General Secretary’s Report - members.nswnma.asn.aumembers.nswnma.asn.au/wp-content/uploads/2015/06/CoD-Gen-Sec... · General Secretary’s Report ... held at 50 O’Dea Avenue,

General Secretary’s Report New South Wales Nurses and Midwives’ Association

Committee of Delegates Meeting

held at 50 O’Dea Avenue, Waterloo

Tuesday, 18 November 2014

Table of Contents

Tax Justice & Fair Trade Campaigns 5

ROBIN HOOD TAX / G20 EVENTS 5

TRANS PACIFIC PARTNERSHIP (TPP) 6

Royal Commission into Trade Unions 6

EXTENSION OF THE ROYAL COMMISSION 6

NSW Government 7

ELECTION FUNDING, EXPENDITURE AND DISCLOSURE AMENDMENT BILL 2014 7

RATIOS PETITION 7

WORKERS COMPENSATION 8 Injured Workers 8 Reviews of the WorkCover Authority of NSW & Workers’ Compensation (Dust Diseases) Board 9 Disability Sector and WHS 9

Anti-Privatisation Campaigns & Privatisation Issues 10

NORTHERN BEACHES HOSPITAL 10

MAITLAND AND BYRON CENTRAL HOSPITALS 11 New Maitland Hospital: anti-privatisation campaign 11

AGEING, DISABILITY & HOME CARE (ADHC) 12 Hands Off our Public Disability Services campaign rally 12

OTHER PRIVATISATIONS 12 Manning Hospital – Taree 12 Hastings Macleay Clinical Network Expansion Projects 12

MEDICARE 12

NSW Ministry of Health 13 INDUSTRIAL DISPUTE - SYDNEY LOCAL HEALTH DISTRICT 13

NSW Nurses and Midwives’ Association v Crown in the Right of the State of New South Wales (Director General NSW Ministry of Health in respect of Sydney Local Health District [2014] NSWComm 54) 13

PUBLIC HEALTH SYSTEM NURSES’ AND MIDWIVES’ (STATE) AWARD 14

2015 Campaign Preparation - Working Groups 14

Report by the General Secretary to Committee of Delegates

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Local Health Districts 14

HUNTER NEW ENGLAND LOCAL HEALTH DISTRICT 14 Mental Health 14

Amalgamation Intensive Care Community and Clinical Liaison Teams 14

Inverell District Hospital 15 John Hunter Hospital 15 Manning Base Hospital 15 Port Stephens Community Palliative Service 15 Tamworth Rural Referral Hospital 16 Wallsend Aged Care Facility 16

ILLAWARRA SHOALHAVEN DISTRICT LOCAL HEALTH DISTRICT 16 Shellharbour Hospital 16 Shoalhaven District Memorial Hospital 17

MID NORTH COAST LOCAL HEALTH DISTRICT 17 Community Mental Health - Acute Care Service 17

MURRUMBIDGEE LOCAL HEALTH DISTRICT 17 Local Health District 17

Christmas closure 17 Albury Wodonga Health 18

Transfer of Rehabilitation Services 18 Wagga Wagga Base Hospital 18

12 Hour Shifts 18 Security in Mental Health 18

NORTHERN NSW LOCAL HEALTH DISTRICT 18 Byron Shire Central Hospital 18 Community Health 18 Lismore Mental Health 19 Nimbin Multi-Purpose Service 19

NORTHERN SYDNEY LOCAL HEALTH DISTRICT 19 Royal North Shore Hospital 19

Privatisation of Childcare Service 19 1:3 in ED Campaign 19

SOUTH EASTERN SYDNEY LOCAL HEALTH DISTRICT 20 Prince of Wales Hospital 20

Seasonal Bed Platform 20 Mental Health Kiloh Unit 20

St George Hospital 20

SOUTH WESTERN SYDNEY LOCAL HEALTH DISTRICT 20 Campbelltown Hospital 20

Special Care Nursery 20

SOUTHERN NSW LOCAL HEALTH DISTRICT 20 Queanbeyan District Hospital 20

10 Hour break between shifts 20 Chisholm Ross Centre 21

Admission and ‘Specialling’ issues 21

WESTERN NSW LOCAL HEALTH DISTRICT 21 Cowra District Hospital 21 Dubbo Base Hospital 21 Dunedoo Health Service 21

WESTERN SYDNEY LOCAL HEALTH DISTRICT 21 Local Health District 21


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Specialty Networks & ADHC 22

JUSTICE HEALTH & FORENSIC MENTAL HEALTH NETWORK 22 Staffing Arrangements 22 Work bans 22

Private Hospitals 22

BARGAINING CAMPAIGNS 22 Evolution Health Care 22 Hawkesbury District Health Service 22 Ramsay Private Hospitals 23

WORKPLACE MATTERS 24 Karitane 24 Wesley Private Hospital - Ashfield 24 Westmead Fertility Clinic 24

Aged Care Sector 25

QUALITY AGED CARE ACTION GROUP (QACAG INC) 25

REVIEW OF THE NSW PUBLIC HEALTH ACT 2010 25 Ministry of Health Aged Care Steering Committee 25 Aged Care Campaign for registered nurses 24/7 in residential aged care 26

BARGAINING CAMPAIGNS 27 ACS Template agreement 2014-2017 Renegotiation 27 Aged Care Services Australia Group 27 Allity Aged Care 27 BaptistCare 28 Northern Coalfields Community Care Association 29 Mercy Aged Care Services Singleton 28 Sir Moses Montefiore Jewish Home 30

WORKPLACE MATTERS 30 Aurrum Pty Ltd 30

Veronica Nursing Home and Mathew John Nursing Home 30 BaptistCare 30

Kara Centre for Aged Care 30 Buckland Aged Care Services 30

Buckland Convalescent Hospital 30 Moran Health Care 31

Moran Health Care, Sylvania 31 St Catherine’s Aged Care Services 31

Bethany Nursing Home - Eastwood 31 UnitingCare NSW/ACT 31

McKay Nursing Home 31 Wesley Gardens Nursing Home 31

Community Sector 32

SYDNEY ALLIANCE 32


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Professional Matters 32

SUBMISSIONS AND INQUIRIES 32 Draft Disability Inclusion Regulations 2014 32 Private Health Insurance in Primary Care Settings 33

MENTAL HEALTH MATTERS 33 Strategic Plan for Mental Health in NSW 33 Bob Fenwick Mentoring Grants Program 34 NSW Rural Mental Health Network 34

SCHOLARSHIPS 35 Lions Nurses’ Scholarship Foundation 35

UNIVERSITIES AND COLLEGES 35 NSWNMA Research Partnership Project with UTS 35

WORK HEALTH AND SAFETY MATTERS 35 Asbestos in Health Care Facilities 35 Declaration of Emergency Departments as Mental Health Facilities 36 Nurses and Midwives’ Uniforms 36 Bathurst Base Hospital Emergency Department 36 Mudgee Health Service 36 Murwillumbah Hospital 36

OTHER PROFESSIONAL MATTERS 37 Environmental Health 37 Incident Information Management System 37

LEGAL MATTERS 38

Member & Delegate Education 38

BRANCH OFFICIAL ACTIVIST TRAINING 38

MEMBERS’ EDUCATION AND SEMINAR PROGRAMS 39

Professional Issues Committee 39

PROFESSIONAL ISSUES COMMITTEE 39 Midwifery Reference Group 39 Mental Health Reference Group 40

Annexure 1 41

OTHER BARGAINING UNDERWAY 41

NEW AGREEMENTS APPROVED BY EMPLOYEES 42


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Tax Justice & Fair Trade Campaigns

ROBIN HOOD TAX / G20 EVENTS

November saw the NSWNMA embark on an historic tour along the east coast of NSW to Brisbane in time to join the G20 events on 15 and 16 November, 2014. The Association organised this event as the G20 was increasingly looking to the privatisation of services, while cutting access to support. The aim is to offer a counter proposal, that investment in publicly-run services will generate the economic growth the world needs after the GFC, with the added bonus of making communities stronger. All of this is affordable if governments close the loop holes on tax avoidance and tax evasion, and if governments introduce the Robin Hood Tax.

The tour launched when General Secretary, Brett Holmes was joined by ANMF Secretary, Lee Thomas, and ANMF Assistant Secretary, Annie Butler, in lobbying Federal MPs in Canberra on the Robin Hood Tax. Meetings were held with The Hon Chris Bowen MP, Opposition Treasurer, The Hon Dr Andrew Leigh, Shadow Assistant Treasurer and a representative from the Greens. No government Minister agreed to meet the delegation.

The tour gained support from not only NSWNMA members, but also members from other public sector unions including the Community and Public Sector Union (CPSU), Electrical Trades Union (ETU), Australian Services Union (ASU)/United Services Union (USU) and the NSW Teacher's Federation (NSWTF). With this cross-sector approach public sector workers can indeed convince communities, and those elected to govern, to Bring the Robin Hood Tax to Australia.

Tour sites included Wollongong, Parramatta, Gosford, Newcastle, Tamworth, Port Macquarie, Coffs Harbour, Lismore and Tweed Heads, culminating in three events in Queensland: a welcome from QNU members at the Gold Coast Hospital, an evening forum and finally a forum in the lead up to the G20. At this final forum the NSWNMA and QNU hosted Oxfam, Public Services International, National Nurses United and the ANMF in a global event that argued for public investment in public services, the need for universal health care and tax justice.

In an unscheduled opportunity Brett Holmes and Deborah Burger, RN Co President of National Nurses United (USA) were given the opportunity to address the L20 in Brisbane on the issues of the FTT and the Ebola crisis and its connection to a lack of a properly funded public health system in all of the countries in West Africa worst affected by the Ebola epidemic.

Media coverage of the event was widespread and it is fair to say that the NSWNMA has led the way on bringing the Robin Hood Tax to Australia. The Association will now consider ways of increasing the public sector union solidarity on this campaign in 2015 to save, and properly fund, public services.

Grateful thanks are extended to member Connie Cullen and Councillor Gary Clark, who gave up two weeks leave to join the tour, along with the dedicated activists in each of the centres that helped build attendance by handing out flyers, talking to the media and community groups and encouraging people to attend the forums.


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The tour was a clear example of the magnificence of NSWNMA members, the work they are prepared to undertake and demonstrates why they are the envy of other unions. History has only ever been changed through the actions of people like these members, doing the seemingly small things that are so fundamental to change. The Association expresses its appreciation to those who helped to Bring the Robin Hood Tax to Australia.

TRANS PACIFIC PARTNERSHIP (TPP)

Despite attempted Federal Government reassurances to the contrary, Australians’ access to affordable medicines remains under threat as negotiations around the TPP continue. Leaked documents show that extending the patent on medicines remains alive in the demands being made, and Australia seems to be willing to accept this extension. For patients, hospitals and members, this will mean increased costs as generic medicines take longer and longer to come on to the market. Deep concerns remain around the ability of foreign companies to sue the democratically-elected governments for passing legislation that is deemed to harm their profits, even if those laws are in the interest of health or the environment. The Association has continued to participate in AFTINET (Australian Fair Trade and Investment Network) rallies. Two recent rallies were held on 25 October 2014 outside the Sheraton Hotel Sydney as Trade Ministers from the participating countries met inside, and again on 8 November 2014 near the Opera House as a part of an international day of action against the TPP.

Royal Commission into Trade Unions

EXTENSION OF THE ROYAL COMMISSION

The Hon John Heydon, Commissioner for the Royal Commission into Trade Unions wrote to the Attorney General on 2 October 2014 advising that he had uncovered evidence of widespread criminality involving certain union officials. It included: violence, cartels, secondary boycott and contempt of court and he suggested “a more thorough investigation”. Attorney General George Brandis announced an extension of the Royal Commission to 31 December 2015. This date is twelve months later than the original expected conclusion of the Commission and is despite the Commissioner stating he can complete the inquiry two weeks ahead of the original deadline and that he can make findings and recommendations within this time.


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NSW Government

ELECTION FUNDING, EXPENDITURE AND DISCLOSURE

AMENDMENT BILL 2014

The Election Funding, Expenditure and Disclosure Amendment Bill 2014 (the Act) was amended by State Parliament in October 2014; the amendment was introduced to the Legislative Assembly on 14 October 2014 and rushed through both Houses of Parliament within a week. The amendments provide for:

An estimated additional $10 million per electoral cycle of public funding for political parties, candidates and prospective candidates. Based on historic costs, this would amount to approximately $30 million for the next 2015 election. In an extract from The Conversation on 16 October 2014 entitled ‘NSW is introducing full public funding for major political parties – by stealth’, Anne Twomey, Professor of Constitutional Law at University of Sydney states: ‘In the last election year of 2011, $15,076,709 was paid to political parties and $4,938,363 to candidates in reimbursement of electoral communication campaign expenses. That same year, $9,581,460 was paid in administrative expenses to parties …’.

Increased penalties for breaches of the Act, including imprisonment for between two and ten years, depending on the offence.

A decrease of the cap on electoral communication expenditure to $1,050,000 (inclusive of GST). The amendment initially reduced this amount to $250,000 and the Association was examining a High Court challenge on the basis of restriction on the implied freedom of political communication under the Constitution.

The Association has sought legal advice in an attempt to clarify its position, on any campaigns that may or may not be captured by the Act. The Election Funding Authority, the regulator of the Act, was unable to clarify the position and the Association is examining the option of applying to the Supreme Court for a declaration of the meaning of the relevant section of the Act [s 87(4)], particularly in relation to one or two of the current campaigns; for example, the Ratios campaign.

RATIOS PETITION

On 6 November 2014, the NSW Parliament ‘debated’ in the Legislative Assembly the first batch of NSWNMA petitions that had been handed to Minister Skinner at the 2014 Annual Conference. Over 20 Association members and staff, along with four members of the Sydney/Sydney Eye Hospital branch, witnessed the debate from the public gallery. Delegates and members will not be surprised by the Minister’s predictably negative response that the NSW Government does not support mandated nurse to patient ratios.


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The Opposition response reinforced the stark policy differences with Mr Ron Hoenig MP stating that ‘Labor supports nurse-to-patient ratios in our hospitals’. Mr Jamie Parker MP sought leave to make a contribution to the debate; this application was denied but Mr Parker spoke with members outside the chamber emphasising his commitment to ratios. Dr Andrew McDonald MP, former Opposition health spokesperson, sat with the NSWNMA contingent during the debate as a show of solidarity. During Dr McDonald’s valedictory speech to Parliament on 12 November 2014, he highlighted his belief that mandated minimum nurse to patient ratios are essential for the future of the public health system.

WORKERS COMPENSATION

Injured Workers The NSW Government has finally addressed some of the detrimental changes to the benefits for injured workers. The following changes have been introduced effective from 1 September 2014 but they only apply to injured workers who made a claim for compensation in respect of an injury made before 1 October 2012. The changes include: Payment for reasonably necessary medical and related treatment until

retirement for workers with a whole person impairment between 21% and 30%;

Payment for crutches, other artificial aids and spectacles as well as hearing aids and batteries until retirement age;

Payment for modification to a worker’s home or vehicle until retirement;

Payments to workers injured in the 12 months prior to retirement age are

now the same as for those who were injured at, or after retirement age – that is, access to weekly benefits for 12 months;

The time limit under section 59A (which provides that compensation is not payable for medical treatment provided more than 12 months after the last date upon which weekly payments were made) does not apply to “secondary surgery” (where it is “directly consequential” on earlier surgery and affects a part of the body affected by the earlier surgery) and is approved by the insurer within two years after the initial surgery.

Work Capacity Decisions of insurers are stayed until conclusion of the review process providing that the original application for review of the insurer’s decision is made within 30 days.

Work Capacity Decisions for workers who were being transitioned (existing weekly recipients as at 1 October 2012) must now be made before 31 August 2015. Work Capacity Decisions made between 31 March 2014 and 1 September 2014 are retrospectively validated as being in time.


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Reviews of the WorkCover Authority of NSW &

Workers’ Compensation (Dust Diseases) Board Earlier in the year the Association made a submission and gave oral evidence to the New South Wales Legislative Council’s Standing Committee on Law and Justice regarding the Reviews of the WorkCover Authority of NSW and Workers’ Compensation (Dust Diseases) Board. The Association’s evidence focused upon the fact that many employers continue to evade their workers compensation obligations by failing (or refusing) to provide suitable work to their injured workers. The final report of the Standing Committee has just been released and the following recommendations have been made:

Recommendation 11 That the WorkCover Authority of NSW review the mechanisms used to ensure compliance with the return to work provisions contained in the Workplace Injury Management and Workers Compensation Act 1998, and consider introducing incentives to encourage compliance and penalties for non-compliance. Recommendation 12 That the WorkCover Authority of NSW undertake an education campaign to inform employees and employers of their rights and obligations in regard to returning to work following an injury.

Recommendation 12 was one of the Association’s recommendations. The NSW Parliamentary Review Committee have recommended that the State Government should consider further changes such as restoring all the medical benefits removed from injured workers in 2012 and allow lawyers representing injured workers to be paid or recover fair and reasonable fees associated with compensation claims. Further, they noted that some employers failed to understand or adhere to their obligations to provide suitable employment and called on WorkCover to consider introducing incentives to encourage compliance and penalties for non-compliance regarding the injured workers rights to return to work.

Disability Sector and WHS The report on the Review of the exercise of the functions of the WorkCover Authority was released on 17 September 2014. The report primarily dealt with the effectiveness and fairness of workers compensation reforms implemented in 2012, with recommendations for improvement. Unexpectedly, representatives from the National Disability Services both appeared at the inquiry to make comment on the following: The growing participation of people with a disability in the workforce and

community is presenting challenges to the workers compensation scheme and creating tension between the disability services and work health and safety legislations.


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The challenges confronting providers trying to meet their obligations to eliminate, minimise and control workplace risks at the same time as upholding the ‘dignity of risk’ of the people who choose their services.

The portability of funding under the proposed national disability arrangements means that clients may elect to have services delivered by organisations that are less rigorous in regard to health and safety requirements.

Allocation of individual packages to people with disabilities may render

some of these individuals ‘persons conducting a business or organisation’ (PCBU), as far as WHS legislation is concerned. Part of the flexibility of the proposed scheme is that package funds can be used to directly employ someone to provide services in their home, which then becomes a workplace of which they are the PCBU.

The potential impact of an increasing number of people with a disability

both in the workforce and as employers, suggesting it could result in ‘superimposed inflation’ on the workers compensation scheme.

The committee did, however, make clear comment that while people with a disability have the right to choose the support they receive from disability service providers, employees have the right to work in a safe workplace where the risk of injury is minimised. Recommendations arising from this segment of the inquiry relate to the development, by WorkCover, of risk assessment practice guidelines, guidance material on WHS and disability sector specific training material for WorkCover inspectors.

Anti-Privatisation Campaigns & Privatisation Issues

NORTHERN BEACHES HOSPITAL

On 1 October 2014, the NSWNMA held a forum on the Northern Beaches on the Americanisation of the health system through dismantling Medicare and privatisations of health. Speakers included Professors John Quiggin and Ben Spies-Butcher who specialise in the economic impacts of privatisation and public policy: the message was clear that privatisations of public assets always result in higher costs. Nursing perspectives were also shared by NSWNMA General Secretary, Brett Holmes, ANMF Assistant Federal Secretary, Annie Butler, and Clinical Nurse Specialist, Lynda Binskin from Port Macquarie Base Hospital branch, who spoke about the failed privatisation model of Port Macquarie Base Hospital.


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Media interest in the campaign resulted in an ABC TV Stateline story on 24 October 2014, further assisting to prosecute the Association’s arguments for the retention of the Northern Beaches Hospital in public hands. Several community-based events in October and November 2014 also allowed the NSWNMA to raise awareness of the privatisation issue, resulting in 2,754 community members committing to support the Association campaign against privatisation of the hospital. On the 29 October 2014, Premier Baird announced that Healthscope will build and manage the Northern Beaches Hospital. Although Northern Sydney LHD presented the specifics of the project to staff at both Manly and Mona Vale Hospitals following the announcement, nurses and midwives were not given any information about their transfer arrangements nor has the LHD, to date, contacted the Association in relation to transfer negotiations. Following the Premier’s announcement, the NSWNMA issued a media release which was covered by all three television networks as well as the ABC. Members and community members also made unsuccessful attempts to meet with the Premier and Member for Manly, Mike Baird, and seek assurances that nurse-to-patient ratios would remain under the new arrangements. Given the State Government’s refusal to reverse the decision, despite popular sentiment against privatisation of health, Association branches and the community are committed to continuing to raise awareness on the privatisation of the Northern Beaches Hospital and fight to ensure that hard-fought mandated nurse-to-patient ratios remain under the newly-privatised model.

MAITLAND AND BYRON CENTRAL HOSPITALS

While it remains unclear whether the new Maitland Hospital at Metford will be a public-private partnership, the issue of privatisation of health has recently come under the political and media spotlight. The NSW Shadow Minister for Health, Walt Secord, has requested papers for both Maitland and Byron Bay Hospitals calling on more transparency from the government. Letters from Byron Bay and Mullumbimby branches were sent to Paul Green MLC, Christian Democrat Party, as the support of minor parties in the Upper House will be an important factor in the longer term impacts of privatisation. The Association’s ongoing campaign on anti-privatisation and the Americanisation of health does permit public engagement in debate and raising community awareness.

New Maitland Hospital: anti-privatisation campaign The Maitland Community Unions Alliance will be hosting a community forum on Monday 24 November 2014 at East Maitland Bowling Club from 6.00pm to 8.00pm. The NSWNMA has been invited to address the forum on its serious concern that the new hospital at Maitland will be privately operated. The NSWNMA will also provide the community with an update on various state government programs which will result in the closure or privatisation of government-operated respite centres, disability and home care services. All members in the Maitland and Upper Hunter areas are invited to promote and attend this important forum.


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AGEING, DISABILITY & HOME CARE (ADHC)

Hands Off Our Public Disability Services campaign rally Over the last month, the Association has been actively visiting facilities and educating members and branch officials leading up to the Hands Off Our Public Disability Services campaign rally on 13 November 2014. In conjunction with the Public Service Association, over 25 000 petition signatures have been obtained and were delivered to the NSW Parliament at the rally.

OTHER PRIVATISATIONS

Manning Hospital – Taree In September 2014 staff were informed that the Nita Reed Dialysis Centre (a satellite public dialysis unit) would be closing down, and a new facility opening at Forster Private Hospital, resulting in a loss of four dialysis chairs that would previously have been available to the public. The new facility would have six chairs in total, with four allocated for public use.

Considerable community interest has applied pressure to the Hunter New England LHD Executive on their complete lack of consultation with staff, the community, and other key stake holders. As a result, the Chief Executive of HNELHD has ‘put the relocation on hold’ to allow consultation more broadly with staff, patients, visitors and the community. The Association has again requested to be included in the consultation process.

Hastings Macleay Clinical Network Expansion Projects The Hastings Macleay Clinical Network Expansion projects encompass three sites: Port Macquarie Base Hospital, Kempsey District Hospital and Wauchope District Memorial Hospital. An SCC sub-committee has been established to manage any issues that arise out of the expansion. The new Cardiac Cath Lab at Port Macquarie is to have one of three operational models: public, private or public-private. The Chair of the SCC and the Port Macquarie General Manager, Dr Robert Pegram, stated that the public option will only be a ‘fall back’ alternative. The tender process is to begin by the end of March/early April 2015 with a tender period of two to three months. The NSWNMA has raised objections, particularly in light of the previous failure of privatisation at Port Macquarie.

MEDICARE

Following another successful rally in Martin Place on 23 October 2014, where unions and community organisations vowed to continue the fight to Save Medicare, Federal Parliament has yet to introduce co-payment legislation. However, the Federal Minister for Health, Peter Dutton, has not ruled out bringing the GP fee into effect without parliamentary approval, similar to the way petrol indexation was introduced. The Save Medicare group is currently consolidating their activities by working more closely with branches in their local communities. Members interested in organising a branch activity around Medicare are invited to contact Jean Parker, Campaigns Development Officer at [email protected].

mailto:[email protected]


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NSW Ministry of Health

INDUSTRIAL DISPUTE - SYDNEY LOCAL HEALTH DISTRICT

NSW Nurses and Midwives’ Association v Crown in the Right of the

State of New South Wales (Director General NSW Ministry of Health in

respect of Sydney Local Health District [2014] NSWComm 54) On 19 March 2013 the Association filed notification in the NSW Industrial Relations Commission of an industrial dispute with Sydney Local Health District in relation to non-payment and underpayment of in-charge of shift allowance, claimed on behalf of members undertaking the role of Team Leader in the Haematology Ambulatory Care Unit (HACU) at Concord Repatriation General Hospital. The claim was made pursuant to clause 12(v) of the Public Health System Nurses’ and Midwives’ (State) Award 2011 that provides:

A registered nurse who is designated to be in charge of a ward or unit during day, evening or night shifts, when the Nursing/Midwifery Unit Manager is not rostered for duty, shall be paid an allowance as set out in Item 8, of Table 2 of Part B per shift. Provided that the allowance shall also be paid when the Nursing/Midwifery Unit Manager is rostered on duty. Provided further that the allowance shall also be paid in the absence of a Nurse/Midwife Manager in facilities where the Nurse/Midwife Manager undertakes the functions usually carried out by a Nursing/Midwifery Unit Manager. (emphasis added)

The matter was set down for hearing on 4 June and 15, 16 July 2014 before the Industrial Relations Commission. On 29 October 2014 the Industrial Relations Commission handed down its decision as follows:

A close examination of the team leader's role in these proceedings reveals that the duties performed by [RNs] in the role of team leader constituted a day to day clinical management role for the purposes of the proviso in cl 12(v).

Members are regularly designated on the roster to work as Team Leader in HACU. The Industrial Relations Commission made the finding that there was no requirement that the delegation to perform the role be made in writing. The Industrial Relations Commission stated:

The act of designating [RNs] to perform the clinical management role in circumstances where the NUM3 was rostered on duty also fulfilled the requirement to delegate.

The Industrial Relations Commission made orders for payment and back payment, including interest, on the amounts owed to members over the previous six years.


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PUBLIC HEALTH SYSTEM NURSES’ AND MIDWIVES’ (STATE)

AWARD

2015 Campaign Preparation – Working Groups Throughout 2014, Specialty Working Groups have been meeting to discuss possible claims for ratios and skill mix in the following specialties:

1. Drug and Alcohol Services 2. Outpatients (including specialty clinics) 3. High Volume Short Stay and day-only units (some of which were

previously called 23-hour wards, excluding MAUs as they are already part of the current claim)

4. Maternity Services (non-Birthrate Plus) Following a number of meetings for each specialty, member comments on discussion papers, other literature and industrial research, NSWNMA officers distributed draft staffing models for comment from public health system branches across NSW. The Working Groups are to convene once more in November to discuss the final models. In addition, the NSWNMA has written to relevant professional associations such as the Nursing and Midwifery Unit Managers Society and Drug and Alcohol Nurses Australia seeking their comment. A ratio for the Outpatients group has not been claimed elsewhere in the world; because of the groundbreaking, complex nature of the claim and the large number of Outpatients clinics, further extensive work is required to reach an appropriate claim, which may necessitate consideration of potential inclusion in a 2016 campaign. Specialty Outpatients clinics such as oncology may be subsets of the eventual claim. As with previous ratio claims, a thorough consultation and testing process is being undertaken through the branches. The draft staffing models will be considered by the Public Health System Nurses’ and Midwives’ (State) Award Log of Claims Committee on 27 November 2014.

Local Health Districts

HUNTER NEW ENGLAND LOCAL HEALTH DISTRICT

Mental Health Amalgamation Intensive Care Community and Clinical Liaison Teams

The Hunter Valley Mental Health branch of the NSWNMA continues to participate in a USCC to progress a restructure that is seeking to amalgamate the Intensive Care Community and the Clinical Liaison teams. At the last USCC in October 2014, management released a draft operational plan and roster.


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The branch is concerned that this proposal seeks to increase existing workload with fewer frontline nurses available. The restructure has resulted in the loss of a registered nurse position which was deleted in order to create a generic Health Service Manager position. Additionally, members have sought clarification from management regarding two other registered nurse positions which have been removed from the nursing profile without a satisfactory explanation. Management’s stated justification is that they are currently ‘reviewing how best to meet the needs of clients both current and future’. The next USCC is scheduled for mid-November, 2014.

Inverell District Hospital The ED at Inverell District Hospital is placed on Critical Operations Standard Operating Procedures (COSOP) multiple times per week as a result of no after-hours medical coverage. The branch has requested local MP Adam Marshall to seek the intervention of the Minister for Health to provide funding for locums until a more permanent solution can be found to the shortage of doctors available for the ED. The branch has received a response from Mr Marshall who has raised the issue with the Minister and further correspondence is awaited.

John Hunter Hospital The John Hunter Hospital (JHH) branch has regularly raised workload issues within the Transit Lounge at the RWC. Following a series of hospital restructures and various changes in management structures, JHH executive has commenced a review of the Transit Lounge as part of the HNELHD Whole-of-Hospital project. The branch cautiously welcomes the redesign project given the long-running workload issues originating from this unit, and has participated in its first consultative meeting. Importantly, JHH management has identified the need to reduce the number of treatment spaces within the unit as one of its primary objectives. Management has accepted the offer of assistance with the redesign project from the Association’s Work Health Safety Officer.

Manning Base Hospital Manning Base Hospital midwives have identified a number of workload issues within their unit which will be tabled at the next RWC meeting. The BirthRate Plus review commenced on 3 November 2014.

Port Stephens Community Palliative Service In August 2014 the NSWNMA wrote to HNELHD on behalf of palliative care nurses working within the Port Stephens Palliative Care Service seeking a wages adjustment payment for those nurses that provided telephone counselling. The LHD had been paying the on-call allowance to palliative care nurses; where a nurse is then contacted by a client and subsequently that nurse renders telephone counselling, the nurse is entitled to an additional payment depending on the length of time that they are required to be on-call, however HNELHD had at no time made this additional payment.


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Following an audit of their medical record database (CHIME), the LHD accepted that they were liable and agreed to pay those nurses who had made an entry in CHIME consistent with their rostered on-call shift. The LHD has complied with the NSWNMA request for a retrospective payment of six years for those nurses. At this time, nurses have been advised of the quantum of back pay owing to them and some members will now receive thousands of dollars in back pay. The Branch Secretary, Cheryl Gorrie, is to be commended for her persistent pursuit of this matter with HNE management.

Tamworth Rural Referral Hospital The NHPPD wards continue to improve and are still being monitored through the RWC. Two of the wards have been counting the CNE in the staffing numbers which has significantly distorted their NHPPD calculations. Following Minister Skinner’s announcement at the NSWNMA 2013 Annual Conference, the facility received 1.74 FTE for CNEs; as at the last RWC in October 2014, the CNEs will no longer be counted in the numbers. One FTE has been dedicated to the surgical wards, one FTE to the medical wards, and 0.2 FTE to paediatrics. Maternity USCC meetings continue and the BirthRate Plus review commenced on 3 November 2014.

Wallsend Aged Care Facility Management at the Wallsend Aged Care Facility published a waiver that allowed staff to work outside their award conditions. The waiver allowed staff to agree to breaks of less than ten hours between shifts, to work more than seven shifts in a row, and to work more than three quick shifts in a fortnight. Employee details were filled out on the waiver and handed to individual employees by their NUMs, who then directed staff to sign the form immediately. The branch perceived the waiver to be a direct attack on their award, and responded by passing a resolution to management highlighting their outrage with both the waiver and the coercive manner in which it was introduced. Furthermore, they demanded that management withdraw the waiver, and acknowledge that its rollout was coercive and inappropriate by returning all completed waivers to staff. Management agreed to both demands.

ILLAWARRA SHOALHAVEN DISTRICT LOCAL HEALTH

DISTRICT

Shellharbour Hospital An ‘Open Disclosure’ session, held by the LHD Mental Health management in relation to the patient fatality on Eloura West earlier this year was presented to NSWNMA, HSU and ASMOF representatives on 5 November 2014. The presentation detailed the Root Cause Analysis summary, including recommendations. The NSWNMA’s request for copies of the recommendations has been refused at this time.


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Shoalhaven District Memorial Hospital Shoalhaven Hospital's Medical Ward A (MWA) members successfully used the award Clause 53 - Staffing Arrangements to have their ongoing NHPPD shortfalls addressed, including the use of agency staff on short-term contracts. As a result, the 42-bed MWA has now been divided, including the relocation of the four medical cardiac beds to the surgical ward and transfer of staffing and governance to ICU. Final bed numbers and staffing profiles for MWA and the new Medical Ward South are yet to be determined. Medical Ward B (MWB) has transferred to MWA as part of a seasonal closure, and refurbishment of MWB is now underway to enable it to become a 12-bed specific dementia unit prior to re-opening in April 2015.

MID NORTH COAST LOCAL HEALTH DISTRICT

Community Mental Health - Acute Care Service In September 2014, the LHD made a decision that required Acute Care Service (ACS) staff to attend the ED when more than one mental health patient had presented. No consultation around this decision took place along with a lack of consideration or recognition of the considerable pressure this would place on the staff members when they were without a full complement of staff. The branch passed a resolution that they would limit their work to their core role in ACS, and not attend the ED until they were fully staffed. The LHD called a dispute, the outcome of which was the LHD would provide three staff per shift, morning and afternoon, and a working party was formed to consider an improved distribution of staff over the full seven-day week.

MURRUMBIDGEE LOCAL HEALTH DISTRICT

Local Health District Christmas closure

General confusion has arisen following a directive from the LHD about the Christmas 2014 close down period in Community Health Services. Some local managers interpreted the directive as a six-week shut down over Christmas through to 2 February 2015. On further investigation, however, the closure equates to a two-week close down over the Christmas to New Year period for most community staff, followed by a wind down of some services until early February 2015. Community nurses who have excess annual leave can apply to have leave in this period. Site managers are to review community services and ensure that there are still the necessary services available, although community offices will not be used or open to the public. Site management is working with local hospitals to ensure that community nurses who do not have leave or have good reason not to take leave are gainfully employed.


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Albury Wodonga Health Transfer of Rehabilitation Services

Albury Wodonga Health (AWH) intends to transfer the Rehabilitation Unit and its staff from the Albury Campus to the Wodonga Campus. A dispute meeting was called because of lack of consultation and AWH has since given a commitment to hold monthly meetings with NSWNMA and ANMF in Victoria in the lead up to this transfer. The industrial environment is very complex with this employer operating across two states, and therefore open consultation is necessary to navigate the circumstances and the impact on members.

Wagga Wagga Base Hospital 12 Hour Shifts

Members within several units of this facility are interested in trialling 12-hour shifts, a suggestion that has received a mixed response from management. Each unit is developing a proposal to present to management with draft rosters, surveys and research which will be used to demonstrate the interest and support that the local branch has in relation to this roster pattern.

Security in Mental Health Members have raised concerns with current security practices within the mental health units. Staff are not consistently provided with duress alarms and keys which allow them to access all areas of the unit, including the Resuscitation Trolley, creating a significant staff and patient safety issue. The branch members have escalated their concerns to district level management and await a response.

NORTHERN NSW LOCAL HEALTH DISTRICT

Byron Shire Central Hospital Planning for the new Byron Shire Central Hospital has begun, a plan which will merge the current Byron Bay District and Mullumbimby and District War Memorial Hospitals at the Ewingsdale site. Branches at both hospitals sought the support of the Hon Paul Green MLC for a motion in the NSW Legislative Council to force the government to release all documents pertaining to the new hospital. Members are concerned that a public-private partnership will preclude the increase in the role delineation and reduce outflow of activity to referral hospitals.

Community Health Throughout the year a number of Community Health Services in the LHD have been experiencing vacancies and leave not backfilled. The branch has passed resolutions stating that they will no longer accept an additional workload during these periods of non-backfilled leave. A disputes meeting with the LHD was held on 29 October 2014 and it was agreed that all nursing vacancies would be filled, with the exception of the men’s health nurse position at Bangalow as management wish to review the position. The NSWNMA supports the need for this position to be backfilled while the review is taking place, and further discussions are being arranged.


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Lismore Mental Health The LHD has informed branch members that the HDU will be renamed the Observation area, with no rationale provided for the name change. No discussion has taken place on the need to change the admission criteria or any agreement between the NNSWLHD and other LHDs should a patient require more acute care.

Nimbin Multi-Purpose Service The LHD has completed benchmarking of staffing levels at the Nimbin Multi-Purpose Service against other similar-sized MPSs in the state and have proposed that the service reduce the staffing by eight hours per day. Members do not support this proposal, as they currently have minimum staffing and any reduction would be unsafe.

NORTHERN SYDNEY LOCAL HEALTH DISTRICT

Royal North Shore Hospital Privatisation of Childcare Service

A number of overlapping issues have arisen after a recent announcement that part of the campus would be sold off for commercial use. Expressions of interest have been called to redevelop a parcel of land at the southern end of the campus which is to provide non-clinical services, such as accommodation and childcare; the Ministry of Health will also relocate to the site. The RNSH branch has voiced its strong concerns about the lack of consultation with nurses on the campus master plan, and the land sale. LHD management have agreed that future consultation will include nurses, however the branch continues to press for greater Association involvement. The issue is further complicated by the LHD’s likely move to privatise childcare across Royal North Shore, Hornsby and Ryde Hospitals. An external consultant has been engaged to examine childcare across the LHD, with a decision likely very soon. Members are maintaining their commitment to public childcare, provided by the LHD, and continue to make this case to LHD management.

1:3 in ED Campaign On 28 October 2014, 17 off-duty emergency nurses from Royal North Shore Hospital handed out 1,200 flyers at St Leonards railway station to promote community awareness of the 1:3 in ED campaign. To achieve safer patient care, the flyers urge the community to support the campaign and contact their local MP asking them to advocate for 1:3 in ED on behalf of patients.


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SOUTH EASTERN SYDNEY LOCAL HEALTH DISTRICT

Prince of Wales Hospital Seasonal Bed Platform

Prince of Wales Hospital Executive has announced a ‘Seasonal Bed Platform’ whereby eight beds will be reduced from end of October 2014 until May 2015. The reduction of beds will include four each from the surgical and medical streams; nursing positions will be absorbed into the current vacancies across the establishment. Management cite better efficiencies have been gained through reduction in length of stay and better bed flow management.

Mental Health Kiloh Unit The Kiloh Observation Unit is undergoing an independent review of the nursing requirements for this acute mental health facility. The review was sought by the branch after a restructure document released in March 2014 sought to reduce one FTE nurse and one FTE wardsman from the service. The branch awaits the release of the recommendation before the end of 2014.

St George Hospital The new 79-bed ED has opened but is not fully operational. The footprint of the former ED has been opened in the new premises with the same number of nursing staff. No information has been received by the NSWNMA on the roll out of new beds or escalation plans for increased presentations. The former ED building will be demolished over coming months.

SOUTH WESTERN SYDNEY LOCAL HEALTH DISTRICT

Campbelltown Hospital Special Care Nursery

Members in the Special Care Nursery are concerned that poor rostering has resulted in an inadequate skill mix with insufficient senior nurses in attendance. In addition, a CNE position has not been filled since the last CNE took maternity leave in late 2013. Following a recent branch meeting where a resolution was endorsed requesting that the CNE position be recruited and that skill mix be addressed, management has advertised the CNE position and the DoN is working with the Special Care Nursery staff to address the skill mix issue.

SOUTHERN NSW LOCAL HEALTH DISTRICT

Queanbeyan District Hospital 10 Hour break between shifts

Some units within this facility routinely roster staff on less than a 10-hour break between shifts. Maternity staff members are particularly concerned with this practice and the branch has raised this issue with local management and advised that this must be resolved by the next roster.


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Chisholm Ross Centre Admission and ‘Specialling’ issues

Members at this facility have been raising workload issues for several months with no resolution to their concerns that primarily focus on admission processes and ‘specialling’ patients within their provision of 6.0 NHPPD. A working party was developed to review the information and benchmark against other comparable units. This information has been presented to the LHD and a meeting requested to develop strategies to resolve the problems.

WESTERN NSW LOCAL HEALTH DISTRICT

Cowra District Hospital Branch representatives attended initial Reasonable Workload Committee training. Members are being encouraged to understand the NHPPD and to make use of the spot checks to ensure correct staffing is in place.

Dubbo Base Hospital The Dubbo Hospital Branch participated in a USCC to address the issues in the Mental Health Inpatient Unit (MHIPU). Management clarified that this unit now reports to the DoN at Bloomfield Hospital and confirmed the current staffing arrangements will continue until the mental health restructure is finalised. Members raised concerns that some inappropriate patients are being admitted to the unit. Management agreed to establish a working party of nurses from MHIPU to work on an admission criteria for the unit.

Dunedoo Health Service Members raised concerns that neither the NM nor an RN vacancy was actively being recruited. The branch endorsed a resolution stating they would like the RN position advertised, and an agency nurse appointed until the vacancy is recruited, or they would close the six beds. Management has since employed an agency nurse on a 13-week contract.

WESTERN SYDNEY LOCAL HEALTH DISTRICT

Local Health District At the last JCC meeting in September 2014, the LHD agreed to allow casual and agency nurses to backfill an entire eight-hour nursing shift, where previously they were only allowed to backfill for 6.5 hours. This decision is for the entire LHD.


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Specialty Networks & ADHC

JUSTICE HEALTH & FORENSIC MENTAL HEALTH NETWORK

Staffing Arrangements Joint Consultative Committee meetings continue with management, the Association and branch representatives to develop guidelines on how to manage the staffing and increasing numbers of patient population in the adult correctional centres in NSW. A draft staffing model has been provided and is currently in discussion.

Work Bans Justice Health management and the Association have commenced dispute meetings regarding the Justice Health Statewide branch work bans implemented on 15 April 2014. Discussions are being held to achieve better outcomes for members arising from the introduction of an unpaid meal break.

Private Hospitals

BARGAINING CAMPAIGNS

Evolution Health Care Negotiations for an Enterprise Agreement that covers nurses at the two Illawarra private hospitals will develop during November 2014. Evolution is expected to make a wages offer to be followed by a further meeting to finalise negotiations. The proposed agreement covers nurses at Shellharbour Private Hospital and the new South Coast Private Hospital at Wollongong. In a recent development, management has proposed a combined agreement with non-nursing staff. The draft agreement has been written with separate wage and classification schedules, but common conditions including hours of work and shift arrangements. The NSWNMA branches at both facilities endorsed this approach with some protective conditions for nurses subsequently agreed by management.

Hawkesbury District Health Service Hawkesbury District Health Service is a public-private partnership; fewer than 40 nurses remain under the Public Health System Nurses’ and Midwives’ (State) Award. The remainder are on a Federal Enterprise Agreement: 75% of these nurses salary package and, as a result of arrangements put in place in the early 2000s, receive PHS-level wage rates; 25% receive the lower Agreement wage rates because they exercised a voluntary choice not to take up salary packaging.


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Following a consultation process with members, negotiations for a new agreement commenced in June 2014. A number of report back meetings were held throughout the process and a petition for an improved offer signed by a third of the nurses. The branch endorsed the eventual proposed agreement proceeding to a vote and a majority ‘yes’ result. Key features of the new three-year agreement include: Increases to wages and allowances of 2.75% per year for the first two

years and 3% in the third year, which will reduce the gap with equivalent classifications in the public health system award to less than 3%.

New 2nd year pay rates and a progression scale for CNE and CNC classifications.

New EN Special Grade classification.

Team Leader in ED to receive in-charge of shift allowance for Monday to Friday day shifts (as NUM covers both ED and ICU).

Ramsay Private Hospitals The online bargaining survey has received an impressive response with over 400 nurses participating. The respondents represented all facilities, with a strong mix of classifications (56% RN, 15% EN/EEN, 13% CNS/CNE and 5% NUMs). The most important issues cited by members related to workload; many reported insufficient staffing and skill mix, limited or no access to breaks, and a lack of support for transitioning nurses. A fair pay increase and rostering were also high priorities: many members reported that their rosters would change frequently and often faced pressure to cancel a shift due to low bed numbers. Other rostering issues include regular on-call and recall with insufficient break before the next rostered shift, and a complete lack of access to the roster. Another prominent issue related largely to access to professional development, with leave only approved for certain people. Nurses also reported having to complete their mandatory training in their own time because their shifts were cancelled during quiet times. The survey findings were reinforced by focus groups, where nurses said they felt that Ramsay increasingly focused on making a profit rather than providing safe patient care. A fledgling company activists’ network has participated in teleconferences on several occasions, with the number of participants increasing with each discussion. A number of activists have also attended an Enterprise Agreement planning session, in their own time, at the NSWNMA office. Negotiation meetings have commenced and been scheduled to the end of 2014. Ramsay has not yet tabled any proposed changes for negotiation.


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WORKPLACE MATTERS

Karitane Management attempted to introduce unpaid breaks at night for both sites at Camden and Carramar. The sites are relatively small (24 beds and 10 beds) with good member density overall but no branch. Discussions were held with members and the CEO where the NSWNMA conveyed that they would advise members they were under no obligation to be available for care or be on the premises during an unpaid break. Further, the issues around professional obligations including the responsibility for emergency keys and clinical governance were strongly expressed. On 13 October correspondence was received from Karitane to advise that: On-call meal allowance would be reinstated at Camden, and back pay

would be paid for the period it was ceased, and

The straight 10-hour shift at Carramar, inclusive of a paid meal break, will continue.

The members are delighted with this outcome and the Association is taking the opportunity to explore forming a branch.

Wesley Private Hospital - Ashfield Members continue to raise concerns with management on night staffing in this facility. A meeting with the Operations Manager, HR, and the DoN was held on 22 October 2014 to progress the issue and while a number of improvements have occurred, there remains an issue with skill mix and the numbers of staff on night duty. Progress is problematic as there is no branch and staffing has been transient with a large number of agency staff. WorkCover notification was again raised and management has agreed to conduct a review by their WHS team and report back. The Association has reiterated its preparedness to escalate the matter and communication with local activists is ongoing.

Westmead Fertility Clinic Members have been informed that the clinic has been ‘gifted’ to the University of Sydney and would no longer be part of Western Sydney LHD. On further investigation it appears that WSLHD transferred ownership/license for this facility to a group of Medical Officers working within the Westmead Obstetrics and Gynaecology in 1996 and then to a single owner in 2010. The clinic is on the Westmead site and throughout this period the WSLHD has continued to pay employees regardless of who managed the site. WSLHD management now wishes to sever the relationship which has significant implications for the 11 staff working at the clinic.


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Aged Care Sector

QUALITY AGED CARE ACTION GROUP (QACAG INC)

The main focus of the QACAG meeting on 16 October 2014 was the current threat to the Public Health Act 2010 (the Act) in relation to staffing by registered nurses in NSW nursing homes. Several members reported that they had raised their concerns via correspondence with their state MP, and some had visited their local member. All reported that the MPs demonstrated limited knowledge of this state legislation, assuming that residential aged care, and staffing, were solely federal issues. QACAG tabled its support for the Association in working to retain the Act as a minimum and raising awareness more widely on the role of registered nurses in NSW aged care homes. The group provided thoughtful input on how to effectively convey this issue to the wider community, drawing on their expertise as consumer activists and advocates for older people. To date, approximately half of the QACAG membership has replied to a recent membership survey. Members’ replies will assist priority setting for the group over the coming year and also provide an audit of the skills and availability of members to participate in advocacy activities for the quality of aged care.

REVIEW OF THE NSW PUBLIC HEALTH ACT 2010

Ministry of Health Aged Care Steering Committee A steering committee has been convened by the Ministry of Health to advise on the future of the Public Health Act 2010 as a result of the threat to clauses within the Act related to the requirement to have a registered nurse on duty at all times in a nursing home, and associated requirements for a Director of Nursing. The first meeting was held on 7 October 2014 and included representatives from the Association, provider peak bodies (Leading Aged Care Services NSW/ACT and Aged and Community Services NSW/ACT), the Quality Agency (the accreditation authority), the Combined Pensioners and Superannuants Association and representatives from State and Commonwealth Government departments. The Royal College of GPs and the Society for Geriatric Medicine were also invited. Options under consideration are to remove the regulation and leave matters to the federal legislation, which means the NSW Ministry steps away from its role in public health in relation to staffing of nursing homes; retain the requirements by rewording the legislation, or replace the legislation with another mechanism to introduce new staffing models and link to Commonwealth legislation.


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Statements from the industry peak bodies in a range of other forums claim that staffing should be at the discretion of the provider, and that there is sufficient regulation at the federal level. However, the role of the Act is to protect the public in NSW, and the clauses in question prescribe a minimum staffing requirement underpinning care delivery in nursing homes. The Association is yet to hear a strong argument for the reason this regulation should be abandoned, and is cautious about ‘alternative staffing models’ if they represent a weakening of registered nurse staffing requirements. With an interim regulation in force until the end of 2015, the steering committee has been asked to make a recommendation to the Minister in mid-2015.

Aged Care Campaign for registered nurses 24/7 in residential aged

care The threat to the Act puts the spotlight on a crucial issue of staffing by registered nurses in residential aged care. While the governance of aged care largely operates from a federal level, the future of this legislation is entirely in the hands of the NSW State Government. The threat to the requirement that a registered nurse is on duty in the nursing home at all times is yet another threat to the standards of care in a system already characterised by excessive workloads and poor staffing numbers and skill mix. This is not just an aged care sector issue, but affects members across many sectors, sites and disciplines. The care of older people occurs in emergency departments, hospital wards, Multi-Purpose Services, medical practices, community and mental health services, and through a range of in-reach and outreach services across the state. The presence or absence of a registered nurse on duty in a nursing home can determine the care to be provided, such as for acute and chronic illnesses, end of life and palliative care, mental illness and complex behavioural needs. Lack of registered nurse staffing may result in an older person being transferred to an emergency department for care that should have been provided at the aged care home, or may delay discharge back to the home. Older people, especially those with dementia and other complex needs, fare worse in a hospital environment, are more prone to complications and face a longer length of stay. Transfer to hospital from residential aged care should only occur when clinically necessary, not due to staffing deficits. Winning this campaign to retain the minimum registered nurse staffing in nursing homes will require active involvement of the wider membership, in partnership with community groups, other peak bodies and professional organisations, and alongside assistants in nursing, enrolled nurses and registered nurses working in residential aged care. With an interim legislative arrangement in place until end 2015 the focus is on the public health responsibility of the Ministry of Health to ensure safe staffing of nursing homes in NSW.


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BARGAINING CAMPAIGNS

ACS Template Agreement 2014-2017 Renegotiation The first of the 2014 ACS Template Agreements was approved by the Fair Work Commission (FWC) on 28 October 2014. The agreement has now been implemented or is in the process of being implemented by 72 employers who between them own 124 facilities. All employers have committed to back-paying employees to the first pay period on or after 1 July 2014.

Aged Care Services Australia Group Negotiations for a replacement Aged Care Services Australia Group (ACSAG) Enterprise Agreement concluded in mid-August. The employer has sought the removal of the ADO clause on the basis that they did not employ full-time nursing staff. Despite the Association’s objection to the removal of this clause, the employer circulated the proposed Enterprise Agreement to staff for ballot. The Association took a neutral position on how members should vote. The agreement was approved by a majority of employees who voted, and is currently awaiting approval by the Fair Work Commission. The following improvements were negotiated in the proposed new Enterprise Agreement:

8.9% increase to wages and allowances, for all nursing classifications except AiNs and ENs.

9.15% increase to wages and allowances for AiNs and ENs.

Two weeks paid parental leave (after a minimum of 12 months service), with an additional one week of paid parental leave as a bonus for staff returning to work from parental leave, and working for at least a further eight weeks.

Three-hour minimum paid shift for permanent and casual employees on call and employed at Bayview Gardens while the facility is located at Bayview (the employer is currently considering closing this facility, however a definite decision had not yet been made).

Use of personal/carers leave in situations of family violence.

Payment for attending training outside of normal rostered hours.

Allity Aged Care The NSWNMA has made an application to the FWC to begin the formal process of taking industrial action. Members employed by Allity have not had a pay increase for two years and have called on the NSWNMA to increase pressure on Allity for a new Enterprise Agreement. The FWC will call a hearing that may result in a vote of NSWNMA members to take action in support of an improved wage offer in the new agreement. The FWC will hear NSWNMA reasons for beginning protected industrial action and, if approved, will direct the Australian Electoral Commission to conduct a ballot of members. This formal process will take three to four weeks to complete the voting.


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Members in Allity forced the company to start negotiations by a majority support petition in 2013 and twelve negotiation meetings have occurred. The major issue outstanding is the wage proposal from the company which is below the inflation rate and increases paid by other aged care providers in agreements achieved this year.

BaptistCare All residential aged care and community care employees at BaptistCare are in the process of voting on a proposed new agreement, with the intention that it is in place for the beginning of December 2014. The key features are: A three-year agreement to expire on 30 November 2017 All wages and allowances to increase by

- 3.75% in December 2014 - 3.25% in December 2015 - 3.25% in December 2016.

These wage and allowance increases will ensure that BaptistCare remains among the highest-paying aged care providers. Other changes to the proposed agreement include:

Natural disaster leave - one paid day per year in natural disaster conditions.

Training - the employer will facilitate access to resources for e-learning.

Reasonable additional hours - part-time employees may be asked, but not required, to work a reasonable number of additional hours.

Sick leave medical certification - documentation will now be required after two days’ absence instead of after one day.

Response to domestic violence - BaptistCare and the unions recognise that domestic violence is a societal issue which can have serious impacts on working life. BaptistCare is committed to supporting staff affected by domestic violence. To this end, the employee should seek support through confidential discussions with their BaptistCare Human Resource Consultant or Facility/Centre Manager regarding their circumstances. This support may include access to counselling services, potentially changing hours of work and the use of various forms of leave.

Mercy Aged Care Services Singleton Nurses at Mercy Aged Care Services Singleton were employed under the terms and conditions of the nurses’ award and advised the Association they wanted to negotiate an Enterprise Agreement with Mercy Aged Care Services. The nurses signed a petition requesting the employer enter formal bargaining with the Association. When the employer refused, the NSWNMA made application for a majority support order from the Fair Work Commission and the employer agreed to bargain.


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At the commencement of negotiations, enrolled nurses and AiNs were paid $1 over the nurses’ award rate for their relevant classification. The employer referred to this additional payment as a ‘maintenance rate’, however, sick leave and annual leave were calculated on the lower award rate of pay. In the new agreement this ‘maintenance rate’ no longer applies and members’ leave will now be paid at this actual, higher rate of pay. Registered nurses employed by Mercy Aged Care Services had previously received the increases to their rates of pay in line with the percentage increases applied to the public health system; all other conditions were as per the nurses’ award 2010. Registered nurses’ rates of pay in the new agreement will maintain parity with the public health system award. Other key features of the Enterprise Agreement include:

3% wage increase over 18 months from approval of the agreement to 30 June 2015 for AiNs and ENs.

Rates of pay for RNs as per the public health system.

Additional payment for AiNs administering medication paid as flat $8 per shift.

Team Leader Allowance - additional allowance for supervision of staff.

Higher Duties Clause.

Casual Conversion - casual employee who has been rostered on a regular and systematic basis over a period of 26 weeks has the right to request conversion to permanent employment.

Continuing Education Allowance - payment of a Continuing Education Allowance for nurses who have attained a hospital certificate or postgraduate qualification in their speciality: Certificate IV, Associate Diploma, Diploma, Degree and Masters Degree.

Maintenance of professional registration or endorsement - the employer will provide sufficient paid time for nurses to meet any training obligations to maintain their registration or endorsement with AHPRA and meet any cost associated with that training.

The award condition is retained that, upon missing a meal break, overtime rates are paid until a break is taken.

The Agreement was overwhelmingly approved by members and is currently awaiting formal ratification by the Fair Work Commission.

Northern Coalfields Community Care Association During September, members employed by Northern Coalfields Community Care Association voted to accept an Enterprise Agreement that has been negotiated by the NSWNMA and the HSU. The agreement contains pay increases of 3% a year for three years and, in a first for this employer, includes casual conversion, review of part-time hours and workload management clauses. It also introduces overtime payments for casual nursing employees. The employer has also agreed to an Association request to allow employees to keep 100% of any salary packaging benefit, an increase from 60%, but would not agree to include this in the Enterprise Agreement document.


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Sir Moses Montefiore Jewish Home After many meetings and employer delays, an improved wages and allowances offer was made of a 3% increase back-dated to 1 July 2014 and a further 3% from 1 July 2015. The offer also included an increase to the paid parental leave entitlement from 9 to 12 weeks; however, management sought to include a new qualifying period of 26 weeks to be worked for second and subsequent pregnancies in order to receive further payments of parental leave. Although the Association and members did not agree to the additional qualifying period proposal, the employer did not move from their position on the qualifying period and unilaterally circulated the agreement for ballot by employees. The Agreement was approved by a majority of employees who voted. The new Agreement has been lodged with the Fair Work Commission awaiting formal ratification.

WORKPLACE MATTERS

Aurrum Pty Ltd Veronica Nursing Home and Mathew John Nursing Home

Veronica Nursing Home and Mathew John Nursing Home have recently been purchased by Aurrum Pty Ltd and members have raised concerns in relation to the new employment contracts issued by Aurrum Pty Ltd. The contracts were poorly worded and members reported that they were intimidated and forced to sign the contracts. Management agreed to issue new contracts as the Association supported the branch through negotiations.

BaptistCare Kara Centre for Aged Care

The 21 members at Kara Centre for Aged Care were informed by the CEO that the 76-bed facility will be closing in January 2015 because of non-affordability of renovations required to meet standards. The Association is supporting members through negotiations with the employer. Members were advised that all staff would be offered redundancies and training on seeking new employment.

Buckland Aged Care Services Buckland Convalescent Hospital

Concerns have been raised through the branch regarding allegations of bullying and intimidation tactics by local management against members who raise workplace issues. An application for an order to stop bullying and A General Protections order has been listed for conciliation with the Fair Work Commission. Membership at this site has increased from 15 to 42 since the branch was formed.


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Moran Health Care Moran Health Care, Sylvania

Moran Health Care Sylvania has decided to remove the uniform allowance paid to staff, effective 16 November 2014. In lieu of payment of the allowance Moran will supply shirts and vests only, and will not be providing skirts/trousers, stocking/socks and shoes. Moran’s Dress Code Guidelines for uniform and footwear is carefully worded as non-prescriptive. The Association filed a dispute notification with Fair Work Australia and the matter was listed for conciliation conference on 30 October 2014. During the conciliation conference the employer’s legal representation advised that a decision on the subject of uniforms had been handed down by the Federal Court of Australia in June 2013. This decision was also the subject of an appeal but the matter was dismissed. In that case, run by ANMF Victoria, it was determined that the allowance is only payable when the ‘employer requires an employee to wear a uniform’; if the uniform is not supplied the uniform allowance must be paid. The employer in this instance also had a Uniform Dress Code which included guidelines on acceptable clothing to be worn. The determining Judge found that the employer’s Dress Code did not impose a ‘requirement that certain apparel be worn’. The wording of the enterprise agreement in the current case is the same as in the Victorian case. It appears that the words contained in the Moran’s Dress Code have been specifically chosen to ensure that there is no requirement that certain apparel is worn and therefore there is no entitlement to the allowance.

St Catherine’s Aged Care Services Bethany Nursing Home - Eastwood

Management sought voluntary redundancies from the RNs as part of a restructure where the facility was to cut 76 RN hours. Following involvement of the Association the restructure was set aside to allow consultation to take place. The branch met with management and negotiated a reduction in duties to meet workload concerns and the re-employment of the RNs taking a voluntary redundancy onto the casual pool in the facility.

UnitingCare NSW/ACT McKay Nursing Home

The Association is in dispute with Uniting Care NSW due to the unilateral name change of AiN to Care Service Employee. Members have advised that new name badges were being purchased and distributed to staff without consultation. Management did not respond to any requests for consultation and the matter is being pursued through industrial avenues.

Wesley Gardens Nursing Home

The Association is currently consulting with UnitingCare NSW/ACT on their proposal to change RN titles to Ambassadors as per a memorandum sent to staff. The Association is awaiting a response from UnitingCare on consultation dates.


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Community Sector

SYDNEY ALLIANCE

Sydney Alliance has held a number of very successful assemblies with over 1,000 in attendance from all sectors of Sydney including NSWNMA Councillors, staff and members. Nurses also played a major role in developing campaigns for a public lymphoedema clinic and palliative care services in Northern Sydney and affordable housing in Parramatta. Local nurses addressed these meetings calling for support on these issues in their communities, leading to more nurse leaders and community activists.

As a result of these very successful events, over 60 people attended the two-day Sydney Alliance Community organising training hosted by NSWNMA on 6 and 7 November 2014. This training enables the NSWNMA to develop relationships with faith and community groups and help broad-based community coalitions to build civil society.

Professional Matters

SUBMISSIONS AND INQUIRIES

For the period 24 October to 19 December 2014 the Nursing and Midwifery Board of Australian (NMBA) has released papers for public consultation on the review of the registration standard endorsement for scheduled medicines for eligible midwives. The review is to ensure the standards provide an accurate guide for midwives applying for endorsement.

In addition, during this period, the NMBA has released papers for public consultation on the review of the endorsement as a nurse practitioner registration and associated guidelines.

Draft Disability Inclusion Regulations 2014 The NSWNMA was invited to provide comment on the Exposure Draft Disability Inclusion Regulations 2014 by 27 October 2014. The NSWNMA comments included: Consent be sought prior to conducting a criminal record check.

Those requiring another criminal record check before the last has expired should have the cost met by the department.

Expired criminal record checks need to be safely and securely destroyed.

Clear articulation that relevant workers and board members who have face-to-face contact will require criminal record checks to be undertaken.


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Private Health Insurance in Primary Care Settings The NSWNMA has placed on record objections to the proposal to allow a greater role for private health insurance (PHI) in primary care settings. Outlawing PHI from covering gap payments from GP and specialist consultations and tests has been an important measure that has helped contain inflation of prices charged by doctors. The Federal Minister for Health has repeatedly indicated that he supports a greater role for PHI in primary care and recently gave private insurers the right to tender for management of the new Primary Care Networks that will replace Medicare Locals. If successful, private insurers will effectively coordinate the care provided by GPs in that network resulting in a system very similar to managed care that operates in the US. The NSWNMA has asked the very important question on the benefits for the uninsured. Providing preferential access to privately insured patients will further entrench a two-tier system and stands in stark contrast to the principles of equity and universal access which underpin the Australian health care system. It will also exacerbate the gap between health outcomes for Aboriginal and Torres Strait Islander peoples and non-indigenous Australians as the rates of private insurance uptake in that community are very low. Those without private health insurance will experience reduced or delayed access, worsening health status and will increasingly burden public hospitals with avoidable complications and admissions. The NSWNMA completely rejects the notion that an insurance entity should have a role in dictating when and how a patient can access primary care. Access to that care must be on the basis of need; it must not be determined by private health membership status.

MENTAL HEALTH MATTERS

Strategic Plan for Mental Health in NSW The Mental Health Commission of NSW has now developed a draft Strategic Plan for Mental Health in NSW (the Plan). The Plan was submitted to The Hon Jillian Skinner MP, Minister for Health and Minister for Medical Research and The Hon Jai Rowell MP, Minister for Mental Health and Assistant Minister for Health. The Plan provides recommendations for future reforms to mental health provision in NSW. The recommendations will have an impact across the full spectrum of government services, including non-government and private sectors. The Commission website states that it is anticipated that the plan will become available in the near future. (http://nswmentalhealthcommission.com.au/) Living Well: Putting people at the centre of mental health reform in NSW: A Report, is a companion document to the Plan and was tabled in Parliament on 14 October 2014. The Report and the Plan will set the agenda for mental health reform in NSW. The report broadly outlines the changes that consumers and the Commission would like to see for mental health and includes personal stories told by consumers, carers and professionals that lay a foundation for the directions and changes that the Commission believes is needed for improved mental health service in NSW.

http://nswmentalhealthcommission.com.au/


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The Report is a broadly-worded document that recommends creating easier pathways for people to obtain care much earlier, before they become acutely unwell. It sees the community as the best place to initially improve service provision with hospitals playing a back-up role. It is believed that the community-managed sector (NGO sector) is more able to be flexible and responsive to the needs of consumers and needs to be encouraged to increase its participation in the provision of mental health services for people suffering mental illness. Local communities need to be encouraged to develop solutions at a local level, to make the most of resources they have available to be better able to respond to their local situations. The report touches on the need to challenge stigma and discrimination and highlights the need for specific local campaigns in rural and remote communities. Aboriginal communities need to develop ground-up approaches, driven by the communities themselves. Mainstream mental health services and initiatives must be inclusive of LGBTI people, people with intellectual disability, the clients of the criminal justice system and those with drug and alcohol issues. Services need to build physical health into the recovery journey. The report also mentions future workforce issues and strategies needed to be developed to train and support an increase in peer worker numbers and integrate them into mental health teams. The report encourages self-agency – where people draw on their own strengths and the resources of their families. It wants mental and physical health needs to be seen holistically, across the whole-of-life span: this includes perinatal services through to aged care services (especially as a marked increase in the population aged 65 years and older will take place during the next 10 years). The Association looks forward to being able to review the Mental Health Commission of NSW Strategic Plan for Mental Health in NSW more comprehensively when it becomes available in the near future

Bob Fenwick Mentoring Grants Program The Bob Fenwick Memorial Mentoring Grants Program Award Ceremony took place on 18 September 2014 at the Mercure Sydney with 65 people attending. The opening speech was given by The Hon Jai Rowell, Minister for Mental Health, who made a commitment to continue the program; calls for expressions of interest will open in January 2015. The NSWNMA General Secretary spoke on the achievements of the program over the last three years and Ms Kate Fenwick presented on behalf of the family. Mr John Feneley, NSW Mental Health Commissioner and Mr Jeremy McAnulty A/Deputy Secretary Population and Public Health were also present at the ceremony. A short video of the ceremony is available on the NSWNMA website.

NSW Rural Mental Health Network The Association was represented at the NSW Farmers Rural Mental Health Network meeting held on 2 October 2014, chaired by Fiona Simson, President, NSW Farmers Association. The third edition of the Glove Box Guide to Mental Health booklet, an important tool in helping break down barriers to understanding mental health in rural and remote areas across NSW, was officially launched at the meeting by Ms Simson and Trevor Hazell, Executive Manager of Programs and Services for the Centre for Rural and Remote Mental Health.


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Ms Kerri Lawrence, Manager, Strategy and Policy, NSW Mental Health Commission, presented on the NSW Strategic Plan for Mental Health that is currently with the government awaiting final approval before public release.

SCHOLARSHIPS

Lions Nurses’ Scholarship Foundation The Lions Nurses’ Scholarship foundation closed on 31 October 2014 with a record 144 applications: 42 in Category A and 102 in Category B. The panel will meet to review the applications in late November 2014.

Old People’s Welfare Council Scholarship The Old People’s Welfare Council Aged Care (OPWC) Scholarship, round two, closed on 3 October 2014. This round is for RNs or ENs to apply for fees and associated costs to attend a two-day wound management and skin integrity course. Over 100 applications were received and 21 scholarships were awarded to nurses from a broad range of areas across the state.

UNIVERSITIES AND COLLEGES

NSWNMA Research Partnership Project with UTS The NSWNMA has met with the University of Technology to progress the current research project: Fit for the future: ensuring the health and wellbeing of the Australian nursing workforce to sustain future healthcare service delivery. The first stage of this project involving a survey has been undertaken and initial findings will be discussed, as well as future plans for stage two of the project.

WORK HEALTH AND SAFETY MATTERS

Asbestos in Health Care Facilities The subject of asbestos in health care facilities has been raised by a number of unions at Unions NSW WHS meetings. Hospitals specifically mentioned include Westmead, Mona Vale and Blacktown, although asbestos is present in all older facilities. There is a level of concern about how well the risk is being managed given occasional accidental exposures of staff, especially maintenance staff. Unions NSW is seeking consultation with the government with a view to lobbying for the implementation of a robust program of asbestos removal and containment.


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Declaration of Emergency Departments as Mental Health Facilities Following consultation with Bathurst Base Hospital management on declaration of the ED as a mental health facility, information provided to the NSWNMA indicates that the declaration of EDs as mental health facilities may be a state-wide initiative driven by NSW Police and the Ministry of Health. It appears that the Ministry has agreed to a number of rural health services being declared under the Mental Health Act 2007 for the purpose of police presentations. It is believed that the first tranche of hospitals will be declared by end 2014, and a second tranche by end June 2015. There are a number of significant safety implications for patients and staff given that many of these facilities are not designed or resourced for management of mental health patients. Some of the proposed facilities are small, e.g. Cowra, and it is difficult to imagine how safe care will be managed at this stage. The NSWNMA will seek further information from the Ministry and request involvement in the consultation and planning process at the state level.

Nurses and Midwives’ Uniforms NSW Health has advised that the range of 100% cotton uniform options is to be extended; however with some delays in supply, the additional styles will likely not be available until early in 2015.

Bathurst Base Hospital The NSWNMA has been invited by Bathurst Base Hospital management to participate in risk assessments and planning in preparation for affirming the emergency department a declared facility for mental health patients. To date, NSWNMA has attended one meeting of the working party, and a joint inspection and risk assessment of the safe assessment room in the ED. The existing room is not suitable for declaration as it does not meet current standards; there is also no safe bathroom for patients, and refurbishment will be required to meet standards. Other work required includes development of policies and procedures (including seclusion), access to psychiatric assessment and coverage, staff education and implications for staffing with respect to patient supervision and care.

Mudgee Health Service Mudgee Health Service has requested Association assistance in developing strategies for managing the risk from a repeatedly violent patient who frequently attends for health care. A multi-disciplinary and agency meeting is to be held on 14 November 2014; local police will also be in attendance at the meeting.

Murwillumbah District Hospital NSWNMA was invited to attend a WHS inspection of the refurbished ED that is greatly improved although a few issues remain to be resolved such as the Medical Emergency Team (MET) alarms that do not alert MET members outside the ED. In addition, the ED does not have a negative pressure isolation room as there was insufficient funding. The lack of isolation rooms in a major tourist destination at times of major infectious diseases, such as Ebola, is of concern. The new air conditioning system on order will use far less electricity and be more cost-effective and environmentally-friendly.


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OTHER PROFESSIONAL MATTERS

Environmental Health The Association has become a member of the Global Green Healthy Hospitals (GGHH) Network. The GGHH connect website platform has been upgraded so that the NSWNMA is able to access tools, specific case studies and information from nurses and other experts from all over the world, in order to pass these resources on to members in hospitals and other workplaces. The Association has also advertised in the November issue of The Lamp for interested members who would like to receive the new electronic newsletter covering environmental health issues and offering them a voice in relation to their specific needs.

Incident Information Management System Correspondence was forwarded to the Ministry of Health relating to the Annual Conference-endorsed resolution on the following concerns with the Incident Information Management System (IIMS):

lack of feedback following notification of an incident;

notifications can be edited by line managers without knowledge of the original author, and

the original author is not able to print a copy of their IMS notification.

Clarification was also sought on the consultation that has occurred, whether frontline clinical staff have been involved and the communication that has occurred across the public health system. The Ministry advises:

Consultation included 56 workshop with at least two per Local Health District, with strong representation from nurses and midwives. The survey received 2,300 responses and collected information about the inclusions frontline users want in the new IIMS.

Over 4,000 functional requirements were collected from initial consultation and formed the basis for Tender Specifications; tenders closed on 7 February 2014.

The tender evaluation committee has had frontline nursing representation involvement and a preferred vendor has been identified but has not yet been announced.

The project team is currently conducting additional workshops to develop the draft datasets to be included in the new system. The proposed methodology includes the participation of frontline nurses nominated by Local Health Districts.


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The Ministry further advises that a number of enhancements have been incorporated into the tender specifications:

Capability to provide the notifier with feedback about an incident and for all users to see a list of events they have reported, including status and whether feedback is available for review.

Preservation of the original notification text, and a visible audit trail of any changes or additions.

Notifiers being able to view a list of incidents they have reported (unless anonymously reported), capacity to print some incident details is being explored and data security will be considered.

A newsletter has recently been distributed across the NSW Health System providing an update on the current progress with the review of the IIMS program.

LEGAL MATTERS

A new process entitled the Performance Interview has been introduced by the Australian Nursing and Midwifery Accreditation Council (ANMAC) whereby the Council may identify a sub-committee of members to meet with and interview the nurse or midwife. After the interview, the sub-committee makes a report and submits recommendations to the Council in relation to the appropriate course of action for the matter. Association legal officers have received several requests from members for support and assistance during this Performance Interview.

Member & Delegate Education

BRANCH OFFICIAL ACTIVIST TRAINING

The final Branch Officials and Activists Training (BOAT) course for 2014 will be held on 26 and 27 November 2014. The BOAT program aims to provide members with the skills and knowledge to run their branch and local campaigns. An evaluation of the course will be attended at the end of the year with dates for 2015 to be made available in early January 2015. Delegates with specific feedback or requests with regard to the training and support offered by the NSWNMA are invited to email their comments to [email protected] The Association was successful in obtaining a grant to provide training to aged care and private sector members through the ‘Organising Around Bargaining’ workshops. Unfortunately, because of a limited participant uptake, the Association has had to withdraw from the program. The NSWNMA will investigate, in conjunction with the relevant members, ways in which to offer this important training in 2015.


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MEMBERS’ EDUCATION AND SEMINAR PROGRAMS

The following courses were held in September, October and November:

Are you meeting your CPD requirements? ½ Day, Batemans Bay 10 September Legal & Professional Issues ½ Day, Batemans Bay 11 September Practical, Positive Leadership 3 Days (1 of 3), Waterloo 22 September Are you meeting your CPD requirements? ½ Day, Dubbo 25 September Legal & Professional Issues ½ Day, Dubbo 26 September Practical, Positive Leadership 3 Days (2 of 3), Waterloo 23 October Foot Care for Nurses 2 Days, Ballina 29, 30 October Strategies to Prevent Stress & Burnout 1 Day, Waterloo 29 October Strategies in Managing

Conflict & Disagreement 1 Day, Gymea 13 November Policy & Guideline Writing 1 Day, Waterloo 13 November

Final courses for 2015 being held in November and December:

Practical, Positive Leadership 3 Days (3 of 3), Waterloo 20 November Are you meeting your CPD requirements? ½ Day, Grafton 20 November Legal & Professional Issues ½ Day, Grafton 21 November Are you meeting your CPD requirements? ½ Day, Broken Hill 2 December Legal & Professional Issues ½ Day, Broken Hill 3 December

The education calendar for 2015 will be developed in late November/December 2014.

Professional Issues Committee

PROFESSIONAL ISSUES COMMITTEE

Midwifery Reference Group The NSW Health and the Nursing and Midwifery Office (NaMO) are again supporting rural midwifery by providing post-graduate student midwifery scholarships to small NSW rural maternity facilities in 2015. The Sax Institute will follow up with a scholarship outcome evaluation and from their findings will be able to identify whether small rural midwifery units are able to provide a sustainable midwifery workforce for local women birthing close to home. The NMBA has introduced a new model for assessing the qualifications of international nurses and midwives. The new model, implemented on 10 February 2014, is based on the National Law with clear educational standards, and stipulates that in order to be registered, international nurses and midwives have to achieve an AQF7 which is equivalent to a nursing degree. If they are assessed as having an AQF6, equivalent to that of a nursing diploma, they will be referred to an NMBA-approved bridging program; however, some international nurses and midwives with additional qualifications may be able to achieve an AQF7. Moreover, criterion 5 of this assessment states that midwives have to have evidence of 20 hours continuity of care experiences. Where an internationally qualified midwife meets all requirements except continuity of care the NMBA may impose a condition on registration requiring supervision for a period of 12 months.


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Mental Health Reference Group The Mental Health Reference Group met on 16 September 2014. A number of instances of observations not being recorded accurately have recently come to the attention of the Association. Night observations and the risk of waking patients when doing rounds every 10 minutes, as required by some local policies, was raised. On a number of occasions and following a major incident, CCTV footage has been used to check whether staff members have undertaken observation rounds as required by local policy. Care levels and observation frequencies vary between services and there does not appear to be a standard level or frequency recommended in NSW Health policies. The NSWNMA does not agree with the current design of the care level forms used by a number of services that have times of rounds pre-written for every 10 or 15 minutes. The NSWNMA has written to the Minister for Mental Health, seeking a review and standard design for the observation chart, and requested development of a state-wide policy in regard to observation levels, similar to ‘Between the Flags’, to help with nurses’ understanding of requirements. The Association has also offered to assist in the development of any new policy and forms.

Brett Holmes

General Secretary


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Annexure 1

OTHER BARGAINING UNDERWAY

Bargaining for Agreements that is continuing, in varying stages of progress, includes the list below.

Owner No. of Sites Sector

Abel Tasman Village Association Ltd 1 Aged Care

Accredited Aged Care Australia Pty Ltd 1 Aged Care

Alkira Hostel Inc 1 Aged Care

Allity Pty Ltd 14 Aged Care

Anglicare - New South Wales (Chesalon) 8 Aged Care

Armenian Rest Home Association 2 Aged Care

Australian College of Nursing Limited 1 Affiliated Health Organisation

Australian Croatian Cardinal Stepinac Association Limited

1 Aged Care

Australian Nursing Home Foundation Limited 4 Aged Care

Bankstown City Aged Care Limited 4 Aged Care

Baptist Care 22 Aged Care

Barraba and District Retirement Homes Association

1 Aged Care

Bega & District Nursing Home Ltd 2 Aged Care

Bundaleer Care Services Ltd 3 Aged Care

Carrington Centennial Care Ltd 1 Affiliated Health Organisation

Catholic Healthcare Limited 3 Various

Central Coast Community Care Association Limited

3 Aged Care

Coffs Harbour Legacy Welfare Fund 1 Aged Care

Cooinda Coonabarabran Limited 1 Aged Care

Cranbrook Care Group 1 Aged Care

Deniliquin Nursing Home Foundation Ltd 1 Aged Care

Denman and District Retirement Centre Association

1 Aged Care

Dungog and District Retirement Living Ltd 1 Aged Care

Fairview Care Limited 1 Aged Care

Great Lakes Aged & Invalid Care Association Ltd

1 Aged Care

Gunnedah Aged Care Services Limited 1 Aged Care

I & E Klein Investments Pty Ltd 1 Aged Care

Kanandah Retirement Ltd 1 Aged Care

Lithgow Aged Care Limited 2 Aged Care

Living Care (Churches of Christ in NSW Property Trust)

9 Aged Care

Mercy Services 2 Aged Care


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Moran Health Care 1 Aged Care

NSW Dept of Family and Community Services 31 Public Service

Odyssey House McGrath Foundation 1 Private Sector Specialist Services

Peninsula Village Limited 1 Aged Care

Pioneer House Aged Care Incorporated 1 Aged Care

Presbyterian Aged Care NSW and ACT 9 Aged Care

Rasko Holdings Pty Ltd 1 Aged Care

Royal Far West Chs & Serv For Aged 1 Private Sector Specialist Services

Seventh-day Adventist Aged Care (North New South Wales) Ltd

2 Aged Care

Southern Cross Care (Broken Hill) Ltd 3 Aged Care

Trustee of the Roman Catholic Church for the Diocese of Sydney

5 Aged Care

Woy Woy Community Aged Care Ltd 1 Aged Care

NEW AGREEMENTS APPROVED BY EMPLOYEES

Agreements with the following employers have either been voted ‘in favour’ by employees and are in the process of being lodged with the Fair Work Commission or are now ratified by the Fair Work Commission, and are awaiting the mandatory seven days before becoming operational.


Adelene Retirement Village 1 Aged Care

Anglican Care - Diocese of Newcastle 9 Aged Care

Ashfield Baptist Homes Ltd 1 Aged Care

Ashford Ageing Care Facility Inc 1 Aged Care

Australian Red Cross Blood Service NSW 27 Private Sector Specialist Services

Autumn Lodge Village Inc 2 Aged Care

Berrigan and District Aged Care Association Ltd 1 Aged Care

Bethshan Ministries Limited 1 Aged Care

Brisbane Water (NSW) Legacy 2 Aged Care

Bushland Health Group Limited 2 Aged Care

Cedar Place Aged Care Facility Ltd 1 Aged Care

Charingfield Limited 1 Aged Care

Christian Brethren Community Services 3 Aged Care

Christophorus House Retirement Village 1 Aged Care

Coal Services Health 5 Other

Coleambally Aged Persons Accommodation Association

1 Aged Care

Coonamble Hostel Association 1 Aged Care

Cootamundra Health Care Co-operative Limited 1 Aged Care


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Cowra Retirement Village Ltd 1 Aged Care

Crookwell/Taralga Aged Care Ltd 2 Aged Care

Dougherty Apartments Retirement Housing Project

1 Aged Care

Dubbo RSL Aged Care Association 2 Aged Care

Finley Regional Care Limited 2 Aged Care

Garden Village Port Macquarie 1 Aged Care

Government State NSW - Other 2 Public Service

Great Lakes Nursing Homes Ltd 1 Aged Care

Gulgong Hostel Association Inc 1 Aged Care

Gundagai and District Hostel Accommodation Inc

1 Aged Care

Harbison Memorial Retirement Village 2 Aged Care

Haven Community Limited (The) 1 Aged Care

Hay Senior Citizens Association 1 Aged Care

Hunter Housing Inc 1 Aged Care

IBIS (No 2) Pty Ltd 1 Aged Care

Illawarra Diggers Aged and Community Care Residence

1 Aged Care

Imlay District Nursing Home Ltd 1 Aged Care

Inasmuch Community Inc 1 Aged Care

Indo-Chinese Elderly Hostel Project Inc. 1 Aged Care

KOPWA Limited 1 Aged Care

Kurrajong & District Hospital Society Inc 1 Aged Care

Lee Hostel Committee Inc 1 Aged Care

Lutheran Church of Australia 3 Aged Care

Maari Ma Health Aboriginal Corporation 1 Medical Centres & GP Services

Multicultural Aged Care Illawarra Ltd 1 Aged Care

Northern Coalfields Community Care Assoc 3 Aged Care

Our Lady of Consolation Aged Care Services Ltd 1 Aged Care

Our Lady of Grace Fraternity Inc 1 Aged Care

Port Stephens Veterans and Citizens Aged Care Ltd

2 Aged Care

Rylstone Kandos Aged and Disabled Association Inc

1 Aged Care

Sight for Life Foundation Ltd 1 Private Sector Day Procedure Centres

Sir Moses Montefiore Jewish Home 4 Aged Care

St Hedwig Village 1 Aged Care

Strathearn Village 1 Aged Care

Stroud Community Lodge Inc 1 Aged Care

Tenterfield Care Centre Inc 2 Aged Care

The Pioneers Lodge Inc. 2 Aged Care

The Whiddon Group 20 Aged Care

Thomas Holt Memorial Village 2 Aged Care


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Timbrebongie House Inc 1 Aged Care

Tocumwal Lions Community Hostel Limited 1 Aged Care

Touriandi Inc 1 Aged Care

Trustees of the Roman Catholic Church Diocese of Lismore

10 Aged Care

Trustees of the Roman Catholic Church 1 Aged Care

Trustees of the Maronite Sisters of the Holy Family

2 Aged Care

United Protestant Association of NSW 18 Aged Care

UnitingCare NSW/ACT 79 Aged Care

Waratah Respite Centre (Mid North Coast) Inc 1 Aged Care

Warrigal Care 9 Aged Care

Woodose Pty Ltd 1 Private Hospitals

Woolgoolga and District Retirement Village Ltd 1 Aged Care

Documents

General Secretary’s Report - members.nswnma.asn.aumembers.nswnma.asn.au/wp-content/uploads/2015/06/CoD-Gen-Sec... · General Secretary’s Report ... held at 50 O’Dea Avenue,