WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION. Industrial Relations Act 1979. The Kimberley Health Service and Hospital Salaried Officers Association Of Western Australia (Union Of Workers). No. PSA AG 35 of 2000. Hospital Salaried Officers Kimberley Health Service Enterprise Agreement 1999. 19 May 2000. Order. HAVING heard Mr J P Hetman as agent for the Applicant and Mr C D Panizza on behalf of the Respondent, and by consent, WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 2261 80 W.A.I.G. the Commission, pursuant to the powers conferred on it un- der the Industrial Relations Act, 1979, hereby orders— 1. THAT the agreement made between the parties as lodged in the Commission on the 18th day of April 2000 entitled Hospital Salaried Officers Kimberley Health Service Enterprise Agreement 1999 and as subsequently amended by direction of the Commis- sion be registered in the terms of the following Schedule as an industrial agreement and replaces the Hospital Salaried Officers Kimberley Health Serv- ice (West) Enterprise Bargaining Agreement 1997 (PSA AG 23 of 1998) and the Hospital Salaried Of- ficers Kimberley Health Service (East) Enterprise Bargaining Agreement 1997 (PSA AG 19 of 1998) which are hereby cancelled, and 2. THAT the Hospital Salaried Officers Broome Dis- trict Hospital Enterprise Bargaining Agreement 1996 (PSA AG 21 of 1996); Hospital Salaried Officers Derby Regional Hospital Enterprise Bargaining Agreement 1996 (PSA AG 32 of 1996); Hospital Salaried Officers Fitzroy Crossing District Hospital Enterprise Bargaining Agreement 1996 (PSA AG 38 of 1996); Hospital Salaried Officers Halls Creek District Hospital Enterprise Bargaining Agreement 1996 (PSA AG 44 of 1996); Hospital Salaried Of- ficers Kununarra District Hospital Enterprise Bargaining Agreement 1996 (PSA AG 58 of 1996); Hospital Salaried Officers Numbala Nunga Derby Nursing Home Enterprise Bargaining Agreement 1996 (PSA AG 82 of 1996); Hospital Salaried Of- ficers Wyndham District Hospital Enterprise Bargaining Agreement 1996 (PSA AG 113 of 1996) are hereby cancelled. (Sgd.) G. L. FIELDING, [L.S.] Senior Commissioner, Public Service Arbitrator. ——— Schedule. 1.—TITLE This Agreement shall be titled the Hospital Salaried Offic- ers Kimberley Health Service Enterprise Agreement 1999. 2.—ARRANGEMENT 1. Title 2. Arrangement 3. Purpose of Agreement 4. Application and Parties Bound 5. Term of Agreement 6. No Extra Claims 7. Objectives, Principles and Commitments 8. Framework and Principles for Identifying Produc- tivity Improvements and Bargaining 9. Awards, Agreements and Workplace Agreements 10. Rates of Pay and their Adjustment 11. Resources for Ongoing Productivity Improvement and Further Enterprise Bargaining Negotiations 12. Dispute Avoidance and Settlement Procedures 13. Hours 14. Part-Time Employees 15. Public Holidays 16. Long Service Leave 17. Sick Leave 18. Taking of Annual Leave 19. Family, Bereavement and Personal Leave 20. Parental Leave 21. Award Consolidation 22. Allowances 23. Overpayments 24. Mobility 25. Contract of Service—Probation 26. Skills Acquisition, Training and Employee Devel- opment 27. Establishment of Competencies for Levels 1 and 2 28. Salary Packaging 29. Salaries 30. Review of Sick Leave Management 31. Rural Recruitment and Retention Issues 32. Ratification ATTACHMENT 1—Model for Identifying Produc- tivity Increases ATTACHMENT 2—Award Amendments 3.—PURPOSE OF AGREEMENT (1) This Agreement aims to achieve improvements in pro- ductivity and efficiency and the enhanced performance of the Kimberley Health Service along with allowing the benefits from those improvements to be shared by employees, the Kim- berley Health Service and the Government on behalf of the Community. (2) This Agreement places priority on the parties at Kim- berley Health Service taking responsibility for their own human resource and labour relations affairs and reaching agree- ment on issues appropriate to the Kimberley Health Service. 4.—APPLICATION AND PARTIES BOUND (1) This agreement applies to the Hospital Salaried Officers Association of Western Australia (Union of Workers) (HSOA), the Employees covered by the Hospital Salaried Officer’s Award No. 39 of 1968 and employed by the Kimberley Health Service and the Kimberley Health Service. (2) The estimated number of employees bound by this Agree- ment at the time of registration is 125.7 FTE . (3) This Agreement shall be read in conjunction with the Hospital Salaried Officers Award No. 39 of 1968 (hereafter referred to as the Award) and shall replace the provisions of that Award where expressly stated herein. Wherever there is an inconsistency between the Agreement and the Award, the Agreement shall take precedence. (4) This Agreement cancels and replaces the following Agreements; Hospital Salaried Officers Kimberley Health Service (West) Enterprise Bargaining Agreement 1997 (PSA AG 23 of 1998) and the Hospital Salaried Officers Kimberley Health Service (East) Enterprise Bargaining Agreement 1997 (PSA AG 19 of 1997). 5.—TERM OF AGREEMENT (1) This Agreement shall operate from the date of Registra- tion until its expiry on 1 December 2001. (2) The parties to this Agreement agree to re-open negotia- tions at least no later than six months prior to the expiry of this Agreement, provided that neither party may refuse to commence negotiations as early as Enterprise bargaining negotiations com- mence for the Metropolitan Health Service Board. 6.—NO EXTRA CLAIMS Subject to the terms of this agreement, for life of the agree- ment, the Hospital Salaried Officers Association shall make no further claims on Kimberley Health Service at Industry or Health Service Level. 7.—OBJECTIVES, PRINCIPLES AND COMMITMENTS (1) The parties agree that the objectives of this Agreement are to— (a) improve the productivity and efficiency of the Kim- berley Health Service; (b) facilitate greater flexibility in the management of conditions and work arrangements across the Kim- berley Health Service; (c) ensure high quality patient services in a safe, healthy and equitable work environment; (d) ensure high quality of employment and jobs; and (e) provide a pathway to providing a wage increase to employees based upon the achievement of improved productivity and efficiency. (2) By— (a) ensuring that gains achieved through agreed im- proved productivity and changes in workplace culture are shared by employees, Kimberley Health Service and its clients and the Government on be- half of the community; (b) ensuring that the Kimberley Health Service oper- ates in a manner consistent with the principles outlined in Section 7 of the Public Sector Manage- ment Act; WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 80 W.A.I.G. 2262 (c) developing and pursuing changes on a co-operative basis; and (d) ensuring that the Kimberley Health Service oper- ates as effectively, efficiently and competitively as possible. (3) The Hospital Salaried Officers Association and the Kim- berley Health Service, Management and Employees bound by this Agreement are committed to— (a) Support and actively contribute to health service continuous quality improvement, including best practice, where best practice— (i) is simply the best way of doing things; (ii) is a continuous improvement process which involves constantly changing, adapting and integrating related approaches to health serv- ice issues; (iii) practices are not fixed and not restricted to an examination of costs, but also include quality and delivery issues; (iv) is outcome rather than simply activity based; (v) provides the processes, structures, rights and obligations that are essential to ensure that the full capacity for innovation of employees is fully and effectively used; (vi) depends on effective training, empowerment and participation of both management and employees to acquire and utilise the skills which are necessary to effectively develop, implement and evaluate the change process; and (vii) are to be based on the following principles— • customer/patient focus • management commitment • employee participation • leadership • information analysis • policies and plans • appropriate standards • hospital/health service performance • cost effectiveness • working smarter (b) Support the clinical and organisational goals of the health service and contribute to the achievement of those goals as active members of the health service community. (c) Support and actively contribute to the achievement and/or maintenance of ACHS Accreditation or simi- lar quality standard. (d) Actively contribute to the achievement of health serv- ice budgets. (e) Assist with achieving Health Department defined waiting list priorities and day surgery targets. (f) Co-operate with the development and implementa- tion of strategies to achieve length of stay targets. (g) Participate in a Multi-disciplinary approach to pa- tient care. (h) The principles of public sector administration; in particular to the principles contained in Sec- tions 7, 8 and 9 of the Public Sector Management Act 1994. (4) In addition, the Kimberley Health Service is committed to facilitating and encouraging the participation and commit- ment of employees. 8.—FRAMEWORK AND PRINCIPLES FOR IDENTIFYING PRODUCTIVITY IMPROVEMENTS AND BARGAINING (1) (a) Following the receipt of a request from the HSOA to negotiate a new Agreement, in accordance with Clause 5.— Term of Agreement, a representative from the Kimberley Health Service will meet with a representative from the HSOA to discuss the request as soon as practicable but in any event within ten working days of the receipt of the request. These discussions should include process issues such as what sort of bargaining mechanism will be established, what con- sultative process can be used or needs to be put in place, possible initiatives to be considered and the time frame. Negotiations will be conducted in a manner and time frame agreed by the parties to this Agreement. (b) The negotiations should occur on the basis of a broad agenda of initiatives designed to improve efficiency, effec- tiveness, productivity, patient care and flexibility within the Kimberley Health Service. (c) The agenda should include but not be limited to— (i) changes in work organisation, job design and work- ing patterns and arrangements; (ii) examination of terms and conditions of employment to ensure they are suited to the Kimberley Health Service operational requirements; (iii) identification and implementation of best practice across all areas of service delivery; (iv) (i), (ii) and (iii) can be achieved by means including but not limited to— (aa) new training and skills development programs as and where required; (bb) the optimum use of human and capital re- sources including new technology; (cc) quality assurance and continuous improve- ment programs; (dd) having due regard to operational requirements, allowing sufficient flexibility to enable employ- ees to meet their family responsibilities; and (ee) active occupational health and safety risk re- duction, training and rehabilitation programs. (2) In negotiating further salary increases in return for pro- ductivity improvements, the parties should ensure that the following issues have been addressed and/or applied— (a) Productivity Improvements Productivity improvements are changes which in- crease the efficiency and effectiveness of the Kimberley Health Service in meeting its agreed and contracted service programs and outcomes. Produc- tivity improvements may be related to work practices or arrangements. They may be things which go to minimise the cost of what is done, to the way things are done, to when they are done, to the quality of what is done or to improve the ability of the pro- vider to meet patient and customer needs. They may or may not require changes from Award conditions. Without limiting any of the above, in practice, the primary focus of Enterprise Bargaining in the workplace is likely to be on best practice, efficiency, effectiveness, competitiveness, cost savings, and quality of employment. (b) Sharing Gains from Productivity Improvement The parties accept that there is no precise formula for the sharing of gains from productivity improve- ments, but in any agreement, in addition to employee benefits, there must be a clear and specific return to the Kimberley Health Service and/or the Govern- ment. Productivity improvements may be related to work practices or arrangements, subject to accept- ance that where capital expenditure requires changes in work methods and/or the number of employees and the changes are of a nature that enhances the investment, it shall qualify as a productivity improve- ment, provided that there is a net quantifiable benefit to the Kimberley Health Service. Where employees repackage or exchange employ- ment conditions, all or most of the saving or productivity improvement made by the Kimberley Health Service can be returned to the employees. (c) Identifying Productivity Increases To assist in identifying and negotiating productivity improvements during the life of this agreement and in negotiating the next agreement a model for iden- tifying productivity increases is contained in Attachment 1. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 2263 80 W.A.I.G. 9.—AWARDS, AGREEMENTS AND WORKPLACE AGREEMENTS (1) Relationship Between Agreements and Awards Consistent with the Industrial Relations Act 1979 and the State Wage Principles, this Agreement shall provide the whole of the employees’ wage increases for the life of the Agree- ment. (2) Choice between this Agreement and Workplace Agree- ments (a) The parties accept that Employees will be given an informed and free choice between this Agreement and Workplace Agreements; (b) To facilitate the making of an informed and free choice— (i) Employees who are to be offered a choice between this Agreement and a workplace agreement may only be required to indicate their choice after the employee has been of- fered the position. (ii) Where an employee has been offered a choice the employee shall have a minimum of seven days in which to decide which alternative to take, provided that where it is necessary to fill a position within a period of less than seven days or where an employer agrees to an em- ployee commencing within a period of less than seven days, the employee shall have up to the date of formal acceptance. (iii) The employee shall be provided with— (aa) a copy of an agreed summary of this Agreement; and (bb) a copy of a summary of the Workplace Agreement. (iv) At the request of an employee, the employee shall be provided with— (aa) access to a copy of this Agreement and the Workplace Agreement; (bb) any other relevant documentation, such as information on salary packaging; and (cc) information on where they can obtain further advice and on how to contact the Union. For its part, the Union undertakes to advise all em- ployees on the matter of choice whether or not they are members of the Union. (c) If agreement on any aspect of this clause is not able to be reached the dispute settlement procedure set out in Clause 12 of this Agreement is to be followed. (3) By agreement between the employer and the employee, an employee who has signed a Workplace Agreement prior to the registration of this S.41 Industrial Agreement can revisit the Workplace Agreement in light of this Agreement. (4) All staff transferred or redeployed to the Kimberley Health Service from within the Public Sector or within the Government Health Industry may be offered the choice of a Workplace Agreement or this Agreement subject to the dis- cretion of the Kimberley Health Service. (5) All promotional positions and new staff recruited by the Kimberley Health Service from outside the Public Sector may be provided with the choice of a Workplace Agreement or this Agreement, subject to the discretion of the Kimberley Health Service. (6) In the exercising of the discretion to only offer a Workplace Agreement under subclauses (4) and (5) of this clause, the Kimberley Health Service shall ensure that the decision to only offer a Workplace Agreement is made for legitimate operational reasons. In exercising their discretion to only offer a Workplace Agreement, the Kimberley Health Service is to liaise with the HSOA to ensure it is not done to circumvent the option of choice. 10.—RATES OF PAY AND THEIR ADJUSTMENT This Agreement provides for the following salary in- creases— (1) 4.0% from 16 November 1999; (2) 1.5% from 1 January 2000; (3) 2.0% from 1 July 2000; and (4) 1.25% from 1 January 2001. The final payment of 1.25% will be subject to— (a) the KHS identifying productivity in excess of that used to justify the other salary increases; and (b) approval by government. Productivity is to be identified in accordance with the definitions contained in Clause 8 of this Agreement and the “Model for Identify- ing Productivity increases” referred to in that clause. (5) The rates of pay are set out in clause 29.— Salaries, of this Agreement. (6) All increases are compounded. 11.—RESOURCES FOR ONGOING PRODUCTIVITY IMPROVEMENT AND FURTHER ENTERPRISE BARGAINING NEGOTIATIONS (1) It is recognised that enterprise bargaining places consid- erable obligations upon the parties at the Kimberley Health Service. (2) (a) To assist in meeting these obligations, the Kimberley Health Service will assist by providing appropriate resources having regard to the operational requirements of the Kimber- ley Health Service and resource requirements associated with developing productivity improvements under this Agreement and with negotiating a new agreement; (b) Access to resources shall be negotiated with the Kim- berley Health Service and shall not unreasonably affect the operation of the Kimberley Health Service; (c) Any paid time or resources shall be provided in a man- ner suitable to both parties and to enable negotiations to occur and to assist in the achievement of improvements and of agree- ment. (d) The parties accept that the process of bargaining in good faith includes disclosing relevant information, as appropriate for the purposes of the negotiations and confidentiality and privacy in the negotiation process will be respected at all times. (e) The parties accept that on occasions the nature of certain information may prejudice a party’s position or not assist in the resolution of the matter. Subject to the rights of the parties to invoke Clause 12.—Dispute Avoidance and Settlement Pro- cedures of this Agreement, a decision on whether or not to exchange or divulge information will be a matter for the rel- evant party to decide, provided that information shall not be unreasonably withheld; (f) Where information of a commercial or sensitive nature is exchanged, the parties agree not to use or divulge that in- formation outside of the negotiating forums. (3) No officer or employee will be discriminated against as a result of activities conducted in accordance with this clause. 12.—DISPUTE AVOIDANCE AND SETTLEMENT PROCEDURES (1) This clause is to be read in conjunction with Clause 27 of the Award. The objective of this Clause is to provide a set of procedures for dealing with any question, dispute or diffi- culty arising under this Agreement and for dealing with any question, dispute or difficulty between the parties during ne- gotiations for amendments to this Agreement. (2) Subject to the Public Sector Management Act 1994, in the event of any question, dispute or difficulty arising under this Agreement, the following procedures shall apply, provided that nothing in these procedures shall prevent the Secretary of the HSOA (or his/her nominee) from intervening to assist in the process— (a) The matter is to be discussed between the HSOA employee representative and the employer repre- sentative and an attempt made to resolve the matter; (b) If the matter is unable to be resolved through dis- cussions between the HSOA employee representative and the employer representative, the matter is to be discussed between the employee representative and WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 80 W.A.I.G. 2264 a representative nominated by the General Manager of the Kimberley Health Service (or his/her nomi- nee), as soon as practicable but within five working days. Notification of any question, dispute or diffi- culty may be made verbally and/or in writing; (c) The parties may individually or collectively seek ad- vice from any appropriate organisation or person in an attempt to resolve the matter; (d) If the matter is not resolved within five working days of the date of notification in (b) hereof, either party may notify the Secretary of the HSOA (or his/her nominee), or a representative nominated by the Gen- eral Manager of the Kimberley Health Service (or his/her nominee) of the existence of a dispute or disa- greement; (e) The Secretary of the HSOA (or his/her nominee) a representative nominated by the General Manager of the Kimberley Health Service (or his/her nomi- nee) shall confer on the matters notified by the parties within five working days and— (i) where there is agreement on the matters in dispute the parties shall be advised within two working days; (ii) where there is disagreement on any matter it may be submitted to the Western Australian Industrial Relation Commission. (3) Where any matter is referred to the