Common use of Hours of Work – Senior Medical Officers Clause in Contracts

Hours of Work – Senior Medical Officers. 11.3.1 The ordinary hours of work for SMOs are 80 hours per fortnight, or for a part time SMO the hours the employee is engaged to work in accordance with Clause 8.5 (a) of the Award. 11.3.2 Unless otherwise provided in this clause ordinary hours will be worked between 07:00 and 18:00 Monday to Friday. 11.3.3 For SMOs who have agreed to work an extended hours roster in accordance with Clause 11.5 ordinary hours will be worked at times and on days as dictated by the employee’s extended hours roster. 11.3.4 Clauses 11.3, 11.5, 11.13, 11.15, 11.16, 11.17, 11.18.3, 11.18.4, 11.18.5, 11.8.6, 11.20, 11.25, 11.26, and 11.32 do not apply to MSPP/MOPPs. To be clear clauses from MOCA5 that do not apply to MSPP/MOPPs include the following: • Clause 11.3 – Hours of Work – SMOs; • Clause 11.5 - Extended Span of Ordinary Hours to Meet Clinical Need – SMOs; • Clause 11.13 - Overtime Senior Medical Officers; • Clause 11.15 - Payment of Penalties Paid as Worked – SMOs; • Clause 11.16 and 11.17 – Public Holidays – SMOs; • Clause 11.18.3 – On call – SMOs; • Clause 11.18.4 – Digital Recall • Clause 11.18.5 – Physical Recall • Clause 11.18.6 – Digital Recall with Physical Recall • Clause 11.20 – Clinical Support Time; • Clause 11.25 - Attraction and Retention Incentive Allowance – SMOs; • Clause 11.26 - Rostering; and • Clause 11.32 -Granted Private Practice Agreement. 11.3.5 Ordinary rate means the wage rate outlined in Schedule 1. 11.3.6 The ordinary hours of work may be performed on one of the following bases, most suitable to the particular work location, after consultation with, and giving reasonable consideration to, the circumstances of the employee concerned: (a) By officers working 8 continuous Ordinary Hours (excluding the meal break) each day; or (b) By officers working between 4 and 8 continuous Ordinary Hours (excluding the meal break) each day on one or more days each work cycle; or (c) By officers working more than 8 continuous Ordinary Hours (excluding the meal break). In a consultative process, individual officers may agree that their Ordinary Hours are to exceed 8 on any one day thus enabling standard Ordinary Hours to be completed in fewer rostered days in the work cycle: i. Up to a maximum of 10 Ordinary Hours on weekdays; ii. For SMOs working on an extended hours arrangement only, up to a maximum of 12 Ordinary Hours on weekends and public holidays; iii. Where service delivery necessitates it and by agreement with the officer/s, a shift length of 12 and half Ordinary Hours inclusive of a paid meal break may be worked; iv. The minimum engagement is four continuous Ordinary Hours. (d) The outcome of such consultation must be recorded in writing. 11.3.7 The employer has the right to make the final determination as to the method (outlined in this Clause 11.3.7) by which the 80 hour fortnight is implemented or worked from time to time. The employer may refuse the working of a shift of 10 or more Ordinary Hours if it is concerned that it may adversely affect service delivery, such as a reduction of clinics or result in additional overtime. 11.3.8 The method of working the 80 hour fortnight may be altered, from time to time, upon the employer giving 14 days’ notice or a lesser period as agreed with employee/s concerned. 11.3.9 Notwithstanding any other provision in this clause, where the arrangement of Ordinary Hours provides for an Accrued Day Off, the employer and the employee concerned may agree to bank up to a maximum of 6 accrued days (48 hours) off. Where agreement has been reached, such Accrued Days Off must be taken within 12 calendar months of the date on which the first 8 hours off was accrued. The decision to bank and access Accrued Days Off will be subject to the operational needs of the work area. 11.3.10 Where, as at the date of termination of service, an employee has accumulated time towards an Accrued Day Off in accordance with this clause, and been unable to access same, such employee will be paid for the time so accrued at the employee’s ordinary rate of pay, that is, the employees wage rate. 11.3.11 Where an employee who is on call is recalled to work on a day which would have otherwise been an Accrued Day Off they will be paid at the relevant overtime rate for all work performed on that day. Where an employee who is not on call agrees to work on a previously arranged Accrued Day Off but is not recalled to duty they will be paid at ordinary time and a substitute Accrued Day Off may be taken at a mutually agreed time at the employee’s wage rate. 11.3.12 No entitlement exists for the payment of a Flexibility Allowance as provided in Clause 13.9 of the Award.