C2002/1121, Transcript of Proceedings [2002] AIRCTrans 826 (14 March 2002)

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TRANSCRIPT OF PROCEEDINGS


O/N VT02779

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER BLAIR

C2002/1121

HEALTH SERVICES UNION OF AUSTRALIA

and

SUNRAYSIA HOME FOR THE ELDERLY

Notification pursuant to section 99 of the Act
of a dispute re threat of no further employment

MILDURA

11.27 AM, THURSDAY, 28 FEBRUARY 2002

PN1

MR L. ATKINSON: I appear on behalf of the Health Services Union.

PN2

MS K. ANDREWS: I seek leave to appear to represent the Sunraysia Hostel for the Elderly, and appearing with me in this matter is MR D. LEE and MS T. McCARRON.

PN3

THE COMMISSIONER: Thank you. Mr Atkinson, do you have any objections to Ms Andrews seeking leave?

PN4

MR ATKINSON: No, Commissioner.

PN5

THE COMMISSIONER: Thank you. Leave is granted, Ms Andrews.

PN6

MS ANDREWS: Thank you.

PN7

THE COMMISSIONER: Now, there are two files with two separate applications, the Health Services Union making one application in C1121 of 2002, and Sunraysia Hostel for the Elderly in C1174 of 2002. Who wants to lead off?

PN8

MR ATKINSON: If the Commission pleases, and there is no objection from Ms Andrews, I will lead off. Commissioner, the Health Services Union has lodged this dispute notice on the grounds that we seek clarification from this Commission on this particular issue. In the Court room with us is Ms Helen Wilson. Ms Wilson is employed at Sunraysia Hostel for the Elderly in Red Cliffs, and Ms Wilson is also employed as a personal care worker or nursing attendant.

PN9

In 2001 Ms Wilson attended a TAFE course here in Mildura to do her nursing course as a division 2. Ms Wilson has finished her course, Commissioner, and upon seeking registration with the Nurses Board of Victoria, has been told by management that her employment cannot continue if she becomes registered as a division 2 nurse. Commissioner, Ms Wilson is a single mother with two school aged children, and has not sent her registration details to the Victorian Nurses Board whilst this matter is unresolved, as she has major fears regarding threats of her ongoing employment.

PN10

Ms Wilson is under a lot of stress with the concerns of has she got further employment or hasn't she, if she becomes registered. In having brought this matter to you the union is seeking your assistance in ensuring ongoing employment for Ms Wilson, and at a minimum, Commissioner, we would seek that the status quo remains if further consideration is required. Thank you.

PN11

THE COMMISSIONER: Thank you. Yes, Ms Andrews?

PN12

MS ANDREWS: Commissioner, I might just make a couple of comments, and then it would be our submission that this is a matter that should be addressed by way of private conference so that we can explore opportunities to resolve this issue. But for the record if I could say that in terms of Ms Wilson having ongoing employment as a PCA, that issue is not under threat as long as there is no registration as a division 2 registered nurse.

PN13

If Ms Wilson does wish to proceed with her registration as a division 2 nurse, then we would certainly be happy to look at opportunities where she could be employed using those qualifications. The issue for us broadly, and without going into much detail, is that we don't employ PCAs who have division 2 registration, and that is not something that we are wanting to do and are prepared to do at this point in time.

PN14

THE COMMISSIONER: Why?

PN15

MS ANDREWS: Well, could I ask that this be adjourned into private conference to explore that issue a little bit further?

PN16

THE COMMISSIONER: Okay. Do you have any objections to conference, Mr Atkinson?

PN17

MR ATKINSON: No, Commissioner. But if we could reserve our right that if need be to go back on transcript we could.

PN18

THE COMMISSIONER: Sure.

PN19

MR ATKINSON: Thank you.

PN20

THE COMMISSIONER: Thank you. All right, the Commission will go into conference.

SHORT ADJOURNMENT [11.32am]

RESUMED [1.04pm]

PN21

THE COMMISSIONER: The Commission has had an opportunity to have a conference with the parties. Arising from that conference a number of issues were raised. And Ms Wilson was under the understanding that there was a six week period in which she had to register as a div 2 nurse, otherwise she would have to complete a bridging course, and that six weeks appeared to expire on roughly 7 March 2002. The Commission, along with the parties, had an opportunity to contact Ms Leanne Raven, who is the chief executive officer of the Nurses Board of Victoria, and sought from Ms Raven some advice as to whether or not an extension could be provided to that six week period.

PN22

Ms Raven advised the Commission that there is no six week period in which Ms Wilson has to register as a division 2 nurse. Basically all that is required is that the provider of the training course is to provide the documentation to the Nurses Board of Victoria, indicating that Ms Wilson has done the course. Ms Wilson has approximately five years in which to apply for registration of a division 2. Now, that five years seems to arrive from a five year period in which, if a person has not practiced for five years then they must do a refresher course to indicate that they still have the competencies and standards required to practice in that area. So that is where roughly the five year period came from.

PN23

So there is no urgency for Ms Wilson to, in fact, register. Ms Wilson has indicated to the Commission, as part of the proceedings before the conference through Mr Atkinson of the HSUA, that she is happy to continue in her functions as a PCW, and it is only at a time where either Ms Wilson decides to register for a div 2 nurse either at the request of Sunraysia Homes, or she may find alternative employment that requires a division 2 nurse registration, that she then would be required to register with the Nurses Board of Victoria.

PN24

No further business, the Commission stands adjourned. Thank you very much.

ADJOURNED INDEFINITELY [1.06pm]