Ask Shaye

A new year … more of the same or a chance to break with the past?

One month into the new year, Christmas cheer has understandably dimmed, even quicker for many of you who worked through the entire festive period. Now’s a good time to look back on positives and look forward with hope.

The year 2022 saw improvements in workers’ rights through access to paid domestic and family violence leave, parental leave changes and, for some working in aged care, a sorely needed pay rise has been agreed to, although it is yet to be implemented.

What then for 2023? There is hope for aged care via implementation of federal legislation requiring RN 24/7, and in turn mandated RN and care minutes per resident. Members in private health are campaigning for workplace and staffing improvements in a way not seen previously. Public health members are well into their intense struggle for improved staffing levels, conditions and pay. Improvements only exist when we enforce them, and the key to doing that is knowing your rights.

So, I look forward to even more “Ask Shaye” questions and seeing further wins in 2023.

Domestic and family violence leave I work in public health and saw something about new domestic and family violence leave. What is this about?

From 1 January 2023, the NSW Government has made available to all government sector workers, including casuals, access to 20 days’ paid domestic and family violence leave per calendar year (non-cumulative). This leave can be used without the need to exhaust other existing leave entitlements first. This is a most pleasing continuation of governments of all persuasions responding to worker and union campaigns over many years to provide way better support to combat this blight on our community. Check out IB2022_047 for more information.

Aged care COVID-19 vaccination requirements

What is the current law about workers being vaccinated for COVID-19 in aged care?

The Public Health (COVID-19 Care Services) Order (No 2) 2022 expired at the end of November 2022. Accordingly, all legal requirements under that order, including vaccination mandates, are no longer in place. For the aged care sector, though, advice and direction from the NSW Chief Health Officer remains in place, which continues to strongly encourage aged care workers to be up to date with all vaccinations, including COVID-19 and influenza. Aged care facilities will also continue to apply local policies for vaccination and mask requirements, for example, under a work, health and safety framework.

Arbitrary use of annual leave

I work in a public hospital and wasn’t rostered my usual hours. One shift was then paid as annual leave to maintain my contracted hours without my knowledge. Can they do that?

In short, no. You should be rostered your contracted hours and any shortfall cannot be arbitrarily made up by using your annual leave. Furthermore, Clause 30(vi) of the Public Health System Nurses’ and Midwives’ (State) Award, makes clear that the use of single annual leave days can only occur if “convenient to both the employer and the employee”, i.e., by mutual agreement.

Eligibility for parental leave

My partner had our child on 16 September 2022. I now want to access the new parental leave available for partners but was told I am not eligible. Is that right?

Unfortunately, and disappointingly for you and many other parents, based on the above information, this would be correct. The enhanced arrangements only apply to children born – or adopted or out-of-care-home care placement – on or after 1 October 2022. As your child was born prior to that date, your leave and access arrangements would continue to be those in place prior to the new provisions being rolled out.

However, check out the FAQs attached to IB2022_036 or IB2021_029 for more definitive information on your rights.

Minimum payment for a casual shift at Ramsay

What is the minimum payment for a casual nurse working at a Ramsay hospital?

Under clause 3.4.3 of the Ramsay Health Care Australia Pty Limited and NSW Nurses & Midwives’ Association and ANMF NSW Branch Enterprise Agreement 2021–2023, a casual employee will be paid a minimum of three hours’ pay each time they are required to work. Remember that this minimum engagement should also be paid where a casual shift is cancelled with less than two hours’ notice.

Update on the aged care work value case

What has the Commonwealth Government said about the 15 per cent work value increase for aged care workers?

As reported in the last edition of the Lamp, the Commonwealth Government intervened in the work value case and supported a wage increase. However, and quite disappointingly, just before Christmas, the government proposed to the Fair Work Commission that the 15 per cent increase should be funded and paid in two steps: 10 per cent from 1 July 2023, and the remaining 5 per cent from 1 July 2024. The timing of the increase will now likely need the determination of the Commission later this month.

COVID-19 vaccination in public health

I work in a public hospital, and while I have had two COVID-19 vaccinations, I don’t really want a third. I am being pushed by the hospital to have it. Do I need to have the third? This issue has remained the subject of some confusion. Under PD2022_030 issued on 28 July 2022, an existing worker who is non-compliant with the third COVID-19 vaccination requirement can continue to work but must comply with all riskreduction strategies if working in a Category A position. So, you can’t be ‘forced’ to have the third in your existing role, but as part of this process, you are required to submit a Non-Participation Form acknowledging that you will comply with specified riskreduction strategies and the use of designated PPE.

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