Fair Work Australia examines TriCare agreement
Published: 18 November 2011
A hearing at Fair Work Australia took place on 8 November regarding the approval of the TriCare enterprise agreement.
The Queensland Nurses’ Union and TriCare both provided witness evidence.
The QNU’s evidence showed that the TriCare step system can keep employees on the lower levels for more than one year per step, thereby disadvantaging them with respect to the award.
Evidence was also provided in relation to the disadvantage suffered by some TriCare employees who have a Certificate III in contrast to award-reliant Assistants in Nursing.
The QNU is hoping that TriCare management will give written undertakings to remedy these shortcomings, along with the other areas of the agreement where conditions are less than the award.
Unfortunately the hearing has not finished and another hearing day is scheduled for 1 December.
At that hearing the parties will make their final submissions about the agreement.
Potential outcomes
There will be one of four outcomes:
- The commissioner may approve the agreement in its current form—however, we think that is unlikely.
- The commissioner may ask TriCare to make undertakings at the hearing. If they agree to do so, the commissioner may then approve the agreement, subject to TriCare putting the undertakings in writing.
- The commissioner may ask TriCare to make undertakings, and TriCare may refuse to do so. In this case, the commissioner would most likely reject the agreement.
- The commissioner may say that the agreement cannot be approved in its current form, even with undertakings.
If either of the first two options occur, you will get the wage increase in the agreement and it will be backdated to July 2011.
If either of the second two options take place, we will be back at the bargaining table again next year.
Hopefully we will have some good news for you after the hearing on 1 December.
A decision may be delivered on that day or it could be deferred until a decision can be written and published.
It is envisaged, however, that the commissioner will make a decision one way or the other as soon as she can, as she is aware of how long TriCare employees have been waiting for a pay rise.
The QNU will advise members of the outcome as soon possible.
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