What is enterprise bargaining? - Queensland Nurses Union

Berlasco Court QNU members 31 October 2012
What is enterprise
bargaining
QNU CONNECT
3099 3210
www.qnu.org.au
Your minimum conditions of employment
and minimum wage rates are contained in a
document called the Nurses Award 2010.
To improve pay rates and working
conditions above the minimum, staff
ask employers to negotiate a workplace
agreement.
Staff may elect representatives for this
negotiation process—however the
Queensland Nurses’ Union (QNU) is
the default representative for all QNU
members.
In 2009 negotiations with Berlasco Court
were held and the Berlasco Court Nursing
Staff Enterprise Agreement 2009 was
created. This document now forms your
minimum conditions of employment.
This agreement has an expiry date of
31 October 2012 which means that a
replacement agreement must now be
negotiated.
Please be aware that even though the expiry
date may pass, the current agreement will
remain effective until a replacement is
certified.
Who decides what to negotiate for
The QNU recently mailed out a newsletter
and survey to members. The responses to
this survey will provide the basis for our
claims.
QNU Organiser Paul Mitchell has also
visited the workplace several times over the
previous few months to discuss any other
items of interest staff may have, and to give
staff the opportunity to join the QNU and
get involved in the negotiation process.
What is the process
It is mandatory for an employer to give a
“Notice of Representational Rights” to all
staff to be covered by the Agreement prior
to commencing negotiations.
As a member, you are automatically
represented by the QNU and do not need
to respond to this notice.
Negotiations are then held until a new
draft agreement is created. This draft may
contain changes to entitlements such
as annual leave, overtime rates, public
holiday rates and shift lengths or changes
to allowances such as uniform allowance or
qualifications allowances.
The final stage involves a ballot of staff—
no agreement can be approved unless
the majority of staff to be covered by the
agreement vote in favour of it.
A majority is interpreted as the majority of
staff who vote, not the majority of staff at
the workplace. For example if there are 20
staff but only ten staff members vote and six
vote “Yes” then the agreement is approved.
Prior to the ballot the employer must make
available a copy of the draft agreement
for at least seven days. This is the only
obligation that management has—they are
not required to inform staff of all of the
proposed changes.
During this period the QNU provides
members with a comprehensive newsletter
noting all of the proposed changes, both
positive and negative, and gives members
an idea of how the proposed changes may
affect working conditions.
Can only union members vote in the
ballot
No, all staff who are to be covered by the
agreement are eligible to vote regardless of
whether they are union members.
What happens if the majority of staff
vote “No”
If staff do not vote in favour of the
agreement then both staff and employer
must return and begin renegotiating
another draft agreement. Ideally this will
be a more satisfactory agreement than the
agreement previously voted down by staff.
Authorised by B. Mohle, Secretary, Queensland Nurses’ Union, October 2012.

Will staff receive back pay if there is a
delay in balloting the draft agreement
There is no obligation on management to
backdate any pay increases—this matter is
subject to negotiation.
However it is worth noting that the
better employers backdate pay increases
as a demonstration of good faith and an
acknowledgment for the work staff have
continued to conduct even though their
agreement was due for replacement.
Unfortunately back pay is often used by
unscrupulous employers as a cheap way
to pressure staff into voting “Yes” for an
otherwise poor agreement. Often in such
cases the employer will inform staff that a
“No” vote will result in the offer of back pay
being removed.
How do I find out what is in the current
agreement
QNU members can download a copy of
the current workplace agreement from the
QNU website at www.qnu.org.au/membersonly/yourentitlements/aged-care
How can I be more involved in the
negotiation process
There are a number of different ways of
becoming involved in the negotiation
process, from sharing information with
your colleagues to becoming a bargaining
representative.
None of the roles are onerous, and they are
all excellent ways of learning more about
how your workplace functions and how you
can improve it.
Members who volunteer to assist in
the negotiation process—whether by
sharing information or sitting down at
the negotiating table—are always well
supported by trained and experienced
QNU officials.
Contact your QNU Organiser Paul Mitchell
on 3840 1450 for further information on
the opportunities available.
How can I learn more
QNU offers free training for members.
A session suitable for QNU members
employed by Berlasco Court called Private
Sector Nurses—Knowing Your Entitlements
is being held on Friday 30 November and
will provide detailed information about
what your entitlements are and how to
ensure you receive them.
For more information on this training
session including enrolment details, visit
www.qnu.org.au/get-educated/qnu-training
How else can I help
Pass this newsletter to a colleague who you
think might not understand the process.
Suggest that staff become members of the
QNU so that they can be kept up to date.
Know someone who is not a member of the QNU
Now they can join online.
Just go to www.qnu.org.au
and follow the links — it’s easy!
Have you updated your
current email address
Make sure you get the latest news from the QNU.
www.qnu.org.au/update
www.qnu.org.au