YOUR RIGHTS
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Judith
When it comes to your rights and entitlements at work, NSWNMA Acting General Secretary Judith Kiejda has the answers.
Looking a bit like 2020 so far ...
Maximum shift length
Well, a new year but with a distinctly familiar 2020 feel. As we approached Christmas, the Northern Beaches cluster (then joined by Berala and Croydon) sent the Greater Sydney area into varying degrees of restrictions, from lockdown to mask wearing. This was soon matched by outbreaks in Victoria, and then followed in Brisbane by concerns of possible community transmission of the more virulent UK strain of COVID-19. The hunger for some peace and quiet, and an opportunity to catch up with family and friends to celebrate the season, remained unsatiated for many. Instead, mass testing was required and, as has been the case in 2020, nurses were in the frontline, whether at testing clinics, border entry or quarantine hotels. It is no different overseas – except in many countries, clinicians of all persuasions are confronting demand that is overwhelming and placing their hospital systems on the verge of actual collapse. Vaccinations are now being rolled out in a number of countries; let’s hope their efficacy can demonstrate that a return to a safe, non-pandemic reality is possible. The next six months will certainly be telling.
I work full time under the federal Nurses Award. What’s the maximum shift length I can be rostered for my usual working hours? In Clause 21.2 of the Nurses Award 2010, it mandates that “The shift length or ordinary hours of work per day will be a maximum of 10 hours exclusive of meal breaks.”
Timing of employer super contributions How often does my employer have to pay their superannuation contributions to my super fund? The ATO via relevant super guarantee laws only requires employer super guarantee contributions for each eligible employee to be made on a quarterly basis. Some awards or agreements, however, may require the employer to make super contributions for their employees more regularly than these quarterly payments.
Disciplinary process at Ramsay I work at a hospital run by Ramsay. I was told that a concern had been raised about my behaviour. However, a few days have now passed and I have not received anything as yet. What should happen now? Clause 2.5 of the Ramsay Health Care Australia Pty Ltd & NSW Nurses & Midwives’ Association and ANMF NSW Branch Enterprise Agreement 2018–2020 sets out that the employer will ensure that any suspected unsatisfactory behaviour is managed in a timely and fair manner in accordance with the principles of natural justice. This includes the opportunity for an employee to respond to any allegations against them [Clause 2.5.6]. You are entitled to receive the details of any complaint made, with the right of reply before any decision is made [Clause 2.5.7]. Remember, employees have the right to have a support person present at any disciplinary/ investigative meeting, which may include an Association representative [Clause 2.5.4].
12-hour shifts I am a registered nurse in a public hospital. Recently there has been talk about introducing 12-hour shifts. Can’t say I am keen. Does the hospital need to let the Association know?
Clause 5 of the Public Health System Nurses’ and Midwives’ (State) Award requires the Association to be notified in writing no later than four weeks prior to the start of any proposed commencement of a 12-hour shift system, to enable consultation with all potentially affected employees. In any event, participation in a 12-hour shift system is entirely voluntary. Alternative shifts must be made available to you if you do not agree to participate.
Probationary period at Australian Red Cross Is there a limit to a probationary period if working for Australian Red Cross? Clause 8.2 of the Australian Red Cross Blood Service Nurses Enterprise Agreement New South Wales and Australian Capital Territory 2018 sets out that an employee may be employed on a probationary period for the first three months; however, this may be extended up to six months in individual circumstances. The total probationary period, however, cannot be for a period longer than six months.”
Rosters at Healthe Care I work at a hospital operated by Healthe Care. When is the roster supposed to be posted for staff? Clause 14 of the Healthe Care Pty Ltd (New South Wales Hospitals) and the NSWNMA/ ANMF NSW Branch Enterprise Agreement 2017 sets out that rosters shall be displayed in a place convenient to employees four weeks in advance where practicable, but certainly not less than two weeks in advance of the first day of the roster.
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