Holy Spirit Northside: Fair Work Australia orders correct implementation of multi-hiring

Published: 12 October 2011

In September the QNU filed a dispute at Fair Work Australia against Holy Spirit Northside to obtain assistance in resolving a disagreement about the voluntary multi-hiring clause in your enterprise agreement.

The QNU does not endorse the practice of working more than 38 hours per week at ordinary rates of pay, and believes that any work in excess of the ordinary hours should be paid at overtime rates.

However, FWA declined to recommend that the clause be deleted from the agreement as the QNU sought.

Instead, FWA recommended that the union and the employer agree on the correct implementation of the clause, as it seems that it is not being used correctly in
some areas of the hospitals.

As a result, the QNU and HSN representatives have created a document that clarifies the application of voluntary multi-hiring and delineates the distinction between voluntary multi-hiring and overtime.

This document was recently distributed by management as a “communiqué” and the QNU agrees that it reflects the terms of voluntary multi-hiring contained in the current enterprise agreement.

The key point of the voluntary multi-hiring that members should bear in mind are:

  1. Voluntary multi-hiring operates on a voluntary basis and is agreed in writing.
  2. HSN and/or the employees may withdraw the agreement at any time in writing and neither party is required to provide reasons for the decision.
  3. Voluntary multi-hiring does not apply to additional hours worked continuously following a scheduled shift.
    If a nurse is requested to work after the completion of the programmed shift, they will be paid at the appropriate overtime rate.
  4. Employees are entitled to have a 10 hour break between the cessation and commencement of work (including multi-hire shifts). If employees are not provided with a 10 hour break, they will be paid at overtime rates until such break is provided.
  5. Regardless of a voluntary multi-hiring agreement, if an employee is requested by a manager to work additional hours or is authorised by the manager on request of the employee, the additional work will be paid at overtime rates.
  6. If employees do not agree to be part of a voluntary multi-hiring, all authorised time worked in excess of rostered ordinary hours must be paid as indicated in clause 6.9.3 (overtime rates).
  7. Even if an employee has agreed to participate in a voluntary multi-hiring, they remain free to accept or decline working an additional shift.
  8. Voluntary multi-hiring is a separate casual appointment. Therefore, employees performing additional work under the multi-hiring clause will be remunerated at the prescribed classification rate of pay to the position, including night, afternoon, weekend and public holidays shift allowances and 23 per cent casual loading.

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