Membership For Members Employment matters Fair Work Act
The Fair Work Act - what physiotherapists need to know |
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Developments have occurred progressively over 2009 to the new fair work rules, and the APA has kept members of Physiotherapy Business Australia (PBA) up to date through its quarterly publication Business in Practice, a series of State-based webinars (online seminars) and the PBA's monthly eNews. If you are a PBA member and want more information on the new Act, or you are an APA member wishing to join the PBA, please contact our membership services officers at This e-mail address is being protected from spambots. You need JavaScript enabled to view it or call us on 03 9092 0888. PBA is a National Group of the APA. Premium Principal Members, Corporate Members and Business Affiliate Members of the PBA are entitled to limited free support from the APA's industrial relations advisory service SIAG. These members will also receive SIAG's circulars on HR and IR matters, including the new fair work system. Click here to find out about further benefits of PBA membership. The new Modern Award The Modern Award that applies to physiotherapists is the Health Professionals and Support Services Award 2010. Click here to download the full award or go to Fair Work Online and follow the links to make sure any subsequent amendments are incorporated. Like all of the Modern Awards, it contains provisions about:
1 taken from http://www.fairwork.gov.au/ The APA is advising members to ensure they are fully aware of the changes to the system, especially to those around sham contracting and the associated penalties, pay, leave and conditions provisions, and termination of employment. How should business owners comply with the new system? If you haven't already, SIAG advises that employers review all contracts of employment and workplace agreements against the National Employment Standards (NES). These provisions override all forms of contract or agreement to the extent that the NES provides a more generous entitlement. Click here to see the National Employment Standards. Employers should also review the Health Professionals and Support Services Award 2010, to identify which classification applies to each employee. The Modern Award does not apply to an employee who has a registered AWA or ITEA with the Workplace Authority. Click here to go to the Health Professionals and Support Services Award 2010. Remember that it is now an employer's responsibility to ensure that all new employees are provided with a copy of the new Fair Work Information Statement. Click here to access the Fair Work Information Statement. APA Applies for Variation to the Modern Award Hours of ordinary operation is perhaps one of the biggest issues around the Modern Award for physiotherapy practices. The new Award defines a lesser span of ordinary hours of work than we believe accurately describes the way physiotherapy practices generally operate, and a lesser span than is provided for in Awards that previously operated in Queensland, Victoria and South Australia. (Other States and Territories were previously Award-free for physiotherapists, but not for clerks (except in WA)). In order to more closely match the previous Awards in terms of span of ordinary hours of work, the APA has contracted SIAG to submit a request for a variation to the Health Professionals and Support Services Award, so that physiotherapy practices will not be disadvantaged. As a result of this submission, a new clause was added to the Award specifically for physiotherapists (Clause 24.4). Although the ordinary hours shown therein do not match those in our Application for Variation, they are an improvement on the ordinary hours shown in Clause 24.1 to which physiotherapists were previously subject. It is also beneficial to have a Clause specifically for physiotherapists, which we did not have before our Application. PBA members were advised of this change through the PBA eNews in May 2010. |
| Last Updated ( Friday, 18 June 2010 11:35 ) |
