DOCTORS IN TRAINING SECONDMENT AGREEMENT
Austin Health
and
[Insert name of Secondment Health Service HERE]
DOCTORS IN TRAINING SECONDMENT AGREEMENT
DOCTORS IN TRAINING SECONDMENT AGREEMENT 1
1. DEFINITIONS 3
2. GOVERNING PRINCIPLES AND PURPOSES 5
3. TERM OF AGREEMENT 5
4. THE SECONDMENT CONDITIONS 5
5. PAYMENT OF SALARIES AND RELATED EXPENSES 12
6. GST 13
7. RECORDS AND REPORTING 14
8. NOTICES 14
9. TERMINATION 14
10. DISPUTE RESOLUTION 14
11. MISCELLANEOUS 15
12. REPRESENTATIVES OF PARTIES TO THIS AGREEMENT 15
Execution and date 17
Schedule 1 18
Schedule 2 19
APPENDIX 1: Applicable Overheads by Wage Type 21
APPENDIX 2: On-Cost Percentages 28
APPENDIX 3: EXAMPLE LEAVE FORMS 1
APPENDIX 4: CERTIFICATE OF SERVICE 3
THIS AGREEMENT is made on the day of 20 .
BETWEEN
xxxxxxxx (Parent Hospital) of
and
xxxxxxxx (Secondment Hospital) of
RECITALS
A As part of the Parent Hospital rotational training and experience program, Doctors employed by the Hospital may undertake Secondments with other health services (Secondment Program).
B The Parties wish to clearly establish the scope and responsibilities of secondment arrangements.
C The Parties acknowledge that while the seconded Doctors will be under the care and supervision of the Secondment Hospital, the Parent Hospital will remain the Seconded Doctor’s employer.
D The Parties recognise that the quality and provision of health care to the Victorian community and the training and experience of its Doctors will be enhanced if they work together for the development and implementation of strategies to:
a. improve and streamline administrative and communication processes between the Parties; and
b. ensure that the Doctors provided for a secondment to another hospital have the necessary practice skills, experience and knowledge to further their training in their training program.
E The terms and conditions of this Agreement govern the relationship between the Parent Hospital and the Secondment Hospital.
THE PARTIES AGREE
1. DEFINITIONS
In this Agreement unless expressed or implied to the contrary:
Agreement means this Secondment Agreement;
AHPRA means the Australian Health Practitioner Regulation Agency;
Certified Agreement means the Industrial Agreements which sets out the terms and conditions of employment of doctors;
Commencement Date means the date specified in Item 1 of Schedule 1;
Completion Date means the date described in clause 3.2.1;
Confidential Information means all information and materials, in any form, which come into a Party's possession about the other Party pursuant to, or as a result of, or in performance of this Agreement, excluding information:
- which at the time of its first disclosure or observation under this Agreement was in the public domain;
- which, after disclosure or observation under this Agreement, comes into the public domain otherwise than by disclosure in breach of this Agreement;
- which is received by either Party from a third Party who has the right to provide the information;
- which was already in the receiving Party's possession or knowledge without restriction prior to its disclosure or observation; or
- which the disclosing Party is required by law to disclose;
DIT Agreement means Australian Medical Association (Victoria) Doctors in Training Agreement 2008-2012 or its successor Agreement;
Doctor means a Doctor as defined in the DIT Agreement;
Excessive Sick Leave means more than 1 continuous week of paid sick leave days taken by one employee;
Hospital's Rules means the Statutes, By-Laws, Regulations and any other applicable rules and policies made by the Hospital;
Intellectual Property or IP includes all copyright (including rights in relation to phonograms and broadcasts), all rights in relation to inventions (including patents), plant varieties, trade marks (including service marks), designs, circuit layouts, all other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields and any right to have confidential information kept confidential, but does not include Moral Rights or rights of performers;
Laws includes all Acts of the Parliaments of Australia and the State of Victoria and all regulations, by-laws, awards and orders made thereunder and the lawful requirements of public, municipal and other competent authorities in any way affecting or applicable to the Secondment;
Parent Hospital means the Parent Hospital as described in the DIT Agreement;
Party means a party to this Agreement;
PMCV means the Postgraduate Medical Council of Victoria;
Representative means the nominated representative for the Parent Hospital and the Secondment Hospital specified in Item 5 of Schedule 1, or such other person as may be delegated from time to time under clause 12;
Seconded Doctors means doctors on Secondment under this Agreement;
Secondment means a period during which a Doctor is directed to work at another hospital (the “Secondment Hospital”) as part of a structured training program or to meet service demands. The Doctor remains an employee of the Parent Hospital for the secondment period;
Secondment Fee means the amount charged by the Parent Hospital for the administration of the Secondment;
Secondment Hospital means the hospital to which a Doctor is assigned for the purposes of training or to meet services demand while remaining an employee of his or her Parent Hospital;
Secondment Intellectual Property means any Intellectual Property developed by a Party, the Parties or third parties in the Secondment or while carrying out the Secondment;
Term means the term of this Agreement set out in clause 3, or such lesser period if this Agreement is terminated earlier under clause 9.
2. GOVERNING PRINCIPLES AND PURPOSES
2.1. The Parties agree to work together in a spirit of mutual cooperation and trust to ensure that:
2.1.1. Doctors undertaking a structured training program approved by the PMCV are provided with essential practice skills, experience and knowledge to fulfil the requirements of their training program; and
2.1.2. the service demands of Victorian hospitals are met.
2.2. This Agreement sets out the terms and conditions on which the Parties agree that the Secondment Program will operate.
3. TERM OF AGREEMENT
3.1. Commencement Date
3.1.1. This Agreement commences on the date specified in Item 1 of Schedule 1.
3.2. Completion Date
3.2.1. This Agreement ends 36 months after the Commencement Date unless otherwise terminated or extended in accordance with this document.
3.3. Review
3.3.1. The Parties agree that they will keep the operation of this Agreement and its initiatives under continuous review and will consult each other with a view to improving operations and resolving any matter that may arise.
3.3.2. On, or shortly before the first anniversary of the date of this Agreement, the Representatives of both Parties will review the Agreement and consider whether amendment is appropriate. This process will then be repeated every 12 months thereafter or as otherwise agreed in writing between the Parties.
4. THE SECONDMENT CONDITIONS
4.1. Details of Seconded Doctors
4.1.1. The Parent Hospital agrees to provide Doctors to the Secondment Hospital for the secondment posts identified in Item 3 of Schedule 1, which may be varied in accordance with clause 4.1.14.
Doctors duties
4.1.2. The Parties shall agree on the Position Description for each secondment post.
Obligations of the Parent Hospital
4.1.3. The Parent Hospital will confirm with the Secondment Hospital in writing by 30 September of each year that it will provide the Doctors for the secondment posts for the following year in accordance with the request of the Secondment Hospital as identified in Item 3 of Schedule 1 or as varied under clause 4.1.14, or as otherwise agreed in writing between the Parties.
4.1.4. If the Secondment Hospital has requested a variation to the standard arrangements under clause 4.1.14, the Parent Hospital will provide the Secondment Hospital with a response in writing to this request. The Parent Hospital’s response will identify the proposed Secondment Doctors’ names, classifications and Secondment dates (for the upcoming clinical year) as soon as practicable after the Parent Hospital recruitment and rostering has been completed and confirmed.
4.1.5. If the Secondment Hospital requests any additional Secondment Doctors, the Parent Hospital will endeavour to meet the request at the classifications required noting that specific classifications may change from time to time depending upon available staff and the qualifications of individual doctors.
4.1.6. Each Party will immediately notify the Representative of the other Party of any change to the Secondment Doctors referred to in clause 4.1.3 should a Doctor become unavailable or ineligible to practice.
4.1.7. Any changes to the agreed secondment posts made under this clause 4.1 by either Party must be notified in writing, as soon as practicable, to the Representative of the other Party, and additionally, via telephone, if there is less than 5 working days notice.
4.1.8. The Parent Hospital will make all efforts to recruit Doctors with suitable skills and experience for the secondment posts.
4.1.9. The Parent Hospital will ensure that all Doctors are registered with AHPRA.
4.1.10. The Parent Hospital will ensure that the Seconded Doctors have either: Australian citizenship, Australian permanent residency or a relevant working visa.
4.1.11. The Parent Hospital will advise the Seconded Doctors if a Working with Children Check or any additional specifics are required. Each secondment post will be recruited for the full clinical year unless specifically indicated otherwise.
4.1.12. Should the Secondment Hospital require specific conditions or credentials not routinely required by the Secondment Hospital for the secondment posts, the Secondment Hospital must advise the Parent Hospital by 1 July in each year preceding recruitment for the following year.
Obligations of the Secondment Hospital
4.1.13. The Secondment Hospital will provide the specific details of each secondment post to the Parent Hospital by 1 July in the year preceding the Secondment to ensure each Doctor assigned to a secondment post meets the anticipated training requirements. These details will include the designated unit and role, the accreditation status of the post (from PMCV or College), and the nominated supervisor of training.
4.1.14. If the Secondment Hospital wishes to vary the standard employment arrangements for the secondment posts under clauses 4.1.1 or 4.1.3, it will provide a written request to the Parent Hospital for the number of equivalent full time (EFT) positions and potential classifications available at the Secondment Hospital, and any specific requirements for these secondment posts (including whether or not they are accredited training positions) by 1 July in the year preceding the relevant Secondments. The Secondment Hospital must advise the Parent Hospital in writing if it requests any new posts for the following year.
4.1.15. Whilst the Parent Hospital will provide staff suitably qualified Doctors in accordance with clauses 4.1.8, 4.1.9 and 4.1.10, the Secondment Hospital is responsible for credentialing the individual Doctors assigned to each secondment post to ensure its own satisfaction with the adequacy of the individual’s scope of practice, skills and ability for the posts at its hospital.
4.1.16. The Secondment Hospital is responsible for:
I. providing suitable work facilities and accommodation for all Seconded Doctors on rotation in accordance with the DIT Agreement.
II. The notification of any changes to rostering arrangements that could lead to potential overpayment of Seconded Doctors including leave entitlements;
4.2. Leave Arrangements
Annual and conference leave
4.2.1. All applications for annual leave and conference leave for Seconded Doctors will be made to the Parent Hospital in accordance with the policies and using the forms approved by the Parent Hospital (refer to Appendix 3). The applications will be managed and covered by the Parent Hospital and Doctors will be encouraged, as often as practicable, to take leave whilst they are working at the Parent Hospital sites, although this cannot be guaranteed.
4.2.2. The Parent Hospital will generally only approve applications for leave if cover is planned to be available, or if the Secondment Hospital agrees that no cover will be required. Cover for such approved annual and conference leave is the responsibility of the Parent Hospital. Such leave shall be approved by the Parent Hospital and the Parent Hospital will pay the Doctor directly.
4.2.3. The Secondment Hospital will pay the Parent Hospital in accordance with the following calculations in order to contribute to the annual and conference leave entitlements of the Seconded Doctor. The Parent Hospital will invoice the Secondment Hospital for leave (annual and conference) each pay as a percentage of each ordinary hour of pay at the hourly rate of the Seconded Doctor including the hourly rate for Continuing Medical Education (CME) allowance, at the rate of 6 weeks per year
The calculation for 1.0 EFT will be (pro-rata as applicable):
I. Annual Leave – five weeks at the adjusted weekly rate (as per clause 45.4b of DIT Agreement) for the agreed position provided (as per item 4 of Schedule 1 and item 2 of Schedule 2);
II. Conference Leave – one week at the base weekly rate for the agreed position provided (as per item 4 of Schedule 1).
Examination leave
4.2.4. Applications for examination leave by Seconded Doctors are to be made to the Secondment Hospital which will only approve such leave in consultation with the Parent Hospital.
I. Using “Method 1 – Secondment Hospital pays Secondee” provisions as per Clause 5.1, the Secondment Hospital will pay the Secondee for the examination leave. Approval and the provision of cover is the responsibility of the Secondment Hospital. The Secondment Hospital is to notify the Parent Hospital of any approved Examination Leave so that the Seconded Doctor’s records can be accurately reconciled at the Parent Hospital.
II. Using “Method 2 – Parent Hospital pays Secondee” provisions as per Clause 5.1, the Parent Hospital will pay the Secondee for the examination leave and will recover associated costs as per Clause 5.2. Approval and the provision of cover is the responsibility of the Secondment Hospital.
Sick leave
4.2.5. Seconded Doctors will be required to notify the Secondment Hospital if they take any sick leave. The Secondment Hospital is required to notify the Parent Hospital to enable the Parent Hospital to accurately reconcile the Seconded Doctor’s records.
4.2.6. With the exception of Excessive Sick Leave the Secondment Hospital will cover and pay all sick leave up to the individual Doctor’s total entitlement when the Doctor is working at their site. At the conclusion of each Secondment, the Secondment Hospital will provide the Parent Hospital with a certificate of service identifying sick leave usage, which will be deducted from the Seconded Doctor’s leave entitlements by the Parent Hospital (refer Appendix 4).