Sjghc (Vic Hosp) Health Professionals Enterprise Agreement 2013

5 1. TITLE This agreement is considered St. John of God Health Care HSU Health Professionals, Administrative, Clerical and. 2. PARTIES The parties to this Agreement are St John of God Health Care Inc. (the Employer) and are subject to compliance with the provisions of Sections 185 and 201(2) of the Fair Work Act 2009, the Union of Health Services (the Union). 3. SCOPE AND SCOPE This Agreement applies to nurses eligible for membership of the Union and employed by the employer in its hospitals in the State of Western Australia. 4. 6. GLOBAL AGREEMENT The Parties intend to make this Agreement a comprehensive document that applies to the officials covered by this Agreement, excluding all applicable industrial attributions and agreements. In addition, it is envisaged that any provision of that agreement should be interpreted in such a way as not to contain unlawful content and that any provision would operate only in a way that would not constitute unlawful content. 7.

INTERPRETATION (1) In this agreement, accrued free time means paid free time that is due when a full-time assistant works 40 hours per week instead of 38 at a reasonable hourly rate. Caregiver means an employee of St. John of God Health Care Inc. Page 5 of 55 17 Overpayment of wages (4) If a caregiver is paid for work that is not performed retrospectively or is otherwise overpaid, the employer has the right to change the caregiver`s subsequent wages or salaries. Exceptional overpayments (5) Subject to sub-clauses (7) and (8), one-off overpayments may be recovered by the employer immediately after the payment period in which the payment was made or immediately after the payment period in which it was found that an overpayment occurred. Accumulated overpayments (6) Subject to subsections (7) and (8), accumulated overpayments may be recovered by the employer at a rate agreed between the employer and the guardian, provided that the rate at which the overpayment is recovered is not less than the rate at which it was overpaid or USD 50 per week, whichever is less per salary period. (7) In exceptional cases, other rules may be made between the employer and the guardian for the recovery of overpayments. 8. The employer is obliged to inform the guardian of his intention to recover an overpayment, to provide the guardian with sufficient information to prove that an overpayment has occurred and to consult the guardian on the reasonable rate of recovery. Underpayment of wages (9) If a caregiver is underpaid in any way, the employer will correct the error as soon as possible taking into account subsections (10) and (11).

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