After a series of fruitless discussions we have now made application to Fair Work Australia (FWA) to deal with disputes with Southern Health over the following:

• Failure to pay the on call allowance to a scientist who has been regularly called in after hours
• Failure to pay the Higher Qualifications Allowance to a psychologist
• Failure to pay part-time scientists, psychologists and pharmacists correctly for public holidays on which they are not rostered to work
• Failure to pay Higher Duties payments to a scientist

The MSAV will have scrutineers at the vote count. Due to concerns of members in relation to the integrity of the voting process, we have contacted the company to seek undertakings that none of the covering envelopes will be opened before the count takes place

As previously advised, the proposed “Agreement” has not been agreed with the Union – and under the proposed “Agreement” terms and conditions of employment will be slashed, and the power to appoint to graded positions will be entirely at the discretion of the CEO. The Union has advised members to vote No to the “agreement”.

We have been contacted by a number of members who wanted to vote against the “agreement” but did not received ballot papers in time to vote prior to the close of the ballot. If you also did not receive ballot papers in time – or at all – please contact Peter Gioulekas at our offices.

Remember all employees should have received a ballot paper, including employees on annual leave, sick leave, long service leave, and maternity leave.

• 3 annual 3% wage increases
• Date of first increase: 7 March 2010
• $1400 sign on bonus ($980 for part-timers) to compensate for 12 months without a pay increase
• 10 weeks paid maternity leave and 2 weeks paid partner’s leave

We have seen the proposed ‘agreement’ with technicians now, as well as the proposed scientists’ agreement, and the highly misleading documents which have been circulated by management.

“All core conditions are the equivalent (for all groups). We have added benefits where applicable to each group of employees.” (James Bateman)
We have not found one added benefit for scientists and technicians over an above what are stated to be ‘core conditions’– in fact, what we have is a removal of benefits from scientists and technicians.

“We have given consideration to the views of all representatives” (James Bateman)
In discussions in Fair Work Australia the company’s bargaining agent agreed with the Union that the maternity leave provisions should be amended to provide that paid maternity leave would be available to an employee where the pregnancy results in a still-birth after 20 weeks gestation. This was the only substantive matter over which we reached agreement and yet it has not been included in the so-called “agreements”.

“The Modern Award will be the ‘appropriate award’ within the pathology industry in Australia” (James Bateman)

Wrong. As a matter of law the Health Professionals and Support Services Award (the modern award) only applies where there is no enterprise agreement in place. The company has chosen to take terms and conditions from that award ONLY because they are less favourable than the Private Pathology Award which applies to scientists and technicians at the moment.

FACT: All other major pathology providers in Victoria have stuck with the private pathology award (Melbourne Pathology; Gribbles) or the private sector award (St John of God; Cabrini). Both awards are in similar terms; both are superior to the modern award.

All pathology services in Victoria are affected by the changes brought in by the federal government but only Symbion/SDS/Primary has sought to rip away the entitlements of staff.

The Union’s position The Union’s position has remained the same throughout – that at minimum the rates of pay at Dorevitch and GP should reflect market rates AND terms and conditions should be similar to the rest of the pathology industry in Victoria. We offered to look areas where the terms and conditions at Dorevitch and GP could be said to be superior, in the context of matching market rates. Instead of trying to reach agreement, the company has circulated non-Union ‘agreements’.

SPECIFICS RE TECHNICIANS ‘AGREEMENT’

An analysis of the technicians’ agreement is available on the website. Most of the reductions in conditions of employment which affect scientists also affect technicians, including

• removal of right of access to FWA for the settlement of disputes (the company can veto arbitration);
• reduction in redundancy payments;
• removal of rights in disciplinary procedures;
• significant reduction in sick leave entitlements;
• halving of bereavement leave;
• reduction in additional annual leave entitlements for part-timers working weekends;
• new capacity for company to roster staff on 10 hour shifts; capacity to roster staff 10 days in a row;
• no adjustment in allowances over the life of the agreement;
• new powers for CEO to veto appointment to Technician Grade 2 even if the criteria for promotion are met; The ‘agreement’ trashes the technicians' structure which was negotiated with Dorevitch in 2005. This is has been done without any consultation.

The HSU & MSAV advice to scientists and technicians – and to all Dorevitch and GP staff - VOTE & VOTE NO.

Members have contacted us re flaws in the ballot process. We will be writing to the company to ensure that the ballot is indeed secret and that the Union is present to (a) oversee the marking off of voters’ names (b) oversee the opening & counting of the votes only after the marking off of all votes has occurred.

Contact us if you have any questions.

Management at Dorevitch and Gippsland Pathology have circulated an “Agreement” to scientists, the effect of which will be to create a low wage ghetto in these services AND which will slash the current terms and conditions of employment of scientists.

The Union has NOT agreed to the terms of the EBA. It was unilaterally circulated by management. The most egregious propositions are:

• Rates of pay will be up to $109/fortnight less than the rest of the private pathology industry
• There will be no backpay despite the fact that there has not been a salary increase since 2007
• Personal leave entitlements will be slashed – from 21 days pa to 10 days pa for scientists with more than 4 year’s service
• Access to arbitration of disputes by Fair Work Australia will be removed
• Reduction in redundancy pay
• No adjustment to allowances over the life of the agreement
• Appointment to Grade 2 and Grade 3 positions to require the approval of the CEO
• Access to paid professional development leave can be unreasonably refused
• Reduction in annual leave accruals for part-time scientists who work weekends
• No right to be represented in disciplinary processes
• Part-timers can be rostered on any shift with the right to have fixed hours, days and start/finishing times taken away

Scientist members employed at Dorevitch and Gippsland Pathology must make sure that they vote, and VOTE NO to the proposed agreement, in order to keep their current terms and conditions.

Our Branch is not involved in the merger and our Councilors abstained from the vote.

HSU National President and NSW general secretary Michael Williamson will remain General Secretary of the new super Eastern Branch. Current HSU National Secretary and Victoria No 3 Branch Secretary Kathy Jackson will become the Executive President of Eastern Branch, reporting to Michael Williamson.

Our Branch Councilors asked prior to the vote of National Council whether there had been consultation with the Victorian members who will be affected. National Council was told that there had been workplace meetings of members.

The Union has been sent a copy of a proposed ‘Agreement for Scientists’ by your employer which has been put out for Scientists to review and vote on.

This Agreement has not been negotiated with the Union and is opposed by the MSAV. Please see this MSAV Update for more information (login first).

It is important that you vote and VOTE NO.