On Friday 12^th August Fair Work Australia (FWA) approved an application to have significant variations made to our public sector Agreement.. This application followed 3 years of negotiations between the Union, the Department of Health and the VHIA over new classification structures for audiologists, dietitians, scientists, perfusionists, pharmacists and psychologists.

Votes of employees were held in all health services covered by the Agreement. Over 95% voted “YES” for the variations. The revised Agreement will come into effect from the 12 August 2011.

Employers have undertaken to write directly to members who they deem eligible for reclassification under the new Agreement to advise them of their new classification.

The operative date for an upgrade in classification is the first pay period on or after 1 January 2011.

We have been given an undertaking by the VHIA that back payments will be made by 30 September 2011.

Entitlement to an upgrade will be determined by the duties and responsibilities of each employee and how these match the new classification criteria. There may be instances where employers and individual employees disagree. We advise any member who believes they are entitled to an upgrade under the new definitions but who does not receive a letter of confirmation from their employer, to seek an explanation from their employer. If they are not satisfied they should contact the Union for advice. If the employee is subsequently reclassified they will also be entitled to back pay.

Any employee who meets the new criteria but has left their employment after I January 2011, is still entitled to back pay on a pro rata basis.

However the onus will be on them to contact their former employer to seek the payment. Therefore members are asked to bring this to the attention of any former colleagues who may have an entitlement.

Retrospective entitlement to reclassification will also need to be factored into any redundancy payments which may apply.