When it comes to your rights and entitlements at work, NSWNMA General Secretary Shaye Candish has the answers.
In the last edition, members were encouraged to use the then upcoming state election as a referendum on who would best deliver safe patient care in a safe workplace. Many other government sector workers, their families and friends, along with concerned community members, did likewise on a range of issues impacting essential workers. Pleasingly, with the election of a Minns ALP government, action has commenced to implement the promises made to public health nurses and midwives to revamp and upgrade staffing and accountability. Progress is also continuing federally in aged care via the work value case and legislation requiring nurses 24/7 and a minimum number of nurse/care minutes per resident. There were also some good announcements for health care in the recent federal budget. But, as always, all the above progress is underpinned by your existing workplace entitlements and enforcing them effectively. Let’s get to it …
Night shifts in a 12-hour roster
We are about to start working a 12-hour roster system in a public hospital unit. What is the breakdown of day shifts to night shifts?
Under Clause 5(v)(i) of the Public Health System Nurses’ and Midwives’ (State) Award, no more than 50 per cent of shifts should be night shifts unless it has been otherwise agreed between staff and the manager of the unit. Remember, you also can’t be asked to work overtime that extends your 12-hour shift.
Rectifying an underpayment at Ramsay
I work in a hospital operated by Ramsay. How quickly do they need to rectify an underpayment of wages?
Under Clause 7.4 of the Ramsay Health Care Australia Pty Limited and NSW Nurses & Midwives’ Association and ANMF NSW Branch Enterprise Agreement 2021–2023, when an underpayment occurs the hospital should rectify the error as soon as possible and, on the next day, that pay is due. But, where the underpayment creates serious financial hardship (defined as wages over $100), the hospital will make a special payment outside of the usual pay arrangements, and within one day where practicable.
Flexibility with working hours
I work in a public hospital and need to vary my working hours to assist with some non-work issues. My manager has mentioned I’ll need to get a TIRA. Can you explain what that is?
A TIRA is a ‘Temporary Individual Roster Agreement’. These are entered into when personal circumstances change and some flexibility is needed to better balance work and family life, for example, until the issue is resolved. The ‘NSW HealthShare Roster Resource Manual’ has a sample TIRA request form, although your manager should be able to provide you with one. These are temporary and are usually reviewed every three to six months. Once applied for, a response should be given within 14 days and, if the application is rejected, the reasons should be provided.
Part-time hours at Opal
I am about to start part-time work in an Opal nursing home. Is there a minimum number of hours I can be contracted for?
Under Clause 11.3 of the Opal Aged Care (NSW) Enterprise Agreement 2016, a part-time employee is someone engaged to work less than an average of 38 hours per week. The minimum engagement of ordinary hours for a part timer is a minimum of three hours (also set out in this clause). So, all in all, a broad span of hours that can be contracted for.
Break between shifts
My roster has shifts with only an eight-hour break. Is that permitted in public health?
Under Clause 4(iv) of the Public Health System Nurses’ and Midwives’ (State) Award, you are entitled to a minimum ten-hour break between rostered shifts of ordinary hours unless you have agreed otherwise. Your manager may believe you have agreed to or signed a 10-hour break waiver form, which would permit such a rostering practice. If you haven’t signed one or agreed otherwise, let your manager know the roster will need to be adjusted to reflect your award entitlement.
Superannuation increase
When is the next increase to employer superannuation contributions happening?
The May 2023 Federal Budget confirmed the maintenance of the Super Guarantee’s legislated increase to 12 per cent. From 1 July 2023, the Super Guarantee payable by employers will increase from 10.5 per cent to 11 per cent. It will continue to increase by 0.5 per cent on 1 July each year until it reaches 12 per cent in 2025.
Notice of roster at Healthscope
When should a new roster be put out in a hospital operated by Healthscope?
Under Clause 10 of the Healthscope – NSWNMA/ANMF – NSW Nurses’ and Midwives’ – Enterprise Agreement 2020–2024, a roster giving two weeks’ notice is required for full-time and part-time employees. The roster should be displayed in a place conveniently accessible to employees. Check out the clause for further information as to when a posted roster can possibly be changed by either the hospital or employee.
Higher-grade duty
When I work up a grade as a NUM, does the position need to be vacant to get paid higher-grade duty? I work in a public health service.
If you are called upon to work or relieve in the NUM position, you should be paid higher-grade duty, whether the position is substantively vacant or not. Remember, to get the payment, you will need to undertake five working days consecutively in the role. Check out Clause 24(i) of the Public Health System Nurses’ and Midwives’ (State) Award for all the details.
Minimum shift at Estia
What is the minimum shift length when working at a nursing home run by Estia?
Under Clause 21.1 of the Estia Health NSW Enterprise Agreement 2019, the minimum engagement (or payment) is two hours for casuals, and four hours for all other staff.