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V4 150617

KEY POINTS FOR BARGAINING

SUMMARY OF IN-PRINCIPLE AGREEMENT (OR DISCUSSION)

BETWEEN

FACILITY or NETWORK NAME: ______

EMPLOYER COMPANY NAME: ______

AND ANMF (VICTORIAN BRANCH) AND HSU

ON BEHALF OF EMPLOYEES

MEETING DATE: ______

ATTENDEES; ______

The parties agree to the following which comprises a Heads of Agreement which form thebasis of an Enterprise Bargaining Agreement to be drafted within 28 days:

The parties agree that the replacement Enterprise Agreement will be based onthe 2016comprehensive template andthe terms and conditions of the existing Agreement (unless otherwise agreed):

It is agreed that:

ISSUE / COMMENT
  • All existing agreement and award conditions will be maintained except to the extent they are modified by this in-principle agreementand included in the comprehensive 2016 Template Agreement agreed between ANMF and CDA.

  • Definition of high care: maintain current clause 9 definition but add guide for FWA re what constitutes high carefor purposes of DON/RN staffing provisions and EN In Charge Allowance in facilities of 61 beds or more (30 residents or 50% whichever is the lower number) – unless all conditions related to high/low distinction are met: DON appointed, RN on each shift, EN in charge where no RN, no high/low rates.
The definition of high care can be removed where Employer agrees that DoN, RN 24/7 coverage and EEN in charge of facility allowance apply to all facilities (now or in the future)who are covered by the agreement and that wages are ‘high care’ standard equivalent.
Grade 5* in out of hours of DoNwill apply to all residential facilities of 61 beds or more (not limited to high care) and provide that EN in charge allowance is paid in those facilities not defined as high care but which have 30 or more high care residents (or 50% whichever produces the lesser number). *Grade 4A year 2 in facilities of 60 beds or less.
Staffing:
  • 1 EFT of DoN and CCC (however titled) on AM shift Monday-Friday
  • RN staffing in accordance with the claim
  • EEN staffing of 1 per 40 residents or part thereof greater than 20
  • Staffing (RNs, ENs and PCWs) of 1:7 on AM shift, 1:8 on PM shift and 1:15 on night shift
  • Each enterprise agreement must contain a clear process for assessing and altering the skill mix inaccordance with the acuity ofresidents

  • 4 year agreement (from date of expiry of last agreement) and minimum average increase of 3.25% per annum (13% over 4 years) increase in wages and allowances, although with flexibility about date of operation and quantum for each increase.
  • Must be catch-up for agreements where EAs are behind standard rates: e.g. Grade 4A Yr 2 $1603 (LC $1485), EN PP8 $1068 (LC $1022) and PCW WSG 6 Yr 6 $911 non-nauseous ($924 with nauseous included).

  • Where applicable,transition to a single wage scale for nurses, with no distinction between high care and low care facilities. Employers will close the gap between their current rates and standard high care rates by 20% over the agreement (about $25 for RNs and $13 for ENs).

New RN Structure – Simplify current Grade 2 structure and provide 3 Grade 2 increments (current Grade 2Yrs 2, 6 and 9 become Yers 1, 2 and 3),Grade 3, plus in-charge Gr 4A/4B/Gr5, CCC at Gr 5, DDON/NP Gr 6 and DON classifications.
Acknowledgement that where there is only one RN on shift one will be classified at Grade 4 or 5 as appropriate. If there is anotherRN on duty then the second RN cannot be Grade 2 where they are in charge of a section of a facility or other staff (must be at least Grade 3A).
EN structure:
  • New Enrolled Nurse structure which provides for Level 1 (without authorisation) of 4 levels (current PP1 for allowances only and PPs 6-8),Level 2 (without notation i.e. current PPs 2-8 with4%medication endorsement allowance incorporated) +Level 3(ME allowance and Leader Allowance incorporated) which is an Advanced Enrolled Nurse Level upon application only for those able to meet at least 4 of the ANMAC Advanced Competencies.
  • Provision of an EN trainee rate within the Agreement. Suggest 95% of Level 1.1 or Pay Point 1 or the substantive PCW rate whichever is the higher.

Progression for RNs/ENs –
  • clarify that experience is based on industry experience since registration(i.e. multiple employers, not only with the current employer) andthatprogressionwilloccurafter completionof1080hoursofexperience or one year (whichever occurslast).
Definitionof“experience”beamended to ensure that overseas, interstate and industry experience is appropriately recognisedwhen appointed to a new position.
Security of Work:
  • Include Casual Conversion clause and Review of Part-Time hours clause
  • Remove the last line of redundancy table to provide that after 9 years or more of employment the redundancy benefit is 16 weeks’ pay
  • In lieu of the Transfer to lower Duties provision include an organisational change provision which provides for compensation for partial loss of hours and salary maintenance for six (6) months where the change hasresulted in any loss to theemployee.If the partial loss makes theposition unsustainable then the employeeto be entitled to a fullredundancy.
  • In hours clause include minimum engagement of 4 hours for permanent staff and 3 hours for casual staff (2 hours in community care).

Improved education and training leave:
  • The standard will be four (4) days seminar/conference leave for everyone in addition to mandatory in-service training. The RN Exam Leave entitlement of 3 days which can also be used by RNs and ENs for assessments/assignments, course attendance, seminars and conferences. The RN Exam leave entitlement will be available to HASA staff, PCWs and ENs undertaking examinations or assessments for formal qualifications directly relevant to their work, especially for study for EN or RN qualifications.
  • The clause will provide that a ‘day’ will be the employee’s normal shift length and conference/seminar leave can be taken on a day that the employee is not rostered to work.
  • An E-learning clause will be inserted which includes paid time to complete any on-line modules or units outside work hours based on the recognised CPD length or nominal unit length, where an employer cannot provide adequate paid time or computer facilities at work.
  • Mandatory training – where the training is not continuous with a shift then the minimum number of hours payment will be 3 hours (or the length of the training whichever is greater.

Family Violence leave: in addition to other leaveentitlements provision of support and paid leave of up to 10 days per year for employees experiencing domestic/family violence (as well as access to accrued personal leaveentitlements).
Annual Leave:
  • PCWs and HASA staff who work regularly outside of the hours of a day worker to be defined as shift-workers for the purposes of AL clause (as well as working 4 or more hours on 10 or more weekend days), in order to be compliant with the NES and FW Act. Should apply to ENs as well.
  • Nurses/HASA staffworking in a higher classification for more than three months in a calendar year will accrueleaveduringthatperiodat the higher dutyrate.
  • Include excessive annual leave clause

Union Training Clause and resources clause for job representatives/delegates of ANF/HSU (limited to 3 days per year for four representatives per facility).
Long Service Leave
A new LSL clause which provides improvements including:
•pro rata LSL on completion of 7 years of service where the employee’s employmentends
•accrue of LSL while in receipt of workers compensationpayments (not only while in receipt of accidentpay)
•removal of the provision that allows an employer not to payLSL where an employee is terminated for serious and wilfulmisconduct.
•An employee who is 55 years or older, or returning from primarycarer leave, who wants to reduce their working hours (either astransitionto retirement or to undertake family responsibilities for a significantperiod) can make a request to preserve LSL at the pre-reductionhours. Such a request will not beunreasonably refused by theemployer.
•For casual RN employees each casual year of service to accrue LSL consistent with the State LSL Act accrual rate of 0.8666 weeks of LSL per year ofservice.
Parental leave
  • Not less than 6 weeks paid primary carer leave and 2 weeks secondary carer leave to be provided.
  • SGC payments will be paid on paid primary carer leave
  • update clause to reflect that current paid leave is in addition to Commonwealth leave, that any paid leave is available for each birth (irrespective of return to work) and that paid leave applies to still birth after 20 weeks or neo-natal death.
  • Clause to include provision that paid parental leave benefit will be renegotiated to provide for a benefit of equal value should the omnibus legislation containing the Fairer Paid Parental Bill amendments pass the federal Parliament.

Community Nurses and Carers employed by the aged care provider to undertake aged care home visits (e.g. aged care packages) will be subject to the Agreement. RNs will be classified at Level 4A in the structure (old grade 4A) and Level 5 for Coordinators/ Supervisors (Grade 5).
Public Holidays:
  • penalty rates apply for all employees to all additional days, but not substitute days.
  • Add specific reference to Easter Sunday and Grand Final Eve
  • On public holidays, casual enrolled nurses and PCWs will be paid the casual rate, plus the public holiday rate that would apply to a permanent part-timeworker.

Accident Make Up Payby inserting a simplified clause
  • Which includes shift and weekend penalties, regular overtime and regular allowances inthe calculation of the usual 38hour week, so that the employee receives 100 per centofpre-injury averageweekly earnings;and
  • employer to be liable forincreased make-up pay where there ispartial incapacity and the employee’s compensation payments are reduced.

Union facilitation
  • Noticeboard with space for each union in each facility in the staff room, lunchroom or other mutually agreeable location.

Payroll deduction of HWU union fees
  • The employer will provide for deduction of HWU union fees upon request.

PREVIOUS AGREEMENT ISSUES

Other Issues for discussion (most are already included in most agreements and we require these to be in all agreements:

ISSUE / COMMENT
Index fixed WSG experience payments by the wage increases from the commencement of the Agreement (unless WSG experience payments are already indexed by annual wages increases).
Limit WSG 1to a single entry level rate. Allemployees currently classified atWSG 1 will transition to WSG 2 within three months (or minimum of 26 shifts if that takes longer than three months). In addition cleaners, laundry operators and kitchen hands with a Certificate III will move to WSG3.
Where not already the case, on-call allowance is to be a minimum of 5 per cent of the base rate per 12 hours or part thereof. Further, a minimum one hour payment at the appropriate overtime rate where the on-call employee is disturbed but canresolve the matter appropriately without the need for returning to thefacility.
Night Shift allowance: abolish difference between ad hoc and permanent night shift and maintain night shift allowance at 5%.
Personal leave:
  • no cap on the use of accrued personal leave as carer’s leave in any one year(NES).
  • Re-crediting of any day or days of annual leave if any other period of leave such as personal leave for illness or injury or carers leave (other than unpaid parental leave or community service leave) is taken while on annual leave(NES)
  • Pay slip – to include details of accrued annual leave and accrued personal leave.

Where not already provided for, include EN in Charge of facility allowance($30-50 per shift with RN on call) in circumstances where an RN is not available. Must be for all facilities.
Where not already provided for, provision of paidEmergency Services Leave and Blood Donor Leave as per the template clauses. Update the ESL clause which references the NES unpaid community service leave provisions.

OPTIONAL MATTERS

ISSUE / COMMENT
Payment for police checks (optional)
Provide a copy to employee on request if employer holds a copy
Purchased Leave
Nauseous Allowance - to be incorporated in all applicable base hourly rates
PCW Medication Awareness Allowance: PCWs who assist low care residents with medications from webster or dosette-style packs will be paid a medication assistance allowance of 4% (based on WSG 5 Year 1) for all hours of the shift on which they assist with medication (or WSG 6 PCWs appointed to undertake medication shifts are appointed to WSG 8 Years 1-4).
OTHER:

Signed on this day of 2017:

Employer: ______

Office held:______

Industrial Representative/ Employer Bargaining Representative:

______

ANF (Victorian Branch): ______

Health Services Union: ______