WA Public Hospitals (Doctors in Training) Award 2011
1. - TITLE
This Award shall be known as the WA Public Hospitals (Doctors in Training) Award 2011.
1B. - MINIMUM ADULT AWARD WAGE
(1)No employee aged 21 or more shall be paid less than the minimum adult award wage unless otherwise provided by this clause.
(2)The minimum adult award wage for full-time employees aged 21 or more is $692.90 per week payable on and from the commencement of the first pay period on or after 1 July 2016.
(3)The minimum adult award wage is deemed to include all State Wage order adjustments from State Wage Case Decisions.
(4)Unless otherwise provided in this clause adults employed as casuals, part-time employees or piece workers or employees who are remunerated wholly on the basis of payment by result shall not be paid less than pro rata the minimum adult award wage according to the hours worked.
(5)Employees under the age of 21 shall be paid no less than the wage determined by applying the percentage prescribed in the junior rates provision in this award to the minimum adult award wage.
(6)The minimum adult award wage shall not apply to apprentices, employees engaged on traineeships or Jobskill placements or employed under the Commonwealth Government Supported Wage System or to other categories of employees who by prescription are paid less than the minimum award rate, provided that no employee shall be paid less than any applicable minimum rate of pay prescribed by the Minimum Conditions of Employment Act 1993.
(7)Liberty to apply is reserved in relation to any special category of employees not included here or otherwise in relation to the application of the minimum adult award wage.
(8)Subject to this clause the minimum adult award wage shall –
(a)Apply to all work in ordinary hours.
(b)Apply to the calculation of overtime and all other penalty rates, superannuation, payments during any period of paid leave and for all purposes of this award.
(9)Minimum Adult Award Wage
The rates of pay in this award include the minimum weekly wage for employees aged 21 or more payable under the 2016 State Wage order decision. Any increase arising from the insertion of the minimum wage will be offset against any equivalent amount in rates of pay received by employees whose wages and conditions of employment are regulated by this award which are above the wage rates prescribed in the award. Such above award payments include wages payable pursuant to enterprise agreements, consent awards or award variations to give effect to enterprise agreements and over award arrangements. Absorption which is contrary to the terms of an agreement is not required.
Increases under previous State Wage Case Principles or under the current Statement of Principles, excepting those resulting from enterprise agreements, are not to be used to offset the minimum wage.
(10)Adult Apprentices
(a)Notwithstanding the provisions of this clause, an apprentice, 21 years of age or more, shall not be paid less than $593.90 per week on and from the commencement of the first pay period on or after 1 July 2016.
(b)The rate paid in the paragraph above to an apprentice 21 years of age or more is payable on superannuation and during any period of paid leave prescribed by this award.
(c)Where in this award an additional rate is expressed as a percentage, fraction or multiple of the ordinary rate of pay, it shall be calculated upon the rate prescribed in this award for the actual year of apprenticeship.
(d)Nothing in this clause shall operate to reduce the rate of pay fixed by the award for an adult apprentice in force immediately prior to 5 June 2003.
2. - SCOPE
(1)Subject to subclause (2), this Award shall operate throughout the State of Western Australia and shall apply to all medical practitioners employed by a public hospital board or agency as defined under the HospitalsandHealth Services Act 1927 as amended.
(2)This Award shall not apply to medical practitioners covered by the provisions of the WAPublicHospitals (Senior Medical Practitioners) Award 2011.
3. - ARRANGEMENT
1.Title
1B.Minimum Adult Award Wage
2.Scope
3.Arrangement
4.Definitions
5.Contract of Service
6.Conditions of Service
7.Part Time Medical Practitioners
8.Casual Medical Practitioners
9.Salaries
10.Higher Qualifications
11.Higher Duties
12.Hours of Duty
13.Rosters
14.Shift, Weekend and Public Holiday Penalties
15.Overtime
16.On Call and Call Back
17.Meal Allowance
18.Uniforms and Laundry
19.Annual Leave
20.Public Holidays
21.Sick Leave
22.Carer’s Leave
23.Bereavement Leave
24.Examination Leave
25.Study Leave
26.Long Service Leave
27.Parental Leave
28.Short Leave
29.Special Leave
30.District Allowance
31.Introduction of Change
32.Dispute Settlement Procedures
33.Establishment of Consultative Mechanisms
34.Board of Reference
35.No Reduction
36.Term of Award
Schedule - Named Parties
4. - DEFINITIONS
“Association” means the Western Australian Branch of the Australian Medical Association Incorporated.
“Doctor in Training” means a medical practitioner who is appointed as an Intern, Resident Medical Officer, Registrar, or Senior Registrar.
“Employer” means the Board of a Public Hospital or Agency established pursuant to the Hospital and Health Services Act 1927 (WA) as amended.
“Intern” means a medical practitioner employed as such by a teaching hospital during the first year of relevant experience following graduation, prior to full registration by the Medical Board of Australia.
“Medical Practitioner” means a medical practitioner as defined under the Health Practitioner Regulation National Law (WA) Act 2010 as amended from time to time and includes Interns, Resident Medical Officers, Registrars and Senior Registrars.
“Registrar” means a registered medical practitioner employed as a registrar. A registrar may be appointed with or without the Part 1 Examination of an appropriate specialist qualification recognised by the Australian Medical Council (AMC).
“Resident Medical Officer” means a registered medical practitioner employed in the second or subsequent years of relevant experience following graduation.
“Senior Registrar” means a registered medical practitioner who is either appointed as a Senior Registrar, or a registrar who has obtained an appropriate specialist qualification acceptable to the Australian Medical Council (AMC) or equivalent recognised by the Director General of Health.
5. - CONTRACT OF SERVICE
(1)Appointment to the position of medical practitioner shall be between the medical practitioner and the Employer. The period of engagement shall be as agreed in writing between the medical practitioner and the Employer and shall normally be for 52 continuous weeks.
(2)The Employer appoints the medical practitioner on the basis that the whole of the medical practitioner's working time shall be devoted to the duties of the appointment.
(3)Service may be terminated by either the employer or the medical practitioner giving notice in accordance with the following -
(a)For contracts of less than 52 weeks or for contracts of an indefinite period - 4 weeks' notice.
(b)For contracts of 52 weeks and up to but not including 104 weeks - 6 weeks' notice.
(c)For contracts of 104 weeks and up to but not including 156 weeks - 8 weeks' notice.
(d)For contracts of 156 weeks' duration or longer - 12 weeks' notice.
In lieu of the giving of the required notice the employer or the medical practitioner may pay or forfeit as the case may be salary commensurate with the residual period of notice otherwise required. Provided that the employer and the medical practitioner may agree to a lesser period of notice.
(4)In the event of the employer deciding that a medical practitioner should be dismissed, the medical practitioner may appeal to a Board of Reference.
(5)Where a medical practitioner has been dismissed or has given or who has been given notice of termination of service in accordance with the provisions of subclause (3) of this Clause or whose appointment had expired in accordance with the provisions of subclause (1) of this Clause the medical practitioner shall be paid all monies due to such medical practitioner on the last day of service, except where unusual circumstances prevent this in which case payment shall be made as soon as possible thereafter but in any case not more than three working days thereafter.
(6)Medical practitioners may be seconded on the approval of the Minister for Health and after consultation between the Director General of Health and the appropriate Employer, to Government recognised hospitals other than those designated in Clause 2. - Scope of this Award.
Medical practitioners in their intern year may be seconded to positions in Government recognised hospitals other than those designated in Clause 2. - Scope of this Award which are recognised by the Medical Board as appropriate to the medical practitioner's training.
6. - CONDITIONS OF SERVICE
(1)A medical practitioner shall not be bound, without the consent of the patient, to divulge any information which the medical practitioner has learned in attending the patient, and which was necessary to enable the medical practitioner to prescribe or act for the said patient, to any person other than the Medical Superintendent, Deputy Medical Superintendent or senior medical staff of the hospital, or to the Director General, Health Department of Western Australia or the Director General's delegate when the medical practitioner is employed on secondment to a hospital for which the Director General or the Director General's delegate acts as Medical Superintendent.
(2)Where installation of a telephone is approved by the employer, the cost of installation and rental shall be borne by the employer. Provided however that where the medical practitioner's contract of employment is for 52 weeks, the employer shall not be liable for the cost of more than one installation during that contract period.
(3)Reasonable costs of travel will be provided for calls to the hospital out of normal working hours.
(4)Any medical practitioner required by the employer to visit another centre in the course of official duties shall have reasonable costs of travel provided.
7. - PART TIME MEDICAL PRACTITIONERS
(1)Medical practitioners in training positions above Level 5 may be employed to be regularly rostered to work for less than the ordinary weekly hours of duty provided that:-
(a)The medical practitioner occupies a recognised post approved by the appropriate College and the Employer for the purposes of obtaining a postgraduate qualification and for the appointment of a medical practitioner/s on a part time basis in accordance with the College's training requirements.
(b)A medical practitioner employed on a part time basis is employed in accordance with the appropriate College's requirements and in any event for a minimum of 50 per cent of the ordinary weekly hours of a full time medical practitioner.
(c)Payment is made on a pro rata basis to the rate prescribed for the level at which the medical practitioner is employed in proportion to which the part time medical practitioner's ordinary hours bear to normal hours prescribed in subclause (1) of Clause 12. - Hours of Duty.
(2)Notwithstanding the provisions of Clause 12. - Hours of Duty and subclause (1) above, a medical practitioner may be regularly employed on any day, to work less hours than prescribed by Clause 12. - Hours of Duty, subclause (1). A medical practitioner's minimum weekly hours shall be specified at the commencement of the medical practitioner's employment and be worked in minimum continuous periods of three hours. The medical practitioner's normal hours shall only be varied in accordance with the provisions of this clause. The hourly rate shall be calculated on the same basis as prescribed in subclause (1)(c) above subject to any penalties provided for within this Award.
Where the employer wishes to increase the normal hours worked by a part time medical practitioner for a period of two or more weeks and the medical practitioner so agrees in writing, the increased hours shall be deemed to be the medical practitioner's normal hours for that period. Hours worked in excess of the medical practitioner's normal hours in any roster period shall be paid in accordance with subclause (3)(a) hereunder and Clause 15. - Overtime.
(3)(a)When a medical practitioner is employed under the provisions of this clause, there shall be an entitlement to the same leave as prescribed in this Award for full time medical practitioners, payment being on a pro rata basis in the same proportion that the medical practitioner's normal hours bear to the hours prescribed in subclause (1) of Clause 12. - Hours of Duty.
Provided that the ordinary rate for a medical practitioner who is employed in accordance with the provisions of subclause (2), may be increased by an additional 20% in lieu of leave entitlements.
(b)Where during any qualifying period the ordinary hours of a part time medical practitioner vary as a proportion of the hours prescribed in subclause (1) of Clause 12. - Hours of Duty the ordinary hours worked shall be averaged over the qualifying period.
(4)The employer shall advise the Executive Director of the Association within 28 days of the date of this Award coming into operation as to the number of positions occupied, the days on which and number of hours worked by those medical practitioners employed in a part time capacity.
(5)The employer shall advise the Executive Director of the Association within seven days of any part time office created or altered after this Award comes into operation as to the number of positions occupied, the days on which and number of hours worked by those medical practitioners employed in a part time capacity.
(6)Any dispute as to whether a part time position is necessary shall be referred to the Board of Reference.
8. - CASUAL MEDICAL PRACTITIONERS
(1)Medical practitioners above Level 4 may be employed by the hour for a period of up to four consecutive weeks in any period of engagement.
(2)Medical practitioners so employed shall be engaged for minimum periods of three hours with their ordinary rate of pay being at the appropriate salary rate prescribed in Clause 9. - Salaries with the addition of a 20% loading in lieu of leave entitlements.
(3)At the beginning of each month the employer shall supply to the Association the following information with respect to casual medical practitioners employed during the preceding month -
(a)The name of the casual medical practitioner/s so employed.
(b)The classification in which such a medical practitioner/s was engaged and the number of hours so engaged.
(c)The rate of salary paid to such medical practitioner/s.
9. - SALARIES
(1)(a)Salaries or salary ranges applicable to medical practitioners covered by this Award calculated on the basis of the ordinary hours of duty specified in subclause (1) of Clause 12. - Hours of Duty of rostered duty in any period of one week shall be:
Level / $ per annum / ASNA / TOTALLevel 1 / 36177 / 18148 / 54325
Level 2 / 38794 / 18294 / 57088
Level 3 / 41467 / 18443 / 59910
Level 4 / 43089 / 18534 / 61623
Level 5 / 44780 / 18628 / 63408
Level 6 / 48244 / 18821 / 67065
Level 7 / 51162 / 18984 / 70146
Level 8 / 54213 / 19153 / 73366
Level 9 / 56364 / 19274 / 75638
Level 10 / 59625 / 19455 / 79080
The rates of pay in this award include arbitrated safety net adjustments available since December 1993, under the Arbitrated Safety Net Adjustment Principle.
These arbitrated safety net adjustments may be offset against any equivalent amount in the rate of pay received by employees since 1 November 1991 above the rate prescribed in the Award, except where such absorption is contrary to the terms of an industrial agreement.
Increases in rates of pay otherwise made under the State Wage Case Principles, excepting those resulting from enterprise agreements, are not to be used to offset arbitrated safety net adjustments.
(b)The salary of an Intern shall be at Level 1.
(c)The salary of a Resident Medical Officer shall be within the range of Levels 2 to 4 inclusive, based on years of relevant experience after graduation. Level 4 shall apply to 4th and subsequent years of experience after graduation.
(d)The salary of a Registrar shall be within the range of Levels 5 to 8 inclusive based on years of relevant experience in that capacity.
(e)The salary of a Senior Registrar shall be within the range of Levels 9 to 10, based on years of relevant experience in that capacity.
(f)Subject to the provisions of this Award, a medical practitioner shall be employed in accordance with the level of work performed.
(2)Subject to good conduct, diligence and efficiency, a medical practitioner shall proceed from the point of entry in the salary range to the maximum of the range for the particular class of employment according to the increments in such salary range.
(3)Salaries shall be paid at least fortnightly.
(4)It is a term of this Award that the Association undertakes for the duration of the Principles determined by the Commission in Court Session in Application No. 704 of 1991 not to pursue any extra claims, award or over award except when consistent with the State Wage principles.
10. - HIGHER QUALIFICATIONS
(1)A medical practitioner, other than a senior registrar, who has obtained an appropriate specialist qualification (acceptable to the Australian Medical Council), shall be paid an allowance of $1278.00 per annum.
(2)The above allowance shall be adjusted at the same time and the same proportion as any adjustment to the minimum weekly salary rate prescribed from time to time for a medical practitioner Level 8.
11. - HIGHER DUTIES
A medical practitioner who is directed by the Employer or a duly authorised senior officer to act in an office which is classified higher than the medical practitioner and who performs the full duties and accepts the full responsibility of the higher office for five consecutive working days or more, shall subject to the provisions of this Award be paid an allowance equal to the difference between the medical practitioner's own salary and the salary the medical practitioner would receive if permanently appointed to the office in which the medical practitioner is so directed to act.
12. - HOURS OF DUTY
(1)A medical practitioner's ordinary hours of duty shall consist of 38 hours per week to be rostered in accordance with the provisions of Clause 13. - Rosters. The 38 ordinary hours of duty and any required extra duty (other than on call and/or recall) shall be worked in rostered periods as prescribed in Clause 13. – Rosters.
(2)Medical practitioners' hours of duty shall be worked so as to provide the following time off duty:
(a)Eight days free from ordinary hours of duty in each 28 day cycle.
(b)Where practicable, at least two consecutive days off duty shall be granted and shall not be preceded by a night shift unless the medical practitioner is rostered to work on evening or night shift immediately following rostered days off.
(c)Twelve evenings off, Monday to Friday inclusive between the hours of 6.00 pm and 8.00 am, in each 28 day cycle, provided that, by agreement between the Association and the Employer, designated positions shall be exempted from the provisions of this subclause.
(3)(a)Where a medical practitioner is required to resume duty before having had eight consecutive hours off duty the subsequent hours worked until released from duty for eight consecutive hours, shall be included in excess hours and paid for in accordance with Clause 15. - Overtime. A medical practitioner released from duty shall be entitled to be absent for eight consecutive hours without loss of pay for ordinary working hours occurring during such absence.