This is the text of Item 8 in the VHIA Bulletin 1559, 2 March 2010:

“8. BOXING DAY HSUA 4, MEDICAL SCIENTISTS, PSYCHOLOGISTS, PHARMACISTS

Further to bulletins 1533 and 1547 in relation to the additional Boxing Day in 2009, we have had queries from members about the interaction of the additional day for Monday to Friday Workers covered by the HSUA 4.  Bulletins 1533 and 1547 reiterated that both public holidays applied to employees and would attract a benefit.

Monday to Friday full time workers - given the particular arrangements with Boxing Day 2009 being an additional day - staff covered by the HSUA 4 Agreement / Award would be entitled to a benefit for both days in the following circumstances:

• If they worked on 28 December they should have received the applicable penalties; or
• if they took the day off ie they were not required to work on Monday 28th then they should have received a days pay;
• Such staff that did not work on that Saturday (26 December) should have also received the usual rostered off penalty or time off in lieu as prescribed by the award.”

The ‘rostered off’ penalty for the Boxing Day holiday Saturday 26 December 20009 is as follows:

One and a half day’s pay in addition to the weekly wage or one and a half day’s time off at a time convenient to the employer without loss of pay in lieu thereof.

We recommend that if you are a full-time Monday to Friday worker in the public sector and have not been paid the additional one and a half days pay or taken the equivalent time off on pay, you should now

(a) take the issue up with your immediate manager
(b) contact the pay office or human resources department and advise them of Item 8 in VHIA Bulletin  1559
(c) decide whether you want one and a half day’s pay or the equivalent time off on pay
(d) remind your co-workers that they should thank the Union for persisting in following up the matter with the VHIA

Good Friday falls on 2 April 2010. Good Friday and Easter Monday (5 April 2010) are both public holidays (as is this coming Monday, 8 March 2010 which is Labour Day).

Easter Saturday is a holiday under all of our EBAs, in both the public and the private sector.

It is not a holiday for members covered by the new modern award, the Health Professionals and Support Services Award 2010. Note that the new modern award only applies if there is no enterprise agreement in place with your employer.

Anzac Day A substitute holiday has been declared for Monday 26 April 2010. No penalties apply on Sunday 25 April 2010, which is Anzac Day.

Dorevitch wanted to pay scientists less than the EBA rate of pay in a breach of its legal obligations 

Last week we had discussions with management of Dorevitch Pathology about transmission of business issues involving members transferring from PathLab to Dorevitch.

Dorevitch wanted to pay all transferring employees under the minimum rates modern award (the Health Professionals and Support Services Award 2010) instead of under the Mayne Health Dorevitch Pathology Enterprise Agreement.

For a Grade 1 Year 7 scientist that was more than $200 per week less than they are entitled to under the EBA.

Yes, that’s right – management at Dorevitch wanted to pay new employees less than existing employees for doing exactly the same work. Members at PathLab were only given their proposed Position Descriptions after they signed the offer of employment. The PDs turn out to be the generic PDs that apply to scientists at Dorevitch.

We have written to the CEO of Southern Health, Shelly Park, about our concerns regarding the appointment of a naturopath at Moorabbin Endometriosis Clinic. Ms Park is unconcerned that there is no evidence base for naturopathy, & that there is no evidence that its prescriptions are safe. Indeed, she suggests that naturopathy is actually a discipline! We are amazed that public money can be spent on unproved and possibly unsafe interventions when we can’t get vacant positions filled at Southern Health. To quote a member:

MEMBER ALERT DO NOT SIGN LETTER OF OFFER

We have been contacted by PathLab members concerned about their entitlements when PathLab is taken over by Symbion Health Ltd/Dorevitch Pathology.

We understand that the date of transmission of business is 1 March 2010.

Members have advised the MSAV that they have received letters of offer from Dorevitch at rates of pay which are significantly below the mandated rates of pay in the Dorevitch EBA. In addition, no position descriptions have been provided by Dorevitch to the scientists concerned.

We advise members employed at PathLab not to sign any offers of employment with Dorevitch Pathology until these matters are resolved.

It is our view that it is not legally possible to contract out of the terms and conditions and rates of pay of the Dorevitch EBA.

We have contacted management of PathLab to arrange a meeting to discuss the transmission of business issues which arise in relation to the takeover by Symbion Health Ltd/Dorevitch. The provision of information to employees and their representatives is required under the award. We will take the matter to Fair Work Australia if management fails to provide the information or meet with the MSAV.

Negotiations continue under the auspices of Fair Work Australia, with the next meeting scheduled on Thursday 11 March 2010. Meanwhile Primary Health has released its half year results which show a 105% increase in profits across Primary Health and an increase in margins and earnings in pathology. Specifically margins increased in pathology from 17.3% to 20.2%, further evidence that Dorevitch and GP are capable of paying market rates to scientists.

In an extraordinary move, Southern Health advertised a naturopath position in the Endometriosis Clinic at Moorabbin Hospital. Only internal applicants were considered. Applications closed on 15 February and an appointment has already been made. Of great concern is that treatment modalities may include nutrients, dietary homeopathic or other therapies, and the person is required to ‘support women with nutritional advice before and after surgery’.

The position description refers to a ‘Licensed Naturopath’ but we are not sure what this actually means. It appears to be a term which is used in North America.

Leaving aside the question of evidence based practice in relation to the use of naturopathy and homeopathy in acute hospitals, clearly the scope of practice of the position cuts across that of dietitians.

The Union has not been consulted in relation to the appointment, or about the implications for dietetics and for pharmacy services. We understand that there has not been any consultation with pharmacists or dietitians either.

Full Time Staff – Public Sector 

We confirm again that the VHIA agrees with the Union that members who work full-time Monday to Friday in the public sector are entitled to payment for a day and a half in respect to Boxing Day 26 December 2009.

If you have not been paid correctly please advise your pay office and HR department that this situation is covered in VHIA Bulletin 1024.