Transcription of DECISION - Western Health
1 1 Fair Work Act 2009 Enterprise agreementVictorian Hospitals Industrial Association(AG2016/7282)VICTORIAN PUBLIC Health SECTOR ( Health AND ALLIED SERVICES, MANAGERS AND ADMINISTRATIVE WORKERS) SINGLE INTEREST ENTERPRISE AGREEMENT2016-2020 Health and welfare servicesCOMMISSIONER CRIBBMELBOURNE, 8 DECEMBER 2016 Application for approval of the Victorian Public Health Sector ( Health and Allied Services, Managers and Administrative Workers) Single Interest Enterprise Agreement 2016-2020.[1]An application has been made for approval of an enterprise agreement known as the Victorian Public Health Sector ( Health and Allied Services, Managers and Administrative Workers) Single Interest Enterprise Agreement 2016-2020(the Agreement). The application was made pursuant to of the Fair Work Act 2009 (the Act).
2 It has been made by Victorian Hospitals Industrial Association. The agreement is a single-enterprise agreement.[2]I am satisfied that each of the requirements of , 187 and 188 as are relevant to this application for approval have been met.[3]The Health Services Union of Australia(HSU) being a bargaining representative for the Agreement, has given notice under of the Act that it wants the Agreement to cover it. In accordance with (2) of the Act I note that the Agreement covers the organisation.[4]The Agreement is approved and, in accordance with of the Act, will operate from 15 December 2016. The nominal expiry date of the Agreement is30 September by authority of the Commonwealth Government Printer<Price code AH, AE422598 PR588360>[2016] FWCA 8834 DECISION VICTORIAN PUBLIC Health SECTOR ( Health AND ALLIED SERVICES, MANAGERS AND ADMINISTRATIVE WORKERS) SINGLE INTEREST ENTERPRISE AGREEMENT 2016-2020 ARRANGEMENT OF AGREEMENT ARRANGEMENT OF AGREEMENT 2 ARRANGEMENT OF AGREEMENT SECTION 1: COMMON TERMS.
3 4 SCHEDULE A EMPLOYERS COVERED ..7 SCHEDULE B SIGNATORIES ..8 SECTION 2: Health AND ALLIED SERVICES EMPLOYEES AND DENTAL ASSISTANTS ..9 PART A GENERAL TERMS .. 14 PART B CONSULTATION, DISPUTE RESOLUTION AND DISCIPLINE .. 19 PART C- TYPE OF EMPLOYMENT AND TERMINATION OF EMPLOYMENT .. 29 PART D- WAGES .. 42 PART E ALLOWANCES AND 52 PART F HOURS OF WORK AND RELATED MATTERS .. 66 PART G LEAVE AND PUBLIC HOLIDAYS .. 74 PART H EDUCATION AND PROFESSIONAL 109 PART I UNION AND OTHER RESOURCES .. 111 PART J CLASSIFICATION AND STAFFING .. 116 PART K WORKPLACE RIGHTS .. 124 SCHEDULE 2B WAGE RATES .. 129 SCHEDULE 2C - ALLOWANCES .. 142 SCHEDULE 2D CLASSIFICATION STRUCTURE .. 146 ARRANGEMENT OF AGREEMENT ARRANGEMENT OF AGREEMENT 3 SCHEDULE 2E SUPPORTED WAGE SYSTEM FOR EMPLOYEES WITH A DISABILITY.
4 191 INDEX FOR SECTION 2 .. 194 SECTION 3 MANAGERS AND ADMINISTRATIVE WORKERS TERMS AND CONDITIONS .. 197 PART A GENERAL TERMS .. 202 PART B CONSULTATION, DISPUTE RESOLUTION AND DISCIPLINE .. 207 PART C TYPE OF EMPLOYMENT AND TERMINATION OF EMPLOYMENT .. 217 PART D WAGES .. 229 PART E ALLOWANCES AND 238 PART F HOURS OF WORK AND RELATED MATTERS .. 245 PART G LEAVE AND PUBLIC HOLIDAYS .. 250 PART H EDUCATION AND PROFESSIONAL DEVELOPMENT .. 286 PART I UNION AND OTHER RESOURCES .. 289 PART J CLASSIFICATION AND STAFFING .. 294 PART K WORKPLACE RIGHTS .. 299 SCHEDULE 3B WAGE RATES .. 301 SCHEDULE 3C ALLOWANCES .. 304 SCHEDULE 3D CLASSIFICATION STRUCTURE .. 308 SCHEDULE 3E SUPPORTED WAGE SYSTEM FOR EMPLOYEES WITH A DISABILITY .. 340 SCHEDULE 3F WORKPLACE TRAINER/CAREERS ADVISOR.
5 343 INDEX FOR SECTION 3 .. 345 SECTION 1 COMMON TERMS SECTION 1 COMMON TERMS 4 SECTION 1: COMMON TERMS 1. Agreement Title This Agreement will be known as the Victorian Public Health Sector ( Health and Allied Services, Managers and Administrative Workers) Single Interest Enterprise Agreement 2016-2020. 2. Contents Section 1 SECTION 1: COMMON TERMS ..4 1. AGREEMENT TITLE ..4 2. CONTENTS SECTION 1 ..4 3. ARRANGEMENT OF THE AGREEMENT ..4 4. APPLICATION OF THIS 5. INCIDENCE & COVERAGE ..4 6. DEFINITIONS ..5 7. COMMENCEMENT DATE AND PERIOD OF OPERATION ..5 8. RELATIONSHIP TO PREVIOUS INDUSTRIAL INSTRUMENTS ..5 9. NO EXTRA CLAIMS ..5 10. SERVICE DELIVERY PARTNERSHIP PLAN ..6 SCHEDULE A EMPLOYERS COVERED ..7 ..8 3. Arrangement of the Agreement This Agreement is made up of: Section 1 (Common Terms); Section 2 ( Health and Allied Services Employees and Dental Assistants); and Section 3 (Managers and Administrative Workers).
6 4. Application of this Section The terms and conditions contained in Section 1 of this Agreement apply equally to all Employees. 5. Incidence & Coverage This Agreement covers: SECTION 1 COMMON TERMS SECTION 1 COMMON TERMS 5 the Employers; all Employees; the HWU if it is named by the Commission as a party covered by the Agreement. 6. Definitions In this Section 1: Act means the Fair Work Act 2009 (Cth). Agreement means the Victorian Public Health Sector ( Health and Allied Services, Managers and Administrative Workers) Single Interest Enterprise Agreement 2016-2020. Commission means the Fair Work Commission or any successor body. Employee means a person employed by an Employer listed in Schedule A of this Section 1 who is employed in any of the classifications set out in this Agreement, other than employees employed solely or predominantly in the provision of public mental Health services.
7 Employer means each organisation listed in Schedule A. HWU means Health Services Union Victoria No 1 Branch, trading as the Health Workers Union . 7. Commencement Date and Period of Operation This Agreement will come into effect seven days after the date of approval by the Commission. This Agreement will nominally expire on 30 September 2020. The Agreement will continue to operate after the nominal expiry date in accordance with the provisions of the Act. The parties will, six (6) months prior to the nominal expiry date of this Agreement, endeavour to commence negotiations for a replacement Agreement provided that any claim made by any party during this period may not be supported by industrial action. 8. Relationship To Previous Industrial Instruments This is a comprehensive agreement that operates to the exclusion of any award, workplace determination or other agreement which previously applied to Employees covered by this Agreement.
8 9. No Extra Claims This Agreement is reached in full and final settlement of all matters subject to claims by either party and for the life of the Agreement no further claims will be made or supported by the parties covered by the Agreement. SECTION 1 COMMON TERMS SECTION 1 COMMON TERMS 6 Nothing in this clause is intended to be inconsistent with the Act or remove the ability for this Agreement to be varied in accordance with the Act. 10. Service Delivery Partnership Plan The parties are committed to improving the productivity and efficiency of the Victorian public Health in the following areas: (a) patient treatment times through flow improvements and discharge practices; (b) patient safety through increased immunisation/vaccination rates; (c) occupational Health and safety interventions; (d) best practice in addressing absenteeism; (e) collaboration between the parties to reduce the environmental impact of Health services; (f) reducing disputation through joint education programs for managers and Employees with supervisory responsibilities.
9 (g) modernising the agreement through the development and implementation of common enterprise agreement clauses across agreements in the Victorian public Health sector where possible; and (h) jointly working to enable the Victorian Health system to excel in meeting the National Safety and Quality Health Service Standards. To facilitate the achievement of the above initiatives the parties agree to establish a Service Delivery Partnership Plan Working Group (SDPPWG) within six months of the agreement being approved by the Commission. The role of the SDPPWG will be to discuss, implement and monitor progress towards achieving the initiatives outlined in this clause. The SDPPWG will comprise nominated representatives from the HWU, the Victorian Hospitals Industrial Association and the Department of Health and Human Services (as required).
10 The SDPPWG may, by agreement, establish sub-groups or delegate individual matters to a relevant Health service(s) as required. A dispute over the implementation of this clause will be dealt with through conciliation in accordance with the relevant dispute resolution procedure(s) under this Agreement. SECTION 1 COMMON TERMS SCHEDULE A EMPLOYERS COVERED 7 SCHEDULE A EMPLOYERS COVERED 1. Albury Wodonga Health (Wodonga Hospital only) 2. Alexandra District Hospital 3. Alfred Hospital 4. Alpine Health 5. Austin Health 6. Bairnsdale Regional Health Service 7. Ballarat Health Services 8. Barwon Health 9. Bass Coast Regional Health 10. Beaufort and Skipton Health Service 11. Beechworth Health Service 12. Benalla Health Service 13.
