WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION. Industrial Relations Act 1979. Hospital Salaried Officers Association of Western Australia (Union of Workers) and Stirling Hospital (1979) Pty Ltd. No. AG 39 of 1998. Stirling Community Hospital HSOA Enterprise Agreement 1998. 20 May 1998. Order. HAVING heard Ms C. Thomas on behalf of the applicant and Ms G. Barnes on behalf of the respondent and by consent, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act, 1979, hereby orders— THAT the Stirling Community Hospital HSOA Enter- prise Agreement 1998 as filed in the Commission on the 20th day of May be registered on and from the 20th day of May 1998. (Sgd.) A. R. BEECH, [L.S.] Commissioner. 1.—TITLE This Agreement shall be known as the Stirling Community Hospital HSOA Enterprise Agreement 1998 (“the Agreement”). 2.—ARRANGEMENT 1. Title 2. Arrangement 3. Parties 4. Area and Scope 5. Term 6. Replacement 7. Relationship to Award 8. Commitment to Improved Productivity 9. Family Leave 10. Parental and Adoption Leave 11. Study Leave 12. Salaries 13. Redundancy 14. Classification Review 15. Dispute Settlement 16. Joint Monitoring Committee 17. Number of Employees 18. Signatories Appendix 1—Classification Review 3.—PARTIES The parties to this Agreement shall be Stirling Hospital (1979) Pty Ltd ACN 008 890 408 trading as Stirling Commu- nity Hospital (“the employer”) and the Hospital Salaried Officers Association of Western Australia (Union of Workers) (“the union”). 4.—AREA AND SCOPE This Agreement shall apply to all employees eligible for membership of the union and employed by the employer at Stirling Community Hospital. 5.—TERM The term of this Agreement shall be from the date of regis- tration until 30 June 1999. 6.—REPLACEMENT (1) Notwithstanding the provisions of Clause 5.—Term, this Agreement shall continue to operate until it is replaced by a new agreement. (2) Provided that the parties may at any time agree to vary or cancel this Agreement in accordance with the provisions of the Industrial Relations Act, 1979. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 78 W.A.I.G. 2886 (3) Renegotiation of this Agreement is to commence no later than 1 April 1999 with the objective being to have a further agreement finalised by the expiry of the term of this Agree- ment. (4) Provided that the parties shall review this Agreement should the total wage prescribed by this Agreement for any classification fall below the relevant wage rate stipulated by the award safety net. 7.—RELATIONSHIP TO AWARD (1) This Agreement shall be read and interpreted in conjunc- tion with the Hospital Salaried Officers (Private Hospitals) Award, 1980 (“the award”). (2) Where there is inconsistency between this Agreement and the Award, this Agreement shall prevail to the extent of any inconsistency. 8.—COMMITMENT TO IMPROVED PRODUCTIVITY (1) The parties to this Agreement are committed to the joint achievement of demonstrated productivity and efficiency meas- ures in order to help meet the increased financial commitments of this Agreement. (2) Employees and the hospitals agree to work together to achieve a culture within the organisation in which— We work as a team recognising the contribution of each individual, recognising their skills and needs and provid- ing mutual support; We understand the needs of the consumers of our service and make every endeavour to meet and, where possible, exceed these needs in order to remain competitive within the industry. We work towards identifying and removing barriers to productivity and efficiency. As one means of achieving this, the hospital will develop and implement strategies aimed at improving and encouraging two way communi- cation and feedback processes. (3) Employees acknowledge the need to work towards a more integrated and interdisciplinary approach to work and the de- velopment of a team oriented approach throughout the hospitals. (4) This Agreement will allow for staff to be temporarily redeployed from Stirling Community Hospital to Cambridge Private Hosptial, to take account of unplanned absences and fluctuations in hospital population and acuity. Before staff are required to be temporarily redeployed, regard shall be given to their experience, competence and training to carry out re- quired tasks. The employer will reimburse any additional transport costs incurred as a result of being redeployed. (5) Without limiting the scope of measures to be examined, the parties agree to work co-operatively to achieve actual pro- ductivity and efficiency through the following terms— (a) develop and implement a waste management pro- gram within the hospital; (b) review the causes of absenteeism and implement ef- fective measures aimed at a reduction in absenteeism (on sick leave and workers compensation) of 10% over the life of this Agreement; (c) conduct a full review of rostering and staffing prac- tices in order to develop effective and efficient options for both hospital and employees; (d) development of strategies which will lead to a greater interdisciplinary and team oriented approach; (e) a commitment by all staff to participate as members of the various hospital committees as required. At- tendance at Unit meetings is compulsory for staff rostered on duty unless otherwise agreed. Off-duty staff who are available to attend any hospital meet- ings shall accrue time-off-in-lieu, to be taken by mutual agreement. (f) a target of 70% attendance at hospital committee meetings; and (g) an acknowledgment that active participation by all staff is an essential requirement for achievement of a successful Accreditation process. The implementation of these measures will be overseen by the Monitoring Committee established under Clause 16.—Joint Monitoring Committee of this Agreement. The Committee will be able to co-opt other employees to assist in the development of these items as required. 9.—FAMILY LEAVE (1) This clause operates in conjunction with Clause 17.— Sick Leave of the Award. Use of Sick Leave (2) An employee with responsibilities in relation to either members of their immediate family or members of their house- hold who need their care and support shall be entitled to use, in accordance with this clause, any sick leave entitlement at accrual for absences to provide care and support for such per- sons when they are ill. Provided that the employee must have accrued sufficient sick leave entitlement for them to have ac- cess to a minimum of ten days for their own illness or injury in their current year of employment. (3) The employee shall, if required, establish by production of a medical certificate or statutory declaration, the illness of the person concerned. (4) The entitlement to use sick leave in accordance with this clause is subject to— (a) the employee being responsible for the care of the person concerned; and (b) the person concerned being either— (i) a member of the employee’s immediate fam- ily; or (ii) a member of the employee’s household. (5) The term “immediate family” includes— (a) a spouse (including a former spouse, a de facto spouse and a former de facto spouse) of the employee; and (b) a child (including an adopted child, a step child or an ex-nuptial child), parent, grandparent, grandchild or sibling of an employee or spouse of the employee. (6) The employee shall, wherever practicable, give the em- ployer notice prior to the absence of the intention to take leave, the name of the person requiring care and their relationship to the employee, the reasons for taking such leave and the esti- mated length of absence. If it is not practicable for the employee to give prior notice of absence, the employee shall notify the employer by telephone of such absence at the first opportunity on the day of absence. Unpaid Leave for Family Purposes (7) An employee may elect, with the consent of the hospital, to take unpaid leave for the purpose of providing care to a family member who is ill. (8) Annual Leave (a) Notwithstanding the provision of this clause, an employee may elect, with the consent of the employer, to take annual leave in single day periods not exceeding five days in any calendar year at a time or times agreed between them. (b) The employer may agree to defer payment of the annual leave loading in respect of such leave, until at least 5 consecu- tive annual leave days are taken. (9) Make-up Time An employee may elect, with the consent of their employer, to work “make-up time” under which the employee takes time off during ordinary hours, and works those hours at a later time, during the spread of ordinary hours provided in the Award. (10) Grievance Procedures In the event of a dispute arising in connection with any part of this clause, such a dispute shall be processed in accordance with the dispute settling provisions of this Agreement. 10.—PARENTAL AND ADOPTION LEAVE Interpretation (1) In this Clause— “adoption”, in relation to a child, is a reference to a child who— (a) is not the natural child or the step-child of the em- ployee or the employee’s spouse; (b) is less than 5 years of age; and (c) has not lived continuously with the employee for 6 months or longer; WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 2887 78 W.A.I.G. “continuous service” means service under an unbroken contract of employment and includes— (a) any period of parental leave; and (b) any period of leave or absence authorised by the employer, this Agreement, an employee’s contract of employment or the Minimum Conditions of Em- ployment Act, 1993; “expected date of birth” means the day certified by a medi- cal practitioner to be the day on which the medical practitioner expects the employee or the employee’s spouse, as the case may be, to give birth to a child; “parental leave” means leave provided for by this clause; “spouse” includes a de facto spouse. (2) Entitlement to parental leave (a) Subject to the provisions of this clause, an employee, other than a casual employee, is entitled to take up to 52 con- secutive weeks of unpaid leave in respect of— (i) the birth of a child to the employee or the employ- ee’s spouse; or (ii) the placement of a child with the employee with a view to the adoption of the child by the employee. (b) An employee is not entitled to take parental leave unless he or she— (i) has, before the expected date of birth or placement, completed at least 12 months’ continuous service with the employer; and (ii) has given the employer at least 10 weeks’ written notice of his or her intention to take the leave. Provided that an employee shall not be in breach of these notice requirements where failure to give such notice results from confinement or adoption occurring earlier than the ex- pected date. (c) An employee is not entitled to take parental leave at the same time as the employee’s spouse but this paragraph does not apply to one week’s parental leave— (i) taken by the male parent immediately after the birth of the child; or (ii) taken by the employee and the employee’s spouse immediately after a child has been placed with them with a view to their adoption of the child. (d) The entitlement to parental leave is reduced by any pe- riod of parental leave taken by the employee’s spouse in relation to the same child, except the period of one week’s leave re- ferred to in paragraph (c) of this subclause. (3) Maternity leave to start 6 weeks before birth A female employee who has given notice of her intention to take parental leave, other than for an adoption, is to start the leave 6 weeks before the expected date of birth unless in re- spect of any period closer to the expected date of birth a medical practitioner has certified that the employee is fit to work. (4) Medical certificate An employee who has given notice of his or her intention to take parental leave, other than for adoption, is to provide to the employer a certificate from a medical practitioner stating that the employee or the employee’s spouse, as the case may be, is pregnant and the expected date of birth. (5) Notice of spouse’s parental leave (a) An employee who has given notice of his or her intention to take parental leave or who is actually taking parental leave is to notify the employer of particulars of any period of paren- tal leave taken or to be taken by the employee’s spouse in relation to the same child. (b) Any notice given under paragraph (a) of this subclause is to be supported by a statement of information to the satisfac- tion of the employer or a statutory declaration by the employee as to the truth of the particulars notified. (6) Notice of parental leave details (a) An employee who has given notice of his or her intention to take parental leave is to give the employer not less than four weeks’ written notice of the dates on which the employee wishes to start and finish the leave. (b) The period of leave may be varied, by the employee giv- ing not less than 14 days’ notice in writing, unless a lesser period is agreed, provided that the period may be lengthened once only, save with the agreement of the employer. (c) An employee shall confirm his/her intention of returning to work by notice in writing to the employer, given not less than 14 days prior to the expiration of the period of parental leave. (7) Cancellation of maternity leave (a) Maternity leave, applied for but not commenced, shall be cancelled when the pregnancy of an employee terminates other than by the birth of a living child. (b) Where the pregnancy of an employee then on maternity leave terminates other than by the birth of a living child, it shall be the right of the employee to resume work at a time nominated by the employer which shall not exceed four weeks’ from the date of notice in writing by the employee to the em- ployer that she desires to resume work. (8) Special parental leave and sick leave (a) Where the pregnancy of an employee not then on paren- tal leave terminates after 28 weeks other than by the birth of a living child then— (i) she shall be entitled to such period of unpaid leave (to be known as special parental leave) as a duly quali- fied medical practitioner certifies as necessary before her return to work; or (ii) for illness other than the normal consequences of confinement she shall be entitled, either in lieu of or in addition to special parental leave, to such paid sick leave as to which she is then entitled and which a duly qualified medical practitioner certifies as nec- essary before her return to work. (b) Where an employee not then on parental leave suffers illness related to her pregnancy, she may take such paid sick leave as to which she is then entitled and such further unpaid leave (to be known as special parental leave) as a duly quali- fied medical practitioner certifies as necessary before her return to work, provided that the aggregate of paid sick leave, spe- cial parental leave and parental leave shall not exceed 52 weeks. (c) For the purposes of this clause, parental leave shall in- clude special parental leave. (9) Transfer to a Safe Job— (a) Where in the opinion of a duly qualified medical practitioner, illness or risks arising out of the preg- nancy or hazards connected with the work assigned to the employee make it inadvisable for the employee to continue at her present work, the employee shall, if the employer deems it practicable, be transferred to a safe job at the rate and on the conditions at- tached to that job until the commencement of parental leave. (b) If the transfer to a safe job is not practicable, the employee may, or the employer may require the employee to, take leave for such period as is certi- fied necessary by a duly qualified medical practitioner. Such leave shall be treated as parental leave for the purposes of this clause. (10) Return to work after parental leave (a) On finishing parental leave for any reason, an employee is, subject to paragraph (c) of this subclause, entitled to the position he/she held immediately before starting parental leave. (b) If the position referred to in paragraph (a) of this subclause is not available, the employee is entitled to an available posi- tion— (i) for which the employee is qualified; and (ii) that the employee is capable of performing, most comparable in status and pay to that of his/her former position. (c) Where, immediately before starting parental leave, an employee was acting in, or performing on a temporary basis the duties of, the position referred to in paragraph (a) of this subclause, that paragraph applies only in respect of the posi- tion held by the employee immediately before taking the acting or temporary position. (11) Effect of parental leave on employment Notwithstanding any Award or other provision to the con- trary, absence on parental leave shall not break the continuity WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 78 W.A.I.G. 2888 of service of an employee but shall not be taken into account in calculating the period of service for any purpose of the Agree- ment. (12) Parental Leave and Other Leave Entitlements— Subject to subclauses (2)(c) and (2)(d) of this clause, pro- vided that the aggregate of leave including leave taken pursuant to this clause, does not exceed 52 weeks— (a) An employee may, in lieu of or in conjunction with parental leave, take any annual leave or long service leave or any part thereof to which he/she is then en- titled. (b) Subject to the provision of subclause (8) of this clause, paid sick leave or other paid authorised award absences (excluding annual leave or long service leave), shall not be available to an employee during his/her absence on parental leave. (13) Effect of Parental Leave on Accrued Days Off (a) Where an employee proceeds on parental leave there shall be no accrual towards an Accrued Day(s) Off as prescribed in subclauses (1) and (2) of Clause 12.—Hours of the Award. (b) When an employee proceeds on parental leave the em- ployer may pay the employee the amount of hours accrued towards an Accrued Day(s) Off as prescribed in subclauses (1) and (2) of Clause 12.—Hours of the Award. (14) Termination of Employment— (a) An employee on parental leave may terminate his/ her employment at any time during the period of leave by notice given in accordance with the Award. (b) An employer shall not terminate the employment of an employee on the ground of pregnancy, or of his/ her absence on parental leave, but otherwise the rights of an employer in relation to termination of employ- ment are not hereby affected. (15) Replacement Employees (a) A replacement employee is an employee specifically en- gaged as a result of an employee proceeding on parental leave. (b) Before an employer engages a replacement employee under this subclause, the employer shall inform that person of the temporary nature of the employment and of the rights of the employee who is being replaced. (c) Before an employer engages a person to replace an em- ployee temporarily promoted or transferred in order to replace an employee exercising his/her rights under this clause, the employer shall inform that person of the temporary nature of the promotion or transfer and of the rights of the employee who is being replaced. (d) Provided that nothing in this subclause shall be construed as requiring an employer to engage a replacement employee. (e) A replacement employee shall not be entitled to any of the rights conferred by this clause except where employment continues beyond the twelve months’ qualifying period. 11.—STUDY LEAVE (1) The employer recognises the value of providing the op- portunity to employees to attend approved conferences, seminars, courses and the like where the content is expected to contribute significantly to their body of knowledge and there- fore work performance. (2) Conference or study leave is available to any employee provided that the employee has the opportunity to gain knowl- edge and skills relevant to the organisation. (3) Applications for conference or study leave must be sub- mitted in accordance with the hospital’s policy and procedure. Financial support will be subject to budgetary considerations but applicants for conference or study leave need to also rec- ognise that there may be a need to sustain a level of personal expenditure, particularly where the employee has the oppor- tunity to undertake professional development. (4) Employees who receive financial support and/or paid leave to undertake courses and conferences and the like are encouraged to disseminate appropriate information within the organisation as a result of that activity. 12.—SALARIES (1) The minimum rate of salaries to be paid to employees covered by this Agreement shall be as set out hereunder— Column A: Award salary including first, second and third Arbitrated Safety Net Adjust- ments. Column B: A 7% salary increase to take effect from the first pay period commencing on or after 13 August 1997. Column C: A further 2% salary increase to be available six months after registration of this Agreement. Level and Increment Column Column Column A B C Level 1 20,484 21,918 22,356 20,874 22,335 22,782 21,273 22,762 23,217 Level 2 21,595 23,107 23,569 22,249 23,806 24,283 22,899 24,502 24,992 23,547 25,195 25,699 Level 3 24,198 25,892 26,410 24,849 26,588 27,120 25,598 27,390 27,938 Level 4 26,116 27,944 28,503 26,881 28,763 29,338 Level 5 27,785 29,730 30,325 28,488 30,482 31,092 Level 6 29,227 31,273 31,898 30,406 32,534 33,185 Level 7 31,023 33,195 33,859 31,948 34,184 34,868 Level 8 32,899 35,202 35,906 34,250 36,648 37,380 Level 9 34,954 37,401 38,149 35,921 38,435 39,204 Level 10 36,916 39,500 40,290 37,940 40,596 41,408 Level 11 39,912 42,706 43,560 41,376 44,272 45,158 Level 12 43,456 46,498 47,428 Level 13 44,569 47,689 48,643 45,979 49,198 50,181 Level 14 47,440 50,761 51,776 Level 15 49,575 53,045 54,106 51,325 54,918 56,016 Level and Increment Column Column Column A B C A1 53,505 57,250 58,395 A2 55,680 59,578 60,769 A3 57,832 61,880 63,118 A4 60,008 64,209 65,493 A5 63,667 68,124 69,486 A6 66,317 70,959 72,378 A7 68,972 73,800 75,276 A8 71,971 77,009 78,549 A9 75,153 80,414 82,022 (2) An employee, who is 21 years of age or older on ap- pointment to a classification equivalent to Level 1, may be appointed to the minimum rate of pay based on years of serv- ice, not on age. (3) Employees who are appointed to Level 1, Level 2, or Level 3, and are under 21 years of age, shall have their sala- ries calculated using the following percentages of the first year of service rate for the Level the employee is appointed to— Under 17 years of age 54 % 17 years of age 64 % 18 years of age 74 % 19 years of age 86 % 20 years of age 97 % Notwithstanding this provision, the employer can appoint an employee to the first year of service rate or higher. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 2889 78 W.A.I.G. (4) Salaries—Specified Callings and Other Professionals (a) Employees who are employed in the calling of Medical Scientist, Scientific Officer, Dietitian, Occupational Therapist, Physiotherapist, Social Worker, Speech Pathologist, or any other professional calling as agreed between the Union and employer, shall be entitled to annual salaries as follows— Level and Increment Column Column Column A B C Level 5 / 10 27,785 29,730 30,325 29,227 31,273 31,898 31,023 33,195 33,859 32,899 35,202 35,906 35,921 38,435 39,204 37,940 40,596 41,408 Level 11 / 12 39,912 42,706 43,560 41,376 44,272 45,158 43,456 46,498 47,428 Level 13 / 14 44,569 47,689 48,643 45,979 49,198 50,181 47,440 50,761 51,776 Level 15 49,575 53,045 54,106 51,325 54,918 56,016 Level and Increment Column Column Column A B C A1 53,505 57,250 58,395 A2 55,680 59,578 60,769 A3 57,832 61,880 63,118 A4 60,008 64,209 65,493 A5 63,667 68,124 69,486 A6 66,317 70,959 72,378 A7 68,972 73,800 75,276 A8 71,971 77,009 78,549 A9 75,153 80,414 82,022 (b) Subject to paragraph (d) of this subclause, on appoint- ment or promotion to Level 5/10 under this clause— (i) Employees, who have completed an approved three academic year tertiary qualification, relevant to their calling, shall commence at the first year increment. (ii) Employees, who have completed an approved four academic year tertiary qualification, relevant to their calling, shall commence at the second year incre- ment. (iii) Employees, who have completed an approved Mas- ters or PhD degree, relevant to their calling, shall commence on the third year increment. Provided that employees who attain a higher tertiary level qualification after appointment shall not be entitled to any advanced progression through the range. (c) The employer and union shall be responsible for deter- mining the relevant acceptable qualifications for appointment, for the callings covered by this clause, and shall maintain a manual setting out such qualifications. (d) The employer, in allocating levels pursuant to subclause (2) of this clause, may determine a commencing salary above Level 5/10 for a particular calling or callings. (5) Annual increments shall be subject to the employee’s satisfactory performance over the preceding twelve months. (6) Any dispute in relation to the payment of an annual in- crement shall be referred to the