At an ANMF statewide public sector members meeting on 26 June, members endorsed the proposed Victorian Government 2024-28 enterprise bargaining agreement offer.
The offer includes a 28.4 per cent (compounded) pay rise by the end of the four-year agreement and more than 70 new and improved working conditions including allowances, penalties and other improved entitlements.
What is the process now?
The agreement drafting by ANMF and the employers’ representative the Victorian Hospitals’ Industrial Association (VHIA) is complete. A final draft is expected from the Victorian Government’s lawyers by close of business on or about 7 August 2024.
The Fair Work Act 2009 specifies a number of steps which must be taken before the agreement can be approved and implemented.
The final draft must also be provided to other bargaining agents – national HSU, and NPAV (who advise that it is the bargaining agent for two members).
When the above parties support the proposed enterprise agreement, the VHIA will instruct employers to make the enterprise agreement and a ‘summary of changes’ document available. These documents must be available to all employees covered by the agreement for seven days prior to the ballot opening. This is called the access period.
We are hopeful this will occur on or about 2 September 2024. During the access period, to comply with their obligations in the Fair Work Act employers must explain the terms of the agreement to employees and notify employees of the voting method and when the voting will occur. Employers will also be required to provide their list of eligible employees and casuals to the independent ballot agent.
Following completion of the seven-day access period, the ballot will commence. This will be an electronic ballot conducted by an independent agent, and eligible employees will be provided seven days to cast their vote. Under the Fair Work Act, the employer organises the proposed EBA ballot. In this case, the employers’ representative the VHIA is organising the ballot.
All eligible employees are able to vote – not just ANMF members.
Indicative dates for the ballot are around 9 – 16 September.
During the access and ballot periods the ANMF will provide members with materials and information to further explain the significant improvements to terms, conditions and wages, and to strongly recommend a YES vote.
In the event the ballot is successful at each employer named in the agreement appendix (eg, Monash Health, Grampians Health, cohealth etc), the agreement will be submitted to the Fair Work Commission (FWC) on or about 17 September for review and approval. It will apply to all those employers’ health services where the majority of those who voted voted yes.
If the majority of employees who vote at a particular employer vote no, that employer will be removed from the agreement and none of the benefits of the 2024-2028 EBA will apply to their nursing/midwifery employees.
We are unable to predict the amount of time the FWC will take to review and approve the agreement. However, when the agreement is approved it will become legally enforceable after seven days.
When will we be paid?
The ANMF has asked that the Victorian Government instruct employers to commence paying the new rates and associated backpay after a successful ballot outcome is declared on or about 16 September – rather than waiting for the FWC review and approval.
Why is it taking so long?
Finalising the draft agreement has taken longer than originally anticipated.
As previously advised at the 26 June statewide members meeting, the parties had completed almost all of the drafting of the more than 300-page agreement. There was some further work to do on a few of the clauses that were agreed in principle in the final stages of the negotiations. Other parties must by law also be provided time to review the draft EBA.
ANMF will send members an EBA update as soon as we know the ballot dates.
Will there be backpay?
Yes. If the ballot is successful and the FWC approves the new EBA, wage and allowance increases will be backpaid from 15 June 2024, with the second 2024 increase also to be paid with backpay from the first pay period on or after (FFPPOOA) 1 July 2024. The ANMF will be able to advise members with greater detail as we progress through the approval requirements.
Got a question?
Members with specific enquiries are encouraged to raise these with your Job Representatives or contact the ANMF Member Assistance Team.
