The employment conditions of Medical Scientists are contained in a number of industrial instruments and documents. These include your Enterprise Agreement, (currently SA Government (Public Sector Salaried Employees) Arbitrated Enterprise Bargaining Award 2004) the Medical Scientists (South Australian Public Sector) Award (1999), Department of Health Human Resources Manual, IMVS HR Manuals and Special Determinations. Commissioners Standards (previously PSM Act Determination) are usually reflected in the DOH, HR Manual.

The Enterprise Agreement (EA) prevails over the Award to the extent of any inconsistency e.g. your salary is as per the EA, as is the on-call provisions and on-call allowances. The EA and Award prevails over other instruments unless they provide better conditions, (see clause 8.1 of your Award).

The Medical Scientists Award was developed in 1999 to ensure that all of the conditions in the Hospital Scientists Industrial Agreement were maintained i.e. it was a “roll over” of those conditions. The PSA similarly developed the Medical Scientists (Red Cross) Award which is to be read in conjunction with the Red Cross Enterprise Agreement. A new Award or even subsequent additions to a new Award are supposed to be status quo, that is they reflect current conditions. Any increase in conditions or salaries above the safety net is negotiated through the Enterprise Bargaining process.

The PSA's preference was to get most conditions in your Award, so that they would be clear, unambiguous and enforceable.

Your full Award can be viewed here and the current 2004 Arbitrated Enterprise Award is here.

The Medical Scientists Award, makes a distinction between MS3 and above and MS1 & MS2, in the amount of recreation leave, (25 days or 20 days per annum respectively) and payment for overtime and shift work.

Some members MS3 and above wanted to be paid penalty rates for shift work, but the clause for shift work penalties (clause 6.3 Shift Work) only applies to MS1 and MS2. The Department of Health were not prepared to expand that clause to allow for MS3 and above to be paid shift penalties, but during negotiations, and in discussions in the Industrial Commission, it was reinforced that the employer cannot require or expect a MS3 or above to work shifts. PSA advice to members MS3 and above is that if they are prepared to undertake shift work then they negotiate a shift work penalty, or otherwise do not do it.

For MS1 and MS2 undertaking shift work must be by agreement and this was reinforced by inserting in clause 6.3.1 “(subject to clause 6.1.2).”

PSA also had inserted at clause 6.3.1.3 a definition of Permanent Night Shift, with an increased allowance to 30%. The PSA considers that ordinary night shift should also receive an allowance of 30% and other shift penalties be increased, which is a matter for Enterprise Bargaining.

For working Public Holidays, the PSA also had inserted at clause 6.3.1.5 the option for Medical Scientists of being paid the additional 150% or where requested and agreed be paid 50% and be granted an additional day off.

Also inserted was clause 6.4 “Public Holiday falls on a rostered day off”. This ensures that when a Public Holiday Monday to Friday falls on a Medical Scientists RDO, they are entitled to an additional day's pay, or if the Medical Scientist requests, and the employer agrees, the Medical Scientist will, in lieu of the extra days pay, be given an alternative RDO.

Prior to December 2005, the SA Public Sector Salaried Employees (Interim) Award (1994) (SAPSSEI) did not allow for overtime payments (except if on-call and called out) for those employees classified at ASO6, OPS7, TGO5, PSO3, (the equivalent of MS3) and above. The PSA negotiated successfully for that Award to be amended so that if overtime was regularly required and authorised these classifications could be paid overtime. The PSA made a similar application for this to apply to MS3 and above, if they were required to work longer than other similarly employed Medical Scientist. Despite vigorous negotiations this was not accepted by Government because of clause 6.1.3 which states some out of hours work is required for MS3 and above for which an additional week's leave is granted.

In negotiations DOH did propose they would accept an agreed overtime clause for MS3 and above in exchange for the removal of the extra week's leave. This was totally rejected by the PSA.

All Medical Scientists (up to Executive level or equivalent) are entitled to overtime rates if on-call and called out, and to be paid for a minimum of 3 hours. (Clause S.2.3) SA Government (Public Sector Salaried Employees) Arbitrated Enterprise Bargaining Award 2004.

An anomaly in the Medical Scientists Award, when compared with other Government Sector Awards is that the requirement to have an 8 hour break between shifts, (ie either between finishing normal work and starting overtime, or finishing overtime and commencing normal duties) does not apply if the Medical Scientist worked less than 3 hours when recalled to duty. Clause 6.2.9. For other employees, e.g. for a Technical Grades Officer it does apply. The PSA argued for this clause to be removed on OHS&W grounds, but this was rejected by the Department of Health acting on behalf of health units.

The PSA also now has included in the Medical Scientist Award Travelling Expense Reimbursement and Allowance (Clause 5.4) Use of Employees Motor Vehicle (Clause 5.5) and Home and Office Reimbursement (Clause 5.6).

In both the Medical Scientists (State Government) Award and the SAPSSEI (1994) Award, the PSA has included new clauses for Personal Leave to Care for Family members (clause 7.2) up to 10 days per annum. (This is in addition to and should be applied for after Special Leave with Pay). This also applies to Bereavement Leave, where an employee can take up to 3 days Special Leave with Pay. Sick Leave is now referred to as Personal Leave-Injury and Sickness. Clause 7.5 provides for Parental Leave. This includes Maternity Leave, Paternity Leave and Adoption Leave.

The Parental Leave and Carer's Leave is now the minimum state standard, with paid Maternity Leave of 12 weeks being in the SA Government (Public Sector Salaried) Arbitrated EA 2004 Clause 5. The PSA has applied for 14 weeks in the current Enterprise Bargaining claim.

To enquire about meeting times to hear about the PSA EB claim or for other queries contact the following PSA Industrial Officers:

For: W&CH, IMVS, Ted Szarek on 8205 3213 or tcs@cpsu.asn.au

RAH, Alan Wheeldon on 8205 3271 or awv@cpsu.asn.au (Kathy Tsorvas currently on leave)

RGH, South Path, FMC, Sue Cummins on 8205 3260 or sc@cpsu.asn.au

These Award changes were not made to the Medical Scientists (Red Cross) Award, as all negotiations were between the PSA and SA Government officers. If applicable there is always a flow onto Red Cross Medical Scientists who are also covered by a separate Red Cross (Blood Bank) Enterprise Agreement. For Red Cross queries contact Industrial Officer Dolly Costello on 8205 3244 or dlc@cpsu.asn.au

On another issue relating to Medical Scientists conditions the PSA were concerned that IMVS would not allow managers to attend a classification appeal hearing if they were supporting the appellant. The PSA considered this was in breach of the concepts of natural justice, fairness and due process. The Department of Health agreed with the PSA and the IMVS will now allow managers to give supporting evidence in appeals.

Queries about the Medical Scientists (South Australian Public Service) Award can be made to Senior Industrial Officer Ian D Peak email: ian@cpsu.asn.au or from the above Industrial Officers.