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T1633 - 12 December

 

IN THE TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984

 

T1633 of 1988

IN THE MATTER OF AN APPLICATION BY THE TASMANIAN SALARIED MEDICAL PRACTITIONERS' SOCIETY TO VARY THE MEDICAL PRACTITIONERS (PUBLIC SECTOR) AWARD

RE: HOURS OF WORK

   

COMMISSIONER R. J. WATLING

HOBART, 12 December 1989

   

REASONS FOR INTERIM DECISION (No. 4)

   

APPEARANCES:

 

For the Tasmanian Salaried Medical Practitioners' Society

- Dr. G. Senator

   

For the Minister for Public Administration

- Mr. C. Shirley with
  Mr P. Martin

   

DATE AND PLACE OF HEARING:

 

29 November 1989  Hobart

 

On 13 September 1989 I handed down an interim decision relating to the ordinary hours of work for employees falling within the 'Scope' of the Medical Practitioners (Public Sector) Award.

In that decision, I outlined the agreement negotiated by the parties for the eventual introduction of the 38-hour week in this award.

This hearing today deals with Stage 3 of that agreed programme, that is:

"Stage 3 - Parties agreed on 1 January 1990 to pursue a further reduction of hours of work for junior medical staff from 40 to 38 and divisor for penalty payments for junior medical staff at that time being reduced to 40."

The parties presented a package of offsets going to:

1. Weekly Hours Calculation

The calculation of an officer's weekly salary to a fortnight where that officer has a deficit of ordinary hours in the first week. This offset applies to medical practitioners working in the Intensive Care Unit, Paediatric Unit and Department of Emergency Medicine.

2. Inability to Attend for Duty

The parties are agreed that the following will apply where Interns, Resident Medical Officers and Registrars rostered for duty outside the normal working time and who cannot attend for duty due to sickness.

(a) in the event that the vacated shift must be covered at short notice there will be no additional payment to the relieving officer save and except the normal award shift penalty and the higher or extra duty allowance where applicable;

(b) in the event that an officer is unable to work a rostered shift and he/she has arranged for a replacement the change must be notified to the hospital in writing as soon as practicable; and

(c) in ALL CASES the payment for the vacated shift worked will only attract the rate prescribed by the award for that shift with no additional penalty being paid.

3. Surgical and Medical Interns 'On Call' Roster

Delete the requirement that surgical and medical interns employed at the Royal Hobart Hospital be required to work to an `on call' roster between the hours of 12am and Sam daily.

These offsets will be issued as an administrative instruction and shall be read in conjunction with the Salaried Medical Practitioners' Conditions of Employment Agreement 1988 and the Medical Practitioners (Public Sector) Award.

The negotiated package of offsets for the introduction of Stage 3 of the agreed programme to reduce ordinary hours in this award fulfills the spirit and intent of the Wage Fixation Principles, and as such, will be endorsed by the Commission along with the agreed operative date of the first full pay period to commence on or after 1 January 1990.

The necessary amendment to the award giving effect to this decision is attached and incorporates the order giving effect to the State Wage Case decision which was operative from the first full pay period to commence on or after 23 November 1989.

 

R.J. Watling
COMMISSIONER