STIRLING COMMUNITY HOSPITAL HSOA
Enterprise Agreement 1995 (the agreement)
No. AG 39 of 1998
16
1. - TITLE
This Agreement shall be known as the Stirling Community Hospital HSOA Enterprise Agreement 1998 ("the Agreement").
2. - ARRANGEMENT
1. Title
2. Arrangement
3. Parties
4. Area and Scope
5. Term
6. Replacement
7. Relationship to Award
8. Commitment to Improved Productivity
9. Family Leave
10. Parental and Adoption Leave
11. Study Leave
12. Salaries
13. Redundancy
14. Classification Review
15. Dispute Settlement
16. Joint Monitoring Committee
17. Number of Employees
18. Signatories
Appendix 1 - Classification Review
3. - PARTIES
The parties to this Agreement shall be Stirling Hospital (1979) Pty Ltd ACN 008 890 408 trading as Stirling Community Hospital ("the employer") and the Hospital Salaried Officers Association of Western Australia (Union of Workers) ("the union").
4. - AREA AND SCOPE
This Agreement shall apply to all employees eligible for membership of the union and employed by the employer at Stirling Community Hospital.
5. - TERM
The term of this Agreement shall be from the date of registration until 30 June 1999.
6. - REPLACEMENT
(1) Notwithstanding the provisions of Clause 5. - Term, this Agreement shall continue to operate until it is replaced by a new agreement.
(2) Provided that the parties may at any time agree to vary or cancel this Agreement in accordance with the provisions of the Industrial Relations Act, 1979.
(3) Renegotiation of this Agreement is to commence no later than 1 April 1999 with the objective being to have a further agreement finalised by the expiry of the term of this Agreement.
(4) Provided that the parties shall review this Agreement should the total wage prescribed by this Agreement for any classification fall below the relevant wage rate stipulated by the award safety net.
7. - RELATIONSHIP TO AWARD
(1) This Agreement shall be read and interpreted in conjunction with the Hospital Salaried Officers (Private Hospitals) Award, 1980 ("the award").
(2) Where there is inconsistency between this Agreement and the Award, this Agreement shall prevail to the extent of any inconsistency.
8. - COMMITMENT TO IMPROVED PRODUCTIVITY
(1) The parties to this Agreement are committed to the joint achievement of demonstrated productivity and efficiency measures in order to help meet the increased financial commitments of this Agreement.
(2) Employees and the hospitals agree to work together to achieve a culture within the organisation in which:
We work as a team recognising the contribution of each individual, recognising their skills and needs and providing mutual support;
We understand the needs of the consumers of our service and make every endeavour to meet and, where possible, exceed these needs in order to remain competitive within the industry.
We work towards identifying and removing barriers to productivity and efficiency. As one means of achieving this, the hospital will develop and implement strategies aimed at improving and encouraging two way communication and feedback processes.
(3) Employees acknowledge the need to work towards a more integrated and interdisciplinary approach to work and the development of a team oriented approach throughout the hospitals.
(4) This Agreement will allow for staff to be temporarily redeployed from Stirling Community Hospital to Cambridge Private Hosptial, to take account of unplanned absences and fluctuations in hospital population and acuity. Before staff are required to be temporarily redeployed, regard shall be given to their experience, competence and training to carry out required tasks. The employer will reimburse any additional transport costs incurred as a result of being redeployed.
(5) Without limiting the scope of measures to be examined, the parties agree to work co-operatively to achieve actual productivity and efficiency through the following terms:
(a) develop and implement a waste management program within the hospital;
(b) review the causes of absenteeism and implement effective measures aimed at a reduction in absenteeism (on sick leave and workers compensation) of 10% over the life of this Agreement;
(c) conduct a full review of rostering and staffing practices in order to develop effective and efficient options for both hospital and employees;
(d) development of strategies which will lead to a greater interdisciplinary and team oriented approach;
(e) a commitment by all staff to participate as members of the various hospital committees as required. Attendance at Unit meetings is compulsory for staff rostered on duty unless otherwise agreed. Off-duty staff who are available to attend any hospital meetings shall accrue time-off-in-lieu, to be taken by mutual agreement.
(f) a target of 70% attendance at hospital committee meetings; and
(g) an acknowledgment that active participation by all staff is an essential requirement for achievement of a successful Accreditation process.
The implementation of these measures will be overseen by the Monitoring Committee established under Clause 16. - Joint Monitoring Committee of this Agreement. The Committee will be able to co-opt other employees to assist in the development of these items as required.
9. - FAMILY LEAVE
(1) This clause operates in conjunction with Clause 17. - Sick Leave of the Award.
Use of Sick Leave
(2) An employee with responsibilities in relation to either members of their immediate family or members of their household who need their care and support shall be entitled to use, in accordance with this clause, any sick leave entitlement at accrual for absences to provide care and support for such persons when they are ill. Provided that the employee must have accrued sufficient sick leave entitlement for them to have access to a minimum of ten days for their own illness or injury in their current year of employment.
(3) The employee shall, if required, establish by production of a medical certificate or statutory declaration, the illness of the person concerned.
(4) The entitlement to use sick leave in accordance with this clause is subject to:
(a) the employee being responsible for the care of the person concerned; and
(b) the person concerned being either:
(i) a member of the employee’s immediate family; or
(ii) a member of the employee’s household.
(5) The term "immediate family" includes:
(a) a spouse (including a former spouse, a de facto spouse and a former de facto spouse) of the employee; and
(b) a child (including an adopted child, a step child or an ex-nuptial child), parent, grandparent, grandchild or sibling of an employee or spouse of the employee.
(6) The employee shall, wherever practicable, give the employer notice prior to the absence of the intention to take leave, the name of the person requiring care and their relationship to the employee, the reasons for taking such leave and the estimated length of absence. If it is not practicable for the employee to give prior notice of absence, the employee shall notify the employer by telephone of such absence at the first opportunity on the day of absence.
Unpaid Leave for Family Purposes
(7) An employee may elect, with the consent of the hospital, to take unpaid leave for the purpose of providing care to a family member who is ill.
(8) Annual Leave
(a) Notwithstanding the provision of this clause, an employee may elect, with the consent of the employer, to take annual leave in single day periods not exceeding five days in any calendar year at a time or times agreed between them.
(b) The employer may agree to defer payment of the annual leave loading in respect of such leave, until at least 5 consecutive annual leave days are taken.
(9) Make-up Time
An employee may elect, with the consent of their employer, to work "make-up time" under which the employee takes time off during ordinary hours, and works those hours at a later time, during the spread of ordinary hours provided in the Award.
(10) Grievance Procedures
In the event of a dispute arising in connection with any part of this clause, such a dispute shall be processed in accordance with the dispute settling provisions of this Agreement.
10. - PARENTAL AND ADOPTION LEAVE
Interpretation
(1) In this Clause -
"adoption", in relation to a child, is a reference to a child who-
(a) is not the natural child or the stepchild of the employee or the employee's spouse;
(b) is less than 5 years of age; and
(c) has not lived continuously with the employee for 6 months or longer;
"continuous service" means service under an unbroken contract of employment and includes -
(a) any period of parental leave; and
(b) any period of leave or absence authorised by the employer, this Agreement, an employee's contract of employment or the Minimum Conditions of Employment Act, 1993;
"expected date of birth" means the day certified by a medical practitioner to be the day on which the medical practitioner expects the employee or the employee's spouse, as the case may be, to give birth to a child;
"parental leave" means leave provided for by this clause;
"spouse" includes a de facto spouse.
(2) Entitlement to parental leave
(a) Subject to the provisions of this clause, an employee, other than a casual employee, is entitled to take up to 52 consecutive weeks of unpaid leave in respect of -
(i) the birth of a child to the employee or the employee's spouse; or
(ii) the placement of a child with the employee with a view to the adoption of the child by the employee.
(b) An employee is not entitled to take parental leave unless he or she
(i) has, before the expected date of birth or placement, completed at least 12 months' continuous service with the employer; and
(ii) has given the employer at least 10 weeks' written notice of his or her intention to take the leave.
Provided that an employee shall not be in breach of these notice requirements where failure to give such notice results from confinement or adoption occurring earlier than the expected date.
(c) An employee is not entitled to take parental leave at the same time as the employee's spouse but this paragraph does not apply to one week's parental leave -
(i) taken by the male parent immediately after the birth of the child; or
(ii) taken by the employee and the employee's spouse immediately after a child has been placed with them with a view to their adoption of the child.
(d) The entitlement to parental leave is reduced by any period of parental leave taken by the employee's spouse in relation to the same child, except the period of one week's leave referred to in paragraph (c) of this subclause.
(3) Maternity leave to start 6 weeks before birth
A female employee who has given notice of her intention to take parental leave, other than for an adoption, is to start the leave 6 weeks before the expected date of birth unless in respect of any period closer to the expected date of birth a medical practitioner has certified that the employee is fit to work.
(4) Medical certificate
An employee who has given notice of his or her intention to take parental leave, other than for adoption, is to provide to the employer a certificate from a medical practitioner stating that the employee or the employee's spouse, as the case may be, is pregnant and the expected date of birth.
(5) Notice of spouse's parental leave
(a) An employee who has given notice of his or her intention to take parental leave or who is actually taking parental leave is to notify the employer of particulars of any period of parental leave taken or to be taken by the employee's spouse in relation to the same child.
(b) Any notice given under paragraph (a) of this subclause is to be supported by a statement of information to the satisfaction of the employer or a statutory declaration by the employee as to the truth of the particulars notified.
(6) Notice of parental leave details
(a) An employee who has given notice of his or her intention to take parental leave is to give the employer not less than four weeks’ written notice of the dates on which the employee wishes to start and finish the leave.
(b) The period of leave may be varied, by the employee giving not less than 14 days’ notice in writing, unless a lesser period is agreed, provided that the period may be lengthened once only, save with the agreement of the employer.
(c) An employee shall confirm his/her intention of returning to work by notice in writing to the employer, given not less than 14 days prior to the expiration of the period of parental leave.
(7) Cancellation of maternity leave
(a) Maternity leave, applied for but not commenced, shall be cancelled when the pregnancy of an employee terminates other than by the birth of a living child.
(b) Where the pregnancy of an employee then on maternity leave terminates other than by the birth of a living child, it shall be the right of the employee to resume work at a time nominated by the employer which shall not exceed four weeks’ from the date of notice in writing by the employee to the employer that she desires to resume work.
(8) Special parental leave and sick leave
(a) Where the pregnancy of an employee not then on parental leave terminates after 28 weeks other than by the birth of a living child then: