Australian Salaried Medical Officers Federation Queensland, Industrial Union of Employees

Transcription

1 Schedule 7 Draft updated Agreement for the Provision of Services Australian Salaried Medical Officers Federation and Australian Salaried Medical Officers Federation Queensland, Industrial Union of Employees and The Queensland Branch of the Australian Medical Association Limited Agreement for Provision of Services between: Australian Salaried Medical Officers Federation ( ASMOF ); and Australian Salaried Medical Officers Federation Queensland, Industrial Union of Employees ( ASMOFQ ); and The Queensland Branch of Australian Medical Association Limited ( AMAQ ) Agreement between the ASMOF and the ASMOFQ and AMAQ (the Parties ) regarding the provision of services by AMAQ to Conjoint Members. RECITALS A. The ASMOF is an organisation registered pursuant to the Fair Work (Registered Organisations) Act, 2009 (Cth) that has, as one of its Branches, a Queensland Branch ( Qld Branch ). B. The ASMOFQ is an industrial organisation registered pursuant to the Industrial Relations Act (Qld) 2016 C. The AMAQ is a company limited by guarantee D. The ASMOF, ASMOFQ and AMAQ have entered into an agreement whereby ASMOF

2 and ASMOFQ members are offered membership of AMAQ. E. AMAQ employs staff to provide industrial representation and membership services to Conjoint Members. TERMS 1. For the purposes of this Agreement:. a) Act means the Industrial Relations Act, 2016(Queensland);. b) Agreement means this agreement for the provision of services;. c) FW Acts means the Fair Work Act, 2009 (Cth) and the Fair Work (Registered Organisations) Act, 2009 (Cth);. d) Qld Branch of ASMOF means the Queensland Branch of ASMOF;. e) Conjoint Members means persons who are financial members of AMAQ and as such are members of ASMOFQ and ASMOF;. f) Conjoint Membership Agreement means an agreement between AMAQ and ASMOF and ASMOFQ entered into pursuant to Rule 13(7) of the ASMOF rules;. g) Membership Services means member services, advocacy on professional issues relevant to Queensland and associated services;. h) Parties means the parties to this Agreement; 2. This Agreement will operate from the date on which execution by all Parties is completed for a period of five (5) years. 3. The AMAQ agrees to provide:. a) Conjoint Members access to:. (i) industrial representation before the Queensland Industrial Relations Commission and Fair Work Australia as appropriate, noting that complex matters may need external legal advice;

3 . (ii) employment related advice;. (iii) membership services including support for the negotiation of industrial agreements covering members in Queensland;. b) the Branch Secretary of the Qld Branch of ASMOF:. (i) reports as may be reasonably required;. (ii) information as may be reasonably required;. (iii) member information in accordance with Schedule 3 of the Conjoint Agreement.. (iv) Branch information as set out in Schedule 3 to the Conjoint Agreement.. c) Secretarial services for the Qld Branch of ASMOF as may be reasonably required, limited to activities carried out during the term of this agreement, which will include:. (i) provision of a membership register that accords with, and is kept in accordance with, the Fair Work Acts;. (ii) preparation of meeting agendas, notices and minutes;. (iii) provision of a venue for the holding of meetings;. (iv) receipt of monies received by the Qld Branch of ASMOF;. (v) maintain a separate banking account;. (vi) preparation of regular financial reports, annual budget, and audit;. (vii) preparation of correspondence as agreed between the Parties;. (viii) preparation of relevant newsletters, and/or communications, to Conjoint Members as agreed between the Parties.

4 4. AMAQ further agrees to:. a) maintain appropriate procedures to enable the provision of the industrial representation of Conjoint Members including regular hospital based visits throughout Queensland, in person or using electronic media; b) continue to engage industrial staff as appropriate to provide industrial representation and employment advice to Conjoint Members including the in house capacity to represent members and ASMOFQ in front of the QIRC and FWC as appropriate, noting that complex matters or issues where there is potential internal conflict of interest, may need external legal advice.at no cost to the union other than the cost of external legal advice as sought by ASMOFQ.. c) provide airfares and reasonable expenses for AMAQ Industrial Officers to attend the joint industrial coordination meetings.. d) maintain the ASMOFQ website uploading content approved by a nominated officer of ASMOFQ ;. e) in January 2017 and in January for each year thereafter, AMAQ will pay to ASMOFQ the sum of $15,000 which ASMOFQ can expend or retain at its discretion, including use to obtain external legal advice. Once and if this fund accumulates a total of $75,000, no further payments will be made until further agreement between the parties.;. f) from 2017 and for each full year thereafter for the term of this agreement, AMAQ 5. ASMOFQ agrees to: will pay up to the sum of $105,000 for training (QIRC, FWA and other), audit, directors and officers insurance ( and if required public liability insurance) and website expenses of ASMOFQ and the Queensland Branch of ASMOF. AMAQ will negotiate these expenses on behalf of ASMOFQ within this $10,000 limit. a) adopt and maintain the relevant requirements of the QIRC and FWC. b) Call and conduct meetings that are held according to ASMOFQ and ASMOF (Qld Branch) constitutions. c) Use their best endeavors to rrecruit and retain conjoint members as able. d) Attend hospital events and meetings as able when requested by AMAQ

5 e) ASMOFQ agrees to provide timely information and postings to maintain a viable website. 6. The Parties further agree that:. a) they will at all times, promote the interests and benefits of all parties to the agreement;. b) they will not make any public statement concerning the other Party without having first received the prior approval of the other Party;. c) they will not make any oral or written statement about the other Party which is intended or reasonably likely to disparage the other Party, or otherwise degrade the other Party s reputation to its members or the public at large;. d) subject to the consent of the Parties, matters may be dealt with and/or facilitated by ASMOF on behalf of the Qld Branch. In such circumstances, ASMOF seek consent by meeting with nominated representatives of the Parties and providing detailed reasons, including the issues, proposed approach, outcomes sought, support needs and any other relevant matter;. e) the consent required by Sub-clause 6. d) will not be unreasonably withheld;. f) the cost of any action arising out of a determination made pursuant to Sub- clause 6. d) will be the ASMOF s cost. 7. The cost of conjoint membership will be equal to AMAQ membership and no further charge will be made for ASMOFQ membership. AMAQ will retain the full membership fees. 8. ASMOFQ-only Members. a) While the Parties agree that the preferred method of joining ASMOFQ is by participation in the conjoint membership arrangements, they acknowledge that some eligible persons may choose to become ASMOFQ-only members and not

6 join AMAQ.. b) In these circumstances, ASMOFQ agrees that it will charge ASMOFQ-only members a membership fee that will be no less than the equivalent AMAQ membership fee and that it will remit an amount equivalent to the membership fees that are collected from ASMOFQ-only members to AMAQ.. c) In return for the remittance of these monies, AMAQ undertakes to provide to ASMOFQ-only members industrial services of an equivalent nature and extent to those provided to Conjoint Members under this Agreement. 9. This agreement may be terminated on 3 months notice being given in writing by any party. Scope 10. Disputes a) This procedure applies to any dispute that may arise in relation to the operation or interpretation of this Agreement or such other matters as are agreed between the Parties. Procedure b) Any party to this Agreement may initiate the Dispute Resolution Procedure by providing to the other party or Parties a written notice describing the nature of the dispute. c) Within 7 days of the delivery of the dispute notice (or such longer period as may be agreed between the Parties), the Parties will meet to discuss the dispute and attempt, in good faith, to reach agreement or otherwise resolve the dispute. These initial discussions will be held between, in the case of ASMOFQ or the Queensland Branch, the relevant president or delegate and in the case of the AMAQ, the AMAQ CEO and Director. d) Where a dispute is not resolved within a further reasonable period under Sub- clause 10. c), the dispute will be referred to the relevant presidents of the ASMOFQ, the Queensland Branch, the AMAQ, the ASMOF and the Australian Medical Association Ltd and such other persons as may be agreed by the presidents to assist in the process of resolution. e) If the dispute remains unresolved following the process set out in Sub-clause 10. a) to 10. d), any party may refer the dispute to mediation. Such mediation is to be conducted by a mediator

7 independent of the Parties and appointed by agreement of the Parties or, failing agreement within a reasonable time, by a person appointed by the President of the Queensland Law Society. Other Matters. f) Notwithstanding the procedure set out above, a dispute may be referred to mediation at any time by agreement of the Parties.. g) The Parties may agree to skip one or more steps in this dispute resolution procedure. 11. Notices a) Any notice, demand, consent or other communication (in this clause, a Notice ) unless otherwise expressly provided for in this Agreement:. (i) must be in writing and signed by the sender or a person duly authorised by the sender; or. (ii) must be addressed and delivered to the intended recipient at the address or fax number set out in this sub-clause or the address or fax number last notified by the respective party to the sender after the date of execution of this Agreement: A. to ASMOF: The Federal Secretary ASMOF Locked Mail Bag 13 GLEBE NSW 2037 Facsimile No: (02) B. to ASMOFQ: The State Secretary ASMOFQ 88 L Estrange Terrace, Kelvin Grove QLD 4059 Facsimile No: C. to AMAQ The Company Secretary AMAQ 88 L Estrange Terrace, Kelvin Grove QLD 4059 Facsimile: b) Notice will be taken to be duly given or made when delivered, received or left at the fax number or address provided for in Sub-clause 11 a)(ii), provided that if delivery or receipt occurs on a day that is not a Business Day in the place to which the Notice is sent, or it is received later than 4pm (local time) at that place, it will be taken to have been duly given or made at the commencement of business on the next Business Day in that place.