Common use of Addressing concerns about Fitness for Work Clause in Contracts

Addressing concerns about Fitness for Work. (a) In the event the Employee’s manager forms a reasonable belief that an Employee may be unfit to perform their duties, the Employer will act in a timely manner to promote physical, mental and emotional health so that Employees can safely undertake and sustain work. (b) In this clause reasonable belief means a belief based on sufficient evidence that supports a conclusion on the balance of probabilities. Nothing in this clause permits an Employer to act contrary to the Health Records Act 2001 (Vic). (c) In this clause treating medical practitioner may, where relevant, also include programs such as Union and/or Construction Industry Physical and Mental Wellbeing programs, or a psychologist. (d) The Employer will: (i) take all reasonable steps to give the Employee an opportunity to answer any concerns which are the subject of the reasonable belief; (ii) recognise the Employee’s right to have a representative, including a Union representative, at any time when meeting with the Employer; (iii) genuinely consider the Employee’s response with a view to promoting physical, mental and emotional health so that Employees can safely undertake and sustain work; and (iv) take these responses into account in considering whether reasonable adjustments can be made in order that the Employee can safely undertake and sustain work.

Addressing concerns about Fitness for Work. (a) In the event the Employee’s 's manager forms a reasonable belief (as defined at subclause 63.2(b) below) that an Employee may be unfit to perform their duties, the Employer will act in a timely manner to promote physical, mental and emotional health so that Employees employees can safely undertake and sustain work. (b) In this clause reasonable belief means a belief based on sufficient evidence that supports a conclusion on the balance of probabilities. Nothing in this clause 63 permits an Employer to act contrary to the Health Records Act 2001 (Vic). (c) In this clause treating medical practitioner may, where relevant, also include programs such as Union and/or Construction Industry Physical the Nursing and Mental Wellbeing programsMidwifery Health Program Victoria, or a psychologist. (d) The Employer will: (i) take all reasonable steps to give the Employee an opportunity to answer any concerns which are the subject of the reasonable belief; (ii) recognise the Employee’s 's right to have a representative, including a Union representative, at any time when meeting with the Employer; (iii) genuinely consider the Employee’s 's response with a view to promoting physical, mental and emotional health so that Employees can safely undertake and sustain work; and (iv) take these responses into account in considering whether reasonable adjustments can be made in order that the Employee can safely undertake and sustain work.