Advocacy Win for the ACA in the Fair Work Commission

Advocacy

For the past three years, we have been engaged in advocating on behalf of the profession regarding the Health Professionals and Support Services (HPSS) Award and have been successful. This advocacy culminated in CEO Dr Matthew Fisher presenting to the Full Bench last December. Our lawyers stated in summary:

While we have not yet had an opportunity to review the decision in its entirety – we thought you would be pleased to hear that the Commission considered there was “force in the submissions of CAA and OA to the effect that the default span…does not reflect their contemporary operating hours that are designed to meet the needs of the community” and that it was “out of step with the scheme of the HPSS Award not to include these two sectors in the exceptions applicable to private practices.” (see paragraph [56]). Therefore, the Commission has decided to rationalise the span of hours provision into four different spans – relevantly, it has proposed that there be a span that will apply for medical, dental, pathology, physiotherapy, chiropractic and osteopathic practices and has proposed that clause 24 should be amended to read as follows:

24.2 Private medical, dental, pathology, physiotherapy, chiropractic and osteopathic practices

The ordinary hours of work for a day worker will be worked between 7.30 am and 9.00 pm Monday to Friday and between 8.00 am and 4.30 pm on Saturday. (see paragraphs [59] to [62]).

We are absolutely thrilled for you! This is a fantastic outcome for the ACA after such an significant investment in the process. The ACA has, in our view, completely driven this momentous change to the HPSS Award.

A summary on the HPSS Award decision:

  1. The full bench will provide detail including timing of implementation in the future.
  2. This outcome gives clarity to employers and employees.
  3. The span of hours recognised as ordinary time has been expanded to reflect community needs.
  4. The profession will now be explicitly recognised in the award.
  5. Members will be informed as more detail comes to hand and to use the ACA HR Service when is has been declared.

Leadership and Advocacy are two of our pillars shown to great effect here.