Here you'll find important information regarding your Enterprise Agreement and legislative requirements that impact on your working life, including Occupational Health, Safety and Welfare and workers compensation.
The below benefits of your membership will help you on a daily basis throughout your career, at every stage and on every level.
Staffing Issues Reporting Tool
Please click HERE to access the form
Awards/Enterprise Bargaining Agreements
Registered nurses/midwives, enrolled nurses and personal care assistants (PCAs) working in the private and aged care sectors are covered by federal legislation and a federal award.
Those working in the public sector or a local government nursing home are covered by state legislation and a state award.
The Australian Fair Work Act 2009 (the federal legislation) provides the legislative framework that governs employment conditions; awards and agreements are based on the provisions of this Act. The object of the Act is to provide a balanced framework for cooperative and productive workplace relations and provide laws that are fair to employees and flexible for employers to ensure productivity and economic growth.
Federal Awards (members working in the private and non-government sectors) The federal award for nursing and midwifery is the Nurses Award 2010.
PCAs working in the private and non-government aged care sector come under the Aged Care Award 2010.
These awards are enforceable and together with the National Employment Standards (NES) contain the minimum terms and conditions of your employment.
Enterprise Agreements (in the federal industrial system)
Enterprise agreements are negotiated at your workplace between your employer, employees and the Australian Nursing Federation (South Australian Branch) and cover the terms and conditions of your employment at your worksite.
For an enterprise agreement to be approved by Fair Work Australia, it must pass the better off overall test (BOOT); it must provide you with benefits that are both better than those of the NES and your relevant award.
Enterprise agreements must include wage increases and conditions that apply to your workplace, a dispute resolution clause, flexibility clause, consultation clause and a nominal expiry date. The agreements cannot contain discriminatory or unlawful terms.
State Legislation, Awards and Agreements (public sector members)
The aim of the Fair Work Act 1994 (the State legislation) includes promoting goodwill in industry to provide flexibility and efficiency and support economic growth in South Australia. This legislation also provides the rules for awards and agreements and workplace conditions for employees.
If you are employed by the public sector as a registered nurse/midwife, enrolled nurse or assistant in nursing, you are covered by the Nursing/Midwifery (SA Public Sector) Enterprise Agreement and the Nurses Public Sector Award.
Nurses (South Australian Public Sector) Award 2002
The Enterprise Agreement provides the details of your wages and working conditions; if any details are not specifically stated in the agreement the Nurses Public Sector Award applies.
Nurses working within nursing homes managed by local government are covered by an enterprise agreement and the applicable local government nursing award.
Nurses (South Australian Local Government Sector) Award
ANMF (SA Branch) N/MHPPD Calculators – Ready Reckoner (Daily), 14 and 28 Day Staffing Plan
To assist members the ANMF (SA Branch) has developed tools to assist in the calculation and conversion of N/MHPPD (NMEA Appendix 2) to a staff plan for your patient care area.
Daily Staffing Snapshot ‘Ready Reckoner’ Tool
• assists in checking and balancing of nursing/midwifery hours
To use the tool, enter the Nursing/Midwifery Hours per Patient Day (N/MHPPD) as per NMEA Appendix 2 and the expected number of occupied beds or equivalent for your patient care area for that day.
This tool provides a snapshot and therefore an indication only of the average staff plan recognising that the nursing and midwifery hours are balanced over either a 14 or 28 day period.
14 and 28 Day N/MHPPD Calculators
• 14 Day Calculator assists in converting N/MHPPD to a 14 day staff plan or roster
• 28 Day Calculator assists in converting N/MHPPD to a 28 day staff plan or roster
To use these tools, enter the Nursing/Midwifery Hours per Patient Day (N/MHPPD) as per NMEA Appendix 2 and the expected number of occupied beds or equivalent for your patient care area . This gives you the number of nursing/midwifery hours that you are available to be balanced over 14 or 28 day period. The CSC (or equivalent), in consultation with nurses/midwives working on the ward/unit/patient care area, can use the tools to allocate nursing/midwifery hours across the different shifts in the course of 14 or 28 days.
How to access these tools
The tools are available in one excel workbook, for you to download and use offline, here .
Alternatively, you may use each calculator online from the following links:
• Ready Reckoner
• 14 Day Calculator
• 28 Day Calculator
• Country Calculator
SA Nursing/Midwifery Enterprise Agreement Staff Model Appendix 2 – Business Rules – Effective 1 April
South Australian Nursing and Midwifery Staffing Model and Nursing/Midwifery Hours per Patient Day (N/MHPPD) Business Rules have been developed as part of the Nursing/Midwifery (SA Public Sector) Enterprise Agreement 2013.
The Business Rules have been developed to support the operational of clause 3.1 of the Nursing/Midwifery Enterprise Agreement 2013 (NMEA 2013) and will be applied in a manner subject to, and consistent with the provisions of NMEA 2013.
The Business Rules includes:
How to calculator staffing for the projected (or base roster) for the upcoming roster cycle (i.e. 14 or 28 days)
How to use and check staffing on a daily basis using the ‘Calculator’
What the benchmarking and review process to determine or alter N/MHPPD
The ANMF (SA Branch) Council and the SA Department for Health and Ageing (DHA) Executive have endorsed the SA Nursing/Midwifery Enterprise Agreement Staff Model Appendix 2
To download the SA Nursing/Midwifery Enterprise Agreement Staff Model Appendix 2 – Business Rules click here
Advice and Representation
As a member of the ANMF (SA Branch) you are eligible to receive expert advice and representation regarding any industrial (employment) or related professional issue you may have.*
Our Telephone/Email Advisory Service operates from 9.00am to 5.00pm weekdays; should you require advice, simply call the Duty Officer on 8334 1900 or email [email protected]
Alternatively, for general information regarding a wide range of workplace topics please search the ANMF (SA Branch) website.
As an ANMF (SA Branch) member you have access to specialist advice and assistance including:
Enterprise Agreement (EA) Negotiations
The ANMF (SA Branch) bargains with employers with, and on behalf of, members. If you need advice or assistance when it comes to bargaining for better wages, improving career structure, modifying workloads or changing conditions of employment, we can help.
Underpayment of Wages
If you have been underpaid by an employer, the ANMF (SA Branch) can assist you with recovering the money owed to you.
The ANMF (SA) branch is dedicated to ensuring the conditions of Awards and Agreements are met by employers. If you believe that an Award or Agreement condition has not been met, we’re here to help.
Dismissal and Disciplinary Action
If you are subject to dismissal or disciplinary action we can assist in assessing, advising and representing you and will ensure your rights are met.
Australian Health Professional Regulatory Agency
If you have been reported to AHPRA for a professional conduct, performance or health issue we will assist you by providing expert representation and advice.
Occupational Health &Safety (OH&S)
OH&S issues are a high priority for the ANMF (SA Branch.) We are committed to ensuring workplaces are safe. We can provide advice, assistance and representation in cases where a breach of standards occurs or is suspected.
If you have, or need to make, a WorkCover claim, the ANMF (SA Branch) can provide you with advice and representation.
*To be eligible to receive industrial advice and/or representation, the incident for which you are seeking advice or assistance must have occurred while you were a financial member of the ANMF (SA Branch)
Fair Work Act
Fair Work Act 2009 (Commonwealth)
The Australian Fair Work Act 2009 (federal legislation) provides the legislative framework that governs employment conditions. Awards and agreements are based on the provisions of this Act. The object of the Act is to provide a balanced framework for cooperative and productive workplace relations and provide laws that are fair to employees and flexible for employers to ensure productivity and economic growth.
Fair Work Act 1994 (State)
The aim of the Fair Work Act 1994 (State legislation) includes promoting goodwill in industry to provide flexibility and efficiency and support economic growth in South Australia. This legistlation also provides the rules for awards and agreements and workplace conditions for employees.
The Return to Work Act 2014 governs South Australia’s workers’ rehabilitation and compensation scheme. The scheme exists to compensate and rehabilitate workers who experience a workplace injury, with the ultimate aim of assisting them to return to work.
As a worker employed in South Australia you have the right to:
• Make a claim for compensation
• Choose or change your treating health practitioner (don’t feel pressured to see a health practitioner suggested by management; make an appointment to see your own general practitioner as soon as possible)
• Have your worksite union representative present at any meeting regarding your claim (contact the ANMF (SA Branch) to arrange for a Worksite Representative to represent you)
• Have personal information about your physical or mental condition remain confidential throughout the management of your claim, rehabilitation and return to work (exemptions apply – contact the ANMF (SA Branch) for further information)
• Receive union industrial/legal advice prior to signing anything (contact the ANMF (SA Branch) as soon as possible for assistance)
• Be provided with a copy of all medical reports regarding your claim
• Contribute to, and receive a copy of, your rehabilitation and return to work plans
• Have reasonably incurred reasonable expenses paid
• Use an interpreter
• Lodge a complaint with Return to Work SA and Ombudsman SA if you are dissatisfied with the service you receive for your claims manager or rehabilitation officer
• Ask your doctor to refer you to a specialist for medical opinion or treatment
• File an Application in the South Australian Employment Tribunal to review any decision made regarding your claim
• Seek legal representation at any time and be represented by a solicitor
• Be treated with dignity and respect
• Have your cultural and ethnic practices respected
• Be kept up to date regarding your claim
• Have decision making (claims determinations) attended to promptly
Please be aware that your employer is within their legal right to contact your doctor, but only with your permission and only to discuss
• Your diagnosis or prognosis
• Matters strictly relating to your claim
• How they can assist your recovery and return to work
Work Health and Safety
As of 1 January 2013 the new Work Health and Safety Act (WHS) commenced in South Australia.
What is new for South Australia under the new WHS Act?
Under the WHS Act, the key changes in South Australia include:
• an employer will become known as a ‘person conducting a business or undertaking’ (PCBU);
• a health and safety representative will only be able to issue provision improvement notices after receiving training
• a union can apply to the Industrial Relations Commission of South Australia for a Work Health Safety entry permit, allowing the permit holder to enter a workplace under certain circumstances;
A workplace hazard is anything in your workplace that could potentially harm you. The ANMF (SA Branch) is dedicated to ensuring that you, as a member, are safe within your work environment. To this end, we keep well informed on health and safety issues that affect workers in the health care sector and, wherever possible, work to minimise those workplace hazards.
Health and safety issues with which we have recently been involved include asbestos in health care facilities, violence and patient/client aggression or resistive behavior and workplace bullying. We have also focused a great deal of effort modifying manual handling practices; the most common hazard facing healthcare workers.
Reporting a work hazard
Every employee has the right to work within a safe environment. If you believe that your workplace puts you or your colleagues at risk, please report the issue to your:
• Supervisor and/or
• Health Safety Representative and/or
• ANMF (SA Branch) Worksite Representative/Organiser
Current legislation gives HSR specific powers to ensure that the issue is raised with management either directly or through the Health and Safety Committee at your workplace.
Interested in becoming an Health Safety Representative (HSR)?
The functions of an HSR?
The role of HSRs, is particularly important because it provides for the representation of workers on health and safety issues.
The role of an HSR under the WHS Act is comparable to the role of an HSR under the previous legislation.
A HSR has rights under the Act to represent the Occupational Health Safety and Welfare (OHS&W) interests of their co-workers in the workplace. Employers are obliged to consult with HSR about WH&S policies any proposed changes to the workplace/work practices which may affect Health and Safety. HSRs have the power to:
Investigate complaints about WH&S
Inspect the workplace after giving reasonable notice to the employer (or immediately in the event of an incident involving an immediate risk to health and safety).
Accompany a SafeWork SA inspector during an inspection
Be present at interviews of workers following an WH&S incident
Require the employer to consult with the Union in relation to WH&S matters
Health and Safety Representatives are protected under the WHS Act from being discriminated against at the workplace because of their involvement in health and safety.
For information on becoming an HSR, or to register an expression of interest, click here
Example of an Issue:
No Lift, No Injury
Manual handling remains the single biggest threat to the health and safety of nurses, midwifes and personal care assistants. The elimination of manual handling has been successfully implemented in a wide range of health care services both in Australia and overseas. This has led to a significant reduction in the number and severity of back and related injuries as well as considerable decreases in compensation claims and costs for employers.
The ANMF (SA Branch) has adopted a ‘Safer Manual Handling’ policy which seeks to eliminate the manual handling of people in all but exceptional or life threatening situations. Manual assistance may only occur if it does not involve lifting most, or all, of a client’s weight.
To implement the policy within nursing and midwifery environments we have developed the No Lift, No Injury training program.
The training program runs for three days (or less with recognition of prior learning) and students must undergo assessment in order to gain their No Lift, No Injury qualification.
For further information on No Lift, No Injury training, including costs click here
To enrol in a No Lift, No Injury training program click here
Other useful link relating to No Lift, No Injury and WHS training
Information and Advice
The ANMF (SA Branch) is here to assist you with information regarding your rights and entitlements as an employee within the health and aged care system.
We have put together a collection of E-Advice pages to arm you with information regarding workplace topics that could potentially arise or affect you. Simply click on the relevant link below.
– What to do if someone makes a complaint against you
– What to do if you are requested to attend a disciplinary meeting
– What to do if you are underpaid
– The importance of record keeping
– What you need to know about Qualification Allowance
– How to lodge a formal complaint