EBA 2024 Update – Volume 9

Welcome to the ninth edition of a bulletin that aims to keep Western Health’s nurses and midwives informed and up to date on the bargaining negotiations for the successor enterprise agreements to both the:

• Nurses and Midwives (Victorian Public Sector)(Single Interest Employers) Enterprise Agreement 2020-2024
• Victorian Public Mental Health Services Enterprise Agreement 2020-2024

which collectively cover all nurses and midwives employed at Western Health.

Introduction

This update provides information regarding the progress of the bargaining processes for the new Enterprise Agreements (EA) which will take effect over 2024.

The enterprise agreement for nurses and midwives working in public health services across Victoria expired on 30 April 2024.

Nurses working in mental health services are covered by a separate enterprise agreement which expires in December 2024. Negotiations for this agreement will commence later this year.

Background

The State Government provided an offer to the Australian Nursing & Midwifery Federation (ANMF) in March which included a 4-year agreement, a 3% per annum wage increase, a pro rata $1,525 per EFT lump sum payment and agreement to a number of no-cost items to be included in the Agreement.

At an ANMF members meeting held on 21 March, a resolution was agreed to reject the offer and hold a protected industrial action ballot.

Protected Industrial Action

The ANMF announced the outcome of the Protected Action ballot to their members at an unpaid meeting on 30 April 2024. Western Health was also notified of the outcome by Vero on this date.

57% of Western Health nurses and midwives that are ANMF members voted, and the ballot supported the implementation of protected industrial action measures, including:

• commencing Stage 1 on Tuesday 7 May including wearing campaign t-shirts, refusal to work overtime, promotion of campaign and social media activity, administrative bans, and hospital in the home and community nurses writing messages on work car windows.

ANMF have delayed further industrial actions to allow for the Government to try to resolve the dispute. A further ANMF meeting will be held on Wednesday 15 May to consider any new offer from the Government or to confirm the start of Stage 2 protected industrial action, which includes:

• commencing on Friday 17 May the closure of one in four beds, cancellation of one in four planned surgeries and stop-work meetings. Exemptions apply to neo-natal and paediatric patients, haemodialysis patients, maternity patients, oncology patients, palliative care, terminations of pregnancy, intensive care units, coronary care units, high dependency patients and residential aged care bed in which the resident is absent while admitted to hospital will not be subject to closure.

Protected industrial action should not commence earlier than the above dates.

Western Health values our staff and we respect their right to take industrial action.

Please note that whilst posting campaign material, writing on car windows and social media activities are part of the protected industrial action, hospital property must not be damaged by the posting of material and social media activities must comply with the NMBA Social Media Guidance and Western Health’s Social Media – Access, Utilisation and Obligations procedure.

Industrial action can be challenging and emotive for all those involved, and it is important to acknowledge that there will be varying views and it will be normal to sometimes feel conflicted. It will however not last forever and there will be an outcome at some point. It is vital that we continue to treat each other with mutual respect and that we don’t do anything that would compromise the important working relationships that each of us has with our colleagues.

Federal Nurses Award application

A separate and unrelated application has been made to the Fair Work Commission for an increase in the Nurses Award rates of pay for nurses and midwives across the country.

The Application seeks to vary the Nurses Award and has been made following the recent Aged Care Work value case, which saw the wages of nurses and other workers working in the residential aged care sector increase.

The rate of pay in the Nurses Award have traditionally been irrelevant to nurses and midwives working in the Victorian Public Health Sector, as the EBA rates of pay have always been higher. However, if the Fair Work Commission supports this application this may change – as the base pay rate in an EBA can’t be less than the base pay rate in the award.

As this application is not related to the EBA negotiations, both will progress independently with separate timelines.

Keeping informed

Western Health will continue to provide regular updates on the outcomes of the bargaining process and how the new enterprise agreements for 2024-2028 are progressing.

Unions will also provide information to their members through regular publications, notices and meetings.

Any queries or concerns can be discussed confidentially with the relevant Divisional Director of Nursing & Midwifery, Deputy Executive Director of Nursing & Midwifery or People & Culture Business Partner.