Red News Readers,
What were the ANF and NSWNA thinking? Thank heavens for Fair Work!
Jenny Haines
Fair Work rejects attempt to remove overtime pay
KIRSTY NEEDHAM WORKPLACE, SMH
January 8, 2010
FAIR WORK AUSTRALIA has rejected a pay deal for nurses at one of the nation's biggest aged-care operators, which sought to remove overtime payments if staff had volunteered to work the extra hours.
Commissioner Greg Smith said the deal would undermine the 38-hour week and new National Employment Standards, and had ''far-reaching implications for the operation of the safety net of wages and conditions''.
In the first Fair Work decision of 2010, the deal was rejected as failing the ''no disadvantage'' test, despite being supported by two unions.
Paul Gilbert, the acting secretary of the Victorian branch of the Australian Nurses Federation, welcomed the decision. ''It is a good sign we have an independent review of these things again. We haven't had one for a long time,'' he said.
Under the clause put by Bupa Care to 1600 nurses in Victoria, if staff requested to work additional hours or at particular times, because of personal or financial circumstances, overtime payments would not be applicable.
However, Commissioner Smith noted the workforce was mostly female and part-time, and said if a nurse preferred night shift because of family responsibilities, she or he should not lose penalty rates. ''FWA is being asked to accept that a person believes they are better off because they get work at a rate below the safety net. The same could be said of a person who would offer work at an amount below the minimum wage thereby giving themselves a cost and competitive edge … The concept could apply to public holidays,'' Commissioner Smith said in the judgment.
Bupa was seeking to cut costs, not benefit its staff. ''It would be difficult to suggest that an employee would see the benefit in being paid less than that which would ordinarily apply.''
The ruling is likely to stop the clause being put to nurses at 22 aged-care homes in NSW, where an agreement is still being negotiated. Bupa had proposed the overtime clause, based on previous agreements, to allow staff working two jobs through an agency at different aged care homes to be employed directly by Bupa. The Victorian union initially opposed it.
About Me
- JENNY'S RED NEWS
- Dear Fellow Bloggers, For some time I have thought about starting a left of centre news and commentary service and I have tried to do this by using email. But as some good, but email overloaded friends have suggested, a better way to go may be by blogging. So here it is! Jenny's Red News. My primary interests are left of centre politics and the very important question of how can we get left of centre parties, groups and grouplets in Australia working together more co-operatively. The right of centre predominates politics in this country at the present time, and they are on the march. We on the left of centre need to work together more co-operatively and constructively to put the left of centre agenda out there, for the perusal and consumption of the Australian people. Particular topics that will be reported on and on which comments are welcome are: Industrial relations - Opposition to Workchoices Refugee and Asylum Seekers Human Rights Civil Liberties Opposition to the Welfare to Work Changes Health System Reform Aboriginal Health and Reconciliation Jenny Haines posted by JENNY'S RED NEWS at 12:50 AM 0 comments