Fresenius enterprise agreement approved by FWC

Fresenius QNU members
4 February 2014
Fresenius enterprise
agreement approved by FWC
The QNU-Fresenius enterprise agreement was approved by the Fair Work Commission
(FWC) on 19 December 2013.
Considerable struggle was involved in achieving this agreement. The QNU bargained long
and hard with Fresenius for a replacement enterprise agreement, but Fresenius refused to
negotiate further, put its proposal to nurses, and a majority voted in favour of it.
The agreement is much better than the company’s original proposal, but nevertheless it
would have been in part unlawful had QNU not intervened. The agreement would have
allowed Fresenius to unfairly dismiss QNU members for breaching the employer’s policies
or for ‘behaviour inconsistent with the employer’s Core Values’. The agreement also
purported to allow Fresenius to summarily dismiss (without notice) nurses in a range of
circumstances, including a second instance of ‘unsatisfactory performance’.
The QNU insisted on the employer giving an undertaking that the relevant clause in the
agreement (Clause 36) is of no force or effect, which the employer reluctantly gave. That
undertaking has the same effect at law as the terms (clauses) in the agreement.
The major improvements in entitlements won by QNU members employed by Fresenius
through the agreement, include:
Base wages and allowances
Current base wage rates and allowances to be increased from first full pay period on or
after:
»» 1 July 2013 – Wages equivalent to public sector nurses – therefore increases between
3.58% - 17.11%
»» 1 July 2014 – 3.5%
»» 1 July 2015 – 3%
Classification review and restructure
SCC will discuss/review classification structures (through which QNU reps will pursue
appropriate improvements, e.g. reinstatement of Level 3 position at Allamanda).
Uniforms
The employer will provide the employee with uniform blouses/ shirts (no bottoms) as
follows (based on contracted hours):
i.
Full-time and 0.7 FTE – 5 tops
ii.
Part-time of 0.6 FTE and below – 3 tops
iii.
Casual – 2 tops.
OR pay per shift:
Allowance
Laundry
Uniform
www.qnu.org.au
July 2013
$0.32
$0.60
July 2014
$0.33
$0.62
July 2015
$0.34
$0.64
Authorised by B. Mohle, Secretary, Queensland Nurses’ Union, February 2014.
Appropriate skill mix
The skill mix will have RN’s ratio greater than or equal to 50:50 registered nurses to
enrolled nurses at each site. Clinics will aim for a 1-4 patient ratio per nursing staff at
any one time dependant on staffing, patient acuity and needs of the clinic at the time.
Rostering
The employer will provide the employee with the 2 week roster at least 10 days before
the commencement of the roster.
Seven days’ notice of a change of roster will be given by the employer to an employee,
except that, a roster may be altered at any time to enable the functions of the clinic
to be carried out where another employee is absent from work due to illness or in an
emergency. NO OTHER EXCEPTIONS.
The employer must give the employee 12 hours notice to cancel any agreed unrostered
shift or give two hours payment.
The employer will consult with the employee regarding the composition of the roster
and where possible will adjust the roster.
Nursing registration fees
The employer will reimburse the costs associated with a nurse’s annual registration,
except for casual employees or employees who have less than 48 contracted hours per
fortnight.
Superannuation
The employer will pay superannuation at the rates in the table below OR the legislative
minimum (9.25% until 1/7/14) whichever is greater:
Service
Less than 2 years
2 years but less than 3 years
3 years but less than 4 years
4 years but less than 5 years
5 years and greater
Employer contribution
9%
10%
11%
12%
13%
QNU claims refused by Fresenius
Long service leave
Employer’s position, now the agreement
1.3 weeks per year of service.
Maintain minimum Award entitlements.
0.8667 weeks per year of service.
Refused, except for some specified Award
clauses.
Refused.
No reduction in existing entitlements.
Handover time
Every nurse will receive from another
nurse a verbal or written handover of 5
minutes duration at the commencement
of each shift, and another of 20 minutes
duration in the middle of each shift.
Local consultative committee (LCC)
Refused.
An LCC for each site.
Payday changes
Refused. Only one LCC covering all 3 sites.
Payday can only be changed by agreement
of majority of nurses.
Refused. Pay day can be changed anytime
without notice or agreement of nurses.
www.qnu.org.au
QNU claims refused by Fresenius
Car parking
Employer’s position, now the agreement
All employees to be provided with free &
safe car parking.
12 hour shifts
Refused.
All hours worked beyond 3 pm to attract
the afternoon shift loading of 12.5%.
Travelling expenses
Refused.
The employer also pay for, or reimburse
the employee for, all reasonable expenses
that the employee properly incurs when
working away from home.
Classification levels
Refused.
Classification levels and definitions in
accordance with the Award.
Refused. Non-Award classifications
definitions in Appendix B which may
result in nurses being paid at a lower
classification than they would be under the
Award.
The QNU has persuaded Fresenius to agree to many major improvements on the previous
agreement, although Fresenius has refused a number of our claims which ought to
be entitlements for Fresenius nurses. The proposal that the QNU has extracted from
Fresenius is a major step forward, although still less than Fresenius nurses deserve.
As always in enterprise bargaining, the extent to which nurses stuck together determined
the quality of the outcome for them. Fresenius nurses stuck together reasonably well and
so won a reasonably good agreement.
Your QNU workplace reps, Suleen Rautenbach (Allamanda) and Deb Flett (Chermside)
have done a fantastic job of representing Fresenius nurses. Please thank them.
For further information, please contact QNU organiser Vicky Stewart on 3840 1433 or
email [email protected]
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qldnursesunion
www.qnu.org.au

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