MA000065 PR704336

The attached document replaces the document previously issued with the above code on 30 January 2019.

In Item 1 the reference to renumbering clause 3.8 to 3.9 has been deleted.

In Item 7 all references to clause 11.6 has been changed to 11.7.

In Items 7 and Items 9 ‘inserting’ has been replaced by ‘substituting’.

In Item 8 all references to clause 11.7 has been changed to 11.8.

Modern Awards, Economics and Research Section

On behalf of the Associate to Vice President Catanzariti

Dated 31 January 2019

Fair Work Act 2009
s.156 - 4 yearly review of modern awards

4 yearly review of modern awards—Education Group
(AM2015/6)

PROFESSIONAL EMPLOYEES AWARD 2010
[MA000065]

4 yearly review of modern awards – Professional Employees Award 2010 – substantive issues.

A. Further to the Full Bench decision issued by the Fair Work Commission on 29 January 2019 1 the above award is varied as follows:

1. By renumbering clause 3.7 as clause 3.8.

2. By inserting the following clause 3.7:

3.7 Medical researcher stream

Academic qualifications means:

(a) a university degree majoring in a medical research discipline as defined (three, four or five year course) from:

(i) an Australian, New Zealand, United Kingdom or United States of America university or from an Australian tertiary educational institution; or

(ii) such other university recognised as providing an equivalent standard; or

(b) a PhD, Research Doctorate or Master's degree majoring in a medical research discipline as defined.

Experienced medical research employee means a Professional medical research employee with the undermentioned qualifications and employed by a medical research institute in employment the adequate discharge of any portion of the duties of which employment requires that:

(a) they have graduated with a PhD, Research Doctorate or Master's degree majoring in a medical research discipline as defined; or

(b) they, not having so graduated, will have had further experience in professional medical research duties, after obtaining their university degree, as follows:

(i) when a graduate (four or five year course) – four years’ experience;

(ii) when a graduate (three year course) – five years’ experience.

Graduate medical research employee means a Professional medical research employee employed by a medical research institute, other than an Experienced medical research employee, that is, a person possessing a university degree majoring in a medical research discipline (three, four or five year course) from an Australian, New Zealand, United Kingdom or United States of America university or from an Australian tertiary educational institution.

health services means activities that are intended or claimed by the entity performing them to:

(a) assess, maintain or improve an individual's health;

(b) diagnose an individual's illness, injury or disability; or

(c) treat an individual's illness, injury or disability or suspected illness, injury or disability.

higher education organisation means an educational institution providing undergraduate and post-graduate teaching leading to the conferring of degrees.

medical research discipline means medicine, science, and health related disciplines relating to the improvement of health, the prevention, diagnosis and treatment of health, the provision of health care, public health and medical research.

medical research institute means a not-for-profit organisation:

(a) principally engaged in basic, applied, translational or clinical research; and

(b) operating for the primary purpose of the cure, diagnosis, prevention and treatment of disease,

but does not include:

(c) organisations operating for the primary purpose of the provision of health services;

(d) higher education organisations as defined;

(e) Commonwealth, State or Territory government agencies.

Professional medical research employee means a person employed by a medical research institute and qualified to carry out professional medical research duties as defined. The term Professional medical research employee will embrace and include Graduate medical research employee and Experienced medical research employee as defined in this clause.

professional medical research duties means duties

(a) carried out by a person in a medical research institute;

(b) directly relevant to basic, applied, translational or clinical research; and

(c) the adequate discharge of any portion of which duties requires a person to hold the Academic qualifications as defined,

but excludes duties which indirectly support such research duties, such as clerical, administrative and computing support.

3. By renumbering clauses 4.3 to 4.10 as clauses 4.4 to 4.11 respectively.

4. By inserting the following clause 4.3:

4.3 This award covers employers throughout Australia principally engaged as a medical research institutes with respect to their employees performing professional medical research duties who are covered by the classifications in Schedule C—Medical Research Employees and those employees.

5. By renumbering clauses 4.4(d) to 4.4(g) as 4.4(e) to 4.4 (h) respectively.

6. By inserting the following clause 4.4(d):

(d) Nurses Award 2010;

7. By deleting clause 11.7 and substituting the following:

11.7 Notification of responsibility level

An employee must on appointment and/or upon request be informed by their employer of the responsibility level as described in Schedule B—Classification Structure and Definitions or Schedule C—Medical Research Employees which the employer considers relevant to the employee’s employment having regard to the duties performed by the employee concerned.

8. By deleting clause 11.8 and substituting the following:

11.8 Evidence of qualifications

(a) An employee who is employed under this award or who is an applicant for employment covered by this award, must if and when required to do so by the employer, produce to the employer written evidence that they possess or have acquired the qualifications of a Qualified engineer, Experienced engineer, Qualified scientist, Experienced scientist, Graduate information technology employee or, Experienced information technology employee, Graduate medical research employee or Experienced medical research employee.

(b) Where an employee has failed to produce to the employer written evidence that they possess or have acquired the relevant qualifications and the employee subsequently claims to be entitled to payment at a rate prescribed by this award, it will be a defence to the employer if the employer establishes that during the said period the employer did not know and had no reason to believe that the employee had acquired the qualifications of a Qualified engineer, Experienced engineer, Qualified scientist, Experienced scientist, Graduate information technology employee or, Experienced information technology employee, Graduate medical research employee or Experienced medical research employee.

9. By deleting clause 14 and substituting the following:

14. Classifications

The classification definitions in Schedule B—Classification Structure and Definitions and Schedule C—Medical Research Employees will apply.

10. By deleting clause 15 and substituting the following:

15. Minimum wages

The minimum annual wages payable to full-time employees in the classifications defined in Schedule B—Classification Structure and Definitions and Schedule C—Medical Research Employees are:

11. By deleting the first paragraph of Schedule B and inserting the following:

For employment involving the performance of professional duties except professional medical research duties, the following classification definitions apply:

12 By renumbering Schedules C and D as Schedules D and E.

13. By inserting a new Schedule C as follows:

Schedule C—Medical Research Employees

For employment involving the performance of professional medical research duties, the following classification definitions apply:

C.1 Professional responsibility levels

C.1.1 Level 1—Graduate professional medical research employee

(a) The employee undertakes initial professional medical research duties of limited scope and complexity that support and contribute to the research efforts of the research unit.

(b) Under supervision from higher level Professional medical research employees as to method of approach and requirements, the employee performs normal professional medical research duties and exercises individual judgment and initiative in the application of principles, techniques and methods.

(c) In assisting more senior Professional medical research employees by carrying out tasks requiring accuracy and adherence to established research methods, the employee draws upon advanced techniques and methods learned during and after the undergraduate course.

(d) Training, development and experience using a variety of standard procedures, enable the employee to develop increasing professional judgment and apply it progressively to more difficult tasks at Level 2.

(e) Decisions are related to tasks performed, relying upon precedent or defined procedures for guidance.

(f) Work is reviewed by higher level Professional medical research employees for validity, adequacy, methods and procedures. With professional development and experience, work receives less review, and the employee progressively exercises more individual judgment until the level of competence at Level 2 is achieved.

(g) The employee may assign and check work of technical staff assigned to work on a common project.

C.1.2 Graduate professional—appointment and progression

(a) Pay Point 1.1

Means the pay point to which a graduate will be appointed where they possess and may be required to utilise a level of professional skill and knowledge based on either the completion of an accredited three, four or five year tertiary qualification in Australia or equivalent.

(b) Pay Point 1.2

Means the pay point to which a graduate will be appointed or will progress from Pay Point 1.1 having been assessed as being competent at Pay Point 1.1, where the graduate possesses and may be required to utilise a level of professional skill and knowledge based on, in addition to the experience, skill and knowledge requirements for Pay Point 1.1, not more than one further year of practical professional experience, with supervision as appropriate.

(c) Pay Point 1.3

Means the pay point to which a graduate will be appointed or will progress from Pay Point 1.2 having been assessed as being competent at this Pay Point, where the graduate possesses and may be required to utilise a level of professional skill and knowledge based on, in addition to the experience, skill and knowledge requirements for Pay Point 1.2, not more than one further year of practical professional experience, with supervision as appropriate.

(d) Pay Point 1.4

Means the pay point to which a graduate will be appointed or will progress from Pay Point 1.3 having been assessed as being competent at this Pay Point, where the graduate possesses and may be required to utilise a level of professional skill and knowledge based on, in addition to the experience, skill and knowledge requirements for Pay Point 1.3, not more than one further year of practical professional experience, with supervision as appropriate.

C.1.3 Annual review

Subject to the requirements of each Pay Point, each graduate will progress on their annual anniversary date from one Pay Point to the next, having regard to the acquisition and utilisation of core competencies through experience in their practice setting/s over such period. Confirmation of the employee’s progression to the next Pay Point will be provided by the employer in writing.

C.1.4 Deferral

Progression from one Pay Point to the next may be deferred or refused by the employer. Such deferral or refusal of progression will not be unreasonably or arbitrarily imposed by the employer. Any decision to defer or refuse progression to the next pay point will be confirmed in writing.

C.1.5 Appeal and review

An employee may appeal a deferral, provided that where any such appeal results in a revocation of the employer’s decision, Pay Point progression will be deemed to operate and be payable from the employee’s anniversary date for such progression. An appeal or review, for the purpose of this clause, will be undertaken and resolved in accordance with clause 10—Dispute resolution of this award.

C.1.6 Accelerated advancement

Progression from one Pay Point to the next may be advanced by the employer to occur prior to the annual anniversary date provided that any such advancement is referable to the requirements for each Pay Point.

C.1.7 Level 2—Experienced professional medical research employee

(a) The Experienced professional plans and conducts professional medical research duties without detailed supervision but with guidance and is usually engaged in more responsible assignments requiring substantial professional experience.

(b) An employee at this level:

(i) contributes to the research outputs of a research group and/or their impact on health and community outcomes;

(ii) normally has a greater degree of autonomy and responsibility, including the conduct of components of independent research projects within an overall program, development of more advanced technical skills, and the guidance and support of students or more junior staff with respect of methodology and procedure;

(iii) may present at conferences and seminars, and provide input into the preparation of submissions to external funding bodies and other agencies; and

(iv) normally undertakes administrative functions in relation to their area of research.

C.1.8 Level 3—Experienced medical research employee

(a) An employee at this level performs duties requiring the application of mature professional knowledge, with scope for individual accomplishment and the oversight of research projects. They should either be receiving or working towards obtaining independent research funding.

(b) An employee at this level is expected to:

(i) contribute to the research direction of a research team, including, where appropriate, overseeing a research team within a research group and within broad guidelines requiring conformity with overall objectives and relative priorities;

(ii) make independent, original contributions to their area of research and/or its impact on health and community outcomes;

(iii) produce research that results in publications or influences health guidelines, health policy or other health advancements, either independently or through collaborations with other researchers, health professionals, policy officers or other relevant professionals;

(iv) present at conferences and seminars, and prepare submissions to external funding bodies and other agencies; and

(v) supervise support staff and other technical staff and guide the research efforts of more junior Professional medical research employees and Honours or Research Higher Degree students.

C.1.9 Level 4—Experienced medical research employee

(a) An employee at this level is expected to have made a considerable original contribution to their area of research and be acknowledged nationally in their area of expertise. They will generally receive independent research funding.

(b) An employee at this level is expected to:

(i) play a major role in the research direction of a research group, including, where appropriate, leading a research group or managing research projects;

(ii) hold a considerable record of independent, original contributions to an area of research and/or its impact on health and community outcomes;

(iii) produce research that results in publications or influences health guidelines, health policy or other health advancements, either independently or through collaborations with other researchers, health professionals, policy officers or other relevant professionals at a national or international level;

(iv) present at national and international conferences and seminars;

(v) prepare submissions to external funding bodies and other agencies, and play a role in the financial management of funding; and

(vi) supervise and advise other research staff, guide the research efforts of more junior Professional medical research employees, and supervise Honours or Research Higher Degree projects and students.

C.1.10 Level 5—Experienced medical research employee

(a) An employee at this level is expected to have achieved recognition as an authority nationally or internationally in their area of research expertise, and play a leading role within the research community. They will oversee a program of research and receive independent research funding.

(b) An employee at this level is expected to:

(i) lead a research team/unit within their organisation, including conceiving programs and problems to be investigated and determining research strategy and direction;

(ii) make responsible decisions on all matters, including ways of attaining research program objectives and financial management of research funding, subject only to overall policy and financial controls;

(iii) hold a substantial/major record of independent, original contributions to an area of research and/or its impact on health and community outcomes;

(iv) oversee research that results in publications or influences health guidelines, health policy or other health advancements, either independently or through collaborations with other researchers, health professionals, policy officers or other relevant professionals at a national or international level;

(v) present at national and international conferences and seminars;

(vi) support and guide the research efforts of Professional medical research employees in the research team/unit, direct staff, and supervise Research Higher Degree projects and students.

11. By updating the table of contents and cross-references accordingly.

B. This determination comes into operation from 1 February 2019. In accordance with s.165(3) of the Fair Work Act 2009 this determination does not take effect until the start of the first full pay period that starts on or after the date of operation.

VICE PRESIDENT

 1   [2019] FWCFB 488.

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