HWU Dorevitch Members Win

UPDATE - TIMELINE FOR PAYMENTS ANNOUNCED! (ARCHIVED)

COMMISSION ORDERS PAYMENT TO BE MADE ON OR BEFORE 5 DECEMBER 2018

• The new rates of pay start from 26 September 2018, but will be back paid on or before 5 December 2018;
• The back pay to July 2017 will also be made on or before 5 December 2018; and
• Anyone employed as of 26 September 2018 is entitled to be back paid.

On 13 September 2018, the Full Bench of the Fair Work Commission issued a decision with a draft Determination about your pay and conditions. This is a big win for all Dorevitch employees. Finally, you get a Fair Bloody Go!

Together, you did it!

As you know, the fight for fairer pay and conditions has not been easy.

When 89 of our Dorevitch members were locked out and all hope seemed lost, you all stuck together. You helped and supported each other, you had each other’s backs – you gave your time, energy and spirit. You showed no fear in the face of injustice. You stayed the course and showed what unionism is all about.

Make no mistake, you won this. We congratulate and thank all 605 of you for your sacrifice, courage and determination. After 11 years, time was up for Dorevitch Pathology.

Please read the below summary of the decision carefully. More information will follow.

I am so proud to be a member of this union alongside you.

Yours in admiration,

Diana Asmar

HWU Secretary

BELOW IS SUMMARY OF FAIR WORK’S DRAFT DECISION

WAGES

The Fair Work Commission has determined wages in accordance with a formula. This formula is based on the old agreement wage rates from 2007. Depending on your classification and years’ of experience, wages will increase up to 20%. Allowances will increase up to 30 per cent. This will be back paid to July 2017. Further, from when the determination is finalised later this month (see below), there will be a further increase of approximately 3.6% in real terms. In twelve months time there will a further 2.5% increase.

To find out your increase, see the below table:

Note: The above tables are based on the draft wage table provided by the Fair Work Commission in the Draft Determination.

TIMING OF PAYMENTS

This decision is a draft Determination. The final Determination will be issued later this month. Both the HWU and Dorevitch are allowed to make submissions to the Fair Work Commission on minor errors, typo’s, etc. Once this is complete, the Determination will be finalised. After this, you will start receiving payments. 

LENGTH OF DETERMINATION

The length of this Determination is until 31 December, 2019.

ALLOWANCES

The Fair Work Commission has increased allowances significantly (most by up to nearly 30%, with 25% back paid to July 2017). Many allowances had not been updated since 2007. Some allowances, such as the Telephone Allowance and Buddy Allowance, are new payments that the union fought for.

See the table below for the new allowance rates as they will apply from 1 July 2017 to 26 September 2019.

SICK LEAVE

The current sick leave provisions are maintained. Dorevitch wanted to cut your sick leave, but the Union fought to protect them.

TIME OFF IN LIEU

Time off in lieu will be at overtime rates.

PUBLIC HOLIDAYS

Dorevitch wanted to change the public holiday arrangements. The HWU have protected existing entitlements (including rostered off public holidays benefits)

ACCIDENT MAKE UP PAY

Dorevitch wanted to slash accident make up pay to 26 weeks. The HWU was successful in preserving the status quo at 39 weeks.

PRO-RATA LONG SERVICE LEAVE ON REDUNDANCY

Payment of pro-rata long service leave is at seven years if made redundant. Dorevitch wanted to remove this. We won. This has been maintained.

PATHOLOGY COLLECTOR CLASSIFICATIONS

The status quo remains for Pathology Collector classifications for Grades 1, 2 and 3. A new Grade 4 Pathology classification has been added.

BELOW IS SUMMARY OF MATTERS ALREADY WON BY THE UNION DURING THE CAMPAIGN:

• Overtime provisions, including: when overtime is paid, how overtime is paid (eg paid in addition to and not in substitution of shift loadings), arrangements for part time overtime (including when collectors are required to finish a bleed after work hours etc)
• Additional weeks annual leave for working 4 or more hours on 10 weekends in a year.
• Part time employment: provisions regarding engagement of part time employees.
• Review of part time hours.
• Classification for Pathology Collector Grade 4 – creation of a new classification.
• Hours of work clause
• Dispute resolution: process for dealing with disputes (including collective disputes), power of the Commission to arbitrate without the consent of the parties.
• Preserving change of shift provisions.
• Preserving broken shift protections and penalty payments.
• Redeployment considerations in a redundancy (for the most part). 
• Partial redundancy provisions (by agreement).
• Rostering protections to ensure employees can have at least two consecutive days off duty in a fortnight and transitional arrangements for existing employees.
• Preserving a disciplinary procedure clause, including the right to be represented during the process, and ensuring warnings are only active for 12 months unless another adverse event occurs in that time.
• Buddy allowance: payable when an employee agrees to buddy with less experienced pathology collectors.
• Payment of treble time when required to work six period of duty consecutively without 24 hours off.
• Cashing out of annual leave arrangements.
• Parental leave: extending parental leave rights to all genders and families, and providing the same entitlements in cases of adoption.

It’s times like this that makes you glad you voted down Dorevitch’s Dodgy Deal.

Further information

You can download a copy of the decision by clicking on the attached document below.

We will keep you updated with further information.

If you have any questions in the interim, please email hwupathology@hwu.org.au

Fair Work Draft Decision - Dorevitch Pathology (PDF)