PR954182 PR954182 Download Word Document AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION Workplace Relations Act 1996 s.170NA conciliation in respect of agreements Minister for Health (BP2004/1268) Western Australian Alcohol and Drug Authority (BP2004/1269) Minister for Health (BP2004/1270) Minister for Health (BP2004/1271) Health and welfare DEPUTY PRESIDENT MCCARTHY PERTH, 10 DECEMBER 2004 Conciliation pursuant to s.170NA. STATEMENT [1] I conducted a conciliation conference between the Australian Nursing Federation (the ANF) and the Minister for Health of Western Australia (the Minister) on 9 December 2004. I have conducted nine conciliation conferences since September. All of the conciliation I have conducted has been at the request of the Minister. I have also conducted formal hearings of different natures in relation to these and related matters. [2] I concluded the conciliation yesterday as I formed a view that there was no prospect of an agreement being reached. The cost of the claims the ANF is pursuing, when taken together, is considerable. The Minster has costed the claims and indicated the cost of the claims if he were to agree, exceeds it's the Government's financial capacity if the state's financial affairs are to be managed responsibly. [3] Having examined all of the claims and the Minister's and ANF's position on all of those claims, I consider that the parties should seriously consider a settlement in the interests of the state and in the interests of nurses employed. I am of the view that if agreement is not reached now, then it will be some months before agreement can be reached, if at all. [4] Normally I would not consider it appropriate to make recommendations when conducting or concluding conciliation. However I consider the circumstances here are such that it is right and proper that I make recommendations. I have decided to improve and expand on my recommendations of 8 October 2004. [5] Influencing my decision to formalise recommendations is that I have formed a clear view of what I consider a reasonable outcome of the negotiations would be. I note that the compound effect of the increases I recommended on 8 October was 13.8%. In this regard the question posed to members of the ANF in the ballot conducted by the ANF represented the increase I suggested as 13.2%. I consider the question posed did not properly or adequately reflect the recommendations I made on 8 October 2004. [6] This recommendation, I think, could influence the parties to finally agree. I consider there is some recognition by the Minister that he could improve his offer. Similarly the ANF could recognise the incapacity of the Government to satisfy all of its claims. In further recognition of these matters I have suggested the first instalment of the wage increases should be backdated and take effect from 1 July 2004. [7] I consider there should be an upgrade of the wages recommendations I made on 8 October. Those recommendations for salary increases were based on the maintenance of wage relativities with nurses in other states. I have decided to make further recommendations. Those recommendations are based on progress made during conciliation on 9 December and what I consider to be fair to nurses and reasonable and affordable for the Government. RECOMMENDATIONS CURRENT TERMS AND CONDITIONS The current certified agreement provisions to be retained except for changes agreed. SHIFT COORDINATION ALLOWANCE A Level 1 nurse who acts as a designated Shift Coordinator for the whole of a shift to be paid a higher duties allowance to Level 2, first increment. PARENTAL LEAVE The current entitlement to six (6) weeks paid parental leave will increase to seven (7) weeks from 1 January 2005 and then to eight (8) weeks from 1 January 2006. OTHER LEAVE Public sector standard entitlements to Cultural Leave, Bereavement Leave, Donor Leave, Emergency Service Leave, International Sporting Events Leave, Training with Defence Force Leave, and Witness and Jury Service Leave will be incorporated into the new agreement. WORKLOADS The terms of the Exceptional Matters order issued by this Commission to be incorporated into a new agreement. However the parties should consider adaptation of the provisions to make its operation more transparent and easier to apply in practice. NIGHT SHIFT LOADINGS Whilst I do not recommend increases in the loadings for night shift work I do suggest that the application of night shift loadings be reviewed in order to remove anomalies and to make the loadings more equitable. I refer particularly to night shifts on Sundays in that regard. WAGES Continued payment of the 3.4% increase paid administratively from 1 May 2004; A salary increase of 1.8% be paid from 1 July 2004 (on 8 October I recommended this increment be from the date agreement was reached with the ANF in expectation that agreement would be reached within a reasonable period, however given the considerable delays in reaching agreement, I consider it appropriate for the increase to be paid retrospectively); A further salary increase be paid on 1 July 2005 of 4.3%; and A further salary increase be paid on 1 July 2006 of 4.5% (on 8 October I recommended 3.7% for this increment based on interstate comparisons). Over the life of the proposed agreement the compound effect of the above wage increases is 14.7%. OTHER CONDITIONS Other matters relating to existing practices and principles should be incorporated into the agreement as conditions of employment as far as is practicable. Such matters include items such as job sharing and operation of annual leave provisions. Further matters that form part of the log of claims that should be progressed but not necessarily form part of the agreement itself include working towards the provision of child care facilities. BY THE COMMISSION: DEPUTY PRESIDENT Printed by authority of the Commonwealth Government Printer <Price code {A}>