When it comes to your rights and entitlements at work, NSWNMA General Secretary Shaye Candish has the answers.

Aged care is finally having its day … and about time.

Don’t believe those who say that a change of government won’t make a difference!

Admittedly we are all too often disappointed in all political parties and governments from time to time. But in the sphere of aged care, the current Commonwealth Government has hit the ground running. Legislation has been passed introducing the need for registered nurses to be on duty and on site around the clock from 1 July 2023. It is moving to legislate nurse and care minutes per resident. The work value case to increase the minimum pay rates in aged care has recently resulted in a 15 per cent interim wage increase. The Commonwealth Government has stated it will fund any increase.

For decades, aged care has been neglected or worse; decisions made that often led to a race to the bottom in wages and the care provided. It was only through member persistence, and an unwillingness to yield, that a spotlight continued to be shone on the sector. The next 12 to 18 months will see changes introduced and bedded down that will transform the aged care sector in a way that was unthinkable only a year or two ago.

There is still plenty to do, but let’s take a moment to check out the aged care report card below and be quietly satisfied that all the hard work of campaigning, and keeping up the good fight when it seemed for no purpose, has finally delivered some tangible change and real optimism about the future.

Special edition – Aged Care

What is the work value case about?

The Association and Health Services Union (HSU) made applications to the Fair Work Commission (FWC) to vary the Nurses Award 2020, the Aged Care Award 2010 and the Social, Community, Home Care and Disability Services Industry Award 2010. Often called Modern Awards, these set out the safety net that wages cannot go below.

What did we ask for?

The fundamental ask was to increase rates of pay in these three awards for those working in aged care and home care by 25 per cent based on work value.

So, what was the decision?

The FWC determined in an “interim decision” that a 15 per cent wage increase was justified on work value grounds for those working in direct care under the three awards.

Why did the FWC call it an interim decision; can they take the increase back?

The FWC called it an interim decision only because it did not necessarily exhaust the full claim for 25 per cent. Further evidence and hearings will be heard next year, so, 15 per cent now, with more to possibly follow.

When does this increase get paid?

This is yet to be determined. In what the FWC is calling Stage 2, discussions commenced at the end of last month to work out how and when the 15 per cent increase will be paid. The FWC was keen to hear from the Commonwealth Government as to what funding would be made available.

Does this mean that all nursing classifications will get this increase?

Not necessarily. The increase of 15 per cent is being applied to the “safety net” minimum pay rates contained in the Nurses Award 2020. So, if you are employed in aged care on this award, then yes, you will receive this increase in full.

But if you are on an enterprise agreement, your rates of pay will only be increased to make sure you do not receive less than the new pay rates in the Nurses Award 2020 after the 15 per cent increase has been added in.

So, if my agreement rate is higher, I won’t receive an increase?

At this stage, that is correct. If your enterprise agreement rate of pay remains higher than those in the adjusted award, you will not receive an increase as your wages remain higher than the safety net rate.

But this interim decision (along with any others in Stage 3) lifts the wages floor and will set the future base that wages will be negotiated on for enterprise agreements.

What happens next?

The interim decision was Stage 1. In Stage 2, how and when the 15 per cent increase is to be paid will be sorted out. Then comes Stage 3, which will consider further increases for direct care workers and what increase, if any, will be provided to non-direct care workers.

Should we be satisfied with this outcome?

The 15 per cent interim increase is a good first step, but more still needs to be done to better recognise and reward the efforts of nurses in aged care or home care.

What has the Commonwealth Government done about its promises in aged care?

Firstly, the government intervened in the work value case and supported a wage increase and committed to funding any increase. It has also already delivered on its promise to pass a law that residential aged care facilities will need to ensure that there is at least one nurse on site, and on duty at all times from 1 July 2023. Finally, after years of campaigning, we’ll have RNs 24/7! While an exemption process is available, it contains several checks and balances.

How will the exemption process work, and will it be too easy to get one?

The law requires approval of an exemption by the Secretary of the Commonwealth Department of Health. No exemption can last longer than 12 months. If an exemption is granted, the Secretary must make public the name of the provider and the facility, the period for which the exemption is in force, and any conditions that have been applied to the exemption. So there are a few hoops to jump through and there is transparency in the process.

More work is happening about RN minutes and care minutes per resident. But this is already a significant step forward and beyond anything promised by the previous government.