NSWNMA members take action to defend annual leave, long service leave and sick leave, as the hospital returns to public hands.

Their entitlements to long service leave, annual leave and accrued sick leave were under threat of being paid out as a result of the hospital’s transfer back into public hands.

On 1 July, the operation and management of Hawkesbury District Health Service was transferred from St John of God Health Care to Nepean Blue Mountains Local Health District, under the new name of Hawkesbury District Hospital.

St John of God Health Care had operated the 131-bed facility for the previous eight years, providing public patient services under a public–private partnership (PPP) with the LHD.

An announcement on the St John of God website said, “Operating a single public–private partnership hospital in New South Wales creates a range of operational and financial challenges.”

Before St John of God Health Care took control in 2015, the hospital was operated as a PPP by Catholic Healthcare, which took it over from the state government in 1996.

In March, staff learned their leave was intended to be paid out, due to the transfer of business between the public and private sectors.

As NSW Parliamentary Secretary for Health Dr Michael Holland put it in a letter to state MP Robyn Preston, as quoted in The Hawkesbury Post: “The Australian Government legislation (Fair Work Act 2009) prevents staff from being able to be transferred directly to the district. This means that once a staff member’s employment at St John of God ends, the Act prescribes obligations on the employer to pay annual and long service leave entitlements.”

POSITIVE OUTCOME

Following protest action by nurses and midwives, and negotiations between the NSWNMA and the NSW Government, agreement was reached to give all staff the option to transfer their accrued annual and long service leave entitlements to their new employer – NSW Health – or have them paid out.

NSWNMA General Secretary Shaye Candish thanked the NSW Government and St John of God Health Care for working collaboratively with the union to achieve a positive outcome for staff.

“This  has  been  an  incredibly stressful and anxious time for our members, so this decision means a lot to them and their families,” she said.

NSWNMA branch secretary at Hawkesbury DHS Ben Wright said staff had faced “a forced leave payout, a loss of accrued sick leave entitlements and a drop in take- home pay due to changes in salary packaging arrangements”.

Ben said getting entitlements paid out in a lump sum would have affected government support payments such as family tax benefits, paid parental leave and childcare rebates, and would have pushed some people into higher tax brackets.

He added: “We’ve now been assured that all our sick leave will be transferred, our current salary packaging arrangements will continue for another two years, and members will have the choice to transfer their long service and annual leave entitlements.”

ONLINE PETITION SIGNED BY 2500

Nurses and midwives organised an online petition that quickly attracted more than 2500 signatures.

They rallied outside the hospital at Windsor in northwest Sydney in their own time, calling for a transition that did not disadvantage staff.

The  rally  attracted  more  than 100 hospital employees and community members, including state MP Robyn Preston.

NSWNMA delegate for Hawkesbury DHS branch Ann Jackson said federal MP Susan Templeman was unable to attend but sent a letter of support, with an undertaking to lobby for

‘The level of public support really demonstrated what a fantastic community we have in the Hawkesbury.’

• Ann Jackson, NSWNMA delegate, Hawkesbury DHS branch changes to unfair provisions of the law affecting employee transfer.

Ann, who has worked at the hospital for almost 30 years, described the outcome as a win and a big relief for staff.

“People now have a choice: they can transfer their leave entitlements or have them paid out. If they choose a payout, they will have the option to take leave without pay later on,” she said.

Ann said the leave arrangements originally announced would have hurt the longestserving and most loyal staff.

“Some people had thousands of dollars’ worth of leave, but it wasn’t just about the money – it was also about the time. Many people have not been able to take their leave because of the COVID pandemic.

“It’s not unheard of for some people to have 400 hours of leave and 12 months long service leave if you’ve been there for 30-odd years.”

‘FANTASTIC’ COMMUNITY SUPPORT

Ann said gaining community support was a big factor in the win.

“People came up to us asking what they could do to help, and we pointed them to the petition.

“ The level of public support really demonstrated what a fantastic community we have in the Hawkesbury.

“We are very appreciative of the NSWNMA, NSW Health and St John of God Health Care for working together to resolve this for us.”

Ann said there was still some confusion about the tax implications of the transfer of employment.

“A small minority of staff may face negative tax implications due to factors outside the control of NSW Health and St John of God.

“Some people could find themselves in a higher tax bracket as a result of Tax Office requirements. The federal government needs to look at this so it doesn’t happen to other nurses in the future.”

Ann said Hawkesbury Hospital, originally built as a convict barracks in 1820, held a special place in the hearts of the community. It was converted into a hospital for convict gangs, became a hospital for the poor and later opened as a state hospital.

St John of God said it would keep its two other NSW hospitals at Richmond and Burwood. They are private mental health facilities.