Claims by the NPAQ as appointed bargaining agent

  1. DISMISSED: Pay rates parity to Queensland Health including percentage increases annually. 
  2. TECHNICAL (Change in Shift Worker definition): No erosion of existing conditions. 
  3. DISMISSED: Professional development days increased to 5 paid days for full-time employees, pro rata for part-time and casual employees, however, capped at no less than two days, exclusive of existing mandatory training; or
    • A Professional Development Payment of $2,000 for course costs.
    • Approval of leave to be undertaken within two weeks of application and priority leave assessment to support early-bird rates.
    • This payment should be made directly to the employee on 1st of March each year.
    • Right of appeal if course or leave declined
  4. PROMISE BY MGMT (Nothing in proposed agreement): Late arrival:
    • An employee who is late is only docked the exact minutes of lateness.
    • An employee who extends the shift to cover the late arrival time only is required to work the precise minutes of lateness.
  5. PROMISE BY MGMT (Nothing in proposed agreement): Employees paid for all time worked including all allowances.
  6. DISMISSED: No direction to take annual leave unless 10 weeks accrual remains after the directed annual leave is taken.
  7. DISMISSED: No direction to take long service leave and LSL to be taken by agreement and if agreement cannot be reached, the dispute resolution clause enacted.
  8. DISMISSED: Local Consultative Forum
    • This clause to include specific dates to meet periodically. 
  9. DISMISSED:Casual Employees
    • Changed to be paid at 25% in addition to prescribed minimum rate.
  10. DISMISSED: Severance Pay
    • Employees with more than 9 years service are to be paid 1.75 weeks per year of service.
  11. DISMISSED: Superannuation
    • Voluntary salary sacrifice of superannuation deductions to paid to Super fund at time of deduction.
  12. DISMISSED: Roster change - clause 6.4.4 to say:
    • Where there is a genuine occupational requirement for roster change and if mutually agreed between the employee(s) concerned and the employer, there can be a change to the roster within 14 days of the proposed shift change and this agreement to be in writing”.
  13. DISMISSED: Hospital Nurse Managers who are required to remain on site for the course of their shift:
    • Will be paid at overtime rates for the current unpaid meal break. 
    • will be paid at the ADON rate when they are the primary on-site contact.
    • The current $2.00 / hour allowance that is paid is added to the agreement and extended to be brought forward from 19:00 to 16:00 and extended from 0:700 to 0:800 Monday to Friday, excluding public holidays, but otherwise continues with all other hours as currently paid.
    • Accrual of TOIL will accrue 38 Hrs max whereby all further hours will be added to annual leave totals. The employer will not unreasonably refuse an employees request to take toil.
      • Toil may be taken with a period of annual leave/ Maternity leave/ study leave/ long service leave. (b) tighten up who is a shift worker.
      • TOIL will be taken in priority of all other leave at the employee’s request.
  14. DISMISSED: Permanent night worker definition to change to two shifts per fortnight
  15. DISMISSED: Breaks and Penalty Rates
    • Public Holidays to be paid at a rate of 200%
    • Christmas Day to be paid at a rate of 300%
    • Overtime to be paid at a rate of 200% for every hour over 6 hours worked without a meal break until a 30 minute break is provided.
    • Regular overtime on shifts longer than rostered hours and weekly hours over 38 to be paid at:
      • 200% Monday - Friday
      • 250% Saturday - Sunday
      • 300% Public Holidays
    • TOIL accrual limit raised to 38 hours and accrued at the highest overtime rate applicable
    • Employee to nominate Holy day to be paid at 300%
  16. DISMISSED: Voluntary Extra Shifts
    • Return of clauses from the former agreement for up 100 hours per fortnight.
  17. DISMISSED: Payroll error:
    • Where any payroll error has been identified after the due date of payment, will be compensated at 25% additional of what was due to be paid.
  18. DISMISSED: Clause 20 of the Nurses Modern award provisions for superannuation to be inserted into the Agreement.
  19. Employees have the ability to opt in for an annualised salary with criteria to protect the BOOT, and costed with variables where regular overtime, working through breaks and banked TOIL that remains at or near the cap on a repeated basis.
  20. DISMISSED: Add a Prevention of Workplace Bullying clause
  21. ACCEPTED: Maternity leave increased to 12 weeks full time or 24 weeks half time.
    • Provision for a parent to nominate the shifts they work for the first 12 months on return to the workplace.
    • Parents breastfeeding shall have 30mins added to their meal break to allow for milk expressing / feeding of their child. Employee to nominate the time of this break at the beginning of their shift.
    • Employees who have responsibility for a child under the age of 13 years/ a disabled or chronically ill member of their household can ask to have the start and finish time of their shift adjusted within the first and last hour to accommodate these responsibilities without loss of position.
  22. DISMISSED: Wherever the word Union appears in the agreement add the words “NPAQ or other organisation of employees or other representative of the employee’s choosing”
  23. ACCEPTED: Domestic Violence Leave defined in accordance with AM2015/1 Family & domestic violence clause from the FWC but for the leave to be paid, not unpaid.
    • A clause to allow transfers within the organisation without the loss of status or entitlements for victims of domestic violence or those affected by it.
  24. DISMISSED: Each position employed at the hospital will be placed in a schedule to linked to a specific classification and an employee cannot be paid less than this classification and pay point.
    • All paypoints for all roles as currently paid are grandfathered into the agreement.
  25. DISMISSED: Any words or drafting of agreement where it is open to interpretation to be defined in the definitions section of the EBA. To aid in clarity, specific definitions in the Agreement should be referenced where possible to avoid ambiguity, but specific concerns for poorly interpreted clauses.
  26. DISMISSED: Nurse to patient ratios to be agreed.

 

 

Claims by UCH

 

Shift worker definition - You will now need to work 10 night shifts per year in order to qualify for the additional week of annual leave.

Public holiday pay - For a full-time worker to be paid for a public holiday, they must have worked that particular day of the week in the last six months.

Summary - although these aren't drastic changes, they are a minor restriction of your condidtions.

UCH is also offering an extra week maternity leave and domestic violence leave.

 

 

NPAQ Recommendation

 

Given the number of rejected claims, an almost negligible increase in benefits, and the impingement on freedom of association - the NPAQ currently recommends a NO vote when the Enterprise Agreement is voted upon. We understand that this is a David and Goliath situation as both UCH and the QNMU will be advocating for a YES vote.

 

What about Back Pay?

 

If you vote NO to the proposed agreement, UnitingCare Health may take pack pay off the table. If you vote NO, we will have a stronger case to include our claims. We have prepared below a summary of your estimated back pay. Please consider whether the claims we are hoping to have included (above) outweigh the below.

Back Pay Period 31 July

14 November

     

Roles

RN Level 1.2 RN Level 1.8 EN Paypoint 1 EN Paypoint 6 AN Paypoint 1

Amount per fortnight

(working 48 hours)

$40.32 $51.84 $35.04 $38.88 $31.68

Total Amount

(assuming 14 Nov FWC approval)

$141.12 $181.44 $122.64 $136.08 $110.88

 

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