19 June 2000

Churches of Christ Case

Imagine how you would feel in the witness box in a crowded courtroom. There is the judge, barristers, union officials, a representative of the Queensland Nursing Council, some of your nursing peers and perhaps most intimidating of all - your own employer.

You have been reclassified as an 'aged care worker' - you have lost some of your working conditions and entitlements and you have lost your status and professional identity as a member of the nursing team. Your employer s promoting 'models of care' which marginalise the role of nursing and has stated that in his view Enrolled Nurses are an anachronism in aged care.

So it was for QNU members Karen Borg and Michael Schulz (Enrolled Nurses) and Cathy Proctor and Bernece Burke (Assistants in Nursing). In the QNU case against Churches of Christ Care, each took their place in the witness box to argue the value of nursing and to claim that the work they perform is nursing work. Each was subjected to extensive examination and cross-examination by barristers.

The courage and determination of our members was truly evident in the way they approached this enormous challenge.

Also in the witness box was a series of expert nursing witnesses from around Australia - Marea Vidovich (expert in nursing and aged care) from Western Australia, Jill Clutterbuck from ANF Victoria, Kym Volp, DON St Vincent, Toowoomba, and Diana Noak, DON, Yeppoon Hospital and Nursing Home.

They all testified that the work that had been described by the four QNU members was in fact nursing work - work that was integral to the provision of care in such facilities in accordance with both nursing and aged care regulation.

All gave willingly and generously of their time to participate in this important court case. All demonstrated their commitment, strength of purpose and passion for the defence of nursing.

Diana Noak agreed to give up a good part of her weekend to conduct an inspection of the Fair Haven Nursing Home - the Churches of Christ facility at the centre of this dispute. She was then able to speak authoritatively about the type of facility it was and, importantly, the type of care required by and being provided to the residents of the facility.

All members should be justifiably proud and grateful to all those who have participated in this court case.

But just why was all of this necessary?

In March, 1999, the Churches of Christ reclassified Assistants in Nursing and Enrolled Nurses at the Fair Haven Nursing Home as 'aged care workers', resulting in the loss of one week's annual leave per year, a cut in wages for the Enrolled Nurses of some $4000 per year, and an effective reduction in the hourly rate of AINs - not to mention the loss of their professional identity. They did so using an agreement with the Australian Workers' Union (AWU) as the vehicle, an agreement our members were never asked to vote on.

The Reverend Dr Donald Stewart, CEO of Churches of Christ Care has, according to his evidence, been questioning the role and value of nurses in aged care for some 20 odd years! So what sort of expertise does Dr Stewart have in relation to the care of elderly people?

A number of the statements in Dr Stewart's affidavit were struck out on the basis that he did not have the expertise to make those statements. While Dr Stewart's CV does indicate expertise in the management of aged care facilities and in matters pertaining to his cleric role within Churches of Christ, no evidence was presented that he has any health qualifications, medical qualifications or any knowledge about medical of health questions, health status questions, nursing matters, nor even about the content of 'personal care'.

His testimony speaks for itself:

Stephen Howells (QNU Barrister): "…situations arise where symptoms for people who are aged and frail might not be recognisable….to the untrained eye."

Dr Stewart: "It is a possibility yes…I'm not medically trained either but I can recognise quite a number of situations as well."

Stephen Howells (QNU Barrister): "You know that stroke or the onset of stroke can manifest in a number of ways…?"

Dr Stewart: "No, I am not particularly aware of that."

Stephen Howells (QNU Barrister): Are you aware of what the potential consequences are of the combined administration of the drug Warfarin and aspirin?"

Dr Stewart: "No I am not aware of those things"

And what does Dr Stewart think of the Queensland Nursing Council? When asked if he would seek the advice of the QNC as to the meaning of the 'Prescribed Services' under the Aged Care Act, Dr Stewart responded "No…I am not sure that I would get a balanced view".

Evidence in this part of the case was concluded before His Honour, President Hall of the Industrial Court on 26 May, 2000. A judgement on this matter is expected by the end of June.

Dr Stewart's affidavit listed 17 models of 'care'. Under questioning he agreed some were the same as others, but it is a little confusing.

For example, the integrated home like model is the same as the home like model, the hostel model and the personal carer model, but different from the aged care model which is different to the aged care facility model.

For the record:

1. Hostel/domestic style model of care
2. Institutional funding model
3. Resident based funding model
4. Nursing home/hostel divide model
5. Integrated home like care model
6. Nursing home model
7. Integrated aged care model
8. Personal carer model
9. Aged care facility model
10. Aged care model
11. Hostel model
12. Traditional nursing model
13. Home like model
14. Institutional nursing model
15. Single bed room model
16. Churches of Christ aged care model
17. Hospital nursing model.

"We have a far better model of care than the traditional nursing model" he said.

Far too many perhaps!