2005 WAIRC 01716
Health Services Union Metropolitan Health Services Multisystemic Therapy Program Agreement 2005
PSAAG 11 of 2005
1.Title
This Agreement is known as the Health Services Union Metropolitan Health Services Multisystemic Therapy Program Agreement 2005.
2.Arrangement
- Title
- Arrangement
- Definitions
- Purpose of Agreement
- Purpose and Structure of the MST Program
- Application and Parties Bound
- Term of Agreement
- Contract of Service
- Hours
- Availability
- Overtime
- Award and Principal Agreement Excluded
- Salaries
- MST Entitlements
- Dispute Settlement Procedure
- Signature of Parties
3.Definitions
a)“Aboriginal and Torres Strait Islander Specialist” means a MST Clinician employed within the MST program who meets the essential “Aboriginality” selection criteria permissible under Section 50(d) Equal Opportunity Act 1984.
b) “Award” means the Hospital Salaried Officers Award No 39 of 1968.
c) “Employees” means employees employed in one of the following positions:
- MST Clinician;
- MST Clinician (Clinical Psychologist);
- MST Clinician (Aboriginal and Torres Strait Islander Specialist); or
- Clinical Manager MST.
d) “Employer” means the Minister for Health in his incorporated capacity under section 7 of the Hospitals and Health Services Act 1927 (WA) as the Hospitals formerly comprised in the Metropolitan Health Service Board and as further defined in Clause 6.1 b) (i) and (ii).
e) “MST Program” refers to the Multisystemic Therapy Program.
f) “New Employee” for the purpose of Clause 8 means an employee who immediately prior to engagement under this Agreement was not employed in a permanent capacity by the Western Australian Government Health Industry.
g) “MST Clinician (Clinical Psychologist)” means a MST Clinician employed within the MST program who is a Psychologist eligible for registration with the Psychology Board of Western Australia with the specialist psychologist title of a Clinical Psychologist.
h) “Principal Agreement” means the Health Services Union – Department of Health- Health Service Salaried Officers State Industrial Agreement 2004 or replacement agreement.
i) “Union” and/or “the HSU” means the Health Services Union”.
4.Purpose of Agreement
4.1This Agreement has been developed and negotiated in good faith and is based on advice and information from overseas MST Units. There is insufficient experience in Australia of the MST Program for comparative purposes.
4.2This Agreement provides for the employment arrangements of the Western Australian Multi Systemic Therapy Program (MST Program) to be run by the South Metropolitan Area Health Service as a unit of the Metropolitan Health Services.
4.3The Agreement provides an agreed framework of appropriate remuneration and conditions and allows sufficient flexibility to allow MST Clinicians and Clinical Managers (MST) to meet the requirements of the MST Program, in particular the needs of MST clients. The flexibility is to be provided within clear limits on the overall hours to be worked, ongoing access to fundamental benefits including leave, holidays, private time off and adequate control, direction and supervision by the employer.
4.4This unique framework of remuneration and conditions has been developed to specifically provide for the characteristics, purpose and structure of the MST Program that has no comparator in Australia. Therefore, subject to the Industrial Relations Act 1979, this Agreement cannot be used as a precedent for classification levels, remuneration, or for any purpose other than within the MST Program.
- Purpose and structure of the mst program
5.1The purpose of the MST Program is to provide a family and community based treatment for youths presenting with serious clinical problems on a 24 hour, 7 day a week service. The program is usually delivered in the families’ homes and/or the local community with tailored treatment programs designed incollaboration with the families to suit the needs of that particular family.
5.2The MST Program involves the collaboration of agencies which have a legal mandate in the care and treatment of clients.
5.3The MST program is granted under licence from the “MST Services Inc.” in the USA, which will provide training, quality assurance monitoring and supervisory support in the implementation of the MST Program in Western Australia.
5.4The MST Program is comprised of a number of autonomous teams. Each team consists of three to six MST clinicians and one Clinical Manager MST.
5.5Each MST team is provided with administrative and management support staff who are employed under the Award and the Principal Agreement.
6.APPLICATION and parties bound
6.1Parties bound by this Agreement are the:
a)Health Services Union; and
b)Minister for Health in his incorporated capacity under section 7 of the Hospitals and Health Services Act 1927 (WA) as the Hospitals formerly comprised in the Metropolitan Health Services Board
(i)The Director General of Health is the delegate of the Minister for Health in his incorporated capacity under section 7 of the Hospitals and Health Services Act 1927 (WA). In this capacity the Director General acts as the “Employer” for the purposes of this Agreement.
(ii)If the Director General of Health onwards delegates any capacity to act as the “Employer” to a Chief Executive Officer of a Health Service or to any other office holder, the Director General of Health will inform the Union in writing of the terms of the delegation. An office holder who acts in accordance with the terms of the delegation from the Director of Health shall be deemed to have acted as the “Employer” for the purposes of this Agreement.
6.2This Agreement is read in conjunction with the Award and the Principal Agreement.
6.3The parties agree that this Agreement does not cancel the Principal Agreement but only varies the specific terms and conditions that are identified in this Agreement for those employees who are in the positions identified in clause 6.5.
6.4Unless stated otherwise, any inconsistency between this Agreement and the Award, and/or the Principal Agreement, this Agreement takes precedence.
6.5This Agreement provides for terms and conditions of employment only for employees covered by the Hospital Salaried Hospitals Award No 39 of 1968 and who are employed in the positions of MST Clinician; MST Clinician (Clinical Psychologist); MST (Aboriginal and Torres Strait Islander Specialist) and Clinical Manager MST.
6.6The parties agree that positions of MST Clinician; MST Clinician (Clinical Psychologist); MST Clinician (Aboriginal and Torres Strait Islander Specialist) and Clinical Manager MST, created under this agreement shall not be included in the review of Specified Callings being conducted pursuant to Application P18 of 2003. These positions will be subject to review following the determination and implementation of P18 of 2003. The effective date of any classification change resulting from such review will be the date of creation of the position/s.
6.7The estimated number of employees covered by this Agreement at the date of registration is 10.
7.Term of Agreement
7.1This Agreement shall operate from the date of registration until it expires on 30 June 2006.
7.2The parties to this Agreement agree to open negotiations for a further Agreement, no later than three months prior to the expiry of this Agreement.
8.CONTRACT OF SERVICE
8.1This clause replaces Clause 8. - Contract of Service of the Award and Clause 10. - Contract of Service of the Principal Agreement in their entirety.
8.2All new employees appointed to the position of MST Clinician, MST Clinician (Clinical Psychologist), MST Clinician (Aboriginal and Torres Strait Islander Specialist) or Clinical Manager MST shall be on probation for a period of six (6) months.
8.3At any time during the period of probation the employer may annul the appointment and terminate the service of the employee by the giving of two weeks’ notice.
8.4At any time during the period of probation the employee may resign by giving two (2) weeks’ notice.
8.5A lesser period of notice may be agreed, in writing between the employer and the employee.
8.6On the completion of six months’ employment the period of probation may be extended for a further and final period of three months at the discretion of the employer. The provisions of clause 8.3, 8.4 and 8.5 still apply during the period of probation.
8.7Where an employee’s period of probation has been extended for a further period of three months, the employer shall prior to the conclusion of the initial period of probation notify the employee in writing of the extension and provide justification for the extension of probation.
8.8An employee shall not be deemed to be employed by the month until he/she has completed his/her probationary period or extended probationary period of employment as the case may be.
8.9At the end of the second probationary period the employer shall:
a)terminate the contract of service forthwith by one month's notice given in writing or by the payment of an amount equal to one month's salary; or
b)confirm the ongoing employment of the employee by the month; or
should the employer fail to act in accordance with the provision of paragraphs (a) or (b) of this sub clause the contract of service shall be deemed to be by the month and ongoing.
8.10An employee whose contract of service is by the month may terminate the contract of service by one month's notice given in writing on any day or the forfeiture of an amount equal to one month's salary provided that, a lesser period of notice may be agreed, in writing, between the employer and the employee concerned.
8.11Subject to the provisions of this clause and to the laws and procedures relating to termination of employment, the employer may terminate the contract of service of any employee, by one month's notice given in writing on any day but only if –
a)the employer has followed the disciplinary procedure in accordance with Clause 27(3)- Dispute Settlement Procedures of the Award; and
b)is satisfied that:
i)the employee’s performance is substandard;
ii)the employee has committed a breach of discipline;
iii)on the basis of medical evidence, the employee does not have the capacity to continue to carry out the duties of his/her position; or
iv)the position occupied by an employee is no longer considered necessary and there is no suitable alternative employment available.
8.12The provisions of this clause do not affect the employer's right to dismiss an employee without notice for serious breach of discipline and in such a case the salary of the employee shall be paid up to the time of dismissal only.
8.13For the purposes of this clause, the performance of an employee is substandard if and only if the employee does not, in the performance of the functions that he or she is required to perform, attain or sustain a standard that a person may reasonably be expected to attain or sustain in the performance of those functions.
8.14For the purpose of this clause an employee who-
(b)disobeys or disregards a lawful order;
(c)commits an act of misconduct; or
(d)is negligent or careless in the performance of his or her functions,
commits a breach of discipline.
8.15.Where an employer considers that a position occupied by an employee is no longer necessary and no other employment is available to that employee the Union shall be notified in writing to that effect.
8.16The Union may, within seven days of the date upon which that notification is given, request the employer to review that decision. Where an agreement is not reached in discussion between the employer and the Union the contract of service may be terminated in accordance with the provisions of clause 8.12.
8.17Where the employer seeks to terminate the services of an employee in accordance with clause 8.11 and 8.12, the employer shall upon written request supply to the employee, a written statement setting out the full details of the incident, circumstance, event or matters upon which the employer based their decision. Each statement shall be supplied within seventy-two hours of receipt of the request.
8.18Performance Management System
a)All employees shall be subject to a Performance Management System.
b)The Performance Management System will include the Quality Control System used by MST Services Inc. to assess whether the employee adheres to the MST model, assessment through regular supervision sessions and as otherwise determined by the Employer.
c)Where substandard performance is identified it shall be dealt with in accordance with Clause 27(3) of the Award.
9.HOURS
9.1This Clause replaces Clause 13 - Hours of the Award and Clause 16 - Hours of the Principal Agreement in their entirety.
9.2The ordinary full-time hours of work shall be thirty-eight (38) hours per week averaged over a four (4) week cycle.
9.3The ordinary hours of 38 hours can be worked on any of the seven days of the week.
9.4The total hours worked shall be a maximum of twelve (12) hours on any one day. A day is defined as a 24-hour period from midnight to midnight.
9.5Except where required to attend Departmental, management and team meetings, professional development sessions, supervisory sessions and training or other meetings determined appropriate by the employer, the hours worked by employees shall, in consultation with supervisors, be self managed.
9.6Employees are required to maintain a written or electronic record of all hours worked in a form acceptable to the employer to be submitted to the employer on a regular basis or as directed.
9.7Settlement Period
a)The average ordinary hours of duty shall cover a rolling settlement period of four weeks. The settlement period shall commence at the beginning of a pay period.
b)At the end of a the four week period, where an employee has worked over 152 hours, with the approval of the employer the employee may accrue and carry over up to a maximum of 16 hour credit into the next four week period.
c)Credit hours in excess of 16 hours shall be lost provided that where the employer directs an employee to work additional hours such additional hours will be deemed authorised overtime and paid accordingly.
d)Debit hours, which are hours below the 152 hours per four weeks, to a maximum of 8 hours may be accrued and carried forward with the approval of the employer.
e)Where an employee’s debit hours exceed 8 hours, the employer may:
i)debit those hours in excess of 8 hours from the employee’s pay as if the time was leave without pay; or
ii)the employee may be required to work additional hours at ordinary rates in order to reduce the debit to 8 hours.
iii)Whether or not to allow an employee to accrue more than 8 debit hours during a settlement period is entirely at the discretion of the employer.
9.8Meal breaks will not count as hours worked.
9.9Adjustment of termination pay
If at the termination of an employee the employee has credit hours, the time in credit will be paid out at ordinary time rates; or should the employee have accrued debit hours, the employer may deduct the debit, calculated at ordinary time rates, from the employee’s termination pay.
10.AVAILABILITY ROSTER
10.1“Availability” means that employees are to provide a consultative service or attend to emergency call outs during the hours when they would not otherwise be on duty.
10.2All employees are required to participate in an Availability Roster (roster).
(a)In the case of the roster for Clinical Managers MST, the roster is to be determined between the Clinical Managers MST and authorised by the Program Manager or other designated supervisor.
(b)In the case of the MST team roster, the roster is to be determined within the MST team and authorised by the Clinical Manager or other designated supervisor.
(c)Participation in the MST team roster is to be equitably shared amongst the MST clinicians. Unless otherwise agreed between the employer and the relevant employees, the MST team roster will be shared amongst a minimum of three MST clinicians.
(d)It is the responsibility of employees to ensure that their absence on annual leave is covered by the roster.
10.3 Where the employer determines the means of contact is to be by telepage, mobile telephone or similar device the employer shall supply such device to the employee at no cost to the employee.
10.4Whilst an employee is rostered for availability, the employee shall remain contactable and able to respond appropriately if and when contacted.
10.5The number and duration of contacts whilst on availability roster will be monitored by the relevant Clinical Manager MST. In the event the workload becomes onerous then the work practices will be reviewed and adjusted where necessary.
10.6Emergency call-outs are to be authorised by a Clinical Manager (MST) in accordance with any authorised policies and procedures prior to attendance.
10.7An employee will receive time in lieu for authorised emergency call-outs of three or more hours duration. Time in lieu to be calculated on a time for time basis. A call-out is deemed to commence from the time of the employee’s arrival at the call-out.
11.OVERTIME
11.1This Clause replaces;
a)Clause 14. - Overtime of the Award; and
b) Clause 17 - Overtime and subclause (5) of Clause 22 - Public Holidays of the Principal Agreement
in their entirety.
11.2An employee shall be paid at the base salary rate of time and half for the first three hours and double time thereafter for time worked at the direction of the employer:
a)in excess of the sixteen hour credit from one settlement period to another; or
b)in excess of 12 hours on any one day
Provided that for overtime worked in excess of the circumstances identified at (a) and (b) above on a Saturday or Sunday will be paid at the rate of double time.
11.3In lieu of payment for overtime an employee may on request in writing be allowed time off proportionate to the payment to which the employee is entitled to a maximum of five days in each year of service. Time off shall be taken at a time convenient to the employer.
12.AWARD AND PRINCIPal AGREEMENT PROVISIONS EXCLUDED
12.1The following clauses in the Award do not apply to employees covered by this Agreement:
a)Clause 15 – Meal Money;
b)Clause 23 – Travelling Time; and
c)Clause 28 – Shift Work.
12.2The following clause in the Principle Agreement does not apply to employees covered by this Agreement:
a) Clause 19 – Shift Work.
12.3Employees covered by this Agreement are not engaged as shift workers.
13.SALARIES
13.1The classification levels for employees bound by this Agreement are as follows:
a)MST ClinicianLevel 7
b)MST Clinician (Aboriginal and Torres Strait Islander Specialist)Level 7
c)MST Clinician (Clinical Psychologist)Level 7.3 / 9.2
d)Clinical Manager MSTLevel 10
13.2The annual salaries for MST Clinicians, MST Clinicians (Aboriginal and Torres Strait Islander Specialist) are as applies for the corresponding classification levels prescribed under the Award and/or Principal Agreement as varied from time to time.