Senior Medical Staff EBA 2018 - Quick reference guide - AMA Victoria
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EBA 2018 – Quick reference guide Senior Medical Staff
EBA 2018 – Quick reference guide | Senior Medical Staff
Remuneration and Remuneration Reasonable expenses linked to
Increases approved Sabbatical Leave, and;
The agreed increases are: The registration costs of a relevant
Specialist Medical College or
1/1/18: 9% (this includes a 3% Association (however titled or styled)
increase, followed by a 6% additional in the medical field in which the
adjustment to salary scale) Doctor is credentialed and practising.
1/1/19: 3%
1/1/20: 3% Child Care
1/1/21: 3% Where the Doctor is the Primary Carer and
are responsible for the child(ren) during the
For a Doctor whose employment is subject to
the Agreement and was in the employ of a CME activity period, the Doctor will be paid a
Health Service as at 1 January 2018, a once off fixed rate of $250 per day for child care cost.
lump sum payment of $3,500 (pro-rata based
Claims Processing
on a fractional allocation of hours) will be
payable. This clause clarifies that claims are to be
submitted within the financial year in which
Recovery of Overpayments the expense is incurred and extends the
A new clause has been inserted to provide a deadline for submission to no later than 3
clear outline of the processes that a Health months of the end of the financial year to
Service must undertake when seeking to which they relate.
recover an overpayment.
The clause requires health services to process
Shift Penalty Payments claims for reimbursement in an expeditious
The following new shift penalties have been manner in accordance with a process that
inserted into the agreement: involves:
Monday to Friday, between 6.00 pm A 30-day period to assess the claim
and midnight = 25% A period of enquiry
Monday to Friday, between midnight The determination of the outcome of
and 7:00am the following day = 75% the CME claim.
Saturday, between midnight and
7:00am (Sunday) = 75% If a claim is not rejected within 30 days, it
Sunday, between midnight and must be paid.
7:00am (Monday) = 100%
Carry-over
This clause provides that a Doctor prevented
Continuing Medical Education Support from utilising their CME Support Entitlement
We have refined and clarified the CME in a particular financial year due to parental
Support Entitlement as follows. leave, family/caring responsibilities; personal
Improved Reimbursement illness or injury; or other exceptional
The clause now provides for reimbursement circumstances accepted by the Health Service,
for CME-related costs incurred for: may carry-over the unused component of
their CME Support Entitlement into the next
financial year.
1EBA 2018 – Quick reference guide | Senior Medical Staff
Compassionate Leave Long Service Leave
To comply with the National Employment The clause has been updated to align with the
Standards, this Agreement includes the term long service leave entitlement under the
“permissible occasion”, which captures in Doctors in Training Agreement. The update
what circumstances a Doctor is entitled to includes:
access Compassionate Leave.
Service recognition by an industrial
Fitness for Work instrument where the Doctor was
A new Fitness for Work clause has been employed as part of an accredited
inserted into this Agreement. The clause Specialist-training program by an
provides an open and transparent process for employer not covered by that
circumstances where an Employee’s manager agreement
forms a reasonable belief that an Employee Redrafting the clause to improve
may be unfit to perform their duties. clarity whilst retaining existing long
service leave entitlements.
In addition, it clarifies the requirement for the
Employer to make reasonable adjustment Public Holidays
where an employee has either a permanent This clause has been improved and clarifies
or temporary disability. the Doctors’ entitlements where public
holidays occur on their rostered day off or
Prenatal Leave other day off (one day’s ordinary pay).
A new prenatal leave clause has been inserted
into this Agreement. The clause allows a Other changes include additional provisions
Doctor to access his or her personal leave pertaining to the substitution of public
credit to attend pre-natal appointments or holidays for Clinical Academics at Austin
parenting classes. Health, Melbourne Health, Northern, and
Western Health are now expressed within the
Pre-adoption Leave clause and substitution of religious public
A new unpaid pre-adoption leave clause has holidays.
been inserted entitling Doctors to unpaid
leave to attend any interviews or Continuing Medical Education Leave
examinations necessary to the adoption This clause now specifies that the attendance
procedure, subject to satisfactory evidence of a Clinical Academic at a conference to
requirements. deliver medical education is not a CME
activity and no deduction from the leave
Parental Leave entitlements under this clause shall occur in
This updated clause retains and builds upon those circumstances.
the existing parental leave entitlements by:
Removing gender-related terms from
the entitlement to paid parental leave
for the primary carer
Incorporating various obligations that
exist in relation to pregnancy and
adoption.
2EBA 2018 – Quick reference guide | Senior Medical Staff
Family Violence Leave Clinical Support Time
This new Family Violence Leave clause utilises This revised clause realises three significant
the definition of family violence as prescribed improvements:
in the Family Violence Protection Act 2008
It shifts the underlying clause from
(Vic). The clause provides for: being aspirational to an actual
The development of internal-support entitlement.
arrangements for Doctors It sets 50% as the standard CST for
unit heads and specifies that this
experiencing or supporting someone
amount is separate from the wider
experiencing family violence
department, where practitioners
Paid leave to Doctors experiencing pools their CST.
family violence It refines the definition of what
The ability for a Doctor assisting constitutes clinical support duties.
someone experiencing family violence
to access their accrued personal leave Roster design – Safe hours of work
One of the focusses of this round of
Replacement of Doctors when on Leave negotiations was safe working arrangements
A new clause has been inserted which and work life balance. As a result, one of the
requires the Health Service to replace a new clauses is designed to ensure that work is
Doctor who is absent on leave where if not arranged in a way that does not cause an
replacing the Doctor will result or will likely excessive or unsafe work pattern to exist.
result in an unreasonable workload. Workload Management and Review
Flexible Working Arrangements In the spirit of roster design, a new workload
management clause has been inserted which
Another common clause that incorporates the
provides for:
requirements of the Fair Work Act and the
definition found within the Carer Recognition The safe assignment of work
Act. The clause connects with the new Family Regular consultation about a Doctor’s
Violence leave provisions. workload
The capacity for workload to be
Fixed Term Employment
reviewed
The elimination of fixed term or maximum
The ability for disputes about whether
term contracts will occur with this agreement.
a workload is safe to be dealt with via
This comes into effect by inserting a clause
Clause 11 – Dispute Resolution
that provides that fixed term or maximum
term contracts can only be used to meet
genuine fixed term needs.
Rights of Private Practice
Administration
A new clause has been inserted that clarifies
the obligations that a Health Service has in
instances where a Doctor engages the Health
Service as agent to bill his or her private
patients.
3EBA 2018 – Quick reference guide | Senior Medical Staff
Transition to Retirement Definition of Executive Specialist
This new clause provides potential pathways The limitation on Executive Specialist only
for those planning to retire. These pathways being utilised in major teaching Health
include: Services has been removed. This means that
The right to access leave in the upper-level classifications in the EBA can
conjunction with reducing hours of be accessed in non-tertiary hospitals,
work. particularly smaller health services and
The right to request flexible work regional hospitals. The importance of this
arrangements, such as job share change is that it creates a broader career path
arrangements for practitioners at smaller health services and
Entitlement to maintenance of long regional hospitals, and serves as a retention
service leave value when reducing tool for those health services.
hours of work.
Saving of Local Agreements
Hours of Work This existing ‘Saving of Local Agreements’
Full time Doctors clause now provides for a review of
The existing Hours of Work clause has been employment entitlements in operation
modified to clarify that, by agreement with immediately prior to the commencement of
the Health Service, ordinary hours of work for the 2013 Specialists Agreement (Pre-Existing
a Full-time Doctor can be worked over four Entitlements). This review will be conducted
days per week. by AMA Victoria in conjunction with the
Fractional Doctors employers.
The existing Hours of Work clause for It is the intention of the parties to create new
Fractional Doctors has been modified to schedules for insertion into the current
provide that at the time of engagement, the
agreement, subject to FWC requirements, in
Health Service and a Fractional Doctor will
the life of the next agreement.
agree in writing on a regular pattern of work,
specifying at least the hours worked each day; Consultation
and which days of the week the Fractional
This new and improved common consultation
Doctor will work. Any agreed variation to the
clause obliges employers to consult with
regular pattern of work will be recorded in
writing. employees and unions regarding major
change that has a significant effect on
Breastfeeding employees.
A new breastfeeding clause has been inserted
The Agreement provides both Employers and
into this Agreement. The clause provides
Employees with a structured process to follow
doctors with
with indicative timeframes.
A reasonable paid break
A place to express or feed
Appropriate access to storage.
This clause applies in the first year following
birth of a child.
4EBA 2018 – Quick reference guide | Senior Medical Staff
Redundancy Delegates, HSRs and Doctors that hold
This new common clause detailing elected-AMA Victoria/ASMOF positions.
arrangements regarding redundancy has been The AMA Workplace Relations team are
inserted into the Agreement. The clause happy to receive your questions or concerns,
provides transparent arrangements you can contact as on:
addressing:
(03) 9280 8722 or eba@amavic.com.au
a. Redeployment – comparable role -
including to another Employer and/or
another clinical area
b. Support to affected employees
c. Salary maintenance for 52 weeks This document is for information purposes
d. Relocation – including defining only.
reasonable relocation distances)
e. Retraining, and;
f. Termination of employment due to
redundancy
Dispute Resolution
A new common clause detailing dispute
resolution processes has been inserted into
the Agreement. The new clause contains clear
obligations and timelines, as well as a status
quo provision, meaning once a dispute is
initiated, work will continue according to the
usual practices. This means employers
engaging in change processes that are subject
to a dispute will have to place on hold that
process until the dispute is resolved.
Disciplinary Processes
A new common clause detailing disciplinary
procedures has been inserted into the
agreement to replace the existing
Performance Management Protocol (Clause
62).
The Agreement includes definitions for
Performance, Misconduct and Serious
Misconduct.
Union Matters
This new Union Matters clause clarifies and
simplifies the rights of AMA Victoria/ASMOF;
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