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5.3The Agreement will continue in force after the nominal expiry date until replaced by afurther enterprise agreement.6Application and Relationship to the NES6.1The Schedules to this Agreement form part of the terms of the Agreement and are to beread in conjunction with this Agreement for all purposes, including for enforcement.6.2This Agreement is not intended to exclude any part of the NES or to provide anyentitlement which is detrimental to a Doctor's entitlement under the NES. For theavoidance of doubt, the NES prevails to the extent that any aspect of this Agreementwould otherwise be detrimental to a Doctor.7Saving of Local Agreements7.1The making of this Agreement is predicated on the expectation and understanding thatpre-existing terms and conditions of employment applying prior to the 2013 SpecialistsAgreement will not be set aside as a result of the implementation of this Agreement.7.2The parties acknowledge that the increases in remuneration provided in clause 13 of the2013 Specialists Agreement and other benefits provided under that agreement wereagreed on the basis that there would be no further claims prior to the nominal expirydate of the 2013 Specialists Agreement, collectively or individually, which would havethe effect of increasing the net operating costs of any Health Service above the netcosts directly attributable to the implementation of the terms of the 2013 SpecialistsAgreement. This commitment will continue for the life of this Agreement.7.3The following terms are intended to give effect to this commitment by the parties.7.4Except as provided in clause 31, this Agreement does not disturb the continuedapplication of employment entitlements in operation immediately prior to thecommencement of the 2013 Specialists Agreement (Pre-existing Entitlements),provided that the Pre-existing Entitlements do not:7.5(a)contravene any law;(b)have the effect, directly or indirectly, of increasing the operating net costs of anyHealth Service above the net costs directly attributable to the implementation ofthe terms of this Agreement;(c)derogate from the requirements of this Agreement; or(d)have the effect, directly or indirectly, of providing a monetary benefit to the Doctorinconsistent with (greater or less than) that provided under clause 31.Review of Pre-existing Entitlements(a)In the course of bargaining for this Agreement, the parties commenced reviewingthe certified agreements and enterprise agreements listed in Schedule F thatcovered Health Services covered by this Agreement and which were in operationimmediately prior to the commencement of the 2013 Specialists Agreement (Pre2013 Collective Agreements). That review has identified a number ofemployment entitlements that have continued application by virtue of clause 6 ofthe 2013 Specialists Agreement and still have continued application by virtue ofthis clause.(b)The parties agree to establish a joint working party to review the Pre-2013Collective Agreements, to be concluded within the first six months of thisAgreement commencing operation (Review).8

(c)7.6The parties acknowledge and agree that:(i)the purpose of the Review is to provide clarity in relation to Pre-existingEntitlements (that is, employment entitlements in operation immediatelyprior to the commencement of the 2013 Specialists Agreement) that stemfrom the Pre-2013 Collective Agreements and the relevant Heads ofAgreement and that have continued application by virtue of this clause, inrespect of each of the Health Services covered by one or more of the Pre2013 Collective Agreements;(ii)subject to the requirements of the Act, the intent is to develop HealthService specific Schedules which contain Pre-existing Entitlements and forthose Schedules to be implemented by way of a variation to thisAgreement;(iii)there may have been variations to employment entitlements based on localnegotiations which have had the effect of replacing or superseding termsand conditions contained in the Pre-2013 Collective Agreements and suchoutcomes shall be:(A)considered in the course of the Review; and(B)included in any applicable Health Service specific Schedule, whererelevant and provided the overall conditions of the relevant group ofDoctors reflected in the Agreement and the relevant Schedule areequal to or better off overall.(iv)it is not intended that a Doctor will receive the benefit of two payments insatisfaction for the same work and where there are separate entitlements inthis Agreement and any future Health Service specific Schedule, only themost beneficial entitlement will apply;(v)the Pre-2013 Collective Agreements are not incorporated into and do notform part of this Agreement; and(vi)If a dispute arises during the course of the Review, the parties agree toseek the assistance of the FWC to facilitate and/or determine an outcome tothe disputed matter.Except as provided in clause 31, this Agreement is not intended to prevent a HealthService from initiating a review of Pre-existing Entitlements, on the basis that theoutcome of such a review must:(a)prior to its implementation, be agreed between the Health Service and a majorityof its relevant Doctors; and(b)not offend any of the requirements at clauses 7.4(a) to (d) above.8No extra claims8.1Subject to subclause 8.2, until the nominal expiry date of this Agreement, a HealthService, Doctor or employee organisation covered by this Agreement must not pursueany extra claims.8.2Subclause 8.1 does not limit:(a)the resolution of an issue, that is not also a collective issue affecting more thanone Doctor, arising under an individual Doctor's contract of employment by theHealth Service and the Doctor in a manner consistent with subclause 31.12(a); or9

(b)the Health Service’s capacity to introduce change at the workplace, subject tomeeting its requirements to consult; or(c)a Health Service and Doctor's ability to make an individual flexibility arrangementconsistent with clause 15 below.8.3Issues arising under an individual Doctor's contract of employment must not be used tocircumvent the operation of subclause 8.1.8.4The Health Services agree to commence discussions with the Association no later thansix months prior to the nominal expiry date of this Agreement. Provided that any claimmade by a person covered by this Agreement during that six-month period is notsupported by industrial action, subclause 8.1 does not prevent a person covered by thisAgreement from making a claim during the six-month period (or such earlier period asmay be agreed) prior to the nominal expiry date of this Agreement.10

PART B – CONSULTATION, DISPUTE RESOLUTION,DISCIPLINE AND FLEXIBLE WORKING ARRANGEMENTS9ConsultationNothing in this clause limits the Health Service’s obligations to consult with HSRs underthe OHS Act.9.19.2Consultation regarding major change(a)Where a Health Service proposes a major workplace change that may have asignificant effect on a Doctor or Doctors, the Health Service will consult with theaffected Doctor/s, the Association, and the Doctor’s other chosen representative(where relevant) before any proposed change occurs.(b)Workplace change includes (but is not limited to) technological change.(c)Consultation will include those who are absent on leave including parental leave.(d)The Health Service will take reasonable steps to ensure Doctors, HSRs (whererelevant) and the Association can participate effectively in the consultationprocess.DefinitionsUnder this clause 9:(a)Consultation means a genuine opportunity to influence the decision maker, butnot joint decision making. It is not merely an announcement as to what is about tohappen.(b)Affected Doctor means a Doctor on whom a major workplace change may havea significant effect.(c)Major change means a change in the Health Service’s program, production,organisation, physical workplace, workplace arrangements, structure ortechnology that is likely to have a significant effect on Doctors.(d)Significant effect includes but is not limited to:(e)(i)termination of employment;(ii)changes in the size, composition or operation of the Health Service’sworkforce (including from outsourcing) or skills required;(iii)alteration of the number of hours worked and/or reduction in remuneration;(iv)changes to a Doctor’s classification, position description, duties or reportinglines;(v)the need for retraining or relocation/redeployment/transfer to another site orto other work;(vi)removal of an existing amenity;(vii)the removal or reduction of job opportunities, promotion opportunities or jobtenure.Measures to mitigate or avert may include but are not limited to:(i)redeployment;(ii)retraining;11

9.39.4(iii)salary maintenance;(iv)job sharing; and/or(v)maintenance of accruals.Consultation Steps and Indicative reasonable timeframes(a)Consultation includes the steps set out below.(b)Timeframes for each step must allow a party to consultation (including arepresentative) to genuinely participate in an informed way having regard to all thecircumstances including the complexity of the change proposed, and the need forDoctors and their representative to meet with each other and consider anddiscuss the Health Service’s proposal.(c)The following table makes clear the relevant steps and indicative timeframes forthe consultation process.StepActionTimeframe1.Health Service provides changeimpact statement and otherwritten material required bysubclause 9.42.Written response from Doctorsand/or Association14 days of step 13.Consultation Meeting/sconvened7-14 days of step 24.Further Health Service response(where relevant)After the conclusion ofstep 35.Alternative proposal fromDoctors or Association14 days of step 46.Health Service to consideralternative proposal/s consistentwith the obligation to consultand, if applicable, to arrangefurther meetings with Doctors orAssociation prior to advisingoutcome of consultation14 days of step 5Change Impact Statement (Step 1)Prior to consultation required by this clause, the Health Service will provide affectedDoctor/s and the Association with a written Change Impact Statement setting out allrelevant information including:(a)the details of the proposed change;(b)the reasons for the proposed change;(c)the possible effect on Doctors of the proposed change on workload and otheroccupational health and safety impacts;(d)where occupational health and safety impacts are identified, a risk assessment ofthe potential effects of the change on the health and safety of Doctors, undertaken12

in consultation with HSRs, and the proposed mitigating actions to be implementedto prevent such effects;9.5(e)the expected benefit of the change;(f)measures the Health Service is considering that may mitigate or avert the effectsof the proposed change;(g)the right of an affected Doctor to have a representative including the Associationrepresentative at any time during the change process; and(h)other written material relevant to the reasons for the proposed change (such asconsultant reports), excluding material that is commercial in confidence orexposes the Health Service to unreasonable legal risk or cannot be disclosedunder the Health Services Act or other legislation.Doctor / Association response (step 2)Following receipt of the change impact statement, affected Doctors and/or theAssociation may respond in writing to any matter arising from the proposed change.9.6Meetings (step 3)(a)(b)9.7As part of consultation, the Health Service will meet with the Doctor/s, theAssociation and other nominated representative/s (if any) to discuss:(i)the proposed change;(ii)proposals to mitigate or avert the impact of the proposed change;(iii)any matter identified in the written response from the affected Doctorsand/or the Association.To avoid doubt, the ‘first meeting’ at step 3 does not limit the number of meetingsfor consultation.Health Service response (step 4)The Health Service will give prompt and genuine consideration to matters arising fromconsultation and will provide a written response to the Doctors, Association and (whererelevant) other representative/s.9.8Alternative proposal (step 5)The affected Doctor/s, the Association and other representative (where relevant) maysubmit alternative proposal(s) which will take into account the intended objective andbenefits of the proposal. Alternative proposals should be submitted in a timely mannerso that unreasonable delay may be avoided.9.9Outcome of consultation (step 6)The Health Service will give prompt and genuine consideration to matters arising fromconsultation, including an alternative proposal submitted under subclause 9.8, and willadvise the affected Doctors, the Association and other nominated representatives (ifany) in writing of the outcome of consultation including:(a)whether the Health Service intends to proceed with the change proposal;(b)any amendment to the change proposal arising from consultation;(c)details of any measures to mitigate or avert the effect of the changes on affectedDoctors; and(d)a summary of how matters that have been raised by Doctors, the Association andtheir representatives, including any alternative proposal, have been taken intoaccount.13

9.109.11Consultation about changes to rosters or hours of work(a)Where a Health Service proposes to change a Doctor’s regular roster or ordinaryhours of work, the Health Service must consult with the Doctor or Doctors affectedand their representatives, if any, about the proposed change.(b)The Health Service must:(i)consider health and safety impacts including fatigue;(ii)provide to the Doctor or Doctors affected and their representatives, if any,information about the proposed change (for example, information about thenature of the change to the Doctor’s regular roster or ordinary hours of workand when that change is proposed to commence);(iii)invite the Doctor or Doctors affected and their representatives, if any, to givetheir views about the impact of the proposed change (including any impactin relation to their family or caring responsibilities); and(iv)give consideration to any views about the impact of the proposed changethat is given by the Doctor or Doctors concerned and/or theirrepresentatives.(c)The requirement to consult under this subclause 9.10 does not apply where aDoctor has irregular, sporadic, unpredictable working hours, self-rostering or,where permitted, a rotating roster.(d)These provisions are to be read in conjunction with the terms of the engagementbetween the Health Service and Doctor, other Agreement provisions concerningthe scheduling of work and notice requirements.RepresentationFor the purpose of consultation under this clause, a Doctor is entitled to be representedat any stage including by the Association or other chosen representative (whererelevant).9.12Consultation disputesAny dispute regarding the obligations under this clause will be dealt under the DisputeResolution Procedure at clause 11 of this Agreement.10Redundancy10.1ArrangementThis clause is arranged as follows:(a)Arrangement (subclause 10.1),(b)Definitions (subclause 10.2),(c)Redeployment (subclause 10.3),(d)Support to Affected Doctors (subclause 10.4),(e)Salary maintenance (subclause 10.5),(f)Relocation (subclause 10.6),(g)Employment terminates due to redundancy (subclause 10.7), and(h)Exception to application of Victorian Government’s policy with respect toseverance pay (subclause 10.8).14

10.210.3Definitions(a)Affected Doctor for this clause 10 means a Doctor whose role will be redundant.(b)Comparable Role means an on-going role that:(i)is the same occupation as that of the Affected Doctor’s redundant positionor, if not, is in an occupation acceptable to the Affected Doctor; and(ii)is any of the following:(A)in the same clinical specialty as that of the Affected Doctor’s formerposition;(B)in a clinical specialty acceptable to the Affected Doctor; or(C)a position that with the reasonable support described at subclause10.3(g), the Affected Doctor could undertake; and(iii)is the same grade as the Affected Doctor’s redundant position;(iv)takes into account the number of ordinary hours normally worked by theAffected Doctor;(v)is a Reasonable Distance from the Affected Doctor’s current work location;(vi)takes the Affected Doctor’s personal circumstances, including familyresponsibilities, into account; and(vii)takes account of health and safety considerations.(c)Consultation is as defined at clause 9 (Consultation) of this Agreement.(d)Continuity of Service means that the service of the Doctor is treated asunbroken and that the cap on the transfer of personal leave at subclause 49.4does not apply. However, continuity of service is not broken where a HealthService pays out accrued annual leave or long service leave upon termination inaccordance with this Agreement.(e)Reasonable Distance means a distance that has regard to the Doctor’s originalwork location, current home address, capacity of the Doctor to travel, additionaltravelling time, effects on the personal circumstances of the Affected Doctor,including family commitments and responsibilities and other matters raised by theDoctor, or assistance provided by their Health Service.(f)Redeployment period means a period of 13 weeks from the time the HealthService notifies the Affected Doctor in writing that consultation under clause 9 iscomplete and that the redeployment period has begun.(g)Redundancy means the Health Service no longer requires the Affected Doctor’sjob to be performed by anyone because of changes in the operationalrequirements of the Health Service’s enterprise.(h)Relocation means an Affected Doctor is required to move to a different campusas a result of an organisational change on either a temporary or permanent basis.(i)Salary maintenance means an amount representing the difference between whatthe Affected Doctor was normally paid immediately prior to the Affected Doctor’srole being made redundant and the amount paid in the Affected Doctor’s new rolefollowing redeployment.Redeployment(a)An Affected Doctor whose role will be redundant will be considered forredeployment during the redeployment period.15

(b)Doctor to be advised in writingThe Affected Doctor must be advised in writing of:(c)(i)the date the Affected Doctor’s role is to be redundant,(ii)details of the redeployment process,(iii)the reasonable support that will be provided in accordance with subclause10.3(g), and(iv)the Affected Doctor’s rights and obligations.Health Service obligationsThe Health Service will:(d)(i)make every effort to redeploy the Affected Doctor to a Comparable Role interms of classification, grade and income, including appointing a casemanager to provide the Affected Doctor with support and assistance; and(ii)take into account the personal circumstances of the Affected Doctor,including family commitments and responsibilities.Doctor obligationsThe Doctor must actively participate in the redeployment process including:(e)(i)identifying appropriate retraining needs;(ii)developing a resume / CV to assist in securing redeployment;(iii)actively monitoring and exploring appropriate redeployment opportunitiesand working with the appointed case manager.Rejecting a Comparable RoleWhere an Affected Doctor rejects an offer of redeployment to a Comparable Role(as defined), the Affected Doctor may be ineligible for a departure packagereferred

5 3 Definitions 3.1 In this Agreement except where the context requires otherwise: (a) 2013 Specialists Agreement means the AMA Victoria - Victorian Public Health Sector Medical Specialists Enterprise Agreement 2013. (b) Act unless otherwise specified means the Fair Work Act 2009 (Cth), as amended or replaced from time to time. (c) Agreement means the AMA Victoria - Victorian Public Health .