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SMOEA 2021  

 

BALLOT VERSION 
 
 
  

 
 
 
 
 

PROPOSED SA HEALTH 
SALARIED MEDICAL OFFICERS 
ENTERPRISE AGREEMENT 2021 

 
 
 
 
 
 
 
 
 
 
 

 
 

Chief Executive, Department of Treasury and Finance as the declared employer, Fair Work Act 1994 
(Industrial Relations and Policy) 

State Administration Centre, Level 6 200 Victoria Square (Tarndanyangga) ADELAIDE SA 5000 
 

GPO Box 2343 
ADELAIDE SA 5001 

 
 
 



SMOEA 2021      Page 1 of 55 

 

TABLE OF CONTENTS 

 

PART A: PRELIMINARY ........................................................................................................................ 4 

1. ENTERPRISE AGREEMENT ..................................................................................................... 4 

2. PARTIES BOUND ...................................................................................................................... 4 

3. DEFINITIONS ............................................................................................................................. 4 

PART B: PROVISIONS APPLYING TO ALL EMPLOYEES .................................................................. 5 

4. OBJECTS, COMMITMENTS AND ONGOING IMPROVEMENT .............................................. 5 

5. CONSULTATION ....................................................................................................................... 5 

6. SALARY ..................................................................................................................................... 6 

7. CASUAL EMPLOYEES ............................................................................................................. 6 

8. SALARY PACKAGING ARRANGEMENTS .............................................................................. 7 
GENERAL PUBLIC SECTOR SALARY SACRIFICE SCHEME (GPSSSS) .............................. 7 
MEDICAL OFFICER SPECIFIC SALARY SACRIFICE SCHEME (MOSSSS) .......................... 7 

9. MANAGERIAL ALLOWANCES ................................................................................................ 8 

10. RELOCATION EXPENSES ....................................................................................................... 9 

11. WORKPLACE FLEXIBILITY ..................................................................................................... 9 

12. WORKLIFE FLEXIBILITY .......................................................................................................... 9 
VOLUNTARY FLEXIBLE WORKING ARRANGEMENTS .......................................................... 9 
FAMILY CARERS LEAVE ........................................................................................................ 10 
PAID MATERNITY/ADOPTION/SURROGACY LEAVE ........................................................... 10 
PAID PARTNER LEAVE .......................................................................................................... 11 
RETURN TO WORK ON A PART-TIME BASIS ...................................................................... 11 
REIMBURSEMENT OF REASONABLE CHILD CARE COSTS .............................................. 12 
EMPLOYEES WHO ARE BREASTFEEDING .......................................................................... 12 

13. WORK HEALTH AND SAFETY ............................................................................................... 12 

14. REIMBURSEMENT OF REASONABLE TRAVEL COSTS ..................................................... 13 

15. DOMESTIC/FAMILY VIOLENCE ............................................................................................. 13 

16. PRE-EMPLOYMENT SCREENINGS ....................................................................................... 14 

17. JOB AND PERSON SPECIFICATION .................................................................................... 14 

18. JOB PLANNING ....................................................................................................................... 14 

19. TERM APPOINTMENTS .......................................................................................................... 14 

20. NOTICE OF TERMINATION BY EMPLOYEE ......................................................................... 15 

21. INDUSTRIAL DISPUTE RESOLUTION ................................................................................... 15 

22. NO EXTRA CLAIMS ................................................................................................................ 16 

23. REVIEWS ................................................................................................................................. 16 

24. INJURY AND INCOME PROTECTION.................................................................................... 16 

25. NOT TO BE USED AS A PRECEDENT .................................................................................. 16 

PART C: PROVISIONS APPLYING TO CONSULTANTS ................................................................... 16 

26. DEFINITIONS ........................................................................................................................... 16 

27. HOURS OF DUTY .................................................................................................................... 17 

28. HOURS FREE OF DUTY ......................................................................................................... 17 

29. ATTRACTION AND RETENTION ALLOWANCES ................................................................. 17 



SMOEA 2021      Page 2 of 55 

 

30. FLEXIBLE HOURS ARRANGEMENT (VOLUNTARY) ........................................................... 19 

31. SHIFT PENALTIES .................................................................................................................. 21 

32. PUBLIC HOLIDAYS ................................................................................................................. 21 

33. ANNUAL LEAVE ...................................................................................................................... 21 

34. REMOTE CALL ........................................................................................................................ 22 

35. PART-TIME EMPLOYEES IN THE CONSULTANT GROUP ................................................. 23 

36. CONSULTANTS REQUIRED TO PARTICIPATE ON MORE THAN ONE REMOTE CALL 
ROSTER ................................................................................................................................... 23 

37. RECALL ................................................................................................................................... 23 

38. IMMEDIATE RECALL .............................................................................................................. 24 

39. REIMBURSEMENT OF TRAVEL COSTS ASSOCIATED WITH RECALL ............................ 25 

40. TELEPHONE CALLS AND TELEMEDICINE .......................................................................... 25 

41. PRIVATE PRACTICE ............................................................................................................... 26 

42. SALARY PROGRESSION ....................................................................................................... 26 

43. CONTINUOUS DUTY ALLOWANCE ...................................................................................... 26 

44. COMMITMENT TO RESEARCH .............................................................................................. 27 

45. PROFESSIONAL DEVELOPMENT ......................................................................................... 27 

PART D: PROVISIONS SPECIFIC TO THE MEDICAL OFFICERS (AS DEFINED IN THE AWARD) 27 

46. APPOINTMENT AND CLASSIFICATION ............................................................................... 27 

47. PROFESSIONAL DEVELOPMENT ......................................................................................... 27 

48. REMOTE CALL ........................................................................................................................ 27 

49. RECALL ................................................................................................................................... 27 

50. ANNUAL LEAVE ...................................................................................................................... 28 

51. OTHER CONDITIONS OF EMPLOYMENT ............................................................................. 28 

PART E: PROVISIONS SPECIFIC TO THE MEDICAL PRACTITIONER GROUP [MPG] ................. 28 

52. DEFINITIONS ........................................................................................................................... 28 

53. PROGRESSION ....................................................................................................................... 30 

54. PART-TIME EMPLOYEES IN THE MEDICAL PRACTITIONER GROUP .............................. 30 

55. HOURS OF DUTY .................................................................................................................... 30 

56. HOURS FREE OF DUTY ......................................................................................................... 31 

57. ROSTER CHANGEOVERS ..................................................................................................... 31 

58. SHIFT LENGTHS ..................................................................................................................... 31 

59. OVERTIME ............................................................................................................................... 32 
FULL TIME EMPLOYEES ........................................................................................................ 32 
PART-TIME EMPLOYEES ....................................................................................................... 32 
COMMENCING OR CEASING EMPLOYMENT PART-WAY THROUGH A PAY PERIOD .... 32 
PROTOCOL FOR AUTHORISATION OF NON-ROSTERED OVERTIME .............................. 32 

60. ON CALL .................................................................................................................................. 33 
PROXIMATE CALL ................................................................................................................... 33 
REMOTE CALL ........................................................................................................................ 34 

61. RECALL ................................................................................................................................... 34 

62. REIMBURSEMENT OF TRAVEL COSTS ASSOCIATED WITH RECALL ............................ 35 

63. PHYSICAL FACILITIES ........................................................................................................... 35 



SMOEA 2021      Page 3 of 55 

 

64. TELEPHONE CALLS AND TELEMEDICINE .......................................................................... 36 

65. HIGHER QUALIFICATION ALLOWANCE .............................................................................. 36 

66. WEEKEND PENALTIES .......................................................................................................... 36 

67. SHIFT PENALTIES .................................................................................................................. 36 

68. PUBLIC HOLIDAYS ................................................................................................................. 36 

69. ANNUAL LEAVE ...................................................................................................................... 37 

70. MEAL BREAKS ....................................................................................................................... 38 

71. ROSTERS ................................................................................................................................ 38 

72. SICK LEAVE ............................................................................................................................ 38 

73. PROFESSIONAL DEVELOPMENT ......................................................................................... 39 

74. TRAINING ................................................................................................................................ 40 

SCHEDULE 1: SALARIES (FOR EMPLOYEES WITH ACCESS TO THE GENERAL PUBLIC SECTOR 
SALARY SACRIFICE SCHEME) ............................................................................................. 42 
1.1Consultants .......................................................................................................................... 42 
1.2 Medical Officers (as defined) .............................................................................................. 43 
1.3 Medical Practitioner Group ................................................................................................. 44 

SCHEDULE 2: SALARIES (FOR EMPLOYEES WITH ACCESS TO THE MEDICAL OFFICER 
SPECIFIC SALARY SACRIFICE SCHEME) ........................................................................... 45 
2.1 Consultants ......................................................................................................................... 45 
2.2 Medical Officers (as defined) .............................................................................................. 46 
2.3 Medical Practitioner Group ................................................................................................. 47 

SCHEDULE 3: ALLOWANCES ............................................................................................................ 48 
3.1 Managerial Allowances ....................................................................................................... 48 
3.2A Remote Call Allowances .................................................................................................. 48 
3.2B Remote Call Allowances .................................................................................................. 48 

SCHEDULE 4: RECALL &amp; IMMEDIATE RECALL: ADDITIONAL PAYMENTS FOR CONSULTANTS49 
Recall  ..................................................................................................................................... 49 
Immediate Recall ...................................................................................................................... 49 

SCHEDULE 5: INJURY AND INCOME PROTECTION PRINCIPLES ................................................. 51 

 



SMOEA 2021      Page 4 of 55 

 

PART A: PRELIMINARY 

1. ENTERPRISE AGREEMENT 

1.1 This Agreement is made pursuant to the Fair Work Act 1994 (Chapter 3, Part 2) and will have effect 
only if approved by the South Australian Employment Tribunal. 

1.2 This Agreement may be referred to as the  SA Health Salaried Medical Officers Enterprise 
Agreement 2021 . 

1.3 The term of this Agreement shall be for a period commencing on the date of approval of this 
Agreement by the South Australian Employment Tribunal and nominally expiring three years from 
the date of approval.  

1.4 Negotiations for a new Enterprise Agreement may commence not earlier than 6 months prior to the 
expiry of this Agreement. 

1.5 This Agreement is to be read and interpreted in conjunction with the South Australian Medical 
Officers Award. 

2. PARTIES BOUND 

2.1 Subject to clause 2.2, this Agreement is binding upon: 

2.1.1 The Chief Executive, Department of Treasury and Finance (as the declared public 
employer under the Fair Work Act 1994) and the Chief Executive, Department for Health 
and Wellbeing in relation to employees bound by this Agreement. 

2.1.2 Employees covered by the South Australian Medical Officers Award, as detailed in 
Schedule 1 and 2 whether members of an association or not; and 

2.1.3 The Association. 

2.2 This Agreement is not binding on: 

2.2.1 Those persons employed pursuant to the SA Health Visiting Medical Specialists 
Enterprise Agreement 2019, or its successor. 

2.2.2 Those persons employed pursuant to the SA Health Senior Visiting Neurosurgeons 
Agreement 2013, or its successor. 

2.2.3 Those persons employed pursuant to the SA Health Clinical Academics Enterprise 
Agreement 2018, or its successor. 

2.2.4 The University of Adelaide and employees thereof. 

2.2.5 The Flinders University of South Australia and employees thereof. 

2.3 For the purpose of this Agreement the Enterprise is defined as the Department for Health and 
Wellbeing, all hospitals incorporated under the Health Care Act 2008, SA Ambulance Service and 
the employees bound by this Agreement. 

3. DEFINITIONS 

3.1 In this Agreement, unless the contrary intention appears: 

 

 Act  Means the Fair Work Act 1994; 

 approval  Means approval by the South Australian Employment Tribunal;  

 Association  Means the South Australian Salaried Medical Officers 
Association; 

 Award  Means the South Australian Medical Officers Award; 

 Consultant  Means those employees employed as Consultants or Senior 
Consultants as defined in Part C of this Agreement; 

 DHW  Means the Department for Health and Wellbeing; 

 employee  Means an employee bound by this Agreement; 

 employing authority  Means the applicable employer bound by this Enterprise 



SMOEA 2021      Page 5 of 55 

 

Agreement, or delegate thereof; 

 GPSSSS  Means General Public Sector Salary Sacrifice Scheme; 

 SA Health  Means the South Australian public health sector and 
includes DHW, health units and health unit sites; 

 SAET  Means the South Australian Employment Tribunal; 

 health unit  Means an incorporated hospital or SA Ambulance Service as 
defined in the Health Care Act 2008. Health Networks are 
incorporated hospitals; 

 health unit site  Means a site at which the activities of an incorporated hospital 
or SA Ambulance Service are undertaken;  

 HR Manual  Means the SA Health (Health Care Act) Human Resources 
Manual, or successor; 

 Medical Practitioner 
Group  

 MPG  has the same 
meaning 

Means those employees employed as Interns, Limited 
Registration Medical Practitioners, Medical Practitioners, 
Senior Medical Practitioners or Senior Registrars; or a single 
member of that group as defined in Part E of this Agreement; 

 MOSSSS  Means Medical Officer Specific Salary Sacrifice Scheme; 

 this Agreement  Means the SA Health Salaried Medical Officers Enterprise 
Agreement 2021. 

 

PART B: PROVISIONS APPLYING TO ALL EMPLOYEES 

4. OBJECTS, COMMITMENTS AND ONGOING IMPROVEMENT 

4.1 The objects of this Agreement are to enable SA Health and employees party to this Agreement to 
be, and contribute to, a dynamic, productive, flexible and responsive health service; to meet the 
service delivery objectives of SA Health; and to support and develop a capable, flexible and mobile 
medical workforce. 

4.2 The parties acknowledge that the provision of health services in South Australia is subject to 
ongoing development and restructuring to pursue and provide quality public health services and 
outcomes; and acknowledge the importance of the whole of state reform agenda articulated in the 
South Australian Health and Wellbeing Strategy 2020-2025 (and successor policies and 
objectives). 

4.3 The parties are committed to engaging effectively in ongoing improvement; clinical change and 
workforce reform initiatives to achieve ongoing health service improvements in productivity and 
efficiencies consistent with the objectives of SA Health s Strategy, state-wide Service/Clinical 
Network plans and Model of Care initiatives. This includes the identification and implementation of 
measures and initiatives to improve: safety and quality of care; productivity; efficiency; workforce 
flexibility, development and performance; the health of Aboriginal people; and primary, mental 
health and hospital care; and to develop and implement integrated state-wide and/or health network 
services. 

4.4 The parties acknowledge the fundamental importance of the need to promote, support and 
establish medical leadership within the workplace and the associated need to establish broad 
medical officer and employer partnerships based on good faith, mutual respect and constructive 
engagement. 

4.5 Accordingly, the parties will actively promote and encourage open discussions, collegial and 
collective responses to workplace challenges and issues. 

4.6 The parties recognise that medical officers are bound by their ethical and professional obligations 
whose primary duty is to make the care of patients their first concern and to practice medicine 
safely and effectively. 

5. CONSULTATION 

5.1 The parties commit to the following consultative principles: 



SMOEA 2021      Page 6 of 55 

 

5.1.1 Consultation involves the sharing of information and the exchange of views between the 
employing authority and employees and their representatives and the genuine 
opportunity for them to contribute effectively to any decision-making process. 

5.1.2 The employing authority will consult in good faith, not simply advise what will be done. 

5.1.3 It is an accepted principle that effective workplace relationships can only be achieved if 
appropriate consultation between the parties occurs on a regular basis. 

5.1.4 Workplace change that will affect a significant number of employees should not be 
implemented before appropriate consultation has occurred with employee 
representatives. 

5.1.5 Employee representatives will be given the opportunity to adequately consult with the 
people they represent in the workplace, in relation to any proposed changes that may 
affect employees  working conditions or the services employees provide. 

6. SALARY 

6.1 The salaries payable to employees are detailed in Schedule 1 (GPSSSS employees) and 2 
(MOSSSS employees) as applicable.  The Schedules provide for salaries that will operate from the 
first full pay period to commence on or after: 14 April 2021; 14 April 2022; 14 April 2023 and 14 
April 2024. 

7. CASUAL EMPLOYEES 

7.1 This clause operates in lieu of clause 3.1.2 of the Award. 

7.2 A casual employee: 

7.2.1 Is an employee who is employed on an hourly basis for less than one calendar month or 
employed on an hourly basis for a period in excess of one month and the hours of duty 
are not fixed and constant. 

7.2.2 Will be engaged for a minimum of three hours at the rate of pay specified in subclause 
7.3. 

a) Will be paid a casual loading in lieu of annual leave, sick leave and payment for 
public holidays not worked at the rate of 25%.  

7.3 A casual employee whose experience and qualifications accords with a classification in Column 1 
will be paid an hourly rate derived from the salary in Schedule 1, or Schedule 2 if applicable, for the 
Step in Column 2. 

 Column 1 Column 2 

Medical Practitioner Group 
Medical Practitioner Step 7 

Senior Medical Practitioner Step 2 

Consultant 
Consultant Step 2 

Senior Consultant Step 9 

 

7.4 The Step from which the casual employee s hourly rate is derived is not relevant for other than that 
purpose. That is, it is not relevant to incremental progression or increment determination. 

7.5 Penalty Payments for Casual Employees 

7.5.1 A Consultant engaged on a casual basis in Accident and Emergency, Intensive Care Unit 
and MedSTAR will be paid shift penalties in accordance with clause 31 of this Agreement 
as applicable, provided that such casual Consultant works on a full-day public holiday or 
a part-day public holiday, they will be entitled to 150% of their hourly rate plus the casual 
loading for all hours worked on the full day public holiday or the part day public holiday. 

7.5.2 A Consultant engaged on a casual basis who works under a Flexible Hours Arrangement 
will be paid the applicable additional payment as provided in Clause 30 of this 
Agreement, provided that if such casual Consultant works on a full-day public holiday or a 
part-day public holiday, they will be entitled to 150% of their hourly rate plus the casual 
loading for all hours worked on the full day public holiday or the part day public holiday. 



SMOEA 2021      Page 7 of 55 

 

7.5.3 Except as provided in this sub-clause, Casual Consultants will not be paid any additional 
penalty or shift payments. 

7.5.4 A casual MPG employee will be paid Weekend and Shift Penalties in accordance with 
clauses 66 and 67 of this Agreement as applicable, provided that if such casual MPG 
works on a full-day public holiday or a part-day public holiday, they will be entitled to 
150% of their hourly rate plus the casual loading for all hours worked on the full day 
public holiday or the part day public holiday. 

7.5.5 When calculating additional shift payments for casual employees, the shift payment must 
be calculated on the relevant hourly rate of pay. 

8. SALARY PACKAGING ARRANGEMENTS 

8.1 This clause applies for the period an employee enters into a Salary Sacrifice Agreement (SSA) that 
enables salary packaging arrangements to be put in place pursuant to one or other of the salary 
sacrifice schemes in this clause. 

8.2 For the purposes of, and subject to, this clause, salary for the purpose of calculating the amount 
which may be salary sacrificed will include, where applicable, all salaries, penalties and allowances 
paid to employees pursuant to the Award and this Agreement and all other allowances and 
loadings established as at 21 January 2004.  Other allowances and loadings established after 21 
January 2004 may only be included as salary for the purposes of salary sacrifice by express 
agreement between the Association and DHW. 

GENERAL PUBLIC SECTOR SALARY SACRIFICE SCHEME (GPSSSS) 

8.3 New employees, and those who commenced employment on or after 28 November 2003, will have 
access only to GPSSSS. 

8.4 A feature of GPSSSS is that employees are liable for any applicable fringe benefits tax. 

8.5 This clause applies for the period an employee enters into a SSA. A SSA is the formal 
administrative instrument between the employing authority and the employee that enables salary 
sacrifice arrangements to be put in place. 

8.5.1 Subject to this clause, the salary payable to an employee, or applicable to a position 
where the occupant elects to enter into a SSA, pursuant to this Agreement, will be the 
salary payable under the SSA, notwithstanding any other provision in, or Schedule of the 
Agreement. 

8.5.2 Any entitlement to payment of overtime, leave loading, shift allowance, weekend 
penalties and other allowances/payments will be based on the salary that would have 
been payable had the employee not entered into a SSA. 

8.5.3 Where, on cessation of employment, the employing authority makes a payment in lieu of 
notice; or a payment in respect of accrued recreation or long service leave entitlements 
the payment thereof shall be based on the salary that would have been payable had the 
employee not entered into a SSA. 

8.6 Employees, other than those who remain in MOSSSS, will receive the applicable salary detailed in 
Schedule 1. 

MEDICAL OFFICER SPECIFIC SALARY SACRIFICE SCHEME (MOSSSS) 

8.7 MOSSSS is closed to new members. Employees who are in MOSSSS will remain in MOSSSS 
unless they transfer to GPSSSS pursuant to clause 8.11 or 8.12.  MOSSSS employees will receive 
the applicable salaries as detailed in Schedule 2. 

8.8 For employees who are in the MOSSSS, the following conditions apply: 

8.8.1 This clause applies for the period an employee enters into a SSA.  A SSA is the formal 
administrative instrument between the employer and the employee that enables salary 
packaging arrangements to be put in place. 

8.8.2 An employee may elect to sacrifice not more than 30% of his/her salary. 

8.8.3 For the purposes of this sub-clause 8.8,  salary  does not include the Attraction and 
Retention Allowance in clause 29 provided that where an employee is in receipt of an 
Attraction and Retention allowance under clause 29 and had been in receipt of an  other 
allowance or loading established as at 21 January 2004  (see sub-clause 8.2) that was 



SMOEA 2021      Page 8 of 55 

 

absorbed into or substituted by the Attraction and Retention Allowance,  salary  for that 
employee will include the applicable percentage described in Column 2 of sub-clause 
26.2 of the Department of Health Salaried Medical Officers Enterprise Agreement 2008 or 
the percentage above 100% (or 1.0) resulting from the formula in clause 26.3 of the 
Department of Health Salaried Medical Officers Enterprise Agreement 2008.  For the 
purposes of this sub-clause, the references to clause 26 of the 2008 Agreement will apply 
notwithstanding any rescission or supersession of that 2008 Agreement. 

8.8.4 Where an employee:  

a) Enters into a SSA with an employing authority and utilises a Fringe Benefits Tax 
(FBT) exemption approved by the Australian Taxation Office, the employing authority 
will meet any FBT for which the employing authority is liable pursuant to relevant 
taxation legislation and rulings, arising from, or in respect of, that SSA; or 

b) Enters into a SSA with an employing authority and utilises an FBT exemption 
approved by the Australian Taxation Office, the employee will indemnify the 
employing authority against any non FBT liability whatsoever arising from, or in 
respect of, that SSA. 

c) For the purposes of this clause, FBT exemption means the capped level of FBT 
exemption which may arise pursuant to s57(A) of the Fringe Benefits Tax 
Assessment Act 1986 where: 

i) The relevant employee s employment duties are exclusively performed in, or in 
connection with, a public hospital; or 

ii) The relevant employee s employer provides public ambulance services or 
services that support those services and the employee is predominantly involved 
in connection with the provision of those services. 

8.8.5 Notwithstanding any other provision or Schedule of this Agreement, where an employee 
has entered into a SSA the salary payable to that employee, or applicable to his/her 
position, will be the balance of monies payable under the SSA. 

8.8.6 For the purposes of clause 8.8: 

a)  Relevant legislation and rulings  means any legislation and includes, but is not 
limited to the Income Tax Assessment Act 1936 and the Income Tax Assessment 
Act 1997 and the Fringe Benefits Tax Assessment Act 1986 and Taxation Rulings; 

b)  Taxation liability  means any liability of any description that may be incurred 
pursuant to a Taxation Act however so described.  

8.9 An employee who is employed on a temporary contract, who continues to participate in MOSSSS 
and who is employed on a subsequent contract(s) which commences immediately following the 
cessation of the previous contract(s) will, unless they elect to transfer to GPSSSS, continue to 
participate in MOSSSS. 

8.10 The conditions detailed in clause 8.4 relating to GPSSSS will not apply to employees who remain in 
MOSSSS. 

8.11 An employee may elect to transfer from MOSSSS to GPSSSS within 3 months following approval 
of this Agreement. 

8.12 An employee may also elect to transfer from MOSSSS to GPSSSS effective on 1 April 2022, 
1 April 2023 and 1 April 2024.  Employees electing to do so must give sufficient notice to the 
employing authority prior to the relevant date. 

9. MANAGERIAL ALLOWANCES  

9.1 Clause 4.3.2 of the Award will apply to Consultants and Senior Medical Practitioners, other than 
casual employees, as applicable.  However, clause 4.3.2.4 of the Award will not apply to Senior 
Medical Practitioners. 

9.2 Managerial Allowances described in the Award at clause 4.3.2 will increase as detailed in 
Schedule 3.1. 

9.3 All managerial appointments will be made with a minimum period of 1 year, up to a maximum of 
5 years, with the option of either party to withdraw from the appointment by giving 3 months  notice. 



SMOEA 2021      Page 9 of 55 

 

10. RELOCATION EXPENSES 

10.1 The employing authority will reimburse relocation expenses to employees in accordance with Part 
8-7 of the HR Manual as varied from time to time. 

11. WORKPLACE FLEXIBILITY 

11.1 The parties agree that an employing authority may negotiate and reach agreement at a workplace 
level (e.g. health unit, health unit site or unit within such site) with employees within that workplace 
on more flexible employment arrangements that will better meet the operational needs of the 
workplace having regard to the needs of employees (including taking into account employees  
family and other non-work responsibilities). 

11.2 This clause applies to a proposal by the employer or employee/s within a workplace to negotiate 
and agree flexible employment arrangements, including hours of work, to operate within a 
workplace   a Workplace Flexibility Proposal (WFP). 

11.2.1 Where the employer or employees intend to initiate a WFP, the initiator will notify the 
employer or employee/s (as applicable) within the workplace likely to be affected, of the 
terms of the proposal and the manner in which it is intended to operate.  The employer 
will provide this information to the Association and will consult with the Association and 
affected employee(s) in accordance with the consultative principles in this Agreement. 

11.2.2 Consultation in respect of a WFP will have regard to:  

? Operational efficiency and productivity; 

? Work and non-work impacts on individual affected employees;  

? The health and safety of worker and workplaces; and 

? Whether the WFP has policy implications across SA Health.  

Where such policy implications arise, affected employee/s or the employer will refer the 
WFP to DHW. 

11.2.3 Where a majority of affected employees agree (whether by ballot or otherwise) to a WFP, 
the employment arrangement agreed will be provided in writing as a Workplace Flexibility 
Agreement (WFA) specifying: 

? The unit where the proposal will apply; 

? The date of commencement of the varied arrangements; 

? Minimum staffing levels to be maintained by the employer for the purposes of the 
proposal; 

? A date of review for the agreed arrangements; and  

? Any other agreed matter relating to the proposal. 

11.2.4 The WFA will apply as if incorporated as a Schedule to this Agreement. 

11.2.5 A party may apply to vary this Agreement to add any WFA as a Schedule to remove any 
uncertainty in the operation of this clause in giving effect to any such WFA.  The parties 
agree that any such WFA will operate only in respect of the employing authority and 
workplace specified within the Schedule. 

11.3 Nothing in this clause will allow shift lengths greater than 14 hours duration to be agreed for MPG 
employees. 

12. WORKLIFE FLEXIBILITY 

VOLUNTARY FLEXIBLE WORKING ARRANGEMENTS 

12.1 The parties acknowledge the mutual benefit to the employing authority and employee of Voluntary 
Flexible Working Arrangements (VFWA) to balance work and other (including family) commitments. 

12.1.1 The employing authority will consider an employee s request to participate in a VFWA 
having regard both to the operational needs of the health unit, health unit site or unit 
within such a site, and the employee s circumstances. 

12.1.2 This clause applies for the period an employee participates in a VFWA. 

a) Subject to this clause, the salary payable to an employee, or applicable to a position, 
where the employee elects to participate in a VFWA, will be adjusted to take account 
of the VFWA in which the employee is participating, notwithstanding any other 
provision in, or Schedule of, this Agreement or Award. 



SMOEA 2021      Page 10 of 55 

 

b) Where an employee is participating in a Purchased Leave type of VFWA, the rate of 
pay to be used for calculating overtime payments, leave loading, shift penalties or 
other allowances/payments will be the rate of pay that would have been payable had 
the employee not been participating in the Purchased Leave arrangement. 

c) Where, on cessation of employment, the employing authority makes a payment in 
lieu of notice; or a payment in respect of accrued recreation or long service leave 
entitlements, the payment thereof (or the transferred leave credits) shall have regard 
to any period/s in which the employee participated in a VFWA and be adjusted 
accordingly. 

FAMILY CARERS LEAVE 

12.2 For the purposes of this clause, the following are to be regarded as members of a person s family: 
a spouse (including a de facto spouse or former spouse); a child or step child; a parent or parent in-
law; any other member of the person s household; a grandparent or grandchild; any other person 
who is dependent on the person s care. 

12.3 An employee, other than a casual employee, with responsibilities in relation to a member of the 
employee s family who need the employee s care and support due to personal injury or for the 
purposes of caring for a family member who is sick and requires the employee s care and support 
or who requires care due to an unexpected emergency, is entitled to access their accrued sick 
leave entitlement in any completed year of continuous service (pro rata for part-time employees) to 
provide care and support for such persons when they are ill; 

12.4 This access is available if the following conditions are satisfied: the employee must have 
responsibility for the care of the family member concerned; and the employee produces satisfactory 
evidence of sickness of the family member, if requested; 

12.5 The ability to access this leave does not in any way limit an employee s right to apply for special 
leave in accordance with arrangements provided elsewhere for this leave.  

PAID MATERNITY/ADOPTION/SURROGACY LEAVE 

12.6 Paid maternity leave, paid adoption leave and paid leave to enable parent-child relationships 
through surrogacy parenting applies in accordance with this clause. For the purpose of this clause 
maternity and adoption leave includes a parent taking primary caring responsibility (parent-child 
relationship) as a consequence of a surrogacy arrangement.   

12.7 Subject to this clause, an employee, other than a casual employee, who has completed twelve (12) 
months continuous service immediately prior to the birth of the child, or immediately prior to taking 
custody of an adopted child (as applicable), is entitled to: sixteen (16) weeks paid maternity leave 
or adoption leave (as applicable) ( the applicable maximum period ).  Adopted child  means a child 
under 16 years of age. 

12.8 An employee, who at the time of commencing such paid maternity or adoption leave, has been 
employed in the SA public sector for not less than five (5) years (including any periods of approved 
unpaid leave), will be entitled to twenty (20) weeks ( the applicable maximum period ). 

12.9 The following conditions apply to an employee applying for paid maternity or paid adoption leave 
under this clause: 

12.9.1 The total of paid and unpaid maternity/adoption/parental/special leave is not to exceed 
104 calendar weeks in relation to the employee s child. For the purposes of this clause, 
child includes children of a multiple birth/adoption/surrogacy. 

12.9.2 An employee will be entitled to the applicable maximum period, paid at the employee s 
ordinary rate of pay (including the Managerial Allowance, Attraction and Retention 
Allowance and Continuous Duty Allowance, but otherwise excluding allowances, 
penalties or other additional payments) from the date maternity/adoption/surrogacy leave 
commences. The paid maternity/adoption/surrogacy leave is not to be extended by full-
day or part-day public holidays, rostered days off, programmed days off or any other 
leave falling within the period of paid leave. 

12.10 At the time of applying for paid maternity/adoption/surrogacy leave, the employee may elect in 
writing: 

12.10.1 To take the paid leave in 2 periods split into equal portions during the first 12 months of 
the commencement of their paid leave; or 



SMOEA 2021      Page 11 of 55 

 

12.10.2 To take the paid leave at half pay in which case, notwithstanding any other clause of this 
Agreement, the employee will be entitled, during the period of leave, to be paid at half the 
ordinary rate of pay (including the Managerial Allowance, Attraction and Retention 
Allowance and Continuous Duty Allowance, but otherwise excluding allowances, 
penalties or other additional payments) from the date maternity/adoption/surrogacy leave 
commences; or 

12.10.3 A combination of 12.10.1 and 12.10.2. 

12.11 Part-time employees will be entitled to the same provisions as full time employees, but paid on a 
pro rata basis according to the average number of contracted hours during the immediately 
preceding 12 months (disregarding any periods of leave). 

12.12 During periods of paid or unpaid maternity leave, sick leave with pay will not be granted for a 
normal period of absence for confinement. However, any illness arising from the incidence of the 
pregnancy may be covered by sick leave to the extent available, subject to the usual provisions 
relating to the production of a medical certificate and the medical certificate indicates that the illness 
has arisen from the pregnancy. 

12.13 Where both prospective parents are employees covered by this Agreement; or if the other 
prospective parent is an employee of SA Health who is taking paid leave in accordance with this 
clause (i.e. the other prospective parent is not covered by this Agreement but is employed by SA 
Health), the period of paid maternity/adoption/surrogacy leave (as applicable) may be shared by 
both employees, provided that the total period of paid maternity or adoption leave does not exceed 
the applicable maximum period and that the leave is taken in periods of not less than four weeks 
and has regard to the operational needs of SA Health.  Parents who are employees of SA Health 
but are covered by different enterprise agreements may only share a period of paid maternity or 
adoption leave arising under one or other enterprise agreement (i.e. it is not intended that a public 
sector employee would somehow have access to more than one entitlement to paid 
maternity/adoption/surrogacy leave in respect of a child/ren).  

12.14 The entitlements in this clause will be in addition to the federal Paid Parental Leave Act 2010 (Cth) 
(as amended from time to time). 

PAID PARTNER LEAVE  

12.15 Subject to this clause, an employee (other than a casual employee) is entitled to access up to two 
calendar weeks (ie 10 working days, or the equivalent in hours) of their accrued sick leave 
entitlement on the birth or adoption of a child/ren for whom the employee has direct parental care 
responsibility. The leave will be taken within 3 months of the birth or adoption of the child/ren. 

12.16 It is not intended that this paid partner leave entitlement will detract from any more beneficial 
entitlement or arrangement applicable within a health unit or DHW as at the commencement of this 
clause (i.e. an  existing arrangement ). An employee can make use of that existing arrangement or 
the paid partner leave, but not both.  

12.17 Except in relation to an existing arrangement; health unit or DHW-specific paid partner leave policy; 
or a requirement of this clause, the administrative arrangements for taking this leave will generally 
be as applicable to Family Carer s Leave.   

12.18 The ability to access Paid Partner Leave does not in any way limit an employee s right to apply for 
the full entitlement to Family Carer s Leave as provided for in sub-clauses 12.2-12.5 of this 
Agreement. 

RETURN TO WORK ON A PART-TIME BASIS 

12.19 An employee, other than a casual employee, is entitled to return to work after maternity or adoption 
leave on a part-time basis, at the employee s substantive level, until the child s second birthday. 

12.20 The following conditions apply to an employee applying to return on a part-time basis: 

12.20.1 The employee will provide such request at least 6 weeks prior to the date on which the 
employee s maternity or adoption leave is due to expire, and will provide the employing 
authority such information as may reasonably be required, including the proportion of 
time sought, and the date of the relevant child s second birthday. 

12.20.2 At least 6 weeks prior to the relevant child s birthday, the employee will advise the 
employing authority, whether the employee will revert to employment on a full time basis 
or seeks to continue to be employed on a part-time basis. 



SMOEA 2021      Page 12 of 55 

 

12.20.3 An employee s return to work part-time will be on a non-discriminatory basis so as to 
operate in the same manner as any other employee returning from a period of leave. 

REIMBURSEMENT OF REASONABLE CHILD CARE COSTS 

12.21 Where an employee, other than a casual employee, is given less than 24 hours prior notice that the 
employee is to work outside their rostered or required hours, and consequently the employee 
utilises paid child care, the employing authority will reimburse the reasonable child care costs 
incurred by the employee arising from performing such work, subject to this clause. 

12.21.1 The prior period of 24 hours is to be calculated from the time at which the work is to 
begin. 

12.21.2 The work, or the hour/s to be worked, is not part of a regular or systematic pattern of work 
or hour/s performed by the employee. 

12.21.3 The reimbursement will be in respect of the reasonable costs incurred by the employee in 
respect of the work. 

12.21.4 Reimbursement will be made for child care costs in respect of Registered Care or 
Approved Care after all other sources of reimbursement have been exhausted. Where 
the child care costs are incurred for child care not in a registered or approved centre, 
reimbursement will be made in accordance with a child care reimbursement rate, and 
guidelines, published from time to time in the HR Manual. 

12.21.5 The employee will provide the employing authority with a Child Benefit Claim form for 
either Registered Care or Approved Care, tax invoice/receipt, or other supporting 
documentation as may from time to time be required detailing the cost incurred, or 
reimbursement sought, in respect of the work. 

12.21.6 For the purposes of this clause, a reference to work is a reference to the work outside the 
employee s rostered or required hours, or regular or systematic pattern of work or hour/s, 
for which less than 24 hours prior notice is given. Required hours do not include recall or 
immediate recall. 

EMPLOYEES WHO ARE BREASTFEEDING 

12.22 Employees who are breastfeeding shall be provided with reasonable facilities and support 
necessary to enable them to combine the continuation of breastfeeding with their 
employment, unless it can be established it is not practicable to do so. 
 

12.23 Agencies will provide employees a flexible paid time working schedule in order to 
breastfeed or use alternative arrangements including expressing breast milk or bottle 
feeding their child. 
 

12.24 Agencies will provide access to an appropriate clean, hygienic and private space to 
undertake these activities. 
 

12.25 The parties recognise that the needs of each parent and child will vary and the provision of 
the facilities and supports arising from the clauses above will vary according to those needs, as will 
the duration for the provision of these facilities and supports. 

13. WORK HEALTH AND SAFETY  

13.1 The parties are committed to, and acknowledge the mutual benefit to, and responsibility of, the 
employing authority and employees for maintaining a safe and healthy work environment in 
accordance with applicable legislation. 

13.2 The parties acknowledge their responsibilities under relevant legislation for duty of care both as an 
employer as well as an employee.  

13.3 The parties acknowledge the importance of respectful behaviour in the workplace and that 
disrespectful behaviour including bullying, harassment, sexual harassment, victimisation or 
discrimination will not be tolerated in the workplace. This message will be promoted through 
relevant employment policies and procedures. 

13.4 The parties will endeavour to achieve and maintain best practice in preventing and minimising 
workplace injuries and illness in order to:  



SMOEA 2021      Page 13 of 55 

 

13.4.1 Improve workplace health and safety 

13.4.2 Improve return to work performance; and 

13.4.3 Reduce human and workplace costs of injury or illness. 

The parties will work towards achieving and maintaining applicable work health and safety and 
injury management standards and practices, including: 

? Ensuring understanding of the importance of systematically managing WHS in all 
work activities and workplaces through consultative processes;  

? Supporting and engendering a safety culture within SA Health that promotes the 
adoption of safe work practices; 

? Achieving continuous improvement, and best practice, in work occupational health 
and safety and injury management performance; 

? A collaborative approach to identifying hazards, assessing risks and implementing 
reasonable measures to eliminate or minimise those risks;  

? Implementation and continuous improvement of monitoring and reporting systems; 

? The employer acknowledges the benefits both to the organisation and individual 
employees gained through employees having a balance between their work and 
personal life. 

13.5 In establishing and maintaining a safe and healthy work environment, the employing authority will 
not require an employee to have an unreasonable workload in the ordinary discharge of the 
employee s duties. 

13.6 If an employee or group of employees believe that there is an unreasonable allocation of work 
leading to employees being overloaded with work, the parties may institute the Industrial Dispute 
Resolution processes as set out in clause 21.4 of the SMOEA.  The dispute resolution process will 
address the employee s concerns and identify how workloads can be managed without creating 
unreasonable workloads. 

14. REIMBURSEMENT OF REASONABLE TRAVEL COSTS 

14.1 Where an employee is required to work in a manner which would be unsafe for the employee to 
drive home due to fatigue, the employee will be entitled to: 

14.1.1 Immediate access to a separate fully partitioned bedroom reasonably furnished including 
clean linen with adequate space for clothing; 

14.1.2 Provision for proper showering, bathing and toilet facilities; 

14.1.3 Reasonable provision of light foodstuffs and beverages and facilities for the preparation 
of such. 

14.2 Access to these facilities will be for a period of not less than 8 consecutive hours. 

14.3 Where these facilities are not available the employee will be entitled to travel home in a taxi at the 
employing authority s expense and where the employee uses their own transport, from home to 
work. 

14.4 Where an employee, other than a casual employee, works outside their rostered or required hours 
and the period of work starts and finishes outside the ordinary timetabled operating hours of public 
transport, the employee will be entitled to reimbursement of reasonable home to work or work to 
home (as applicable) travel costs, subject to this clause: 

14.4.1 The work or the hour/s to be worked is/are not part of a regular systematic pattern of work 
or hour/s performed by the employee. 

14.4.2 The employee ordinarily uses public transport. 

14.4.3 Reimbursement of reasonable taxi costs, or mileage at a rate determined from time to 
time as specified in the HR Manual. 

14.4.4 The employee will provide the employing authority with such tax invoice/receipt or other 
supporting documentation as may from time to time be required detailing the cost 
incurred or reimbursement sought. 

15. DOMESTIC/FAMILY VIOLENCE 

15.1 The Commissioner for Public Sector Employment has issued Determination 3.1 Employment 
Conditions   Hours of Work, Overtime and Leave, which includes Section F   Special Leave with 



SMOEA 2021      Page 14 of 55 

 

Pay and Leave Without Pay, which provides for access to special leave with pay for employees 
suffering from or escaping domestic/family violence.  Insofar as this Determination relates to 
Domestic/Family Violence, it applies to employees covered by this Agreement pursuant to 
Regulation 9(8) of the Public Sector Regulations 2010 (SA).  

16. PRE-EMPLOYMENT SCREENINGS 

16.1 The employing authority s duty to give care to patients/clients is acknowledged.  This duty of care 
includes a need to ensure, during the selection process, that prospective employees do not pose a 
potential threat to patients/clients and staff of the health unit/site. 

16.2 Information gathered by the employing authority must be relevant to a need to check and assess 
any risk factors and must remain confidential to the health unit/site and to the individual prospective 
employees and will not be provided to third parties. 

16.3 The prospective employee s consent will be obtained before seeking any such information. 

16.4 If further screenings are required by the employing authority or pursuant to a legislative requirement 
during the period of an employee s engagement, the reasonable costs associated with each such 
check will be borne by the employing authority. If an employee applies for a new position the 
employee will meet the cost/s of screening/s required in relation thereto. 

17. JOB AND PERSON SPECIFICATION 

17.1 All employees will be provided with a job and person specification relevant to their position, with 
such job and person specifications to be reviewed, in consultation with the relevant employee, at 
least every two years; or within the two year period, may be amended with the agreement of the 
employer and employee. 

18. JOB PLANNING 

18.1 Job planning is an annual process for Senior Medical Practitioners and Consultants that defines the 
agreed duties, responsibilities and objectives of a position for the coming year.  It provides clarity 
about the expectations, commitments and support required to achieve required outcomes, and 
ensures that resources are aligned with service priorities and plans.  The objectives of Job Planning 
include: 

18.1.1 Maximising quality outcomes.  

18.1.2 Balancing and meeting both the clinical and non-clinical obligations of Senior Medical 
Practitioners and Consultants. 

18.1.3 Providing a framework which supports team and employee/employer communication. 

18.1.4 Supporting the maintenance of competency and credentialing standards. 

18.1.5 Providing feedback to the Senior Medical Practitioner or Consultant to support individual 
performance review and development consistent with their job plan and job and person 
specification. 

18.2 The job plan must be agreed with the employee s clinical unit head and documented at least 
annually but may be reviewed as necessary with any changes to service delivery, position 
description, or significant changes in the employee s circumstances that may affect the employee s 
duties or the delivery of services.  

18.3 The job plan must reflect the average expected time to be spent by the SMP/Consultant on clinical 
and non-clinical duties and responsibilities. It is acknowledged that both clinical responsibilities and 
non-clinical duties and responsibilities form part of a SMP/Consultant s role. 

18.4 With agreement of affected SMPs/Consultants the job planning process can be undertaken on an 
aggregated basis and specific duties shared between those SMPs/Consultants. 

19. TERM APPOINTMENTS 

19.1 Subject to 19.2, permanent/ongoing employment is the preferred employment status. 

19.2 An employee (other than an employee employed as an Intern, Medical Practitioner or Senior 
Registrar) may be employed on a temporary basis in the following circumstances: 

? Backfill/coverage of leave (e.g. maternity/adoption leave, long service leave, leave 
without pay etc) or workers compensation absences; or 



SMOEA 2021      Page 15 of 55 

 

? Positions carrying out a project of limited duration (e.g. research project); or 

? Positions carrying out a specific task (e.g. undertaking a review); or 

? To fill externally funded positions, whereby funding is wholly or substantially by 
grants or payments from a government other than the State Government or from a 
private or community body; or 

? Positions for dealing with workload fluctuations; or 

? Where the outcome of a service/function review is pending; or  

? Managerial appointment in accordance with clause 9 of this Agreement; or 

? Other circumstances as may be agreed between the parties. 

20. NOTICE OF TERMINATION BY EMPLOYEE 

20.1 This clause is in lieu of clause 3.3.5 of the Award. 

20.2 In order to terminate employment: 

20.2.1 An employee, other than a Consultant, must give the employing authority at least two 
weeks notice. 

20.2.2 A Consultant must give the employing authority at least 6 weeks notice provided that a 
shorter period may be accepted at the discretion of the employing authority. 

21. INDUSTRIAL DISPUTE RESOLUTION 

21.1 This procedure aims to avoid industrial disputes, or where a dispute occurs, to provide a means of 
settlement based on consultation, cooperation and discussion and the avoidance of interruption to 
work performance. 

21.2 During any dispute, other than one involving a bona fide health and safety issue, the status quo 
existing immediately prior to the matter giving rise to the dispute will remain and work shall continue 
as it was prior to the dispute without stoppage or the imposition of any ban, limitation or restriction. 

21.3 No party shall be prejudiced as to final settlement by the continuance of work in accordance with 
this clause. 

21.4 Any grievance or dispute will be handled as follows: 

21.4.1 All parties have a right to seek representation in order to resolve any dispute. 

Stage 1 Discussions between the employee/s and supervisor/manager. 

Stage 2 Discussions involving the employee/s and nominated delegates with a 
management representative of the work unit. For health units, management 
representative means the Chief Executive Officer of the health unit or their 
delegate. 

Stage 3 Discussions involving nominated delegates with a representative of 
Workforce Division, Workforce Relations of DHW. 

21.4.2 A dispute will not be referred to the next stage until a genuine attempt to resolve the 
matter has been made at the appropriate level. 

21.5 There is to be a commitment by the parties to achieve adherence to this procedure including the 
earliest possible advice by one party to the other of any issue or problem that may give rise to a 
grievance or dispute.  Throughout all stages of the procedure all relevant facts are to be clearly 
identified and recorded. 

21.6 Sensible time limits will be allowed for the completion of the various stages of the discussions.  
Discussions outlined in stages (1) and (2) above will, if possible, take place within 24 hours after 
the request of the employees or the employee s representative. 

21.7 Emphasis is placed on reaching a negotiated settlement.  However, if the process is exhausted 
without the dispute being resolved, any party may refer the matter to the SAET.  In order to allow 
for peaceful resolution of grievances the parties will be committed to avoid industrial disputation 
while the procedures of negotiation and conciliation are being followed. 

21.8 The parties will ensure that all practices applied during the operation of the procedure are in 
accordance with safe working practices. 



SMOEA 2021      Page 16 of 55 

 

21.9 These procedures are for dealing with industrial disputes or likely industrial disputes and not for 
personal grievances. Personal grievances will in the first instance be dealt with pursuant to the HR 
Manual or Public Sector Act 2009 (as applicable). 

22. NO EXTRA CLAIMS 

22.1 This Agreement will be taken to have satisfied and discharged all claims of any description (whether 
as to monies or conditions, and whether on the basis of equity, attraction, retention, work value, 
special circumstances, market rates or otherwise) 

22.2 The salaries and rates of pay provided for in this Agreement are inclusive of all previously awarded 
safety net adjustments and all future increases during the term of this Agreement, arising out of 
State Wage Case or General Review of Award Wages and Minimum Standard for Remuneration 
(or its equivalent), decisions, including safety net adjustments, living wage adjustments or general 
increases, howsoever described. 

22.3 The employees and Association undertake that for the term of this Agreement, they will not 
individually, severally or collectively pursue any further or other claims except where consistent with 
State Wage Case principles, nor engage in, encourage or support any industrial action or activity 
adverse to, or that result in, disruption to the delivery of health services or limitation in the usual 
performance of duties, including threatened resignation in pursuit of any further or other claims. 

22.4 This clause does not preclude an application to the SAET being made by agreement between the 
employing authority and the Association to vary relevant clauses in line with clause 23 below, and 
any such agreed variation will be deemed by this Agreement to have been agreed by the parties to 
this Agreement. 

23. REVIEWS 

23.1 During the life of this Agreement, SA Health and the Association will undertake joint reviews of the 
following matters: 

23.1.1 Managerial Allowance criteria; 

23.1.2 Implementation of Models of Care; 

23.1.3 On call and recall (including telemedicine); and  

23.1.4 Job Planning (including non-clinical time); 

23.2 A matter arising from any of the abovementioned reviews which is agreed by the employing 
authority and the Association may become the subject of an agreed application to the SAET to vary 
this Agreement to give effect to the agreed matter. 

24. INJURY AND INCOME PROTECTION 

24.1 Additional income and injury protection will apply to employees in accordance with the Income and 
Injury Protection Principles set out at Schedule 5 of this Agreement, where entitlements under the 
Return to Work Act 2014 (SA) have ceased. 

25. NOT TO BE USED AS A PRECEDENT 

25.1 This Agreement shall not be used as a precedent in any manner whatsoever to obtain similar 
arrangements or benefits elsewhere in the South Australian Public Sector. 

 

PART C: PROVISIONS APPLYING TO CONSULTANTS 

26. DEFINITIONS 

26.1 Consultant 

26.1.1  Consultant  means an employee who has been granted specialist registration by the 
Medical Board of Australia and has been appointed as such by the employing authority. 

26.2 Senior Consultant  

26.2.1  Senior Consultant  means a Consultant who has at least four years experience in that 
specialty since obtaining the specialist qualification; or has incrementally progressed as a 
Consultant to level 5; or has been appointed as such by the employing authority. 



SMOEA 2021      Page 17 of 55 

 

26.2.2 For the purpose of this Agreement reference to a Consultant will mean a Consultant or 
Senior Consultant as defined. 

26.3 Hourly Rate 

26.3.1  Hourly Rate  for the purpose of provisions in relation to Consultants means the 
Consultant s annual salary as specified in Schedule 1.1 or 2.1 (as applicable) of this 
Agreement (plus the Managerial Allowance where applicable) calculated as a weekly 
amount divided by 37.5. 

27. HOURS OF DUTY 

27.1 Consultants have no fixed hours of duty.  The salary for Consultants takes into account teaching 
and research work undertaken and that no separate payments are made for overtime or weekend 
work, except as provided in clauses 30, 31, 37 and 38 of this Agreement. 

27.2 Clause 3.1.1.3 (ii), second sentence of the Award will not apply with the effect that there be no 
restriction on the minimum number of hours of engagement of a part-time Consultant. 

28. HOURS FREE OF DUTY 

28.1 A Consultant must have at least 8 consecutive hours off duty between the termination of required 
duty on one day and the commencement of required duty on the next day (required duty includes 
recall and immediate recall duty).  If such Consultants do not have at least 8 consecutive hours off 
duty, they must be released after completion of required duty until they have 8 consecutive hours 
off duty without loss of pay for required duty occurring during such absence. 

29. ATTRACTION AND RETENTION ALLOWANCES 

29.1 In this clause 29, a reference to a percentage will be taken as a reference to the percentage of the 
Consultant s annual salary specified in Schedule 1.1 or 2.1 as applicable to the Consultant. 

29.2 Subject to this clause 29, a Consultant, other than a casual Consultant, will be entitled to the 
following attraction and retention allowance: 

 

Emergency Medicine Consultant* and 
Paediatric Emergency Consultant**  

67%1 

MedSTAR Consultant*** 67% 

Anaesthetist 50% 

Intensive Care Unit Consultant 50% 

Rehabilitation Consultant# 37.5% 

Other Consultants 30% 

1 The parties acknowledge that this has regard to particular circumstances of not having 
access to private practice arrangements 

*  Fellow of the Australasian College for Emergency Medicine. 
** Fellow of the Royal Australasian College of Physicians, have recognised training in 

paediatric emergency medicine and is practising in paediatric emergency medicine in 
the emergency department of the applicable health unit site. 

***  Employed at MedSTAR; and is a Fellow of the Australasian College for Emergency 
Medicine; or Fellow of the Australian and New Zealand College of Anaesthetists; or 
Fellow of the College of Intensive Care Medicine; or other relevant specialist 
qualification as determined by the employing authority. The allowance will be paid pro-
rata to the time worked at MedSTAR provided that a Consultant will not be entitled to 
more than one allowance in respect of time worked.  

# A Rehabilitation Consultant may make an election under clause 29.7 to come within the 
category of  Other Consultants . 

29.3 The attraction and retention allowance: 

29.3.1 Is payable fortnightly with the per annum amount derived from the applicable percentage 
described in the table in clause 29.2 multiplied by the Consultant s annual salary as 
specified in Schedule 1.1 or 2.1 (as applicable) of this Agreement. 

29.3.2 Is payable proportionate to the Consultant s full time equivalent in the relevant specialty 
detailed in clause 29.2. 

29.3.3 Will not be used in the calculation of remote call, penalty and recall payments. 



SMOEA 2021      Page 18 of 55 

 

29.3.4 Is payable during periods of paid leave, although not for payment in lieu of leave on 
termination. 

29.3.5 Is not considered  Base Salary  for any private practice agreement (or applicable 
scheme) referred to in clause 41 of this Agreement. 

29.3.6 Does not derogate from earnings received by a Consultant in accordance with a private 
practice MOA and the Capped Private Practice. 

29.4 Payment of the attraction and retention allowance is conditional on: 

29.4.1 It absorbing, and operating in substitution for, any other allowance (except Remote Call 
and Managerial Allowances), the Continuous Duty Allowance and any over award or 
agreement payment, loading or allowance (except a private practice payment within the 
Capped Private Practice).  To the extent necessary, the terms of any individual contract 
of employment will cease and have no effect irrespective of when such contract was or is 
made (i.e. whether prior or during the life of this Agreement). 

29.4.2 Subject to the discharge of professional and clinical obligations, where a Consultant has 
entered or enters into a private practice MOA, the Consultant at all times making all 
reasonable and best efforts to exercise those private practice arrangements to the full 
extent permissible by law together with the consequent invoicing of private patients and 
not desisting from so doing, or diminishing such effort, when the Consultant achieves the 
cap applicable to the Consultant under the Capped Private Practice. 

29.4.3 The Consultant: 

29.4.4 Actively contributing to and participating in teaching junior medical staff, trainees and 
medical students; 

29.4.5 Being at the applicable health unit/s of the employing authority for the nominal days for 
which the Consultant is rostered and employed; 

29.4.6 Participating in clinical outcome measurement and reporting; 

29.4.7 Participating in risk management/governance activities; and 

29.4.8 Participating in performance development and appraisals. 

29.5 The parties agree that for the life of this Agreement the attraction and retention allowance 
addresses all current and future attraction and retention issue/s of any kind whatsoever, and that 
during the life of this Agreement no further allowance/loading/payment of any sort whatsoever will 
be sought by the Association or a Consultant (whether individually or collectively), or any agent 
acting or purporting to act on behalf of a Consultant/s, including Consultant/s within a particular 
College, specialty or group. 

29.6 The attraction and retention allowance payable under this clause will not be payable, or will cease 
to be payable, where the employing authority has received a written notification from the Consultant 
to the effect that the Consultant elects to instead: 

29.6.1 Retain access to a cap that exceeds the percentage specified in the  Capped 
Private Practice  table, which election cannot be withdrawn; or 

29.6.2 Participate in Scheme 2 of the DH Private Practice Agreement 2008 referred to in 
clause 41 of this Agreement, 

provided that any such election cannot be withdrawn, any attraction and retention allowance will 
cease on and from the time such election becomes effective such that at no time will a Consultant 
be entitled to the benefit of any more than one of 29.6.1, 29.6.2 or 29.2 hereof, and the obligations 
in sub-clauses 29.4 and 29.5 will continue to apply (the necessary changes having been made) to 
the Consultant. 

29.7 A Rehabilitation Consultant of sub-clause 29.2 may provide the employing authority with a written 
notification to the effect that the Rehabilitation Consultant elects to instead come within the 
category of  Other Consultants  for the purposes of this clause 29, provided that any such election 
cannot be withdrawn and will operate from the first full pay period commencing on or after receipt of 
the notification unless the Rehabilitation Consultant is commencing employment, in which case it 
will operate from commencement of employment. 

29.8 For the purposes of this clause: 



SMOEA 2021      Page 19 of 55 

 

29.8.1  private practice  and  private practice MOA  refers to Scheme One Capped Private 
Practice of the DH Salaried Medical Officers Private Practice Agreement 2008 (PPA 
2008) referred to in clause 41 of this Agreement, subject to the particular Consultant s 
arrangement being tax compliant.  It does not include Scheme 2 of the PPA 2008 referred 
to in clause 41 of this Agreement. 

29.8.2  private practice payment  means a payment received by the Consultant through a tax 
compliant private practice Scheme One Capped Private Practice of PPA 2008. 

29.8.3  Capped Private Practice  means Scheme One Capped Private Practice of the PPA 2008 
referred to in clause 41 of this Agreement, subject to the particular Consultant s 
arrangement being tax compliant. 

29.8.4  cap  means the percentage specified in this Capped Private Practice table, which 
applies to the applicable Consultant.   

29.8.5 The parties agree that this table may be varied by the SAET consequent on an 
application by the declared employer (clause 2.1.1) or the Association (clause 2.1.3) to 
the SAET for an agreed variation.  

29.8.6 For the purposes of this sub-clause, and to the extent necessary under the Fair Work Act 
1994, in agreeing to this Agreement the parties in clauses 2.1.1 and 2.1.3 undertake and 
agree that a variation approved by the SAET will be taken to have been agreed by the 
parties in making this Agreement and will operate in accordance with its terms. 

 

 Capped Private Practice 
Ability to earn up to % per annum 

Emergency Medicine Consultant* &amp; 
Paediatric Emergency Consultant** 

Not entitled to rights of private practice or 
compensation for lack of such rights (0%) 

MedSTAR Consultant***       0%****  

 

Anaesthetist 45% 

Intensive Care Unit Consultant 35% 

Rehabilitation Consultant# 20% 

Other Consultants 65% 

*  Fellow of the Australasian College for Emergency Medicine. 
** Fellow of the Royal Australasian College of Physicians, have recognised training in 

paediatric emergency medicine and is practising in paediatric emergency medicine in the 
emergency department of the applicable health unit site. 

*** Employed at MedSTAR; and is a Fellow of the Australasian College for Emergency 
Medicine; or Fellow of the Australian and New Zealand College of Anaesthetists; or 
Fellow of the College of Intensive Care Medicine.  

**** Required to pay-over all private practice receipts whilst working at MedSTAR to the 
employing authority where the Consultant has an approved private practice agreement 
subject to the PPA 2008. In no circumstances can a Consultant employed to work in 
MedSTAR be entitled at any time to both the Attraction and Retention Allowance and 
private practice receipts for work undertaken at MedSTAR. 

# A Rehabilitation Consultant may make an election under clause 29.7 to come within the 
category of  Other Consultants . 

29.8.7  over award or agreement payment, loading or allowance  means a payment, loading or 
allowance payable other than pursuant to the Award, this Agreement or the previous DH 
Salaried Medical Officers Enterprise Agreement 2008 or DH Salaried Medical Officers 
Enterprise Agreement 2005. 

29.9 A reference to the PPA 2008, or its terms, shall be taken to mean a reference to a successor or 
varied Salaried Medical Officers Private Practice Agreement (howsoever named) that may apply 
during the life of this Agreement, and this clause will operate as if it refers to the varied or 
successor Private Practice Agreement. 

30. FLEXIBLE HOURS ARRANGEMENT (VOLUNTARY) 

30.1 A Flexible Hours Arrangement (FHA) is an arrangement in which a Consultant or a group of 
Consultants voluntarily elects to be subject to a roster (however described) that requires the 
Consultant or group to be in attendance and deliver clinical and/or other services at the particular 
service, unit or a department for rostered hours (or period/s) within one or more of the following:  



SMOEA 2021      Page 20 of 55 

 

30.1.1 Between 7.00am and 8.00am (incl.) Monday to Friday (incl.); or 

30.1.2 Between 6.00pm and 10.00pm (incl.) Monday to Friday (incl.); or 

30.1.3 Between 7.00am to 10.00pm (incl.) on any Saturday, Sunday, or Full-day or Part-day 
Public Holiday.  

30.2 The employer may implement a FHA within, or in connection with, a particular service, unit or a 
department of a Health Unit or Site to apply to participating Consultants (or group), subject to this 
clause. 

30.3 The clinical head of a service, unit or a department (or delegate thereof) will be responsible for the 
development and implementation of a FHA, provided that one or more clinical heads may jointly 
develop and implement a FHA within or amongst their respective services, units or departments. A 
reference in this clause to a  clinical head  means the person who is designated or identified by the 
employer as the  clinical head  of the service, unit or a department, and includes a delegate thereof. 

30.4 A Consultant or group of Consultants within the particular service, unit or a department may 
voluntarily elect to participate in a FHA (a  participating Consultant (or group) ). 

30.4.1 Participation cannot be required or directed by the employer. 

30.4.2 A Consultant (or group) will not suffer a detriment by the employer by reason of non-
participation or cessation of participation. 

30.5 A participating Consultant (or group) may cease their participation in a FHA by providing not less 
than eight weeks written notice to the applicable clinical head, provided that the last day of 
participation must coincide with the end of a roster cycle in which the Consultant (or group) is 
participating or at the end of twelve weeks whichever is earlier. The clinical head may at their 
discretion accept an earlier cessation. 

30.6 Nothing in this clause derogates from: 

30.6.1 Clause 27 Hours of Duty, except as to attendance in accordance with a FHA, provided 
that the Hours of Duty of a participating Consultant (or group) will not increase by reason 
of their participation; 

30.6.2 Clause 28 Hours Free of Duty; 

30.6.3 On-call or recall provisions, except as to attendance in accordance with a FHA; and 

30.6.4 Provision of information by the employer to the Association in accordance with clause 5 
Consultation. 

30.7 Development of a FHA by a clinical head of a service, unit or a department (or if being developed 
jointly, by more than one clinical head) will have regard to: 

30.7.1 Operational, clinical and/or service delivery requirements of the service, unit, department 
and/or applicable Health Unit or Site; 

30.7.2 Clinical and non-clinical responsibilities and resources including teaching and 
supervision, professional service commitments, work/life balance, staff resources, Work 
Health and Safety (including opportunity to take a meal break and safe hours of work), 
and (as applicable) private practice arrangements. 

30.8 A FHA roster: 

30.8.1 Will be provided not less than four weeks prior to commencement of the FHA roster; 

30.8.2 Will cease to operate with not less than 8 weeks notice to participating Consultants (or 
group) by the applicable clinical head, provided that a shorter period may be agreed by 
the participating Consultant/s (or group); 

30.8.3 May be varied by agreement as between the applicable clinical head and participating 
Consultant/s (or group), whether as to times, cycle or otherwise. 

30.9 A participating Consultant will be entitled to the following additional payments in relation to a FHA: 

30.9.1 All hours worked between 0700 and 0800 and between 1800 and 2200 Monday to Friday 
(inclusive): an additional 25% of the Hourly Rate applicable to that Consultant. 

30.9.2 All hours worked between 0700 and 2200 on a Saturday and/or Sunday: an additional 
50% of the Hourly Rate applicable to that Consultant. 



SMOEA 2021      Page 21 of 55 

 

30.9.3 All hours worked on a full-day Public Holiday or a part-day Public Holiday: an additional 
150% of the Hourly Rate applicable to that Consultant. This penalty is in lieu of the 
penalties payable in accordance with sub-clauses 30.9.1 and 30.9.2 hereof. 

30.10 The time worked by a participating Consultant in relation to a FHA will be recorded on his/her 
timesheet or roster record. 

30.11 Nothing in this clause will be taken to: 

30.11.1 Apply to rostering arrangements in, or provisions applicable to rostering of Consultants 
working in: Accident and Emergency, Intensive Care Units and/or MedSTAR; or 

30.11.2 Prevent the employing authority requiring a Consultant/s to attend or deliver services in a 
medical emergency that necessitates as much medical care being available within a 
health unit, health unit site, service and/or a department during the period thereof. 

31. SHIFT PENALTIES 

31.1 Consultants who are rostered to work shift work and weekend work in Accident and Emergency, 
Intensive Care Units and MedSTAR who are required to work rostered shifts will be paid the 
following: 

31.1.1 For rostered duty commencing on or after 12 midday and extending beyond 6.00pm (not 
being hours of rostered duty for which payment is made in accordance with 31.1.2 and 
31.1.3) an additional 15% of the Hourly Rate applicable to that Consultant. 

31.1.2 For rostered duty between midnight and 8.00am (not being hours of rostered duty for 
which payment is made in accordance with 31.1.3) will be made at the rate of an 
additional 25% of the Hourly Rate applicable to that Consultant.  

31.1.3 For rostered duty between midnight Friday and midnight Sunday an additional 50% of the 
Hourly Rate applicable to that Consultant.  This penalty is in lieu of penalties payable in 
accordance with clauses 31.1.1 and 31.1.2. 

31.1.4 Shift penalties for Consultants working in other than Accident and Emergency, Intensive 
Care Units or MedSTAR will not apply unless expressly agreed between DHW and the 
Association. 

32. PUBLIC HOLIDAYS 

32.1 For the purpose of this clause the following full-day public holidays will be allowed to Consultants 
on full pay: 

 New Year s Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, 
Adelaide Cup Day, Queen s Birthday, Labour Day, Christmas Day, Proclamation Day or in lieu of 
any such holiday any holiday proclaimed in lieu thereof together with any other day duly 
proclaimed as a special day and observed as a public holiday within the State of South Australia. 

32.2 Where a full-day public holiday falls between Monday and Friday inclusive and a Consultant, other 
than a casual employee, does not work on any such day because it is a rostered day off, the 
Consultant will be entitled to have one day added to annual leave for each public holiday so 
occurring. 

32.3 A Consultant, other than a casual employee, who is rostered to work on a full-day public holiday, 
will be paid an additional 150% of the Hourly Rate applicable to that Consultant for each hour 
worked on the full day public holiday.  This provision is in lieu of any shift and weekend penalties. 

32.4 A Consultant, other than a casual employee, who is rostered to work during the period of a part-day 
public holiday will be paid an additional 150% of the Hourly Rate applicable to that Consultant for 
each hour worked on the part-day public holiday.  This provision is in lieu of any shift and weekend 
penalties.  

33. ANNUAL LEAVE 

33.1 A Consultant, other than a casual Consultant, will be entitled to annual leave, exclusive of paid 
public holidays falling during the period of leave on the following basis: 

33.1.1 If regularly rostered for duty over 7 days of the week or if a Consultant is not regularly 
rostered over 7 days of the week but is regularly required by the employing authority to 
be on duty or on call on 7 days of the week (including Sundays and public holidays), at a 



SMOEA 2021      Page 22 of 55 

 

rate of 2 11/12 calendar days on full pay for each completed month of service per service 
year (equivalent to 35 calendar days per service year). 

33.1.2 If not so rostered or required to be on duty or on call in accordance with 33.1.1, at a rate 
of 2 1/3 calendar days on full pay for each completed month of service per service year 
(equivalent to 28 calendar days per service year). 

33.1.3 A part-time Consultant other than a casual Consultant is entitled to receive pro rata credit 
for annual leave based on the average weekly number of authorised hours worked in 
ordinary time. 

33.2 Annual leave for Consultants will be granted by the employing authority and must be taken by the 
Consultant before a further full year entitlement to annual leave accrues. However, where the 
employing authority and the Consultant agree, an entitlement to annual leave, in whole or in part, 
may be deferred to the next following service year. 

33.3 If a period of annual leave for a Consultant is deferred in accordance with 33.2, then: 

33.3.1 The Consultant may, during the first 6 months of the service year to which the annual 
leave has been deferred, apply to take such deferred leave during that service year.  
Upon receipt of such application, the employing authority will grant the leave sought, 
where possible at the time(s) requested but in any case within a 6 month period 
commencing from the date of application; and 

33.3.2 Where the Consultant does not make such application the employing authority must grant 
and direct the Consultant to take such deferred leave during that service year. 

33.4 Where the employing authority and the Consultant agree annual leave may be given or taken either 
in one, two or three separate periods provided that no period must be less than 7 calendar days. 

33.5 Where the employment of a Consultant is terminated the Consultant is to be paid the appropriate 
pro rata entitlement for annual leave. 

33.6 A Consultant will be paid, in addition to normal salary when proceeding on annual leave, an annual 
leave loading of 17.5% of the Consultant s annual salary as specified in Schedule 1.1 or 2.1 of this 
Agreement (as applicable) for the period or periods of annual leave up to a maximum as provided 
by the Public Service (Recreation Leave Loading) Award. 

33.7 For Consultants the amount of loading payable for each calendar weeks leave is to be calculated 
using the following formula: 

The weekly annual leave loading 
received by corresponding full 
time Consultant X 

Nominal half days a part-time Consultant 
would have normally worked in a calendar 
week but for the taking of annual leave 

10 1 

33.8 Where a Consultant is in receipt of a Managerial Allowance as provided for in 4.3.2 of the Award or 
clause 9 of this Agreement such allowance will continue to be paid during periods of annual leave. 

33.9 Where a Consultant is in receipt of a Continuous Duty Allowance as provided for in 4.3.3 of the 
Award and clause 43 of this Agreement, such allowance will continue to be paid during periods of 
annual leave. 

33.10 All other provisions relating to annual leave are contained in the HR Manual. 

34. REMOTE CALL 

34.1 All Consultants, other than a casual employee, must make themselves available to be rostered on 
remote call, and to treat both public and private patients if recalled to duty. 

34.2 A Consultant should not be rostered on remote call for more than one in two nights/days on a 
regular and systematic basis. A Consultant may be required to undertake remote call duties for 
more than one in two nights/days on a short term basis, including but not limited to covering periods 
of planned leave, provided that unless otherwise agreed by the Consultant,  short term  will not 
exceed a period of four weeks in any remote call roster cycle spanning eight weeks.  

34.3 A Consultant, other than a casual employee, who participates in a regular remote call roster as 
required by the employing authority for the frequency in Column 1 will be paid an annual allowance 
in Column 2. 

 



SMOEA 2021      Page 23 of 55 

 

Column 1 Column 2 

Regular roster less than one in six nights/days 5% 

Regular roster for one in six nights/days 7.5% 

Regular roster for one in five nights/days 8.5% 

Regular roster for one in four nights/days 9.5% 

Regular roster for one in three nights/days 10.5% 

Regular roster for one in two nights/days or more 11.5% 

 Such annual allowance shall be calculated as a percentage of the Consultant s annual salary as 
specified in Schedule 1.1 or 2.1 (as applicable) of this Agreement (plus Managerial Allowance 
where applicable). 

34.3.1 This allowance: 

a) Is payable whilst the individual participates in a regular remote call roster, and will be 
paid as a fortnightly amount derived as follows: 

 Annual Salary x relevant percentage (referred to in clause 34.3)/100  x  12/313 

b) Is subject to periodic review at least twice a year by the employing authority to 
ensure that the criteria for attracting payment of the allowance is being satisfied, and 

c) Is not payable during any periods of leave. 

34.4 Periods of annual leave shall not be taken into account when calculating the frequency of remote 
call in 34.3. 

35. PART-TIME EMPLOYEES IN THE CONSULTANT GROUP 

35.1 A part-time Consultant required to participate on a remote call roster to the same frequency as a full 
time Consultant on that roster will be paid an allowance equal to the relevant percentage specified 
in clause 34.3 of the annual salary payable to a full time Consultant. 

36. CONSULTANTS REQUIRED TO PARTICIPATE ON MORE THAN ONE REMOTE CALL 
ROSTER 

36.1 If a Consultant is required to participate on more than one remote call roster, the Consultant will be 
paid an allowance equal to the relevant percentage specified in 34.3 of the annual salary payable to 
a full time Consultant for each roster on which the Consultant participates and that meets the 
requirements of 35.1. 

37. RECALL 

37.1 This clause 37 applies to Consultants, other than a Consultant to whom clause 38 applies. 

37.2 A Consultant recalled to duty on any day other than in accordance with 37.3 and 37.4 where such 
recall is authorised, will be paid an additional 50% of the applicable Hourly Rate plus an hourly rate 
as prescribed in Schedule 4.1 for the first three hours, and an additional 100% of the applicable 
Hourly Rate plus an hourly rate prescribed in Schedule 4.2 for each hour thereafter.  Pro rata for 
part of an hour based on 15 minute segments. 

37.3 A Consultant recalled to duty on a Sunday where such recall is authorised, will be paid an 
additional 100% of the applicable Hourly Rate, plus an hourly rate prescribed in Schedule 4.2 for 
each hour.  Pro rata for part of an hour based on 15 minute segments. 

37.4 A Consultant recalled to duty on a full-day or part-day public holiday where such recall is 
authorised, will be paid an additional 150% of the applicable Hourly Rate, plus an hourly rate 
prescribed in Schedule 4.3 for each hour.  Pro rata for part of an hour based on 15 minute 
segments. 

37.5 Where the period of time worked is less than 3 hours, payment is to be made for 3 hours.  
However, where such a Consultant is recalled to duty within 3 hours of a previous recall the 
Consultant is not entitled to any additional payment for the time worked within a period of 3 hours 
from the time of the commencement of the previous recall or recalls.  

37.6 Each recall stands alone for the calculation of recall payments in 37.2, 37.3 and 37.4 of this 
Agreement. 



SMOEA 2021      Page 24 of 55 

 

37.7  Recalled to duty  does not refer to duty undertaken immediately following rostered work or 
immediately prior to rostered work unless in the case of work required immediately prior to rostered 
work, no notification of such requirement was given to the Consultant prior to the completion of the 
Consultant s rostered work on the previous day.  Return to work for handover purposes, at the end 
of a rostered on call period where no period of rostered duty immediately follows, will be deemed 
not to be recalled to duty for the purposes of recall payments but an additional period of rostered 
work if the Consultant knows of the requirement to return to work prior to completion of normal 
rostered duty on the previous day or shift.   

37.8 Commencement of a recall will be deemed to be the time from which the Consultant commences 
travelling to the health unit site and ends when the Consultant returns to their place of residence. 

38. IMMEDIATE RECALL 

38.1 This clause 38 applies to a Consultant who is designated by the Chief Executive Officer of the 
health unit or their delegate as a Consultant on  immediate call . 

38.1.1 For the purposes of this clause: 

a)  A Consultant on  immediate call   means a Consultant who is designated by the 
Chief Executive Officer of the health unit or their delegate as meeting the following 
criteria: 

i) Is rostered on call pursuant to clause 34; and 

ii) Is likely to have to attend to patient/s where there is a risk of a life threatening 
event or permanent disability; and  

iii) Is required to return to the applicable health unit site within thirty minutes. 

b) Designation as a Consultant on immediate call is subject to periodic review at least 
twice a year by the Chief Executive Officer of a health unit or their delegate, to 
ensure that the criteria is being satisfied. 

c) Where the period of time worked is less than 3 hours, payment is to be made for 3 
hours, provided that if the Consultant is recalled to duty within 3 hours of a previous 
recall the Consultant is not entitled to any additional payment for the time worked 
within a period of 3 hours from the time of the commencement of the previous recall 
or recalls. 

d) Each recall stands alone for the calculation of recall payments. 

e)  Recalled to duty  does not refer to duty undertaken immediately following rostered 
work or immediately prior to rostered work unless in the case of work required 
immediately prior to rostered work, no notification of such requirement was given to 
the Consultant prior to the completion of the Consultant s rostered work on the 
previous day.  Return to work for handover purposes, at the end of a rostered on call 
period where no period of rostered duty immediately follows, will be deemed not to 
be recalled to duty for the purposes of recall payments but an additional period of 
rostered work if the Consultant knows of the requirement to return to work prior to 
completion of normal rostered duty on the previous day or shift. 

f) Commencement of a recall will be deemed to be the time from which the Consultant 
commences travelling to the applicable health unit site and ends when the 
Consultant returns to their place of residence. 

38.2 A Consultant designated by the Chief Executive Officer of a health unit or their delegate as a 
Consultant on  immediate call , may elect, in accordance with this sub-clause, to be paid either as 
per clause 38.3 or clause 38.4. 

38.2.1 If an election is made it must be notified to the employing authority by not later than 31 
May, and will have effect on and from 1 July in that year, during the operation of this 
Agreement. 

38.2.2 A Consultant employed on or after the date of approval may elect at the time of 
commencement of employment. 

38.2.3 Where the employing authority does not receive an election, the Consultant on immediate 
call will be deemed to have elected to be paid the  Hourly Rate  as per clause 38.3. 

38.3 A Consultant on immediate call who is recalled to duty where such recall is authorised and has 
elected to be paid an  Hourly Rate  will be paid as follows: 



SMOEA 2021      Page 25 of 55 

 

38.3.1 For any day other than a Sunday or public holiday, will be paid an additional 50% of the 
applicable Hourly Rate plus an hourly rate as prescribed in Schedule 4.4 for the first three 
hours, and an additional 100% of the applicable Hourly Rate plus an hourly rate 
prescribed in Schedule 4.5 for each hour thereafter, provided that for those hours that 
occur between midnight and 8am, it will be plus an hourly rate in Schedule 4.4a and 4.5a 
respectively (in place of those in Schedule 4.4 and 4.5).  Pro rata for part of an hour 
based on 15 minute segments. 

38.3.2 For a Sunday, will be paid an additional 100% of the applicable Hourly Rate plus an 
hourly rate prescribed in Schedule 4.5 for each hour, provided that after the first three 
hours worked between midnight and 8am, it will be plus an hourly rate in Schedule 4.5b 
(in place of the rate in Schedule 4.5).  Pro rata for part of an hour based on 15 minute 
segments. 

38.3.3 For a full-day or part-day Public Holiday, will be paid an additional 150% of the applicable 
Hourly Rate plus an hourly rate prescribed in Schedule 4.6 for each hour.  Pro rata for 
part of an hour based on 15 minute segments. 

38.4 A Consultant on immediate call, who is recalled to duty where such recall is authorised and has 
elected to receive recall payments derived from Commonwealth Medicare Benefits Schedule 
(CMBS) Rates, will be paid as follows and must record on the prescribed timesheet the time spent 
and the date, patient name, unit record number and CMBS item number(s) for the recall: 

38.4.1 For recall involving procedural work a Consultant will receive: 

a) CMBS payment plus 30% for the first item number; 

b) 75% of the CMBS payment plus 30% (of the 75%) for the second item number; 

c) 75% of the CMBS payment plus 30% (of the 75%) for the third item number. 

38.4.2 For recall involving consultation only a Consultant will receive: 

a) An additional 50% of the applicable Hourly Rate plus an hourly rate as prescribed in 
Schedule 4.4 for each hour.  Pro rata for part of an hour based on 15 minute 
segments. 

38.5 Payment for recall under this clause 38 is in lieu of any payment for recall that would otherwise be 
made under this Agreement or Award. 

39. REIMBURSEMENT OF TRAVEL COSTS ASSOCIATED WITH RECALL 

39.1 All Consultants who travel to work as a result of receiving a recall or immediate recall to work will: 

39.1.1 Be reimbursed at the rates specified in the HR Manual for the use of a private motor 
vehicle for the journey to and from the workplace using the shortest, most practical route 
provided: 

a) No Consultant will be required to use a private vehicle for work purposes; 

b) Where the Consultant has notified the employing authority of the distance of the 
return journey between the Consultant s usual place of residence and applicable 
health unit site; has elected to be paid on the basis that is the distance mutually 
deemed as the applicable distance travelled when recalled; and has indicated on 
their timesheet (or in such other manner as may be required by the employing 
authority) that they used their private motor vehicle, the Consultant will be 
reimbursed on the basis of that deemed distance.  This sub-clause has no effect 
where the Consultant has not left the premises of the applicable health unit site at 
the time of being recalled. 

39.1.2 Be permitted to use a taxi at the employing authority s expense to travel to and from the 
health unit site. 

39.1.3 Be permitted to use a Government vehicle to travel to and from the health unit site. 

39.1.4 Be reimbursed any parking fees necessarily incurred. 

40. TELEPHONE CALLS AND TELEMEDICINE 

40.1 When a Consultant on Remote Call or Immediate Call receives more than three telephone calls 
which do not result in a recall or immediate recall, the Consultant will be paid for each additional 



SMOEA 2021      Page 26 of 55 

 

call for 15 minutes at the rate of an additional 50% of the Consultant Hourly Rate plus an hourly 
rate as prescribed in Schedule 4.1. 

40.2 When a Consultant on Remote Call or Immediate Call undertakes work from home through 
telemedicine, the Consultant will be entitled to be paid at the rate of an additional 50% of the 
Consultant s Hourly Rate plus an hourly rate as prescribed in Schedule 4.1 for each hour provided 
that the total time spent so working is at least 30 minutes.  Once 30 minutes has been worked 
through telemedicine, either in a continuous period or in more than one period during a Remote 
Call or Immediate Call period, payment will be made for the total time worked at the rate of an 
additional 50% of the Consultant's Hourly Rate plus an hourly rate as prescribed in Schedule 4.1 for 
each hour.  Pro rata for part of an hour based on 15 minute segments.  This provision will not be 
subject to a minimum 3 hour payment. 

41. PRIVATE PRACTICE 

41.1 The parties acknowledge that there are mutual benefits to the employing authority, Consultant/s 
and applicable health unit/s, in having arrangements granting Consultants  rights of private practice  
and that there is in place a Department of Health Salaried Medical Officers Private Practice 
Agreement 2008 (PPA 2008) that includes Scheme One and Scheme Two.  The PPA 2008 
continues to operate in accordance with its terms but either party may instigate a review of the PPA 
2008 during the life of this Agreement.   

41.1.1 For the purposes of this clause: 

a) Scheme and  private practice scheme  means Scheme One or Two as applicable to 
the Consultant. 

b) Scheme One means the scheme identified as such in the PPA 2008, which scheme 
largely reflects the private practice Memorandum of Agreement (MOA) 
arrangements in place immediately prior to the commencement of the Department of 
Health Salaried Medical Officers Enterprise Agreement 2008, subject to the 
particular Consultant s arrangement being tax compliant. 

c) Scheme Two means the scheme identified as such in the PPA 2008. 

d) A reference to the PPA 2008, or its terms, shall be taken to mean a reference to a 
successor or varied Salaried Medical Officers Private Practice Agreement 
(howsoever named) that may apply during the life of this Agreement, and this clause 
will operate as if it refers to the varied or successor Private Practice Agreement. 

41.2 Subject to this clause 41 and conditional on approval of this Agreement: 

41.2.1 The provisions of this Agreement that apply to Consultants, and of the applicable private 
practice scheme, will be read having regard to the other, provided that neither will form 
part of the other and an expression that appears only in this Agreement or in the 
applicable private practice scheme will bear the meaning that gives effect to the 
applicable document. 

41.2.2 Neither the PPA 2008, nor any variation or successor to that PPA form part of this 
Agreement. 

41.2.3 Any monies, entitlements or obligations arising under an applicable private practice 
scheme, or under this Agreement, will not count for any purpose whatsoever of the other, 
unless otherwise expressly stated. 

41.3 Notwithstanding clause 41.2, the PPA 2008 as amended, is a document that reflects a negotiated 
agreement between SA Health and the Association and may not be altered or withdrawn without 
the consent of both parties. 

42. SALARY PROGRESSION 

42.1 Consultants progress by annual increment based on years of experience to Level 9. 

43. CONTINUOUS DUTY ALLOWANCE 

43.1 The Continuous Duty Allowance will not be available to Consultants except where a Consultant was 
in receipt of the Allowance prior to 1 July 1998, in which case, subject to clause 29, they will 
continue to receive this Allowance (inclusive of the above salary increases) for the life of this 
Agreement, provided that they remain in their current appointment and that they continue to meet 
the Award criteria for receipt of the Allowance. 



SMOEA 2021      Page 27 of 55 

 

44. COMMITMENT TO RESEARCH 

44.1 DHW acknowledges that research constitutes an integral part of the work of many Consultants. 
DHW recognises the appropriateness of this work and supports its continuance. 

45. PROFESSIONAL DEVELOPMENT 

45.1 The following provisions operate in lieu of clause 6.6 of the Award. 

45.1.1 A Consultant, other than a casual employee, will be entitled to access up to 10 days per 
annum on full pay (including Managerial Allowance, Attraction and Retention Allowance 
and/or Continuous Duty Allowance where applicable) for professional development 
purposes. This leave can be accumulated to 20 days in any one period of two years. 

45.1.2 Operative from the first full pay period on or after approval of this Agreement, a 
Consultant, other than a casual employee, will be entitled to access up to $22,000 per 
annum (inclusive of any applicable FBT) for professional development expenses.  This 
entitlement can be accumulated to $44,000 in any one period of two years.  A Consultant 
employed for less than five nominal half days in a calendar week will be entitled to 
reimbursement of up to $11,000 (inclusive of any applicable FBT) which can be 
accumulated to $22,000 in any one period of two years. 

45.1.3 In this clause  professional development  means professional development as approved 
by the Consultant s direct line manager who will have regard to the Consultant s 
performance development plan as applicable at the time of approval, provided that the 
absence of a performance development plan will not preclude an approval. 

45.1.4 Where a Consultant has been reimbursed pursuant to clause 45.1.2 and resigns before 
the completion of the year for which the reimbursement entitlement exists, the employing 
authority may deduct from any monies payable upon cessation of employment the 
amount of reimbursement made which exceeds the pro rata based entitlement for that 
year. 

45.1.5 To enable current professional development anniversary date of 14 April to be 
maintained, the increased amounts stipulated in clause 45.1.2 above of $500 per 
annum for those employed for 0.5 FTE or more, or $250 per annum for those 
employed for less than 0.5 FTE, will be paid on a pro rata basis from the date of 
approval of this Agreement to 13 April 2018.  

 

PART D: PROVISIONS SPECIFIC TO THE MEDICAL OFFICERS (AS DEFINED IN THE AWARD) 

46. APPOINTMENT AND CLASSIFICATION 

46.1 There will be no further appointment to the classification of Medical Officers (as defined). 

46.2 The Medical Officer (as defined) classification will apply to present incumbents only and will cease 
once an individual applies for, and is appointed to, another position. 

46.3 An employee classified as a Medical Officer (as defined) who is employed on a temporary contract 
as at the date of approval of this Agreement, and who is employed on a subsequent contract(s) in 
the same position which commences immediately following the cessation of the previous 
contract(s), will during the life of this Agreement maintain the classification of Medical Officer for as 
long as he/she is employed on such a contract(s). 

47. PROFESSIONAL DEVELOPMENT 

47.1 Clause 73.2 of this Agreement will apply to Medical Officers (as defined). 

48. REMOTE CALL 

48.1 Clauses 60.7, 60.8, 60.9, 60.10 and 60.11 of this Agreement will apply to Medical Officers (as 
defined). 

49. RECALL 

49.1 Clause 61 of this Agreement will apply to Medical Officers (as defined). 



SMOEA 2021      Page 28 of 55 

 

50. ANNUAL LEAVE 

50.1 Clause 33 of this Agreement will apply to Medical Officers (as defined). 

51. OTHER CONDITIONS OF EMPLOYMENT 

51.1 Other conditions of employment for Medical Officers (as defined) are prescribed in the Award. 

 

PART E: PROVISIONS SPECIFIC TO THE MEDICAL PRACTITIONER GROUP [MPG] 

52. DEFINITIONS 

52.1 Intern 

52.1.1  Intern  means an employee who has graduated from an accredited Australian/New 
Zealand School of Medicine and has been granted provisional registration by the Medical 
Board of Australia pursuant to Part 7, Division 3 of the Health Practitioner Regulations 
National Law (South Australia) Act 2010.  

52.2 Limited Registration Medical Practitioner 

52.2.1  Limited Registration Medical Practitioner  means an overseas medical graduate who 
is seeking to acquire full registration by the Medical Board of Australia and has been 
granted limited registration pursuant to Part 7, Division 4 of the Health Practitioner 
Regulation National Law (South Australia) Act 2010 for the purpose of preparing to fulfil 
the requirements of the Australian Medical Council. 

52.2.2 A Limited Registration Medical Practitioner will be paid the Intern (MPG Step 1) salary. A 
Limited Registration Medical Practitioner who has completed the  Australian Medical 
Council  exams (multiple choice questionnaire and clinical exam) can be appointed or 
progress (as the case may be) to Medical Practitioner (MPG Step 2). There will be no 
further progression until the Medical Board of Australia grants full registration. 

52.2.3 For the purposes of determining the salary level on appointment of employees previously 
appointed as Limited Registration Medical Practitioners, experience gained in a country 
other than Australia prior to gaining full registration with the Medical Board of Australia 
will be considered in determining  relevant experience . 

52.2.4 An employee appointed as a Limited Registration Medical Practitioner who gains full 
registration with the Medical Board will be reclassified to a Medical Practitioner, and their 
salary level will be determined taking into account such  relevant experience . 

52.2.5 An employee appointed as a Limited Registration Medical Practitioner will have a 
minimum contractual term of three (3) years, or until the expiry of the employee s visa 
(whichever is earlier) provided that a contractual term of less than three (3) years can be 
used in the following circumstances: 

? Backfill/coverage of leave (e.g. maternity/adoption leave, long service leave, 
leave without pay etc) or workers compensation absences; or 

? Other circumstances as may be agreed between the parties, including externally 
funded positions.  

52.3 Medical Practitioner 

52.3.1  Medical Practitioner  means an employee who has been granted general registration 
by the Medical Board of Australia and has been appointed as such. 

52.3.2 Features/Characteristics of work at this level include: 

? Work under general direction and undertake a range of activities requiring the 
application of acquired expertise, in a multi-disciplinary setting; 

? At all levels be able to perform a range of clinical/public health duties while 
exercising limited professional judgement under supervision. Early postgraduate 
medical practitioners may require support and direction from more experienced 
medical staff.  As more experience is obtained, the need for direct supervision 
decreases; 

? At the more experienced level, able to perform a wide range of complex tasks 
directed towards delivery and management of medical/public health services to 
patients and able to support and direct less experienced medical practitioners; 



SMOEA 2021      Page 29 of 55 

 

? Required to undertake medical assessments and or functions, which requires 
limited supervision; 

? Required to participate in a post graduate training program (as required by the 
relevant training program) or continuing medical education, as directed by the 
employing authority; 

? May be required to contribute to the preparation and delivery of preventative health 
care educational programs and materials; 

? May be responsible for supervision and/or teaching of other staff; 

? May be required to participate in clinical and scientific research; 

? May be required, in collaboration with other relevant staff, to assist in the 
evaluation and improvement of services. 

52.3.3 An employee appointed as a Medical Practitioner will have a minimum contractual 
term of three (3) years, provided that a contractual term of less than three (3) years 
can be used in the following circumstances:  

? Backfill/coverage of leave (e.g. maternity/adoption leave, long service leave, 
leave without pay etc) or workers compensation absences; or 

? Other circumstances as may be agreed between the parties, including externally 
funded positions.  

52.4 Senior Medical Practitioner 

52.4.1  Senior Medical Practitioner  means an employee who has been granted general 
registration by the Medical Board of Australia and who typically has had not less than five 
years experience since obtaining such registration, and is appointed as such. 

52.4.2 Features/Characteristics of work at this level, in addition to those defined for a Medical 
Practitioner, include: 

? Required to work with limited or no direction or supervision and exercise a high 
level of professional judgement and clinical competence, in a multi-disciplinary 
setting; 

? Employee must be well advanced in one or more fields of clinical medicine, 
management, teaching and/or research; 

? Responsible for complex duties, and/or program initiation, development and review 
and/or policy development; 

? May be required to contribute specific expertise, either at a corporate or state-wide 
level; 

? May initiate or be involved in quality improvement and organisational accreditation 
activities including the evaluation of services. 

52.5 Senior Registrar 

52.5.1  Senior Registrar  means an employee who has obtained a specialist qualification from a 
College recognised by the Australian Medical Council and has submitted written evidence 
of having satisfactorily completed the requirements for the fellowship (eg, a letter of 
notification from the College) to the employer.  

52.5.2 The employee must provide the employer with written evidence of having satisfactorily 
completed the requirements for the fellowship (eg, a letter of notification from the College) 
to the employer before progressing to the Senior Registrar classification and will be paid 
at step 1 of the Senior Registrar salary scale from the first full pay period on or after the 
evidence is provided to the employer. 

52.5.3 The new increment date will be the new anniversary date for the purposes of incremental 
progression for the employee. 

52.5.4 An employee appointed as a Senior Registrar will have a minimum contractual term of 
three (3) years, provided that a contractual term of less than three (3) years can be used 
in the following circumstances: 

? Backfill/coverage of leave (e.g. maternity/adoption leave, long service leave, 
leave without pay etc) or workers compensation absences; or 

? Other circumstances as may be agreed between the parties, including externally 
funded positions.  

 



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52.6 Hourly Rate 

52.6.1  Hourly Rate  for a MPG employee means the MPG employee s annual salary as 
specified in Schedule 1.3 and 2.3 (as applicable) of this Agreement plus the managerial 
allowance (where applicable) calculated as a weekly amount divided by 38. 

53. PROGRESSION 

53.1 Subject to clause 53.2, a MPG employee progresses by annual increment after each completed 
year of service until the relevant maximum rate is reached for the appropriate classification.  

53.2 A Medical Practitioner step 2, 3, 4 or 5 who is accepted into an accredited training program will 
advance one increment on and from the first full pay period commencing on or after the date on 
which they are employed in an accredited training position.  

53.2.1 a Medical Practitioner step 2 will advance one salary increment to Medical Practitioner 
step 3; 

53.2.2 a Medical Practitioner step 3 (who has not previously advanced one salary increment in 
accordance with 53.2.1) will advance one salary increment to Medical Practitioner step 4;  

53.2.3 a Medical Practitioner step 4 (who has not previously advanced one salary increment in 
accordance with the above sub-clauses) will advance one salary increment to Medical 
Practitioner step 5; 

53.2.4 a Medical Practitioner step 5 (who has not previously advanced one salary increment in 
accordance with the above sub-clauses) will advance one salary increment to Medical 
Practitioner step 6; and 

53.2.5 the new increment date will be the new anniversary date for the purposes of incremental 
progression for the MPG employee. 

54. PART-TIME EMPLOYEES IN THE MEDICAL PRACTITIONER GROUP 

54.1 A part-time MPG employee means a MPG employee who is engaged and paid as such, and who is 
employed on less than a full time basis for 4 or more hours per week, for a continuous period of 
one calendar month or longer, where the number of hours worked per week is fixed and constant. 

54.2 A part-time MPG employee is to be paid according to the number of hours worked at the Hourly 
Rate of the MPG employee s classification. 

54.3 The provisions of clause 55.1 apply to part-time MPG employees on a proportionate basis 
according to the number of hours of rostered duty. 

55. HOURS OF DUTY 

55.1 The ordinary hours of duty for a MPG employee are an average of 38 per week. 

Medical Practitioner Group Employees   payment for time worked 

55.2 Medical Practitioner Group (MPG) employees will be paid for all hours that they work.  

55.3 The hours of duty of a MPG employee will be in accordance with the roster determined by the 
employing authority and applicable to each employee from time to time. 

55.4 Except in the circumstances described in 55.5 and clause 11, a MPG employee: 

55.4.1 must not be rostered to work any time in excess of 12 hours per shift (exclusive of meal 
breaks); 

55.4.2 must not be rostered to work any time in excess of 68 hours in any one week; 

55.4.3 must not be rostered to work any time in excess of 272 hours in any four week cycle. 

55.5 In an emergency necessitating as much medical care being available to the employing authority as 
possible or where in the employing authority s reasonable opinion additional patient care is 
warranted and reasonable alternatives do not exist, a MPG employee may work in excess of 12 
hours per shift (exclusive of meal breaks), 68 hours in any one week or 272 hours in any four week 
cycle.  Payment for all work in excess of 12 hours per shift (exclusive of meal breaks) or 68 hours in 
any one week will be at the rate of an additional 50% of the MPG employee's Hourly Rate.  This 
penalty is in addition to any penalty that might be payable in accordance with clause 59 subject to a 



SMOEA 2021      Page 31 of 55 

 

maximum total penalty payment of an additional 100% applying to any hours so worked. This shall 
not limit payment for full-day or part-day public holidays. 

55.6 The employing authority may approve variations from the rostered starting and finishing times as 
long as the MPG employee works at least the minimum hours required by the roster in any week or 
four week cycle. 

55.7 For the purpose of this Agreement, hours of rostered duty must not include  Proximate Call , 
 Remote Call  or  Recall  Duty. 

56. HOURS FREE OF DUTY 

56.1 The hours of duty for MPG employees shall be rostered so as to provide at least the following time 
free of duty: 

56.1.1 4 days (each of 24 hours duration) free from duty in each 28 day cycle. 

56.1.2 In applying 56.1.1, a MPG employee will be rostered 1 weekend free of duty in each 28 
day cycle. 

56.1.3 A MPG employee will not be required to work in excess of 8 consecutive days, except in 
an emergency necessitating as much medical care being available to the employing 
authority as possible or where in the employing authority s reasonable opinion additional 
patient care is warranted and reasonable alternatives do not exist. 

56.1.4 A MPG employee required to work in excess of 8 consecutive days in accordance with 
56.1.3 of this Agreement will be paid an additional 50% of the Hourly Rate applicable to 
the MPG employee for the additional day(s).  This penalty is in addition to any penalty 
that might be payable in accordance with clause 59 subject to a maximum total penalty 
payment of an additional 100% applying to any hours so worked. This shall not limit 
payment for full-day or part-day public holidays. 

56.2 A MPG employee must have at least 8 consecutive hours off duty between the termination of 
required duty on one day and the commencement of required duty on the next day (required duty 
includes recall duty and overtime but excludes work performed whilst on Proximate Call where 
applicable).  If such MPG employees do not have at least 8 consecutive hours off duty, they must 
be released after completion of required duty until they have 8 consecutive hours off duty without 
loss of pay for required duty occurring during such absence. 

56.3 If on the instructions of the employing authority, a MPG employee resumes or continues to work 
without having 8 consecutive hours off duty they are to be paid an additional 50% of the Hourly 
Rate applicable to the MPG employee until they are released and they will then be entitled to be 
absent until they have 8 consecutive hours off duty without loss of pay for any rostered duty 
occurring during such absence.  This penalty is in addition to any penalty that might be payable in 
accordance with clause 59 subject to a maximum total penalty payment of an additional 100% 
applying to any hours so worked. This shall not limit payment for full-day or part-day public 
holidays. 

57. ROSTER CHANGEOVERS 

57.1 Except in an emergency necessitating as much medical care being available to the employing 
authority as possible or where in the employing authority s opinion additional patient care may be 
warranted and reasonable alternatives do not exist, a MPG employee changing from night duty to 
day duty or from day duty to night duty shall be rostered off duty for at least 48 hours, but in no 
circumstances less than 24 hours, immediately preceding the commencement of the changed duty. 

58. SHIFT LENGTHS 

58.1 A maximum of 12 hours per shift (exclusive of meal breaks) may be worked in a roster but a 
minimum of 8 clear hours free of rostered duty must be granted before recommencement of duty, 
unless agreed in accordance with clause 11 of this Agreement. 

58.2 A MPG employee must not be rostered to work for less than 3 hours per shift. 

58.3 Proximate Call duty is worked between the hours of 9.00pm and 8.30am, except where the MPG 
employee has only been rostered for 12 hours duty prior to being placed on Proximate Call.  (Refer 
to clause 60.4). 



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59. OVERTIME 

FULL TIME EMPLOYEES 

59.1 Payment for hours of rostered duty for MPG employees in excess of 76 hours in any two week 
cycle will be at the rate of an additional 50% of the Hourly Rate applicable to the MPG employee. 

59.2 Payment for hours of rostered duty for MPG employees in excess of 110 hours in any two week 
cycle will be at the rate of an additional 100% of the Hourly Rate applicable to the MPG employee. 
This penalty is in lieu of the penalty payable in accordance with 59.1. 

59.3 Payment for hours of rostered duty for MPG employees in excess of 76 hours in any two week 
cycle that fall on a Sunday will be at the rate of an additional 100% of the Hourly Rate applicable to 
the MPG employee. This penalty is not payable in addition to the penalty prescribed in 59.1 or 59.2. 

59.4 The penalties at 59.1, 59.2 and 59.3 are in lieu of other penalties payable in accordance with 
clauses 66 and 67. 

PART-TIME EMPLOYEES 

59.5 A part-time MPG employee who works required hours as directed by the employing authority in 
excess of their contracted hours per fortnight will be paid an additional 50% of the Hourly Rate 
applicable to the MPG employee for such additional hours. 

59.6 A part-time MPG employee who works required hours as directed by the employing authority in 
excess of 110 in any two week cycle will be paid an additional 100% of the Hourly Rate applicable 
to the MPG employee for such additional hours.  This penalty is in lieu of the penalty payable in 
accordance with 59.5. 

59.7 A part-time MPG employee who works required hours as directed by the employing authority in 
excess of their contracted hours per fortnight will be paid an additional 100% of the Hourly Rate 
applicable to the MPG employee for any additional time which falls on a Sunday.  This penalty is 
not payable in addition to the penalty prescribed in 59.5 and 59.6.  

59.8 The penalties at 59.5, 59.6 and 59.7 are in lieu of any penalties payable in accordance with 59.1, 
59.2, 59.3 and clauses 66 and 67.  

59.9 For the purposes of sub-clauses 59.5, 59.6 and 59.7  required hours  means:  

59.9.1 time worked in accordance with the written roster published by the employing authority 
and applicable to each MPG employee from time to time; or 

59.9.2 time worked at the direction of the employing authority which is in excess of the time 
worked referred to in 59.9.1 above. 

59.10 The employing authority may, on request from a MPG employee, approve variations to the start 
and finish times of the roster referred to in 59.9.1.  In this circumstance, any time worked in excess 
of contracted hours will be paid at the Hourly Rate applicable to the MPG employee.  

COMMENCING OR CEASING EMPLOYMENT PART-WAY THROUGH A PAY PERIOD 

59.11 A MPG employee who commences or ceases employment part-way through a pay period will be 
paid an additional 50% of the Hourly Rate applicable to the MPG employee for hours of rostered 
duty worked in excess of 45 hours in a week in the first or final pay fortnight of that MPG 
employee s employment.  The provisions of this clause do not override the provisions of clause 
59.1.  

PROTOCOL FOR AUTHORISATION OF NON-ROSTERED OVERTIME 

59.12 The employing authority will adhere to the protocol for the authorisation of non-rostered overtime 
agreed between DHW and the Association.  

59.13 The employing authority will ensure that a copy of the protocol is appropriately displayed and made 
available to MPG employees on request so as to provide information to MPG employees.  



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60. ON CALL 

PROXIMATE CALL 

60.1 Proximate Call is time spent by a Medical Practitioner or Senior Registrar (other than hours of duty 
referred to in clause 55) who is required by the employing authority to be on call and remain within 
the precincts of their respective health unit site when not actually on duty. 

60.2 In deciding whether to require a Medical Practitioner or Senior Registrar to undertake a period of 
proximate call, the employing authority must have regard to the following principles: 

60.2.1 Proximate call must be limited to those circumstances where the need exists for a 
Medical Practitioner or Senior Registrar to be available for call and to remain on the 
health unit site premises to ensure a quick response. 

60.2.2 Proximate call must be confined to those situations where infrequent calls are 
encountered and which require limited hours of recall on a regular basis. 

60.2.3 In determining whether proximate call is appropriate for any given situation, regard must 
be had to the envisaged or likely hours of work that may be required of an individual 
during the period of the proximate call and/or the envisaged or likely contacts and 
interruptions. 

60.2.4 The use of proximate call is considered appropriate if the hours of work do not exceed 2.5 
hours per proximate call shift on average, and/or the contacts and interruptions do not 
exceed 6 per proximate call shift on average. 

60.3 In addition to having regard to the principles outlined in 60.2, the employing authority must seek 
approval to utilise proximate call from the Association and DHW.  Such approval will be granted on 
the condition that: 

60.3.1 The employing authority provides to the satisfaction of the parties reasons why alternative 
rostering arrangements are inappropriate; 

60.3.2 A policy must be in place to provide cover for periods of leave; 

60.3.3 Provide rosters clearly identifying the frequency of proximate call. 

60.4 A Medical Practitioner or Senior Registrar   

60.4.1 Before being placed on proximate call must have completed at least 10 hours and no 
more than 12 hours of duty immediately preceding the commencement of proximate call. 

60.4.2 Must be placed on proximate call only between the hours of 9.00 pm. and 8.30 am on the 
next succeeding day for a minimum period of 8 hours.  However, where a Medical 
Practitioner or Senior Registrar has only been rostered for 12 hours duty prior to being 
placed on proximate call, then such proximate call must not commence before 12 
midnight. 

60.4.3 Must not be required for duty in the succeeding 24 hours if the work performed during a 
proximate call shift exceeds 5 hours.  Where a Medical Practitioner or Senior Registrar 
has been rostered to work during that succeeding 24 hours, those hours must be treated 
as if they had been worked. 

60.4.4 No Medical Practitioner or Senior Registrar is to be placed on proximate call more 
frequently than 8 nights during any 28 calendar days. 

60.4.5 No Medical Practitioner or Senior Registrar will be required to work proximate call to 
cover staff shortages. 

60.5 The provisions of 60.4.4 and 60.4.5 may be set aside in an emergency situation or in exceptional 
and unforeseen circumstances but only if each of the following steps have been taken: 

60.5.1 A list of appropriately qualified and experienced medical officers available to be called 
upon in an emergency is maintained; 

60.5.2 Alternative measures are considered; 

? Checking the availability of Casuals, Visiting or Locum Medical Officers as per the 
above mentioned list 



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? Reducing the level of services 

? Transferring patients. 

60.5.3 Records of the measures taken to address emergency situations are kept. 

60.5.4 The Chief Executive Officer of a health unit (or delegate) convenes a meeting of the key 
medical staff to formulate an action plan.  The meeting must consider: 

? The likely duration of the situation 

? Roster requirements 

? Timetable for future meetings. 

60.5.5 Consultation with the relevant Medical Practitioner or Senior Registrar and/or their 
representatives must be undertaken to formulate a rostering arrangement. 

60.5.6 The Chief Executive Officer of a health unit (or delegate) must advise the Association and 
DHW that the provisions of this sub-clause are being invoked and the circumstances 
surrounding the emergency.  Both organisations must be informed of the status of the 
emergency and any changes in the way it is being dealt with. 

60.5.7 As soon as it becomes apparent that the emergency will continue beyond a week, the 
Chief Executive Officer of a health unit (or delegate) must: 

? Reconvene the emergency committee 

? Reassess steps 60.5.1 and 60.5.2 in this process 

? Follow the remaining processes. 

60.6 A Medical Practitioner or Senior Registrar placed on proximate call must, for the whole of the 
period, be paid the Hourly Rate of the defined classification for each hour on proximate call.  In 
addition, a penalty of 50% applies where a Medical Practitioner or Senior Registrar is recalled 
whilst on proximate call, provided that where a Medical Practitioner or Senior Registrar is placed on 
proximate call on a full-day or part-day Public Holiday, payment will be at one and three quarter 
times the Hourly Rate of the defined classification. 

REMOTE CALL 

60.7 All MPG employees, other than a casual employee, must make themselves available to be rostered 
on remote call. 

60.8 Remote Call Allowances will increase as detailed in Schedule 3.2. 

60.9 Remote Call is time spent by a MPG employee, other than a casual employee, who is required by 
the employing authority to hold themselves available for duty, at home or some other mutually 
agreed place but without being restricted to the precincts of the health unit site. 

60.10 A MPG employee who is rostered on remote call on a night or for part of a Saturday, Sunday, full-
day or part-day Public Holiday or part of any other day when that officer would normally be rostered 
off duty, will be paid the allowance as provided for in Schedule 3.2A of this Agreement. 

60.11 A MPG employee who is rostered on remote call on a full Saturday, Sunday, full-day or part-day 
Public Holiday or any other day on which such MPG employee would normally be rostered off duty 
will be paid the allowance as provided for in Schedule 3.2B of this Agreement. 

61. RECALL 

61.1 A MPG employee (other than a Medical Practitioner or Senior Registrar on  Proximate Call ), who is 
recalled to duty on any day other than a full-day or part-day public holiday (refer 68.1 or 68.3 as 
appropriate) or a Sunday (refer 61.2) and such recall is authorised, in addition to payment made in 
accordance with clause 60.10 or 60.11, will be paid for time worked outside hours of rostered duty 
at the rate of an additional 50% of the applicable Hourly Rate for the first 3 hours, and an additional 
100% of the applicable Hourly Rate thereafter.  Pro rata for part of an hour based on 15 minute 
segments. 

61.2 A MPG employee (other than a Medical Practitioner or Senior Registrar on `Proximate Call ), who is 
recalled to duty on a Sunday and such recall is authorised, in addition to the payment made in 
accordance with clause 60.10 or 60.11, will be paid for time worked outside of rostered duty at the 
rate of an additional 100% of the applicable Hourly Rate.  Pro rata for part of an hour based on 15 
minute segments. 

61.3 In applying 61.1 and 61.2 



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61.3.1 Where the period of time worked is less than 3 hours, payment will be made for 3 hours; 
and 

61.3.2 Where the MPG employee is recalled to duty within 3 hours of a previous recall the MPG 
employee is not entitled to any additional payment for the time worked within a period of 3 
hours from the time of commencement of the previous recall or recalls. 

61.4 Each recall stands alone for the calculation of recall payments in 61.1 and 61.2 of this Agreement. 

61.5  Recalled to duty  does not refer to duty undertaken immediately following rostered work or overtime 
or immediately prior to rostered work unless in the case of work required immediately prior to 
rostered work, no notification of such requirement was given to the MPG employee prior to the 
completion of the MPG employee s rostered work on the previous day.  Return to work for 
handover purposes, at the end of a rostered on call period where no period of rostered duty 
immediately follows, will be deemed not to be recalled to duty for the purposes of recall payments 
but an additional period of rostered work if the MPG employee knows of the requirement to return 
to work prior to completion of normal rostered duty on the previous day or shift. 

61.6 Commencement of a recall will be deemed to be the time from which the MPG employee 
commences travelling to the health unit site and ends when the MPG employee returns to their 
place of residence. 

62. REIMBURSEMENT OF TRAVEL COSTS ASSOCIATED WITH RECALL 

62.1 All MPG employees who travel to work as a result of receiving a recall to work will: 

62.1.1 Be reimbursed at the rates specified in the HR Manual for the use of a private motor 
vehicle for the journey to and from the workplace using the shortest, most practical route 
provided: 

a) No MPG employee will be required to use a private vehicle for work purposes; 

b) Where the MPG employee has notified the employing authority of the distance of 
the return journey between the MPG employee s usual place of residence and 
applicable health unit site; has elected to be paid on the basis that is the distance 
mutually deemed as the applicable distance travelled when recalled; and has 
indicated on their timesheet (or in such other manner as may be required by the 
employing authority) that they used their private motor vehicle, the MPG employee 
will be reimbursed on the basis of that deemed distance.  This sub-clause has no 
effect where the MPG employee has not left the premises of the applicable health 
unit site at the time of being recalled. 

62.1.2 Be permitted to use a taxi at the employing authority s expense to travel to and from the 
health unit site. 

62.1.3 Be permitted to use a Government vehicle to travel to and from the health unit site. 

62.1.4 Be reimbursed any parking fees necessarily incurred. 

63. PHYSICAL FACILITIES  

63.1 This clause operates in lieu of clause 8.1 of the Award and where relevant, in addition to clause 14 
of this Agreement. 

63.2 The parties acknowledge the importance of MPG employees having quality facilities to enable MPG 
employees an opportunity to manage health and wellbeing, fatigue, discuss clinical matters with 
other MPG employees, and to study. 

63.3 The employing authority acknowledges the importance of private MPG employee rooms and accept 
they need to be appropriate for the circumstances. 

63.4 Where an employee is required to: 

? Reside at the hospital; or 

? Work in a manner which would be unsafe for the employee to drive home due to 
fatigue: 

The employee will be entitled to the provision of minimum facilities including: 

? Kitchen facilities and lounge area, with natural light where possible; 



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? A study area including sufficient desk space, adequate lighting and relevant IT 
facilities to enable reading; 

? Lockers, if secure facilities are not provided elsewhere closer to work spaces; 

? Separate fully partitioned bedrooms reasonably furnished with sufficient beds for 
those residing overnight or working in a manner which would be unsafe to drive 
home due to fatigue; 

? Changing, toilet and shower facilities; 

? The room(s) and associated facilities should be located as close as practicable to 
the hospital s acute area(s) and serviced regularly with linen supplied; 

? Reasonable provision for light foodstuffs and beverages and facilities for the 
preparation of such. 

64. TELEPHONE CALLS AND TELEMEDICINE 

64.1 When a MPG employee on Remote Call receives more than three telephone calls which do not 
result in a recall, the MPG employee will be paid for each additional call for 15 minutes at the rate 
of an additional 50% of the MPG employee s Hourly Rate. 

64.2 When a MPG employee on Remote Call undertakes work from home through telemedicine, the 
MPG employee will be entitled to be paid at the rate of an additional 50% of the MPG employee s 
Hourly Rate provided that the total time spent so working is at least 30 minutes.  Once 30 minutes 
has been worked through telemedicine, either in a continuous period or in more than one period 
during a Remote Call, payment will be made for the total time worked at the rate of an additional 
50% of the MPG employee's Hourly Rate.  Pro rata for part of an hour based on 15 minute 
segments.  This provision will not be subject to a minimum 3 hour payment.  

65. HIGHER QUALIFICATION ALLOWANCE 

65.1 Clause 4.3.1 of the Award is not applicable. 

66. WEEKEND PENALTIES 

66.1 A MPG employee will be paid an additional 50% of the MPG employee's Hourly Rate for working 
rostered hours of duty between midnight Friday and midnight Sunday. 

66.2 A MPG employee will be paid an additional 75% of the MPG employee s Hourly Rate for working 
rostered hours of duty in excess of 8 hours on a Sunday. This penalty is in lieu of 66.1. 

66.3 The penalties applicable in clause 66.1 and 66.2 are in lieu of other penalties payable in 
accordance with clause 67. 

67. SHIFT PENALTIES 

67.1 Payment for hours of rostered duty that commence at or after 12 midday and which extend beyond 
6.00 pm (not being hours of rostered duty for which payment is made in accordance with clauses 
59, 66 or 67.2) will be made at the rate of an additional 15% of the Hourly Rate applicable to that 
MPG employee. 

67.2 Payment for hours of rostered duty worked between 12 midnight and 8.00 am on any day (not 
being hours of rostered duty for which payment is made in accordance with clause 59) will be made 
at the rate of an additional 25% of the Hourly Rate applicable to that MPG employee. 

68. PUBLIC HOLIDAYS 

68.1 For the purpose of this clause the following full-day public holidays will be allowed to MPG 
employees on full pay: 

New Year s Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, 
Adelaide Cup Day, Queen s Birthday, Labour Day, Christmas Day, Proclamation Day or in lieu of 
any such holiday any holiday proclaimed in lieu thereof together with any other day duly proclaimed 
as a special day and observed as a public holiday within the State of South Australia. 

68.2 Where a MPG employee other than one on  Proximate Call , is rostered to work or recalled to work 
on any full-day public holiday or part-day public holiday, such employee must be paid an additional 



SMOEA 2021      Page 37 of 55 

 

150% of the MPG employee's Hourly Rate for all time worked.  This penalty is in lieu of the 
penalties prescribed in clauses 59, 66 and 67. 

68.3 Where a full-day public holiday falls between Monday and Friday inclusive and a MPG employee, 
other than a casual employee, does not work on any such day because it is a rostered day off, the 
MPG employee will be entitled to have one day added to annual leave for each full-day public 
holiday so occurring. 

69. ANNUAL LEAVE 

69.1 A MPG employee, other than a casual employee, will be entitled to annual leave, exclusive of paid 
public holidays falling during the period of leave, on the following basis: 

69.1.1 If regularly rostered for duty over 7 days of the week or if a MPG employee is not 
regularly rostered over 7 days of the week but is regularly required by the employing 
authority to be on duty or on call on 7 days of the week (including Sundays and public 
holidays), at a rate of 2 11/12 calendar days on full pay for each completed month of 
service per service year (equivalent to 35 calendar days per service year). 

69.1.2 If not so rostered or required to be on duty or on call in accordance with 69.1.1, at a rate 
of 2 1/3 calendar days on full pay for each completed month of service per service year 
(equivalent to 28 calendar days per service year). 

69.2 The employing authority can approve leave in anticipation of annual leave accruing for MPG 
employees where the nature of the appointment makes it impractical to do otherwise. Where 
annual leave is so granted and before the entitlement to that leave accrues to the MPG employee, 
the employee ceases for any reason to be an employee, then unless the employing authority 
otherwise determines, a sum equal to the sum paid to the MPG employee in respect of that leave 
must be repaid to the employing authority. 

69.3 Annual leave for a MPG employee will be granted by the employing authority and must be taken by 
the MPG employee before a further full year s entitlement to annual leave accrues.  However, 
where the employing authority and the MPG employee agree, an entitlement to annual leave, in 
whole or in part, may be deferred to the next following service year. 

69.4 If a period of annual leave for a MPG employee is deferred in accordance with 69.3 then: 

69.4.1 The MPG employee may, during the first 6 months of the service year to which the 
annual leave has been deferred, apply to take such deferred leave during that service 
year.  Upon receipt of such application, the employing authority will grant the leave 
sought, where possible at the time(s) requested but in any case within a 6 month period 
commencing from the date of application; and 

69.4.2 Where the MPG employee does not make such application, the employing authority must 
grant and direct the MPG employee to take such deferred leave during that service year. 

69.5 Where the employing authority and the MPG employee agree annual leave may be given or taken 
either in one, two or three separate periods provided that no period must be less than 7 calendar 
days. 

69.6 Where a MPG employee is terminated, the MPG employee is to be paid the appropriate pro rata 
entitlement for annual leave except that where the MPG employee has taken annual leave before 
rendering service appropriate to the amount of leave granted, the employing authority may recover 
the monetary equivalent of the excess leave taken. 

69.7 Subject to 69.7.2, the rate of salary a MPG employee is entitled to receive whilst on annual leave 
will be that which such MPG employee would have received if during the period of leave the MPG 
employee had worked the average weekly number of hours worked by that MPG employee during 
the 12 months immediately prior to the date upon which the MPG employee proceeds on annual 
leave.  However, where the MPG employee has not served for 12 months from the date of 
appointment to the date of commencement of leave, payment will be that which would have been 
received if during the period of leave the MPG employee had worked the average weekly number 
of hours worked by the MPG employee during this period of service. 

69.7.1 For the purposes of this sub-clause  the average weekly number of hours worked  means 
all hours actually worked including overtime and time worked on recall (other than when 
recalled on proximate call) during the preceding twelve months.  In relation to proximate 
call, all time whilst on such call (including any duty performed) is to be included in the 
calculation. 



SMOEA 2021      Page 38 of 55 

 

69.7.2 The payment to be made (which is in addition to normal salary) whilst on annual leave will 
be calculated on the basis of time and one half of the average number of overtime and 
recall hours (other than recall on proximate call) worked.  Payment for the average 
number of hours rostered on proximate call (including any duty performed) will be 
calculated at the rate of ordinary time. 

69.7.3 Where the provisions of this sub-clause are more beneficial to a MPG employee than the 
provisions of 69.7.1, such MPG employee will be paid, in addition to normal salary when 
proceeding on annual leave, an annual leave loading of 17.5% of the MPG employee s 
annual salary as specified in Schedule 1.3 and 2.3 (as applicable) of this Agreement for 
the period or periods of annual leave up to a maximum as provided by the Public Service 
(Recreation Leave Loading) Award. 

69.8 The annual leave loading payable to a part-time MPG employee shall bear the same proportion of a 
full time MPG employee s loading entitlement as the hours of duty worked by the part-time MPG 
employee bear to the hours of duty of a corresponding full time MPG employee. 

69.9 Where a Senior Medical Practitioner is in receipt of a Managerial Allowance as provided for in 
clause 9 of this Agreement such allowance will continue to be paid during periods of annual leave. 

69.10 All other provisions relating to annual leave are contained in the HR Manual. 

70. MEAL BREAKS 

70.1 Except in the circumstances described in 70.2, a MPG employee must not be required to work 
more than 6 hours without a meal break of half an hour. 

70.2 The provisions of 70.1 do not apply in the case of emergencies or where the requirement to 
facilitate continuity of patient care results in the need for the MPG employee to continue active duty. 

70.3 Except in the circumstances described in 70.4, where a MPG employee works in excess of 6 hours 
without a meal break, that MPG employee must be paid an additional penalty for all time worked 
until a meal break is taken and completed.  The additional penalty payable under this clause is 50% 
of the Hourly Rate applicable to the MPG employee.  Where a MPG employee performs work 
contemplated by clauses 59, 66 and 67 of this Agreement, this additional penalty is payable in 
addition to any other penalties that might be payable. 

70.4 The provisions of 70.3 do not apply where a MPG employee has not been expressly instructed by 
that MPG employee s superior to continue working in excess of the 6th hour span. 

70.5 Where a MPG employee is interrupted during a meal break by work such meal break is to be 
counted as time worked and the period paid for at ordinary time rates. 

71. ROSTERS 

71.1 Subject to the exception outlined in clause 71.3 below, all rosters for MPG employees must be 
promulgated to the MPG employee at least 28 days before the commencement of the roster and 
displayed in a location in the Unit that is accessible to the employees to whom the roster applies. 

71.2 It is not intended that this provision of notice for rosters will detract from any more beneficial 
arrangement applicable within a health unit or DHW as at the commencement of this clause (an 
 existing arrangement ) and all existing arrangements should be retained wherever possible. 

71.3 Subject to situations in which clinical service or patient safety could be put at risk (including the 
requirement to cater for unforeseen events such as unplanned illnesses or absences), MPG rosters 
may only be altered with mutual agreement between the MPG employee and the rostering 
manager. 

71.4 In situations in which agreement for a roster change cannot be reached, either party may escalate 
the issue to the Executive Director of Medical Services or delegate for resolution. 

72. SICK LEAVE 

72.1 A part-time MPG employee will be credited in any financial year with a maximum sick leave 
entitlement that bears the same proportion of 91.2 hours as the average actual weekly hours of 
rostered duty of a part-time MPG employee bears to 38 hours.  Such maximum annual entitlement 
shall be calculated by the following formula: 

 



SMOEA 2021      Page 39 of 55 

 

Average no. of hours of rostered duty* 
MPG employee is employed per week x 91.2 

 

= 

Maximum no. of hours 
entitlement per financial 
year (taken to nearest hour) 38 1 

 

 *Refer clauses 55.1 and 55.7. 

73. PROFESSIONAL DEVELOPMENT 

73.1 MPG Employees in Accredited Training Programs 

73.1.1 Subject to this clause 73.1, a MPG employee, other than a casual, who is in an 
accredited College training program, is entitled to: 

a) Examination leave available under clause 6.5 of the Award, which may also be used 
for the purposes of meeting other study or education commitments arising from an 
accredited training programme including attendance at conferences, seminars, 
courses and programmes, as required by the appropriate College. 

b) Up to 5 days of paid leave per annum for other professional development, which may 
be accumulated to a total of 10 days in any two year period. 

c) Operative from the first full pay period on or after approval of this Agreement, 
reimbursement of up to $8,500 per annum (inclusive of any applicable FBT), which 
can be accumulated up to an amount of $17,000 in any two year period, towards the 
cost incurred by the MPG employee in obtaining a specialist qualification (including 
examination fees or costs associated with undertaking an examination); costs directly 
related to the relevant College training; or other professional development, provided 
that such MPG employee employed for less than 0.5 full time equivalent will be 
entitled to reimbursement of up to $5,750 per annum (inclusive of any applicable 
FBT), which can be accumulated up to $11,500 in any two year period. 

73.1.2 In this clause 73.1  professional development  means professional development as 
approved by the MPG employee s direct line manager who will have regard to the 
MPG employee s performance development plan as applicable at the time of 
approval, provided that the absence of a performance development plan will not 
preclude an approval. 

73.1.3 Where a MPG employee has been reimbursed pursuant to this clause 73.1.1c) and 
resigns before the completion of the year for which the reimbursement entitlement 
exists, the employing authority may deduct from any monies payable upon 
cessation of employment the amount of reimbursement made which exceeds the 
pro rata based entitlement for that year. 

73.2 MPG Employees Not In Accredited Training Programs 

73.2.1 Subject to this clause 73.2, a MPG employee who is not in an accredited training 
program will be entitled to: 

a) Up to one week of paid leave every year for professional development, which can be 
accumulated to a total of 2 weeks in any two year period. 

b) Operative from the first full pay period on or after approval of this Agreement, 
reimbursement of up to $4,500 per annum (inclusive of any applicable FBT) for 
professional development, which can be accumulated up to an amount of $9,000 in 
any two year period, provided that such MPG employed for less than 0.5 full time 
equivalent will be entitled to reimbursement of up to $2,250 per annum (inclusive of 
any applicable FBT), which can be accumulated up to $4,500 in any two year period.  

73.2.2 In this clause 73.2,  professional development  means professional development 
as approved by the MPG employee s direct line manager who will have regard to 
the MPG employee s performance development plan as applicable at the time of 
approval, provided that the absence of a performance development plan will not 
preclude an approval.  It includes professional development provided through: 

? Recognised Medical Colleges 

? The South Australian Post graduate Medical Education Association  

? Through or approved by the Postgraduate Medical Council of South Australia  



SMOEA 2021      Page 40 of 55 

 

? Courses offered through Tertiary institutions 

? Other activities as approved by the employing authority following individual 
application. 

73.2.3 Applications for approval must be made by an individual MPG employee at least 3 
months prior to the anticipated date of commencement of leave except that where 
the leave is for the purposes of attendance at a scheduled 
workshop/seminar/course an application must be made at least 6 months prior to 
the date of commencement of leave to allow for appropriate arrangements to be 
made for ongoing service needs. 

73.2.4 Where a MPG employee has been reimbursed pursuant to this clause b) and 
resigns before the completion of the year for which the reimbursement entitlement 
exists, the employing authority may deduct from any monies payable upon 
cessation of employment the amount of reimbursement made which exceeds the 
pro rata based entitlement for that year. 

73.3 Senior Medical Practitioners Not in Accredited Training Programs 

73.3.1 This clause operates in lieu of clause 73.2.1b of this Agreement.  

73.3.2 Operative from the first full pay period on or after date of approval of this 
Agreement, a Senior Medical Practitioner, other than a casual, who is not in an 
accredited training program will be entitled to reimbursement of up to $5,500 per 
annum (inclusive of any FBT) for professional development which can be 
accumulated up to $11,000 in any two year period. Senior Medical Practitioners 
employed for less than 0.5 full time equivalent will be entitled to reimbursement of 
up to $2,750 per annum which can be accumulated up to $5,500 in any two year 
period. 

73.3.3 Clauses 73.2.1a, 73.2.2, 73.2.3 and 73.2.4 apply to Senior Medical Practitioners 
Not in Accredited Training Programs. 

73.4 To enable the current professional development anniversary date of 14 April to be maintained, the 
increased amounts stipulated in clauses 73.1.1, 73.2.1 and 73.3.2 of $500 per annum for those 
employed for 0.5 FTE, or more, or $250 per annum for those employed for less than 0.5 FTE, will 
be paid on a pro rata basis from the date of approval of this Agreement to 13 April 2018.  

74. TRAINING 

74.1 The parties are committed to encouraging and promoting ongoing training of MPG employees. 

74.2 It is recognised that part of the average of 38 hours per week for MPG employees is specifically 
designed to allow such MPG employees to undertake training and educational activities.  Such 
activities may include tutorials, lectures, grand rounds, and consultations with other medical officers 
on the understanding that the principal object of such activities is to develop, maintain or improve 
the skills and knowledge of such MPG employees. Rosters should take that into account having 
regard to practicality and local arrangements. 

 



SMOEA 2021  

 

SIGNATORIES 

 

 

 

 

 

 

 

  

 

Chief Executive, Department for Health 
and Wellbeing  

  

Witness 

 

 

 

 

 

 

 

  

 

Director Enterprise Bargaining, Industrial 
Relations and Policy Branch, DTF, as the 
delegate of the Chief Executive, 
Department of Treasury and Finance, as 
the declared employer of public 
employees pursuant to the Fair Work 
(General) Regulations 2009  

  

Witness 

 

 

 

 

 

 

 

  

 

President, South Australian Salaried 
Medical Officers Association 

  

Witness 

 

 

 

 

 

 

 

 

 



SMOEA 2021      Page 42 of 55 

 

 

SCHEDULE 1: SALARIES (FOR EMPLOYEES WITH ACCESS TO THE GENERAL PUBLIC SECTOR 
SALARY SACRIFICE SCHEME) 
 

1.1Consultants 

 

     

    Current 

first full pay 
period to 

commence on 
or after 14 
April 2021 

first full pay 
period to 

commence on 
or after 14 
April 2022 

first full pay 
period to 

commence on 
or after 14 
April 2023 

first full pay 
period to 

commence on 
or after 14 
April 2024 

Level Step $ per annum $ per annum  $ per annum  $ per annum  $ per annum  

Consultant 1 $214,433 $217,649 $220,914 $224,228 $227,591 

  2 $222,843 $226,186 $229,578 $233,022 $236,517 

  3 $231,253 $234,722 $238,243 $241,816 $245,444 

  4 $243,865 $247,523 $251,236 $255,004 $258,829 

Senior Consultant 5 $252,275 $256,059 $259,900 $263,799 $267,755 

  6 $260,683 $264,593 $268,562 $272,591 $276,679 

  7 $267,412 $271,423 $275,495 $279,627 $283,821 

  8 $274,138 $278,250 $282,424 $286,660 $290,960 

  9 $282,546 $286,784 $291,086 $295,452 $299,884 

 
 



SMOEA 2021      Page 43 of 55 

 

 

1.2 Medical Officers (as defined) 
    

    Current 

first full pay 
period to 

commence on 
or after 14 
April 2021 

first full pay 
period to 

commence on 
or after 14 
April 2022 

first full pay 
period to 

commence on 
or after 14 
April 2023 

first full pay 
period to 

commence on 
or after 14 
April 2024 

Level Step $ per annum $ per annum $ per annum $ per annum $ per annum 

Medical Officer  1 $124,033 $125,893 $127,782 $129,699 $131,644 

(MD-1) 2 $129,641 $131,586 $133,559 $135,563 $137,596 

  3 $135,247 $137,276 $139,335 $141,425 $143,546 

  4 $140,852 $142,965 $145,109 $147,286 $149,495 

  5 $147,160 $149,367 $151,608 $153,882 $156,190 

  6 $154,169 $156,482 $158,829 $161,211 $163,629 

  7 $159,774 $162,171 $164,603 $167,072 $169,578 

  8 $168,182 $170,705 $173,265 $175,864 $178,502 

  9 $182,198 $184,931 $187,705 $190,521 $193,378 



SMOEA 2021      Page 44 of 55 

 

 

1.3 Medical Practitioner Group  
    

    Current 

first full pay 
period to 

commence on 
or after 14 
April 2021 

first full pay 
period to 

commence on 
or after 14 
April 2022 

first full pay 
period to 

commence on 
or after 14 
April 2023 

first full pay 
period to 

commence on 
or after 14 
April 2024 

Level Step $ per annum $ per annum  $ per annum  $ per annum  $ per annum  

Intern 1 $77,084 $78,240 $79,414 $80,605 $81,814 

Medical 
Practitioner 

2 $84,093 $85,354 $86,635 $87,934 $89,253 

3 $91,100 $92,467 $93,853 $95,261 $96,690 

4 $105,816 $107,403 $109,014 $110,650 $112,309 

5 $114,925 $116,649 $118,399 $120,175 $121,977 

6 $121,934 $123,763 $125,619 $127,504 $129,416 

7 $128,940 $130,874 $132,837 $134,830 $136,852 

8 $135,949 $137,988 $140,058 $142,159 $144,291 

Senior Registrar 
1 $140,153 $142,255 $144,389 $146,555 $148,753 

2 $145,758 $147,944 $150,164 $152,416 $154,702 

Senior Medical 
Practitioner 

1 $161,174 $163,592 $166,045 $168,536 $171,064 

2 $169,585 $172,129 $174,711 $177,331 $179,991 

3 $182,898 $185,641 $188,426 $191,252 $194,121 

4 $193,411 $196,312 $199,257 $202,246 $205,279 

5 $200,374 $203,380 $206,430 $209,527 $212,670 

6 $207,588 $210,702 $213,862 $217,070 $220,326 

 
 



SMOEA 2021      Page 45 of 55 

 

 

SCHEDULE 2: SALARIES (FOR EMPLOYEES WITH ACCESS TO THE MEDICAL OFFICER SPECIFIC 
SALARY SACRIFICE SCHEME) 
 

2.1 Consultants 
     

    Current 

first full pay 
period to 

commence on 
or after 14 
April 2021 

first full pay 
period to 

commence on 
or after 14 
April 2022 

first full pay 
period to 

commence on 
or after 14 
April 2023 

first full pay 
period to 

commence on 
or after 14 
April 2024 

Level Step $ per annum $ per annum  $ per annum  $ per annum  $ per annum  

Consultant 1 $179,707 $182,403 $185,139 $187,916 $190,734 

2 $186,756 $189,557 $192,401 $195,287 $198,216 

3 $193,802 $196,709 $199,660 $202,655 $205,694 

4 $204,374 $207,440 $210,551 $213,709 $216,915 

Senior 
Consultant 

5 $211,420 $214,591 $217,810 $221,077 $224,393 

6 $218,469 $221,746 $225,072 $228,448 $231,875 

7 $224,106 $227,468 $230,880 $234,343 $237,858 

8 $229,742 $233,188 $236,686 $240,236 $243,840 

9 $236,791 $240,343 $243,948 $247,607 $251,321 

 



SMOEA 2021      Page 46 of 55 

 

 
 

2.2 Medical Officers (as defined) 

 

   

    Current 

first full pay 
period to 

commence on 
or after 14 
April 2021 

first full pay 
period to 

commence on 
or after 14 
April 2022 

first full pay 
period to 

commence on 
or after 14 
April 2023 

first full pay 
period to 

commence on 
or after 14 
April 2024 

Level Step $ per annum $ per annum $ per annum $ per annum $ per annum 

Medical 
Officer 
(MD-1) 

1 $106,800 $108,402 $110,028 $111,678 $113,354 

2 $111,631 $113,305 $115,005 $116,730 $118,481 

3 $116,456 $118,203 $119,976 $121,776 $123,602 

4 $121,284 $123,103 $124,950 $126,824 $128,726 

5 $126,716 $128,617 $130,546 $132,504 $134,492 

6 $132,750 $134,741 $136,762 $138,814 $140,896 

7 $137,578 $139,642 $141,736 $143,862 $146,020 

8 $144,815 $146,987 $149,192 $151,430 $153,701 

9 $156,884 $159,237 $161,626 $164,050 $166,511 

 



SMOEA 2021      Page 47 of 55 

 

 

2.3 Medical Practitioner Group  
    

    Current 

first full pay 
period to 

commence on 
or after 14 
April 2021 

first full pay 
period to 

commence on 
or after 14 
April 2022 

first full pay 
period to 

commence on 
or after 14 
April 2023 

first full pay 
period to 

commence on 
or after 14 
April 2024 

Level Step $ per annum $ per annum  $ per annum  $ per annum  $ per annum  

Intern 1 $71,620 $72,694 $73,785 $74,891 $76,015 

Medical 
Practitioner 

2 $78,127 $79,299 $80,488 $81,696 $82,921 

3 $84,638 $85,908 $87,196 $88,504 $89,832 

4 $98,311 $99,786 $101,282 $102,802 $104,344 

5 $99,456 $100,948 $102,462 $103,999 $105,559 

6 $105,520 $107,103 $108,709 $110,340 $111,995 

7 $111,584 $113,258 $114,957 $116,681 $118,431 

8 $117,646 $119,411 $121,202 $123,020 $124,865 

Senior 
Registrar 

1 $120,682 $122,492 $124,330 $126,195 $128,087 

2 $125,510 $127,393 $129,304 $131,243 $133,212 

Senior 
Medical 
Practitioner 

1 $138,783 $140,865 $142,978 $145,122 $147,299 

2 $146,024 $148,214 $150,438 $152,694 $154,985 

3 $157,486 $159,848 $162,246 $164,680 $167,150 

4 $166,298 $168,792 $171,324 $173,894 $176,503 

5 $172,286 $174,870 $177,493 $180,156 $182,858 

6 $178,488 $181,165 $183,883 $186,641 $189,441 

 
 
 

 
 
 

 

 

 

 
 
 
 
  



SMOEA 2021      Page 48 of 55 

 

 

SCHEDULE 3: ALLOWANCES 
 

3.1 Managerial Allowances 
    

  Current 

first full pay 
period to 

commence on 
or after 14 
April 2021 

first full pay 
period to 

commence on 
or after 14 
April 2022 

first full pay 
period to 

commence on 
or after 14 
April 2023 

first full pay 
period to 

commence on 
or after 14 
April 2024 

  $ per annum $ per annum  $ per annum  $ per annum  $ per annum  

Small Unit or Sub-
Unit of a Large Unit $9,110 $9,247 $9,385 $9,526 $9,669 

Large Unit $21,373 $21,694 $22,019 $22,349 $22,685 

Divisional/Clinical 
Director $37,841 $38,409 $38,985 $39,570 $40,163 

Clinical Services 
Director $64,219 $65,182 $66,160 $67,152 $68,160 

 
 
 

3.2A Remote Call Allowances 
    

  Current 

first full pay 
period to 

commence on 
or after 14 
April 2021 

first full pay 
period to 

commence on 
or after 14 
April 2022 

first full pay 
period to 

commence on 
or after 14 
April 2023 

first full pay 
period to 

commence on 
or after 14 
April 2024 

  
     

Night, part of 
Saturday, Sunday, 
Public Holiday, part 
of any other day 
normally rostered off 
duty $45.58 $46.26 $46.96 $47.66 $48.38 

 
 

3.2B Remote Call Allowances 
    

  Current 

first full pay 
period to 

commence on 
or after 14 
April 2021 

first full pay 
period to 

commence on 
or after 14 
April 2022 

first full pay 
period to 

commence on 
or after 14 
April 2023 

first full pay 
period to 

commence on 
or after 14 
April 2024 

  
     

Full Saturday, 
Sunday, Public 
Holiday, any other 
day normally 
rostered off duty  $72.41 $73.50 $74.60 $75.72 $76.85 

 

 



SMOEA 2021      Page 49 of 55 

 

 

SCHEDULE 4: RECALL &amp; IMMEDIATE RECALL: ADDITIONAL PAYMENTS FOR CONSULTANTS 

 

Recall 
    

  Current Current 

first full pay 
period to 

commence on 
or after 14 
April 2021 

first full pay 
period to 

commence on 
or after 14 
April 2021 

  

Consultant 
step 1 to 4 $ 

per hour (pro 
rata for part) 

Senior 
Consultant 

step 5 to 9 $ 
per hour (pro 
rata for part) 

Consultant 
step 1 to 4 $ 

per hour (pro 
rata for part) 

Senior 
Consultant 

step 5 to 9 $ 
per hour (pro 
rata for part) 

Schedule 4.1:  
Any day other than a 
Sunday or Public 
Holiday (first three 
hours), telephone calls &amp; 
telemedicine $18.15 $30.25 $19.24 $32.07 

Schedule 4.2:  
Any day other than a 
Sunday or Public 
Holiday (after first three 
hours) &amp; Sunday $24.20 $42.35 $25.65 $44.89 

Schedule 4.3: Public 
Holiday  $30.25 $54.45 $32.07 $57.72 

 

Immediate Recall 
    

  Current Current 

first full pay 
period to 

commence on 
or after 14 
April 2021 

first full pay 
period to 

commence on 
or after 14 
April 2021 

  

Consultant 
step 1 to 4 $ 

per hour (pro 
rata for part) 

Senior 
Consultant 

step 5 to 9 $ 
per hour (pro 
rata for part) 

Consultant 
step 1 to 4 $ 

per hour (pro 
rata for part) 

Senior 
Consultant 

step 5 to 9 $ 
per hour (pro 
rata for part) 

Schedule 4.4:  
Any day other than a 
Sunday or Public 
Holiday 8am to midnight 
(first three hours) $36.30 $60.50 $38.48 $64.13 

Schedule 4.5:  
Any day other than a 
Sunday or Public 
Holiday 8am to midnight 
(after first three hours) &amp; 
Sunday $48.40 $84.70 $51.30 $89.78 

Schedule 4.6:  
Public Holiday  $60.50 $108.90 $64.13 $115.43 

 

 

 



SMOEA 2021      Page 50 of 55 

 

  Current Current 

first full pay 
period to 

commence on 
or after 14 
April 2021 

first full pay 
period to 

commence on 
or after 14 
April 2021 

  

Consultant 
step 1 to 4 $ 

per hour (pro 
rata for part) 

Senior 
Consultant 

step 5 to 9 $ 
per hour (pro 
rata for part) 

Consultant 
step 1 to 4 $ 

per hour (pro 
rata for part) 

Senior 
Consultant 

step 5 to 9 $ 
per hour (pro 
rata for part) 

Schedule 4.4a:  
Any day other than a 
Sunday or Public 
Holiday midnight to 8am 
(first three hours) $108.90 $145.20 $115.43 $153.91 

Schedule 4.5a:  
Any day other than a 
Sunday or Public 
Holiday midnight to 8am 
(after first three hours) &amp; 
Sunday $121.00 $169.40 $128.26 $179.56 

Schedule 4.5b:  
Sunday midnight to 8am 
(after the first three 
hours)  $108.90 $145.20 $115.43 $153.91 

 



SMOEA 2021      Page 51 of 55 

 

SCHEDULE 5: INJURY AND INCOME PROTECTION PRINCIPLES 

  

1. PREAMBLE  

1.1 This  injury and income protection  policy is founded upon the current Police Disability 
Pension under regulation 38a of the Southern State Superannuation Regulations 2009 that is 
available to workers who meet specific criteria for eligibility.  

1.2 The Regulations referred to above were introduced during the operation of the previous 
Workers Rehabilitation and Compensation Act 1986. 

1.3 The content of an amended regulation 38a and the principles agreed between the 
Government and the Police Association of South Australia are set out in this policy.  

1.4 Under this new  injury and income protection  policy an eligible worker will receive 
entitlements as outlined in this policy.  

 

2. FUNDING ARRANGEMENTS 

2.1 The funding arrangements for this policy shall be are provided within the budget process 
of the agency.  

 

3. ADMINISTRATION OF THIS POLICY  

3.1 The responsibility for administering this policy is vested in the CE SA Health or delegate. 

3.2 In administering this policy the CE SA Health shall provide procedural fairness when 
making potentially adverse decisions affecting injured workers.  

  

4. DEFINITIONS  

4.1 This policy applies to workers who have an accepted claim pursuant the Workers 
Rehabilitation and Compensation Act 1986 or the Return to Work Act 2014 and meet the 
eligibility requirements of this policy.  

4.2  Employer  means CE, DHW or delegate. 

4.3  Benefits  means weekly payments of income maintenance or medical and like 
expenses.  

4.4  Financial support  means the weekly payments of income support made pursuant to this 
policy.  

4.5  Independent Medical Adviser  in this policy means an independent medical adviser as 
listed on the South Australian Employment Tribunal website (www.saet.sa.gov.au).  

4.6  Notional weekly earnings  within this policy means the  Salary as specified for the 
eligible worker s classification in the applicable Enterprise Agreement .  

4.7  Retirement  in this policy has the same meaning as  retiring age  as defined in section 44 
of the Return to Work Act 2014.  

4.8  Recovery/return to work plan  includes a recovery/return to work plan established or 
continuing under this policy.  
 

5. MUTUAL OBLIGATIONS 

 5.1 A worker while in receipt of benefits pursuant to this policy is entitled to expect   

(a) The employer to continue to actively manage the worker s injury, to provide 
services and to participate and cooperate in assisting the workers recovery and 
return to work; and  

(b) A worker may reasonably request the employer to review the provision of any 
service to the worker under this policy or to investigate any circumstance where it 
appears that the employer is not complying with any requirement of this policy.  

5.2 A worker while in receipt of benefits pursuant to this policy must   



SMOEA 2021      Page 52 of 55 

 

(a) participate in all activities designed to enable the worker to recover and return to 
work as soon as is reasonably practicable; and  

(b) without limiting paragraph (a)   

(i) participate and cooperate in the establishment of a recovery/return to 
work plan; and  

(ii) comply with obligations imposed on the worker by or under a 
recovery/return to work plan; and  

(c) ensure that the employer is provided with current medical certificates (in a 
designated form provided by recognised health practitioners not inconsistent with 
the Return to Work Act 2014) with respect to any incapacity for work for which 
financial support is being provided under this policy so as to provide evidence to 
support the continuation of those payments; and  

(d) return to suitable employment when reasonably able to do so; and 

(e) take reasonable steps to mitigate any possible loss on account of the work injury.  

  

6. RETURN TO WORK COMMITMENT  

6.1 Whereas:  

(a) the parties agree that a return to work within the meaning of the Return to Work 
Act 2014 is always the objective in the case of any work injury; 

(b)  the unions and workers covered by this agreement will reasonably support and 
cooperate in the pursuit of this objective as required by the Return to Work Act 
2014 and this agreement.  

  

7 COVERAGE &amp; BENEFITS - INJURIES ON OR AFTER 1 JULY 2015  

7.1 Those workers who are injured on or after 1 July 2015 in circumstances where the 
worker:  

(a) is temporarily or permanently incapacitated for work as a result of a physical or 
psychological injury sustained when he or she was on duty or lawfully exercising 
the duties of a worker in their employment; and  

(b) the injury   

i. resulted from conduct directed at the worker that constitutes a criminal 
offence; or 

ii. occurred as a direct and immediate result of conduct that constitutes a 
criminal offence in the course of the workers employment or conduct that 
appears to be criminal; or 

iii. occurred as a direct and immediate result of conduct that constitutes a 
criminal offence; or  

iv. occurred in other circumstances where the worker is placed in a 
dangerous situation in the course of, or as a consequence of, acting in, 
or engaging in, their duties or position excluding psychological injury 
other than that caused as a consequence of a specific incident or 
incidents.  

(c) has an accepted claim pursuant to the Return to Work Act 2014; and  

(d) has had their individual entitlements exhausted pursuant to the Return to Work 
Act 2014; and  

(e)  has not been assessed as having a 30% or more Whole Person Impairment 
(WPI); and  

(f) has not made a return to work within the meaning of the Return to Work Act 
2014;  

will be provided on the following basis:  

 



SMOEA 2021      Page 53 of 55 

 

7.2 In the case of medical expenses, ongoing cover for such expenses as are reasonably 
and necessarily incurred as a direct result of such accepted claim (other than those 
already covered by the Employer); or  

7.3 A redemption of medical expenses referred to in 7.2.  

7.4 In the case of financial support:  

(a) A top-up payment to achieve 80% notional weekly earnings or 80% of the 
difference between actual earnings and notional weekly earnings until retirement 
or return to work, subject to a work capacity review as per the Workers 
Rehabilitation and Compensation Act 1986 and meeting the mutual obligations 
set out in this policy; or  

(b) A redemption of 7.4(a).  

 

8. COVERAGE &amp; BENEFITS - INJURIES PRIOR TO 1 JULY 2015  

8.1 Those workers who were injured prior to 1 July 2015 in circumstances of 7.1(a) and (b); 
and  

(a) have an accepted claim pursuant to the Workers Rehabilitation and 
Compensation Act 1986/Return to Work Act 2014 and;  

(b) have had their individual entitlements exhausted pursuant to the Return to Work 
Act 2014 and;  

(c) have not been assessed as having a 30% or more Whole Person Impairment 
(WPI) and;  

(d) have not made a return to work within the meaning of the Return to Work Act 
2014;  

will be provided on the following basis:  

8.2 In the case of medical expenses, ongoing cover for such expenses as are reasonably 
and necessarily incurred as a direct result of such accepted claim (other than those 
already covered by the Employer) or;  

8.3 A redemption of medical expenses referred to in 8.2.  

8.4 In the case of financial support:  

(a) A top-up payment to achieve 80% notional weekly earnings or 80% of the 
difference between actual earnings and notional weekly earnings until retirement 
or return to work, subject to a work capacity review as per the Workers 
Rehabilitation and Compensation Act 1986 and meeting the obligations set out in 
this policy, or  

(b) a redemption of 8.4(a); or  

(c) payment of an amount equivalent to the payment to which the worker would have 
been entitled to under section 39 of the Return to Work Act 2014 had their 
compensable injury occurred after 1 July 2015.  

8.5 Any financial support provided for in this policy shall be discounted to the extent of any 
payment made pursuant to Part 4, Division 6 of the Return to Work Act 2014.  

 

9. WORK CAPACITY REVIEW PROVISION - as referred to in 7.4(a) and 8.4(a)  

9.1 In regard to 7.4(a) and 8.4(a), a worker s entitlement to financial support pursuant to this 
policy does not commence, or if having commenced, ceases, unless the worker is 
assessed by the employer as: 

(a) having no current work capacity; and  

(b) likely to continue indefinitely to have no current work capacity; or  

(c) being in employment, and that because of the compensable injury the worker is, 
and is likely to continue indefinitely to be, incapable of undertaking further or 
additional employment or work which would increase the worker's current weekly 
earnings.  



SMOEA 2021      Page 54 of 55 

 

9.2 A review of the assessment of a worker under 9.1 may be conducted by the employer at 
any time and must be conducted as often as may be reasonably necessary, being at 
least once in every 2 years.  

9.3 An assessment under 9.1 may be conducted before or after the period of financial 
support provided pursuant to the Return to Work Act 2014 has been exhausted.  

9.4 A worker receiving financial support under this policy shall continue to receive such 
financial support unless or until the employer has assessed whether the worker as:  

(a) having no current work capacity; and  

(b) likely to continue indefinitely to have no current work capacity.  

9.5 The employer must not discontinue the financial support under this policy on the basis of 
a work capacity assessment until it has given the worker 13 weeks notice in writing of the 
proposed discontinuance. Such notice must not be given unless and until the 
assessment referred to herein has been undertaken.  

9.6 A worker who is, or has been, entitled to financial support under this policy may apply to 
the employer for a decision that the worker's entitlement to financial support under this 
policy does not cease.  

9.7 The employer, upon receipt of an application under 9.6 may decide that the worker's 
financial support under this policy does not cease as contemplated by 9.1 if the employer 
is satisfied that the worker is in employment and that because of the work injury, the 
worker is, and is likely to continue indefinitely to be, incapable of undertaking further or 
additional employment or work which would increase the worker's current weekly 
earnings.  

9.8 The employer:  

(a) must within 90 days of receiving an application under 9.6, make or refuse to 
make a decision under 9.7 and advise the worker in writing of its decision (unless 
the employer requires an extension of time because of the operation of 
paragraph (b)); and  

(b) must not refuse to make a decision under 9.7 on the ground that the employer is 
not satisfied under the requirements of that clause unless   

i. the employer has referred the medical question whether, because of the 
injury, the worker is, and is likely to continue indefinitely to be, incapable 
of undertaking further or additional employment or work, and if not so 
incapable, what further or additional employment or work the worker is 
capable of undertaking, for the opinion of an Independent Medical 
Adviser ( IMA ); and  

ii. the opinion of the  IMA  is that the worker is not so incapable and 
specifies what further or additional employment or work the worker is 
capable of undertaking.  

9.9 If the employer makes a decision under 9.7, the worker is entitled to financial support in 
accordance with clause 7.4 (for injuries occurring on or after 1 July 2015) or 8.4 (for 
injuries occurring prior to 1 July 2015).  

9.10 The entitlement to financial support under 9.9 continues until   

(a) the employer ceases to be satisfied as to the matters specified in 9.7; or  

(b) the worker otherwise ceases to be entitled to financial support under this policy.  

10. CEASING OF BENEFITS  

10.1 In regard to a worker s entitlement to financial support ceasing for any reason other than 
on the basis of a work capacity assessment, 28 days notice outlining the reasons for 
discontinuance is to be provided before the discontinuance of financial support.  

10.2 Benefits pursuant to these this policy shall no longer apply in the event that an eligible 
worker in the view of the employer:  

(a) Has  returned to work  under the Return to Work Act 2014; or  

(b) Has had a Work Capacity Assessment the result of which is cessation of 
payments under clause 9.1 of this policy; or  



SMOEA 2021      Page 55 of 55 

 

(c) Fails to comply with the Mutual Obligations of this policy; or  

(d) Receives a redemption of entitlements pursuant to the Workers Rehabilitation 
and Compensation Act 1986 or the Return to Work Act 2014; or  

(e) Retires, resigns or is terminated from employment; or  

(f) Is in receipt of income or other financial benefits in lieu of wages; or  

(g) Is classified as a seriously injured worker under the Return to Work Act 2014.  

10.3 If a worker applies for and takes a period of annual or long service, the employer may 
suspend the financial support that would otherwise be payable to the worker during the 
period while the worker is on leave.   

11. PROVISIONS APPLICABLE TO MEDICAL EXPENSES  

11.1 In the case of 7.2 and 8.2, an eligible worker incurring medical expenses beyond the 
period provided for within the Return to Work Act 2014 pursuant to this policy shall in the 
first instance claim such incurred expenses against the private health insurance policy 
held by the worker or, in the case of a worker whose private health insurance policy does 
not cover the particular item or who does not hold a private health insurance policy, from 
Medicare.  

11.2 The worker may then claim  out of pocket  costs against this policy for:  

(a) attendance, examination or treatment by a health practitioner including the 
obtaining of a certificate or report; or  

(b) any diagnostic examination or test required for the purpose of treatment by a 
health practitioner; or  

(c) any medical services which are included in the scales of charges published by 
the Minister for Industrial Relations under section 33(12)(a) of the Return to Work 
Act 2014.  

12. DISPUTATION RESOLUTION PROCEDURE  

12.1. Where a dispute arises in relation to the operation of this Schedule, the Parties may raise 
a dispute in accordance with clause 9.  
 

-oOo- 


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