Nicole Allan. Photo: Paul Jeffers
The 2024 public sector agreement specifies that within the first six months of approval, the Victorian Hospitals’ Industrial Association, on behalf of the employers, and the ANMF on behalf of the employees, are to jointly undertake audits of employers using commuted loading.
That means the audit must commence by May.
The audit is to determine if the percentage loading accurately reflects the following entitlements otherwise payable, recognising that some of the provisions below have changed in the Agreement:
- Public holiday penalties
- Saturday and Sunday penalties
- Recall and overtime
- On call allowance
- Shift allowance
- Telephone recall; and
- Annual leave loading pad as ‘projected roster’
If the review shows that a loading of greater than 32 per cent more properly reflects the above entitlements otherwise payable, the higher rate will be payable effective 1 May 2024.
Workplace visits along with member meetings are occurring and planned for the first few months of this year. It is important that those models of care that attract the commuted loading of 32 per cent ensure their reconciliation tools are up to date and reflective of the work that midwives are doing day in and day out while providing care to their caseload.
Workplace implementation committees will also be addressing the obligation of employers under this clause.
These visits will also be an opportunity for members to keep up to date with the progress of the Victorian Maternity Taskforce and any relevant EBA updates.
Birth suite nominations
ANMF midwife members working in the public sector should review their employer’s nomination of birth suites to ensure compliance with the Safe Patient Care Act 2015. A nominated birth suite is a birth suite that is occupied or available to be occupied and used for care of birthing women or for midwifery assessment.
Section 31 (Birthing Suites) of the Safe Patent Care Act requires that in February and August each year, the operator of a hospital:
- must determine the number of occupied birthing suites in the hospital for the following 6-month period starting on 1 March or 1 September of that year (as the case requires); and
- must publish the determination referred to in paragraph (a) on the hospital’s Internet site.
For the purpose of determining the number of occupied birthing suites the operator of a hospital must take into account:
- the number of birthing suites used for birthing or midwifery assessments during the preceding 12 months, and
- any factors which are likely to increase or decrease the number of birthing suites to be used for birthing or midwifery assessments during the following 6-month period.
The Safe Patient Care Act provides direction for staffing of those maternity services, Level 1, 2 and 3, that birth less than 730 births per annum.
You can view the Safe Patient Care Act for further reference at legislation.vic.gov.au.
Members are encouraged to review their employers’ nomination of birth suites and in the event that they believe the declaration to be incorrect to contact their ANMF Industrial Organiser via email at records@anmfvic.asn.au.
