NPAQ EB 12 Bargaining Update

An update from NPAQ about Queensland Health Bargaining Nurses & Midwives for EB 12.

Enterprise bargaining belongs to an industrial relations system that is broken.
For all of the noise this ‘system’ creates - itself created by the union movement - since 2009, EB7-11 has only outpaced inflation by around 1% p.a.¹
What $$$ remains? Just enough to pay your union dues. Rinse & repeat!

* Note that all nurses must be remunerated equally for the same job, so even if not represented you will still get the pay increases. This aside, we still have a plan to fight for nurses to be heard without having to inadvertently fund political campaigns. See below.

It is a fact that in States where the NPAA has operated the longest, nurses and midwives have the best wages and conditions. Choice is good for nurses.

^1. We calculate that since 2009, EB7-EB11 has yielded 3.41% of Real Wage Growth (“RWG”, COLA inclusive), or an average RWG of 0.56% p.a. Further, in comparison to the ABS’ QLD FT ordinary earrings data, covered nurses have comparatively enjoyed RWG of 1.88%, & 0.14% RWG in comparison to the health industry generally. Shockingly broken results for a system so ‘union strong’.

1. Go Local

Our favoured approach is to “Go Local”. We have a plan to return the running of hospitals to nurses at the hospitals. In doing so, we reduce the need for Brisbane bureaucrats, reporting and paperwork and can therefore pay nurses an extra $40’352.40, or +37.5%. Even moderate progress in this area would easily represent an achievable 25% pay increase for nurses.

2. Deafening silence

We maintain that because individual nurses are covered by EB11, the Certified Agreement, they are party/parties to the agreement, and are thus able to negotiate.²

How so? Firstly, because we believe you as an individual have a say in your bargaining rights.

We contend that the Industrial Relations Act 2016 (Qld) (“QLD IR Act”) is silent as to whether individuals may negotiate because enterprise bargaining is not included in the definition of “industrial matter”.³ Due to this silence, federal legislation, the Fair Work Act 2009 (Cth) (“FWA”), should apply.⁴

This means that you are a party to the agreement and could bargain yourself, OR have one of our QHealth delegates bargain on your behalf, after consultation with you.

Secondly, the Act is also silent about appointing an agent to bargain on your behalf. It does not prohibit this, so we maintain that, similar to the FWA,⁵ Queensland nurses, who as individuals are covered by and are parties to the agreement, could delegate their bargaining to an agent of their choosing, such as a QHealth Delegate or even the NPAQ.⁶

This means that you may decide who bargains for you. Simple as that.

Taken together, our position speaks into the otherwise deafening silence that - besides certain collective entities such as the QNMU and employer - individuals may bargain for workplace improvement.

^2. Clause 4, Parties Bound, s4.2 states that, “[t]his agreement is binding upon the parties and nurses and midwives covered by the Agreement.” EB11 does not define what “party” means in Clause 6, Definitions.

^3. Viz., s.9; Schedule 1.

^4. See s.176(4) of the Fair Work Act 2009 (Cth). (“FWA”) “..an employee who will be covered by the agreement may appoint…himself or herself as his or her bargaining representative for the agreement.”

^5. Viz., FWA s.176(1)(c) states that, “a person is a bargaining representative of an employee who will be covered by the agreement if the employee appoints, in writing, the person as his or her bargaining representative for the agreement.”

^6. Since the QLD IR Act is silent on the matter, our position currently is to simply use the QIRC’s Appointment of Agent Form 33.

3. International Conventions

International conventions are on our side:

Firstly, the conventions are crystal clear that an “organisation” is not delimited to a special, privileged and exclusive representative body such as the QNMU;

Secondly, legislation should not exist that frustrates “any organisation” intending to represent their members.⁷

By the fact alone that the QLD IR Act is silent as to individual bargaining rights, QLD is showing flagrant disregard for these international conventions, otherwise adopted by some 193 member states.⁸

^7. Articles 2, 3, 10 of Freedom of Association and Protection of the Right to Organise Convention, 1948 states that workers have the right to form their own organisations freely and without impediment. 

^8. https://iupress.istanbul.edu.tr/en/journal/jspc/article/ilo-sozlesmelerinin-onaylanmasini-etkileyen-faktorler-afrika-ve-ortadogu-ulkeleri-uzerine-ampirik-bir-arastirma

4. Workers decide

A Certified Agreement (e.g., EB12) is only approved after 50%+1 of all nurses in QHealth who vote approve it (NPAQ nurses are eligible to vote). NPAQ makes up 20% of the workforce.

You tell us if you think your union has strength if it votes together.

We are able to make representations to the Director General on your behalf. Given the nature of the voting, they would ignore us at their peril.

Conclusion

EB bargaining is not as complicated as they make it look. They want to look complicated so you think they’re working hard, when in reality they’re sitting in air-conditioned offices and getting coffee and lunch together. The status quo needs to change. By this we mean:

1. Since at least 2009, real wage growth has stagnated
2. Wage surpluses just cover union fees.
3. Rinse and repeat!
4. The QLD IR Act flies against the liberality and generosity of current federal legislation, and international labor conventions.

The system is broken. With you we can fix it.
While our call to action runs against the status quo, when we are successful, MASSIVE improvements would result in the lives of 1000s of Queenslanders.We invite you to experience the support, protection, and advocacy of NPAA yourself.

Want to find out more or have a question? Get in touch with us:
Phone: 1300 263 374
Email: hotline@npaa.asn.au
Or book a meeting