Common use of Fit for Work Clause in Contracts

Fit for Work. (a) The Employer is responsible for providing a workplace that is safe and without risk to health for Employees, so far as is reasonably practicable. (b) Each Employee is responsible for ensuring that they are fit to perform their duties without risk to the safety, health and well-being of themselves and others within the workplace. This responsibility includes compliance with reasonable measures put in place by the Employer and any related occupational health and safety requirements. (c) In the event the Employee’s manager forms a reasonable belief as defined at subclause 63.1(d) below that an Employee may be unfit to perform their duties, the manager will discuss their concerns with the Employee in a timely manner to promote physical, mental and emotional health so that employees can safely undertake and sustain work. (d) In this clause reasonable belief means a belief based on sufficient evidence that supports a conclusion on the balance of probabilities. (e) In this clause treating medical practitioner may, where relevant, also include programs such as the Nursing and Midwifery Health Program Victoria, or a psychologist. (f) The Employer will: (i) take all reasonable steps to give the Employee an opportunity to answer any concerns; (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. (g) Where, after discussion with the Employee, the Employer continues to have a reasonable belief that the Employee is unfit to perform the duties, the Employer may request the Employee’s consent to obtain a report from the Employee’s treating medical practitioner regarding the Employee’s fitness for work. The Employee will advise the Employer of the Employee’s treating medical practitioner, and the Employer will provide to the Employee, in writing, the concerns that form the basis of the reasonable belief to assist and a copy of any correspondence to the Employee’s treating medical practitioner. (h) The Employee will provide a copy of the report to the Employer. (i) The Employer and Employee will meet to discuss any report. (j) If, on receipt of the report, the Employer continues to have a reasonable belief that the Employee is unfit for duty, or the Employee does not provide a report from the treating medical practitioner, the Employer may require the Employee to attend an independent medical practitioner. (k) Where the Employee attends a medical practitioner under either subclauses 63.1(g) or (j) above: (i) the Employee will be provided with a copy of any correspondence sent to the medical practitioner and any resulting report; (ii) the Employer will pay for the cost of the appointment and report. (l) Nothing in this clause prevents an Employer from taking any reasonable step to ensure a safe work environment.

Fit for Work. (a) The Employer Health Service is responsible for providing a workplace that is safe and without risk to health for EmployeesDoctors, so far as is reasonably practicable. (b) Each Employee Doctor is responsible for ensuring that they are fit to perform their duties without risk to the safety, health and well-being of themselves and others within the workplace. This responsibility includes compliance with reasonable measures put in place by the Employer Health Service and any related occupational health and safety requirements. (c) In the event the EmployeeDoctor’s manager Health Service forms a reasonable belief as defined at subclause 63.1(d51.1(d) below that an Employee a Doctor may be unfit to perform their duties, the manager Health Service will discuss their concerns with the Employee Doctor in a timely manner to promote physical, mental and emotional health so that employees Doctors can safely undertake and sustain work. (d) In this clause reasonable belief means a belief based on sufficient evidence that supports a conclusion on the balance of probabilities. (e) In this clause treating medical practitioner may, where relevant, also include programs such as the Nursing and Midwifery Victorian Doctor’s Health Program VictoriaProgram, or a psychologist. (f) The Employer Health Service will: (i) take all reasonable steps to give the Employee Doctor an opportunity to answer any concerns; (ii) recognise the EmployeeDoctor’s right to have a representative, including a Union the Association representative, at any time when meeting with the EmployerHealth Service; (iii) genuinely consider the EmployeeDoctor’s response with a view to promoting physical, mental and emotional health so that employees Doctors 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 Doctor can safely undertake and sustain work. (g) Where, after discussion with the EmployeeDoctor, the Employer Health Service continues to have a reasonable belief that the Employee Doctor is unfit to perform the duties, the Employer Health Service may request the EmployeeDoctor’s consent to obtain a report from the EmployeeDoctor’s treating medical practitioner regarding the EmployeeDoctor’s fitness for work. The Employee Doctor will advise the Employer Health Service of the EmployeeDoctor’s treating medical practitioner, and the Employer will provide to the Employee, in writing, the concerns that form the basis of the reasonable belief to assist and a copy of any correspondence to the Employee’s treating medical practitioner.medical (h) The Employee Doctor will provide a copy of the report to the EmployerHealth Service. (i) The Employer Health Service and Employee Doctor will meet to discuss any report. (j) If, on receipt of the report, the Employer Health Service continues to have a reasonable belief that the Employee Doctor is unfit for duty, or the Employee Doctor does not provide a report from the treating medical practitioner, the Employer Health Service may require the Employee Doctor to attend an independent medical practitioner. (k) Where the Employee Doctor attends a medical practitioner under either subclauses 63.1(g51.1(g) or (j) above, the Health Service will: (i) provide to the Employee will be provided with Doctor a copy of any correspondence sent to the medical practitioner and any resulting report; (ii) the Employer will pay for the cost of the appointment and reportreport where the Doctor provides an invoice from the medical practitioner and evidence of payment. (iii) provide the Doctor with a copy of any medical report it receives on the Doctor’s capacity or fitness for work; (iv) provide the Doctor with paid leave to attend the medical practitioner without deduction from paid leave accruals or entitlements where the appointment occurs at a time the Doctor would ordinarily be rostered to work; and (v) reimburse the Doctor for return travel costs (see clause 40 (Travelling Allowance)) incurred for the distance between the Doctor’s ordinary place of residence and the appointment. (l) Where the Doctor is: (i) directed to attend an appointment at a time the Doctor would not ordinarily be rostered to work; or (ii) the Doctor has no alternative but to attend an appointment at a time the Doctor would not ordinarily be rostered to work; the Doctor will be paid the ordinary rate of pay for reasonable time taken to travel to and from the appointment and the time taken for the appointment. (m) Nothing in this clause 51 prevents an Employer a Health Service from taking any reasonable step to ensure a safe work environmentenvironment in accordance with applicable legislation and this Agreement. (n) The Health Service will respect a Doctor’s privacy and ensure that any personal information provided by the Doctor or a medical practitioner under this clause 51 is kept confidential.

Fit for Work. (a) The Employer is responsible for providing a workplace that is safe and without risk to health for Employees, so far as is reasonably practicable. (b) Each Employee is responsible for ensuring that they are fit to perform their duties without risk to the safety, health and well-being of themselves and others within the workplace. This responsibility includes compliance with reasonable measures put in place by the Employer and any related occupational ooccupational health and safety requirements. (c) In the event the Employee’s manager forms a reasonable belief as defined at subclause 63.1(d55.1(d) below that an Employee may be unfit to perform their duties, the manager will discuss their concerns with the Employee in a timely manner to promote physical, mental and emotional health so that employees can safely undertake and sustain work. (d) In this clause reasonable belief means a belief based on sufficient evidence that supports a conclusion on the balance of probabilities. (e) In this clause treating medical practitioner may, where relevant, also include programs such as the Nursing and Midwifery Health Program Victoria, or a psychologist. (f) The Employer will: (i) take all reasonable steps to give the Employee an opportunity to answer any concerns; (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. (g) Where, after discussion with the Employee, the Employer continues to have a reasonable belief that the Employee is unfit to perform the duties, the Employer may request the Employee’s consent to obtain a report from the Employee’s treating medical practitioner regarding the Employee’s fitness for work. The Employee will advise the Employer of the Employee’s treating medical practitioner, and the Employer will provide to the Employee, in writing, the concerns that form the basis of the reasonable belief to assist and a copy of any correspondence to the Employee’s treating medical practitioner. (h) The Employee will provide a copy of the report to the Employer. (i) The Employer and Employee will meet to discuss any report. (j) If, on receipt of the report, the Employer continues to have a reasonable belief that the Employee is unfit for duty, or the Employee does not provide a report from the treating medical practitioner, the Employer may require the Employee to attend an independent medical practitioner. (k) Where the Employee attends a medical practitioner under either subclauses 63.1(g55.1(g) or (j55.1(j) above: (i) the Employee will be provided with a copy of any correspondence sent to the medical practitioner and any resulting report; (ii) the Employer will pay for the cost of the appointment and report. (l) Nothing in this clause prevents an Employer from taking any reasonable step to ensure a safe work environment.

Fit for Work. (a) The Employer Health Service is responsible for providing a workplace that is safe and without risk to health for EmployeesDoctors, so far as is reasonably practicable. (b) Each Employee Doctor is responsible for ensuring that they are fit to perform their duties without risk to the safety, health and well-being of themselves and others within the workplace. This responsibility includes compliance with reasonable measures put in place by the Employer Health Service and any related occupational health and safety requirements. (c) In the event the EmployeeDoctor’s manager Employer forms a reasonable belief as defined at subclause 63.1(d(d) below that an Employee a Doctor may be unfit to perform their duties, the manager Health Service will discuss their concerns with the Employee Doctor in a timely manner to promote physical, mental and emotional health so that employees can safely undertake and sustain work. (d) In this clause reasonable belief means a belief based on sufficient evidence that supports a conclusion on the balance of probabilities. (e) In this clause treating medical practitioner may, where relevant, also include programs such as the Nursing and Midwifery Victorian Doctor’s Health Program VictoriaProgram, or a psychologist. (f) The Employer Health Service will: (i) take all reasonable steps to give the Employee Doctor an opportunity to answer any concerns; (ii) recognise the EmployeeDoctor’s right to have a representative, including a Union an Association representative, at any time when meeting with the Employer; (iii) genuinely consider the EmployeeDoctor’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 Doctor can safely undertake and sustain work. (g) Where, after discussion with the EmployeeDoctor, the Employer Health Service continues to have a reasonable belief that the Employee Doctor is unfit to perform the duties, the Employer Health Service may request the EmployeeDoctor’s consent to obtain a report from the EmployeeDoctor’s treating medical practitioner regarding the EmployeeDoctor’s fitness for work. The Employee Doctor will advise the Employer Health Service of the EmployeeDoctor’s treating medical practitioner, and the Employer Health Service will provide to the EmployeeDoctor, in writing, the concerns that form the basis of the reasonable belief to assist and a copy of any correspondence to the EmployeeDoctor’s treating medical practitioner. (h) The Employee Doctor will provide a copy of the report to the EmployerHealth Service. (i) The Employer Health Service and Employee Doctor will meet to discuss any report. (j) If, on receipt of the report, the Employer Health Service continues to have a reasonable belief that the Employee Doctor is unfit for duty, or the Employee Doctor does not provide a report from the treating medical practitioner, the Employer Health Service may require the Employee Doctor to attend an independent medical practitioner. (k) Where the Employee Doctor attends a medical practitioner under either subclauses 63.1(g62.1(g) or (j) above: (i) the Employee will be provided with a copy of any correspondence sent to the medical practitioner and any resulting report; (ii) the Employer will pay for the cost of the appointment and report. (l) Nothing in this clause prevents an Employer from taking any reasonable step to ensure a safe work environment.or

Fit for Work. (a) The Employer is responsible for providing a workplace that is safe and without risk to health for Employees, so far as is reasonably practicable. (b) Each Employee is responsible for ensuring that they are fit to perform their duties without risk to the safety, health and well-being of themselves and others within the workplace. This responsibility includes compliance with reasonable measures put in place by the Employer and any related occupational health and safety requirements. (c) In the event the Employee’s manager forms a reasonable belief as defined at subclause 63.1(d45.1(d) below that an Employee may be unfit to perform their duties, the manager will discuss their concerns with the Employee in a timely manner to promote physical, mental and emotional health so that employees can safely undertake and sustain work. (d) In this clause reasonable belief means a belief based on sufficient evidence that supports a conclusion on the balance of probabilities. (e) In this clause treating medical practitioner may, where relevant, also may include programs such as the Nursing and Midwifery Health Program Victoria, or a psychologist. (f) The Employer will: (i) take all reasonable steps to give the Employee an opportunity to answer any concerns; (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. (g) Where, after discussion with the Employee, the Employer continues to have a reasonable belief that the Employee is unfit to perform the duties, the Employer may request the Employee’s consent to obtain a report from the Employee’s treating medical practitioner regarding the Employee’s fitness for work. The Employee will advise the Employer of the Employee’s treating medical practitioner, and the Employer will provide to the Employee, in writing, the concerns that form the basis of the reasonable belief to assist and a copy of any correspondence to the Employee’s treating medical practitioner. (h) The Employee will provide a copy of the report to the Employer. (i) The Employer and Employee will meet to discuss any report. (j) If, on receipt of the report, the Employer continues to have a reasonable belief that the Employee is unfit for duty, or the Employee does not provide a report from the treating medical practitioner, the Employer may require the Employee to attend an independent medical practitioner. (k) Where the Employee attends a medical practitioner under either subclauses 63.1(g) or (j) above: (i) the Employee will be provided with a copy of any correspondence sent to the medical practitioner and any resulting report; (ii) the Employer will pay for the cost of the appointment and report. (l) Nothing in this clause prevents an Employer from taking any reasonable step to ensure a safe work environment.