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Summer 2006

Protecting HACSU Members in Tasmania’s Aged Care Industry

A Campaign Update from the HACSU Aged Care Campaign Team

Most members would be aware that the Federal Government introduced harsh and divisive Industrial Relations legislation in March this year.

Why have these laws been introduced?
The current Prime Minister said they were "the next logical step towards a flexible, simple and fair system of workplace relations..." 26 May 2005

Flexible:
For the employer not working Australians.

Simple:
The Act and Regulations are over 1,300 pages long; hardly simple.

Fair:
In a sample of 250 new AWAs (Individual Contracts) forced on workers after the legislation, the following award conditions were removed: 64% lost leave loading; 63% lost penalty rates; and 52% lost shift loadings. (Peter McIlwain Employment Advocate)

How do these new laws affect workers in Aged Care?
The Nursing Homes Award, a State award, contains 46 clauses or conditions that set your rights at work. As of 27 March this year, this award was transferred into the Federal system. As a result of the new legislation, the Award is frozen and will cease to operate in March 2008. After this time, employers only have to offer employees five minimum conditions.

The five minimum conditions are:
1. A minimum wage - currently $12.75 per hour for an adult.

2. Four weeks annual leave per year (Two weeks may be cashed out leaving a full time worker with only two weeks annual leave)

3. Two weeks sick/carers leave (workers covered by the Nursing Homes Award currently have twenty days)

4. Unpaid parental leave of 52 weeks.

5. A 38-hour working week averaged over twelve months.

Staff at HACSU hve been working hard on your behalf, looking at ways we can protect wages, conditions and job security.

At first glance, a 38-hour working week may sound fair enough. However, averaging out weekly hours over a 12-month period allows employers to avoid paying overtime and penalty rates.

Employers could roster workers below 38 hours on some weeks and above 38 on other weeks, without paying them extra, as long as they worked 38 hours on average.

Under the new system workers will have no protection from unfair dismissal and no access to the Tasmanian Industrial Commission (the 'independent umpire') to settle disputes. Another aim of the new laws is to limit the ability of your HACSU Organiser to enter your workplace. Making it more difficult for you to access information and support.

We have grave concerns for aged care workers job security, wages and conditions.

What have we done to protect aged care workers?
Staff at HACSU have been working hard on your behalf, looking at ways we can protect wages, conditions and job security We believe that collective agreements are fair because all workers are protected and entitled to the same conditions. We also believe that individual agreements, where, in theory, you and your employer negotiate your conditions, are unfair. Workers may work side by side, doing the same work, but have different wages and conditions.

HACSU representatives met with Aged and Community Services Tasmania (the peak body representing nursing homes in Tasmania) to discuss ways to protect your conditions. Aged and Community Services Tasmania wrote to all aged care facilities asking them if they would be prepared to enter into negotiations for a collective agreement. Most nursing homes responded positively.

We are calling the campaign to protect wages and conditions in aged care the 'Respect' campaign, because we believe that aged care workers deserve more respect.

How do we make it happen?
We wanted to know what our members thought and to ask their advice. HACSU Organisers across the state held meetings to present the options available and asked members to decide what sort of collective agreement they would prefer - a collective agreement working within the new laws or a collective agreement outside the new laws. At the time of writing, members across the state have voted for a collective agreement that sits outside of the new restrictive industrial relations laws.

The agreement will be a Common Law Deed. The benefit of a Common Law Deed is that any conditions that members need to function effectively in their workplace can be included in a log of claims at the beginning of the negotiation process.

How did you help us?
What a positive and enthusiastic bunch of members we have in aged care! Many members offered to become campaign supporters. Their role is to assist Organisers in gathering and distributing information related to the 'Respect' campaign.

What can I do?
If you want to make any suggestions about what you would like in your Agreement, talk to a campaign supporter. Look out for notices in your workplace letting you know who they are.

Some members may not be aware of their conditions. Find out if there is a copy of the Nursing Homes Award in your staff room (you are entitled to have a copy of the Award in an accessible place in your workplace) and let us know what parts of the award are no longer used, or which parts need improving. You may like to make a suggestion for new inclusions as well.

Our campaign supporters will keep us informed of what you would like. Think of it as a wish list, but remember we can only negotiate for matters that the majority of aged care members feel strongly about.

The most important thing you can do is encourage other workers to join their union. The more members, the better the agreement!