In an email to members, NSWNMA General Secretary Shaye Candish said the union wrote to Estia management seeking a change to the code “so you can have rules which require respect and inclusion from employees, without the need to put a blanket ban on language during your breaks”.

She added, “We have also raised our concerns about the ban on other languages being unlawful under racial discrimination law and the Fair Work Act.”

“As union members we stand up for respect and we call on employers to value diversity and inclusion as we do. This includes making sure that everyone, no matter what languages they speak, can take their breaks in a supportive and inclusive tearoom.”

The NSWNMA enlisted the support of aged care unions in other states to run a joint national campaign on the issue.

In December 2024, Estia told the NSWNMA it had changed the code of conduct to now say: “Whilst staff may speak their own language in the staff room while on their unpaid break, they should consider the impact on those around them, for example speaking about other staff in a way that is excluding them from the conversation.”

Fane described the result as “a good win which showed workers why we need a union and what we can achieve together. We got more members to join the union as a result of the campaign.”

“A lot of workers were relieved and happy the campaign was successful, but some were disappointed that it took Estia so long to change
the policy.”

Shaye said that as a result of Estia’s changed policy, “staff can now speak with colleagues, make video calls to family and connect in their own language during break times without fear of disciplinary action”.

“This is a significant win for nurses and care workers who were unfairly restricted by the previous policy requiring them to speak English at all times.

“While clear communication with residents remains a priority, and English remains the language for all work-related interactions, the change means staff can express themselves in their own language during their free time.

“This victory highlights the power of collective action. The NSWNMA remains committed to protecting workers’ rights and fighting against workplace racism.”