Lamp April 2019

Page 37

YOUR RIGHTS

Ask

Judith Breaking News Workplace accommodation in the NSW Health Service The release by the Ministry of Health of a new Policy Directive (PD) on workplace accommodation in the NSW Health Service is expected shortly. The new PD arises from a number of appearances by the NSWNMA in the Industrial Relations Commission of NSW. The new approach abandons the previous framework, which mandated the provision of enclosed office space to a number of positions within hospitals. The new PD (compared to earlier drafts) is better for the involvement of the Association. Its reach has at least been limited to ‘so-called’ non-operational areas. Accordingly, NUM/MUM offices are for example considered operational and will fall outside the scope of the PD, and will be managed under the Australasian Health Facilities Guidelines. The consultation framework is significantly tightened. Workers and unions must be consulted before any final floor plan is confirmed so a genuine opportunity exists to influence the outcome. It is open to workers and unions during the consultation process to advocate that certain positions – outside operational areas – warrant enclosed office space due to the nature and scope of their roles. Despite this progress, the new PD still means the starting point for nurse managers or specialist nursing and midwifery roles will be that no specific enclosed office space will be provided. The Association continues to believe that this approach is counter-productive and will ultimately reduce productivity and impact upon the management and delivery of the clinical journey. This is a misguided approach.

Changes to rosters I am a registered nurse working in a public hospital. Recently the hospital notified us that rosters would be changed, that have been in place for some time. Can they just decide?

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

In short, no, and disappointingly these types of unilateral changes arise too often without regard to collective or individual worker rights. Clause 6 (Introduction of Change) in the Public Health System Nurses’ and Midwives’ (State) Award sets out a number of examples that would require notification to employees and the Association to trigger consultation. One such situation is where: “… the alteration of hours of work for a … group of employees” is sought. Consultation is required to identify likely impacts, as well as measures that could mitigate any adverse effects. A good starting point for any discussion, of course, is always why the change is necessary.

Next pay increase at Estia When is the next pay increase due for nurses working in a nursing home run by Estia? Under the Estia Health NSW Enterprise Agreement 2016, the next pay increase (of 2.4 per cent) will commence in the first full pay period on or from 1 July 2019.

A change in bullying policy I work in a public hospital and have been told that the policy regarding the prevention of bullying has changed. Is this true? Yes. PD2018_016 (Prevention and Management of Workplace Bullying in NSW Health) was released last year. One of the important changes is an increased emphasis on prevention (Section 3). Increased recognition is placed on workplace bullying being a potential (or actual) work, health and safety (‘WHS’) issue, which will necessitate adopting a risk management approach as required by WHS legislation. The PD identifies a number of factors that contribute to incidences of bullying in the workplace, including: leadership style; change management practices; systems of work; workload; staffing levels; uncertain job expectations; skills gaps; workplace relationships; and

the work environment. Work has started to develop and introduce more standardised methods to be adopted across the state under the risk management approach. Good policy is a start. But good practice and changing culture is a real challenge in an environment where bullying, according to the 2018 People Matter Employee Survey, remains at worrying levels in the health system.

eLearning at Bupa I recently started working at a nursing home operated by Bupa. I have been told that I need to complete online learning. Is this in my own time? No. Per Clause 31.4 of the Bupa Aged Care Australia, NSWNMA, ANMF (NSW Branch) and HSU NSW Branch, New South Wales Enterprise Agreement 2018, Bupa requires employees to complete core modules through eLearning. This would normally be completed in work time. No employee will be expected or required to complete modules in their own time or on an unpaid basis.

Time in lieu of overtime I am currently working at the Northern Beaches Hospital under the Healthscope agreement. There is a fair bit of overtime around so I was wondering if I can take the time off instead? Under Clause 19(xiii) of the Healthscope Group – NSWNMA/ ANMF – NSW Nurses and Midwives’ – Enterprise Agreement 2015–2019, you can by mutual agreement take time off in lieu of receiving the overtime payment. It must, however, be taken within six months of it being accrued. If this is not possible, it is to be paid out at the appropriate overtime rate based on the rates of pay applying at the time payment is made. Accurate records must be maintained by your employer of hours owed.

THE LAMP APRIL 2019 | 37


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