For the first time, we have to negotiate a separate agreement for community health services. This new agreement will only apply to CHSs which are run by independent boards. Those which are part of a public hospital network will continue to be covered by the public sector agreement.

We have ensured however that community health services will retain parity of salaries and conditions with the public sector and that future negotiations will occur jointly with those in the public sector.

The parties have therefore agreed that this new agreement will “mirror” the public sector agreement; only clauses and classifications which don’t apply to community health services will be deleted or changed. Protracted negotiations should therefore not be necessary and we are hopeful of a speedy outcome.

We provided the VHIA with a summary document on 23 April 2013 and are still waiting for a response.

Ramsay Health, which operates the Mildura Hospital, is proposing to outsource the Pharmacy to a Ramsay national pharmacy service. This proposal is based on Ramsay’s claim that the Mildura pharmacy is 78% more expensive to operate than hospitals it ‘benchmarked’ against, which included a small private hospital and a WA hospital that has contracted the pharmacy department to a retail chemist chain. When asked to provide evidence to support what is clearly a wild claim about cost comparisons, management reluctantly agreed to provide the financial data it has relied upon. The union will very carefully review this information.

Incidentally, the proposal involves a claim by management that the public health agreement currently applying to staff would change to an “Industry Award”. When questioned about which actual Award is being proposed management had to admit that they didn’t know! Needless to say that the Union will oppose any attempt to change the agreement setting employment terms and conditions for pharmacists, especially to an agreement or award which would reduce them.

The MSAV took the Blood Service to Fair Work last week in an effort to restart EBA negotiations.

The application was aimed at getting clear written responses from the Blood Service about a range of issues still standing in the way of a new agreement.

We were keen to get the Commission involved to help facilitate discussions and help overcome the hostility that has marked discussions this year.

Our application was successful and the first conference will occur in the presence of new Fair Work Commissioner Johns at 2pm next Monday.

This week we look at your right to privacy regarding your medical condition

Is my employer entitled to ask for details of my medical condition when I am absent on personal sick leave or after I return to work?

The short answer is NO, nor is the employer entitled to ask for any further information from your treating practitioner without your express consent. You have the right to keep details of your medical condition confidential – and this includes confidentiality around the medical condition of relatives and members of your household when you take carer’s leave. We are aware that some managers do ask inappropriate questions – often because they feel under pressure to ‘manage’ sick leave. The best way to answer is to inform them that you have a right to privacy in relation to personal medical information. If you need assistance, contact the Union.

Note: Different considerations apply where you have suffered a workplace injury and are seeking or receiving workers’ compensation payments.

Have any questions? Shoot us an email at This e-mail address is being protected from spambots. You need JavaScript enabled to view it with your query.

Your Rights in Brief is written by Jennie Bremner, an experienced advocate and Senior Industrial Officer.

Pathology members at the Royal Children’s Hospital have successfully fought off a proposal to reduce staffing in the core lab at the Royal Women’s Hospital.

Staff and the MSAV were advised some weeks ago of a need to reduce staffing levels in the core lab at the Women’s by 5 FTEs.  The RCH has been providing pathology services to the Women’s Hospital on a contract basis since the disamalgamation of the Women’s and Children’s Health Care Network in 2000.

After a process that included a Monday afternoon trip to Fair Work, job reps and members involved in the dispute were able to identify unfilled positions such that, in the end, there were no cuts in current staffing levels. One scientist will relocate to the Children’s Hospital and a new roster is being implemented in the core laboratory at the Women’s to ensure that a cost-effective quality pathology service continues to be provided to patients there.

Congratulations in particular go to the excellent work done by job reps Eileen Kelly and Craig Dickinson.

We’re extremely excited to deliver our brand new column – Your Rights in Brief. It’s dedicated to informing you about your rights at work. Whether you’re in the private or public sector this new column is for you!

This week we look at: Disciplinary Procedures

The new public sector agreement has amended disciplinary procedures, which strengthen your rights. Under the new arrangements:

·  The employer has an option to counsel you before giving a first warning.
·  All first warnings must be written so there is a clear record of what occurred and why.
·  If you have been counselled or given a first warning you must now be provided by the employer with strategies and guidelines to help you meet the required standards of work performance.
·  There is a new provision which allows the employer to give a final warning as an alternative to dismissal for wilful and deliberate misconduct.

Members who are subject to these procedures are entitled to union representation at all interviews or meetings conducted by or on behalf of the employer.

Are you facing disciplinary action? Get representation and contact your union at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

Your Rights in Brief is written by Jennie Bremner, an experienced advocate and Senior Industrial Officer.

The next professional development seminar for VPA members will be held from 1:00pm - 4:15pm, Wednesday 22 May 2013 at the Treacy Centre in Parkville.

Presenter:

Professor David Forbes, Director of the Australian Centre for Posttraumatic Mental Health (ACPMH).

Topic:

PTSD - Phenomenology and Treatment

A light lunch will be available between 12:30 and 1:00pm.

Places are limited so register now to ensure your place.

Free to financial members of the VPA Inc.

The union is conducting a survey of members at Melbourne Pathology. The results of this survey, in addition to meetings that will soon be scheduled, will help the union to create a log of claims.

The survey is a valuable opportunity to let your union know what is important and what you would like from a renewed EBA.

Access the survey here.

The closing date for survey is Friday 19th April 2013.

If you have any issues or additional comments regarding the survey please call Veronica Belot on 9623 9623.

Recently we were surprised to learn from members that the Royal Children’s Hospital had begun a review of its Integrated Mental Health Program. In official exchanges it became clear management would be undertaking organisation changes but had failed to notify the VPA. And the union isn’t being consulted in apparent deliberations management are having over the review.

RCH management has agreed to consult with the VPA as soon as it has made a definite decision to implement change. However changes in some programs are already occurring, and a VPA members’ meeting has been convened for next Wednesday to discuss.

After recent media attention on superannuation, you’d be forgiven for wondering what’s going with superannuation. So here we provide you a brief outline of what’s actually happening.

Former Treasurer Peter Costello made withdrawals from super after age 60 tax free in 2007, and “simplified” the rules around super. This was always going to result in a future government having to rein-in the tax breaks which these changes provided to very high income individuals.

The federal labor government has announced that it intends to lower the tax breaks for some people with high superannuation balances,  in the retirement phase. Rather introducing a tax on withdrawals/pensions, the government has increased the tax on part of the earnings of funds in the pension phase.

The government is foreshadowing that the tax rates on earnings above $100,000 per year in someone’s superannuation account from which they are drawing a pension  will be taxed. For the fund to earn more than $100,000 per year a person would need to have around $2 million plus in their super account.

This is likely to affect a very small number of people with very high super balances and will make the system more equitable.

Nobody is going to be stopped from saving their superannuation for retirement.

Note that government has legislated to increase the employer contribution to your superannuation from 9% to 9.5% on 1 July 2013, rising over time to 12%. This will benefit all working people. (Note that the opposition’s policy is to take these increases in employer contributions away).

You should seek financial advice from your superannuation fund or financial advisor if you have any questions about your superannuation.