AP808971CAV - Veterinary Surgeons Award 2001

AUSTRALIAN INDUSTRIAL REGISTRY CONSOLIDATION

This AIR consolidated award incorporates all amendments up to and including 24 October 2008 (variation PR984263).

Clauses affected by the most recent amendment(s) are:

11. Allowances

15. On-call duty

About this Award:
Printed by authority of the Commonwealth Government Printer.


Disclaimer:
Please note that this consolidated award is prepared by the Australian Industrial Registry and is believed to be accurate but no warranty of accuracy or reliability is given and no liability is accepted for errors or omissions or loss or damage suffered as a result of a person acting in reliance thereon.

Copies of official decisions, awards and orders of the Australian Industrial Relations Commission can be accessed at no cost through the Commission’s web site (www.airc.gov.au) or purchased from any office of the Australian Industrial Registry.

AP808971CAV [Pre-Reform AIR Consolidation]

AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

Workplace Relations Act 1996

Review of award pursuant to Item 51 of Part 2 of Schedule 5 of the
Workplace Relations and Other Legislation Amendment Act 1996
(C No. 00764 of 1999)

VETERINARY SURGEONS - INTERIM AWARD 1998
(ODN C No. 32511 of 1996)
[Print Q1259 [AW802086]]

Award simplification.

ORDER

A. Further to the decision issued by the Commission on 11 July 2001, [PR906425] the above award is varied as follows:

By deleting all clauses, schedules and appendices and inserting the following:

1. AWARD TITLE

This award shall be known as the Veterinary Surgeons Award 2001.

2. ARRANGEMENT

[2 amended by PR923973 PR968927]

1. Award title

2. Arrangement [PR968927]

3. Anti-discrimination

4. Definitions

5. Operation of the award [PR907314]

6. Procedures for the avoidance of industrial disputes

7. Type of employment [PR968927]

8. Redundancy [PR949972]

9. Notice of termination [PR952042]

10. Classifications and wage rates [PR960077]

11. Allowances [PR984263]

12. Superannuation

13. Hours of work

14. Extra hours of work

14A. Reasonable overtime [PR923973]

15. On-call duty [PR984263]

16. Annual leave [PR968927]

17. Personal leave [PR968927]

17A. Bereavement leave [PR968927]

18. Parental leave [PR968927]

19. Jury service

20. Public holidays [PR912479]

21. Long service leave

22. Workers compensation

Appendix 1 - Respondents

3. ANTI-DISCRIMINATION

3.1 It is the intention of the respondents to this award to achieve the principal object in s.3(j) of the Workplace Relations Act 1996 through respecting and valuing the diversity of the work force by helping to prevent and eliminate discrimination on the basis of race, colour, sex, sexual preference, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin.

3.2 Accordingly, in fulfilling their obligations under the dispute avoidance and settling clause, the respondents must make every endeavour to ensure that neither the award provisions nor their operation are directly or indirectly discriminatory in their effects.

3.3 Nothing in this clause is taken to affect:

3.3.1 any different treatment (or treatment having different effects) which is specifically exempted under the Commonwealth anti-discrimination legislation;

3.3.2 junior rates of pay, until 22 June 2000 or later date determined by the Commission in accordance with s.143(1E) of the Act;

3.3.3 an employee, employer or registered organisation, pursuing matters of discrimination in any State or federal jurisdiction, including by application to the Human Rights and Equal Opportunity Commission;

3.3.4 the exemptions in s.170CK(3) and (4) of the Act.

4. DEFINITIONS

4.1 “Veterinary Surgeon” means a qualified Veterinary Surgeon who satisfies the statutory and professional requirements to practice in the state in which he/she is practicing (e.g. registration with the relevant State Veterinary Board).

4.2 “Veterinary Associate” (“Associate”) means a Veterinary Surgeon who is employed on a permanent or casual basis.

4.3 “Veterinary Employer” (“Employer”) means a person or other entity, usually a Veterinary Surgeon, who employs Associates.

4.4 “Permanent Associate” means an Associate other than a Casual Associate.

4.5 “Full-time Associate” means a Permanent Associate who is engaged for an average of 38 hours or more per week.

4.6 “Part-time Associate” means a Permanent Associate who is engaged by a particular Employer on a regular and systematic basis and who is engaged to work an average of less than 38 hours per week.

4.7 “Casual Associate” means an Associate who is engaged and paid as such, but does not include Part-time Associates as defined in this clause.

4.8 “On-Call Duty” means duty where the Associate is not required to remain at the Veterinary practice but is required to be available to attend unscheduled cases and such duty commences outside the Associate’s Ordinary Hours of Duty and Extra Hours of Duty. On-Call Duty is not counted towards Ordinary Hours of Duty or Extra Hours of Duty under this award.

4.9 “Active On-Call Duty” means duty where the Associate who is on “On-Call Duty” actually attends cases. “Active On-Call Duty” is not counted towards Ordinary Hours of Duty or Extra Hours of Duty under this award unless the Associate undertakes scheduled work.

4.10 “Rostered Day Off’ means any week day (Monday to Friday) where the Associate is not required to work, whether it occurs on a regular cycle or not.

4.11 “Ordinary Rate of Pay” means the remuneration for the Associate’s normal weekly rostered hours of work, calculated at the ordinary rate of pay being the award rate and any overaward rate. It does not include any payment made to an Associate pursuant to clause 15.

4.12 “Resident” means a Veterinary Surgeon who is enrolled in a structured training program where the Resident is provided with direct supervision and training by at least one registered Veterinary Specialist. “Residency” means the structured training program for a Resident.

4.13 “Intern” means a Veterinary Surgeon who is enrolled in a structured training program where the Intern is provided direct supervision and training by at least one registered Veterinary Surgeon. “Internship” means the structured training program for an Intern. An Internship will be accomplished in not more than two years.

4.14 “Continuous Service” means service under an unbroken contract of employment and includes:

4.14.1 any period of leave taken in accordance with this award;

4.14.2 any period of leave or absence authorised by the employer or by an employment agreement;

4.14.3 any period of leave or absence on account of illness, disease or injury; and

4.14.4 for the purposes of calculating the period of continuous service only periods of paid leave are to be included.

5. OPERATION OF THE AWARD

[5.1 corrected by PR907314 from 11Jul01]

5.1 This Award comes into force from the first pay period commencing on or after 11 July 2001 and remains in force for a period of two years.

5.2.1 The Award shall be binding upon the Association of Professional Engineers, Scientists and Managers, Australia (APESMA), on the Employers in Appendix 1 hereof and the members of APESMA employed by them.

5.2.2 This award shall apply to all Associates (whether they are members of APESMA or not) employed in a classification set out in sub-clause 10.1 by the Employers in Appendix I hereof, in all industries other than public sector employment.

6. PROCEDURES FOR THE AVOIDANCE OF INDUSTRIAL DISPUTES

6.1 Where an Associate has a grievance in relation to any matter covered by this award, he/she shall first contact his/her supervisor/Employer to discuss the matter.

6.2 Should the grievance not be resolved at 6.1, representations should then be made to the Employer on behalf of the Associate by APESMA or another representative nominated by the Associate.

6.3 Should the grievance not be resolved at 6.2, the Employer and the Associate should agree to a process of mediation through:

The Australian Veterinary Association Dispute Mediation Unit

The Australian Industrial Relations Commission or

other agreed mediation.

6.4 Should the preceding steps not lead to an agreed resolution, the matter may be referred by any party to the Australian Industrial Relations Commission to be determined so far as possible by conciliation and, as a last resort and within the limits specified in the Workplace Relations Act 1996, by arbitration.

6.5 Nothing in this clause shall require an Associate to follow the dispute settlement procedure prescribed herein in relation to an alleged unfair dismissal or act of unlawful discrimination.

7. TYPE OF EMPLOYMENT

7.1 A Veterinary Associate can be employed on a Permanent basis as a Full-time or Part-time Permanent Associate, or on a casual basis.

7.2 A Part-time Associate receives pro-rata award entitlements.

7.3 Caring Responsibilities

[new 7.3 inserted by PR968927 ppc 17Feb06]

7.3.1 Subject to the evidentiary and notice requirements in 17.4 and 17.5, casual employees are entitled not to be available to attend work, or to leave work:

if they need to care for members of their immediate family or household who are sick and require care and support, or who require care due to an unexpected emergency, or the birth of a child; or

upon the death in Australia of an immediate family or household member.

7.3.2 The employer and the employee shall agree on the period for which the employee will be entitled to not be available to attend work. In the absence of agreement, the employee is entitled to not be available to attend work for up to two days per occasion. The casual employee is not entitled to any payment for the period of non-attendance.

7.3.3 An employer must not fail to re-engage a casual employee because the employee accessed the entitlements provided for in this clause. The rights of an employer to engage or not to engage a casual employee are otherwise not affected.

[7.3 renumbered as 7.4 and substituted by PR968927 ppc 17Feb06]

7.4 A Casual Associate is entitled to all the privileges of this document except where specifically stated. In particular, the Casual Associate is not entitled to: Annual Leave, paid Personal Leave or Redundancy Pay.

[7.4 renumbered as 7.5 and substituted by PR968927 ppc 17Feb06]

7.5 Nothing in this award shall prevent an Employer and an Associate from entering into a written agreement regarding the usage of annual leave and/or time in lieu as a mechanism to provide for known seasonal work variations.

7.5.1 Such agreements must be recorded in writing and kept as part of the time and wages records kept by the Employer pursuant to Division 1 of part 9A of the Workplace Relations Regulations.

8. REDUNDANCY

[8 substituted by PR949972 ppc 12Jul04]

8.1 Definitions

8.1.1 Business includes trade, process, business or occupation and includes part of any such business.

8.1.2 Redundancy occurs where an employer has made a definite decision that the employer no longer wishes the job the employee has been doing done by anyone and that decision leads to the termination of employment of the employee, except where this is due to the ordinary and customary turnover of labour.

8.1.3 Small employer means an employer who employs fewer than 15 employees.

8.1.4 Transmission includes transfer, conveyance, assignment or succession whether by agreement or by operation of law and transmitted has a corresponding meaning.

8.1.5 Week’s pay means the ordinary time rate of pay for the employee concerned. Provided that such rate shall exclude:

overtime;

penalty rates;

disability allowances;

shift allowances;

special rates;

fares and travelling time allowances;

bonuses; and

any other ancillary payments of a like nature.

8.2 Transfer to lower paid duties

Where an employee is transferred to lower paid duties by reason of redundancy the same period of notice must be given as the employee would have been entitled to if the employment had been terminated and the employer may at the employer’s option, make payment in lieu thereof of an amount equal to the difference between the former ordinary rate of pay and the new ordinary time rate for the number of weeks of notice still owing.

8.3 Severance pay

8.3.1 Severance pay – other than employees of a small employer

An employee, other than an employee of a small employer as defined in 8.1.3, whose employment is terminated by reason of redundancy is entitled to the following amount of severance pay in respect of a period of continuous service:

8.3.2 Severance pay – employees of a small employer

An employee of a small employer as defined in 8.1.3 whose employment is terminated by reason of redundancy is entitled to the following amount of severance pay in respect of a period of continuous service:

* Week’s pay is defined in 8.1.5.

8.3.3 Provided that the severance payments shall not exceed the amount which the employee would have earned if employment with the employer had proceeded to the employee’s normal retirement date.

8.3.4 Continuity of service shall be calculated in the manner prescribed by clause [6.16 ]. Provided that service prior to [12 July 2004] shall not be taken into account in calculating an entitlement to severance pay for an employee of a small employer pursuant to 8.3.2.

8.3.5 Application may be made for variation of the severance pay provided for in this clause in a particular redundancy situation in accordance with the redundancy Case Decision [PR032004, 26 March 2004] and the Redundancy Case Supplementary Decision [PR062004, 8 June 2004].

8.4 Employee leaving during notice period

An employee given notice of termination in circumstances of redundancy may terminate his/her employment during the period of notice set out in clause 9 - Notice of Termination. In this circumstance the employee will be entitled to receive the benefits and payments they would have received under this clause had they remained with the employer until the expiry of the notice, but will not be entitled to payment in lieu of notice.

8.5 Alternative employment

8.5.1 An employer, in a particular redundancy case, may make application to the Commission to have the general severance pay prescription varied if the employer obtains acceptable alternative employment for an employee.

8.5.2 This provision does not apply in circumstances involving transmission of business as set in 8.7.

8.6 Job search entitlement

8.6.1 During the period of notice of termination given by the employer in accordance with 9.1, an employee shall be allowed up to one day’s time off without loss of pay during each week of notice for the purpose of seeking other employment.

8.6.2 If the employee has been allowed paid leave for more than one day during the notice period for the purpose of seeking other employment, the employee shall, at the request of the employer, be required to produce proof of attendance at an interview or he or she shall not receive payment for the time absent. For this purpose a statutory declaration will be sufficient.

8.6.3 The job search entitlements under this subclause apply in lieu of the provisions of 9.3.

8.7 Transmission of business

8.7.1 The provisions of this clause are not applicable where a business is before or after the date of this award, transmitted from an employer (in this subclause called the transmittor) to another employer (in this subclause called the transmittee), in any of the following circumstances:

8.7.1(a) Where the employee accepts employment with the transmittee which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmittee; or

8.7.1(b) Where the employee rejects an offer of employment with the transmittee:

in which the terms and conditions are substantially similar and no less favourable, considered on an overall basis, than the terms and conditions applicable to the employee at the time of ceasing employment with the transmittor; and

which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmittee.

8.7.2 The Commission may vary 8.7.1(b) if it is satisfied that this provision would operate unfairly in a particular case.

8.8 Employees exempted

This clause does not apply to:

employees terminated as a consequence of serious misconduct that justifies dismissal without notice;

probationary employees;

trainees;

employees engaged for a specific period of time or for a specified task or tasks; or

casual employees.

8.9 Incapacity to pay

The Commission may vary the severance pay prescription on the basis of an employer’s incapacity to pay. An application for variation may be made by an employer or a group of employers.

8.10 Redundancy Disputes

8.10.1 Paragraphs 8.10.2 and 8.10.3 impose additional obligations on an employer where an employer contemplates termination of employment to redundancy and a dispute arises (‘redundancy disputes’). These additional obligations do not apply to employers who employ less than 15 employees.

8.10.2 Where a redundancy dispute arises and, if they have not already done so, an employer must provide affected employees and the relevant union or unions (if requested by any affected employee) in good time, with relevant information including;

(a) The reasons for any proposed redundancy;

(b) The number and categories of workers likely to be affected; and

(c) The period over which any proposed redundancies are intended to be carried out.

8.10.3 Where a redundancy dispute arises and discussions occur in accordance with this clause the employer will, as early as possible consult on measures taken to avert or to minimise any proposed redundancies and measures to mitigate the adverse affects of any proposed redundancies on the employees concerned.

9. NOTICE OF TERMINATION

[9 Termination of employment title changed and substituted by PR949972 ppc 12Jul04; corrected by PR952042 ppc 12Jul04]

9.1 Notice of termination by employer

9.1.1 In order to terminate the employment of an employee the employer must give to the employee not less than 4 week’s notice.

9.1.2 In addition to the notice in 9.1.1, employees over 45 years of age at the time of the giving of the notice with not less than two years continuous service, are entitled to an additional week’s notice.

9.1.3 Payment in lieu of the prescribed notice in 9.1.1 and 9.1.2 must be made if the appropriate notice period is not required to be worked. Provided that employment may be terminated by the employee working part of the required period of notice and by the employer making payment for the remainder of the period of notice.

9.1.4 The required amount of payment in lieu of notice must equal or exceed the total of all amounts that, if the employee’s employment had continued until the end of the required period of notice, the employer would have become liable to pay to the employee because of the employment continuing during that period. That total must be calculated on the basis of:

9.1.4(a) the employee’s ordinary hours of work (even if not standard hours); and

9.1.4(b) the amounts ordinarily payable to the employee in respect of those hours, including (for example) allowances, loading and penalties; and

9.1.4(c) any other amounts payable under the employee’s contract of employment.

9.1.5 The period of notice in this clause does not apply:

9.1.5(a) in the case of dismissal for serious misconduct;

9.1.5(b) to employees engaged for a specific period of time or for a specific task or tasks;

9.1.5(c) to trainees whose employment under a traineeship agreement or an approved traineeship is for a specified period or is, for any other reason, limited to the duration of the agreement; or

9.1.5(d) to casual employees.

9.1.6 Continuous service is defined in clause 4.14.

9.2 Notice of termination by an employee

9.2.1 The notice of termination required to be given by an employee is the same as that required of an employer, save and except that there is no requirement on the employee to give additional notice based on the age of the employee concerned.

9.2.2 If an employee fails to give the notice specified in 9.1.1 the employer has the right to withhold monies due to the employee to a maximum amount equal to the amount the employee would have received under 9.1.4.

9.3 Job search entitlement

Where an employer has given notice of termination to an employee, an employee shall be allowed up to one day’s time off without loss of pay for the purpose of seeking other employment. The time off shall be taken at times that are convenient to the employee after consultation with the employer.

9.4 Transmission of business

Where a business is transmitted from one employer to another, as set out in clause 8 - Redundancy, the period of continuous service that the employee had with the transmittor or any prior transmittor is deemed to be service with the transmittee and taken into account when calculating notice of termination. However, an employee shall not be entitled to notice of termination or payment in lieu of notice for any period of continuous service in respect of which notice has already been given or paid for.

10. CLASSIFICATIONS AND WAGE RATES

[10.1 substituted by PR912392 PR923973 PR939033 PR953202; PR960077 ppc 11Nov05]

10.1 For employment involving the performance of duties as a Veterinary Surgeon the minimum annual salaries and classification definitions, described herein, shall apply. Classification levels relate to the performance of duties at that level.

10.1.1 This classification structure does not provide for a fixed and compulsory progression through all levels within the classification structure. Progression through levels is based on skill and the performance of required responsibilities. Further, certain levels will not be applicable to all veterinary practices. In particular level 4 will only have application at those veterinary practices which provide an opportunity for an Associate to perform the required duties attached to that level.

Note: “Supervision” as referred to at Level 1 does not require the more experienced Veterinary Surgeon to be present at all times. It means that the Level 1 Associate has access to guidance and assistance on normal tasks. This could be in person, or by telephone, or some other suitable arranged communication (e.g. advice prior to performing task and feedback after the task is completed).

10.2 Arbitrated safety net adjustment

[10.2 substituted by PR912392 PR923973 PR939033 PR953202; PR960077 ppc 11Nov05]

The rates of pay in this award include the arbitrated safety net adjustment payable under the Safety Net Review—Wages June 2005 decision [PR002005]. This arbitrated safety net adjustment may 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 certified agreements, currently operating enterprise flexibility agreements, Australian workplace agreements, award variations to give effect to enterprise agreements and overaward arrangements. Absorption which is contrary to the terms of an agreement is not required.

Increases made under previous National Wage Case principles or under the current Statement of Principles, excepting those resulting from enterprise agreements, are not to be used to offset arbitrated safety net adjustments.

10.3 Part-time Associates shall receive at least a pro-rata amount based on the minimum hourly rate for the Associate’s classification.

10.4 The Casual Associate is entitled to a minimum 20% loading on salary above the minimum hourly rate for the Associate’s classification.

10.5 A Veterinary Surgeon undertaking a program of Residency or Internship shall receive payment, in accordance with this award for required practice duties.

10.5.1 At the commencement of the Residency/Internship an agreement shall be entered into which includes clarification of the following matters:

the goals of the program and the expectations of both parties

the time devoted to required practice duties and a mechanism to respond to additional requirements

the provision and type of structured training and supervision, and whether this includes formal teaching time (such as lectures and tutorials)

the access that the Resident/Intern will have to the practice for observation and study

10.5.2 For the purposes of this clause “required practice duties” means the agreed clinical duties and responsibilities of an Intern or Resident, other than those agreed duties and responsibilities primarily associated with the training program in which the Veterinary Surgeon is currently engaged.

10.5.3 Agreements under this clause must be recorded in writing and kept as part of the time and wages records kept by the Employer pursuant to Division 1 of Part 9A of the Workplace Relations Regulations .

10.6 The Employer shall pay their Associates at least monthly. This payment must include all earnings verified to the Employer at that date. It is the duty of the Employer to ensure that payment is made on a set day and preferably at a regular time. It is the duty of the Associate to provide all information concerning claims prior to processing of such payment.

10.7 Professional Development

10.7.1 To facilitate skill acquisition and career progression, an Associate is entitled to one week’s paid study leave, at the Ordinary Rate of Pay, for each completed year of service.

[10.7.2 corrected by PR907314 from 11Jul01]

10.7.2 The entitlements in clause 10.7.1 may accumulate up to two weeks, but unused entitlements shall not be paid on termination. Agreement to utilise these entitlements during employment shall not be unreasonably withheld.

10.7.3 The Employer and the Associate should agree on criteria for professional development having regard to the cost, accessibility and availability of courses relevant to the practice needs and the number of veterinarians seeking such opportunity.

10.7.4 The Employer shall pay any course registration fees for agreed professional development activities. The Employer, at its discretion, may agree with Associate to pay for other expenses relating to these activities (travel, accommodation, etc).

10.7.5 Nothing in this clause shall prevent an Employer and an Associate from entering into an agreement to reimburse an Employer’s payment for professional development activities should the Associate resign from employment within a year of such activity.

10.7.6 Where the Employer pays course registration fees, the Associate has the duty to disseminate the knowledge gained to other members of the practice in which he/she is employed. All conference publications from paid courses remain the property of the Employer.

10.7.7 The Employer may pay a Permanent Associates Veterinary Board Registration fee, and/or the membership fee of the Australian Veterinary Association Ltd, when such fees become due.

10.7.8 On request, the Employer shall provide all Associates, including Part-time and Casual Associates, with written proof that the Employer holds professional indemnity and public liability insurance to cover the Associate in relation to the exercise of the Associate’s duties with the Employer.

11. ALLOWANCES

11.1 Communication Systems

11.1.1 Where an Employer requires an Associate to use a communication system, the Employer shall reimburse the Associate for the cost of purchasing such equipment, unless the Employer elects to provide the system. The Employer shall provide an allowance to meet the system’s running costs for practice usage.

11.1.2 Where an Associate is required to perform On-Call Duty, a communication system shall be provided in accordance with the preceding paragraph so that the Associate is able to remain available without being restricted to one location, provided such location is:

11.1.2(i) Within effective communication zones at all times; and

11.1.2(ii) Within reasonable access to the practice location.

11.2 Higher Duties Allowance

When an Associate is required to perform duties at a higher classification level for a temporary period of more than two weeks, the Associate shall receive an allowance at the level necessary to increase the salary received to the minimum award salary for the higher classification of duties for the period for which those duties were performed.

11.3 Clothing and Laundry Allowance

[11.3 varied by PR912392 PR923973 PR939033 PR953202 PR960077 PR975533 PR979275; PR984263 ppc 01Oct08]

Where the Employer requires a uniform to be worn, the Employer shall provide an allowance equivalent to the cost thereof and a laundry allowance of at least $6.51 per week unless the Employer reaches agreement with the Associate that the Employer shall provide and launder such clothing. In these circumstances the allowances provided herein shall not be payable and the clothing remains the property of the Employer.

11.4 Travelling

11.4.1 Where travel is required in the performance of duties, the Employer shall meet all reasonable expenses.

[11.4.2 varied by PR912392 PR923973 PR939033 PR953202 PR960077 PR975533; PR984263 ppc 01Oct08]

11.4.2 Where an Associate maintains a motor vehicle and is required by the Employer to use the vehicle in the performance of duties, he/she shall be paid a minimum allowance as follows:

11.4.3 Nothing in this clause shall prevent the Employer and the Associate from agreeing to provide equivalent or greater compensation to the Associate through means other than the direct payment of allowances, such as salary packaging.

11.4.4 Agreements under this clause must be recorded in writing and kept as part of the time and wages records kept by the Employer pursuant to Division 1 of Part 9A of the Workplace Relations Regulations.

11.5 For the purposes of sub-clause 11.4, “required in the performance of duties” includes travel additional to one return trip between the Associate’s place of residence and the place of work in any one day and travel between different locations of a practice.

12. SUPERANNUATION

12.1 The Employer shall make contributions into approved superannuation funds in line with legislative requirements.

12.1.1 An Associate’s superannuation entitlements shall be determined in accordance with federal legislation as varied from time to time. The following table reflects the parties view of the key aspects of those entitlements at the time of this Award coming into effect:

12.1.2 The Associate shall nominate an approved fund and will advise the Employer. If the Associate transfers funds, then he/she will pay for the administrative fees associated with the change.

12.2 Recommended funds for superannuation contributions include the Professional Employees Superannuation Fund (PESF) and GuildSuper which provide portability of membership for Associates in the industry.

13. HOURS OF WORK

13.1 Number and Spread of Hours

13.1.1 The ordinary hours of work are 38 hours per week. The spread of ordinary hours is between 6.00 am and 9.00 pm on any day of the week, i.e. Monday to Sunday. The spread of ordinary hours may be altered by agreement between the employer and the Associate.

13.1.1(i) Agreements under this clause must be recorded in writing and kept as part of the time and wages records kept by the Employer pursuant to Division 1 of Part 9A of the Workplace Relations Regulations.

13.1.2 The maximum length of the ordinary hours for any one shift should not exceed 10 hours plus meal breaks.

13.1.3 Time taken for travel required in the performance of duties, except for Active On-Call Duty, shall contribute to hours of work. “Required in the performance of duties” includes travel additional to one return trip between the Associate’s place of residence and the place of work in any one day and travel between different locations of a practice.

13.2 Meal Breaks

Employers shall provide an unpaid meal break of at least half an hour at intervals of not more than every five hours.

13.3 Days Off/Time in Lieu

13.3.1 Permanent Associates should receive a minimum of three full days off per fortnight.

13.3.2 Days off and time in lieu shall accumulate if not given. However, if these days are not used within six weeks they shall be paid out at the Associate’s Ordinary Rate of Pay.

13.4 Rosters

All daily work rosters should be published at least one month in advance. All annual holiday and public holiday rosters should be published at least two months in advance. All Rosters should include a system of rotation agreed between all parties in order to ensure that working arrangements, Extra Hours of Duty, On-Call Duty and public holidays are fairly distributed. Once published, rosters should not be altered except by mutual agreement or in response to unforeseen events which materially affect the ability of the practice to meet commitments.

14. EXTRA HOURS OF WORK

14.1 Employers will compensate for time worked in addition to 38 hours per week, excepting when the Associate is On-Call, either by:

granting additional remuneration at a single time rate; or

granting time off in lieu on an hour for hour basis if agreed by the Associate.

14.2 Associates will be responsible for initiating claims for payment under this clause unless other mechanisms for payment are agreed between the Employer and the Associate.

14.3 Associates may, by agreement with their Employer, receive an annual allowance in lieu of some or all of the amounts otherwise payable under 14.1 provided that the allowance, plus any other payments for extra hours, calculated over a calendar year, are not less than would otherwise have been payable, but for this sub-clause.

14.3.1 Agreements under this clause must be recorded in writing and kept as part of the time and wages records kept by the Employer Pursuant to Division 1 of Part 9A of the Workplace Relations Regulations.

14A. REASONABLE OVERTIME

[14A inserted by PR923973 ppc 08Nov02]

14A.1 Subject to clause 14A.2 an employer may require an employee to work reasonable overtime at overtime rates as specified in clause 14.1 - Extra Hours of Work or have time off in lieu of payment for overtime as per clause 14.1 - Extra Hours of Work.

14A.2 An employee may refuse to work in circumstances where the working of overtime would result in the employee working hours which are unreasonable having regard to:

14A.2.1 any risk to employee health and safety;

14A.2.2 the employee’s personal circumstances including any family responsibilities;

14A.2.3 the needs of the workplace or enterprise;

14A.2.4 the notice (if any) given by the employer of the overtime and by the employee of his or her intention to refuse it: and

14A.2.5 any other relevant matter.

15. ON-CALL DUTY

[15.1 varied by PR912392 PR923973 PR939033 PR953202 PR960077 PR975533 PR979275; PR984263 ppc 01Oct08]

15.1 Where an Associate is required to be On-Call a minimum amount of $32.25 will be paid for each period of such duty. If continuous On-Call Duty is required, a new period of such duty shall be deemed to commence each 24 hours.

15.2 Should an Associate perform Active On-Call Duty, the amount payable under this clause will be increased to at least 50% of the professional fee charged for the work undertaken whilst On-Call. “Professional fee” includes at least the total fee charged for consultations, surgery time and/or the procedure rate.

15.3 By agreement On-Call remuneration can be compensated by one or a combination of the following:

payment

time in lieu on single time rate equivalent to the amount earned under this clause

an annual allowance not less than what otherwise would have been payable but for this sub-clause

15.3.1 Agreements under this clause must be recorded in writing and kept as part of the time and wages records kept by the Employer pursuant to Division 1 of Part 9A of the Workplace Relations Regulations.

16. ANNUAL LEAVE

16.1 Permanent Associates are entitled to a minimum of four weeks annual leave for each year of service.

[16.2 substituted by PR915240 ppc 13Mar02]

16.2 Annual leave is to be paid at the ordinary rate of pay and, in addition, the associate shall be paid a loading of 17.5% of his/her entitlement, calculated at the ordinary rate of pay. Unused annual leave is cumulative and is to be paid as a lump sum on termination of employment.

16.3 The time and amount of annual leave taken in any one period should be arrived at by mutual consent. When an Employer insists on leave being taken at a specific time, then this leave shall not be less than four consecutive weeks unless the Associate agrees, and the Associate should be notified well in advance.

16.4 If an Associate so requests, the Associate shall be paid for annual leave prior to taking such leave.

16.5 If a Public Holiday falls within an Associate's Annual Leave, then the Associate will be due for equivalent time off in lieu. This day shall be recredited to the Associate's annual leave unless otherwise agreed to by both parties.

16.6 Where an Associate is paid on the basis of a base salary plus a percentage of gross or other incentive scheme, fair consideration should be given to as to what salary will be paid whilst on Annual Leave.

[16.7 inserted by PR968927 ppc 17Feb06]

16.7 To assist employees in balancing their work and family responsibilities, an employ may elect, with the consent of the employer, to accrue and carry forward any amount of annual leave for a maximum of two years from the date of entitlement.

[16.8 inserted by PR968927 ppc 17Feb06]

16.8 An employee may elect, with the consent of their employer, to take annual leave in single days, up to a maximum of 10 single days in any year.

17. PERSONAL LEAVE

[17 substituted by PR968927 ppc 17Feb06]

The provisions of this clause apply to full-time and regular part-time employees, but do not apply to casual employees.

17.1 Amount of paid personal leave

17.1.1 Paid personal leave will be available to an employee when they are absent due to:

personal illness or injury (sick leave) or

for the purposes of caring for an immediate family or household member that is sick and requires the employee’s care and support.

17.1.2 The amount of personal leave to which a Permanent Associate is entitled depends on how long he or she has worked for the Employer and accrues as follows:

17.1.3 In any year unused personal leave accrues by the balance of that year’s unused personal leave.

17.1.4 When taking paid personal leave, an employee must give the employer notice at the earliest opportunity and an estimate of the length of absence.

17.1.5 An employee must, if required by the employer, provide the proof of entitlement such as a medical certificate or statutory declaration.

17.2 Definition

17.2.1 The entitlement to personal leave is subject to the person in respect of whom the leave is taken being either:

17.2.1(a) a member of the employee’s immediate family; or

17.2.1(b) a member of the employee’s household.

17.2.2 The term immediate family includes:

17.2.2(a) spouse (including a former spouse, a de facto spouse and a former de facto spouse) of the employee. A de facto spouse means a person of the opposite sex to the employee who lives with the employee as his or her husband or wife on a bona fide domestic basis; and

17.2.2(b) child or an adult child (including an adopted child, a step child or an ex-nuptial child), parent, grandparent, grandchild or sibling of the employee or spouse of the employee.

17.3 Personal leave for personal injury or sickness

An employee other than a casual may use the full amount of their personal leave for the purposes of personal illness or injury, subject to the conditions set out in this clause.

17.3.1 Replacing annual leave with personal leave

Sick leave shall apply to an employee who suffers personal ill health or injury during the time when he or she is absent on annual leave. An employee may then apply for, and on receipt of a medical certificate or statutory declaration, the employer shall grant, paid personal leave in place of annual leave.

17.4 Personal leave to care for an immediate family or household member

17.4.1 An employee other than a casual is entitled to all of their personal leave entitlements to care for members of his or her immediate family or household who are sick and require care and support. This entitlement is subject to the employee being responsible for the care and support of the person concerned. In normal circumstances an employee is not entitled to take personal leave where another person has taken leave to care for the same person.

17.4.2 An employee may take unpaid carer’s leave by agreement with the employer. In the absence of agreement, the employee is entitled to take up to two days of unpaid leave per occasion.

17.5 Evidence supporting claim

When taking leave to care for members of their immediate family or household who require care due to an unexpected emergency, the employee must, if required by the employer, establish by production of documentation acceptable to the employer or a statutory declaration, the nature of the emergency and that such an emergency resulted in the person concerned requiring care by the employee.

17A. BEREAVEMENT LEAVE

[17A inserted by PR968927 ppc 17Feb06]

17A.1 An employee is entitled to two (2) days bereavement leave without loss of pay on each occasion.

17A.2 An employee is entitled to two (2) days unpaid bereavement leave on each occasion.

18. PARENTAL LEAVE

[18 corrected by PR907314 PR908821; substituted by PR968927 ppc 17Feb06]

Subject to the terms of this clause employees are entitled to maternity, paternity and adoption leave and to work part-time in connection with the birth or adoption of a child.

The provisions of this clause apply to full-time, regular part-time and eligible casual employees, but do not apply to other casual employees.

18.1 Eligible casual employee

18.1.1 An eligible casual employee means a casual employee:

18.1.1(a) employed by an employer on a regular and systematic basis for several periods of employment or on a regular and systematic basis for an ongoing period of employment during a period of at least 12 months; and

18.1.1(b) who has, but for the pregnancy or the decision to adopt, a reasonable expectation of ongoing employment.

18.1.2 For the purposes of this clause, ‘continuous service’ is work for an employer on a regular and systematic basis (including any period of authorised leave or absence).

18.1.3 An employer must not fail to re-engage a casual employee because:

18.1.3(a) the employee or employee’s spouse is pregnant; or

18.1.3(b) the employee is or has been immediately absent on parental leave.

18.1.4 The rights of an employer in relation to engagement and re-engagement of casual employees are not affected, other than in accordance with this clause.

18.2 Definitions

18.2.1 For the purpose of this clause child means a child of the employee under school age or a child under school age who is placed with the employee for the purposes of adoption, other than a child or step-child of the employee or of the spouse of the employee or a child who has previously lived continuously with the employee for a period of six months or more.

18.2.2 Subject to clause 18.2.3, in this clause, spouse includes a de facto or former spouse.

18.2.3 In relation to clause 18.6, spouse includes a de facto spouse but does not include a former spouse.

18.3 Basic entitlement

18.3.1 After twelve months continuous service, parents are entitled to a combined total of 52 weeks unpaid parental leave on a shared basis in relation to the birth or adoption of their child. For females, maternity leave may be taken and for males, paternity leave may be taken. Adoption leave may be taken in the case of adoption.

18.3.2 Subject to 18.5.6, parental leave is to be available to only one parent at a time, in a single unbroken period, except that both parents may simultaneously take:

18.3.2(a) for maternity and paternity leave, an unbroken period of up to one week at the time of the birth of the child;

18.3.2(b) for adoption leave, an unbroken period of up to three weeks at the time of placement of the child.

18.4 Right to request

18.4.1 An employee entitled to parental leave pursuant to the provisions in clause 18.3 may request the employers to allow the employee:

18.4.1(a) to extend the period of simultaneous unpaid parental leave provided for in clauses 18.3.2 up to a maximum of eight weeks;

18.4.1(b) to extend the period of unpaid parental leave provided for in clause 18.3.1 by a further continuous period of leave not exceeding 12 months;

18.4.1(c) to return from a period of parental leave on a part-time basis until the child reaches school age;

to assist the employee in reconciling work and parental responsibilities.

18.4.2 The employer shall consider the request having regard to the employee’s circumstances and, provided that the request is genuinely based on the employee’s parental responsibilities, may only refuse the request on reasonable grounds related to the effect on the workplace or the employer’s business. Such grounds might include cost, lack of adequate replacement staff, loss of efficiency and the impact on customer service.

18.4.3 The employee’s request and the employer’s decision made under clauses 18.4.1(a) and 18.4.1(b) must be recorded in writing.

18.4.4 When an employee wishes to make a request under clause 18.4 1(c), such a request must be made as soon as possible but no less than seven weeks prior to the date upon which the employee is due to return to work from parental leave.

18.5 Maternity leave

18.5.1 An employee must provide notice to the employer in advance of the expected date of commencement of parental leave. The notice requirements are:

18.5.1(a) of the expected date of confinement (included in a certificate from a registered medical practitioner stating that the employee is pregnant) - at least ten weeks;

18.5.1(b) of the date on which the employee proposes to commence maternity leave and the period of leave to be taken – at least four weeks.

18.5.2 When the employee gives notice under 18.5.1(a) the employee must also provide a statutory declaration stating particulars of any period of paternity leave sought or taken by her spouse and that for the period of maternity leave she will not engage in any conduct inconsistent with her contract of employment.

18.5.3 An employee will not be in breach of this clause if failure to give the stipulated notice is occasioned by confinement occurring earlier than the presumed date.

18.5.4 Subject to clause 18.3.1 and unless agreed otherwise between the employer and employee, an employee may commence parental leave at any time within six weeks immediately prior to the expected date of birth.

18.5.5 Where an employee continues to work within the six week period immediately prior to the expected date of birth, or where the employee elects to return to work within six weeks after the birth of the child, an employer may require the employee to provide a medical certificate stating that she is fit to work on her normal duties.

18.5.6 Special maternity leave

18.5.6(a) Where the pregnancy of an employee not then on maternity leave terminates after 28 weeks other than by the birth of a living child, then the employee may take unpaid special maternity leave of such periods as a registered medical practitioner certifies as necessary.

18.5.6(b) Where an employee is suffering from an illness not related to the direct consequences of the confinement, an employee may take any paid sick leave to which she is entitled in lieu of, or in addition to, special maternity leave.

18.5.6(c) Where an employee not then on maternity leave suffers illness related to her pregnancy, she may take any paid sick leave to which she is then entitled and such further unpaid special maternity leave as a registered medical practitioner certifies as necessary before her return to work. The aggregate of paid sick leave, special maternity leave and parental leave, including parental leave taken by a spouse, may not exceed 52 weeks.

18.5.7 Where leave is granted under clause 18.5.4, during the period of leave an employee may return to work at any time, as agreed between the employer and the employee provided that time does not exceed four weeks from the recommencement date desired by the employee.

18.6 Paternity leave

18.6.1 An employee will provide to the employer at least ten weeks prior to each proposed period of paternity leave, with:

18.6.1(a) a certificate from a registered medical practitioner which names his spouse, states that she is pregnant and the expected date of confinement, or states the date on which the birth took place; and

18.6.1(b) written notification of the dates on which he proposes to start and finish the period of paternity leave; and

18.6.1(c) except in relation to leave taken simultaneously with the child’s mother under 18.3.2(a) or 18.4.1(a) a statutory declaration stating:

18.6.1(c)(i) he will take that period of paternity leave to become the primary care-giver of a child;

18.6.1(c)(ii) particulars of any period of maternity leave sought or taken by his spouse; and

18.6.1(c)(iii) that for the period of paternity leave he will not engage in any conduct inconsistent with his contract of employment.

18.6.2 The employee will not be in breach of clause 18.6.1 if the failure to give the required period of notice is because of the birth occurring earlier than expected, the death of the mother of the child, or other compelling circumstances.

18.7 Adoption leave

18.7.1 The employee will notify the employer at least ten weeks in advance of the date of commencement of adoption leave and the period of leave to be taken. An employee may commence adoption leave prior to providing such notice, where through circumstances beyond the control of the employee, the adoption of a child takes place earlier.

18.7.2 Before commencing adoption leave, an employee will provide the employer with a statutory declaration stating:

18.7.2(a) the employee is seeking adoption leave to become the primary care-giver of the child;

18.7.2(b) particulars of any period of adoption leave sought or taken by the employee’s spouse; and

18.7.2(c) that for the period of adoption leave the employee will not engage in any conduct inconsistent with their contract of employment.

18.7.3 An employer may require an employee to provide confirmation from the appropriate government authority of the placement.

18.7.4 Where the placement of a child for adoption with an employee does not proceed or continue, the employee will notify the employer immediately and the employer will nominate a time not exceeding four weeks from receipt of notification for the employee’s return to work.

18.7.5 An employee will not be in breach of this clause as a consequence of failure to give the stipulated periods of notice if such failure results from a requirement of an adoption agency to accept earlier or later placement of a child, the death of a spouse, or other compelling circumstances.

18.7.6 An employee seeking to adopt a child is entitled to unpaid leave for the purpose of attending any compulsory interviews or examinations as are necessary as part of the adoption procedure. The employee and the employer should agree on the length of the unpaid leave. Where agreement cannot be reached, the employee is entitled to take up to two days unpaid leave. Where paid leave is available to the employee, the employer may require the employee to take such leave instead.

18.8 Variation of period of parental leave

Where an employee takes leave under 18.3.1 or 18.4.1(b), unless otherwise agreed between the employer and employee, an employee may apply to their employer to change the period of parental leave on one occasion. Any such change is to be notified as soon as possible but no less than four weeks prior to the commencement of the changed arrangements.

18.9 Parental leave and other entitlements

An employee may in lieu of or in conjunction with parental leave, access any annual leave or long service leave entitlements which they have accrued subject to the total amount of leave not exceeding 52 weeks.

18.10 Transfer to a safe job

18.10.1 Where an employee is pregnant and, in the opinion of a registered medical practitioner, illness or risks arising out of the pregnancy or hazards connected with the work assigned to the employee make it inadvisable for the employee to continue at her present work, the employee will, if the employer deems it practicable, be transferred to a safe job at the rate and on the conditions attaching to that job until the commencement of maternity leave.

18.10.2 If the transfer to a safe job is not practicable, the employee may elect, or the employer may require the employee to commence parental leave for such period as is certified necessary by a registered medical practitioner.

18.11 Returning to work after a period of parental leave

18.11.1 An employee will notify of their intention to return to work after a period of parental leave at least four weeks prior to the expiration of the leave.

18.11.2 An employee will be entitled to the position which they held immediately before proceeding on parental leave. In the case of an employee transferred to a safe job pursuant to clause 18.10, the employee will be entitled to return to the position they held immediately before such transfer.

18.11.3 Where such position no longer exists but there are other positions available which the employee is qualified for and is capable of performing, the employee will be entitled to a position as nearly comparable in status and pay to that of their former position.

18.11 Replacement employees

18.12.1 A replacement employee is an employee specifically engaged or temporarily promoted or transferred, as a result of an employee proceeding on parental leave.

18.12.2 Before an employer engages a replacement employee the employer must inform that person of the temporary nature of the employment and of the rights of the employee who is being replaced.

18.13 Communication during parental leave

18.13.1 Where an employee is on parental leave and a definite decision has been made to introduce significant change at the workplace, the employer shall take reasonable steps to:

18.13.1(a) make information available in relation to any significant effect the change will have on the status or responsibility level of the position the employee held before commencing parental leave; and

18.13.1(b) provide an opportunity for the employee to discuss any significant effect the change will have on the status or responsibility level of the position the employee held before commencing parental leave; and

18.13.2 The employee shall take reasonable steps to inform the employer about any significant matter that will affect the employee’s decision regarding the duration of parental leave to be taken, whether the employee intends to request to return to work and whether the employee intends to request to return to work on a part-time basis.

18.13.3 The employee shall also notify the employer of changes of address or other contact details which might affect the employer’s capacity to comply with 18.13.1.

19. JURY SERVICE

19.1 A Permanent Associate required to attend jury service during ordinary hours may be provided an allowance equivalent to the differences between the amount paid for such jury service and the amount of wages the Associate would have received in respect of the ordinary pay worked had the Associate not been on jury service for a period up to ten working days.

19.2 An Associate will notify the Employer as soon as practicable of the date the Associate is required to attend jury service. An Associate will give the Employer proof of attendance, the duration of attendance and the amount received for jury service.

20. PUBLIC HOLIDAYS

[20 substituted by PR912479 ppc 11Dec01]

20.1 Public Holidays.

Full-time and part-time associates shall be entitled, without loss of pay to holidays on the following days:

20.1.1 New Year's Day, Good Friday, Easter Saturday, Easter Monday, Christmas Day and Boxing Day; and

20.1.2 The following days (as prescribed in the relevant States, Territories and localities), Australia Day, Anzac Day, Queen's Birthday and Eight Hours' Day or Labour Day; and

20.1.3 One other day to be specified according to State, Territory or locality or on some other basis.

20.2 Holidays in lieu

20.2.1 When Christmas Day is a Saturday or a Sunday, a holiday in lieu thereof shall be observed on 27 December.

20.2.2 When Boxing Day is a Saturday or a Sunday, a holiday in lieu thereof shall be observed on 28 December.

20.2.3 When New Year's Day or Australia Day is a Saturday or Sunday, a holiday in lieu thereof shall be observed on the next Monday.

20.2.4 Where in a State, Territory or locality, public holidays are declared or prescribed on days other than those set out in 20.1.1, 20.1.2 and 20.1.3 above, those days shall constitute additional holidays for the purpose of this award.

20.3.1 By agreement between the employer and the majority of Associates in the relevant enterprise or section of the enterprise, an alternative day may be taken as the public holiday in lieu of any of the prescribed days.

20.3.2 An employer and an individual Associate may agree to the Associate taking another day as the public holiday in lieu of the day which is being observed as the public holiday in the enterprise or relevant section of the enterprise.

20.4 By agreement associates may work on prescribed public holidays or on substitute days.

20.5 Full-Time Associates who do not regularly work a five-day, Monday-Friday week.

20.5.1 Such an associate will not be disadvantaged by the fact that a prescribed holiday falls upon a day when the associate would not be working. The appropriate compensation is:

20.5.1(a) An alternative day off; or

20.5.1(b) An additional of one day to annual leave; or

20.5.1(c) An additional day’s wages.

20.5.2 Where a full-time associate normally works on Saturdays and/or Sundays and a public holiday falls on the weekend and is the subject of a substitution provision, the associate shall either:

20.5.2(a) Have the actual day off without loss of pay, with no additional entitlement to the substitute day; or

20.5.2(b) If required to work on the actual day, be paid the normal Saturday or Sunday rate and be entitled to the substitute day, or if the substitute day falls on the associate’s normal day off, an alternative day off (as per subclause 20.5.1 above).

20.5.2(c) If required to work on both the actual day and the substitute day be paid the normal Saturday and Sunday rate for work on the actual day and in recognition of the work performed on the substitute day receive either:

20.5.2(c)(i) An alternative day off; or

20.5.2(c)(ii) An addition of one day to annual leave; or

20.5.2(c)(iii) Payment of public holidays rates for the day’s work.

20.5.3 For the purpose of this subclause an alternative day off, an addition of one day to annual leave or an additional days’ wages shall mean 7.6 hours.

20.5.4 Full-time associates who do not work a five day week should get the hours that they work and 7.6 hours where holidays fall on days they do not work.

20.6 Non-Casual Part-Time Associates

20.6.1 Where the normal roster of a part-time associate includes a day which is a holiday the associate should either enjoy the holiday without loss of pay or receive the appropriate public holiday rate for working on it.

20.6.2 Where a part-time associate normally works on Saturdays and/or Sundays and a public holiday falls on the weekend and is the subject of a substitution provision, the associate shall either:

20.6.2(a) Have the actual day off without loss of pay, with no additional entitlement to the substitute day; or

20.6.2(b) If required to work on the actual day, be paid at the normal Saturday or Sunday rate and be entitled to take another day, which may or may not be the prescribed substitute day, as a holiday or receive payment at ordinary-time rates for an additional day of equal length.

20.6.3 A part-time associate who works an average five days per week, but whose roster is not a regular Monday to Friday roster, will not be disadvantaged by the fact that a prescribed holiday falls upon a day when the associate would not be working. The appropriate compensation is:

20.6.3(a) An alternative day off; or

20.6.3(b) An addition of one day to annual leave; or

20.6.3(c) An additional day’s wages.

20.6.4 For the purposes of this subclause day off shall mean the average number of hours rostered per day by the associate in the four week cycle prior to the public holiday.

20.7 When Christmas Falls On A Saturday Or Sunday

Permanent full-time and part-time associates required to work on 25 December shall receive the Saturday or Sunday rate (as appropriate) plus a loading of 50 per cent (of the ordinary time rate) and be entitled to the benefit of a substitute day.

20.8 Public Holiday Rate

The rate for work performed on public holidays is double time.

20.9 Casual Associates

Casual associates will be paid at the rate of double time for all work performed on prescribed public holidays. This provision does not apply to substitute days.

21. LONG SERVICE LEAVE

21.1 Employers shall meet their long service leave obligations in accordance with relevant legislation.

21.2 An Associate’s Long Service Leave Entitlements shall be determined in accordance with state legislation as varied from time to time. The following table reflects the parties view of the key aspects of those entitlements at the time of this Award coming into effect:

(*termination must be due to necessity, retirement, etc...)

22. WORKERS COMPENSATION

22.1 An Associate’s workers compensation entitlements shall be determined in accordance with state legislation as varied from time to time. Relevant legislation at the time of this Award coming into effect is as follows:

SA Workers Rehabilitation and Compensation Act 1986

NSW Workers Compensation Act 1987

ACT Workers Compensation Act 1951

VIC Accident Compensation Act 1985

WA Workers Compensation and Rehabilitation Act 1981

TAS Workers Rehabilitation and Compensation Reform Act 1995

NT Work Health Act 1996

QLD Workcover Queensland Act 1996

APPENDIX 1 - RESPONDENTS

QUEENSLAND

Dr James Orr
Innisfail/Tully Veterinary Surgery
Marlin Coast Veterinary Surgery

NEW SOUTH WALES

Albury Veterinary Hospital
Burwood Road Veterinary Clinic
Cannon/Ball
Caringbah Veterinary Hospital
Castle Hill Veterinary Hospital
Casula Veterinary Hospital
Cowra Veterinary Centre
Crown Street Veterinary Hospital
Fox Valley Animal Hospital
Ku-ring-gai Veterinary Hospital
North Shore Veterinary Hospital
Orange Veterinary Hospital
Randwick Veterinary Hospital
Riverview Veterinary Clinic
Riverstone Veterinary Clinic
Ross Pedrana and Partner
St George Animal Hospital
Sutherland Veterinary Clinic
Tamworth Veterinary Hospital
Wollongong Veterinary Hospital

VICTORIA

Ballarat Veterinary Practice
Boronia Veterinary Clinic
Bundoora Veterinary Clinic
Cleelands Veterinary Clinic
Derrimut Road Veterinary Clinic
Greensborough Veterinary Hospital
Heritage Vet Clinic
Karingal Veterinary Hospital
Knox Veterinary Clinic
Maffra Veterinary Group
Moorabbin Veterinary Hospital
Barratt & Associates
Tarwin Veterinary Group
Vetcall, Mark Collier & Associates
Warrnambool Veterinary Clinic

SOUTH AUSTRALIA

Beach Road Veterinary Hospital
Fullarton Vet Clinic
Gawler Veterinary
Magill Road Veterinary Hospital
Marion Small Animal Hospital
Modbury North Veterinary Clinic
P Boyd Turner, RJ Carr, F McShane, N Derwas
Port Road West Croydon Veterinary Clinic
Ridgehaven Veterinary Clinic
Salisbury Park Veterinary Hospital
Stirling Veterinary Clinic
Tea Tree Gully Veterinary Hospital
Willunga Veterinary Service
Wynn Vale Veterinary Hospital

WESTERN AUSTRALIA

Applecross Veterinary Centre
Armadale-Byford Veterinary Hospital, Dr JRS Forbes, Dr DG Bennell, Dr M Wildie & Associates
Ascot Veterinary Hospital
Balcatta Veterinary Hospital
Belmont Horse Hospital
Central Fremantle Animal Hospital
Connolly Veterinary Hospital
Cottlesloe Animal Hospital
Jandakot Vet Hospital
Lynwood Veterinary Clinic
Malibu Veterinary Hospital
Midland Veterinary Centre
Midvale Veterinary Centre
Morley Veterinary Hospital & Cat Clinic, Dr McDonald & Associates
Mundaring Veterinary Hospital Pty Ltd
Port Kennedy Veterinary Hospital, Dr Don
RE Fenny
St Francis Veterinary Hospital Pty Ltd
Victoria Park Veterinary Clinic

ROPING IN AWARD NO 1 OF 2000

[Roping in award No 1 of 2000 inserted by T4647 from 28Nov00]

1. TITLE

This award shall be known as the Veterinary Surgeons – (Roping-in No 1) Award 2000.

2. PARTIES BOUND

This award shall be binding on

2.1 The Association of Professional Engineers, Scientists and Managers, Australia; and

2.2 The employers listed in Schedule ‘A’ hereof but not in respect of the employment of the employees listed in Schedule ‘B’ hereof whilst their wages and conditions of employment are governed by the Workplace Agreements registered under the Workplace Agreements Act 1993 (Western Australia) and identified as exhibits F6, F9, F10 and F11 respectively in matter C No. 60198 of 2000.

3. APPLICATION

The provisions of the Veterinary Surgeons Interim Award 1998 as varied from time to time shall apply to and be binding on the parties to this Award.

4. SAVINGS PROVISIONS

No employee shall, as a result of the making of this award, suffer any loss of existing wages or other benefits to which the employee was entitled to prior to the date of the coming into operation of this award.

5. DATE OF OPERATION

This award shall come into force from the 28 November 2000 and shall remain in force for twelve (12) months.

SCHEDULE A LIST OF RESPONDENTS
SCHEDULE B LIST OF EXEMPTIONS

Schedule ‘A’

C. No. 38146 of 1999 – Respondency List

Schedule ‘B’ – Exemptions

Rockingham Veterinary Clinic

Dr Peter Hughes

Spearwood Veterinary Hospital

Dr Allan Roberts

Dr Rita Perry

Dr Sharelle Golding

DECLARATION - AUSTRALIAN CAPITAL TERRITORY

[Common rule declared by PR910752 from 10Oct01]

1. That the whole of the terms of the Veterinary Surgeons Award 2001 as varied be a common rule of the Australian Capital Territory for the industry and/or the industrial pursuits of the veterinary science industry and shall be binding on all employers in the said industry in respect of the employment by them of persons employed as Veterinary Associates as defined in the said award and shall also be binding on all such employees.

2. That this declaration shall operate from 10 October 2001.

DECLARATION - VICTORIA

[Common rule declared by PR953381 from 01Jan05]

Further to the decision issued by the Commission on 14 December 2004 [AW808971CRA PR953507] and pursuant to ss. 141 and 493A of the Workplace Relations Act 1996 (the Act), the Commission makes the following declaration for a common rule award:

1. In this Declaration:

1.1 the award means the Veterinary Surgeons Award 2001 as varied from time to time;

1.2 employees means employees in the industry who perform work of a kind that is covered by the award but not a person who is a Veterinary Surgeon who employs other Veterinary Surgeons and/or Veterinary Associates.

1.3 employers means employers who employ employees;

1.4 the industry means the employment of Veterinary Surgeons and Veterinary Associates by Veterinary Employers.

2. That save for and subject to the matters referred to in clauses 4 to 8 below, the whole of the terms of the award except those specified in clause 3 below, shall be;

2.1 a common rule for the industry in Victoria and known as the Veterinary Surgeons Victorian Common Rule Declaration 2005.

2.2 binding on all employers in respect of the employment by them of employees;

2.3 binding on all employees; and

2.4 binding on the Association of Professional Engineers, Scientists and Managers, Australia.

3. The following clauses of the award are not included in the Veterinary Surgeons Victorian Common Rule Declaration 2005:

3.1 sub-clauses – 5.1, 5.2.1 and 5.2.2 of Clause 5 – Operation of award, in so far as it refers to employers bound by the Award,.

4. The Veterinary Surgeons Victorian Common Rule Declaration 2005 shall not apply to:

4.1 Persons employed in Federal or State Government departments or instrumentalities, or Local Government authorities.

5. Subject to 5.1 to 5.5 below, all provisions in the Veterinary Surgeons Victorian Common Rule Declaration 2005 are to operate from 1 January 2005.

5.1 With respect to annual leave, only periods of annual leave commencing on or after 31 January 2005 attract leave loading.

5.2 With respect to redundancy payments for employees of employers who have less than 15 employees, only service on or after 1 January 2005 is to be taken into account for the purpose of calculating “service”.

5.3 With respect to redundancy payments for employees of employers who have 15 employees or more, only service on or after 1 January 2004 is to be taken into account for the purpose of calculating “service”. [ Note: the agreement in respect of this issue is without prejudice to the position a party may put in roping-in proceedings.]

5.4 Any accident make-up pay clause is to apply in relation to any injury on or after 3 August 2004.

5.5 The wages clauses (including all allowances and penalty payments) are to commence operation from the first pay period on or after Monday 3 January 2005 provided that in all cases the wages clauses commence operation no later than 5 January 2005.

6. The Veterinary Surgeons Victorian Common Rule Declaration 2005 shall not apply to employers respondent by any means to any other award of the Commission in respect of the employment by them of employees covered by that award.

7. This declaration shall not apply to a person with a disability who is eligible for a Disability Support Pension and who is employed by a supported employment service that receives funding under the Disability Services Act 1986 (Cth) to provide support for that person. [See Note 1 below.]

8 An employer who is making superannuation contributions into a complying superannuation fund, within the meaning of the Superannuation Industry (Supervision) Act 1993 (Cth), on behalf of an employee covered by this declaration prior to the date of effect of this declaration is exempt from any provision in the award which specifies the fund or funds into which superannuation contributions are to be paid. [See Note 2 below.]

9. In the event of a dispute about the entitlement of an employer to set-off entitlements and benefits required to be provided under a contract of employment made prior to the date of this declaration against entitlements and benefits required to be provided under the Veterinary Surgeons Victorian Common Rule Declaration 2005, the matter may be referred to a Board of Reference consisting of a Member of the Commission which shall determine whether or not such a set-off should be permitted having regard to what is fair and equitable in all the circumstances of the case, without regard to technicalities and legal forms.

9.1 An appeal lies from a decision of a Board of Reference to a Full Bench of the Commission.

9.2 This clause shall apply for a period of twelve months from the commencement date of the Veterinary Surgeons Victorian Common Rule Declaration 2005.

9.3 Any registered organisation bound by the terms of the Veterinary Surgeons Victorian Common Rule Declaration 2005 shall be notified of the time and date of hearing in relation to any application made pursuant to this provision.

10. Nothing in this declaration reduces or in any way detracts from any accrued rights to any forms of leave including sick leave, annual leave, long service leave or parental leave to which employees or any of them have become entitled by accrual or otherwise prior to the commencement date in clause 11 below.

11. This declaration shall be an award of the Commission, shall come into force on 1 January 2005 and shall remain in force for a period of 3 months and thereafter in accordance with the Act. [See Note 3 below.]

Note 1

1. Disability Support Pension means the Commonwealth pension scheme to provide income security for persons with a disability as provided for under the Social Security Act 1991 (Cth), as amended from time to time, or any successor to that scheme.

2. The intention of this provision is limited to preventing the award from applying to sheltered workshops (i.e. supported employment services) – it does not prevent the award from applying to employees with disabilities in open employment.

3. Leave is reserved for any party to have this issue reconsidered in the light of any developments in the national process which is currently considering workplace relations issues for sheltered workshops. This national process includes the Disability Sector National Consultative Council and any related applications that seek award coverage for sheltered workshops.

Note 2

1. The purpose of the exception above is to maintain the status quo in respect of employers who, as at the date of effect of the common rule declaration, are making superannuation contributions into a complying superannuation fund. These employers will not be required to change their existing arrangements. Nor will there be any requirement for the existing arrangements to be the subject of an agreement between the employer and employees. For the avoidance of doubt, the exception continues to apply to employers who are making superannuation contributions to complying superannuation funds which are successor funds (as defined in Regulation 1.03 of the Superannuation Industry (Supervision) Regulations 1994, or as amended or replaced by other legislation) into which benefits are transferred, after the date of effect of the common rule declaration, in accordance with the Superannuation Industry (Supervision) Act 1993 and the Regulations thereunder. Further, “existing arrangements” includes the making of contributions to such funds.

2 The exception is in respect of current and future employees of the employers who are entitled to the benefit of the exemption.

3. The exception does not apply to new businesses which are established after the date on which the award is declared to have effect as a common rule.

4. The exception only applies to employers who are required to apply the terms of the award by virtue of the Veterinary Surgeons Victorian Common Rule Declaration 2005. It does not apply to employers who are named respondents to the award or who are parties bound by virtue of the membership of an employer organisation.

5. The exception applies subject to any Commonwealth legislation to the contrary.

Note 3

Subject to s.113 of the Workplace Relations Act 1996 and any other order of the Commission, an award dealing with particular matters continues in force until a new award is made dealing with the same matters (see s.148 of the Workplace Relations Act 1996).

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