SENIOR MEDICAL OFFICERS'

and

RESIDENT MEDICAL OFFICERS'

AWARD

(Queensland)

[Click here to view the INTERPRETATION MANUAL for this award
issued by the "State Public Services Federation, QLD"]

Webpage version prepared by CMOA on 2nd July 1999

DISCLAIMER: Whilst all care has been taken, the following document has been prepared using "optical character recognition" software applied to "scanned" documents and it may contain typographical errors. The CMOA suggests you seek clarification from your employer or industrial representatives.

updated 02.9.96

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

Industrial Relations Act 1990

s.144 - application for variation

s.144 - application for rescission and new award

State Public Services Federation Queensland

Union of Employees

AND

Queensland Health and the Various Regional Health Authorities

(No. R7-3 of 1992)

REGIONAL HEALTH AUTHORITIES -
SENIOR MEDICAL OFFICERS' INTERIM AWARD - STATE

REGIONAL HEALTH AUTHORITIES -
RESIDENT MEDICAL OFFICERS' INTERIM AWARD - STATE

COMMISSIONER BLOOMFIELD
21 December 1994

RESCISSION AND NEW AWARD

THIS matter coming on for hearing before the Commission at Brisbane on 21 December 1994, this Commission doth order that the said Awards be rescinded as from the first day of February, 1995, and doth award as follows:-

REGIONAL HEALTH AUTHORITIES - SENIOR

MEDICAL OFFICERS' AND RESIDENT MEDICAL

OFFICERS' AWARD - STATE

Arrangement of Award

PART 1- PRELIMINARY

1.1 Title

This Paid Rates Award shall be known as the Regional Health Authorities - Senior Medical Officers' and Resident Medical Officers' Award - State.

1.2 Award Coverage

(l) This Award shall apply to:-

(a) Employees of the various Regional Health Authorities in Queensland whose rates of salaries are prescribed herein and to the Chief Executive, Department of Health as the employer on behalf of the various Regional Health Authorities in relation to such employees;

(b)Employees of the Mater Misericordiae Public Hospitals, South Brisbane, whose rates of salaries are prescribed herein and to the Corporation of the Sisters of Mercy in Queensland, as the employer in relation to such employees.

(2) The provisions of the Health Services Act 1991 and the Health Act 1937 and the Regulations made thereunder shall apply to the employees to which this Award applies where such Acts and Regulations are applicable.

1.3 Area of Operation

For the purposes of this Award, the divisions and districts into which the State is divided in relation to the payment of divisional parities and district allowances shall be as follows:-

(1 )Divisions –

Northern Division - That portion of the State along or north of a line commencing at the

junction of the sea-coast with the 21st parallel of south latitude; thence by that parallel of latitude due west to 147 degrees of each longitude; thence by that meridian of longitude due south to 22 degrees 30 minutes of south latitude; thence by that parallel of latitude due west to the western border of the State.

Mackay Division - That portion of the State within the following boundaries:-commencing at the junction of the sea-coast with the 21st parallel of south latitude; thence by that parallel of latitude due west to 147 degrees of east longitude; thence by that meridian of longitude due south to 22 degrees of south latitude; thence by that parallel of latitude due east to the sea-coast; thence by the sea-coast northerly to the point of commencement.

Southern Division - That portion of the State not included in the Northern or Mackay Divisions.

(2)Districts –

(a)Northern Division –

Eastern District - That portion of the Northern Division along or east of 144 degrees 30

minutes of east longitude.

Western District - The remainder of the Northern Division.

(b)Southern Division –

Eastern District - That portion of the Southern Division along or east of a line commencing at the junction of the southern border of the State with 150 degrees of east longitude; thence by that meridian of longitude due north to 25 degrees of south latitude; thence by that parallel of latitude due west to 147 degrees of east longitude; thence by that meridian of longitude due north to the southern boundary of the Mackay Division.

Western District - The remainder of the Southern Division.

1.4 Date of Operation

This Award shall take effect and have the force of law throughout the State of Queensland as from the first day of February, 1995.

1.5 Award Posting

A true copy of this Award shall be exhibited in a conspicuous and convenient place on the premises of the employer so as to be easily read by employees.

1.6 Savings

Insofar as the conditions of employment and remuneration to be received by such employees are affected by the provisions of this Award, nothing in this Award shall be construed to reduce the salary or prejudicially affect any of the conditions of employment an employee was receiving at the date of it coming into operation.

PART 2- TERMS AND CONDITIONS OF EMPLOYMENT

2.1 Contract of Employment - Resident Medical Officers

Appointment to the position of Resident Medical Officer shall be for fifty-two (52) continuous calendar weeks, unless otherwise specifically stated, and the following provisions shall be included:-

The employer shall appoint the Resident Medical Officer to provide medical services including the keeping and maintaining of adequate medical records and may require the Resident Medical Officer to spend a period of their engagement at a number of public hospitals as arranged mutually by the Regional Health Authority and the Resident Medical Officer concerned.

Except in the case of dismissal for misconduct, employment may be terminated by four (4) weeks' notice given either by the employer or by the Resident Medical Officer or by payment or forfeiture of four weeks' salary as the case may be, provided that the Resident Medical Officer and the employer may agree to a lesser period of notice.

2.2 Contract of Employment - Senior Medical Officers

Except in the case of dismissal for misconduct, employment may be terminated by three (3) calendar months' notice given either by the employer or by the Senior Medical Officer or by payment or forfeiture of three (3) months' salary as the case may be provided that the Senior Medical Officer and the employer may agree to a lesser period of notice.

2.3 Recognition of Previous Service

The conditions prescribed in Determination No. A.4 made under section 22 of the Regulations pursuant to the Public Service Management and Employment Act 1988 existing at the date of this Award and any amendments thereto apply to employees covered by this Award.

2.4 Grievance Procedures

(1)The objectives of the procedure are to promote the prompt resolution of grievances by consultation, co-operation and discussion to reduce the level of disputation; and to promote efficiency, effectiveness and equity in the workplace.

(2)This procedure applies to all industrial matters within the meaning of the Industrial Relations Act 1990 subject to the operation of section 518 of the Act.

(3)Stage 1: In the first instance the employee shall inform such employee's immediate supervisor of the existence of the grievance and they shall attempt to solve the grievance. It is recognised that an employee may exercise the right to consult such employee's union representative during the course of Stage 1.

(4)Stage 2: If the grievance remains unresolved, the employee shall refer the grievance to the next in line management ("the manager"). The manager will consult with the parties. The employee may exercise the right to consult or be represented by such employee's union representative during the course of Stage 2.

(5)Stage 3.. If the grievance is still unresolved, the manager will advise the Chief Executive and the aggrieved employee may submit the matter in writing to the Chief Executive of the organisation if such employee wishes to pursue the matter further. If desired by either party, the matter shall also be notified to the union.

The Chief Executive shall ensure that:-

(a) the aggrieved employee or such employee's union representative has the opportunity to present all aspects of the grievance;

(b)the grievance shall be investigated in a thorough, fair and impartial manner.

The Chief Executive may appoint another person to investigate the grievance. The Chief Executive may consult with the union in appointing an investigating officer. The appointed person shall be other than the employee's supervisor or manager.

If the matter is notified to the union, the investigating officer shall consult with the union during the course of the investigation. The Chief Executive shall advise the employee initiating the grievance, such employee's union representative and any other employee directly concerned of the determinations made as a result of the investigation of the grievance.

The Chief Executive may delegate such Chief Executive's grievance resolution powers under this clause to a nominated representative.

(6)The procedure is to be completed in accordance with the following time frames unless the parties agree otherwise.

Stage 1: Discussions should take place between the employee and such employee's supervisor within 24 hours and the procedure shall not extend beyond seven (7) days.

Stage 2: Not to exceed seven (7) days

Stage 3: Not to exceed fourteen (14) days

(7)If the grievance is not settled the matter shall be referred to the Commissioner for Public Sector Equity or the Industrial Relations Commission by the employee or the union as appropriate, in accordance with the respective jurisdictions of the tribunals.

(8)Subject to legislation, while the grievance procedure is being followed, normal work is to continue, except in the case of a genuine safety issue. The status quo existing before the emergence of a grievance or dispute is to continue while the procedure is being followed. No party shall be prejudiced as to the final settlement by the continuation of work.

(9)Where the grievance involves allegations of sexual harassment, an employee may commence the procedure at Stage 3.

2.5 Preference of Employment

(1) Preference of employment under this Award at the time of engagement shall be given to financial members of the State Public Services Federation Queensland Union of Employees or to persons who give an undertaking writing to apply for membership of the State Public Services Federation Queensland Union of Employees within fourteen (14) days from the commencement of employment, subject to the provisions of the Industrial Relations Act 1990.

(2) The prescribed conditions on which preference is to be granted are:-

(a)the employer is required to give preference to a member of the industrial organisations over another person only when all factors relevant to the particular case are otherwise equal;

(b)an employer is not required to give preference to a member of an industrial organisation over a person in respect of whom there is in force a certificate under section 388 of the Industrial Relations Act 1990.

(c) preference means preference at the point of engagement and preference at the point of retrenchment.

(3) A person shall not be deemed to have made application to become a financial member of a relevant industrial organisation unless that person has tendered the fee prescribed by the Rules of the industrial organisation to some person authorised to receive such fee on behalf of the industrial organisation.

PART 3- DEFINITIONS, SALARIESIWAGES AND ALLOWANCES

3.1 Definitions

(l) "Casual Employee" shall mean an employee, other than a "Part-Time Employee" as defined herein, who is engaged as such and is paid on an hourly basis to work generally for less than the ordinary weekly working hours of a full-time employee.

(2) "Continuous Shift Work" shall mean work done by Resident Medical Officers where the hours of work are regularly rotated in accordance with a shift roster covering a 24 hour per day operation over a seven (7) day week.

(3) "Double Rates" shall mean one time in addition to the prescribed rate payable depending upon when the work is being performed.

(4) "Intern" shall mean a medical practitioner who holds a certificate from the Medical Board of Queensland authorising an appointment as such under the Medical Act.

(5) "Junior House Officer" shall mean a medical practitioner in the first year of service after eligibility for full registration as a medical practitioner.

(6) "Majority of Shift" means the major portion of ordinary hours worked by Resident Medical Officers in any shift where the starting and finishing times occur on different days.

(7) "On duty" means time spent performing official hospital duties.

(8) "Part-Time Employee" shall mean an employee, other than a "Casual Employee" as defined herein, who is engaged to work regular hours each week and whose ordinary daily working hours are worked continuously, excluding meal breaks:

Provided that the weekly total of such hours shall always be less than the ordinary weekly working hours of a full-time employee.

(9) "Paypoint" shall mean the specific rate of remuneration payable to an employee within a Classification Level.

(10) "Principal House Officer" shall mean a medical practitioner appointed as such who is not undertaking an accredited course of study leading to a higher medical qualification.

(11) "Regional Health Authority" shall mean an Authority constituted under the Health Services Act 1991.

(12) "Registrar" means a medical practitioner appointed as such who is undertaking an accredited course of study leading to a higher medical qualification.

(13) "Resident Medical Officer" means a medical practitioner appointed as an Intern, a Junior House Officer, a Senior House Officer, a Principal House Officer, a Registrar or a Senior Registrar by any Regional Health Authority and the Mater Misericordiae Public Hospital South Brisbane.

(14) "Rostered Days Off' shall mean those two (2) days in every seven (7) day work cycle an employee is not rostered to perform ordinary working hours.

(15) "Senior House Officer" shall mean a medical practitioner in the second or subsequent years of practical experience after eligibility for full registration as a medical practitioner and who has not been appointed as a Registrar or Principal House Officer.

(16) "Senior Medical Officer" shall include a Medical Superintendent, Deputy Medical Superintendent, Assistant Medical Superintendent, Senior Staff Specialist, Staff Specialist, General Practitioner and Medical Officer.

(17) "Senior Registrar" shall mean a medical practitioner appointed as such who has obtained specialist registration with the Medical Board of Queensland.

(18) "Shift Work" (other than continuous shiftwork) shall mean work regularly rotated in accordance with a roster for Resident Medical Officers which prescribes two or more shifts (day, afternoon or night) per day, but does not cover a 24 hour per day operation over a 7 day week.

3.2 Guaranteed Minimum Wage

The rates of salaries prescribed by this Award in respect to adult employees or to employees who are seniors are deemed to include and to be expressed by reference to the Guaranteed Minimum Wage declared for the time being and from time to time pursuant to the provisions of the Industrial Relations Act 1990, and unless otherwise ordered such wages and salaries are to be adjusted to accord with any variations to such Guaranteed Minimum Wage. Until further order the amount of the Guaranteed Minimum Wage deemed to be so included is as follows:-

Schedule

Within the Southern Division, Eastern District -

Adults $ 242.00 per week

3.3 Payment of Salaries

Salaries shall be paid fortnightly by electronic funds transfer, provided that payment by other means shall be at the discretion of the employer. The salaries prescribed by this Award are expressed in both fortnightly and annual rates. The fortnightly rates are the actual salaries paid and annual rates are shown for information purposes only.

3.4 Salaries

Employees shall be paid in accordance with one of the following classification levels.

Note

The rates of pay in this Award include the first and second $8 per week arbitrated safety net adjustments payable under the December 1994 State Wage Case decision. Increases made under previous State Wage Case Principles or under the current Statement of Principles are not to be used to offset arbitrated safety net adjustments. The first and second $8 per week arbitrated safety net adjustments may be offset to the extent of any other wage increase, whether an award increase, an overaward payment or an increase by way of enterprise bargaining, received since 1 February 1992. Pre February 1992 overaward arrangements are to be applied according to their terms.

3.5 Movement within Classification Levels

(a) in the case of 3.4(5) above, a Medical Officer/General Practitioner shall not be entitled to receive an increase in salary by way of movement between CI-1 and CI-2 until the Medical Officer has been in receipt of such salary for a period of five (5) years;

(b) in the case of 3.4(9) above, a Medical Superintendent, Deputy Medical Superintendent and Assistant Medical Superintendent, howsoever titled, will be appointed to a fixed classification level and not be entitled to an increase except as follows:

- appointees with FRACGP to level MS-i to MS-3 positions can receive annual increases to a maximum of level MS-4.

- appointees who possess registered specialist qualifications including FRACMA may progress to MS-8 provided they are engaging in the practice of their specialist discipline for at least 75% of their time in order to be eligible for progression.

(c) except in the cases of 3.4(5) and 3.4(9) above, within each Classification Level a Medical Officer/General Practitioner shall not be entitled to receive an increase in salary by way of movement between paypoints until the Medical Officer has been in receipt of such salary for a period of 12 months.

3.6 Criteria for Appointment to a Staff Specialists Scale

Less than one year eligibility for specialist registration MOI-l

One year but less than two years eligibility MOI-2

Two years but less than three years eligibility MOI-3

Three years but less than four years eligibility MOI-4

Four years but less than five years eligibility MOI-5

Five years but less than six years eligibility MOI-6

Six years but less than seven years eligibility MOI-7

3.7 Criteria for Appointment to Senior Staff Specialists Scale

Staff Specialists, including Medical Superintendents, Deputy Medical Superintendents and Assistant Medical Superintendents who possess a Specialist qualification, are eligible to apply to be designated as Senior Staff Specialists only:-

(l) by appointment to an advertised vacancy; or

(2) in accordance with the following philosophies and criteria, after having been eligible for specialist registration for at least eight (8) years.

The excellence/performance criteria recognises that Senior Staff Specialists are individuals who perform at a demonstrably higher level than that required for career-range Staff Specialists. The Central Body of Peers must pay particular attention to sustained meritorious achievement in areas of clinical excellence, major teaching initiatives and responsibilities and a significant level of contribution to fostering and promoting high standards in the provision of public health services. Applications by Staff Specialists seeking to become Senior Staff Specialists will in each case be considered by a Central Body of Peers (as provided by clause 3.8(5)) constituted for that purpose, which will make recommendations to the Honourable the Minister for Health for approval.

In assessing whether an application for appointment to Senior Staff Specialist status is appropriate, consideration will be given to the individual's total contribution to the provision of health services within the individual's area of expertise. Such an assessment will consider whether the Staff Specialist has special and sustained merit in the Public Health System which would warrant appointment as Senior Staff Specialist, and shall also have regard to such factors as:-

Qualifications and distinguished Achievement Awards;

Recognition of professional excellence by peers, state, national or international agencies;

Extent of teaching commitments (both inside and outside the employing Facility);

Publication of papers, books, chapters, videos and tapes;

Committee membership relevant to professional activities with demonstrated active participation;

Contributions to the advancement of the objectives of professional organisations;

Recognition of research achievements;

Research grants received;

Consultancy/Advisory role to agencies relevant to the health industry;

Professional Leadership;

Invited lectures; and

Other evidence which exemplifies the status for appointment to this classification.

3.8 Method of Review

(l)Applications will be invited on the first day of July each year.

(2) Specialists seeking senior specialist status will submit to the Chief Executive Officer or the Medical Superintendent of their hospital a written application, together with a curriculum vitae, addressing the criteria outlined in clause 3.7. In addition, the following documentation should be provided in support of the application:-

publications (including papers, books, videos and tapes); research results;

evidence of senior status by the holding of Offices such as Chairman/Secretary of Committees, Colleges, Associations etc.

(3)The Chief Executive Officer or the Medical Superintendent will forward all applications to the Regional Director who will, in conjunction with the relevant officer, submit such applications to a Central Body of Peers for consideration. Applications will be accompanied by certification that:-

(a) the specialist has been eligible for specialist registration in the specialty for at least eight years; and

(b)endorsement of whether or not the specialist has special and sustained merit in the Public Health System.

(4)In cases where Medical Superintendents with Specialist qualifications are making application for Senior Specialist status, the application will be forwarded direct to the Regional Director or approved delegate for referral to a Central Body of Peers. Certification of items in subclauses (3)(a) and (b) will need to be provided by the Regional Director or approved delegate.

(5)The Central Body of Peers will be established to consider all applications submitted in accordance with subclause (3) hereof and make recommendations accordingly.

(6)The Central Body of Peers shall compromise of a representative from the following:-

College or learned society;

State Public Services Federation, Queensland Union of Employees

- full-time senior official; and

- full-time specialist.

Director General, Queensland Health; and Regional Health Authority.

Recommendations for appointment to positions of Senior Staff Specialist shall be arrived at by consensus between members of the Body of Peers and then such recommendations will be submitted to the Honourable the Minister for Health for approval.

The Central Body of Peers shall recommend applicants for positions of Senior Staff Specialist based upon merit.

Merit shall be determined by assessing the applicant against the criteria detailed in clause 3.7 of the Award.

An unsuccessful applicant shall receive feedback from the Central Body of Peers and will be eligible to reapply on 1 July of the subsequent year.

3.9 Date of Appointment

Each employee on appointment shall be advised in writing of the Classification Level which relates to that position, of any variations thereto, and of their conditions of employment.

The date of appointment to a position shall be:-

the date of approval for those employees appointed from within Queensland Health to an advertised vacancy; or

the date of commencement of duty for those employees appointed from an external source to an advertised vacancy; or

the first day of July for those Senior Medical Officers appointed in accordance with clause 3.8.

3.10 Allowances

(1) Higher Duties Payment - Where an employee temporarily occupies a position to which is attached a higher classification for a period of more than three days, that employee shall be paid not less than the difference between the salary of the employee temporarily filling the position and the minimum salary attaching to the position they are temporarily occupying, including any relevant Director's Allowance.

(2) Allowances to Meet Increased Cost of Living - Allowances to meet increased cost of living are payable in accordance with determinations or rulings made from time to time by the Governor in Council pursuant to section 41 "Locality Allowance" of the Public Service Management and Employment Regulation 1988.

(3) Meal Allowance - When an employee is rostered to work in excess of ten (10) continuous hours they shall be supplied with an adequate meal free of charge or be entitled to be paid $7.50 meal allowance:

Provided that where the continuous period exceeds fifteen (15) hours, a further meal free of charge shall be supplied or a further $7.50 meal allowance paid.

(4) Motor Vehicle Allowance -

(a) An employee who is granted permission to travel from one centre to another by means of their private motor vehicle in the course of their official duties, shall be paid an allowance in accordance with determinations or rulings made from time to time by the Governor in Council pursuant to section 42 "Motor Vehicle Allowance" of the Public Service Management and Employment Regulation 1988.

(b) Where an employee (whether on call or not) is recalled to perform work to provide a clinical service during an off period, the employee shall be provided with transport to and from home or shall be refunded the cost of such transport as follows:-

(i) Taxi fares where a taxi is utilised; or

(ii) The motor vehicle allowance as prescribed in provision (a) hereof where the use of a taxi is not viable due to clinical circumstances.

(5) Divisional and District Parities - In addition to the rates of salaries set out in this Award for the Southern Division, Eastern District, the following amounts shall be paid to employees employed in the Divisions and Districts referred to hereunder:-

(6)Director Allowance - Senior Medical Officers -

(a) Where appointed to a position of Director, the following relevant paid for the duration of that appointment:-

Large Department: $7,500 per annum

Medium Department: $5,300 per annum

Small Department: $3,100 per annum

Clinical Director: Nil

(b)Department size shall be determined on the basis of the administration/managerial responsibilities required to be undertaken by the Director. This shall be determined in consultation with the parties.

(c)The allowance shall be considered as an All Purpose Allowance in terms of this Award excepting that it is not to be taken into account in the calculation of the Flexibility Allowance prescribed in clause 3.10(7).

(d)A Director's Allowance is not payable to Medical Superintendents, Deputy Medical Superintendents or Assistant Medical Superintendents howsoever titled.

(7)Flexibility Allowance - Senior Medical Officers -

(a) A Senior Medical Officer who in working required ordinary hours regularly

commences duty at 7.30 a.m. or continues to work to 6.30 p.m. without overtime payments as a regular working arrangement in order to provide a clinical service shall be paid a fortnightly allowance equivalent to five percent of the officer's ordinary fortnightly salary.

(b) A Senior Medical Officer's ordinary fortnightly salary shall be exclusive of the Director's Allowance prescribed in clause 3.10(6) of this Award.

(c) Such working arrangements shall be by mutual agreement between the employer and the Senior Medical Officer.

(d) The Flexibility Allowance shall not be paid during any periods of leave and shall not be calculated for any other purpose of this Award.

(8) Extra Payment for Afternoon and Night Shifts - Resident Medical Officers - Afternoon and night shift workers shall be paid an allowance of 15 percent for each shift of ordinary hours where the major portion of such shift is worked between the hours of 6.00 p.m. and 8.00 a.m. the following day:

Provided that such afternoon and night shift allowances shall not apply to shift work performed on Saturday, Sunday or Public Holidays where the extra payments prescribed by subclause (9) "Extra Payment for Week-end Work - Resident Medical Officers" or clause 5.3 (')ublic Holidays) apply.

(9) Extra Payment for Week-end Work - Resident Medical Officers - All ordinary time worked by Resident Medical Officers in any one shift between midnight Friday and midnight Saturday shall be paid for at the rate of time and a-half and between midnight Saturday and midnight Sunday at the rate of double time.

(10) Basis of Payment - Shifts and Week-end Work - Resident Medical Officers - In respect to the calculations of payments as contained in subclauses (8) and (9) above, such shall be made upon the majority of shift basis in respect of ordinary hours worked where the starting and finishing times occur on different days over the period Friday to Monday both days inclusive.

(11) Allowances for Travelling or Relieving - Resident Medical Officers - Any Resident Medical Officer required to visit another centre in the course of their official duties shall be entitled to an allowance in accordance with determinations or rulings made from time to time by the Governor in Council pursuant to section 40 "Allowance for Travelling or Relieving" of the Public Service Management and Employment Regulation 1988.

(12) Appointment and Secondment Expenses - Resident Medical Officers -

(a)All reasonable costs incurred by Resident Medical Officers when seconded to another health facility shall be paid by the employer and where such secondment exceeds four weeks such Resident Medical Officer shall be reimbursed all reasonable costs incurred by the employee's spouse and family.

(b)All reasonable costs on appointment incurred by Resident Medical Officers shall be paid by the appointing employer.

(13) Board and Lodging - Resident Medical Officers -

(a) Where board and lodging of reasonable standard are supplied to Resident Medical Officers residing within employer accommodation, the employer shall be entitled to deduct a sum equivalent to 5% of the fourth year on the Registrars and Principal House Officers scale ~EG4) per week from the weekly rates of pay prescribed for such Resident Medical Officers.

(b)Where Resident Medical Officers who are living out are provided with meals by the employer, a deduction shall be made from their wages calculated at the rate of 4.5 percent of the board and lodging charge for each meal provided.

(c)In respect of lunch and dinner, only a main course together with tea or coffee will be provided. For each additional course a charge at the rate of 2.21% of the board and lodging charge shall be made.

(d)Where Resident Medical Officers are provided with accommodation only by the employer a deduction shall be made from their wages at the rate of 36.74% of the board and lodging charge per week.

(e)For the purpose of determining the aforementioned charges, calculations shall be made to the nearest five cents.

(f) Where a hospital provides married quarters, the rental and any other charges will be fixed by the employer.

(g)The employer shall respect the privacy of a Resident Medical Officer's room or quarters.

PART 4- HOURS OF WORK, OVERTIME

4.1 Hours of Duty - Resident Medical Officers

(1) The ordinary hours of duty of Resident Medical Officers shall be eighty per fortnight.

(2) No shift shall be less than four (4) hours in length on any day:

Provided that no Resident Medical Officer shall be rostered to perform ordinary hours of less than eight (8) hours on more than two (2) shifts in any fourteen (14) day period.

(3) No broken or split shifts shall be worked.

(4) All ordinary time worked in excess of ten (10) hours in any one shift shall be paid at overtime rates.

(5) In no case shall a Resident Medical Officer be required to be on duty beyond a maximum of sixteen (16) hours, with a minimum of eight (8) hours off duty before being required to be on duty again.

(6) Resident Medical Officers shall be given at least two (2) weeks notice of rosters to be worked in relation to ordinary hours and also where practicable, in relation to additional (overtime) rostered hours of work:

Provided that, a hospital may change the rosters without notice to meet any emergent situation.

(7) A Resident Medical Officer shall be entitled to four (4) days off in any fourteen (14) day period, two (2) of which shall be on consecutive days:

Provided that where a Resident Medical Officer, as part of their ordinary duty is rostered for a period or periods of not more than four (4) ordinary hours of duty, an entitlement to the remaining two (2) days off shall be adjusted so that two (2) half days representing four (4) ordinary working hours on each day shall represent one whole day.

(8) For the purpose of this clause, a "day" shall be defined as a period of twenty-four (24) consecutive hours calculated from midnight on one day to midnight on the next day.

4.2 Hours of Duty - Senior Medical Officers

The ordinary hours of duty of Senior Medical Officers shall not exceed 9 hours per day or 90 hours per fortnight exclusive of meals. Such ordinary hours shall be worked between the hours of 8.00 a.m. and 6.00 p.m.

4.3 Overtime - Resident Medical Officers

(1)A Resident Medical Officer performing additional hours of duty in excess of the ordinary hours specified in clause 4.1 hereof shall, subject to the Medical Superintendent or their delegate determining that payment is justified, be paid for such excess duty hours as follows:-

(a) Monday to Saturday - time and one-half for the first three (3) hours and double time thereafter;

(b) Sunday - double time;

(c) Public Holidays - double time and one-half.

(2)Payment in terms of this clause shall not be unreasonably withheld by the employer.

4.4 Overtime - Senior Medical Officers

(l) A Senior Medical Officer shall only be entitled to the payment of overtime in respect of clinical duties performed.

(2) A Senior Medical Officer who is not in receipt of the Flexibility Allowance prescribed in clause 3.10(7) of this Award and who is required to work in excess of 9 hours on any day between 8.00 a.m. and 6.00 p.m. shall be paid overtime at the ordinary hourly rate of 1/80th of the Senior Medical Officer's ordinary fortnightly salary taken to the nearest quarter of an hour.

(3) A Senior Medical Officer who is in receipt of the Flexibility Allowance prescribed in clause 3.10(7) of this Award and who is required to work in excess of 9 hours on any day between 7.30 a.m. and 6.30 p.m. shall be paid overtime at the ordinary hourly rate of 1/80th of the Senior Medical Officer's ordinary fortnightly salary taken to the nearest quarter of an hour.

(4) A Senior Medical Officer who is required to commence work prior to 8.00 a.m. or continue after 6.00 p.m. shall be paid overtime at the rate of one and one-half times the ordinary hourly rate calculated at 1/80th of the Senior Medical Officer's ordinary fortnightly salary taken to the nearest quarter of an hour.

Provided that a Senior Medical Officer who is in receipt of the Flexibility Allowance prescribed in clause 3.10(7) of this Award shall not be entitled to the payment of overtime in terms of this subclause except in relation to a request to work before 7.30 a.m. or after 6.30

p.m.

(5) Subject to the provisions of clause 4.10 of this Award (Passive Time - Senior Medical Officers) a Senior Medical Officer who is required to work more than ten (10) hours but less than fourteen (14) hours on any one day shall, for such excess hours be paid overtime at the rate of one and one-half times the ordinary hourly rate calculated at 1/80th of the Senior Medical Officer's ordinary formightly salary taken to the nearest quarter of an hour.

(6) Subject to the provisions of clause 4.10 of this Award (Passive Time - Senior Medical Officers) a Senior Medical Officer who is required to work fourteen (14) hours or more on any one day shall, for those hours worked in excess of fourteen (14) hours be paid overtime at the rate of double the ordinary hourly rate calculated at 1/80th of the Senior Medical Officer's ordinary fortnightly salary taken to the nearest quarter of an hour for those hours worked in excess of fourteen (14) hours.

(7) All overtime performed on the first day of a Senior Medical Officer's rostered days off during a work cycle shall be paid at the rate of one and one-half times the ordinary hourly rate calculated at 1/80th of the Senior Medical Officer's ordinary fortnightly salary taken to the nearest quarter of an hour with a minimum of two (2) hours work or payment thereof.

(8) All overtime performed on the second day of a Senior Medical Officer's rostered days off during a work cycle shall be paid at the rate of double the ordinary hourly rate calculated at 1/80th of the Senior Medical Officer's ordinary fortnightly salary taken to the nearest quarter of an hour with a minimum of two (2) hours work or payment thereof.

(9) All overtime performed on a Saturday or a Sunday shall be paid at the appropriate rate determined by either clause 4.4(7) or 4.4(8) depending upon whether Saturday or Sunday is the first or second rostered day off.

(10) All overtime performed on a public holiday shall be paid at the rate of double time and a-half the ordinary hourly rate calculated at 1/80th of the Senior Medical Officer's ordinary fortnightly salary taken to the nearest quarter of an hour. This subclause does not operate in respect of ordinary hours worked on a public holiday for which the provisions of clause 5.3(1) apply.

4.5 On Call - Resident Medical Officers

(1) "On Call" -

(a) "Proximate call" is the availability of a Resident Medical Officer to be on duty within ten minutes of being recalled provided that a call to duty may be taken from their place of residence.

(b) "Remote call" is the availability of a Resident Medical Officer to be on duty within thirty minutes of being recalled provided that a call to duty may be taken from their place of residence.

(2) Where a Resident Medical Officer is instructed to hold themselves available on call outside ordinary or rostered working hours, they shall be paid, in addition to their ordinary rate of pay, an allowance in accordance with the following scale:-

(a) Where the Resident Medical Officer is on remote call throughout the whole of a Saturday, Sunday or a Public Holiday -$12.25 in respect of such instances;

(b) Where the Resident Medical Officer is on remote call during the night only on a Saturday, Sunday or a Public Holiday - $7.95 per night; and

(c)Where a Resident Medical Officer is on remote call on any other night - $6.25 per night.

For the purposes of this provision, a "night" shall be deemed to consist of those hours falling between 5.00 p.m. and 8.00 a.m. or mainly between such hours.

(3) Where a Resident Medical Officer is placed on proximate call an amount of $5.10 shall be paid in addition to the appropriate allowance prescribed in provision (2) hereof.

4.6 On Call - Senior Medical Officers

(1) Where a Senior Medical Officer is instructed to be available on call outside ordinary working hours to provide a clinical service, the Senior Medical Officer shall be paid an allowance as follows:-

(a) where the Senior Medical Officer is on call throughout the whole of a rostered day off or statutory holiday, the Senior Medical Officer shall receive an amount equal to 90% of the notional rate determined in accordance with subclause (2) hereof;

(b)where the Senior Medical Officer is on call during a day only on a rostered day off or a statutory holiday, the Senior Medical Officer shall receive an amount equal to 45% of the notional rate determined in accordance with subclause (2) hereof;

(c) where the Senior Medical Officer is on call during a night only, the Senior Medical Officer shall receive an amount equal to 45% of the notional rate determined in accordance with subclause (2) hereof;

(d)the allowance is paid for each on call period and not for each hour within an on call period.

For the purposes of this provision, a "night" shall be deemed to consist of those hours falling between 6.00 p.m. and 8.00 a.m. or mainly between such hours. A "day" shall be deemed to consist of those hours falling between 8.00 a.m. and 6.00 p.m. or mainly between such hours.

(2)

(a) The notional rate for all Medical Officers/General Practitioners and Staff Specialists shall be 1/80th of the ordinary fortnightly salary prescribed in clause 3.4 for classification MOI-7.

(b)The notional rate for all Senior Staff Specialists shall be 1/80th of the ordinary fortnightly salary prescribed in clause 3.4 for classification M02-2.

(c)The notional rate for Medical Superintendents, Deputy Medical Superintendents and Assistant Medical Superintendents, how so ever titled, classified at levels MS-i to MS-8 (inclusive) shall be 1/80 of the ordinary fortnightly salary prescribed in clause 3.4 for classification MS-8.

(d)The notional rate for Medical Superintendents, Deputy Medical Superintendents and Assistant Medical Superintendents, how so ever titled, classified at levels MS-9 to MS- 13 (inclusive) shall be 1/80 of the ordinary fortnightly salary prescribed in clause 3.4 for classification MS- 10.

4.7 Recall - Resident Medical Officers

(1) Monday to Friday - In the event of a Resident Medical Officer on call being recalled to perform duty, they shall be paid for the time worked, such time to be calculated as from home and back to home with a minimum payment of two (2) hours at the prescribed overtime rate.

(2) Saturday and Sunday and Public Holidays - A Resident Medical Officer performing overtime on recall on Saturday or Sunday or Public Holidays may be paid for such overtime at the appropriate rate with a minimum of two hours or at their option be granted time off equivalent to the number of hours worked, with a minimum of two hours. Such time to be calculated as from home and back to home:

Provided that a Resident Medical Officer who works on a Public Holiday and who is granted equivalent time off shall be paid at half the ordinary rate for the time so worked with a minimum of two hours.

(3) Any overtime payable shall be in addition to the on call allowance.

(4) Where a Resident Medical Officer is recalled to perform work during an off duty period such Resident Medical officer shall be provided with transport to and from the Resident Medical Officer's home, or be refunded the cost of such transport in accordance with clause 3.1 0(4)(1,).

4.8 Recall - Senior Medical Officers

(1) Monday to Friday - In the event of a Senior Medical Officer on call being recalled to perform duty, the Senior Medical Officer shall be paid for the time worked at one and one-half times the hourly rate as calculated in clause 4.4(2), such time to be calculated as from home and back to home with a minimum payment of two (2) hours in respect of the first recall and one (1) hour for any subsequent recall within any period of twenty-four (24) hours:

Provided that any recall within the minimum period of one (1) or two (2) hours shall not be regarded as a separate call out.

(2) Saturday and Sunday and Public Holidays - A Senior Medical Officer performing overtime on recall on Saturday or Sunday or public holidays shall be paid for such overtime at the appropriate rate as set out in either clause 4.4(9) or 4.4(10). Such time is to be calculated from home and back to home with a minimum payment of two (2) hours in respect of the first recall and one (1) hour for any subsequent recall. This clause does not operate in respect of ordinary hours worked on a public holiday for which provisions of clause 5.3(1) apply:

Provided that any recall within the minimum period of one (1) or two (2) hours shall not be regarded as a separate call out.

(3) Payment as detailed in subclauses (1) and (2) above shall only be made for clinical duties performed. Any overtime payable shall be in addition to the on call allowance.

(4) Where a Senior Medical Officer is recalled to perform work during an off duty period such Senior Medical Officer shall be provided with transport to and from the Senior Medical Officer's home, or be refunded the cost of such transport in accordance with clause 3. 10(4)(b).

4.9 Fatigue Leave - Resident Medical Officers

A Resident Medical Officer who works so much overtime between the termination of their ordinary work on one day and the commencement of their ordinary work on the next day that they have not at least eight (8) consecutive hours off duty between those times shall, subject to this clause be released after completion of such overtime until they have had eight (8) consecutive hours off duty without loss of pay for ordinary working time occurring during such absence. If on the instruction of the employer the Resident Medical Officer resumes or continues work without having had such eight (8) consecutive hours off duty, they shall be paid double rates until they are released from duty for such period and they shall then be entitled to be absent until they have had eight (8) consecutive hours off duty without loss of pay for ordinary working time occurring during such absence:

Provided that the provisions of this paragraph shall not apply where a period of overtime of two hours or less is worked on call.

4.10 Passive Time - Senior Medical Officers

(1)Passive time is to be paid at ordinary time rates excepting:-

(a)where a Senior Medical Officer working on a rostered shift which is payable at overtime or public holiday rates is also required to undertake either within or as an extension of that shift a period of duty which includes both clinical work and passive time; or

(b)where a Senior Medical Officer is recalled to duty in accordance with clause 4.8 (Recall - Senior Medical Officers).

In such circumstances, the prevailing rate of payment is not to be reduced by reason of that passive time.

(2)Any period of passive time performed on an ordinary working day (being any day to which subclause (1) above does not apply) shall not count toward the calculation of the ten (10) hour time period prescribed in clause 4.4(5) of this Award.

(3)Any period of passive time performed on an ordinary working day (being any day to which subclause (1) above does not apply) shall not count toward the calculation of the fourteen (14) hour time period prescribed in clause 4.4(6) of this Award.

4.11 Part-Time Employees

The following conditions shall be applicable to part-time employees:-(1 )The spread of ordinary working hours shall be the same as those prescribed for a fulltime employee under this Award.

(2)A part-time employee shall be employed to work regular hours each week provided the engagement shall always be less than a full-time employee.

(3)A part-time employee shall be paid at the same hourly rate as a full-time employee for performing duties of the same Award classification:

Provided that for the provisions of this clause, the hourly rate for each appropriate classification shall be 1/80th of the ordinary fortnightly salary.

(4)A part-time employee shall also be entitled to any allowances applicable based pro rata on the number of hours worked.

(5)The public holiday provisions of clause 5.3 of this Award shall apply, provided that a part time employee who usually works on a day of the week on which a public holiday falls, and who is not required to work on that day, shall be paid for the hours which would otherwise have been worked on that day.

(6)Subject to the provisions contained herein, all other provisions of this Award applicable to full-time employees shall apply pro rata to a part-time employee.

4.12 Casual Employees

(l)The engagement of casual employees shall not be utilised by the employer to permanently fill any full-time or part-time position.

(2)A casual employee shall be paid 19% in addition to the ordinary Award rate of pay for the class of work upon which such employee is engaged. Each daily engagement shall stand alone, with a minimum payment as for two (2) hours work made in respect to each engagement. Where applicable, a casual employee shall be further entitled to the provisions of overtime, week-end penalty rates and payment for work performed on public holidays.

(3)Provided also that in addition to the provisions of subclause (2) above, a casual employee shall be further entitled to payment of any applicable Award allowances based pro rata on the number of hours worked in relation to the ordinary hours of the Award classification.

(4)Except in accordance with subclauses (2) and (3) above, a casual employee shall not be entitled to any other leave payment.

PART 5- PUBLIC HOLIDAYS, LEAVE

5.1 Recreation Leave - Resident Medical Officers

(1 )Resident Medical Officers shall at the end of each 52 weeks of continuous service be entitled to Recreation Leave on full pay of five weeks, one of such weeks being compensation for work performed on public holidays:

Provided that all Resident Medical Officers shall have their Recreation Leave entitlement debited by the number of working days between Christmas Day and New Year's Day inclusive when there is a compulsory closure of Government establishments over the Christmas/New Year period.

(2)Where work is performed by Resident Medical Officers on a continuous shift work basis as defined in clause 3.1(2) and the Resident Medical Officers perform their duties in the various shifts allocated in rotation, they shall, for each full year of employment that they have been so engaged, be entitled to additional Recreation Leave at the rate of one week per year in respect of the period during which such shifts have been worked.

(3)By mutual agreement, a Resident Medical Officer shall be allowed to take the Recreation Leave prescribed by this clause before the completion of 52 weeks continuous service:

Provided that such leave shall be taken at the convenience of the employer during the year in which it accrues.

(4)A Resident Medical Officer who has been permitted to proceed on Recreation Leave and who ceases duty or whose services are terminated before completing the required continuous service to accrue such leave, must refund the value of the unearned pro rata portion, calculated at the rate of salary as at the date such leave was taken.

The employer may deduct this amount from money due to the Resident Medical Officer by reason of the other provisions of this Award at the time of termination.

No refund is required in the event of the death of a Resident Medical Officer.

(5)All Recreation Leave taken shall be at the rate of salary applicable at the time of taking such leave.

(6)Recreation Leave may be accrued by mutual agreement to a maximum entitlement of two years' leave in the case where a Resident Medical Officer is re-engaged under this Award for successive periods of engagement.

(7)Notwithstanding the provisions of this clause the employer may direct a Resident Medical Officer to take accrued Recreation Leave and it may determine the date on which such leave shall commence:

Provided that the employer shall give the Resident Medical Officer at least 14 days notice of the date from which their Recreation Leave shall be taken.

(8) Calculation of Recreation Leave Pay - In respect to Recreation Leave entitlements to which this clause applies, Recreation Leave pay (including any proportionate payments) shall be calculated as follows:-

(a) Shift Workers - Subject to provision (b) hereof the rate of wage to be paid to a shift worker shall be the rate payable for work in ordinary time according to the Resident Medical Officer's roster or projected roster, including Saturday, Sunday or Holiday shifts.

(b)All Resident Medical Officers - Subject to provision (c) hereof, in no case shall the payment by an employer to a Resident Medical Officer be less than the sum of the following amounts:-

(i) The Resident Medical Officer's ordinary wage rate as prescribed by the Award for the period of Recreation Leave (excluding shift premiums and week-end penalty rates);

(ii)

(A) A further amount calculated at the rate of seventeen and one-half per centum of the amounts referred to in paragraph (i) of this provision for non-continuous shift workers; or

(B) A further amount calculated at the rate of twenty-seven and one-half per centum of the amounts referred to in paragraph (i) of this provision for continuous shift workers.

(c) The provisions of provision (b) hereof shall not apply to the following:-

Any period or periods of Recreation Leave exceeding -

(i) five weeks in the case of Resident Medical Officers employed in a continuous shift work operation as defined in clause 3.1(2);

(ii) four weeks in any other case.

(9) Should Labour Day, Show Day or Easter Saturday occur during a Resident Medical Officer's Recreation Leave there shall be added to the Resident Medical Officer's Recreation Leave an extra day for each such day so occurring:

Provided that, in respect to Easter Saturday an additional day shall not be added to a Resident Medical Officer's Recreation Leave where that Resident Medical Officer, as part of their ordinary working arrangements, is not required to work on Saturdays.

(10) Except in the case of misconduct, Resident Medical Officers other than Medical Fellowship holders, shall be paid the cash equivalent of leave due on ceasing duty with an employer. In the case of Medical Fellowship holders the cash equivalent of all leave due shall be paid within thirty days of their complying with the terms of their bond.

5.2 Recreation Leave - Senior Medical Officers

(1) Senior Medical Officers (other than a casual employee) are entitled to four (4) weeks Recreation Leave per annum:

Provided that where work is ordinarily required to be performed on public holidays, every Senior Medical Officer so engaged who has completed a full year of employment shall be allowed an additional one (1) week Recreation Leave. The additional week's leave shall be in lieu of extra payment for the work performed on public holidays.

(2) Recreation Leave may be allowed to accumulate for two (2) years.

(3) Except in the case of misconduct, Senior Medical Officers shall be paid the cash equivalent of leave due on ceasing duty.

(4) Payments to a Senior Medical Officer shall not be less than the sum of the following amounts:-

(a) The Medical Officer's ordinary rate of salary as prescribed by this Award for the period of such leave (excluding any penalty rates);

(b)A further amount calculated at the rate of seventeen and one-half per centum of the amount referred to in provision (a) above.

Provided further that the amount referred to in provision (b) of this subclause shall not apply to any period of recreation leave in excess of four (4) weeks accumulated in any one year.

(5)All Senior Medical Officers shall have their Recreation Leave entitlement debited by the number of working days between Christmas Day and New Year's Day inclusive when there is a compulsory closure of Government establishments over the Christmas/New Year period.

5.3 Public Holidays

(1) All work done by any employees during their ordinary shifts on Good Friday, the twenty-fifth day of April (Anzac Day), Christmas Day, New Year's Day, the twenty-sixth day of January, Easter Monday, the Birthday of the Sovereign and Boxing Day, or on any day appointed under the Holidays Act 1983, to be kept in place of any such holiday, shall be paid for at one and a-half times the ordinary rate.

(2) All employees covered by this Award shall be entitled to be paid a full day's wage for Labour Day (the first Monday in May or other day appointed under the Holidays Act 1983, to be kept in place of that holiday) irrespective of the fact that no work may be performed on such day, and if any employee concerned actually works on Labour Day, such employee shall be paid a full day's wage for that day and in addition a payment for the time actually worked by them at one and a-half times the ordinary rates prescribed for such work with a minimum of four hours.

(3) All work done by employees in a district specified from time to time by the Minister by notification published in the Gazette on the day appointed under the Holidays Act 1983, to be kept as a holiday in relation to the annual agricultural, horticultural or industrial show held at the principal city or town, as specified in such notification of such district, shall be paid for at the rate of double time and a-half.

(4) All work done by any employee on Easter Saturday (the day after Good Friday) shall be paid for at the rate of double time and a-half.

(5) For the purpose of these provisions, where the rate of wages is a fortnightly rate "double time and a-half" shall mean one and one-half day's wages in addition to the prescribed rate, or pro rata if there is more or less than one day.

(6) Where an employee is rostered off on Labour Day, Show Day or Easter Saturday they shall be paid an additional day's wage or shall be granted a day's holiday in lieu at a time to be mutually arranged between the employer and the employee concerned or an extra day shall be added to their annual leave for each such day on which they are rostered off:

Provided that in respect to Easter Saturday, this subclause shall not apply to employees who are not ordinarily required to work on week-ends.

(7) Where a public holiday as prescribed by this clause falls upon a Saturday or Sunday and a Resident Medical Officer as part of their ordinary rostered hours is required to work upon such day, calculations of payment shall be made upon the majority of shift basis where the starting and finishing times of such ordinary hours occur on different days.

5.4 Sick Leave

(l) Sick leave shall be at the rate of two weeks on full pay for each year of service, on the conditions prescribed in section 28 "Sick Leave Entitlement" of the Public Service Management and Employment Regulation 1988.

(2) The cases of newly appointed employees shall be considered on their merits on the basis of granting leave up to the prescribed entitlements of the employee to sick leave in respect of the first year of service.

5.5 Long Service Leave

All employees shall be entitled to long service leave under the provisions of section 30 "Long Service Leave Entitlement" of the Public Service Management and Employment Regulation 1988.

5.6 Bereavement Leave

All employees covered by this Award shall be entitled to Bereavement Leave subject to, and in accordance with the provisions of section 32 "Bereavement Leave" of the Public Service Management and Employment Regulation 1988.

5.7 Examination Leave

(1)where an employee sits for an examination for approved additional qualifications, the employee shall be allowed such leave on full pay as is reasonable and necessary:

Provided that a Resident Medical Officer shall always be allowed leave on full pay for each day of an approved examination plus one day prior to the examination.

(2)Additional leave as is necessary may be granted at the discretion of the Regional Health Authority to travel to and from the centre where such examination is being held, having regard to such matters as distances to be travelled, mode and availability of transport.

(3)The granting of all leave under this clause shall not be unreasonably withheld by the employer.

5.8 Family Leave

The provisions of the Family Leave Award - Queensland Public Sector apply to and are deemed to form part of this Award.

It is noted that -

(1) part-time work can be performed by agreement in the circumstances specified in the Family Leave Award - Queensland Public Sector; and

(2) a copy of the Family Leave Award - Queensland Public Sector is required to be displayed in accordance with s.507 of the Industrial Relations Act 1990.

The provisions of this clause will have effect from 2 September 1996.

INTERPRETATION MANUAL for SMOs an RMOs (Qld) Award
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