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Legislative Council - Fifty-Second Parliament, First Session (52-1)
2011-02-22 Daily Xml
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NURSES AND MIDWIVES ENTERPRISE AGREEMENT

The Hon. T.A. FRANKS (14:59): I seek leave to make a brief explanation before asking the Minister for Public Sector Management a question about the SA public sector nurses' and midwives' pay rise processing.

Leave granted.

The Hon. T.A. FRANKS: The minister, I imagine, and certainly members, would be aware that there has been some progress—but very slow progress—regarding the resolution of the dispute lodged by the ANMF (SA Branch) before the Industrial Relations Commission recently in regard to the timely payment of the pay increases that had been negotiated under the enterprise award with the SA government last year. Of course, agreement was reached in late October and finally approved by the Industrial Relations Commission in December, with the first pay increase scheduled to be paid from 1 October 2010.

The minister may also be aware that delays have affected the federation's previous disputes. This dates back as far as 2001; that is some 10 years ago. In those issues, insufficient public sector staff resourcing was identified as being critical to the timely and efficient payment of the outstanding salary and wage increases that affected all employees under the state government Wages Parity Enterprise Agreement 1999 who were employed by the then DHS.

Subsequent to that, the PSA appeared in the IR commission and on 27 October 2003 the then deputy president Hampton agreed with the recommendation of the PSA that additional resources, including staff and overtime, be deployed to ensure that payments were made within the agreed timetable, with interest to be paid on any delayed payments and the PSA to be paid for lost payroll deduction subscriptions for delayed payments for the increases. This brings us to 10 years since the original 2001 case.

1. Would the minister agree with Justice Hanlon who noted, in 2001, that 'there is clearly an obligation on the employer to make repayments in accordance with approved enterprise agreements and to have in place all reasonable measures to ensure such is done'?

2. Can the minister guarantee that these delays which have occurred in the past and which appear to be being repeated will not affect our hardworking nurses and midwives in the public sector, that they will receive their pay rises urgently and that all sufficient public sector resources will be made available to ensure this can be done?

3. Given these unacceptable delays in paying both the previous wage increase and this current outstanding matter, will interest be paid? I note that at this stage the interest would range between $21.87 and $26.25 per nurse, or an amount between $350,000 and $420,000.

Members interjecting:

The PRESIDENT: Order!

The Hon. B.V. FINNIGAN (Minister for Industrial Relations, Minister for State/Local Government Relations, Minister for Gambling) (15:02): I thank the Hon. Ms Franks for her question. The matter does come more within my purview than that of my honourable colleague, although it is also a matter for the Minister for Health, so if there is information I need to obtain from him I will refer the question to him in another place.

As the honourable member correctly said, in December 2010 the Industrial Relations Commission of South Australia approved an enterprise agreement relating to the employment of nurses and midwives. That agreement provided for significant salary increases and other provisions. On 18 January this year the Nursing and Midwifery Federation filed a dispute in the South Australian Industrial Relations Commission alleging a delay in the payment of wage increases and allowances arising from the new agreement.

I understand conciliation conferences were held in the commission on 27 January and 2 February this year. Employer representatives confirmed that payment of salary increases would commence in the pay period of 2 February and that applicable back pay would be completed by 1 April 2011. That is my advice. The Department of Health also agreed to provide a written commitment to the Australian Nursing and Midwifery Federation that future salary increases would be applied in accordance with the terms of the agreement.

I understand that it can be frustrating for employees to wait for their back pay for wage increases to come through but, as we know, the enterprise bargaining process can be quite involved and reasonably lengthy. Sometimes it can be quite some time before agreement is reached and certified. However, the advice I have received is that those salary increases would commence in the pay period of 2 February and back pay be completed by 1 April, and that should be good news to those covered by this agreement.

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