The Varied Australian National University Enterprise Agreement 2005 – 2008

Part Eight – Ceasing Employment

57. Ceasing employment as a result of ill health

57.1  The procedures of this clause are independent of any right that a staff member may have to medical retirement benefits under his or her superannuation fund. Where a staff member applies to his or her superannuation fund, the provisions of 57.8 below apply.

57.2  A staff member whose capacity to perform the duties of his or her position is in doubt, apparently as a result of a medical condition, may be required by the University to undergo a medical examination.  Unless there is well founded concern regarding immediate harm as a result of the illness to the staff member or others, the University will   give not less than 2 months’ notice that a medical examination is required; choose the medical practitioner; and pay for the cost of the examination.

57.3  The medical practitioner will as far as possible apply the same standards that would be used by the staff member’s superannuation scheme in granting permanent disablement or other similar benefit.

57.4  A copy of the medical practitioner’s report will be provided to the delegate and the staff member.  Where the medical report states that the staff member is unable to perform his or her duties, and is unlikely to be able to perform them and/or resume them within 12 months, the University may terminate the employment of the staff member, giving 6 months’ notice in writing.  The staff member may seek review of the termination under 57.9.

57.5  The staff member may submit a resignation before the University terminates his or her employment, provided the last day of duty is within a reasonable period. 

57.6  Where a staff member refuses (except where the situation warrants immediate action) to undergo a medical examination within 3 months of a written notification to do so, the University may reasonably conclude that the staff member is unable to perform his or her duties and is unlikely to be able to resume them within 12 months, and may terminate employment giving 6 months notice.

57.7  A refusal by a staff member to undergo a medical examination will not constitute misconduct and will not lead to any greater penalty or loss of entitlements than the action under 57.4.

57.8 Superannuation applications

57.8.1 At any time during the processes in 57.2 to 57.6 above, a staff member may apply to his or her superannuation fund for a permanent disablement or temporary incapacity benefit due to a medical condition.  Further action under this clause will be suspended until the outcome of the superannuation application is known.

57.8.2  Pending the superannuation fund’s decision, and subject to the provision of medical certificates, the staff member may use accrued leave entitlements and, if all paid leave entitlements have been used, will remain on leave without pay.

57.8.3  Where the superannuation fund approves a temporary incapacity benefit, the University will give effect to the superannuation fund’s instructions for payment.

57.8.4  If, following a period of temporary incapacity benefit payments, the superannuation fund decides that the staff member is capable of resuming work, the University may dispute the decision and proceed with the medical examination provided for in 57.2.

57.9 Review

57.9.1 Within 10 working days of receiving notice of termination under 57.4, the staff member or, where the staff member has chosen, his or her representative may request that a Medical Panel review the findings of the medical report.

57.9.2 The Medical Panel will comprise three medical practitioners, being: one appointed by the University; one recommended by the staff member or where they have chosen, their representative; and one appointed by the President of the ACT Branch of the Australian Medical Association.

57.9.3 The Medical Panel must not include the practitioner who made the initial report   and will as far as possible apply the same standards that would be used by the staff member’s superannuation scheme in granting permanent disablement or other similar benefit.

57.9.4 The staff member’s employment will not terminate prior to the Medical Panel reporting its findings.

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