Industrial News: February 2012

Practice nurse conditions

The ANF recently filed an application with Fair Work Australia (FWA) as the first formal step in seeking to improve the wages and working conditions of nursing staff employed in medical centres and clinics. This followed the ANF writing to employers in June 2011 seeking to engage them in negotiations to enter into collective bargaining agreements to cover their practice nurses. A small number of employers indicated they would commence discussions to see if a collective agreement could be reached, however the vast majority have declined the invitation to bargain or have ignored the correspondence.

The ANF has applied for FWA to make a low-paid bargaining authorisation to cover up to 850 general practice clinics and medical centres in Victoria, New South Wales and Tasmania. An authorisation would force employers covered by it to bargain in good faith with the ANF for collective agreements and provides FWA with additional powers to assist the parties to reach an agreement, and in the last resort, to arbitrate a resolution. The ANF application includes a draft collective agreement which seeks, amongst other things:

The ANF has argued to FWA that the application should be granted as the pay and conditions of practice nurses are markedly inferior compared to industry standards. Practice nurses generally have either not had access to collective bargaining or have faced substantial difficulty bargaining at the enterprise level due to an imbalance in bargaining strength.

On 19 December 2011 FWA held the first conference of the affected parties to discuss the scheduling of hearings in 2012. At the conference practice nurses were represented by the ANF, and there were a number of employers and employer organisations representing medical practices including the Australian Medical Association, Victorian Hospitals Industrial Association and various consultants. FWA has set down a timetable of hearings, with final hearings listed for June 2012. In the meantime, the ANF and employer parties are required to file submissions and witness statements.

The ANF is concerned some employer groups may recommend their clients use this time to promote arrangements and place pressure on practice nurses to accept changes to their existing terms and conditions in an attempt to move their client out of the ANF application. There are strict penalties for anyone who applies duress on employees; if you are approached by your employer, you are strongly advised to discuss the approach with your ANF Branch representative.

Regular updates on the ANF’s practice nurse campaign are available on the ANF website here.

Andrew McCarthy
Federal Industrial Officer