IN THE TASMANIAN INDUSTRIAL COMMISSION
Industrial Relations Act 1984
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T1633 of 1988
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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
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COMMISSIONER R. J. WATLING
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HOBART, 13 September 1989
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REASONS FOR INTERIM DECISION (No. 3)
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APPEARANCES:
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For the Tasmanian Salaried Medical Practitioners' Society
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- Dr. G. Senator
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For the Minister for Public Administration
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- Mr. C. Shirley
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DATE AND PLACE OF HEARING:
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25 August 1989 Hobart
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On 27 January 1989 I handed down a 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 an agreement negotiated by the parties for the eventual introduction of the 38-hour week in this award.
The outline is as follows:
"Stage 1 - Parties agreed in January or early February 1989 to pursue a reduction in hours of work for junior medical staff from 45 to 43 with a 43 divisor for all purposes, including penalty payments for senior staff.
Stage 2 - Parties agreed in mid August 1989 to pursue a further reduction in hours of work for junior medical staff from 43 to 40 with a 43 divisor to be maintained with respect to Registrars and Residents and a change to the divisor for penalty payments for senior medical staff from 43 to 38.
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.
Stage 4 - Parties agreed in July 1990 divisor for penalty rates for junior medical staff to be reduced to 38."
I went on to say in that decision -
"It will be open to the parties to present further submissions on stages 2, 3 and 4 at a later date, at which time, I would expect there to be additional offsets presented along with the value of each to enable them to be tested against the Principles."
This decision deals with stage 2 of the agreed programme.
The parties presented a package of offsets which included an agreement that -
1. Medical Officers would complete their discharge summaries in their own time;
2. the paid meal breaks for Resident Medical Officers and Registrars would be deleted from the award;
3. Resident Medical Officers to be rostered to take annual leave in the first half of a calendar year; and
4. a maximum of 20 days be added to an employee's annual leave in lieu of overtime payments.
In addition, the parties agreed that the employer would implement the following Administrative Instruction to be read in conjunction with paragraph 2. of Clause 12 - Hours of Work subclause B.
(a) Paid Meal Breaks
In cases where an emergency or approved work requirement commences before 12pm and extends beyond 2pm a meal break will be paid at the rate of ordinary time.
(b) Vacation of Premises
Unless otherwise agreed between the officer and the employer, an officer may leave the hospital premises during the period of the unpaid meal break.
(c) Interruptions During Meal Breaks
The balance of an unpaid meal break may be taken after 2pm if an interruption occurs during the meal break due to an emergency or other approved work requirement.
(d) Coverage of Emergency Situations During Meal Break
The allocation of staff to provide cover in emergency situations will be determined by the hospital in accordance with the normal after hours staffing procedures.
(e) Meal Breaks for Resident Medical Officers
Hospitals will undertake to review the scheduling of work performed by Resident Medical Officers to enable them to take an unpaid meal break between 12pm and 2pm.
(f) Clinical Audits and Peer Review
Where officers are required to participate in clinical audits and/or peer review activities which are scheduled during the period 12pm to 2pm, an unpaid meal break should be scheduled either prior to or at the end of the activity.
I am satisfied that the agreement presented by the parties conforms with the spirit and intent of the Wage Fixing Principles and follows the directions given by me in my earlier decision handed down on 27 January 1989.
That being the case, stage 2 will be implemented from the first full pay period to commence on or after 25 August 1989 and I decide accordingly.
The award will be varied in the manner sought by the parties.
This application will be left open thus enabling the parties to pursue stage 3 of the programme.
ORDER:
The order giving effect to this decision is attached.
R.J. Watling
COMMISSIONER
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