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Update 19: Fair Work Commission approves 2020-24 Forensicare EBA

Update 19: Fair Work Commission approves 2020-24 Forensicare EBA

The Victorian Institute of Forensic Mental Health Services Enterprise Agreement 2020-2024 (EBA) was formally approved by the Fair Work Commission on 10 October 2022. The new EBA becomes enforceable on Monday 17 October 2022.

Thank you to all job reps and members who supported this campaign by attending members’ meetings, talking to colleagues or submitting motions for debate at the annual delegates conferences. It’s been a frustratingly longer journey than anticipated and couldn’t have done it without your collective action.

Forensicare nurses will now be able to lead the critical mental health reforms in forensic mental health with additional 17.28 mental health nursing EFT. We have also secured a ‘once off nurse alignment payment’ to maintain parity with your public sector nurse colleagues.

As a result of your ANMF claims and your campaign you have also secured additional mental health nursing equivalent full time (EFT) positions, in addition to part of the 800 EFT to be implemented in the delivery of mental health services over the life of the agreement.

The new positions include:

  • additional mental health nursing EFT at the following prison units and Thomas Embling Hospital Units at
    • Aire
    • Erskine
    • Marrmak
    • St Pauls
    • AAU
    • Apsley
    • Barossa
    • Bass
  • Additional 2 FTE Clinical administrative staffing (7 days per week)

We share your frustration about the lengthy process. We thank you for your support and patience during this time.

This is a major step towards achieving the mental health nursing workforce reforms outlined by the Royal Commission.

What does the new EBA include?

For a list of the 2020-2024 EBA highlights see EBA update #16 (5 August 2022).

You can download the new agreement [PDF].

Pay rises

ANMF expect the new pay rates will be implemented from the first pay period on or after 17 October 2022. We are seeking confirmation from the and Forensicare about the first pay rise payments and the timing of the nurse alignment payment.

You can check your new pay rates in the agreement [PDF].

The wage increases that will apply to registered nurses (industrially classified as RPN) and enrolled nurses (industrially classified as PEN) are from the first full pay period on or after (FFPPOA):

  • 1 July 2021 – 3%
  • 1 July 2022 – 3%
  • 1 July 2023 – 3%
  • 1 July 2024 – 1.5%

Once off nurse alignment payment

Clause83 provides for a ‘once off nurse alignment’ payment equivalent of 3% wages earned from the first full pay period on or after 1 December 2020 to 1 July 2021. This payment includes payments of base rate, overtime, penalties and allowances. It does not apply to reimbursements that are not subject to an increase over the life of the agreement.

Superannuation is payable on the payment and applies to permanent and casual employees.

This payment will align public sector mental health nurses’ wages with those ANMF achieved in the general public sector nurses and midwives eight-year wages deal (2016-2024).

A percentage increase is superior to a flat lump sum amount given the additional benefit that it is not only applied to your base rate of pay but also to your other entitlements such as allowances and leave loading etc.


ANMF will be busy re-establishing the Workplace Implementation Committees (WIC) to monitor and assess the implementation of the substantial changes in the new agreement. The WIC comprises equal employer, ANMF representation which include ANMF staff and ANMF Job Reps, and HACSU representatives.

This work will include recruiting additional nursing staff and 800 EFT over the life of the agreement, implementation of the enrolled nurse transition program, retention – community rotation, additional administrative staffing, new leave provisions, and new roster provisions.

It will also include all of the nursing-specific improved conditions ANMF achieved in the general nurses and midwives EBA that have been included in the Forensicare agreement.