pursuant to subclause 41.4, a Doctor is entitled to seek reimbursement for
CME related costs reasonably incurred such as:
(i) registration fees, reasonable travel, accommodation and per diem
expenses; and/or
(ii) reasonable expenses linked to approved Sabbatical Leave (in
accordance with clause 57 of this Agreement); and/or
(iii) registration costs of relevant Specialist Medical College or
Association (however titled or styled) in the medical field in which
the Doctor is credentialed and practising; and/or
(iv) costs related to short courses, workshops or post-graduate
courses recognised by the Speciality College for purposes of
accruing CME/CPD/MOPS points; and/or
(v) other costs such as books, CDs, Portable Technological Aids and
subscriptions except where such resources are provided by the
Health Service.
(b) In addition to any value of the Portable Technological Aids purchased and
reimbursed in accordance with subclause 41.2(a)(v) above, in any financial
year, a Doctor will, subject to the terms of this clause 41, be reimbursed for
costs for the purchase of information technology devices or accessories up to
a maximum value of $5,000 (pro-rata for Fractional Specialists) from within
amount set out in subclause 41.1(a), inclusive of any applicable Fringe
Benefits Tax, to be used to support or engage in Continuing Medical
Education activities.
(c) For the avoidance of doubt, the total value of the information technology
devices and accessories a Doctor can, subject to the terms of this clause 41,
seek reimbursement for in any financial year is $5,000 (or pro-rata for
Fractional Specialists) PLUS the value of any Portable Technological Aids
described at subclause 41.2(a)(v) above.
(d) Claims for reimbursement of costs incurred pursuant to subclause 41.2(b) will
be subject to reasonableness and necessity – that is, it will not be considered
reasonable or necessary for a Doctor to purchase and seek reimbursement
for substantially similar items (eg, notebook computers, tablets, mobile
phones, monitors, printers, etc.) in consecutive financial years.
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(e) Any unexpended component of the amount of CME Support set out at
subclause 41.2(b) above cannot be carried over into a subsequent financial
year.
41.3 Rates of Reimbursement
(a) Air travel costs incurred associated with CME activities will be reimbursed at
the rate of up to a return business class airfare for journeys of 3 hours or
more, or a return economy class airfare for journeys of less than 3 hours’
duration.
(b) Claims for private car use for travel associated with CME activities will be
reimbursed at the relevant rate per business kilometre published by the ATO
from time to time.
(c) Accommodation, meal and incidental expenses
(i) Accommodation, meal and incidental expenses will be paid
subject to the following:
A. Accommodation may be at the hosting hotel(s) or
elsewhere as is comparable for the conference/seminar
attended;
B. Meal and other incidental expenses with receipts or
otherwise as provided in accordance with subclause
41.4(e).
(d) Child care expenses
(i) Where the Doctor can establish they are the Primary Carer (as
defined in subclause 54.2(h)) and are responsible for the
child(ren) during the CME activity period, the Doctor will be paid a
fixed rate of $250 per day to facilitate the costs of child care whilst
undertaking a CME activity.
(ii) A Doctor must provide evidence that satisfies a reasonable person
(e.g. a Statutory Declaration) that the Doctor is the Primary Carer
(as defined in subclause 54.2(h)) and had responsibility for the
child(ren) during the CME activity period.
(iii) A Doctor is not required to produce evidence of costs incurred for
child care expenses where they can establish they are the Primary
Carer (as defined in subclause 54.2(h))and have responsibility for
the child(ren) during the CME activity period in accordance with
subclause 41.3(d)(ii).
41.4 Reimbursement
(a) Reimbursement may be claimed by a Doctor using a common simplified
claim form provided by the Health Service. An initial common simplified form
is set out as Appendix 3 of this Agreement.
(b) Claims are to be submitted to the Chief Medical Officer/delegate for approval
and, subject to subclause 41.4(e) below, must be accompanied by original
receipts and any other necessary supporting documentation, including for
FBT purposes (eg travel diary).
(c) Claims are to be submitted within the financial year in which the expense is
incurred, or otherwise within 3 months of the end of the financial year to
which they relate.
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(d) The Health Service will process claims for reimbursement that are
accompanied by original receipts and any other necessary supporting
documentation, including for FBT purposes (eg travel diary), in an
expeditious manner in accordance with the below:
Assessment Period
(i) Upon receipt of a claim for reimbursement, the Health Service is
provided 30 calendar days (not including the day of receipt or
Public Holidays) to assess the claim and determine whether any
item(s) are inconsistent with this clause and necessitate enquiry.
(ii) If the Health Service fails to advise the Doctor in writing of its
intention to reject the claim (in whole or in part) within the period
prescribed in subclause 41.4(d)(i), the Health Service must
reimburse the Doctor the full amount of the claim to the limit of the
Doctor’s outstanding CME balance within 45 calendar days of
receipt (not including the day of receipt or Public Holidays).
Enquiry Period
(iii) Where an item(s) is consistent with this clause, regardless of any
enquiries with accompanying items attached to the claim, the
Health Service must process the reimbursement of the compliant
item(s) within 45 calendar days of receipt (not including the day of
receipt or Public Holidays).
(iv) If the Health Service determines an item(s) is inconsistent with this
clause and necessitates enquiry, the Health Service must advise
the Doctor in writing of its intention to reject the claim (in whole or
in part) within the period prescribed in subclause 41.4(d)(i) and
provide the Doctor an opportunity to respond in writing.
Determination of Outcome
(v) Where, following the Doctor’s response in accordance with
subclause 41.4(d)(iv) above:
A. a Health Service determines the item(s) complies with
this clause the Doctor should be advised in writing by
the Health Service within seven calendar dates of
receipt of the Doctor’s response and the remaining
claim (in part) will be reimbursed within 45 days (not
including the day of receipt or Public Holidays) of
receipt of the Doctor’s response.
B. a Health Service determines the item(s) remain
inconsistent with this clause the Doctor should be
advised in writing by the Health Service within seven
calendar dates of receipt of the Doctor’s response and
the remaining claim (in part) rejected.
(vi) Where a Doctor disputes the determination of a Health Service in
accordance with this clause, the Doctor may raise a dispute in
accordance with the Dispute Resolution Procedure in clause 11 of
this Agreement.
(vii) Nothing within this clause limits the Health Service’s right to
immediately reject any claim that is not consistent with subclause
(b) and subclause (c).
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(e) In lieu of reimbursement of reasonable and substantiated expenses in
respect of meals and relevant incidentals, the Health Service will, if the
Doctor so elects,
(i) provide the Doctor with a taxable allowance prior to travel; or
(ii) provide the Doctor with a reimbursement following travel;
in accordance with the amounts set out in the relevant ATO tax determination
dealing with reasonable allowance amounts (currently Tax Determination
2017/19) which may be found on the ATO website at http://www.ato.gov.au.
(f) It will be expected that a Doctor will make his/her application for pre-payment
of daily travel allowance expenses no more than six weeks, and no less than
one week, prior to the commencement of the CME activity/travel.
(g) Such allowance will be assessable income in the hands of the Doctor under
the Income Tax Assessment Act 1997 (Cth), as amended or replaced from
time to time.
(h) The reimbursement of up to the per annum amounts described in subclause
41.1 is inclusive of any applicable Fringe Benefits Tax.
41.5 Special Carry-over
(a) Where a Doctor is prevented from utilising their CME Support Entitlement in a
particular financial year due to:
(i) parental leave in accordance with clause 54;
(ii) family/caring responsibilities;
(iii) personal illness or injury; or
(iv) other exceptional circumstances accepted as such by the Health
Service,
the Doctor may carry-over the unused component of their CME Support
Entitlement, in accordance with subclause 41.5(b), provided the Doctor has
provided the Health Service with evidence that would satisfy a reasonable
person.
(b) If the circumstances set out in subclause 41.5(a) apply to a Doctor in a
financial year, a Doctor’s CME Support Entitlement may be carried over in
accordance with and subject to the following provisions:
(i) If as at 30 June of the applicable financial year the Doctor has not
utilised some or all of their CME Support Entitlement for that
financial year, the Doctor may carry-over the unused component
of their CME Support Entitlement from that financial year into the
following financial year. For the avoidance of doubt, this means
that during the subsequent financial year, the Doctor is able to
utilise their CME Support Entitlement for that financial year
combined with any amount carried over from the previous financial
year.
(ii) In addition to subclause 41.5(b)(i), if as at 30 June of the
applicable financial year the Doctor:
A. is a Fractional Doctor; and
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B. has previously carried over some or all of their CME
Support Entitlement from a previous financial year in
accordance with this clause; and
C. has again been prevented from utilising CME Support
Entitlements for any of the reasons set out in subclause
41.5(a),
the Fractional Doctor may carry-over the unused component of
their CME Support Entitlement from the current financial year, as
well as any CME Support Entitlement carried over from the
previous financial year, into the following financial year.
(iii) The total amount of CME Support Entitlements that a Doctor may
accumulate in any one financial year is capped at an amount
equivalent to two years’ CME funding support at the full-time rates
contained in subclause 41.1(a).
(iv) For the avoidance of doubt, if:
A. a Doctor utilises this clause to carry-over into a new
financial year any unused CME Support Entitlement;
and
B. is not prevented from utilising the accumulated CME
Support Entitlements in that following financial year for
any of the reasons set out in subclause 41.5(a),
there will be no transfer of any unused CME Support Entitlement
into a subsequent financial year.
41.6 Other matters
(a) A Doctor will not be entitled to payout of any unused CME Support
Entitlement under this clause upon retirement, resignation, redundancy or
dismissal.
(b) There will be no transfer of any unused CME Support Entitlement between
Health Services. However, access to some funded support from the new
Health Service should not be unreasonably withheld, provided that the total
value of support provided by the relevant Health Services does not exceed
the per annum amounts described in subclause 41.1 in any one financial
year.
41.7 Any dispute in relation to the application of this clause may be dealt with through the
Dispute Resolution Procedure in clause 11 of this Agreement.
42. Childcare costs reimbursement
Where Doctors are required by a Health Service to work outside their ordinary rostered
hours of work and where less than 24 hours’ notice of the requirement to perform such
overtime work has been given by the Health Service, other than recall when placed on-
call, the Doctor will be reimbursed for reasonable childcare expenses incurred.
43. Provision of mobile phone or reimbursement of cost
When a Health Service requires a Doctor to be in telephone contact for work purposes,
the Health Service must provide a fully funded mobile phone for the Doctor’s work use;
or fully reimburse the Doctor for all reasonable and actual costs incurred by the Doctor
when making or receiving work related telephone calls.
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44. Insurance Allowance
44.1 Doctors who exercise rights of private practice in the course of their employment and
who pay across all or part of the income to the Health Service, a Special Purpose Fund
or a Private Practice Fund (including a "Dillon" or like fund) shall be paid an allowance to
assist to meet the costs of private Medical Indemnity Insurance.
44.2 The quantum of this insurance allowance for a Full-Time Doctor per annum is as per the
amounts set out in Table 2.3 of Appendix 2. For Fractional Doctors, the insurance
allowance is pro-rated based on the Doctor’s base fractional appointment as at the
dates specified in Table 2.3 of Appendix 2.
44A. Manager Allowance
44A.1 From the FFPPOA 11 April 2022, a Doctor who maintains an active clinical role within
the relevant speciality at the Health Service and is appointed by the Employer to the role
of:
(a) Deputy Director (or equivalent); or,
(b) Director (or equivalent); or,
(c) Program Director (or equivalent)
will be paid a weekly Manager Allowance equivalent to 2.5% of the minimum weekly
rate of pay applicable to the Doctor’s classification as provided in Part 1 of Appendix 2
of the Agreement (pro-rata for Fractional Doctors).
44A.2 Where a Doctor’s actual contracted rate of pay is:
(a) more than the relevant rate set out in Part 1 of Appendix 2 of the Agreement;
and/or
(b) the Doctor receives additional paid hours as compensation for their
management role, and the total of this amount is more than the relevant rate
set out in Part 1 of Appendix 2 of the Agreement
the Doctor will be entitled under this Agreement to receive the contracted rate of pay, or
the sum calculated in accordance with subclause 44A.1, whichever is the higher.
44B. Designated Location Bonus
44B.1 Application
(a) The purpose of the Designated Location Bonus is to support the recruitment
and retention of Doctors employed in Designated Locations in rural and
regional Victoria.
(b) A Designated Location Bonus is payable to a Doctor employed at a
Designated Location, subject to the conditions and eligibility terms set out in
this clause after the completion of each Eligible Year of Employment.
(c) In this clause 44B.:
(i) Designated Location means the Employers listed in subclause
44B.4of this clause
(ii) ‘employed at a Designated Location’ means employed at that
Designated Location listed at subclause 44B.4 by the Employer
who is either named as the Designated Location or who operates
the Designated Location.
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(iii) Eligible Year of Employment means the twelve month period
between anniversary dates of commencement at the Designated
Location.
44B.2 Eligibility
(a) Subject to the conditions and eligibility terms set out in this clause, a Doctor
employed at a Designated Location will receive the Designated Location
Bonus after the completion of an Eligible Year of Employment (pro-rata
(1/38th) for Fractional Doctors, not payable to Internal Locum Doctors.
(b) The Designated Location Bonus:
(i) is not payable where the Doctor is already in receipt of an
increased or accelerated base rate of pay, and/or is in receipt of a
‘top-up’ payment, specifically set to attract/retain the Doctor to/at
their location;
(ii) will be subject to offset/absorption, either in full or part, where the
Doctor is in receipt of remuneration in excess of the minimum
prescribed under this Agreement (including, amongst others,
Executive Specialists); and
(iii) is not payable where a Doctor’s engagement at a Designated
Location is because of a Rotation under the Doctors in Training
Agreement (regardless of how the rotation is structured in terms of
the employing entity) or other short-term arrangement.
44B.3 Quantum of Bonus
The Designated Location Bonus is as follows:
Date within which the end of their
Eligible Year of Employment falls
Designated Location Bonus
1 July 2023 – 30 June 2024 $9,000
1 July 2024 - 30 June 2025 $10,000
1 July 2025 – 30 June 2026 $12,000
Example:
A Doctor, who is paid per the wage schedule in the Agreement, commences
employment at a Designated Location on 1 March 2022, their first Eligible Year of
Employment ends on 1 March 2023, as there is no Designated Location Bonus for that
date, the Doctor will need to complete a further Eligible Year of Employment to be
eligible for the Designated Location Bonus.
On 1 March 2024, the Doctor finishes their second Eligible Year of Employment. As that
date falls within the 1 July 2023 – 30 June 2024 period, they are entitled to a $9,000
Designated Location Bonus.
Example:
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A Doctor is employed at a Designated Location from 1 March 2023 and is still employed
at the Designated Location on 1 March 2024, that period is the Eligible Year of
Employment. The Doctor is paid $20,000 above the relevant Agreement rate.
As the end of their Eligible Year of Employment is within the 1 July 2023 – 30 June
2024 period, they are entitled to a $9,000 Designated Location Bonus, however this is
absorbed into their above Agreement rate.
Example:
A Doctor is employed at a Designated Location from 1 March 2023 and is still employed
at the Designated Location on 1 March 2024, that period is the Eligible Year of
Employment. The Doctor is paid $5,000 above the relevant Agreement rate.
As the end of their Eligible Year of Employment is within the 1 July 2023 – 30 June
2024 period, they are entitled to a $9,000 Designated Location Bonus, as they receive
$5,000 above the relevant Agreement rate, this is offset against the $9,000 Designated
Location Bonus.
The Doctor will be entitled to the remaining $4,000 of the Designated Location Bonus.
44B.4 Designated Locations
The Designated Locations are as follows:
(a) Albury Wodonga Health (Wodonga Hospital only)
(b) Bairnsdale Regional Health Service;
(c) Central Gippsland Health Service;
(d) Echuca Regional Health;
(e) Gippsland Southern Health Service;
(f) Goulburn Valley Health
(g) Horsham Hospital;
(h) Mildura Base Public Hospital;
(i) Portland District Health;
(j) South West Healthcare;
(k) Swan Hill District Health;
(l) Western District Health Service;
(m) Bacchus Marsh Hospital;
(n) Bass Coast Health;
(o) North East Health Wangaratta; and
(p) West Gippsland Healthcare Group
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PART G – ACCOMMODATION AND FACILITIES
45. Board and lodging
Where a Doctor as a condition of employment is required by the Health Service to
reside in premises leased from the Health Service a deduction not exceeding $50.00 per
week may be taken from the Doctor’s wages as rental.
46. Breastfeeding
46.1 Paid break
Each Health Service will provide reasonable paid break time for a Doctor to express
breast milk for her nursing child each time such Doctor has need to express the milk, or
breastfeed the child within the workplace, for one year after the child’s birth.
46.2 Place to express or feed
Health Services will also provide a comfortable place, other than a bathroom, that is
shielded from view and free from intrusion from co-workers and the public, which may
be used by a Doctor to express breast milk or breastfeed a child in privacy.
46.3 Storage
Appropriate refrigeration will be available in proximity to the area for breast milk storage.
Responsibility for labelling, storage and use is with the Doctor.
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PART H – PUBLIC HOLIDAYS, LEAVE AND RELATED MATTERS
47. Annual leave
47.1 In accordance with the NES, a Doctor is entitled to four weeks’ annual leave and
Shiftworkers are entitled to five weeks’ annual leave. The remainder of this clause
contains additional provisions dealing with annual leave.
47.2 Doctors who are required by the Health Service to make themselves available to
participate in the Health Service’s On-Call roster, and regularly accept calls from the
Health Service, are entitled to five weeks’ annual leave (pro rata) each year.
47.3 A Shiftworker (as defined) is only entitled to a maximum of five weeks’ annual leave
each year.
47.4 Taking paid annual leave
Paid annual leave may be taken for a period agreed between the Doctor and the Health
Service.
47.5 Public holidays during annual leave
If a public holiday, as prescribed in this Agreement, falls within a period of annual leave,
then extra time equivalent to the public holiday is added to the Doctor's annual leave.
47.6 Proportionate leave on termination
A Doctor whose employment is terminated will be paid in respect of all accrued and
untaken paid annual leave entitlements.
Personal/carer's leave whilst on annual leave
(a) Personal/carer's leave during a period of annual leave is dealt with in the
NES.
47.7 Annual leave in advance
(a) A Health Service and Doctor may agree in writing to the Doctor taking a
period of paid annual leave before the employee has accrued an entitlement
to the leave.
(b) An agreement must state the amount of leave to be taken in advance and the
date on which leave is to commence
NOTE: An example of the type of agreement required by subclause 47.7 is
set out at Appendix 6 – Agreement to Take Annual Leave in Advance. There
is no requirement to use the form of agreement set out at Appendix 6 –
Agreement to Take Annual Leave in Advance.
(c) The Health Service must keep a copy of any agreement under subclause
47.7 as a record.
(d) If, on the termination of the Doctor’s employment, the Doctor has not accrued
an entitlement to all of a period of paid annual leave already taken in
accordance with an agreement under subclause 47.7, the Health Service
may deduct from any money due to the Doctor on termination an amount
equal to the amount that was paid to the Doctor in respect of any part of the
period of annual leave taken in advance to which an entitlement has not been
accrued.
47.8 Cashing out of annual leave
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(a) Paid annual leave must not be cashed out except in accordance with an
agreement under subclause 47.8.
(b) Each cashing out of a particular amount of paid annual leave must be the
subject of a separate agreement under subclause 47.8.
(c) A Health Service and a Doctor may agree in writing to the cashing out of a
particular amount of accrued paid annual leave by the employee.
(d) An agreement under subclause 47.8. must state:
(i) the amount of leave to be cashed out and the payment to be made
to the Doctor for it; and
(ii) the date on which the payment is to be made.
(e) An agreement under subclause 47.8 must be signed by the Health Service.
(f) The payment must not be less than the amount that would have been
payable had the Doctor taken the leave at the time the payment is made.
(g) An agreement must not result in the Doctor’s remaining accrued entitlement
to paid annual leave being less than 10 weeks.
(h) The maximum amount of accrued paid annual leave that may be cashed out
in any period of 12 months is 2 weeks.
(i) The Health Service must keep a copy of any agreement under subclause
47.8 as an employee record.
NOTE 1: Under section 344 of the Act, an employer must not exert undue influence or
undue pressure on an employee to make, or not make, an agreement under subclause
47.8.
NOTE 2: Under section 345(1) of the Act, a person must not knowingly or recklessly
make a false or misleading representation about the workplace rights of another person
under subclause 47.8.
NOTE 3: An example of the type of agreement required by subclause 47.8 is set out at
Appendix 7—Agreement to Cash Out Annual Leave. There is no requirement to use the
form of agreement set out at Appendix 7—Agreement to Cash Out Annual Leave.
47.9 Excessive annual leave accruals: general provision
(a) A doctor has an excessive leave accrual if:
(i) prior to 1 January 2023, the Doctor has accrued more than 15
weeks’ paid annual leave having regard to their current fraction; or
(ii) on or after 1 January 2023, the Doctor has accrued more than 10
weeks’ paid annual leave having regard to their current fraction.
(b) If a Doctor has an excessive leave accrual, the Health Service or the Doctor
may seek to confer with the other and genuinely try to reach agreement on
how to reduce or eliminate the excessive leave accrual.
(c) Subclause 47.10 sets out how a Health Service may direct a Doctor who
has an excessive annual leave accrual to take paid annual leave.
(d) Subclause 47.11 sets out how a Doctor who has an excessive leave accrual
may require a Health Service to grant paid annual leave requested by the
Doctor.
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47.10 Excessive annual leave accruals: Managing excess leave
(a) If a Health Service has genuinely tried to reach agreement with a Doctor
under subclause 47.9(b) but agreement is not reached (including because
the Doctor refuses to confer), the Health Service may require the Doctor by a
notice in writing to take one or more periods of paid annual leave. Any
discussions should take into account the Doctor’s workload and the
availability of suitable relief staff.
(b) However, the requirement by the Health Service under subclause 47.10(a):
(i) is of no effect if the doctor has made a request for leave in
accordance with subclause 47.10 and such request has been
declined in the previous 12 months; and
(ii) is of no effect if it would result at any time in the Doctor’s
remaining accrued entitlement to paid annual leave being less
than 6 weeks when any other paid annual leave arrangements
(whether made under subclauses 47.9, 47.10, or 47.11 or
otherwise agreed by the Health Service and Doctor) are taken into
account; and
(iii) must not require the Doctor to take any period of paid annual
leave of less than one week; and
(iv) must not require the Doctor to take a period of paid annual leave
beginning less than 8 weeks, or more than 12 months, after the
direction is given; and
(v) must not be inconsistent with any leave arrangement agreed by
the Health Service and Doctor.
(c) The Doctor must take paid annual leave in accordance with a notice under
subclause 47.9(a) that is in effect.
(d) A Doctor to whom a notice has been given under subclause 47.10(a) may
request to take a period of paid annual leave as if the notice had not been
given.
NOTE 1: Paid annual leave arising from a request mentioned in clause
47.10(d) may result in the direction ceasing to have effect. See subclause
47.11(b)(i).
NOTE 2: Under section 88(2) of the Act, the Health Service must not
unreasonably refuse to agree to a request by the Doctor to take paid annual
leave.
47.11 Excessive annual leave accruals: request by Doctor for leave
(a) If a Doctor has genuinely tried to reach agreement with a Health Service
under subclause 47.9(b) but agreement is not reached (including because
the Health Service refuses to confer), the Doctor may give a written notice to
the Health Service requesting to take one or more periods of paid annual
leave.
(b) However, a Doctor may only give a notice to the Health Service under
subclause 47.11(a) if:
(i) the Doctor has had an excessive leave accrual for more than 3
months at the time of giving the notice; and
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(ii) the Doctor has not been given a direction under subclause
47.10(a)that, when any other paid annual leave arrangements
(whether made under subclause 47.9, 47.10, or 47.11 or
otherwise agreed by the Health Service and Doctor) are taken into
account, would eliminate the Doctor’s excessive leave accrual.
(c) A notice given by a Doctor under subclause 47.10(a) must not:
(i) if granted, result in the employee’s remaining accrued entitlement
to paid annual leave being at any time less than 6 weeks when
any other paid annual leave arrangements (whether made under
subclause 47.9, 47.10, or 47.11 or otherwise agreed by the Health
Service and Doctor) are taken into account; or
(ii) provide for the Doctor to take any period of paid annual leave of
less than one week; or
(iii) provide for the Doctor to take a period of paid annual leave
beginning less than 8 weeks, or more than 12 months, after the
notice is given; or
(iv) be inconsistent with any leave arrangement agreed by the Health
Service and Doctor.
(d) A Doctor is not entitled to request by a notice under subclause 47.11(a) more
than 5 weeks’ paid annual leave in any period of 12 months.
(e) The Health Service must grant paid annual leave requested by a notice under
subclause 47.11(a).
48. Annual leave loading (Full-Time Doctors)
At the time of taking annual leave under clause 47, a Full-time Doctor will be paid a
loading of 17.5% of the weekly wage based on four weeks’ paid annual leave. Such
payments made are subject to a maximum payment of the equivalent of the Australian
Bureau of Statistics’ male average weekly total earnings for November of the year
proceeding the year in which the date of accrual occurs. Where the leave accrual is
less than for a full year, this maximum is applied on a pro rata basis.
49. Personal/carer’s leave
49.1 Paid personal/carer’s leave
(a) Paid personal/carer's Leave is available to a Doctor who is absent because
of:
(i) personal illness or injury;
(ii) personal illness or injury of an immediate family or household
member who requires the Doctor's care or support;
(iii) an unexpected emergency affecting an immediate family or
household member who requires the Doctor's care or support; or
(iv) the requirement to provide ongoing care and attention to another
person who is wholly or substantially dependent on the Doctor,
provided that the care and attention is not wholly or substantially
on a commercial basis.
(b) A Full-time Doctor is entitled to 10 working days’ paid personal/carer's leave
for each year of service (pro rata for Fractional Doctors).
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(c) In addition to, but separate from, personal/carer's leave under subclause
49.1(b), a Full-time Doctor is entitled to 18 working days' additional paid sick
leave due to personal illness or injury for each year of service (pro rata for
Fractional Doctors).
(d) A Doctor’s entitlement under this clause accrues progressively during a year
of service according to the Doctor’s ordinary hours of work and unused
personal/carer’s leave and additional paid sick leave accumulates from year
to year.
49.2 Immediate family or household
(a) The term immediate family means:
(i) a spouse, de facto partner, child, parent, grandparent, grandchild
or sibling of the Doctor; or
(ii) a child, parent, grandparent, grandchild or sibling of a spouse or
de facto partner of the Doctor.
49.3 Use of accumulated personal/carer’s leave
(a) This entitlement is subject to the following:
(i) Where practicable, the Doctor must notify the Health Service
before the start of the first shift from which the Doctor will be
absent. The Doctor must notify the Health Service of:
A. the reasons for the Doctor taking such leave; and
B. the estimated length of absence;
(ii) And additionally, in the case of carer’s leave:
A. the name of the person requiring care; and
B. the relationship of the person requiring care to the
Doctor.
(b) When practical, the Doctor must give the Health Service prior notice of their
intended absence due to carer’s leave. If not practical to provide prior notice,
the Doctor should, where possible, give notice by telephone at the first
opportunity on the day of the absence beginning. Notice should otherwise be
given in accordance with section 107(2)(a) of the Act
49.4 Transfer of unused personal leave accruals
Where a Doctor transfers from one Health Service to another, accumulated
personal/carer's leave and additional paid sick leave pursuant to subclause 49.1(c) (if
any) to the Doctor’s credit up to a maximum of two hundred and eighty working days will
be credited to the Doctor in his/her new employment. The onus of proving accumulated
personal/carer's leave and additional paid sick leave pursuant to subclause 49.1(c)
credit will rest with the Doctor, but a statement signed by an authorised Officer of the
Doctor’s former Health Service certifying the amount of accumulated personal/carer's
leave and additional paid sick leave pursuant to subclause 49.1(c) credit will constitute
acceptable proof.
49.5 Absence on public holidays
If the period during which a Doctor takes paid personal/carer's leave or additional paid
sick leave pursuant to subclause 49.1(c) includes a day or part-day that is a public
holiday in the place where the Doctor is based for work purposes, the Doctor is taken
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not to be on paid personal/carer's leave or additional paid sick leave pursuant to
subclause 49.1(c) on that public holiday.
49.6 Unpaid personal leave
Where a Doctor has exhausted all paid personal/carer’s leave entitlements, he/she is
entitled to take unpaid carer’s leave to provide care and support in the circumstances
outlined in subclause 49.1(a) (and subject to subclauses 49.3(a) and 49.7) of this
Agreement. The organisation and the Doctor will agree on the period. In the absence
of agreement the Doctor is entitled to take up to two days' unpaid carer’s leave per
occasion.
49.7 Evidence requirements – Personal Leave
Upon request, a Doctor must provide the Health Service evidence that would satisfy a
reasonable person that the leave taken is for a reason specified in this clause. The
Doctor is not entitled to take leave under this clause unless the Doctor provides such
evidence upon request.
50. Compassionate Leave
50.1 Amount of compassionate leave
(a) Doctors are entitled to 2 days’ compassionate leave on each occasion (a
permissible occasion) when
(i) a member of the Doctor’s immediate family or household:
A. contracts or develops a personal illness that poses a
serious threat to his or her life; or
B. sustains a personal injury that poses a serious threat to
his/her life; or
C. dies, or
(ii) a Stillborn Child is born, where the Stillborn Child would have
been a member of the Doctor’s immediate family, or a member of
the Doctor’s household, if the Stillborn Child had been born alive;
or
(iii) a Doctor, or a Doctor’s spouse or de facto partner, has a
miscarriage. This sub-clause 50.1 does not apply if the
miscarriage results in a Stillborn Child.
(b) If the permissible occasion is the contraction or development of a personal
illness, or the sustaining of a personal injury, the Doctor may take
the compassionate leave for that occasion at any time while the illness or
injury persists.
50.2 Taking compassionate leave
(a) A Doctor may take compassionate leave for a particular permissible occasion
if the leave is taken:
(i) to spend time with the member of the Doctor’s immediate family or
household who has contracted or developed the personal illness
or sustained the injury referred to above; or
(ii) after the death of the member of the Doctor’s immediate family or
household referred to above.
http://www8.austlii.edu.au/cgi-bin/viewdoc/au/legis/cth/consol_act/fwa2009114/s12.html#permissible_occasion
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http://www8.austlii.edu.au/cgi-bin/viewdoc/au/legis/cth/consol_act/fwa2009114/s12.html#compassionate_leave
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(b) Any unused portion of compassionate leave will not accrue from year to year
and will not be paid out on termination.
(c) Compassionate leave does not have to be taken consecutively.
(d) A Doctor may take unpaid compassionate leave by agreement with his or her
Health Service.
50.3 Evidence requirements
Upon request, a Doctor must provide the Health Service evidence that would satisfy a
reasonable person that the leave taken is for a reason specified in this clause. The
Doctor is not entitled to take leave under this clause unless the Doctor provides such
evidence upon request.
51. Fitness for Work
51.1 Fit for Work
(a) The Health Service is responsible for providing a workplace that is safe and
without risk to health for Doctors, so far as is reasonably practicable.
(b) Each Doctor is responsible for ensuring that they are fit to perform their
duties without risk to the safety, health and well-being of themselves and
others within the workplace. This responsibility includes compliance with
reasonable measures put in place by the Health Service and any related
occupational health and safety requirements.
(c) In the event the Doctor’s Health Service forms a reasonable belief as defined
at subclause 51.1(d) below that a Doctor may be unfit to perform their duties,
the Health Service will discuss their concerns with the Doctor in a timely
manner to promote physical, mental and emotional health so that Doctors
can safely undertake and sustain work.
(d) In this clause reasonable belief means a belief based on sufficient evidence
that supports a conclusion on the balance of probabilities.
(e) In this clause treating medical practitioner may, where relevant, also include
programs such as the Victorian Doctor’s Health Program, or a psychologist.
(f) The Health Service will:
(i) take all reasonable steps to give the Doctor an opportunity to
answer any concerns;
(ii) recognise the Doctor’s right to have a representative, including the
Association representative, at any time when meeting with the
Health Service;
(iii) genuinely consider the Doctor’s response with a view to promoting
physical, mental and emotional health so that Doctors can safely
undertake and sustain work; and
(iv) take these responses into account in considering whether
reasonable adjustments can be made in order that the Doctor can
safely undertake and sustain work.
(g) Where, after discussion with the Doctor, the Health Service continues to have
a reasonable belief that the Doctor is unfit to perform the duties, the Health
Service may request the Doctor’s consent to obtain a report from the Doctor’s
treating medical practitioner regarding the Doctor’s fitness for work. The
Doctor will advise the Health Service of the Doctor’s treating medical
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practitioner, and the Health Service will provide to the Doctor, in writing, the
concerns that form the basis of the reasonable belief to assist and a copy of
any correspondence to the Doctor’s treating medical practitioner.
(h) The Doctor will provide a copy of the report to the Health Service.
(i) The Health Service and Doctor will meet to discuss any report.
(j) If, on receipt of the report, the Health Service continues to have a reasonable
belief that the Doctor is unfit for duty, or the Doctor does not provide a report
from the treating medical practitioner, the Health Service may require the
Doctor to attend an independent medical practitioner.
(k) Where the Doctor attends a medical practitioner under either subclauses
51.1(g) or (j) above, the Health Service will:
(i) provide to the Doctor a copy of any correspondence to the medical
practitioner and any resulting report;
(ii) pay for the cost of the appointment and report where the Doctor
provides an invoice from the medical practitioner and evidence of
payment.
(iii) provide the Doctor with a copy of any medical report it receives on
the Doctor’s capacity or fitness for work;
(iv) provide the Doctor with paid leave to attend the medical
practitioner without deduction from paid leave accruals or
entitlements where the appointment occurs at a time the Doctor
would ordinarily be rostered to work; and
(v) reimburse the Doctor for return travel costs (see clause 40
(Travelling Allowance)) incurred for the distance between the
Doctor’s ordinary place of residence and the appointment.
(l) Where the Doctor is:
(i) directed to attend an appointment at a time the Doctor would not
ordinarily be rostered to work; or
(ii) the Doctor has no alternative but to attend an appointment at a
time the Doctor would not ordinarily be rostered to work;
the Doctor will be paid the ordinary rate of pay for reasonable time taken to
travel to and from the appointment and the time taken for the appointment.
(m) Nothing in this clause 51 prevents a Health Service from taking any
reasonable step to ensure a safe work environment in accordance with
applicable legislation and this Agreement.
(n) The Health Service will respect a Doctor’s privacy and ensure that any
personal information provided by the Doctor or a medical practitioner under
this clause 51 is kept confidential.
51.2 Reasonable Adjustments
(a) Where Doctors have a disability (whether permanent or temporary) the
Health Service is required to make reasonable adjustments to enable the
Doctor to continue to perform their duties, subject to subclause 51.2(b)
below.
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(b) A Health Service is not required to make reasonable adjustments if the
Doctor could not or cannot adequately perform the genuine and reasonable
requirements of the employment even after the adjustments are made.
51.3 Definitions
(a) Disability has the same meaning as section 4 of the EO Act and includes:
(i) total or partial loss of a bodily function; or
(ii) presence in the body of organisms that may cause disease;
(iii) total or partial loss of a part of the body; or
(iv) malfunction of a part of the body including a mental or
psychological disease or disorder, or condition or disorder that
results in a person learning more slowly than those without the
condition or disorder; or
(v) malformation or disfigurement of a part of the body; and,
(vi) includes a disability that may exist in the future (including because
of a genetic predisposition to that disability) and, to avoid doubt,
behaviour that is a symptom or manifestation of a disability;
(b) Reasonable adjustments has the same meaning as section 20 of the EO
Act and requires consideration of all relevant facts and circumstances
including:
(i) the Doctor’s circumstances, including the nature of the disability;
(ii) the nature of the Doctor’s role;
(iii) the nature of the adjustment required to accommodate the
Doctor’s disability;
(iv) the financial circumstances of the Health Service;
(v) the size and nature of the workplace and the Health Service’s
business;
(vi) the effect on the workplace and the Health Service’s business of
making the adjustment including the financial impact, the number
of persons who would benefit or be disadvantaged and the impact
on efficiency and productivity;
(vii) the consequences for the Health Service in making the
adjustment;
(viii) the consequences for the Doctor in not making the adjustment.
52. Prenatal leave
52.1 A Doctor required to attend pre-natal appointments or parenting classes that are only
available or can only be attended during the Doctor’s ordinary rostered shift may,
subject to provision of satisfactory evidence of attendance, access his or her personal
leave credit.
52.2 The Doctor must give the Health Service prior notice of the Doctor’s intention to take
such leave.
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53. Unpaid pre-adoption leave
53.1 A Doctor seeking to adopt a child is, on the production of satisfactory evidence if
required, entitled to unpaid leave for the purpose of attending any interviews or
examinations necessary to the adoption procedure.
53.2 The Doctor and the Health Service may agree on the length of the unpaid leave.
53.3 Where agreement cannot be reached, the Doctor is entitled to take up to two days
unpaid leave.
53.4 Where paid leave is available to the Doctor, the Health Service may require the Doctor
to take such leave instead.
54. Parental Leave
This clause deals with parental leave, including paid parental leave. The issue of
superannuation and parental leave (both paid and unpaid) is addressed at subclause
32.5.
54.1 Structure of clause
This clause is structured as follows:
(a) Definitions: subclause 54.2
(b) Long parental leave – unpaid: subclause 54.3
(c) Short parental leave – unpaid: subclause 54.4
(d) Paid parental leave: subclause 54.5
(e) Paid parental leave pooling in some circumstances: subclause 54.5A.
(f) Notice and evidence requirements: subclause 54.6
(g) Parental leave associated with the birth of a Child – additional provisions:
subclause 54.7
(h) Unpaid pre-adoption leave: subclause 54.8
(i) Where placement does not proceed or continue: subclause 54.9
(j) Special maternity leave: subclause 54.10
(k) Variation of period of unpaid parental leave up to 12 months: subclause
54.11
(l) Right to request extension of period of unpaid parental leave beyond 12
months: subclause 54.12
(m) Parental leave and other entitlements: subclause 54.13
(n) Transfer to a safe job: subclause 54.14
(o) Returning to work after a period of parental leave: subclause 54.15
(p) Replacement Doctors: subclause 54.16
(q) Communication during parental leave – organisational change: subclause
54.17
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(r) Keeping in touch days: subclause 54.18
Other provisions associated with parental leave are also included in this Agreement.
Specifically, prenatal leave at clause 52, flexible working arrangements which
includes the right to request to return from parental leave on a part-time basis at clause
14, leave to attend interviews and examinations relevant to adoption leave (pre-
adoption leave) at clause 53, and breastfeeding at clause 46.
54.2 Definitions
For the purposes of this clause:
(a) Child means:
(i) in relation to birth-related leave, a child (or children from a multiple
birth) of the Eligible Doctor or the Eligible Doctor’s Spouse; or
(ii) in relation to adoption-related leave, a child (or children) under 16
(as at the day of placement or expected day of placement) who is
placed or who is to be placed with the Eligible Doctor for the
purposes of adoption, other than a child or step-child of the
Eligible Doctor or of the Spouse of the Eligible Doctor or a child
who has previously lived continuously with the Eligible Doctor for a
period of six months or more (Adopted Child);
(iii) as the case requires, includes a Stillborn Child.
(b) Continuous Service includes continuous service with one and the same
Employer or continuous service with more than one Employer including
Institutions or Statutory Bodies as defined at subclause 3.1, and includes:
(i) any period of employment that would count as service under the
Act; and
(ii) Service as part of a specialist training program accredited by a
Specialist Medical College with an employer not covered by this
Agreement where the break between the period of employment is
not more than two months’ duration or such longer period as
provided in subclause 55.31.1(a)(i)B) (Allowable period of
absence for Parental Leave).
(c) Eligible Internal Locum Doctor means a Internal Locum Doctor Doctor that
has been employed by the Employer on a regular and systematic basis for a
sequence of periods of employment during a period of at least 12 months and
who has, but for the birth or expected birth of a Child or the decision to adopt
a Child, a reasonable expectation of continuing engagement by the Employer
on a regular and systematic basis.
(d) Eligible Doctor for the purposes of this clause 54 means a Doctor who has
at least six months’ Continuous Service or an Eligible Internal Locum Doctor
as defined above.
(d) Doctor Couple has the same meaning as under the Act.
(e) Flexible Long Parental Leave means the 30 days' unpaid parental leave an
Eligible Doctor may take under subclause 54.3(g) as part of their 52 weeks'
entitlement of Long Parental Leave.
(f) Long Parental Leave means the 52 weeks' parental leave an Eligible Doctor
may take under subclause 54.3. A person taking Long Parental Leave under
subclause 54.3(a)-(e) is the Primary Carer for this period for the purpose of
this clause.
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(g) Notional Flexible Period is the period during which the Eligible Doctor would
be on Flexible Long Parental Leave if the Eligible Doctor took leave for all of
the Eligible Doctor's notified flexible days in a single continuous period.
(h) Primary Carer means the person who has responsibility for the care of the
Child. Only one person can be the Child's Primary Carer on a particular day.
(i) Short Parental Leave means the up to eight weeks' concurrent parental
leave an Eligible Doctor who will not be the Primary Carer of a Child may
take under subclause 54.4 (Short Parental Leave – Unpaid).
(j) Spouse includes a person to whom the Eligible Doctor is married and a de
facto partner, former spouse or former de facto spouse of the Doctor. A de
facto Spouse means a person who lives with the Doctor as husband, wife or
same-sex partner on a bona fide domestic basis.
(k) Stillbirth means the delivery of a Stillborn Child.
(l) Stillborn Child means:
(i) a child who weighs at least 400 grams at delivery or whose period
of gestation was at least 20 weeks; and
(ii) who has not breathed since delivery; and
(iii) whose heart has not beaten since delivery.
54.3 Long Parental Leave – Unpaid
(a) An Eligible Doctor is entitled to 12 months' unpaid Long Parental Leave if:
(i) the leave is associated with:
(A) the birth of a Child (including a Stillbirth) of the Eligible
Doctor or the Eligible Doctor’s Spouse; or
(B) the placement of a Child with the Eligible Doctor for
adoption; and
(ii) the Eligible Doctor is the Primary Carer, or in the case of a
Stillbirth, the Eligible Doctor would have been the Primary Carer if
the Child had been born alive.
(b) Except as provided at subclause 54.3(g) (Flexible Long Parental Leave) and
subclause 54.18 (Keeping in Touch Days), the Eligible Doctor must take the
leave in a single continuous period.
(c) Where an Eligible Doctor is a member of a Doctor Couple, except as
provided at subclause 54.3(g) (Flexible Long Parental Leave) and 54.4 (Short
Parental Leave – Unpaid), parental leave must be taken by only one parent
of a Doctor Couple at a time in a single continuous period.
(d) Each member of a Doctor Couple may take a separate period of up to 12
months of Long Parental Leave. The period of Long Parental Leave will be
reduced by any period of Short Parental Leave taken by the Eligible Doctor.
(e) Subject to subclause 54.3(f), an Eligible Doctor may be able to extend a
period of unpaid parental leave in accordance with subclause 54.11
(Variation of period of unpaid parental leave (up to 12 months)).
(f) An Eligible Doctor’s entitlement to Long Parental Leave (other than Flexible
Long Parental Leave) will end on the first day that the Eligible Doctor takes
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Flexible Long Parental Leave. This means that if an Eligible Doctor intends
on taking a period of continuous unpaid parental leave, they must do so
before they take any Flexible Long Parental Leave.
(g) Flexible Long Parental Leave
(i) An Eligible Doctor may take up to 30 days of their Long Parental
Leave entitlement (Flexible Long Parental Leave) during the 24-
month period starting on the date of birth (including a Stillbirth) or
day of placement of the Child if the requirements of this subclause
are satisfied in relation to the leave.
(ii) The number of days of Flexible Long Parental Leave that the
Eligible Doctor takes must not be more than the number of flexible
days notified to the Employer under subclause 54.6(e)(iii) (subject
to any agreement under subclause 54.6(e)(iv)).
(iii) An Eligible Doctor must take the Flexible Long Parental Leave as:
A. a single continuous period of one or more days; or
B. separate periods of one or more days each.
(iv) An Eligible Doctor may take the Flexible Long Parental Leave
whether or not they have taken unpaid Long Parental Leave under
subclause 54.3(b).
(v) An Eligible Doctor may take Flexible Long Parental Leave after
taking one or more periods of unpaid Long Parental Leave under
subclause 54.3(b) only if the total of those periods (disregarding
any extension under subclause 54.11 or 54.12) is no longer than
12 months, less the Doctor's Notional Flexible Period, provided
that the calculation is based on the assumption that:
A. the Eligible Doctor ordinarily works each day that is not
a Saturday or Sunday; and
B. there are no public holidays during the period.
(vi) A member of a Doctor Couple (the first Doctor) may take Flexible
Long Parental Leave on the same day as the other member of the
Doctor Couple (the other Doctor) is taking unpaid Long Parental
Leave only if the total of all periods of unpaid parental leave the
first Doctor takes at the same time as the other Doctor is no longer
than 8 weeks.
(h) Hospitalised children – agreement to not take unpaid Long Parental
Leave
(i) If:
A. a Child is required to remain in hospital after the Child's
birth, or is hospitalised immediately after the Child's
birth, including because:
1) the Child was born prematurely; or
2) the Child developed a complication or
contracted an illness during the child's
period of gestation or at birth; or
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3) the Child developed a complication or
contracted an illness following the Child's
birth; and
B. a Doctor, whether before or after the birth of the Child,
gives notice in accordance with subclause 54.6 of the
taking of a period of unpaid parental leave (the original
leave period) in relation to the Child,
then the Doctor may agree with their Employer that the Doctor will
not take unpaid parental leave for a period (the permitted work
period) while the Child remains in hospital.
(ii) If the Doctor and Employer so agree, then the following rules have
effect:
A. the Doctor is taken to not be taking unpaid parental
leave during the permitted work period;
B. the permitted work period does not break the continuity
of the original leave period; and
C. the Doctor is taken to have advised the Employer, for
the purposes of subclause 54.6(b), of an end date for
the original leave period that is the date on which that
period would end if it were extended by a period equal
to the permitted work period.
(iii) The permitted work period must start after the birth of the Child.
(iv) The permitted work period ends at the earliest of the following:
A. the time agreed by the Employer and Doctor;
B. the end of the day of the Child's first discharge from
hospital after birth; or
C. if the Child dies before being discharged, the end of the
day the Child dies.
(v) Only one period of may be agreed to under subclause 54.3(h)(i)
for which the Doctor will not take unpaid parental leave in relation
to the Child.
(vi) The Doctor must, if required by the Employer, give the Employer
evidence (including without limitation, a medical certificate) that
would satisfy a reasonable person of either or both of the
following:
A. that subclause 54.3(h)(i)A applies in relation to the
child;
B. that the Doctor is fit for work.
54.4 Short Parental Leave – Unpaid
(a) This clause applies to an Eligible Doctor who is a member of a Doctor
Couple.
(b) An Eligible Doctor who will not be the Primary Carer of a Child may take up to
eight weeks’ leave concurrently with any parental leave taken by the parent
who will be the Primary Carer. Short Parental Leave may be taken in
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separate periods but, unless the Employer agrees, each period must not be
shorter than two weeks.
(c) The period of Short Parental Leave will be deducted from the period of Long
Parental Leave to which the Eligible Doctor is entitled under subclause 54.3
(if applicable).
54.5 Paid Parental Leave
(a) An Eligible Doctor commencing parental leave is entitled to paid parental
leave on the following basis:
(i) until 11 April 2022:
A. a Primary Carer taking Long Parental Leave will be
entitled to 10 weeks’ paid parental leave, provided that
the Long Parental Leave is taken contemporaneously
with the birth or placement of the Child (subject to
subclause 54.3(h), in which case the Doctor taking
Long Parental Leave may agree with the Employer that
the Doctor will not take Long Parental Leave during the
permitted work period while the Child remains
hospitalised); and
B. a non-Primary Carer taking Short Parental Leave will
be entitled to one week’s paid parental leave;
(ii) from 11 April 2022 onwards:
A. a Primary Carer taking Long Parental Leave will be
entitled to 14 weeks' paid parental leave, provided that
the Long Parental Leave is taken contemporaneously
with the birth or placement of the Child (subject to
subclause 54.3(h), in which case the Doctor taking
Long Parental Leave may agree with the Employer that
the Doctor will not take Long Parental Leave during the
permitted work period while the Child remains
hospitalised); and
B. a non-Primary Carer taking Short Parental Leave will
be entitled to two weeks' paid parental leave,
save that an Eligible Doctor is not entitled to both paid Long
Parental Leave and paid Short Parental Leave in respect of the
same birth or adoption event.
(b) Paid parental leave is in addition to any relevant Commonwealth Government
paid parental leave scheme (subject to the requirements of any applicable
legislation).
(c) The Employer and Eligible Doctor may reach agreement as to how the paid
parental leave under this Agreement is paid. For example, such leave may
be paid in smaller amounts over a longer period, consecutively or
concurrently with any relevant Commonwealth Government parental leave
scheme (subject to the requirements of any applicable legislation) and may
include a voluntary contribution to superannuation.
(d) Such agreement must be in writing and signed by the parties. The Eligible
Doctor must nominate a preferred payment arrangement at least four weeks
prior to the expected date of birth or date of placement of the Child. In the
absence of agreement, such leave will be paid during the ordinary pay
periods corresponding with the period of the leave.
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(e) Subject to subclauses 55.3(b)(viii) and 55.7 (in the case of long service
leave), a variation to the payment of paid parental leave resulting in, for
example, the paid leave being spread over more than 14 weeks does not
affect the period of continuous service recognised. For example, a Doctor
taking 28 weeks at half pay will, for the purpose of calculating continuous
service, have fourteen weeks of continuous service recognised. A Doctor
taking seven (7) weeks at double pay will have 14 weeks of continuous
service recognised.
(f) The paid parental leave prescribed by this clause will be concurrent with any
relevant unpaid entitlement prescribed by the NES / this Agreement.
54.5A Paid Parental leave pooling
(a) A Doctor who has an entitlement to paid parental leave under this clause 54
and whose spouse will have an entitlement to paid parental leave under this
clause or clause 67 of the Doctors in Training Agreement with respect to the
same child may pool the paid leave provided for at clause 54.5 (totalling 16
weeks) subject to:
(i) The Doctor and their spouse taking two (2) weeks paid parental
leave concurrently;
(ii) The paid leave being taken in one continuous period, even though
the primary carer may change during that period;
(iii) Where a Doctor wishes to pool the available paid leave, the
Doctor shall advise the Health Service of the name of their
spouse, the health service at which their spouse is employed, the
pooling arrangement in the written notice required at clause 54.6
(which requires at least 10 weeks’ written notice of the intention to
take parental leave); and
(iv) The paid leave pooling arrangement can only be amended by
consent of the Employer. Such consent will not be unreasonably
withheld.
(b) In the event that the Employer:
(i) is not satisfied that the proposed paid parental leave pooling
arrangement complies with this clause; and/or
(ii) has not been able to confirm the details of the application made by
the Doctor’s spouse with the other health service (where
applicable),
the Health Service will advise the Doctor in writing. The Doctor is entitled to
request a meeting, the purpose of which is to seek to resolve any concerns.
(c) In the event that the meeting does not resolve the concerns of either the
Health Service or the Doctor, either party may notify a dispute in accordance
with the Dispute Settlement Procedures of this Agreement.
54.6 Notice and evidence requirements
(a) Subject to subclause 54.6(e) (Notice – Flexible Long Parental Leave), a
Doctor must give at least 10 weeks’ written notice of the intention to take
parental leave, including the proposed start and end dates. At this time, the
Doctor must also provide a statutory declaration stating:
(i) that the Doctor will become either the Primary Carer or non-
Primary Carer of the Child, as appropriate;
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(ii) the particulars of any parental leave taken or proposed to be taken
or applied for by the Doctor’s Spouse; and
(iii) that for the period of parental leave the Doctor will not engage in
any conduct inconsistent with their contract of employment.
(b) Subject to subclause 54.6(e) (Notice – Flexible Long Parental Leave), at least
four weeks before the intended commencement of parental leave, the Doctor
must confirm in writing the intended start and end dates of the parental leave,
or advise the Employer of any changes to the notice provided in subclause
54.6(a), unless it is not practicable to do so.
(c) The Employer may require the Doctor to provide evidence which would
satisfy a reasonable person of:
(i) in the case of birth-related leave:
A. the date of birth, or expected date of birth, of the Child
(including without limitation, a medical certificate or
certificate from a registered midwife, stating the date of
birth or expected date of birth); and
B. if relevant, that their Child was stillborn (including
without limitation, a certification by a medical
practitioner or registered midwife of the child as having
been delivered); or
(ii) in the case of adoption-related leave, the commencement of the
placement (or expected day of placement) of the Child and that
the Child will be under 16 years of age as at the day of placement
or expected day of placement.
(d) A Doctor will not be in breach of this clause if failure to give the stipulated
notice is occasioned by the birth of the Child or placement occurring earlier
than the expected date or in other compelling circumstances. In these
circumstances the notice and evidence requirements of this clause should be
provided as soon as reasonably practicable.
(e) Notice requirements – Flexible Long Parental Leave
(i) If a Doctor wishes to take Flexible Long Parental Leave, the
Doctor must give notice to the Employer as follows:
A. where the Doctor also takes unpaid Long Parental
Leave or Short Parental Leave under subclauses 54.3
or 54.4 (the original leave);
1) at the same time as the Doctor gives notice
in accordance with subclause 54.6(a) in
relation to the original leave, unless
subclause 2) below applies; or
2) if the Doctor takes more than one period of
unpaid Short Parental Leave, at the same
time as the Doctor gives notice in
accordance with subclause 54.6(a) in
relation to the first of those periods of leave;
or
B. otherwise - at least 10 weeks before starting the
Flexible Long Parental Leave.
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(ii) If the Employer agrees, the notice may be given at a later time
than that specified in subclause 54.6(e)(i).
(iii) The notice under subclause 54.6(e)(i) must specify the total
number of days (Flexible Days) of Flexible Long Parental Leave
that the Doctor intends to take in relation to the Child.
(iv) If the Employer agrees, the Doctor may:
A. reduce the number of flexible days, including by
reducing the number of flexible days to zero; or
B. increase the number of flexible days, but not so as to
increase the number of flexible days above 30.
(v) The Doctor must give the Employer written notice of a flexible day
on which the Doctor will take Flexible Long Parental Leave:
A. at least 4 weeks before that day; or
B. if that is not practicable, as soon as practicable (which
may be a time after the leave has started).
(vi) If the Employer agrees, the Doctor may change a day on which
the Doctor takes Flexible Long Parental Leave from a day
specified in a notice under subsection 54.6(e)(vi).
54.7 Parental leave associated with the birth of a Child – additional provisions
(a) Subject to the limits on duration of parental leave set out in this Agreement
and unless agreed otherwise between the Employer and Eligible Doctor, an
Eligible Doctor who is pregnant may commence Long Parental Leave at any
time up to six weeks immediately prior to the expected date of birth.
(b) Six weeks before the birth
(i) Where a pregnant Eligible Doctor continues to work during the six
week period immediately prior to the expected date of birth, the
Employer may require the Eligible Doctor to provide a medical
certificate stating that she is fit for work and, if so, whether it is
inadvisable for her to continue in her present position because of
illness or risks arising out of the Eligible Doctor’s pregnancy or
hazards connected with the position.
(ii) Where a request is made under subclause 54.7(b)(i) and an
Eligible Doctor:
A. does not provide the Employer with the requested
certificate within seven days of the request; or
B. within seven days after the request, the Eligible Doctor
gives the Employer a medical certificate stating that the
Eligible Doctor is not fit for work,
the Employer may require the Eligible Doctor to commence their
parental leave as soon as practicable.
(iii) Where a request is made under subclause 54.7(b)(i) and an
Eligible Doctor provides a medical certificate that states that the
Eligible Doctor is fit for work but it is inadvisable for the Eligible
Doctor to continue in her present position during a stated period,
subclause 54.14 (Transfer to a safe job) will apply.
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54.8 Unpaid pre-adoption leave
Doctors’ entitlement to pre-adoption leave is set out at clause 53 (Pre-adoption leave).
54.9 Where placement does not proceed or continue
(a) Where the placement of the Child for adoption with an Eligible Doctor does
not proceed or continue, the Eligible Doctor must notify the Employer
immediately.
(b) Where the Eligible Doctor had, at the time, started a period of adoption-
related leave in relation to the placement, the Eligible Doctor’s entitlement to
adoption-related leave is not affected, except where the Employer gives
written notice under subclause 54.9(c).
(c) The Employer may give the Eligible Doctor written notice that, from a stated
day no earlier than four weeks after the day the notice is given, any untaken
long adoption-related leave is cancelled with effect from that day.
(d) Where the Eligible Doctor wishes to return to work due to a placement not
proceeding or continuing, the Employer must nominate a time not exceeding
four weeks from receipt of notification for the Eligible Doctor’s return to work.
54.10 Special maternity leave
(a) Entitlement to unpaid special birth-related leave
(i) A female Eligible Doctor is entitled to a period of unpaid special
leave if she is not fit for work during that period because:
A. she has a pregnancy-related illness; or
B. all of the following apply:
1) she has been pregnant; and
2) the pregnancy ends after a period of
gestation of at least 12 weeks otherwise
than by the birth of a living Child or a
Stillbirth.
(ii) A female Eligible Doctor who has an entitlement to personal leave
may, in part or whole, take personal leave instead of unpaid
special leave under this clause.
(iii) Where the pregnancy ends more than 28 weeks from the
expected date of birth of the Child, the Eligible Doctor is entitled to
access any paid and/or unpaid personal leave entitlements in
accordance with the relevant personal leave provisions.
(b) Entitlement to paid special birth-related leave
(i) A female Eligible Doctor is entitled to a period of paid special
leave if the pregnancy terminates at or after the completion of 20
weeks’ gestation or the Eligible Doctor gives birth but the baby
subsequently dies.
(ii) Paid special leave is paid leave not exceeding the amount of paid
leave available to Primary Carers under subclause 54.5(a)(i)A or
54.5(a)(ii)A (plus superannuation).
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(iii) Paid special leave is in addition to any unpaid special leave taken
under subclause 54.10(a)(i).
(iv) Paid leave available to non-Primary Carers under subclause
54.5(a)(i)B or 54.5(a)(ii)B will also apply in these circumstances.
(c) Evidence
If an Eligible Doctor takes leave under this clause the Employer may require
the Eligible Doctor to provide evidence that would satisfy a reasonable
person of the matters referred to in subclauses 54.10(a)(i) or 54.10(b)(i) or to
provide a certificate from a registered medical practitioner. The Eligible
Doctor must 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.
54.11 Variation of period of unpaid parental leave (up to 12 months)
(a) Where an Eligible Doctor has:
(i) given notice of the taking of a period of Long Parental Leave
under subclause 54.3; and
(ii) the length of this period of Long Parental Leave as notified to the
Employer is less than the Eligible Doctor’s available entitlement to
Long Parental Leave; and
(iii) commenced the period of Long Parental Leave; and
(iv) not taken a period of Flexible Long Parental Leave,
the Eligible Doctor may extend the period of unpaid parental leave (up to the
Eligible Doctor’s available entitlement to Long Parental Leave) by giving their
Employer notice in writing of the extension and specifying the new end date
for the leave. This one-off extension is to be notified as soon as possible but
no less than four weeks before the end date of the original leave period.
Nothing in this clause detracts from the basic entitlement in subclause 54.3
(Long Parental Leave – Unpaid) or subclause 54.12 (Right to request an
extension of period of unpaid parental leave beyond 12 months).
(b) If the Employer and Eligible Doctor agree, the Eligible Doctor may further
extend or reduce the period of parental leave.
54.12 Right to request an extension of period of unpaid parental leave beyond 12
months
(a) An Eligible Doctor entitled to Long Parental Leave pursuant to the provisions
of subclause 54.3 may request the Employer to allow the Eligible Doctor to
extend the period of Long Parental Leave by a further continuous period of
up to 12 months immediately following the end of the available parental leave
(b) Request to be in writing
The request must be in writing and must be given to the Employer at least
four weeks before the end of the available parental leave period.
(c) Response to be in writing
The Employer must give the Eligible Doctor a written response to the request
stating whether the Employer grants or refuses the request. The response
must be given as soon as practicable, and not later than 21 days, after the
request is made.
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(d) Refusal only on reasonable business grounds
The Employer may only refuse the request on reasonable business grounds.
(e) Reasons for refusal to be specified
If the Employer refuses the request, the written response must include details
of the reasons for the refusal.
(f) Reasonable opportunity to discuss
The Employer must not refuse the request unless the Employer has given the
Eligible Doctor a reasonable opportunity to discuss the request.
(g) Doctor Couples
Where a member of a Doctor Couple is requesting an extension to a period
of Long Parental Leave in relation to a Child:
(i) the request must specify any amount of Long Parental Leave that
the other member of the Doctor Couple has taken, or will have
taken in relation to the Child before the extension starts;
(ii) if the other member of the Doctor Couple has given notice of an
intention to take Flexible Long Parental Leave (in accordance with
subclause 54.6(e)), the request must specify the number of
flexible days that will not have been taken when the period of
extended leave commences;
(iii) the period of extension cannot exceed 12 months, less any period
of Long Parental Leave (other than Flexible Long Parental Leave)
that the other member of the Doctor Couple has taken, or will have
taken, in relation to the Child before the extension starts, as well
as a period equal to the other member's Notional Flexible Period
(if subclause 54.12(ii) applies above); and;
(iv) the amount of Long Parental Leave to which the other member of
the Doctor Couple is entitled under subclause 54.3 in relation to
the Child is reduced by the period of the extension.
(h) No extension beyond 24 months
An Eligible Doctor is not entitled to extend the period of Long Parental Leave
beyond 24 months after the date of birth or day of placement of the Child.
54.13 Parental leave and other entitlements
An Eligible Doctor may use any accrued annual leave or long service leave entitlements
concurrently with Long Parental Leave, save that taking that leave does not have the
effect of extending the period of Long Parental Leave.
54.14 Transfer to a safe job
(a) Where a Doctor is pregnant and provides evidence that would satisfy a
reasonable person that she is fit for work but it is inadvisable for the Doctor to
continue in her present position for a stated period (the risk period) because
of:
(i) illness or risks arising out of the pregnancy, or
(ii) hazards connected with the position,
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the Doctor must be transferred to an appropriate safe job if one is available
for the risk period, with no other change to the Doctor’s terms and conditions
of employment.
(b) Paid no safe job leave
If:
(i) subclause 54.14(a) applies to a pregnant Eligible Doctor but there
is no appropriate safe job available; and
(ii) the Eligible Doctor is entitled to Long Parental Leave; and
(iii) the Eligible Doctor has complied with the notice of intended start
and end dates of leave and evidence requirements under
subclause 54.6 for taking Long Parental Leave;
then the Eligible Doctor is entitled to paid no safe job leave for the risk period.
(c) If the Eligible Doctor takes paid no safe job leave for the risk period, the
Employer must pay the Eligible Doctor at the Eligible Doctor’s rate of pay set
out in Part 1 of Appendix 2 for the Eligible Doctor’s ordinary hours of work in
the risk period.
(d) This entitlement to paid no safe job leave is in addition to any other leave
entitlement the Eligible Doctor may have.
(e) If an Eligible Doctor, during the six week period before the expected date of
birth, is on paid no safe job leave, the Employer may request that the Eligible
Doctor provide a medical certificate within seven (7) days stating whether the
Eligible Doctor is fit for work.
(f) If, the Eligible Doctor has either:
(i) not complied with the request from the Employer under (e) above;
or
(ii) provided a medical certificate stating that she is not fit for work,
then the Eligible Doctor is not entitled to no safe job leave and the Employer
may require the Eligible Doctor to take parental leave as soon as practicable.
(g) Unpaid no safe job leave
If:
(i) subclause 54.14(a) applies to a pregnant Doctor but there is no
appropriate safe job available; and
(ii) the Doctor will not be entitled to Long Parental Leave as at the
expected date of birth; and
(iii) the Doctor has given the Employer evidence that would satisfy a
reasonable person of the pregnancy if required by the Employer
(which may include a requirement to provide a medical certificate),
the Doctor is entitled to unpaid no safe job leave for the risk period.
54.15 Returning to work after a period of parental leave
(a) An Eligible Doctor must confirm to the Employer that the Eligible Doctor will
return to work as scheduled after a period of Long Parental Leave at least
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four weeks prior to the end of the leave, or where that is not practicable, as
soon as practicable.
(b) An Eligible Doctor will be entitled to return:
(i) unless subclause 54.15(b)(ii) or subclause 54.15(b)(iii) applies, to
the position which they held immediately before proceeding on
parental leave;
(ii) if the Eligible Doctor was promoted or voluntarily transferred to a
new position (other than to a safe job pursuant to subclause
54.14), to the new position;
(iii) if subclause 54.15(b)(ii) does not apply, and the Eligible Doctor
began working part-time because of the pregnancy of the Eligible
Doctor, or their Spouse, to the position held immediately before
starting to work part-time.
(c) Subclause 54.15(b) is not to result in the Eligible Doctor being returned to the
safe job to which the Eligible Doctor was transferred under subclause 54.14.
In such circumstances, the Eligible Doctor will be entitled to return to the
position held immediately before the transfer.
(d) Where the relevant former position (per subclauses 54.15(b) and 54.15(c)
above) no longer exists, an Eligible Doctor is entitled to return to an available
position for which the Eligible Doctor is qualified and suited nearest in status
and pay to that of their pre-parental leave position.
(e) The Employer must not fail to re-engage an Eligible Doctor because:
(i) the Eligible Doctor or Eligible Doctor’s Spouse is pregnant; or
(ii) the Eligible Doctor or is or has been immediately absent on
parental leave.
(f) The rights of the Employer in relation to engagement and re-engagement of
Internal Locum Doctors are not affected, other than in accordance with this
subclause 54.15.
(g) Stillbirth or death of child – cancelling leave or returning to work
(i) In the event of a Stillbirth, or if a Child dies during the 24-month
period starting on the child's date of birth, then an Eligible Doctor
who is entitled to a period of unpaid parental leave in relation to
the Child may:
A. before the period of leave starts, give their Employer
written notice cancelling the leave; or
B. if the period of leave has started, give their Employer
written notice that the Doctor wishes to return to work
on a specified day (which must be at least 4 weeks
after the date on which the Employer receives the
notice).
(ii) Where notice under subclause 54.15(g)(i) is given, the Doctor's
entitlement to Long Parental Leave in relation to the Child ends:
A. if the action is taken under subclause 54.15(g)(i)A,
immediately after the cancellation of the leave; or
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B. if the action is taken under subclause 54.15(g)(i)B,
immediately before the specified day.
(iii) This subclause 54.15(g) does not limit subclause 54.11(b) (dealing
with the Doctor reducing the period of unpaid parental leave with
the agreement of the Employer).
(h) Doctor who ceases to have responsibility for care of Child
(i) This subclause applies to a Doctor who has taken unpaid Long
Parental Leave in relation to a Child if the Doctor ceases to have
any responsibility for the care of the Child for a reason other than
because:
A. of a Stillbirth; or
B. the Child dies during the 24-month period starting on
the child's date of birth.
(ii) The Employer may give the Doctor written notice requiring the
Doctor to return to work on a specified day.
(iii) The specified day:
A. must be at least 4 weeks after the notice is given to the
Doctor; and
B. if the leave is birth-related leave taken by a female
Doctor who has given birth, must not be earlier than 6
weeks after the date of birth of the Child.
(iv) The Doctor's entitlement to Long Parental Leave in relation to the
Child ends immediately before the specified day.
54.16 Replacement Doctors
(a) A replacement Doctor is a Doctor specifically engaged or temporarily
promoted or transferred, as a result of an Eligible Doctor proceeding on
parental leave.
(b) Before the Employer engages a replacement Doctor, the Employer must
inform that person of the temporary nature of the employment and of the
rights of the Eligible Doctor who is being replaced to return to their pre-
parental leave position.
54.17 Communication during parental leave – organisational change
(a) Where an Eligible Doctor is on parental leave and the Employer proposes a
change that will have a significant effect within the meaning of clause 9
(Consultation) of this Agreement on the Eligible Doctor’s pre-parental leave
position, the Employer will comply with the requirements of clause 9
(Consultation) which include but are not limited to providing:
(i) information in accordance with subclause 9.4; and
(ii) an opportunity for discussions with the Eligible Doctor and, where
applicable, the Eligible Doctor’s representative in accordance with
subclause 9.6.
(b) The Eligible Doctor will take reasonable steps to inform the Employer about
any significant matter that arises whilst the Eligible Doctor is taking parental
leave that will affect the Eligible Doctor’s decision regarding the duration of
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parental leave to be taken, whether the Eligible Doctor intends to return to
work and whether the Eligible Doctor intends to request to return to work on a
part-time basis.
(c) The Eligible Doctor will also notify the Employer of changes of address or
other contact details which might affect the Employer’s capacity to comply
with subclause 54.17.
54.18 Keeping in touch days
(a) This clause does not prevent an Eligible Doctor from performing work for the
Employer on a keeping in touch day while the Eligible Doctor is taking Long
Parental Leave. If the Eligible Doctor does so, the performance of that work
does not break the continuity of the period of Long Parental Leave.
(b) Any day or part of a day on which the Eligible Doctor performs work for the
Employer during the period of leave is a keeping in touch day if:
(i) the purpose of performing the work is to enable the Eligible Doctor
to keep in touch with their employment in order to facilitate a
return to that employment after the end of the period of leave;
(ii) both the Eligible Doctor and Employer consent to the Eligible
Doctor performing work for the Employer on that day; and
(iii) the day is not within:
A. if the Eligible Doctor suggested or requested that they
perform work for the Employer on that day – 14 days
after the date of birth, or day of placement, of the Child
to which the period of leave relates; or
B. otherwise – 42 days after the date of birth, or day of
placement, of the Child; and
(iv) the Eligible Doctor has not already performed work for the
Employer or another entity on ten days during the period of leave
that were keeping in touch days, subject to 54.18(d)(ii) below.
(c) The Employer must not exert undue influence or undue pressure on an
Eligible Doctor to consent to a keeping in touch day.
(d) For the purposes of subclause 54.18(b)(iv) the following will be treated as two
separate periods of unpaid parental leave (meaning that an Eligible Doctor
can work up to ten keeping in touch days during each period of leave):
(i) a period of Long Parental Leave taken during the Eligible Doctor’s
available parental leave period under subclause 54.3 (Long
Parental Leave – Unpaid) and 54.11 (Variation of period of unpaid
parental leave (up to 12 months)); and
(ii) an extension of the period of Long Parental Leave under
subclause 54.12 (Right to request an extension of period of unpaid
parental leave beyond 12 months).
(e) Subclause 54.18(a) does not apply in relation to the Eligible Doctor on and
after the first day on which the Doctor takes flexible unpaid parental leave in
relation to the Child.
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54.19 Reduction in hours following Parental Leave
(a) A Doctor may request a flexible working arrangement for reduced hours on a
permanent or temporary basis following a period of parental leave.
(b) The number of hours worked by the Doctor must be agreed at the
commencement of the period of reduced hours of employment and may be
varied subsequently by mutual agreement.
(c) A Doctor engaged on reduced hours will be paid an hourly rate equal to
1/38th of the weekly actual salary paid to the individual Doctor and will, for
the duration of any arrangement for reduced hours under this clause or
clause 14, continue to be entitled to any term of this Agreement that is
expressed as only applying to Full-Time Doctors save that any such
entitlement will apply on a pro-rata basis according to the number of hours
worked by the Doctor.
(d) Payments for shift work including on Saturday and Sundays (clause 36), and
Public Holidays (clause 56) also apply to Doctors on reduced hours.
(e) Where a Doctor on reduced hours has an entitlement to leave under this
Agreement, the Doctor will be paid according to the number of hours the
Doctor would have worked on the day/s on which the leave was taken.
(f) A Doctor may at any time elect to have their employment engagement under
this clause or clause 14 changed to a fractional basis on the same hours.
55. Long Service Leave
55.1 Definitions
The following meanings shall apply to the terms referred to below for the purposes of
this clause unless a contrary intention is apparent:
(a) Internal Locum means a Doctor classified or employed as such at the time
they apply for or commence long service leave;
(b) Fractional Doctor means a Doctor classified or employed as such at the
time they apply for or commence long service leave;
(c) Full-time Doctor means a Doctor classified or employed as such at the time
they apply for or commence long service leave;
(d) LSL Act means the Long Service Leave Act 2018 (Vic).
(e) Month means a calendar month.
(f) Pay means:
(i) for a Full-time Doctor, remuneration for a Doctor's normal weekly
hours of work calculated at their ordinary time rate of pay at the
time the leave is taken or (if they die before the completion of
leave so taken) as at the time of their death, and will include the
amount of any increase to the Doctor's ordinary time rate of pay
which occurred during the period of leave;
(ii) for a Fractional Doctor means the remuneration calculated on the
average of the Doctor's ordinary hours of work applying over the
two years of employment immediately preceding the taking of
leave; and
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(iii) for an Internal Locum Doctor, means the remuneration for the
Doctor's normal weekly hours of work at their ordinary pay
calculated in accordance with sections 15 and 16 of the LSL Act,
save that, in the case of Fractional Doctors and Internal Locum Doctors, any
averaging of normal weekly hours will be taken to exclude periods of
employment other than as a Doctor covered by this Agreement (or its
predecessors).
(g) Transfer of business occurs in the circumstances described at section 311
of the Act.
55.2 Entitlement
(a) Doctors are entitled to:
(i) six months' long service leave with Pay on completion of fifteen
years of Continuous Service (as defined at subclause 55.3(a)(ii));
and
(ii) thereafter an additional two months' long service leave with Pay
on completion of each additional five years of Continuous Service
(as defined at subclause 55.3(a)(ii)).
(b) Subject to subclause 55.4(d), the entitlement under subclause 55.2(a) may
be taken in advance on a pro rata basis if the Doctor has accrued Continuous
Service of at least:
(i) 10 years; or
(ii) from 1 July 2021/2022, 9 years; or
(iii) from 1 July 2022/2023, 8 years; or
(iv) from 1 July 2023/2024, 7 years.
55.3 Calculating Continuous Service
(a) Definitions:
(i) Allowable Period of Absence means the greater of:
A. five weeks in addition to the total period of paid annual
leave and/or personal leave that the Doctor actually
receives on termination, or for which they are paid in
lieu; or
B. such longer period of absence equivalent to and for the
purpose of parental leave under the NES.
(ii) Continuous Service means continuous service with the same
Health Service plus any prior continuous service of six months or
more with one or more Institutions or Statutory Bodies directly
associated with such Institutions.
(iii) Continuous Internal Locum Employment means, for the
purpose of subclause 55.3(b), a period or periods of employment
as an Internal Locum Doctor) with the same Health Service that
are taken to be continuous, because one of the following applies:
A. the period starting at the end of a particular instance of
employment and ending at the start of another
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particular instance of employment did not exceed the
greater of the Allowable Period of Absence (where
applicable), or 12 weeks;
B. the Doctor had been employed by a Health Service on
a regular and systematic basis and the Doctor had a
reasonable expectation of being re-engaged by the
same Health Service;
C. the gap between engagements was due to the terms of
engagement of the Internal Locum Doctor;
D. the gap between engagements was caused by
seasonal factors; or
E. the Doctor and Health Service agreed, before the start
of an absence, to treat the employment as continuous
despite the absence.
(b) Periods that count towards Continuous Service
Service or prior service during the following periods will be deemed to be
continuous and will count as Continuous Service for the purpose of
subclause 55.2(a):
(i) an absence from work on any form of paid leave (e.g. annual
leave, personal leave, long service leave and paid parental leave);
(ii) any interruption or ending of employment by the Health Service if
made with the intention of avoiding obligations in respect of long
service leave or annual leave;
(iii) any absence on account of illness or injury arising out of or in the
course of the employment for a period during which a Doctor is
receiving accident make-up pay under clause 34;
(iv) any absence from employment on defence service in accordance
with section 8 of the Defence Reserve Service (Protection) Act
2001 (Cth);
(v) a period of absence on community service leave under the Act;
(vi) service as part of a specialist training program accredited by a
Specialist Medical College with an employer not covered by this
Agreement where:
A. the break between the periods of employment is not
more than two months' duration or the Allowable Period
of Absence (whichever is longer); and
B. the Doctor has not received payment for their long
service leave benefit for that service;
(vii) in the case of Doctors who commenced employment with a
Victorian public Health Service after 30 November 2008, their prior
service with an interstate government health service, provided that
the break between ceasing employment with the interstate
government health service, and commencing employment with the
Victorian public Health Service, is no more than two calendar
months ;
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(viii) in the case of unpaid absences not otherwise referenced in this
subclause, subject to subclause 55.6:
A. any unpaid leave that is authorised in advance in
writing by the Health Service to count as service; or
B. up to the commencement date of this Agreement, any
unpaid absence from work on account of illness or
injury of not more than 14 days (in the case of a Full-
time Doctor) or 48 weeks (in the case of a Fractional
Doctor or Internal Locum Doctor); or
C. on and from the commencement date of this
Agreement:
1) any period of unpaid leave taken on account
of illness or injury;
2) a period of Parental Leave, including
Parental Leave that is extended under
subclause 54.12; and
3) the first 52 weeks of any other type of
unpaid leave not specifically referenced in
this subclause; and
(ix) in the case of Internal Locums:
A. periods of Continuous Casual Employment with the
current Health Service (whether or not in a role covered
by this Agreement); and
B. prior Continuous Casual Employment of six months or
more that was with one or more Institutions (or
Statutory Bodies directly associated with such
Institutions), subject to subclauses 55.5(c) and 55.9(a),
including any such periods of employment under the
DIT Agreement,
save that if long service leave was already taken or paid in lieu in respect of
any period referred to above, no further benefit to long service leave will arise
in respect of that period.
(c) Not counted as Continuous Service but Not Breaking Continuity of
Continuous Service
Unless otherwise agreed in writing in advance between the Health Service
and Doctor, the following periods do not break Continuous Service but do not
count towards a Doctor's Continuous Service for the purpose of calculating
the Doctor's long service leave entitlement:
(i) any authorised period of unpaid leave not referred to in subclause
55.3(b) (including any Parental Leave not covered by subclause
55.3(b)(i) 55.3(b)(viii)
(ii) subject to the requirements of the Act, any interruption arising
directly or indirectly from an industrial dispute;
(iii) in the case of Full-time Doctors and Fractional Doctors, any period
between the engagement with one Institution or Statutory Body
and another provided it is less than the Allowable Period of
Absence;
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(iv) the dismissal of a Doctor if the Doctor is re-employed by the same
Health Service within a period not exceeding two months from the
date of such dismissal;
(v) any absence on account of injury arising out of or in the course of
their employment not covered by a period in which the Doctor is
receiving accident make up pay or other paid leave;
(vi) any absence that is greater than the Allowable Period of Absence
that arises due to delays in obtaining the Doctor's specialist
registration through AHPRA;
(vii) any periods of up to 24 months' unpaid leave that are taken for
parental leave purposes, but that do not constitute Parental Leave
(and which are not covered by subclause 55.3(b)(i) and
(b)(viii)(viii); and
(viii) Service that lasts less than six months with the Department, any
Hospital, Benevolent Home, Community Health Centre, Society or
Association that is registered under the Health Services Act.
(d) Transfer of business
Where a Transfer of Business occurs, a Doctor who worked with the old
Health Service and who continues in the service of the new Health Service
will be entitled to count their service with the old Health Service as service
with the new Health Service for the purposes of this clause.
(e) Proof of sufficient aggregate of service
The onus of proving a sufficient aggregate of service to support a claim for
any long service leave entitlement will at all times rest upon the Doctor
concerned. A Certificate of Service in accordance with Appendix 4 will
constitute acceptable proof.
55.4 Taking of leave
(a) When leave is to be taken
A Doctor who is eligible to take long service leave under subclause 55.2(a)
must be granted long service leave within six months of the date eligibility
arose. By agreement, the taking of the leave may be postponed to such a
date mutually agreed.
(b) How leave is to be taken
(i) Doctors may request to take long service leave as a single
entitlement or in multiple separate periods, with each period being
not less than:
A. in the case of Full-time Doctors, 1 week; or
B. in the case of a Fractional Doctor or casual/Internal
Locum Doctors, 1 day.
(ii) By agreement, Doctors may also utilise their long service leave
entitlements as part of a Transition to Retirement in accordance
with clause 22.
(c) Payment for period of leave
(i) Payment will be made in one of the following ways:
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A. in full advance when the Doctor commences their
leave;
B. at the same time as payment would have been made if
the Doctor had remained on duty; or
C. in any other way agreed between the Doctor and the
Health Service.
(ii) Where a Doctor has been paid in advance, and an increase to the
Doctor's the ordinary time rate of pay occurs during the period of
long service leave taken, the Doctor will be entitled to receive
payment of the amount of any increase in pay at the completion of
such leave.
(d) Long service leave in advance
(i) If a Doctor has completed ten years' Continuous Service, a Health
Service may, by agreement with the Doctor, grant long service
leave in advance on a pro rata basis. The Health Service will not
unreasonably withhold agreement.
(ii) Supplementary to subclause 55.4(c)(i), if a Doctor requests to take
long service leave on a pro rata basis under subclause 55.2(b),
the Health Service must grant the Doctor's request to take long
service leave as soon as practicable after receiving the request
unless the Health Service has reasonable business grounds for
refusing the request.
(e) Flexible taking of leave: double leave at half pay
(i) A Health Service may approve an application by a Doctor to take
double the period of long service leave at half pay.
(ii) Doctors should seek independent advice regarding the taxation
and superannuation implications of seeking payment under this
subclause 55.4(e). The Health Service will not be held responsible
in any way for the cost or outcome of any such advice.
(iii) The Health Service, if requested by the Doctor, will provide
information as to the amount of tax the Health Service intends to
deduct where payment of long service leave is sought under
subclause 55.4(e)(i).
(iv) If granting the request under this subclause would result in an
additional cost to the Health Service, the Health Service may
refuse the Doctor's request.
(v) Flexible taking of long service leave does not affect a Doctor's
period of Continuous Service recognised. For example, a Doctor
taking 12 months of long service leave at half pay will, for the
purpose of calculating continuous service, have six months of
continuous service recognised. A Doctor taking three months at
double pay will have 6 months of Continuous Service recognised. In
either case service will not be broken.
55.5 Payment on termination of employment
(a) Basic entitlement at termination of employment
Except where an election is made under subclause 55.5(b) below, a Doctor
with an entitlement to long service leave under subclause 55.2 is entitled to
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payment in lieu of untaken long service leave upon termination of
employment, calculated one thirtieth of the period of Continuous Service.
(b) Election for payment of entitlement or transfer of entitlement at
termination
(i) A Doctor who has an entitlement to take long service leave on a
pro rata basis under subclause 55.2(b) (who therefore has less
than 15 years' continuous service) and who intends to be re-
employed by another Institution or Statutory Body may:
A. request in writing that payment for accrued long service
leave be deferred until after the Doctor’s Allowable
Period of Absence (as defined above) has expired; and
B. where the Doctor notifies the initial Health Service in
writing within the Allowable Period of Absence that the
Doctor has been employed as a Doctor by another
Institution or Statutory Body, the initial Health Service is
no longer required to make payment to the Doctor in
respect of such service.
(ii) Where the notice referred to at 55.5(b)(i)B is not provided prior to
or within the Allowable Period of Absence, the Health Service will,
upon the expiration of the allowable period of absence, make
payment in lieu of long service leave as per subclause 55.5(a).
(iii) For the removal of doubt, a Doctor who has an entitlement to take
long service leave under subclause 55.2(a) may not make an
election under this clause in respect of that entitlement.
(c) Payment in lieu of long service leave on the death of a Doctor
Where a Doctor who has an entitlement to long service leave (or pro rata
long service leave) under subclause 55.2 dies while still in the employ of the
Health Service, payment in lieu of long service leave will be made to the
Doctor’s personal representative equal to that in subclause 55.5(a) above.
55.6 Public holidays
Long service leave is inclusive of (not additional to) Public Holidays that occur during the
relevant period of leave.
55.7 Transitional Arrangements for Parental Leave taken after 1 November 2018 and
before the commencement date of this Agreement
Note 1: Unpaid Parental Leave taken prior to 1 November 2018 does not count as
Continuous Service unless otherwise agreed, per subclause 54.5(e).
Note 2: Unpaid Parental Leave taken after the commencement date of this Agreement
will constitute Continuous Service, per subclause 54.5(e).
(a) As an exception to subclause 55.3(b), a Doctor who took a period of unpaid
Parental Leave that included any part of the period between 1 November
2018 and the commencement date of this Agreement (inclusive) may make
an application to the Health Service to have that service recognised for Long
Service Leave purposes. The Health Service will approve the application and
provide to the Doctor an updated Certificate of Service reflecting the adjusted
service arrangements.
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(b) A Doctor electing to make an application under subclause 55.7(a) must make
the application to the Health Service no later than 6 months of the following
(whichever occurs last):
(i) the date on which this Agreement commences; or
(ii) the date on which the Doctor returns to work after the qualifying
period of unpaid Parental Leave
(c) This subclause 55.7 shall also apply to a Doctor in respect of a former Health
Service if the Doctor took a qualifying unpaid period of Parental Leave under
this clause while employed by that former Health Service.
55.8 Records
The Health Service will keep a long service leave record for each Doctor, containing
particulars of service, leave taken and payments made.
55.9 Protection of pre-existing entitlement
(a) No Doctor shall suffer any detriment as a result of the operation of this clause
to their entitlement to long service leave existing immediately prior to the
coming into force of this clause
56. Public Holidays
56.1 Entitlement to be Absent on a Public Holiday
A Doctor shall be entitled to paid time off (or penalty payments for time worked) in
respect of public holidays in accordance with this clause.
56.2 Public Holidays
(a) Subject to subclauses 56.4, 56.5 and 56.6, the public holidays to which this
clause applies are the days determined under Victorian law as public
holidays in respect of the following occasions:
(i) New Year’s Day, Australia Day, Christmas Day and Boxing Day;
and
(ii) Good Friday, the Saturday immediately before Easter Sunday
(Easter Saturday), Easter Monday, Anzac Day, Queen’s Birthday
and Labour Day; and
(iii) Melbourne Cup Day, or in lieu of Melbourne Cup Day, some other
day as determined under Victorian law for a particular locality; and
(iv) any additional public holiday declared or prescribed in Victoria or a
locality in respect of occasions other than those set out in
paragraph (i);
(v) if a day or days are not determined in respect of any of the
occasions those set out in subclauses (i), (ii) or (iii) under Victorian
law in any year, the public holiday for that occasion will be the day
or date upon which the public holiday was observed in the
previous year.
56.3 Applicability of penalty payments for some public holidays falling on a weekend
(a) When Christmas Day, Australia Day, Boxing Day, or New Year's Day (Actual
Day) is a Saturday or a Sunday, and a substitute or additional holiday is
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determined under Victorian law on another day in respect of any of those
occasions (Other Day):
(i) Weekend Workers shall receive penalty payments pursuant to
subclause 56.8 for time worked on the Actual Day or on the Other
Day if the Doctor does not work ordinary hours on the Actual Day;
and
(ii) All other Doctors will receive penalty payments pursuant to
subclause 56.8 for time worked on the Other Day.
(b) For the purpose of this clause only, a Weekend Worker is a Doctor who
works ordinary hours on a Saturday or Sunday.
56.4 Substitution of one public holiday for another - General
(a) A Health Service, with the agreement of the Association, may substitute
another day for any prescribed in this clause other than Christmas Day,
Boxing Day, New Year's Day and Australia Day as follows:
(i) A Health Service and its Doctors may agree to substitute another
day for any prescribed in this clause (other than Christmas Day,
Boxing Day, New Year's Day and Australia Day).
(ii) An agreement pursuant to paragraph (a) shall be recorded in
writing and be available to every affected Doctor.
(iii) The Association shall be informed of an agreement pursuant to
paragraph (a) and may within seven days refuse to accept it. The
Association will not unreasonably refuse to accept the agreement.
(iv) If the Association refuses to accept an agreement, the Health
Service, the Doctors and the Association will seek to resolve their
differences to their mutual satisfaction.
56.5 Substitution of Public Holidays – Clinical Academics
(a) Saved Provisions
(i) The following Health Services have provisions contained in Pre-
2013 Collective Agreements which substitute specified public
holidays for a Christmas / New Year closedown for Clinical
Academics and these provisions will be considered in the course
of the Review to be conducted in accordance with subclause 7.5:
A. Austin Health;
B. Melbourne Health;
C. Northern Hospital; and
D. Western Health.
(b) Facilitative provision
(i) A Clinical Academic and Health Service may agree to substitute
the Melbourne Cup, Labour Day and Queen's Birthday public
holidays for a five (5) day Christmas / New Year close down
period that includes Christmas Day and Boxing Day.
(ii) Where a Clinical Academic and Health Service agree to the
substitution under subclause 56.5(b)(i), the agreement will be
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reduced to writing and a copy provided to the affected Clinical
Academic.
56.6 Substitution of Religious Public Holidays
(a) Subject to the ongoing operational needs of the Health Service, a Doctor
may, with the prior agreement of the Health Service, substitute a public
holiday as defined in this clause with a nominated religious holiday that is not
a defined public holiday.
(b) Where a religious holiday is nominated to be a substitute and the Doctor
works on the defined public holiday they will be paid at ordinary time and will
be allowed time off on the nominated religious day without loss of pay.
Applications are to be made at least one month in advance of the date on
which the nominated religious holiday occurs, and the public holiday being
substituted.
56.7 Entitlement to be absent on a public holiday and reasonable request to work
(a) A Doctor is entitled to be absent from his or her employment on a day or part-
day that is a public holiday in the place where the Doctor is based for work
purposes. However, a Health Service may request a Doctor to work on a
public holiday provided the request is reasonable.
(b) If a Health Service requests a Doctor to work on a public holiday, the Doctor
may refuse the request if:
(i) the request is not reasonable; or
(ii) the refusal is reasonable.
(c) In determining whether a request, or a refusal of a request, to work on a
public holiday is reasonable, the following must be taken into account:
(i) the nature of the Health Service’s workplace or enterprise
(including its operational requirements), and the nature of the work
performed by the Doctor;
(ii) the Doctor’s personal circumstances, including family
responsibilities;
(iii) whether the Doctor could reasonably expect that the Health
Service might request work on the public holiday;
(iv) whether the Doctor is entitled to receive overtime payments,
penalty rates or other compensation for, or a level of remuneration
that reflects an expectation of, work on the public holiday;
(v) the type of employment of the Doctor (for example, whether full-
time, part-time or shift-work);
(vi) the amount of notice in advance of the public holiday given by the
Health Service when making the request;
(vii) in relation to the refusal of a request – the amount of notice in
advance of the public holiday given by the Doctor when refusing
the request; and
(viii) any other relevant matter.
(d) If a Doctor is absent from his or her employment on a day or part-day that is
a public holiday where the Doctor has ordinary hours of work on that day, the
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Health Service must pay the Doctor at the Doctor’s base rate of pay for the
Doctor’s ordinary hours of work on the day or part-day.
56.8 Penalty Payments in Respect of Public Holidays
(a) A Doctor who is requested to and does work on a day or part-day that is a
public holiday (or where Christmas Day, Boxing Day, New Year’s Day or
Australia Day fall on a weekend, the day to which penalty rates apply
pursuant to subclause 56.3) is entitled to be paid for the time worked:
(i) at the rate of 250%; or,
(ii) by mutual agreement, at single time and have 1.5 days added to
their annual leave.
(b) An Internal Locum who is requested to and does work on a day or part-day
that is a public holiday (or where Christmas Day, Boxing Day, New Year’s
Day or Australia Day fall on a weekend, the day to which penalty rates apply
pursuant to subclause 56.3) is entitled to be paid for the time worked at the
rate of 275%.
56.9 Public Holidays occurring on rostered days off or day off
(a) Subject to subclause 56.9(b), a Full-time Doctor will receive a sum equal to
one (1) day’s ordinary pay for public holidays that occur on their rostered day
off or other day off.
(b) Where on each occasion an Other Day (as defined) applies as a public
holiday in respect of that occasion, and:
(i) the Doctor is rostered off for both the Actual Day and the Other
Day (as defined), then only one day’s payment will be made under
subclause 56.9(a); or
(ii) the Doctor works only on one of either the Actual Day or the Other
Day (as defined), and receives penalty rates for the day worked,
the Doctor will not receive a payment under subclause 56.9(a) in
respect of the day not worked.
56.10 Annual leave on a public holiday
See clause 47 (Annual Leave).
56.11 Personal leave on a public holiday
See clause 49 (Personal/Carer’s Leave).
57. Sabbatical Leave
Note: A Doctor’s entitlement under this clause may be affected by clause 7 (Savings of Local
Agreements).
57.1 Definitions
For the purpose of this clause only, the following definitions apply:
(a) Salary or Wage means the Doctor’s salary or wage (including allowances) at
the time leave is taken;
(b) Service means, subject to subclause 57.2(c) of this Agreement, service from
the date of first entering employment with the Health Service or Statutory
Body (whether or not such Health Service or Statutory Body has been
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transmitted from one Health Service to another during the period such
employment), and includes all periods of paid leave including all periods
during which the Doctor was serving in Her Majesty’s Forces or was made
available by the Health Service or Statutory Body for National Duty
In calculating such aggregate service:
(i) any period of employment in any one Health Service of less than
six continuous months’ duration is disregarded.
(ii) service is deemed to be unbroken, but not counted towards
calculating aggregate service, in respect of any period of absence
from employment between an engagement with one Health
Service and another of five weeks’ or less (excluding all periods of
paid annual leave, long service leave or personal/carer’s leave);
and
(iii) Service, for the purpose of Sabbatical Leave is where the Doctor
has been engaged in medical undergraduate or postgraduate
teaching or research with a Health Service throughout that period;
(c) Relevant Period for the purpose of Sabbatical Leave means:
(i) six years’ continuous Service with one Employer as a Doctor;
(ii) six years’ continuous Service across two or more Employers as a
Doctor where the Doctor has at least three years’ continuous
service with their current Employer;
(iii) nine years’ continuous Service across two or more Employers as
a Doctor where the Doctor has at least two years’ continuous
service with their current Employer; or
(iv) twelve years continuous Service across two or more Employers as
a Doctor where the Doctor has at least six months’ continuous
service with their current Employer;
(d) Sabbatical Advisory Committee means a committee whose terms of
reference include the function of providing advice in relation to Applications
for Sabbatical Leave;
(e) Health Service has the same meaning as subclause 3.1(u) of this
Agreement;
(f) Application for Sabbatical Leave means an application made pursuant to
this clause.
57.2 General Terms
(a) Subject to the provisions set out in subclause 57.3 of this Agreement, a
Doctor may make an Application for Sabbatical Leave after the completion of
the Relevant Period where:
(i) the sole purpose of the Sabbatical Leave is to undertake a course
of study or research related to his or her work; and
(ii) the Doctor has been engaged in medical undergraduate or
postgraduate teaching or research with a Health Service
throughout that period;
(b) Sabbatical Leave may be taken in two periods of up to 13 weeks’ duration
which are taken within 2 years of each other.
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(c) The onus of proving a sufficient aggregate of service to support a claim for
sabbatical Leave will rest with the Doctor.
57.3 Entitlement
(a) Service with the same Employer for a period exceeding six years
(i) A Doctor who has been in the service of the same Health Service
for the Relevant Period specified in subclause 57.1(c)(i) of this
Agreement is entitled to a maximum of 26 weeks’ leave of
absence on full salary or wages for the purposes of undertaking a
period of approved Sabbatical Leave in accordance with this
clause.
(b) Service across multiple employers for a period exceeding six years
(i) A Doctor who is and has been in the service of one or more Health
Services (including any Statutory Body directly associated with
such Health Service or Health Services) for the Relevant Period
specified in subclause 57.1(c)(i) of this Agreement, is entitled to a
maximum of 26 weeks’ leave of absence on full salary or wages.
Example: A Doctor was employed at Hospital A as a Medical
Specialist for five years before terminating and immediately
commencing a new role at Hospital B as a Medical Specialist.
The Doctor, upon commencing at Hospital B will be have to
complete a further three years’ service before being eligible for
Sabbatical Leave.
(c) Where Sabbatical Leave is less than 26 weeks duration
(i) Subject to subclause 57.357.2(b), where a Doctor proceeds on
Sabbatical Leave of less than 26 weeks’ duration, the Doctor will
be deemed to have received his/her full entitlement under this
clause and he/she will not be entitled to claim an entitlement
representing (in part or in whole) the balance of the 26 weeks (if
any).
(ii) The absence of a Doctor on Sabbatical Leave will be prima facie
evidence that he/she has received his/her full entitlement under
this clause. Where Sabbatical Leave is taken in two periods of 13
weeks as allowed under subclause 57.2(b), the provisions of this
clause will apply to each 13 week period.
(d) Calculation of Relevant Period following Sabbatical Leave
(i) Where a Doctor has proceeded on Sabbatical Leave, a
subsequent Relevant Period as specified in subclause 57.1(c) of
this Agreement, will not commence to run until the date of the
Doctor’s return to duty following Sabbatical Leave.
(ii) Provided that where by mutual agreement a Doctor has delayed
the taking of Sabbatical Leave, that period of service between the
end of the Relevant Period and the taking of such leave will be
included as part of a subsequent Relevant Period.
57.4 Application for Sabbatical Leave
(a) The Doctor’s application for Sabbatical Leave must be in writing and contain:
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(i) adequate details of the proposed programme of study or research
and how it relates to the Doctor’s work; and
(ii) details of the Doctor’s engagement in medical undergraduate or
postgraduate teaching or research with a Health Service
throughout the Relevant Period.
57.5 Response of the Health Service
(a) Where a Doctor has made an Application for Sabbatical Leave in accordance
with subclause 57.4, the Employer will, within three months of the written
application being received, notify the Doctor in writing whether their
Application for Sabbatical Leave has been:
(i) approved as requested; or
(ii) approved with modifications or conditions; or
(iii) refused.
(b) Where the Application for Sabbatical Leave has been:
(i) approved as requested or
(ii) with modifications or conditions that are agreeable to the Doctor,
the Sabbatical Leave will be given as soon as practicable having regard to
the needs of the Health Service, but the taking of such leave may be
postponed to a mutually agreed date.
(c) Where the Application for Sabbatical Leave has been:
(i) approved with modifications or conditions that are not agreeable to
the Doctor; or,
(ii) refused,
the Health Service must provide their reasons in writing and the Doctor may
request that the Sabbatical Advisory Panel reviews the Application for
Sabbatical Leave and the Response of the Health Service and provide
advice.
57.6 Referral to the Sabbatical Advisory Panel
The Health Service and the Doctor must comply with the written advice of the Sabbatical
Advisory Committee except that it may be varied by mutual agreement between the
Health Service and the Doctor.
58. Leave to engage in Voluntary Emergency Management
Activities
58.1 A Doctor who engages in a voluntary emergency management activity with a recognised
emergency management body that requires the attendance of the Doctor at a time when
the Doctor would otherwise be required to be at work is entitled to leave for:
(a) time when the Doctor engages in the activity;
(b) reasonable travelling time associated with the activity; and
(c) reasonable rest time immediately following the activity.
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58.2 The Doctor must advise the Employer as soon as reasonably practicable if the Doctor is
requested to attend a voluntary emergency management activity and must advise the
Employer of the expected or likely duration of the Doctor’s attendance. The Doctor must
provide a certificate of attendance or other evidence of attendance as reasonably
requested by the Employer.
58.3 Recognised emergency management bodies include but are not limited to, the Country
Fire Authority, Red Cross, State Emergency Service and St John Ambulance.
58.4 A Doctor who is required to attain qualifications or to requalify to perform activities in an
emergency management body must be granted leave with pay for the period of time
required to fulfil the requirements of the training course pertaining to those qualifications,
provided that such training can be undertaken without unduly affecting the operations of
the Employer.
58.5 The leave under this clause will be paid up to two weeks, save that approval of paid
leave is subject to the operational requirements of the Employer resulting from any
emergency.
58.6 Nothing in this clause limits the ability of a Doctor to be absent from employment for
engaging in eligible community service activity in accordance with Division 8 of the Act.
Note: Under the Act, a Doctor who engages in an eligible community service activity is
entitled to be absent from employment without pay (or in some circumstances, with
pay). The relevant period consists of time engaged in the community service activity,
reasonable travel time and reasonable rest time. Eligible community service activity
means jury service, a voluntary emergency service management activity (such as
voluntary work relating to an emergency or natural disaster when performed for a
recognised emergency management body - as defined), or an activity prescribed from
time to time. There are particular notice requirements so that the employer is advised of
the forthcoming absence and how long it is expected to last. For jury service, there are
special rules about pay rates, there is a limit of 10 days' paid leave and jury service does
not apply to Internal Locum Doctors. Note also that any more generous State or
Territory community service leave entitlements may nevertheless apply.
58A. Absences on Defence Leave
58A.1 A Full-Time or Fractional Doctor absent on defence service will be reimbursed by the
Employer an amount equal to the difference between:
(a) the amount paid in respect of a period during which the Doctor was absent on
defence service; and
(b) the amount the Doctor could reasonably expect to have received from the
Employer as earnings for that period had the Doctor not been absent on
defence service.
58A.2 A Doctor will notify the Employer as soon as possible of the date they require absence
on defence service. The Doctor will give the Employer proof that the absence relates to
defence service, the duration of such absence and the amount received for the relevant
defence service period.
58A.3 In this clause 'absence on defence service' has the meaning contained in section 24A
of the Defence Reserve Service (Protection) Act 2001 (Cth).
Example: The Doctor is on Defence Service leave for the duration of a particular pay
period. Were the Doctor not on Defence Service leave in that pay period they would
have worked on the Sunday and Monday evening shift of each week of the pay period.
The Doctor is entitled to payment as though at work for each of the Sunday and
Monday evening shifts, less the amount of payment (not including reimbursements)
from the Defence Service for the equivalent time of the Sunday and Monday evening
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shifts.
58B. Special Disaster Leave
58B.1 Special disaster leave of up to 3 days per calendar year is payable where:
(c) the Doctor is a full time or Fractional Doctor;
(d) Personal Leave is not available either because the Doctor has exhausted the
accrual or the circumstance does not qualify for Personal Leave; and
(e) the Doctor is unable to attend work due to a disaster (such as fire or flood)
where:
(i) the Doctor's residence is damaged or under imminent threat of
major damage;
(ii) the lives or safety of their immediate family or household members
are threatened; or
(iii) there is a formal closure, flooding or other unusual danger of the
use of a road(s) which is the Doctor's normal travel route to work
and no alternative practicable travel route is available.
58B.2 Special disaster leave is non-cumulative.
59. Continuing Medical Education Leave
59.1 Eligibility
Continuing Medical Education (CME) Leave is available to Full-Time and Fractional
Doctors.
59.2 Leave entitlement:
Doctors are entitled to 2 weeks leave (pro rata for Fractional Doctors) for relevant CME
Leave each year on full pay unless the Chief Medical Officer/delegate approves a
greater entitlement in writing. Such entitlement shall accumulate to a maximum of two
years of entitlement (4 weeks, pro rata) unless otherwise approved in writing by the
Health Service’s Chief Medical Officer/delegate.
(a) For the purposes of this clause, a “week” is defined as the normal hours/days
worked by the Doctor consistent with this Agreement or Contract or Letter of
Appointment.
(b) This entitlement to CME Leave wholly replaces any previous entitlement to
Conference Leave or any other paid study or CME Leave (other than
Sabbatical Leave or CME Leave accrued under the 2018 ) provided.
(c) The payment entitlement for CME Leave for Doctors employed on a
Fractional basis will be in accordance with their Fractional allocation.
59.3 Applying for and Granting of Leave:
(a) Subject to agreement otherwise, applications for leave will be made at least
four weeks in advance in writing to the Chief Medical Officer or Delegate.
(b) Approval will not be unreasonably withheld.
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(c) The Doctor may be required to report to the Health Service’s executive
and/or to the medical cohort on the knowledge or skills acquired by
undertaking the approved CME activity.
59.4 Clinical Academics
(a) For the avoidance of doubt, the attendance of a Clinical Academic at a
conference to deliver medical education is not a CME activity and no
deduction from the leave entitlements under this clause shall occur in those
circumstances.
(b) The approval and attendance of a Clinical Academic at a conference to
deliver medical education in paid time shall be agreed between the Clinical
Academic, Health Service and relevant University unless it is a requirement
of the University to attend.
60. Family Violence Leave
NOTE: Family member is defined in section 8 of the Family Violence Protection Act
2008 (Vic) and is broader than the definition of immediate family in subclause 49.2.
60.1 General Principle
(a) Each Health Service recognises that Doctors sometimes face situations of
violence or abuse in their personal life that may affect their attendance or
performance at work. Therefore, each Health Service is committed to
providing support to staff that experience family violence.
(b) Leave for family violence purposes is available to Doctors who are
experiencing family violence and also to allow them to be absent from the
workplace to attend counselling appointments, medical appointments, legal
proceedings or appointments with a legal practitioner and other activities
related to, and as a consequence of, family violence.
60.2 Definition of Family Violence
For the purposes of this clause, family violence is as defined by the Family Violence
Protection Act 2008 (Vic) which defines family violence at section 5, in part, as follows:
(a) behaviour by a person towards a family member of that person if that
behaviour:
(i) is physically or sexually abusive; or
(ii) is emotionally or psychologically abusive; or
(iii) is economically abusive; or
(iv) is threatening; or
(v) is coercive; or
(vi) in any other way controls or dominates the family member and
causes that family member to feel fear for the safety or wellbeing
of that family member or another person; or
(b) behaviour by a person that causes a child to hear or witness, or otherwise be
exposed to the effects of, behaviour referred to in subclause (a) above.
60.3 Eligibility
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(a) Paid leave for family violence purposes is available to all Doctors with the
exception of Internal Locum Doctors.
(b) Internal Locum Doctors are entitled to access leave without pay for family
violence purposes.
60.4 General Measures
(a) Evidence of family violence may be required and can be in the form an
agreed document issued by the Police Service, a Court, a registered health
practitioner, a Family Violence Support Service, district nurse, maternal and
child health nurse or Lawyer. A signed statutory declaration can also be
offered as evidence.
(b) All personal information concerning family violence will be kept confidential in
line with the Health Service’s policies and relevant legislation. No information
will be kept on a Doctor’s personnel file without their express written
permission.
(c) No adverse action will be taken against a Doctor if their attendance or
performance at work suffers as a result of experiencing family violence.
(d) The Health Service will identify contact/s within the workplace who will be
trained in family violence and associated privacy issues. The Health Service
will advertise the name of any Family Violence contacts within the workplace.
(e) A Doctor experiencing family violence may raise the issue with their
immediate supervisor, Family Violence contacts, Ambassador or nominated
Human Resources contact. The immediate supervisor may seek advice from
Human Resources if the Doctor chooses not to see the Human Resources or
Family Violence contact.
(f) Where requested by a Doctor, the Human Resources contact will liaise with
the Doctor’s manager on the Doctor’s behalf, and will make a
recommendation on the most appropriate form of support to provide in
accordance with subclause 60.5 and subclause 60.6.
(g) The Health Service will develop guidelines to supplement this clause and
which details the appropriate action to be taken in the event that a Doctor
reports family violence.
60.5 Leave
(a) A Doctor experiencing family violence will have access to 20 days per year of
paid special leave (pro rata for part time Doctors) following an event of family
violence and for related purposes such as counselling appointments, medical
appointments, legal proceedings or appointments with a legal practitioner and
other activities related to, and as a consequence of, family violence (this
leave is not cumulative but if the leave is exhausted consideration will be
given to providing additional leave). This leave will be in addition to existing
leave entitlements and may be taken as consecutive or single days or as a
fraction of a day and can be taken without prior approval.
(b) A Doctor who supports a person experiencing family violence may utilise their
personal/carer's leave entitlement to accompany them to court, to hospital, or
to care for children. The Health Service may require evidence consistent with
subclause 60.4(a) from a Doctor seeking to utilise their personal/carer’s leave
entitlement.
60.6 Individual Support
(a) In order to provide support to a Doctor experiencing family violence and to
provide a safe work environment to all Doctors, the Health Service will
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approve any reasonable request from a Doctor experiencing family violence
for:
(i) temporary or ongoing changes to their span of hours or pattern or
hours and/or shift patterns;
(ii) temporary or ongoing job redesign or changes to duties;
(iii) temporary or ongoing relocation to suitable employment;
(iv) a change to their telephone number or email address to avoid
harassing contact;
(v) any other appropriate measure including those available under
existing provisions for family friendly and flexible work
arrangements.
(b) Any changes to a Doctor’s role should be reviewed at agreed periods. When
a Doctor is no longer experiencing family violence, the terms and conditions
of employment may revert back to the terms and conditions applicable to the
Doctor’s substantive position.
(c) A Doctor experiencing family violence will be offered access to the Doctor
Assistance Program (EAP) and/or other available local Doctor support
resources. The EAP will include professionals trained specifically in family
violence.
(d) A Doctor that discloses that they are experiencing family violence will be
given information regarding current support services.
61. Replacement of Doctors when on leave
61.1 Where a Doctor is absent on planned or unplanned leave, the Health Service will
replace the Doctor if not replacing will result or will likely result in an unreasonable
workload.
61.2 Except where the Health Service has already decided to replace the Doctor on leave,
the Health Service must, as soon as practicable in the circumstances and with no less
than two weeks’ notice where there is already notice of the leave, consult with Doctors
affected by the absence regarding the workload impact when considering a replacement
for a Doctor on leave. The Health Service will record the outcome of this consultation in
writing (for example, as an email to the affected Doctors).
61.3 Where a Doctor on leave is replaced, the Health Service is responsible for finding the
replacement.
61.4 For the purpose of this clause, ‘unreasonable workload’ means being unable to perform
all aspects of their position and/or role during their ordinary hours of work, informed by
consultation in writing with the affected Doctor/s.
61.5 If replacement of a Doctor is not possible, the Health Service must take reasonable
steps to manage the workload of the remaining team. This could include re-prioritisation
or amendments to services.
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PART I – UNION MATTERS AND BEST PRACTICE EMPLOYMENT
COMMITMENT
62. Union Matters
62.1 Access to Doctors – General
The Association will have access to Doctors for any process arising under this
Agreement.
62.2 Access to Doctors – Electronic communication
A Health Service will ensure that:
(a) emails from the Association domain name are not blocked or restricted by or
on behalf of the Health Service, except in respect of any individual Doctor
who has made a written request to the Health Service to block such emails;
(b) emails from Doctors to the Association are not blocked or restricted by or on
behalf of the Health Service;
(c) access from Health Service computers and like devices to Association
websites and online information is not blocked, or limited; and
(d) where a genuine security concern arises regarding the above, the Health
Service will immediately notify the Association to enable the security concern
to be addressed.
62.3 Access to Doctors – Orientation
(a) The Association may attend and address new Doctors as part of orientation /
induction programs for new Doctors, provided that any attendance for the
purposes of discussions with the Doctors meets the right of entry
requirements under Part 3-4 of the Act (Entry Requirements). The details of
such attendance will be arranged by the Health Service in consultation with
the Association.
(b) A Health Service will advise the Association of the date, time and location of
orientation / induction programs not less than 14 days prior to the orientation /
induction program.
(c) Those covered by this Agreement acknowledge the increasing role that
technology plays in orientation / induction. A Health Service and Association
may agree to an alternative means by which the Association can access new
Doctors including where orientation / induction programs are conducted on-
line or the Association cannot reasonably attend, provided that such access
is consistent with the Entry Requirements.
62.4 AMA / ASMOF Ambassador (Ambassador) and Health & Safety Representatives
NOTE: Additional rights of HSRs are contained in the OHS Act.
(a) In this subclause 62.4, Representative means an Ambassador or HSR.
(b) A Representative is entitled to reasonable time release from duty to:
(i) attend to matters relating to industrial, occupational health and
safety or other relevant matters such as assisting with grievance
procedures and attending committee meetings;
117
(ii) access reasonable preparation time before meetings with
management or disciplinary or grievance meetings with a member
of the Association;
(iii) appear as a witness or participate in conciliation or arbitration,
before the FWC;
(iv) present information on the Association at orientation sessions for
new Doctors.
(c) A Representative required to attend management or consultative meetings
outside of paid time will be paid to attend.
(d) A Representative will be provided with access to facilities such as
telephones, computers, email, noticeboards and meeting rooms in a manner
that does not adversely affect service delivery and work requirements of the
Health Service. In the case of an HSR, facilities will include other facilities as
necessary to enable them to perform their functions as prescribed under the
OHS Act.
62.5 Noticeboard
(a) A noticeboard for the Association’s use will be readily accessible in each
ward/unit/work area or nearest staff room where persons eligible to be
members of the Association are employed.
(b) The Association and members covered by this Agreement will, during the life
of this Agreement, consult over the development of an electronic noticeboard
managed by the Association.
62.6 Meeting Space
In the absence of agreement on a location for the holding of Association meetings, the
room where one or more of the Doctors who may participate in the meeting ordinarily
take meal or other breaks will be the meeting room for the purpose of Association
meetings. Nothing in this clause is intended to override the operation of the Act.
62.7 Secondment to the Association
A Health Service will, on application, grant leave without pay to a Doctor for the purpose
of secondment or other arrangement to work for the Association subject to the Health
Service’s reasonable operational requirements.
62.8 Doctors holding official positions with the Association
A Health Service will, on application by the Association, grant leave without loss of pay
to a Doctor for the purpose of fulfilling their duties as an official of the Council or
Executive body of the Association. For a member of the AMA/ASMOF Council, this
currently involves 4 meetings per year (plus travel time). For AMA/ASMOF Executive
Council members this involves an additional 12 meetings (plus travel time).
62.9 Association Training
NOTE: A HSR may be entitled to any training in accordance with the OHS Act rather
than, or in addition to, this clause.
(a) Subject to the conditions in this subclause 62.9, Doctors selected by the
Association to attend training courses on industrial relations and/or health
and safety will be entitled to a maximum of five days’ paid leave per calendar
year per Doctor.
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(b) Leave in excess of five days and up to ten days may be granted in a calendar
year subject to the total leave being granted in that year and in the
subsequent year not exceeding ten days.
(c) The granting of leave will be subject to the Health Service’s operational
requirements. The granting of leave will not be unreasonably withheld.
(d) Leave under this subclause is granted on the following conditions:
(i) applications are accompanied by a statement from the Association
advising that it has nominated the Doctor or supports the
application:
(ii) the training is conducted by the Association, an association of
unions or accredited training provider; and
(iii) the application is made as early as practicable and not less than
two (2) weeks before the training.
(e) The Doctor will be paid the Doctor’s ordinary pay for normal rostered hours
but excluding shift work, overtime and other allowances.
(f) Leave in accordance with this clause may include necessary travelling time in
normal hours immediately before or after the course.
(g) Leave granted under this clause will count as service for all purposes of this
Agreement.
(h) Expenses associated with attendance at training courses, including fares,
accommodation and meal costs are not the responsibility of the Health
Service.
62.10 Agreement Implementation Committees
(a) A local agreement implementation committee (AIC) will continue or, if there is
not currently an AIC in operation, be established at each Health Service.
Having regard for the size and location, an AIC may be appropriate at each
facility/campus. The AIC will, where practicable, comprise equal numbers of
representatives of the Health Service and the AMA/ASMOF for the purposes
of:
(i) agreement implementation;
(ii) on-going monitoring and assessment of the implementation of this
Agreement; and
(iii) dealing with any local disputes that may arise, without limiting the
Dispute Resolution Procedure in this Agreement.
(b) Priority items for consideration by the AIC will be developed by the parties.
63. Best Practice Employment Commitment Committee
63.1 The parties agree to establish a committee to discuss Best Practice Employment
Commitments (BPEC) during the life of the Agreement on matters including:
(a) measures to identify and respond to workload including:
(i) Discussion regarding reports and activities relevant to workforce
planning; and
(ii) Invite additional attendees to discuss workforce matters;
119
(b) climate change initiatives to reduce carbon and other harmful emissions
within the public health system including:
(i) discussion regarding the environmental performance of Employers
published in accordance with the Department’s environmental
guidelines;
(ii) discussion regarding any reports or activities of other bodies such
as Global Green and Healthy Hospitals that are relevant to the
reduction of carbon emissions;
(iii) promotion of initiatives taken by an Employer and / or Doctors to
reduce carbon and other harmful emissions; and
(iv) invite external interest groups, unions or other organisations to
discuss the impacts the public health system as a whole has on
producing harmful emissions and any initiatives to reduce these;
(c) the development of an agreed ‘best practice guide’ with respect to workplace
bullying based on WorkSafe’s ‘Guide for Employers’ dated March 2020;
(d) template change impact statements;
(e) collaboration between the parties to reduce duplication of training and
promote recognition of training across Health Services;
(f) collaboration between the parties to monitor onboarding and credentialing
practices to identify opportunities for common application requirements and
the implementation of electronic onboarding and credentialing;
L\344769147.6
64. Signatories
SIGNED for and on behalf of the
Employers referred to in Appendix A by
the authorised representatives of the
Victorian Hospitals’ Industrial
Association, 88 Maribyrnong Street,
Footscray, VIC, 3011 in the presence of
Signature
Stuart McCullough, Chief Executive Officer
Witness
Daniel Pullin, Senior Workplace Relations Consultant
SIGNED for and on behalf of the
Australian Salaried Medical Officers’
Federation (Vic Branch), 293 Royal
Parade, Parkville, VIC, 3052 by its
authorised officer in the presence of
______________________________________
Signature
Grant Forsyth, Chief Executive Officer
______________________________________
Witness
Stuart Miller, Senior Workplace Relations Adviser
SIGNED for and on behalf of the
Australian Medical Association
(Victoria), 293 Royal Parade, Parkville,
VIC, 3052 by its authorised officer in the
presence of
______________________________________
Signature
Steven Burrell, Chief Executive Officer
______________________________________
Witness
Grant Forsyth, Director, Workplace Relations
,f
Wrtness
r Workplace Relations Consultant
Signature
Grant Forsyth, Chief Executive Officer
Witness
Stuart Miler, Senior Woriplace Relations Adviser
Signature
Steven Burrell, Chief Executive Officer
Witness
Grant Forsyth, Director, Workplace Relations
Wilres8
Signature f Stuart Mccullough, Chief Executive Officer Witness Daniel Pullin, Senior Workplace Relations Consultant Signature Grant Forsyth, Chief Executive Officer Witness Stuart Miller, Senior Workplace Relations Adviser Signature Steven Burrell, Chief Executive Officer Witness Grant Forsyth, Director, Workplace Relations
121
APPENDIX 1 – LIST OF EMPLOYERS / HEALTH SERVICES
1. Albury Wodonga Health (Wodonga Hospital only)
2. Alfred Health
3. Austin Health
4. Bairnsdale Regional Health Service
5. Barwon Health
6. Bass Coast Health
7. Bendigo Health Care Group
8. Calvary Health Care Bethlehem Limited
9. Central Gippsland Health Service
10. Dental Health Services Victoria
11. Eastern Health
12. Echuca Regional Health
13. Gippsland Southern Health Service
14. Goulburn Valley Health
15. Grampians Health
16. Latrobe Regional Hospital
17. Melbourne Health
18. Mercy Hospitals Victoria Limited
19. Mildura Base Public Hospital
20. Monash Health
21. Northeast Health Wangaratta
22. Northern Health
23. Peninsula Health
24. Peter MacCallum Cancer Institute
25. Portland District Health
26. South West Healthcare
27. St Vincent’s Hospital (Melbourne) Limited
28. Swan Hill District Health
29. The Royal Children's Hospital
30. The Royal Victorian Eye and Ear Hospital
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31. The Royal Women's Hospital
32. The Victorian Institute of Forensic Mental Health (trading as Forensicare)
33. West Gippsland Healthcare Group
34. Western District Health Service
35. Western Health
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APPENDIX 2 – SPECIALISTS REMUNERATION AND ALLOWANCES
PART 1: REMUNERATION
Notes to Tables:
The minimum weekly remuneration payable to a Full-time Doctor under this Agreement is set out in Table 1.1.
However, where a Full-time Doctor receives additional Private Practice Income derived from the treatment of private or compensable patients in the course of
their normal employment, the Health Service is not obliged to pay a weekly salary in excess of the relevant rate set out in Table 1.2, provided that the total of the
Table 1.2 rate and the Private Practice Income is equal to or greater than the relevant rate set out in Table 1.1.
TABLE 1.1 – Full-time Doctors (who don’t receive additional Private Practice Income)
(Formerly known as the ‘Column 2’ rates) Weekly Pay Rates
Classification/Pay Point Paycode FFPPOA 1 Mar 2022 FFPPOA 1 Sep 2023 FFPPOA 1 March 2025
Specialist Year 1 HM33 $4,797.50 $4,917.44 $5,040.37
Specialist Year 2 HM34 $5,118.70 $5,246.66 $5,377.83
Specialist Year 3 HM35 $5,317.52 $5,450.46 $5,586.72
Specialist Year 4 HM36 $5,525.79 $5,663.94 $5,805.54
Specialist Year 5 HM37 $5,740.85 $5,884.37 $6,031.48
Specialist Year 6 HM38 $5,964.74 $6,113.86 $6,266.71
Specialist Year 7 HM39 $6,082.08 $6,234.13 $6,389.99
Specialist Year 8 HM40 $6,441.71 $6,602.75 $6,767.82
Specialist Year 9 HM41 $6,596.65 $6,761.57 $6,930.61
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(Formerly known as the ‘Column 2’ rates) Weekly Pay Rates
Classification/Pay Point Paycode FFPPOA 1 Mar 2022 FFPPOA 1 Sep 2023 FFPPOA 1 March 2025
Executive Specialist - Bottom of Range HM42 $6,596.65 $6,761.57 $6,930.61
Executive Specialist - Top of Range HM43 $7,586.24 $7,775.89 $7,970.29
TABLE 1.2 – Full-time Doctors (who receive additional Private Practice Income)
(Formerly known as the ‘Column 1’ rates) Weekly Pay Rates
Classification/Pay Point Paycode FFPPOA 1 Mar 2022 FFPPOA 1 Sep 2023 FFPPOA 1 March 2025
Specialist Year 1 HM33 $3,891.76 $3,989.05 $4,088.78
Specialist Year 2 HM34 $4,152.23 $4,256.04 $4,362.44
Specialist Year 3 HM35 $4,313.55 $4,421.39 $4,531.92
Specialist Year 4 HM36 $4,482.26 $4,594.32 $4,709.18
Specialist Year 5 HM37 $4,656.73 $4,773.15 $4,892.48
Specialist Year 6 HM38 $4,838.19 $4,959.14 $5,083.12
Specialist Year 7 HM39 $4,933.44 $5,056.77 $5,183.19
Specialist Year 8 HM40 $5,225.35 $5,355.99 $5,489.88
Specialist Year 9 HM41 $5,351.01 $5,484.79 $5,621.91
Executive Specialist - Bottom of Range HM42 $5,351.01 $5,484.79 $5,621.91
Executive Specialist - Top of Range HM43 $6,153.59 $6,307.43 $6,465.12
125
TABLE 1.3A – Fractional Doctors - 0.1 – 7 hrs/week (from FFPPOA 1 March 2022 until FFPPOA 1 July 2022)
Note: classifications marked with italics and an Asterix (*) cease to be used from FFPPOA 1 July 2022
Hourly Pay Rates
Classification/Pay Point Paycode FFPPOA 1 Mar 2022 FFPPOA 1 July 2022
Specialist Year 1 HN15* $150.73 Translates to HN16
Specialist Year 2 HN20* $153.51 Translates to HN21
Specialist Year 3 HN25* $159.57 Translates to HN26
Specialist Year 4 HN30* $165.63 Translates to HN31
Specialist Year 5 HN35* $171.80 Translates to HN36
Specialist Year 6 HN40* $178.07 Translates to HN41
Specialist Year 7 HN45* $183.92 Translates to HN46
Specialist Year 8 HN50* $189.98 Translates to HN51
Specialist Year 9 HN55* $196.97 Translates to HN56
Executive Specialist - Bottom of Range HN60* $196.97 Translates to HN61
Executive Specialist - Top of Range HN65* $224.41 Translates to HN66
126
TABLE 1.3B – Fractional Doctors – 7.1 – 10.5 hrs/week (from FFPPOA 1 March 2022 until FFPPOA 1 July 2022); then 0.1 – 10.5 hrs/week (from FFPPOA
1 July 2022)
Hourly Pay Rates
Classification/Pay Point Paycode FFPPOA 1 Mar 2022 FFPPOA 1 Sep 2023 FFPPOA 1 March 2025
Specialist Year 1 HN16 $152.48 $156.29 $160.20
Specialist Year 2 HN21 $154.95 $158.82 $162.79
Specialist Year 3 HN26 $161.01 $165.03 $169.16
Specialist Year 4 HN31 $167.38 $171.56 $175.85
Specialist Year 5 HN36 $173.54 $177.88 $182.33
Specialist Year 6 HN41 $179.92 $184.41 $189.02
Specialist Year 7 HN46 $185.98 $190.63 $195.39
Specialist Year 8 HN51 $191.94 $196.74 $201.65
Specialist Year 9 HN56 $198.41 $203.37 $208.45
Executive Specialist - Bottom of Range HN61 $198.41 $203.37 $208.45
Executive Specialist - Top of Range HN66 $226.67 $232.33 $238.14
127
TABLE 1.4A – Fractional Doctors - 10.6 – 14.0 hrs/week (from FFPPOA 1 March 2022 until FFPPOA 1 July 2022)
Note: classifications marked with italics and an Asterix (*) cease to be used from FFPPOA 1 July 2022
Hourly Pay Rates
Classification/Pay Point Paycode FFPPOA 1 Mar 2022 FFPPOA 1 July 2022
Specialist Year 1 HN17* $155.67 Translates to HN18
Specialist Year 2 HN22* $158.75 Translates to HN23
Specialist Year 3 HN27* $164.81 Translates to HN28
Specialist Year 4 HN32* $171.28 Translates to HN33
Specialist Year 5 HN37* $177.55 Translates to HN38
Specialist Year 6 HN42* $183.92 Translates to HN43
Specialist Year 7 HN47* $190.60 Translates to HN48
Specialist Year 8 HN52* $196.87 Translates to HN53
Specialist Year 9 HN57* $203.24 Translates to HN58
Executive Specialist - Bottom of Range HN62* $203.24 Translates to HN63
Executive Specialist - Top of Range HN67* $231.80 Translates to HN68
128
TABLE 1.4B – Fractional Doctors – 14.1 – 17.5 hrs/week (from FFPPOA 1 March 2022 until FFPPOA 1 July 2022); then 10.6 – 17.5 hrs/week (from
FFPPOA 1 July 2022)
Hourly Pay Rates
Classification/Pay Point Paycode FFPPOA 1 Mar 2022 FFPPOA 1 Sep 2023 FFPPOA 1 March 2025
Specialist Year 1 HN18 $158.85 $162.82 $166.89
Specialist Year 2 HN23 $161.52 $165.56 $169.70
Specialist Year 3 HN28 $168.10 $172.30 $176.61
Specialist Year 4 HN33 $174.47 $178.83 $183.30
Specialist Year 5 HN38 $181.05 $185.57 $190.21
Specialist Year 6 HN43 $187.42 $192.10 $196.90
Specialist Year 7 HN48 $193.48 $198.32 $203.27
Specialist Year 8 HN53 $199.75 $204.74 $209.86
Specialist Year 9 HN58 $206.22 $211.37 $216.66
Executive Specialist - Bottom of Range HN63 $206.22 $211.37 $216.66
Executive Specialist - Top of Range HN68 $236.33 $242.23 $248.29
129
TABLE 1.5 – Fractional Doctors - 17.6+ hrs/week
Hourly Pay Rates
Classification/Pay Point Paycode FFPPOA 1 Mar 2022 FFPPOA 1 Sep 2023 FFPPOA 1 March 2025
Specialist Year 1 HN19 $161.52 $165.56 $169.70
Specialist Year 2 HN24 $164.50 $168.62 $172.83
Specialist Year 3 HN29 $171.18 $175.46 $179.85
Specialist Year 4 HN34 $177.45 $181.89 $186.43
Specialist Year 5 HN39 $184.33 $188.94 $193.67
Specialist Year 6 HN44 $191.22 $196.00 $200.90
Specialist Year 7 HN49 $197.38 $202.32 $207.38
Specialist Year 8 HN54 $203.86 $208.95 $214.18
Specialist Year 9 HN59 $210.53 $215.80 $221.19
Executive Specialist - Bottom of Range HN64 $210.53 $215.80 $221.19
Executive Specialist - Top of Range HN69 $240.54 $246.55 $252.71
130
PART 2: Allowances and other payments
TABLE 2.1 – Continuing Medical Education Support Reimbursement Caps (Annual Amounts*)
FFPPOA 1 Mar 2022 FFPPOA 1 Sep 2023 FFPPOA 1 March 2025
$29,000.16 $29,725.16 $30,468.29
* pro rata for Fractional Doctors (1/35th per contracted hour)
TABLE 2.2 – Travelling Allowance (per km)
FFPPOA 1 Mar 2022 FFPPOA 1 Sep 2023 FFPPOA 1 March 2025
Engine capacity less than 3800cc $0.90 $0.93 $0.95
Engine capacity 3800cc and over $1.10 $1.13 $1.16
TABLE 2.3 – Insurance Allowance (per annum*)
FFPPOA 1 Mar 2022 FFPPOA 1 Sep 2023 FFPPOA 1 March 2025
$595.95 $612.34 $629.18
* pro rata for Fractional Doctors (1/35th per contracted hour)
131
PART 3: Shift Penalty Payments
TABLE 3.1A - Full Time Doctors who don’t receive Private Practice Income (Column 2) – FFPPOA 1 March 2022
Hourly Penalty Rates for work performed within the applicable timeframe
Paycode
Monday to Friday
(Monday to Thursday
from 1 March 2023),
between 6:00pm and
midnight
(25%)
Monday to Friday,
between midnight and
7:00am; Saturday,
between midnight and
7:00am (Sunday);
Sunday, between 7.00am
and midnight
(75%)
Saturday, between
7:00am and midnight &
Friday, between 6:00pm
and midnight from 1
March 2023
(50%)
Sunday, between
midnight and 7:00am
(Monday)
(100%)
Specialist Year 1 HM33 $31.56 $94.69 $63.13 $126.25
Specialist Year 2 HM34 $33.68 $101.03 $67.35 $134.70
Specialist Year 3 HM35 $34.98 $104.95 $69.97 $139.93
Specialist Year 4 HM36 $36.35 $109.06 $72.71 $145.42
Specialist Year 5 HM37 $37.77 $113.31 $75.54 $151.07
Specialist Year 6 HM38 $39.24 $117.73 $78.48 $156.97
Specialist Year 7 HM39 $40.01 $120.04 $80.03 $160.05
Specialist Year 8 HM40 $42.38 $127.14 $84.76 $169.52
Specialist Year 9 HM41 $43.40 $130.20 $86.80 $173.60
Executive Specialist -
Bottom of Range HM42 $43.40 $130.20 $86.80 $173.60
Executive Specialist - HM43 $49.91 $149.73 $99.82 $199.64
132
Hourly Penalty Rates for work performed within the applicable timeframe
Paycode
Monday to Friday
(Monday to Thursday
from 1 March 2023),
between 6:00pm and
midnight
(25%)
Monday to Friday,
between midnight and
7:00am; Saturday,
between midnight and
7:00am (Sunday);
Sunday, between 7.00am
and midnight
(75%)
Saturday, between
7:00am and midnight &
Friday, between 6:00pm
and midnight from 1
March 2023
(50%)
Sunday, between
midnight and 7:00am
(Monday)
(100%)
Top of Range
TABLE 3.1B - Full Time Doctors who don’t receive Private Practice Income (Column 2) – FFPPOA 1 September 2023
Hourly Penalty Rates for work performed within the applicable timeframe
Paycode
Monday to Thursday,
between 6:00pm and
midnight
(25%)
Monday to Friday,
between midnight and
7:00am; Saturday,
between midnight and
7:00am (Sunday);
Sunday, between 7.00am
and midnight
(75%)
Saturday, between
7:00am and midnight;
Friday, between 6:00pm
and midnight
(50%)
Sunday, between
midnight and 7:00am
(Monday)
(100%)
Specialist Year 1 HM33 $32.35 $97.05 $64.70 $129.41
Specialist Year 2 HM34 $34.52 $103.55 $69.04 $138.07
Specialist Year 3 HM35 $35.86 $107.57 $71.72 $143.43
Specialist Year 4 HM36 $37.26 $111.79 $74.53 $149.05
Specialist Year 5 HM37 $38.71 $116.14 $77.43 $154.85
133
Hourly Penalty Rates for work performed within the applicable timeframe
Paycode
Monday to Thursday,
between 6:00pm and
midnight
(25%)
Monday to Friday,
between midnight and
7:00am; Saturday,
between midnight and
7:00am (Sunday);
Sunday, between 7.00am
and midnight
(75%)
Saturday, between
7:00am and midnight;
Friday, between 6:00pm
and midnight
(50%)
Sunday, between
midnight and 7:00am
(Monday)
(100%)
Specialist Year 6 HM38 $40.22 $120.67 $80.45 $160.89
Specialist Year 7 HM39 $41.01 $123.04 $82.03 $164.06
Specialist Year 8 HM40 $43.44 $130.32 $86.88 $173.76
Specialist Year 9 HM41 $44.48 $133.45 $88.97 $177.94
Executive Specialist -
Bottom of Range HM42 $44.48 $133.45 $88.97 $177.94
Executive Specialist -
Top of Range HM43 $51.16 $153.47 $102.31 $204.63
134
TABLE 3.1C - Full Time Doctors who don’t receive Private Practice Income (Column 2) – FFPPOA 1 March 2025
Hourly Penalty Rates for work performed within the applicable timeframe
Paycode
Monday to Thursday,
between 6:00pm and
midnight
(25%)
Monday to Friday,
between midnight and
7:00am; Saturday,
between midnight and
7:00am (Sunday);
Sunday, between 7.00am
and midnight
(75%)
Saturday, between
7:00am and midnight;
Friday, between 6:00pm
and midnight
(50%)
Sunday, between
midnight and 7:00am
(Monday)
(100%)
Specialist Year 1 HM33 $33.16 $99.48 $66.32 $132.64
Specialist Year 2 HM34 $35.38 $106.14 $70.76 $141.52
Specialist Year 3 HM35 $36.75 $110.26 $73.51 $147.02
Specialist Year 4 HM36 $38.19 $114.58 $76.39 $152.78
Specialist Year 5 HM37 $39.68 $119.04 $79.36 $158.72
Specialist Year 6 HM38 $41.23 $123.68 $82.46 $164.91
Specialist Year 7 HM39 $42.04 $126.12 $84.08 $168.16
Specialist Year 8 HM40 $44.53 $133.58 $89.05 $178.10
Specialist Year 9 HM41 $45.60 $136.79 $91.19 $182.38
Executive Specialist -
Bottom of Range HM42 $45.60 $136.79 $91.19 $182.38
Executive Specialist -
Top of Range HM43 $52.44 $157.31 $104.87 $209.74
135
TABLE 3.2A - Full Time Doctors who receive Private Practice Income (Column 1) – FFPPOA 1 March 2022
Hourly Penalty Rates for work performed within the applicable timeframe
Paycode
Monday to Friday
(Monday to Thursday
from 1 March 2023),
between 6:00pm and
midnight
(25%)
Monday to Friday,
between midnight and
7:00am; Saturday,
between midnight and
7:00am (Sunday);
Sunday, between 7.00am
and midnight
(75%)
Saturday, between
7:00am and midnight &
Friday, between 6:00pm
and midnight from 1
March 2023
(50%)
Sunday, between
midnight and 7:00am
(Monday)
(100%)
Specialist Year 1 HM33 $25.60 $76.81 $51.21 $102.41
Specialist Year 2 HM34 $27.32 $81.95 $54.63 $109.27
Specialist Year 3 HM35 $28.38 $85.14 $56.76 $113.51
Specialist Year 4 HM36 $29.49 $88.47 $58.98 $117.95
Specialist Year 5 HM37 $30.64 $91.91 $61.27 $122.55
Specialist Year 6 HM38 $31.83 $95.49 $63.66 $127.32
Specialist Year 7 HM39 $32.46 $97.37 $64.91 $129.83
Specialist Year 8 HM40 $34.38 $103.13 $68.75 $137.51
Specialist Year 9 HM41 $35.20 $105.61 $70.41 $140.82
Executive Specialist -
Bottom of Range HM42 $35.20 $105.61 $70.41 $140.82
Executive Specialist -
Top of Range HM43 $40.48 $121.45 $80.97 $161.94
136
TABLE 3.2B - Full Time Doctors who receive Private Practice Income (Column 1) – FFPPOA 1 September 2023
Hourly Penalty Rates for work performed within the applicable timeframe
Paycode
Monday to Thursday,
between 6:00pm and
midnight
(25%)
Monday to Friday,
between midnight and
7:00am; Saturday,
between midnight and
7:00am (Sunday);
Sunday, between 7.00am
and midnight
(75%)
Saturday, between
7:00am and midnight;
Friday, between 6:00pm
and midnight
(50%)
Sunday, between
midnight and 7:00am
(Monday)
(100%)
Specialist Year 1 HM33 $26.24 $78.73 $52.49 $104.98
Specialist Year 2 HM34 $28.00 $84.00 $56.00 $112.00
Specialist Year 3 HM35 $29.09 $87.26 $58.18 $116.35
Specialist Year 4 HM36 $30.23 $90.68 $60.45 $120.90
Specialist Year 5 HM37 $31.40 $94.21 $62.80 $125.61
Specialist Year 6 HM38 $32.63 $97.88 $65.25 $130.50
Specialist Year 7 HM39 $33.27 $99.80 $66.54 $133.07
Specialist Year 8 HM40 $35.24 $105.71 $70.47 $140.95
Specialist Year 9 HM41 $36.08 $108.25 $72.17 $144.34
Executive Specialist -
Bottom of Range HM42 $36.08 $108.25 $72.17 $144.34
Executive Specialist -
Top of Range HM43 $41.50 $124.49 $82.99 $165.99
137
TABLE 3.2C - Full Time Doctors who receive Private Practice Income (Column 1) – FFPPOA 1 March 2025
Hourly Penalty Rates for work performed within the applicable timeframe
Paycode
Monday to Thursday, between
6:00pm and midnight
(25%)
Monday to Friday,
between midnight and
7:00am; Saturday,
between midnight and
7:00am (Sunday);
Sunday, between
7.00am and midnight
(75%)
Saturday, between
7:00am and midnight;
Friday, between
6:00pm and midnight
(50%)
Sunday, between
midnight and 7:00am
(Monday)
(100%)
Specialist Year 1 HM33 $26.90 $80.70 $53.80 $107.60
Specialist Year 2 HM34 $28.70 $86.10 $57.40 $114.80
Specialist Year 3 HM35 $29.82 $89.45 $59.63 $119.26
Specialist Year 4 HM36 $30.98 $92.94 $61.96 $123.93
Specialist Year 5 HM37 $32.19 $96.56 $64.37 $128.75
Specialist Year 6 HM38 $33.44 $100.32 $66.88 $133.77
Specialist Year 7 HM39 $34.10 $102.30 $68.20 $136.40
Specialist Year 8 HM40 $36.12 $108.35 $72.24 $144.47
Specialist Year 9 HM41 $36.99 $110.96 $73.97 $147.94
Executive Specialist -
Bottom of Range HM42 $36.99 $110.96 $73.97 $147.94
Executive Specialist -
Top of Range HM43 $42.53 $127.60 $85.07 $170.13
138
TABLE 3.3A – Fractional Doctors – FFPPOA 1 March 2022
Note: classifications marked with italics and an Asterix (*) cease to be used from FFPPOA 1 July 2022
Hourly Penalty Rates for work performed within the applicable timeframe
Paycode
Monday to Friday (Monday to
Thursday from 1 March 2023),
between 6:00pm and midnight
(25%)
Monday to Friday,
between midnight and
7:00am; Saturday,
between midnight and
7:00am (Sunday);
Sunday, between
7.00am and midnight
(75%)
Saturday, between
7:00am and midnight &
Friday, between
6:00pm and midnight
from 1 March 2023
(50%)
Sunday, between
midnight and 7:00am
(Monday)
(100%)
Specialist Year 1
0.1 - 7 hrs p/wk* HN15* $37.68 $113.05 $75.37 $150.73
7.1 – 10.5 hrs p/wk*
0.1 – 10.5 hrs p/wk (from
FFPPOA 1 July 2022
HN16 $38.12 $114.36 $76.24 $152.48
10.6 – 14.0 hrs p/wk* HN17* $38.92 $116.75 $77.83 $155.67
14.1 – 17.5 hrs p/wk*
10.6 – 17.5 hrs p/wk
(from FFPPOA 1 July
2022)
HN18 $39.71 $119.14 $79.43 $158.85
17.6+ hrs p/wk HN19 $40.38 $121.14 $80.76 $161.52
Specialist Year 2
0.1 - 7 hrs p/wk* HN20* $38.38 $115.13 $76.75 $153.51
139
Hourly Penalty Rates for work performed within the applicable timeframe
Paycode
Monday to Friday (Monday to
Thursday from 1 March 2023),
between 6:00pm and midnight
(25%)
Monday to Friday,
between midnight and
7:00am; Saturday,
between midnight and
7:00am (Sunday);
Sunday, between
7.00am and midnight
(75%)
Saturday, between
7:00am and midnight &
Friday, between
6:00pm and midnight
from 1 March 2023
(50%)
Sunday, between
midnight and 7:00am
(Monday)
(100%)
7.1 – 10.5 hrs p/wk*
0.1 – 10.5 hrs p/wk (from
FFPPOA 1 July 2022
HN21 $38.74 $116.21 $77.47 $154.95
10.6 – 14.0 hrs p/wk* HN22* $39.69 $119.06 $79.37 $158.75
14.1 – 17.5 hrs p/wk*
10.6 – 17.5 hrs p/wk
(from FFPPOA 1 July
2022)
HN23 $40.38 $121.14 $80.76 $161.52
17.6+ hrs p/wk HN24 $41.13 $123.38 $82.25 $164.50
Specialist Year 3
0.1 - 7 hrs p/wk* HN25* $39.89 $119.68 $79.79 $159.57
7.1 – 10.5 hrs p/wk*
0.1 – 10.5 hrs p/wk (from
FFPPOA 1 July 2022
HN26 $40.25 $120.76 $80.50 $161.01
10.6 – 14.0 hrs p/wk* HN27* $41.20 $123.61 $82.41 $164.81
14.1 – 17.5 hrs p/wk* HN28 $42.02 $126.07 $84.05 $168.10
140
Hourly Penalty Rates for work performed within the applicable timeframe
Paycode
Monday to Friday (Monday to
Thursday from 1 March 2023),
between 6:00pm and midnight
(25%)
Monday to Friday,
between midnight and
7:00am; Saturday,
between midnight and
7:00am (Sunday);
Sunday, between
7.00am and midnight
(75%)
Saturday, between
7:00am and midnight &
Friday, between
6:00pm and midnight
from 1 March 2023
(50%)
Sunday, between
midnight and 7:00am
(Monday)
(100%)
10.6 – 17.5 hrs p/wk
(from FFPPOA 1 July
2022)
17.6+ hrs p/wk HN29 $42.80 $128.39 $85.59 $171.18
Specialist Year 4
0.1 - 7 hrs p/wk* HN30* $41.41 $124.22 $82.82 $165.63
7.1 – 10.5 hrs p/wk*
0.1 – 10.5 hrs p/wk (from
FFPPOA 1 July 2022
HN31 $41.84 $125.53 $83.69 $167.38
10.6 – 14.0 hrs p/wk* HN32* $42.82 $128.46 $85.64 $171.28
14.1 – 17.5 hrs p/wk*
10.6 – 17.5 hrs p/wk
(from FFPPOA 1 July
2022)
HN33 $43.62 $130.85 $87.23 $174.47
17.6+ hrs p/wk HN34 $44.36 $133.09 $88.72 $177.45
Specialist Year 5
141
Hourly Penalty Rates for work performed within the applicable timeframe
Paycode
Monday to Friday (Monday to
Thursday from 1 March 2023),
between 6:00pm and midnight
(25%)
Monday to Friday,
between midnight and
7:00am; Saturday,
between midnight and
7:00am (Sunday);
Sunday, between
7.00am and midnight
(75%)
Saturday, between
7:00am and midnight &
Friday, between
6:00pm and midnight
from 1 March 2023
(50%)
Sunday, between
midnight and 7:00am
(Monday)
(100%)
0.1 - 7 hrs p/wk* HN35* $42.95 $128.85 $85.90 $171.80
7.1 – 10.5 hrs p/wk*
0.1 – 10.5 hrs p/wk (from
FFPPOA 1 July 2022
HN36 $43.39 $130.16 $86.77 $173.54
10.6 – 14.0 hrs p/wk* HN37* $44.39 $133.16 $88.78 $177.55
14.1 – 17.5 hrs p/wk*
10.6 – 17.5 hrs p/wk
(from FFPPOA 1 July
2022)
HN38 $45.26 $135.78 $90.52 $181.05
17.6+ hrs p/wk HN39 $46.08 $138.25 $92.17 $184.33
Specialist Year 6
0.1 - 7 hrs p/wk* HN40* $44.52 $133.55 $89.03 $178.07
7.1 – 10.5 hrs p/wk*
0.1 – 10.5 hrs p/wk (from
FFPPOA 1 July 2022
HN41 $44.98 $134.94 $89.96 $179.92
10.6 – 14.0 hrs p/wk* HN42* $45.98 $137.94 $91.96 $183.92
142
Hourly Penalty Rates for work performed within the applicable timeframe
Paycode
Monday to Friday (Monday to
Thursday from 1 March 2023),
between 6:00pm and midnight
(25%)
Monday to Friday,
between midnight and
7:00am; Saturday,
between midnight and
7:00am (Sunday);
Sunday, between
7.00am and midnight
(75%)
Saturday, between
7:00am and midnight &
Friday, between
6:00pm and midnight
from 1 March 2023
(50%)
Sunday, between
midnight and 7:00am
(Monday)
(100%)
14.1 – 17.5 hrs p/wk*
10.6 – 17.5 hrs p/wk
(from FFPPOA 1 July
2022)
HN43 $46.85 $140.56 $93.71 $187.42
17.6+ hrs p/wk HN44 $47.80 $143.41 $95.61 $191.22
Specialist Year 7
0.1 - 7 hrs p/wk* HN45* $45.98 $137.94 $91.96 $183.92
7.1 – 10.5 hrs p/wk*
0.1 – 10.5 hrs p/wk (from
FFPPOA 1 July 2022
HN46 $46.49 $139.48 $92.99 $185.98
10.6 – 14.0 hrs p/wk* HN47* $47.65 $142.95 $95.30 $190.60
14.1 – 17.5 hrs p/wk*
10.6 – 17.5 hrs p/wk
(from FFPPOA 1 July
2022)
HN48 $48.37 $145.11 $96.74 $193.48
17.6+ hrs p/wk HN49 $49.35 $148.04 $98.69 $197.38
143
Hourly Penalty Rates for work performed within the applicable timeframe
Paycode
Monday to Friday (Monday to
Thursday from 1 March 2023),
between 6:00pm and midnight
(25%)
Monday to Friday,
between midnight and
7:00am; Saturday,
between midnight and
7:00am (Sunday);
Sunday, between
7.00am and midnight
(75%)
Saturday, between
7:00am and midnight &
Friday, between
6:00pm and midnight
from 1 March 2023
(50%)
Sunday, between
midnight and 7:00am
(Monday)
(100%)
Specialist Year 8
0.1 - 7 hrs p/wk* HN50* $47.50 $142.49 $94.99 $189.98
7.1 – 10.5 hrs p/wk*
0.1 – 10.5 hrs p/wk (from
FFPPOA 1 July 2022
HN51 $47.98 $143.95 $95.97 $191.94
10.6 – 14.0 hrs p/wk* HN52* $49.22 $147.65 $98.43 $196.87
14.1 – 17.5 hrs p/wk*
10.6 – 17.5 hrs p/wk
(from FFPPOA 1 July
2022)
HN53 $49.94 $149.81 $99.87 $199.75
17.6+ hrs p/wk HN54 $50.96 $152.89 $101.93 $203.86
Specialist Year 9
0.1 - 7 hrs p/wk* HN55* $49.24 $147.73 $98.49 $196.97
7.1 – 10.5 hrs p/wk*
0.1 – 10.5 hrs p/wk (from
FFPPOA 1 July 2022
HN56 $49.60 $148.81 $99.21 $198.41
144
Hourly Penalty Rates for work performed within the applicable timeframe
Paycode
Monday to Friday (Monday to
Thursday from 1 March 2023),
between 6:00pm and midnight
(25%)
Monday to Friday,
between midnight and
7:00am; Saturday,
between midnight and
7:00am (Sunday);
Sunday, between
7.00am and midnight
(75%)
Saturday, between
7:00am and midnight &
Friday, between
6:00pm and midnight
from 1 March 2023
(50%)
Sunday, between
midnight and 7:00am
(Monday)
(100%)
10.6 – 14.0 hrs p/wk* HN57* $50.81 $152.43 $101.62 $203.24
14.1 – 17.5 hrs p/wk*
10.6 – 17.5 hrs p/wk
(from FFPPOA 1 July
2022)
HN58 $51.55 $154.66 $103.11 $206.22
17.6+ hrs p/wk HN59 $52.63 $157.90 $105.27 $210.53
Executive Specialist -
Bottom of Range
0.1 - 7 hrs p/wk* HN60* $49.24 $147.73 $98.49 $196.97
7.1 – 10.5 hrs p/wk*
0.1 – 10.5 hrs p/wk (from
FFPPOA 1 July 2022
HN61 $49.60 $148.81 $99.21 $198.41
10.6 – 14.0 hrs p/wk* HN62* $50.81 $152.43 $101.62 $203.24
14.1 – 17.5 hrs p/wk*
10.6 – 17.5 hrs p/wk
(from FFPPOA 1 July
2022)
HN63 $51.55 $154.66 $103.11 $206.22
£
145
Hourly Penalty Rates for work performed within the applicable timeframe
Paycode
Monday to Friday (Monday to
Thursday from 1 March 2023),
between 6:00pm and midnight
(25%)
Monday to Friday,
between midnight and
7:00am; Saturday,
between midnight and
7:00am (Sunday);
Sunday, between
7.00am and midnight
(75%)
Saturday, between
7:00am and midnight &
Friday, between
6:00pm and midnight
from 1 March 2023
(50%)
Sunday, between
midnight and 7:00am
(Monday)
(100%)
17.6+ hrs p/wk HN64 $52.63 $157.90 $105.27 $210.53
Executive Specialist -
Top of Range
0.1 - 7 hrs p/wk* HN65* $56.10 $168.30 $112.20 $224.41
7.1 – 10.5 hrs p/wk*
0.1 – 10.5 hrs p/wk (from
FFPPOA 1 July 2022
HN66 $56.67 $170.00 $113.33 $226.67
10.6 – 14.0 hrs p/wk* HN67* $57.95 $173.85 $115.90 $231.80
14.1 – 17.5 hrs p/wk*
10.6 – 17.5 hrs p/wk
(from FFPPOA 1 July
2022)
HN68 $59.08 $177.24 $118.16 $236.33
17.6+ hrs p/wk HN69 $60.13 $180.40 $120.27 $240.54
146
TABLE 3.3B – Fractional Doctors – FFPPOA 1 September 2023
Hourly Penalty Rates for work performed within the applicable timeframe
Paycode
Monday to Thursday,
between 6:00pm and
midnight
(25%)
Monday to Friday,
between midnight and
7:00am; Saturday,
between midnight and
7:00am (Sunday);
Sunday, between 7.00am
and midnight
(75%)
Saturday, between
7:00am and midnight;
Friday, between 6:00pm
and midnight
(50%)
Sunday, between
midnight and 7:00am
(Monday)
(100%)
Specialist Year 1
0.1 – 10.5 hrs p/wk HN16 $39.07 $117.22 $78.15 $156.29
10.6 – 17.5 hrs p/wk HN18 $40.71 $122.12 $81.41 $162.82
17.6+ hrs p/wk HN19 $41.39 $124.17 $82.78 $165.56
Specialist Year 2
0.1 – 10.5 hrs p/wk HN21 $39.71 $119.12 $79.41 $158.82
10.6 – 17.5 hrs p/wk HN23 $41.39 $124.17 $82.78 $165.56
17.6+ hrs p/wk HN24 $42.15 $126.46 $84.31 $168.62
Specialist Year 3
0.1 – 10.5 hrs p/wk HN26 $41.26 $123.78 $82.52 $165.03
10.6 – 17.5 hrs p/wk HN28 $43.08 $129.23 $86.15 $172.30
17.6+ hrs p/wk HN29 $43.87 $131.60 $87.73 $175.46
147
Hourly Penalty Rates for work performed within the applicable timeframe
Paycode
Monday to Thursday,
between 6:00pm and
midnight
(25%)
Monday to Friday,
between midnight and
7:00am; Saturday,
between midnight and
7:00am (Sunday);
Sunday, between 7.00am
and midnight
(75%)
Saturday, between
7:00am and midnight;
Friday, between 6:00pm
and midnight
(50%)
Sunday, between
midnight and 7:00am
(Monday)
(100%)
Specialist Year 4
0.1 – 10.5 hrs p/wk HN31 $42.89 $128.67 $85.78 $171.56
10.6 – 17.5 hrs p/wk HN33 $44.71 $134.12 $89.42 $178.83
17.6+ hrs p/wk HN34 $45.47 $136.41 $90.94 $181.89
Specialist Year 5
0.1 – 10.5 hrs p/wk HN36 $44.47 $133.41 $88.94 $177.88
10.6 – 17.5 hrs p/wk HN38 $46.39 $139.18 $92.79 $185.57
17.6+ hrs p/wk HN39 $47.24 $141.71 $94.47 $188.94
Specialist Year 6
0.1 – 10.5 hrs p/wk HN41 $46.10 $138.31 $92.21 $184.41
10.6 – 17.5 hrs p/wk HN43 $48.03 $144.08 $96.05 $192.10
17.6+ hrs p/wk HN44 $49.00 $147.00 $98.00 $196.00
Specialist Year 7
148
Hourly Penalty Rates for work performed within the applicable timeframe
Paycode
Monday to Thursday,
between 6:00pm and
midnight
(25%)
Monday to Friday,
between midnight and
7:00am; Saturday,
between midnight and
7:00am (Sunday);
Sunday, between 7.00am
and midnight
(75%)
Saturday, between
7:00am and midnight;
Friday, between 6:00pm
and midnight
(50%)
Sunday, between
midnight and 7:00am
(Monday)
(100%)
0.1 – 10.5 hrs p/wk HN46 $47.66 $142.97 $95.31 $190.63
10.6 – 17.5 hrs p/wk HN48 $49.58 $148.74 $99.16 $198.32
17.6+ hrs p/wk HN49 $50.58 $151.74 $101.16 $202.32
Specialist Year 8
0.1 – 10.5 hrs p/wk HN51 $49.18 $147.55 $98.37 $196.74
10.6 – 17.5 hrs p/wk HN53 $51.18 $153.55 $102.37 $204.74
17.6+ hrs p/wk HN54 $52.24 $156.71 $104.48 $208.95
Specialist Year 9
0.1 – 10.5 hrs p/wk HN56 $50.84 $152.53 $101.69 $203.37
10.6 – 17.5 hrs p/wk HN58 $52.84 $158.53 $105.69 $211.37
17.6+ hrs p/wk HN59 $53.95 $161.85 $107.90 $215.80
Executive Specialist -
Bottom of Range
149
Hourly Penalty Rates for work performed within the applicable timeframe
Paycode
Monday to Thursday,
between 6:00pm and
midnight
(25%)
Monday to Friday,
between midnight and
7:00am; Saturday,
between midnight and
7:00am (Sunday);
Sunday, between 7.00am
and midnight
(75%)
Saturday, between
7:00am and midnight;
Friday, between 6:00pm
and midnight
(50%)
Sunday, between
midnight and 7:00am
(Monday)
(100%)
0.1 – 10.5 hrs p/wk HN61 $50.84 $152.53 $101.69 $203.37
10.6 – 17.5 hrs p/wk HN63 $52.84 $158.53 $105.69 $211.37
17.6+ hrs p/wk HN64 $53.95 $161.85 $107.90 $215.80
Executive Specialist -
Top of Range
0.1 – 10.5 hrs p/wk HN66 $58.08 $174.25 $116.17 $232.33
10.6 – 17.5 hrs p/wk HN68 $60.56 $181.67 $121.12 $242.23
17.6+ hrs p/wk HN69 $61.64 $184.91 $123.28 $246.55
150
TABLE 3.3C – Fractional Doctors – FFPPOA 1 March 2025
Hourly Penalty Rates for work performed within the applicable timeframe
Paycode
Monday to Thursday,
between 6:00pm and
midnight
(25%)
Monday to Friday,
between midnight and
7:00am; Saturday,
between midnight and
7:00am (Sunday);
Sunday, between 7.00am
and midnight
(75%)
Saturday, between
7:00am and midnight;
Friday, between 6:00pm
and midnight
(50%)
Sunday, between
midnight and 7:00am
(Monday)
(100%)
Specialist Year 1
0.1 – 10.5 hrs p/wk HN16 $40.05 $120.15 $80.10 $160.20
10.6 – 17.5 hrs p/wk HN18 $41.72 $125.17 $83.45 $166.89
17.6+ hrs p/wk HN19 $42.43 $127.28 $84.85 $169.70
Specialist Year 2
0.1 – 10.5 hrs p/wk HN21 $40.70 $122.09 $81.40 $162.79
10.6 – 17.5 hrs p/wk HN23 $42.43 $127.28 $84.85 $169.70
17.6+ hrs p/wk HN24 $43.21 $129.62 $86.42 $172.83
Specialist Year 3
0.1 – 10.5 hrs p/wk HN26 $42.29 $126.87 $84.58 $169.16
10.6 – 17.5 hrs p/wk HN28 $44.15 $132.46 $88.30 $176.61
17.6+ hrs p/wk HN29 $44.96 $134.89 $89.92 $179.85
151
Hourly Penalty Rates for work performed within the applicable timeframe
Paycode
Monday to Thursday,
between 6:00pm and
midnight
(25%)
Monday to Friday,
between midnight and
7:00am; Saturday,
between midnight and
7:00am (Sunday);
Sunday, between 7.00am
and midnight
(75%)
Saturday, between
7:00am and midnight;
Friday, between 6:00pm
and midnight
(50%)
Sunday, between
midnight and 7:00am
(Monday)
(100%)
Specialist Year 4
0.1 – 10.5 hrs p/wk HN31 $43.96 $131.89 $87.93 $175.85
10.6 – 17.5 hrs p/wk HN33 $45.83 $137.48 $91.65 $183.30
17.6+ hrs p/wk HN34 $46.61 $139.82 $93.22 $186.43
Specialist Year 5
0.1 – 10.5 hrs p/wk HN36 $45.58 $136.75 $91.17 $182.33
10.6 – 17.5 hrs p/wk HN38 $47.55 $142.66 $95.11 $190.21
17.6+ hrs p/wk HN39 $48.42 $145.25 $96.83 $193.67
Specialist Year 6
0.1 – 10.5 hrs p/wk HN41 $47.26 $141.77 $94.51 $189.02
10.6 – 17.5 hrs p/wk HN43 $49.23 $147.68 $98.45 $196.90
17.6+ hrs p/wk HN44 $50.22 $150.67 $100.45 $200.90
Specialist Year 7
152
Hourly Penalty Rates for work performed within the applicable timeframe
Paycode
Monday to Thursday,
between 6:00pm and
midnight
(25%)
Monday to Friday,
between midnight and
7:00am; Saturday,
between midnight and
7:00am (Sunday);
Sunday, between 7.00am
and midnight
(75%)
Saturday, between
7:00am and midnight;
Friday, between 6:00pm
and midnight
(50%)
Sunday, between
midnight and 7:00am
(Monday)
(100%)
0.1 – 10.5 hrs p/wk HN46 $48.85 $146.54 $97.70 $195.39
10.6 – 17.5 hrs p/wk HN48 $50.82 $152.45 $101.64 $203.27
17.6+ hrs p/wk HN49 $51.84 $155.53 $103.69 $207.38
Specialist Year 8
0.1 – 10.5 hrs p/wk HN51 $50.41 $151.24 $100.83 $201.65
10.6 – 17.5 hrs p/wk HN53 $52.46 $157.39 $104.93 $209.86
17.6+ hrs p/wk HN54 $53.54 $160.63 $107.09 $214.18
Specialist Year 9
0.1 – 10.5 hrs p/wk HN56 $52.11 $156.34 $104.23 $208.45
10.6 – 17.5 hrs p/wk HN58 $54.16 $162.49 $108.33 $216.66
17.6+ hrs p/wk HN59 $55.30 $165.89 $110.60 $221.19
Executive Specialist -
Bottom of Range
153
Hourly Penalty Rates for work performed within the applicable timeframe
Paycode
Monday to Thursday,
between 6:00pm and
midnight
(25%)
Monday to Friday,
between midnight and
7:00am; Saturday,
between midnight and
7:00am (Sunday);
Sunday, between 7.00am
and midnight
(75%)
Saturday, between
7:00am and midnight;
Friday, between 6:00pm
and midnight
(50%)
Sunday, between
midnight and 7:00am
(Monday)
(100%)
0.1 – 10.5 hrs p/wk HN61 $52.11 $156.34 $104.23 $208.45
10.6 – 17.5 hrs p/wk HN63 $54.16 $162.49 $108.33 $216.66
17.6+ hrs p/wk HN64 $55.30 $165.89 $110.60 $221.19
Executive Specialist -
Top of Range
0.1 – 10.5 hrs p/wk HN66 $59.54 $178.61 $119.07 $238.14
10.6 – 17.5 hrs p/wk HN68 $62.07 $186.22 $124.14 $248.29
17.6+ hrs p/wk HN69 $63.18 $189.54 $126.36 $252.71
154
APPENDIX 3 – CONTINUING MEDICAL EDUCATION STANDARD CLAIM FORM
The following standard claim form (or online equivalent) for Continuing Medical Education reimbursement
can be used by a Health Service in accordance with subclause 41.4(a).
Any additional information required by the Health Service must be kept to a minimum.
[insert Health Service name]
CONTINUING MEDICAL EDUCATION REIMBURSEMENT FORM
IMPORTANT
• Please attach all original documentation & information requested with this reimbursement form
• Once completed forward this form to your Unit Head and/or Program Director for approval
• Once authorised forward to Finance Department marked attention “CME Reimbursement Claims”
• All payments will be processed via EFT to your nominated bank account
DATE OF REQUEST: ________________________________________________________
NAME: ____________________________________________________________________
DEPARTMENT: ______________________________________________________________
DOCTOR NUMBER: ________________________________________________________
DOCTOR ADDRESS: ___________________________________________________________
BANK:
____________________________________________________________________
BANK & BRANCH NO. (BSB):
ACCOUNT NUMBER:
Fax number for forwarding advices (REQUIRED): _______________
E-mail:________________
TOTAL TO BE CLAIMED $ _________________
DETAILS OF CME CLAIM:__________________________________________________________
__________________________________________________________
-
,_________._______._______.I I I I I
I I I I I
155
APPROVED BY:
UNIT HEAD ______________________ PROGRAM DIRECTOR____________________________
Cost
Centre
Account
Code
DESCRIPTION AMOUNT
CME – CONFERENCE COSTS (i.e. registration fees, conference
materials)
CME – TRAVEL COSTS (i.e. airfare tickets, train tickets, mileage
etc)
CME – ACCOMMODATION COSTS (i.e. room)
CME – PER DIEM COSTS (i.e. business centre facilities, per
diem rates)
CME – OTHER (i.e. books, CDs, portable technological aids,
subscriptions, meals, taxi fares, parking fees, childcare)
CHECK LIST (please tick)
I have attached supporting documentation and original receipts for all claims. An original TAX
INVOICE is attached for all claims over $55.00 incurred within Australia.
If this claim relates to interstate travel of 5 or more nights' duration or overseas travel of any
duration, a TRAVEL DIARY and CONFERENCE ITINERARY is to be attached.
ENSURE DECLARATION OVER PAGE IS COMPLETED
1. FBT DECLARATION
I _____________________________________________________________ declare that:
_________________________________________________________________________
(Show nature of expenses, eg. conference, books, subscription, etc.)
were provided to me, or to my Health Service for my behalf, during the period
from _______________________________ to ___________________________________
and the expenses were reasonably and necessarily incurred for the following purpose(s):
_________________________________________________________________________
______________________________________________________ Eg. Professional Development
(Please provide sufficient information to demonstrate the extent of the expenses were incurred by you
for the purpose of earning your assessable income)
156
I also declare that the percentage of those expenses incurred in earning my assessable income is
_________________________ %.
2. FUNDING ENTITLEMENT DECLARATION
I _________________________________________________________________declare that:
I am entitled to make a claim for reimbursement of reasonable and necessarily incurred Continuing
Medical Education expenses in accordance with the provisions outlined in the relevant workplace
agreement; and
I have not already claimed reimbursement of these costs with this or another Victorian Health
Service; and
Except where an alternative arrangement is explicitly provided in my contract of employment, the
cumulative total of this claim and any other claims made relating to the current financial year at this
Victorian Health Service does not exceed $[amount]* where I hold a single full-time appointment,
or pro-rata thereof (for each 0.1 fraction or 3.5 hours) up to a maximum of [amount]* based on
my combined fractional allocations or appointments at this and other Victorian Health Services; and
Where claims submitted by me at this and/or other Victorian Health Services, inclusive of FBT and
GST considerations, exceed the maximum reimbursement for any financial year, I agree that my
claim will be reduced to reflect that maximum amount, or where claims already submitted at this
and/or other Victorian Health Services, have exceeded the maximum reimbursement amount for
any financial year, I agree to reimburse the relevant Victorian Health Service for any overpayment
received.
Specialist Signature __________________________________________
DATE: __________________________
Finance Use Only – PROCESSED BY: ____________________________
DATE: ____________________
157
APPENDIX 4 – TEMPLATE CERTIFICATE OF SERVICE
Certificate of Service
(Name of Institution) (Date)
This is to certify that____________________________________________(Name of Doctor)
was employed by this Institution/Society/Board (the Health Service) for the period:
From __________________ To _______________________
During the above period, the Doctor was employed in a role or classification covered by the Medical
Specialists (Victorian Public Health Sector) (AMA Victoria/ASMOF) (Single Interest Employers) Enterprise
Agreement 2021 – 2025 (or its predecessor agreements) from the period ____________________ to
__________________
During the above period, the Doctor had unpaid leave or absences that impact on the accrual
of Long Service Leave totalling ___________________________________(years and days)
During the above period, the Doctor utilised accrued Long Service Leave totalling
__________ months
During the above period, the Doctor transferred Long Service Leave accrued in respect of the period
___________________ to _____________________, to another employer or employers.
The Health Service has recognised net additional service for Long Service Leave purposes with
another Health Service or Health Services for the Doctor totalling _______________________________
(years and days) which was paid out/not paid out (strike out whichever is not applicable) by the
former Health Service(s).
The Doctor had accrued personal leave totalling ______________ hours as at the date of
cessation of employment with the Health Service
The Doctor remains employed with (Name of Institution)
Position held: Classification Held:
158
Signed: (Stamp of Institution):
159
APPENDIX 5 – LIST OF LOCAL CERTIFIED AGREEMENTS AND ENTERPRISE
AGREEMENTS IN OPERATION IMMEDIATELY PRIOR TO 17 DECEMBER 2013
1. AMA, ASMOF - Wodonga Regional Health Service Medical Specialist and General Practitioner
Agreement 2005
Agreement ID: AG846077
2. Bayside Health and Australian Medical Association Visiting Medical Officers Agreement 2003
Agreement ID: AG834322
3. Bayside Health and Australian Medical Association (Victoria) Full-time Hospital Specialists and
Medical Administrators Agreement 2004
Agreement ID: AG838347
4. AMA Bayside Health Sandringham Hospital General Practitioner Obstetricians Certified
Agreement 2001
Agreement ID: AG810270
5. Austin Health - AMA (Medical Staff) Certified Agreement 2004
Agreement ID: AG837217
6. AMA - Ballarat Health Services Visiting Medical Officers Agreement 2003
Agreement ID: AG833777
7. AMA - Barwon Health Full-Time Anaesthetists Certified Agreement 2001
Agreement ID: AG814205
8. AMA, Barwon Health Full-Time Hospital Specialists Certified Agreement 2001
Agreement ID: AG818221
9. Barwon Health Visiting Medical Specialists Certified Agreement 2003
Agreement ID: AG842271
10. AMA, ASMOF, Bendigo Health Care Group Visiting Medical Officer Certified Agreement 2003
Agreement ID: AG832206
11. AMA - Calvary Health Care Bethlehem (Medical Specialists) Certified Agreement 2003
Agreement ID: AG832410
12. AMA & Dental Health Services Victoria Visiting Specialist Anaesthetists Agreement 2003
Agreement ID: AG833733
13. AMA, ASMOF, Eastern Health Service, General Practitioner Obstetrician Visiting Medical Officer
Certified Agreement 2004
Agreement ID: AG838279
14. Eastern Health - AMA Visiting Medical Officers Agreement 2005
Agreement ID: AG846405
160
15. Eastern Health - AMA Full Time Medical Specialists Certified Agreement 2005
Agreement ID: AG846407
16. AMA, Goulburn Valley Health (Full-Time Specialist Medical Officers) Certified Agreement 2002
Agreement ID: AG833216
17. Australian Medical Association and Melbourne Health Hospital Specialists Agreement 2002
Agreement ID: AG838273
18. AMA, Mercy Hospital for Women, Visiting Medical Officers Certified Agreement 2002
Agreement ID: AG816602
19. Mercy Hospital for Women Specialist Neonatologists Agreement 2009-2012
Agreement ID: AE873696
20. AMA Southern Health Full Time Specialists Certified Agreement 2002
Agreement ID: AG836332
21. Australian Medical Association, Northern Health Hospital Specialists Agreement 2002
Agreement ID: AG834493
22. AMA Peninsula Health (Senior Medical Specialists) Certified Agreement 2002
Agreement ID: AG833732
23. AMA Peter MacCallum Cancer Centre [Senior Medical Specialists] Certified Agreement 2002-
2005
Agreement ID: AG843821
24. AMA Women's and Children's Health [Senior Medical Specialists] Certified Agreement 2003
Agreement ID: AG833761
25. Australian Medical Association, Royal Children's Hospital Full Time Anaesthetists Certified
Agreement 2002
Agreement ID: AG829264
26. AMA - Royal Victorian Eye & Ear Hospital (Visiting Specialist Anaesthetists) Certified Agreement
2001
Agreement ID: AG806669
27. AMA Royal Victorian Eye and Ear Hospital [Senior Medical Specialists] Certified Agreement 2004
Agreement ID: AG837880
28. St Vincent's Hospital (Melbourne) Limited (Full Time Radiologists and Nuclear Medicine
Physicians at CMMI) Certified Agreement 1998
Agreement ID: AG797910
29. St Vincent’s Health (Melbourne) Senior Medical Staff (Visiting Medical Officers) Certified
Agreement 2003
Agreement ID: AG826702
161
30. St Vincent's Health (Melbourne) Medical Specialists (Pathologists) Certified Agreement 2003
Agreement ID: AG833762
31. St Vincent's Health (Melbourne) Limited Fulltime Medical Specialists (Anaesthetists) Certified
Agreement 2004
Agreement ID: AG838338
32. Western Health (Staff Specialist Anaesthetists) Certified Agreement 2006
Agreement ID: AC300038
33. Australian Medical Association and Western Health Hospital Specialists Agreement 2002
Agreement ID: AG838339
34. Western Health (Specialist Emergency Physicians) Certified Agreement 2005
Agreement ID: AG843827
162
APPENDIX 6 – AGREEMENT TO TAKE ANNUAL LEAVE IN ADVANCE
Agreement to Take Annual Leave in Advance
Name of employee: _____________________________________________
Name of employer: _____________________________________________
The employer and employee agree that the employee will take a period of paid annual leave before
the employee has accrued an entitlement to the leave:
The amount of leave to be taken in advance is: ____ hours/days
The leave in advance will commence on: ___/___/20___
Signature of employee: ________________________________________
Date signed: ___/___/20___
Name of employer representative: ________________________________________
Signature of employer representative: ________________________________________
Date signed: ___/___/20___
[If the employee is under 18 years of age – include:]
I agree that:
if, on termination of the employee’s employment, the employee has not accrued an
entitlement to all of a period of paid annual leave already taken under this agreement,
then the employer may deduct from any money due to the employee on termination an
amount equal to the amount that was paid to the employee in respect of any part of
the period of annual leave taken in advance to which an entitlement has not been
accrued.
Name of parent/guardian: ________________________________________
Signature of parent/guardian: ________________________________________
Date signed: ___/___/20___
163
APPENDIX 7 – AGREEMENT TO CASH OUT ANNUAL LEAVE
Agreement to Cash Out Annual Leave
Name of employee: _____________________________________________
Name of employer: _____________________________________________
The employer and employee agree to the employee cashing out a particular amount of the
employee’s accrued paid annual leave:
The amount of leave to be cashed out is: ____ hours/days
The payment to be made to the employee for the leave is: $_______ subject to deduction of income
tax/after deduction of income tax (strike out where not applicable)
The payment will be made to the employee on: ___/___/20___
Signature of employee: ________________________________________
Date signed: ___/___/20___
Name of employer representative: ________________________________________
Signature of employer representative: ________________________________________
Date signed: ___/___/20___
Include if the employee is under 18 years of age:
Name of parent/guardian: ________________________________________
Signature of parent/guardian: ________________________________________
Date signed: ___/___/20___
