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Eastern Health TOLS Dispute

2017-06-15

HACSU has lodged a dispute in the Fair Work Commission, regarding Eastern Health’s refusal to pay TOLS employees the wages and conditions they are entitled to under the Victorian Public Health Sector (Health Professional, Health and Allied Services, Managers and Administrative Officers) Enterprise Agreement 2011-2015 .

Increments Dispute

TOLS employees are classified as CDWs in accordance with the decision to terminate the Turning Point Enterprise Agreement.

HACSU’s position is that Eastern Health is obligated to pay the full EBA terms and are unable to pick and choose.

Eastern Health’s position is TOLS employees do not do community development work and are not entitled to the full conditions provided under the agreement. Eastern Health are arguing that TOLS employees transferred to the new agreement with a limited span of yearly increments.

Qualifications Allowance Dispute

Eastern Health is also refusing to pay TOLS employees Qualifications Allowance, HACSU are of the very firm view that TOLS are entitled to a Qualifications Allowance.

The Fair Work Commission Conferences

There have been several conferences listed before Commissioner Cribb since September 2016 to try and resolve this dispute however nothing has been resolved.

During the conference on 17 February 2017, we worked on a TOLS classification, however, Eastern Health were not prepared to talk about the Qualifications Allowance and extra increment levels at that meeting despite our attempts to do so. This led to the listing of a further conference on 15 May 2017 to try and work through those remaining issues.

Eastern Health’s offer

At the last conference on 15 May 2017, Eastern Health put forward a ‘without prejudice’ offer to resolve the dispute, that offer being an option of one of the following:

  1. Pay all TOLS workers one extra increment level in the CDW wages structure, that being up to a Year 10 only (CDWs are entitled to be incremented up to a year 11); or
  2. That Eastern Health could investigate their capacity to pay Qualifications Allowance.

Eastern Health claims they do not have enough money to pay TOLS both these entitlements

HACSU received a formal ‘without prejudice’ offer from Eastern Health on Monday 22 May 2017. The offer was to pay prospective Qualifications Allowance only OR for TOLS workers to be incremented to CDW year 10.

Eastern Health would also commit to enterprise bargaining discussions to incorporate the TOLS classification framework, wags and condition into the replacement agreement in 4 years’ time.

HACSU’s response

HACSU reject the offer put by Eastern Health on Monday 22 May 2017. HACSU believe TOLS employees are entitled to the full benefits of the EBA. HACSU will take this matter to arbitration in the Fair Work Commission.

If you have any questions or concerns with respect to the content of this newsletter, please contact Ginny Adams or Elisa Dickenson on 9340 4100.