General Dentists. Victorian Public Sector. Multi-Enterprise Agreement

Transcription

1 General Dentists Victorian Public Sector Multi-Enterprise Agreement

2 GENERAL DENTISTS VICTORIAN PUBLIC SECTOR MULTI-ENTERPRISE AGREEMENT PART 1 - APPLICATION 1 TITLE This Agreement shall be called the General Dentists Victorian Public Sector Multi-Enterprise Agreement ARRANGEMENT PART 1 - APPLICATION TITLE ARRANGEMENT DATE AND PERIOD OF OPERATION DEFINITIONS INCIDENCE AND COVERAGE SAVINGS NO EXTRA CLAIMS ANTI DISCRIMINATION INDIVIDUAL FLEXIBILITY ARRANGEMENTS RELATIONSHIP TO PREVIOUS AGREEMENTS AND AGREEMENTS CONSULTATION REGARDING MAJOR WORKPLACE CHANGE GRIEVANCE AND DISPUTE SETTLEMENT PROCEDURES TECHNOLOGICAL CHANGE... 7 PART 2 - GENERAL CONDITIONS CONDITIONS OF SERVICE MODES OF EMPLOYMENT PAYMENT CLASSIFICATION DESCRIPTIONS NOTIFICATION OF CLASSIFICATION HOURS OF WORK OVERTIME CLINICAL SKILLS ENHANCEMENT/JOB ROTATION SECONDMENT INCIDENTAL AND PERIPHERAL DUTIES JOB SHARING REMUNERATION PERFORMANCE MANAGEMENT SALARY PACKAGING OCCUPATIONAL SUPERANNUATION RIGHT OF PRIVATE PRACTICE ON-CALL/RECALL PROTECTIVE GOWNS...14 PART 3 - LEAVE AND OTHER ENTITLEMENTS PUBLIC HOLIDAYS ANNUAL LEAVE LONG SERVICE LEAVE SICK LEAVE CARER S LEAVE FOR OTHER THAN CASUAL EMPLOYMENT BEREAVEMENT/COMPASSIONATE LEAVE CASUAL EMPLOYMENT CARING RESPONSIBILITIES CULTURAL AND CEREMONIAL LEAVE PARENTAL LEAVE JURY SERVICE ACCIDENT PAY PROFESSIONAL DEVELOPMENT CLINICAL QUALITY, CLINICAL AUDIT AND PEER REVIEW...30 General Dentists Agreement Page 1

3 45 NOTICE PROVISIONS: EXPENSES SIGNATORIES...32 SCHEDULE ONE Part A - REMUNERATION...33 SCHEDULE ONE Part B - COMPETENCIES...34 SCHEDULE ONE Part C - SALARY PROGRESSION CRITERIA...35 SCHEDULE TWO - LIST OF EMPLOYERS...40 SCHEDULE THREE - LIST OF PREVIOUS AGREEMENTS DATE AND PERIOD OF OPERATION This Agreement shall come into effect 7 days from the date of approval by Fair Work Australia (FWA) and shall remain in force until 30 May DEFINITIONS 4.1 CPSU means the Community & Public Sector Union 4.2 Dental Clinic means any public dental clinic whether fixed or mobile. 4.3 Dentist for the purpose of this Agreement means a person who has current registration as a Dentist with the Dental Practice Board of Victoria or successor. 4.4 DHS or Department means the Department of Human Services or successor. 4.5 FWA and the Commission means Fair Work Australia. 4.6 Hourly rate means one thirty-eighth of the appropriate weekly rate for the relevant classification. 4.7 Service or Employer unless the context otherwise indicates or requires, means relevant service before and/or after commencement of this agreement in any one or more Victorian public health service or registered community health centre. 5 INCIDENCE AND COVERAGE This agreement covers: 5.1 The employers listed at Schedule Two; 5.2 Dentists who are employed in the capacity of general dentist by the employers listed at Schedule Two; 5.3 The Community and Public Sector Union as a bargaining representative for the Agreement entitled to be covered by the Agreement in accordance with section 183 of the Fair Work Act SAVINGS Nothing in this Agreement shall affect any condition of employment which is superior to any term or condition pursuant to this agreement which a Dentist was entitled to immediately prior to this Agreement coming into effect. 7 NO EXTRA CLAIMS The Parties undertake that during the life of this Agreement there shall be no further wage increases sought or granted except as provided for under the terms of this Agreement. 8 ANTI DISCRIMINATION 8.1 It is the intention of the Parties to this Agreement to achieve the principal object in section 3(e) of the Fair Work Act 2009 through respecting and valuing the diversity of the workforce by helping to prevent and eliminate discrimination on the basis of race, colour, sex, sexual preference, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin General Dentists Agreement Page 2

4 8.2 Accordingly, in fulfilling their obligations under the procedures in clause 12 (Grievance and Dispute Settlement Procedures), the Parties must make every endeavour to ensure that neither the Agreement provisions nor their operation are directly or indirectly discriminatory in their effects. 8.3 Nothing in this clause is to be taken to affect any different treatment (or treatment having different effects) which is specifically exempted under the Commonwealth anti-discrimination legislation; an Employee, Employer or registered Organisation pursuing matters of discrimination in any State or Federal jurisdiction, including by application to the Human Rights and Equal Opportunity Commission; any exemptions provided under the Fair Work Act INDIVIDUAL FLEXIBILITY ARRANGEMENTS 9.1 An employee and the employer may enter into an individual flexibility arrangement pursuant to this clause in order to meet the genuine needs of the employee and employer. An individual flexibility arrangement must be genuinely agreed to by the employee and employer. 9.2 An individual flexibility arrangement may vary the effect of one or more of the following terms of this enterprise agreement: arrangements for when work is performed; overtime rates; penalty rates; allowances; and leave loading. 9.3 An employee may nominate a representative to assist in negotiations for an individual flexibility arrangement. 9.4 The employer must ensure that any individual flexibility arrangement will result in the employee being better off overall than the employee would have been if no individual flexibility arrangement were agreed to. 9.5 The employer must ensure that an individual flexibility arrangement is in writing and signed by the employee and employer. If the employee is under 18, the arrangement must also be signed by a parent or guardian of the employee. 9.6 The employer must give a copy of the individual flexibility arrangement to the employee within 14 days after it is agreed to. 9.7 The employer must ensure that any individual flexibility arrangement sets out: the terms of this enterprise agreement that will be varied by the arrangement; how the arrangement will vary the effect of the terms; how the employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and the day on which the arrangement commences. 9.8 The employer must ensure that any individual flexibility arrangement: is about matters that would be permitted matters under section 172 of the Fair Work Act 2009 if the arrangement were an enterprise agreement; does not include any term that would be an unlawful term under section 194 of the Fair Work Act 2009 if the arrangement were an enterprise agreement; and provides for the arrangement to be terminated: General Dentists Agreement Page 3

5 9.8.3(a) 9.8.3(b) by either the employee or employer giving a specified period of written notice, with the specified period being not more than 28 days; and at any time by written agreement between the employee and employer. 9.9 An individual flexibility arrangement may be expressed to operate for a specified term or while the employee is performing a specified role (such as acting in a specified higher position). Such an arrangement will terminate on expiry of the specified term or when the employee ceases to perform the specified role, unless terminated earlier on notice or by agreement. 10 RELATIONSHIP TO PREVIOUS AGREEMENTS AND AGREEMENTS 10.1 This Agreement is a comprehensive agreement that replaces the agreements listed in Schedule Three and any award(s) that may apply. 11 CONSULTATION REGARDING MAJOR WORKPLACE CHANGE 11.1 Employer to notify Where an employer has made a definite decision to introduce major changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, the employer must notify the employees who may be affected by the proposed changes and their representatives, if any Significant effects include termination of employment; major changes in the composition, operation or size of the employer s workforce or in the skills required; the elimination or diminution of job opportunities, promotion opportunities or job tenure; the alteration of hours of work; the need for retraining or transfer of employees to other work or locations; and the restructuring of jobs. Provided that where this award makes provision for alteration of any of these matters an alteration is deemed not to have significant effect Employer to discuss change The employer must discuss with the employees affected and their representatives, if any, the introduction of the changes referred to in clause 11.1, the effects the changes are likely to have on employees and measures to avert or mitigate the adverse effects of such changes on employees and must give prompt consideration to matters raised by the employees and/or their representatives in relation to the changes The discussions must commence as early as practicable after a definite decision has been made by the employer to make the changes referred to in clause For the purposes of such discussion, the employer must provide in writing to the employees concerned and their representatives, if any, all relevant information about the changes including the nature of the changes proposed, the expected effects of the changes on employees and any other matters likely to affect employees provided that no employer is required to disclose confidential information the disclosure of which would be contrary to the employer s interests. 12 GRIEVANCE AND DISPUTE SETTLEMENT PROCEDURES: 12.1 Resolution of disputes and grievances Unless otherwise provided for in this Agreement, a dispute or grievance about a matter arising under this Agreement or the National Employment Standards, other than termination of employment, must be dealt with in accordance with this clause. This includes a dispute or grievance about whether an employer had reasonable grounds to refuse a request for flexible working conditions or an application to extend unpaid parental leave This clause does not apply to any dispute on a matter or matters arising in the course of bargaining in relation to a proposed workplace agreement The employer or an employee covered by this Agreement may choose to be General Dentists Agreement Page 4

6 12.2 Obligations represented at any stage by a representative, including a union representative or employer s organisation The parties to the dispute or grievance, and their representatives, must genuinely attempt to resolve the dispute or grievance through the processes set out in this clause and must cooperate to ensure that these processes are carried out expeditiously Whilst a dispute or grievance is being dealt with in accordance with this clause, work must continue in accordance with usual practice, provided that this does not apply to an employee who has a reasonable concern about an imminent risk to his or her health or safety, has advised the employer of this concern and has not unreasonably failed to comply with a direction by the employer to perform other available work that is safe and appropriate for the Employee to perform No person covered by the Agreement will be prejudiced as to the final settlement of the dispute or grievance by the continuance of work in accordance with this clause Agreement and dispute settlement facilitation For the purposes of compliance with this Agreement (including compliance with this dispute settlement procedure) where the chosen employee representative is another employee of the employer, he/she must be released by his/her employer from normal duties for such periods of time as may be reasonably necessary to enable her/him to represent employees concerning matters pertaining to the employment relationship including but not limited to: (a) (b) (c) Investigating the circumstances of a dispute or an alleged breach of this Agreement or the National Employment Standards; Endeavouring to resolve a dispute arising out of the operation of the Agreement or the National Employment Standards; or, Participating in conciliation, arbitration or any other agreed alternative dispute resolution process The release from normal duties referred to in this clause is subject to the proviso that it does not unduly affect the operations of the employer Discussion of grievance or dispute The dispute or grievance must first be discussed by the aggrieved employee(s) with the immediate supervisor of the employee(s) If the matter is not settled, the employee(s) can require that the matter be discussed with another representative of the employer appointed for the purposes of this procedure Internal process If any party to the dispute or grievance who is covered by the Agreement refers the dispute or grievance to an established internal dispute or grievance resolution process, the matter must first be dealt with in accordance with that process, provided that the process is conducted in a timely manner and it is consistent with the following principles: (a) (b) (c) (d) The rules of natural justice; Provide for mediation or conciliation of the grievance; Provide that the employers will take into consideration any views on who should conduct the review; and be conducted as quickly, and with as little formality, as a proper consideration of the matter allows. General Dentists Agreement Page 5

7 If the dispute or grievance is not settled through an internal dispute or grievance resolution process, the matter can be dealt with in accordance with the processes set out below If the matter is not settled, either party may refer the matter to Fair Work Australia (FWA) Disputes of a Collective Character The parties bound by the Agreement acknowledge that disputes of a collective character concerning more than one employee may be dealt with more expeditiously by an early reference to FWA No dispute of a collective character may be referred to FWA directly unless there has been a genuine attempt to resolve the dispute at the workplace level prior to it being referred to FWA Conciliation Where a dispute or grievance is referred for conciliation, a member of the FWA shall do everything that appears to the member to be right and proper to assist the parties to agree on terms for the settlement of the dispute or grievance This may include arranging: (a) (b) conferences of the parties or their representatives presided over by the member; and, for the parties or their representatives to confer among themselves at conferences at which the member is not present Conciliation before the FWA shall be regarded as completed when: (a) (b) (c) 12.8 Arbitration the parties have reached agreement on the settlement of the grievance or dispute; or, the member of the FWA conducting the conciliation has, either of their own motion or after an application by either party, satisfied themselves that there is no likelihood that within a reasonable period, further conciliation will result in a settlement; or, the parties have informed the FWA member that there is no likelihood of agreement on the settlement of the grievance or dispute and the member does not have substantial reason to refuse to regard the conciliation proceedings as completed If the dispute or grievance has not been settled when conciliation has been completed, either party may request that the FWA proceed to determine the dispute or grievance by arbitration Where a member of the FWA has exercised conciliation powers in relation to the dispute or grievance, the member shall not exercise, or take part in the exercise of, arbitration powers in relation to the dispute or grievance if a party objects to the member doing so Subject to sub-clause below, the determination of the FWA is binding upon the persons covered by this Agreement An appeal lies to a Full Bench of the FWA, with the leave of the Full Bench, against a determination of a single member of the FWA made pursuant to this clause Conduct of Matters Before FWA Subject to any agreement between the parties in relation to a particular dispute or grievance and the provisions of this clause, in dealing with a dispute or grievance General Dentists Agreement Page 6

8 through conciliation or arbitration, FWA may conduct the matter in accordance with Subdivision B of Division 3 of Part 5-1 of the Fair Work Act TECHNOLOGICAL CHANGE: 13.1 Definitions For the purposes of this clause: Technological change" means the introduction, alteration or replacement of scientific instruments, computers (including word processing machines), or work practices ancillary to the use of such equipment, which change, if implemented by an Employer, may have material effects in or on the employment of persons to which this Agreement applies "Scientific instrument/computer" means an electronic device (including a word processing machine) which is capable of receiving specimens, facts or data, processing or performing calculations on those specimens or data, and delivering answers or information in the required format for use by a person, or to control the operations of other machines, scientific instruments or computers "Material effects" means the termination of employment, the elimination or diminution of job opportunities, promotional opportunities, job tenure or the use of skills, the alteration of hours of work, and the need for retraining or transfer of Dentists to other work or locations "Employer" means the institution who is responsible for the performance of any act coming within the meaning of this clause Notification When the Employer instructs or commissions Dentists, consultants or suppliers or any other persons to carry out an investigation of the feasibility of technological change or where the Employer personally commences such an investigation, the employer shall notify: in any case where the Employer is able to identify the Dentists who may be materially affected in their employment by the change, those Dentists and/or their representative(s) - that the investigation is being undertaken, and shall specify the Employer's principal objective or objectives of such investigation Consultation during feasibility investigation During the course of any feasibility investigation, the Employer shall: keep the relevant Dentists' representatives and the Dentists who have been notified informed of; and when requested in writing by Dentists or their representatives to do so, consult with them about any technological change being considered, any material effects which might ensue and alternative proposals which might eliminate or lessen such effects Decision to implement If the Employer decides to implement technological change it shall notify the Dentists who may be materially affected in their employment by the change and their representatives, as soon as possible thereafter After notifying the decision, the Employer will inform the Dentists and their representatives who have been notified, of the nature and extent of likely material effects and will consult with them about the proposed change, the reasons for it and any alternative proposals which, if implemented, might eliminate or lessen likely material effects Information In providing information, the Employer shall indicate the source thereof and provide such General Dentists Agreement Page 7

9 technical data as will allow evaluation of the likely material effects of any proposal for technological change. The information provided pursuant to this clause shall not be divulged to any other Employer nor used for any purpose other than the making of the said evaluation Method of Notification All notifications and information to Dentists and their representatives shall be in writing Consultations All consultation between the Dentists representative(s) and the Employer will take place at the Employer's place of business during the usual office hours or at such time or times and place as are agreed upon, or in the absence of agreement as are specified by the Employer. General Dentists Agreement Page 8

10 PART 2 - GENERAL CONDITIONS 14 CONDITIONS OF SERVICE Employment under this Agreement shall be between the Employer and the Dentist When the Dentist is full-time, the Employer employs the Dentist on the basis that the whole of the Dentists duty hours shall be devoted to the duties of the appointment The Dentist shall not, without the consent of the patient, divulge any information, which that Dentist has acquired in attending the patient, and which was necessary to enable the Dentist to prescribe or act for the patient, to any person other than the Employer or other clinical and nursing staff of the Employer Notwithstanding the provisions of sub-clause 14.2 a Dentist may be required for a medicolegal purpose to disclose to the Employer any information relating to the mental or physical condition of a person who is or was a patient of the Employer and such Dentist shall make such disclosure in accordance with the requirement. 15 MODES OF EMPLOYMENT The employment of Dentists under this Agreement may be full-time, part-time, fixed-term or casual. Prior to engagement the Employer shall inform each Dentist in writing of the mode and terms of their employment, their classification, hours and salary A dentist, other than a casual, who accepts employment on or after the date of certification of this agreement shall be engaged on a probationary basis for their initial four months of employment. During the probationary period, the employer or a probationary dentist may terminate employment by one weeks notice or payment or forfeiture of one weeks ordinary time pay in lieu of notice. Notice under this clause may be given or received by a combination of time notice or payment or forfeiture as the case may be (in lieu) Employment of full-time and part-time dentists shall, subject to this Agreement, be ongoing Employment may be on a full-time, part-time, fixed-term, or casual basis A full-time Dentist is one who is ready, willing and available to work, on average, a full week of 38 hours A regular part-time employee is an employee engaged to work an agreed regular number of hours of less than 38 hours per week who is ready, willing and available to work those agreed hours at the times and during the hours that are mutually agreed or, in the absence of agreement, as prescribed by the Employer including working a minimum of 15.2 hours per week and/or over two consecutive days Fixed-term employment in all areas covered by this Agreement is limited to: replacement of staff proceeding on approved leave; to meet fluctuating client and staffing needs and unexpected increased workloads; to undertake a specific, but finite, task (possibly linked to one-off funding from an external source) 15.7 Casual employment in all areas covered by this Agreement is limited to: meeting short-term work demands which are not continuing and would not be anticipated to be met from existing staffing levels. A casual Dentist is one who is engaged in relieving work or work of a casual nature and whose engagement is terminable by either the Dentist or the Employer without the requirement of prior notice by either party. A casual Dentist shall be paid one-thirty-eighth per hour (1/38th) of the weekly rate of pay appropriate to the classification/year of experience plus 25 per cent. Such Dentists shall not be entitled to the benefit of the following clauses: Annual Leave, Sick Leave, Compassionate Leave, Professional Development, Long Service Leave or Parental Leave (except as provided for in Clause 39), Public Holidays or other paid absence from duty If, after discussions and agreement with the relevant Dentist, the mode of employment or classification of the Dentist is altered, the Employer will provide written confirmation to the Dentist. General Dentists Agreement Page 9

11 16 PAYMENT 16.1 Salary will be paid fortnightly to the financial institution account of each Dentist On or after each payday the Employer shall advise each Dentist in writing of gross salary entitlement for the pay period, deductions authorised by law and by the Dentist and the net amount of payment In the event of overpayment the Employer may recover this by instalments of up to 10% of gross salary until the overpayment has been rectified. Prior to recovery of an overpayment the Employer will discuss the time period for recovery with the relevant Dentist. 17 CLASSIFICATION DESCRIPTIONS Classification Description Indicative Occupation Level 1 Level 2 Under the general oversight of a senior dentist performs examination, investigation and basic treatment of patients. This is a basic skill level and includes an entry-level graduate dentist who is acquiring experience in dentistry. Performs routine dental work requiring the independent examination, investigation, treatment planning and treatment of patients. This is a moderate skill level and includes the moderately experienced dentist who is competent in basic tasks. May require regular professional support and mentoring. Recently graduated dentist Dentist still gaining experience Level 3 Performs general dental work requiring the independent examination, investigation, treatment planning and treatment of patients. This is the broadly based skilled level. It encompasses an experienced dentist who is competent in all general dental tasks and who would be expected to be familiar with and be able to exhibit a number of more advanced tasks that are commonly performed in general dental practice. The dentist at this level must have demonstrated a commitment to professional development, and would act as a mentor to less experienced staff or a supervisor to students when required. This dentist may manage a small clinic. Experienced Dentist Level 4 Clinical Includes an experienced dentist who is widely recognised for their exceptional competence in general dental work and has a proven record for carrying out a broad range of advanced and complex dental procedures. This dentist would frequently receive referrals from other dental practitioners and be called upon for dental Senior Dentist; Position by appointment General Dentists Agreement Page 10

12 Classification Description Indicative Occupation advice. Level 4 Managerial Level 5 With advanced skill level, manages a medium sized clinical service; or due to highlevel competency in general dentistry supervises the work of a number of other dentists. Will be responsible for the direction and management of a large clinical service. Dental Manager Senior Dentist; Position by appointment Dental Manager Position by appointment 18 NOTIFICATION OF CLASSIFICATION 18.1 The Employer shall notify each Dentist in writing of their classification and terms of employment, on commencement The Employer shall notify each Dentist of any alteration to their classification in writing within 14 days of the operative day of such alteration. 19 HOURS OF WORK 19.1 Subject to this Clause, ordinary hours of a full-time Employee shall be 38 per week worked on such days as are mutually agreed Ordinary hours Ordinary hours may be worked as required: Monday - Friday Saturday-Sunday 7.00 a.m p.m 8.00 a.m p.m The hours and days of work for an Employee shall be negotiated and in the event that mutual agreement cannot be obtained, the hours and days of Employees shall be as prescribed by the Employer Provided that no Employee shall be directed to work more than 8 hours per day, without compensation for overtime Shift Work: In addition to any other rates prescribed elsewhere in this Agreement, an Employee whose rostered hours of ordinary duty finish between 6.00 p.m. and 8.00 a.m. or commence between 6.00 p.m. and 6.30 a.m. shall be paid an amount equal to 2.5% of the weekly base rate of pay for the Dentist Level 3, sub-point 2 (Level 3b) per rostered period of duty Provided further that in the case of an employee who, at the direction of the Employer, changes from working on one shift to working on another shift the time of commencement of which differs by four hours or more than from that of the first shall be paid an amount equal to 4 percent of Dentist Level 3, sub-point 2 (Level 3b) on the occasion of each such change in addition to any amount payable under Saturday and Sunday Work All rostered time of ordinary duty performed between midnight on Friday and midnight on Sunday shall be paid for at rate of time and a half Provided that the following rate of payment shall be made where the Saturday or Sunday duty involves: (a) work in excess of the prescribed rostered hours double time for the excess General Dentists Agreement Page 11

13 period; 19.5 Ordinary hours may, by mutual agreement, be worked as: An average of 38 hours per week or an average of 76 hours per fortnight or an average of 152 hours per four week period An Employee may, with the agreement of the Employer, work make up time under which the Employee takes time off during their ordinary hours and works those hours at ordinary time rate at a later mutually agreed time or times. Any agreement on make up time shall be in writing and retained on the employee s personal file For the purpose of this clause the working week shall commence at midnight on a Sunday. 20 OVERTIME 20.1 Payment of overtime performed will only occur with the prior approval of the Employer An authorised officer of the Employer who has delegated authority to approve such expenditure must give approval for overtime At the direction of the Employer authorised work in excess of 38 hours in any week, or in excess of 8 ordinary hours in any one day, except where averaged in accordance with clause 19 shall be time and a half for the first two hours and double time thereafter. Alternatively, by mutual agreement, overtime may be compensated by time off in lieu of payment for overtime. Time off in lieu shall be taken at a mutually agreed time or times and shall be based on the overtime rate. 21 CLINICAL SKILLS ENHANCEMENT/JOB ROTATION 21.1 In order to achieve (or maximise) clinical delivery outcomes and priorities, an employee shall be available to transfer through all clinical areas as determined by the Employer. Following discussions between the Manager and the employee, an employee may be temporarily rotated for the purpose of targeting resources to rural regions of greatest need, clinical skill enhancement, training in clinical and related procedures and personal career development. Reimbursement of expenses, excess travelling time and/or kilometre allowance (as per the Employer s policies) shall, if applicable, apply to such rotations. 22 SECONDMENT 22.1 Where a Dentist is seconded for service to any other clinical facility or health institution, the Dentist shall remain in the employ of the parent Employer at which the Dentist was engaged prior to secondment. The parent Employer shall remain responsible for the payment of any entitlements accruing to the Dentist under this agreement. 23 INCIDENTAL AND PERIPHERAL DUTIES 23.1 The Employer may direct a Dentist to carry out duties that are incidental and peripheral to the work normally performed where those duties are within the employee s skill, competence and training and are consistent with the classification structure of this Agreement. 24 JOB SHARING 24.1 Nothing in this Agreement shall prevent two Dentists sharing a position subject to the approval of the Employer. 25 REMUNERATION 25.1 Dentists under this Agreement shall be paid no less than the appropriate wage set out in Schedule One for the relevant classification Salary progression within salary levels, or from one level to the next, will be based on assessed performance, in accordance with Part C of Schedule One This agreement provides for the following increases to existing salary rates in Schedule One: General Dentists Agreement Page 12

14 Date of effect Percentage increase 31 May 2009; 3.25% 31 May 20010; 3.25% 31 May 2011; 3.25% 31 May % 25.4 The salary rates provided in Schedule One are inclusive of annual leave loading. Authorised overtime is compensated separately. 26 PERFORMANCE MANAGEMENT: 26.1 Dentists employed under this Agreement on a full-time or part-time basis are committed to participating in the Employer s Performance Management Program at least annually in order to improve quality of care, workplace skills, effectiveness, productivity and motivation of Dentists, and for staff to benefit from outcomes as to their remuneration and career progression Performance management will comprise, as an integral element, the criteria detailed in Schedule One Part C Number SALARY PACKAGING 27.1 By agreement with the Dentist, the current rate of pay specified in this Agreement may be salary packaged in accordance with the Employer's Salary Packaging policy It is the intention of the Employer, as far as possible, that the Employer maintains a worthwhile salary packaging program for all Dentists. However if legislative or other changes have the effect of increasing the cost of packaging to the Employer, the Dentist participating in packaging shall either pay these costs or the Employer or the Dentist shall cease the arrangement. 28 OCCUPATIONAL SUPERANNUATION 28.1 The Employee will be offered by the Employer membership of a complying superannuation fund for the purposes of the Superannuation Industry (Supervision) Act 1993 (unless he/she is a member of a Victorian exempt public sector superannuation scheme). The Employer will contribute, or will be deemed to contribute, to this fund or another approved fund an amount in accordance with the Commonwealth Superannuation Guarantee Administration Act RIGHT OF PRIVATE PRACTICE 29.1 A Dentist may make written application to the Employer to engage in private practice. Approval will be in accordance with the Employer s Private Practice agreement as amended from time to time. Provided that a Dentist does not perform work outside his/her principal employment such that it would result in an overall excessive or unsafe work pattern for the Dentist. The Employer confirms its responsibility not to roster or arrange work hours such that an excessive or unsafe work pattern for the Dentist exists at the Employer s place of work. 30 ON-CALL/RECALL 30.1 Where a clinician other than a Dentist (being a Dental Therapist or Dental Hygienist) is rostered for duty and those duty hours are outside the ordinary hours of the supervising Dentist, then the Employer will confer with the Dentist and may require the Dentist to be oncall A Dentist who is rostered to be on-call shall be paid an allowance equal to 10% of their ordinary time hourly rate in respect of each on-call period. General Dentists Agreement Page 13

15 30.3 An on-call attendance by a Dentist under this clause may be by telephone, (extending beyond 15 minutes per call), or by personal attendance to the clinician/patient A Dentist may be recalled to duty outside their ordinary hours to attend to a serious accident or emergency at the request of the Employer A Dentist who, pursuant to this clause, attends an on-call or who is recalled to duty shall be compensated by payment at the rate of time and a half their ordinary time rate for the first two hours and double time thereafter or, by mutual agreement, by time off in lieu of such payment. Time off in lieu shall be taken at a mutually agreed time and shall be based on the overtime penalty rates as prescribed by Clause 20.3 of this Agreement. 31 PROTECTIVE GOWNS 31.1 Each Employee shall, subject to this clause, be supplied with sufficient suitable and serviceable protective gowns which shall be laundered at the expense of the Employer. General Dentists Agreement Page 14

16 PART 3 - LEAVE AND OTHER ENTITLEMENTS 32 PUBLIC HOLIDAYS 32.1 Where the nature of the employment of Employees permits the observance of public holidays as they occur, Employees (other than casual Employees) shall be entitled to the following holidays without loss of pay: New Year s Day, Good Friday, Easter Saturday, Easter Monday, Christmas Day, Boxing Day, Australia Day, Anzac Day, Queen s Birthday, Labour Day and Melbourne Cup Day When Christmas Day is a Saturday or a Sunday, a holiday in lieu thereof shall be observed on 27 December When Boxing Day is a Saturday or a Sunday, an additional holiday shall be observed on 28 December When New Year s Day is a Saturday or a Sunday, an additional holiday shall be observed on the next Monday When Australia Day is a Saturday or a Sunday, a holiday in lieu shall be observed on the next Monday Melbourne Cup Day Substitution Where, outside the Melbourne Metropolitan area, a public holiday is proclaimed in that municipality for the observance of local events, that day will be observed as a public holiday in lieu of Melbourne Cup Day Additional or Substituted Public Holidays Where in the whole or part of the State of Victoria, additional or substituted public holidays are declared or prescribed on days other than those set out in clauses 32.1 and 32.3 those days shall constitute additional or substituted holidays for the purpose of this Agreement for Employees who have their place of principal employment in a municipality to which the additional or substituted public holiday applies Substitution of Public Holiday An Employer and his or her Employees may agree to substitute another day for any prescribed in this clause. For this purpose, the consent of the majority of affected Employees shall constitute agreement. Any such arrangement shall be recorded in writing and be available to every affected Employee An Employee may by agreement with his or her Employer substitute another day for any prescribed in this clause to observe religious or cultural occasions or like reasons of significance to the Employee. 33 ANNUAL LEAVE 33.1 Dentists, other than casual Dentists, are entitled to four weeks' paid annual leave per annum. Such leave accrues for each four week period of continuous service. Entitlements for parttime Dentists will be calculated on a pro rata basis. Annual Leave shall be exclusive of the Public Holidays provided for in this Agreement Full-time and part-time Dentists shall take annual leave subject to operational requirements unless otherwise agreed by the Employer. An Employee who has accrued annual leave shall give the Employer 4 weeks notice of his/her intention of taking annual leave A 17.5% annual leave loading (capped to a rate of Dentist Level 3, sub point 2 (Level 3b)) has been built in to the salary rates provided for in Schedule One of this Agreement and is paid progressively during the year In the event of termination of employment the value of accrued, untaken annual leave (less annual leave taken in advance) shall be paid to the Employee immediately after termination. General Dentists Agreement Page 15

17 33.5 Where annual leave has not been taken within 2 years of accrual, the Employer may, on at least two weeks written notice, direct the Employee to take up to two weeks of their annual leave accrual, provided that the Employer considers any proposal of the Employee to take leave Where an Employer closes one or more of its operations for Christmas/New Year each year, and provides not less than 4 weeks written notice to affected Employees, the Employees will have the option of applying for Annual Leave, Long Service Leave, Time in Lieu or in the event of insufficient Annual Leave or Time in Lieu credits, Leave Without Pay for this period Accrual To assist employees in balancing their work and family responsibilities, by agreement between the employer and the employee, annual leave may be taken at any time within a period of 24 months from the date at which it falls due Single day absences 33.9 To assist employees in balancing their work and family responsibilities, an employee may elect, with the consent of the employer, to take annual leave in single periods not exceeding ten days in any calendar year at a time or times agreed between them. 34 LONG SERVICE LEAVE 34.1 Entitlement A Dentist shall be entitled to long service leave with pay in respect of continuous service with the Employer in accordance with the provisions of this clause Subject hereof, the amount of such entitlement shall be: on completion by the officer of 15 years' continuous service - six months' long service leave and thereafter an additional two months' long service leave on the completion of each additional five years' service; in addition, in the case of a Dentist who has completed more than 15 years' service and whose employment is terminated otherwise than by the death of the officer, an amount of long service leave equal to one-thirtieth of the period of his/her service since the last accrual of entitlement to long service leave under paragraph of this subclause; in the case of a Dentist who has completed at least 10 years' service, but less than 15 years' service and whose employment is terminated for any cause other than serious and wilful misconduct, such amount of long service leave as equals one-thirtieth of the period of service Service Entitling to Leave Subject to this sub-clause, the service of a Dentist of an Employer shall include service for which long service leave, or payment in lieu, has not been received in one or more Employers directly associated with such Employer for the periods required hereof Subject to this sub-clause, service shall also include all periods during which a Dentist was serving in Her Majesty's Forces or was made available by the Employer for National Duty When calculating the aggregate of service entitling to leave any period of employment with any one of the said Institutions or Statutory Bodies of less than six months' duration shall be disregarded Where a business is transmitted from one agency (the transmittor) to another agency (the transmittee), a Dentist who worked with the transmittor and who continues in service of the transmittee shall be entitled to count service with the transmittor as service with the transmittee for the purposes of this clause For the purpose of this clause, service shall be deemed to be continuous notwithstanding: General Dentists Agreement Page 16

18 34.3.5(a) (b) (c) (d) (e) (f) (g) (h) the taking of any annual leave, long service leave or other paid leave approved in writing by the Employer and not covered by clauses (b) or (d) below; any absence from work of not more than 14 days in any year on account of illness or injury or, if applicable, such longer period as provided in the Sick Leave clause of this Agreement; any interruption or ending of the employment by the Employer if such interruption or ending is made with the intention of avoiding obligations in respect of long service leave or annual leave; any absence on account of injury arising out of or in the course of the employment of the officer for a period during which payment is made under WorkCover/Workers' compensation; any unpaid leave of absence of the officer where the absence is authorised, in advance in writing, by the Employer to be counted as service; any interruption arising directly or indirectly from an industrial dispute; any period of absence from employment between the engagement with one of the said Institutions of Statutory Bodies and another provided it is less than the Dentist's allowable period of absence from employment. A Dentist's allowable period of absence from employment shall be five weeks in addition to the total period of paid annual and/or sick leave which the officer actually received on termination or from which he/she is paid lieu; the dismissal of a Dentist if the officer is re-employed within a period not exceeding two months from the date of such dismissal; (i) any unpaid absence from work of a female officer for a period not exceeding 12 months in respect of any pregnancy; (j) any other absence of a Dentist by leave of the Employer, or an account of injury arising out of or in the course of their employment not covered by clause (d) In calculating the period of continuous service of any officer, any interruption or absence of a kind mentioned in clauses (a) to (e), shall be counted as part of the period of service, but any interruption or absence of a kind mentioned in clauses (f) to (j) of the said sub-clause shall not be counted as part of the period of service unless it is so authorised in writing by the Employer The onus of proving a sufficient aggregate of service to support claim for long service leave entitlement shall at all time rest upon the officer concerned. A certificate as set out in this paragraph shall constitute acceptable proof The Employer shall keep or cause to be kept a long service leave record for each officer containing particulars of service, leave taken and payments made Payment in Lieu of Long Service Leave on the Death of a Dentist Where a Dentist who has completed at least 10 years' service dies while still in the employ of the Employer, the Employer shall pay to such Dentist's personal representative a sum equal to the pay of such officer for one-thirtieth of the period of the Dentist's continuous service in respect of which leave has not been allowed or payment made immediately prior to the death of the Dentist Payment for Period of Leave Payment to a Dentist in respect of long service leave shall be made in one of the following ways: In full in advance when the officer commences his/her leave; or At the same time as payment would have been made if the officer had remained on duty; in which case payment shall, if the officer in writing so requires, be made by General Dentists Agreement Page 17

19 cheque posted to a specified address; or In any other way agreed between the Employer and the officer Where the employment of a Dentist is, for any reason, terminated before he/she takes any long service leave to which he/she is entitled or where any long service accrues to a Dentist pursuant to the above clauses the officer shall, subject to the provisions of the relevant subclauses, be entitled to pay in respect of such leave as at the date of termination of employment Where any long service leave accrues to a Dentist pursuant to sub-clauses hereof, the officer shall be entitled to pay in respect of such leave as at the date of termination of employment Provided in the case of a Dentist of an Employer who accrues entitlement pursuant to sub-clauses hereof, and who intends to be re-employed by another Employer: (a) (b) (c) Such a Dentist may, in writing request payment in respect of such leave to be deferred until after the expiry of the officer's allowable period of absence from employment as provided for in these sub-clauses; Except where the Dentist gives the Employer notice in writing that the officer has been employed by another Employer, the Employer shall make payment in respect of such leave at the expiry of the officer's allowable period of absence from employment; Where the Dentist gives the Employer notice in writing that the officer has been employed by another Employer, the Employer is no longer required to make payment to the officer in respect of such leave Where an increase occurs in the ordinary time rate of pay during any period of long service leave taken by the officer, the officer shall be entitled to receive payment of the amount of any increase in pay from the date that increase becomes operative at the completion of such leave Taking of Leave When a Dentist becomes entitled to long service leave such leave shall be granted by the Employer within six months from the date of entitlement, but the taking of such leave may be postponed to such date as is mutually agreed, or in default of agreement as is determined by the Fair Work Australia provided that no such determination shall require such leave to commence before the expiry of six months from the date of such determination Any long service leave shall be inclusive of any public holiday occurring during the period when the leave is taken If the Employer and a Dentist so agree (a) (b) the first six months' long service leave to which a Dentist becomes entitled under this Agreement may be taken in two or three separate periods; and any subsequent period of long service leave to which the officer becomes entitled may be taken in two separate periods but save as aforesaid long service leave shall be taken in one period The Employer may by agreement with a Dentist, grant long service leave to a Dentist before the entitlement to that leave has accrued, provided that such leave shall not be granted before the officer has completed ten years' service Where the employment of a Dentist who has taken long service leave in advance is subsequently terminated for serious and wilful misconduct before entitlement to long service leave has accrued, the Employer may, from whatever remuneration is payable to the officer upon termination deduct and withhold an amount equivalent to the amount paid to the officer in respect of the leave in advance. General Dentists Agreement Page 18