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Public Sector Agreement & Public Holidays
Please find attached information sheets.
Public Sector Agreement Implementation
Public Holiday Entitlements Joint Fact Sheet
Public Holiday Industrial Commission Full Bench Decision
ANF is pleased that there is now clarity in relation to the application of the relevant award provisions and that all past annual leave credited entitlements have been preserved.
Please see below flier for more information on the Industrial Commission Full Bench Decision and the general principles applying to all public sector nurses/midwives.
Public Sector Industrial Commission Full Bench Decision
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DHHS Public Holiday TIC Appeal
The Application by the Minister seeking leave to appeal the decision of DP Shelley (Public Holidays) was heard by the Full Bench of the Tasmanian Industrial Commission on 23 and 24 August 2010.
The Full Bench has retired to consider lengthy submissions made by legal representatives for the Minister and by Counsel representing ANF members.
It is not known when the decision will be handed down, however ANF will continue to keep members informed of any developments.
Regardless of the outcome ANF will continue to advocate on behalf of members in order to ensure that shift working nurses have acceptable compensation for working public holidays and do not miss out on the benefit of leave which is provided to day workers.
As previously advised prior to the Hearing ANF legal representation forwarded the following summary of the proposal/orders sought by the Minister:
(a) make orders with the effect that shift workers have no entitlement to public holidays and no compensation;
(b) remove from shift workers the 11 (or 11 ½) days they have added to their annual leave entitlement each year for public holidays. This is despite acknowledging that the practice has extended for 30 years. Instead, the Minister says shift workers should only have a day added to their annual leave for each public holiday falling during their annual leave;
(c) continue the payment of double time for shift workers working public holidays (or a day in lieu) but reversing the decision of Shelley DP so that the employer, not the employee, decides if double time is paid or a day’s time in lieu is taken; and
(d) make orders setting off all the 11 (or 11 ½) annual leave days credited to shift workers in the past for public holidays, against their entitlement to double time, or a day in lieu, for working public holiday. This would result in shift workers being paid ordinary time only for working public holidays into the future until all the annual leave days for public holidays credited to them in the past have been exhausted.
If you have any queries please do not hesitate to contact the ANF Information Office on 6223 6777, 1800 001 241 (outside Hobart area) or email info@anftas.org.
Authorised: Neroli Ellis
Branch Secretary
25 August 2010
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Public Holiday Dispute
In July 2009 the TIC handed down a decision which stated that, in accordance with the Award, a shift working nurse working on a public holiday is entitled to either double time payment for hours worked or the double hour equivalent added to their leave balance, as well as having 11 or 11.5 PH days added as part of their leave.
ANF and DHHS were directed to confer and provide documentation to give effect to the decision, but after several meetings DHHS indicated it was unable to agree on draft orders. On October 30 2009 the Commission ordered that, by no later than 20 April 2010, the DHHS was to correct any public holiday underpayment for shift working nurses backdated to January 1 2006.
The Agency has since appealed this finding, and ANF are still working towards the rights of members for backpay for previously worked public holidays. We will keep you informed of any advances in the matter.
Public Holiday Dispute
Find out the latest information regarding the Public Holiday Dispute. ANF is representing members at the Tasmanian Industrial Commission hearing.
ANF Notice – Public Holiday Dispute – 30 March 2010
TIC Agrees with ANFs position! In July 2009, a decision was handed down on the public holiday dispute.
ANF Notice – Public Holiday Dispute – 13 July 2009
TIC Decision Paper – 13 July 2009
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As a casually employed nurse feel I am already discriminated, by the fact that in leu of holiday and sick pay I am paid a 20% loading, that goes no way near covering sick or holiday pay. I now see that on bank holidays I am going to be further discriminated against and insulted by only being paid 1.7 multiple of my hour rate.
ANF has been advocating for the loading to increase
How is the case for the higher level of NUM’s going?
This was supposed to be finalised in December 2011.
Regards
RJW
Unfortunately all issues relating to grading under the Heads of Agreement 2011 have stalled. ANF have pursued this issue with the DHHS but have had difficulty getting them to address a number of issues under dispute from the Heads of Agreement. This includes a number of issues such as public holidays, some allowances and in particular the criteria for grading of Grade 3 and 4 and the criteria for determining the NUMs position. Information provided by Neroli Ellis today – Wednesday 8 February – is that there has been significant feedback regarding grades 7-9 and we are expecting further detail relating to this matter tomorrow. Once this is received and ANF are in a position to provide information that will give a reasonable expectation to NUMs of the future grading options this information will be disseminated to those affected. ANF would assure all NUMs that we will continue to pursue this matter on their behalf.