Enterprise Bargaining 2016-2018 Log of claims for nurses and personal care workers - Victorian Private Sector Aged Care Residential and Community ...
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Enterprise Bargaining 2016-2018
Log of claims for nurses and personal care workers
Victorian Private Sector Aged Care (Residential and Community Care)
Australian Nursing and Midwifery Federation anmfvic.asn.au
Aged care workers (Victorian Branch) facebook.com/RespectOurWork
deserve better 540 Elizabeth Street, Melbourne twitter.com/ANMFVicBranch
Log of claims for nurses and carers
Part A – Maintenance • EN PP8: $1068 per week ($1082 • Nurse Practitioners, including
of conditions with nauseous allowance NP Candidates, classified and
included and $1110/$1125 paid at Grade 6 (candidate) and
All new agreements must include the
per week with 4 per cent Grade 7 (Qualified), including
most beneficial provisions of:
medication endorsement bed number percentage.
• your current enterprise agreement;
allowance included) 7. Enrolled Nurses: A three level
and
• PCW Grade 2 (WSG 6, Year 6): career structure for enrolled
• the Nurses Award 2010 and
$911 per week ($924 nauseous nurses, consistent with the public
the Aged Care Award 2010; and
allowance included). sector EN structure, with no
• the National Employment
3. The agreement will remove barriers to progression other
Standards; and
any wage differential for nurses than experience within each of
• this log of claims
between ‘high care’ and ‘low care’ Levels 1 and 2. Level 1 is for an
unless otherwise agreed. EN with notation and Level 2 is
facilities during the life of the
The new agreement is to be a three agreement, resulting in a uniform EN without notation.
or four year agreement that includes nurse rate of pay at the ‘high care’ Level 3 is an Advanced EN
a dispute resolution clause with full or equivalent rate. level for those satisfying
access to arbitration by the Fair Work advanced competencies and/or
4. The minimum classification for a
Commission and comprehensive responsibilities.
registered nurse in charge of the
organisational change provisions.
facility in the off duty periods of EN Allowances previously payable
A savings clause must be included to the DON is to be Grade 5 Adjusted (seniors and medication) will be
ensure that no employee has their pay Bed Capacity (including all beds in absorbed into the new Level 3.
reduced by the implementation of new co-located high/low/mixed care
classification structures or provisions. 8. Progression for RNs/ENs – clarify
facilities), but not less than
that experience is based on industry
Grade 5, 51-200 beds and be titled
Part B – Claims experience (i.e. multiple employers,
“After-Hours Nurse Coordinator”.
not only with the current employer)
Recruitment, retention and 5. The nauseous allowance applicable and that progression will occur
staffing initiatives to personal care workers and after completion of 1080 hours of
Wages and allowances enrolled nurses will be incorporated experience or one year (whichever
into the base rate where this is not occurs last)
General
already the case at 38 cents per
1. Salaries are to be increased by a Definition of “experience” be
hour ($14.40 pw).
minimum 3.25 per cent per year. amended to ensure that overseas,
6. The following classification interstate and industry experience
If wages are below ‘standard rates’
structures will be included, where is appropriately recognized when
an appropriate ‘catch-up’ payment
not already in the agreement: appointed to a new position
to meet standard rates over the life
of the agreement must also apply. • Revised Grade 2 RN structure 9. Personal Care Workers
which has Grade 2 Years 1, 2 (however titled)
2. The ‘standard rates’ for some
and 3 (based on current Grade 2
benchmark classifications are as set The four level career structure
Years 2, 6 and 9) and clarification
out below (as at April/May 2017), for personal care workers will
that Grade 2 positions must not
with all other classification rates be amended to allow PCW Level 3 to
be in charge of a section/unit or
maintaining the appropriate apply to both Cert IV or a Cert III PCW
any other staff.
relativity to these rates: with additional duties, or a nationally
• Grade 4A Year 2: $1603 per week accredited medication awareness or
medication assist course.
Page 1
Australian Nursing and Midwifery Federation anmfvic.asn.au
Aged care workers (Victorian Branch) facebook.com/RespectOurWork
deserve better 540 Elizabeth Street, Melbourne twitter.com/ANMFVicBranch10. Each of the four levels will contain Staffing and change 40 residents (and an additional
six experience increments based 16. Each aged care facility (whether AEN for each 40 residents or part
on years of experience, with historically high care or low care) thereof greater than 20).
experience to be from date of must ensure that: In all facilities, regardless of the
qualification or entry to the required skill mix above, there
industry. All experience increment • a full time registered nurse as
Director of Nursing is on site at must be a minimum nurse/PCW
payments are to be increased by staffing complement of:
the percentage wage increases each campus of each facility
in each year where this is not • a Clinical Care Coordinator is • 1 staff to each 7 residents
already the case. on AM shift Monday to Friday on AM shift
• a minimum care staff skill mix • 1 staff to each 8 residents
11. Community Nurses and qualified
is set out in the agreement on PM shift and
Community Carers: The agreement
having regard to the assessed • 1 staff to each 15 residents
is also to apply all community or
resident nursing care levels on night shift.
home nursing operations where the
employer operates both services. • an RN is appointed as the Each enterprise agreement
The RN classifications will be at After Hours Coordinator on all must contain a clear process for
Grade 4A for clinical work and PM, night and weekend shifts assessing and altering the skill mix
Grade 5 as supervisor/coordinator. (at Grade 4 or 5 depending on in accordance with the acuity of
whether the facility is 61 beds residents.
The minimum engagement for or more) or, where an RN is
all community carers must be Education and career development
unavailable, an EN Level 2 or
two hours or more. 3 is appointed to be in charge 18. All employees will have access to:
Allowances and other payments (and paid an EN in charge of • paid time at home to complete
12. Change of roster allowance. facility allowance). any on-line modules or units
Any change of roster within 17. In order to manage the resident’s based on the recognised CPD
seven days (other than employee care plan and delegate aspects length or nominal unit length,
initiated change which is agreed of nursing and personal care to where an employer cannot
by the employer), for whatever ENs and PCWs, in addition to the provide adequate paid time or
reason, will attract the change Director of Nursing and Clinical computer facilities at work;
of roster allowance. Care Coordinator (CCC) there will • a minimum of four days paid
be a registered nurse on duty at all conference/seminar leave per
13. Where not already the case,
times on site at each facility. There annum (pro rata for permanent
on-call allowance is to be a
will be at least one RN for each: part-time and regular casual
minimum of 5 per cent of the
base rate per 12 hours or part • AM shift – 1 RN for up to employees);
thereof. Further, a minimum one 30 residents – plus 1 RN • a ‘day’ will be the employee’s
hour payment at the appropriate for 31-44 residents, 2 RNs for normal shift length and
overtime rate where the on-call 45–74 and 3 RNs for 75–104 conference/seminar leave
employee is disturbed but can residents can be taken on a day that
resolve the matter appropriately • PM shift - 1 RN for up to the employee is not rostered
without the need for returning 59 residents– 2 RNs when to work;
to the facility. 60-99 and 3 RNs for • paid examination/assessment
100-139 residents leave of 5 days per year for
14. On public holidays, casual
• night duty – 1 RN for up studies directly related to
enrolled nurses and PCWs will be
to 74 residents, 2 RNs nursing (whether for RNs,
paid the casual rate, plus the public
when 75-124 and 3 RNs ENs or PCWs undertaking
holiday rate that would apply to
for 125-174 residents. postgraduate or undergraduate
a permanent part-time worker.
nursing studies).
15. The Leader Allowance will be On weekends and public holidays
there will be at least 1 RN for up 19. A fair and transparent process
increased 15 per cent and will apply
to 40 residents on both the AM for all leave applications will
where a PCW is in charge of an
and PM shifts. be introduced, and no leave
area/unit or is working alone
application will be unreasonably
(e.g. in a dementia unit). On all shifts, there must be at least
refused.
one authorised enrolled nurse
where there are more than
Page 2
Australian Nursing and Midwifery Federation anmfvic.asn.au
Aged care workers (Victorian Branch) facebook.com/RespectOurWork
deserve better 540 Elizabeth Street, Melbourne twitter.com/ANMFVicBranchWork/life balance and leave • where a pregnancy ends 26. Where not already provided, the
20. All nurses and PCWs will be eligible other than by the birth of a employer is to provide:
for not less than six weeks employer living child between 12 and • paid Blood Donor Leave to
paid primary carer leave (for birth, 20 weeks gestation the enable an employee to attend
adoption or placement of a child) employee is entitled to paid a donor centre located not
and two weeks employer paid special maternity leave more than ten kilometres from
partner or secondary carer leave, equivalent to the paid parental the workplace in work time, to
including casual employees engaged leave in the agreement. donate blood on up to three
on a systematic and regular basis. 22. Long Service Leave: nurses and occasions in each year; and
A person is a primary carer of a PCWs to be entitled to: • paid Emergency Services leave
child on a day if the child is in the • prorata LSL on completion of of at least three days per year
person’s care and the person meets 7 years of service where the for volunteer duties for CFA, SES
the child’s physical needs more than employee’s employment ends or similar organisations at both
anyone else. local and state emergencies,
• accrue LSL while in receipt
21. Further, where not already the of workers compensation with such volunteers not
case the clause to be amended to payments (not only while in required to re-attend for
provide that: receipt of accident pay) work, without loss of pay,
for 10 hours after completion
• paid primary carer leave is in • removal of the provision that
of the volunteer duty.
addition to the Commonwealth allows an employer not to
PPLS contribution of 18 weeks pay LSL where an employee Personal leave
at the minimum wage is terminated for serious and 27. Evidence requirements for Carer’s
• a second or subsequent amount wilful misconduct. Leave will be evidence that would
of paid primary carer leave will 23. An employee who is 55 years or satisfy a reasonable person and
apply should there be a further older, or returning from primary include statutory declarations.
birth while the employee is on carer leave, who wants to reduce Domestic or Family Violence Leave
parental leave their working hours (either as
28. In addition to other leave
• the employee can nominate transition to retirement or to
entitlements provision of support
how the paid primary carer undertake family responsibilities
and paid leave of up to 10 days per
leave is taken in conjunction for a significant period) can make
year for employees experiencing
with the 18 weeks minimum a request to preserve LSL at the
domestic/family violence (as well
pay provided by the pre-reduction hours.
as access to accrued personal
Commonwealth (e.g. the 18 Such a request will not be leave entitlements).
weeks topped up to normal unreasonably refused by the
weekly rate of pay for the Trade Union and Health and Safety
employer.
employee and the remainder Representative Leave and resources
taken at normal weekly rate) 24. Where a casual employee becomes
29. Appropriate resources, including
permanent, the employee’s casual
• superannuation will be paid desk and computer, email and
service to count as service, with
while an employee is on paid internet are to be provided for Union
each casual year of service to
primary carer leave Job Representatives and Health and
accrue LSL consistent with the
• an employee eligible for Safety Representatives to enable
State LSL Act accrual rate of 0.8666
maternity leave who gives them to undertake their role.
weeks of LSL per year of service.
birth to a stillborn child 30. The employer to provide paid leave
(after 20 or more weeks 25. Annual Leave:
as follows:
gestation) or the child • nurses and PCWs, whether
subsequently dies, will be • where an employee has
full or part time, to have access
entitled to the full amount of been elected as a Union
to 6 weeks annual leave where
paid primary carer leave. Job Representative or OHS
their work includes evening/
In this situation, the primary committee member, up to three
night shifts and/or weekend
carer, whether this is the birth (3) days per year to undertake
work (including overtime) or
mother or another person, may education and training about
they are on-call on weekends
return to work during the PPL either industrial relations
• those nurses working in a higher
period and remain eligible for (including dispute resolution
classification for more than three
primary carer leave pay and disciplinary processes) or
months in a calendar year will
OHS issues
accrue leave during that period
at the higher duty rate.
Page 3
Australian Nursing and Midwifery Federation anmfvic.asn.au
Aged care workers (Victorian Branch) facebook.com/RespectOurWork
deserve better 540 Elizabeth Street, Melbourne twitter.com/ANMFVicBranch• the employer to permit an before the implementation of Disciplinary clause and performance
HSR to take such time off change, the provision of all management
work with pay as is necessary relevant information and written 40. Where not already the case,
or prescribed to attend OHS assessment of the impact of the each agreement will include
training courses approved by change (including OHS impacts). a disciplinary clause which will
WorkSafe Victoria consistent Such a provision will provide for include a comprehensive process
with legislation. compensation for partial loss of for dealing with both performance
• Job Representatives and hours and salary maintenance for and misconduct matters, enshrining
HSRs are to have reasonable six (6) months where the change has principles of natural justice and
time release from duty to resulted in any loss to the employee. procedural fairness.
attend to matters relating to
If the partial loss makes the position 41. The agreement must specify that
industrial, occupational health
unsustainable then the employee to under the disciplinary clause
and safety or other relevant
be entitled to a full redundancy. no employee can be suspended
matters, such as assisting with
Reasonably regular and sustainable without pay and that suspension
grievance procedures, attending
hours of work on full pay will only apply to
committees, meeting with
serious matters which warrant the
management etc. 35. All employees are entitled to employee not being present in the
OH&S reasonably predictable hours of workplace while the investigation
31. Following an incident or injury work which will be agreed and and/or disciplinary process is
affecting an employee, the documented at the commencement finalised.
employer is to take appropriate of employment.
action to prevent further injury 36. All contracts of employment
to employees, including conducting will reflect the number of actual
a worksite assessment and where rostered ordinary hours worked.
practicable implementing
37. The minimum rostered shift length
workplace modifications to
for an aged care nurse or carer
ensure a healthy and safe working
(whether full-time or part-time or
environment for all employees.
casual) will be four hours and for
32. Improve Accident Make Up Pay by: a casual three hours (two hours in
• including shift and weekend community care).
penalties, regular overtime 38. Where not already the case,
and regular allowances in the
• all part-time employees must
calculation of the usual 38 hour
be entitled to request a regular
week, so that the employee
review of working hours
receives 100 per cent of
and any regular additional
pre-injury average weekly
ordinary hours worked must
earnings; and
be incorporated into their
• employer to be liable for contracted hours, unless there
increased make-up pay where is an exceptional reason
there is partial incapacity and (e.g. extra hours result from
the employee’s compensation filling in for mat leave)
payments are reduced.
• all casual staff who work
Redundancy and Job security regularly will be able to request
33. Redundancy payments to be conversion to permanent
improved to ensure any employee employment after six months.
with nine or more years of service 39. A casual staff member will be
will receive not less than 16 weeks advised in advance of the length
of pay. of the casual shift and if it is
34. Each agreement must incorporate changed or cancelled within
an organisational change provision, 12 hours of the shift commencing
including mandatory consultation the employer will pay the employee
with employees and written advice for 50 per cent of the length of the
to the ANMF (Victorian Branch) scheduled shift forgone (unless the
change means a longer shift length).
Page 4
Australian Nursing and Midwifery Federation anmfvic.asn.au
Aged care workers (Victorian Branch) facebook.com/RespectOurWork
deserve better 540 Elizabeth Street, Melbourne twitter.com/ANMFVicBranchYou can also read
