The FAQs below are in response to queries ANMF has received from members about implementing their protected industrial action.
1. What is stage one protected industrial action?
ANMF mental health members began lawful and protected industrial action from 7am Friday 21 February. Members can participate in the following actions as part of stage 1 notified PIA:
1. A ban on providing information to management in relation to who is participating in protected industrial action.
2. Commencing and finishing duty at the rostered times unless overtime is approved by the employer, in writing, in advance.
3. Delaying or restricting the performance of normal duties through a ban on the employer’s uniform policy or dress code, for the purpose of engaging with media, staff, consumers/patients, visitors, residents and their families about the proposed agreement, with employees wearing, distributing and displaying ANMF campaign materials such as t-shirts, badges, written communications and stickers in support of the proposed enterprise agreement.
4. Delaying or restricting the performance of normal duties by speaking to the media and participating in social media about the campaign during working hours having regard for s141 of the Health Services Act.
5. A refusal to collect, record, complete or document non-clinical/administrative information required by the employer e.g. outcome measures (i.e. HoNOS), vehicle logbooks, statistical data including contact hours, daily returns/bed movements, Aged Care funding documentation, MHWA PR 1, PR2s and PR5s but excluding any reporting directly related to consumer/patient or staff safety.
6. A ban on the collection and/or entry of any data (that is not required by law to be entered into the consumer/patient record or related directly to consumer/patient or staff safety) and a refusal to record, collect or complete data required by the employer.
7. A refusal to attend or participate in any management meeting unless fully backfilled.
8. A refusal to implement any workplace or system change proposed by management, subject to the discretion of the ANMF Branch Secretary in circumstances where the Secretary is satisfied that if the change did not proceed it may negatively impact on staff or consumer/patient safety.
9. Stoppages of work to display or use ANMF campaign materials, including but not limited to petitions, flyers, posters, stickers, postcards, balloons, video-conferencing backgrounds, digital avatars and/or props or slogans, either by electronic means (including but not limited to email) or by providing these in person, to media, staff, consumers/patients, clients, customers, visitors, residents and/or members of the public; and/or refusing to work in areas where enterprise bargaining campaign materials are not on display.
10. A ban on sending emails unless they contain the following text:
“Mental Health Nurses have worked throughout the pandemic and Royal Commission reforms, while experiencing a casualisation of the workforce, and extraordinary difficulties recruiting and retaining staff.
The Victorian Branch of the Australian Nursing and Midwifery Federation is negotiating a new Enterprise Agreement with management on our behalf. We are asking for reasonable improvements to our working conditions, especially our take home pay, to maintain parity with our colleagues in general nursing.”
11. Taking the full period of all breaks (including meal breaks and rest/tea breaks).
12. Not working any overtime and/or any hours in addition to an employee’s rostered or contracted ordinary hours of work.
13. A refusal to be redeployed from one area to another area, unless such redeployment is with the agreement of the employee or the ANMF.
Members can legally engage in the protected industrial action above. Further advice will be provided by ANMF via EBA campaign updates, which will be emailed to members’ home email addresses.
There are serious consequences if you implement unauthorised industrial action.
If you experience any problems, please contact the ANMF immediately on 03 9275 9333, records@anmfvic.asn.au or contact your ANMF Job Rep.
2. HACSU members are taking protected industrial action, including stop works. What should I do?
Health and Community Services Union (HACSU) members began protected industrial action on 18 February and their stop-work action began from 25 February.
ANMF has received queries from some members who have been asked by work colleagues if they will undertake the work not completed as a result of HACSU members’ protected industrial action.
ANMF advises members they should continue to implement ANMF’s protected industrial action and continue to perform your normal contractual duties and responsibilities.
Any additional industrial action undertaken by ANMF (Vic Branch) members beyond the industrial action outlined above is not protected industrial action.
Please contact ANMF Member Assistance via anmfvic.asn.au/memberassistance or your ANMF Organiser if your employer is placing requests on ANMF members to undertake additional work that is not completed by colleagues. ANMF will arrange urgent contact with you to seek to address the issue at your workplace.
3. My employer has expressed concerns about the ANMF admin bans in relation to PR1, PR2 and PR5 forms. What should I do?
ANMF has been in discussions with the Victorian Hospitals’ Industrial Association about this issue.
We advise ANMF members to continue to include the PR1, PR2 and PR5 forms as part of your administrative bans, however in response to some concerns raised by employers, ANMF recommends the application of a patient label to these forms for identification purposes.
ANMF continues to recommend that in completing any other section of these forms you use your clinical judgement at all times to ensure there is no risk to the health, safety or welfare of your consumers, patients and colleagues.
ANMF is of the view that as nurses, you are assessing safety at every point of contact and are therefore best placed to make a clinical decision as to whether information should be excluded from the ban on the basis that it directly relates to consumer, patient or staff safety. Examples may include completing:
- the alerts section if there is a risk to consumer/patient or staff
- next-of-kin details if there is a risk to consumer/carer/family
- details if consumer requires an interpreter
- details where home environment not safe to visit at night
- details alerting consumer/patient with similar/same name.
It is imperative that members act in the interests of our consumers, patients, colleagues, and the mental health nursing profession.
4. I have been asked by my manager if I am participating in protected industrial action. What do I say?
As per item 1 of our protected industrial action ballot:
A ban on providing information to management in relation to who is participating in protected industrial action.
Accordingly, members do not have to identify that they are taking part in industrial action. ANMF encourages members to politely state: ‘I am exercising my right to participate in protected industrial action and choose not to relay that information to you.’
5. How to get a red t-shirt
ANMF Organisers and staff have been distributing red campaign t-shirts and will continue to drop them off to members during workplace visits.
Don’t worry if you don’t have a t-shirt yet. Members who have previously taken part during EBA industrial action campaigns can wear their vintage campaign t-shirts.
If you don’t have a red t-shirt yet, speak to your Job Rep or ANMF Organiser.
6. What do I do if I’m asked to work on another ward/unit/work area?
We encourage members to state politely that they: ‘decline the request as they are participating in protected industrial action’ and keep a record of the conversation (as some managers will be taken aback by this and may respond inappropriately).
7. Can I refuse to implement any workplace or system change proposed by management?
ANMF has advised your employer at the time of giving formal notification of stage 1 protected industrial action that they are invited to contact ANMF if they believe that the proposed change (if not progressed) could negatively impact staff or consumer/patient safety.
ANMF will seek and be guided by member feedback in relation to whether members wish to implement the proposed change.
8. What do I do if I am threatened or intimidated as a result of participating in protected industrial action?
ANMF does not expect that this 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:
- Make a written record of what occurred, while it is fresh in your memory.
- If possible, contact your ANMF Job Rep straight away.
- If not possible, contact ANMF as soon as you can via our online notification form anmfvic.asn.au/mhreport.
- 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.
9. Can my employer dock my pay?
It is your legal right under the Fair Work Act 2009 to take protected industrial action in support of your campaign for an improved enterprise agreement.
‘Protected’ means you cannot be terminated or disciplined for taking industrial action. For protected industrial action items like stopping work, management still has the right to dock pay for the time of the stoppage e.g. if you stop work for four hours then they can deduct four hours pay only. Please note ANMF has not progressed to stage 2 action items at this stage, which includes stop work actions.
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, immediately contact ANMF via anmfvic.asn.au/mhreport.
10. How do I find campaign resources?
Here are some helpful key links:
Campaign page
Includes all campaign updates, the log of claims and links to resources.
Resources
Includes the protected industrial action kit, dear consumer letters, mental health nurses speak out flyer, social media guidance, information for senior nurses, a social media profile pic, a Teams screen and campaign poster, the list of protected industrial actions and more.
Campaign photos and video
Upload your campaign photos and videos so ANMF can share these on our social media and publications.
Report intimidation, harassment or pay docking threats
ANMF supports members who are intimidated or harassed as a result of taking protected industrial action. Use this form to let ANMF know.
Manage your ANMF digital communication
If you are not receiving ANMF’s EBA campaign updates you may have unsubscribed. You can manage your communications in the member portal.
Update your details
Visit the member portal to update your membership details to ensure you are receiving information relevant to your workplace.
