Ask Judith

YOUR RIGHTS Ask Judith

When it comes to your rights and entitlements at work, NSWNMA Assistant General Secretary Judith Kiejda has the answers.

How many times can you use the word extraordinary?

Can it really be 12 months since my last Christmas message, written as unprecedented fires ravaged Australia, unaware that we would soon become gripped by a pandemic crisis hereto unknown in scale since, arguably, the Spanish Flu. Extraordinary is a word used repeatedly and consistently over the last year. Often it remains the only word that can possibly describe the desperate and unprecedented situations we have confronted. And in relation to the pandemic, it is a societal cost that will continue to be felt for many years to come, and well after any possible vaccine is developed and made available. But, amidst all this tragedy, whether caused by fire or virus, or the more expected vagaries of life, I wish to call out what has truly been the most extraordinary thing – the efforts of nurses and midwives everywhere. Regardless of classification or setting, you have, as always, been the cornerstone of any response, of any support, of any assistance to the community. The sick, the old, the frail, those scarred by disease or trauma; it was the professionalism of nurses and midwives that made the real difference, and often at great peril to your own wellbeing. For your efforts you are labelled as heroes by those in power (who seek to bask in your reflected lustre) but in tangible (money) terms, rewarded as if laggards. What a thank you ... Be sure, though, that we at the Association, and I as one of your elected leaders, will commit to continuing in 2021 to work with all nurses and midwives to ensure you are safe, you are paid fairly, that you have enough colleagues to provide the best possible care and support. We must and will prevail ... On that note, I wish all members, their families and friends, a very merry Christmas and a happy New Year. Take care, hopefully enjoy a little celebration if you can, and I look forward to catching up with you all again next year.

Increasing part time hours

I work part time in an aged care facility run by Bupa. I have been working extra hours and wondered if these could be made permanent? Clause 10.3(e) of the Bupa Aged Care Australia, NSWNMA, ANMF (NSW Branch) and HSU NSW Branch, New South Wales Enterprise Agreement 2018 sets out the circumstances and mechanism for having contracted hours of a part-time employee increased. The initial step is to identify that you have been working more than your specified contracted hours continuously for more than 12 months. For these to be made permanent, the additional hours worked cannot be due to backfilling other workers on leave or a temporary need to increase hours for a resident. Any increase recognised in your contracted hours should be worked within the roster cycle and shift configuration used at the facility.

Public holidays and maternity leave

How are public holidays dealt with while I am on paid maternity leave from my public hospital employment? Clause 34 A (viii) of the Public Health System Nurses’ and Midwives’ (State) Award states that when a public holiday occurs while on paid maternity leave, payment is at the rate of maternity leave being received, i.e. if on full pay then it will be paid at the full rate, on half-pay it will be paid at the half rate.

Replacement of staff

I work at a hospital owned by Healthe Care. How should they approach absences in the roster? Clause 40(iv) of the Healthe Care Pty Ltd (New South Wales Hospitals) and the NSWNMA/ ANMF NSW Branch Enterprise Agreement 2017 sets out that all rostered and unplanned leave will be replaced with a nurse/midwife of at least the same classification wherever reasonably practicable. Accordingly, the default position is a like-for-like approach.

Changing rosters

I am a registered nurse in a public hospital. Recently we were told that the hospital wants to change the times of our rostered shifts, as well as varying the changeover times. Can they do this? Clause 6 of the Public Health System Nurses’ and Midwives’ (State) Award requires the employer to consult with staff and their representatives about such change. Examples of a change requiring consultation under the Award includes: the alteration of (working/rostered) hours of work for a class or group of employees.

Additional public holiday

What’s the additional public holiday in NSW Health this year? As per public health awards, an additional public holiday for NSW Health staff is to be observed during the Christmas/ New Year period. After consultation, NSW Health staff will observe the additional public holiday on Thursday 31 December 2020. However, NSW Ambulance staff will observe the additional public holiday on Tuesday 29 December 2020. These arrangements are set out in Information Bulletin IB2020_034.