Bendigo Health Care Group (BHCG) Resident Society v Bendigo Health Care Group (BHCG)

[2012] FWA 4557

[2012] FWA 4557

FAIR WORK AUSTRALIA

STATEMENT

Fair Work Act 2009
s.739—Dispute resolution

Bendigo Health Care Group (BHCG) Resident Society
v
Bendigo Health Care Group (BHCG)
(C2012/3780)

Health and welfare services
DEPUTY PRESIDENT HAMILTON	MELBOURNE, 31 MAY 2012

Alleged dispute concerning mandatory roster posting requirements.

At a conference before me on Thursday 24 May 2012, the following was agreed, and in accordance with s.595(2)(b) of the Fair Work Act 2009 I make the following Statement:

1. The Respondent agrees it is in prima facie breach of its obligations arising under the AMA Doctor-in-Training (DIT) Agreement 2008-2012 [AE878489], namely:

1.1 14 day in advance roster posting setting out at least a four (4) week work pattern (14 day rule) [Clause 25.2)

1.2 genuinely free from service Registrar training time being expressed in published rosters (clause 10.27 and clause 25.1.2).

2. The Respondent agrees that the Roster Change Penalty (clause 25.6) does not enable avoidance of the 14 day rule namely:

2.1 the penalty only applies where it is unavoidable that a DIT works outside the published roster for a short defined period because of unpredictable and significant staff absence or clinical emergency / disaster situation; and

2.2 the published roster, having continued to exist during relevant events, returns to its normal operation once the short period elapses.

3. The Respondent agrees to immediately begin negotiations with AMA Victoria to implement a policy guaranteeing compliance with the 14 day rule. This Statement recommends the Alfred Health Rostering Posting Guideline (AH0410 – review date April 2013) as a reference to the parties.

3.1 the Respondent agrees to fully comply, across all Units, with the 14 day rule and implement compliant practice broadly consistent with the Alfred Health Guideline not later than 21 days from the date of this Statement.

3.2 the Respondent further agrees, after the conclusion of its negotiations with AMA, to submit a compliant policy for Executive Committee endorsement, then inclusion in all Unit Handbooks for immediate implementation. The policy’s endorsement will be an agenda item of the Executive Committee not later than its scheduled 4 July 2012 meeting.

4. The Respondent agrees to immediately begin negotiations with AMA Victoria to design and implement a whole of Health Service, at Unit level, roster consultation and review process.

4.1 this Statement recommends that the parties agree, as soon as possible, to a written protocol governing the consultation and review that includes the following features:

4.1.1 the objectives are to consult with DITs at Unit level and AMA Victoria:

4.1.1(a) to ensure rosters accurately reflect the true job size (the predictable start and finish times inclusive of rostered overtime and the mandatory AMA Safe Hours test(clause 5.3);

4.1.1(b) to ensure Registrar rosters accurately reflect genuinely available and free from service training time;

4.1.1(c) to ensure there is management, policies and procedures guaranteeing availability of Registrar free from service training time (or paid free study release where evidence demonstrates in service commitments prohibit traditional training time); and

4.1.1(d) to implement, within three (3) months of this Statement, AMA DIT Agreement 2008-2012 compliant rosters across all Health Service Units.

4.1.2 completions of the consultation and review process across all Units must occur not later than two (2) months from the date of this Statement.

4.1.3 at the earliest opportunity after the completion of each Unit’s consultation and review process, the data gathered from DITs about their hours of work and information gathered about what could constitute compliant free from service Training Time should be provided to Unit management and DITs for their review and response.

4.1.4 draft rosters are to be provided to all Units for comment and review prior to implementation.

This Statement shall come into effect today, 31 May 2012.

DEPUTY PRESIDENT

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