2005 WAIRC 00279
ST John of God Health care Subiaco maintenance Agreement 2004
AG 288 of 2004
CONTENTS
Page
1. Parties 1
2. Area and Scope 1
3. Term 1
4. Replacement 1
5. Interpretation 2
6. Classification Structure 3
7. Duties 3
8. Separation 3
9. New Caregivers 5
10. Time not worked 5
11. Stand Down 5
12. Relief at other Locations 5
13. Confidentiality 6
14. Part-time 6
15. Casual 6
16. Hours 7
17. Overtime 8
18. On-call 9
19. Meal and Meal Hours 9
20. Higher Duties 10
21. Wages 10
22. Payment of Wages 14
23. Salary Packaging 15
24. Shift Work 16
25. Calculation of Penalties 17
26. Laundry and Uniforms 17
27. Fares and Motor Vehicle Allowances 17
28. Superannuation 18
29. Annual Leave 18
30. Public Holidays 20
31. Sick Leave 21
32. Long Service Leave 22
33. Parental Leave 23
34. Bereavement Leave 28
35. Training Leave 29
36. Time Off Without Pay 29
37. Introduction of Change and Redundancy 29
38. Time and Wages Record 32
39. Interviews 33
40. Notices and Copy of Agreement 33
41. Dispute Settlement 34
42. Workplace Representatives 34
43. Protective Equipment 35
44. Sickness and Accident Income Protection Plan 35
45. Deferred Salary Scheme 35
Signatories to Agreement 37
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2005 WAIRC 00279
ST JOHN OF GOD HEALTH CARE SUBIACO
St John of God Health Care Subiaco is committed to the dignity and worth of each person. We believe that work is a major forum in which we express and develop our dignity and grow towards fullness in human living.
We believe that conditions of work must be such that each person has the freedom and resources needed for growth and development towards wholeness.
St John of God Health Care Subiaco is committed to the development and maintenance of an organisational culture that is person focused, committed to the Christian ministry of healing, and to the processes of Quality Caring.
St John of God Health Care Subiaco has an organisational culture that promotes, encourages and facilitates individual and organisational growth and development towards quality service provision. It allows for flexibility and mutuality in the arrangements of working conditions.
It is a culture that leads to greater job satisfaction and ever improving quality of patient care and services.
St John of God Health Care Subiaco will arrange conditions of employment, "Employment Relationships" in accordance with the following "Principles of Employment Relationships."
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2005 WAIRC 00279
PRINCIPLES FOR EMPLOYMENT RELATIONSHIPS
BASED ON FIDELITY TO OUR HERITAGE
1. Positive employment relationships are essential for the successful provision of health care. Recognition of the rights and duties of the hospital and each Caregiver are required for fairness and mutual accountability. [Justice]*2. The work of all Caregivers is valued equally in the Mission and operation of the System. (This includes the work of those who provide direct patient care and those whose work enables these hands-on Caregivers to function effectively.) [Respect]*
3. Behaviours in the workplace must demonstrate respect for the basic orientation of the Mission, Philosophy and Cultural Values of the hospital. [Respect]*
4. In decisions related to clinical provision of health care, the expert knowledge and experienced judgements of health care professionals are acknowledged in their individual areas of competency as we work in collaboration with each other. [Respect, Justice, Excellence]*
5. The hospital recognises the different cultures and faith traditions of our Caregivers. It respects and values these differences and strives to learn from the richness of this diversity. [Hospitality, Respect]*
6. Opportunities for employment, career development and other pathways to growth are open to all people competent for the positions available throughout the hospital. [Hospitality, Compassion, Respect, Justice and Excellence]*
7. The hospital recognises the right of Caregivers to form associations to engage in collective actions, to negotiate various benefits for their members and to work for a better society. This does not exclude the Caregivers right to choose individual negotiations when appropriate. [Respect, Justice]*
8. Decision making, planning and policy formation related to the work of Caregivers will be participative processes involving relevant stakeholders. Due processes are established to attend to grievances, injuries and other concerns. [Hospitality, Compassion, Respect, Justice and Excellence]*
9. Each Caregiver is expected to be committed to person centred care, to continual improvement of the quality of services and to the requirements of the hospital's Mission, Vision and Goals as described in their employment contracts. [Hospitality, Compassion, Respect, Justice and Excellence]*
10. Each Caregiver will be involved in ongoing learning. [Justice, Excellence]*
11. Caregivers are entitled to fair compensation for their work and they will share in the benefits of their work. [Hospitality, Justice, Excellence]*
12. Each Caregiver will contribute to quality patient care and to the common good of all by just and honest performance of the duties of their individual position. [Hospitality, Justice, Excellence]*
(* The Core Cultural Value(s) most relevant to each principle is noted in square brackets [ ].)
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2005 WAIRC 00279
CAREGIVER EMPLOYMENTAGREEMENT
Involvement in this Agreement results in mutual commitment to the following:
St John of God Health Care Subiaco:
1. The provision of fair employment conditions.
2. Maintenance of safe working environments.
3. Opportunities for growth and development for each Caregiver.
4. Resources to facilitate optimum work processes and quality of services.
5. Participation in continual improvement of all work processes.
6. Provision of information and training to enable each Caregiver to understand and fulfil his or her obligations under this Agreement and to apply safe work practices.
7. Non requirement of Caregiver to perform duties outside their competence.
8. Provision of a regular cycle of appraisal and review of performance and developmental needs.
9. Involvement of Caregivers as participants in the general functioning of the workplace.
Each Caregiver:
1. Provision of an honest day's work in accordance with the relevant Position Description.
2. Positive participation in the desired organisational culture of the hospital.
3. Involvement in learning that will facilitate personal and professional growth and development.
4. Observance of appropriate safety and security regulations.
5. Observance of the hospital's policies and procedures.
6. Participation in a regular cycle of appraisal and review of performance and developmental needs.
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2005 WAIRC 00279
1. PARTIES
The parties to this Agreement shall be St John of God Health Care Subiaco (“the Hospital”) a Division of St John of God Health Care Inc, the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union of Workers - Western Australian Branch, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Workers Union of Australia, Engineering and Electrical Division, WA Branch, the Plumbers and Gas Fitters Employees’ Union of Australia - West Australian Branch, Industrial Union of Workers and the Construction, Forestry, Mining and Energy Union of Workers.
2. AREA AND SCOPE
(1) This Agreement shall apply to all Caregivers eligible for membership of the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union of Workers - Western Australian Branch, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Workers Union of Australia, Engineering and Electrical Division, WA Branch, the Plumbers and Gas Fitters Employees’ Union of Australia – West Australian Branch, Industrial Union of Workers and the Construction, Forestry, Mining and Energy Union of Workers employed by the hospital in the classifications contained in Clause 21 - Wages of this Agreement throughout the State of Western Australia.
(2) It is estimated that the number of Caregivers who will be bound by this Agreement is 12.
3. TERM
(1) The term of this Agreement shall be from the date of registration until 31 August 2007.
(2) The parties agree to commence negotiations towards a new agreement in sufficient time to have the agreement finalised prior to the expiry date referred to in subclause (1).
4. REPLACEMENT
(1) This Agreement cancels and replaces the St John of God Health Care Subiaco Maintenance Agreement 2000 (AG 297 of 2003).
(2) Notwithstanding the provisions of Clause 3 – Term of this Agreement, this Agreement shall continue to operate until it is replaced by a new Agreement.
(3) Provided that:
(a) the parties may at any time 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 that time.
5. INTERPRETATION
In this Agreement;
(1) "casual" means a Caregiver engaged and paid as such;
(2) "day worker" means a Caregiver appointed as such. Other than by agreement between the hospital and Caregiver concerned the ordinary hours of duty of a day worker may only be worked between 6am and 6 p.m. Monday to Friday inclusive.
(3) "shift worker" means a Caregiver appointed as such. The ordinary hours of work of a shift worker may be worked on any day of the week Monday to Sunday inclusive.
(4) "continuous shift Caregiver" means a Caregiver who is required to work ordinary hours of duty in accordance with a roster where the Caregiver is rostered for duty over seven days of the week, and is required to work and works regularly on every day of the week, including public holidays and Sundays;
(5) "fixed term contract" refers to a contract of employment in which a Caregiver is engaged for a specific period of time or for the duration of a specific project.
Nothing in this subclause shall restrict the right of the hospital or the Caregiver to terminate the engagement within the specified term in accordance with the provisions of Clause 8. – Separation of this Agreement.
(6) "ordinary rate" means the total rate of pay prescribed in Clause 21. - Wages of this Agreement (including tool and leading hand allowances) and any regular overaward payment.
(7) "ordinary time earnings" means the ordinary rate (as defined), any regular over award payment and shift and weekend penalties where the shift worked is part of the Caregiver's ordinary hours of work.
(8) "parttime" refers to a permanent Caregiver with a guaranteed minimum number of hours (inclusive of holidays and leave) who is regularly employed to work less hours than those prescribed for full time Caregivers;
(9) "relevant award" means the Metal Trades (General) Award 1966 or the Building Trades Award 1968, whichever is applicable.
6. CLASSIFICATION STRUCTURE
A Caregiver covered by this Agreement shall be classified in accordance with:
· Clause5. Definitions and Classification Structure of Part 1 of the Metal Trades (General) Award 1966; or
· Clause 6. - Definitions of the Building Trades Award 1968;
whichever is applicable.
7. DUTIES
Each Caregiver will be required to work in accordance with his/her duty statement and the hospital's policies and procedures. The hospital may direct each Caregiver to carry out such duties as are within the limits of the Caregiver's skill, competence or training.
8. SEPARATION
(1) Hospital Giving Notice
(a) The contract of service may be terminated by the hospital on any day by giving to the Caregiver the required period of notice in writing and the contract shall expire at the end of that period of notice.
(b) The required period of notice shall be:
Caregiver's period of continuousService with the hospital / Period of notice
Not more than 3 years
More than 3 years but not more than 5 years
More than 5 years / 2 weeks
3 weeks
4 weeks
The required period of notice is increased by one week if the Caregiver is over 45 years old and has completed at least 2 years continuous service with the hospital.
(c) Provided that:
(i) the contract of service of a probationary Caregiver (other than a casual) may be terminated by the hospital giving the Caregiver one week's notice in writing; and
(ii) the contract of service of a Caregiver engaged as a casual may be terminated by the hospital giving the Caregiver one hour's notice. Such notice need not be in writing.
(d) Payment in lieu of the required period of notice may be made by the hospital if the required notice is not given.
The hospital may terminate the contract of service by providing part of the required notice and payment in lieu of the balance.
(2) Caregiver Giving Notice
(a) The contract of service may be terminated on any day by the Caregiver giving to the hospital two weeks notice in writing and the contract shall expire at the end of that period of notice.
Where there is written agreement between the hospital and the Caregiver a longer period of notice up to and including four weeks may be required.
(b) Provided that:
(i) the contract of service of a probationary Caregiver (other than a casual) may be terminated by the Caregiver giving one week's notice in writing; and
(ii) the contract of service of a Caregiver engaged as a casual may be terminated by the Caregiver giving the hospital one hour's notice. Such notice need not be in writing.
(c) If a Caregiver fails to give the required notice or leaves during the notice period, the hospital may, at its discretion, deduct from any monies due to the Caregiver, an amount equal to ordinary time earnings for the period of notice not given.
(3) The Caregiver and the hospital may agree in writing upon a longer period of notice than prescribed in this clause.
(4) The required notice may be dispensed with by agreement in writing between the hospital and Caregiver.
(5) Nothing in this clause affects the hospital's right to dismiss a Caregiver without notice for serious misconduct which justifies instant dismissal.
(6) Time Off During Notice Period:
Where the hospital has given notice of termination to a Caregiver who has completed one month's continuous service, that Caregiver shall, for the purpose of seeking other employment be entitled to be absent from work up to a maximum of eight ordinary hours without deduction of pay. The time off shall be taken at times that are convenient to the Caregiver after consultation with the hospital.