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Medical Practitioners Award 2020
This Fair Work Commission consolidated modern award incorporates all amendments up to and including 27 August 2024 (PR777258 and PR777993).
Clause(s) affected by the most recent variation(s):
11—Casual employees
13A—Employee right to disconnect
31—Dispute resolution
Table of Contents
[Varied by PR718141; PR746868, PR747348, PR750506, PR774737, PR777993]
Part 1— Application and Operation of this Award
3. The National Employment Standards and this award
5. Individual flexibility arrangements
6. Requests for flexible working arrangements
Part 2— Types of Employment and Classifications
12. Classification Definitions
13A. Employee right to disconnect
Part 5— Overtime and Penalty Rates
Part 6— Leave and Public Holidays
24. Personal/carer’s leave and compassionate leave
25. Parental leave and related entitlements
27. Family and domestic violence leave
Part 7— Workplace Delegates, Consultation and Dispute Resolution
28A Workplace delegates’ rights
29. Consultation about major workplace change
30. Consultation about changes to rosters or hours of work
Part 8— Termination of Employment and Redundancy
Schedule A —Summary of Monetary Allowances
Part 1—Application and Operation of this Award
1. Title and commencement
1.1 This award is the Medical Practitioners Award 2020.
1.3 A variation to this award does not affect any right, privilege, obligation or liability that a person acquired, accrued or incurred under the award as it existed prior to that variation.
[Varied by PR733885, PR774737, PR777258]
In this award, unless the contrary intention appears:
Act means the Fair Work Act 2009 (Cth).
all purposes means the payment will be included in the rate of pay of an employee who is entitled to the allowance, when calculating any penalties, loadings, payment while they are on annual leave and superannuation.
[Definition of casual employee inserted by PR733885 from 27Sep21; varied by PR777258 from 27Aug24]
casual employee has the meaning given by section 15A of the Act.
NOTE: Section 15A of the Act was amended with effect from 26 August 2024. Under clause 102(3) of Schedule 1 to the Act, an existing employee who was a casual employee of an employer under section 15A as it was immediately before that date is taken to be a casual employee of the employer for the purposes of section 15A after that date.
daily rate means the employee’s minimum annual salary for the class of work performed divided by 260.
defined benefit member has the meaning given by the Superannuation Guarantee (Administration) Act 1992 (Cth).
doctor in training means an Intern, Resident Medical Practitioner, Registrar or Senior Registrar.
employee means national system employee within the meaning of the Act.
[Definition of employee organisation inserted by PR774737 from 01Jul24]
employee organisation has the meaning given by section 12 of Act.
employer means national system employer within the meaning of the Act.
[Definition of enterprise inserted by PR774737 from 01Jul24]
enterprise has the meaning given by section 12 of the Act.
exempt public sector superannuation scheme has the meaning given by the Superannuation Industry (Supervision) Act 1993 (Cth).
medical practitioner has the meaning given in clause 4.2.
MySuper product has the meaning given by the Superannuation Industry (Supervision) Act 1993 (Cth).
NES means the National Employment Standards as contained in sections 59 to 131 of the Act.
on-hire means the on-hire of an employee by their employer to a client, where such employee works under the general guidance and instruction of the client or a representative of the client.
ordinary hourly rate means the hourly rate for the employee’s classification specified in clause 16.1, plus any allowances specified as being included in the employee’s ordinary hourly rate or payable for all purposes.
senior doctor means a Specialist, Senior Specialist, Principal Specialist, Senior Principal Specialist, Deputy Director of Medical Services or Director of Medical Services.
shiftworker means an employee who is regularly rostered to work their ordinary hours outside the ordinary hours of work of a day worker set out in clause 13.1(b).
[Definition of small business employer inserted by PR774737 from 01Jul24]
small business employer has the meaning given by section 23 of the Act.
standard rate means the minimum annual salary for a Senior Specialist—Pay point 1 in clause 16.1(i).
weekly rate means the employee’s minimum annual salary for the class of work performed divided by 52.
[Definition of workplace delegate inserted by PR774737 from 01Jul24]
workplace delegate has the meaning given by section 350C(1) of the Act.
3. The National Employment Standards and this award
3.1 The National Employment Standards (NES) and this award contain the minimum conditions of employment for employees covered by this award.
3.2 Where this award refers to a condition of employment provided for in the NES, the NES definition applies.
3.3 The employer must ensure that copies of this award and the NES are available to all employees to whom they apply, either on a notice board which is conveniently located at or near the workplace or through accessible electronic means.
4.1 This occupational award covers employers of medical practitioners throughout Australia in the classifications listed in clause 12—Classification Definitions to the exclusion of any other modern award.
4.3 This award covers any employer which supplies on-hire employees in classifications set out in clause 12—Classification Definitions and those on-hire employees, if the employer is not covered by another modern award containing a classification which is more appropriate to the work performed by the employee. Clause 4.3 operates subject to the exclusions from coverage in this award.
4.4 This award does not cover:
(a) employees excluded from award coverage by the Act;
(b) employees who are covered by a modern enterprise award or an enterprise instrument (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)), or employers in relation to those employees; or
(c) employees who are covered by a State reference public sector modern award or a State reference public sector transitional award (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)), or employers in relation to those employees.
4.5 Where an employer is covered by more than one award, an employee of that employer is covered by the award classification which is most appropriate to the work performed by the employee and to the environment in which the employee normally performs the work.
5. Individual flexibility arrangements
5.1 Despite anything else in this award, an employer and an individual employee may agree to vary the application of the terms of this award relating to any of the following in order to meet the genuine needs of both the employee and the employer:
(a) arrangements for when work is performed; or
(b) overtime rates; or
(c) penalty rates; or
(d) allowances; or
(e) annual leave loading.
5.2 An agreement must be one that is genuinely made by the employer and the individual employee without coercion or duress.
5.3 An agreement may only be made after the individual employee has commenced employment with the employer.
5.4 An employer who wishes to initiate the making of an agreement must:
(a) give the employee a written proposal; and
(b) if the employer is aware that the employee has, or reasonably should be aware that the employee may have, limited understanding of written English, take reasonable steps (including providing a translation in an appropriate language) to ensure that the employee understands the proposal.
5.5 An agreement must result in the employee being better off overall at the time the agreement is made than if the agreement had not been made.
5.6 An agreement must do all of the following:
(a) state the names of the employer and the employee; and
(b) identify the award term, or award terms, the application of which is to be varied; and
(c) set out how the application of the award term, or each award term, is varied; and
(d) set out how the agreement results in the employee being better off overall at the time the agreement is made than if the agreement had not been made; and
(e) state the date the agreement is to start.
5.7 An agreement must be:
(a) in writing; and
5.8 Except as provided in clause 5.7(b), an agreement must not require the approval or consent of a person other than the employer and the employee.
5.9 The employer must keep the agreement as a time and wages record and give a copy to the employee.
5.10 The employer and the employee must genuinely agree, without duress or coercion to any variation of an award provided for by an agreement.
5.11 An agreement may be terminated:
(a) at any time, by written agreement between the employer and the employee; or
NOTE: If an employer and employee agree to an arrangement that purports to be an individual flexibility arrangement under this award term and the arrangement does not meet a requirement set out in section 144 then the employee or the employer may terminate the arrangement by giving written notice of not more than 28 days (see section 145 of the Act).
5.12 An agreement terminated as mentioned in clause 5.11(b) ceases to have effect at the end of the period of notice required under that clause.
5.13 The right to make an agreement under clause 5 is additional to, and does not affect, any other term of this award that provides for an agreement between an employer and an individual employee.
6. Requests for flexible working arrangements
[6 substituted by PR763228 ppc 01Aug23]
Requests for flexible working arrangements are provided for in the NES.
NOTE: Disputes about requests for flexible working arrangements may be dealt with under clause 31—Dispute resolution and/or under section 65B of the Act.
7.1 A facilitative provision provides that the standard approach in an award provision may be departed from by agreement between an employer and an individual employee, or an employer and the majority of employees in the enterprise or part of the enterprise concerned.
7.2 Facilitative provisions in this award are contained in the following clauses:
|
Clause |
Provision |
Agreement between an employer and: |
|
13.1 |
Ordinary hours of work and roster cycles—day workers |
An individual |
|
20.6 |
Time off instead of payment for overtime |
An individual |
|
21.3(a)(iii) |
Payment for working on a public holiday |
An individual |
|
22.5 |
Annual leave in advance |
An individual |
|
22.6 |
Cashing out of annual leave |
An individual |
Part 2—Types of Employment and Classifications
8.1 Employees under this award will be employed in one of the following categories:
(a) full-time;
(b) part-time; or
(c) casual.
A full-time employee is an employee who is engaged to work an average of 38 ordinary hours per week.
10.1 A part-time employee:
(a) is engaged to work an average of less than 38 ordinary hours per week;
(b) has reasonably predictable hours of work; and
(c) receives, on a pro rata basis, pay and conditions equivalent to those of full-time employees who do the same kind of work.
[Varied by PR724003, PR733885, PR777258]
[11.1 deleted by PR733885 from 27Sep21]
11.1 Casual loading
[11.2 renumbered as 11.1 by PR733885 from 27Sep21]
[11.1(a) substituted by PR724003 ppc 20Nov20]
(a) For each ordinary hour worked, a casual employee must be paid:
(i) the ordinary hourly rate for the classification in which they are employed; and
(ii) a loading of 25% of the ordinary hourly rate.
(b) The casual loading is paid instead of annual leave, paid personal/carer’s leave, notice of termination, redundancy benefits and other entitlements of full-time or part-time employment.
[New 11.3 inserted by PR724003 ppc 20Nov20; 11.3 renumbered as 11.2 by PR733885 from 27Sep21]
11.2 When a casual employee works overtime, they must be paid the overtime rates in clause 20.2.
[11.3 renumbered as 11.4 by PR724003, 11.4 renumbered as 11.3 by PR733885 from 27Sep21]
11.4 Changes to casual employment status
[11.4 renumbered as 11.5 by PR724003; 11.5 renumbered as 11.4 and renamed and substituted by PR733885; renamed and substituted by PR777258 from 27Aug24]
A pathway for employees to change from casual employment to full-time or part-time employment is provided for in the NES. See sections 66A to 66MA of the Act.
NOTE: Disputes about changes to casual employment status may be dealt with under sections 66M and 66MA of the Act and/or under clause 31—Dispute resolution.
12. Classification Definitions
12.1 Intern is a medical practitioner in the first postgraduate year of clinical experience.
12.2 Resident Medical Practitioner (RMP) is a medical practitioner in the second or any subsequent post-graduate year of clinical experience. An RMP must complete 12 months of clinical experience to advance to the next pay point.
12.3 Registrar is a medical practitioner admitted to an Australian Medical Council accredited vocational training program leading to a fellowship of a Medical College including those of General Practice and Rural and Remote Medicine.
12.4 Senior Registrar is a medical practitioner who has successfully completed examinational requirements for appointment as a Fellow of an Australian or Australasian Specialists College and is awaiting granting of the fellowship.
12.5 Career Medical Practitioner is a medical practitioner with not less than 4 completed years of post-graduate clinical experience who is appointed as such.
12.6 Senior Career Medical Practitioner is a medical practitioner not enrolled in a vocational training program, who has 10 or more years of clinical experience or who has sufficient experience to satisfy the employer.
12.7 Community Medical Practitioner is a medical practitioner who has completed not less than 4 years of post-graduate experience who is employed to practise in community health centres or in general medical practice.
12.8 Specialist is a medical practitioner who has successfully completed a recognised specialist training program, and has been admitted as a fellow of the relevant college, provided that a practitioner may be appointed a Specialist if the practitioner has had sufficient experience in the specialty to satisfy the employer.
12.9 Senior Specialist means a medical practitioner who possesses a higher qualification appropriate to the specialty in which they are employed and has had not less than 3 years of practical experience in the relevant specialty.
12.10 Principal Specialist means a medical practitioner who possesses a higher qualification appropriate to the specialty in which they are employed and has had not less than 8 years of practical experience in that specialty after obtaining the highest qualification. Notwithstanding an officer not having such years of experience, an officer may be appointed as a Principal Specialist if they have had sufficient experience in their specialty to satisfy the employer.
12.11 Senior Principal Specialist means a medical practitioner appointed as a head of a department or section in a Teaching Hospital who meets all requirements specified for employment as a Principal Specialist.
12.12 Deputy Director of Medical Services means a medical practitioner appointed as deputy to a Director of Medical Services.
12.13 Director of Medical Services means a medical practitioner appointed as the Director of Medical Services (however styled) of a hospital or other organisation, provided that a Director of Medical Services will require a higher qualification appropriate to the specialty of medical administration, or will be able to satisfy the employer that the medical practitioner has sufficient experience in the specialty.
12.14 Employers must advise their employees in writing of their classification upon commencement and any changes to their classification.
[Varied by PR747348]
13.1 Ordinary hours and roster cycles—day workers
(i) over 5 days per week or over 19 days per 4 week period;
(ii) over 40 hours in any period of 7 consecutive days or 80 hours in any period of 14 consecutive days; or
(ii) The span of hours for Senior Doctors is between 7.00 am and 6.00 pm Monday to Friday. Where normal duties are averaged over a roster period longer than one week, as provided for in clause 13.1(a), normal duties may be worked between Monday and Sunday inclusive.
(c) Senior Career Medical Practitioners, Career Medical Practitioners and Doctors in training
The following provisions apply to Senior Career Medical Practitioners, Career Medical Practitioners and Doctors in training:
(i) These medical practitioners will be free from ordinary hours of duty for not less than 2 days in each week or where this is not practicable, 4 days in each fortnight. Where practicable, the days off will be consecutive.
(ii) Additional rostered days off will be granted to the extent of one day per calendar month which may accumulate to a maximum of 12 days and which may be taken in periods ranging from one day to 2 weeks.
(iii) Upon termination of employment, any untaken rostered leave will be paid at the medical practitioner’s minimum hourly rate.
13.2 Ordinary hours and roster cycles—shiftworkers
(b) Shift length—Doctors in training
[13.2(b)(i) varied by PR747348 ppc14Nov22]
(i) No shift will be less than 8 hours in length on a week day or less than 4 hours in length on Saturday, Sunday or a public holiday. Hours of work performed immediately before or after a part-day public holiday, that form part of one continuous shift, are counted as part of the minimum payment/engagement period.
(ii) No broken or split shifts will be worked.
(iii) All time worked in excess of 10 hours in any one shift will be paid as overtime.
13A. Employee right to disconnect
[13A inserted by PR777993 from 26Aug24]
13A.1 Clause 13A provides for the exercise of an employee’s right to disconnect under section 333M of the Act.
NOTE:
(a) Section 333M provides that, unless it is unreasonable to do so, an employee may refuse to monitor, read or respond to contact, or attempted contact, from:
(1) their employer outside of the employee’s working hours,
(2) a third party if the contact or attempted contact relates to, their work and is outside of the employee's working hours.
(b) Section 333M(3) lists matters that must be taken into account in determining whether an employee’s refusal is unreasonable.
(c) Section 333M(5) provides that an employee’s refusal will be unreasonable if the contact or attempted contact is required under a law of the Commonwealth, a State or a Territory.
(d) Section 333N provides for the resolution of disputes about whether an employee’s refusal is unreasonable and about the operation of section 333M.
(e) The general protections in Part 3–1 of the Act prohibit an employer taking adverse action against an employee because of the employee’s right to disconnect under section 333M of the Act.
13A.2 Clause 13A applies from the following dates:
(a) 26 August 2024—for employers that are not small business employers on this date and their employees.
(b) 26 August 2025—for employers that are small business employers on 26 August 2024 and their employees.
13A.3 An employer must not directly or indirectly prevent an employee from exercising their right to disconnect under the Act.
13A.4 Clause 13A.3 does not prevent an employer from requiring an employee to monitor, read or respond to contact, or attempted contact, from the employer outside of the employee’s working hours where:
(a) the employee is being paid an on-call allowance under clause 20.3(a) or has been rostered on-call under clause 20.3(b); and
(b) the employer’s contact is to notify the employee that they are required to attend or perform work or give other notice about the on-call.
13A.5 Clause 13A.3 does not prevent an employer from contacting, or attempting to contact, an employee outside of the employee’s working hours in circumstances including to notify them of:
(a) an emergency roster change under clause 14.1(a) or 14.2(b)(ii); or
(b) a recall to work under clause 20.3(b) or 20.4.
14.1 Rostering—Doctors in training
(a) Doctors in training will be given at least 2 weeks’ notice of rosters to be worked in relation to ordinary hours. Where practicable, this will include additional (overtime) rostered hours, provided that the employer may change the rosters without notice to meet any emergency situation. Clause 14.1 will not apply to additional roster leave granted by the employer.
(b) Time worked does not include breaks allowed and actually taken for meals.
(c) Time worked means the time when the Doctor in training is required by the employer to be in attendance.
14.2 Rostering—Senior Doctors
(a) Development of rosters
The employer, when developing rosters, will ensure that:
(i) Senior Doctors will be consulted and regard will be given to any family, carer or other personal and professional concerns and responsibilities identified by the Senior Doctor to ensure, where practicable, that the Senior Doctor is not adversely affected and that alternative arrangements can be made if possible (e.g. change of childcare or outside practice arrangements);
(ii) Rosters will identify the general nature of the work to be performed on each shift (clinical/direct patient care, administrative, teaching, research or quality improvement) and the facility at which the shift is to be worked; and
(iii) Wherever practicable, the usual pattern of normal duties will be consistent from one roster period to the next.
(b) Notice of changes
(i) Wherever possible, the following notice periods will apply to changes to the normal duties roster:
· 3 months’ notice of an ongoing change; or
· one month’s notice of short-term change (e.g. to cover a planned absence or one-off event).
(iii) Shifts are to be shared equally amongst the Senior Doctors unless otherwise agreed.
15.1 Rest period between periods of duty—Community Medical Practitioners
Community Medical Practitioners will be allowed 8 hours off duty between successive periods of duty.
16. Minimum rates
[Varied by PR718848, PR729286, PR740712, PR762140, PR773916]
(a) Intern
[16.1(a) varied by PR718848, PR729286, PR740712, PR762140, PR773916 ppc 01Jul24]
|
|
Minimum annual salary (full-time employee) |
Minimum weekly rate (full-time employee) |
Minimum hourly rate
|
|
|
$ |
$ |
$ |
|
Intern |
61,275 |
1178.37 |
31.01 |
(b) Resident Medical Practitioner
[16.1(b) varied by PR718848, PR729286, PR740712, PR762140, PR773916 ppc 01Jul24]
|
Pay points |
Minimum annual salary (full-time employee) |
Minimum weekly rate (full-time employee) |
Minimum hourly rate
|
|
|
$ |
$ |
$ |
|
Pay point 1 |
65,054 |
1251.04 |
32.92 |
|
Pay point 2 |
67,674 |
1301.42 |
34.25 |
|
Pay point 3 |
68,332 |
1314.08 |
34.58 |
(c) Registrar
[16.1(c) varied by PR718848, PR729286, PR740712, PR762140, PR773916 ppc 01Jul24]
|
Pay points |
Minimum annual salary (full-time employee) |
Minimum weekly rate (full-time employee) |
Minimum hourly rate
|
|
|
$ |
$ |
$ |
|
Pay point 1 |
74,018 |
1423.42 |
37.46 |
|
Pay point 2 |
77,054 |
1481.81 |
39.00 |
|
Pay point 3 |
80,568 |
1549.38 |
40.77 |
|
Pay point 4 |
83,030 |
1596.73 |
42.02 |
(d) Senior Registrar
[16.1(d) varied by PR718848, PR729286, PR740712, PR762140, PR773916 ppc 01Jul24]
|
Pay points |
Minimum annual salary (full-time employee) |
Minimum weekly rate (full-time employee) |
Minimum hourly rate
|
|
|
$ |
$ |
$ |
|
Pay point 1 |
96,732 |
1860.23 |
48.95 |
|
Pay point 2 |
100,548 |
1933.62 |
50.88 |
(e) Career Medical Practitioner
[16.1(e) varied by PR718848, PR729286, PR740712, PR762140, PR773916 ppc 01Jul24]
|
Pay points |
Minimum annual salary (full-time employee) |
Minimum weekly rate (full-time employee) |
Minimum hourly rate
|
|
|
$ |
$ |
$ |
|
Pay point 1 |
97,727 |
1879.37 |
49.46 |
|
Pay point 2 |
101,354 |
1949.12 |
51.29 |
|
Pay point 3 |
103,364 |
1987.77 |
52.31 |
|
Pay point 4 |
107,168 |
2060.92 |
54.23 |
(f) Senior Career Medical Practitioner
[16.1(f) varied by PR718848, PR729286, PR740712, PR762140, PR773916 ppc 01Jul24]
|
Pay points |
Minimum annual salary (full-time employee) |
Minimum weekly rate (full-time employee) |
Minimum hourly rate
|
|
|
$ |
$ |
$ |
|
Pay point 1 |
110,548 |
2125.92 |
55.95 |
|
Pay point 2 |
114,065 |
2193.56 |
57.73 |
|
Pay point 3 |
117,896 |
2267.23 |
59.66 |
|
Pay point 4 |
121,480 |
2336.15 |
61.48 |
(g) Community Medical Practitioner
[16.1(g) varied by PR718848, PR729286, PR740712, PR762140, PR773916 ppc 01Jul24]
|
Pay points |
Minimum annual salary (full-time employee) |
Minimum weekly rate (full-time employee) |
Minimum hourly rate |
|
|
$ |
$ |
$ |
|
Pay point 1 |
97,708 |
1879.00 |
49.45 |
|
Pay point 2 |
101,279 |
1947.67 |
51.25 |
|
Pay point 3 |
104,549 |
2010.56 |
52.91 |
|
Pay point 4 |
107,164 |
2060.85 |
54.23 |
|
Pay point 5 |
110,530 |
2125.58 |
55.94 |
|
Pay point 6 |
114,020 |
2192.69 |
57.70 |
|
Pay point 7 |
117,835 |
2266.06 |
59.63 |
|
Pay point 8 |
121,405 |
2334.71 |
61.44 |
(h) Specialist
[16.1(h) varied by PR718848, PR729286, PR740712, PR762140, PR773916 ppc 01Jul24]
|
|
Minimum annual salary (full-time employee) |
Minimum weekly rate (full-time employee) |
Minimum hourly rate
|
|
|
$ |
$ |
$ |
|
Specialist |
112,100 |
2155.77 |
56.73 |
[16.1(i) varied by PR718848, PR729286, PR740712, PR762140, PR773916 ppc 01Jul24]
|
Pay points |
Minimum annual salary (full-time employee) |
Minimum weekly rate (full-time employee) |
Minimum hourly rate
|
|
|
$ |
$ |
$ |
|
Pay point 1 |
119,865 |
2305.10 |
60.66 |
|
Pay point 2 |
123,982 |
2384.27 |
62.74 |
|
Pay point 3 |
128,224 |
2465.85 |
64.89 |
|
Pay point 4 |
137,312 |
2640.62 |
69.49 |
|
Pay point 5 |
139,264 |
2678.15 |
70.48 |
(j) Principal Specialist
[16.1(j) varied by PR718848, PR729286, PR740712, PR762140, PR773916 ppc 01Jul24]
|
|
Minimum annual salary (full-time employee) |
Minimum weekly rate (full-time employee) |
Minimum hourly rate
|
|
|
$ |
$ |
$ |
|
Principal Specialist |
142,102 |
2732.73 |
71.91 |
(k) Senior Principal Specialist
[16.1(k) varied by PR718848, PR729286, PR740712, PR762140, PR773916 ppc 01Jul24]
|
|
Minimum annual salary (full-time employee) |
Minimum weekly rate (full-time employee) |
Minimum hourly rate
|
|
|
$ |
$ |
$ |
|
Senior Principal Specialist |
147,132 |
2829.46 |
74.46 |
(l) Deputy Director of Medical Services
[16.1(l) varied by PR718848, PR729286, PR740712, PR762140, PR773916 ppc 01Jul24]
|
Pay points |
Minimum annual salary (full-time employee) |
Minimum weekly rate (full-time employee) |
Minimum hourly rate
|
|
|
$ |
$ |
$ |
|
Pay point 1 |
99,006 |
1903.96 |
50.10 |
|
Pay point 2 |
108,583 |
2088.13 |
54.95 |
|
Pay point 3 |
119,865 |
2305.10 |
60.66 |
|
Pay point 4 |
132,687 |
2551.67 |
67.15 |
(m) Director of Medical Services
[16.1(m) varied by PR718848, PR729286, PR740712, PR762140, PR773916 ppc 01Jul24]
|
Pay points |
Minimum annual salary (full-time employee) |
Minimum weekly rate (full-time employee) |
Minimum hourly rate
|
|
|
$ |
$ |
$ |
|
Pay point 1 |
112,073 |
2155.25 |
56.72 |
|
Pay point 2 |
123,924 |
2383.15 |
62.71 |
|
Pay point 3 |
142,102 |
2732.73 |
71.91 |
|
Pay point 4 |
153,708 |
2955.92 |
77.79 |
16.2 Progression through pay points
Progression to the next pay point for all classifications for which there is more than one pay point will be:
(a) for full-time employees—by annual movement; or
(b) for part-time or casual employees—after 1824 hours of similar experience,
having regard to the acquisition and use of skills.
16.3 Higher duties
Where an employee temporarily occupies a position in a higher classification for a period of more than 3 days, that employee must be paid not less than the minimum rate applicable to that higher classification, including any relevant managerial allowance, for all time worked at that higher level.
NOTE: Regulations 3.33(3) and 3.46(1)(g) of Fair Work Regulations 2009 set out the requirements for pay records and the content of payslips including the requirement to separately identify any allowance paid.
17.1 Payment on termination of employment
(i) the employee’s wages under this award for any complete or incomplete pay period up to the end of the day of termination; and
(ii) all other amounts that are due to the employee under this award and the NES.
(b) The requirement to pay wages and other amounts under clause 17.1(a) is subject to further order of the Commission and the employer making deductions authorised by this award or the Act.
NOTE 1: Section 117(2) of the Act provides that an employer must not terminate an employee’s employment unless the employer has given the employee the required minimum period of notice or “has paid” to the employee payment instead of giving notice.
NOTE 2: Clause 17.1(b) allows the Commission to make an order delaying the requirement to make a payment under clause 17.1. For example, the Commission could make an order delaying the requirement to pay redundancy pay if an employer makes an application under section 120 of the Act for the Commission to reduce the amount of redundancy pay an employee is entitled to under the NES.
NOTE 3: State and Territory long service leave laws or long service leave entitlements under section 113 of the Act, may require an employer to pay an employee for accrued long service leave on the day on which the employee’s employment terminates or shortly after.
[Varied by PR718848, PR719003, PR729286, PR729475, PR740712, PR740880, PR762140, PR762304, PR773916, PR774084]
NOTE: Regulations 3.33(3) and 3.46(1)(g) of Fair Work Regulations 2009 set out the requirements for pay records and the content of payslips including the requirement to separately identify any allowance paid.
18.1 Employers must pay to an employee the allowances the employee is entitled to under clause 18.
NOTE: See Schedule A—Summary of Monetary Allowances for a summary of monetary allowances and method of adjustment.
18.2 Wage-related allowances
Allowances paid for all purposes are included in the rate of pay of an employee who is entitled to the allowance, when calculating any penalties or loadings or payment while they are on annual leave. The on-call allowance in clause 20.3(c) is paid for all purposes under this award.
(b) Managerial allowance per annum for Senior Doctors only
· cost centre management including budget preparation and management of allocated budget;
· participation in planning and policy development;
· responsibility for the co-ordination of research, training or teaching programs; or
· membership and participation in senior executive management teams.
[18.2(b)(ii) varied by PR718848, PR729286, PR740712, PR762140, PR773916 ppc 01Jul24]
(ii) A Level 1 allowance of $6664.49 per annum is payable to Senior Doctors who satisfy the criteria in clause 18.2(b)(i) and who are specifically required by the employer to undertake these additional managerial responsibilities. It is expected that a Senior Doctor receiving a Level 1 allowance will:
· as a minimum perform human resource management responsibilities which include the direct supervision of staff, allocation of duties, approval of staff rosters, monitoring of hours worked and other performance management matters; and
· be responsible for ensuring that quality improvement and clinical governance activities are implemented.
[18.2(b)(iii) varied by PR718848, PR729286, PR740712, PR762140, PR773916 ppc 01Jul24]
(iii) A Level 2 allowance of $15,606.42 is payable to those Senior Doctors satisfying the criteria in clauses 18.2(b)(i) and 18.2(b)(ii) who, in the assessment of the employer, have significant additional managerial responsibilities involving multiple units, services or departments.
[18.2(b)(iv) varied by PR718848, PR729286, PR740712, PR762140, PR773916 ppc 01Jul24]
(iv) A Level 3 allowance of $24,572.33 is payable to those Senior Doctors who, in addition to satisfying the criteria in clause 18.2(b)(ii), have a level of managerial responsibility deemed by the employer to require an allowance at the Level 3 rate. It is recognised that managerial responsibilities at this level may not involve the duties at a department or unit level outlined in clause 18.2(b)(ii).
18.3 Expense-related allowances
[18.3(a) varied by PR719003, PR729475, PR740880, PR762304, PR774084 ppc 01Jul24]
When an employee is rostered to work in excess of 10 continuous hours, the employee will be supplied with an adequate meal free of charge or will be paid a meal allowance of $16.20. Where the continuous period exceeds 15 hours, a further meal will be supplied free of charge or a further meal allowance of $16.20 will be paid.
(b) Telephone allowance
Where the employer requires an employee to install and/or maintain a telephone for the purpose of being on-call, the employer will refund the installation costs and the subsequent rental charges on production of receipted account(s).
(c) Travelling, transport and fares
[18.3(c)(i) varied by PR719003, PR740880, PR762304, PR774084 ppc 01Jul24]
(i) An employee required and authorised to use their own motor vehicle in the course of their duties will be paid an allowance of not less than $0.99 per kilometre.
(ii) When an employee is required to travel on duty, all reasonably incurred expenses in respect to fares, meals and accommodation will be met by the employer on production of receipted account(s) or other evidence acceptable to the employer, if the employer cannot provide the appropriate transport.
(iii) The employee will not be entitled to reimbursement for expenses referred to in clause 18.3(c)(ii) which exceed the mode of transport, meals or the standard of accommodation agreed with the employer for these purposes.
18.4 Deduction for board and lodging
[18.4 varied by PR719003, PR729475, PR740880, PR762304 ppc 01Jul23]
Where the employer provides board and lodging, the minimum salaries prescribed in this award will be reduced by $87.90 per week.
[Varied by PR771299]
19.1 Superannuation legislation
[19.1 substituted by PR771299 ppc 09Apr24]
(a) The NES and Superannuation legislation, including the Superannuation Guarantee (Administration) Act 1992 (Cth), the Superannuation Guarantee Charge Act 1992 (Cth), the Superannuation Industry (Supervision) Act 1993 (Cth) and the Superannuation (Resolution of Complaints) Act 1993 (Cth), deal with the superannuation rights and obligations of employers and employees.
(b) The rights and obligations in clause 19 supplement those in superannuation legislation and the NES.
NOTE: Under superannuation legislation:
(a) Individual employees generally have the opportunity to choose their own superannuation fund.
(b) If a new employee does not choose a superannuation fund, the employer must ask the Australian Taxation Office (ATO) whether the employee is an existing member of a stapled superannuation fund and, if stapled fund details are provided by the ATO, make contributions to the stapled fund.
(c) If an employee does not choose a superannuation fund and does not have a stapled fund, the choice of superannuation fund requirements will be satisfied by contributions made to a superannuation fund nominated in the award covering the employee, provided the fund is able to accept contributions for the benefit of the employee.
(d) A fund may not be able to accept contributions for the benefit of an employee if the employee would be a new member of the fund’s MySuper product and the MySuper product is closed to new members because it has failed the performance tests of Australian Prudential Regulation Authority (APRA) for 2 consecutive years.
An employer must make such superannuation contributions to a superannuation fund for the benefit of an employee as will avoid the employer being required to pay the superannuation guarantee charge under superannuation legislation with respect to that employee.
19.3 Voluntary employee contributions
(c) The employer must pay the amount authorised under clauses 19.3(a) or 19.3(b) no later than 28 days after the end of the month in which the deduction authorised under clauses 19.3(a) or 19.3(b) was made.
19.4 Superannuation fund
[19.4 varied by PR771299 ppc 09Apr24]
Unless, to comply with superannuation legislation, the employer is required to make the superannuation contributions provided for in clause 19.2 to another superannuation fund, the employer must make the superannuation contributions provided for in clause 19.2 and pay any amount authorised under clauses 19.3(a) or 19.3(b) to one of the following superannuation funds or its successor, provided that, in respect of new employees, the fund is able to accept new beneficiaries:
(b) any superannuation fund to which the employer was making superannuation contributions for the benefit of its employees before 12 September 2008, provided the superannuation fund is an eligible choice fund and is a fund that offers a MySuper product or is an exempt public sector superannuation scheme; or
(c) a superannuation fund or scheme which the employee is a defined benefit member of.
Part 5—Overtime and Penalty Rates
[Varied by PR718848, PR724003, PR729286, PR740712, PR762140, PR763228, PR773916]
20.1 Definition of overtime
[20.2 varied by PR724003 ppc 20Nov20]
Where an employee, except a Senior Doctor, works overtime the employer must pay the employee overtime rates as follows:
|
For overtime worked on |
Full-time and part-time overtime rate |
Casual overtime rate1 |
|
|
% of ordinary hourly rate |
|
|
Monday to Saturday—first 2 hours |
150% |
175% |
|
Monday to Saturday—after 2 hours |
200% |
225% |
|
Sunday—all day |
200% |
225% |
|
Public holidays—all day |
250% |
275% |
1 Includes 25% casual loading provided in clause 11.1(a).
20.4 Recall—other than Senior Doctors
(a) When a Medical Practitioner is recalled for duty, they will be paid an amount equal to one hour at the minimum hourly rate as payment for travelling time.
(b) In addition, payment for the time worked will be made at the rate of 150% of the minimum hourly rate on weekdays and 200% of the minimum hourly rate on weekends and public holidays with a minimum payment of 3 hours.
20.5 Sleepover arrangement—Doctors in training
Where the employer requires a Doctor in training to sleepover, the following provisions will apply:
[20.5(a) varied by PR718848, PR729286, PR740712, PR762140, PR773916 ppc 01Jul24]
(b) any work performed by the Doctor in training in excess of one hour during their sleepover will attract the appropriate overtime payment as specified in clause 20.2; and
(c) if, during the course of the sleepover, the Doctor in training is called to active duty more than 5 times, the entire period of the sleepover will be paid as active duty at the appropriate rate instead of the payment prescribed in clause 20.5(a) above.
20.6 Time off instead of payment for overtime
(a) An employee and employer may agree in writing to the employee taking time off instead of being paid for a particular amount of overtime that has been worked by the employee.
(c) The period of time off that an employee is entitled to take is the same as the number of overtime hours worked.
EXAMPLE: By making an agreement under clause 20.6 an employee who worked 2 overtime hours is entitled to 2 hours’ time off.
(i) within the period of 4 weeks after the overtime is worked; and
(ii) at a time or times within that period of 4 weeks agreed by the employee and employer.
(e) If the employee requests at any time, to be paid for overtime covered by an agreement under clause 20.6 but not taken as time off, the employer must pay the employee for the overtime, in the next pay period following the request, at the overtime rate applicable to the overtime when worked.
(f) If time off for overtime that has been worked is not taken within the period of 4 weeks mentioned in clause 20.6(d), the employer must pay the employee for the overtime, in the next pay period following those 4 weeks, at the overtime rate applicable to the overtime when worked.
(g) The employer must keep a copy of any agreement under clause 20.6 as an employee record.
(h) An employer must not exert undue influence or undue pressure on an employee in relation to a decision by the employee to make, or not make, an agreement to take time off instead of payment for overtime.
(i) An employee may, under section 65 of the Act, request to take time off, at a time or times specified in the request or to be subsequently agreed by the employer and the employee, instead of being paid for overtime worked by the employee. If the employer agrees to the request then clause 20.6 will apply, including the requirement for separate written agreements under clause 20.6(b) for overtime that has been worked.
[Note varied by PR763228 ppc 01Aug23]
NOTE: If an employee makes a request under section 65 of the Act for a change in working arrangements, the employer may only refuse that request on reasonable business grounds (see section 65A(3) of the Act).
(j) If, on the termination of the employee’s employment, time off for overtime worked by the employee to which clause 20.6 applies has not been taken, the employer must pay the employee for the overtime at the overtime rate applicable to the overtime when worked.
NOTE: Under section 345(1) of the Act, a person must not knowingly or recklessly make a false or misleading representation about the workplace rights of another person under clause 20.6.
[Varied by PR747348]
21.1 Payment of shift penalty rates
An employee will be paid the following penalty rates for all ordinary hours worked by the employee during the following periods:
(a) Doctors in Training
|
|
Penalty rate |
|
Rostered ordinary duty commencing or ending between 9.00 pm and 6.00 am |
2.5% of minimum weekly rate per occasion* |
*Payment per occasion in addition to payment for hours worked. Penalty rate calculations are based on the rate for first year of experience of each respective classification.
(b) Career Medical Practitioners and Senior Career Medical Practitioners
|
Ordinary hours worked: |
Penalty rate |
Casual penalty rate1 |
|
|
% of ordinary hourly rate |
|
|
Monday to Friday— between 6.00 pm and midnight |
112.5 |
137.5 |
|
Monday to Friday—between midnight and 8.00 am |
125 |
150 |
|
Saturday—all hours |
150 |
175 |
|
Sunday—all hours |
175 |
200 |
|
1 Includes 25% casual loading provided in clause 11.1(a) |
||
(c) Senior Doctors
|
Ordinary hours worked: |
Penalty rate |
Casual penalty rate1 |
|
|
% of ordinary hourly rate |
|
|
Monday to Friday—between 6.00 pm and midnight |
112.5 |
137.5 |
|
Saturday—between 7.00 am and midnight |
150 |
175 |
|
Sunday—between 7.00 am and midnight |
175 |
200 |
|
Public holidays—all hours |
250 |
275 |
|
1 Includes 25% casual loading provided in clause 11.1(a) |
||
(d) Community Medical Practitioners
|
|
Penalty rate |
Casual penalty rate1 |
|
|
% of ordinary hourly rate |
|
|
Shift starting between 5.00 am and before 6.30 am |
102.5 |
127.5 |
|
Shift finishing between 6.00 pm and before midnight |
102.5 |
127.5 |
|
Shift or part of shift rostered between midnight and 5.00 am |
104 |
129 |
|
Shifts permanently worked between midnight and 5.00 am* |
105 |
130 |
|
*Permanently worked means any period in excess of 4 consecutive weeks |
||
|
1 Includes 25% casual loading provided in clause 11.1(a) |
||
(e) Where duty performed attracts more than one penalty, only the higher penalty will apply. For the purposes of clause 21.1, the term penalty will include overtime.
21.2 Saturday and Sunday work
|
Ordinary hours worked: |
Penalty rate |
Casual penalty rate1 |
|
|
% of ordinary hourly rate |
|
|
Between midnight Friday and midnight Sunday |
150 |
175 |
|
1 Includes 25% casual loading provided in clause 11.1(a) |
||
21.3 Payment for working on a public holiday
(i) payment at the rate of 250% of the ordinary hourly rate;
(ii) payment at the rate of 150% of the ordinary hourly rate, and one day will be added to their annual leave entitlement; or
[21.3(b) inserted by PR747348 ppc14Nov22]
(b) If a public holiday is a part-day public holiday, then clause 21.3(a) applies on a pro-rata basis for the number of ordinary hours on the part-day public holiday.
Part 6—Leave and Public Holidays
[Varied by PR747348]
22.1 Annual leave is provided for in the NES.
22.2 Additional leave for certain shiftworkers
A Medical Practitioner required to work shifts including weekends is entitled to an additional week’s annual leave.
22.3 Public holidays falling during annual leave
[Paragraph in 22.3 numbered as 22.3(a) by PR747348 ppc14Nov22]
[22.3(b) inserted by PR747348 ppc14Nov22]
(b) If a public holiday is a part-day public holiday, then clause 22.3(a) applies on a pro-rata basis for the number of ordinary hours on the part-day public holiday.
22.4 Annual leave loading
(a) At the time of taking leave, a Medical Practitioner will be paid a loading of 17.5% of the minimum weekly rate based on a maximum of 4 weeks’ annual leave.
(b) A shiftworker, in addition to their ordinary pay, will be paid the higher of:
(i) the annual leave loading; or
(ii) the weekend and shift penalties the employee would have received had they not been on leave during the relevant period.
NOTE: Where an employee is receiving over-award payments such that the employee’s base rate of pay is higher than the rate specified under this award, the employee is entitled to receive the higher rate while on a period of paid annual leave (see sections 16 and 90 of the Act).
(a) An employer and employee may agree in writing to the employee taking a period of paid annual leave before the employee has accrued an entitlement to the leave.
(b) An agreement must:
(i) state the amount of leave to be taken in advance and the date on which leave is to commence; and
(ii) be signed by the employer and employee and, if the employee is under 18 years of age, by the employee’s parent or guardian.
NOTE: An example of the type of agreement required by clause 22.5 is set out at Schedule B—Agreement to Take Annual Leave in Advance. There is no requirement to use the form of agreement set out at Schedule B—Agreement to Take Annual Leave in Advance.
(c) The employer must keep a copy of any agreement under clause 22.5 as an employee record.
(d) If, on the termination of the employee’s employment, the employee has not accrued an entitlement to all of a period of paid annual leave already taken in accordance with an agreement under clause 22.5, the employer may deduct from any money due to the employee on termination an amount equal to the amount that was paid to the employee in respect of any part of the period of annual leave taken in advance to which an entitlement has not been accrued.
22.6 Cashing out of annual leave
(a) Paid annual leave must not be cashed out except in accordance with an agreement under clause 22.6.
(b) Each cashing out of a particular amount of paid annual leave must be the subject of a separate agreement under clause 22.6.
(c) An employer and an employee may agree in writing to the cashing out of a particular amount of accrued paid annual leave by the employee.
(d) An agreement under clause 22.6 must state:
(i) the amount of leave to be cashed out and the payment to be made to the employee for it; and
(ii) the date on which the payment is to be made.
(e) An agreement under clause 22.6 must be signed by the employer and employee and, if the employee is under 18 years of age, by the employee’s parent or guardian.
(f) The payment must not be less than the amount that would have been payable had the employee taken the leave at the time the payment is made.
(g) An agreement must not result in the employee’s remaining accrued entitlement to paid annual leave being less than 4 weeks.
(h) The maximum amount of accrued paid annual leave that may be cashed out in any period of 12 months is 2 weeks.
(i) The employer must keep a copy of any agreement under clause 22.6 as an employee record.
NOTE 1: Under section 344 of the Act, an employer must not exert undue influence or undue pressure on an employee to make, or not make, an agreement under clause 22.6.
NOTE 2: Under section 345(1) of the Act, a person must not knowingly or recklessly make a false or misleading representation about the workplace rights of another person under clause 22.6.
NOTE 3: An example of the type of agreement required by clause 22.6 is set out at Schedule C—Agreement to Cash Out Annual Leave. There is no requirement to use the form of agreement set out at Schedule C—Agreement to Cash Out Annual Leave.
22.7 Excessive leave accruals: general provision
NOTE: Clauses 22.7 to 22.9 contain provisions, additional to the NES, about the taking of paid annual leave as a way of dealing with the accrual of excessive paid annual leave. See Part 2.2, Division 6 of the Act.
(c) Clause 22.8 sets out how an employer may direct an employee who has an excessive leave accrual to take paid annual leave.
(d) Clause 22.9 sets out how an employee who has an excessive leave accrual may require an employer to grant paid annual leave requested by the employee.
22.8 Excessive leave accruals: direction by employer that leave be taken
(a) If an employer has genuinely tried to reach agreement with an employee under clause 22.7(b) but agreement is not reached (including because the employee refuses to confer), the employer may direct the employee in writing to take one or more periods of paid annual leave. Any discussions should take into account the employee’s workload, the availability of suitable relief staff, and in the case of a doctor in training, the doctor’s training requirements.
(b) However, a direction by the employer under clause 22.8(a):
(i) is of no effect if it would result at any time in the employee’s remaining accrued entitlement to paid annual leave being less than 6 weeks when any other paid annual leave arrangements (whether made under clause 22.7, 22.8 or 22.9 or otherwise agreed by the employer and employee) are taken into account; and
(ii) must not require the employee to take any period of paid annual leave of less than one week; and
(iii) must not require the employee to take a period of paid annual leave beginning less than 8 weeks, or more than 12 months, after the direction is given; and
(iv) must not be inconsistent with any leave arrangement agreed by the employer and employee.
(c) The employee must take paid annual leave in accordance with a direction under clause 22.8(a) that is in effect.
(d) An employee to whom a direction has been given under clause 22.8(a) may request to take a period of paid annual leave as if the direction had not been given.
NOTE 1: Paid annual leave arising from a request mentioned in clause 22.8(d) may result in the direction ceasing to have effect. See clause 22.8(b)(i).
NOTE 2: Under section 88(2) of the Act, the employer must not unreasonably refuse to agree to a request by the employee to take paid annual leave.
22.9 Excessive leave accruals: request by employee for leave
(a) If an employee has genuinely tried to reach agreement with an employer under clause 22.7(b) but agreement is not reached (including because the employer refuses to confer), the employee may give a written notice to the employer requesting to take one or more periods of paid annual leave.
(b) However, an employee may only give a notice to the employer under clause 22.9(a) if:
(i) the employee has had an excessive leave accrual for more than 6 months at the time of giving the notice; and
(ii) the employee has not been given a direction under clause 22.8(a) that, when any other paid annual leave arrangements (whether made under clause 22.7, 22.8 or 22.9 or otherwise agreed by the employer and employee) are taken into account, would eliminate the employee’s excessive leave accrual.
(c) A notice given by an employee under clause 22.9(a) must not:
(i) if granted, result in the employee’s remaining accrued entitlement to paid annual leave being at any time less than 6 weeks when any other paid annual leave arrangements (whether made under clause 22.7, 22.8 or 22.9 or otherwise agreed by the employer and employee) are taken into account; or
(ii) provide for the employee to take any period of paid annual leave of less than one week; or
(iii) provide for the employee to take a period of paid annual leave beginning less than 8 weeks, or more than 12 months, after the notice is given; or
(iv) be inconsistent with any leave arrangement agreed by the employer and employee.
(d) An employee is not entitled to request by a notice under clause 22.9(a) more than 4 weeks’ paid annual leave in any period of 12 months.
(e) The employer must grant paid annual leave requested by a notice under clause 22.9(a).
An employee who is legitimately required by Aboriginal or Torres Strait Islander tradition to be absent from work for ceremonial purposes will be entitled to up to 10 working days unpaid leave in any one year, with the approval of the employer.
24. Personal/carer’s leave and compassionate leave
Personal/carer’s leave and compassionate leave are provided for in the NES.
25. Parental leave and related entitlements
[25 varied by PR763228 ppc 01Aug23]
Parental leave and related entitlements are provided for in the NES.
NOTE: Disputes about requests for extensions to unpaid parental leave may be dealt with under clause 31—Dispute resolution and/or under section 76B of the Act.
Community service leave is provided for in the NES.
27. Family and domestic violence leave
[27—Unpaid family and domestic violence leave renamed and substituted by PR750506 ppc 15Mar23]
Family and domestic violence leave is provided for in the NES.
NOTE 1: Information provided to employers concerning an employee’s experience of family and domestic violence is sensitive and if mishandled can have adverse consequences for the employee. Employers are subject to confidentiality requirements regarding the handling of this information under section 106C of the Act and requirements as to what can be reported on payslips pursuant to regulations 3.47 and 3.48 of the Fair Work Regulations 2009.
NOTE 2: Depending upon the circumstances, evidence that would satisfy a reasonable person of the employee’s need to take family and domestic violence leave may include a document issued by the police service, a court or family violence support service, or a statutory declaration.
[Varied by PR747348]
28.1 Public holiday entitlements are provided for in the NES.
28.2 A Medical Practitioner who is required to work on a public holiday will be paid in accordance with clause 21.3.
[28.3 deleted by PR747348 ppc14Nov22]
Part 7—Workplace Delegates, Consultation and Dispute Resolution
[Part 7—Consultation and Dispute Resolution renamed by PR774737 from 01Jul24]
28A Workplace delegates’ rights
[28A inserted by PR774737 from 01Jul24]
28A.1 Clause 28A provides for the exercise of the rights of workplace delegates set out in section 350C of the Act.
NOTE: Under section 350C(4) of the Act, the employer is taken to have afforded a workplace delegate the rights mentioned in section 350C(3) if the employer has complied with clause 28A.
28A.2 In clause 28A:
(a) employer means the employer of the workplace delegate;
(b) delegate’s organisation means the employee organisation in accordance with the rules of which the workplace delegate was appointed or elected; and
(c) eligible employees means members and persons eligible to be members of the delegate’s organisation who are employed by the employer in the enterprise.
28A.3 Before exercising entitlements under clause 28A, a workplace delegate must give the employer written notice of their appointment or election as a workplace delegate. If requested, the workplace delegate must provide the employer with evidence that would satisfy a reasonable person of their appointment or election.
28A.4 An employee who ceases to be a workplace delegate must give written notice to the employer within 14 days.
28A.5 Right of representation
A workplace delegate may represent the industrial interests of eligible employees who wish to be represented by the workplace delegate in matters including:
(a) consultation about major workplace change;
(b) consultation about changes to rosters or hours of work;
(c) resolution of disputes;
(d) disciplinary processes;
(e) enterprise bargaining where the workplace delegate has been appointed as a bargaining representative under section 176 of the Act or is assisting the delegate’s organisation with enterprise bargaining; and
(f) any process or procedure within an award, enterprise agreement or policy of the employer under which eligible employees are entitled to be represented and which concerns their industrial interests.
28A.6 Entitlement to reasonable communication
(a) A workplace delegate may communicate with eligible employees for the purpose of representing their industrial interests under clause 28A.5. This includes discussing membership of the delegate’s organisation and representation with eligible employees.
(b) A workplace delegate may communicate with eligible employees during working hours or work breaks, or before or after work.
28A.7 Entitlement to reasonable access to the workplace and workplace facilities
(a) The employer must provide a workplace delegate with access to or use of the following workplace facilities:
(i) a room or area to hold discussions that is fit for purpose, private and accessible by the workplace delegate and eligible employees;
(ii) a physical or electronic noticeboard;
(iii) electronic means of communication ordinarily used in the workplace by the employer to communicate with eligible employees and by eligible employees to communicate with each other, including access to Wi-Fi;
(iv) a lockable filing cabinet or other secure document storage area; and
(v) office facilities and equipment including printers, scanners and photocopiers.
(b) The employer is not required to provide access to or use of a workplace facility under clause 28A.7(a) if:
(i) the workplace does not have the facility;
(ii) due to operational requirements, it is impractical to provide access to or use of the facility at the time or in the manner it is sought; or
(iii) the employer does not have access to the facility at the enterprise and is unable to obtain access after taking reasonable steps.
28A.8 Entitlement to reasonable access to training
Unless the employer is a small business employer, the employer must provide a workplace delegate with access to up to 5 days of paid time during normal working hours for initial training and at least one day each subsequent year, to attend training related to representation of the industrial interests of eligible employees, subject to the following conditions:
(a) In each year commencing 1 July, the employer is not required to provide access to paid time for training to more than one workplace delegate per 50 eligible employees.
(b) The number of eligible employees will be determined on the day a delegate requests paid time to attend training, as the number of eligible employees who are:
(i) full-time or part-time employees; or
(ii) regular casual employees.
(c) Payment for a day of paid time during normal working hours is payment of the amount the workplace delegate would have been paid for the hours the workplace delegate would have been rostered or required to work on that day if the delegate had not been absent from work to attend the training.
(d) The workplace delegate must give the employer not less than 5 weeks’ notice (unless the employer and delegate agree to a shorter period of notice) of the dates, subject matter, the daily start and finish times of the training, and the name of the training provider.
(e) If requested by the employer, the workplace delegate must provide the employer with an outline of the training content.
(f) The employer must advise the workplace delegate not less than 2 weeks from the day on which the training is scheduled to commence, whether the workplace delegate’s access to paid time during normal working hours to attend the training has been approved. Such approval must not be unreasonably withheld.
(g) The workplace delegate must, within 7 days after the day on which the training ends, provide the employer with evidence that would satisfy a reasonable person of their attendance at the training.
28A.9 Exercise of entitlements under clause 28A
(a) A workplace delegate’s entitlements under clause 28A are subject to the conditions that the workplace delegate must, when exercising those entitlements:
(i) comply with their duties and obligations as an employee;
(ii) comply with the reasonable policies and procedures of the employer, including reasonable codes of conduct and requirements in relation to occupational health and safety and acceptable use of ICT resources;
(iii) not hinder, obstruct or prevent the normal performance of work; and
(iv) not hinder, obstruct or prevent eligible employees exercising their rights to freedom of association.
(b) Clause 28A does not require the employer to provide a workplace delegate with access to electronic means of communication in a way that provides individual contact details for eligible employees.
(c) Clause 28A does not require an eligible employee to be represented by a workplace delegate without the employee’s agreement.
NOTE: Under section 350A of the Act, the employer must not:
(a) unreasonably fail or refuse to deal with a workplace delegate; or
(b) knowingly or recklessly make a false or misleading representation to a workplace delegate; or
(c) unreasonably hinder, obstruct or prevent the exercise of the rights of a workplace delegate under the Act or clause 28A.
29. Consultation about major workplace change
29.1 If an employer makes a definite decision to make major changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, the employer must:
(a) give notice of the changes to all employees who may be affected by them and their representatives (if any); and
(b) discuss with affected employees and their representatives (if any):
(i) the introduction of the changes; and
(ii) their likely effect on employees; and
(iii) measures to avoid or reduce the adverse effects of the changes on employees; and
(c) commence discussions as soon as practicable after a definite decision has been made.
29.2 For the purposes of the discussion under clause 29.1(b), the employer must give in writing to the affected employees and their representatives (if any) all relevant information about the changes including:
(a) their nature; and
(b) their expected effect on employees; and
(c) any other matters likely to affect employees.
29.3 Clause 29.2 does not require an employer to disclose any confidential information if its disclosure would be contrary to the employer’s interests.
29.4 The employer must promptly consider any matters raised by the employees or their representatives about the changes in the course of the discussion under clause 29.1(b).
29.5 In clause 29 significant effects, on employees, includes any of the following:
(a) termination of employment; or
(b) major changes in the composition, operation or size of the employer’s workforce or in the skills required; or
(c) loss of, or reduction in, job or promotion opportunities; or
(d) loss of, or reduction in, job tenure; or
(e) alteration of hours of work; or
(f) the need for employees to be retrained or transferred to other work or locations; or
(g) job restructuring.
29.6 Where this award makes provision for alteration of any of the matters defined at clause 29.5, such alteration is taken not to have significant effect.
30. Consultation about changes to rosters or hours of work
30.1 Clause 30 applies if an employer proposes to change the regular roster or ordinary hours of work of an employee, other than an employee whose working hours are irregular, sporadic or unpredictable.
30.3 For the purpose of the consultation, the employer must:
(a) provide to the employees and representatives mentioned in clause 30.2 information about the proposed change (for example, information about the nature of the change and when it is to begin); and
30.4 The employer must consider any views given under clause 30.3(b).
30.5 Clause 30 is to be read in conjunction with any other provisions of this award concerning the scheduling of work or the giving of notice.
[Varied by PR763228, PR777258, PR777993]
31.1 Clause 31 sets out the procedures to be followed if a dispute arises about a matter under this award or in relation to the NES.
31.3 If the dispute is not resolved through discussion as mentioned in clause 31.2, the parties to the dispute must then try to resolve it in a timely manner at the workplace through discussion between the employee or employees concerned and more senior levels of management, as appropriate.
31.4 If the dispute is unable to be resolved at the workplace and all appropriate steps have been taken under clauses 31.2 and 31.3, a party to the dispute may refer it to the Fair Work Commission.
31.5 The parties may agree on the process to be followed by the Fair Work Commission in dealing with the dispute, including mediation, conciliation and consent arbitration.
31.6 If the dispute remains unresolved, the Fair Work Commission may use any method of dispute resolution that it is permitted by the Act to use and that it considers appropriate for resolving the dispute.
31.7 A party to the dispute may appoint a person, organisation or association to support and/or represent them in any discussion or process under clause 31.
31.8 While procedures are being followed under clause 31 in relation to a dispute:
(a) work must continue in accordance with this award and the Act; and
(b) an employee must not unreasonably fail to comply with any direction given by the employer about performing work, whether at the same or another workplace, that is safe and appropriate for the employee to perform.
31.9 Clause 31.8 is subject to any applicable work health and safety legislation.
[Note 1 and Note 2 inserted by PR763228; deleted by PR777993 from 26Aug24]
[Note inserted by PR777993 from 26Aug24; varied by PR777258 from 27Aug24]
NOTE: In addition to clause 31, the Act contains dispute resolution procedures as follows:
|
For a dispute about rights under the Act to |
Section |
|
Request flexible working arrangements |
65B |
|
Change casual employment status |
66M |
|
Request an extension to unpaid parental leave |
76B |
|
Exercise an employee’s right to disconnect |
333N |
Part 8—Termination of Employment and Redundancy
NOTE: The NES sets out requirements for notice of termination by an employer. See sections 117 and 123 of the Act.
32.1 Notice of termination by an employee
(a) Clause 32.1 applies to all employees except those identified in sections 123(1) and 123(3) of the Act.
Table 1—Period of notice
|
Column 1 Employee’s period of continuous service with the employer at the end of the day the notice is given |
Column 2 Period of notice |
|
Not more than 1 year |
1 week |
|
More than 1 year but not more than 3 years |
2 weeks |
|
More than 3 years but not more than 5 years |
3 weeks |
|
More than 5 years |
4 weeks |
NOTE: The notice of termination required to be given by an employee is the same as that required of an employer except that the employee does not have to give additional notice based on the age of the employee.
(c) In clause 32.1(b) continuous service has the same meaning as in section 117 of the Act.
(d) If an employee who is at least 18 years old does not give the period of notice required under clause 32.1(b), then the employer may deduct from wages due to the employee under this award an amount that is no more than one week’s wages for the employee.
(e) If the employer has agreed to a shorter period of notice than that required under clause 32.1(b), then no deduction can be made under clause 32.1(d).
(f) Any deduction made under clause 32.1(d) must not be unreasonable in the circumstances.
(a) Where an employer has given notice of termination to an employee, the employee must be allowed time off without loss of pay of up to one day for the purpose of seeking other employment.
(b) The time off under clause 32.2 is to be taken at times that are convenient to the employee after consultation with the employer.
NOTE: Redundancy pay is provided for in the NES. See sections 119 to 123 of the Act.
33.1 Transfer to lower paid duties on redundancy
(a) Clause 33.1 applies if, because of redundancy, an employee is transferred to new duties to which a lower ordinary rate of pay applies.
(b) The employer may:
(i) give the employee notice of the transfer of at least the same length as the employee would be entitled to under section 117 of the Act as if it were a notice of termination given by the employer; or
(ii) transfer the employee to the new duties without giving notice of transfer or before the expiry of a notice of transfer, provided that the employer pays the employee as set out in clause 33.1(c).
(c) If the employer acts as mentioned in clause 33.1(b)(ii), the employee is entitled to a payment of an amount equal to the difference between the ordinary rate of pay of the employee (inclusive of all-purpose allowances, shift rates and penalty rates applicable to ordinary hours) for the hours of work the employee would have worked in the first role, and the ordinary rate of pay (also inclusive of all-purpose allowances, shift rates and penalty rates applicable to ordinary hours) of the employee in the second role for the period for which notice was not given.
33.2 Employee leaving during redundancy notice period
(a) An employee given notice of termination in circumstances of redundancy may terminate their employment during the minimum period of notice prescribed by section 117(3) of the Act.
(b) The employee is entitled to receive the benefits and payments they would have received under clause 33 or under sections 119 to 123 of the Act had they remained in employment until the expiry of the notice.
(c) However, the employee is not entitled to be paid for any part of the period of notice remaining after the employee ceased to be employed.
33.3 Job search entitlement
(a) Where an employer has given notice of termination to an employee in circumstances of redundancy, the employee must be allowed time off without loss of pay of up to one day each week of the minimum period of notice prescribed by section 117(3) of the Act for the purpose of seeking other employment.
(b) If an employee is allowed time off without loss of pay of more than one day under clause 33.3(a), the employee must, at the request of the employer, produce proof of attendance at an interview.
(c) A statutory declaration is sufficient for the purpose of clause 33.3(b).
(d) An employee who fails to produce proof when required under clause 33.3(b) is not entitled to be paid for the time off.
(e) This entitlement applies instead of clause 32.2.
Schedule A—Summary of Monetary Allowances
[Varied by PR718848, PR719003, PR729286, PR729475, PR740712, PR740880, PR750781, PR762140, PR762304, PR773916, PR774084]
See clause 18—Allowances for full details of allowances payable under this award.
A.1 Wage-related allowances and penalty rates
[A.1.1 varied by PR718848, PR729286, PR740712, PR762140, PR773916 ppc 01Jul24]
The wage-related allowances in this award are based on the standard rate as defined in clause 2—Definitions as the minimum annual salary for a Senior Specialist—Pay point 1 in clause 16.1(i) = $119,865.
|
Allowance |
Clause |
% of standard rate |
$ |
Payable |
|
Managerial allowance for Senior Doctors only—Level 1 |
18.2(b)(ii) |
5.56 |
6664.49 |
per annum |
|
Managerial allowance for Senior Doctors only—Level 2 |
18.2(b)(iii) |
13.02 |
15,606.42 |
per annum |
|
Managerial allowance for Senior Doctors only—Level 3 |
18.2(b)(iv) |
20.5 |
24,572.33 |
per annum |
A.1.2 Automatic adjustment of wage-related allowances
[A.1.2 renamed and substituted by PR750781 ppc 15Mar23]
The amount of each wage-related allowance is the percentage of the standard rate specified for the allowance and will automatically adjust to reflect the specified percentage when the standard rate is varied.
[A.1.3 varied by PR718848, PR729286, PR740712, PR762140, PR773916 ppc 01Jul24]
The following penalty rates are calculated by reference to the amount specified:
|
Allowance |
Clause |
Method
|
$ |
Payable |
|
On-call allowance—Medical Practitioners, except for Senior Doctors |
20.3 |
10% of employee’s daily rate per each day on-call |
|
|
|
On-call allowance—Senior Doctors1 |
20.3 |
10% of employee’s annual base salary |
|
|
|
Sleepover arrangement—Doctors in training |
20.5 |
0.08% of standard rate |
95.89 |
per sleepover period |
1 This allowance applies for all purposes of this award.
A.2 Expense-related allowances
[A.2.1 varied by PR719003, PR729475, PR740880, PR762304, PR774084 ppc 01Jul24]
|
Allowance |
Clause |
$ |
Payable |
|
Meal allowances—Work in excess of 10 continuous hours |
18.3(a) |
16.20 |
per occasion |
|
Meal allowances—Work in excess of 15 continuous hours |
18.3(a) |
16.20 |
per occasion |
|
Travelling, transport and fares |
18.3(c)(i) |
0.99 |
per km |
A.2.2 Adjustment of expense-related allowances
(a) At the time of any adjustment to the standard rate, each expense-related allowance will be increased by the relevant adjustment factor. The relevant adjustment factor for this purpose is the percentage movement in the applicable index figure most recently published by the Australian Bureau of Statistics since the allowance was last adjusted.
(b) The applicable index figure is the index figure published by the Australian Bureau of Statistics for the Eight Capitals Consumer Price Index (Cat No. 6401.0), as follows:
|
Allowance |
Applicable Consumer Price Index figure |
|
Vehicle allowance |
Private motoring sub-group |
|
Board and lodging (deduction) |
Domestic holiday travel and accommodation sub-group |
|
Meal allowance |
Take away and fast foods sub-group |
Schedule B—Agreement to Take Annual Leave in Advance
Link to PDF copy of Agreement to Take Annual Leave in Advance.
Name of employee: _____________________________________________
Name of employer: _____________________________________________
The employer and employee agree that the employee will take a period of paid annual leave before the employee has accrued an entitlement to the leave:
The amount of leave to be taken in advance is: ____ hours/days
The leave in advance will commence on: ___/___/20___
Signature of employee: ________________________________________
Date signed: ___/___/20___
Name of employer representative: ________________________________________
Signature of employer representative: ________________________________________
Date signed: ___/___/20___
|
[If the employee is under 18 years of age – include:] I agree that: if, on termination of the employee’s employment, the employee has not accrued an entitlement to all of a period of paid annual leave already taken under this agreement, then the employer may deduct from any money due to the employee on termination an amount equal to the amount that was paid to the employee in respect of any part of the period of annual leave taken in advance to which an entitlement has not been accrued. Name of parent/guardian: ________________________________________ Signature of parent/guardian: ________________________________________ Date signed: ___/___/20___ |
Schedule C—Agreement to Cash Out Annual Leave
Link to PDF copy of Agreement to Cash Out Annual Leave.
Name of employee: _____________________________________________
Name of employer: _____________________________________________
The employer and employee agree to the employee cashing out a particular amount of the employee’s accrued paid annual leave:
The amount of leave to be cashed out is: ____ hours/days
The payment to be made to the employee for the leave is: $_______ subject to deduction of income tax/after deduction of income tax (strike out where not applicable)
The payment will be made to the employee on: ___/___/20___
Signature of employee: ________________________________________
Date signed: ___/___/20___
Name of employer representative: ________________________________________
Signature of employer representative: ________________________________________
Date signed: ___/___/20___
|
Include if the employee is under 18 years of age:
Name of parent/guardian: ________________________________________ Signature of parent/guardian: ________________________________________ Date signed: ___/___/20___ |
[Schedule D—Part-day Public Holidays deleted by PR747348 ppc14Nov22]
[Schedule X—Additional Measures during the COVID-19 Pandemic inserted by PR718141 ppc 08Apr20; varied by PR720633; corrected by PR720662; varied by PR721438, PR724065, PR728136, PR736911; deleted by PR746868 ppc 17Oct22]
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