Public sector EBA update #15: Stage 2 protected industrial action to commence 7am 17 May

Status of negotiations

We are at a critical point of the negotiations and continuing to work to resolve all matters.

Stage 2 protected industrial action to commence 7am 17 May 2024

Following the successful protected industrial action ballot, and in accordance with the ANMF members’ resolution from the statewide members meeting held on 30 April, ANMF wrote to your employer on 8 May 2024 to provide the required (minimum) seven calendar days’ notice of the commencement of stage 2 protected industrial action.

When can stage 2 protected industrial action start?

The action can start from 7am on Friday 17 May 2024.

Who can participate?

ANMF members who are employed by the employer and are either:

1. Registered nurses, registered midwives or enrolled nurses
2. Registered undergraduate students of nursing or midwifery (RUSONs and RUSOMs)
3. Enrolled nurse students undertaking a traineeship
4. Registered enrolled nurse students (those employed providing nursing care whilst undertaking the enrolled nursing diploma who are registered with AHPRA as a student nurse, and have successfully completed not less than six months of their nursing study)
5. Early parenting practitioners employed at early parenting centres, whether nurses or not.

(Unless you have appointed someone other than ANMF as your bargaining representative.)

Which protected industrial action starts on 17 May?

ACUTE AND SUB-ACUTE

1. The closure of up to one in every four (4) operational beds (ie – beds that were open as at 16 May 2024):

a) subject to the exemptions below, a refusal to admit to those beds

b) exemptions will apply to neo-natal and paediatric patients, haemodialysis patients, maternity patients, oncology patients, palliative care, terminations of pregnancy, intensive care units, coronary care units, and high dependency patients

Exemptions also apply to Royal Children’s Hospital, Monash Children’s Hospital Dame Phyllis Frost Centre, St Vincent’s Correctional Health Service, Port Phillip Prison

c) exemptions apply to a residential aged care bed in which the resident is absent while admitted to hospital.

2. The refusal to re-open beds (i.e. beds that were closed as at 7am 17 May 2024); and

a) subject to the exemptions at 1(b) and (c) a refusal to admit to those beds.

3. The closure of an additional two (2) beds per ward or unit to be designated as emergency beds:

a) those beds will only be available for admission of emergency admissions. Emergency admissions will be allowed provided that such admissions will be into the designated emergency beds; and

b) emergency admissions are those whose condition would deteriorate significantly within 24 hours if their admission did not occur, subject at all times to the decision of the local campaign bed management committee approval.

c) in giving notice of industrial action ANMF has encouraged your management to facilitate the operation of a local campaign bed management committee (a campus specific committee) that involves senior nursing and midwifery management and ANMF Job Representatives and/or ANMF staff in order to consider emergency admissions.

ANMF Job Reps are requested to report closed bed numbers at least once a day, or as requested, for the duration of the campaign directly to their Organiser via phone or email – or alternatively to records@anmfvic.asn.au. 

OUTPATIENTS

4. Outpatient nurses and midwives may ban:

a) one in four (4) new referrals to outpatient clinics; and

b) one in four review spots/appointments.

COMMUNITY AND AGED CARE ASSESSMENT

5. Domiciliary nurses (including post-acute care, hospital in the home nurses, HARP and district nursing) may ban one in four new non-urgent referrals.

Exemptions will apply to neo-natal and paediatric patients, haemodialysis patients, maternity patients, oncology patients, palliative care, and termination of pregnancy.

6. Aged care assessment nurses and community health nurses may refuse to accept one in three (3) referrals from public sector health facilities; and ban any further clerical and administrative duties, including the completion of statistics, not already covered by existing stage 1 protected industrial action.

THEATRE

7. Theatre nurses (including in endoscopy and day surgery) may ban one in four (4) elective cases after the following exemptions are determined:

a) exemptions in the categories below will apply where the timing of the procedure is critical to the patient’s treatment regime:

i. neo-natal and paediatric patients

ii. terminations of pregnancy

iii. emergency or priority diagnostic procedures where the primary purpose is to diagnose cancer

iv. cardiac conditions

v. neurological conditions

b) exemptions also apply to a patient whose condition would deteriorate significantly within 24 hours if their surgery did not occur.

Which protected industrial action do I take?

Members can take any of the industrial action notified in stage 1 and any of the action that is listed above relevant to your workplace and clinical area.

Important

1. ANMF bans are subject to the condition that no ban or refusal threatens to endanger anyone’s personal safety, or their life, health or welfare. Employers have been provided with details of how to notify the ANMF where a genuine concern exists that cannot be resolved at the local level.
2. Nurses in wards where beds are closed are encouraged to put their name on the ED assist roster to assist their colleagues with patients who are stable and awaiting transfer/admission/discharge and in the waiting room.
3. Remember that health service management regularly closes beds, and cancels theatre sessions, visits and appointments. Whether it is for public holidays or to manage staff leave requests over school holiday periods, bed closures and cancellations have always been used as an effective method to ensure patient safety.
4. For further guidance, refer to the Industrial Action Kit which has been widely distributed to members at the 30 April statewide members meeting and workplace members meetings.

Do I continue to implement stage 1?

Yes

What do I do if I am threatened for participating in protected industrial action?

ANMF does not expect that any consequences will happen, but sometimes individuals can do and or say things that they shouldn’t. Everyone needs to remember we all have to work together again when this ends.

If it does happen:

1. Make a written record of what occurred, while it is fresh in your memory.
2. If possible, contact your ANMF Job Rep straight away.
3. If not possible, contact ANMF as soon as you can via our online notification form.
4. ANMF will deal with employers directly and (unless you are happy to be named) confidentially, to ensure you are able to participate in what is your legally protected right.

Can my employer dock my pay?

In certain circumstance an employee’s pay may be docked.

Where the protected industrial action is a partial work ban, your employer will need to notify you of any proposed reduction in pay.

If this happens to you, contact ANMF.

How to contact ANMF

For urgent issues relating to protected industrial action call 03 9275 9333 (listen to the message after hours for how to contact the after hours on-call Industrial Officer) or email records@anmfvic.asn.au.

For less urgent issues or general questions, submit an online member assistance form.

Resources

Campaign resources, including bed closed and bed reserved signs, the emergency department assist roster, the dear patient letter, social media guidance are available on our campaign page.

Members can also copy these resources from the Industrial Action Kit, which was distributed to members at the 30 April statewide members meeting and workplace members meetings.