Salaried Officers Mayne Diagnostic Imaging (Joondalup)

Western Australian Enterprise Agreement 2003

No. AG 242 of 2003

1

1.TITLE

This Agreement shall be known as the Salaried Officers Mayne Diagnostic Imaging (Joondalup) Western Australian Enterprise Agreement 2003 (“the Agreement”).

2.AGREEMENT TO BE DISPLAYED

All existing and new employees will be provided with a copy of the Agreement. The Agreement shall be displayed within Diagnostic Imaging at Joondalup Health Campus.

3.ARRANGEMENT

  1. Title
  2. Agreement to be Displayed
  1. Arrangement
  2. Parties
  3. Area and Scope
  4. Term of Agreement
  5. Replacement
  6. Definitions
  7. Relationship to Award
  8. Objectives, Principles and Commitments
  9. Productivity Initiatives
  10. Casual Employees
  11. Part-time Employees
  12. Contract of Service
  13. Hours
  14. Meal Break
  15. Overtime
  16. Shift Work
  17. On Call and Recall
  18. Public Holidays
  19. Annual leave
  20. Sick Leave
  21. Special Personal/Carers’ Leave
  22. Long Service Leave
  23. Overpayments
  24. Bereavement Leave
  25. Parental Leave
  26. Introduction of Change
  27. Redundancy and Redeployment
  28. Workplace Consultation
  29. No Further Claims
  30. No Reduction
  31. Review of Contracted Hours
  32. Study Leave
  33. Higher Duties
  34. Notices
  35. Superannuation
  36. Jury Service
  37. Classifications and Salaries
  38. Motor Vehicle Allowance
  39. Uniforms and Laundry
  40. Dispute Settlement Procedure
  41. Counseling/Disciplinary Procedures
  42. Confidentiality
  43. Signatories to Agreement

4.PARTIES

The parties to this agreement are Mayne Group Limited ACN 004 073 410 trading as Mayne Diagnostic Imaging (‘the employer’) and the Hospital Salaried Officer’s Association of Western Australia (Union of Workers) (‘the Union’).

5.AREA AND SCOPE

This Agreement shall apply to all employees eligible for membership of the Union and employed by Mayne Diagnostic Imaging at Joondalup Health Campus.

It is estimated that there will be thirty-four (34) employees who will be bound by the Agreement upon registration.

6.TERM OF AGREEMENT

This Agreement shall operate from the date of registration until 1 July 2004.

7.REPLACEMENT

(1)Notwithstanding the provisions of Clause 6 - Term of Agreement, this Agreement shall continue to operate until it is replaced by a new Agreement.

(2)The parties agree to commence negotiations three months prior to the expiration of this Agreement with the objective of having a further Agreement finalised by the expiration of the term of this Agreement.

(3)Provided that:

(a)the parties may agree to vary or cancel the Agreement in accordance with the provisions of the Industrial Relations Act, 1979.

(b)The parties shall review the Agreement should, as a result of movements in award rates of pay, the total wage prescribed by this Agreement for any classification fall below the relevant award safety net. Any such review shall be conducted in accordance with the State Wage Fixing Principles in operation at the time.

(4)The employer will allow employees involved in negotiations for a new agreement reasonable paid time to fulfill their responsibilities in this process, including training, provided that operations shall not be unreasonable affected.

8.DEFINITIONS

“Salaried Officer” means an employee who is engaged in a professional, administrative, supervisory, technical or clerical capacity.

9.RELATIONSHIP TO AWARD

This Agreement shall be read and interpreted as a single, stand alone document and shall operate to the exclusion of any award.

Provided that where there is any disagreement the parties shall be guided by the Health Services Union of Australia (Private Radiology – Victoria) Award 1993 or, if it is not appropriate to do so, the parties will discuss the matter in accordance with Clause 42 Dispute Settlement Procedure of this Agreement.

10.OBJECTIVES, PRINCIPLES AND COMMITMENTS

(1)The parties agree that the objectives of this Agreement are to:

(a)improve the productivity and efficiency of Mayne Diagnostic Imaging (Joondalup);

(b)facilitate greater decentralisation and flexibility in negotiating employment conditions and work arrangements at Mayne Diagnostic Imaging (Joondalup);

(c)ensure high quality patient services in a safe, healthy and equitable work environment;

(d)ensure high quality of employment and jobs; and

(e)provide a pathway to providing a wage increase to employees based upon the achievement of improved productivity and efficiency.

(2)By:

(a)ensuring that gains achieved through agreed improved productivity and changes in workplace culture are shared by employees, Mayne Diagnostic Imaging (Joondalup) and its clients;

(b)developing and pursuing changes on a co-operative basis; and

(c)ensuring that Mayne Diagnostic Imaging (Joondalup) operates as effectively, efficiently and competitively as possible.

11.PRODUCTIVITY INITIATIVES

The parties agree to focus on the following areas of the business and implement the following initiatives during the life of the Agreement to improve the overall performance of Diagnostic Imaging.

(1)Key Areas of the Business

These are:

(a)Staff education

  • review orientation and structure it to meet objectives at business and job specific levels
  • implement a formal, structured approach to education and staff development based on needs analysis
  • develop an appropriate skills mix for optimum service delivery
  • ensure that all staff are kept aware of day to day matters and how the business functions
  • introduce skill and knowledge sharing at all levels and mentoring at higher levels of competency

(b)Review and improvement of protocols and procedures

  • target key practices and update protocols and procedures to ensure they are current, effective and easy to follow
  • implement new, improved protocols immediately
  • introduce a system for regular review and updating
  • designate a central area for storage and access to protocols and work procedures

(c)Team building

  • strengthen the positives of the current unit
  • encourage participation in the running of the business
  • see Clause 30 Workplace Consultation of this Agreement

(d)Introduction of a new classification structure and career path

  • introduce into the Agreement a competency based classification structure that allows for flexibility and multi-skilling
  • develop competency assessment forms to detail the competencies required at each level of the classification structure and implement by September 2003.
  • revise job descriptions accordingly
  • review skills mix and staffing levels to ensure they are appropriate for service delivery

(2)Specific Productivity Initiatives

In addition to the initiatives outlined for key areas of the business, these are:

(a)Productive utilisation of down time by staff, provided that patient services are not delayed, including:

  • equipment maintenance and cleaning in accordance with the programmed basic maintenance schedule
  • cleaning, tidying and ensuring that rooms are well presented
  • self allocation to CT and other procedures to assist, including doing the running
  • timely return of patients to changing or waiting areas in order to commence the next patient; assisting other staff with this task when time permits
  • assisting with the movement of patients to and from the hospital.

(b)Ensuring that CT’s are protocoled at the start of shift, before the case load commences.

(c)Utilisation of the screening room for general x-ray patients to increase the flow of patients.

(d)Billing – radiographers are to provide accurate and complete billing at the point of data entry and at procedure completion to eliminate or minimise current errors and oversights in patient billing

(e)Staff are to adopt uniform protocols and procedures to realise efficiencies and provide better services

(3)Productivity Measures and Targets

The following measures shall be used to provide management and staff with objective feedback on Diagnostic Imaging’s performance during the life of this Agreement.

(a)Staff retention rates

Base line:15% per year attrition rate

Target:8% attrition rate over life of the Agreement

(b)Rate of patient throughput

Base line:3,380 per month average

Target:5% increase in throughput over life of the Agreement

12.CASUAL EMPLOYEES

(1)"Casual Employee" shall mean an employee engaged by the hour with no guarantee of continual or additional employment. A casual shall not be continuously rostered for a period exceeding one month.

(2)Casual employees are to be advised by the employer of their employment conditions prior to being engaged.

(2)A casual employee shall be paid one seventy-sixth of the ordinary fortnightly rate of salary prescribed for the class of work for which he/she is engaged for each hour worked, plus 20% additional loading.

13.PART-TIME EMPLOYEES

(1)(a)Notwithstanding anything contained in this Agreement an employee may be regularly employed to work less hours per week than are prescribed in Clause 15. Hours, and such hours may be worked in less than five days per week.

(b)Where a part-time employee has previously indicated in writing a willingness to work extra hours and/or extra shifts, the employee may work up to 76 hours per fortnight at ordinary rates of pay subject to the ordinary overtime parameters.

(c)The indication given by the employee to work extra hours/shifts may be withdrawn at any time, prior to working extra hours/shifts.

(d)The employee shall not be required to work extra hours/shifts and such refusal is without prejudice to the employee.

(e)An employee shall not be required to agree to make themselves available to work additional hours/shifts.

(2) Part-time employees shall be paid at a rate pro-rata to the rate prescribed for the class of work for which they are engaged in the proportion to which their fortnightly hours bear to 76 hours per fortnight.

(3) Part-time employees shall be entitled to the same leave, penalties and other conditions as prescribed in this Agreement for full-time employees, with payment being in the proportion to which their fortnightly hours bear to 76.

(4) A part-time worker shall accrue service towards progression onto subsequent salary increments within a salary level, on a pro-rata basis of the number of hours worked to full time hours.

(5) Provided that relevant prior service and experience shall be taken into account when determining at what increment within a specified salary level a part-time employee is appointed.

14.CONTRACT OF SERVICE

(a)The contract of service shall be by the fortnight in the case of clerical and technical employees and by the month in the case of other employees, provided that the contract of service shall be by the hour in the case of casual employees.

(b)The contract of service may be terminated by either party giving the required period of notice in writing and the contract shall expire at the end of that period of notice or by payment or forfeiture, as the case may be, of salary in lieu of notice.

(c)If an employee fails to give notice the employer shall have the right to withhold monies due to the employee with a maximum amount equal to the ordinary time rate of pay for the period of notice.

(d)The period of notice in this clause shall not apply in the case of dismissal for serious misconduct.

(e)The employer may direct an employee to carry out such duties as are within the limits of the employee’s skill, competence or training.

15. HOURS.

(1)The ordinary hours of work shall be an average of thirty eight (38) hours per week and will not exceed ten (10) hours in any day or one hundred and fifty two (152) hours in a four (4) week settlement period.

(2)The hours of work shall be worked in one of the following ways:

(a)38 hours per week, to be arranged in order that an employee shall not be required to work his/her ordinary hours on more than five days in one week; or

(b)76 hours per fortnight, to be arranged in order that an employee shall not be required to work his/her ordinary hours on more than ten days in the fortnight; or

(c)152 hours per 28 calendar days, to be arranged in order that an employee shall not be required to work his/her ordinary hours on more than 20 days in the cycle.

(3)Other Working Arrangements

(a)The ordinary hours of duty observed may be varied so as to make provisions for:

(i)the attendance of employees for duty on a Saturday, Sunday, or Public Holidays;

(ii)the performance of shift work including work on Saturdays, Sundays or Public Holidays;

(iii)employees may be rostered to work six consecutive days in a cycle; and

(iv)the nature of the duties of an employee or class of employees in fulfilling the responsibilities of their office;

(v)provided that where the hours of duty are varied an employee shall not be required to work more than five hours continuously without a break, unless agreed in writing between the employee and the employer.

(b)Notwithstanding the above where it is considered necessary to provide a more economic operation, the employer may authorise the operation of alternative working arrangements in the Mayne Diagnostic Imaging (Joondalup).

The continuing operation of any alternative working arrangements, so approved, will depend on the employer being satisfied that the efficient functioning of the employer is being enhanced by its operation.

Such alternative working arrangements shall be in accordance with subclause (1).

(4)The spread of ordinary hours shall be between 6.00 a.m. and 6.00 p.m.

(5)There will be a minimum 9.5 hour break between finishing work on one day and commencing work on the next day.

(6)Banking of Hours

Where a rostered shift is extended by agreement or an additional shift is worked above contracted hours the employee may choose to –

(a)bank the additional hours, beyond 38 hours per week (meaning that the employee will be in credit); or

(b)be paid the additional hours beyond 38 hours per week, at the appropriate overtime rate.

(c)a full time or part time employee may, by agreement with the employer:

  1. work less than their daily, weekly or fortnightly rostered or contracted hours and work those hours at a later date; or
  2. work more than their daily, weekly or fortnightly rostered or contracted hours and take time off in lieu of payment, or may set off the additional hours worked against any owing
  3. an employee who works less than their rostered or contracted hours shall be paid as if those hours had been worked during the relevant period
  4. an employee who works more than their rostered or contracted hours shall receive payment for any weekend or shift penalties that would otherwise have been due for that extra time worked.
  5. time debited or credited under these arrangements shall all be at ordinary time, ie. an hour for an hour.
  6. an employee may not have more than 24 hours in debit or credit at any point in time. Banked hours will be cleared by mutual agreement between the employee and management
  7. employees who have hours in debit must be given first option to work additional hours.
  8. the employer must keep detailed records of all hours credited and debited to employees under these arrangements. Employees must have full access to these records.
  9. on termination of employment the employer must pay the employee for all hours in credit and may deduct from termination pay the value of any hours in debit.
  10. either party shall have the right to terminate an agreement under this clause with two weeks notice.

16.Meal Break

(1)Except for one meal break of up to one hour each day as agreed between management and the employee concerned, all time from the time of commencing until the time of finishing duty each day shall be computed as ordinary working time.

(2)Where an employee is required by the employer to work through a meal break that time shall be counted as time worked.

17.OVERTIME

(1)Subject to the provisions of subclause (4) of this clause and, except as provided in subclause (2) and (3) of this clause, all time worked at the direction of the employer outside an employee’s ordinary working hours shall be paid for at the rate of time and a half for the first three hours and double time thereafter, provided that overtime rates shall not apply until after eight (8) ordinary hours have been worked on each day.

(2)Subject to the provisions of subclause (4) of this clause all time worked at the direction of the employer outside an employee’s ordinary working hours on any day between midnight and 6.00 a.m. or on a Saturday after 12.00 noon or on a Sunday shall be paid for at the rate of double time.

(3)Subject to the provisions of subclause (4) of this clause all time worked at the direction of the employer outside an employee’s normal hours of work or ordinary hours in the case of a shift worker on a public holiday observed in accordance with Clause 20. Public Holidays, shall be paid at the rate of double time and a half of the ordinary time rate or at time and one half with another mutually agreed day observed without loss of pay, in lieu.

(4)Subclauses (1), (2) and (3) and of this clause shall not apply in respect of any day on which the time worked, in addition to the ordinary hours, is less than thirty minutes.

(5)In lieu of payment for overtime an employee, on request, may be allowed time off proportionate to the payment to which he/she is entitled but if he/she so requests in writing he/she shall be allowed such time off up to a maximum of five days in each year of service. Time off shall be taken at a time convenient to the employer.

(6)Payment for overtime shall be computed on the rate applicable to the day on which the overtime is worked which shall include any loading for afternoon or night shift, provided that with the exception of overtime worked on public holidays the maximum rate payable shall not exceed double the ordinary time rate.