WITHOUT PREJUDICE LOG OF CLAIMS OF THE VICTORIAN ALLIED HEALTH PROFESSIONALS ASSOCIATION

Transcription

1 Without Prejudice VAHPA Log of Claims for the Public Sector Health Professionals Agreement Application and Operation 1. No diminution of existing conditions or entitlements. 2. Nominal expiry date of 31 December The flexibility term to provide for an Employee to appoint a representative for the purposes of negotiating an individual flexibility arrangement. Wages 4. At the commencement of the Agreement, and prior to other salary increases: a. The rates of pay of UG1 classifications and other non- UG1 classifications with a classification structure similar to that of Dietitians to be increased to the corresponding Dietitian rates as at 31 December 2015 in the Victorian Public Health Sector (Medical Scientists, Pharmacists and Psychologists) Enterprise Agreement ; and b. The rates of pay of UG1 classifications and other non- UG1 classifications that do not have a similar classification structure to Dietitians to have a similar increase applied to their rates of pay at the commencement of the Agreement. 5. Salary increases of 4% per annum, with the first pay increase to occur on 1 January For the avoidance of doubt, payment of wages clause to explicitly state that a pay period cannot be longer than a fortnight. 7. Salary increases to be paid from the actual date of the increase, not the first full pay period on or after the date of the increase. 8. Superannuation clause to be restructured and improved, including but not limited to, superannuation to be paid on: a. All hours worked by an Employee; b. While an Employee is on jury duty; and c. All leave paid out to an Employee when their employment ends. 9. Accident make- up pay to be paid for 52 weeks. 10. Employees to only be responsible for actual reasonable costs associated with the salary packaging arrangements when it is provided in- house by the Employer. Allowances Victorian Allied Health Professionals Association ABN info@vahpa.asn.au Web vahpa.asn.au Post PO Box 13286, Law Courts, VIC 8010 Street 351 William St, West Melbourne, VIC 3003 Phone Fax

2 11. Allowances that are not fixed percentage of a pay rate to be increased by 4% per annum, with the first increase from 1 January A Professional Development Allowance of a minimum of $1,000 per annum for professional development and other expenses associated with the Employee s profession. 13. Payment of a Sole Allowance to all Employees who are the sole practitioner at their work site, including payment of a pro- rata amount where Employees are the sole practitioner for only part of their working hours. 14. Higher duties allowance to be paid after working one day in a higher classified position, including where an Employee works in a higher paid position that is not covered by the Agreement. 15. Higher qualification allowance of 7.5% of the UG1 grade 1, year 3 rate where an Employee holds an additional under- graduate qualification that is of direct relevance to their current position or functional work area. 16. Payment of an additional meal allowance where an Employee performs more than 4 hours overtime/recall. 17. Telephone allowance to be expanded to include mobile phones where an Employee who is required to be on- call is not provided with a mobile phone by the Employer. 18. Travelling allowance to be $0.78 per kilometre and to also apply where an Employee is required to use their vehicle during working hours and/or to travel to a location that is not their normal place of work, with the Employer to also pay for any tolls incurred when an Employee is engaged in travel that attracts the travelling allowance. 19. Change of shift allowance to be expanded to include situations where an Employee s shift is changed with less than 48 hours notice 20. An allowance of 4% of the UG1 Grade 1 Year 1 rate to be paid to Employees where the site they work at changes with less than 48 hours notice. 21. Cannulation allowance of 5% of the UG1 Grade 1 Year 1 rate for Employees required to cannulate patients as part of their work. 22. An Employee who is required by the Employer to be absent overnight from their usual place of residence for work purposes, including where the Employee cannot reasonably travel back to their usual place of residence, to be entitled to an allowance of $50 per night. Consultation, Dispute Resolution and Discipline 23. Consultation Regarding Change clause to be restructured and improved, including but not limited too: a. Consultation to take place before a definite decision has been made; b. Detailed definition of what consultation involves;

3 c. Amended definition of workplace change to include all situations where an Employee may be made redundant and/or an Employee s salary/wages may be affected; d. Requirement for Employer to respond in writing to matters raised by Employees and the Union; and e. VAHPA to be involved in the process at all stages. 24. Dispute Resolution Procedure clause to be restructured and improved, including but not limited to: a. Clause to apply to all employment related matters; b. Arbitration where a party to the dispute requests it; c. Clear wording that the VAHPA can initiate a dispute in its own right; d. Dispute settlement facilitation provisions; and e. Clause to clearly state that while a dispute is unresolved, work will continue as it normally did prior to the matter that gave rise to the dispute occurring. 25. Misconduct and Unsatisfactory Work Performance provisions to be restructured and improved, including but not limited to: a. Matters to be dealt with in an informal manner in the first instance; b. Requirements of natural justice and procedural fairness must be met; c. Employees to have a right to access information on the complaint; d. Employees to have the right to be represented by the VAHPA at all stages; e. Inclusion of specific provisions relating to unsatisfactory work performance; and f. Requirements that must be met before disciplinary action can be taken. Types of Employment and Termination of Employment 26. Full- time Employee provisions to provide that: a. At the time of engagement a full- time Employee and the Employer will agree upon a regular pattern of work, specifying how their weekly hours will be worked, including but not limited to whether the Employee will perform shift work (including weekend work), which can only be varied by agreement; and b. At the time of engagement a full- time Employee and the Employer will reach agreement upon which site or sites the Employee will perform work at, which can only be varied by agreement. 27. Part- time Employee provisions to provide that: a. Part- time Employees have a minimum engagement of 3 hours per period of duty;

4 b. For the avoidance of doubt the clause to have clear wording that where a part- time Employee is required to work hours above their contracted hours, overtime rates to apply, though a part- time Employee may choose to work additional hours at the relevant ordinary time rate; c. For the avoidance of doubt the clause to have clear wording that leave accrues on all hours that are paid as ordinary hours within the limits prescribed by the Agreement; d. At the time of engagement a part- time Employee and the Employer will reach agreement upon which site or sites the Employee will perform work at, which can only be varied by agreement. 28. Casual Employee provisions to provide that: a. Casual Employees are able to convert to permanent employment after 12 months where they so choose; b. Casual Employees are entitled to Long Service Leave; and c. Casual Employees are to be paid at 250% of the normal rate for work on public holidays. 29. An Employee to have a job search entitlement where the Employer has given them notice of termination. 30. Redundancy clause to be included, with provisions that include, but are not limited to: a. Redeployment, including a redeployment period; b. Retraining; c. Salary maintenance; d. Job search entitlement; e. Severance payments no less than those currently found in the Public Sector Workplace Relations policies or the National Employment Standards, whichever is more beneficial to the Employee; and f. Redundancy payments to be based on an Employee s average weekly hours of work over the period of service or their hours of work at the time of redundancy, whichever is the more favourable to the Employee. Hours of Work 31. For the avoidance of doubt, the Meal Interval clause to have clear wording that: a. Shift workers are entitled to a paid 30 minute meal break per shift; b. Shift duty/work includes; i. Rostered hours of ordinary duty finishing between 6pm and 8am or commencing between 6pm and 6:30am; and

5 ii. Ordinary duty performed on a Saturday and/or Sunday; c. An Employee who works a roster that includes shift duty/work is entitled to have all their meal breaks be paid. 32. Clearer definition of when an Employee is authorised to perform overtime, including but not limited to where an Employee is required to do work that cannot be performed during their ordinary rostered hours, and where an Employee is required to travel for work purposes outside their ordinary hours of work. 33. For the avoidance of doubt, the overtime clause to have clear wording that Employees will receive a minimum 3 hour payment when they are required to perform overtime on a day they are not otherwise rostered to work. 34. Where an Employee finishes a period of overtime at a time when reasonable and safe means of transport are not available, the Employer to provide adequate transport to the Employee s home free of cost to the Employee. 35. TOIL/TIL to be calculated at overtime rates, with an Employee to be able to receive a combination of TOIL/TIL and overtime payments when they work overtime. 36. For the avoidance of doubt, the Agreement to have clear wording that there is a minimum ten hour break between rostered shifts. 37. Staff meetings and in- house training not to be scheduled during meal breaks. 38. Restrictions on the number of different shift starting and finishing times in a week. Leave 39. Annual Leave clause to be updated, restructured and improved, including but not limited to: a. A minimum of 190 hours annual leave per annum for full- time Employees (pro- rata for part- time Employees); b. Full- time and part- time Employees to be able to accrue a further 38 hours annual leave per year progressively during the year by performing work on weekends; c. No direction to take Annual Leave; d. Annual Leave Loading to be paid on all Annual Leave; e. No cap on the salary on which Annual Leave Loading is calculated on; and f. An Employee to be paid their shift allowances/weekend loadings instead of Annual Leave loading where the amount an Employee would receive in shift allowances/weekend loadings is greater than the amount they would receive in Annual Leave Loading. 40. Personal Leave clause to be updated, restructured and improved, including but not limited to:

6 a. Employees to be entitled to: i. 121 hours and 36 minutes of Personal Leave in their first year of service; ii. iii. 136 hours and 48 minutes of Personal Leave in their second, third and fourth years of service; and 190 hours of Personal Leave in their fifth and subsequent years of service; b. Expanded definition of who carer s leave can be used for; c. Personal Leave to be credited up front at the beginning of a year of service; d. An Employee being able to use 5 days of personal leave per year without being required to provide a medical certificate or statutory declaration; and e. For the avoidance of doubt, the clause to have clear wording that personal leave can be used to attend appointments with a registered health practitioner. 41. Compassionate Leave clause to be updated, restructured and improved, including but not limited to: a. Expanded definition of who Compassionate Leave can be used for; b. An Employee being able to use 2 days of their personal leave per year in addition to their Compassionate Leave; and c. The Employer may grant an Employee additional paid and/or unpaid Compassionate Leave. 42. Parental Leave clause to be updated, restructured and improved, including but not limited to: a. Payment by the Employer of superannuation while an Employee is on paid and unpaid parental leave; b. Payment of 16 weeks salary for the primary carer and 4 weeks salary for the non- primary carer where the Employee or their partner gives birth or adopts, with this payment to be paid at the commencement of parental leave or in the normal pay cycle, whichever the Employee so chooses; c. Definite entitlement to return to work part- time, on reduced hours or in another available position until a child is 5 years old; d. 2 days paid antenatal and adoption leave; e. Provisions dealing with termination of employment whilst an Employee is on parental leave: and f. For the avoidance of doubt, adoption to include placement of a child with an Employee under a permanent care order. 43. Long Service Leave clause to be updated, restructured and improved, including but not limited to:

7 a. Definite entitlement to access pro- rata Long Service Leave after 10 years of service; b. An Employee to have Long Service Leave paid out on termination where they have at least 7 years service; c. Long Service Leave to be exclusive of public holidays; d. Ability to access Long Service Leave in a greater number of periods; e. Provisions dealing with Employees transitioning to retirement; and f. Calculation of the Long Service Leave payment to be based on the Employee s average weekly hours of work over the period of service entitling them to Long Service Leave or their hours of work at the time of taking the leave, whichever is the more favourable to the Employee. 44. Public Holidays clause to be updated, restructured and improved, including but not limited to: a. Substitute public holiday when Anzac days fall on a weekend; b. Provisions dealing with payment for work on public holidays when a substitute day is observed; c. For the avoidance of doubt, the clause to have clear wording that an Employee is able to choose how they want to be compensated for working on a public holiday; d. Provisions relating to Employees being on- call on public holidays; e. Provisions dealing with payment for part- time Employees who do and don t normally work on a day on which a public holiday falls; and f. Removal of existing sub- clause Dispute Resolution training provisions to be expanded, including but not limited to: a. Leave to be available for courses/training that: i. Deals with the dispute resolution process; ii. iii. Deals with rights, obligations and responsibilities under relevant industrial instruments and legislation; and/or Provides Employees with a better understanding of industrial relations; and b. Leave to be available for courses/training conducted by a Union, an association of Unions, or an accredited training provider. 46. Unpaid ceremonial leave of up to 10 working days per annum. 47. St Vincent s Health Employees to receive the same personal leave as other Employees. 48. Employees who have a serious illness, are undertaking further study/training/professional development and/or are engaging in volunteer work to be entitled to up to 12 months Leave Without Pay.

8 Education and Professional Development 49. Professional Development Leave clause to be updated, restructured and improved, including but not limited to: a. For the avoidance of doubt the clause to have clear wording that Professional Development Leave is available to part- time Employees proportionate to hours worked; b. Employee to be able to access professional development leave for periods where they would be rostered off (e.g. on weekends, ADOs or after hours) and to receive time off in lieu for the period of the professional development; and c. Professional development/training provided by the Employer is not to be deducted from an Employee s Professional Development Leave entitlement. 50. Study Leave clause to be updated, restructured and improved, including but not limited to: a. Study leave will be approved by the Employer unless there are exceptional circumstances justifying non- approval; and b. Where Study Leave is not granted, the reasons for non- approval will be provided to the Employee in writing. 51. Conference/Seminar Leave clause to be updated, restructured and improved, including but not limited to: a. Conference/Seminar Leave to be cumulative over two years; b. Conference/Seminar leave will be approved by the Employer unless there are exceptional circumstances justifying non- approval; and c. Where Conference/Seminar Leave is not granted, the reasons for non- approval will be provided to the Employee in writing. 52. Relevant and specific in- service education and training to be offered to all Employees by the Employer on a regular basis comprising a minimum of four (4) hours per month during an Employee s ordinary hours of work. Union Matters 53. Union matter provisions, subject to right of entry under the Fair Work Act 2009, including but not limited to: a. Paid meeting times; b. Union access to new Employees; c. Delegates and other representatives to have reasonable release from duties, including to attend Union conferences and committee meetings; and

9 d. Access to facilities, including notice boards and . Classifications and Staffing 54. Reclassification procedure and clause explicitly stating how a position is classified. 55. Removal of restrictions that limit the application of certain classifications to specific Employers and/or professions/disciplines only, including but not limited to removing restrictions on which professions/disciplines the UG1 Grade 4 classification applies to. 56. Classification descriptors and structure: a. To be updated and reviewed, including but not limited to removing antiquated structures and terminology where possible, and the inclusion of relevant new classifications for Employees engaged in allied health practice; and b. To have consistency across similar classifications where possible. 57. An additional Grade 3 Year 5 increment. 58. Additional increments for Grade 4, with appropriate adjustments to also be made to the Chief classifications. 59. Changes to the classification structure to enhance career progression, including but not limited to better recognising duties related to student supervision/teaching/training. 60. Health Professionals at Grade 3 and below to be clinically supervised by Health Professionals in their discipline/profession. 61. The Employer to make every effort to backfill all Employee vacancies due to Personal Leave, Long Service Leave, Parental Leave, Annual Leave or other leave of 2 weeks or more, including due to combined absences of 2 or more Employees. 62. An Employer must advertise a vacancy that arises as soon as practicable, but no later than 8 working days after the position becomes vacant or the Employer becomes aware that the position will become vacant, and the Employer to appoint someone to the position as soon as practicable. 63. Workload clause that provides Employees with protections, including but not limited to the requirement that the work allocated to an Employee should be able to be performed during the Employee s ordinary hours of work. 64. Staffing clause that ensures that there are adequate staff to meet workload demands. Workplace Rights and Other Entitlements 65. Provisions to provide support to Employees experiencing Family and Domestic Violence; including but not limited to: a. Access to up to 20 days paid leave per annum, as well as access to other types of leave;

10 b. Appointment by the Employer of family and domestic violence contacts; and c. Other measures to assist an Employee experiencing Family and Domestic Violence, such as changing the Employee s work telephone number or address to avoid harassing contact. 66. An Employee to be able to work from their home or residence in circumstances where the work is project based and may be performed with a high level of autonomy, subject to operational requirements. 67. Improved family friendly and flexible working arrangements. 68. Parking provisions, including but not limited to: a. Where an Employee is required to travel between sites for work purposes using a vehicle, parking is to be paid for by the Employer; b. Where an Employee is recalled to duty, including when they are on- call, parking costs to be paid for by the Employer; and c. Increases to parking charges to be limited to a CPI or less than CPI increase per annum. 69. The Employer to pay for police checks and/or working with children checks where an Employee is required to have these. 70. Purchasing arrangement to allow Employees to access the savings of an annual Myki pass whereby the Employer purchases the pass for the Employee, and the Employee pays the Employer for this via payroll deductions. General 71. The Victorian Health Professionals Association also seeks to: a. Update the Agreement to better reflect current industrial legislation, understanding and practice; b. Redraft relevant clauses to make sure they do not exclude in whole or in part the NES, and are not detrimental to an Employee in any respect when compared to the NES; c. Redraft provisions where necessary for clarification, for example what constitutes a post graduate qualification, and the fixed term or temporary employment clause; d. Remove or update terms that are no longer relevant or are out of date, for example the references in the Examination Leave clause; and e. Correct mistakes in the current Agreement. 72. The Victorian Health Professionals Association also reserves the right to add additional claims where the need for these becomes apparent during negotiations.