Your Employment Framework

Even though you might not really turn your mind to it, when you agree to commence employment with your employer, you enter into a legal relationship with them. This relationship governs your rights and responsibilities, but also requires your employer to do certain things as well.

What governs your employee/employer relationship?

Your employment relationship is governed by the contract of employment you sign and/or agree to between the employer and employee. This contract may be a detailed and extensive written contract or may simply comprise of your letter of offer (and the terms set out in the letter) and your acceptance of this letter (which then creates the legal relationship).

This legal relationship creates several well-established legal obligations, such as the employee agrees to undertaking lawful and reasonable duties, and that the employer agrees to pay the employee for undertaking these duties.

However, this relationship is also heavily regulated by legislation, in particular Commonwealth legislation such as the Fair Work Act 2009, and by other instruments and regulations, such as ACT legislation (e.g. Work Health and Safety Act 2011) and any Enterprise Agreement or Industrial Award which applies.

What is an Award and an Enterprise Agreement?

Every Nursing and Midwifery employment relationship in the ACT is subject to the National Employment Standards as set out in the Fair Work Act (see Part 2-2). These Standards set out minimum entitlements such as annual leave, personal leave and requesting flexible work arrangements.

These Standards must always be met by your employer.

In addition, an Award or an Enterprise Agreement adds to (or strengthens) these Standards and includes additional matters and entitlements such as your rate of pay, roster patterns, shift penalties and other types of leave.

The key difference between an Award and an Enterprise Agreement is that the conditions and entitlements in an Award are set by the National Employment/Industrial Relation tribunal, the Fair Work Commission, whereas an Enterprise Agreement is a negotiated agreement between your employer and the employees (generally through the Union). Further, an Award will apply in the absence of an Enterprise Agreement (where an Enterprise Agreement will apply instead of the Award where one is in place, noting that not all workplaces will have an Enterprise Agreement).

It should also be noted that the terms of an Agreement (or an Award) must also be followed by your employer and are enforceable under the Fair Work Act. Where an employer does not meet the terms of the Enterprise Agreement, the employer may face legal action and penalties.

What Award or Agreement applies to my employment relationship to me?

In the absence of an Enterprise Agreement, nursing and midwifery employment relationships in the ACT are subject to the Nurses’ Award 2020 (MA000034), which sets out conditions and entitlements unique to the nursing and midwifery professions.

However, more than 95% of Nurses and Midwives working in the ACT are covered by an Enterprise Agreement.

For example, all Nurses and Midwives who work in the ACT Public Service (including those working at Calvary Public Hospital Bruce) are working under the ACT Public Sector Nursing and Midwifery Enterprise Agreement (2020-2022).

If you do not work in the ACT Public Service, you are still likely to be working under an Enterprise Agreement. For example, if you work in an ACT Private Hospital (such as National Capital Private Hospital or Calvary John James Hospital) or an ACT Aged Care facility (such as Goodwin House Ainslie or Uniting Mirinjani Weston), you are more likely than not to have an Enterprise Agreement in place.

If you are unsure which Agreement (or if the Award) applies in your circumstances, please contact your ANMF ACT Workplace Delegate, or the ANMF ACT Branch Office.

What do you do if you believe your employer is not acting in line with your Enterprise Agreement or the Fair Work Act?

Where you believe that the terms of your Agreement are not being met, the ANMF ACTwould encourage you to raise the issue with a trusted manager or supervisor and have an open and respectful conversation regarding the issue.

However, if you are unsure of the application of a particular term or entitlement that is set out in your Agreement or have a question regarding other regulations and instruments (such as the Work Health and Safety Act), the ANMF ACT would advise that you contact your ANMF ACT Workplace Delegate or the ANMF ACT Branch Office to seek further information, guidance, and advice.

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