Privately SpeakingISSUE

A newsletter for NZNO members working in the private health sector

Winter 2013

06

In this issue: Bad Medicine: why we‘re worried

about changes to employment law

Management of change

Collective agreement updates

A focus on our delegate leaders

How the Employment Relations Amendment Bill will affect us and what we can do about it.The 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 that when employment agreements are negotiated between a significant group of employers and employees, the conditions could be extended to cover similar workplaces. NZNO organisers and professional nursing advisers would be allowed to come and see you at work. It’s only fair that people doing the same work have the benefit of the same pay and conditions.

It would mean that employers could no longer fire you for no reason, and with no right of appeal, in your first 90 days of a new job and if you were going to be dismissed from your role, it could only be for reasonable and fair reasons.

There’s more information about what the law changes will mean for the health team over the page.

“We need a law that strengthens collective bargaining”

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

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 workplacesOutgoing 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.

Star delegate Pauline Moore from Grace Hospital

I have worked in a variety of fields including banking, travel, health, entertainment, research and art. I have a BA Hons1 degree from the University of Sydney and a Certificate of Small Business Management from Te Wananga Aotearoa. I am a administration employee.

I was asked to become a delegate by a co-worker and although I was initially reluctant she insisted!

I enjoy this role as I get to support staff through difficult times and to resolve these difficulties by negotiating with management. I am also on the Collective Agreement negotiating committee and have done this for the past three rounds of negotiations. I think that delegates provide an invaluable service to not only staff members but also management.

Bad medicine: what the changes meanEmployers will be able to opt out of MECA bargainingEmployers 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 conditionsCurrently, 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 action

The 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 for tea and meal breaks and decide how long you must work before you get a break.

Management of ChangeWe are seeing change occurring in Private Hospitals and Hospices.

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/merged/closed.

The best way to meaningfully influence change is to get our views in 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”). An employer who is proposing to make a decision that will, or is likely to, have an effect on an employees employment must 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.

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 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, will you retain the same terms and conditions?

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 employment agreement you have been asked to sign before signing, and to have adequate time to do this.

Healthy Workplace ProjectOur Healthy Workplace Projects in the Primary Health Care (PHC), Private Hospital and Hospice Sectors are 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.

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

Joint NZNO/Employer Healthy Workplace Groups are already implemented in some Private Hospitals, 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 NZNO delegate or local NZNO organiser for more information.

Bowen Hospital Collective AgreementNZNO has renegotiated the Bowen Hospital Wellington Collective Agreement (CA). Bowen is owned by Acurity Health Group Ltd. The new CA is for 3 years and expires 31 March 2016. The employer has matched the same pay increase in the DHB MECA but has divided the percentage increases evenly over the 3 years. Members covered by the CA received a 1.5% pay increase back dated to 1 April 2013. The next pay increase will be 1.5% on 1 April 2014 and a further 1.5% increase on 1 April 2015. These pay increases still maintain the differential above the DHB MECA. Members at Bowen will also now receive three study days per year and a working party has been established to develop study leave criteria. NZNO clauses and access to the workplace have been improved which supports the positive working relationship between NZNO and Bowen Management. The principles to achieving a healthy workplace are to be incorporated into the Safe Staffing, Rostering and Allocation of Staff Policy at Bowen. A special acknowledgement to Catherine Sinclair and Kelly Kennedy, the Bowen delegates, for going the extra mile on behalf of the members at Bowen.

Wakefield Hospital Collective AgreementWakefield Hospital in Wellington is also owned by Acurity Health Group Ltd. A working party was established from the Collective Agreement (CA) negotiations in October 2012 to investigate the possibility of Clinical Charge Nurses (CCNs) being covered by the CA. Wakefield and NZNO have now agreed the CCNs will be covered. NZNO is very pleased with this positive outcome and special thanks to Lee White and Anna Smith who represented the CCNs on the working party. The new CCN pay scale has been incorporated by way of a Variation to the CA.

Manuka Street Trust Hospital Nelson A working party comprising the Manuka Street Trust Hospital management team, NZNO organiser and four delegates has recently concluded. This working party focused on discussion and progression of any outstanding issues arising out of the 2012 CA bargaining and was seen as a positive process.

NZNO and Manuka Street Trust Hospital have agreed to add the NZNO Seven Elements to a Healthy Workplace to the Health and Safety Committee Terms of Reference. They will be a standing agenda item in regular meetings.

Clutha Community Health Collective AgreementThis Balclutha collective agreement has been renegotiated with an expiry of 28 June 2015.

There was a 1.5% increase on base rates from 1 April 2013 with a further 1.94% increase on base rates from 7 April 2014. This sees pay parity with the DHB MECA achieved which is a fantastic result.

On call was also increased to $4.00 an hour and $6.00 an hour on public holidays.

Special thanks to our delegates on the negotiation team.

We set up in Otara Market which is a big market in South Auckland.

Our aim was to target lower socio-economic groups and give advice and basic health checks.

The market site was given to us as it was a community initiative. Auckland Mayor Len Brown came and talked to the nurses and public it was a very interesting day.

This report from Sue Sharpe, pictured second left, who was until recently on the National Delegate Committee and is now an NZNO organiser!

International Nurses Day

National Delegate Committee Representative, Jo-Anne ThomsonWhere do you work?Clutha Health First, Balclutha. This is a community-owned rural trust hospital with 15 inpatient beds, 4 maternity beds, on site GP practice, and full community services.

How long have you been on the National Delegates Committee?Two years. I appreciate the opportunity to be part of this committee and network with others who work in similar hospitals from throughout NZ

My vision is for nursing to be respected as a profession, and for nurses to be recognised for the work they do. Nurses need to look after each other and nurture our future nurses into safe working environments.

What do you enjoy most about your work?My work is varied. Currently I work in the Inpatient area, and have previously worked in the outpatient department, day rehab, and district Nursing.

What does being a National Delegate mean to you?It is a voice for rural health within NZNO acknowledging not everyone works for a DHB and has access to all services or the same level of services.

What would you like to see improve in health?Equality for all!!!!. Access to good quality health care. Where you live should not determine what services you have access to.

What is the best way for members who work in the private hospital sector to communicate with you?Email: shortyandjo@xtra.co.nz

Tell us something interesting about yourself

My interests are gardening, classic cars and family.

I am a very proud Nan of my beautiful 3 year old grandson Maddox.

Update your detailsMoved? Changed jobs? You’ll need to update your details with us. You can call us on 0800 28 38 48 or change your details online. Have your member number handy and log in to the website here: www.nzno.org.nz/membership/member_tools/update_your_details

National Delegate Committee Representative, Mary SmythWhere do you work? Royston Hospital, Hastings.

How long have you been on the National Delegates Committee? Since its inception three years ago.

What do you enjoy most about your work?Variety, work colleagues.

What does being a National Delegate mean to you? Developing a broader perspective on healthcare in New Zealand. Being able to network and support other nurses. Develop strategies and share information/ideas around best practice. Greater awareness of political implications relating to healthcare in NZ.

What would you like to see improve in health?Better streamlining and communication between health agencies to ensure more timely intervention at a preventative level. Also, a more comprehensive and holistic attitude in managing health problems.

What is the best way for members who work in the private hospital sector to communicate with you?E-mail: amryjane@hotmail.com

Tell us something interesting about yourselfI have been a film 'Extra' in an American film about Lucille Ball!

My vision for nursing is that we respect and nurture each other and that we realise our potential and use this to inform healthcare practices and affect legislation around this, in all levels of nursing.

Left to right – Kirstie Cooke, Sue Whitley (Educator) and Lorraine Hogan discussing their training programme.

Grace Hospital Janet Keys commenced as General Manager of Grace Hospital, Tauranga on July 2013. Janet had previously been been in the role of Clinical and Operations Manager at Grace Hospital. Janet has been a Nurse Manager in various settings, and has been employed by Norfolk Southern Cross since 2003. Janet was involved in the planning and start-up of Grace Hospital, and has completed her Master’s Degree in Health Service Management.

An exciting development has taken place at Grace Hospital (Tauranga’s private surgical hospital). In an innovative move, Grace Hospital has commenced a programme to assist with the development of Nurse Practitioners. Nurse Practitioners are registered Nurses with an advanced scope of practice which allows them to assess and treat their patients. This scope enables them to develop a diagnosis and prescribe appropriate medications, which improves the timeliness of access to treatment for patients.

The programme was developed so that Nurse Practitioners would gain advanced nursing skills appropriate to those patients undergoing elective surgery in a private setting and will result in a customised nursing service for Grace Hospital which (as with most other private surgical hospitals) doesn’t routinely have medical staff on site after hours.

Grace Hospital is supporting two of their nurses to progress along a 2-3 year journey to meet the requirements of the Nursing Council to enable their registration as Nurse Practitioners. The training programme entails one day per week working alongside anaesthetists and surgeons to develop advanced diagnostic skills and increase their understanding of the intricacies of various surgical specialties. Other Nurse Practitioners will act as mentors to help the nurses achieve their goals.

Kirstie Cooke and Lorraine Hogan are experienced registered nurses who will eventually specialise in the area of acute adult patient care.

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

Phone 0800 28 38 48

www.nzno.org.nz

Annual Practising CertificatesIt’s good to remind ourselves what we need to do in order to maintain our Annual Practising Certificates (APCs) as Registered Nurses, Enrolled Nurses and Nurse Practitioners through the NZ Nursing Council. After all, the Nursing Council is charged with protecting patient safety through ensuring nurses’ competence through their statutory role as set out in the Health Practitioners Competence Assurance Act (HPCAA 2003).

It’s important to plan your practice so that it does meet the Council’s definition that, “Nursing practice is using nursing knowledge in a direct relationship with clients or working in nursing management, nursing administration, nursing education, nursing research, nursing professional advice or nursing policy development roles, which impact on public safety.” In order to interpret these seven categories of RN nursing practice, say, it is essential that the regulated nurse refers to the Council’s competencies for each scope of practice (for RNs, see http://www.nursingcouncil.org.nz/download/73/rn-comp2012.pdf).

The Council’s requirements for every practising nurse in renewing their APCs are:

completing 60 days or 450 hours of practice in the last three years;

completing 60 hours of professional development in the last three years;

being able to meet the Council's competencies for their scope of practice. (www.nursingcouncil.org.nz/index.cfm/1,189,html/Continuing-competence-requirements).

There are numerous ways to achieve the required professional development which needs to be in the “context of your area of practice”. The Council states that, “Your professional development may be taken as whole days or hours and include a variety of learning activities such as degree courses, short courses, seminars, conferences, in-service education or online learning and Internet-based courses”. Journal readings and attending meetings can potentially meet the required criteria, too. As well, the Council maintains that mandatory or core training required by your employer should not constitute all of your 60 hours of professional development in three years (ibid). Your DHB’s PDRP co-ordinator could well be an important source of information and opportunity towards your professional development.

In the private hospital sector, nurses’ roles do change within the annual cycles around: surgeons’ availability; hospitals, or parts thereof, closing down for periods at a time; and the advances of technology and consequent impact on nursing staff. As a regulated nurse you need to be conversant with your job description and how it matches your role, and ensure you have a performance appraisal completed annually. It is your responsibility to be engaged with why, what and how you do what you do and to then ensure your nursing practice competence.

The Council states that “Employers also have a responsibility to ensure that nurses in their workplace hold current APC to protect public safety” (see www.nursingcouncil.org.nz/index.cfm/1,89,html/Guidelines-for-Applying-for-a-Practising-Certificate). It is NZNO’s intention to assist you, where necessary, in maintaining your competence and appropriately securing your APC.