MSAV + VPA +AHP News
| Transmission of Business - PathLab to Dorevitch Pathology |
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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.
Under the Fair Work Act the terms of an enterprise agreement prevail over the terms of a modern award.
We find it hard to believe that any employer in 2010 would (a) attempt to circumvent their legal obligations in this way and (b) think it is acceptable to exploit employees by paying new starters less than existing employees. But then, this is Dorevitch’s new direction. The Union made application to Fair Work Australia for an order that the Mayne Health Dorevitch Pathology Enterprise Agreement 2004 would apply to all employees transferring from PathLab to Dorevitch Pathology. The matter went to hearing on Friday. Fortunately Dorevitch finally sought legal advice and was represented by a barrister. As a result, Dorevitch has conceded that transferring employees will be covered by the Dorevitch EBA. In a most cruel act, Dorevitch made offers to PathLab employees last week. Members accepted on the understanding that they would have a job at Dorevitch, yet for most this was never going to be the case. On Monday 1 March 2010, the same day as the PathLab business transmitted to Dorevitch, Dorevitch made around 40 scientists who had transferred to its employment redundant. Fortunately for the redundant members, the MSAV ensured that at least they were paid their redundancy payments at the higher rates of pay under the terms of the Dorevitch Agreement, and greater entitlements re weeks of redundancy pay. Dorevitch has been planning to pay redundancies at a lower rate – which would have been a breach of its legal obligations - before the Union got involved. On another matter related to the transmission, Dorevitch has refused to offer assistance to scientists adversely affected by the change in the location of work. PathLab’s scientific work will be moving from Burwood to the Heidelberg laboratory. We think about 12 scientists from PathLab have actually been employed by Dorevitch, but the company is refusing to tell us the actual numbers.
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