C2002/2351, Transcript of Proceedings [2002] AIRCTrans 2524 (5 July 2002)

AUSCRIPT PTY LTD
ABN 76 082 664 220

Level 4, 179 Queen St MELBOURNE Vic 3000
(GPO Box 1114 MELBOURNE Vic 3001)
DX 305 Melbourne Tel:[phone] Fax:[phone]

TRANSCRIPT OF PROCEEDINGS


O/N VT04687
AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER BLAIR

C2002/2351

NURSES (VICTORIAN HEALTH SERVICES)
AWARD 2000

Application under section 113 of the Act
to vary the above award re changes to
part (c) in clause 32.7 regarding Registered
and Mothercraft nurses

MELBOURNE

11.12 AM, THURSDAY, 20 JUNE 2002

PN1

MR P. GILBERT: I appear for the Australian Nursing Federation.

PN2

MS J. WHITECROSS: I appear for the Victorian Employers Chamber of Commerce and Industry on behalf of the respondent members.

PN3

THE COMMISSIONER: Thank you, Ms Whitecross. Now, I note that the parties are sitting relatively close together. Is this an indication that there is a possible amalgamation in - - -

PN4

MS WHITECROSS: Can we go off the record here?

PN5

THE COMMISSIONER: All right. Mr Gilbert.

PN6

MR GILBERT: Thank you, Commissioner. I might start by just handing up evidence that we have given effect to the order for substituted service, particularly relevant given the line-up we have here today, obviously a matter of utmost importance to the industry

PN7

THE COMMISSIONER: Yes.

PN8

MR GILBERT: If I could just take the Commission to the second-last page of that document and it indicates the parties to whom we were to serve the order and on the last page is a facsimile receipt indicating that the order was served and that each of the parties, according to the fax receipt, received the order for substituted service and the proposed variation that the ANF seeks. The terminology "error information" with a dash is an indication that it went through in respect to each of the numbers that are listed on that page.

PN9

THE COMMISSIONER: Right.

PN10

MR GILBERT: We have the appearance of Ms Fraumano, also.

PN11

THE COMMISSIONER: Ms Fraumano.

PN12

MS J. FRAUMANO: Apologies, Commissioner Blair.

PN13

MR GILBERT: Leave is not opposed if it is to be sought. The clause in question - has the Commission got a copy of the award handy? I can just read from it if that is suitable.

PN14

THE COMMISSIONER: I think I have got it. What clause?

PN15

MR GILBERT: Clause 29.7 is the first one of significance.

PN16

THE COMMISSIONER: No. It appears to be the wrong one.

PN17

MR GILBERT: I will read it out. It is simply the clause relating to experience and sub-clause 29.7.2 of that clause reads:

PN18

Where an employee has not been regularly employed as a registered nurse or has not actively nursed for a period of five years or more, such employee's prior service and experience shall not be taken into account.

PN19

And the following sub-clause 29.7.3 states:

PN20

In respect to nurses undertaking a refresher course, refer also to 32.7 -

PN21

which is the main clause in which we seek a variation today. Clause 32.7 states, and is headed "Refresher Courses and Supervised Experience":

PN22

During the clinical experience period of refresher courses or during supervised experience where such course or experience is required by the Nurses Board of Victoria, nurses shall be paid as a registered nurse grade 1. For the first 12 months after completion of the refresher course or supervised experience at the rate appropriate to his or her years of experience but no higher than grade 2 year 2. After completion of 12 months experience in accordance with 32.7.2 a nurse, upon sufficient proof to support a claim for incremental advancement, shall be paid at the rate appropriate to his or her years of experience.

PN23

And then it goes on to say:

PN24

For the purposes of this clause -

PN25

the earlier clause that I read out -

PN26

will not apply -

PN27

which is the clause that cancels out service prior to five years. So the effect of it is, if you do the course, termed in here as a refresher course, once you have completed the course and consolidated for a year your previous experience does apply. The matter that has caused the difficulty is the term "refresher" and if I could just hand up a document just to satisfy the Commission as to the reasons why that has occurred.

PN28

THE COMMISSIONER: It is not intended, is it, to amend or change the outcome? It is just simply, is it, a re-naming to avoid any confusion?

PN29

MR GILBERT: It is to re-name and to avoid any confusion or ambiguity, yes. It arises because the Nurses Board, up until some time in the late '90s, required a nurse who had been out of nursing for five years or more to undertake a refresher course. That was the title they gave it. And the document in front of you is a document from the Nurses Board, or the Victorian Nursing Council as it then was, of 1988 which was their policy up until that change. And in the first paragraph of that document it states:

PN30

Under section 28 sub-section (3) of the Nurses Act 1958, issuance of an annual practising certificate to a nurse is subject to a proviso that if such person has not, at any time within the period of five years before the first day of January in the year in respect to which the notice of intention to practice is given, held or been deemed under this Act to have held an annual practising certificate in respect of any branch of nursing concerned, the council may withhold the issue of the certificate in respect of any such branch of nursing until the person concerned has satisfactorily completed such refresher course of nursing as the council directs.

PN31

So the term then used by the council was someone had been out of nursing for five years was a refresher course and they were obliged to undertake that course before they could re-enter nursing. The Nurses Board of Victoria has now changed that, and the final document I will ask you to have a look at. We have a new photocopier and it chooses to staple in the strangest of places.

PN32

THE COMMISSIONER: Would you like a re-entry course into how to operate it?

PN33

MR GILBERT: Just a refresher would be entirely sufficient. This is the updated policy of the Nurses Board of Victoria, and if I could take the Commission to the second page under the bold heading "Re-registration":

PN34

Under section 14 of the Nurses Act 1993 all nurses who have not had sufficient nursing practice in the preceding five years and who wish to re-register are required to undertake a re-entry to practice program. There are two ways in which a nurse may re-enter practice. They must successfully undertake one of the following: a board accredited re-entry program or a period of supervised practice at a health care facility approved by the board.

PN35

It then - that is the new terminology adopted by the Nurses Board which, clearly, is not consistent with the terminology that has existed in the award. The purpose and effect of the variation that we seek is to delete the word "refresher" where it appears in 32.7 and replace it with "re-entry" and leave "supervised experience" where it is. The term "refresher" still has a meaning in the industry - well, it is a new meaning and it is simply a course one does if, for example, you have done medical nursing for 20 years and you want to work in surgical or orthopaedic or some other area and it could be a one or two or three day course that you do voluntarily just to update your skills.

PN36

This course - the re-entry course, as was the previous refresher course, is a course set by the Nurses Board and is quite a substantial course. So the sole purpose of the variation is simply to delete the word "re-entry" and - "refresher" and replace it with "re-entry" which gives effect to the original meaning of the clause. There would need to be an incidental variation to the clause I read out earlier which was 29.7.3 where it states:

PN37

...in respect to nurses undertaking a refresher course -

PN38

that would need to say a re-entry course and that is not indicated in the draft - sorry, in the application. So I would seek that the application be varied in accordance with section 111(1)(p) just to expand it to that other incidental variation that would be required and the draft orders that we would seek and provide to the Commission if, depending on the attitude of the other parties and of the Commission, would be in accordance with the application made to the Commission, save for that other incidental variation that would need to be made.

PN39

We would say that the requirements of the Act in respect to the variation have been met, specifically section 113 sub-section (2) and 113 sub-section (3)(b). If the Commission pleases.

PN40

THE COMMISSIONER: Yes, thank you, Mr Gilbert. Ms Whitecross.

PN41

MS WHITECROSS: If the Commission pleases. Commissioner, subsequent to discussions that I believe have taken place between Mr Gilbert and Mr Everhard from our office and also on the basis of the submissions put to you by Mr Gilbert this morning, that VECCI would not be opposing the application in the terms sought. If the Commission pleases.

PN42

THE COMMISSIONER: Thank you. Ms Fraumano, yes, you were late and, yes, leave is granted.

PN43

MS FRAUMANO: Thank you, Commissioner. We have had an opportunity to meet with Mr Gilbert and understand the ANFs particular problem in respect to this matter. We would not oppose the variation as put by Mr Gilbert. If the Commissioner pleases.

PN44

THE COMMISSIONER: Thank you. All right. This is an application under section 113 to vary the Nurses (Victorian Health Services) Award 2000 by deleting clause 32.7 in its current form and inserting an amended form, simply to accommodate changes that have occurred in terminology from the words "refresher" to "re-entry". The Commission notes it is not the intent of the parties in agreeing to the variation to alter the outcomes but simply to accommodate changes that have occurred due to changes in terminology used by the Victorian Nurses Board.

PN45

Mr Gilbert will provide a draft order to the Commission and to the parties. Subject to receiving no adverse comments regarding the proposed draft order, the Commission will vary the award in the terms sought. The variation will take effect from today's date, June 19 - June 20, sorry, 2002 and the variation shall remain in force - Mr Gilbert, 12 months? Okay. No further business, the Commission thanks the parties and stands adjourned.

ADJOURNED INDEFINITELY [11.24am]