Report to 2014 Annual Conference by NSW Nurses and Midwives' Association

Report to 2014 annual conference

Table of Contents

Presidentâ&#x20AC;&#x2122;s Report

General Secretary Report

Assistant General Secretary Report

Overview: Industrial and Professional Issues

NSW Public Health System

Local Health Districts

Specialty Networks and ADHC

Branch Official and Activists Training (BOAT)

Private Hospitals

Aged Care Sector

Other Sectors

Professional Services

Communications

Conclusion

Financial Statements

Report to 2014 Annual Conference Coral Levett, President

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Welcome delegates and thank you for attending this year’s Annual Conference. I would also like to extend a very special welcome to our international and inter state guests. We hope you enjoy your time with us and we look forward to sharing experiences and practices that will enhance the nursing and midwi fe ry professions for our respective jurisdictions. This report will provide a short sum mary of the activities of the Association’s Executive and Council for the past year, leaving the General Secretary to report in more detail on the full range of activities of the Association.

the Association and to be a part of such a progressive, dynamic and inspirational leadership team. The Association Council has had an extensive focus this last year on en suring the best possible governance structures are in place in this time of extra ordinary union scrutiny by the Abbott Coalition Government. All Councillors, and appropriate NSWNMA staff members, have now received the mandatory governance training as required by the Fair Work Commission. This training further consolidated

There have been a couple of changes to Council in the last year, with the passing of Roz Norman and a casual vacancy occurring following the departure of Louise Howell prior to last Annual Conference. Our two newest members of Council, Annette Alldrick and Jason Pascoe, were both elected by members at Committee of Delegates’ meetings in accordance with our Rules. I am confident that Annette and Jason will both bring their own unique skills and experiences to the Council and I am pleased to welcome them both. Many of our Councillors, myself included, have now been working with the leadership team of Brett Holmes and Judith Kiejda as General Secretary and Assistant General Secretary respectively, since their election to their positions in 2003. Leading and managing this organisation continues to be an ex tremely challenging but important responsibility, and I acknowledge the continued commitment of Brett and Judith over this time. I speak on behalf of all Councillors when I say it is an absolute privilege to be on the Council of

More specifically, the Executive and Council have: • Played a critical leadership role in 2014 Public Health System Log of Claims Committee process, the Day of Action in September 2013, and the subsequent ongoing campaign to

NSWNMA Council — meeting attendance

NSWNMA Council and Executive Council is made up of 23 democra tical ly elected members including the General Secretary, the Assistant General Secretary and eight executive members. It is vested with the res pon si bility of managing the affairs of the Association according to our Rules.

prior training and placed it in a clear union focused perspective. As you can appreciate, this subject matter is some what removed from the daily clinical and management roles of the nurses and midwives on our Council.

2013 | Meetings held =

Alldrick, Annette Brazil, Sue Clark, Gary Dine, Lyne Gleeson, Tania Hibbert, Peg Holmes, Brett Hopper, Lyn Howell, Louise Kiejda, Judith Lang, Debbie Levett, Coral McCall, Liz McKenna, Lucille Mckillop, Di Noort, Richard Norman, Roz Rodgers, Kerry Scott, Lorna Smith, Debra Smith, O’Bray Thurlow, Jillian White, Sue Wilson, Gil

Number attended

2*** 11 11 7 8 10 11 10 0* 9 11 11 9 8 8 9 3** 10 11 11 10 7 11 9

2014: January to July Meetings held =

Number attended

Alldrick, Annette Brazil, Sue Clark, Gary Dine, Lyne Gleeson, Tania Hibbert, Peg Holmes, Brett Hopper, Lyn Kiejda, Judith Lang, Debbie Levett, Coral McCall, Liz McKenna, Lucille Mckillop, Di Noort, Richard Pascoe, Jason Rodgers, Kerry Scott, Lorna Smith, Debra Smith, O’Bray Thurlow, Jillian White, Sue Wilson, Gil

4 3 6 6 6 6 5 5 4 6 6 5 6 4 5 4**** 5 6 5 5 5 6 4

* Louise Howell – leave of absence to April 2013; resigned from Council, 9 April 2013 ** Rozlyn Norman – leave of absence from May to October 2013; deceased 29 November 2013 *** Annette Alldrick – elected to Council at Committee of Delegates, 17 September 2013 **** Jason Pascoe – elected to Council at Committee of Delegates, 18 March 2014

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improve and extend nurse to patient ratios. To this end, Councillors participated on the sideline at the recent NSW Nationals Annual General Conference in Queanbeyan to highlight the need for improved ratios in non-metro areas; • Committed to opposing the NSW Coalition Government’s dis graceful decision to privatise all disability services in NSW by 2018. Should this occur, over 1,200 nursing jobs are at risk of being lost from the public sector and the care of our most vulnerable citizens handed over to the profit-driven private sector; • Been active members of the Electro nic Voting Working Party; • Attended and supported the Sydney Alliance movement, with a renewed focus on affordable housing, public transport and accessibility to train stations, and improved pathways into employment; • Taken a prominent leadership role in the Save Medicare campaign by speaking at public forums. NSWNMA strongly and unequivocally opposes any medical service co-payment; • Taken a prominent leadership role

in the Anti-Privatisation campaign by speaking at public forums, lobbying government and other politicians, and informing the community about what is really at stake; • Been actively involved in regular committee representation, such as, The Lamp Editorial and the Pro fessional Issues Committee (PIC); • Authorised around $50,000 worth of donations to various charities and community groups on your behalf; • Continued to be at the forefront of policy and procedure review for both the NSWNMA and the ANMF.

May Day Parade The 2014 May Day Parade was held recently, giving nurses, midwives and all workers the opportunity to celebrate the many magnificent achievements by unions over the years. The NSWNMA once again used our float ‘A proud past, a fighting future’. Well done to all who participated and we look forward continuing in this fine tradition.

Edith Cavell Trust Congratulations to the 37 members who were successful with their scholarship

ap plications for the 2014 academic year. These scholarships are awarded to enable current and future nurses and midwives to embark on undergraduate or post graduate studies. An amount of $100,000 was allo cated this year, slightly less than last year’s amount. As the Trust scholarships are only available to members and associate members, it is a great reason to encourage nonmembers and students to join.

Professional Issues Committee The Professional Issues Committee (PIC) has been focused on the review and development of policies, guide lines and position statements for presentation to Annual Conference for endorsement, and has also provided valuable input into the numerous professional issues that present themselves. Particular issues continue to attract the attention of the PIC in relation to National Registration, such as dual registration (nursing and midwifery) and concurrent regis tration (registered nursing and enrolled nursing). Both of these areas need further clarification and more consistent advice to members.

2014 May Day Parade

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Australian Nursing and Midwifery Federation (ANMF) As well as being members of the NSW Nurses and Midwivesâ&#x20AC;&#x2122; Association, we also form the NSW Branch of the ANMF which allows us to exert our influence on professional and industrial matters at the national level. As a Branch of the ANMF, we form a sizable component of a collective of over 240,000 members throughout the nation. Proudly, we are now one of the largest and fastest growing unions in the country. The ANMF has had a change in the leadership team with our very own Annie Butler recently appointed by the ANMF Federal Executive to the Assistant Federal Secretary role. The previous incumbent Yvonne Chaperon left in February this year to take up an appointment with the Mental Health Board of Tasmania, and much closer to home. With Lee Thomas, the Federal Secretary and Annie Butler at the helm, we will continue to be at the forefront of the professional and industrial arenas at the federal level. Many of the issues that affect nurses and midwives in NSW are indeed federal matters and are influenced by what is happening in the other states and territories. Queensland is a classic example of what can happen in the absence of two different houses of parliament and an incumbent Liberal government hell bent on destroying the civil liberties of its citizens and denying workers the right to be properly represented by unions. Since their election, they have disgracefully concentrated their efforts in trying to destroy the Queensland Nurses Union in every way possible. They have not succeeded and the Queensland Nurses Union remains strong and proud. A successful National Biennial Delegatesâ&#x20AC;&#x2122; Conference was held in Brisbane last October with NSW well represented by your ANMF NSW Branch Councillors. This forum is an opportunity to learn exactly what is happening across the nation and to work out a united plan to move forward, with many of the battles we face

As a Branch of the ANMF, we form a sizable component of a collective of over 240,000 members throughout the nation. Proudly, we are now one of the largest and fastest growing unions in the country.

daily affecting nurses and midwives throughout the country. As a proud member of the ANMF Federal Executive and as the Federal President, I look forward to continuing this work into the future.

Conclusion As each year presents new challenges for the Association and our membership, we continue to strive to do the very best job possible. It is a testament to the dedication and hard work of all of the staff of the Association that we are able to represent such a large number of members in so many areas of concern. In my view, this year has been a little harder than previous years because of the political environment in which we find ourselves. Despite the ideological views to break the backs of unions from both the state and federal governments, we continue to fight the good fight. We are a strong and proud family of nurses and midwives, and we will not give up on the health and social justice rights of the communities in which we live.

I congratulate Brett and Judith once again on their exemplary leadership and their ongoing capacity to keep this union ahead of the pack. We have the support and respect of our fellow unions and will continue to work collectively to get a better deal for the people of NSW. I wish you all an enjoyable 69th Annual Conference and I look forward to your enthusiastic engagement in the debate and the planned activities. As usual, we have some exciting professional questions on the agenda to debate and decide and together we will move this union forward.

Coral Levett President

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The Year in Review Brett Holmes, General Secretary

The 69th Annual Conference of the New South Wales Nurses and Midwivesâ&#x20AC;&#x2122; Association aims to highlight nurses and midwives as forces for change in putting patient safety first. This is without doubt a bigger and harder challenge than in previous years with Liberal National Coalition Governments at State and Federal levels in all but South Australia and the Australian Capital Territory.

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The concerns that we articulated as a conference and as a union during our 68th Annual Conference have come true, with attacks on the principles of our universal health insurance system of Medicare and further attacks on the funding of the public health system. It is being set up to potentially fail and make way for the private sector to take over all but the safety net for the poor. Boldly articulated by the Abbott Federal Government via their first Budget with savage cuts to health and social welfare spending; proposals for a $7 co-payment for GP visits, radiology, pathology and increases in pharmaceutical co-payments – under mining the remaining bulk billing component of Medicare. The Abbott Federal Government is also paying incentives to State governments to privatise infrastructure and leave the door open for big business to run the country via the blue print set out in the National Commission of Audit report. In August last year, the NSWNMA was charged by so called fact checkers as being rated “Liar, Liar, Pants on Fire” for our campaign pointing out that the Liberal-National Coalition were intending to privatise our public health system and send us down the path of an Americanised health system. It gives me little comfort to know that we were right and that we are no longer alone in understanding the plans of our current governments at both Federal and State level to deliver a very different health system in the future. Not surprisingly, the Federal Treasurer Joe Hockey, and the Sports and Health Minister Peter Dutton are claiming that the country’s health spending is unsustainable and therefore has to convert to a user pays system, rather than one based on universal benefit paid for by those of us who can afford to pay tax and reap the benefits of a healthier society. Instead they want the United States model of user pays and largely private health insurance, which delivers worse outcomes at almost double the price. Nurses, midwives and like minded members of our communities will have

to be a significant force to change the elected governments’ path of destruction against the social compact that Australians have come to treasure and epitomise: Medicare and our free public health care system.

to bargain workplace by workplace, provider by provider, or where we can, through template agreements with the Employer Associations. With recent announce ments by Assistant Social Services Minister Mitchell Fifield that

Nurses, midwives and like minded members of our communities will have to be a significant force to change the elected governments’ path of destruction against the social compact that Australians have come to treasure and epitomise: Medicare and our free public health care system.

Aged Care Supplement One of the first acts of the Abbott Federal Government upon coming to power in September 2013 was to abolish the Aged Care Supplement and grandfather only those few early agreements that provided the supplement to wages delivered by the Aged Care Compact, renamed Supplement. Just two employers signed up to this benefit which delivered wage increases of up to 3.75% to our aged care members, Uniting Care and Domain Principal (now Opal Specialist Aged Care). The other group of workers to suffer a similar fate were childcare workers, where, like aged care, improvements to wages with assistance by the Federal Government needed an enter prise agreement to be negotiated to ensure the money was delivered to the workers rather than the providers. The primary reason for these attacks on low-paid, mainly female, workers was a fear that the Liberal-National Coalition had, that this was leading to unionisation of these carers. The Abbott Federal Government instead promised to deliver the funding to the providers and let them decide how it should be best used. After years of campaigning on aged care, I am sorry to say, we are back to square one. The only real option being

the additional funding for Dementia Care had been ceased as a result of a tenfold blow out in expenditure, I think the employers and their associations might be finding that everything they wished for from the Abbott Federal Government has not been so good after all.

High Court Challenge to Electoral Funding Laws I am very glad to say we were part of a historic win in the case Unions NSW and Others (including the NSWNMA) vs State of NSW Case S70/2013, which challenged parts of the NSW Electoral Funding Act on the basis of it being an infringement on Constitutional law – with regard to the implied freedom of political communication on govern mental and po litical matters (Election Funding, Expenditure and Disclosures Act 1981 (NSW) (“the EFED Act”) – s96D of the EFED Act prohibits political donations other than by individuals on the electoral roll: • whether s96D of the Act imper missibly burdens the implied free dom and is therefore invalid; • whether ss 95F, 95G(6) and 95I of the EFED Act impermissibly burden the implied freedom and are therefore invalid.

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Whilst the High Court found in our favour we were not able to, on legal advice, challenge all aspects of the legislation including the cap on expenditure. However, the most important win was not here in NSW, but in Queensland. The Newman LNP Government had attempted to prevent unions, like the Queensland Nurses Union (QNU), from having any campaign expen diture of more than $10,000, unless a full vote of all members was conducted for each and every campaign. The QNU had been subjected to frequent “inspections” of their accounts during the period this law was in place and it was clearly an attempt to prevent unions in Queensland from having any freedom of political communication. The Newman LNP Government repealed the legislation late at night under the cover of other legislation before it too faced the High Court.

NSW Government Wages Policy and Legislation Our 2014 Public Health System wages and conditions claim for improved nurse to patient ratios in peer Group B, C and F Hospital medical/surgical wards and Acute Inpatient Mental Health units and the introduction of ratios in Critical Care areas, Emergency Departments, Paediatrics and Community Health have all been ignored by the Baird Government and representatives at the Ministry of Health. They do not even pay you the courtesy of putting in writing the rejection of the claim. We sat at the table and had useless discussions before eventually the Ministry of Health was allowed by the Government to say they had “bargaining parameters” approved and that an offer could be made. Of course, the offer was 2.27%, with 0.25% added to Super annuation. No mention of the rest of our claim for safer patient care, but an offer to continue talks, should we find some cashable conditions we would like to sacrifice on behalf of our members. We have made a pragmatic decision that we have little choice but to accept the money, get it into our members pockets and continue on with our campaigning to the next State election and beyond

The NSWNMA opposes the privatisation of ADHC and argues that the public sector has a vital role in providing disability services.

as necessary to achieve a fairer wages policy and safer patient care. It is unlikely we will see a change to the government-legislated pay outcomes under a Baird Government, now or in the future. The Government made this clear in its recent Budget papers, where it was very proud its policy on wages and cuts had already saved $4 billion and was predicted to save a further $23 billion over the next four years. Only people power and pressure on politicians will change this. Our job, as a union, is to keep telling it how it is, facilitate our members articulating their own voices and use the collective voice to try and convince the voting public that they deserve a better health system and decent public services.

Ageing, Disability & Home Care (ADHC) The National Disability Insurance Scheme was supposed to be a ground breaking change for Australian society which is long overdue. The NSWNMA has supported the concept and need for Australia to properly assist and care for those people in our society who are disabled.

Privatisation of Disability Services In October 2013, the NSW Government announced without warning that it would stop providing any disability services by 2018. Notwithstanding de pu tations by the relevant unions, including the NSWNMA, within weeks the NSW Government rushed through

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The NSWNMA opposes the privatisation of ADHC and argues that the public sector has a vital role in providing disability services. The NSWNMA believes that should be the State based system, which has the capacity and obligation to provide for the most difficult and expensive clients. In March 2014, the NSWNMA launched the Hands off our Disability Service campaign at a forum held at Newcastle Panthers. Around 300 people attended to support the campaign and the event generated significant interest in the media. ADHC members, led by Stockton Branch members, have been engaged with local campaign activities and have gained further media attention. Education and listening visits are ongoing, as it is vital that members become engaged at the workplace and participate in events during the campaign. I urge all branches and members to join in supporting the campaign for a decent outcome for the residents and our members in this sector. the National Disability Insurance Scheme (NSW Enabling) Act, which facilitated (indeed pre-determined) how ADHC services, assets and staff would be ‘transferred’ to the not for profit and for profit sectors.

The 2014-15 Federal and NSW Budgets

The legislation which gives the Minister and his Director-General un precedented powers contained many concerning provisions. The more pro blematic sections give the Minister the power to forcibly transfer ADHC staff to any other provider in any other region, without any say or capacity to receive redundancy pay. The Act creates the illusion of protections for members on transfer, which to date have not manifested as real protections. Since late 2013, relevant unions have held high level consultative meetings with ADHC management to explore transition arrangements – to date these discussions have failed to provide members with any level of assurance that their wages, conditions and professional standing will be respected in any transition to the not for profit and for profit sectors.

On 13 May, the Abbott Government delivered one of the most ideological budgets in history and, unfortunately for all of us, Health was one of the portfolios to be hardest hit. Around $220 million was removed from federal funding of NSW public hospitals in 2014-15 and the Commonwealth will spend almost $1.2 billion less on NSW public hospital services over the next four years.

The forecast looks bleak in terms of future health funding from the Federal and State Government’s.

The introduction of a $7 Medicare co-payment for GP visits, radiology and pathology has the potential to limit access to healthcare for many Australians, if it successfully passes through the federal Parliament. This attack on our universal healthcare system may also lead to poorer health outcomes, particularly if patients delay seeking medical attention, which would result in a greater burden on the health budget. Put simply, using fees to discourage patients from seeking medical treatment is a very poor outcome for our health system. If passed, doctors and healthcare providers will receive $2 out of each copayment ($468 million over four years), with the remaining $5 to be directed into a new Medical Research Future Fund. From 1 January 2015, we will also likely see a $5 increase in the price of PBS-listed medicines (concession card holders will pay 80 cents more). The 61 Medicare Locals will be abolished from June next year and replaced by a smaller group of Primary Health Networks. One positive in the budget, was the additional funding allocated for rural Nursing and Allied Health scholarships and for the Mental Health Nursing Incentive Payment. On 17 June, the Baird Government handed down its last budget before the next state election. Despite claiming a record $19.9 billion health spend, it also delivered a disappointing result to address growth funding within health. The cuts in Commonwealth funding had clearly impacted on the State Government’s ability to prioritise the issue of safe patient care, as there was no allocation for improved ratios throughout our public health facilities or specialty units.

The introduction of a $7 Medicare co-payment for GP visits, radiology and pathology has the potential to limit access to healthcare for many Australians. Report to 2014 Annual Conference | 11

An estimated 500 people attended the Belmont Save Medicare rally in June 2014 to oppose the Abbott health budget.

The Government did manage to stump up its final funding commitment to direct more nursing specialists into the community – $15 million for 115 new clinical nurse educators, clinical nurse specialists, clinical midwifery educators and clinical midwife specialists to be located throughout Local Health Districts and Specialty Health Networks – the NSWNMA has been campaigning for increases in these positions since 2010. The final 115 completes a pledge of 275 made by Health Minister prior to election in 2011. The NSWNMA claimed a further 275 CNEs/CMEs in our 2014 log of claims which has been completely ignored. An additional $1.3 billion was earmarked for capital works, including upgrades to various existing hospitals as well as new facilities, such as Byron Central Hospital. It is very important to note however, this was all qualified by the Health Minister stating: “NSW Health is working towards creating partnerships with the private sector, not-for-profit agencies and the Commonwealth…”. Meaning, the rate of Public-Private Partnerships (PPP) involved in the delivery of health services will be on the rise in our state (despite previous failed attempts, such as Port Macquarie Base Hospital).

While we recognise there are substantial reforms that can be made in order to improve the system, we believe that the principles on which Medicare was founded must be preserved: equity, efficiency, simplicity and universality.

Save Medicare rally in Sydney, May 2014.

Both of these budgets raise serious questions about the future of patient care in our health system. Regardless of your financial position, you are guaranteed access to world class medical services. However, a GP co-payment would re move this and place further pressure on our health system by forcing patients to present to already overcrowded emer gency departments. Nurses and midwives will be forced to deal with these impacts. As advocates for better health out comes, we will continue our efforts to campaign for mandated nurse to patient ratios in our public health facilities and specialty units right across NSW.

Medicare When the Abbott Federal Government handed down the budget in May it launched a devastating assault on Aus tralia’s universal health care system, with it an attack on all Australians, particularly its most vulnerable citizens. While we recognise there are substantial reforms that can be made in order to improve the system, we believe that the principles on which Medicare was founded must be preserved: equity, efficiency, simplicity and universality. To this end we are committed to defending any attacks on our universal health system.

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For months now we have been active in the Save Medicare campaign and are part of a growing coalition of community groups and unions to defend our universal heaIth system. In July, the NSWNMA escalated its campaigning efforts, along with other branches of the ANMF. We have lobbied the NSW Senators to reject the 2014 federal budget, worn badges and proudly carried banners to stop the co-payments, skilled up activists with lobbying kits that they could use at their branches and local communities, and participated in a national online campaign to involve the community.

Privatisation It is our belief that the current attacks on Medicare and our universal health by the Abbott Federal Government are an ideologically driven agenda, to create a crisis of efficiency and make the health sector ripe for the picking by private providers – moving towards a more US style managed care model. This will likely be the excuse for States, like NSW, to move towards an even more aggressive privatisation agenda. The recent State budget indicates that all greenfield sites, like Byron Central Hospital, will be public-private

partnership models and they have been privatising by stealth since they came into power. To date these include the new Level 5 Northern Beaches hospital, ADHC, mental health services, and community services like physical health, and drug and alcohol support.

Northern Beaches Health Minister Jillian Skinner announced in May 2013 that the new Northern Beaches Hospital would be a public-private partnership. Expressions of interest have since been sent out, with Ramsay and Healthscope as the final two applicants. The successful applicant will be announced late this year. The Baird Government is proposing that when public health system nurses and midwives transfer to the new operator (either Ramsay or Healthscope) they will only have their existing wages and conditions protected for two years. The NSWNMA continues to reject the pri vate pro vision of public health services and the proposed loss of public sector conditions in the medium and long term for members at Manly and Mona Vale Hospitals. In late 2013, the LHD released a rather nebulous summary of the tendering requirements for the new operator however, the actual terms of

the Request for Proposal requirements remain secret. The real details of the transfer provisions, including the need to maintain ratios and quality patient care, remain hidden from public scrutiny. Campaigning efforts on the Northern Beaches have been ongoing since late last year and will escalate in the coming months to broaden community outreach in an attempt to reverse the decision to privatise the new hospital before the successful applicant is announced. The NSWNMA has produced a range of Our New Northern Beaches Hospital is Not for Sale campaign materials which are being distributed on the Northern Beaches – they consist of postcards with messages to be sent to the Premier, as well as car stickers, signs and campaign banners. Due to the difficulty of informing residents of the Northern Beaches that the new hospital will be built and run by the private sector, the NSWNMA has had to consolidate this campaign with full page advertisements running over three Saturdays in the Manly Daily in March. Ongoing branch activities have been held at Manly and Mona Vale Hospitals with the anti-privatisation theme, where stickers, signs and postcards were signed and gathered. The outstanding

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Nurses from Maitland Hospital and the Stockton Centre fronted the state government’s regional cabinet meeting in Maitland to voice their concerns about privatisation of local public health and disability services.

success of these events was the strong engagement with all hospital staff. Every opportunity is being taken to inform the community on the Northern Beaches by members and officers. The NSWNMA will increase these efforts in the coming months via our “pop up shop” in the heart of the Northern Beaches serving as a campaign head quarters and consolidating our com munity presence.

New Maitland Hospital The NSW Government refuses to commit to a new publicly-operated hospital for Maitland. Minister Skinner has stated that the new hospital will offer public hospital-like services, but has also stated that no decision has been made on the procurement model. The NSWNMA is deeply concerned that the new Maitland Hospital at Metford will follow the same fate as the proposed new hospital for Sydney’s Northern Beaches at Frenchs Forest. NSWNMA branches in the Hunter have grown significantly in the past 12 months. There are now five branches (up from three) in the region. The Maitland Hospital branch is forming a coalition with other branches across the region and with the local Maitland Community

Unions Alliance to distribute a flyer, signage and bumper stickers under the campaign theme of Our New Maitland Hospital is Not For Sale. This campaign will educate the community about the risks of public-private partnerships.

Workers Compensation The NSWNMA made a submission to the NSW Legislative Council’s Stan ding Committee on Law and Jus tice regarding the Reviews of the WorkCover Authority of NSW and Workers’ Compensation (Dust Diseases) Board. The NSWNMA’s submission called for robust mechanisms to encourage and, if necessary, force employers to provide suitable work to injured workers. The NSWNMA gave oral evidence to the Review on 21 March 2014. The NSWNMA also took part in a wider review of 2012 changes to workers compensation legislation focusing on the unfair compensation outcomes associated with the reforms. On 19 June 2014, the NSWNMA attended the release of the Unions NSW Workers Compensation Survey Report 2014 at Parliament House. Unions NSW conducted the survey of injured workers last year and compiled

Nurses, midwives and community supporters against the privatisation of the new Northern Frenchs Forest.

the report documenting the real impacts the changes were having on injured workers and their families (a copy of the report is available on the NSWNMA website). It would appear that the NSW Government has finally started to realise the cruel effect that their severe cuts to workers compensation have had on injured wor kers and their election prospects. As at 28 June 2014, the Government an nounced the following limited roll-back to some of the cuts however, continued pressure needs to be maintained to restore justice for injured workers: • Access to hearing aids, prosthesis and domestic care/modifications until retirement age (prior to 2012 these were provided until a worker no longer needed them). • Reducing the access threshold for ongoing medical benefits from 30% to 21% whole person impairment until retirement age (prior to 2012 there was no such threshold). • Up to 12 months of weekly expenses for injured workers post retirement age (there is still a cap on medical expenses for 12 months after weekly expenses finish).

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rally outside Manly Hospital to protest Beaches hospital to be located at

Injured workers would also continue to be eligible for weekly benefits until a disputed work capacity assessment had been resolved. This follows criticism raised in a recent parliamentary inquiry that found people were getting no benefits for the months it took for their disputed claim to be settled.

More than 300 members of the community gathered with nurses and family members to discuss the privatisation of all public disability services in NSW by 2018, under the guise of the National Disability Insurance Scheme.

• Changes to work capacity testing to now require insurers to continue to pay injured workers until their appeal rights are terminated (this is to address the fact that the WorkCover Authority has been taking up to six months to review work capacity decisions whilst a worker is cut off from workers com pensation and often Centrelink).

• training for responsible officers;

• “Clarifying” the entitlement of a injured worker to a second surgery outside of the 12 month time limit imposed in June 2012 (details of this provision are still unclear).

The 68th Annual Conference voted to incorporate those matters into the NSWMMA’s rules (Rule 16A Special Financial and Management Schedule), even though it was not required to do so, as they provide a formal go vernance framework.

Governance The publicity surrounding the Health Services Union and governance matters resulted in the Federal Government intro ducing changes to the Fair Work (Registered Organisations) Act 2009 that impose requirements on industrial or ganisations to insert rules providing for:

• specific duties of the Executive in rela tion to financial and risk management; • officers’ obligations for disclosure of remuneration and material personal interests, and • declarations of related-party tran sactions.

The NSWNMA has for many years de veloped policies, procedures and prac tices that covered the key elements that fall within the model rules including: • annual budget approved by Council; • monthly financial reporting to Exe cutive and Council; • annual audit and financial reporting to all members and to Annual Con ference; • orientation and training, including financial matters, for Councillors; • credit card policies and procedures; • motor vehicle policy and procedures;

Report to 2014 Annual Conference | 15

• numerous staff policies covering matters such as, recruitment, EEO, anti-discrimination, etc.

The Journey Accident Insurance cover provides members, who are financial at the time of the accident, with:

The gaps between the requirements under the Rule 16A and formal NSWNMA policy and practice have been identified. As a result the NSWNMA has developed a formal set of Governance Principles and an overarching Financial Policy that deals with:

• a weekly accident benefit up to 85% of average gross weekly salary for a period of up to 104 weeks (after a 7-day waiting period)

• financial roles and responsibilities of the Executive, the Council and elected officers;

• home/car modification benefit up to a maximum of $20,000

• financial planning and management including: n budget; n record keeping; n financial reporting; n procurement of goods and services; n investments; • related parties, related party transac tions and conflicts of interest; and • disclosures In addition, Executive Terms of Refe rence have been adopted to incorporate the risk and audit requirements of Rule 16A and the NSWNMA has developed a risk framework. All NSWMA Councillors have under taken training courses in financial management and governance, and to be consistent with the requirements of the Fair Work (Registered Organisations) Act 2009, have also undertaken an approved Governance course developed by the ACTU.

• rehabilitation costs up to $5,000 per annum (non-Medicare medical expenses such as physiotherapy)

From 1 July 2013 to date there have been a total of thirty cases under our Journey Accident Insurance policy. Eighteen are currently active, with members receiving payments to cover lost salary and/or receiving reimbursement of rehabilitation costs e.g. physiotherapy. Twelve of the thirty cases that occurred in the 2013–2014 financial year have been closed, with all members returning to their pre-injury duties. The policy has paid out a total of $680,840.26 to members since its commencement, including $383,616.78 for the period 1 July 2013 to 24 June 2014. There are currently six pre 1 July 2013 cases active, the oldest dating back to January 2013.

Financial Position The NSWNMA remains in a sound financial position with continued membership growth and prudent expenditure being the underlying strengths of our finances. The audited results for the year to 31 December 2013 are summarised at the end of this report. Whilst the operating result (before non-operating revenue and expenses) was a deficit of $1,858,276 this was $205,497 better than budget. After allowing for other income in 2013, the net result was a deficit of $86,323. As at 31 December 2013 the NSWNMA’s net assets stood at $32,041,103. The full audited financial statements have been placed on the Members Only page of the NSWNMA website and pre sented to Annual Conference by the Association’s Auditors. A summary of those audited statements were distri buted to all members in the June edition of The Lamp. One important point to note is that, as a result of changed reporting require ments, we have adopted accrual accounting for income in the 2013 Audited Financial Statements.

NSWNMA Journey Accident Insurance From 1 July 2013 to date

The ongoing challenge for the NSWNMA is to continually review policies and procedures, identify new risks and remain proactive in ensuring membership fees continue to be used in accordance with the Objects of the Association (Rule 3) i.e. in the best interest of the members.

Member Benefits

$680,840.26

Journey Accident Insurance

The total the policy has paid out to members since its commencement, including

The Journey Accident Insurance pro vides cover for members who are injured on their journey to and from work and who, prior to the O’Farrell Government’s 2012 changes to workers com pensation, would have been co vered by workers compensation.

cases

active

closeD

$383,616.78 for the period 1 July 2013 to 24 June 2014.

| 16

The unaudited accounts to 31 May 2014 recorded a surplus of $1,766,184, with accumulated funds at the end of that period standing at $20,229,561. Net Assets had risen to $33,766,424. To date, campaign costs have been much lower than for the same period last year.

• An increase in Residential Aged Care for the year – up by 422 members (4.39%).

3.28%

• An increase in Private Hospitals for the year – up by 151 members (3.21%).

57,965 2014: 59,869 2013:

Membership Membership Statistics The NSWNMA has recorded an increase of 1,904 financial members in the 12 months to 30 June 2014. This brings the NSWNMA to a financial membership of 59,869 at 30 June 2014, representing a growth of 3.28% for the 12-month period. To obtain this net gain, 7,243 new members were admitted and 6,498 members resigned. It is worth noting that Council adopted the practice in March of culling members who owed more than six months fees, as per Rule 10c rather than the previous practice of twelve months. At the March 2014 Council meeting there were more than 1,500 member records that were ceased because of this (up from the usual number of approximately 500-600). The size of the task to recruit is obvious but without an ongoing effort by every

membership increase

member, every branch official and every staff member, we cannot continue this level of growth. In the first half of 2014 Council admitted 3,784 members. As always, there are many more nurses and midwives who could join but have not yet been convinced of the importance of membership. It is the responsibility of all of us to strongly encourage those nurses, midwives and assistants in nursing to join our union.

Key Growth • An increase in the Public Health System for the year (30/06/2013 to 30/06/2014) – up by 1,214 members (3.15%).

• Other sectors up by 117 members. • The number of PRD members has decreased from 8,696 to 8,059 (13.5%). • The number of PRD members has decreased by 637 for the year (30/06/2013 to 30/06/2014). This still represents more than $6 million per year or $500,000 per month income, with the obvious need to continue the campaign to remove our depen dence on this form of income.

Public Health System up by

1,214 members

Residential Aged Care up by

Private Hospitals up by

151 members

key growth

Other Statistics

PRD members

8,696 2014: 8,059 2013:

Number of branches 2013

422 members

2014 New branches formed:

Branches reformed:

421

446

Delegates:

669

13.5%

Branch Officials:

1,551

Report to 2014 Annual Conference | 17

Report to 2014 Annual Conference Judith Kiejda, Assistant General Secretary

The past year has seen your union continue to strive for the ability of nurses and midwives to deliver safe patient care and ensure all Australians have equity of access to universal healthcare locally, nationally and internationally.

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Global Nurses United (GNU) Delegates will recall our partnering with nurses’ unions from 14 other countries in June 2013 to form the first international nurses union – Global Nurses United (GNU). GNU’s mission has three main aims: • Further the agenda of ratios to provide safe patient care in all health care settings • Campaign strongly against the worldwide move to privatise public health services • Campaign for tax reform to ensure adequate funding for quality public services – particularly health and aged care. We held our inaugural international day of action on 17 September 2013 with amazing success. Delegates from across the state staged two separate events in the Sydney CBD highlighting the need for the same mandated staffing by way of ratios for all NSW public patients regardless of their postcode. The second day of action was held on International Nurses Day (12 May 2014) which we marked by launching an Instagram action. The NSWNMA was unable to attend the second meeting of the GNU, held in January of this year, however we hope to attend the third meeting which is scheduled for September. It is hoped that this meeting will see the constitution adopted, providing the platform from which to expand and grow the union’s membership. The NSWNMA has been campaigning hard for tax reform that will see funds made available to sustain access to quality public health services in this country. GNU has focused particularly on the introduction of a Financial Transaction Tax (more popularly known as the Robin Hood tax) and the NSWNMA wants to bring the Robin Hood tax to Australia. A Robin Hood tax is not a tax on the financial transactions that we make in our everyday lives – it will not affect how you access your pay, pay your bills or transfer money when paying loans. It is a modest tax on trading of financial instruments such as stocks, bonds,

A Robin Hood tax does two things; it raises much needed revenue for things like public health and aged care services, and it helps to stabilise the world economy by decreasing the volume of risky trading behaviour. All of this on just a 0.01 - 0.05% tax rate! derivatives, futures and credit default swaps; trades that occur at a rate of thousands per second. Dealers and financial institutions make profits on each transaction.

how modest the Robin Hood tax rate is, it makes you wonder two things; one is how much profit is made if 0.05% raises $16 billion? The other is, why the bankers are opposing the tax?

A Robin Hood tax does two things; it raises much needed revenue for things like public health and aged care services, and it helps to stabilise the world economy by decreasing the volume of risky trading behaviour. Estimates for Australia indicate that a Robin Hood tax here would generate $16 billion over three years. Across Europe the estimates are $240 billion annually. According to Oxfam, that is enough to wipe out extreme poverty around the world four times over.

On an international level we are seeing the European Union (EU) pushing ahead to implement a Robin Hoodstyle Financial Transaction Tax, despite the UK trying to derail the process in the courts. EU Finance Ministers are currently meeting in order to have the tax implemented by 2016. There is no reason we should not bring the Robin Hood tax to Australia. This is especially true given the recent Federal Budget’s cuts to services, co-payments on health care and talk of increasing the GST. This NSWNMA campaign offers an alternative to the constant attack on workers and their income, whilst the gap between rich and poor in our society is ever increasing – the Robin Hood tax is a great alternative.

All of this on just a 0.01 - 0.05% tax rate! That is, 5¢ for every $100 transaction, where as you are taxed at $10 for every $100 spent (GST) and $32 - $37 for every $100 you earn (PAYE Tax rates). Given

Report to 2014 Annual Conference | 19

Taking it to the streets In raising awareness of the Robin Hood tax campaign, the NSWNMA protested the G20 Finance Ministers’ meeting in Sydney in February. The NSWNMA website contains a link to YouTube footage of that event (www.nswnma. asn.au/a-merry-band-of-nurses-bringsrobin-hood-tax-idea-to-the-g20). Members have also marched under the Robin Hood tax banner at the March in May and May Day events. In November this year the leaders of the G20 will be meeting in Brisbane where they will be discussing the future of the world’s finances. Whilst they should be taking action on tax avoidance by companies like Apple, Google, IBM and Starbucks, they will most likely be taking action to further burden the ordinary Australian. To give voice to our call for a progressive Robin Hood tax, and to let the G20 know that they are being watched, the NSWNMA will be joining with GNU, Public Services International, the Australian Council of Trade Unions, the International Trade Union Confederation, branches of the ANMF and countless civil society groups in Brisbane. We will be offering an alternative view to that of the G20. We will raise awareness of the Robin Hood tax commencing with a two week roadshow, visiting key rural and regional locations on the way to Brisbane. At these stopovers we are hoping to meet with members and interested community members to help spread the word. Delegates who are interested in participating in the roadshow should visit the Tax Justice and Fair Trade Display at Conference or make contact with your member Organiser.

Public Services International (PSI) In my role as PSI Health Coordinator for the Asia Pacific I was invited to speak on our 2011 ratios win at the World Health Organisation’s (WHO) 3rd Global Forum on Human Resources for Health held in Recife, Brazil. The conference was informative however I was amazed at the lack of focus on unionised workers and

TPP does nothing to protect the rights of workers, poses threats to health care provision and it proposes the right for foreign companies to sue Australian governments.

the general acceptance for the handing over of public health services to the private and non-government sectors. This international trend is evident everywhere and, as health professionals who know that patients fare better in universal healthcare systems, we must advocate for quality public health services at every opportunity. I also attended a health forum organised by PSI looking at how the sector was to be organised to effect maximum outcomes for PSI’s 20 million members worldwide – one third of whom are health workers. The two day meeting was chaired by the new General Secretary Rosa Pavanelli, who is committed to a nursing focus within health. The meeting was attended by representatives from all four geographic regions and robust discussions were held around grass roots organising and campaigning to ensure that public health remains a priority in every member country. The idea of collapsing the Health Services Taskforce and replacing it with a more representative body, allowing

a more equitable access by affiliates, was explored but as yet no replacement process has been proposed.

Trade Agreements Of increasing interest to members and the Australian community in general is the issue of Trade Agreements in the region which have the potential to negatively impact on our everyday lives as well as the potential to place our sovereign nation at risk. We have been very active as a PSI affiliate in this space.

Trans Pacific Partnership (TPP) The TPP is a proposed free trade agree ment being pursued by 12 countries including Australia, the US, Canada, Japan and New Zealand. The agreement has very little to do with actual traded goods, and is predominantly looking to make domestic legislation suitable to the interests of multinationals. It is being lauded by governments as a modern trade agreement that will lay the groundwork for future prosperity through free trade, although we have our doubts.

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The NSWNMA opposes the TPP, as it does nothing to protect the rights of workers, poses threats to health care provision and it proposes the right for foreign companies to sue Australian governments. The TPP is being nego tiated in secret and Australians will not have the ability to have the agreement voted down in parliament. The pub lic has no access to what is being negotiated other than through leaked documents and by gauging outcomes on recent agreements. From what we know to date the TPP contains little protection for workers’ rights, but contains a great deal that protects and enforces the rights of foreign companies. Threats to our health system come through proposals to reduce the scope and function of the Pharmaceutical Bene fit Scheme (PBS). If the TPP is successful all Australians will be paying more for their medicines. This is compounded as the TPP also seeks to limit the production of cheaper generic medicines. The TPP threatens food labelling requirements which we see as a direct contradiction of primary health care approaches. Delegates will be aware of the actions of Phillip Morris in attempting to sue the Australian Government for introducing the legislation for the plain packaging of cigarettes. This has occurred be cause of an obscure trade agreement between Hong Kong and Australia. The TPP will allow companies nominally based in any of the 12 TPP countries to sue Australian governments in a similar way should we pass legislation that is deemed to affect their trade – even if it is clearly a health matter. Internationally governments are being sued for denying mining that threatens the environment, drinking water and people’s health. They are being sued for telling petrochemical companies to clean up their mess. Currently there is a case between Canada and Ely Lilly over the denial of a patent for a drug whose efficacy is being questioned. The TPP also carries concerns regarding environmental protections, Australian content in media, internet services and intellectual property.

In opposing the TPP, the NSWNMA has worked closely with the Australian Fair Trade and Investment Network (AFTINET). In doing so, we have written to the Federal Minister for Trade and Investment, the Hon. Andrew Robb MP and we have made submissions to Senate inquiries. The NSWNMA has participated in rallies and issued media releases at key moments. Most recently the NSWNMA took the lead in organising a stunt to coincide with the G20 Trade Ministers’ meeting in Sydney on 19 July. The event gather ed support from AFTINET, civil society groups and other unions. I urge dele gates to visit the trade display here at Annual Conference and encourage you to become involved in the Tax Justice and Fair Trade Workshops which are held prior to each Committee of Delegates.

Trade in Services Agreement (TiSA) The Trade in Services Agreement (TiSA) is an agreement currently being nego tiated at an international level involving over 50 countries. TiSA threatens to acce lerate privatisation of all public services through forcing governments to open to international tender any new service. It is the process we are seeing being taken by the NSW Government at the moment, but TiSA will lock this and all future governments into the process. It will also prevent governments from reversing privatisation even when it fails the public. For example the NSW Government was forced to buy back Port

NSWNMA’s representative, Michael Whaites (second from right), at the World Trade Organisation’s Bali meeting in December 2013.

TiSA threatens to accelerate privatisation of all public services through forcing governments to open to international tender any new service. It will also prevent governments from reversing privatisation even when it fails the public.

Report to 2014 Annual Conference | 21

Macquarie Base Hospital due to systemic failures. TiSA would see a failed privatised service continue in private hands, rather than it be reverted to public ownership. TiSA also seeks to reduce burdensome licensing and regulatory requirements. This could mean the requirement to staff a hospital with registered nurses or licensed practitioners could be re duced or it could mean that telehealth services can be provided by offshore, deregulated health care providers. TiSA rules would apply to any service that is not specifically named, making it difficult to future proof health, education, water and electricity supplies. In opposing TiSA, the NSWNMA sent a representative to the World Trade Organisation’s Bali meeting in December last year as a part of the PSI contingent. The work carried out by PSI increased public awareness and ensured that trade negotiators were aware of the growing public opposition to trade agreements that destroy our democracy and only serve the interests of multinational companies.

Australian Council of Trade Unions (ACTU) As delegates are aware the NSWNMA is affiliated to Australia’s peak union body, the Australian Council of Trade Unions. Brett and I are both Executive members

in a democracy such as ours where it is the elected politicians at state and federal level who make the decisions – and hence the laws – about our working and personal lives, it is important that your union is able to represent your views at such high level meetings.

and in that capacity we work with the ANMF and other unions to advance the cause for working Australians. I currently occupy the role of Vice President (Junior) on the Executive and this position entitles your union to have its say at a number of high level meetings. The position ensures that the NSWNMA has a voice on the Australian Labor Advisory Committee, which meets with the Prime Minister and Cabinet when the ALP is in government or the Opposition Leader and Shadow frontbench when the ALP is not is in government. In the late stages of the previous federal government, we were able to contribute to the aged care debate at peak level and a meeting I recently attended allowed me to put our union’s views forward on matters important to us, such as, the defence of Medicare, trade agreements and tax justice. I was able to advise the Opposition Leader of our campaign for the Robin Hood tax and the importance of strong Labor party policy to back in our campaign initiatives – especially the defence of Medicare. Some members often believe that nurses and midwives should be above party politics however, in a democracy such as ours, where it is the elected politicians at state and federal level who make the decisions – and hence the laws – about our working and personal lives,

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lamp THE MAGAZINE OF THE NSW NURSES AND MIDWIVES’ ASSOCIATION

VOLUME 71 No.6 JULY 2014

NSWNMA contingent at the Sydney Alliance Assembly in March 2014.

it is important that your union is able to represent your views at such high level meetings.

Sydney Alliance The Sydney Alliance is a citizens’ coalition whose vision is to provide the community with a voice to express common values and aspirations for a fair and just Sydney. The Alliance provides a way for people to have their say in the Sydney they want now and in the longer-term, plus it connects them with like minded people. Sydney Alliance is comprised of people from diverse community organisations, unions and religious organisations who want a better city. The Alliance is the largest and most diverse network of citizens in Sydney. It is an independent organisation that does not take govern ment funding and is a non-party po litical organisation. The Alliance believes that a strong and connected community enables the people of Sydney to shape their own future, to grow and develop as leaders, to be fully democratic citizens and to speak and act with others on their own behalf. It builds grassroots power that respects the contribution and dignity of all people. The NSWNMA was present at an

assembly in Granville in November, where issues of importance to the partner organisations were decided. This was followed on 26 March 2014 when the NSWNMA brought 100 people to join a further assembly at Sydney Town Hall, where thousands from Sydney Alliance partner organisations launched its public campaign one year out from the 2015 State election. These events formulated the three main issues for the Alliance to pursue – affordable housing, pathways to employment and transport. The Alliance has been formed into districts: • Inner West District is working on a campaign for parking permits for Home Care workers, and is engaging Community Nursing branches in the Inner West. • The Northern District is working on lymphoedemoa services being re-instated at Royal North Shore Hospital, palliative care services, aged care, and the privatisation of hospital services. The Alliance has a Fiscal Gap working party which has been researching the raising of revenue required to run public and community services. The NSWNMA is informing the group and the partner organisations about the Robin Hood tax.

Why don’t we have the same ratios as the city? BLACKTOWN BEDS DISAPPEAR

NURSING OUR CLIMATE

NURSES IN GAS BLOCKADE

Print Post Approved: PP100007890

The Lamp An important responsibility of the Assis tant General Secretary’s office is the oversight of the production of The Lamp. This informative Association magazine, which is produced 11 times a year, im proves every year with its quality of information provided individually to our members on issues of importance. A flip book version is available on the website. Feedback suggests that this magazine is highly valued by our membership, as it keeps them informed on a regular basis on matters of importance – not just industrial matters – but also on extended health matters that have the potential to impact members. I would like to extend my sincere thanks to all members, staff and the production team who work together to ensure a consistently high quality magazine is delivered.

Judith Kiejda Assistant General Secretary

Report to 2014 Annual Conference | 23

Overview: Industrial and Professional Issues

| 24

Overview: Industrial Issues NSW Public Sector Industrial and Bargaining Environment Notwithstanding considerable oppo sition by unions to the NSW Liberal National Coalition government’s rep ression of public sector workers’ rights, the situation in 2014 remains unchanged: the Government’s laws continue to ensure that ‘good faith’ bargaining is dead for public sector workers in NSW (including nurses and midwives). They continue to deny us access to the independent umpire, the NSW Industrial Relations Commission, where previously we could argue that changes to nursing work and productivity should be rewarded with significant wage increases. Under the Government’s laws, the only way public sector workers can achieve any improvements beyond 2.5% per annum (less superannuation increases) is to trade off real conditions in their awards. Put simply, if you want to improve patient safety through improved and extended ratios, the Government expects you to pay for it, with a trade off of your wages and/or other award conditions. Public sector unions have resisted these laws through various legal and industrial actions. However, despite considerable industrial campaigning and legal challenges, including in the High Court of Australia, these unfair laws remain in place. To defeat these laws, we need to put political pressure on this Government. The fight for ratios and the fight for a

if you want to improve patient safety through improved and extended ratios, the Government expects you to pay for it, with a trade off of your wages and/or other award conditions.

vibrant public health system will have to be electorate by electorate. We have to tell the Government that their laws deny us fairness at work. We have to tell them that we take patient safety seriously and will continue to fight for improved and extended ratios. We have to tell them that the public provision of health services is the bedrock of an effective and equitable health system.

Overview: Professional Issues Dual registration (RN/RM) This is a very concerning ongoing issue that the profession needs to debate. Applications are regarded individually and the outcomes appear to be different in each jurisdiction which defeats the purpose of national registration. The NSWNMA is of the view that there are some shared competencies in midwifery and nursing, regardless of the area you work in you should be able to show recency of practice in both. It is the responsibility of the applicant to make the case for their own practice. However if members are concerned about their own application, they should contact the NSWNMA and be guided through the process.

Concurrent Registration (RN/EN) The pratice of concurrent RN/EN registration was set to end in May 2014, but the Nursing and Midwifery Board of Australia (NMBA) has had legal advice to say that there is no legal impediment to be registered in both registers. Unfortunately, this has not been conveyed to the enrolled/ registered nurses and many have already relinquished their enrolment. The NSWNMA has written twice to the NMBA but still awaits a reply. There has been no advice placed on the AHPRA website at the time of writing this report.

EN Competencies A review of the enrolled nurse competencies is being undertaken by Monash University and due to be completed by October 2014.

Midwifery The NSWNMA participated in the Review of Midwifery Accreditation Standards and was represented at the forum held in Sydney in October and at the final forum held in Melbourne last December. There was no final position decided with regard to the Midwifery Standards. The Association’s position remains supportive of the ANMF position.

Report to 2014 Annual Conference | 25

NSW Public Health System

| 26

Public Health System Nurses’ and Midwives’ (State) Award Public Health System Log of Claims Committee Constitution of Committee Pursuant to the decision of the NSWNA Annual Conference 2004, this Commit tee was established with the following membership: Lilian Booth

Orange Community Health

Emma Clarke

Westmead Hospital

Tyrone Dungey Grafton Base Hospital Edward Makepeace

Royal North Shore Hospital

Jacquie Myers

Royal Prince Alfred Hospital

Mandy Short

Coffs Harbour Hospital

Coral Levett

President, NSWNMA

Debra Smith

Councillor, NSWNMA

O’Bray Smith

Councillor, NSWNMA

Brett Holmes

General Secretary, NSWNMA

Lisa Kremmer Acting Assistant General Secretary, NSWNMA Anna Claude

Director, Campaign Strategy, NSWNMA

Rhonda Kassis Industrial Officer, NSWNMA Liz Robinson

Industrial Officer, NSWNMA

Michael Wright Industrial Officer, NSWNMA

Committee Meeting The Committee met in person in No vember 2013.

Deliberations of the Committee Pursuant to the charter established by Annual Conference 2004, the Log of Claims Committee has considered all resolutions relating to the Public Health System Nurses’ and Midwives’ (State) Award since the last Log of Claims Committee in 2012. Briefing notes as to the legality, usefulness and achievability of possible claims were prepared by Association

officers and distributed to all Committee members prior to the meeting. In particular, the meeting was briefed on the restrictive nature of the NSW Government’s Wages Policy, which se verely restricts our capacity to negotiate and further removes our ability to seek arbitration through the NSW Industrial Relations Commission (IRC). These brief ing notes are confidential as they contain sensitive strategic assessments.

Recommendations of the Committee Each possible claim was discussed as to its merit by Committee members and additional clarification or information sought from the ex-officio officers where desired. Therefore the critical task of the Committee was to establish which claims should be pursued in the next award claim, in the context of the Government Wages Policy. The following table lists the claims that the Committee voted to include in the 2014-15 log of claims (not in any particular order): Staffing for Safe Patient Care Workloads and Ratios – Community and Community Mental Health

Existing

Workloads and Ratios – ED, EMU and MAU

Existing

Workloads and Ratios – NICU

Existing

Workloads and Ratios – NHPPD/Ratios for Peer Group C and D

Existing

Workloads and Ratios – NHPPD/Ratios for Peer Group C and D

Existing

Workloads and Ratios – Paediatrics

Existing

Workloads and Ratios – Midnight bed census

Existing

Workloads and Ratios – Specials Existing (three similar resolutions were considered and the most appropriate one endorsed) Wages Wage Quantum and Length of Agreement for 2013-2014 Claim

New

Other Hours of Work (reduce maximum consecutive shifts from 7 to 6)

New

Actions recommended by the Committee The recommended claims were structured into a draft claim and placed before Public Health System branches for a vote in March - April 2014. Following the vote by branches, the draft claim then became the formal claim and was served on the NSW Ministry of Health. I would like to place on record, my thanks to the Committee members for their commitment to the membership, and willingness to provide clear direction and reach recommendations in a consensus manner. The need for confidentiality of Committee documents and discussion was reinforced to the Committee.

Government Wages Policy 2013: Pay Increase Since the 2013 Annual Conference, the NSW Government has pulled out all stops to avoid paying the 2.5% pay increase promised by the now Premier, Mike Baird, when he was Minister for Industrial Relations. In early May 2013, it tried to discount its promised 2.5% pay increase to members by 0.25%, to pay for the Superannuation Guarantee increase legislated by the Commonwealth Go vern ment. The NSWNMA and other unions successfully argued that the 2.5% should not be discounted. As a consequence, the IRC awarded the full 2.5% increase to public sector workers in June last year. The NSW Government sought to overturn the IRC’s decision and passed a regulation overturning it. However, this regulation was rejected by the Legislative Council. In late December 2013, the IRC rejected the NSW Government’s argument that a 2.5% wage increase would hurt the State’s economy and varied the Public Health System Nurses’ and Midwives’ (State) Award to give nurses and midwives the full 2.5% wage increase originally

Report to 2014 Annual Conference | 27

promised by the Government’s own Wage Policy. True to form, on Christmas Eve, the then O’Farrell Government applied to again stop the increase, based on their up coming appeal to the Court of Appeal (Supreme Court of NSW). At the same time, it reintroduced a Regulation very similar to the one it introduced in mid-2013 which was rejected by the Legislative Council. On 5 March 2014, the Legislative Council again rejected the Regulation, with all par ties except the Liberal and National MPs voting to disallow it.

During the NSW Budget processes in State Parliament, the Treasurer, Andrew Constance, introduced the rather blandly named State Revenue and Other Legislation Amendment (Budget Measures) Bill 2014. By 19 June 2014, it had been passed by both Houses of Parliament and was assented to on 24 June. Hidden among more mun dane administrative provisions was a Schedule which effectively reintroduced the amended Industrial Relations (Public Sector Conditions of Employment) Regulation, which had been rejected by the Legislative Council twice before. The

2014 Campaign During late March and April Branches were asked to vote to reaffirm the 2013 pay and improved ratios claim and to add two additional claims recommended by the elected Log of Claims Committee. One claim was to reduce the Award maximum of seven consecutive shifts that can be worked to a maximum of six: like our ratios claim its aim is for safe patient care, by giving nurses a greater capacity to better manage their fatigue. Additionally, the NSWNMA added as a new claim, the

In early May, the NSW Court of Appeal overturned the decision of the IRC and effectively ruled that the wage increase should be 2.27% ... the Court of Appeal backed the Government’s argument and has effectively instructed the IRC that it must take increases in superannuation away from the 2.5% increase ‘promised’ in the NSW Government’s own legislation. In early 2014, the O’Farrell Government successfully argued for a stay (delay) of the IRC’s decision that NSW Public Sector Awards should be increased by 2.5%, rather than the 2.27% that had already been awarded by the IRC on an interim basis. In early May, the NSW Court of Appeal overturned the decision of the IRC and effectively ruled that the wage increase should be 2.27%. Surprisingly, the Court of Appeal backed the Govern ment’s argument and has effectively instructed the IRC that it must take increases in superannuation away from the 2.5% increase ‘promised’ in the NSW Government’s own legislation. After considering the matter for some time, in early June, Unions NSW and state public sector unions, including the NSWNMA, made application for special leave to appeal the Court of Appeal’s decision in the High Court of Australia.

amended regulation strengthened the Government’s hand in making their ‘right’ to deduct superannuation much clearer. It also made any appeal to the High Court largely futile.

2014: Wages Policy continues to outlaw paying for increased productivity Currently, the NSW Government’s draconian wages policy remains in force. Imposed in 2011, it effectively removed the IRC’s arbitration powers. Wages (and potentially conditions) are subject to the whim of government. Before the change, the NSWNMA had the capacity to argue before the IRC that changes to nursing work and productivity should be rewarded with significant wage increases. Mike Baird introduced these laws when he was Minister for Industrial Relations and continues to impose them as Premier.

quantum of wages and the length of agreement for the 2013-2014 Claim. In total, 206 branches voted on the claim, with 205 voting in favour. The claim was served in mid-April and a series of meetings have been held. As was the case in 2013, the Ministry was ‘snaillike’ in their response to our claim as they lacked any authority to bargain from the NSW Government. When they did respond in early June it was, as expected, both miserable and predictable. In accordance with the Government’s Wages Policy the Ministry offered 2.27% per annum for one year with no response to our claim for improved and extended ratios. Equally predictable was the Ministry’s application to the IRC on 20 June to vary the Public Health System Award to increase wages and conditions by 2.27% from 1 July 2014 and to insert a wide ranging ‘No Extra Claims’ clause into

| 28

Country nurses deliver 10,000 ratios petition signatures to John Barilaro MP at the National Conference, Queanbeyan, June 2014.

the Award. On 24 June, the IRC made a general order to increase wages and conditions in most public sector awards (including the Public Health System Award) by 2.27%. The NSW Government’s claim for the ‘No Extra Claims’ clause, which is opposed by the NSWNMA and other Unions, is currently being determined by the IRC.

members made their long journey south to coincide with the NSW Nationals An nual General Conference and called on National Party MPs to stand up for rural patients, nurses and midwives and sup port our calls for improved and extended ratios. John Barilaro, Member for Monaro, was the first to receive a delivery of 10,000 petition signatures.

Despite this, members continue to work tirelessly within their communities in the campaign for improved and extended ratios in all public hospitals as the best way to achieve safer patient care.

Around 30 June-1 July 2014, many branches undertook a range of local campaign activities from having a main street stall and community survey, through to handing out flyers and cam paign materials at railway stations.

Many members have persevered in lobbying their local MP and engaging their community in the campaign through obtaining petition signatures and other activities. To date we have collected nearly 90,000 signatures. The petitions will be delivered to key MPs over coming months in chunks of 10,000 signatures with a request that these be tabled in the Parliament. Consistent with parliamentary procedures, this should trigger a discussion in the Legis lative Assembly every time these are presented. Nurses and midwives recently called upon the NSW National Party to deliver improved ratios for country hospitals. A de di cated group of members from the NSWNMA travelled to Queanbeyan to garn er support for better public health ser vices throughout country NSW. The

NSWNMA members made their long journey south to coincide with the NSW Nationals Annual General Conference and called on NSW National Party MPs to stand up for rural patients, nurses and midwives and support our calls for improved and extended ratios.

We remain united and strong in our resolve to continue the campaign for improved and extended ratios as the way to safer patient care. The NSWNMA will not withdraw from these efforts and I urge all members to continue to fight for safe and effective public health care for the people of NSW.

2015 Campaign Preparation In 2013, members determined that the NSWNMA should explore staffing re quire ments in certain other areas. Expressions of interest were called to establish working groups to discuss possible claims for ratios and skill mix in the following specialties: • Drug and Alcohol Services • Outpatients (including specialty clinics)

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We remain united and strong in our resolve to continue the campaign for improved and extended ratios as the way to safer patient care. The Association will not withdraw from these efforts and I urge all members to continue to fight for safe and effective public health care for the people of NSW.

• 23 hour / day only / short stay surgical units/wards (excluding MAUs as they are already part of the claim)

members and ensuring that the Agree ment operates in harmony with the new Multiple Assignments clause of the Award.

• Maternity Services (Non-Birthrate Plus)

Unfortunately, due to the current NSW Coali tion Government’s Wages Policy, the parties are unable to negotiate an increase to the 29% loading received by the midwives under this Agreement. The NSWNMA has sought instructions from its Midwifery Reference Group as to the Ministry’s proposed definitions of Midwifery Caseload and Group Practices. A draft Agreement will be available soon to obtain feedback from members.

The working groups have met a number of times. In addition industrial and literature research has been undertaken to determine whether ratio claims in these specialties are feasible.

NSW Ministry of Health Midwifery Caseload Practice Annualised Salary Pilot Agreement Review The NSWNMA continues discussions with the Ministry to review the terms of the model Midwifery Caseload Practice Annualised Salary Pilot Agreement, in cluding addressing concerns raised by

Multiple Assignments Dispute Following a lengthy dispute regarding how the Ministry treats employees with more than one assignment, a new clause was inserted at clause 4A of the

Award on 18 June 2013. In short, the clause provides that; 1 Employees with multiple assign ments within a single public health organisation must be treated as if they had a single assignment. This will then entitle them to: • access leave across each of their assignments; • have all of their service counted for the purposes of accessing Maternity, Adoption and Parental Leave; • six weeks annual leave if they work on a seven day basis across multiple assignments; • Additional Days Off if they work full-time hours across multiple assignments;

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• overtime in accordance with clause 25(ii)(a) of the Award if they work full-time hours across multiple assignments; 2 Employees with multiple assign ments in different public health organisations continue to be treated as if they had separate contracts of employment subject to a few important exceptions. The NSWNMA continues to liaise with the Ministry to ensure members receive appropriate back pay.

Night Duty Study As reported to the last Conference, the NSW IRC in 2009 identified a risk of the development of a number of diseases from the performance of night shift work where such work was undertaken for a particular frequency and duration. The Nurses and Midwives Nightwork Study Report, produced by the University of Sydney in late 2012 found that a significant number of public health system nurses worked such patterns. The Ministry of Health’s response to date has been unsatisfactory. In September 2013, the Ministry responded to the risk mitigation and amelioration strategies proposed in the Study Report. The Ministry proposed the provision of information and education as its only response. It rejected recommendations that had significant cost impacts and avoided any significant analysis of the implications of the issues raised by the Commission and University. The Ministry also refers us to the NSW Government’s Wages Policy and legislation in relation to employee costs that would result from any financial compensation.

In November 2013, the NSWNMA wrote to the Ministry to express these concerns. Our concerns remain: the Ministry is resisting high level discussions requested by the NSWNMA in a collaborative attempt to deal with the complex issues surrounding this matter.

Nurses and Midwives’ Uniforms In late 2013, HealthShare carried out a post-implementation survey on nurses and midwives’ uniforms. In response to survey results, the following changes that have been made or are in the process of being made: • sizing system has been revised and adjusted – further work is being done to get ongoing problems sorted out; • scrub tops are to be made a bit shorter and the in-seam split to be made longer; • shorts are being added to the administration and scientific/ technical range (but seemingly not to the nursing and midwifery range);

Service Check Register On 31 October 2013, after extensive lobbying by the NSWNMA, the Ministry published a new Policy Directive (PD2013_036) relating to the Service Check Register. Substantial improvements were made to the policy at the Association’s request including as follows: 1 Improved recruitment processes, i.e. the information provided regard ing employees must be “factual, relevant and objective”. 2 Job applicants with Service Check Register records must now be given the opportunity to respond if their record has an adverse impact on their application. 3 Greater capacity to remove Service Check Register records. 4 Capacity for merits review by the Ministry of Health.

• nurses and midwives’ access to 100% cotton garments is to be made more broadly available and the ‘crossover’ style top is being added for improved variety; • sleeveless top in poly-cotton is being added to the community nurses range; • white shirting tops (including NUMs) to be made from heavier fabric so that they are less sheer. In addition, the NSWNMA has written to the Ministry of Health on two occasions (December 2013 and April 2014) in res ponse to resolutions requesting the addition of shorts/culottes as an option for nurses and midwives. At the time of this report, there is no resolution of this matter.

The Ministry ... rejected recommendations that had significant cost impacts and avoided any significant analysis of the implications of the issues raised by the Commission and University (of sydney). Report to 2014 Annual Conference | 31

Local Health Districts

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Central Coast Local Health District

Far West Local Health District

Local Health District Operating Theatres

Wentworth District Hospital and Health Service

Members were concerned that they were not able to access their annual leave in line with Award entitlements. Initially, this was thought to be due to unfilled vacancies. The vacancies were filled but the issues of ever increasing leave balances continued. NSWNMA officers and management then looked at the FTE budget build and identified that the budget build for operating theatres had been calculated on staff having four and six weeks annual leave per annum. The resolution of this matter involved employing an additional 5.7 FTE nursing staff and providing staff with the opportunity to be paid out for accrued leave, again in line with Award entitlements. The members and management are continuing to monitor the leave balances.

Gosford Hospital Gosford Hospital surgical staff raised the issue that staff absences were not being replaced and NHPPD not being met. The issue arose as staff working an afternoon shift remained on duty for an overtime night shift and did not return for their rostered afternoon shift the next day until 5pm, after their 10-hour break. This resulted in the ward routinely working short for one and a half hours. Members used the Award Clause 53(s) and requested a Spot Check, which showed that NHPPD were not being met. Management acted promptly to rectify the issue and are now routinely reviewing compliance with NHPPD; weekly reports are tabled at the reasonable workload committee.

The branch informed the NSWNMA of the proposed restructuring of the Wentworth District Hospital and Health Service, including a ‘Discussion paper to support consultations about the future development of health services in the Wentworth Local Government Area’. The paper discusses the possibility of four options for service and currently some consultation is occurring with the community. Following that, the Association understands the LHD will then commence discussions with the facility and staff. To date, no formal notification or proposal has been received from the LHD.

Hunter New England Local Health District Local Health District Parent and Infant Mental Health Services (PIMHS) In February, the LHD stated that funding promised for PIMHS had been withdrawn by the Federal Government. Nurses working at PIMHS have contracts of employment through to the end of June 2015, which covered the funding period. The program was originally part of an $85 million five year federal and state government funded project. The options provided by HNELHD included ceasing treatment, referral to an NGO or referral to an existing service within HNELHD. Prior to PIMHS, a similar service – Assessment Care Evaluation (ACE) – supported mothers suffering from post-natal depression, teen mothers, mothers deemed high risk such as substance abusers and

A long running issue ... within the operating theatres (OT) at John Hunter Hospital resulted in the branch endorsing a resolution to commence work bans.

domestic violence victims. This service was closed by the Area Health Service in 2012 and had operated since 1995. HNELHD has offered nurses contracts of employment for two months duration within the Mental Health Service. The NSWNMA is seeking further advice regarding the cessation of the contract and the conditions of their employment.

John Hunter Hospital Dispute: In-charge of Shift Allowance Nurses within the Medical Imaging Department have won a dispute with management regarding payment of the in-charge of shift allowance for the Team Leader when the Nurse Manager is on site. Management had always paid the allowance when the Nurse Manager was off site or on site but away from the unit. Since the resolution of this matter, it appears that the same situation has arisen across a number of other medical imaging departments, with the Association dealing with these disputes as they arise.

Dispute: Operating Theatre ACORN 2008 Standards A long running issue of unreasonable workloads, poor staffing, chronic theatre list overruns, overtime and the nonrecruitment of permanent nursing staff within the operating theatres (OT) at John Hunter Hospital resulted in the branch endorsing a resolution to commence work bans. Those work bans included the cessation of all non-nursing related duties and included a ban on nurses processing a rebate form that would have impacted on the hospital recouping money for medical equipment and devices used within the OT. This dispute escalated to the Indus trial Relations Commission and while management was ordered to commence recruitment of seven FTE nursing positions that it had already been funded for but failed to recruit to, the branch argued that management were not interpreting and applying the ACORN 2008 Standards appropriately in their calculation for appropriate staffing of the OT. The IRC agreed

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Realigning Care Project The John Hunter Hospital executive has recommenced their Realigning Care project which was stalled late last year following the permanent appointment of a general manager.

we opted for bans that weren’t going to affect the patient journey. Suzanne McKay (with NSWNMA branch delegate at John Hunter Hospital, David Pfanner)

with the NSWNMA’s submission that we are entitled to seek clarification around JHH’s ACORN 2008 staffing level calculations and while the IRC did not order an independent review it recommended that JHH management cooperate with the NSWNMA and provide all relevant data to the NSWNMA in carrying out its own review. The NSWNMA commissioned a report that found the OT was approximately 30 FTE short of what would be required in order to meet the ACORN 2008 Standards. When this matter went back to the IRC, management would only agree to recruit an additional 4.66 FTE. All industrial remedies are being explored but a reasonable workloads dispute is ultimately the most likely option open to continue the efforts to improve the workplace. The NSWNMA acknowledges the com mitment of members within JHH Operating Theatres in pursuing this matter and Ms Kerry Rodgers from Nepean Hospital for the preparation of the Report.

The management structure put forward is for the current Service Management positions (graded as Nurse Manager Level 9) to be deleted and replaced with non-nursing positions. Management has also proposed that the Deputy Service Manager positions would be re-graded from NM Grade 5 to NM Grade 6.

Restructures Several restructures have taken place during the past year at John Hunter and John Hunter Children’s Hospital; • After Hours Nurse Manager, John Hunter This restructure resulted in a reduction of 2.2 FTE nursing posi tions, and aligned the afterhour’s coverage with Peer Group A hospitals across NSW. • Emergency Department, John Hunter The new structure was aimed at aligning it with other nursing depart ments within the hospital. • Clinical Governance Restructure, John Hunter Children’s Hospital A restructure aligning inpatient services and community child health services has seen the adoption of a co-director model between medical and nursing. The new structure will fall into three clinical streams of acute services, newborn services and ambulatory care services.

Reviews: Operating Theatres Coinciding with the dispute over the staffing levels in operating theatres, management notified the NSWNMA that it has commenced a review of its OT nursing management structure, stating that the review is to align its management to reflect the amalgamation of the John Hunter Hospital and Royal Newcastle Centre operating theatres.

Workplace Matters A number of workplace and workload

matters have been dealt with during the year, including: • Gloucester Soldiers Memorial Hospital To avoid the payment of overtime to operating theatre staff, mana gement changed the length of the shift from eight to ten hours. The NSWNMA requested the LHD revert back to the eight-hour shift until consultation had occurred, which management has agreed. • Maitland Hospital For the past 12 months the hospital’s General Manager directed all NUMs, NMs and the DoN to sit on the hospital’s reasonable workload committee, with the branch directed to find an employee representative from each ward and unit. In June, the General Manager stated she would abide (although not agreeing) with the branch’s request of nominating three em ployee representatives, however advising that secretarial support to the committee would be withdrawn. • Muswellbrook District Hospital The hospital received funding of $4 million from the 2012-13 NSW State Budget under the ‘Resources for Regions’ grants for the redevelopment of the emergency department. An ad ditional $2.5 million was donated by BHP Billiton for the redevelop ment and construction is expected to be completed by the end of 2014. The ED is being relocated to an area previously occupied by aged care residents, who are now being accommodated in the general ward area. Development of a new aged care facility by the Little Company of Mary for the town of Muswellbrook is yet to commence. The local action group MACHINE (Muswellbrook Aged Care and Hospi tal in a New Environment) continues the fight to secure a new hospital for the community. • Singleton District Hospital The NSWNMA wrote to management requesting consultation commence regarding the implementation of

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four-hour shifts in the ED, with the issue now being referred to the reasonable workload committee. • Tamworth Base Hospital After a period of NHPPD frequently not being met, the branch escalated the issue to the reasonable work load committee resulting in the notification of a grievance. At a meeting between NSWNMA and HNELHD representatives, manage ment acknowledged that NHPPD is a minimum for staffing and provided assurances of an improvement in meeting the NHPPD. The branch will monitor progress. Training has been well received by the reasonable workload committee for the hospital and Mental Health service. Additionally, the branch has been working with management to se cure improvements to workloads in the maternity ward. Following pro tracted but unproductive meetings, the branch resolved to limit patient admissions and cease performing regular cleaning duties on the labour ward. The LHD filed a dispute in the NSW IRC and the dispute meeting resulted in management agreeing to a range of improvements. These included: additional staffing (although some concerns regarding skill mix remain); developing an escalation plan with midwives and a process for the in-charge of shift to seek additional staffing, as needed; seek a review of BirthRate Plus from the Ministry of Health; address current staffing vacancies, with a monthly status report provided to the reasonable workload committee; finalise a plan for trained neo-natal RNs to work in the Special Care Nursery and to educate interested ENs and RNs regarding working the maternity ward; and, the Home Midwifery Service midwife will not be required to routinely attend elective caesareans. The routine cleaning of beds by maternity staff remains contentious and industrial negotiations continue

in this regard. Additionally, while concerns continue around skill mix issues, the branch has requested that an on-call roster for midwives be expanded.

Illawarra Shoalhaven Local Health District Local Health District The Association is aware of the recent completion of a District-wide CNC review. Members raised concerns related to recommendations arising from this review proposing that CNCs will be required to provide ongoing monthly reports on their performance related to domains and functions of the CNC role. The concerns are that not all domains and functions of the CNC are fulfilled in their role and members fear this could lead to a distorted view of their performance and downgrading of their position.

Mental Health Outsourcing of Services The Illawarra Shoalhaven Mental Health restructure is a result of the 2011 NSW Health Reform and the 2012 Independent Mental Health Review recommending a significant redesign of the current Mental Health Service to meet LHD governance requirements and to ensure the provision of a viable,

efficient and effective service to the community. A key component of the restructure is the establishment of a 20bed sub-acute unit on the grounds of Shoalhaven District Memorial Hospital. The LHD proposes to manage the unit for 12 months, with the intention of handing over the management of the unit to an NGO through a private-public partnership arrangement. Meetings with management have been held where concerns were raised about the Operational Manager role being dual graded and that both the Operational Manager and Senior Nurse Manager for the LHD not having operational control of any inpatient units. When the LHD advised the NSWNMA of their intention to advertise senior management positions without Association agreement, a disputes meeting was held on 9 May 2014. A resolution was not reached at this meeting and the LHD expressed their intention to implement the restructure as proposed. In view of the members’ grave concerns for patient and staff safety, the Association has requested the Chief Executive provide an immediate review of the admissions criteria in Shellharbour Hospital’s Eloura West unit prior to the commencement of a six-month trial of combining the management of Eloura East and West.

Following protracted but unproductive meetings, the branch resolved to limit patient admissions and cease performing regular cleaning duties on the labour ward. The LHD filed a dispute in the NSW IRC and the dispute meeting resulted in management agreeing to a range of improvements. . Report to 2014 Annual Conference | 35

Mid North Coast Local Health District Local Health District Utilisation of Casuals and Reduced Shift Lengths The LHD determined that all casual morning and evening shifts are to be seven hours or less: night duty would remain at ten or eight hours, whichever was applicable. If the NUM required a casual to work longer than seven hours, then approval must be sought from the DoN or after hours nurse manager. This change impacts on the workload of the existing staff on the shift and the ability to meet ratios/NHPPD. Members have been encouraged to refuse shorter shifts and pursue correct staffing through the reasonable workload committee.

Privatisation Port Macquarie Base Hospital – Expansion Project Port Macquarie Base Hospital has been undergoing an expansion and is now in the final months of construction. At a Staff Consultative Committee sub-committee meeting that deals specifically with the expansion process, it was revealed Cardiac Catheter lab will be put to tender. The hospital is considering either a public-private model or a private model, and only to remain in public hands as a fall back option. This decision was determined by the District Hospital Board. The NSWNMA has emphasised its objection to such a venture particularly in Port Macquarie where privatisation has been explored and failed. The Association has stated that no nurses and midwives should be disadvantaged by this proposal and expected that the promise of public health system employment should always be made available to nurses and midwives should the private model fail.

Workload Issues Coffs Harbour Community Health Community Health branches have been experiencing workload issues and

The NSWNMA has emphasised its objection to such a venture particularly in Port Macquarie where privatisation has been explored and failed.

have been working to achieve a review of staffing numbers. These workload matters are being compounded by the irregular backfill of staff during periods of leave.

Mental Health and Community Mental Health Workloads issues across mental health, both inpatient and community mental health, remains the most pressing issue, with the LHD under budgetary pressure and reluctant to increase staffing arrangements. The LHD has resisted backfilling annual leave relief in Community Mental Health and branches have been working through the reasonable workload committee which moved to a grievance for the LHD to comply with the Award.

about the lack of consultation and community engagement offered by the LHD and that many people would arrive at the hospital not knowing that emergencies could no longer be accommodated. The LHD believes that there will be no compromise with regard to care, as Port Macquarie Base Hospital is only a ‘10-minute drive away’. While it is the preference of the LHD to have at least one FLECC-trained nurse on shift, they are happy with advanced life support trained nurses; however, members are not happy with this suggestion as they lack training. A Staff Consultative Committee subcommittee has been established to specifically address these issues.

Murrumbidgee Local Health District

Workplace Matters

Albury Wodonga Health

Port Macquarie Base Hospital

Executive Restructure

Many wards at Port Macquarie Base Hos pital employ nurses on 12-hour shifts. The maternity unit NUM recently sought to move midwives to a 12-hour shift roster discovered that there is no entitlement to an ADO on a 12-hour roster.

Albury Wodonga Health completed an executive restructure with significant involvement from the NSWNMA branch. The restructure has streamlined services across both the Albury and Wodonga campuses which assisted with a reduction in duplication of reporting lines. The final draft was signed off by all parties in May 2014.

The NSWNMA held an information session with some of the NUMs and provided advice about rostering practices. A further education session with the NUMs will be held in due course.

Wauchope Urgent Care Centre At the end of March 2014, the LHD changed the ED at Wauchope District Hospital to an Urgent Care Centre; the new department is still under con struction. Nursing staff were concerned

Transmission of Services From 1 July 2014, approximately 200 em ployees from Albury Community Nursing, Albury Community Mental Health and Nolan House Inpatient Mental Health services transferred from Murrumbidgee Local Health District to Albury Wodonga Health. Local branches were involved

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throughout the process leading up to the transfer, however consultation from both the LHD and Albury Wodonga Health was poor, leaving many unaddressed issues, particularly in relation to service provision under the new employer. The branches, NSWNMA officers and Albury Wodonga Health are now working to address these outstanding matters.

Local Health District Financial Status Discussions held at the Joint Consultative Committee meetings in February and May 2014 revealed that the LHD is in significant financial difficulty. District management have explained that they are working with the Ministry of Health to resolve this situation and bring the budget back into line. The LHD has recently offered a Voluntary Redundancy program to employees in an effort to resolve the financial situation. Further, the Association has been advised that a Future Sustainability Taskforce has been established to: • develop a Strategic Clinical Health Service Plan; • support the development of modern models of care that align with current clinical service plans and funding arrangements, and, • provide ongoing support to staff and managers currently implementing actions to improve the efficiencies and effectiveness.

New Rostering Guidelines New rostering guidelines from the Rostering Centre for Excellence have been implemented across the Mur rumbidgee LHD. While staff have expressed mixed reactions to the new guidelines, many believe that it has merit because of the areawide consistent approach and some believe there are restrictive aspects in relation to individual requests. Many staff members are having difficulty in reducing their annual leave allocation to what the LHD considers to be a reasonable level given the minimum number of nurses available to cover staff on leave.

Albury Community Mental Health nurses

Workload Issues Albury Community Mental Health Members introduced work bans on all non-nursing duties to encourage management to address unreasonable workloads resulting from a lack of backfilling of planned leave. Following a week of poor response from mana gement, the branch increased the work bans and no longer attended meetings or completed data collection for their NGO partnerships. Subsequently, the branch, the NSWNMA and the LHD agreed to the branch’s solution of recruiting two vacant FTEs as permanent backfill positions. This will ensure that staff can take leave, and their caseloads will be managed in their absence.

Lockhart District Hospital The 16 bed Lockhart District Hospital has transitioned to a 20 bed MPS. Management has allocated an additional 10-hour RN shift and a six-hour AiN shift per day. While the branch and members are generally satisfied with the increased nursing hours, they have expressed concern that management has directed AiNs to undertake the laundering of long term aged care patients’ clothing instead of by a private contractor. The DoN has agreed to a three-month laundry trial that will be followed by a review. The long term aged care patients currently have their medications

provided by NSW Health, however these patients will be required to pay for their own medications following the transition to an MPS. The proposed medication and laundry arrangements at Lockhart appear to be different from other MPS sites with in the Murrumbidgee area, and the Association has raised these differences with the LHD DoNM who is investigating.

Nepean Blue Mountains Local Health District Local Health District Nepean Hospital Annual Leave Dispute In August 2013 the employer conducted an internal audit of annual leave en titlements of employees working in the Dialysis Unit following their transfer to the StaffLink Payroll system. The result of this audit found that some emplo yees were accruing six weeks annual leave when they should have been receiving four weeks per year. The employer commenced recovery proceedings in the form of adjusting employee balances or recovering mo nies paid if the excessive leave was taken over the previous six years. The employees affected had worked a maximum of one or two Sundays per year (around Christmas/New Year). The Award states that “Employees required to work on a seven day basis” accrue six weeks annual leave per year. The

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employer argued that these affected employees were predominantly Monday to Friday workers and as such only accrue four weeks annual leave per year. Association members contacted the NSWNMA and we disputed the employer’s audit by notifying a dispute under the Award’s Dispute Procedure. This included the ceasing of recovery action by HealthShare until a thorough investigation was made. Surprisingly, the employer filed a Dispute Notification with the NSW Industrial Relations Commission. This ultimately fast tracked forced dis cus sions between the Ministry of Health and the Association.

The result of this audit found that some employees were accruing six weeks annual leave when they should have been receiving four weeks per year.

The results of these discussions were: 1 From 29 November 2013 the affected employees will accrue FOUR weeks annual leave per year. 2 When affected employees are rostered to work on a Sunday they will be paid at overtime rates.

Review of Service Duplication

4 A confirmation letter outlining the agreement was to be sent to affected employees by the employer.

A review by PricewaterhouseCoopers of all NBMLHD non-inpatient services (apart from mental health) and Hawkes bury District Health Services was initiated by the LHD to look at public-private NGO service duplication. The re sults from this review will be made available to the Association when completed.

5 The employer filed a Notice of Discontinuance with the NSW Industrial Relations Commission.

Mental Health Outsourcing of Services

The resolution of this dispute with Nepean Hospital was not to be used as a precedent for any other disputes across the State. Each future dispute over annual leave accrual is to be addressed on its merits.

A tender for a trial mental health project has been completed to set up an adult Integrated Health Model to be provided by a private organisation/NGO. The service will be co-located with existing NBMLHD mental health services. The identity of the successful bidder has not been made public at this stage.

3 There will be no retrospective re covery of annual leave credits or monies paid for annual leave accrued prior to 29 November 2013. This was at the Minister’s direction.

Restructures A number of restructures were com pleted within the NBMLHD in 2013. The Nepean Hospital division restructure, the NBMLHD Community Health Nur sing Management restructure and the NBMLHD Mental Health Nursing Mana gement restructure. Staff Consultative Committees and reasonable workload committees were established in mental health and the community sector.

Northern NSW Local Health District Workplace Matters Lismore Adult Mental Health Services The LHD attempted to reduce staffing levels in the Lismore Adult Mental Health services to six NHPPD, treating it as a 40 bed unit rather than three

distinct units. The units comprise two 16 bed wards and an eight-bed High Dependency Unit. These attempts have highlighted the need to ensure properly funded mental health beds at Lismore Mental Health Service as there are no reportable specialist mental health beds further north than Newcastle.

Lismore Base Hospital In the interests of improving patient safety and flow, the Lismore Base Hospital initiated the ‘In Safe Hands Program’. This program consisted of having ward-based Junior Medical Officers (JMO) on each ward and in creased JMO hours rostered after hours and on weekends. This program also involved re-assigning ward specialties and a large number of nursing staff moved to each of these specialty areas. This has been a difficult process and the change created considerable uncertainty for staff. A review of the educational requirements for the new ward specialties is being further refined and an evaluation of the program will be undertaken at regular intervals.

Northern Sydney Local Health District Local Health District Mental Health Units – Introduction of AiNs The LHD has been consulting with branches on the proposed introduction of AiNs in Mental Health units. To date, members have agreed that a minimum of two RNs will be rostered before an AiN is rostered on a shift and mana gement has agreed to work with the branches to develop a shift by shift skill mix profile. Macquarie Hospital branch is actively consulting and negotiating with senior management.

South Eastern Sydney Local Health District Local Health District Outsourcing of Services In May 2014, SESLHD commenced outsourcing its Employee Assistance Program to a private provider.

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Workplace Matters Prince of Wales Hospital Campus Four beds from the Kiloh Mental Health Inpatient Unit have been transferred to the mental health ICU which is fully operational at 12 beds. Management is now seeking to reduce one nursing and one wardsperson position now that the Kiloh unit is reduced to 16 beds. A new organisational model with two streams has been agreed by the Clinical Council at the Royal Hospital for Women and it is likely that several senior nursing positions will be negatively affected.

St George and Sutherland Hospitals A restructure of the Diabetes service has been implemented across both the St George and Sutherland Hospitals with service alignment commencing at the end of May 2014. The change is to a centralised service model with no loss of nursing positions.

The Sutherland Hospital The Killara acute aged care unit has transitioned to a new unit and has implemented NHPPD/ratios after a three-month review of staffing.

South Western Sydney Local Health District Local Health District The LHD DoNM advised the NSWNMA that they will not be making budget cuts. The LHD received growth funding and therefore intends to continue making enhancements to meet the needs of the community. Their proposal included approximately 15 new CNS 2 positions in special project positions as well as additional CNEs for mental health.

independent review of community health services. The LHD advised the purpose of the review is to inform discussion on how the LHD should structure and deliver effective, efficient and quality care for the community. Consultations across community health services are now complete and the branches and Unions await a draft proposal to consider. However, it is clear that some services will no longer be provided by the health service and will instead be directed to the non-government sector.

The [south western sydney] LHD received growth funding and therefore intends to continue making enhancements to meet the needs of the community. Their proposal included approximately 15 new CNS 2 positions in special project positions as well as additional CNEs for mental health.

Workload Matters St George Hospital General workload issues remain on acute wards and the NSWNMA and branch have been working extensively to educate members on the reasonable workload committee and its role in resolving problems.

The Sutherland Hospital RNs on night duty in the inpatient mental health unit are being requested to attend to comprehensive mental health assessments of ED patients who present with mental health issues. This service was previously provided by the Mental Health Acute Care Assessment Team on an on-call basis. Branch members are addressing these issues under Clause 53, Staffing Arrangements of the Public Health System Nurses’ and Midwives’ (State) Award.

The DoNM also advised that facilities are actively recruiting to expand their casual pools, across all classifications. The LHD’s Registered Training Organisation had recently graduated AiNs and the DoNM is encouraging them to be employed, particularly those who will be enrolling in the LHD’s enrolled nurse program. The NSWNMA reported the concerns of some members regarding skill mix where AiNs are being employed. The DoNM assured the Association that AiNs will only be employed where clinically appropriate; this will be followed up with members and branches.

Community Health Review & Outsourcing of Services SWSLHD advised they had com mis sioned Pricewaterhouse Coopers and Mick Reid Associates to conduct an

Outsourcing of Services – Women’s Health Team While limited feedback has been received, members at Rosemeadow Community Health are deeply concerned at the proposal for the Women’s Health team to be dissolved and services outsourced to an NGO. Members are collating their response and have raised concerns with local management. Meetings are being arranged for members and management to work through their issues.

Mental Health Clinical Safety and Workloads Members from sites across the District have raised significant issues related to clinical safety and workloads as well as WHS concerns. The issues include a lack of understanding from

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management in their application of NHPPD, inappropriate directions from management with regard to domestic duties and searches of patients and their rooms (in inpatient units). There is also a lack of protocols and procedures to guide administration of depot medications which is concerning for members as the drugs involved have significant potential for side effects and require precise management. However, there does not appear to be appropriate, consistent policy, which has been developed and approved by pharmacy, across the LHD, to guide the process for administration of these drugs. Nurses in inpatient units are also being directed to administer depot medications to non-admitted patients without proper processes in place. The NSWNMA raised these issues with LHD management who agreed that the concerns are significant and have re quest ed specific information from the NSWNMA in order to address the concerns.

Separation of Mental Health Services Mental Health structures are currently being worked through for the separation of services between two LHDs – Sydney and South Western Sydney. The members and the NSWNMA have been advised verbally that there are no reductions in frontline services and this separation will entail a complete LHD management structure being created. At this time the LHD has not provided any formal correspondence, however the NSWNMA has made it very clear that there must be an appropriate substantive nursing structure for members working in mental health services.

Workload Matters Fairfield Hospital The branch and members put in place work bans because of their frustration regarding the lack of support and clerical staff across a number of wards and units. The branch resolved to support a practice whereby nurses on shift make a decision about what clerical duties would be carried out or not, depending on workloads. At this time there has been no further correspondence from the LHD and the work bans remain in place. Members have been working through the process of not opening surge beds because of the lack of appropriate qualified staff, however management are seeking to meet with the branch and the NSWNMA.

Southern NSW Local Health District Local Health District Restructures – Proposed Care Navigator Roles The Aged Care Service Emergency Team (ASET) and Acute to Aged Related Care Services (AARC) and Care Coordinator roles are being restructured to a uni versal management model of ‘Care Navigators’ with a reduced FTE and being dual graded. The NSWNMA and the LHD are currently in a consultation phase and formal feedback regarding this proposal has been provided. Members in these positions and branches in SNSWLHD overwhelmingly oppose this proposal, yet the LHD intends to progress with this despite this opposition. The status quo continues whilst the Association awaits finalised proposal documents.

A greenfields agreement was successfully negotiated, as well as a significant number of transitional arrangements allowing nurses, who are relocating from Royal Prince Alfred Hospital, to transfer leave and other entitlements.

Introduction of AiNs Assistants in Nursing (AiN) have been introduced at multiple sites across SNSWLHD. This has been carried out in consultation with NSWNMA members with varying degrees of support. Members remain concerned about the introduction of AiNs in clinically inappropriate areas, and in these circumstances, the LHD has agreed to introduce AiNs as a trial with a formal review that will consider permanent implementation.

Workplace Matters Delegate MPS The ED in this MPS has not been utilised adequately for some years due to a decrease in resources and exposure and currently has 300 presentations per year, 90% of which are low acuity category 4 and 5 patients. The LHD is currently consulting with the local community regarding the ongoing viability and safety of this service in its current form. NSWNMA members agree that a change to the service is needed and they support the proposed clinic model of care, or the retraining of staff to utilise Telehealth technologies.

Sydney Local Health District Chris O’Brien Lifehouse at RPA The Chris O’Brien Lifehouse opened in November 2013. It is a private not for profit organisation which is contracted to provide cancer services to both public and private patients, through an agreement with Sydney Local Health District. A greenfields agreement was successfully negotiated (essentially mirroring the Public Health System Award), as well as a significant number of transitional arrangements allowing nurses, who are relocating from Royal Prince Alfred Hospital, to transfer leave and other entitlements. This was a significant shift from the original position of Lifehouse, that there would be no transfer provisions available. The strength of the Royal Prince Alfred Hospital branch was paramount in these negotiations. Currently outpatient services are provided by Lifehouse, however inpatient units, including

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Nurses across the Western NSW LHD protested against the proposed cuts. Clockwise from top: Nyngan branch, Coonabarabran branch and Gilgandra branch.

operating theatres and intensive care, are due to transfer in 2015. Lifehouse members are currently setting up a NSWNMA branch, in order to better organise around local issues which have presented, including workloads, and provide input into bargaining for a new enterprise agreement as the current agreement expires in September 2014.

Western NSW Local Health District Local Health District Realignment of Services In late 2013, Western NSWLHD announced the decision to realign services across the District. The consultation document Staff reviews and staff establishments – Industrial Consultation Paper November 2013 involved 21 of the smaller hospitals and MPSs, with a view to address the excessive budget deficit across the District by looking to change the models of care at these sites. The consultation document reported a number of sites were overstaffed compared to their occupancy levels and ED presentations and as a result, those sites would expect a reduction in their staffing requirements with any excess staff deployed to other areas such as,

it involved 21 of the smaller hospitals and MPSs, with a view to address the excessive budget deficit across the District by looking to change the models of care at these sites.

Community Health. In November 2013, the LHD management embarked on a ‘road show’ to the affected sites to sell their proposal.

hospital DoNs taking on responsibility for community health. Negotiations continue regarding the final outcome of the restructure.

In spite of consultation with the Association and feedback from the sites around their workloads and patient acuity, the LHD moved ahead with the proposal and is looking to manage the changes in groups of six to eight facilities at a time. The NSWNMA continues to work with members to try and achieve the best outcome for both patients and staff during this process.

Underpayment of Allowances

Community Health There has been a significant restructure in community health proceeding throughout the year. While it remains unfinished, the main focus has been on aligning community health under the acute hospitals within the LHD, with

The Association was notified by mem bers working at Bloomfield Hospital that they were not receiving the shoe allowance. When the Association raised this issue with the LHD, it became apparent that there were a number of issues with the payment of allowances across the District. The Association worked with the LHD to rectify the issue and assisted 30 members with obtaining the shoe allowance and the appropriate back pay. As this issue has now been addressed by the LHD, members who believe they are not being paid the correct allowances should contact their human resources office.

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As a result of a breakdown in the consultation process, the branch voted to take strike action for 24-hours in early December. The community also became involved and a large community forum was held. Bathurst Hospital strike

Mental Health Dubbo Mental Health Unit In late 2013, the LHD reduced nursing staff levels by eight hours per day because of reduced occupancy levels across an acute adult mental health area (12 beds) and a High Dependency Unit (six beds). Management also advised that the Mental Health service did not include the High Dependency Unit and therefore the staffing levels exceeded the allocated six NHPPD, justifying a further reduction in staffing. In February 2014, the LHD made further reductions, again for low occupancy and ‘overstaffing’ and also attempted to remove ten hour night duty shifts and revert to eight hour shifts. No account had been made for patient acuity, geographical layout of the unit or skill mix. The Association notified a dispute which resulted in an agreement to an internal review of the service. The review recommendations in the main were rejected by the Dubbo Base Hospital branch and further consultation and clarification was requested. This is yet to occur. In an environment of continued cuts to nurse staffing levels, significant vacancies, a management unable to address concerns and an influx of patients requiring more nursing hours than the LHD were providing, members took decisive action. The branch met on 16 June 2014 and

resolved to close the six High Dependency Unit (HDU) beds at Dubbo Base Hospital from 5pm Monday 16 June 2014. This was a difficult position for members to take and was not easy to implement. Management did not notify a dispute and following several meetings and branch meetings, management finally developed a response that allowed the branch to reopen the HDU beds. This included: • capping acute adult inpatient beds to eight, closing four, while maintaining a roster of 4:4:3 nurses over day, evening and night shifts; • a consultation process over the next three months with numerous key stakeholders in order to review the mental health services at this facility; • employing agency nurses; • recruiting to vacant management po sitions and offering permanent parttime staff more hours plus offering permanency to casual nurses. Management committed to maintain staffing levels and capped beds for a period of 12 weeks whilst the review takes place. The branch and members will be involved in this process.

Workplace Matters Bathurst Base Hospital During 2013, management of Bathurst Base Hospital advised the NSWNMA of their decision to reduce services and nursing staff levels across the facility, due to financial difficulties.

This reduction would have resulted in the loss of a number of medical, rehabilitation and ICU/HDU beds and around 15 FTE nursing positions. As a result of a breakdown in the con sultation process, the branch voted to take strike action for 24-hours in early December. The community also became involved and a large community forum was held. Following the forum, the LHD facilitated the undertaking of an external review of the site – with the recommendations being the requirement for an increase in services and the maintenance of safe staffing levels. Importantly, the review raised concerns around bed closures in the context of a fixed price cleaning contract. This resulted in increased costs per patient admission and contributed to the inefficiency of Bathurst Hospital. Members are currently working with hospital management to implement review recommendations. Recently members also became aware that they were not being paid the shoe allowance in line with Award entitlements. The branch consulted NSWNMA representatives who then wrote to management requesting that an audit of all staff who had not received a shoe allowance be undertaken. This resulted in the shoe allowance being put in place and six years back pay in excess of $150,000 being paid to those affected.

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Bathurst Base Hospital nurses held a 24-hour strike followed by work bans to defend local health services.

Western Sydney Local Health District Mental Health Local Health District Mental Health Services Jarrah, a rehabilitation unit at Cumberland Hospital, closed prior to Christmas 2013. The LHD mental health services were significantly affected with $3.2 million transferring to Nepean Blue Mountains LHD after the services separated. Increased activity and funding for sub-acute services has meant a new sub-acute unit is due to open at Blacktown in 2014. Branches are taking an active role in ensuring that these changes do not have detrimental effects on the services provided throughout the LHD.

Cumberland Hospital / Mental Health Service The LHD reversed a decision in late 2013 to enforce staff movements across the district mental health services, including Blacktown, Westmead and Cumberland. The Association was informed by members of the Blacktown Branch in late December 2013 that numerous staff were expected to change work locations as of 6 January, 2014. The Blacktown Branch had not been consulted about these movements, and the Association had received no notification that they were to occur.

After meeting with management and with the branch endorsing a resolution calling for proper consultation, a dispute was notified in order to maintain the status quo. The decision was reversed due to pressure from members and a system of expressions of interest was implemented to enable movement between units.

Workload Issues Blacktown Hospital Serious staffing issues surfaced at Blacktown Hospital in early 2014 due to significant budget shortfalls across the LHD. The DoN provided verbal advice in early April 2014 that the first sick leave or shortfall on each shift would not be replaced across the hospital. Additionally, CNEs and CNCs were to be used to cover vacant shifts. After a process of data collection on NHPPD wards, the branch met in early May 2014 to determine a course of action.

The issue was referred to the reason able workload committee however management representatives refused to negotiate constructively. After it became clear that the hospital was nearly 800 hours short across four weeks in just five nursing hours wards, the branch resolved that bed closures would need to occur to ensure patient safety. Management was given 48-hours to resolve the issue and reinstate replacement of sick leave and shortfalls, before the branch closed beds on each of the nursing hours’ wards. This action was averted when management instead chose to close eight beds at the hospital and also promised to replace unplanned leave and cease the practice of using CNCs and CNEs in direct care roles. The action by members forced management to reconsider their posi tion, and provide adequate and safe staffing for the hospital.

after it became clear that The hospital was nearly 800 hours short across four weeks in just five nursing hours wards, the branch resolved that bed closures would need to occur to ensure patient safety. Report to 2014 Annual Conference | 43

Specialty Networks and ADHC

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Sydney Children’s Hospital Network There were protracted negotiations bet ween Sydney Children’s Hospital Rand wick and the Children’s Hospital at Westmead where Education Ser vices were amalgamated into one service. The Royal Alexandra Hospi tal for Children and Sydney Children’s Hospital branches worked closely to ensure an outcome where nursing services were covered with the appropriate substantive positions.

Justice Health and Forensic Mental Health Network

This process is conceptually separate to the privatisation of ADHC services as a result of the NDIS, however, in practice these processes will lead one into the other or intersect.

Removal of Paid Meal Break The Association was notified by Justice Health on 13 November 2013 of their intention to remove paid meal breaks from staff at all facilities across the service. This decision was in addition to the removal of paid meal breaks from the Forensic Hospital in April 2013. The Association argued for the reten tion of this entitlement in the Industrial Relations Commission (IRC); however the IRC supported the decision of Justice Health to remove the paid meal break. While this move is not surprising, it is disappointing. The result for members is that each shift will be extended by 30 minutes to allow for an unpaid meal break. The Association commenced the consul tative process with Justice Health mana gement and members in an attempt to achieve a satisfactory im plementation. Members requested that the Chief Exe cutive reconsider and withdraw the proposal, to no avail. The removal of the paid meal break was implemented across Justice Health on 24 March 2014, and the Association has been working with members to address concerns over workloads, the taking of breaks and other matters.

Sydney Sobering Up Centre The Sydney Sobering Up Centre opened in July 2013 (every Friday and Saturday night) for a twelve month trial period. This Trial represents a new working relationship for Justice Health nurses who will work directly with police under the Intoxicated Persons (Sobering Up Centres Trial) Act 2013. The program is across the portfolios of Health, Family and Community Services and Police. The Association attended a workplace inspection to gain more information about the system of work and to eva luate the design and safety of the Court cell area where nurses would work. The workplace work area has adequate access and egress and there is fixed and personal duress equipment available. Overall the system works well and to date no adverse incidents have been

reported. Feedback suggests that nurses are admitting only a small number of intoxicated persons on each of the two nights the Court cells are open, with media reports confirming this. At the end of the trial period, consultation with staff will be undertaken and a report provided.

St Vincent’s Health Network St Vincent’s Hospital, Darlinghurst When it separated from the SESLHD, St Vincent’s Hospital retained the majority of CNCs resulting in a high proportion of CNCs to bed base. With service changes and new models of nursing (for example, the under-utilisation of the HIV CNC as more patients are readily treated in the outpatient and GP settings) the need for a review became necessary. A restructure is underway with current consultation open around the deletion of several positions; the branch is working with members to ascertain the impact on the health service, with concerns over at least three of these positions.

Ageing, Disability and Home Care Large Residential Centres ADHC has commenced a process of transitioning from Large Residential Centres to new group homes. This current ly affects Riverside, Metro Resi dences and Hunter Residences. The NSW government cites improved quality of life for residents and im proved access to the community as the reasons for this redevelopment. The Association is part of working parties with ADHC and other unions to manage the industrial aspects of this transition. This process is conceptually separate to the privatisation of ADHC services as a result of the NDIS, however, in practice these processes will lead one into the other or intersect.

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Branch Official and Activists Training (BOAT)

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2014 has seen the introduction of a new training program for branch officials and member/activists. To date BOAT has had approximately 270 attendees with some coming to more than one session. The program this year includes:

BOAT One – Branch Essentials This two day course aims to provide branch officials, members and activists with the skills and knowledge needed to be an effective branch member. The most effective unions are those that have active workplace representatives. By attending this course, whether as a branch official or an active branch member, it is envisaged the course will endow attendees with the skills and knowledge needed to deal with the issues in their workplace. To date approximately 68 members have attended BOAT One. All of the par ticipants have said they either Agree or Strongly Agree that the course has increased their confidence in being an active member of the Association and

BOAT 1: Most Useful Topics Roles of BO Meeting Attendance Branch meetings Write a Resolution Statistics (Aus Wealth) History Recruiting/ 1:1 Negotiation Training Union Structure Concepts Union Power Mapping Disputes Clause Reading Award/ Learning from peers TPP Info Getting Aims/ goals Role plays Chairing a metting Networking Industry relevance Brain Storming Support available All of it/ everything Skills to help members Political climate & budget The purpose of unions Dealing with issues Rights at Work Resources/ workbooks Sharing Experiences Why we need to organise

that the course addressed their needs as a branch official. BOAT One will be conducted again in August and October of this year.

BOAT Two – Winning at Work and in Your Community This course is aimed at members who are ready to ‘take it up a notch’. Such as tackling a long standing issue in the workplace that needs a bigger campaign, perhaps the branch is involved in state-wide issues or perhaps skills are needed to be developed by members in order to campaign in their community. This two day course explores how change is achieved and how to encourage decision makers to make the right choice for local communities. Skill development in lobbying Members of Parliament and working with the media are a part of this course. This course was held in July, and will be held again in September and November.

Building Community Support This half day course is geared to give members the skills they need to get the rest of their local community behind them, such as, seeing a campaign where local community groups are speaking out in support of their local health care service. Future workshops can be organised by speaking with your NSWNMA Organiser.

Organising Around Bargaining The Association was successful in apply ing for a grant from the Federal Department of Employment through The Union Education Foundation (TUEF). This TUEF funding is for one year and allows for innovative program development around the Federal Fair Work Act. The course is therefore specifically tailored to meet the needs of members who work in the Aged Care and Private sectors.

This course will help members understand how Federal Workplace Agreements are formed, and at the role of the employer, the union and members in improving pay and conditions. However, due to a lack of enrolments the Association is looking at how we can re-design the content delivery.

To date BOAT has had approximately 270 attendees with some coming to more than one session.

Health Care and the Economy This one day course was held on the 26 June and took an in-depth look at health care funding from a national and international perspective. With a guest speaker, political economist Ben Spies-Butcher, the course challenged the increasing claims that health care, as it currently exists, is unsustainable. We looked at the links between local hospital funding and staffing, free trade agreements and health care and the need for a Robin Hood tax here in Australia. A podcast of Ben SpiesButcher’s presentation will be available to members on the NSWNMA website.

New Delegates Orientation This course, which is run prior to Committee of Delegates, remains popular for new delegates. The course looks at how the democracy of the Association works, how resolutions are formed and the delegate’s role within this process. To date, 35 new and returning delegates have attended in 2014. The course will run again prior to the September CoD. Delegates who have not attended are encouraged to do so. The BOAT program also includes three short sessions delivered in the workplace on the following topics: • Safe Staffing: The Staffing Arrange ments Clause (59 members having attended to date) • Effective Reasonable Workload Com mittees (37 members having attended to date) • Rostering within the Award (32 NUMs /NM having attended to date).

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Private Hospitals

Nurses and midwives from the Sydney Adventist Hospital held a public protest for the first time in the hospitalâ&#x20AC;&#x2122;s 110-year history to push for a better agreement.

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Private Hospital Bargaining

In late August, member meetings con sidered and endorsed the outcome of the negotiations. Improvements include:

The table below shows a summary of the outcomes achieved in Agreements finalised since June last year for private hospitals in NSW.

• 6.5% increase to wages over two years (inclusive of 0.25% super annuation per year); • parental leave entitlement paid in full at the commencement of leave;

Bargaining Campaigns

• changes to compulsory mandatory training clause to include paid manda tory training to cover specific employer and role specific competencies;

Adventist Health Care Limited (AHCL) After months of negotiations with Adven tist representatives, members became increasingly frustrated with the low pay offer on the table, the threat to withdraw salary sacrificing provisions and the rejection of the claim for support and paid time for compulsory professional development. In late June 2013, members voted to launch a community campaign called Value Our Work. The campaign featured media coverage in local newspapers, an online petition and posters around the workplace and culmi nated in a public rally outside the hospital. Over 200 Adventist nurses and midwives participated in the action. Later that day AHCL made contact with the NSWNMA and negotiations resumed. Subsequently the Association’s pro posals for a salary sacrifice clause and amended mandatory training clauses were agreed.

• increase for the ADoN rate of pay; and • protection of the 100% tax benefit for Salary Packaging stated in the Agreement.

Over 200 Adventist nurses and midwives participated in the action. Later that day AHCL made contact with the NSWNMA and negotiations resumed.

Private Hospital Bargaining Table Employer

Facilities

Wage outcomes

New Agreements completed from 1/6/13 to 18/6/14 Adventist HealthCare Limited

31 months – 2.25%, 3%

Day Procedures Australia (DPA)

22 months – 2.5%, 2%

Healthe Care Australia Pty Ltd

42 months – 2.75%, 2.75%, 3%, 3.25%

Pulse Health Ltd – Bega Valley Private Hospital

23 months – 4%, 2%

Pulse Health Ltd – Westmead Rehabilitation Private Hospital

22 months – 5.07%, 3.15%

Sonari Pty Ltd

22 months – 3.25%, 3.25%

Wesley Mission

34 months – 3%, 3%, 3%

Over the course of the campaign the Association recruited a high number of new members. The Agreement was approved by the Fair Work Commission in November 2013.

East Sydney Private Hospital The recently opened East Sydney Private Hospital in Woolloomooloo approached the NSWNMA in November 2013 to negotiate an Enterprise Agreement for their nursing staff. The outcome is an Agreement containing similar conditions to the St Vincent’s Private Hospital Enterprise Agreement. The Association recommended the negotiated Agreement to nurses. It was subject to a successful vote in January and subsequently approved by the Fair Work Commission. The hospital intends to employ up to 30 FTE nurses during 2014.

Evolution Healthcare Evolution Health, the owners of the new South Coast Private Hospital and Shellharbour Private Hospital, has effectively slowed the negotiation of agreements. Shellharbour Private Hospital’s current Enterprise Agreement nominally expired on 25 May 2014, and there is no agreement in place for the newly opened South Coast Private. Currently, staff at the South Coast Private Hospital are employed under the Nurses’ Award 2010 with ‘over award’ wage rates. The Association has sought

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feedback from members about what they want in a new agreement. Members at both private hospitals de monstrated their support for the nego tiation of Enterprise Agreements by organising a petition. As a result of this pressure from members, Evolution Health care has now stated that they will issue a notice of employee repre sentational rights for both facilities. This is the formal agreement to negotiate Enterprise Agreements.

Westmead Rehabilitation Hospital nurses.

Management have stated they wish to negotiate one agreement for the two fa cilities, although this position may change.

Healthe Care Australia Pty Ltd A new Enterprise Agreement for Healthe Care was negotiated, endorsed by staff and approved by the Fair Work Commission earlier this year. The Agreement, which will expire in September 2017, covers existing Healthe Care private hospitals and the more recently acquired Mayo and Hurstville Private Hospitals. The Agreement provides the following pay increases: 1 April 2014: 2.75% (all hospitals except Mayo and Hurstville)

nurses’ wages at Westmead were the lowest of all Pulse Health facilities and 20% below nurses at other private hospitals.

• entitlement to Continuing Education Allowances from 1 July 2014 for Hurstville Private nurses;

1 April 2017: 3.25%

• shoes, socks and stockings allowan ces replaced by one allowance (foot wear allowance); the new allowance is worth slightly more than the combination of the shoes, socks and stockings allowance;

Other improvements in the Agreement include:

• access to long service leave after seven years, rather than ten years (as in the previous Agreement);

1 July 2014:

2.75% for Mayo and close to 6% for Hurstville

1 April 2015: 3.00% 1 April 2016: 3.00%

• introduction of EN Special Grade positions; • strengthened meal break provisions which reinforce the need for nurses to have a meal break after five hours;

• strengthened staffing levels provisions that make collaborative dis cussions on workloads a required element in regular unit/ward meetings; • introduction of one week’s paid pa ternity leave; and

• access of up to three days professional development/conference leave and up to three days examination leave per year (on approval of employer);

Pulse Health

• on-call rates significantly increased on public holidays over Christmas and Easter periods and the mini mum period of work reduced to reflect the impact of working on such days and the pattern of sharing ‘on calls’ during these periods;

Negotiations for an Enterprise Agreement for nurses at Westmead Rehabilitation Hospital (owned by Pulse Health Ltd) commenced in September 2013. Pay was identified as nurses’ most important issue – nurses’ wages at Westmead were the lowest of all Pulse

• additional paid parental leave for Hurstville Private Hospital nurses.

Health facilities and 20% below nurses at other private hospitals. Pulse members did not accept an initial low wages offer from their employer. The offer was improved by Pulse on two further occasions; however, members were not satisfied with these offers. They held a community rally in Novem ber 2013 and subsequently decided to take industrial action if Pulse did not improve their wages offer. The Association’s application for protected industrial action was approved by the Fair Work Commission in December 2013; however, the protected action ballot was not successful. Members then proposed a counter offer to Pulse. Members would trade a week’s annual leave for additional wages. Prior to this, shift workers received six weeks and others received five weeks annual leave per year. Pulse accepted this counter offer. The Agreement provides wage increases of 5.07% on approval, 3.15% eight months from approval, and 3.15% 16 months from approval, with the Agreement to operate for two years.

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Other improvements include an increase to the casual loading, annual review of part-time hours, casual conversion, improved minimum engagement for part-time employees and a continuing education allowance. The Agreement was approved by the Fair Work Commission in May 2014.

St Vincent’s Private Hospital, Darlinghurst In preparation for a new Enterprise Agreement for St Vincent’s Private, nurses identified the issues as a fair pay increase and the resolution of ongoing payroll issues. Following a substandard pay offer and no movement on payroll issues, a majority of nurses signed a petition calling for an improved offer. This created a shift in negotiations and management increased the wages offer and shifted on a number of other claims. Members were happy with the im provements and the Agreement was subsequently put to a successful staff vote and approved by the Fair Work Commission. The new Agreement provides for wage increases of 8.75% over three years, which will see St Vincent’s nurses paid more than their public health system counterparts from January 2015. Additionally, a com mittee will be established to address ongoing payroll problems.

Wesley Mission Private Hospital In October 2013, the NSWNMA com menced negotiations for the Wesley Mission Hospitals and NSWNMA/ ANMF Enterprise Agreement 20132016. Negotiations were fairly straight forward and the employer did not seek reductions to the current conditions. The improvements negotiated included: • 9% wage increases over three years; • new ‘Nurse Specialist’ classifications based on the Public Health System Award; • Continuing Educational Allowance – inclusion of a Certificate IV allowance for mental health-related courses and Associate Diploma; • time off in lieu of overtime to accrue at the rate overtime is paid; and • improvements to the current workload management clause, that includes workload management as an agenda item for discussions at quarterly staff meetings. The Agreement was overwhelmingly approved by members in December 2013 and by the Fair Work Commission in late January 2014.

Workplace Matters Adventist Healthcare Limited Sydney Adventist Hospital Following a successful bargaining cam paign for significant changes to the CNS 1 renewal process, members and branch officials developed a proposal that was accepted by management. The proposal substantially reduced the renewal process to reflect similarities to that of the Public Health System with the intention that the new process will be formalised in the next enterprise agreement.

St Vincent’s and Mater Health Sydney Limited Mater Misericordiae Private Hospital Members have opposed a new payroll system that shifts responsibility for a large amount of data entry to the NUMs. A resolution rejecting the new payroll system has been submitted to management and the attendance numbers at branch meetings reflect the members’ preparedness to escalate the issue.

The new Agreement provides for wage increases of 8.75% over three years, which will see St Vincent’s nurses paid more than their public health system counterparts from January 2015.

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Aged Care Sector

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risks to NSW Public Health Act 2010 In NSW, the Public Health Act (2010) defines a nursing home and sets out re quirements for staffing by a regis tered nurse at all times, and for the appointment of a director of nursing in a nursing home. The definitions that underpin these staffing requirements refer to the Federal Aged Care Act, and this Act has been reformed, leaving the NSW legislation at risk. Unless the NSW government acts to transfer these staffing requirements into new state legislation, these important protections will be lost. The Association has actively lobbied that, as a minimum, the current staffing requirements should be maintained in NSW. Industry peak bodies have been lobbying for less regulation, and prefer that staffing matters are removed from legislation, on the basis of ‘increased flexibility’. The Association has multiple examples of ‘flexibility’ being claimed as registered nurse cover and overall skill mix and staffing numbers are reduced, at the same time as a rise in the acuity of residents and their associated funding levels. Poorer staffing and skill mix can contribute to admission rates to hospital when aged care residents are unable to receive a suitable level of nursing care on site. Older people stay longer and fare worse in hospital than others and preventable admissions are a cost shifting of care between federal (aged care homes) and state (hospitals). The decision about required staffing by registered nurses and directors of nursing is in the hands of the NSW government as it decides whether to continue its commitment at a state level, or relinquish. However, the NSWNMA received correspondence from the Hon Jillian Skinner, Minister for Health in June notifying that the current arrangements for registered nurse coverage will continue for another 18 months while the Ministry conducts a more in depth consultation.

Quality Aged Care Action Group Inc (QACAG) The Metropolitan group has continued to meet every second month except for one cancelled meeting due to the

QACAG members

For several years QACAG was highly active in supporting the activities of the Because We Care campaign and was active in contributing consumer input to the multiple stages of the Caring for Older Australians Inquiry.

lack of a quorum. The Annual General Meeting and end of year celebration was held in December 2013. Overall, the attendance numbers at meetings have been lower than recent years. The group has members across the state and many are unable to attend meetings due to distance, transport difficulties, work or caring responsibilities, or presence of illness, disability or frailty. In addition to these practicalities, there appears to be less clarity about where to focus activities and what issues to target. For several years QACAG was highly active in supporting the activities of the Because We Care campaign and was active in contributing consumer input to the multiple stages of the Caring for Older Australians Inquiry. This work culminated with

the announcement of the Living Longer Living Better reforms, and a subsequent change of Federal Government. The recent lull in activity reflects the aged care sector overall, as many stakeholders adjust to the staged implementation of the reforms, and come to grips with the new federal government’s very low profile in aged care. QACAG is in the process of conducting a membership survey to gain a better understanding of members’ skill base and interests, their preferred modes of involvement and recommendations for priorities to work on.

Aged Care Bargaining The table on the next page shows a summary of the outcomes achieved in Agreements finalised in the last year in Aged Care in NSW.

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Aged Care Bargaining Table Employer

Facilities

Wage outcomes

New Agreements completed from 1/6/13 to 18/6/14 Australian Unity

44 months – 2%, 1.7%, 1%, 1.7%, 1%

Baldwin Care Pty Ltd

22 months – 7%, 3%

31 months – 2%, 1.75%, 2%, 2%, 2%, 1.75%

Catholic Healthcare Limited

9 months – 2%, 2%

Christadelphian Homes Limited

30 months – 2.5%, 2.5%, 2.5%

Cranbrook Care Group

36 months – varies, 2.6% 2.6%

Farad Nominees Pty Ltd

29 months – 3%, 3%

Hardi Nursing Home Management Pty Ltd

18 months – 0.5% -1.72%, 0.42%-3.51%

Kenna Investments Pty Ltd

36 months – 5%, 3%, 3%

Little Company of Mary Healthcare Limited

30 months – 3%, 3%, 3%

Mary Potter Nursing Home & the Ethel Forrest Day Centre

33 months – 3%, 3%, 3%

McKenzie Aged Care Group

30 months – 2.8%, 2.8%, 2.8%

Mercy Health & Aged Care Group

14 months – 4%-7%, 3%-4%, 3%-4%

North Sydney Retirement Trust

44 months – 3.8%, 1.8%, 2.8%, 2.8%

33 months – 3.75%, 3.75%, 3-3.75%

Pathways Aged Care Pty Ltd

21 months – 3%, 3%

Regis Aged Care Pty Ltd

20 months – 2.25%, 2.25%

Roseneath Aged Care Centre Pty Ltd

20 months – 3%. 3%

RSL Care QLD

21 months – 2.6%, 2.6%

Siena Management Services Pty Ltd

26 months – 2%, 3%, 3%

28 months – 3%, 3%, 3%

St Joseph’s Village Limited

9 months – 2%, 2%

UnitingCare Queensland (Blue Care)

25 months – 1.5%, 1.5%, 2%, 1%, 2%, 1%

Wesley Mission

30 months – 2.9%, 2.75%

Bupa Care Services Pty Limited

Opal Specialist Aged Care (was DPG)

Southern Cross Care (NSW) Inc

Bargaining Campaigns ‘ACS Template’ Agreement Renegotiation The ACS template agreement, which co vers nurses working for more than 100 religious, charitable and ‘not for profit’ aged care employers is being renegotiated. The wages and conditions claim, deve loped through a survey of members as well as through feedback received from members at workplace visits, was endorsed by the Bargaining Organising Committee (BOC) at a meeting in May and served on ACS shortly after.

After a number of negotiation meetings between the NSWNMA, the HSU and ACS, the employer representatives made the following formal offer: • Wage Increases: n 3% increase to apply seven days after approval of the Agreement n 2.9% increase from 1 July 2015 n 3% increase from 1 July 2016 • Minimum shift length increased to three hours for part-time employees, excluding training, disciplinary and staff meetings; • One day per annum paid emergency leave;

• Provision for long service leave at half pay/double the time at the request of employee; • Variation to the workloads clause so that the parties aim to agree on reasonable times for responses; • Additional wording to be included in the agreement committing the em ployer to the principles of natural jus tice in all dealings with employees that may lead to a disciplinary outcome; • Clarification that an employee under taking required e-learning, whether at the workplace or at home, will be paid at ordinary time for the period of training;

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• Proposed changes to the EN structure: n Removal of the lower increments in the EN (with notation) classi fication structure so that all ENs (with notation) are paid at the thereafter rate n Removal of the (a) and (b) levels in the EN structure n Introduction of a new, detrimental arrangement so that ENs only move up the incremental pay points when they deliver medication. Following consultation with the BOC, the Association wrote back to ACS asking for an improved offer including bigger pay increases, the removal of the detrimental proposal for ENs, and improved responses to our other claims e.g. AiN medication allowance and paid trade union delegate leave. At the time of writing we are awaiting a response.

Aged Care Workforce Supplement / Funding For a short period prior to the last federal election, the Aged Care Workforce Sup plement provided aged care employers with funding which could only be used to pay wage increases. During this period the Association negotiated Agreements for DPG Services (now Opal Specialist Care) and UnitingCare Ageing (NSW/ACT), which were approved by the Fair Work Commission and guaranteed that funding from the Aged Care Workforce Supplement, or equivalent aged care funding, be passed on as wages.

The Association was in discussions with other aged care employers about the Aged Care Supplement, however, almost immediately following the last federal election, the new Abbott coalition government issued a deter mination that stopped employers applying for the Aged Care Supplement and these discussions ceased. The Supplement funding has now been put back into the general funding for aged care, without any requirements that it be put towards wages.

Allity Pty Ltd (formerly Lend Lease) The negotiation of a new Agreement on wages for nursing and other staff employed by Allity in NSW has been underway for some time. Allity is in negotiations for new Enterprise Agreements with the ANMF across four states and is attempting to make the documents as similar as possible. Members in NSW supported a majority support petition in late 2013. At that time, Allity was stating they would not negotiate for NSW until negotiations with the other three states were completed. As a result of the petition, Allity agreed to nego tiate simultaneously for NSW and additionally agreed that the first pay increase would be backdated to October 2013 – the anniversary of the last pay rise. At the most recent meeting, a timetable for finishing the negotiations was discussed. The Association’s rep resen tatives emphasised the frustration felt

by many members. A new draft of the document will be prepared and Allity has stated they aim to make a wage increase offer shortly. The Association is looking for improvements to some conditions of employment in the new draft including a new classification structure. The QNU has also advised that a pay offer of just 2% has been made to staff in that state. A Bargaining Organising Committee of NSW delegates discussed this matter in mid-June and took a strong view that such an offer would not be accepted by NSW members. Preparations for an unsatisfactory pay offer or further extended delay were also discussed.

Bupa Aged Care In late December 2013, Bupa employees voted in favour of a new Enterprise Agreement. The total wage increase over the life of the three year Agreement is a minimum of 12% (compounded). The employer agreed to this on the basis of a three month delay for the first increase and then six monthly, rather than annual increases. The Agreement will contain some other improvements including: • Classification Structure: the Asso ciation was able to negotiate changes to the AiN Certificate III and EN classification structures that will provide slightly larger amounts for these classifications. The base point for RNs will also be removed, moving to a seven level pay structure. • E-learning: the Agreement includes a clear statement that employees will undertake this training in work time except where they agree to complete it out of work hours and be paid for completing the training out of work hours. • Parental Leave: a top up to salary for 12 weeks for primary care givers and two weeks for fathers/partners – this is on top of the payment from the previous Government’s scheme (which is currently still in place) and would cease upon the introduction of the coalition government’s proposed new paid parental leave scheme.

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Calvary would not reverse its stance on these reductions and distributed the proposed agreement for ballot without the agreement of the ANMF.

• Medical Certificates: a clear state ment about when proof is required for personal/carer’s leave. In most circumstances, nurses will only be required to supply proof when they take sick or carer’s leave of more than two consecutive days.

The ANMF and relevant state branches objected to the approval of the Agree ment on a number of grounds and argued that it did not pass the better off overall test (“BOOT”). After discussions with Commissioner Johns in the appro val hearing, Calvary agreed to provide the following undertakings:

proposed increase was below members’ expectations. However, the pay rates remain competitive in the first two years because the base figures to which they are applied are reasonable. The reduction of the redundancy payment to the NES was accepted by nurses on the basis that redundancy is unlikely.

1 Broken shifts would be worked only by mutual agreement;

Cranbrook Care Group

2 A minimum two hour engagement for bro ken shifts (previously no minimum); 3 Part-time employees to receive mini mum contracted hours in writing and the rostering arrangements to apply to the hours; and 4 The employer to use its best en deavors to provide rosters at least seven days in advance. At the time of writing, Calvary has provided written undertakings to the Fair Work Commission and the Union covering the above. It is expected that the proposed Agreement with the undertakings will be approved.

Calvary Silver Circle (Little Company of Mary Ltd)

Christadelphian Homes Ltd

Calvary Silver Circle approached the ANMF in early 2013 to negotiate a na tional Enterprise Agreement to apply to RNs and ENs in all states and territories, except for Queens land. Negotiations commenced in and continued through out 2013.

• 2.5% pay increase per year, for a three year agreement expiring 1 October 2016;

During negotiations, the ANMF and relevant state branches identified a number of issues with the employer’s draft agreement, including a change in the span of hours to Monday to Sunday from 6am to 9pm; the introduction of broken shifts; roster changes at short notice; no provision for contracted hours to be provided in writing; and the loss of many allowances payable in the current preserved Agreement such as uniform, laundry, and in-charge allowance. Calvary would not reverse its stance on these reductions and distributed the proposed agreement for ballot without the agreement of the ANMF. Calvary staff voted in favour of the Agreement and Calvary lodged the document with the Fair Work Commission for approval.

The Christadelphian Homes Ltd Enter prise Agreement negotiations concluded with an outcome that includes:

• the first wage increase backdated to the annual anniversary of the last increase, 1 October 2013; • introduction of an AiN Team Leader classification paid 5% above the AiN Certificate III pay point; • introduction of an EN Specialist paid 4% above the EEN Thereafter pay point; • in-charge allowance to be paid on the total number of beds for co-located high care and low care facilities; • a reduction in the RN pay scale from 8 to 6 points; and • a reduction in redundancy entitle ments to the national employment standards (NES) from 1 January 2015. The size of the pay increase was the most contentious issue in the negotiations. The Association made it clear that the

The Association was approached by Cranbrook Care to negotiate an Enterprise Agreement for Lansdowne Gardens. Prior to the resultant Agree ment nurses and other staff were employed on modern awards. The negotiating committee included the Association, the HSU, three nonunion employee representatives, the Chief Executive Officer of Cranbrook Care, and a consultant retained by Cranbrook Care. The majority of staff who voted, en dorsed the negotiated Agreement and the Fair Work Commission approved it in November 2013. It will operate for three years and has a number of conditions that are better than the Nurses’ Award 2010, including the reinstatement of the incharge allowance and on-call meal allowance, faster progression within RN classifications as well as guaranteed pay rises of between 4%-6% in the first year of the Agreement, and 2.6% on 1 July of each year thereafter.

Hardi Nursing Home Management Pty Ltd The Hardi Aged Care Nursing Staff Enterprise Agreement 2014-2015 was approved by the Fair Work Commission in June 2014. The Agreement offers different wage increases across classi fications varying from 0.5% to 1.72% in the first year and 0.42% to 3.51% in the second year. Hardi is currently paying comparatively higher wages than other aged care providers, especially for the AiN classification and on that basis the new Agreement will provide greater increases for RNs and ENs than for AiNs. Notwithstanding the low percentage increases in the Agreement, AiNs at Hardi will remain some of the best paid in the

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industry. For example, the AiN thereafter rate is approximately 11% above the current aged care model agreement rates, while ENs and RNs will be paid in line with the model agreement rates. In addition to wage increases, the Agreement increases annual leave to five weeks for all employees and includes a workloads clause that can be enforced through arbitration if the matter is not resolved otherwise.

Kenna Investments Pty Ltd The Enterprise Agreement for nurses at Kennedy Health Care’s nine sites expired in November 2013. Whilst the negotiation process was difficult, the campaign achieved great growth in member activism. Throughout the campaign, there were regular workplace visits and activities with pledges, t-shirts, lunches and petitions, culminating in a letter to the Board of Directors proudly presented by five members at the negotiating table. Following the Association’s rejection of two sub-standard wage offers and a petition signed by a third of the workforce, an improved and final offer was made of 5%, 3% and 3% in July 2014, July 2015 and July 2016 respectively. The first year is a larger increase to compensate for the eight month delay since the last wage increase was due. The offer equates to an average of 3% per year, taking this in to account. A number of other improvements form part of the final package: • a new $1 per hour Certificate IV allowance; • 14 days notice for a roster change; • minimum four hour engagement for part-time and casual staff (an increase from the current two hours) and remains a minimum two hours for training; • all leave accrual to be shown on pay slips, including Long Service Leave – there is also now a new process to fix pay errors; • the employer will pay the cost of police checks for employees with more than five years’ service; • 25% casual loading;

Following the Association’s rejection of two sub-standard wage offers and a petition signed by a third of the workforce, an improved and final offer was made of 5%, 3% and 3% in July 2014, July 2015 and July 2016 respectively.

• an option to request single days of annual leave; and • the ability for employees to “cash out” ADOs.

Nursing Home, Young was approved by the Fair Work Commission in March this year. 100% of the employees that voted, voted in favour of the Agreement.

A further round of member consultation occurred to gain feedback on the final offer, and members endorsed the Agree ment proceeding to a vote. The Association has been advised that the final voting result was overwhelmingly in favour of accepting the Agreement.

Nurses at both facilities have been agitating for an Agreement for a number of years and voted in favour of protected industrial action prior to the employer making a reasonable wages offer.

As an aged care provider with com paratively high profits, the Association was hopeful of a better outcome. However, the movement from Kenna’s initial offer was achieved due to members’ actions and should be celebrated.

• 4% for AiNs and 7% for ENs and RNs back-paid to 27 March 2013;

Mercy Health and Aged Care Group

The Agreement also includes the introduction of a workloads clause, continuing education allowance, eight weeks of paid parental leave and five weeks annual leave for all employees.

The first Enterprise Agreement to cover employees employed by Mercy Health at Mercy Place, Albury and Mount St Joseph’s

Under the new Agreement, employees will receive the following wage increases:

• 3% for AiNs and 4% for ENs and RNs back-paid to 1 July 2013; and • 3% for AiNs and 4% for ENs and RN from 1 July 2014.

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Northern Coalfields Community Care Association Negotiations for a Northern Coalfields Community Care Association Enter prise Agreement have been ongoing throughout 2014. This ‘not for profit’ company manages the Abernethy Nursing Home, Jacaranda Grove Hostel and Mountain View Lodge Hostel. Some of the claims that members requested included a workloads clause, an increase in the percentage that nurses could retain from salary packaging (currently 60%), overtime to be accrued daily and fortnightly (not monthly, as is the current practice), casual conversion, and annual review of hours for part-time staff.

Additionally, the company confirmed that overtime now accrues after eight hours on a daily basis. This was well received by members. At the time of writing, the proposed Agreement is being drafted to reflect the above and is expected to go to a staff vote shortly. Additionally, a new branch is likely to be formed.

Opal Specialist Care (formerly Domain Principal Group) In August 2013 the Fair Work Com mission approved a new Enterprise Agreement for DPG employees (as they were then known). The Association nego tiated the three year Agreement, prior to the last Federal election when

Members ... began signing postcards stating they felt this offer would leave them behind other local aged care facilities. as a result, the company came back with an offer of a 3% wage increase each year for three years, and the salary packaging rate was increased to 90%.

Initially the company only offered a 2.5% wage increase per year for three years, and only increased the salary packaging rate to 70%. Members felt this was too low and, as a result, began signing postcards stating they felt this offer would leave them behind other local aged care facilities. The formation of a Bargaining Organising Committee, who worked well and coordinated over 95% of staff signing the postcards. As a result, the company came back with an offer of a 3% wage increase each year for three years, and the salary packaging rate was increased to 90% (this will not be stated in the Enterprise Agreement).

the Aged Care Workforce Supplement funding of 1% a year was available. The Agreement provides for employerfunded increases of 2.75% per year plus this 1%. It also contains a provision that states that the employer will pass the 1% on as a wage increase while it is available through government funding (even if the Government requirement to hand it on as wages is removed). If the funding is removed in its entirety, future employerfunded wage movements will increase to 3% a year but the 1% Supplement wage increases will not be paid. The recent Federal Government bud get continued the availability of the

equivalent to the additional Supplement funding for 2014 (without the controls placed on this funding by the previous government). The employer has con firmed that members will receive the full 3.75% increase in July 2014. In addition, the Agreement provides: • an additional 0.25% in 2014 and again in 2015 for RNs at the top of the increment scale; • an allowance of $1 per hour for each full shift for Nursing Assistants with medication endorsement working in high care when they are required to perform that task; • the introduction of a maternity leave return to work incentive – a bonus of four weeks wages paid on the completion of three months service after a return to work from maternity leave; • an increase in paid partner leave to four weeks; • for rosters to be displayed at least 14 days before they commence (currently seven days); and • the employer will pay for police check renewals for permanent employees with two and a half years of service.

Queanbeyan Residential Aged Care Facility Queanbeyan Residential Aged Care Facility members organised a majority support petition to persuade their employer to start bargaining for their first Enterprise Agreement. The branch’s action was successful, with their employer agreeing to adopt the LASA model agreement with some minor variations. The Agreement came into force from January 2014.

Scalabrini Village Ltd A new Agreement for Scalabrini Village nurses has been negotiated and was approved by the Fair Work Commission in July 2014. Key changes in the proposed three year Agreement include 3% wage and allowance increases per annum, paid in 1.5% installments every six months, and an expanded classification structure to better recognise the diverse work of nurses in aged care, e.g. AiN/EN Transition Nurse to assist transition of new dementia residents and their families..

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Sir Moses Montefiore Jewish Homes Late in 2013 after six months of negotiations, Sir Moses Montefiore abruptly withdrew from negotiations without explanation. The employer then proposed to apply an ‘administrative increase’ of 2.75% to all employees backpaid from 30 June 2013 and withdrew its commitment to register the Agreement with the Fair Work Commission. The Association launched a postcard campaign with members agitating around the lack of a fair pay rise and an enforceable agreement. As a result of the campaign the employer agreed to come back to the bargaining table and negotiations recommenced in midFebruary 2014. Negotiations continue and members have received an improved wages and allowances offer of 3% to be back-paid to the first pay period on or after 24 February 2014. The employer has also committed to a further increase to wages and allowances, yet to be determined, effective 1 July 2014 and committed to negotiate a legally enforceable Agree ment approved by members and the Fair Work Commission. At the time of writing, negotiations are continuing.

The Whiddon Group The Whiddon Group Enterprise Agree ment expired in October 2013. The Association had a preliminary meeting with Whiddon representatives in June 2013 and sent them the members’ wages and conditions claim in August 2013. Management responded to the claims by saying that at this time they were not prepared to enter into negotiations for a new Enterprise Agreement and they would be passing on a 3% administrative wage increase in October to employees covered by the expired Agreement. Notwithstanding the wage increase, the strong feedback from members was that they wanted Whiddon management to meet with the Association to negotiate a new Enterprise Agreement. Late last year a majority support petition was

Late last year a majority support petition was launched to try to get the Whiddon Group to the bargaining table and the Association successfully collected over 50% of nurses’ signatures in support of the petition.

launched to try to get the Whiddon Group to the bargaining table and the Association successfully collected over 50% of nurses’ signatures in support of the petition. Management was informed of this result and they subsequently advised the Association they would negotiate with the Association in the New Year. Negotiations commenced in March and are continuing.

UnitingCare Ageing NSW/ACT In late 2013, employees of UnitingCare Ageing voted to endorse a variation to their Agreement which gave them access to the additional funding available through the Aged Care Work force Supplement. The variation was negotiated by the NSWNMA and the HSU and approved by the Fair Work Commission. It included a wage increase of 3.75% effective from 1 July 2013. The increase consisted of a 2.75% employer-funded increase as well as a 1% increase funded through the Supplement. Other variations to the agreement included: • the introduction of a professional development leave clause; • the introduction of a work, health and safety clause;

Agreement have now commenced. The key claims this year are for a decent pay increase, improved classifications, and more effective approaches for managing aggressive residents.

UnitingCare Queensland (Blue Care) UnitingCare Queensland (Blue Care) ne gotiations for an Enterprise Agreement were lengthy with negotiations commen cing in 2012, postponed in June 2012 due to a stalemate and uncertainty around the impact of the Aged Care Workforce Supplement and eventually finalised in April 2014. The Agreement was approved by the Fair Work Commission in May 2014. The Agreement’s major change is with respect to the payout of sick leave on termination. The previous Agreement provided for a frozen sick leave bank, an amount of sick leave accrued as at 1 January 2009. The new Agreement caps the payout of this pre 1 January 2009 sick leave bank at 76 hours. The Agreement also provides for guaranteed pay increases of 1.5% from 1 July 2013; 1.5% from 1 January 2014; 2.0% from 1 July 2014; 1.0% from 1 January 2015; 2.0% from 1 July 2015; and, 1.0% from 1 January 2016.

• a reference to procedural fairness in the disputes settling clause;

Workplace Matters

• an increase in casual loading to 24%; and

Aged Care Services Australia Group (ACSAG) Bayview Gardens & Albury and District Nursing Homes

• a new expiry date of 30 June 2014. There were no significant changes to other terms and conditions. Following a recent survey of NSWNMA members, negotiations for a replacement

ACSAG advised the Association in September 2013 of a proposal to implement a national “master roster”

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The [Opal Aged Care] branches have been active in endorsing resolutions and monitoring breaches between local policy and the Enterprise Agreement.

to improve current rostering patterns to reflect a lower occupancy and an inherited staffing model at the two NSW facilities. Shift lengths were reduced, handover time was halved to 15 minutes, start and finish times were altered along with the introduction of a four-hour shift. However all casuals were offered permanent parttime shifts, and permanent part-time staff could elect to work additional hours; the aim was that fewer staff would be working more hours.

2000. The purchase included 94 high care beds and the understanding that nursing positions will remain under the Public Health System Nurses’ and Midwives’ (State) Award indefinitely. In February 2014 a memorandum was distributed from management stating that the funding attached to these beds will no longer be available from 2016 and that members would no longer be covered by the Public Health System Nurses’ and Midwives’ (State) Award.

Members at Albury agreed with the changes but members at Bayview Gardens have ongoing problems with travelling long distances for a four-hour shift. Voluntary redundancies were offered and members who did not agree with the new staffing arrangements found alternative employment. The Association requested that a review committee be established at Bayview Gardens to monitor the roster changes.

Industrially, management cannot uni laterally move these members away from the initial Agreement and the NSWNMA is working with the branch to address the issue.

Bupa Aged Care Medication Administration In 2013 Bupa agreed not to pressure any AiN to administer medications if the AiN lacked confidence in performing the task. While this agreement was negotiated with the Association, it appears that it is not practised at all facilities and the Association has been in further discussions with management to cease the reported pressure on Certificate III AiNs to administer medications in residential aged care.

Carrington Centennial Care Limited Award Coverage Carrington Centennial Care, situated near Camden, was purchased by this private operator from NSW Health in

Moran Health Care Model of Care In May 2014, management at the Moran Health Care Sylvania facility introduced a new care model which effectively reduced RN staffing and increased AiN staffing by replacing one of two RNs with a Certificate IV AiN. The branch is working with the NSWNMA to monitor the quality and level of care delivered to residents, as well as the changes to workloads.

Juliana Village Association Ltd Medication Administration The Association supported members at Juliana Village, Sylvania in their negotiations with management resulting in the development of a new policy on how medications are stored, handled and administered at the facility with RNs now in charge of how medications are administered and supervised. These changes arose following concerns raised by the RNs that included AiNs holding the

drug keys and previous management directives that RNs sign off on drugs administered by AiNs unsupervised.

Opal Specialist Care (formerly Domain Principal Group) Enterprise Agreement and Policy Breaches The Association has assisted members with ongoing problems in a number of Opal Aged Care branches where the local policy does not reflect the Enterprise Agreement. These relate particularly to taking annual leave, with staff limited to taking whole weeks, and notification of sick leave with the individual being required to contact the shift supervisor and the facility manager. The branches have been active in endorsing resolutions and monitoring breaches between local policy and the Enterprise Agreement. In late 2013, AiNs at Murwillumbah Nursing Home were advised they would no longer be receiving handover in line with the Enterprise Agreement and moved to a handover sheet that is updated once a month. Initially, members were largely unconcerned with this arrangement; how ever this has changed with many members seeing the detrimental effects on the care they deliver to their residents. When the changes first occurred the employer stated the agreement only required nurses to receive handover and that it would not be delivered to AiNs. The employer further stated the term ‘nurse’ is a protected title – one not belonging to AiNs. While the branch and members acknow ledge the term ‘nurse’ is protected, they assert that most of the AiN work is nursing-related. The branch has been organising around this issue and is continuing to fight for the re-instatement of the handover.

Terrigal Grosvenor Lodge Pty Ltd Mathew John and Veronica Nursing Homes The introduction of a new payroll system in July 2013 resulted in many weeks of incorrect payment of wages. Members had also reported that the employer was always in arrears for payment of superannuation, up to ten months for

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some members. The Association assis ted members to recover their wages and allowances which has led to the Australian Taxation Office investigating the employer. There are also on-going problems with workloads, and an attempt to restructure the rosters at both sites without notification to the Association. In February 2014 Mathew John Nursing Home had sanctions imposed, and the Department of Social Services advisers are in place at the facility. Accreditation is due in early August and with beds closed and nurses deployed across both sites, the workloads and roster issues have been temporarily resolved by the administrators.

Trustee of the Roman Catholic Church Diocese of Lismore Mater Christi Aged Care, Coffs Harbour Management at the Mater Christi Aged Care Facility are restructuring rosters in order to resolve some long standing issues with nursing coverage. The general manager had asked an EN to facilitate this change and suggested it as a bottom up restructure. Following a request by the EN for assistance, the Association met with nurses, the EN and the general manager in order to facilitate this. The general manager assured the Association that this change would not include a reduction of hours. The Association has been invited to participate in this process which is expected to take six months.

UnitingCare NSW/ACT Employment Classifications All new employees of UnitingCare are employed under the care service classifications and while some existing employees have been able to maintain their AiN status, members at some sites have reported that managers are pressuring them to change. The NSWNMA has raised allegations of intimidation of members with UnitingCare management who have denied these practices are occurring.

Medication Administration The Shoalhaven branch has advised that EENs are not allowed to administer insulin, PRN medications, IMMS or catheterisation. Subsequently, the EENs feel they have been deskilled.

Payment of In-charge Allowance The Association commenced proceedings in the Chief Industrial Magistrate’s Court in 2012 on behalf of 12 members who are or were employed as RNs at a UnitingCare facility. The facility comprises a nursing home and co-located hostels and selfcontained apartments.

were then paid the correct in-charge allowance but were not paid any back-pay. In late July 2013, the Magistrate found that members were entitled to the back-pay and made orders that they be paid the amounts claimed, with interest, which totalled over $80,000. UnitingCare appealed this decision to the Federal Court but their appeal was dismissed in April 2014.

UnitingCare Queensland (Blue Care) Reduction of Hours Blue Care (formerly UnitingCare Queensland) reduced all full-time em plo yees to part-time and significantly reduced part-time employees contracted hours as part of a cost cutting exercise. This was done as a redundancy for the full-time staff and under a questionable contract term which allowed for such unilateral variations of hours by the employer for part-time staff. The Association commenced proceedings in the Fair Work Commission. As a result of the dispute and good work undertaken by the branch, all five full-time members were returned to full-time status and eight part-time members have had all contracted hours returned.

These members, as the sole registered nurse on duty, had always been in-charge of the nursing home and the hostels, but were only being paid the in-charge allowance for being in-charge of the nur sing home. The Association raised this issue with management and members

the Magistrate found that members were entitled to the back-pay and made orders that they be paid the amounts claimed, with interest, which totalled over $80,000. UnitingCare appealed this decision to the Federal Court but their appeal was dismissed in April 2014. Report to 2014 Annual Conference | 61

Other Sectors

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Other Sectors Bargaining The table below shows a summary of the outcomes achieved in Agreements finalised since June 2013 for all other sectors in NSW.

Medicare Locals The NSWNMA conducted research into Medicare Locals in an attempt to gain a better understanding of how they operate, the environment they are operating in and where members fit into this picture. Medicare Locals replace the Divisions of General Practice and were set up to address service gaps and the overlapping of services in primary health care delivery. Their potential success lies in their ability to form effective partnerships with LHDs, other Medicare Locals and NGOs.

The NSWNMA made a submission to the Federal Government’s review of Medicare Locals. The NSWNMA raised concerns such as the direct provision of services by Medicare Locals placing them in competition with NGOs; dis parity of structure between Medicare Locals and the resultant complexity; and the privatisation of services that may be considered outside the scope of primary health care. The Review recommends the renaming of Medicare Locals to Primary Health Networks and the objective of integrating care across the health system whilst reinforcing general practice as its cornerstone. The Federal Government has not yet announced any decisions based upon the recommendations of the Review.

Other Sector Bargaining Table Employer

Facilities

Wage outcomes

New Agreements completed from 1/6/13 to 18/6/14 18

38 months – 2.8%, 2.8%, 2.8%, 2.8%

City East Specialist Day Hospital

21 months – 1.25%, 3.25%

East Sydney Day Hospital

24 months – 2.5%, 3%

Eastern Heart Clinic Pty Limited – Eastern Heart Clinic

22 months – 2.5%, 2.5%

Eastern Heart Clinic Pty Limited – Sutherland Heart Clinic

21 months – 2.5%, 2.5%

Family Planning Association

25 months – 2.27%-4.5%, 2.27%-3.6%, 2.27%-3.6%

Healthscope Limited

39 months – 1.5%, 1.5%, 1.5%

Inala Disability Enterprises

31 months – varies (ERO & FWC Pay Decisions)

Lifehouse at RPA

12 months – 2.5%, 2.5%

SOS Nursing Home & Home Care Services Pty Ltd

44 months – 2.75%, 2.75%, 2.75%

The Cram Foundation

24 months – 2.6%, FWC Pay Decisions

Western NSW Medicare Local

48 months – increased by CPI

Aspen Medical

Bargaining Campaigns AMA Practice Nurses The standard contract of employment negotiated between the Association and the Australian Medical Association has recently been renewed. First established in 2011, the template is intended to provide a floor for the wages and conditions of employment of practice nurses and midwives. The standard contract also provides a guide to employers and nurses on matters such as the Nurses’ Award 2010 and the National Employment Standards. This is a sector of employment in which the negotiation of Enterprise Agreements is almost impossible because of the large number of small employers. The renewed template proposes in creases in wages and allowances of 2.8% in both 2013 and 2014. It is anticipated that the template will be renegotiated in 2015. Members employed in general practice have been advised of the new template by a Circular.

Australian Red Cross Blood Service (ARCBS) At the time of writing, a proposed new Enterprise Agreement for nurses em ployed by ARCBS is going to a staff vote. In the lead up to the negotiations members representing seven ARCBS donor centres met in May to prepare the NSWNMA claims for the negotiations. This meeting was the first of its kind for these ARCBS members, who represent the more than thirty locations across the state. Along with developing members’ claims, the meeting discussed issues that ARCBS management had signalled they would raise in the negotiations. Members were consulted throughout the negotiations. When the employer’s final offer was made the NSWNMA consulted a significant cross-section of members and Branches in ARCBS who indicated that the overall proposed Agreement was acceptable. The proposed Agreement would be for four years and provide 3% wage increases each year in July 2014, July 2015, July 2016 and July 2017. These increases compound to 12.55% over the life of the Agreement.

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The negotiated Agreement provides improved pay and conditions and creates a national pay scale. Pay increases vary and nurses will receive pay increases of 0.25% to 4.13% per year.

• fixed term employees will also have the right to request permanent employment after 12 months, but only if there is a position available; • a new Senior Nurse Educator classi fication with rates equivalent to the Public Health System Award; • allowances increased by 8.4% over the life of the Agreement; • increase to rates of pay backdated to 30 June 2013; • ‘higher duties’ paid after three days; • inclusion of two weeks paid Dad and Partner Pay (DAPP) leave; and

It would introduce a number of other changes to the current Agreement including: • A single increase in allowances of 5% in July 2014; • The ordinary hours of work shall be worked Monday to Sunday. Em ployees who are required to work on a Sunday shall only do so by mutual agreement. Such agreement shall not be unreasonably withheld. A shift penalty of 75% will be paid for work on a Sunday and all overtime is at double time; • The introduction of a 5th and 6th increment point to the Donor Services Nursing Assistant grade. To reach these points the DSNA must have a Certificate IV in Pathology. This will give DSNAs a significant increase in remuneration if implemented; • The minimum period of engage ment for part-time and casual employment shall be four consecu tive hours on any shift or day, unless otherwise agreed. It was previously three hours; • Where an employee is the only RN on site and is therefore required to remain at that location to provide clinical oversight during their meal break, they will be paid an amount equivalent to the meal allowance; • The option to take either a loading of 150% to work on a public holiday or 50% plus an additional day of annual leave has been removed. The loading of 150% will be paid; • An error in the previous Agreement

that gave part-time employees signi ficantly more additional annual leave for working on Saturdays than fulltime employees has been corrected.

Defence Nurses Enterprise Agreement Contract nurses working in military installations (army, navy and air force) for Aspen Medical achieved the first nation wide enterprise agreement for civilian military nurses. Nurses at Kapooka, Wagga Wagga were instrumental in ob tain ing agreement from Aspen to enter into negotiations which led to an improvement for defence nurses across the country.

Family Planning NSW Negotiations for the Family Planning Association NSW (FPNSW) Enterprise Agreement are now completed. Historically the terms and conditions of nurses working for FPNSW are based on the Public Health System Nurses’ and Midwives’ (State) Award 2011. The increases to the rates of pay in the new Agreement maintain the parity between FPNSW and the Public Health System. RN8/CNS/Nurse Managers/Nurse Educa tors will receive increases of 8.14% over the life of the Agreement, and a new Senior Nurse Educator (SNE) classification (based on the Public Health System Award) was agreed by FPNSW and the SNE will receive increases of 11.7% over the life of the Agreement. Other improvements include: • casual employees will have the right to request permanent employment after 12 months;

• improvements to the Lecturing Allowance – employees who do preparation work outside of work hours will be paid at overtime rates. The Agreement was approved by the Fair Work Commission in May 2014.

Healthscope Medical Centres Healthscope Medical Centres own 47 medical practices across Australia (nine of which are in New South Wales). Healthscope agreed to bargain for a na tional enterprise agreement after inclusion into the low paid bargaining application for nurses working in general practice. The resulting Agreement replaces the Nurses’ Award for this organisation. The negotiated Agreement provides improved pay and conditions and creates a national pay scale. Pay in creases vary and nurses will receive pay increases of 0.25% to 4.13% per year. A very small number will not receive a pay increase. Three ballots were held to approve the Agreement due to issues with the content and distribution of the Agreement. A third and final successful ballot was held and the Agreement was approved by the Fair Work Commission in July 2013.

Inala Disability Enterprises Inala Disability Enterprises is a ‘not for profit’ disability support provider where the majority of staff are employed as Residential Support Workers, with a very small number of RNs employed in a group home environment. Inala advised the Association in November 2013 that they wished to commence negotiations for an Enterprise Agreement for all staff.

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The Agreement was approved by the Fair Work Commission in April 2014 and retains most conditions continued in the Nurses’ Award 2010, combined with provisions of the Social, Community, Home Care and Disability Services (SCHADS) Award. Wages will increase in line with the Fair Work Commission Equal Remuneration Order (ERO) to gradually increase pay rates in the SCHADS Award. The ERO applies from 1 July each year and from 1 December every year (from 2012 to 2020). Employees covered by the ERO are entitled to a portion of the total percentage increase from this order for their classification. Nursing classifications have been aligned with classifications in the SCHADS Award of similar qualification and wage level.

Medicare Locals Hume Medicare Local Earlier this year the Association com menced negotiations with Hume Medicare Local for an Enterprise Agreement. In May, the Chief Executive Officer advised the Association that as a result of the withdrawal of Commonwealth funding announced in the 2014 Federal Budget, Hume Medicare Local would be withdrawing from Agreement negotiations as it was likely the Medicare Locals would be closed from early 2015. At the time of writing there are no current Agreement negotiations between the Association and other Medicare Locals.

Western NSW Medicare Local Negotiations for an Enterprise Agree ment for Western NSW Medicare Local were completed prior to the 2014 Federal Budget. These were complex, made more difficult by a large number of employee bargaining representatives and the unwillingness of the employer to entertain NSWNMA proposals. This employer continues the antiunion stance of the Division/Networks of General Practice and strongly encourages individualism. The NSWNMA was the only Union in the negotiations, representing nurses. The organisation employs nurses as Program Managers and Telehealth Support Officers.

full pay period after 16 December 2013 in line with the Government’s wages policy to be applied to these awards. This offer was accepted by all unions.

The Agreement is for four years with annual CPI increases but contains little else. The NSWNMA sought to be covered by the Agreement through the Fair Work Commission but did not support its approval.

Community Sector

Sight for Life Foundation

Last Drinks Coalition

The NSWNMA has reached a principle agreement for a new Enterprise Agree ment at Sight for Life.

The Last Drinks coalition, made up of the Police Association NSW, HSU, ASMOF and NSWNMA, has decided to continue to monitor the success of the Last Drinks campaign and await data evidence from the Bureau of Crime Statistics before responding. The unions involved plan to ensure that our contribution is acknowledged as proof of a successful campaign.

Members are happy with the proposed wage increases of 2.9% each year of a three year Agreement as they are currently paid above public sector rates. Significant improvements to the existing Agreement include nine weeks paid parental leave, improved access to time off in lieu, purchased additional annual leave, overtime rates to be paid when a break is not taken within five hours of commencement of a shift, shift penalties for a 10am start, and taxi vouchers when nurses are required to work late.

State Wages Case 2013 Other than the Public Health System Nurses’ and Midwives’ (State) Award three other awards remain in the NSW State Industrial System. They have limited application, applying to nurses employed primarily by local councils and in NSW Public Schools. They are the Nurses’ (Private Sector) Training Wage (State) Award, the Nurses, Other Than in Hospitals, &c. (State) Award and the Nursing Homes, &c., Nurses’(State) Award. The NSW Government has offered a wage increase of 2.27% from the first

NSW/ACT Alcohol Policy Alliance (NAAPA) NAAPA and the National Local Govern ment Drug and Alcohol Advisory Committee held a Community Forum in October at NSW State Parliament. The Forum was received with great success and there was a great deal of discussion on ways to improve community engage ment with the Liquor Licensing system. The NAAPA Forum Alcohol Policy in NSW: Where to now? was held on 15 April 2014 at NSW Parliament House. The Forum focused on three key elements of alcohol policy and regulation; former Premier Barry O’Farrell’s January 2014 announcement of the alcohol violence initiatives and the legislative changes in Sydney and NSW; the review of the NSW Liquor Act 2007; and, opportunities for future reforms in alcohol policy in NSW.

The NSW Government has offered a wage increase of 2.27% from the first full pay period after 16 December 2013 in line with the Government’s wages policy to be applied to these awards. This offer was accepted by all unions.

Report to 2014 Annual Conference | 65

Professional Services

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Submissions Affordable Housing Submission A submission was made to the Inquiry into Social, Public and Affordable Housing. The submission focused on the needs of two groups of people for affordable housing or rental assistance – the first group being younger members such as AiNs, ENs, and new RN and RM graduates who are beginning practitioners, many of whom work in large city hospitals doing shift work, and need accommodation close to their workplace. Nursing and midwifery is a female dominated profession with the gender divide in the ratio of 0.2 males to 0.88 females, with nurses and midwives working mainly unsociable hours and many leading unhealthy lifestyles. This classification of workers is low paid and includes single parents who are part-time workers. The second group of nurses and midwives are older or a part of the ageing sector. An increase in older nurses and midwives in the future does mean that we need to accommodate them in other ways, such as providing support programs, introducing flexible working practices which may help them with their caring responsibilities and their rotating shifts and physical limitations, as well as putting affordable housing or rental housing in place in close proximity to their work places. The NSWNMA believes that public policy should focus on the need for affordable housing for these groups of nurses and midwives so that they can rent or purchase secure housing within reasonable proximity of their centres for health care delivery, and then nursing and midwifery retention figures can be offset. The submission came about because of an Affordable Housing position state ment drafted by the NSWNMA due to nurses’ and midwives’ growing con cern about high rents and housing affordability throughout Sydney and rural NSW. This problem impacts on quality of life for families, and consideration needs to be given to those nurses and midwives who work shift work and have caring responsibilities, inadequate transport, family breakdown and reduced income because they are not working full-time.

Kerry Rodgers speaking at the Bust the Budget rally in July 2014

The NSWNMA has written to all non-Government NSW Senators urging them to reject key budget measures that will damage the health sector in NSW.

Co-payments, Out-of-pocket Expenses & Budget 2014/15 The NSWNMA has written to all nonGovernment NSW Senators urging them to reject key budget measures that will damage the health sector in NSW. We raised our concerns in regard to the issue of increasing co-payments and the reneging of the Government on the agreed funding arrangements with the State and Territory governments under the National Health Partnership Agree ment. We noted that this move creates deep uncertainty for the people of NSW in regard to our already stretched hospital services. The entire submission can be found at: www.nswnma.asn.au/wpcontent/uploads/2014/06/submissionto-NSW-Senators-re-budget.pdf

Inquiry into Technical and Further Education in Australia The NSWNMA submission highlighted the important role of Enrolled Nurses (EN) in the provision of safe and

efficient care. ENs are important in their contribution to a rich skill mix but the number of ENs in NSW is declining. There are currently 13,784 ENs registered in NSW, and of this 5,950 are employed permanent full-time or part-time in the NSW public sector as at July 2012. This reduced number needs to be compared with 6,014 in March 2011. It was also noted that: • 50% of ENs in the NSW public sector work part-time; • in July 2012 there were 264 EN vacancies across NSW (a 50% increase since 2010); • the proportion of ENs to RNs in NSW is amongst the lowest in Australia (AHPRA figures); and • the Ministry of Health modelling shows that 1,400-1,600 commencing EN training places are needed each year from 2012 to 2026 so that there will be a balance of supply/demand

Report to 2014 Annual Conference | 67

by 2026. This is a far cry from the 1,049 EN enrolments at TAFE NSW for 2012 and the 1,177 new EN registrations for the May 2011 to September 2012 period (the latter reflects AHPRA figures). The Ministry of Health projections of service needs state that from 2012 there is a need to increase training places for Enrolled Nurses by a further 849 students per year.1 This would mean that the number of training places for ENs would have to increase to around 2,100 or an increase of approximately 65% per year. This large number of additional places could possibly be sourced, at least in part, from private providers who in the future may become involved as Registered Training Organisations (RTOs). The Health Training Package is available through the Australian Nursing & Midwifery Accreditation Council (ANMAC) and RTOs may apply to ANMAC for approval to deliver it. However, they need to adopt a rigorous, thorough and exhaustive process throughout this procedure. Some operators may find this daunting and too expensive. The Association also frequently receives reports of questionable quality of training from private RTOs. It can be clearly seen that there will be a short fall of ENs in the Health Workforce Australia projections for 2025. The decline of ENs needs to be reversed so that adequate EN staff can continue to take their place alongside RNs, particularly in principal metropolitan referral hospitals. The Association urged the Committee to ensure that funding for NSW TAFE is adequate to maintain a sustainable EN workforce in NSW to ensure appropriate skill mix in workforce planning and utilisation, now and in the future.

Medical Use of Cannabis The NSWNMA Council formally endorsed a resolution at the June meeting to support the recommendations of a NSW upper house standing committee, and a petition to decriminalise the medical use of cannabis for terminally ill patients.

The use of cannabis for medicinal purposes is used to alleviate a range of symptoms, such as nausea, for various illnesses, including Parkinson’s disease, Multiple Sclerosis, Crohn’s Disease and other chronic pain or post traumatic stress disorders. The Association considered this action after being approached by a retired nurse seeking support for a petition she had launched on behalf of her 24-year old son who suffers from terminal bowel cancer. The use of cannabis for medicinal pur poses is used to alleviate a range of symptoms, such as nausea, for various illnesses, including Parkinson’s disease, Multiple Sclerosis, Crohn’s Disease and other chronic pain or post traumatic stress disorders. It is legally regulated throughout the United States, Canada and several European countries. Council agreed to support the recom mendation released by the General Purpose Standing Committee No. 4 in May 2013, a Bill proposed by Greens MP, John Kaye, and international research into medicinal cannabis. The Association is also aware of a proposed Private Members Bill being drafted by the Member for Tamworth.

Review of the Poisons and Therapeutic Goods Legislation This review is being conducted by the Ministry of Health. The NSWNMA recom mended an amendment to the Act and Regulations to allow EENs to administer S8s in NSW which would bring NSW into line with other jurisdictions. More broadly, we expressed a range of concerns in relation to how this legislation is applied in the range of aged care settings, particularly low care and hostel settings, and noted that the Association receives a steady stream of issues including:

• RNs asking what they should in clude when writing policies, how to determine legal and professional res ponsibilities, including about the role of AiNs in medication dis tribution and the RN role in supervision; • RNs with concerns about question able/unsafe medication practices and what their responsibility is, what they should do; • RNs being asked to leave their duty in a nursing home to give medications to residents in hostels/low care areas and being conflicted about how to refuse when this impacts on the resident comfort (especially when patient is in pain or palliative care); • RNs seeking clarification about the legality of AiNs giving S8s from pa tients’ own stock (including measuring out liquids) and from Dose Administration Aids (DAAs); • RNs and EENs and the use of DAAs; and • RNs asking about training processes and ongoing assessment of AiNs who are involved in medications. The NSWNMA noted its serious concerns about medication practices in non-hospital settings and in particular, federally funded and regulated hostels and low care facilities. It is apparent that most people now in low care settings are in fact assessed with high care needs, and as such many cannot manage their own medications. They are fully reliant on nurses/care staff but the legislation

Health Professionals Workforce Plan Taskforce. Technical Paper & Discussion Paper, 2011.

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regards the care staff as ‘assisting’ them. The Association believes this situation does not provide adequate protection, nor does it take into account the role of unregulated staff in handling any range of medications, including S8s, DAAs and cytotoxic medications.

Member Education

their CPD requirements. Therefore the restructuring of the “Are you meeting your CPD requirements?” workshop to include RNs, ENs and midwives in one group and the shortening of it to a half day has continued to prove very successful. Keeping the Legal and Professional Issues seminar to a half day has also assisted nurses and midwives to attend.

Members Education and Seminar Program

Special request seminars: July 2013 – June 2014

The member education program in the past year scheduled 54 seminars over the period via the formal member education calendar. The number of seminars on offer has remained much the same as last year (59 seminars). The number of attendees has also remained much the same at 923 this year (928 last year). The Forums have been generally well attended over the period. The number of aged care nurses attending their annual forum has improved, increasing from 43 to 76 this year. The Environmental Health seminar was successful in its first year with 56 attendees. The lack of access to study leave is an ongoing issue for members and its impact on their ability to complete

A number of facilities continue to request seminars to be held on site at their facility. This is especially for the Legal and Professional Issues seminar and the Importance of Documentation seminar. The main reason given for requesting the onsite delivery mode is the continued difficulty for staff to access education and training utilising study leave. Facilities can arrange rosters to incorporate an onsite session for staff. A number of requests have also been received for Conference presentations on Professional Issues throughout the year. A total of nine seminars were delivered on site at facilities and eight conference presentations were delivered.

Environmental Health Seminar An inaugural environmental health semi nar was held on 14 March at the NSWNMA with great success. Forty four participants (of the 56 who attended) evaluated this very favourably and ap prox i mately a quarter suggesting the need for further environmental health seminars. The speakers were Professor Barbara Sattler from the University of San Francisco, California who is a nurse and a lecturer; Fiona Armstrong, a nurse and activist for climate change and Teresa Lewis who is a nurse and an educationalist, with expertise in environmentally healthy hospitals. These speakers were well received, they presented a holistic approach to the large topic area of environmental health. Participants who were interested in addressing environmental health issues in their workplaces were encouraged to speak to their branch delegates. Podcasts were made and placed on the NSWNMA website especially for access by rural members.

Mental Health Matters Bob Fenwick Memorial Mentoring Grants Program In collaboration with the NSW Ministry of Health, the NSWNMA successfully managed the second round of the Pro gram, with the Award Ceremony held on 30 August 2013, bringing the second round to its conclusion.

Summary of Educational Seminar Activities: July 2013 – June 2014 Seminars scheduled:

The third round was launched at the Award Ceremony, and the program for 2013-14 attracted 16 Mentee participants and has been another great success.

54 Regional

National Review of Mental Health Programs and Services 2014

Metropolitan

Number of attendees

923

Cancellation of Seminars

The NSWNMA provided a response during April via the online survey to The National Mental Health Commission national review of existing mental health programs and services in Commonwealth and States/Territory governments and the non-government sectors. The national review final report will be completed by November 2014. The main themes of the NSWNMA res ponse to the survey questions focused on;

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Applications Successful Awarded

Amounts of $4,000 were awarded to successful applicants in Category 1 to assist them in undertaking programs leading to initial registration as a nurse. the culling committee continues to award fewer grants of larger size; this was achieved with 37 grants, to a value of $99,992 awarded.

• improving nurse to patient ratios, especially in rural and remote areas; • not to privatise the current health system, including mental health; • support for nurses in the Mental Health Nurse Incentive Program; • support for 24-hour community mental health nursing crisis teams in LHDs; • providing better incentives for nursing students to consider a career in mental health nursing to ensure a robust future workforce.

National Mental Health Core Capabilities Consultation The NSWNMA was invited to review Health Workforce Australia’s draft National Mental Health Core Capabi lities and provide feedback via the feedback form template provided, which was submitted in May. While the NSWNMA supports a multidisciplinary approach in mental health services, we were compelled to articulate concerns with the lack of recognition of the various strengths of the professional disciplines, including nurses and midwives, the lack of recognition of autonomy, competence and scope of practice of individual health professionals and the apparent

promotion of a generic work force within the document.

Professional Legal Matters The Legal Officers have assisted members in Coronial Inquiries, Health Care Complaints Commission Inquiries and the Health Professional Councils Authority (NSW Nurses and Midwives Council) with disciplinary matters, as well as with the preparation of statements. From the period June 2013 – June 2014 they have handled over 240 new issues referred to them, including representing members at 31 Coronial Inquests. The Legal Officers have had input into a number of reviews, policies and submissions and have appeared before Parliamentary Inquiries.

Scholarships & Research Projects Edith Cavell Trust Scholarship A total of 148 scholarship applications were received. A pre culling was under taken to remove those applications that were incomplete to streamline the process. This reduced the applications by 63 and allowed the culling committee to finalise the evaluation process. The outcome of the deliberations for each category of grant is outlined below:

Category 1

64,000

Category 2 (i) 10

6,742

Category 2 (ii)

10,000

Category 3 (i) 34

14,250

Category 3 (ii)

5,000

Category 3 (iii)

TOTAL

99,992

Amounts of $4,000 were awarded to successful applicants in Category 1 to assist them in undertaking programs leading to initial registration as a nurse. Awarded amounts were distributed evenly among the successful applicants within each category. In accordance with the Edith Cavell Trust Committee, the culling committee continues to award fewer grants of larger size; this was achieved with 37 grants, to a value of $99,992 awarded. This amount is an increase of $20,000 on last year’s figures. The amount available to be awarded is determined by the Trust and is dependent on the outcomes of the investment market. A waiting list of three applicants was created for Category 1 and a waiting list of four was created for Category 3(i). During the past year, changes were approved by the Trustees to the scholarship categories so that midwives, assistants in midwifery (AiMs) and assistants in nursing (AiNs) will be able to apply for scholarships. Also those doing their studies part-time, and studying in modes such as multimodal (a mixture of distance and face to face) as well as distance education are eligible. The Trustees also agreed to receiving donations and bequests to the funds of the Trust. An Affidavit was prepared and has been presented to the Attorney General for consideration before submission to the Supreme Court. The Court will have to approve the changes to the Trust deed before they can be put into effect.

Lions Nurses Scholarships Foundation In 2013 the Foundation offered a total of 16 scholarships to the value of $44,000 across NSW and the ACT. The committee continuously works hard to grow and

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promote the Foundation and the NSWNMA is very grateful for the ongoing support they provide each year to eligible enrolled and registered nurses.

the March Committee of Delegates meeting. The survey commenced in June and we encourage the membership to participate in this vital research study.

of complaints being about workload/ fatigue/shiftwork (35.0%), bullying and harassment (20.0%) and violence and security (17.5%).

Old People’s Welfare Council Aged Care Scholarships

Workplace Health and Safety

Interestingly, the industry sectors without NHPPD, that is, aged care and ‘other’, reported a much higher number of workload/fatigue/shiftwork problems.

A new scholarship program for aged care nurses commenced in 2014, made possible by a grant from the Old People’s Welfare Council Ltd, a group based on the Central Coast. Scholarships are for registered and enrolled nurses who are working in, or want to work in aged care, and who are NSWNMA members. Several scholarships will be offered each year between 2014 and 2016 to undertake an accredited course related to aged care. The first round commenced in February 2014, with four registered nurses undertaking the Graduate Certificate in Aged Care at the Australian College of Nursing.

Research Australian Research Council – Linkage Research Project The NSWNMA is involved in an Australian Research Council Linkage Research Project: ‘Fit for the future: ensuring the health and wellbeing of the Australian nursing workforce to sustain future healthcare service delivery,’ in partnership with University of Technology (UTS). The project was promoted in the February and June issues of The Lamp, and Professors Duffield and Perry addressed

Inquiries and Inspections 284 work, health and safety (WHS) inquiries were received throughout the year and dealt with by WHS Officers, organisers, industrial officers and/ or information officers depending on their level of severity and complexity. A summary of the major topic areas by industry sector is set out below. For the public health system the most significant problem area was violence and security (36% of inquiries). Work environment (15.2%), workload/fatigue/ shiftwork (11.6%) and bullying and harassment (11.0%) were also prominent compared to other types of WHS issues. There were significantly more work en viron ment issues raised for the public health system than for the aged care or ‘other’ sectors. For the aged care sector, the most significant problem area was workloads/ shiftwork/fatigue (33.8%), followed by violence and security (22.5) and bullying and harassment (17.5%).

The public health system reported more problems with violence and security than any other sector. The majority of violence and security complaints within the public health system came from mental health, emergency, and drug and alcohol services. In total, 28 workplace matters required significant NSWNMA intervention in the form of inspections, reports, corres pondence, meetings, and/or a complaint to WorkCover as follows: • Public Health System: 20 • Aged Care Sector: 3 • Other: 5

Public Health System

Other

Aged Care Sector

For ‘other’ sectors, the most prominent areas reflected the experience of aged care services with the greatest number

Workplace Health and Safety Inquiries and Inspections Industry Sector

Total, n (%)

Public Health System, n (%)

Aged Care, n (%) Other*, n (%)

Total

284 (100)

164 (100)

80 (100)

40 (100)

Violence & security

84 (29.6)

59 (36.0)

18 (22.5)

7 (17.5)

Bullying & harassment

40 (14.1)

18 (11.0)

14 (17.5)

8 (20.0)

Workload/fatigue/shiftwork

60 (21.1)

19 (11.6)

27 (33.8)

14 (35.0)

Manual handling

10 (3.5)

7 (4.3)

1 (1.2)

2 (5.0)

Work environment

29 (10.2)

25 (15.2)

1 (1.2)

3 (7.5)

Hazardous chemicals & radiation

20 (7.0)

14 (8.5)

4 (5.0)

2 (5.0)

Infection control & diseases

13 (4.6)

7 (4.3)

5 (6.3)

1 (2.5)

Miscellaneous

28 (9.9)

15 (9.1)

10 (12.5)

3 (7.5)

* The term ‘other’ includes disability services, agency staff, private hospitals and the like.

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Submissions, Comments and Reviews Submissions, comments on consul tation documents and reviews included the following: • ANMF WHS related policies (fatigue, workplace stress prevention) • Safe Work Australia Collaborative Projects Plan • Safe Work Australia Guidance Note – Managing Psychological Hazards and Risks • Safe Work Australia Draft Guide for Preventing and Responding to Workplace Bullying • Safe Work Australia Draft Workplace Bullying – A Worker’s Guide • Safe Work Australia Preventing and responding to work-related violence • Safe Work Australia Draft Criteria to determine chemicals for which health monitoring is required • NSW Health Zero Tolerance Policy • Bankstown Lidcombe Code Black Procedure

Hospital

• NSLHD Shades of Grey – Managing the possibilities of the ageing workforce in NSLHD • FACS WHS (multiple)

procedures

• NSW Health Pathology WHS policies (five in total).

Bullying Legislation On 1 January 2014 the amendments to the Fair Work Act providing remedies for workers who are being bullied com menced. These laws only apply to workers of constitutional corporations and so unfortunately will not be available to the majority of public health system nurses

and midwives. Further information about eligibility and the process involved is available on the Fair Work Commission website www.fwc.gov.au. Additional information resources on bullying are available from Safe Work Australia www.safeworkaustralia.gov.au and NSW Health policies and guidelines.

Potential Threats to Work, Health and Safety Threats that have emerged over the past year that have implications for the downgrading of WHS in NSW include the following: • The Federal Government has with drawn funding to unions and em ployer bodies so that they can employ WHS personnel to represent them in consultative forums such as Safe Work Australia and Stan dards Australia committees. As a result, three WHS and workers compensation positions have been lost from the ACTU. The ACTU is now therefore reliant on the goodwill of affiliates to continue to participate in and advocate for workers. • The Queensland Government has introduced a Bill that removes many powers from health and safety representatives (HSRs) and union right of entry holders. The changes will make it more difficult for unions to access workplaces, and for HSRs to request assistance from unions. HSRs will no longer be able to direct work to stop where there is an imminent threat to health or safety. There are concerns that the NSW Government may follow suit. In NSW, the right of unions to

prosecute may also be under threat. • WorkCover NSW is becoming no tice ably less helpful in response to complaints (now referred to euphe mis tically as ‘requests for service’). This is evidenced through the reluctance of inspectors to issue improvement notices and the reduced number of prosecutions. The industry teams within WorkCover have largely been disbanded, inclu ding the Health and Community Services Team. This has resulted in a reduced likelihood that the inspector assigned to investigate a matter will have health and community services expertise and knowledge and out comes have suffered as a result.

WorkCover Assist 2011 Grant More than 5,000 publications and DVDs have been distributed free of charge to nurses and midwives in NSW. Hard copies of the booklet are still available and members are encouraged to request a copy. As a condition of the funding from Work Cover, the NSWNMA is required to evaluate the booklets and DVD. Unfortunately only about 20 evaluation responses have been received which is putting the final funds from WorkCover at risk. Delegates are encouraged to participate in the evaluation to contribute to fulfilling the terms of the WorkCover Grant. The survey takes a few minutes to complete and can be accessed via the following links: www.surveymonkey.com/s/TDWVHR7 Publication Survey www.surveymonkey.com/s/JWPDVFR DVD Survey

Universities & Colleges Undergraduate Students

three WHS and workers compensation positions have been lost from the ACTU. The ACTU is now therefore reliant on the goodwill of affiliates to continue to participate in and advocate for workers.

The Association hosted three nursing undergraduate students during the an nual three week Union Summer Program run in conjunction with Unions NSW. The program enables nursing and midwifery students the opportunity to experience how their union works and aims to develop key student contacts with a sound knowledge to recruit and educate other students within their networks.

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letter of January 2014 (about the same subject) which did not specify rural and regional locations. As well as requests for clinical midwifery educators for small rural and regional units in NSW, the NSWNMA also included similar requests for John Hunter, Westmead and Canterbury hospitals. To date the Midwifery Reference Group has received information there may be some rural educator positions and some additional educator hours for Canterbury Hospital.

Nurse Managers Reference Group

• Public Health System campaign

The Nurses Managers Reference Group has been established following feedback from the Nursing and Midwifery Leader ship forum held in late 2012. The group has met twice this year with the terms of reference being agreed. The aims of the group is to provide an avenue for nursing and midwifery managers to advise and inform the Association on relevant issues, and to allow discussion, debate and the formulation of a colla borative response to issues that impact on nursing and midwifery.

• Environmental health

The specific objectives being:

• Professional Day 2013 and 2014

1 To provide a forum for discussion, debate and action on all relevant matters and issues such as communication, education, and advice on the award and career paths viewed as relevant by nursing and midwifery managers.

Students at Sydney University.

In addition to this, the NSWNMA has recently employed two part-time undergraduate nursing students as Member Development Officers to assist in promoting associate membership via a range of activities amongst nursing and midwifery students across universities.

A summary of the issues PIC has been discussing include: • National Registration issues, such as dual registration, concurrent registration, recency of practice • Policy review, NSWNMA and ANMF • Aged Care sector issues

2014 Transitional Year Recruitment Strategy Once again the new graduate recruitment strategy has been a great success and this year to date, the Association has welcomed over 1,185 first year nurses and midwives to its membership. This is a fantastic result and congratulations to those individuals and branches who work hard every year to recruit and welcome our new graduates.

Professional Issues Committee The Professional Issues Committee (PIC) con tinues to meet second monthly to provide invaluable advice to the Asso ciation’s Professional Officers. The com mittee has reviewed the Association’s policies, position statements and guide lines that are due for discussion and endorsement at this Annual Conference, with 13 for review at this year’s conference. The PIC has also provided comment on the ANMF policies due for review in the period. The number of policies requiring review has increased this year and we are informed that ANMF will have up to another seventy for review over the coming year.

• Transitional Nurses • Bob Fenwick Memorial Grants Program • Edith Cavell Scholarships

Trust

and

Lions

Mental Health Reference Group (MHRG) The Professional Officer Mental Health continues to chair the MHRG and a number of issues were raised over the year including the introduction of AiNs into mental health services, mental health nursing and promotion for better recruitment and retention, mental health education content in preregistration courses and privatisation of mental health community services.

Midwifery Reference Group The Midwifery Reference Group has responded to the NSW Minister for Health’s media release of 31 October 2013 regarding the additional 40 CNE/ CME and CNS/CMS positions to be made available in rural and regional NSW. Included in this letter was a response to the Chief Nurse and Midwifery Officer’s

2 To make collaborative position statements where appropriate, on relevant pertinent issues relating to nursing and midwifery managers, workforce and patient care. 3 To contribute and respond to developments in health care, e.g. research, public opinion, positions of professional groups and political directions which impact on nursing and midwifery managers. 4 To provide input and formulate responses and strategies to relevant issues that impact on the professions of nursing and midwifery, e.g. dual registration. The group is currently developing an e-newsletter and educational sessions of relevant topics for nursing and midwifery managers and emerging leaders.

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Communications

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Media This year the media advisory role has been brought in-house as part of an inte grated communications model. The Media Advisor works closely with the Elected Officers, Managers and officers of the Association to issue media releases around important issues, media moni toring and coordinating media relations to ensure that the Association’s media profile remains viable and credible.

Digital Media The NSWNMA’s digital profile and capa city continues to go from strength to strength to continue to meet the needs of members for new and innovative ways to communicate on technologically driven platforms. A major project was undertaken last year with the launching of a newly redesigned NSWWNMA website (www. nswnma.asn.au) as well as working with the Association’s industrial and organising teams to produce an App. The App was launched at Committee of Delegates in May 2014, with the ‘star’ of the App being the Spot Check calculator. The take up has already been promising and promotion to members will continue. The new website offers a much more dynamic design element with increased interactivity through social media and a new online campaigning platform with information that is much easier to access. Since its launch in September 2013, visits to the site have continued

to increase, and have risen by almost 50 percent per month. The Nurse Uncut blog continues to reach a wide audience, especially in discussions of new graduate employment, aged care nursing and re-entry to practice. 16,500 users visited the blog in June 2014, with almost 60,000 page views. The four main Facebook pages – NSWNMA, Ratios Put Patient Safety First, Nurse Uncut and Aged Care Nurses – continue to grow and generate passionate discussions. There are now over 15,000 dedicated followers, with the pages reaching many more than that number. In a recent post-Budget week, total reach for the NSWNMA page alone was 118,285 people. There are now also an extra 30 branch pages on Facebook, acting as a focus for local branch news and discussion. The Support Nurses YouTube channel also continues to expand, with one highlight being the ROAR video which went viral when released in May, garnering over 5,000 views so far. With an experienced Digital Producer on staff, the use of video and YouTube has become an important part of the Association’s digital activity. Media out lets have used our footage from several activities, including the ADHC “Hands Off Our Disability Services” campaign in Stockton and the Nationals Conference 2014 coverage in Coffs Harbour.

Further web development is being undertaken to keep pace with demand. The backyournurses.org website was developed and launched in conjunction with two nurse to patient ratios TV advertisements which were televised in June.

Marketing and Recruitment Marketing and recruitment initiatives continue to play a vital role in keeping the Association’s profile at a high and very visible level, not only to the membership, but within the general community and the professions. Our major sponsor, First State Super, sponsored the inaugural Nurses and Mid wives’ Short Story Writing Competition to great success. There were over 60 entries which covered a range of topics, including communication; aged care; community nursing; interaction with patients and relatives; loneliness; courage; and being new to the profession. Arch Sirodom, a student nurse from Lewisham, captured the attention of the judges with his short story, Her Smile, about the impact nurses experience when connecting with patients for the first time, both verbally and through touch. Her Smile claimed the $2,000 first prize.

Twitter is an increasingly vital commu nications channel. @nswnma is followed by 3,500 organisations and individuals, including media, politicians and NGOs. In the vital post-Budget week, Association tweets reached 10,800 readers.

The App was launched at Committee of Delegates in May 2014, with the ‘star’ of the App being the Spot Check calculator. The take up has already been promising and promotion to members will continue.

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Conclusion

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We have committed our union to the long battle for safer patient care and maintaining our role as nurses, midwives and assistants in nursing to being forces for change in whatever sector we work in. We must therefore be capable of cam paigning in the long term as we face many challenges, with strong forces of profit and cost-cutting feeding the needs of Governments that see the economy as the most important thing rather than a society. We are a powerful and influential voice as respected professionals and as a movement. We continue to participate on the world stage via Global Nurses United and Public Services International and such efforts help our strength through unity. However, most importantly, we all must play a role in having our voices heard and counted when it comes to the governance of our State and our country. In March 2015 we face a State election with a great deal riding on the outcome for our members and the community. We must use as much of our capacity as we can to get our messages to the community and the politicians they elect. We want a safer public health system that remains in the hands of the public, not the private sector with its requirements to turn a profit or surplus for their shareholders out of the fundamental delivery of a public good. We need a State Government who will deliver a disability service for those most in need and for whom a nongovernment provider is not their choice. We need a State Government who will respect their workers and restore the rights to a fair wages bargaining system, with independent umpires to settle those things that cannot be agreed.

We need a decent workers compensation system that truly cares and looks after those that are injured as a result of going to work, whether on the way to or from or at work. We need a State Government that actually cares for the people not just the economy and the bottom line.

Acknowledgments I take this opportunity to formally recognise and acknowledge the people who give so much of themselves to make our union a great union in NSW. Recognised not only across Australia but around the world by our sister unions and other progressive organisations and people. Coral Levett, our President, continues to provide invaluable support and guidance for the leadership of the NSWNMA and ANMF. Coral’s role as our President and as Federal President of the ANMF, is an enormous credit to her and a major contribution to the nurses and midwives across Australia. I also thank all of the Councillors for their contribution to the leadership and proper management of this union. Their job is not easy or often recognised but it is of enormous value to the union and its members. New laws at the Federal level articulate increasing levels of responsibility for which they receive little reward, other than knowing their efforts are benefiting their fellow workers and our society. Judith Kiejda, our Assistant General Secretary, has had another big year providing her usual level of enthusiasm, drive and passion. Judith’s commitment to the Sydney Alliance, Public Services International, Global Nurses United and most importantly to our ongoing quest

for the improvement and expansion of nurse to patient ratios and the delivery of safe patient care is exemplary. I am proud to say that Judith and I continue to work as a balanced leadership team as we have done for the last 12 years of our leadership. I look forward to continuing to work with Judith as we complete our current term of office and stand again in 2015 when the membership has the ultimate opportunity to judge us at the NSWNMA election. As a leadership team we can only deliver for our members if we have the support of our staff, Councillors, Delegates and members. The Executive office staff of Maggie Potts, Alyce Gillespie, Kerry Halliday and Karen Chesher are all absolutely critical to Judith’s and my capacity to do our jobs and I am grateful for their dedication and many long hours doing their job to make our union what it is. I wish to thank the Senior Leaders Group, team coordinators and their team members – the staff of the NSWNMA – for their continued strong commitment to working for the members in what are externally difficult environments. We all face a much more hostile environment in the workplaces we try to gain access to and on the broader political front but I am very proud to be able to say to our delegates that our staff are up for the challenges ahead. The challenges of running multiple campaigns and maintaining our regular service to members is enormous. However, I am confident that our staff working with you, the Delegates and branch officials, can make a real difference in the fight to retain a decent Australian way of life that delivers safer health, disability and aged care for all Australians not just those that can afford it. Please join with me in recognising the work that we all do for our union and its members who are the New South Wales Nurses and Midwives’ Association.

we all must play a role in having our voices heard and counted when it comes to the governance of our State and our country.

Brett Holmes General Secretary

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New South Wales Nurses & Midwives’ Association

Summary of the Financial Statements for the Year Ended 31 December 2013 The financial statements of the New South Wales Nurses and Midwives’ Association have been audited in accordance with the provisions of the Industrial Relations Act 1991, and the following summary is provided for members in accordance with Section 517(2) of the Act, as applied by section 282(3) of the Industrial Relations Act, 1996.

A copy of the Financial Statements, including the Independent Audit Report, will be supplied free of charge to members upon request. Certificates required to be given under the Act by the Accounting Officer and the Committee of Management have been completed in accordance with the provisions of the Act and contain no qualifications.

Summary of the Financial Statements for the year ended 31 December 2013 2013 ($)

2012 ($)

Membership revenue

29,449,258

27,621,785

NursePower revenue

3,293,807

3,083,215

1,421,133

1,664,349

Other income TOTAL INCOME

34,164,198

32,369,349

(36,022,474)

(30,524,519)

(1,858,276)

1,844,830

Profit on disposal of assets classified as held for sale

3,983,891

Reversal of impairment loss – O’Dea Ave, Waterloo

2,097,394

Loss on disposal of available for sale financial assets

(897,236)

Share of losses of investment in joint venture operations

(340,201)

(1,858,276)

6,688,678

383,714

1,364,388

Remeasurement of net defined benefit liability

1,388,239

17,125

TOTAL COMPREHENSIVE INCOME ATTRIBUTABLE TO MEMBERS

(86,323)

8,070,191

LESS TOTAL EXPENDITURE

RESULT FOR THE YEAR Net gain on revaluation of financial assets

Balance Sheet as at 31 December 2013 ACCUMULATED FUNDS

32,041,103

32,127,426

13,831,974

14,640,824

28,692,932

28,722,350

42,524,906

43,363,174

9,068,090

8,629,270

1,415,713

2,606,478

TOTAL LIABILITIES

10,483,803

11,235,748

NET ASSETS

32,041,103

32,127,426

Information to be provided to members or Registrar In accordance with the requirements of the Industrial Relations Act 1991 [NSW], the attention of members is drawn to the provisions of Sub-sections (1) and (2) of Section 512 which read as follows: (1) A member of an organisation, or the Industrial Registrar, may apply to the organisation for specified information prescribed by the regulations in rela tion to the organisation. (2) An organisation must, on the making of such an application, make the specified information available to the member or the Industrial Registrar in the manner, and within the time, prescribed by the regulations.

Auditor’s Certificate We certify that the above Summary of the Financial Statements is a fair and accurate summary of the Report, Accounts and Statements of the New South Wales Nurses and Midwives’ Association for the year ended 31 December 2013. Our Independent Audit Report to the members dated 6 May 2014 on the Financial Report did not contain any particulars of any deficiency, failure or shortcoming as referred to in the Industrial Relations Act 1991 [NSW], as applied by Section 282(3) of the Industrial Relations Act, 1996.

Represented by: Current assets Non-current assets TOTAL ASSETS Current liabilities Non-current liabilities

DALEY & CO Chartered Accountants 6 May 2014 Wollongong

Michael Mundt Partner

Liability limited by a scheme approved under Professional Standards Legislation

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FOR MORE INFORMATION NSW Nurses and Midwives’ Association 50 O’Dea Avenue, Waterloo NSW 2017 Phone 8595 1234 (metro) • 1300 367 962 (non-metro) Fax 9662 1414 Email gensec@nswnma.asn.au Web www.nswnma.asn.au

Report to 2014 annual conference www.nswnma.asn.au