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Autumn 2003

Federal Court supports HACSU's Post-Graduate Allowance Clause

Payment of back-pay to nurse members has begun, following an historic decision by the Federal Court ruling that “hospital based” qualifications do attract postgraduate allowances under the enterprise agreement.

The Federal Court decision vindicates the wording of the enterprise agreement clause insisted upon by the unions, and ensures nurses with hospital-based qualifications will not be dudded.

The State Government tried to restrict the application of the clause by arguing only Post- Graduate-Qualifications obtained at a University would be recognised.

The Enterprise Bargaining Agreement negotiated by the unions in 2001 provided for a Post- Graduate Allowance for nurses who obtained a qualification over and above their basic nursing qualification.

Clause 13.3 in the Agreement states:
An employee who obtains a relevant postgraduate qualification and who works in an area relevant to that post graduate qualification shall be paid an allowance while they continue to be employed in that relevant area. The allowance to be paid is:

Graduate Certificate 4%
Post-Graduate Diploma or Degree 6.5%
(other than an undergraduate nursing degree)
Masters or Doctorate 7.5%

The parties will establish a working group to reach agreement on what qualifications will be considered relevant and the areas of work to which those qualifications relate.

The Post-Graduate Allowance will be paid from the first full pay period on or after agreement is reached on relevant qualifications but in any case shall be no later than 1 April 2001.

In handing down his decision, Justice Marshall said that there was no vagueness in the wording of the Clause and that taking into account the nature of the nursing industry in Tasmania, the term post-graduate qualification was not intended to be restricted to qualifications obtained at a tertiary institution and that the wording in the Agreement:

"...entitles a nurse who has a qualification obtained after her or his initial nursing qualification to receive an allowance in recognition of the attainment of that additional qualification; provided that the qualification is relevant to the job that the nurse actually does in her or his current employment"

The decision is a big win for nurses in Tasmania.

The hearing has been adjourned for the Court to hear further submissions regarding penalties, underpayments and interest.

Once this has been determined then HACSU will be putting pressure on the Government to pay the allowance ASAP.