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Judith When will it end? Drought, fires, injury, evacuation, smoke, unprecedented, death, forced handshakes, economic loss, blame, Wuhan, mystery virus, pandemic, COVID-19, surge, National Cabinet, lock down, PPE, ventilators, self-isolation, recession, Ruby Princess, hospitalisation, closed borders, death, flatten the curve, grief, easing restrictions, second wave, blame, heroes. Words. Just over 40 of them and yet each is so instantly recognisable and so descriptive of the untold suffering that this country and all its people have endured over the last eight or so months. Elsewhere the world has paid, and continues to pay, a colossal price in lost or shattered lives, communities and economies broken. It is a cost that will endure for many years, if not generations. Not surprisingly, wherever the need of the community has been at its greatest, when it has required someone to set aside their own fears and uncertainties, nurses and midwives have been there, at the absolute centre of any response, of any care or support being provided, of any pain or suffering endured. To be your elected representative and a voice for the professions of nursing and midwifery has always been a privilege, but never more so than in this, our own very special International Year, marred as it has been by above events. And yet, despite the hero status applied liberally (and quite rightly so), members have on a daily basis still been short-changed on staffing levels, pushed to breaking point, investigated, disciplined or sacked, bullied or rebuffed, not paid enough. How can this be? I am not sure, sadly. But what I do know is that by working together, members and Association, we can persist, we must demand and we must prevail in having the best system of health and care possible, in all settings, for young and old. It cannot be otherwise.
When it comes to your rights and entitlements at work, NSWNMA Assistant General Secretary Judith Kiejda has the answers.
Continuing Education Allowance For some time I have been trying to get paid the continuing education allowance for my postgraduate qualifications, without success. I work in a public hospital as an RN. Clause 13 of the Public Health System Nurses’ and Midwives’ (State) Award sets out the circumstances and criteria of eligibility for the payment of this allowance. If a dispute arises regarding the eligibility for the allowance and it is not resolved locally with the assistance of the Association (on the basis that we form a view that the allowance should be payable), Clause 13(xiii) requires the matter to be the subject of discussions between the Ministry of Health and the Association in an attempt to resolve the matter (and prior to any possible escalation to the Industrial Relations Commission of NSW). Flu vaccination allergy I work in aged care and can’t have the flu vaccination for medical reasons. Where does that leave me? On 17 March 2020, the Australian Health Protection Principal Committee, which advises the National Cabinet, recommended that from 1 May 2020, you must not work at or visit an aged care facility in you have not had the
influenza vaccination. However, whilst Public Health (COVID-19 Aged Care Facilities) Order (No 2) 2020 reflects that requirement, it does permit a person to provide a medical certificate certifying that they have a medical contraindication to the influenza vaccination. In these situations, a reliance should be made on ensuring appropriate infection control is in place, and having PPE available as required. Running out of sick leave I work at a public hospital and was recently sent home prior to commencing my shift because of a high temperature. I am running out of sick leave. What happens next time if I am sent home and asked to get tested for COVID-19? This scenario has been the topic of considerable debate. The Association and other public health unions have been pressing for an enhanced paid special leave entitlement, both in access and quantum. Those discussions continue and now include the Department of Premier and Cabinet. However, the Ministry has, in its latest Workforce Advice, indicated that: “Where sick leave is exhausted, Health agencies may grant additional sick leave on a case-bycase basis.” Wages at Opal I work at a nursing
home run by Opal. What is happening with my wages? The last pay increase in the Opal Aged Care (NSW) Enterprise Agreement 2016 has come and gone. Opal has confirmed a 2.25 per cent administrative increase to wages and allowances effective from the first full pay period in July 2020. My workplace has no agreement. Am I covered? I work as a midwife in a private hospital, and no workplace agreement is in place. I am paid under the Nurses Award 2010 but can’t work out where I fit in. In the absence of any federal enterprise agreement, the Nurses Award 2010 would apply (the default safety net). Under Clause 4 – Coverage, the Award covers “a nurse/midwife, principally engaged in nursing/midwifery duties comprehended by the classifications listed in Schedule B - Classification Definitions”. Section B.2 then states: “For the purposes of this award nursing care also includes care provided by midwives.” Accordingly, for practical purposes, the reference to nursing duties in the classification structure should be read to mean midwifery duties for midwives. This should assist in determining where your duties and responsibilities fall, and in turn what you should be paid.
THE LAMP AUGUST / SEPTEMBER 2020 | 31
