A newsletter for NZNO members working in the primary health care sector

prim

ary

acti

onWinter 2013

How the Employment Relations Amendment Bill will affect us and what we can do about itThe Government is planning law changes that undermine fundamental human and employment rights. The changes will give your employer the ability to reduce your pay and conditions. They are bad for the workforce and bad for families. We need to advocate against them and tell the Government we want fair employment laws.

Good employment law would mean:

when employment agreements are negotiated between a significant group of employers and employees, the conditions could be extended to cover similar workplaces. It’s only fair that people doing the same work have the benefit of the same pay and conditions;

employers could no longer fire you for no reason, and with no right of appeal, in your first 90 days of a new job;

NZNO organisers and professional nursing advisers would be allowed to come and see you at work;

if you were going to be dismissed from your role, it could only be for reasonable and fair reasons;

if the Employment Court found that you were unfairly dismissed, getting your old job back would be the primary remedy;

employees in precarious forms of employment (such as labour hire, casual employment and contracting) would have decent rights at work:

paid parental leave, pay equity and equal pay would be improved and be able to be enforced.

What can I do?Like us on Facebook: NZNursesOrganisation

Check out our webpage: www.nzno.org.nz/badmedicine

Make a submission: www.nzno.org.nz/badmedicine

“We need a law that strengthens collective bargaining”

Bad medicine: what the changes mean

Employers will be able to opt out of MECA bargaining

Employers will be able to withdraw from bargaining for multi-employer collective agreements (MECAs). This could dismantle MECAs that have brought steady improvements and national pay and conditions for the vast majority of NZNO members.

Employers will be able to walk away from bargainingYour employer will be able to apply to the Employment Relations Authority to declare bargaining is over. That means:

employers will have the power to pressure you to sign an Individual Employment Agreement;

industrial action will become illegal once bargaining is declared over;

NZNO will have to wait to re-initiate bargaining for 60 days.

New staff can be employed on less pay and worse conditions Currently, new employees are covered by the collective agreement in their workplace for the first 30 days. This protection will be stripped away so new employees can be paid less and are open to instant dismissal. Over time this will reduce everyone’s terms and conditions.

Job protection will be stripped away In workplaces with fewer than 20 employees, Jobs and conditions will not be protected when contracts for services are transferred to a new employer.

It will be more difficult to take industrial actionThe changes will make it very difficult to take industrial action in support of improved terms and conditions even if there is a threat to your health and safety. Your employer will be able to deduct a portion of your pay for a partial strike.

Meal and rest breaks

Your employer will be able to restrict the times and durations of tea and meal breaks and decide how long you must work before you get a break.

No access to your personal employment information If your job is under threat, your employer will be able to withhold information from you under some circumstances. This may remove your ability to effectively defend yourself in a disciplinary investigation or to challenge your employer’s decision to make you redundant.

Workers in larger workplaces Outgoing employers will be required to provide the incoming employer with all your personal information such as wage and holiday records, and HR files, including performance, disciplinary and grievance information.

Healthy Workplace Project Our Healthy Workplace Project in the Primary Health Care (PHC), Private Hospital and Hospice Sectors is being implemented.

The goal of the Project is to implement joint NZNO/Employer Healthy Workplace Forums in as many workplaces as possible and for members to be fully involved and take ownership of the Project.

The first stage of the Project is to raise members awareness of the seven elements that constitute a health workplace.

The second stage will be to assess worksites against the seven elements and work with members on a plan to overcome any issues that may be identified.

In the PHC sector workplaces with more than 10 NZNO members will be targeted to introduce the Project Plan.

There is a range of resources to support the project including a poster and a PHC Sector Healthy Workplace pamphlet detailing the seven elements.

Joint NZNO/Employer Healthy Workplace Groups are already implemented in DHBs, Plunket, Healthcare NZ and Prison Health Services and have provided a useful vehicle to achieve good discussion/positive outcomes at both a local and national level.

Please contact your delegate or local NZNO organiser for more information.

Bargaining RoundupIt is a very intensive few months with most of our national Collective Agreements being negotiated from June to August.

Te Rau Kôkiri MECAWe are about to embark on a ratification process for Te Rau Kôkiri, the multi-employer collective agreement (MECA) covering staff in 17 Mâori and iwi health providers around the country.

Each provider will retain its own wage schedule. The Te Rau Kôkiri MECA is a “core condition document” that sets a standard across the sector. It has the potential to bring immediate benefits to employees through improved annual, long service and professional development leave.

After such a long process we are very pleased Te Rau Kôkiri is finally becoming a reality for the NZNO members working for the 17 providers.

Four more employers joined Te Rau Kôkiri following a complex Facilitation process underway in the Employment Relations Authority since 2011 and the resulting final recommendations from the Facilitator Greg Wood.

The MECA includes the commitment by NZNO and the Mâori and iwi health providers to continue to jointly lobby for additional funding to achieve pay parity across the sector.

Healthcare NZ Collective AgreementNegotiations were postponed late last month due to bad weather and are rescheduled for 31 July.

The Negotiation Team is Rhonda Ritchie RN Te Puke, Annemarie Caister RN Christchurch and Maree Mockford EN Christchurch.

We would expect to reach a proposed collective agreement to take out to our members following the next session.

Prison Health Services Collective Agreement Negotiations for prison nurses made good progress last month. We predict a proposed settlement could be reached with one more bargaining session.

The claims principles for these negotiations included: pay parity with DHB rates for registered and enrolled nurses, to include health care assistants now working at the new high dependency unit at Wellington’s Rimutaka Prison; to ascertain and agree the parity approach needed in relation to the Team Leader role, and to confirm access to shift leave for part time staff.

We are pleased to report the NZNO/Prison Health Services professional development and recognition programme (PDRP) will be launched this month and go live on 1 August.

NZNO negotiating team Front row from left: Jacqui O’Connell - delegate at Christchurch Men’s Prison, Chris Wilson - NZNO,Back row from left: Trish Carter - delegate at Tongario/Rangipo Prison, Julie Governor - NZNOAbsent from this photo is Queenie Komene - Team Leader Northland Region Corrections Facility who participated via VC.

Family Planning Collective AgreementNegotiations will be held on 18/19 July.

Our claims principles include pay parity for nurses and health promoters with the relevant DHB MECAs and for medical receptionists, clerical and administrative employees with the NZNO PHC MECA, five weeks’ annual leave after five years’ service, penal rates for weekend work and best practice clauses covering education leave, NZNO meetings, NZNO access to workplaces, consultation and healthy workplaces.

The Negotiation Team is Chris Wilson and Mike Yeats NZNO, Vickie Aiken RN Dunedin, Daphna Whitmore RN Auckland, Heather Perry Health Promoter Whanganui and Paula Valster Medical Receptionist/Admin Rep Wellington.

Plunket Collective Agreement Due to Plunket needing to conclude their funding contract negotiations with the Ministry of Health, negotiations have been delayed until 28 and 29 August.

Claims principles include a wage increase to maintain equivalent rates to similar roles in the DHB: improve conditions to better reflect those of DHB employees; and to address issues of a better work life balance (through more flexible leave provisions and ensuring paid hours match contracted work).

NZ Bloods Collective AgreementNegotiations commenced on 27 and 28 June with a further two days on 11 and 12 July. At the time of going to print, negotiations were adjourned after bargaining on the 28 June while the parties agreed to collate more information around claims before resuming bargaining on the 11 and 12 July. Members are being updated via bulletins.

Claims principles included parity with DHB MECA payment rates, improved shift leave provisions, the higher duties allowance to include mobile teams, and application of meal allowance to be the same for all employees. Other discussion items included relief cover and study leave for PDRP and developing/maintaining portfolios.

The Negotiating Team is Christine Gallagher and Manny Down NZNO, Sue Labuschagne (RN) and Susan Shaw (DT) both from Hamilton, Frances Franklyn (EN) Wellington, Pam Dempsey (TL representing the senior nursing group) Christchurch.

Primary Health Care Nurses Conference 2013"Leading the Winds of Change" is the title and theme of the 2013 NZ College of Primary Health Care Nurses NZNO conference being held at the Michael Fowler Centre and Town Hall, Wellington on 2-4 August 2013.

The conference programme includes expert speakers, workshops and presentations that will improve and develop the broad range of skills and practice that modern primary health care nurses utilise; from leadership skills to overcoming frontline challenges as well as the latest developments in primary health care and clinical practice.

“Leading the Winds of Change” is a fantastic opportunity for professional development of your primary health care nursing skills and knowledge, networking with colleagues from across primary health care and enhancing the development of the sector.

Highlights of the 2013 programme include: Dr Mark Rawlinson – international keynote speaker. Mark is a nurse and Lecturer

in Primary Care and Public Health at the University of Southampton, United Kingdom;

Susan Reid – workshop presenter. Susan is the Consulting Services Manager at Workbase Health Literacy. Susan has affiliations to Te Rarawa;

Dr Jane O’Malley – Chief Nurse for the Ministry of Health;

Caroline Reed – Chief Executive/Registrar at the New Zealand Nursing Council.

Don't miss out on a spot! Registrations are open http://www.nzcphconf.co.nz/

Join up to the NZ College of PHC Nurses NZNOJoining the NZ College of PHC Nurses, and your annual renewal, is now a few easy steps online. Go into the NZNO website and find our college under “Groups”. Follow the link on the left hand side “Join Us, enter a few details, your speciality practice area and make a creditcard payment of $25 to reap all the benefits listed there including a $50 discount on attending conference!

Change is afoot in the primary health care sectorThe Minister and Ministry of Health have a new agenda for primary health care called “driving clinical integration”. The primary purpose is for vertical integration to occur between PHOs and DHBs with a secondary aim of horizontal integration across primary health care teams.

This requires a commitment by all parties to the establishment of true multi disciplinary teams which are enabled to work with their enrolled populations to achieve the best possible health outcomes.

NZNO acknowledges that change can be positive, enabling new initiatives and the development of new services. Alongside this is also the need for NZNO to continue to advocate for universal and equitable access to primary health care for all New Zealanders.

We support the development of new models of primary health care services under certain conditions. NZNO members need to be involved in clinical integration discussions at an early stage and similarly with PHO and locality developments.

One of our resources, the NZNO position statement “Evolving Primary Health Care Services”, sets the benchmark of NZNO expectation for nursing involvement in the development of service proposals and inclusion in Governance structures. This statement can be found on the NZNO website at http://www.nzno.org.nz/services/publications (under the ‘employment’ sub heading) and sits parallel to the Position Statement NZNO has adopted on “District Health Board Mergers and Shared Services” and the NZ College of Primary Health Care Nurses Position Statement “Maximising the Nursing Contribution to Positive Health Outcomes for the New Zealand Population”.

It is vital that extensive, meaningful and timely consultation is undertaken with staff, unions, tangata whenua and communities prior to any proposals being developed.

It is very important NZNO is contacted by members as soon as any change is mooted - whether this is change in how health services may be delivered, restructuring of roles, change to your hours of work/conditions of employment and/or your workplace being sold/amalgamated/closed.

The best way to meaningfully influence change is to make our views known as early as possible.

There are statutory obligations in relation to consultation and management of change.

There is an express obligation under the expanded definition of good faith in the 2004 amendments to the Employment Relations Act 2000 (“the Act”) requiring an employer who is proposing to make a decision that will, or is likely to, have an effect on an employee’s employment to provide that employee with access to information about any such decision prior to any decision being made. The employee, if a member of NZNO, has the right to consult us on any employment matter.

Level 3, Willbank Court, 57 Willis Street, Wellington 6011 PO Box 2128, Wellington 6140

Phone 0800 28 38 48

www.nzno.org.nz

The Act provides that an employee or their union representative has the right to consultation with the employer on any proposal before a decision is made.

If you are covered by a Collective Agreement or the PHC MECA there may be expanded provisions in your agreement over and above the Act in relation to consultation and change etc. Make sure you are familiar with the terms and conditions contained in your collective agreement and know the procedures/steps to be followed to ensure a fair consultative process.

You have the right to know in advance if your employer intends to sell, transfer the business on etc, and the impact it may have on you i.e. what happens to your job, will your position be made redundant?

Whether you are covered by a collective agreement or not you have the right to seek advice from NZNO about any proposed changes in your worksite or on any individual agreement you have been asked to sign before signing and be given adequate time to do this.