WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION. Industrial Relations Act 1979. Honourable Minister for Health and Others and The Western Australian Branch of the Australian Medical Association Incorporated. No. PSA AG 14 of 1995. Western Australian Government Health Industry Medical Officers and Medical Practitioners Agreement 1996. PUBLIC SERVICE ARBITRATOR COMMISSIONER P E SCOTT. 12 January 1996. Order. HAVING heard Mr E Dillon on behalf of the Applicants and Mr P Jennings on behalf of the Respondent, now therefore the Public Service Arbitrator, pursuant to the powers conferred by the Industrial Relations Act, 1979, and by consent, hereby orders— THAT the Western Australian Government Health In- dustry Medical Officers and Medical Practitioners Agree- ment 1996 in the terms of the following schedule be registered with effect on and from the 1st day of January 1996. (Sgd.) P.E. SCOTT, [L.S] Commissioner. Schedule. PART 1—PRELIMINARIES 1.1—TITLE This Agreement shall be known as the Western Australian Government Health Industry Medical Officers and Medical Practitioners Agreement 1996. 1.2—NO FURTHER CLAIMS It is a condition of this Agreement that the Association un- dertakes that for the period of this Agreement it will not pur- sue any extra claims with respect to salaries and conditions to have application within the period of this Agreement. 1.3—APPLICATION (1) Subject to subclause (2), this Agreement shall operate throughout the State of Western Australia and shall apply to all medical practitioners employed in or by a hospital board established under the Hospitals and Health Services Act 1927. (2) This Agreement shall not apply to: (a) Medical Superintendents. (b) Any medical practitioner who is a member of the Senior Executive Service. (c) Any medical practitioner engaged as an independ- ent contractor. 1.4—TERM OF AGREEMENT This Agreement shall operate as from 1 January 1996 and shall remain in force until 30 September 1997. 1.5—ARRANGEMENT PART 1—PRELIMINARIES 1.1 Title 1.2 No Further Claims 1.3 Application 1.4 Term of Agreement 1.5 Arrangement 1.6 Background 1.7 Commitments 1.8 Broad Objectives of the Agreement WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 410 76 W.A.I.G. 1.7—COMMITMENTS (a) The parties agree to work together to develop further a committed, flexible and highly skilled workforce of Medical Practitioners that are focused on customer service, productiv- ity and on a working environment which is mutually reward- ing to the Employer and the Medical Practitioners employed by it. (b) The parties acknowledge and accept the need to further develop an “enterprise focus”. The parties are committed to working co-operatively so that all levels of management and all Medical Practitioners come to understand and accept the workplace bargaining processes so that they will participate in it willingly and fully to maximise the achievement of the goals referred to in sub-clause (a) above. (c) The parties agree that to create a new organisational cul- ture all Medical Practitioners need to have an understanding of the process and principles involved in improving efficiency and increasing productivity. (d) The Australian Medical Association and Employers agree to educate Medical Practitioners and managers, on workplace reforms and workplace bargaining, and the provision of medi- cal services. (e) The parties are committed to the concept of continuous quality improvement and to the delivery of a high standard of service to patients/customers of the Government Health In- dustry. (f) Performance agreements may be entered into which may include (without being limited to): • General job description. • Expectations in respect of: — management responsibilities — quality activities — post graduate and undergraduate activities — continuing education • Any proposed variations from “routine duties” eg college activities. • Leave proposals that would be outside the entitle- ments under the agreement. • Approved modification of hospital/non hospital du- ties eg community or other Health Service. • Delineation of clinical privileges. • Where appropriate, any financial, activity or health targets. • The parties agree to examine by 30 June 1996 ses- sional specialists private practice arrangements and if necessary make appropriate ad- justments. The parties agree to develop performance indicators and targets and measure performance against these indicators. It is agreed that the final 2% increase 1 January 1997 will be payable only upon achievement of the necessary level of per- formance. The parties also agree to develop a subsidisation scheme for clinicians whose medical defence costs exceed the average to be funded from excess private practice earnings/facility charges. 1.8—BROAD OBJECTIVES OF THE AGREEMENT The Industry has limited capacity to increase remuneration for medical practitioners in the current economic and opera- tional environment. Accordingly, it has been necessary to prioritise the allocation of resources and rationalise some as- pects of the current remuneration package. The proposal contains a range of elements, targeting key issues and balancing the various competing requirements. The proposal comprises: • restructuring of the salary scale to provide a more equitable and consistent structure for all medical practitioners and one which assists with attraction and retention of a highly skilled and motivated medi- cal workforce. • modifications to existing remuneration which sim- plify and modernise a range of entitlements. • provision of pay increases through a range of mecha- nisms including some measures designed to offset rationalisation of existing conditions. The result is a more balanced suite of rewards which should yield improved results for the Industry. Highlights of the proposal include: • emphasis on attraction and retention of full time sala- ried medical practitioners. • 8% pay increase for all medical practitioners phased in over the life of the agreement. • improved pay structure which appropriately aligns remuneration for hospital and psychiatric medical practitioners. • capacity to modify sessional/part time arrangements. • agreement to review and by agreement, modify on- call and recall payments with the aim of providing a more equitable, simple and viable system. • agreement to review and by agreement, modify over- time and penalties for junior doctors to provide fair and reasonable rewards within a system which is ad- ministratively efficient and viable and which pro- vides an independent review mechanism to correctly categorise individual doctors. • significant modification of rights to private practice, providing major improvements for senior medical practitioners. • modification of conditions relating to: public holidays; long service leave; sick leave; short leave; higher duties; and annual leave loading These measures, combined with the commitments outlined in clauses (1.6), (1.7) and (1.9) are expected to significantly improve productivity and efficiency whilst providing appro- priate rewards to medical practitioners. 1.9—SPECIFIC COMMITMENTS OF MEDICAL OFFICERS AND MEDICAL PRACTITIONERS Consistent with the broad commitments and objectives of this Agreement and: • without limiting the general application of custom- ary professional and common law obligations; and • without limiting the issues to those specified in this clause; it is agreed that medical officers and medical practitioners will subject to this Agreement: (a) devote the whole of their working time, attention and skill in performing all duties faithfully and dili- gently, within the limits of their skill, training and competence; (b) attend the Hospital/Health Service during the nor- mal hours of business of the relevant Department and at such other times as may reasonably be neces- sary. (c) be available for consultation and recall to the Hos- pital/Health Service outside the normal hours of business of the relevant Department, in accordance with the on call roster developed from time to time, after consultation with them, by the Head of Depart- ment. (d) support and contribute to the achievement of the clinical, teaching, research and organisational goals of the Hospital/Health Service as an active member of the Hospital/Health Service community. (e) actively support and contribute to continuous qual- ity improvement and customer and patient focus ini- tiatives including but not confined to: • development and implementation of critical path and process re-engineering; and • development and implementation of interna- tional best practice standards. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 411 76 W.A.I.G. (f) comply with such clinical practices, protocols and standing orders as the Heads of Department may from time to time determine after consultation with them and where appropriate the Medical Advisory Com- mittee. (g) comply with any Hospital/Health Service Policy, ad- ministrative and management practices, and other requirements, the Hospital/Health Service may from time to time determine after consultation with the Medical Advisory Committee where appropriate. (h) actively assist the hospital/health service to meet budget targets (i) actively commit to a multidisciplinary approach to in-patient care. (j) co-operate and participate in College re-certification and ACHS accreditation. (k) actively be involved in the development and imple- mentation of clinical audits. (l) comply with Health Department defined waiting list priorities. (m) increase day surgery by agreed targets. (n) co-operate with the development and implementa- tion of strategies to achieve length of stay targets. (o) assist with the joint development and implementa- tion of performance management systems and non- performance management systems at all levels within target time frames. and; (p) Each Specialist will be responsible for ensuring that he/she achieve: accurate completion of patient documentation within five (5) working days of patient discharge; and, that the appropriate discharge summary is forwarded to the referring doctor within five (5) working days of patient discharge. The parties are agreed that the payment of the 3% salary increase on 1 July 1996 and 2% on 1 January 1997 are contin- gent upon continuous satisfactory progress with the matters detailed in this clause. 1.10—AGREEMENT FLEXIBILITY In recognition of the need for maximum flexibility within this agreement, where the Association and Employers agree, mutually acceptable alternative terms and conditions may be implemented in substitution of those specified in this Agree- ment. 1.11—RENEGOTIATION OF AGREEMENT Negotiations for a new agreement will commence at least six months prior to the date of expiration of this Agreement. If at the date of expiration no new agreement has been con- cluded then this Agreement shall continue until such time as a new agreement is entered into. 1.12—TRANSITION Medical officers and medical practitioners shall retain ac- crued and pro rata entitlements to sick leave, long service leave, conference and overseas study leave where applicable, and other accrued and pro rata benefits as agreed to between em- ployers and the Association, as at the date of effect of this Agreement. PART 2—MEDICAL OFFICERS—SUPERVISED SERVICE POSITIONS AND TRAINEES 2.1 —DEFINITIONS “Association” means the Western Australian Branch of the Australian Medical Association Incorporated. “Employer” means a public hospital board, established un- der the Hospitals and Health Services Act 1927 as amended and by proclamation declared to be a teaching hospital pursu- ant to the provisions of the University Medical School, Teach- ing Hospitals Act 1955 as amended. “Health Department” means the Health Department of West- ern Australia. “Intern” means a medical officer employed as such by a teaching hospital during the first year of relevant experience following graduation, prior to full registration by the Medical Board of WA. “Medical Officer Supervised” means a registered non-spe- cialist medical practitioner employed within the public sector, not being in a recognised training programme and requiring supervision by a specialist/consultant. “Medical Officer—Service Position” means either a Medi- cal Officer Supervised or Medical Officer Unsupervised as defined in this clause. “Medical Officer—Training Position” includes Interns, Resi- dent Medical Officers, Registrars and Senior Registrars. ”Medical Officer Unsupervised” means a registered non- specialist medical practitioner not being in a recognised train- ing programme or a general practitioner and authorised to perform their duties without requiring specialist/consultant supervision. “Registrar” means a registered medical practitioner em- ployed as a registrar and working towards a specialist qualifi- cation. A registrar may be appointed by a teaching hospital with or without the Part 1 Examination of an appropriate spe- cialist qualification acceptable to the National Specialist Quali- fication Advisory Committee established under the Health Insurance Act 1973. “Resident Medical Officer” means a registered medical prac- titioner employed as a resident medical officer by a teaching hospital and in the second or subsequent years of relevant experience following graduation. “Senior Registrar” means a registered medical practitioner employed as a senior registrar by a teaching hospital, Health Department or Health Service and who has obtained an ap- propriate specialist qualification acceptable to the National Specialist Qualification Advisory Committee established un- der the Health Insurance Act 1973. “Trainee Medical Administrator” means a medical officer appointed to a recognised Medical Administration training position and enrolled in the Royal Australian College of Medi- cal Administrators training programme. “Trainee Psychiatrist” means a registrar or senior registrar appointed to a training position recognised by the Royal Aus- tralian and New Zealand College of Psychiatrists. 2.2 —TERMS OF APPOINTMENT (1) Appointment to the position of medical officer (Train- ing Position) shall be between the medical officer and the Employer. The period of engagement shall be as agreed in writing between the medical officer and the Employer and shall normally be for 52 continuous weeks. (2) The Employer appoints the medical officer on the basis that the whole of the medical officer’s working time shall be devoted to the duties of the appointment. (3) Service may be terminated by either the employer or the medical officer giving notice in accordance with the follow- ing— (a) For contracts of less than 52 weeks or for contracts of an indefinite period—4 weeks’ notice. (b) For contracts of 52 weeks and up to but not includ- ing 104 weeks—6 weeks’ notice. (c) For contracts of 104 weeks and up to but not includ- ing 156 weeks—8 weeks’ notice. (d) For contracts of 156 weeks’ duration or longer—12 weeks’ notice. In lieu of the giving of the required notice the employer or the medical officer may pay or forfeit as the case may be sal- ary commensurate with the residual period of notice other- wise required. Provided that the employer and the medical officer may agree to a lesser period of notice. (4) In the event of the employer deciding that a medical officer should be dismissed, the medical officer may appeal to a Board of Reference. (5) Where a medical officer has been dismissed or has given or who has been given notice of termination of service in ac- cordance with the provisions of subclause (3) of this Clause or whose appointment had expired in accordance with the pro- WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 412 76 W.A.I.G. visions of subclause (1) of this Clause the medical officer shall be paid all monies due to such medical officer on the last day of service, except where unusual circumstances prevent this in which case payment shall be made as soon as possible there- after but in any case not more than three working days there- after. (6) Medical officers (training and service positions) may be seconded on the approval of, and after consultation between the relevant employing authorities, to any Government recog- nised hospital or agency. In this subclause “employing au- thority” is as defined in the Public Sector Management Act 1994. Medical officers in their intern year may be seconded in accordance with this subclause as appropriate to the medical officer’s training. (7) (a) A medical officer (service position) who currently has a permanent appointment at the time this Agreement be- comes operative shall continue to have permanent tenure. (b) Provided that all new appointments to service positions shall be on 5 year fixed term contracts. Provided that the em- ployer and employee may, by mutual agreement, elect in writ- ing to vary the employee’s right to a five (5) year contract for a shorter or longer period. There shall be no automatic right of reappointment upon expiry of a contract. If upon expiry of the contract a medical officer is not reappointed and where failure to gain reappoint- ment is not due to misconduct then a payment shall be made to the medical officer as follows: Ten Percent (10%) of the cumulative base annual salary of the medical officer over the life of the contract, to a maximum of 5 years. No other termination, redundancy or severance payment shall be made except as provided for in this Agreement. (c) Medical officers who are currently employed on a per- manent basis shall not be required to convert to a fixed term contract in their current employment but may by agreement with the Employer choose to do so. Where such agreement is reached, the medical officer shall become subject to 7(b) and shall, if not reappointed at the end of that fixed term contract in accordance with the conditions specified in (7)(b), be eligi- ble to be paid pro rata long service leave after 5 years of con- tinuous service. 2.3 —CONDITIONS OF SERVICE (1) A medical officer shall not be bound, without the con- sent of the patient, to divulge any information which the medi- cal officer has learned in attending the patient, and which was necessary to enable the medical officer to prescribe or act for the said patient, to any person other than the Medical Super- intendent, Deputy Medical Superintendent or senior medical staff of the hospital, or to the Commissioner, Health Depart- ment of Western Australia or the Commissioner’s delegate when the medical officer is employed on secondment to a hospital for which the Commissioner or the Commissioner’s delegate acts as Medical Superintendent. (2) Where installation of a telephone is approved by the employer, the cost of installation and rental shall be borne by the employer. Provided however that where the medical offic- er’s contract of employment is for 52 weeks, the employer shall not be liable for the cost of more than one installation during that contract period. (3) Reasonable costs of travel will be provided for calls to the hospital out of normal working hours. (4) Any medical officer required by the employer to visit another centre in the course of official duties shall have rea- sonable costs of travel provided. 2.4 —PART TIME MEDICAL OFFICERS (1) Medical officers in training positions above Level 5 may be employed to be regularly rostered to work for less than the ordinary weekly hours of duty provided that— (a) The medical officer occupies a recognised post ap- proved by the appropriate College and the Employer for the purposes of obtaining a postgraduate qualifi- cation and for the appointment of a medical officer/ s on a part time basis in accordance with the Col- lege’s training requirements. (b) A medical officer employed on a part time basis is employed in accordance with the appropriate Col- lege’s requirements and in any event for a minimum of 50 per cent of the ordinary weekly hours of a full time medical officer. (c) Payment is made on a pro rata basis to the rate pre- scribed for the level at which the medical officer is employed in proportion to which the part time medi- cal officer’s ordinary hours bear to normal hours prescribed in subclause (1) of Clause 2.8—Hours of Duty. (2) Notwithstanding the provisions of Clause 2.8.—Hours of Duty and subclause (1) above, a medical officer may be regularly employed on any day, to work less hours than pre- scribed by Clause 2.8.—Hours of Duty, subclause (1). A medi- cal officer’s minimum weekly hours shall be specified at the commencement of the medical officer’s employment and be worked in minimum continuous periods of three hours. The medical officer’s normal hours shall only be varied in accord- ance with the provisions of this clause. The hourly rate shall be calculated on the same basis as prescribed in subclause (1)(c) above subject to any penalties provided for within this Agreement. Where the employer wishes to increase the normal hours worked by a part time medical officer for a period of two or more weeks and the medical officer so agrees in writing, the increased hours shall be deemed to be the medical officer’s normal hours for that period. Hours worked in excess of the medical officer’s normal hours in any roster period shall be paid in accordance with subclause (3)(a) hereunder and Clause 2.11—Payment for Excess Hours. (3) (a) When a medical officer is employed under the provi- sions of this clause, there shall be an entitlement to the same leave as prescribed in this Agreement for full time medical officers, payment being on a pro rata basis in the same pro- portion that the medical officer’s normal hours bear to the hours prescribed in subclause (1) of Clause 2.8.—Hours of Duty. Provided that the ordinary rate for a medical officer who is employed in accordance with the provisions of subclause (2), may be increased by an additional 20% in lieu of leave enti- tlements. (b) Where during any qualifying period the ordinary hours of a part time medical officer vary as a proportion of the hours prescribed in subclause (1) of Clause 2.8—Hours of Duty the ordinary hours worked shall be averaged over the qualifying period. (4) The employer shall advise the Executive Director of the Association within 28 days of the date of this Agreement com- ing into operation as to the number of positions occupied, the days on which and number of hours worked by those medical officers employed in a part time capacity. (5) The employer shall advise the Executive Director of the Association within seven days of any part time office created or altered after this Agreement comes into operation as to the number of positions occupied, the days on which and number of hours worked by those medical officers employed in a part time capacity. (6) Any dispute as to whether a part time position is neces- sary shall be referred to the Board of Reference. 2.5 —CASUAL MEDICAL OFFICERS (1) Medical Officers above Level 4 may be employed by the hour for a period of up to four consecutive weeks in any pe- riod of engagement. (2) Medical Officers so employed shall be engaged for mini- mum periods of three hours with their ordinary rate of pay being at the appropriate salary rate prescribed in Schedule C1—Salaries with the addition of a 20% loading in lieu of leave entitlements. (3) At the beginning of each month the employer shall sup- ply to the Association the following information with respect to casual medical officers employed during the preceding month— (a) The name of the casual medical officer/s so em- ployed. (b) The address of such medical officer/s. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 413 76 W.A.I.G. (c) The classification in which such a medical officer/s was engaged and the number of hours so engaged. (d) The rate of salary paid to such medical officer/s. 2.6 —SALARIES (1) (a) Salaries or salary ranges applicable to medical offic- ers covered by this Agreement calculated on the basis of the ordinary hours of duty specified in Clause 2.8.—Hours of Duty of rostered duty in any period of one week shall be in accord- ance with Schedule C1 of this Agreement, provided that: (b) The salary of an Intern shall be at Level 1. (c) The salary of a Resident Medical Officer (training) shall be within the range of Levels 2 to 4 inclusive, based on years of relevant experience after graduation. Level 4 shall apply to 4th and subsequent years of experience after graduation. (d) The salary of a Registrar (training) shall be within the range of Levels 5 to 8 inclusive based on years of relevant experience in that capacity. (e) The salary of a Senior Registrar (training) shall be within the range of Levels 9 to 10, based on years of relevant experi- ence in that capacity. (f) The salary of a trainee psychiatrist shall substantively be within the range of levels 5 to 10 inclusive based on years of relevant experience in that capacity with level 12 available only to those undertaking their elective year. However, in rec- ognition of the shortage of training psychiatrists, the range payable will be increased by 2 increments to 7 to 12 inclusive as an attraction and retention strategy. The parties to this agree- ment shall review the need to continue this arrangement by 1 July 1997 and annually thereafter. (g) The salary of a trainee medical administrator shall be within the range of levels 6 to 9 inclusive based on years of relevant experience in that capacity. (h) The salary of a Medical Officer employed in a service position and supervised by a qualified specialist shall be within the range of levels 7 to 12 inclusive, based on years of rel- evant experience in that capacity. (i) Subject to the provisions of this Agreement, a medical officer shall be employed in accordance with the level of work performed. (2) Subject to good conduct, satisfactory performance, dili- gence and efficiency, a medical officer shall proceed from the point of entry in the salary range to the maximum of the range for the particular class of employment according to the incre- ments in such salary range. (3) Salaries shall be paid at least fortnightly. 2.7 —HIGHER QUALIFICATIONS (1) A medical officer, other than a senior registrar, who has obtained an appropriate specialist qualification (acceptable to the National Specialist Qualification Advisory Committee of Australia established under the Health Insurance Act 1973) shall be paid an allowance of $1066.00 per annum. (2) The above allowance shall be adjusted at the same time and the same proportion as any adjustment to the minimum weekly salary rate prescribed from time to time for a medical officer Level 8. 2.8 —HOURS OF DUTY This clause shall continue to operate unless displaced by an alternative system agreed to between the employers and the Association. The parties are committed to developing an alternative sys- tem of remunerating rostered overtime and if possible after- noon/night/weekend and public holiday penalties which annualises medical officers’ entitlements and properly catego- rises the medical officer according to his/her entitlements with an independent review mechanism to validate/determine the correct band. Accordingly, negotiations and consultation will commence forthwith to develop an annualised payment system. The par- ties agree to consider and negotiate in good faith on alterna- tives to the present system. Any mutually acceptable system shall be implemented by 1st July 1996. In the event that this does not occur, the Com- missioner of Health will confer with the President of the AMA to determine if the parties have negotiated in good faith and whether the 3% increase in base salaries due on 1st July 1996 shall be withheld or advanced. (1) A medical officer’s ordinary hours of duty shall consist of 38 hours per week to be rostered in accordance with the provisions of Clause 2.9—Rosters. The 38 ordinary hours of duty and any required extra duty (other than on call and/or recall) shall be worked in rostered periods as prescribed in Clause 2.9—Rosters. (2) Medical officers’ hours of duty shall be worked so as to provide the following time off duty: (a) Eight days free from ordinary hours of duty in each 28 day cycle. (b) Where practicable, at least two consecutive days off duty shall be granted and shall not be preceded by a night shift unless the medical officer is rostered to work on evening or night shift immediately follow- ing rostered days off. (c) Twelve evenings off, Monday to Friday inclusive between the hours of 6.00 pm and 8.00 am, in each 28 day cycle, provided that, by agreement between the Association and the Employer, designated posi- tions shall be exempted from the provisions of this subclause. (3) (a) Where a medical officer is required to resume duty before having had eight consecutive hours off duty the subsequent hours worked until released from duty for eight consecutive hours, shall be included in excess hours and paid for in accordance with Clause 2.10—Payment for Excess Hours. A medical officer released from duty shall be entitled to be absent for eight consecutive hours without loss of pay for ordinary working hours occurring during such absence. (b) Where necessary, Employers have the right to require medical officers to work during their time off periods provided the rostered hours of work of any medical officer shall not exceed 75 hours in any period of seven consecutive days nor more than 140 hours in any 14 days or 280 hours in any period of 28 consecutive days. (4) (a) Medical officers shall not be rostered to work more than four consecutive nights. (b) Medical officers shall not be rostered for duty for more than 18 consecutive hours except by agreement between the Employer and medical officer. Where a medical officer works beyond 18 consecutive hours, the additional hours shall be included in excess hours and paid for in accordance with Clause 2.11—Payment for Excess Hours. (c) Medical officers shall be rostered for duty for minimum periods of at least three (3) hours. (5) Meal breaks shall be a minimum of 30 minutes and shall not be counted as time worked, provided that where a medical officer is held on call within the hospital, the period on call shall be counted as part of the medical officers’ ordinary working hours. (6) A medical officer shall not be compelled to work for more than five hours without a break for a meal, provided that a medical officer who commences work at or before 7.00 am may be required to work for six hours before having a meal break. Provided further that where rostered duty exceeds nine consecutive hours, an additional meal break shall be provided at the completion of each further period of five hours after the completion of the first meal break. 2.9 —ROSTERS (1) Medical officers’ hours of duty shall be worked accord- ing to a roster or rosters which shall operate over either a 14 day or 28 day period and be exhibited at some reasonably convenient place accessible to the medical officers to whom it applies. (2) The roster or rosters shall set out the medical officer’s times of commencing and ending each period of duty for a period of not less than 14 consecutive days and such rosters shall be posted at least seven days in advance of their com- mencement of operation. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 414 76 W.A.I.G. (3) Except in cases of emergency or where the medical of- ficer concerned so agrees, rosters shall not be amended dur- ing their currency. Provided, however, that by agreement amongst themselves and where appropriate clinically, medi- cal officers may replace one another for periods of rostered duty provide that the medical officers notify the appropriate personnel of the Employer of the change. (4) Rosters shall be drawn up so as to provide at least eight hours off between successive periods of duty and allow ad- equate time for rest and sleep. (5) Notwithstanding the provisions of the foregoing and Clause 2.8—Hours of Duty: (a) Where the Employer and the medical officer agree to a roster that has provisions for hours of duty not in conformity with the foregoing paragraph such roster system shall apply. (b) Special arrangements may be made by agreement between the Employer and the medical officer should an officer need to remain on call or to work during off duty periods specified in the preceding subclauses in order to gain sufficient postgraduate medical train- ing and experience to meet the requirements for a higher qualification. 2.10 —PAYMENT FOR ROSTERED DUTIES (1) A loading of 12.5% of the ordinary salary shall, subject to subclause (2) hereunder, be paid for time worked on after- noon or night duty as defined hereunder: (a) afternoon duty—commencing or continuing between 12 noon and 6.00 pm. (b) night duty—commencing or continuing between 6.00 pm and 4.00 am. (2) The provisions of subclause (1) of this clause do not apply to a medical officer who having commenced duty after 4.00 am completes duty at or before 6.00 pm on the same day. (3) Where a period of duty up to a maximum of 18 hours, is worked as part of the normal roster, the first eight hours are to be paid at the ordinary rate, unless those hours commenced after 12.00 noon or before 4.00 am, in which case the loading as prescribed in subclause (1) or the weekend rates as pre- scribed in subclause (5), as the case may be, shall be paid for such additional time worked. (4) Where a medical officer works ordinary rostered hours of duty such that the medical officer continues to work after 4.00 am the following day, the loading as prescribed in subclause (1) shall continue to apply. (5) The loading on the ordinary rates of pay for all work performed during ordinary hours on a Saturday and Sunday shall be 50%. The rates prescribed in this subclause shall be in substitution for and not cumulative on the rates prescribed in subclause (1) of this clause. (6) Work performed on a holiday referred to in Clause 4.2— Public Holidays, shall be paid for at the rate of 250% or if the Employer and medical officer mutually agree, the employee shall be paid for time worked at the rate of 150% and in addi- tion, be allowed to observe the holiday on a day mutually ac- ceptable to the Employer and the medical officer, provided that no more than five days may be accumulated at any one time. 2.11 —PAYMENT FOR EXCESS HOURS (1) (a) Payment for hours of duty worked in excess of 152 hours in any four week cycle shall be paid at the rate of 150% of the equivalent hourly rate applicable to the medical officer calculated according to the following formula. Fortnightly salary x No. of excess hours of duty x 3 ——————— — 76 2 (b) Provided that payment for hours of duty worked in ex- cess of 232 hours in any four week cycle shall be paid at the rate of 200% of the equivalent hourly rate applicable to the medical officer calculated according to the following formula. Fortnightly salary x No. of hours of duty in excess of 232 x 2 ——————— 76 (2) In lieu of payment for excess hours a medical officer, on written request, may at the discretion of the employer, be al- lowed time off proportional to the payment to which the medi- cal officer is entitled up to a maximum of five days in each twelve month period to be taken at a time convenient to the employer. 2.12 .—ON CALL AND CALL BACK The parties to this Agreement are committed to reviewing the mechanisms for remunerating on call and recall. Accordingly the Employer will propose to the AMA, a de- monstrably cost neutral proposal (based on the aggregate cost of current entitlements) by 15 December 1995. The parties agree to consider and negotiate in good faith on alternatives to the present system. Any mutually acceptable changes shall become operative prior to 1st January 1997. In the event that this does not occur, the Commissioner of Health shall confer with the President of the AMA to determine whether the par- ties have negotiated in good faith and whether the 2% increase to base salaries due on 1 January 1997 shall be withheld or advanced. (1) On Call (a) Medical officers shall be rostered on call in accordance with clinical need by the Medical Superintendent in consultation with the Head of the Department. (b) A medical officer rostered on call shall be paid an hourly allowance equal to $4.24. Provided that payment in accordance with this paragraph shall not be made with respect to any period for which payment is otherwise made in ac- cordance with the provisions of this clause when the medical officer is recalled to work. For the purposes of this subclause, the ordi- nary hourly divisor shall be 38: (c) For the purposes of this Agreement a medical officer is on call when the medical officer is directed by the Employer to remain readily contactable and available to return to work outside of the medical officer’s normal hours of duty. (2) Call Back (a) (i) When a medical officer is recalled to work, the medical officer shall be paid at the rate of time and a half of the medical officer’s salary prescribed un- der Schedule C1—Salaries with a mini- mum payment of three hours. (ii) The medical officer shall not be obliged to work for three hours if the work for which the medical officer was recalled is completed in less time, provided that if the medical officer is called out within three hours of starting work on a previous recall the medical officer shall not be entitled to any further pay- ment for the time worked within that period of three hours. (b) Where a medical officer is recalled to work, payment for the call back shall commence from: (i) In the case of a medical officer who is on call, the time the medical officer starts work; (ii) In the case of a medical officer who is not on call, the time the medical of- ficer embarks on the journey to attend the call. Provided that where a medi- cal officer is recalled within two hours prior to commencing normal duty, any time spent in travelling to work shall not be included with actual duty per- formed for the purpose of determining payment under this paragraph. (c) A medical officer who is required to use the medical officer’s motor vehicle when recalled to work shall be reimbursed all expenses WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 415 76 W.A.I.G. incurred in accordance with the provisions of Schedule F of the Public Service Award 1992. 2.13—CLAIMS FOR PAYMENT OF OVERTIME, PENALTIES AND OTHER ENTITLEMENTS Medical officers shall submit claims for payment of over- time, penalties and other entitlements within three (3) months of an entitlement being established. 2.14 —BOARD AND LODGING (1) Medical officers who purchase a meal from the Employer shall pay the rate prescribed staff rate for one meal per rostered period of duty. Where the rostered period of duty necessitates the medical officer taking a second or subsequent meal those meals shall be supplied by the Employer, or the medical of- ficer will be reimbursed for each meal purchased at the fol- lowing rates— Breakfast $5.70 Lunch $7.05 Evening $8.45 These rates shall be automatically adjusted in accordance with adjustments to the rates prescribed in Schedule H of the Public Service Award 1992. Such reimbursement shall be in addition to any payment for overtime to which the medical officer is entitled. (2) A medical officer required to work hours in excess of his rostered period of duty on any day, shall, when such addi- tional hours necessitate the taking of a meal away from the medical officer’s usual place of residence, be supplied by the Employer with any meal required or be reimbursed for each meal purchased at the following rates— Breakfast $5.70 Lunch $7.05 Evening $8.45 These rates shall be automatically adjusted in accordance with adjustments to the rates prescribed in Schedule H—Over- time of the Public Service Award 1992. Such reimbursement shall be in addition to any payment for overtime to which the medical officer is entitled. 2.15 —UNIFORMS AND LAUNDRY White coats shall be supplied free of charge to each medical officer and these shall be laundered at the expense of the Employer. The white coats remain the property of the Em- ployer concerned and must be returned to the Employer at the completion of the medical officer’s period of service. 2.16 —EXAMINATION LEAVE (1) Upon application medical officers shall be granted leave with pay in order to attend examinations within Australia and New Zealand for higher qualifications which have been ap- proved by the employer. (2) Leave granted shall be such as to allow the medical of- ficer to travel to and from the centre at which the examination is to be held by the fastest means possible. The medical of- ficer will be free from duties on a working day for a study day, immediately preceding the examination. (3) Any leave granted under the provisions of this Clause shall be exempt from and in addition to the provisions of Clause 4.1—Annual Leave, of this Agreement. (4) Where a medical officer has been granted leave under this Clause, notification of the results of the examination shall be forwarded to the employer on receipt by the medical of- ficer or as soon as is practicable thereafter. 2.17 .—STUDY/PROFESSIONAL DEVELOPMENT (1) Upon application a medical officer shall be granted up to two weeks study leave per annum, to be taken within one month of the date of the approved examination for which such medical officer is studying. Such leave shall form part of the medical officer’s annual leave entitlement. (2) Applications for leave under this Clause shall be made to the employer at least 2 months prior to the commencement of the leave and shall include evidence of registration for the examination. (3) Special leave for additional study may be granted at the discretion of the employer. (4) Special leave without pay for additional study leave, conferences or other purposes, including interstate or over- seas professional development, may be granted to junior medi- cal officers for periods of up to twelve (12) months or more at the discretion of the employer. PART 3—SENIOR AND SPECIALIST MEDICAL PRACTITIONERS 3.1 —DEFINITIONS “Appointments Committee” means— the Committee established by the Employer for the pur- pose of making recommendations to the Employer on the eligibility for appointment of medical practitioners. “Association” means— the Western Australian Branch of the Australian Medical Association Incorporated. “Eligible Person” means— a person defined as such by the Health Insurance Act 1973 as amended. “Employer” means— any public hospital board established under the Hospi- tals and Health Services Act 1927 as amended. “General Practitioner” means— a registered medical practitioner engaged in the provi- sion of primary, continuing whole—patient care to indi- viduals, families and their community not being a vocationally registered general practitioner. “Honorary Medical Practitioner” means— a medical practitioner who has elected in writing to pro- vide services to public patients on an unremunerated ba- sis and who has the same rights and privileges as apply to medical practitioners generally. “Medical Advisory Committee” means— the Committee established by the Employer in Teaching and Non Teaching Hospitals to advise on all medical mat- ters affecting patient care and on any other matters re- ferred to it for advice. “Medical Officer Unsupervised” means— a registered non-specialist medical practitioner not being in a recognised training program or a general practitioner and authorised to perform their duties without requiring specialist/consultant supervision. “Medical Practitioner” means— a medical practitioner as defined under the Medical Act 1894 as amended from time to time. “Minister” means— the Minister for Health in the State of Western Australia. “Non Teaching Hospital” means— a public hospital other than a declared Teaching Hospi- tal. “Private Patient” means— in relation to a hospital, an inpatient of the hospital who is not a patient for whom the hospital has accepted re- sponsibility to provide medical services. A private pa- tient elects to accept responsibility to pay for medical care and the provision of hospital services. “Public Patient” means— in relation to a hospital, an eligible person who is an in- patient in respect of whom the hospital provides compre- hensive care, including medical, nursing and diagnostic services and, if they are available at the hospital, dental and paramedical services, by means of its own staff or by other agreed arrangements. “Outpatient Service” means— in relation to a hospital, a health service or procedure provided by the hospital to an eligible person other than an inpatient of the hospital. “Specialist” means— a registered medical practitioner who holds the appropri- ate higher qualification of a University or College in a specialty approved by the Employer. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 416 76 W.A.I.G. “Teaching Hospital” means— any hospital declared by the Governor to be a Teaching Hospital pursuant to the provisions of subsection of Sec- tion 3 of the University Medical School Teaching Hospi- tal’s Act 1955 as amended. This includes: Royal Perth Hospital Sir Charles Gairdner Hospital Fremantle Hospital Princess Margaret Hospital King Edward Memorial Hospital “Vocationally Registered GP” means— a medical practitioner who has been granted Vocationally Registered status under the Health Insurance Act. 3.2. —APPOINTMENT OF MEDICAL PRACTITIONERS AND ANNUAL INCREMENTS (1) (a) Medical practitioners may be employed on the fol- lowing basis: (i) Full time with rights to private practice in accord- ance with arrangements A and B as detailed in Clause 3.5, provided that rights to private practice shall not be awarded to employees below level 13 of the rel- evant pay scale. Hours of work for full time medical practitioners are to be consistent with professional practice. These hours are determined by consultation between the Hospital/Health Service and the medical practitioner. Solely for administrative purposes, when calculat- ing entitlements to leave and other benefits which are expressed in days and weeks in this Agreement, a full time medical practitioner’s hours of work will nominally be 37.5 per week. (ii) Modified full time with rights to private practice in accordance with arrangements C and D as detailed in Clause 3.5, provided that rights to private prac- tice shall not be awarded to employees below level 13 of the relevant pay scale. Modified full time means employment at 80% of the full time pay rate with all entitlements pro rata accordingly. (iii) Sessional, as defined in Clause 3.6. (b) All appointments of medical practitioners shall be made by the Employer on the recommendation of the properly con- stituted appointments committee of that hospital after vacan- cies have been advertised. (c) Provided that in respect of Teaching Hospitals: (i) appointments for short term periods not exceeding six months to relieving or casual vacancies may be made by the Employer without advertisement; (ii) appointments for periods not exceeding two years for specific purposes may be made by the Employer on the recommendation of the Medical Advisory Committee or other appropriate committee. Specific purposes would include relief for medical practition- ers on extended leave, engagement for special re- search projects of limited duration and the establishment of new units which may not become permanent features, and for any other purposes deemed prudent by the Employer and approved by the Minister. (d) Provided that in respect to Non Teaching Hospitals: (i) appointments for short term periods not exceeding six months for specific purposes may be made by the Employer. Specific purposes would include re- lief for medical practitioners on extended leave, en- gagement for research projects of limited duration, the establishment of new units which may not be- come permanent features and clinical work of a lim- ited duration. The Medical Advisory Committee will be informed of such appointments. (e) Provided that in respect to all hospitals and health serv- ices, all new appointments will be 5 year fixed term contracts for full time, modified full time and sessional medical practi- tioners. Provided that the employer and employee may, by mutual agreement, elect in writing to vary the employee’s right to a five (5) year contract for a shorter or longer period. There shall be no automatic right of reappointment upon expiry of a contract. If upon expiry of the contract a medical practitioner is not reappointed and where failure to gain reap- pointment is not due to misconduct then a payment shall be made to the medical practitioner as follows: Ten Percentum (10%) of the cumulative base annual sal- ary or base sessional payments of the medical practitioner over the life of the contract, to a maximum of 5 years. Provided that this payment shall not apply to fixed term contracts entered into prior to the commencement of this Agreement. Except as otherwise provided by this Agreement, no other termination, redundancy or severance payment shall be made. (f) Medical practitioners who are currently employed on a permanent basis shall not be required to convert to a fixed term contract in their current employment but may by agree- ment with the Employer choose to do so. Where such agree- ment is reached, the medical practitioner shall become subject to 1(e) and shall, (if not reappointed at the end of that fixed term contract in accordance with the conditions specified in 1 (e)) be eligible to be paid pro rata long service leave after 5 years of continuous service. Such pro rata payment shall be payable for completed years of service only and shall not be payable where the medical practitioner declines an offer of reappointment. (2) A specialist medical practitioner shall be appointed by the Employer at a salary within the range for Specialists on the basis of years of experience gained in a recognised spe- cialist appointment in Western Australia or in a specialist ap- pointment elsewhere which is recognised by the Employer. (3) Subject to subclause (1) of Clause 7 and to good con- duct, satisfactory annual performance appraisal, diligence and efficiency, a medical practitioner shall proceed from the point of entry in the salary range to the maximum of the salary range by annual increments according to the increments of such sal- ary range. (4) Provided that a medical practitioner shall not be appointed at or proceed by incremental progression to salary level (23) unless the following is satisfied: (i) the medical practitioner must apply to the Employer for progression or appointment to this level; and (ii) the medical practitioner has been employed on level (22) (or its equivalent under the WA State Public Hospitals Medical Practitioners’ Award 1987) con- tinuously for 4 years or has 14 years of experience gained in a recognised specialist appointment in Western Australia or in a relevant specialist appoint- ment elsewhere which is recognised by the Employer. Provided that medical practitioners who, prior to the commencement of this Agreement, were employed at specialist level 2 point 2 for at least four years shall, subject to satisfying the criteria hereunder, be eligible to appointment on point 23 on and from 1 July 1996. (iii) the relevant medical college must certify that the applicant has successfully complied with the main- tenance of professional standards (MOPS) or equiva- lent and satisfied the electoral committee; and (iv) the Employer, having given due consideration to the application, the evidence of the medical college and all aspects of the performance of the medical practi- tioner, agrees to the payment of this increment. (v) Payment of salary point 23 is subject to annual re- view and shall be discontinued by the Employer if professional standards are not maintained in accord- ance with medical college requirements or the per- formance of the medical practitioner is not maintained to the standard required at this level. In determining this it shall be required that specific commitments under Clause 1.9 of this Agreement and principally paragraphs (e), (i), (j), (k), (l), (m), (n), (o) and (p) have been adhered to. Any decision to cease payment of salary point 23 shall only be made after appropriate consultation with a peer re- view panel convened by the Employer. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 417 76 W.A.I.G. (5) A medical practitioner may at any time be concurrently appointed as a head of department for a term not exceeding the medical practitioner’s term of employment. Where such appointment occurs payment shall be as prescribed by Clause 3.4(2). (6) Notwithstanding the provisions of subclauses (2), (3) and (4) of this clause medical practitioners employed north of 26 degrees South Latitude shall be appointed by the Employer at a salary within the ranges set out under subclause (1) of Clause 3.4—Salaries and Salary Ranges in accordance with Schedule A to this Agreement . Progression through the ranges shall also be in accordance with Schedule 1 to this Agree- ment. (7) Notwithstanding the provisions of this Agreement, an Employer may appoint a medical practitioner who elects in writing to be appointed as an honorary medical practitioner. 3.3 —CONTRACT OF SERVICE (1) The contract of service shall be between the medical practitioner and the Employer and may be terminated by not less than three months’ notice on either side given in writing on any day or by the payment or forfeiture as the case may be of three months’ salary. Provided that a lesser period of notice may be given subject to agreement between the medical prac- titioner and the Employer. Provided further that a medical practitioner shall be ap- pointed subject to a probationary period of six months. In the case of a full time medical practitioner the Employer may ex- tend the period of probation for a further period of up to six months. During the period of probation either party may give four weeks notice or such lesser period as is agreed between the medical practitioner and the Employer. (2) A medical practitioner appointed on a sessional basis shall be appointed for a fixed term of 5 years. Any subsequent re-appointment will be made by the employer taking into ac- count the recommendation of the properly constituted appoint- ments committee and shall, subject to clause 3.2(1)(e), be for a term of 5 years. Where the medical practitioner is appointed for a consecutive term the probationary period referred to in subclause (1) of this clause shall not apply. Provided that this subclause shall not apply to any medical practitioner appointed prior to the date of this Agreement who had permanent tenure at that time unless the medical practitioner agrees to convert to a fixed term contract in accordance with clause 3.2(1)(f). (3) A medical practitioner having attained the age of fifty five years shall be entitled to retire from the employ of the hospital. (4) Notwithstanding the provisions of subclauses (1) and (2) of this Clause, the Employer may at any time, without prior notice, dismiss the medical practitioner for refusal or neglect to obey lawful orders or for serious misconduct. (5) A termination or dismissal made in accordance with subclause (1) or subclause (4) shall be subject to inquiry by the Board of Reference provided the medical practitioner makes application for such inquiry within one month of the operative date of the termination or dismissal. 3.4 —SALARIES AND SALARY RANGES (1) Salaries or salary ranges applicable to medical practi- tioners covered by Part (3) of this Agreement shall be: (a) Full Time Medical Practitioners Full time medical practitioners shall be paid in ac- cordance with the following: (i) Employees under arrangement A—Schedule C2 attached to this Agreement. (ii) Employees under arrangement B—Schedule C3 attached to this Agreement. (b) Modified Full Time Medical Practitioners Modified full time medical practitioners shall be paid in accordance with the following: (i) Employees under arrangement C—Schedule C4 attached to this Agreement. (ii) Employees under arrangement D—Schedule C5 attached to this Agreement. (c) Sessional Medical Practitioners Sessional medical practitioners shall be paid in ac- cordance with Schedule C6 of this Agreement. Provided that the salary/payment levels apply as follows: Levels (a) Medical Officer who is supervised other than by a qualified 13-15 specialist/consultant. inclusive (b) Senior Medical Officer who: • does not have a specialist qualification but practices in a specialty. and/or • supervises other medical officers. and/or 15-17 • has significant medical inclusive administration duties (c) Specialist Medical Officer with 15-23 recognised specialist qualifications and inclusive practicing in that specialty. (d) General Practitioner (not vocationally 13-15 registered). inclusive (e) Vocationally Registered General 13-17 Practitioner. inclusive (f) Specialist with recognised qualifications and practicing in that specialty (employed within the WA Government Health Industry immediately prior to this 13-23 Agreement being implemented). inclusive (g) Specialist as for (f) but not employed within the WA Government Health Industry immediately prior to this 15-23 Agreement being implemented. inclusive And provided that all medical practitioners are placed within the relevant range according to years of relevant experience. (2) A Medical Practitioner, other than a Radiologist who is remunerated in accordance with Clause 3.6(10) who is required to perform administrative duties appropriate to a Head of De- partment in a hospital, shall be paid an allowance calculated in accordance with the following formula: No. of Staff Under Direct Supervision and control $ per annum 0-4 nil 5-9 3,000 10-20 6,000 Over 20 10,000 or in accordance with terms mutually agreed in writing be- tween the medical practitioner and the Employer. 3.5 —PRIVATE PRACTICE—FULL TIME AND MODIFIED FULL TIME MEDICAL PRACTITIONERS (1) (a) The Employer, with the approval of the Minister, shall have the authority to grant or withdraw the right of pri- vate practice to a medical practitioner employed at or above point 13 in Clause 3.4(1); it being understood that an appoint- ment made by the Employer shall normally include the right of private practice. (b) Notwithstanding the provisions of this subclause the granting or withdrawal of a right of private practice to Deputy Medical Superintendents and Assistant Medical Superintend- ents shall be determined by the Employer. Deputy Medical Superintendents and Assistant Medical Superintendents shall not normally be granted the right of private practice. Where private practice is denied, the medical practitioner shall be paid in accordance with arrangement B (Schedule C3) or ar- rangement D (Schedule C5). (c) In the event of a disagreement relating to a decision of an Employer not to grant the right, or to withdraw the right of private practice, the matter may be referred to the Board of Reference for determination. (d) Advertisements for positions covered by this Agreement shall clearly indicate if the appointee shall have the right of private practice. (e) The right of private practice shall be exercised to the fullest extent available. (f) Private practice within the hospital must not interfere with a medical practitioner’s responsibility to carry out all the necessary duties of the medical practitioner’s hospital appoint- WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 418 76 W.A.I.G. ment and shall be relevant to the medical practitioner’s specialty. (g) In lieu of the provisions of subclauses (2) to (8) of this clause, medical practitioners employed north of 26 degrees South Latitude shall be granted private practice arrangements in accordance with Schedule A. (h) Salary where referred to in this clause shall mean the annual salary payable to the medical practitioner pursuant to Clause 3.4—Salaries and Salary Ranges and shall, where ap- plicable, include the relevant Head of Department Allowance prescribed under Schedule C. (i) “Private Practice” where referred to in this clause shall mean those services provided in or using the hospital’s facili- ties and for which fees are charged by or on behalf of the Medical Practitioner. (2) (a) A medical practitioner employed on a full time basis who has been granted the right of private practice within the hospital, may retain from nett earnings from private practice within the hospital up to an amount equal to twenty five per cent (25%) of the medical practitioner’s salary. (b) Nett earnings means the total amount received by the medical practitioner from private practice within the hospital after deducting actual expenses for such costs as secretarial and audit costs and accounting assistance, stationery and post- age incurred in the collection of private practice fees which shall not exceed seventeen and one half per cent (17½%) of private practice receipts. (c) Fees received by medical practitioners employed on a full time basis from private practice within the hospital, in excess of the amounts authorised under this subclause, shall be paid to the Employer and credited to a Trust Fund approved by the Employer as provided for in subclause (3)(b)(1)(c) of this clause. (d) A medical practitioner may render accounts directly to private patients within the hospital. In so doing, a medical practitioner shall provide to the hos- pital within three months after June 30 each year an audited statement in the following form together with a cheque for the amount payable to the hospital. The audited statement must state that all monies due to the hospital have been accounted for and the statement must be signed and dated by the medical practitioner. (i) Total amount of accounts rendered during the year $ (ii) Total amount of accounts collected $ Less collection expenses in accordance with paragraph (b) of this subclause $ NETT amount for distribution (iii) The NETT amount shown above to be allocated in order: (a) To approved Trust Fund for departmental/ hospital purposes —payment for the use of hospital facilities in accordance with sub-clause (8) of this clause $ Balance (b) To the medical practitioner—up to 25% of annual salary in accordance with this subclause $ Balance (c) To approved Trust Fund for departmental/ hospital purposes —to be credited to an approved trust fund in accordance with paragraph (c) of this subclause $ (iv) Amount payable to approved Trust Fund for departmental/hospital purposes being the total of items (a) and (c) above $ Provided that where the medical practitioner and Employer agree, the amount payable to the hospital may be paid on a quarterly basis in which case un- audited statements in the above general form shall be provided. Any end-of-year adjustment shall be made by payment accompanying the audited state- ment. A medical practitioner who does not comply with the provisions of this paragraph, may have the right to render accounts directly to private patients with- drawn and the Employer may direct that the hospital shall act as the agent in the rendering of accounts. (e) A medical practitioner may request the hospital to act as agent for the rendering of accounts to private patients after the medical practitioner has assessed the fee for services. In so doing, the hospital shall provide to the medical practi- tioner within three months after June 30 each year a statement in the following form together with a cheque for the amount payable to the medical practitioner: (i) Total amount of accounts rendered during the year $ (ii) Total amount of accounts collected $ Less collection expenses in accordance with paragraph (b) of this subclause $ NETT amount for distribution (iii) The NETT amount shown above to be allocated in order: (a) To approved Trust Fund for hospital/ departmental purposes—payment for the use of hospital facilities in accordance with subclause (8) of this clause $ Balance (b) To the medical practitioner—paid with fortnightly salary or payable as an annual amount or as agreed between the Employer and the medical practitioner $ (c) Balance payable to an approved Trust Fund for hospital/departmental purposes in accordance with para-graph (c) of this subclause $ (3) Notwithstanding the provisions of subclause (2) hereof, a medical practitioner employed on a full time or modified full time basis may elect on an annual basis to be employed under one of the arrangements set out as Arrangement A or B, provided that an employer may, with the agreement of the medical practitioner, employ the medical practitioner under arrangements C or D of this subclause. (a) Arrangement A A medical practitioner, upon electing Arrangement A, shall give to the hospital written authority to render accounts in the medical practitioner’s name on pri- vate patients seen in the course of duty. Provided that a medical practitioner who operates under Arrangement A, shall not be eligible for the private practice expenses allowance specified in subclause (2)(b) of this clause. Provided further that where the medical practitioner resigns or whose serv- ices are terminated by one of the hospitals respond- ent to this Agreement and commences employment within a period of one week with another respond- ent to this Agreement, the practitioner shall continue to operate under this arrangement up until the next annual election unless that Employer and the medi- cal practitioner otherwise agree to vary this arrange- ment. (b) Arrangement B (1) (a) A medical practitioner shall upon elect- ing and commencing under Arrange- ment B render accounts directly to private patients within the hospital. A medical practitioner operating under this arrangement may retain from nett earnings from private practice within the hospital up to an amount equal to 25% of the medical practitioner’s sal- ary. (b) Nett earnings means the total amount received by the medical practitioner from private practice within the hospi- tal after the medical practitioner de- WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 419 76 W.A.I.G. ducts an allowance of 17½% of private practice receipts and the medical prac- titioner’s medical defence premium for the financial year in question. (c) (i) In the case of full-time medical practitioners, who are not Pa- thologists, or Nuclear Physi- cians, fifty percent of fees received from private practice within the hospital, in excess of the amount authorised under paragraph (a) of this subclause, shall be paid into a Trust Fund acceptable to the Employer. The remaining 50% shall be retained by the medical practi- tioner. (ii) In the case of full-time Patholo- gists and Nuclear Physicians, fees received from private prac- tice within the hospital, in ex- cess of the amount authorised under paragraph (a) of this subclause, shall be distributed as follows: • 65% to approved Trust Fund for hospital/depart- mental purposes; and, • the residue equally among the Pathologists and Nu- clear Physicians. (iii) Notwithstanding paragraph (ii) of this subclause, a Teaching Hospital may, by agreement with the full-time Pathologists or Nuclear Physicians, make other arrangements for the dis- tribution of funds received from private practice in excess of the amount authorised under para- graph (a). (d) A medical practitioner shall provide to the hospital within three months after June 30 each year a statement in the following form together with cheques for the amounts to be paid to the hos- pital and into the Trust Fund respec- tively: (i) Total amount of accounts rendered during the year $ (ii) Total amount of accounts collected $ (iii) Less expenses in accordance with paragraph (b) of this subclause namely: $ (1) 17½% for administration and collection costs (2) Medical defence premium for the year in question (iv) NETT amount for distribution in the following order: $ (a) To approved Trust Fund—payment for the use of hospital facilities in accordance with subclause (8) of this clause based upon the services included in the nett amount for distribution in (iv) above as a percentage of the total amount of accounts collected in (ii) above $ Balance (b) To the medical practitioner being up to an amount equal to 25% of the medical practitioner’s salary $ (c) To approved Trust Fund for hospital/ departmental purposes in accordance with paragraph (c) of this subclause $ Balance (d) To the medical practitioners in accordance with paragraph(c) of this subclause $_____ Balance The medical practitioner shall include the following certification at the end of the statement: “I certify that all monies due to the hospital have been accounted for.” ............................................. Signature ................................................... Date (2) Provided that where the medical practitioner and Employer agree, the amount payable to an approved Trust Fund for hospital/depart- mental and the Trust Fund purposes may be paid on a quarterly basis in which case unau- dited quarterly statements in the above gen- eral form shall be provided. Any end-of-year adjustment shall be made by payment accom- panying the annual statement. (3) (a) Where, under Arrangement B(1) or (2), individual or agreed group contribu- tions are not sufficient to permit draw- ings of 16% of the medical practitioner’s salary payment shall be made up to 16% of the salary rate pre- scribed in Clause 3.4—Salaries and Salary Ranges from that proportion of the annual pool of charges which would otherwise have been appropriated as facility charges. In such circumstances payment to the 16% of salary level shall be made once each year for the year ended June 30 following receipt of a certified statement from the practitioner to the hospital in accordance with subclause (3)(b)(1)(d) of this clause. (b) Where, under Arrangement B(1) or (2), individual or agreed group contribu- tions are sufficient to permit drawings of 16% but less than 25% of the medi- cal practitioner’s salary rate prescribed in Clause 3.4—Salaries and Salary Ranges, payment shall be made up to 25% of salary from that proportion of the annual pool of charges which would otherwise have been appropriated as facility charges. In such circumstances payment to the 25% of salary level shall be made once each year for the year ended June 30 following receipt of a certified statement from the practitioner to the hospital in accordance with subclause (3)(b)(1)(d) of this clause. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 420 76 W.A.I.G. (c) Amounts paid to medical practitioners under this Arrangement shall not be regarded as salary for the purpose of calculating superannuation entitlement nor for the purpose of any other enti- tlement under this Agreement. (c) Arrangement C (Modified Full Time) The hospital/health service may offer Arrangement C to a medical practitioner. Arrangement C provides for: (i) all pay, conditions and entitlements to be ap- plied at the rate of 80% of the entitlement for a full time medical practitioner under Arrange- ment A. Hours of work are 80% of the full time requirement. (ii) rights to private practice in accordance with Arrangement A. Accordingly all private prac- tice income shall be retained by the hospital/ health service. This arrangement shall apply for the life of the con- tract between the medical practitioner and the hos- pital unless otherwise agreed by the medical practitioner and the employer, provided that this ar- rangement may cease if this Agreement is terminated by either party upon or after its expiry. (d) Arrangement D (Modified Full Time) The hospital/health service may offer Arrangement D to a medical practitioner. Arrangement D provides for: (i) all pay conditions and entitlements to be ap- plied at the rate of 80% of the entitlement or a full time medical practitioner under arrange- ment B. Hours of work are 80% of the full time requirement. (ii) rights to private practice in accordance with Arrangement B except that for the purposes of deductions only 80% of the cost of medical defence insurance premiums is allowable. This arrangement shall apply for the life of the con- tract between the medical practitioner and the hos- pital unless otherwise agreed by the medical practitioner and the employer, provided that this ar- rangement may cease if this Agreement is terminated by either party upon or after its expiry. (4) Conference and Overseas Study Leave—The following conditions shall apply with respect to conference leave and overseas study leave for those medical practitioners partici- pating in Arrangement A, B, C or D. (a) Conference Leave—Leave, of up to two weeks, on full pay shall be allowed to each medical practitioner participating in Arrangement A, B, C or D provided for in this subclause during each year of continuous service, provided that where, in any year of continu- ous service, the whole or any part of such leave is not taken by the medical practitioner nor granted by the Employer, any leave not so taken shall be granted during the following year; provided further that the maximum amount of such leave that may be allowed to any medical practitioner shall not exceed four (4) weeks in any year of continuous service. A medical practitioner electing Arrangement A shall be paid a conference, travel and accommodation al- lowance of $3,000 per year payable for conference leave and professional development purposes. This payment shall, unless otherwise agreed between the medical practitioner and Employer, be $2400 for medical practitioners electing Arrangement C. Payment shall be on a fortnightly basis with capac- ity for adjustment subject to the agreement of the Association and the Employers, provided that no adjustment shall occur before 1 July 1996. The medi- cal practitioner shall have capacity to apply to the trust funds referred to in paragraph (c) of this subclause for supplementary travel/accommodation assistance and the application will be considered on merit. In respect of each period of conference leave, a medi- cal practitioner operating under Arrangement B or D shall be granted— (i) the actual cost of air fares up to a maximum cost of Business Class rates (in the case of Arrangement A or C medical practitioners air fares are also limited to a maximum of the cost of a Business Class Perth/Brisbane return fare), or where air travel is not available, First-Class return rail fares; and (ii) A travelling allowance determined by the managers of the trust fund as being: • at the rate prescribed under Schedule I of the Public Service Award which shall not exceed the highest daily al- lowance payable for an Australian city. or • the actual cost of reasonable accom- modation and expenses upon produc- tion of receipts. or • an alternative system of payment agreed between the employer, medical practitioner and the trustee. Provided that medical practitioners exercis- ing rights of private practice under Arrange- ment D shall, unless the trustee decides in exceptional circumstances to grant a greater amount, be entitled to receive the travelling allowance at the rate of 80% of the rate that would apply to a medical practitioner under arrangement B. (iii) All such travel and accommodation expenses are to be met out of any travel grant from the Trust Fund. (b) Overseas Study Leave—Each medical practitioner participating in Arrangement A, B, C or D shall be allowed 5 weeks leave on full pay after five (5) years’ continuous service for the purpose of overseas train- ing, education and study and shall be allowed a fur- ther period of 5 weeks leave on full pay for each completed period of five (5) years’ continuous serv- ice thereafter with such leave being allowed to be deferred by mutual agreement, provided that no medical practitioner shall be allowed to take accu- mulated leave in excess of 10 weeks in any one pe- riod; provided further that a medical practitioner who has served for a minimum of five (5) years may, sub- ject to hospital agreement take his/her overseas study leave in broken periods of not less than two weeks. Medical practitioners must give reasonable notice when requesting overseas study leave, which is to be taken at a mutually convenient time and such leave must be used for professional development and re- flect hospital/health service needs. The hospital/ health service may stipulate certain reasonable out- comes such as reports, information sharing etc which may be required from the medical practitioner upon return from such leave. A medical practitioner may make application to take overseas study leave in advance. If the services of a medical practitioner who has been granted such leave in advance are terminated prior to the expiration of the qualifying period the medical practitioner shall be liable to repay the funding source the whole amount received provided that the funding source retains the discretion to waive all or part of the amount repayable. The Employer may deduct the amount determined by the funding source as repay- able and repay the funding source from money due to the medical practitioner by reason of the other provisions of this Agreement at the time of termina- tion. The actual cost of air fares up to a maximum of Busi- ness Class rates and reasonable expenses shall also be granted to a medical practitioner. In all cases a maximum of two air fares shall be paid in respect of WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 421 76 W.A.I.G. each completed five years’ continuous service where leave is taken in broken periods with hospital per- mission. Provided that in respect of each period of overseas study leave a medical practitioner on Ar- rangement A shall be granted a travelling and sub- sistence allowance as follows with the agreement of the Employer: • at the rate prescribed in (4)(a)(ii) hereof, be- ing that prescribed in schedule I of the Public Service Award 1992 provided that the maxi- mum payable shall be the highest rate for an Australian city or; • the actual cost of reasonable accommodation and subsistence expenses upon production of receipts or; • an alternative system of payment agreed by the employer and the medical practitioner. Provided that medical practitioners exercising rights of private practice under arrangement C or D shall, unless the trustee decides in exceptional circum- stances to grant a greater amount, be entitled to re- ceive the travelling allowance at the rate of 80% of the rate that would apply to a medical practitioner under Arrangement A or B. The source of funding for fares and expenses asso- ciated with overseas study leave is as follows: • Arrangement A or C—hospital/health service. • Arrangement B or D—trust fund. Where the medical practitioner and the Employer agree, overseas study leave may be taken wholly or partly within Australia. (c) Nothing in this clause shall preclude any full time medical practitioner employed under this Agreement from making application to the Employer or to the Trust Fund pursuant to and/or complementary to the provisions of Clause 4.8—Special Leave for addi- tional assistance and the payment or reimbursement of conference registration fees or for other assist- ance. (d) Subject to the provisions of this subclause confer- ence and overseas study leave benefits provided un- der this subclause are not available as monetary payments in lieu. (5) Fees shall only be raised for services rendered person- ally or personally supervised by the medical practitioner and for all laboratory services. Accounts will be submitted on ac- count forms which show the name of the medical practitioner providing the service. Where a hospital acts as agent for a medical practitioner in laboratory service, the hospital shall ensure that no account may be rendered to a patient which could place the medical practitioner in breach of the under- taking he has given in terms of the Health Insurance Act. For unreferred insured patients, the fee shall not exceed the Commonwealth Medicare Benefits Schedule fee. A medical practitioner shall assess the fee to be charged on a referred insured patient and shall inform the patient if the fee to be charged is to exceed the Commonwealth Medicare Benefits Schedule fee and shall on request, provide the hospital with a certificate that the above procedure has been followed. Pro- vided that in the case of all patients covered by the Workers’ Compensation and Rehabilitation Act 1981, accounts shall be rendered to such patients in accordance with the schedule of fees agreed between the Association and approved insur- ers. (6) A person who is insured for hospital benefits or a person who is not insured for hospital benefits but who specifically requests to be admitted as a private patient, and statute pa- tients, shall be admitted as private patients for the purpose of treatment. (7) The hospital shall provide to the medical practitioner a copy of the Patient Election form for those private patients admitted under the care of the medical practitioner. (8) Payment will be made by medical practitioners from earnings from private practice fees for the use of hospital fa- cilities in accordance with the schedule of payments agreed from time to time between the Association and the Minister for Health. Payment shall be to an approved Trust Fund for hospital/departmental purposes. As at the date of the issue of this Agreement, the following payments shall apply: Pathology 50% Nuclear Medicine 50% Ultrasound 50% (except when performed in a Radiology Department) Pulmonary Physiology 50% EEG 50% Audiology 50% EMG 50% ECG 50% (9) Notwithstanding the provisions of this clause, where the Employer and the Association agree in writing, other arrange- ments may be made governing the exercise of rights of private practice. 3.6 —SESSIONAL MEDICAL PRACTITIONERS (1) (a) A medical practitioner, other than a Radiologist em- ployed in a teaching hospital, whose conditions are specified in subclause (10) of this clause, who is employed on a ses- sional basis shall be paid fortnightly at the sessional rate ap- propriate to the medical practitioner’s appointment set out under Schedule C6 to this Agreement. (b) In addition to the sessional payment a medical practi- tioner, including a Radiologist employed in a teaching hospi- tal, shall be paid a loading of 10% to compensate for the lack of entitlement to superannuation. The medical practitioner receiving the 10% superannuation loading must designate a superannuation fund which complies with the Superannua- tion Guarantee Act as amended into which the employer will pay the loading. This will satisfy the employer’s obligations in relation to statutory superannuation guarantee payments. Provided that this loading shall not be payable where the prac- titioner is a contributing member to the State Government Superannuation Scheme. (c) Where a medical practitioner, including a Radiologist employed in a teaching hospital, has demonstrated the incurrence of private practice costs outside the hospital, a fur- ther loading shall be paid at the rate of 14% of the sessional payment exclusive of the loading in lieu of superannuation on each session allocated up to and including 5 sessions. The medical practitioner must demonstrate the incurrence of pri- vate practice costs annually. Where a medical practitioner by agreement with the hospi- tal/health service works sessions in excess of 5 per week, the private practice loading on the 6th session shall be reduced to 10% and for the 7th session the loading shall be 5%. No pri- vate practice loading is payable for sessions worked in excess of 7 per week. (2) (a) A session is a notional half day of approximately three and a half hours spent by the medical practitioner in attending public inpatients and outpatients. A session can be a continuous working period or be made up of any combina- tions of part sessions. Sessions shall usually be worked on Monday to Friday between the hours of 8.00am and 6.00pm provided that, subject to the convenience of the medical prac- titioner and with the approval of the Medical Superintendent or appointed senior medical practitioner, a session or part of a session may be worked outside those hours without shift or weekend penalties applying. However, where a sessional medi- cal practitioner agrees to the Employer’s request to work ses- sions outside of those specified in this sub clause, shift or weekend penalties, as detailed in Clause 3.8, shall apply. (b) Services performed by sessional medical practitioners at the direction of the hospital, other than in attending “hospital patients” and outpatients, shall be remunerated by fees as agreed from time to time between the Association, the Minis- ter and the Employers respondent to this Agreement. (c) Where a medical practitioner is rostered on call for a specified period outside the agreed hours, payment shall be made in accordance with Clause 3.7. (d) Where a medical practitioner is called back to the hospi- tal to provide a service to a “public patient” the medical prac- titioner shall be remunerated in accordance with Clause 3.7. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 422 76 W.A.I.G. (3) To meet short term exigencies within the hospital the Employer may approve additional sessions for a medical prac- titioner for a period not exceeding three months. This shall not preclude the Employer from agreeing with the medical practitioner to pay for extra sessions or extended sessions where operational efficiencies can be achieved and where the total number of sessions in any year does not exceed an average of 7 sessions per week. Where the medical practitioner is employed at more than one hospital covered by this Agreement, the aggregate of the sessions allocated in all hospitals shall be limited by the pro- visions of this subclause. (4) Sessions shall count as qualifying service for annual leave and sick leave on the following basis: (a) Annual Leave Normal entitlement as prescribed by Clause 4.1 of this Agreement. A medical practitioner’s salary dur- ing the period of such leave shall be calculated in accordance with the number of sessions allocated pursuant to subclause 2(a) of this Clause. A pro rata annual leave loading shall be paid to a sessional medical practitioner at the rate applicable. (b) Sick Leave Normal credits prescribed by Clause 4.3 shall ac- crue to a medical practitioner. Payment made for sick leave granted in respect of sessional service shall be at the salary rate prescribed pursuant to subclause (1) of this Clause. (5) A medical practitioner employed on a sessional basis shall be given the benefit of public holidays provided by Clause 4.2 without variation to the medical practitioner’s sessional rate of payment provided the public holidays occur on a day on which a session is normally worked. Provided that where a medical practitioner is required to work on a public holiday the provisions of Clause 3.8 —Shift and Weekend Work shall apply. (6) Sessional medical practitioners shall accrue long serv- ice leave according to the number of sessions worked. The rate of accrual shall be as prescribed by Clause 4.4 (1) of this Agreement. Payment made for long service leave granted to a medical practitioner in respect of sessional service shall be adjusted according to the sessions worked by the medical prac- titioner subject to the following: (a) If a medical practitioner consistently worked on a sessional basis for a regular number of sessions dur- ing the whole of qualifying service, the medical prac- titioner shall continue to be paid the salary determined on that basis during the long service leave. (b) If a medical practitioner has worked a varying number of weekly sessions during qualifying serv- ice, the payment for long service leave granted in respect of sessional service shall be calculated at the salary rate applicable to the medical practitioner at the time of taking the long service leave with the number of sessions for which payment is to be made being calculated by averaging the number of ses- sions for which the medical practitioner is employed over the qualifying period. Example: Payment for long service leave granted for ten years’ service consisting of six years working four sessions a week and four years working two sessions a week shall be calculated as follows: (a) 6/10 of leave paid at the rate applicable for four sessions; and (b) 4/10 of leave paid at the rate applicable for two sessions. This provision also applies in respect of that portion of service of a full time medical practitioner who has been employed on a sessional basis for part of the period of qualifying service. (7) Allotment of sessions shall: (a) Teaching Hospitals—be the responsibility of the Employer after receiving the advice of the Medical Superintendent after consultation with the Execu- tive of the Clinical Association. (b) Non-Teaching Hospitals—be the responsibility of the Employer, after receiving the advice of the Medical Superintendent or appointed Senior Medical Practi- tioner or Chairman of the Medical Advisory Com- mittee. (8) A medical practitioner employed on a sessional basis who attends private patients in the hospital shall provide to the hospital within three months after June 30 each year an audited statement of all services in respect of which a pay- ment for use of hospital facilities is due to the hospital in the following form together with a cheque for the amount pay- able to the approved fund for departmental/hospital purposes: (i) Total amount of all such accounts rendered during the year $_____ (ii) Total amount of all such accounts collected $_____ (iii) Total amount due to the hospital in accordance with subclause (9) of Clause 3.5. $_____ Provided that where the medical practitioner and the em- ployer agree, payment of facility charges may be made on a quarterly basis in which case unaudited statements in the above general form shall be provided. Any end of year adjustment shall be made by payment accompanying the audited state- ment. (9) Sessional medical practitioners shall not be entitled to paid annual conference leave; or paid sabbatical leave upon the completion of 5 years continuous service. This does not preclude the Employer from granting discre- tionary paid or unpaid leave in accordance with clause 4.8— Special Leave. (10) (a) Radiologists shall be appointed by teaching hospi- tals in accordance with the provisions of the Agreement, and their sessions allotted and remunerated in accordance with the provisions of this subclause. Radiologists appointed un- der the provisions of this Agreement, will undertake all radio- logical services to patients referred to them in teaching hospitals. (b) For the purpose of this subclause a radiological service is a radiological service as described in the Schedule to the Health Insurance Act, 1973. (c) The number of sessions for service radiology in each teaching hospital shall be based on the number of radiological services performed in the previous year ending June 30 di- vided by one thousand (1,000). (d) Each radiologist shall be remunerated by sessional pay- ment for one half (50%) of the number of sessions for which the individual radiologist is appointed. The sessional payment shall be made in accordance with the provisions of Clause 3.6 and shall be paid to each radiologist in post in each hospital by the Employer. (e) The Head of the Department of Radiology will be paid a management fee equivalent to two (2) additional sessions every week, and the deputy head of the department, where appointed, will be paid a fee equivalent to one additional session every week provided that the total number of sessions for which payment is made shall not exceed ten sessions every week. Provided that this allowance may be reduced by agreement between the Association and the employer. (f) The provisions of subclauses (2)(a), (2)(b), (4), (5), (6) and (7) shall apply in respect of Radiologists covered under this subclause. (g) Notwithstanding the provisions of this subclause, where the employer and the Association agree in writing, other ar- rangements may be made for compensation for radiological services. Provided further that a Radiologist may elect to ac- cept an appointment under this Agreement on a full time basis and be remunerated in accordance with the provisions of Clause 3.4—Salaries and Salary Ranges, relating to Full Time Medical Practitioners, provided that such a Radiologist shall not be eligible for any additional payment prescribed by this subclause. (11) Radiotherapists shall be employed on a sessional basis in accordance with the provisions of this Clause except for those provisions set out in subclause (10). WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 423 76 W.A.I.G. 3.7 —ON CALL AND CALL BACK The parties to this Agreement are committed to reviewing the mechanisms for remunerating on call and recall. Accord- ingly the Employer will propose to the AMA, a demonstrably cost neutral proposal (based on the aggregate costs of current entitlements) by 15 December 1995. The parties agree to con- sider and negotiate in good faith on alternatives to the present system. Any mutually acceptable changes shall become op- erative prior to 1st January 1997. In the event that this does not occur, the Commissioner of Health will confer with the President of the AMA to determine whether the parties have negotiated in good faith and whether the 2% increase to base salaries due on 1 January 1997 shall be withheld or advanced. (1) On Call (a) Medical practitioners shall be rostered on call in accordance with clinical need by the Medi- cal Superintendent or appointed Senior Medi- cal Practitioner in consultation with the Head of the Department or where there is no Head of Department, with the Chairman of the Medi- cal Advisory Committee. (b) A medical practitioner employed at or above salary point 13 as detailed in Schedule C, rostered on call shall be paid an hourly allow- ance equal to $8.22. Provided that payment in accordance with this paragraph shall not be made with respect to any period for which payment is otherwise made in accordance with the provisions of this Clause when the medi- cal practitioner is recalled to work. (c) For the purposes of this Agreement a medical practitioner is on call when the medical prac- titioner is directed by the Employer to remain readily contactable and available to return to work outside of the medical practitioner’s normal hours of duty. (d) Notwithstanding the provisions of this subclause, where the Employer and the Asso- ciation agree in writing, other arrangements may be made for compensation of on call work. (2) Call Back (a) (i) When a full time, modified full time, or a sessional medical practitioner is recalled to work the practitioner shall be paid a minimum of two hours at the rate of time and a half of the relevant salary prescribed for Arrangement B in Schedule C3 to this Agreement. For this purpose, payment to a sessional medical practitioner shall be calculated on the basis of the salary prescribed for a full time medical practitioner at the same salary point. (ii) The medical practitioner shall not be obliged to work for two hours if the work for which the medical practitioner was recalled is completed in less time, provided that if the medical practitioner is called out within two hours of start- ing work on a previous recall the medi- cal practitioner shall not be entitled to any further payment for the time worked within that period of two hours. (b) Time worked in excess of the two hour call back period shall be remunerated at the rate of time and one half for the following hour and double time thereafter. (c) Where a medical practitioner is recalled to work, payment for the call back shall com- mence from: (i) In the case of a medical practitioner who is on call, from the time the medi- cal practitioner starts work; (ii) In the case of a medical practitioner who is not on call, the time the medi- cal practitioner embarks on the jour- ney to attend the call. Provided that where a medical practitioner is recalled within two hours prior to commencing normal duty, any time spent in travel- ling to work shall not be included with actual duty performed for the purpose of determining payment under this paragraph. (d) A medical practitioner who is required to use the medical practitioner’s motor vehicle when recalled to work shall be reimbursed all ex- penses incurred in accordance with the provi- sions of Schedule F of the Public Service Award 1992. (e) Where the Employer determines that there is a need for a medical practitioner to be on call or to provide a consultative service and the means of contact is to be by telephone, the Employer shall where the telephone is not al- ready installed bear the cost of such installa- tion. Where as a usual feature of the work a medical practitioner is regularly required to be on call or to provide a consultative service the Employer shall pay the full amount of the telephone rental. (3) Notwithstanding the above provisions of this clause, where an employer and the Association agree, other arrangements may be made for compensation of on call and call back. (4) (a) A medical practitioner employed on a full time basis north of 26 degrees South Latitude who is required to participate in an on-call roster shall in lieu of the on call and call back pay- ments provided for in this clause, receive an allowance of 25% of that medical practition- er’s annual base salary. (b) A medical practitioner employed on a ses- sional basis north of 26 degrees South Lati- tude who is required to participate on the same basis as a full time medical practitioner, in an on call roster shall in lieu of the on call and call back payments provided for in this clause, receive an allowance calculated at the rate of 25% of the annual base salary that would ap- ply to the medical practitioner had the practi- tioner been employed on a full time basis under rights to private practice Arrangement B. 3.8 —SHIFT AND WEEKEND WORK—FULL TIME, MODIFIED FULL TIME AND SESSIONAL MEDICAL PRACTITIONERS (1) Where there is a demonstrated clinical need determined by the Medical Superintendent or appointed Senior Medical Practitioner in consultation with the Head of Department or where there is no Head of Department, with the Chairman of the Medical Advisory Committee, the Employer may require a medical practitioner to work ordinary hours between the hours referred to hereunder. A medical practitioner so required shall be subject to the following provisions. (a) Where a medical practitioner commences ordinary hours of work at or after 12.00 noon and before 4.00am, the medical practitioner shall be paid, with respect to those ordinary hours, a loading of 12 1/ 2% in addition to the rate of salary prescribed under Schedule C. (b) The provisions of paragraph (a) of this clause do not apply to a medical practitioner who on any day com- mences work at or after 12.00 noon and completes those hours at or before 6.00pm. (c) Where a medical practitioner works a broken shift each portion of that shift shall be considered a sepa- rate shift for the purposes of this subclause. This subclause shall not apply to a sessional medi- cal practitioner unless the practitioner agrees to a request by the hospital/health service to work a ses- sion in more than one continuous period. (d) Work performed during the medical practitioner’s ordinary hours on a Saturday or a Sunday shall be paid for at the rate of time and one half. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 424 76 W.A.I.G. (e) Work performed during the medical practitioner’s ordinary hours on a holiday referred to in Clause 4.2—Public Holidays shall be paid for at the rate of double time and one half or, if the Employer agrees, be paid for time worked at the rate of time and one half and in addition be allowed to observe the holi- day on a day mutually acceptable to the Employer and the medical practitioner, provided that no more than five days may be accumulated at any one time. Provided further that a medical practitioner employed north of 26 degrees South Latitude who is in receipt of the allowance prescribed in subclause (4) of Clause 3.7—On Call and Call Back, shall be paid at the rate to which the medical practitioner would ordinarily be entitled had the day not been a public holiday and shall be entitled to observe the holiday on a day mutually acceptable to the Employer and the medi- cal practitioner. (f) The rates prescribed in paragraphs (d) and (e) of this clause shall be in substitution for and not cumula- tive on the rate prescribed in paragraph (a) of this clause. (g) Provided that a sessional medical practitioner shall not be entitled to claim the 14% private practice load- ing for sessions which attract any shift or weekend penalty payment specified in this clause. 3.9—LEAVE FOR COLLEGE OFFICE BEARERS National Office Bearers of Medical Colleges shall be al- lowed up to 5 days of paid leave each year to attend to func- tions required of their office. Provided that this shall, unless otherwise agreed between the Employers and the association, only apply to the offices of President, Vice President, Treasurer, Secretary for Colleges and Faculties which are formally recognised by the National Specialist Qualifications Advisory Committee of Australia. 3.10—CLAIMS FOR PAYMENT OF ENTITLEMENTS Medical practitioners shall submit claims for payment of all entitlements within three (3) months of an entitlement being established. PART 4—COMMON CLAUSES 4.1—ANNUAL LEAVE (1) (a) Except as provided in paragraph (b), employees em- ployed on a full-time basis shall be entitled to four weeks’ annual leave on full pay at the completion of 52 weeks’ con- tinuous service. (b) Employees who are rostered to work their ordinary hours on Sundays and/or public holidays during a qualifying period of employment for annual leave shall be entitled to receive additional annual leave as follows— (i) If 35 ordinary shifts on such days have been worked—one week. (ii) If less than 35 ordinary shifts on such days have been worked the employee shall be entitled to have one additional day’s leave for each seven ordinary shifts so worked, provided that the maximum additional leave shall not exceed five working days. (c) An employee who during a qualifying period towards an entitlement of annual leave was employed continuously on both a full-time and sessional basis or a sessional basis only may elect to take a lesser period of annual leave calculated by converting the sessional service to equivalent full-time serv- ice. (2) An employee may take annual leave during the period in which it accrues, but the time during which the leave may be taken is subject to the approval of the employer. All annual leave taken shall be at the rate of salary applicable at the time of taking such leave. (3) When the convenience of the hospital is served the em- ployer may approve the deferment of the commencing date for taking annual leave, but such approval shall only remain in force for one year. The employer may renew the approval referred to immedi- ately above for a further period of a year or further periods of a year but so that an employee does not at any time accumu- late more than three years’ entitlement. Where the convenience of the employer is served the em- ployer may approve the deferment of the commencement date for taking annual leave so that an employee accumulates more than three years’ entitlement, subject to any condition which the employer may determine. When an employee who has received approval to defer the commencement date for taking annual leave under this subclause next proceeds on annual leave, the annual leave first accrued shall be the first leave taken. (4) Notwithstanding the provisions of this clause, the em- ployer may direct an employee to take accrued annual leave and may determine the date on which such leave shall com- mence. (5) Employees upon request shall receive their ordinary pay and any allowances due to them for the period of their annual leave prior to going on such annual leave. (6) (a) If after four weeks’ continuous service in any quali- fying 52 week period, an employee lawfully terminates serv- ice, or employment is terminated by the employer through no fault of the employee, the employee shall be paid one-fifty-second of the entitlement to annual leave in respect of each completed week of continuous service in that qualify- ing period. (b) If the services of an employee terminate and the em- ployee has taken a period of annual leave in accordance with subclause (2) of this clause, and if the period of leave so taken exceeds that which would become due pursuant to paragraph (a) of this subclause, the employee shall be liable to pay the amount representing the difference between the amount re- ceived for the period of annual leave taken and the amount which would have accrued in accordance with subclause (1) of this clause. The employer may deduct this amount from money due to the employee by reason of the other provisions of this Agreement at the time of termination. Provided that no refund is required in the event of the death of the employee. (c) In addition to any payment to which an employee may be entitled under this clause, where an employee’s employ- ment is terminated after the completion of 52 weeks’ continu- ous service and the employee has not been allowed the annual leave prescribed under this Agreement, the employee shall be given payment in lieu of that leave. (7) For the purposes of commencing this Agreement, an- nual leave loading has been annualised into the base salary. (8) A medical practitioner who has been permitted to pro- ceed on annual leave and who ceases duty before completing the required continuous service to accrue such leave must re- fund the value for the unearned pro rata portion, but no re- fund is required in the event of the death of a medical practitioner. (9) In the case of any medical practitioner transferring from one employer to another and who is covered by this Agree- ment the annual leave entitlement may be transferred. (10) Payment in lieu of annual leave shall be made on the death, resignation or retirement of an employee. (11) An employee employed on a sessional basis shall re- ceive payment for annual leave in accordance with Clause 3.6 of this Agreement. 4.2—PUBLIC HOLIDAYS (1) An employee employed on a full time basis is entitled to— (a) (i) The following public holidays in accordance with the Public and Bank Holidays Act, 1972— New Year’s Day Australia Day Labour Day Good Friday Easter Monday Anzac Day Foundation Day Sovereign’s Birthday Christmas Day Boxing Day WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 425 76 W.A.I.G. (ii) When any of the days mentioned in placitum (i) of paragraph (a) hereof falls on a Saturday or Sunday the holiday shall be observed on the next succeeding Monday, provided that when Boxing Day falls on a Saturday, Sunday or Monday the holiday shall be observed on the next succeeding Tuesday. (b) Two additional days of paid leave per calendar year which may be taken at a time mutually agreed be- tween the employer and employee provided that; (i) these days are not cumulative and may only be taken in the year in which they fall due (ii) not more than one day may be taken before Easter Monday (iii) the employer and employees may agree alter- native arrangements for the taking of these days or payment in lieu thereof. (2) (a) When any of the days observed as a holiday in this clause fall during a period of annual leave the holiday or holi- days shall be observed on the next succeeding work day or days as the case may be after completion of that annual leave. (b) When any of the days observed as a holiday as prescribed in this clause fall on a day when an employee is rostered off duty and the employee has not been required to work on that day the employee shall be paid as if the day was an ordinary working day or if the employer agrees be allowed to take a day’s holiday in lieu of the holiday at a time mutually accept- able to the employer and the employee. (3) An employee who is required to be on call in accord- ance with the provisions of Clause 2.12 or 3.7 —On Call and Call Back of this Agreement on a day observed as a pub- lic holiday during what would normally have been the em- ployee’s ordinary hours shall be allowed to observe that holiday on a day mutually acceptable to the hospital and the employee. (4) An employee employed on a sessional basis shall be entitled to public holidays and in accordance with subclause (6) of Clause 3.6—Sessional Medical Practitioners of this Agreement. 4.3 .—SICK LEAVE (1) An employee who is incapacitated for duty in conse- quence of illness or injury shall, as soon as possible, notify the Employer of the fact and shall also advise the likely date of resuming duty. (2) No sick leave with pay exceeding two consecutive work- ing days shall be granted without an adequate medical certifi- cate or other evidence satisfactory to the Employer. Provided that the number of days sick leave which may be granted with- out the production of a medical certificate shall not exceed, in the aggregate, five working days in any one calendar year. (3) An employee who is unable to resume duty on the expi- ration of the period shown in the first certificate, shall pro- duce a further certificate and shall continue to do so upon the expiration of the period respectively covered by such certifi- cates. (4) Where an employee is ill during a period of annual leave and produces at the time, or as soon as practicable thereafter, medical evidence to the satisfaction of the Employer that the employee is or was as a result of the illness confined to the employee’s place of residence or a hospital for a period of at least seven consecutive calendar days, the Employer may grant the employee sick leave for the period during which the em- ployee was so confined and reinstate the employee annual leave equivalent to the period of confinement. (5) Where an employee is ill during the period of long serv- ice leave and produces at the time or as soon as practicable thereafter medical evidence to the satisfaction of the Employer that the employee is or was confined to the employee’s place of residence or a hospital for a period of at least fourteen con- secutive calendar days, the Employer may grant sick leave for the period during which the employee was so confined and reinstate the employee long service leave equivalent to the period of confinement. (6) The basis for determining the leave of absence on the grounds of illness that may be granted shall be ascertained by crediting the employee concerned with the following periods, but the leave shall be cumulative: Leave on Full Pay Working Days (a) On day of employment of the employee 5 (b) On completion by the medical practitioner of six months service 5 (c) On completion by the medical practitioner of twelve months service and on completion of each additional twelve months service by the medical practitioner 10 (7) No leave on account of illness or injury shall be granted with pay if the illness or injury has been caused by miscon- duct of the employee or in any case of absence from duty without sufficient cause. (8) Where an employee suffers a disability within the mean- ing of Section 5 of the Workers’ Compensation and Rehabili- tation Act 1981, which necessitates that employee being absent from duty, sick leave with pay shall be granted to the extent of sick leave credits. In accordance with Section 80(2) of the Workers’ Compensation and Rehabilitation Act 1981 where the claim for workers’ compensation is decided in favour of the employee, sick leave credit is to be reinstated and the pe- riod of absence shall be granted as sick leave without pay. (9) Where an employee resigns or is terminated by the Em- ployer through no fault of the employee and is engaged by another respondent to this Agreement within seven days of the expiration of any period for which payment in lieu of an- nual leave or public holidays has been made, the period of sick leave that has accrued to the employee’s credit shall re- main to such employee’s credit and the provision of subclause (6) shall continue to apply to such employee. Where an employee was, immediately prior to being em- ployed by a respondent to this Agreement, employed in the service of the Public Service of Western Australia or by other state government employer, and the period between the date when the employee ceased the previous employment and the date of commencing employment with a respondent does not exceed one week, or such further period as the Employer de- termines, the Employer may credit that employee additional sick leave credits up to those held at the date the employee ceased the previous employment. Where an employee was, immediately prior to being em- ployed by a respondent to this Agreement, employed by the Commonwealth or any other State of Australia and the period between the date when the employee ceased previous employ- ment and the date of the employee commencing employment with a respondent does not exceed one week, or such further period as the employer determines, the employer may credit that employee additional sick leave credits up to those held at the date the employee ceased the previous employment. (10) A pregnant employee shall not be refused sick leave by reason only that the “illness or injury” encountered by the employee is associated with the pregnancy. 4.4 —LONG SERVICE LEAVE (1) (a) An employee employed on a full time basis is enti- tled to thirteen weeks long service leave at their ordinary rate of pay on the completion of a period of ten years of continu- ous service and an additional thirteen weeks of long service leave on full pay for each subsequent period of ten years of continuous service completed by the employee. (b) Provided that an employee, in employment with a re- spondent to this Agreement at the date of its inception, accru- ing long service leave at the rate of thirteen weeks after seven years continuous service shall retain the proportion accrued at that rate and accrue the balance at the ten year rate. (c) An employee employed on a sessional basis shall be entitled to long service leave in accordance with this clause, payment for which shall be calculated in accordance with Clause 3.6(6) of this Agreement. (2) Notwithstanding the provisions of subclause (1) above an employee who, during a qualifying period towards an enti- tlement of long service leave was employed continuously on both a full-time and sessional basis or a sessional basis only may elect to take a lesser period of long service leave calcu- WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 426 76 W.A.I.G. lated by converting the sessional service to equivalent full-time service; based on ten sessions per week. An employee who has elected to compact an accrued enti- tlement to long service leave in accordance with this subclause shall only take such leave in one period. In such circumstances the period exercised as “continuous service” in subclause (1) shall be thirteen weeks. (3) An employee shall take the long service leave to which an entitlement has accrued at the convenience of the Employer. (4) Subject to the approval of the Employer an employee shall take long service leave at any time within three (3) years of the leave becoming due. Provided that the employer may approve the deferment of taking long service leave beyond three (3) years in “exceptional circumstances”. “Exceptional circumstances” shall include retirement within five (5) years of the date of entitlement. Approval to defer the taking of long service leave may be withdrawn or varied at any time by the Employer giving the employee notice in writing of the withdrawal or variation. Employees having more than one entitlement to long serv- ice leave at 1 November 1988 shall be required to clear one full entitlement of long service leave by 1 November 1991 and a further full entitlement within each 3 years thereafter until the employee’s entitlement to long service leave has been cleared. (5) Upon the application of an employee, the Employer may approve the taking by the employee: (a) of double the period of long service leave entitle- ment on half pay instead of the period of long serv- ice leave entitlement on full pay; or (b) of any portion of long service leave entitlement on full pay or double the portion on half pay, provided that the minimum portion of long service leave enti- tlement taken shall be one complete month’s entitle- ment or a multiple thereof. (6) Continuous service shall not include: (a) any period during which an employee is absent on a long service leave entitlement or any portion thereof; (b) any period exceeding two weeks during which the employee is absent on leave without pay, unless the Employer determines otherwise; (c) any service by an employee who resigns, is dismissed or whose services are otherwise terminated other than service prior to such resignation, dismissal or termi- nation when that prior service had actually entitled the employee to long service leave. (7) A lump sum payment for long service leave accrued in accordance with this Clause and for pro-rata long service leave shall be made in the following cases: (a) As a retiring allowance, to an employee who retires at or over the age of fifty five years or who is retired on the grounds of ill health, provided that no pay- ment shall be made for pro-rata long service leave unless the employee has completed not less than twelve months’ continuous service. (b) To an employee who, not having resigned, is retired for any other cause; provided that no payment shall be made for pro-rata long service leave unless the employee has completed not less than three years’ continuous service before the date of retirement. (c) To the estate of an employee in the event of death, unless the employee is survived by a spouse legally dependent on him/her or some other person legally so dependent who is approved by the Employer for the purpose. Provided that no payment shall be made for pro-rata long service leave unless the employee had completed not less than twelve months’ con- tinuous service prior to the date of death. (8) (a) An employee may, prior to commencing long service leave, request approval for the substitution of another date for the commencement of long service leave and the employer may approve such substitution. (b) Subject to the provisions of subclause (6) the service of an employee shall not be deemed to have been broken if the employee’s employment is ended by the employer for any rea- son other than misconduct or unsatisfactory service but only if— (i) the employee resumes employment under this Agree- ment not later than six months from the day on which the employment ended; and (ii) payment pursuant to subclause (7) of this clause has not been made. (9) (a) Where an employee was, immediately prior to being employed by a respondent to this Agreement, employed by any other respondent to this Agreement, employed in the serv- ice of the Public Service of Western Australia or by other state government employer , and the period between the date when that employee ceased the previous employment and the date of commencing employment with the new Employer does not exceed one week, or such further period as the Employer de- termines, that employee shall be entitled to thirteen weeks of long service leave on full pay on the date determined by: (i) calculating the pro rata portion of long service leave to which the employee would have been entitled up to the date of appointment by the Employer in ac- cordance with the provisions that applied to the pre- vious employment referred to, but in calculating that period of pro rata long service leave, any long serv- ice leave taken or any benefit granted in lieu of any such long service leave during that employment shall be deducted from any long service leave to which the employee may become entitled under this Clause; and (ii) by calculating the balance of the long service leave entitlement of the employee upon appointment by the Employer in accordance with the provisions of subclause (1) of this Clause. (b) In addition to any entitlement arising from the applica- tion of paragraph (a) of this subclause, an employee previ- ously employed by any other respondent to this Agreement, employed in the service of the Public Service of Western Aus- tralia or by other state government employer may, on approval of the Employer be credited with any period of long service leave to which the employee became entitled during the former employment but had not taken at the date of appointment with the Employer provided the former Employer had given ap- proval for the employee to accumulate the entitlement. (10) (a) Where an employee was, immediately prior to be- ing employed under this Agreement, employed in the service of the Commonwealth or of any other State of Australia, and the period between the date when the employee ceased the previous employment and the date of commencing employ- ment under this Agreement does not exceed one week, or such further period as the employer determines, that employee shall be entitled to long service leave determined in the following manner— (i) the pro rata portion of long service leave to which the employee would have been entitled up to the date of the appointment under this Agreement, shall be calculated in accordance with the provisions that applied to the previous employment referred to, but in calculating that period of pro rata long service leave, any long service leave taken or any benefit granted in lieu of any such long service leave during that employment shall be deducted from any long service leave to which the employee may become entitled under this Agreement; and (ii) the balance of the long service leave entitlement of the employee shall be calculated upon appointment under this Agreement in accordance with the provi- sions of this clause. (b) A employee previously employed by the Commonwealth or by any other State of Australia shall not proceed on any period of long service leave without the express approval of the employer until the employee has served a period of not less than three years’ continuous service under this Agree- ment and becomes entitled to long service leave on full pay. (c) Nothing in this Agreement confers or shall be deemed to confer on any employee previously employed by the Com- monwealth or by any other State of Australia any entitlement to a complete period of long service leave that accrued in the WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 427 76 W.A.I.G. employee’s favour prior to the date on which the employee commenced employment under this Agreement. (11) An employee who has elected to retire at or over the age of 55 years and who will complete not less than twelve months’ continuous service before the date of retirement may make application to the employer to take pro rata long service leave before the date of retirement, based on continuous serv- ice of a lesser period than that prescribed by subclause (1) for a long service leave entitlement. (12) Long service leave accrued prior to the introduction of this Agreement shall remain to the credit of the employee. 4.5—FAMILY LEAVE (a) An employee is entitled to paid family leave of up to [2] days in a calendar year to care for an ill family member pro- vided the days used are sick leave entitlements accrued from the previous years of service and are not the Employee’s enti- tlements for the current year. (b) In this subclause “family member” means the employ- ee’s spouse, de facto spouse, child, stepchild, parent, step par- ent or another person who lives with the employee as a member of the Employee’s family. (c) Family leave is not cumulative from year to year. (d) An absence on family leave must, if required by the Hospital/ Health Service, be supported by a certificate, dated at the time of the absence, from a registered medical practi- tioner, stating that the family member was ill. 4.6—BEREAVEMENT LEAVE (a) An employee is entitled to paid bereavement leave for up to [2] days on the death of a spouse, de factor spouse, child, stepchild, parent, step parent or another person who, immediately before that person’s death, lived with the em- ployee as a member of the employee’s family. (b) Bereavement leave must be supported by evidence that would satisfy a reasonable person as to: (1) the death that is the subject of the leave sought; and (2) the relationship of the employee to the deceased per- son if the employer requires this. 4.7—PARENTAL LEAVE An employee shall be entitled to Parental Leave in accord- ance with Division 6—Parental Leave of the Minimum Con- ditions of Employment Act 1993. 4.8—SPECIAL LEAVE Special leave for conferences and other purposes including study leave may be granted at the discretion of the Employer. 4.9—HIGHER DUTIES An employee who is directed by the Employer or a duly authorised senior officer to act in an office which is classified higher than the medical officer and who performs the full du- ties and accepts the full responsibility of the higher office for more than ten consecutive working days , shall subject to the provisions of this Agreement be paid an allowance equal to the difference between the employee’s own salary and the sal- ary the employee would receive if permanently appointed to the office in which the employee is so directed to act. 4.10—DISTRICT ALLOWANCE Subject to provisions of this Agreement the provisions of Schedule D of the Public Service Award 1992 shall apply mutatis mutandis to employees employed under this Agree- ment. 4.11—INTRODUCTION OF CHANGE (1) (a) Where an employer has made a definite decision to introduce major changes in production, programme, organi- sation, structure or technology that are likely to have signifi- cant effects on employees, the employer shall notify the employees who may be affected by the proposed changes and the Association. (b) “Significant effects” include termination of employment, major changes in the composition, operation or size of the employer’s workforce or in the skills required; the elimina- tion or diminution of job opportunities, promotion opportuni- ties or job tenure; the alteration of hours of work; the need for retraining or transfer of medical practitioners to other work or locations and restructuring of jobs. Provided that where the Agreement makes provisions for alteration of any of the matters referred to herein an alteration shall be deemed not to have significant effect. (2) (a) The employer shall discuss with the employee af- fected and the Association, inter alia, the introduction of the changes referred to in subclause (1) hereof, the effects the changes are likely to have on employees, measures to avert or mitigate the adverse effects of such changes on employees and shall give prompt consideration to matters raised by the employees and/or the Association in relation to the changes. (b) The discussion shall commence as early as practicable after a firm decision has been made by the employer to make the changes referred to in subclause (1) hereof. (c) For the purposes of such discussion, the employer shall provide to the medical practitioners concerned and the Asso- ciation, all relevant information about the changes including the nature of the changes proposed; the expected effects of the changes on medical practitioners and any other matters likely to affect medical practitioners provided that the em- ployer shall not be required to disclose confidential informa- tion the disclosure of which would be inimical to his/her interests. 4.12—DISPUTE SETTLING PROCEDURES (1) Subject to the provisions of the Industrial Relations Act, 1979 and Clause 4.11—Introduction of Change any griev- ance, complaint or dispute, or any matter raised by the Asso- ciation or a respondent employer and employees engaged under this Agreement, shall be settled in accordance with the proce- dures set out herein. The parties agree that no bans, stoppages or limitations will be imposed prior to, or during the time this procedure is being followed. This clause in no way limits the rights of employers, em- ployees and the Association under the Occupational Health, Safety and Welfare Act, 1984 or other related legislation. (2) Where the matter is raised by a medical practitioner, or a group of medical practitioners, the following steps shall be observed— (a) The employee(s) concerned shall discuss the matter with the Head of Department. If the matter cannot be resolved at this level the Head of Department shall, within three (3) working days, refer the matter to the Medical Superintendent and the medical practitioner(s) shall be advised accordingly. (b) The Medical Superintendent shall, if so able, answer the matter raised within one (1) week of it being re- ferred and, if the Medical Superintendent is not able, refer the matter to the Hospital Executive for its at- tention, and the medical practitioner(s) shall be ad- vised accordingly. (c) (i) If the matter has been referred in accordance with paragraph (b) above the medical practitioner(s) or the appropriate AMA Hos- pital Medical practitioner Representative shall notify the Association, to enable the opportu- nity of discussing the matter with the employer. (ii) The employer shall, as soon as practicable af- ter considering the matter before it, advise the medical practitioner(s) or, where necessary, the Association of its decision. Provided that such advice shall be given within one(1) month of the matter being referred to the employer. (d) (i) Should the matter remain in dispute after the above processes have been exhausted and be an industrial matter either party may refer the matter to the