6 May 1999
QNU concerns over Tricare agreement
The Queensland Nurses' Union recently opposed a Certified Agreement that sought to buy out many nursing conditions and remove the nursing classification structure in the Award.
The Agreement, now certified by the Queensland Industrial Relations Commission (QIRC), covers nearly 900 nursing employees and 300 other employees at TriCare aged care facilities.
In a ballot conducted by the QNU of its approximately 450 members at TriCare nearly 90% of votes returned rejected the agreement. However, in TriCare's ballot of all its employees a narrow margin of votes returned supported the agreement.
The Australian Workers' Union (AWU), the next biggest union at TriCare after the QNU, and the Liquor, Hospitality and Miscellaneous Workers' Union then signed the agreement.
Under the Workplace Relations Act, it appears that even though the majority of the employees are covered by the QNU, a certified agreement can still be lodged even if only signed by a smaller union and the employer.
When the proposed agreement came before the Commission on 11 March, the QNU sought leave to intervene in the proceedings in order to argue against the agreement being ratified. Both TriCare and the AWU argued against the QNU appearing. Commissioner Swan issued a written decision on 13 March, stating that the QNU could not intervene.
The effect of the decision made under the Workplace Relations Act therefore is that 450 nurses who are covered by this agreement have had their right to be represented by their Union ripped from them.
Meanwhile, two brave TriCare employees, both of whom had previously written to the QIRC about their concerns with the proposed agreement, appointed a QNU industrial officer and the QNU barrister to act as their agents in any hearings.
On 19 March, a further hearing was held. Again TriCare and the AWU attempted to restrict the range of matters that could be argued in opposition to the Agreement. On this occasion however, in part because the Workplace Relations Act is designed to keep unions, but not individuals out; we were able to reach a position where, as agents for the two TriCare employees, we could put fairly comprehensive arguments as to why the agreement should not be certified.
A further hearing was held on 3 April and the Commissioner has subsequently issued a decision certifying the agreement.
WHY THE TRICARE CERTIFIED AGREEMENT SHOULD BE OPPOSED
Set out below are the main advantages and disadvantages of the proposed agreement for nursing staff.
Identified areas of disadvantage for Registered Nurses
- Loss of a minimum of one (1) week's annual leave if they work the rosters they are currently working;
- Loss of two (2) days sick leave and the cumulative effect of that loss;
- Employment not as a registered nurse, but as a team member - personal care services or a team leader - personal care services;
- Removal of the night duty supervisor's allowance;
- Loss of shift penalties on public holidays;
- Reduction in the Sunday shift penalty from 175% to 150%;
- Contraction of hours in which the afternoon shift allowance is payable, that is, instead of the afternoon shift payment being paid for shifts commencing on or after midday the new document provides for its payment for hours worked after 6.00pm only;
- Changes to the disciplinary procedure.
Identified areas of advantage for Registered Nurses
- Increase in the loading paid on public holidays worked (eight of the eleven public holidays only) from 150% to 250%;
- Increase in salary of 4.5% if converted to Step 7.
Identified areas of disadvantage for Enrolled Nurses
- Reduction in income;
- Loss of a minimum of one (1) week's annual leave if they work the rosters they are currently working;
- Loss of two (2) days sick leave and the cumulative effect of that loss;
- Employment not as an enrolled nurse but as a team member - personal care services or a team leader - personal care services;
- Loss of shift penalties on public holidays;
- Reduction in the Sunday shift penalty from 175% to 150%;
- Contraction of hours in which the afternoon shift is payable, that is, instead of the afternoon shift payment being paid for shifts commencing on or after midday the new document provides for its payment for hours worked after 6.00pm only;
- Changes to the disciplinary procedure.
Identified areas of advantage for Enrolled Nurses
- Increase in the loading paid on public holidays worked (eight of the eleven public holidays only) from 150% to 250%.
Identified areas of disadvantage for Assistants in Nursing
- Loss of a minimum of one (1) week's annual leave if they work the rosters they are currently working;
- Loss of two (2) day's sick leave and the cumulative effect of that loss;
- Employment not as an assistant in nursing, but as a team member - personal care services;
- Loss of shift penalties on public holidays;
- Contraction of hours in which the afternoon shift is payable, that is, instead of the afternoon shift payment being paid for shifts commencing on or after midday the new document provides for its payment for hours worked after 6.00pm only;
- Changes to the disciplinary procedure;
- Reduced potential for employment outside of TriCare Limited as Assistants in Nursing given that all other aged care facilities employ persons as Assistants in Nursing and not Personal Carers.
Identified areas of advantage for Assistants in Nursing
- Increase in the loading paid on public holidays worked (eight of the eleven public holidays only) from 150% to 250%;
- Increase in salary of 7.13%.
In summary, the QNU believes the disadvantage to members goes to four (4) areas:
- Wages and conditions of employment
Whilst wage increases are proposed for most Assistants in Nursing and Registered Nurses (subject to current rosters continuing to be worked) there will be some registered nurses who lose money and possibly an occasional Assistant in Nursing. Enrolled nurses, however, are the big losers with nearly all enrolled nurses working in TriCare likely to suffer a reduction in income.
- Professional Issues
QNU investigations have indicated that there has been no consultation with the Queensland Nursing Council or the Royal College of Nursing by TriCare on the proposed new classification structure. We believe the change in title and the apparent removal of the necessity for Registered and Enrolled nurses to have current registration and/or enrolment with the QNC, seriously undermines the integrity of nursing and client care within the TriCare organisation. The QNU is also of the opinion that, because of TriCare's disproportionate size and capacity to influence the industry compared with most other aged care providers, other facilities will also attempt to mimic the structure.
- Technical matters
The agreement itself is deplorably drafted with many of the clauses ambiguous or unclear. This could potentially make future enforcement extremely difficult.
- The AWU have clearly adopted the position that with the change of position titles they can cover our employees.
The QNU of course disagrees and will maintain coverage irrespective of any change to job titles.
QNU members everywhere - and especially those in aged care - should condemn this move by this private sector employer to significantly diminish the role of nursing in aged care.
Since the Agreement was certified and as it is being implemented, the QNU has had over one hundred calls (at time of writing) from members dissatisfied with the agreement. The concerns include receiving less backpay than they thought they would be given or no backpay, being denied breakdowns of their backpay, reductions in hours (especially on public holidays), loss of the ADO (though this wasn't in the Agreement), reductions in annual leave, casual employees being reclassified to lower levels, and a number of other issues as well.
A section of the aged care employers, are now using the rhetoric used to justify the TriCare agreement to attack the nursing award and the position of nursing in the aged care industry. Members need to make very clear to their employers that they don't accept such proposals.
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