Workplace & Legal Advice

Enterprise Bargaining 2017

In November 2016, AMA Victoria served a log of claims for new enterprise bargaining agreements for junior and senior doctors on the Department of Health and Human Services and the Victorian Hospital Industry Association as the representative of the hospitals. During 2015 and 16, we conducted 121 meetings in hospitals across Victoria to consult with medical staff in preparation of the log.

The AMA has undertaken 58 bargaining meetings since November 2016 with the hospital representatives and the DHHS. Members can view the regular updates below as the negotiations progressed. 

We are now pleased to announce agreement has been reached with hospital representatives and the government in settlement of our campaign. The key elements are below. 

The next stage is the finalisation of two new formal Agreements, one for junior doctors and one for specialists. This is expected to occur in January with a ballot undertaken at each hospital soon thereafter. If accepted these two agreements will replace the existing state-wide Agreements. AMA will then move to ensure implementation at each site for members.

To join go to amavic.com.au 

 

Overview of the package 

Specialists win big with 19.1% compounded pay increase 

The cornerstone of this new EBA is the significant increase in wages, 19.1% compounded over 4 years. The first salary increases will be 9% effective from 1 January 2018, which will apply to the base rates and any rolled up or agreed contract remuneration arrangements. There will be a sign-on bonus of $3500 for Senior Medical Staff (prorata for Fractional). Then 3% + 3% + 3% each following year paid on contracted rates of pay.

 

In addition to salary, other important elements of the new EBA for Senior Medical Staff include: 

1. Improvements to ensure the appropriate backfill for doctors on leave, reducing the occurrence of staff shortages. 

2. The increase of the minimum afternoon shift penalty and introduction of night shift penalties: 

- 25% for afternoon shift M-F;

- 75% between midnight and 7am M-Sat;

- 100% penalty on night shifts worked on Sunday. 

3. Improvements and clarifications to existing CME conditions, including: 

- the ability to claim the costs of registration with a relevant Specialty College or Association (in the medical field in which the doctor is credentialed and practising);

- the ability to claim reimbursement for necessary childcare linked to a CME event;

- the ability to claim sabbatical leave expenses. 

4. Improvements to Clinical Support Time by ensuring even spread of time across departments and recognising supervisors with greater than 20% CST will not reduce the average. 

5. Agreement to review rates of pay for full time specialists with the aim of identifying conditions that more accurately reflect actual rates, and a method to move to current paper rates to actual rates in the Agreement. 

6. Including pre-existing local Enterprise Agreement entitlements into the new agreement. 

 

Salary increases: 

 

For further information contact the EBA Update line at eba@amavic.com.au to join go to https://amavic.com.au

 

Junior Doctors win big with 19.1% compounded pay increase 

The cornerstone of this new EBA is the significant increase in wages, 19.1% compounded over 4 years The first salary increases will be 9% effective from 1 January 2018. There will be a sign-on bonus of $2000 for full time Doctors in Training, prorate for part time. A $1000 increase per annum will be made to the CME allowance to compensate for increased training and college fees. Then 3% + 3% + 3% each following year.

 

In addition to salary, other important elements of the new EBA for Doctors in Training include: 

1. Rostered shifts down from 30 hours to a maximum of 16 hours per day. 

2. A 10 hour break between work on one day and the next. 

3. Night shifts to be limited to no more than 7 consecutive days. 

4. Improvements to ensure the appropriate backfill for doctors on leave, reducing the occurrence of staff shortages. 

5. Clarity and improved training time entitlement, and clearer obligations on health services to facilitate the taking of Training Time. 

6. Overtime rates to apply to part timers who are asked to work in excess of contract hours. 

7. Improved parental leave entitlements, including the extension of contracts where parental leave falls within the contract period. 

 

Salary increases: 

 

Once drafting of the Proposed Agreements is complete, the Department of Health and Human Services will submit the proposed Agreements for final Government approval prior to a ballot of employees being undertaken as required by the Fair Work Act. All amendments to current arrangements will be implemented at the earliest possible date. Parties to this Heads of Agreement undertake to meet at the earliest possible opportunity with the view to having a final agreement by 12 January 2018.

For further information contact the EBA Update line at eba@amavic.com.au To join go to https://amavic.com.au 

 

Q & As 

Do sign on bonuses apply to part times doctors? 

Yes. For Doctors in Training the bonus is payable based on $2000/38 x number of part time hours per week (43 hours for registrars). For Fractional specialists, the payment is $3500/35 x fractional allocation. 

Is the “sign on bonus” payable each year? 

No. It is a one-off payment. The government was steadfast in not agreeing to back pay. However, we were able to negotiate a ‘sign on bonus’ which we view as payment in lieu of back pay. It is not repeated. 

Does the sign on bonus apply to people who first start with a hospital after 1 January? 

No. Whilst the detail is still to be finalized, it is expected that the bonus will only be payable to medical staff employed by public hospitals as at 1 January 2018. 

If I have already signed a contract for 2018, do I still get the sign on bonus and pay rise? 

Yes to both. 

If I rotate to anther hospital before payments are made, which hospital owes me the back pay? 

If you rotate to another hospital, the Parent hospital or hospital that employed you directly on 1 January is obliged to pay. So keep in touch. Ensure you are an AMAV member to follow up. 

Does Parental Leave apply from 1 January? 

No, it will apply from the date the Agreement is registered. 

When will we receive our salary increases and sign on bonus? 

This will occur once the two agreements are finalised. There are still a number of steps to progress to finalise all the changes. However pay increases will be paid operative from the first pay period from 1 January 2018. So you will be back paid to this date. 

What are the next steps to finalise all these changes? 

We are aiming for the end of February for a vote and registration of both agreements. During this time we must finalise the two drafts with hospital representatives and the Department of Health and Human Services must submit the drafts for final Government approval. Once approved, a ballot of medical staff will be conducted as required by the Fair Work Act. If a majority of doctors (who vote) vote in favour, the agreements will be submitted to the Fair Work Commission for Approval. The agreements operate once approved. 

Does the Agreement apply to medical staff in all public hospitals in Victoria? 

The agreement applies to all public hospital employed medical staff (paid hourly or weekly) in Victoria. It does not apply to those who are independent contractors (i.e. small rural hospital VMOs) or doctors who are paid ‘fee for service’. 

I am a specialist who already receives an afternoon shift allowance greater than 25%. Am I entitled to this new loading as well? 

No, a number of changes to conditions for specialists (except for salary increases) will not be paid if the specialist is already in receipt of an equal or greater condition. This is in recognition that we are in the process of moving unregulated conditions into the specialist agreement to create state-wide conditions that are protected. 

Is this “catching up” to other states? 

One of our aims was interstate parity. Current agreements interstate have 2% - 2.5% PA wage increases and relatively few changes to employment conditions. This package better positions Victoria in terms of interstate salaries and conditions.

For further information contact the EBA Update line at eba@amavic.com.au To join go to https://amavic.com.au 

 

We need your help 

The more member power we have behind us, the more effective we can be in advocating for your rights. Help with the task of improving working conditions in public hospitals by talking to your non-member colleagues about joining. The next stage is ensuring full implementation of all the agreed outcomes. This requires members at each site keeping us informed of progress. So ensure your colleagues are members. Keep a close eye on your emails for the most up-to-date information regarding your enterprise agreement.

If you have any questions or concerns, please email: eba@amavic.com.au To join go to https://amavic.com.au 

 

Hospital meetings to provide EBA feedback 

AMA Victoria conducted 132 meetings with medical staff in almost all public hospitals to provide feedback on the negotiations for the new enterprise bargaining agreements for junior and senior doctors. 

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