(NB: It is likely that we will amend our application to increase the rates of pay given the time lapse since the application was first lodged. This would result in those rates of pay being increased.)
The above structure is based on the notion that an Assistant Nurse should be working at a skill level equivalent to somebody who has successfully completed the Certificate Level III in Aged Care.
The QNU believes by far the majority of Assistant Nurses are currently working at least at this level and if correctly assessed would be able to demonstrate this. Levels 4 and 5 of the structure allow an Assistant Nurse to progress based on additional experience and obtaining new skills. Levels 1 and 2 of the structure provide for people who have not had the full skill level required of an Assistant Nurse but are working towards that. No rates of pay are set against these levels at this point because there are a range of options depending on the type of training arrangements that may be in place.
Some of the reasons for this proposed structure for Assistant Nurses are as follows
- In the early 1990's a number of special cases were established for nurses working in Queensland which resulted in the current structure for Registered Nurses and Enrolled Nurses. It has always been the intention to restructure the Assistant Nurse classification. This application is fulfilling that intent.
- It was the intention of the parties to finalise a classification structure in the Nurses Aged Care Interim Award at some point.This intent is reflected in the award.
- The QNU believes that the substantive changes that have occurred in aged care since the Nurses Aged Care Interim Award - State was made have resulted in a qualitative difference in the work performed by Assistant Nurses. This difference needs to be recognised both in rates of pay and in classification structure.
The second part of the Union's application is the most controversial. This proposes the inclusion in the award of skills mix and staffing ratios as follows:
Staffing ratios - high care facility:
Day and evening shift Night Shift - 1 Registered Nurse + 1 Enrolled Nurse + 1 Assistant in Nursing for 15 Residents
OR
1 Registered Nurse + 2 Assistants in Nursing for 10 Residents
1 Registered Nurse + 1 Enrolled Nurse + 1 Assistant in Nursing for 20 Residents
OR
1 Registered Nurse + 2 Assistants in Nursing for 15 Residents
Staffing ratios - low care facility:
Day and evening shift Night shift
1 Registered Nurse + 1 Enrolled Nurse + 1 Assistant in Nursing for 20 Residents
OR
1 Registered Nurse + 2 Assistants in Nursing for 15 Residents
1 Registered Nurse + 1 Enrolled Nurse + 1 Assistant in Nursing for 25 Residents
OR
1 Registered Nurse + 2 Assistants in Nursing for 20 Residents
Provisions to ensure that 25% of all registered nursing staff are Level 2 Registered Nurses.
Provisions in the Award to provide for both full and part time traineeship while recognising prior learning.
Incidental amendments to provide consistency of non wage entitlements including allowances and penalty rates across all classifications of employees.
There are a number of reasons why the QNU is seeking the insertion of these staffing ratios. Some of those are as follows:
- Since the abolition of CAM/SAM funding arrangements, nursing hours have been decreased across many aged care facilities. CAM had provided a means of some control over nursing hours and skills mix.
- Nearly all other areas where nurses are working have arrangements in place for determining nursing levels (eg. Patient Nurse Dependency systems in the acute sector)
- The workloads of nurses in aged care have been escalating and a system needs to be in place to control those workloads. Staffing ratios and skills mix will do this.
- The higher dependency levels of residents require increasingly complex medication regimes which required qualified nursing staff to administer.
- Residents in nursing homes are increasing having more acute and complex illnesses and conditions that require adequate nursing staff. Employers owe a duty of care to staff and in the absence of adequate staffing levels, the QNU believes they are in breach of this duty. In fact, the Quality of Care Amendment Principles (No.1) 1998 reflects this by establishing a non-exhaustive list of nursing services to be provided by a Registered Nurse.
- A number of nursing homes currently have staffing ratios/skills mix that are quite close to the QNU proposals.
- Improved staffing levels and skills mix ratios will improve workplace health and safety in aged care facilities.
- Improved skills mix and staffing ratios actually assist employers with their revenue as a result of accurate completion of data required under the Resident Classification Scale.
The third part of the QNU application is to make provision for traineeships to operate on a full time and part time basis in the aged care industry. It is likely that this part of the QNU application will attract little opposition as by the time it is determined there will be other arrangements for part time traineeships in place. Arrangements for full time traineeships currently exist.
Commission Proceedings
To date there have been several preliminary hearings in the Industrial Commission on the QNU's application. Considerable interest has been attracted from a variety of sources and a number of groups have sought to be represented in the Industrial Commission. These include Queensland Health; Liquor, Hospitality and Miscellaneous Workers' Union; Australian Workers' Union and various employer groupings represented by a range of consultants.
All those appearing in the Commission have been opposing the QNU's application to varying degrees. All (with the exception of Queensland Health who have not ventured an opinion) have expressed opposition to the staffing ratios component of the QNU application.
The majority of employers, in addition to their opposition to the staffing ratios, have fallen in behind a response to the QNU's application that seeks to introduce a major re-write of the Nurses Aged Care Interim Award - State which goes beyond the QNU's application.
While aspects of the response of the majority of employers are unpalatable, others would appear to have a high level of merit. Importantly, the majority of employers do not appear to be seeking to reduce substantially the entitlements under the Award.
Key aspects of this group of employer's response include:
- Some restructuring of the Assistant Nurse classification based on similar principles to that being applied by the QNU
- Reworking of the Enrolled Nurse classification
- Reworking of the paypoints for Registered Nurses. The employers do not propose to move away from the five level registered nurse structure but seek to reduce the number of paypoints within in each level (eg. from 8 to 4 for a Registered Nurse Level 1). The reduction in paypoints would not necessarily mean a reduction in pay as the employers have not chosen the lowest paypoints but rather an amalgamation of the existing paypoints.
- An exemption from the hours of work and overtime arrangements for Level 3 nurses in the same way as there is a similar exemption for Levels 4 and 5.
- Some other changes are proposed in respect of hours of work and some allowances.
The QNU has indicated to the employers that there is scope for negotiation on some of these matters. For example, as the QNU is seeking to restructure the Assistant Nurse classification obviously there needs to be negotiations on that issue.
The QNU is not however supportive of employer proposals for the Enrolled Nurse. We have indicated we are prepared to discuss the proposals for Registered Nurses but that we are not prepared to accept an exemption for Level 3 nurses from the hours of work and overtime provisions and indeed believe that the current exemptions for Levels 4 and 5 need to be better regulated.
A minority of aged care employers however sought to use the QNU application to pursue a far more radical agenda. This group of 15 employers, covering the following aged care facilities are seeking an exemption from the Nurses Aged Care Interim Award - State. Those employers are:
- Mercy Aged Care Services (James Bruce Gordon Hostel; McAuley Place Hostel)
- Tricare Limited (Annerley NH, Bundaberg NH, Cypress Gardens NH, Jindalee NH, Labrador NH, Kawana Waters Hostel, Mermaid Beach NH, Mount Gravatt NH, Pimpama NH, Point Vernon NH, Stafford Heights NH, Toowoomba NH).
- Clanwillian P/L (Beenleigh NH, Janolma NH, Nerang NH)
- Hibernian (Qld) Friendly Society Limited (Bally Care Retirement Living Complex)
- Hibernian (Qld) Friendly Society Limited (Hibernian Nursing Home)
- Jomal Pty Ltd (Sunnymeade NH, Seahaven NH)
- Amarina Investments Pty Ltd (Amarina NH)
- Forest Place Group Limited (Forest Place NH)
- Fleming Health Services Pty Ltd (Wooloowin NH, Wynnum NH, Nunyara NH, Redland Bay NH)
- CNC Pty Ltd (Coorparoo NH)
- People Care Pty Ltd (Hibiscus House)
- St Vincent's Community Services
- Catholic Diocese of Rockhampton
- Corporation of the Franciscan Sisters of the Heart of Jesus Queensland (Francis of Assisi Home)
- Alchera Park Pty Ltd (Alchera Park)
They are also seeking exemptions from the other awards that apply to non-nursing employees. In their place they are proposing a single award that for nurses would mean a loss of the career structure, loss of accrued day off, a reduction in annual leave, a reduction in some shift penalties, a reduction in sick leave and a reduction in wages for some classifications.
The Full Bench has advised these employers that if they want to pursue such a far reaching agenda they need to make a separate application. QNU anticipates they will make such an application.
A committee of QNU Councillors and officials, chaired by Secretary, Gay Hawksworth will oversee the running of the QNU's case, and will also organise consultation and reports to members. | 
