EA Update 6 – Public Sector Agreements & Award Variation

The Australian Nursing and Midwifery Federation Tasmanian Branch (ANMF) attended the Tasmanian Industrial Commission via phone link to file the following two agreements:

  1. Nurses and Midwives (Tasmanian State Service) Agreement 2019
  2. Caseload Midwifery Industrial Agreement 2019
  3. And a variation to several clauses in the Nurses and Midwives (Tasmanian State Service) Award.

We are pleased to advise members that the Commission has approved all of the above documents. Both agreements have a nominal expiry date of June 2023.

Caseload Midwifery Industrial Agreement 2019

In addition, for midwives employed under the caseload midwifery agreement:

Team leader loading is increased to 25%.

Time off in lieu (TOIL) can be accrued to allow midwives to remain on shift if a birth is imminent, despite having reached the end of their normal working hours. This TOIL, if not used within three months of the hours worked, will be paid out at the overtime rate.

Award Variations

Personal leave: This clause has been varied and allows for the provision of a statutory declaration where it is not reasonably practicable for the employee to provide a medical certificate. The clause also allows part time employees, who currently accrue personal leave only on their contracted hours, to accrue personal leave on ordinary hours worked. This will mean that part time workers who find they have neared the end of their personal leave, will no longer have to apply for an audit of hours worked in order to identify any additional leave which is available for their use.

12 hour shifts clarifies that the two 20 minute meal breaks are to be paid.

Parental leave: As of 1 December 2019, a mother will be entitled to 16 weeks paid maternity leave and partner leave will be 3 weeks paid. In addition, mothers will receive superannuation payments during the unpaid period of parental leave in the first 12 months.

Meal allowance: A meal allowance is payable for eligible employees who are now 60km (was 16km) from their work base during a meal break.

The allowance has been increased to:

  • Breakfast $13.80
  • Lunch $15.50
  • Dinner $26.40

The meal allowance also now has a mechanism to update each year. The rate had been fixed for many years and was insufficient to purchase a meal. This brings the conditions in line with the other State Service Awards.

Return from annual leave: The Award could require an employee to return to work when on annual leave. Now an employee may be requested to return. If you return, then payment on the day of return will be at double time and your annual leave will not be recredited. If you agree to remain at work after that day, your annual leave will be recredited and you will receive your ordinary pay going forward.

Post graduate allowance: has been amended to clarify that the Nurse Practitioner is (as was always the intention of the clause) eligible to receive a post graduate allowance for a relevant qualification other than the qualification which entitled them to become a Nurse Practitioner.

Compassionate and bereavement leave: Previously, if a member was on recreational or parental leave they were excluded from these entitlements. This anomaly has now been corrected and members will be recredited recreational and parental leave where compassionate or bereavement leave applies (evidence may be required).

Grade 8 and Grade 9’s: will receive base salary for time taken after hours while on call taking phone calls.  Payment is calculated on the cumulative hours worked and rounded up to the nearest hour.

The ANMF will continue to advocate for members during this difficult time, with further updates and advice provided as they come to hand. If you have any queries please do not hesitate to contact our Member Support Team via membersupport@anmftas.org.au or for urgent matters phone (03) 6223 6777 or 1800 001 241 (if outside Hobart). Please note that due to the current COVID-19 situation, our Member Support Team are now practicing social isolation measures and working from home. Bearing this in mind, email is the preferred and fastest way of contacting them.

Download a print ready PDF here.

Updates correct as at 15 May 2020
Authorised by Emily Shepherd, ANMF Tasmanian Branch Secretary