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Ask Nicole: midwifery-specific wins in the 2024 public sector EBA

Ask Nicole: midwifery-specific wins in the 2024 public sector EBA

ANMF (Vic Branch) Maternity Services Officer Nicole Allan

The new public sector enterprise bargaining agreement (EBA) contains several midwifery-specific wins. Let’s take a look.

Sole midwife allowance

From 1 May 2024 (backdated), if a midwife is the sole midwife working on the maternity services ward, they will be paid a sole midwife allowance of $58.10 per shift.

This new allowance recognises the clinical accountability and autonomy that a sole midwife has. Specifically, the clause (32B) states that the allowance applies for each shift worked where:

  1. The ward provides maternity service care inclusive of one or more of the following: antenatal, post-natal, birthing suites or maternity assessment services and non-maternity service care;
  2. the Registered Nurse in charge of the ward on a shift is not also a Midwife; and
  3. the Midwife is the sole Midwife on duty within that ward (regardless of any on-call midwife or caseload model midwife).

Endorsed midwife recognition and entitlement

The new sole midwife allowance is the second new sub-clause of clause 32. The first, Cl 32A, is the embedded recognition of endorsed midwives in the EBA – significantly, recognition that comes with an entitlement.

This clause began life as a motion at the 2022 delegates conference, introduced by Royal Women’s Hospital Job Rep Roxane Ingleton.

‘While undertaking the extra study to become an endorsed midwife in 2022,’ Roxane explains, ‘I learned that in other states there were roles within public hospitals for endorsed midwives. I could see the potential was there for being able to work to our full scope within the public setting, which would be particularly useful in rural and remote areas so I thought: if I can get it in the EBA as a recognised classification, it will in some way give “permission” to the health services to look at how they can integrate EMs into the hospital system.

‘I’m not sure I can describe the satisfaction that comes from seeing your delegates motion in a new EBA,’ she adds. ‘Knowing that one little thing I did has the potential to benefit midwives right across the state, and in this case potentially set in motion a really significant change to the way midwives can work within the public health system… there’s nothing like it.’

The new clause defines an endorsed midwife as a midwife who:

  1. Currently holds a NMBA endorsement for scheduled medicines for midwives; and
  2. Is contracted to or otherwise required by the Employer to undertake any of the core functions of an Endorsed Midwife, as identified by the Nursing and Midwifery Board of Australia.

There is also an entitlement (Cl32A.2), payable from 1 June 2025. This entitlement is payable to any midwife who meets the above definition of an endorsed midwife, and will be paid, in addition to their salary, in accordance with the “Endorsed Midwife” rate in Appendix 2, Part 2 on all hours, including overtime.

If you don’t have access to the appendix right now, the allowance is aligned to the existing Grad Dip qualification allowance rate.

This allowance is also to be included as salary for all employment-related purposes including superannuation and leave entitlements.

Significantly, the allowance is to be paid in addition to receipt of any other qualification allowances.

Related: Removal of the formulary: updating Victorian endorsed midwives’ prescribing mechanism

Classification: senior and liaison midwives

The new EBA now formally includes the recognition of midwifery leadership positions with the identification of a senior midwife and liaison midwives. The senior midwife is responsible for midwives, operationally and/or professionally, within the maternity service division.

Senior midwife

The senior midwife classification is paid at the greater of either the NM8C Grade or the employee’s current Grade.

The new clause 90A.1 stipulates that each health service with a Level 4 or 5 Maternity Capability Framework maternity service must maintain at least 1 EFT of senior midwife. If the DON/M is also a midwife, the requirement can be met by allocating the role of senior midwife to the DON/M.

To ensure compliance with the new clause, Mildura Public Hospital, West Gippsland Hospital and Central Gippsland Health Service (Sale) must appoint a senior midwife no later than 1 January 2025.

Liaison midwife

Liaison midwives meet the definition of Clinical Midwife Consultant D. They provide clinical midwifery leadership across maternity services of more than one health service to:

  1. strengthen clinical governance
  2. improve safety and the quality of care through the use of best practice
  3. minimise risk; and
  4. foster a culture of continuous improvement.

The new clause 90A.2 requires that, within six months of the commencement of the agreement, at least 1 EFT of liaison midwife must be appointed and maintained at Bendigo Health, Albury Wodonga Health, Barwon Health (University Campus), Grampians Health (Ballarat Campus), Goulburn Valley (Shepparton Campus) and Latrobe Regional Hospital. These roles are based on the success of the Loddon Mallee model

Midwifery continuity of care models

Updates to clause 107.2 regarding midwifery continuity of care models now reference maternity, ante, postnatal and domiciliary models (MAPS).

The updated clause also contains improvements in the Local Health Agency Committee (LHAC) process, and also stipulates that the 32 per cent commuted loading review will be undertaken within six months of EBA approval.

If the commuted loading review shows that a loading of greater than 32 per cent more properly reflects the entitlements otherwise payable, the higher rate will be payable effective 1 May 2024 (backdated). ANMF will be providing details on this process in the coming months – keep an eye out for when we will be visiting your service.

Change of Ward allowance

The new Change of Ward (clause 41A) allowance has been introduced into the 2024 EBA as a penalty payment to the employee, payable upon a relocation from their base ward or rostered clinical area for those that are rotational midwives across the maternity service.

While it is important to remember that the Change of Ward allowance has been designed to stop, as much as possible, the practice of employers redeploying staff at short notice to cover roster shortfalls, there may remain a need to redeploy to ensure staff skill mix for clinical safety in the event that there are unplanned vacancies. The Change of Ward allowance still applies.

Other changes?

Clause 4 of the new EBA sets out, for the first time, that a midwife who is not a registered nurse but who later becomes one, will have their experience as a midwife count as experience towards their RN increments.

And in clause 79.5, there is a new addition stipulating that RNs undertaking midwifery post graduate education as part of their employment will be employed at a minimum 0.6EFT and be paid their substantive rate for all clinical placement/supervised experience that occurs within special care nursery/pre-natal/postnatal/birthing suite (and other placement/experience occurring in paid time).

When will the EBA be approved?

At the time of publication, the 2024-2028 public sector nurses and midwives agreement was still at the Fair Work Commission (FWC). ANMF has been seeking regular updates from the Commission as to its progress, and simultaneously lobbying government to administratively approve at least the June and July 2024 wages and associated backpay.

The government has now agreed to do this so while we continue to wait for full FWC approval, the 2024 pay increases and backpay will start being paid soon. As there are multiple pay systems used throughout the Victorian public sector, the dates on which your increases start to be paid will differ from colleagues at other services.

If you have further questions, we advise you to speak with your employer’s HR or Finance teams first. Additional information in relation to the quantum to be paid per hour or allowance has been sent to all public sector members on Friday 1 November in an EBA update. The tables will make it easier for you to ensure your rate and backpay has been paid correctly.

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