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JOB REPRESENTATIVES TRAINING 2010 |
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A 2 -day training course for MSAV, VPA and AHP Job Representatives will be held at our offices in Trades Hall in May 2010.
The 2 days will be held a week apart. The focus will be on dispute resolution and negotiation at the workplace.
The dates are:
Wednesday 19 May 2010 (all day) Wednesday 26 May 2010 (all day)
Please contact the office for an application form or download a form from the website.
Paid leave is available for members in the public sector and under some private sector agreements. We advise members to apply for leave as soon as possible.
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ANNA STEWART PROJECT 2010 |
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Designed to increase women’s participation in the trade union movement, the Anna Stewart Project is run by Trades Hall over 2 consecutive weeks in May and October. Participants from a diverse range of unions are provided with opportunities to learn about the union movement and the IR system through placements in their own union, and through group experiences.
A number of current committee members of the MSAV and the VPA have participated in the Project.
Applications are open for the next Project. Dates: Monday 3 May 2010 – Friday 14 May 2010
Paid leave is available in the public sector.
Please contact the office asap if you are interested in participating. For more information go to: Victorian Trades Hall
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EASTER HOLIDAYS ENTITLEMENTS 2010 |
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Good Friday, Easter Saturday, Easter Monday are public holidays under our enterprise agreements. Your public holiday entitlements are as follows:
Public and Private Sector Enterprise Agreements
- All staff rostered for ordinary duty on a public holiday are entitled be paid for the time worked with a minimum of four hours wages at the rate of time and a half in addition to their normal weekly wage. (Time off in lieu at the penalty rate with a minimum of six hours time off may be taken by agreement, as well as payment for the day). If an employee is entitled to a full working day off, this may be added to annual leave by mutual consent.
- Full time shift employees rostered off on a public holiday (i.e. those who are normally rostered over a seven day cycle where a public holiday falls on any day when they are not rostered for duty) are entitled to the normal weekly wage plus one and a half days pay (or one and a half days time in lieu) for the public holiday.
- Full time Monday to Friday staff who do not work on Saturdays are entitled to one day’s pay or, by consent, a day in lieu for Easter Saturday or have a day added to annual leave.
- Full time staff where a public holiday falls on a day on which they normally work but they are not required to work. – are entitled to one day’s pay i.e. are paid for the public holiday.
- Part time staff where a public holiday falls on a day on which they normally work but they are not required to work. – are entitled to one day’s pay at the number of hours that they normally are rostered on that day. This includes Easter Saturday.
Private Sector Enterprise Agreements Only
- Part-time staff who work Monday to Friday are entitled to one day’s pay or, by consent, a day in lieu for Easter Saturday or a day added to annual leave.
- Depending in the particular EBA, part-time staff who work rotating rosters may receive payment for a public holiday based on the frequency on which they are rostered on that particular day of the week.
Public sector only
- Part-time staff where a public holiday falls on a day when they are not rostered to work – are entitled to a pro-rata payment based on average hours worked for the previous 6 months as a proportion of 38, at ordinary time. This applies whether or not the staff member ever works on this day of the week. Please note that this applies to Easter Saturday - see below.
Easter Saturday Entitlement - Public Sector, Monday - Friday Part-Time Workers
All part-time members who normally (or always) work ordinary hours between Monday and Friday must receive a pro rata payment for Easter Saturday at the rate of ordinary time. The same applies to part-timers who work Sundays but not Saturdays.
This payment is due even if the part-time member never works on Saturdays and is regardless of whether all days Monday-Friday is worked or only some days.
The pro rata entitlement for part-timers applies to all public holidays and also applies to Good Friday for part-timers who do not work on Fridays and to Easter Monday to part-timers who do not work on Mondays.
Recall to duty – public holiday
An employee recalled to duty on a public holiday is entitled to be paid at time and a half with a minimum of 2 hours pay /3 hours pay (depending on the relevant EBA) in addition to being paid for the day.
No EBA with Employer?
Where there is no enterprise agreement in place at your workplace, there may be no entitlement to the Easter Saturday public holiday. If this applies to you, please contact the office. |
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MSAV AND VPA AND AHP OFFICE HOURS EASTER 2010 |
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The office will be closed on Friday 2 April (Good Friday), Monday 5 and Tuesday 6 April 2010.
(Staff will be taking an ADO on Tuesday 6 April 2010.)
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MONDAY TO FRIDAY WORKERS IN THE PUBLIC SECTOR ARE ENTITLED TO AN ADDITIONAL DAY AND ONE HALF’S PAY FOR BOXING DAY 26 DECEMBER 2009
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
Please contact the office if your employer does not confirm that it will pay you as per Bulletin 1559.
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Easter and Anzac Day – 2010 |
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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.
As has been usual practice, we will send out a separate Stat Report with full details of your public holiday entitlements over Easter. |
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Are you the mystery member? |
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We have been receiving a direct debit payment of $10.00 per fortnight from a MSAV member. However the member number reference is not correct – so we do not know who has been making the payment.
If you are the ‘mystery member’ please contact Lan on 9623 9623 or
This e-mail address is being protected from spambots. You need JavaScript enabled to view it
so that we can credit your member account.
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Transmission of Business - PathLab to Dorevitch Pathology |
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.
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Read more...
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CEO Refuses to Intervene re the Appointment of a Naturopath at Southern Health |
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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:
“Great to see MSAV taking on the witchdoctors, who purport to have a practice equivalent to ours. Wishful thinking doesn't make something so. Science makes it so. To quote Tim Minchin, in his poem about the tenets of homeopathy "Water [supposedly] has memory and while its memory of a long-lost drop of onion juice is infinite, it somehow forgets all the poo it's had in it" (Tim Minchin: "Storm".) "Alternative therapies" are an insult to science by claiming equivalence of their fairy stories to our years of laborious research.” http://podblack.com/2009/01/tim-minchins-storm-now-featured-online |
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PATHLAB TAKE OVER BY DOREVITCH PATHOLOGY |
| 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. There will be a meeting of PathLab scientists at 3.30 pm on Monday 22 February at the Burwood laboratory to discuss transmission of business issues. Members with individual concerns should contact Terry O’Loughlin at our offices. |
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PATHLAB TAKE OVER BY DOREVITCH PATHOLOGY - CONSULTATION WITH MANAGEMENT OF PATHLAB |
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.
Consultation is not an optional matter but an enforceable requirement. We therefore expect to meet with PathLab management next week.
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