Re Making of a modern award - Health Practitioners and Dental Officers (Queensland Health) Award - State 2014
[2014] QIRC 195
•25 November 2014
QUEENSLAND INDUSTRIAL RELATIONS COMMISSION
CITATION: Re Making of a modern award - Health Practitioners and Dental Officers (Queensland Health) Award -
State 2014 [2014] QIRC 195PARTIES: Together Queensland, Industrial Union of Employees United Voice, Industrial Union of Employees,
QueenslandState of Queensland (Department of Health) Queensland Nurses' Union of Employees The Australian Workers' Union of Employees,
QueenslandCASE NOS: MA/2014/130 MA/2014/131 MA/2014/132 MA/2014/133 MA/2014/134
PROCEEDING: Making of a Modern Award DELIVERED ON: 25 November 2014 HEARING DATE: 13 and 15 October 2014 MEMBER: Deputy President Kaufman Industrial Commissioner Thompson
Industrial Commissioner KnightORDERS :
1. That the Health Practitioners and Dental Officers (Queensland Health) Award - State
2014 be made.2. That the Health Practitioners and Dental Officers (Queensland Health) Award - State
2014 commence operation on 17 October 2014.
3. That those provisions of the District Health Services Employees Award - State 2012, insofar as they operate in respect of employees covered by the Health Practitioners and Dental Officers (Queensland Health) Award - State 2014, be repealed on and from 17 October 2014 subject to the provisions of s 824 of the Industrial Relations Act 1999.
CATCHWORDS:
MAKING OF A MODERN AWARD - Section 140C(1) of the Industrial Relations Act 1999 - Request from the Attorney-General and Minister for Justice that a modern award for Health Practitioners and Dental Officers (Queensland Health) be made by 17 October 2014 -
Health Practitioners and Dental Officers (Queensland
Health) Award - State 2014 - Modern Award madeCASES: Industrial Relations Act 1999, 71LA, 71LB, s 140BA,
s 140BB, s 140C, s 140CC, s 140CD, s140D
Hospital and Health Boards Act 2011, s 67
Public Service Act 2008
District Health Services Employees Award - State 2012
Health Practitioners' (Queensland Health) Certified
Agreement (No. 1) 2007 (HPEB1)
Health Practitioners' (Queensland Health) Certified
Agreement (No. 2) 2011 (HPEB2)
Health Professionals and Support Services Award 2010
Public Services Officers and Other Employees Award -
State 2014Queensland Public Health Certified Agreement (No.8)
2011Resident Medical Officers (Queensland Health) Award -
State 2014Re: Referral pursuant to s 140C(1) of the Industrial
Relations Act 1999 for a modern award - Health
[2014] QIRC 088APPEARANCES:
Mr A. Herbert, of Counsel, instructed by McCullough Robertson for the State of Queensland (Department of Health)
Mr R. Rule, of Together Queensland Industrial Union of
Employees
Ms K. Badke, of United Voice, Industrial Union of
Employees, Queensland
Ms L. Booth, of the Queensland Nurses' Union of
Employees
Mr B. Watson, of The Australian Workers' Union of
Employees, Queensland
Reasons for Decision
[1] This Full Bench is tasked with making a modern award (the Award) for health professionals, including dental officers and health practitioners (Health), employed by the Queensland Government (Department of Health) and by prescribed hospital and health services established in accordance with the Hospital and Health Boards Act 2011.
[2] The Award is required to be made by virtue of a request (the Request) by the Attorney-General and Minister for Health pursuant to section 140C(1) of the Industrial Relations Act 1999 (the Act).
[3] Section 140CC of the Act requires the Commission to carry out the award modernisation process in accordance with the Request.
[4] Section 140CD requires the Commission to complete an award modernisation process by the date stated in the Request relating to the process or any later date stated in a variation notice.
[5] In preparing our reasons we noted that by a variation dated 27 August 2014 the Request (which has been previously varied) was further varied to require the Commission to create a modern award for Health (the Award) by 31 August 2014.
[6] In order that the parties could address us on the ramifications of making an award after the date mandated by s 140CD we relisted the matter for further hearing at 10.30 am on Wednesday 15 October 2014.
[7] On the morning of 15 October 2014 we were provided with a further variation to the request which extended the time for the making of this award to 17 October 2014.
[8] None of the parties submitted that there are now any impediments to the making of the Award and we consider that we are bound to make it, and will do so.
Background
[9] On 1 September 2014, the Vice President received a proposed modern award to cover health professionals including health practitioners and dentists from Deputy President Bloomfield, who oversees the Award Modernisation Team (AMOD Team). The coverage of the proposed award conforms with a decision of a Full Bench of the Commission of 23 May 2014 which decided that there are to be four modern awards in Health: an award covering medical officers; an award covering nurses, including midwives; an award covering health professionals, including health practitioners and dentists; and an award covering all other staff not employed under the Public Service Act 2008[1]. This Full Bench is only concerned with the making of an award for the third category - health professionals, including health practitioners and dentists. We do not differentiate between dentists and dental officers.
[1] Re: Referral pursuant to s 140C(1) of the Industrial Relations Act 199 for a modern award - Health [2014]
[10] In referring the proposed award to the Vice President, Deputy President Bloomfield noted that there is no underpinning award for it in that it will be made as a result of the decision of the abovementioned Full Bench. We note that many of the employees to be covered by the Award were previously covered by the District Health Services Employees Award - State 2012 ("DHSEA").
[11] Before creating the draft that has been referred to this Full Bench the AMOD Team convened several conferences to which it invited relevant organisations to comment on the form of the Award. As a result of the consultation process many of the terms to be included in the Award are not contentious.
[12] Following the making of various directions orders interested organisations being: the State of Queensland (Department of Health) (Queensland Health); Queensland Nurses Union of Employees (QNU); Together Queensland, Industrial Union of Employees (Together) and United Voice, Industrial Union of Employees, Queensland (UV) indicated those clauses in the proposed award to which they had objections and filed submissions in support of their positions. Pursuant to a direction requiring the filing of replies by 4.00 pm on 10 October 2014 Queensland Health, UV and Together filed their replies. The Australian Workers' Union of Employees, Queensland (AWU) which has an interest in Anaesthetic Technicians, has also filed submissions.
[13] Health professionals, including health practitioners, but not dentists, are covered by the Health Practitioners (Queensland Health) Certified Agreement (No.2) 2011 (HPEB2) ("HPEB2"). Dentists are covered by the Queensland Public Health Certified Agreement (No.8) 2011. It is these employees who will be covered by the Award.
[14] Chapter 5, Part 8 of the Act deals with the modernisation of awards.
[15] Sections 140BA, 140BB and 140C relevantly provide:
"140BA Object of modernising awards
The principal object of this part is to provide for the modernisation of awards so they-
(a) are simple to understand and easy to apply; and (b)
together with the Queensland Employment Standards, provide for a fair minimum safety net of enforceable conditions of employment for employees; and
(c)
are economically sustainable, and promote flexible modern work practices and the efficient and productive performance of work; and
(d)
are in a form that is appropriate for a fair and productive industrial relations system; and
(e)
result in a certain, stable and sustainable modern award system for Queensland.
140BB Commission's award modernisation function
(1)
The functions of the commission include carrying out a process (award modernisation process) to reform and modernise pre-modernisation awards.
(2) In performing its functions under this part, the commission must have
regard to the following factors-
(a)
promoting the creation of jobs, high levels of productivity, low inflation, high levels of employment and labour force participation, national and international competitiveness, the development of skills and a fair labour market;
(b) the need to help prevent and eliminate discrimination in employment;
(c)
protecting the position in the labour market of young people, employees engaged as apprentices or trainees and employees with a disability;
(d) the needs of low-paid employees; (e)
the need to promote the principle of equal remuneration for work of equal value;
(f)
the need to help employees balance their work and family responsibilities effectively and to improve retention and participation of employees in the workforce;
(g) the safety, health and welfare of employees; (h) the Queensland minimum wage; (i) the desirability of reducing the number of awards operating under this Act;
(j) the representation rights of organisations and associations under this Act.
(3) This section does not limit section 140D. 140C Minister may make award modernisation request
(1) The Minister may give the commission a written notice (an award modernisation request) requesting that an award modernisation process be carried out. (2) An award modernisation request must state-
(a) details of the award modernisation process that is to be carried out; and (b) the day by which the process must be completed. (3) The day stated in the notice under subsection (2)(b) must not be later than 2 years after the day on which the award modernisation request is given to the commission. (4) An award modernisation request may state any other matter about the
award modernisation process the Minister considers appropriate.(5) Without limiting subsection (4), the award modernization request may-
(a) require the commission to- (i) prepare progress reports on stated matters about the award modernisation process; and
(ii) make the progress reports available as stated in the request; or state permitted matters about which provisions must be included in a modern award; or
(b)
(c)
direct the commission to include in a modern award terms about particular permitted matters; or
(d)
give other directions about how, or whether, the commission must deal with particular permitted matters.
(6) In this section-
permitted matter means a matter about which provisions may be included
in a modern award under chapter 2A, part 3, division 1 or 2."
[16] Section 140D sets out the modern award objectives to which we have had regard in the making of the Award. It provides:
"140D Modern awards objectives
(1)
In exercising its chapter 5A powers, the commission must ensure modern awards, together with the Queensland Employment Standards, provide a minimum safety net of employment conditions that is fair and relevant.
(2) For subsection (1), the commission must have regard to the following-
(a) relative living standards and the needs of low-paid employees; (b)
the need to promote social inclusion through increased workforce participation;
(c)
the need to promote flexible modern work practices and the efficient and productive performance of work;
(d)
the need to ensure equal remuneration for male and female employees for work of equal or comparable value;
(e) the need to provide penalty rates for employees who- (i) work overtime; or
(ii) work unsocial, irregular or unpredictable hours; or
(iii) work on weekends or public holidays; or
(iv) perform shift work;
(f) the likely impact of the exercise of the chapter 5A powers on business, including on productivity, employment costs and the regulatory burden; (g) the need to ensure the modern award system-
(i) is simple and easy to understand; and (ii) is certain, stable and sustainable; and (iii) avoids unnecessary overlap of modern awards; (h) the financial position considerations, including the likely impact of the exercise of the chapter 5A powers on those considerations; (i) the likely impact of the exercise of the chapter 5A powers on-
(i) employment growth and inflation; and (ii)
the sustainability, performance and competitiveness of the Queensland economy.
(3) Also, to the extent the commission's chapter 5A powers relate to setting, varying or revoking minimum wages in modern awards, the commission must establish and maintain a minimum safety net of fair minimum wages, having regard to-
(a) the matters mentioned in subsection (2)(a) to (d), (h) and (i); and (b) providing a comprehensive range of fair minimum wages to- (i) young employees; and
(ii) employees engaged as apprentices or trainees; and
(iii) employees with a disability.
(4) The objectives of the commission under subsections (1) and (2) are the modern awards objectives..."
[17] Chapter 2A, Part 3 of the Act prescribes the content of modern industrial instruments, including modern awards. Section 71LA provides that only provisions that are required or permitted, as described in that section, may be included in a modern industrial instrument, which includes a modern award. Section 71LB deals with non- allowable provisions which are provisions that may not be included in a modern industrial instrument. Division 2 sets out the required content for all modern industrial instruments in subdivision 1 and for modern awards in subdivision 2. Division 3 deals with permitted content, for all modern industrial instruments in subdivision 1 and for modern awards in subdivision 2. Division 4 in subdivision 1 sets out the non- allowable content for all modern industrial instruments, that is, it sets out those matters that may not be included in any modern industrial instrument. Subdivision 2 deals with non-allowable content for modern awards.
[18] We have endeavoured to ensure that the Award complies with these requirements.
The Coverage of the Award
[19] The nature of that portion of Health to be covered by the Award can be gleaned from its coverage clause. The Award applies to the health practitioners and dental officers described in Schedule 2 who are employed by Queensland Health or by prescribed hospital and health services established in accordance with the Hospital and Health Boards Act 2011. Under the provisions of that Act, employees who work at prescribed hospitals and health services cease to be employed by Queensland Health and are instead employed directly by those services. There is a devolution for the responsibility of operating those services from the Department to the services.
[20] Although there has not been a dedicated award specifically setting out the terms and conditions of health professionals, the classifications to be covered by the Award, including dentists, are presently to be found in the DHSEA¸ amongst many other non- professional classifications that will not be covered by the Award. However, there has, for some years, existed a certified agreement dealing specifically with health professionals, including health practitioners, but not dentists. The current iteration of that agreement is HPEB2. As was observed by the Full Bench in its decision in relation to what awards are to made in Health,2 health practitioners and dentists are skilled professionals who generally hold some form of tertiary qualification or equivalent. It is for that reason that the industrial parties, over the course of years, created the first certified agreement for health professionals in 2007. HPEB2 replaced it in 2011.
[21] We heard the matter on 13 October 2014. Affidavits were filed on behalf of Christine Ann Fox, Ross Douglas Uhlmann, Peter Lindsay Cattach, James Patrick Gannon, and Julie Ann Hulcombe. None of the deponents was required for cross-examination and, accordingly we have taken the affidavits as read. We do not consider it necessary to mark them as exhibits.
[22] Many of the clauses in the proposed Award are not contentious and we accept that those clauses are appropriate for inclusion in a modern award and they will form part of the award that we make. We have made some grammatical and typographical changes which do not impact upon those clauses.
[23] We will now deal with the clauses that one or other of the parties has objected to or sought to change.
Minor Amendments
[24] Minor changes have been suggested by Queensland Health to clauses 3, 9.2(f), 9.3(f), 12.2(a), 12.9, 12.13(d), 15.3, 23(a), 23(b), 23(c), 23(d), 25(b), 28(c) and 29. As none of the unions has objected to the changes, we will make the changes sought by Queensland Health.
Clause 4 - Coverage
[25] QNU seeks to have the award apply to health practitioners and dental officers who are health service employees described in schedule 2 of the award. The emphasised words are not currently in the proposed award. We accept this amendment as it makes it clear that the employees are those employed by either Queensland Health or hospital or health services, which are defined in the Award.
[26] QNU also seeks to have the health service chief executive of each prescribed hospital and health service identified as the person to whom the award applies. The emphasised words are not currently in the proposed award. We accept the submission of Queensland Health that pursuant to s 67 of the Hospital and Health Boards Act 2011 it is the prescribed service, the hospital health service, that is the employer and we will not amend clause 4(b) of the proposed award.
Clause 9.4 - Probationary employment
[27] QNU seeks to restrict probationary employment to a period not greater than six months. The current proposed clause permits probationary employment for a reasonable period. We consider that the proposed clause ought to be adopted. "Reasonable" is a generally used and understood expression. We agree with Queensland Health that a cap of six months will limit the flexibility of employers to agree with employees for a probationary period of more than six months in appropriate circumstances. We will not insert the limitation sought by QNU.
Dental assistants
[28] UV submits that the Award should extend to dental assistants. The main basis for this submission is that dental assistants are the only members of a dental team who will not be covered by the Award. We will not extend the coverage of the award to dental assistants because they are not health professionals in the sense that they are not required to have a certificate, diploma or degree in order to be able to perform their functions. They are not an occupational group covered by HPEB2 or its predecessor and, in our view are not an appropriate group for coverage by the Award.
[29] Accordingly, contrary to UV's submission, the "dental officer stream" will not be changed to the "dental stream". Clauses 12.2(a) and (b) will remain in the form of the proposed award.
Work Level Statements v Generic Level Statements
[30] The proposed award contains, at Schedule 3, a list of Generic Level Statements (GLS). GLS are defined in the proposed award as meaning "a broad, concise statement of the duties, skills and responsibilities indicative of a given classification level."
[31] Together and UV seek the retention of the Work Level Statements (WLS) that currently appear in Schedule 2 to HPEB2. Under the heading "What are the work level statements?" HPEB2 states:
"The work level statements aim to describe the scope and nature, knowledge, skills and expertise and accountability of work which is undertaken at each level to ensure consistency of classification across this workforce. Each level systematically builds on the level below.
Although the work level statements provide a generic description of health practitioner roles at each of the given HP levels, they are not a job description and are not designed to be used as such."
[32] The unions seek a similar definition in the award that we will make:
"Work Level Statements (WLS) provide a generic description of health practitioner roles at each of the given health practitioner (HP) levels which aim to describe the scope, nature, knowledge, skills, expertise and accountability of work undertaken at each level to ensure consistency of classification across the workforce."
[33] The unions oppose the replacement of WLS with GLS albeit that UV seeks to retain the GLS from the DHSEA for the dental stream. The unions submit that WLS are more appropriate primarily because they are an agreed set of descriptors that were developed by the industrial parties over a long period of negotiation for Health Practitioners' (Queensland Health) Certified Agreement (No. 1) (HPEB1) ("HPEB1") and HPEB2. They point to clause 17.2 of HPEB2 which provides:
"…the parties agree to review and clarify the work level statements within three months of certification of the Agreement. Once the final version of the work level statements is completed, an application will be made to incorporate the work level statements into the Award in accordance with clause 10.1."
[34] The unions submit that the WLS are well known and understood by those covered by the proposed award, in that they have been developed to accurately describe the expectations at each level and that the agreement of the parties as, recorded at clause 17.2 of HPEB2, ought to be given effect.
[35] Mr Rule, who appeared for Together, submitted that the issue is largely semantic and although the WLS are more detailed, there is not a vast difference between the two sets of descriptors. He further submitted that the WLS are necessary in order that, when a new position is created in a health service, the health service needs to be able to identify what is the appropriate classification for that position and in order to enable it to do that it needs descriptors. For those reasons, the award is the most appropriate place in which to have those descriptors.
[36] Queensland Health submitted that WLS are more detailed descriptors of the knowledge, skills and expertise and accountability required of individual roles than are the GLS. It notes that all current Queensland Health awards contain GLS, as do awards covering many public service employees. Queensland Health further submits that weight should be given to the fact that the corresponding federal modern award - the Health Professionals and Support Services Award 2010 contains GLS only. Our perusal of the federal award discloses that the descriptors in the federal award are significantly less detailed than are the GLS in the proposed award.
[37] As to the intention of the parties described in clause 17.2 of HPEB2, Queensland Health submits that, albeit the review was finalised in May 2013, the changes to the Act made when the award modernisation provisions were introduced have overtaken events. The repeal of s 25 precludes a pre-modernisation award being varied, and the modern award objectives and other provisions in Part 8 of the Act have the effect that it is not appropriate to include WLS in the Award.
[38] In our view GLS are more appropriate for inclusion in a modern award than are WLS. Although to some extent they serve the same purpose, WLS are more prescriptive and descend to levels of detail that are more appropriately dealt with by an enterprise agreement. This will allow greater flexibility by enabling the parties to deal with emerging situations as they arise.
[39] We observe that the WLS contained in HPEB2 will continue to operate and prevail over the Award until a new certified agreement is made or for three years from the nominal expiry date of HPEB2.
[40] The Award will not contain WLS. We will incorporate the GLS in the proposed draft save that where the word "role" is used as an abstract noun we will replace it with the concrete noun "employee" where it is intended to be used in the active voice.
Minimum Salary Levels - clause 12
[41] The salary rates contained in the proposed award were prepared by the AMOD Team using the methodology proposed by Queensland Health.
[42] Section 140D(1) of the Act requires the commission to ensure that modern awards, together with the Queensland Employment Standards, provide a minimum safety net of employment conditions that is fair and relevant.
[43] Although the DHSEA covers health professionals and dental officers the classification structure in that award does not reflect the classification structure that in practice applies to those employees under HPEB2. The current rates in the DHSEA are based on the enterprise bargaining salary rates for employees covered by that award as at on September 2007 and increased by the amounts awarded by State Wage Case General Rulings since that time. The same methodology has been used to arrive at the rates contained in the proposed award.
[44] The unions submit that the existing certified agreement rates should be the minimum rates provided for by the Award. We do not accept this submission. The rates proposed by the unions would not represent a properly fixed minimum safety net.
[45] As the rates appearing in the proposed award do not reflect the September 2014 State Wage Case General Ruling, Queensland Health has provided an amended schedule of rates incorporating those increases. It is those rates that will be included in clause 12 of the Award.
Appointment to classification levels - clause 12.6
[46] Clause 12.6 of the proposed award provides entry levels for the appointment to various classification levels dependent on the qualifications of the person being appointed to the position. Queensland Health objects to the inclusion of clause 12.6 on the basis that it is derived from HPEB2 and, further, that it has not operated satisfactorily to date because it does not differentiate between those employees who, on appointment, are "work ready" and those who require a period of supervised practice in order to fulfil the requirements of the relevant professional body for their discipline.
[47] Although we have some sympathy with the desire of the unions to ensure that new appointees are appropriately located in the classification scheme, we are not inclined to include a clause derived from a certified agreement which does not appear to be operating satisfactorily. Julie Ann Hulcombe, a chief allied health officer with Queensland Health, in her affidavit, detailed some examples of the anomalies that have arisen under this provision.
[48] We note that clause 12.6 will be the subject of bargaining for the next certified agreement and that it will continue to operate until it is replaced. In the circumstances we do not consider it appropriate to be included in the Award.
Allowances - clause 13(c)(v)
[49] Clause 13(c)(v) entitles an employee to be paid a meal allowance of $12.10 in the event that the employee has been given notice to work overtime but is not required to do so and has brought a prepared meal to work. Queensland Health objects to the inclusion of this clause which currently appears in HPEB2. The unions support its retention and note that it is included in the recently made Queensland Public Service Officers and Other Employees Award - State 2014 ("Public Service Award"). Queensland Health notes that the clause does not appear in the also recently made Resident Medical Officers (Queensland Health) Award - State 2014 ("RMO Award") which it submits is a more relevant comparator.
[50] We do not consider that this clause ought to appear in a modern award. In our view it does not represent a safety net provision and is more appropriate as a subject for enterprise bargaining. We note that the inclusion of that clause in the Public Service Award was not opposed.
Divisional and district parities
[51] The unions seek the inclusion of an allowance currently found in the DHSEA which was intended to compensate employees for hardships associated with working in remote areas. The quantum of the allowance ranges from 90 cents per week ($46.80 per annum) to $3.25 per week ($169 per annum). Christine Ann Fox, in her affidavit filed on behalf of Together, deposed that this small allowance provides some incentive to attract a skilled workforce to regional, rural and remote areas of Queensland and that the loss of the allowance is likely to impact on the ability to recruit experienced health practitioners to positions outside the south-east corner of Queensland potentially affecting the health care of regional, rural and remote Queenslanders.
[52] Queensland Health submitted that the allowance has limited effect in its capacity to attract and retain health professionals, instead pointing to a number of existing and proposed incentive programs at an enterprise and local level which adequately provide for the attraction and retention needs of health professionals and dentists.
[53] We agree that this relatively small amount would have limited bearing upon the recruitment or retention of employees in rural and remote areas of Queensland. Queensland Health also observed that the RMO Award does not contain such an allowance and notes that HPEB2 provides much more realistic monetary incentives to employees in remote areas.
[54] Although a Full Bench decided to include such a clause in the Local Government Award, we have decided that it ought not be included in the Award as we consider it desirable, in this instance, that the Award be consistent with the RMO Award.
On call - additional payments - clause 18.5
Emergency Clinical On-Call Allowance - clause 18.6[55] Clauses 18.5 and 18.6 are interrelated and will be considered together.
[56] Clause 18.5 provides an allowance for employees who are required to be on call, in other words available to be recalled to work. The quantum of allowance differs depending upon whether the employee is required to be on call during public holidays, etc. The substance of the clause is not in contention, however Queensland Health has proposed an amended form of words. The proposal makes it clear that the on-call payment is a specified percentage of the prescribed hourly rate for one hour in respect of each instance of on-call. As this is not as clear in the clause contained in the proposed award, clause 18.5 will reflect the terms of Queensland Health's proposal which appears in attachment 11 of its submissions.
[57] The emergency clinical on-call allowance provided by clause 18.6 is in substitution for that of clause 18.5. Its provisions apply only to employees who are required to be on emergency clinical on-call for essential direct emergency clinical interventions where patient health will likely be compromised without the timely intervention of the health practitioner. A person who is on emergency clinical on-call must be able to return to duty within 30 minutes of being recalled to work. This is in contrast to an employee who is on-call and entitled to the clause 18.5 payment. Such an employee may take significantly longer to return to work.
[58] In support of the retention of clause 18.6 the unions rely on the affidavit of Ms Fox who stated that when she was on-call the on-call payment did not cover the cost of employing a babysitter on the occasions that Ms Fox needed to be at a location that enabled her to return to work within 30 minutes of being recalled to duty.
[59] At our request the parties gave us an indication of the differences in the quantum between the two sets of allowances. Queensland Health provided us with a table based on the rates as appearing in the proposed award. The table is set out below.
Whole Night Any other Day (24 (12 hrs) hrs)
HP 3.7 SWC
rates 1/09/2013
18.5 Standard $ 39.42 $37.45 $23.65 $18.72 One off
on call
payment for each instance
Approx 6.8 hours
18.6 emergency $ 2.76 $66.23 $33.11 $2.76/hour equates to
7% for all hours the same payment as above. If the employee is rostered on less than this he/she will
receive a lesser
amount than
standard on
callHP 3.47 SWC
rates
95% 60% 47.50%
1/09/2014
18.5 Standard on $ 40.60 $38.57 $24.36 $19.29 call
18.6 emergency $2.84 $ 68.21 $34.10 $2.84/hour 7% for all hours HP3.7 Fortnightly Hourly 1/09/2013 $2,995.70 $39.42 1/09/2014 $3,085.60 $40.60
[60] It is apparent that in some circumstances employees who are on emergency on-call can receive significantly more pursuant to the provisions of clause 18.6 than they would pursuant to those of clause 18.5. However, in other circumstances the differences between the two amounts are not so great.
[61] In our view it is appropriate that a modern safety net award contain a clause such as 18.6 to compensate employees for the undisputed potential additional cost, as well as the inconvenience and likely disruption to family life, for holding themselves available to return to work at short notice.
[62] Accordingly clause 18.6 will be retained in the Award. Its retention will require the inclusion of the words "other than those employees on emergency clinical on-call" into the version of clause 18.5 that we favour.
Recall to duty - from on-call - clause 18.8
[63] Queensland Health seeks the addition of the words "for the day" at the end of clause 18.8(c). In an email received on 14 October 2014 Queensland Health clarified its position to being that the words "for the day" should appear after the words "4 hours' work" where first appearing. We do not think that the words clarify the intent of that clause and we will not include them.3
[64] UV seeks the inclusion of examples into clause 18.8(d). We are not inclined to accede to this as we believe it may result in confusion. UV also seeks to have the following words added at the end of clause 18.8(d): "The employee will be responsible for the recording of the nature and the times of contact for subsequent verification by the chief executive." This seems to be an appropriate safeguard for both the employer and employee concerned. We will include those words at the end of clause 18.8(d).
Fatigue leave/rest period after overtime - clause 18.11
[65] This clause, which deals to some extent with fatigue management, provides for specified breaks between periods of duty. The clause is apparently drawn from the DHSEA.
[66] The proviso to clause 18.11 in the proposed award reads: "Clause 18.11 does not apply to employees who work less than two hours when recalled to duty (see clauses 18.8 and 18.9), inclusive of travelling time, on one or more recalls." The italicized words do not appear in the equivalent clause in the DHSEA and Queensland Health objects to their inclusion in the Award. It again notes that the RMO Award does not provide for the inclusion of travelling time in the equivalent clause in that award. It notes that the inclusion of the words will in effect provide a superior entitlement, in excess of existing award entitlements, to health professionals and dental officers and, further, that similar award provisions for other Queensland Health staff, including nurses, do not provide such entitlements. The unions rely on the Public Service Award which contains an equivalent provision.
[67] In our view it is generally preferable that there be consistency, where appropriate, across Queensland Health. As this is such an instance, the words "inclusive of travelling time" will not form part of the proviso to clause 18.11 in the Award. In our view fatigue management issues are generally best dealt with at an enterprise level having regard to the specific considerations arising at the enterprise.
Conclusion
[68] The full bench is satisfied that the Award complies with the requirements of the Act in relation to the making of modern awards and is consistent with the statutory objects of the award modernisation process and the requirements of the Request.
Orders
[69] For the reasons set out above, the full bench makes the following orders:
1.
That the Health Practitioners and Dental Officers (Queensland Health) Award - State 2014 be made.
2.
That the Health Practitioners and Dental Officers (Queensland Health) Award - State 2014 commence operation on 17 October 2014.
3.
That those provisions of the District Health Services Employees Award - State 2012, insofar as they operate in respect of employees covered by the Health Practitioners and Dental Officers (Queensland Health) Award - State 2014, be repealed subject to s 824 of the Industrials Relations Act 1999 on and from 17 October 2014.
CITATION: Health Practitioners and Dental Officers (Queensland Health) Award - State 2014 - Modern Award
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HEALTH PRACTITIONERS AND DENTAL OFFICERS
(QUEENSLAND HEALTH) AWARD - STATE 2014
Table of Contents
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PART 1 - Title and Operation .......................................................................................................... 3
1. Title ............................................................................................................................................. 3
2. Operation .................................................................................................................................... 3
3. Definitions and interpretation ..................................................................................................... 3
4. Coverage ..................................................................................................................................... 4
5. The Queensland Employment Standards and this Award .......................................................... 5
6. Individual flexibility arrangements and facilitative award provisions ....................................... 5
PART 2 - Consultation and Dispute Resolution .............................................................................. 6
7. Consultation ................................................................................................................................ 6
8. Dispute resolution ....................................................................................................................... 8
PART 3 - Types of Employment and Termination of Employment .............................................. 9
9. Types of employment ................................................................................................................. 9
10. Termination of employment .................................................................................................... 12
11. Redundancy ............................................................................................................................. 12
PART 4 - Minimum Salary Levels, Allowances and Related Matters ....................................... 13
12. Classifications and minimum salary levels .............................................................................. 13
13. Allowances .............................................................................................................................. 19
14. Superannuation ........................................................................................................................ 20
PART 5 - Hours of Work, Breaks, On Call, Overtime, Shift Work, Weekend Work .............. 20
15. Hours of work .......................................................................................................................... 20
16. Meal breaks .............................................................................................................................. 23
17. Rest pauses .............................................................................................................................. 23
18. Overtime .................................................................................................................................. 24
PART 6 - Leave of Absence and Public Holidays ........................................................................ 27
19. Annual leave ............................................................................................................................ 27
20. Personal leave .......................................................................................................................... 28
21. Parental leave ........................................................................................................................... 29
22. Long service leave ................................................................................................................... 29
23. Public holidays ......................................................................................................................... 29
CITATION: Health Practitioners and Dental Officers (Queensland Health) Award - State 2014 - Modern Award
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24. Jury service .............................................................................................................................. 31
PART 7 - Transfers, Travelling and Board and Lodging ........................................................... 31
25. Transfer and appointment expenses ......................................................................................... 31
26. Travelling and relieving expenses ........................................................................................... 31
27. Board and lodging ................................................................................................................... 31
PART 8 - Uniforms and Safety Equipment .................................................................................. 32
28. Uniforms .................................................................................................................................. 32
29. Outer duty garments ................................................................................................................ 32
Schedule 1 - Work areas/units included in Department of Health, as at 17 October 2014 ...... 33
Schedule 2 - Health Practitioner and Dental Officer Streams .................................................... 34
Schedule 3 - Generic Level Statements ......................................................................................... 36
S3.1 Health Practitioners ................................................................................................................. 36
S3.2 Dentists and Dental Specialists ................................................................................................ 44
Schedule 4 - Supported Wage System ........................................................................................... 47
Health Practitioners and Dental Officers (Queensland Health) Award - State 2014
PART 1 - Title and Operation
1. Title
This Award is known as the Health Practitioners and Dental Officers (Queensland Health) Award -
State 2014.2. Operation
This Award operates from 17 October 2014.
3. Definitions and interpretation
Unless the context otherwise requires, in this Award:
accrued day off means a day accrued as a result of the method of working ordinary hours where employees are rostered off on various days of the week during a particular work cycle. An employee may have one or more days off during that cycle
Act means the Industrial Relations Act 1999
afternoon shift means any shift commencing on or after 1200 and finishing after 1800
chief executive means the chief executive of the Department of Health
classification level comprises a minimum salary rate plus a number of paypoints in a particular stream
through which employees will be eligible to progresscommission means the Queensland Industrial Relations Commission continuous shift work means work done by employees where the hours of work are regularly rotated in
accordance with a shift roster covering a 24 hour per day operation over a 7 day weekcrib break means a break, without loss of pay, which is taken in a way that does not interfere with the
continuity of workday shift means any shift worked as part of a non-continuous shift work system or a continuous shift work
system which is not an afternoon shift or a night shiftday work means a single period of work (excluding a meal break) performed during the spread of
ordinary hours which is not part of a non-continuous shift work or a continuous shift work systemday worker means a person who works day work department means the Department of Health, and includes the work areas/units listed in Schedule 1 as
amended from time to timedouble rates means one time in addition to the prescribed rate payable depending upon when the work is
performedemployee means a person referred to at clause 4(a)
employer means:
(a) the chief executive of the department; or
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Health Practitioners and Dental Officers (Queensland Health) Award - State 2014
(b)
a prescribed hospital and health service, in their capacity as the employer of an employee covered by this Award
generic level statement (GLS) means a broad, concise statement of the duties, skills and responsibilities
indicative of a given classification level
health service has the same meaning as hospital and health service
hospital and health service means a hospital and health service established in accordance with the Hospital
and Health Boards Act 2011
increment means for all employees an increase in salary from one paypoint to the next highest paypoint
within a classification level
majority of shift means the day on which the major proportion of ordinary hours is worked where the
starting and finishing times of that shift occur on different days
night shift means a shift commencing on or after 1800 or before 0600 the following day, at least 50% of
which is worked before 0800non-continuous shift work means work regularly rotated in accordance with a roster which prescribes 2 or more shifts (day, afternoon or night) per day, but does not cover a 24 hour per day operation over a 7 day week (see continuous shift work)
paypoint means the specific rate of remuneration payable to employees within a classification level
prescribed hospital and health service means a hospital and health service prescribed by Regulation
pursuant to the Hospital and Health Boards Act 2011
public holiday has the same meaning as that provided in Schedule 5 of the Act
QES means the Queensland Employment Standards contained in Part 2 of Chapter 2A of the Act
rostered days off means those days in each work cycle where an employee is not rostered for ordinary
working hours excluding accrued days offshift work means work performed by an employee on day shift, afternoon shift or night shift, either solely or in any combination thereof, as part of a non-continuous shift work system or a continuous shift work system
shift worker means an employee who works shift work
TOIL means time off in lieu of payment for overtime4. Coverage
This Award applies to:
(a) Those health practitioners and dental officers who are health service employees described in Schedule 2 of this Award; and (b) (i) the chief executive of the department; and (ii) each prescribed hospital and health service established in accordance with the Hospital and Health Boards Act 2011,
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Health Practitioners and Dental Officers (Queensland Health) Award - State 2014
in their capacity as the employer of employees covered by this Award; and
(c) the following industrial organisations:
(i) Queensland Nurses' Union of Employees; (ii) The Australian Workers' Union of Employees, Queensland; (iii) Together Queensland, Industrial Union of Employees; and (iv) United Voice, Industrial Union of Employees, Queensland, to the exclusion of any other award.
5. The Queensland Employment Standards and this Award
The QES and this Award contain the minimum conditions of employment for employees covered by this Award.
6. Individual flexibility arrangements and facilitative award provisions
6.1 Individual flexibility arrangements (a)
(i) An employer and an employee covered by this Award may agree to make an individual flexibility arrangement to vary the effect of the terms of this Award in relation to one or more of the following matters:
(A) arrangements about when work is performed; (B) overtime rates; (C) penalty rates; (D) allowances;
(E) leave loading; and (ii) the arrangement meets the genuine needs of the employer and employee in relation to one or more of the matters mentioned in clause 6.1(a)(i); and
(iii) the arrangement is genuinely agreed to by the employer and employee.
(b) The employer must ensure the terms of the individual flexibility arrangement -
(i) are only about matters required or permitted to be in this Award; and (ii) are not non-allowable provisions; and (iii)
must not result, on balance, in an overall reduction in the entitlements or protections the employee has under this Award.
(c) The employer must ensure the individual flexibility arrangement -
(i) is in writing and signed by the employer and employee; and (ii) states -
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Health Practitioners and Dental Officers (Queensland Health) Award - State 2014
(A) the names of the employer and employee; and (B) the terms of this Award that will be varied by the arrangement; and (C) how the arrangement will vary the effect of the terms; and (D) how the arrangement will not result, on balance, in an overall reduction in the
entitlements or protections the employee has under this Award; and(E) the day on which the arrangement commences; and (iii) if the employee is under 18 years of age - is signed by a parent or guardian of the employee. The employer must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.
(d)
(e) An individual flexibility arrangement may be terminated -
(i) by either the employee or employer giving written notice of -
(A) a period agreed between the parties of up to 12 months; or (B) if no period has been agreed - 28 days; or (ii) by the employer and employee at any time if they agree in writing to the termination.
6.2 Procedures to implement facilitative award provisions Wherever facilitative provisions appear in this Award which allow for determination of the conditions of employment by agreement between the employer and the majority of employees affected, the following procedures shall apply:
(a)
facilitative award provisions can be negotiated between management and employees who are directly affected by such proposals;
(b)
employees may be represented by their local union delegate/s and shall have the right to be represented by their local union official/s;
(c)
in determining the outcome from facilitative provisions, neither party should unreasonably withhold agreement;
(d)
agreement is defined as obtaining consent of greater than 50% of employees directly affected; and
(e) any agreement reached must be documented, and shall incorporate a review period.
PART 2 - Consultation and Dispute Resolution
7. Consultation
(a) This clause applies if - (i) the employer has made a definite decision to introduce a major change to production, program, organisation, structure, or technology in relation to its enterprise; and
(ii) the change is likely to have a significant effect on some or all employees (relevant employees) of the enterprise.
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Health Practitioners and Dental Officers (Queensland Health) Award - State 2014
(b) The employer must notify the relevant employees of the decision to introduce the major change. (c) The employer is not required to -
(i) notify the relevant employees or a representative of the decision until the time the employer considers appropriate; or (ii) consult with the relevant employees or a representative about the decision until the employer notifies the relevant employees or the representative of the decision; or (iii) consult with the relevant employees or a representative about the decision other than in relation to implementation of the decision; or (iv) disclose confidential or commercially sensitive information to the relevant employees or a representative. (d) The relevant employees may appoint a representative for the purposes of the procedures in this clause if the representative is a union entitled to represent the employees' industrial interests. (e) If -
(i) the relevant employees appoint a representative under clause 7(d) for the purposes of consultation; and (ii) the relevant employees advise the employer of the identity of the representative; the employer must recognise the representative.
(f)
As soon as practicable after notifying the relevant employees of the decision under clause 7(b) the employer must -
(i) discuss with the relevant employees -
(A) the implementation of the change; and (B) the effect the implementation of the change is likely to have on the relevant
employees; and(C) measures the employer is taking to avert or mitigate the adverse effect of the
implementation of the change on the relevant employees; and(ii) for the purposes of the discussion - provide, in writing, to the relevant employees -
(A) information about the implementation of the change including the nature of the
change proposed; and(B) information about the expected effects of the implementation of the change on the
relevant employees; and(C) any other matters regarding the implementation of the change likely to affect the
relevant employees.
(g)
The employer must give prompt and genuine consideration to matters raised about the implementation of the major change by the relevant employees.
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Health Practitioners and Dental Officers (Queensland Health) Award - State 2014
(h) In this clause, a major change is likely to have a significant effect on employees if it is likely to result in -
(i) the termination of the employment of employees; or (ii) a major change to the composition, operation or size of the employer's workforce or the skills required of employees; or (iii) the elimination or diminution of job opportunities (including opportunities for promotion or tenure); or (iv) an alteration of hours of work; or (v) the need to retrain employees; or (vi) the need to relocate employees to another workplace; or (vii) the restructuring of jobs. 8. Dispute resolution
8.1 Procedure for resolution of disputes arising under this Award or the QES (a) This clause applies to a dispute regarding - (i) a matter arising under this Award; or
(ii) the QES.
(b) An employee who is a party to the dispute may appoint a representative for the purposes of the procedures in this clause if the representative is a union entitled to represent the employee's industrial interests. (c) In the first instance, the parties to the dispute must try to resolve the dispute at the workplace level, by discussions between the employee and the relevant supervisors or management, or both. (d) If discussions at the workplace level do not resolve the dispute, a party to the dispute may refer the matter to the commission. (e) The commission may deal with the dispute as follows -
(i) the commission may first attempt to resolve the dispute as it considers appropriate, including by mediation, conciliation, expressing an opinion or making a recommendation; (ii) if the commission does not resolve the dispute under clause 8.1(e)(i), the commission may then deal with the dispute in accordance with its jurisdiction under the Act. Note -
1. If the commission arbitrates the dispute, it may also use the powers that are available to it under the Act. 2. Chapter 9 of the Act provides for appeals against particular decisions made by the commission. (f) While the dispute resolution procedure is being conducted, work must continue in accordance with this Award and the Act.
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Health Practitioners and Dental Officers (Queensland Health) Award - State 2014
(g) Subject to applicable work health and safety legislation, an employee must not unreasonably fail to comply with a direction by the employer to perform work, whether at the same or another workplace, that is safe and appropriate for the employee to perform. (h) The parties to the dispute agree to be bound by a decision made by the commission in accordance with this clause. 8.2 Procedure for resolution of individual disputes (a) The matters to be dealt with under this procedure include all grievances or disputes between an employee and an employer in respect to any industrial matter other than a dispute regarding a matter arising under this Award or the QES, which are to be dealt with in accordance with clause 8.1. The procedure applies to a grievance or dispute involving a single employee or any number of employees. (b) The objective of this dispute resolution procedure shall be to avoid disputes by the resolution of issues through measures based on consultation, co-operation and discussion and to avoid interruption to the performance of work and consequential loss of production and salaries. (c) In the event of an employee/s having a grievance or dispute the employee/s shall in the first instance attempt to resolve the matter with the immediate supervisor, who shall respond to such request as soon as reasonably practicable under the circumstances. Where the grievance or dispute concerns alleged actions of the immediate supervisor or allegations of sexual harassment the employee/s may bypass this level in the procedure. (d) If the grievance or dispute is not resolved, the employee/s or their representative may refer the matter to the next higher level of management for discussion. Such discussion should take place as soon as possible after the request by the employee/s or their representative. (e) If, the dispute remains unresolved after the parties have genuinely attempted to achieve a settlement thereof, then notification of the existence of the dispute is to be given to the commission in accordance with the provisions of the Act. (f) Whilst all of the above procedure is being followed, normal work shall continue except in the case of a genuine safety issue. Further, the status quo existing before the emergence of the grievance or dispute is to continue whilst the disputes procedure is being followed. (g) All parties to the dispute shall give due consideration to matters raised or any suggestion or recommendation made by the commission with a view to the prompt settlement of the dispute. (h) Any Order or Decision of the commission (subject to the parties' right of appeal under the Act) will be final and binding on all parties to the dispute.
(i) Discussions at any stage of the procedure shall not be unreasonably delayed by any party, subject to acceptance that some matters may be of such complexity or importance that it may take a reasonable period of time for the appropriate response to be made. If genuine discussions are unreasonably delayed or hindered, it shall be open to any party to give notification of the dispute in accordance with the provisions of the Act.
PART 3 - Types of Employment and Termination of Employment
9. Types of employment
An employee may be employed on a full-time, part-time or casual basis.
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Health Practitioners and Dental Officers (Queensland Health) Award - State 2014
9.1 Full-time employment A full-time employee is one that is engaged to work an average of 76 hours per fortnight pursuant to clause 15.1 of this Award.
9.2 Part-time employment (a) A part-time employee is an employee who:
(i)
is engaged to work a regular number of ordinary hours per fortnight which are less than the ordinary hours worked by an equivalent full-time employee; and
(ii)
receives, on a pro rata basis, the same salary and conditions of employment to those of an equivalent full-time employee who performs the same kind of work.
(b)
For each ordinary hour worked, a part-time employee will be paid no less than 1/76th of the minimum fortnightly rate of pay for their classification.
(c)
By mutual agreement with their employer, a part-time employee may elect to work additional ordinary hours above their regular hours, up to and including full-time equivalent hours. The additional hours so worked are to be taken into account in the pro rata calculation of all entitlements.
(d) A part-time employee must be employed for no less than 8 ordinary hours per fortnight. (e) The minimum payment on any day when work is performed shall be for 4 hours' work. (f)
Part-time employees are eligible for payment of salary increments in accordance with the provisions of clause 12.9(a)(ii).
9.3 Casual employment (a)
(i) A casual employee is an employee who is engaged and paid as such; (ii)
a casual employee cannot be employed to work more ordinary hours than are worked by an equivalent full-time employee each fortnight.
(b)
A casual employee is entitled to receive, on a pro rata basis, the same pay and conditions of employment, other than leave entitlements, to those of an equivalent full-time employee who performs the same kind of work.
(c)
For each ordinary hour worked a casual employee will be paid no less than 1/76th of the minimum fortnightly rate of pay for their classification plus a casual loading of 23%.
(d)
Each casual engagement stands alone with a minimum payment as for 2 hours' work to be made in respect to each engagement.
(e)
The casual loading of 23% is paid instead of annual leave, paid personal/carer's leave, notice of termination, redundancy benefits and the other attributes of full-time or part-time employment. The loading constitutes part of the casual employee's salary for the purposes of calculating overtime, weekend penalties, public holiday and shift payments, where relevant.
(f)
The casual loading is payable in respect of all hours worked by a casual employee except for hours worked on a Sunday. For hours worked on a Sunday, a casual employee is to be remunerated at the rate of double time and will not be entitled to payment of the casual loading of 23%.
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Health Practitioners and Dental Officers (Queensland Health) Award - State 2014
(g) The method of calculating overtime and penalty rate payments are as follows:
(i) weekend penalty - Saturday
(ordinary rate + casual loading) x 1.5(ii) weekend penalty - Sunday
(ordinary rate) x 2
Note: Casual loading is not payable on Sundays(iii) public holidays
(ordinary rate + casual loading) x 2.5(iv) overtime
(A) shift workers
(ordinary rate + casual loading) x 2(B) other employees
(ordinary rate + casual loading) x 1.5 for the first 3 hours
(ordinary rate + casual loading) x 2 after 3 hours(v) Afternoon and night shifts payments.
(h) Casual employees are eligible for payment of salary increments in accordance with the provisions of clause 12.9(a)(iii). (i) The long service leave entitlement of casual employees is recorded in clause 22.
9.4 Probationary employment (a)
Except where the employer and an employee agree to a different period or no period of probation prior to commencement of employment, the engagement of a full-time or part-time employee will in the first instance be subject to a probationary period of 3 months' duration. If a period of probation of longer than 3 months’ is agreed, it must:
(i) be agreed in writing; and (ii) be a reasonable period having regard to the nature and circumstances of the employment. (b)
The employer may terminate the employment of an employee who is on probation at any time during the probationary period.
(c)
Where an employee's service is considered satisfactory or where an employee's service exceeds the designated probationary period or agreed extension the employee's appointment will be deemed to be confirmed.
9.5 Anti-discrimination (a)
In fulfilling their obligations under this Award, the parties must take reasonable steps to ensure that neither the award provisions nor their operation are directly or indirectly discriminatory in their effects. Discrimination includes:
(i)
discrimination on the basis of sex, relationship status, family responsibilities, pregnancy, parental status, breastfeeding, age, race, impairment, religious belief or religious activity, political belief or activity, trade union activity, lawful sexual activity, gender identity,
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Health Practitioners and Dental Officers (Queensland Health) Award - State 2014
sexuality and association with, or in relation to, a person identified on the basis of any of
the above attributes;(ii) sexual harassment; and
(iii) racial and religious vilification.
(b) Nothing in clause 9.5 is to be taken to affect:
(i) any different treatment (or treatment having different outcomes) which is specifically exempted under the Anti-Discrimination Act 1991; (ii) an employee, employer or registered organisation, pursuing matters of discrimination, including by application to the Australian Human Rights Commission/Anti-Discrimination Commission Queensland. 10. Termination of employment
10.1 Notice by the employer Notice of termination by the employer is provided for in Division 9 of the QES. Clauses 10.2 to 10.5 supplement the QES provisions.
10.2 Notice of termination by an employee Unless otherwise agreed between the employer and an employee the notice of termination required by an employee, other than a casual employee, will be 2 weeks or 2 weeks' salary forfeited in lieu. If an employee fails to give the required notice the employer will have the right to withhold monies due to the employee with a maximum amount equal to the ordinary time rate of salary for the period of notice.
10.3 Notice cannot be offset In the absence of mutual agreement between the employer and the employee, annual leave or any part thereof cannot be considered as or nominated as notice for the purpose of giving notice of termination of employment.
10.4 Job search entitlement
Where the employer has given notice of termination to an employee, for reasons other than redundancy, the employee must be allowed up to one day's time off without loss of pay for the purpose of seeking other employment. The time off is to be taken at times that are convenient to the employee after consultation with the employer.
10.5 Statement of employment
The employer will, in the event of termination of employment, provide upon request to the employee who has been terminated a written statement specifying the period of employment and the classification or type of work performed by the employee.
11. Redundancy
11.1 Redundancy pay Redundancy pay is provided for in Division 9 of the QES. Clauses 11.2 to 11.4 supplement the QES provisions.
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Health Practitioners and Dental Officers (Queensland Health) Award - State 2014
11.2 Transfer to lower paid duties (a) Where an employee is transferred to lower paid duties by reason of redundancy the employee shall be entitled to the same period of notice of transfer as the employee would have been entitled to if the employee's employment had been terminated under the redundancy pay provisions of the QES. (b) The employer may, at the employer's option, make payment in lieu thereof of an amount equal to the difference between the former amounts the employer would have been liable to pay and the new lower amount the employer is liable to pay the employee for the number of weeks of notice still owing. (c) The amounts must be worked out on the basis of:
(i) the ordinary working hours to be worked by the employee; and (ii) the amounts payable to the employee for the hours including, for example, allowances, loadings and penalties; and (iii) any other amounts payable under the employee's employment contract. 11.3 Employee leaving during notice period An employee given notice of termination in circumstances of redundancy may terminate their employment during the period of notice. The employee is entitled to receive the benefits and payments they would have received under this clause had they remained in employment until the expiry of the notice, but is not entitled to payment instead of notice.
11.4 Job search entitlement
(a)
An employee given notice of termination in circumstances of redundancy must be allowed up to one day's time off without loss of pay during each week of notice for the purpose of seeking other employment.
(b)
If the employee has been allowed paid leave for more than one day during the notice period for the purpose of seeking other employment the employee must, at the request of the employer, produce proof of attendance at an interview or the employee will not receive payment for the time absent. For this purpose a statutory declaration will be sufficient.
(c) Clause 11.4 applies instead of clause 10.4 in cases of redundancy.
PART 4 - Minimum Salary Levels, Allowances and Related Matters
12. Classifications and minimum salary levels
12.1 Classification structure Employees covered by this Award are to be classified into either the health practitioner stream or the dental officer stream:
(a)
The health practitioner stream comprises those employees who are identified in clauses S2.1 and S2.2 of this Award.
(b)
The dental officer stream comprises those employees who are identified in clause S2.3 of this Award.
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Health Practitioners and Dental Officers (Queensland Health) Award - State 2014
12.2 Allocation to stream and classification levels (a)
Allocation of positions to the health practitioner stream and dental officer stream shall be in accordance with the occupational groupings contained in Schedule 2.
(b)
Subject to the provisions of clause 12.6, allocation of employees to classification levels within those streams shall be in accordance with the generic level statements contained in Schedule 3. These statements reflect the degree of complexity and responsibility of duties, skills and knowledge proceeding from the lowest to the highest classification levels. Their purpose is to provide an indication as to the health practitioner classification level appropriate to any packaging of duties.
(c)
Where a new position is created and its allocation cannot be determined the matter may be discussed with the relevant employee(s) and, where requested, their representative, and/or referred to the commission for resolution.
•
Notwithstanding anything contained elsewhere in this Award, an applicant who is appointed to a position may, at the discretion of the relevant employer, be offered and appointed to any paypoint within a level based on recognition of skills, knowledge and abilities.
12.3 Minimum salary levels
(a)
The minimum salaries payable to health practitioners and dental officers covered by this Award, including employees under 21 years of age, are prescribed in the tables below:
Health practitioner stream
Award Rate¹ Annual Salary³
Classification level Paypoint Per Fortnight² $ $
1 1,676 43,715
HP1 2 1,726 45,017 3 1,775 46,316 44 1,825 47,618 At age 21
5 1,873 48,854 6 1,920 50,093 7 1,968 51,341 1 2,022 52,752
HP2 2 2,142 55,888 3 2,238 58,374 4 2,334 60,894 5 2,466 64,346 6 2,619 68,314 7 2,680 69,916 8* 2,757 71,927 0 2,142 55,888 HP3 1 2,334 60,894 2 2,466 64,346 3 2,619 68,314 4 2,715 70,826 5 2,830 73,842 6 2,946 76,853 7 3,086 80,500 8* 3,178 82,903 Page 14 of 48
Health Practitioners and Dental Officers (Queensland Health) Award - State 2014
1 3,390 88,434 HP4
2 3,458 90,205 3 3,544 92,467 4 3,637 94,888
HP5 1 3,817 99,579 2 3,977 103,751 1 4,237 110,544 HP6 2 4,381 114,306 HP7 1 4,808 125,433 2 5,143 134,173 1* 5,325 138,911 HP8 2* 5,543 144,601 3* 5,788 151,014 4* 6,227 162,459 5* 6,482 169,119
Dental officer stream
Award Rate¹
Classification Annual Salary³
Position Paypoint Per Fortnight²
level $ $
1 3,328 86,811 2 3,421 89,245 3 3,514 91,682
Dentist L1 4 3,677 95,937 5 3,794 98,976 6 3,980 103,839 1 4,097 106,879
Senior Dentist, including: 2 4,213 109,923
• Senior Dentist (Clinical) L2 3 4,353 113,571 • Senior Dentist (Managerial) 4 4,516 117,823 1 4,680 122,083
Principal Dentist L3 2 4,819 125,733 1 5,029 131,202 Director L4 2 5,239 136,675 1 5,029 131,202 2 5,239 136,675 Dental Specialist DS1 3 5,449 142,151 4 5,658 147,622 5 5,868 153,093 1 6,078 158,566
Senior Dental Specialist DS2 2 6,288 164,040 3 6,451 168,298 Page 15 of 48 Health Practitioners and Dental Officers (Queensland Health) Award - State 2014
Notes:
¹ Includes the arbitrated wage adjustment payable under the 1 September 2014 Declaration of General Ruling. ² Rounded to the nearest dollar. ³ Annual salaries are for reference purposes only. 4
Identifies the minimum salary payable to an employee aged 21 years and over classified in that particular stream.
* See clause 12.6 and 12.10.
| (b) | Salaries shall be paid fortnightly and may at the discretion of the chief executive be paid by electronic funds transfer. |
| 12.4 | Work allocation |
An employee appointed to or relieving in a role within a classification level may be allocated and subsequently reallocated to any role within that particular classification level.
| 12.5 | Incidental and peripheral tasks |
An employer may direct an employee to carry out duties that are within the particular employee's skill, competence and training provided:
| (a) | the direction does not affect the employee's entitlement to higher or other duties allowances provided in this Award; and | ||||
| (b) | all such directions are consistent with the employer's responsibilities to provide a safe and healthy working environment. | ||||
| 12.6 | Appointment to classification levels – health practitioners | ||||
| (a) | Appointment to a classification level will be based on appointment on merit to advertised vacancies. | ||||
| (b) | Employees appointed to the HP1 classification level must be paid at the HP1.4 classification level on reaching 21 years of age. | ||||
| (c) |
| ||||
| 12.7 | Movement between classification levels - general | ||||
| (a) | Except as provided below, movement between classification levels will be based on appointment on merit to advertised vacancies. | ||||
| (b) | Subject to clause 12.8, an existing employee appointed to a position at a higher classification level within the same stream shall be appointed to paypoint 1 of the higher classification level. | ||||
| 12.8 | Movement between classification levels - health practitioner stream |
Employees who move between classification levels HP2 and HP3 will be appointed to a paypoint in the HP3 classification level that is the next highest to that which the employee was paid under the HP2 classification level.
| 12.9 | Movement within classification levels - increments |
Movement within classification levels is based on meeting the following requirements:
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Health Practitioners and Dental Officers (Queensland Health) Award - State 2014
| (a) | Except in the case of an employee who is paid the prescribed basic salary on attaining the age of 21 years or in the case of a promotion, or transfer and promotion from one classification level to another, an increase is not to be made to the salary of any employee until: | |||
|
(A) the employee has received a salary at a particular classification and paypoint for a
period of at least 12 months; and(B) the employee has worked 1,200 ordinary hours in such classification; (iii) in the case of a casual employee with 12 months continuous service with the same employer:
(A) the employee has received a salary at a particular classification and paypoint for a
period of at least 12 months; and(B) the employee has worked 1,200 ordinary hours in such classification. For the purpose of clause 12.9(a)(iii), continuous service for a casual employee is considered to be broken if more than 3 months, excluding any public holidays, has elapsed between the end of one employment contract and the start of the next employment contract.
| (b) | Notwithstanding anything contained elsewhere in this Award, an employee is not entitled to move to the next salary increment level by virtue of the award unless: | |||
|
12.10 Health practitioner stream - limitations on progression
Management (Clinical)
Roles at this level require employees to hold at least a relevant tertiary degree (or equivalent) qualification in an eligible Health Practitioner clinical profession.
Clinical management employees at HP5 require well developed managerial knowledge and skills and strategic leadership ability, coupled with an advanced level of clinical expertise and comprehensive understanding of the health care continuum.
Employees operationally manage and supply strategic direction to a medium size professional or multidisciplinary team/work unit operating across one or more sites or clinical service areas, ensuring adherence to clinical service standards and achievement of quality and service delivery objectives.
Employees undertake strategic planning for a service, and provide advocacy for the service in advising senior management and relevant stakeholders. The strategic focus will be service based.
Employees are responsible for managing clinical governance processes within a service and/or leading professional governance activities for a particular discipline across a service/s.
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Clinical management employees at this level are responsible for the management of human, financial and physical resources, including management of one or more cost centre budgets.
Technical
Roles at this level require employees to hold at least a relevant diploma (or equivalent) qualification in an eligible Health Practitioner technical discipline.
Technical employees at Health Practitioner 5 demonstrate an expert level of technical knowledge and skills, performing in an expert capacity with command of highly specialised techniques within their given technical domain.
Employees provide authorative technical advice and leadership within a service, and provide a reference point for stakeholders within and outside the discipline/service, at a state-wide or national level.
Employees would be expected to contribute to the development of technical competence in the discipline/service at a state or national level and to advocate for and influence the discipline / service's strategic direction of technical practice.
Management (Technical)
Roles at this level require employees to hold at least a relevant diploma (or equivalent) qualification in an eligible Health Practitioner technical discipline.
Technical employees at Health Practitioner 5 demonstrate highly developed managerial and strategic leadership knowledge and skills, and expert level of technical expertise.
Employees operationally manage large and diverse multi-disciplinary technical team/s, operating across multiple jurisdictions. The strategic focus will be service based across multiple disciplines/settings.
Employees direct the provision of services in the given technical function, ensuring integration of service delivery with professional healthcare stakeholder groups across multiple jurisdictions.
Health Practitioner Six (HP 6)
Clinical
Roles at this level require employees to hold at least a relevant tertiary degree (or equivalent) qualification in an eligible Health Practitioner clinical profession.
Clinical employees at Health Practitioner 6 demonstrate expert levels of clinical expertise that are recognised at a state-wide level, operating in a capacity as an expert clinical consultant on a state-wide or national basis, utilising expert command of highly specialised techniques.
HP6 clinical employees contribute to the development of professional competence in the given area at a state wide level, and may be expected to advocate or influence relevant stakeholders in relation to the development of strategic direction for clinical practice. HP6 clinical employees lead the development of relevant professional standards, they are recognised as an authorative reference point for clinical expertise, at a state or national level.
Employees may lead professional governance activities, providing clinical practice supervision and education for staff and students, as well as providing expert level training and guidance to advanced level clinicians seeking to build capability.
A primary educator employee at this level will be responsible for the strategic development, delivery and evaluation of a range of professional education and training programs in collaboration with tertiary education providers. Employees manage clinical educations programs that have state-wide scope for a
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professional discipline/s, and directly contribute to the development of professional competence
associated with a discipline/s or state-wide speciality clinical health service.A primary researcher employee at this level will lead and manage a clinical research program/s of significant scope and importance to health services, with research outcomes having wide-spread application to clinical practice for diverse population groups. Primary research roles at this level require obtainment of (1) post-graduate research qualification/s; and (2) a recent history of additional clinical research, evidenced by publication in peer reviewed journals; and (3) a successful record of obtaining competitive research grants and funds.
Management (Clinical)
Roles at this level require employees to hold at least a relevant tertiary degree (or equivalent) qualification in an eligible Health Practitioner clinical profession.
Clinical management roles at HP6 require highly developed managerial knowledge and skills and strategic focus, coupled with an expert level of clinical expertise and significant understanding of the health care continuum.
Employees will be responsible for all aspects of operational and strategic management of a large discipline-specific team/service or a large multi-disciplinary team/service, or a state-wide speciality health service of critical importance to Queensland. Subordinate teams / services managed by employees at this level typically operate within a large facility across multiple clinical service areas, or across multiple sites/facilities and clinical settings.
Employees lead strategic planning for a service/s and strategically direct the management of service delivery, ensuring alignment with health service strategic objectives.
Management employees at this level are accountable for the management of clinical governance systems within a service/s, and typically lead professional governance activities within a service, for a health practitioner discipline. The professional management focus of these roles is service-wide and involves alignment across multiple clinical specialties/settings.
Employees provide authoritative counsel to executive and other managerial or relevant stakeholders on matters falling within their jurisdiction of managerial responsibility and/or recognised expertise. Employees may additionally be required to provide managerial leadership in the development of professional or clinical practice standards on a state-wide basis.
Management employees at this level have responsibilities for the management of significant human, financial and physical resources, including management of one or more major cost centre budgets.
Health Practitioner Seven (HP 7)
Clinical
Roles at this level require employees to hold at least a relevant tertiary degree (or equivalent) qualification in an eligible Health Practitioner clinical profession.
Clinical roles at HP7 require expert levels of professional/clinical expertise and provide high level clinical leadership within a discipline/service that operates at a major tertiary referral hospital, or for multiple disciplines/services that would be recognised either nationally or internationally.
The employee is the reference point within and outside the discipline/service and performs duties in a strategic consultant capacity. Employees use expert level command of specialised techniques to provide formal, consultant-level clinical services. Employees are required to provide authoritative clinical advice on a national/international level.
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Clinical employees at this level are integral to the development of state-wide professional competence for a health practitioner discipline/s on a state-wide basis (or nationally) and leads the review, development and implementation of clinical practice standards, policy and procedures for services of significant clinical complexity, scope and importance to Queensland.
Primary educator employees strategically direct, develop and manage a major, complex clinical education program/s for health services, typically on a state-wide basis. Employees are required to advocate for professional development learning outcomes across multiple discipline/s and significantly influence the development of professional competence on a state-wide basis by establishing critical links with a range of tertiary education providers.
Primary researcher employees strategically lead and manage significant multi-disciplinary clinical research programs of critical clinical importance to Queensland, with research outcomes having wide- spread application for diverse population groups. Research outcomes are implemented as standard clinical practice.
Primary research employees demonstrate extensive clinical research knowledge, skills and expertise in the specific area of research or across a variety of areas with international reputation in their research agenda. Employees are required to lead and manage effective partnerships with universities, professional bodies, non-government sector organisations and external research organisations.
Primary research roles require obtainment of one or more of the following mandatory qualifications:
(1) relevant masters/post doctoral level research qualification/s; and (2) an additional significant history of publication in peer reviewed journals; and (3) an extensive history of success in obtaining competitive research grants and funds. Management (Clinical)
Roles at this level require employees to hold at least a relevant tertiary degree (or equivalent) qualification in an eligible Health Practitioner clinical profession.
Clinical management employees at HP7 require expert managerial knowledge and skills and high level strategic leadership capabilities, coupled with an expert level of clinical expertise and significant understanding of the health care continuum and wider health service inter-dependencies.
HP7 management employees are members of, or have significant engagement with, the Executive to inform critical decision-making.
Management employees at HP7 demonstrate an ability for the leadership of major complex services. The employee manages a large team that provides a major, complex service either at a tertiary referral hospital or across multiple hospitals / facilities.
Work undertaken utilises strategic-level, professional management skills across large, diverse and/or complex professional teams or disciplines, which may have State-wide operation, of significant importance and the ability to supply strategic direction to a large professional team operating at a tertiary referral hospital; or over multiple sites and services.
Demonstrates high level strategic leadership expertise, and applied expert level clinical expertise, to lead, direct and manage a large and diverse, or large and complex, service that operates at a major tertiary referral hospital or across multiple hospitals/facilities or across a state-wide area.
The employee is required to advocate strategically on matters of high importance in a given area at a state-wide level. The employee is expected to challenge existing service protocols and leads the development of new state-level policy.
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Health Practitioners and Dental Officers (Queensland Health) Award - State 2014
Health Practitioner Eight (HP 8)
Management
Roles at this level require employees to hold at least a relevant tertiary degree (or equivalent) qualification in an eligible Health Practitioner clinical profession.
Management employees at HP8 require expert strategic leadership and managerial knowledge and skills and expert understanding of broad and complex health service systems and inter-dependencies.
Roles at HP8 are members of an executive management team, and have significant managerial influence to inform corporate decision-making.
Management positions at Health Practitioner 8 carry full accountabilities for the direction and management of large/very large and complex services, usually involving leadership across a diverse range of professions/disciplines and services/settings.
Employees strategically and operationally manage a large/very large health practitioner workforce that provides a major complex health service/s, and is recognised as a having a major leading influence on the development of profession-specific or multi-disciplinary allied health clinical practice and service models on a state-wide basis.
Employees operate as key drivers within the organisation, leading and facilitating frameworks for the strategic development of high-quality, state-wide standards of performance, safety, patient care and inter-service coordination, within relevant governmental and national directions.
Employees direct the state wide development of professional competence within a discipline area and for relevant multidisciplinary services, providing strategic leadership and authoritative advice on the development of relevant state-wide professional standards to a wide variety of stakeholders.
Employees demonstrate professional leadership through harnessing knowledge to contribute to the development of the professional discipline or multidisciplinary health service, including incorporating evidence-based initiatives into clinical practice.
Employees at HP8 actively contribute to overall corporate strategy and identify health service initiatives. In doing so, roles challenge existing protocols and initiate and lead policy changes to achieve health outcomes. Employees are fully accountable for advice provided, as well as its flow-on implications.
S3.2 Dentists and Dental Specialists
Dentist (Level 1)
Positions classified at this level cover both recently qualified and developing practitioners.
Positions classified at this level have a clinical focus and undertake clinical duties in dentistry commensurate with the level of clinical experience, mostly of a routine nature. Clinical duties at this level require a competent level of professional knowledge and skill, and ability to undertake routine clinical practice independently.
Employees classified at this level participate in, and may have responsibility for, an oral health team.
Dentists appointed as such will commence on a paypoint according to years of experience and satisfactory work performance, and will be eligible to advance by increment to paypoint 1.6, and no further.
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Senior Dentist (Level 2)
A Senior Dentist (Clinical) maintains advanced clinical knowledge, skills, and experience, and provides clinical leadership for one or more oral health teams.
Clinical duties at this level require incumbents to possess advanced skills recognised by their peers as being demonstrably higher than those required by a Dentist; have a demonstrated involvement in mentoring and developing other members of the oral health team over an extended period of time; and have a demonstrated commitment to continuing professional education.
A Senior Dentist (Managerial) will be responsible for the operational management and clinical leadership of one or more oral health teams. Employees classified at this level require competent managerial knowledge and skills.
A Senior Dentist (Managerial) will typically maintain clinical duties, as for a Dentist or Senior Dentist
(Clinical) position.
Appointments to Senior Dentist positions are merit based.
Senior Dentists appointed as such will routinely commence on paypoint DO2.1 and will be eligible to advance by annual increments to paypoint 2.4, and no further.
Principal Dentist (Level 3)
Employees classified at this level will be responsible for the operational management and clinical leadership of a number of oral health teams within or across a service.
Managerial responsibilities may include planning and resource management, and alignment with and contribution to the strategic direction of the service. Employees classified at this level require competent managerial knowledge and skills and performance of duties with a high degree of independence.
Employees classified at this level will typically maintain clinical duties, as for a Dentist or Senior Dentist position.
Principal Dentists appointed as such will commence on paypoint DO3.1 and will be eligible to advance by annual increments to paypoint 3.2, and no further.
Director (Level 4)
Employees classified at this level will be responsible for the operational management and clinical leadership for a service within or across a Hospital and Health Service, or at a statewide level.
Managerial responsibilities may include high level planning and resource management, and setting strategic direction for a service. Employees classified at this level require high level managerial knowledge and skills, and are recognised as the clinical leader for an oral health service.
Employees classified at this level may maintain clinical duties depending on the role and local service requirements.
Directors appointed as such will commence on paypoint 4.1, and advance by annual increments to paypoint 4.2, and no further.
Dental Specialist (Level DS1)
Positions classified at this level require incumbents to be registered as a dental specialist with the Dental
Board of Australia and provide specialist oral health care related to their specialty.
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Positions classified at this level cover recently qualified, developing and experienced dental specialists.
Dental Specialists appointed as such will commence on paypoint DS1.1, and advance by annual increments to paypoint DS1.5, and no further.
Senior Dental Specialist (Level DS2)
Positions classified at this level require incumbents to be registered as a dental specialist with the Dental
Board of Australia and provide advanced specialist oral health care within their specialist field.Clinical duties at this level require incumbents to possess advanced clinical skills, knowledge and experience within their specialist field, recognised by peers; have a demonstrated involvement in teaching and continuing professional education over an extended period of time; have a demonstrated commitment to evidence based practice within their specialist field; and, have a demonstrated high level of contribution to the profession and/or public oral health services.
Appointments to Senior Dentist Specialist positions are merit based.
Senior Dental Specialists appointed as such will commence on paypoint DS2.1, and advance by annual increments to paypoint to DS2.3 and, no further.
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Health Practitioners and Dental Officers (Queensland Health) Award - State 2014
Schedule 4 - Supported Wage System
S4.1 This Schedule defines the conditions which will apply to employees who because of the effects of a disability are eligible for a supported wage under the supported wage system.
S4.2 In this Schedule:
approved assessor means a person accredited by the management unit established by the Commonwealth under the supported wage system to perform assessments of an individual's productive capacity within the supported wage system
assessment instrument means the tool provided for under the supported wage system that records the
assessment of the productive capacity of the person to be employed under the supported wage systemdisability support pension means the Commonwealth pension scheme to provide income security for persons with a disability as provided under the Social Security Act 1991 (Cth), or any successor to that scheme
relevant minimum wage means the minimum wage prescribed in this Award for the class of work for
which an employee is engagedsupported wage system (sws) means the Commonwealth Government system to promote employment for people who cannot work at full award wages because of a disability, as documented in the Supported Wage System Handbook. The Handbook is available from the following website:
sws wage assessment agreement means the document in the form required by the Department of Education, Employment and Workplace Relations that records the employee's productive capacity and agreed wage rate
S4.3 Eligibility criteria
(a)
Employees covered by this Schedule will be those who are unable to perform the range of duties to the competence level required within the class of work for which the employee is engaged under this Award, because of the effects of a disability on their productive capacity, and who meet the impairment criteria for receipt of a disability support pension.
(b)
This Schedule does not apply to any existing employee who has a claim against the employer which is subject to the provisions of the Workers' Compensation and Rehabilitation Act 2003.
S4.4 Supported wage rates
(a)
Employees to whom this Schedule applies will be paid the applicable percentage of the relevant minimum wage according to the following Schedule:
Assessed capacity (see clause S4.5) Relevant minimum wage
% % 10 10 20 20 30 30 40 40 50 50 60 60 70 70 80 80 90 90
(b) provided that the minimum amount payable must be not less than $80 per week.
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(c)
Where an employee's assessed capacity is 10%, the employee must receive a high degree of assistance and support.
S4.5 Assessment of capacity
(a)
For the purpose of establishing the percentage of the relevant minimum wage, the productive capacity of the employee will be assessed in accordance with the sws by an approved assessor, having consulted the employer and employee and, if the employee so desires, a union which the employee is eligible to join.
(b)
All assessments made under this Schedule must be documented in a sws wage assessment agreement, and retained by the employer as a time and wages record in accordance with the Act.
S4.6 Review of assessment
The assessment of the applicable percentage should be subject to annual or more frequent review on the basis of a reasonable request for such a review. The process of review must be in accordance with the procedures for assessing capacity under the sws.
S4.7 Other terms and conditions of employment
Where an assessment has been made, the applicable percentage will apply to the relevant minimum wage only. Employees covered by the provisions of this Schedule will be entitled to the same terms and conditions of employment as other workers covered by this Award on a pro rata basis.
S4.8 Workplace adjustment
If the employer wishes to employ a person under the provisions of this Schedule it must take reasonable steps to make changes in the workplace to enhance the employee's capacity to do the job. Changes may involve re-design of job duties, working time arrangements and work organisation.
S4.9 Trial period
(a)
In order for an adequate assessment of the employee's capacity to be made, the employer may employ a person under the provisions of this Schedule for a trial period not exceeding 12 weeks, except that in some cases additional work adjustment time (not exceeding four weeks) may be needed.
(b)
During that trial period the assessment of capacity will be undertaken and the percentage of the relevant minimum wage for a continuing employment relationship will be determined.
(c)
The minimum amount payable to the employee during the trial period must be no less than the amount prescribed in clause S4.4(b).
(d) Work trials should include induction or training as appropriate to the job being trialled. (e)
Where the employer and employee wish to establish a continuing employment relationship following the completion of the trial period, a further contract of employment will be entered into based on the outcome of assessment under clause S4.5.
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QIRC 088.
[2014] QIRC 088.2 Re: Referral pursuant to s 140C(1) of the Industrial Relations Act 1999 for a modern award - Health 3 We provided these reasons in unpublished form to the parties when we made the award on 15
Health in its submissions again contended for the introduction of the words “for the day” into clause October 2014. We gave them 14 days to point out any typographical and like errors. Queensland 18.8. We heard the parties on 6 November 2014 and acceded to Queensland Health’s request in order that the Award reflect our intention.
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