nsw nurses and midwives’ association
ANNUAL REPORT 2022 – 2023
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Contents
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2
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Foreword
Message from the President
Shaye Candish and Michael Whaites
O’Bray Smith
General Secretary RN, BN, Grad Cert Nursing (Emergency)
President RN, Midwife, Masters in Midwifery
2022 – 2023 Annual Report
Assistant General Secretary RN DipAppSc(Nurs), GradDip(Mid), MAdEd
Membership and Finance
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Winning Better Lives
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MAJOR CAMPAIGN
How our Member Rights Centre supports members
26 28
Work Health and Safety
30
16
Legal and Professional
32
18
Education
34
Advocacy and social campaigns
36
Professional Reference Groups
38
Building relationships
40
Affiliations
42
Annexure 1
45
Ratios
12
Aged care
Building Power Prosecuting missed nursing hours
Industrial
18
Winning the staffing fight at the branch level
19
Networking for success in public health
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Reversing poor decisions by management
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Securing financial recognition
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Historic industrial action from two private hospitals
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Summary of financial information for the year ended 31 December 2022
Annexure 2
Disciplined campaign secures ratios at Sydney Adventist Hospital
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Fighting unfair pay and conditions, employer misinformation
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46
New agreements finalised by the Association
Collective dispute returns additional days off to more than 100 employees 25 Distance no issue for Lifeblood fight
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Foreword shaye candish
michael whaites
GENERAL SECRETARY
ASSISTANT GENERAL SECRETARY
Last November, members exercised their democratic voice, and we were humbled to be elected to the positions of General Secretary and Assistant General Secretary alongside our driven and dedicated team of 21 newly elected Councillors. We promised to serve as a united group, committed to delivering a stronger future for all nurses and midwives. In our first year of leadership, we’ve been able to achieve some significant outcomes by building and empowering members to bring about real improvements for our professions. Going forward, we intend to harness this strength to not only ensure your rights at work are enforced and protected, and we hold your employers to account, but we take action where needed to make sure your voice is heard on the issues that matter. As the Association’s 2020-23 strategic plan concluded at the end of June, we are now developing a plan for the next threeyears. We will bring the 2024-26 plan to delegates for endorsement prior to its commencement in January.
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2022 – 2023 Annual Report
The past twelve months have seen considerable wins for the Association, which wouldn’t have been possible without the dedication and determination of our 76,000-strong membership. Though we’ve made substantial inroads in some areas, like the reforms in aged care and implementation of safe staffing ratios in five key areas of public hospitals, we know much more work is to be done, and our professions face continued challenges more broadly.
Growing Power At the core of our vision for the Association is a steadfast commitment to inspiring and growing our membership and our democracy so we can continue delivering improved outcomes for members in the months and years ahead.
Our democracy is at its healthiest when we have members empowered to speak up in the workplace and as their union. Our union must be an inclusive organisation that represents the cultural diversity within our professions and society at large. We want to support more members to become involved in campaigns and fighting for fairer pay and conditions. To deliver this, we are investing in member leaders and cultivating networks in the workplace to grow our collective strength and assessing the resources we need to make this happen.
In private hospitals, we have been agitating employers to deliver the same accountability measures. This is essential to ensuring workers receive equal staffing standards. We’ve seen wins in some workplaces already, including Sydney Adventist Hospital, where members showed their collective strength to successfully lobby management to implement a transparent and accountable ratios system. We are achieving change, and we are determined to bring ratios to all health settings, irrespective of their operating environment.
Making your voices heard
In aged care, together with members, we secured unprecedented staffing improvements, including the delivery of legal requirements for residential aged care facilities to have at least one registered nurse on duty, 24 hours a day, seven days a week and mandated minimum care minutes to be introduced from October. This is a significant outcome that couldn’t have been achieved without the persistence of members over many years.
It is so important members are heard at the table where decisions are made. This includes forums, industrial tribunals, and political discussions at local, state and federal levels. Nurses and midwives are among the most trusted workers in this country, and no one knows the issues affecting you better than yourselves. Members have been at the forefront, building political power to have your voice heard on policy and decision making that impacts you, your workplace, and the way you are remunerated for your work.
Safe staffing We know ratios means better care for patients. It also translates to a safer and more rewarding workplace experience for nurses and midwives. In public health, we’ve been negotiating with government to see the implementation of minimum and enforceable ratios in five key areas. We finally have a start, but our campaign does not stop until our claim is delivered in full over the coming years.
There’s plenty more work to be done in rural and regional NSW to bring healthcare standards up to where they need to be. Widespread nursing and midwifery vacancies are still present across rural and regional areas, and that’s having a daily impact on the care that’s provided to patients. The Association is advocating for improvements of the rural workforce incentive scheme to ensure rural communities get the care they need. These are important steps, but we are resolute on achieving better outcomes. We recognise there is a big task ahead in attracting more nurses and midwives across NSW. We are continuing to lobby at both the state and federal levels for better workforce design and planning.
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Empowering our professions into the future We’re committed to fighting for expanded career pathways for nurses and midwives. As a forward thinking union, we should be clear about where we want our professions to be in five and 10 years’ time. We want to build this vision with members and leaders within the professions. We are also focused on tackling the systemic issues that drive the gender-aligned pay disparity. We know better pay, reform to superannuation, and greater action on affordable housing for nurses and midwives will help improve your financial security and we commit to working in those three areas. Better provisioning of parental leave and domestic violence leave across the health system and breaking down the barriers nurses and midwives face in returning to management positions following a period of maternity leave, also need addressing.
Safeguarding against threats to our industry Burnout and moral injury resulting from chronic overwork existed long before the impacts of COVID-19. However, this was undoubtedly exacerbated by the pandemic, and staffing shortfalls remain an ongoing challenge for our healthcare system. While we continue to address workloads as a key factor, we must act to improve your workplaces’ culture; ensuring employers are taking effective steps to improve your psychological safety at work. Members’ lived experiences of catastrophic fires and floods demonstrate the risks posed by climate change and the rise in health issues as a result. Climate change will have significant consequences for our overstretched health system if we don’t act now, and we are committed to ensuring your voice on this is heard to seek real action on climate change.
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2021 –– 2022 2022 2023Annual Annual Report Report
Delivering for all A well-resourced, accessible and affordable health system is a fundamental human right. We are committed to doing all we can to support the delivery of leading healthcare services, particularly in communities that have been neglected through years of government and institutional policy failure. This includes the area of Indigenous health. We are working to make significant changes within our democratic structure to ensure the voices of Aboriginal and Torres Strait Islander members are heard as we advocate to close the gap between Indigenous and non-Indigenous care, and to improve cultural safety for Aboriginal and Torres Strait Islander workers. It is this vision, supported by the democratic interests of members, that allows us to proudly advocate for an Indigenous Voice to Parliament.
Tax reform to fund health One solution to the shortfall in health funding is to reform our tax system. Large global corporations continue to escape accountability in paying their fair share of tax on record profits. The Association has proudly campaigned on this issue for years and we are dedicated in continuing this work. We can afford better health care and better pay and conditions if we, as a society choose to do so. This is our vision for some of the work that lies ahead for the Association. We look forward to bringing you a draft strategic plan for the next three years.
Message from the President o’bray smith Members, I want to start by thanking you for putting your faith in your new leadership team. It has been a period of renewal at the Association, however our commitment to securing strong outcomes for members remains consistent. I, along with Shaye, Michael and the entire Council, know that we have a real opportunity to improve workplace outcomes for members, but we have a road ahead of us. Rest assured, this is one we’ll travel together in lockstep.
strong sense of advocacy for the midwifery profession, as well as an understanding of the broad challenges facing the workforce.
In reflecting on the last 12 months, we have welcomed three new members to the NSWNMA Council.
The third addition to Council is Paul Haines. Paul’s background brings a great diversity of experience to our efforts, having worked both as a Clinical Nurse Specialist (CNS) in intensive care and as a paramedic.
Emma Gedge, an experience Midwife and Lactation Consultant, joined our team last December. Emma has brought with her a
Skye Romer, an Enrolled Nurse and vocal campaigner in the fight for safety in the workplace, is the second councillor to join the team since our last Annual Conference. Skye is a passionate spokesperson on the struggles of nurses and midwives who are injured while carrying out their duties.
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All three new councillors have joined your council to provide valuable nursing and midwifery voices to the decisions made at the executive level.
For the past year, Council has been working in collaboration with managers to deliver outcomes from your Committee of Delegates and motions.
On behalf of Council, I’d like to thank our three outgoing councillors, Gary Clark, Lisa Barry, and Lauren Lye. Your contribution to our work has been greatly appreciated.
Of note, the NSWNMA Council has helped deliver the new policy on filling Council casual vacancies. Importantly, we have advocated for, and helped develop, a member survey to review member satisfaction.
Over the past five years, Council has seen more than a 30% turnover of its membership. For this reason, we have spent the past four months focusing on strengthening our professional development. The Council, Executive, and Association managers have all attended education for directors on key matters such as finance, governance, and risk. This is all with the aim of improving the efficiency, safety, and sustainability of our Association. Council is tasked with an important job, providing custodianship over the Association. It is a responsibility none of us take lightly, and a privilege of our work. That is why we have undertaken training in these areas – to ensure Council decisions are made in the most educated and sensible manner.
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2022 – 2023 Annual Report
The Council will continue to ensure resolutions are not just on paper, but part of our everyday practice in the Association. This includes practical change, such as moving to hybrid vehicles, participating in ethical investments, and implementing rule changes to give a greater voice to our Aboriginal and Torres Strait Islander members, to name just a few. Through your resolutions, the Council is empowered to shape our collective future and advocate for the changes you want to see. I want every member to know that the resolutions you pass at your branch meetings are key to helping us steer the Association. We thank you for placing your trust in us to manage your Association. We relish the opportunity to oversee the implementation of our strategic plan, and to be able to represent you in a fair and altruistic manner.
Association Council – meeting attendance Meetings held from July 2022 to June 2023 = 14
Shaye Candish
Michael Whaites
NSWNMA General Secretary & ANMF NSW Branch Secretary Attendance: 14 meetings
NSWNMA Assistant General Secretary & ANMF NSW Assistant Branch Secretary Attendance: 13 meetings
nswnma executive members and anmf nsw branch executive members
Attendance: 14 meetings
Michelle Cashman
Kerry Rodgers
Attendance: 11 meetings
nswnma councillors and anmf nsw branch councillors * Term of office started December 2022
Kate Goodman
Attendance: 11 meetings
Diane Lang
Attendance: 13 meetings
Wing Besilos
Attendance: 11 meetings
Paul Haines
Attendance: 7 meetings*
Richard Noort
Attendance: 13 meetings
O’Bray Smith
NSWNMA President & ANMF NSW Branch President Attendance: 12 meetings
Edward Makepeace
Attendance: 13 meetings
Jill Telfer
Attendance: 14 meetings
Robyne Brown
Attendance: 12 meetings
Jocelyn Hofman
Attendance: 10 meetings
Meg Pendrick
Attendance: 10 meetings
Lorna Scott
NSWNMA Vice President & ANMF NSW Branch Vice President Attendance: 14 meetings
Liz McCall
Attendance:13 meetings
Sue White
Attendance: 13 meetings
Emma Gedge
Attendance: 7 meetings*
Lyn Hopper
Attendance: 11 meetings
Skye Romer
Attendance: 6 meetings*
outgoing councillors Gary Clark Michelle Straub
Attendance: 13 meetings
Kristy Wilson
Attendance: 5 meetings^
Lisa Barry Attendance: 4 meetings^
Lauren Lye Attendance: 3 meetings^
Attendance: 14 meetings
^Term of office ended December 2022
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Membership and Finance membership As at 30 June 2023
76,367
51,227
TOTAL MEMBERS
PUBLIC HEALTH SYSTEM
+2.5% Increase of 1,873
8,199
+2.5%
841
10,406
RESIDENTIAL AGED CARE +1.6%
5,694
PRIVATE HOSPITALS
JUSTICE HEALTH
OTHER SECTORS
+5.3%
+1.3%
+0.9%
* Variance is for the period 30 June 2022 – 30 June 2023
financial report The Association remains in a sound financial position. Total membership income in 2022 was $50,065,827 (2021: $48,387,293), an increase of $1,678,534 (+3.5%). Net Assets as at 31 December 2022 were $51,666,065 (2021: $53,422,384). The overall 2022 result for the year was a deficit of $1,711,366 (2021: $4,855,235 profit). The major contributor to this deficit result was the significant campaign expenditure (largely from the NursePower reserve) of over $3.27M (2021: $1.14M) mainly for Ratios and the Federal election. Additionally, 2022 was a challenging year for the financial markets and the Association’s investment portfolio experienced declines in line with the market conditions. The investment portfolio market value declined by $2.26M (down 11%). (The markets are
10 2022 – 2023 Annual Report
more positive in 2023 and as at 31 May the investment portfolio has recovered more than $950,000). We continue to invest in and reap the benefits of the new membership system launched in 2019. The system actively supports member communication and engagement and issue case management as well as better managing fee processing to help ensure members remain financial. The Audited Accounts for the year ended 31 December 2022 are summarised at the end of this report and the full financial statements are available to members online in Member Central. The unaudited accounts for the five months to 31 May 2023, have a surplus of $902,198, a favourable variance to budget of $664,848 and Net Assets are $52,500,757.
Winning Better Lives *Figures represent 1 July 2022 – 30 June 2023
294
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56,170
BRANCHES
NEW BRANCHES
TOTAL NUMBER OF MEMBERS ON BRANCHES
1,528
552
405
BRANCH OFFICIALS
DELEGATES
10,177
9,657
MEMBERS RECRUITED
MEMBER LEADERS
ACTIONS WERE TAKEN BY MEMBERS (since introduction of the NSWNMA app)
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major campaign
ratios In early 2022, the NSWNMA Council set in motion a significant proposition that would leave an indelible mark on the Public Health System. Their resolute action called for sustained statewide strikes until change occurred. Driven by the dismay of the conditions facing public sector workers, members resoundingly endorsed this proposal.
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From 1 September 2022, members from across the state took up the fight by engaging in a series of 79 actions all designed to illustrate how fed-up nurses and midwives were with the status quo of staffing in public hospitals.
Heads to Albury, members gathered in numbers and were supported by locals at over 30 regional rallies with a united message: “Do better, Perrottet”.
Much like the historic first (15 February) and second (31 March) strikes, the September action garnered strong media attention. The Association and its protests received more than 6,300 mentions across television, radio, print and online platforms.
As attention turned to the March 2023 state election, the Association spearheaded a campaign to make ratios a core issue for voters. Through an extensive list of grassroots initiatives, including doorknocking, street stalls, workplace actions, and community conversations, a network of volunteers successfully ignited public interest.
Our message resonated strongly across social media, where Facebook impressions for the week nearly doubled to 963,000, while our month-on-month impressions on Instagram increased seven-fold to 320,000.
By rising as one against unsafe staffing levels, members helped secure Labor’s commitment to implement ratios. This sustained campaign undoubtedly helped change the government in NSW.
Three weeks after the September strike, Labor announced its Safe Staffing Levels policy, a commitment to implement key elements of our ratios claim if elected to government. It also pressured the then government to start talking about workforce solutions, but their preference for posturing in the parliament instead of meaningful negotiations resulted in a fourth strike.
In April, the Safe Staffing Levels Taskforce was established and this collaborative effort has the Association working alongside NSW Health officials to navigate the rollout of ratios.
On 23 November, nurses and midwives walked off the job across the state to send a message to the government that the staffing system was broken. From Tweed
All these actions have been significant for our union, and will help to deliver longterm staffing improvements in our public health system. This ratios rollout is the start of our reform journey. It represents a foothold in our long-term goal of achieving ratios across all specialties in the coming years.
1 SEPTEMBER 2022 STRIKE
2x Facebook
impressions for the week to 963,000
7x Instagram
month-on-month impressions to 320,000.
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FEB a timeline 2022 of the 15 Feb 2022 1 statewide fight to strike of public secure sector nurses and midwives in almost a ratios decade, over 53 actions
MAR 2022
MAY 2022
held in metropolitan and regional areas
5 May 2022 NSW parliamentary committee hands down 44 recommendations following two-year inquiry into Health outcomes and access to health and hospital services in rural, regional, and remote NSW.
8 Dec 2022 NSW parliamentary committee hands down 12 recommendations from inquiry into ambulance ramping and access block
28 June 2022 NSWNMA Council calls Special General Meeting of public sector nurses and midwives broadcast from Sydney Town Hall
st
A YEAR IN A DECADELONG CAMPAIGN
DEC 2022
NOV 2022
5 Feb 2023 Ratios: it’s a Life Saver (phase two) television advertising campaign launches
FEB 2023
31 March 2022 2nd statewide PHS strike, including 20 rallies and protests
OCT 2022
2 Nov 2022 Centre for Future Work report on cumulative costs of wage caps released
15 Feb 2023 Rosemary Bryant AO Research Centre report on Impacts of COVID-19 and workloads on NSW nurses and midwives’ mental health and wellbeing released
23 Nov 2022 4th statewide strike of public sector nurses and midwives
5 Oct 2022 NSWNMA appears at hearings for inquiry into ambulance ramping and access block
JUNE 2022
SEPT 2022 1 Sept 2022 3rd statewide strike of nurses and midwives 15 Sept 2022 Ratios: it’s a Life Saver television advertising campaign launches 21 Sept 2022 Labor announces Safe Staffing ratios election commitment
MAR 2023 4 March 2023 NSWNMA and UnionsNSW doorknocking and street stall ratios blitz
9 March 2023 Illawarra and Shoalhaven branches hold community health forum with candidates
16 March 2023 20 public sector branches held own time ratios rallies outside metropolitan and regional hospitals
5 March 2023 NSWNMA and UnionsNSW media conference on public sector nursing job vacancy crisis
15 March 2023 NSWNMA files major prosecution case in the Supreme Court against the state of NSW for systemic and repeated breaches of the Public Health System Nurses’ and Midwives’ (State) Award
18-24 March 2023 NSWNMA ratios conversations at pre-poll locations, street stalls, festivals and train stations
8-14 March 2023 NSWNMA community conversations on ratios at Sydney train stations
AUG 2023 7 August 2023 58.4% of Branches vote to endorse the state government’s one year Award offering of a 4% pay increase plus 0.5% superannuation
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JUNE 2023 26 June 2023 NSW government in principally supports 10 of the parliamentary committee’s 12 recommendations into ambulance ramping and access block
25 March 2023 NSW state election. Labor wins government after 12 years in Opposition
MAY 2023 8 May 2023 Ratios, Pay and Conditions Award Claim 2023 put to NSW Ministry of Health and government for consideration 17 May 2023 Surgical Care Taskforce to reduce elective surgery wait times meets for first time to outline priorities
APRIL 2023 27 April 2023 NSW government announces establishment of Safe Staffing Levels Taskforce
Report exposes harsh reality of decade-long public sector wage caps Last November, the true impact of the former NSW government’s public sector wage caps was revealed. A report by economist and director of the Centre for Future Work at the Australia Institute, Dr Jim Stanford, exposed a number of alarming findings: • Experienced nurses and midwives have been left out of pocket to the tune of $80,000 each as a result of the cruel public sector wage caps suppressing their income over the past decade • Most nurses and midwives had been forecast to fall well short of the thresholds considered for a ‘comfortable’ retirement • In a sobering example, an experienced female nurse or midwife who is single and renting will fall more than 50 per cent below the comfortable retirement threshold • Little had been done by way of government policy to close the gender pay gap, especially in the female-dominated sector of nursing and midwifery Following sustained pressure from the union movement, Labor made the wage cap a major issue on its path to victory at the March state election. The Premier has since committed to scrapping the decade-long cap on pay rises for public sector workers, come September. Though we are yet to see the cap removed, the Association has been involved in the consultation process for the reform of the state’s industrial relations system. We hope to see significant changes arising from that reform.
Study reveals alarming impact of COVID-19 on workloads and mental health of nurses and midwives In February, the Association released a report with the Rosemary Bryant AO Research Centre. It examined the lasting impact of COVID-19 and its influence on the workloads, mental health and general wellbeing of nurses and midwives across NSW. The study found 15 in every 100 nurses and midwives who responded had suffered symptoms of post-traumatic stress at clinical levels. Overwork, exhaustion and burnout were identified as some of the key contributors. It also found more than half of those who answered questions relating to career intention indicated they planned to leave their current roles within the next five years. Alarmingly, 37% planned to exit within 12 months. More than one in five respondents said they wanted to leave the health profession entirely. In response, the Association identified prevention and early intervention measures that have been put forward as a means to help stem injuries to nurses and midwives. The growing level of psychological harm being felt across the workforce is at such an alarming level that immediate action must be taken. The Association has also called for an overhaul of the Employee Assistance Program (EAP) to better support workers who face traumatic incidents. Where the former government failed, the current government has an opportunity to act on these findings and institute systemic reform to protect our nurses and midwives across the state.
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major campaign
aged care Following a sustained reform campaign waged the Australian Nursing and Midwifery Federation (ANMF) and the Association, the new federal government committed to overhauling aged care across Australia. This included the government making a submission for a sector-wide wage increase. It followed the landmark application by the ANMF and other unions to the Fair Work Commission Aged Care Work Value Case, calling for a 25% increase in award wages. In November, the FWC handed down its decision of a 15% interim pay increase. It recognised the long undervaluation of employees in the aged care sector. As part of the Annual Wage Review, the National Minimum Wage increased minimum award rates by 5.75% on 2 June. This increase was in addition to the 15% interim increase. This amounted to a significant lift for some of our lowest-paid workers in the aged care sector, boosting some rates of pay up by 20%. The federal government subsequently allocated $11.3 billion over four years to aged care providers, with pay increases to be passed onto the workforce from 1 July 2023. This increase will benefit some 250,000 aged care workers, including registered
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nurses, enrolled nurses, assistants in nursing and personal care workers. Following interventions from the Association and ANMF, the government ensured the 15% increase included nurses being paid above the award on enterprise agreements and contracts. This pay increase came about as a result of the persistent campaigning and lobbying of unions and their members.
Holding employers to account The Association formed a coalition with the Queensland Nurses and Midwives’ Union (QNMU) and United Workers Union (UWU). Together, we have helped maintain accountability across the sector and continue to work closely on developments in aged care. In April, organisers visited more than 50 sites of five major employers across the state, recruiting hundreds of new members. This blitz of workplaces uncovered local issues and promoted sign-ups for ongoing campaign updates. With the wage increase secured, attention shifted to holding employers to account. Letters were sent to employers, reiterating their duty to ensure hardworking employees received the full pay increase provided to them by the federal government.
The Association held a webinar in midMay to inform aged care members of the implications of the wage rise and answer questions surrounding accountability measures. Our concerns about transparency were made very clear, and in June, the federal government provided clear instructions to employers of their legal obligations to comply with the new minimum award rates. Workers have reported seeing their wages increase from 1 July, but the Association continues to monitor the delivery of this wage increase and will continue holding employers to account who fail to do the right thing.
Care minutes to deliver more staff on the floor, boost security and dignity in aged care Last October the federal parliament passed new aged care laws to increase the amount of direct-care that residents receive: 200 minutes including 40 from RNs – from 1 October 2023, and 215 minutes – including 44 from RNs – from 1 October 2024. This measure, alongside the commitment to have an RN onsite 24/7 from 1 July 2023, amounts to a $2.5 billion investment in aged care reform over four years. The Association is working with other unions to ensure the government commits to monitoring and enforcing care minutes.
Labour Agreement to tackle worker shortfall With awareness of the labour shortages across health, and the need for providers to achieve compliance with care minutes legislation, the ANMF, United Workers Union and others worked with government and providers to establish a unique Labour Agreement, which was announced in May. This ensures that the workforce needs of aged care can be met, and recognises the specific social benefits this industry brings to our society. It also takes steps towards guaranteeing that current staff are not disadvantaged, and overseas workers receive the same entitlements as those they will work alongside.
WIN Together with interstate counterparts, we secured special access rights to foreign workers who have been brought in to fill staff shortages, enabling an accelerated pathway to permanent residency. A Memorandum of Understanding introduces expanded labour market testing, meaning employers must offer local staff the maximum 76 hours of work per fortnight, before using overseas workers. It also requires local workers to identify their desire for increased hours. The changes also ensure employers offer staff predictable rostering with set hours, decent wages and good working conditions. These are big steps forward in meeting the shortfall of workers in aged care, and also ensure local workers currently deployed across the sector are given the best opportunity to develop a work schedule that suits their availability.
RN24/7 delivers parity across aged care homes Last October, the federal government passed the Implementing Care Bill, delivering on a key element of its election promise to reform aged care. This legislation ensures registered nurses are on site 24/7 from 1 July 2023. It also introduced financial accountability measures for aged care providers. Nurses and care workers campaigned for this important change because they have seen how difficult it is for older Australians, their families, and aged care staff, when residents simply cannot access appropriate medical care in their aged care home. Though staffing is a challenge across the sector, this move represents a big win for residents and workers and is an opportunity to bring all homes up to the same level of care. No longer will some residents be forced to visit overcrowded hospital emergency departments for care that they could, and should have, received in-house. Department of Health and Aged Care data shows that in July 2023, there was an RN on-site and on duty 98% of the time throughout the month. 17
Building Power Prosecuting missed nursing hours In March, the Association filed a major prosecution case against the state of NSW. The Supreme Court matter concerned allegations of widespread and repeated staffing breaches of the Public Health System Nurses’ and Midwives’ (State) Award. Data obtained from a Government Information Public Access (GIPA) application uncovered alleged systemic and ongoing noncompliance statewide, resulting in what is believed to be hundreds of thousands of missed nursing care hours. The prosecution Statement of Claim detailed 1,484 contraventions across 10 principal referral hospitals (Peer Group 1A) over recent months and years. The most significant alleged breaches, totalling 777 alleged contraventions, occurred at Gosford Hospital between 31 December 2018 and 30 October 2022. The remaining 707 alleged contraventions (from 1 July 2022 to 30 October 2022) included: • Royal Prince Alfred Hospital – 155 • Concord Repatriation Hospital – 107 • Wollongong Hospital – 106 • Westmead Hospital – 99 • Liverpool Hospital – 86 • Royal North Shore Hospital –77 • Nepean Hospital – 37 • Prince of Wales Hospital – 23 • Bankstown/Lidcombe Hospital – 17
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1,484
CONTRAVENTIONS ACROSS 10 PRINCIPAL REFERRAL HOSPITALS (Peer Group 1A)
777
OCCURRED AT GOSFORD HOSPITAL
The sheer volume of alleged missing care demonstrated the Association’s concerns around the broken nature of the Nursing Hours Per Patient Day (NHPPD) model, and vindicated our campaign for a safe and enforceable ratios system across the state. The Association filed its response to the defence in late July, and the matter continues before the Supreme Court. The case could result in significant financial penalties if the state is found to have contravened the various public health awards.
Winning the staffing fight at the branch level With the assistance of the Association, the Blue Mountains District ANZAC Memorial Hospital Branch flagged concerns over NHPPD staffing shortfalls.
WIN In January, significant improvements were secured, including: Additional 5.44FTE to allow rostering of 2:2:2 to be achieved in the Close Observation Unit (COU) Ceasing of all Level 4 COU Activity and transfer of critically unwell patients who require Intensive Care Unit (ICU) services to another facility effective immediately. Children’s ward and special care nursery: Additional 1.8 FTE to allow a pattern of 2:2:2 to be achieved
Networking for success in public health The Public Health Organising (PHO) team has established 13 dynamic networks, comprising a total of 250 active members. These networks include: • ED Statewide network (16 members), • Statewide ICU network (22 members), • Midwifery NSW Leaders (16 members), • Mental Health Specialty Network (57 members), • Rural, Regional & Remote network (12 members).
WIN Each network thrives on collaboration between teams, sharing knowledge and collective action to improve outcomes for members. This new approach has significantly helped in the fight to achieve ratios.
East Wing: Beds have been capped at a level that matches the available staff to ensure compliance with the Award. Emergency Department: Additional 5.44FTE to allow a pattern of 4:5:3 to be achieved in the ED.
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Reversing poor decisions by management
Historic Industrial Action from two Private Hospitals
At Hornsby Ku-ring-gai Hospital, changes that were introduced by management without consultation, including allocating an RN shift a week with a patient load to Clinical Nurse Consultants (CNCs) and having one Assistant in Nursing (AiN) working with an RN to care for an ICU patient, were met with branch members walking out.
• In late 2022, St Vincent’s Private Hospital and The Mater Hospital began a campaign for better pay and conditions. It centred around a fair pay rise – one that considered the challenges of inflation, and the implementation of ratios – bringing these private hospitals in line with what was being fought for in public facilities. • Following a period of frustrated negotiations and a lack of compromise from hospital management, nurses and midwives began historic industrial action. • Just days before Christmas, hundreds of nurses and midwives walked off the job for one-hour. It set off a tactical campaign of protests to secure fairer conditions for workers.
WIN Upon hearing member concerns, the hospital volunteered to reverse the CNC rosters, while AiNs would not be introduced in ICU. Management also agreed to look into the frequent lack of an access nurse in ICU, and to consult with the Association for any future changes to nursing.
Securing financial recognition For years, members at Westmead Hospital have been advocating for the weekend in-charge allowance. Management refused to budge on the issue, claiming nurses working on the weekends work in isolation. However, the argument was made that the list of duties undertaken by the members still amounted to overseeing a ward. These responsibilities included liaising with the bed manager, admitting and discharging patients, and holding responsibility for the coordination of patient care.
WIN The weekend in-charge allowance is being paid to impacted workers as of March. A backpay claim is also underway.
20 2022 – 2023 Annual Report
1 Feb 2023 – Hundreds of nurses and midwives from the Mater Hospital walk off the job for the second time in three months, protesting delayed bargaining with the hospital operator. Strike action lasts four hours. Members also ban requests for overtime for 12 hours from midday and refuse domestic duties.
timeline JULY 2022 SEPT 2022
Staff at St Vincent’s Health Australia (SVHA) begin negotiations on a new Enterprise Agreement. Log of Claims is presented to SVHA. Core to this is mandated shift by shift nurse/midwife to patient ratios and skill mix for each ward and unit, as well as a wage increase that accounts for the rising cost of living and effects of inflation.
OCT 2022
Negotiations are delayed several times by SVHA. Members consider preparing their workplaces for industrial action.
NOV 2022
Across 10 days, 900 members from both St Vincent’s Private and The Mater sign pledges to take protected action and encourage their colleagues to join them.
DEC 2022
JAN 2023 FEB 2023
2 Feb 2023 – St Vincent’s Private Hospital staff walk off the job, protesting the ongoing bargaining process. Members also ban overtime requests for 24 hours and refuse domestic duties.
66% of members from both sites voted to take Protected Industrial Action. 22 Dec 2022 – Hundreds of nurses and midwives from St Vincent’s Private Hospital and the Mater Hospital walk off the job for one-hour. Workers also put bans on overtime and domestic duties. The pre-Christmas strike is believed to be the first by nurses at any NSW private hospital since 2011.
Following an unsatisfactory meeting with their employer SVHA, Association branches at both hospitals vote to strike again in February. Member leaders secure signatures of more than 500 workers across both workplaces. These form part of an open letter to the SVHA Board. The members’ demands remain clear: a push for ratios and fair pay.
23 Feb - 28 Feb 2023 – Members at The Mater hold four lunchtime stop work rallies.
MAR 2023
27 Feb – 3 Mar 2023 - Members at St Vincent’s Private hold five lunchtime stop work rallies 28 Mar 2023 - Members at The Mater hold a one-hour stop-work at Mater Gardens. St Vincent’s Private members hold a four-hour morning stop-work at Green Park. Both groups also implement overtime bans.
21
APRIL 2023
MAY 2023
Mar/Apr 2023 – Member leaders meet with Independent State Member for Sydney, Alex Greenwich, and Independent Federal Member for North Sydney, Kylea Tink. Both MPs publicly throw their support behind the campaign.
JULY 2023
3 May 2023 – Alex Greenwich, Member for Sydney, writes to SVHA Chair Paul McClintock, calling on SVHA to ensure St Vincent’s Private Hospital nurses receive the same staffing benefits in line for public health nurses. 12 May 2023 – Coinciding with International Nurses Day, nurses and midwives from St Vincent’s Private Hospital and The Mater Hospital joined forces and stopped workto rally together for the very first time. This marks the fifth instance of industrial action. 31 May 2023 – EBA access period opens and runs for seven days.
JUNE 2023
5 Jul 2023 – An in principle agreement with SVHA is considered following continued negotiations. Branch meetings are held at both sites to update members.
Early Jun 2023 – A ‘Vote No’ email, social media (Instagram, Facebook) and WhatsApp campaign is rolled out ahead of the EBA vote, featuring member photos and lengthy testimonials from across St Vincent’s Private and The Mater. The member-targeted communications share real stories on why SVHA’s latest offer isn’t enough. 8 Jun 2023 – Voting period opens on SVHA’s unfair EBA offer. 14 Jun 2023 – Voting period closes.
15 Jun 2023 - Members emphatically knock back SVHA’s latest ‘disrespectful and disappointing’ Enterprise Agreement proposal, including 3.75% 2023, 3.25% 2024, and 3.25% 2025, pay offer. June 2023 - Members at both workplaces vote in a Protected Industrial Action ballot for further actions, including the right to speak to, and engage in, media activities. Again, more than 60% of members took part in the vote, and more than 90% of those who voted endorsed taking further action.
IN PRINCIPLE CONSIDERATIONS* Ratios across medical/surgical/general wards at St Vincent’s Private Hospital and The Mater Hospital from 1 July, 2024, specialty areas to be modelled and finalised separately ACORN Standards endorsed with agreement on a minimum of three nurses in each theatre Wage increases: 2023 – 4% + 0.5% Superannuation; 2024 – 4% + 0.5% Superannuation; 2025 – 3% + 0.5% Superannuation $1,000 sign-on bonus for all full-time employees covered by the agreement and eligible, pro-rata for part-time and casual employees based on hours worked from 1 January 2023 Continuing Professional Development Allowance commencing 1 July 2025 *Correct at time of printing
22 2022 – 2023 Annual Report
Disciplined campaign secures ratios at Sydney Adventist Hospital Following a year of member campaigning and negotiations with Adventist Health Care (AHC), nurses and midwives at Sydney Adventist Hospital voted overwhelmingly in support of a new enterprise agreement last October. The proposal included minimum nurse/ midwife-to-patient ratios for all wards, maternity, perioperative units and the ED, with 96%of members voting in favour of the agreement. AHC’s offer included pay increases of 9.25% over three years, with the first increase of 3% backdated to 1 July, 2022. The campaign also secured improvements to parental leave, continuing education allowance, job security for casuals, and family and domestic violence leave. The result is noteworthy for providing superior minimum ratios to those found at other private operators and in the public sector.
ACTION • Branch officials at the hospital mobilised members and drove an effective recruitment campaign, signing up 118 new members throughout this process. • The fight started with more than 400 nurses completing a survey. The results showed the number one priority was better staffing, followed by a pay increase.
• A major turning point was reached in April of 2022, when the Association presented management with a petition calling for ratios. The document was signed by approximately 750 nurses and midwives. • These signatures were secured through the hard work of about 20 members who volunteered their services to act as Association ward stewards. • Branch officials and union officers subsequently used the network of stewards to communicate with members and gather valuable feedback.
WIN Transparent and accountable ratios implementation across the hospital Pay increases of 9.25% over three years, with the first increase of 3% backdated to 1 July 2022 Benefits will flow to some 1,250 nurses and midwives at the hospital Steward presence in almost every ward and area 118 new members signed up throughout the campaign
23
Fighting unfair pay and conditions, employer misinformation Last December, more than 650 staff signed a petition calling on Allity/Bolton Clarke to bargain for a new agreement that includes fair pay, nurse-to-resident ratios and better working conditions. After a period of difficult negotiations, management took a proposed agreement to vote in June. This contentious proposal would cut the pay of AiNs, by removing a buffer that keeps AiN pay rates above the Award minimums. Members would also receive no pay rise for 2024, and back pay would be withheld from January 2022 and January 2023 unless the proposal succeeded. In response, the Association recommended a no vote and lodged a Good Faith Bargaining Application in the Fair Work Commission after members reported concerns that misinformation about pay and conditions had been circulated.
RESULT By coming together, members have taken significant steps in their fight, including: More than 100 new member joins Two new branches formed Allity/Bolton Clarke brought a halt to its June vote The employer has agreed to bargain on a new agreement A commitment members will receive backpay without having to vote on a new agreement The ‘buffer’ keeping AiN pay rates above the Award minimum and the Work Value Case/minimum wage increases are secure Negotiations will continue in September on a new agreement covering all Bolton Clarke facilities statewide Bolton Clarke has engaged a third party to undertake a review of Allity rates and committed to rectifying any underpayments uncovered
24 2022 – 2023 Annual Report
Collective dispute returns additional days off to more than 100 employees
asked recent starters whether they had been offered a contract with ADOs. None had.
Under the previous enterprise agreements (EA) covering St Vincent’s Private Hospital Darlinghurst, Mater North Sydney and St Vincent’s Griffith, full time nurses have long been entitled to work a monthly roster of 19 x 8-hour days plus one accrued day off (ADO).
Branch officials identified members who had been put on 7.6-hour contracts, told them they were entitled to a monthly ADO, showed them the relevant EBA clause and asked them if they wanted an ADO. All said yes.
The EA also says that by mutual agreement, nurses may opt to work 20 x 7.6-hour days in a 28-day calendar roster with no ADO.
The branch got them all to sign a form requesting an ADO roster starting on a common date and lodged the forms with management.
However, from 2018, nurses were told the 20 days of 7.6-hour shifts was the only contract on offer.
Meanwhile, the Association prepared to lodge a dispute with the Fair Work Commission.
Similarly, staff who were changing positions and required new contracts (permanent or temporary) were told 7.6-hour shifts were the only option available. In this way, the right to an ADO was denied to all RNs who signed employment contracts from 2018 through to 2022. Members raised the issue during branch discussions over a new EA last year. To determine the extent of the problem, Association member leaders at the hospital
WIN Management finally agreed to reinstate ADOs for all RNs who met the criteria and applied for ADOs Management must now, as a default, offer all new full-time starters with a roster with an ADO every 28 days. Failure to do this is a breach of the enterprise agreement provisions In total, more than 100 nurses across the three sites have got their ADOs back
Distance no issue for Lifeblood fight Across NSW, workers at 24 Australian Red Cross Lifeblood donor centres collect blood, plasma and platelet donations. Though the state spans more than 80,000 kilometres, members harnessed the power of technology to formally develop a statewide network and branch in March. Undertaking regular Zoom meetings to coordinate their campaign for improvements, members have: • Formed a branch executive team, with three branch delegates – one from the metro region, a branch president from a Lismore donor centre, and a vicepresident from Wollongong. • Instituted three alternate delegates and 14 branch stewards
• Canvassed the interests and concerns of members through a member survey • Identified minimum staffing requirements as a core priority • Shared stories and experiences around other challenges staff are facing, including uncertainty around part-time hours and individual availability to work elsewhere • Continued to grow the membership each week through practical engagement with colleagues
25
Industrial 85
NEW CONTACT/RESPONSES EACH DAY
Responded to an average of 85 new contacts each day from individual members looking for advice and support.
2.1K
ISSUES RESOLVED
Providing the necessary information, guidance, or active support and representation to resolve issues for members and workplaces
1.5K
MEMBERS SUPPORTED
460
ADVICE + INPUT TO WORKPLACE CHANGES
700
MEMBERS ASSISTED WITH PAYROLL QUERIES
800
WORKERS’ COMP ISSUES
Provided expert advice and input to some 460 restructures or workplace changes initiated by employers across public and private health, aged care, and disability services. This includes closures, transmission of business, significant change in services/hours and rosters.
Assisted nearly 700 individual members with separate and individual payroll queries, most involving under or overpayments of salaries and allowances, non-payment of hours worked and issues with incremental progression.
Supported 1,500 members during workplace fact finding/disciplinary processes.
400
EMPLOYMENT TERMINATION ISSUES
Provided advice or assistance to 400 members with actual or threatened termination of their employment.
Assisted 800 members with workers compensation issues, including help to obtain return to work/suitable duties.
312
MEMBER REFERRALS
Provided 312 members with referrals for specialist assistance from NEW Law for various workplace matters, including representation with declined workers compensation claims (this excludes assistance provided to members at Coroner’s Court/inquests).
26 2022 – 2023 Annual Report
top issues what members asked about
1
ALL LEAVE TYPES
33%
(12%)
PARENTAL LEAVE (including maternity, adoption, partner leave etc)
Top five types of leave queries requiring our assistance:
18%
LONG SERVICE LEAVE
16%
14%
ANNUAL LEAVE
SICK / PERSONAL LEAVE
14% OTHER
5%
FACs LEAVE
2
FACT FINDING / DISCIPLINARY INVESTIGATIONS INITIATED BY THE EMPLOYER, along with workplace complaints and grievances by members (8%)
COVID-19 fell from second place (19%) in the previous reporting year to just 2.5% in the last 12 months.
3 CHANGES TO THE WORKPLACE AND ITS SERVICES (6%)
PAY AND PAYSLIPS (6%)
QUESTIONS REGARDING MEMBERSHIP (6%)
MEMBER BENEFIT QUERIES (6%)
27
how our member rights centre (mrc) is supporting members The Association is committed to ensuring member’s hard-earned money goes exactly where it is meant to be – in the pockets of workers.
Single call inspires system-wide change for parental leave After a member contacted the Association, we reviewed the payment they received for the two weeks’ bonus parental leave. Our investigation uncovered this had been paid on contracted hours only. For part time employees, parental leave should be paid at the average hours worked over the preceding 40 weeks.
Securing backpay for those on-call during meal breaks Nurses on night shifts working in the Maruma-li Inpatient Detox Unit at Wyong Hospital were never able to leave the unit to properly take their unpaid meal breaks. Though the hospital eventually acknowledged this Award non-compliance, and started paying the on-call allowance, it still left any claims from pre-August 2021 unaddressed.
The Association then discovered this was the ‘standard’ approach adopted by HealthShare.
WIN After representations were made to the Ministry, the member received their backpay and a broader review was undertaken to identify any further underpayments across the NSW Health Service for those in similar circumstances. This is a great example of a single call from a lone member inspiring system-wide change.
WIN Despite issues with validating historical claims for backpay, Wyong Hospital conceded on the issue and undertook a process to provide backpay of the on-call allowance to all affected staff members. The hospital also agreed to discuss with staff any changes to rostering that would enable them to take their breaks without issue into the future.
The Association began supporting members in their fight to have this rectified.
Rectifying non-payment of entitlements on resignation Several members contacted the Association claiming non-payment of a range of entitlements after resigning employment with a private ‘provider’.
28 2022 – 2023 Annual Report
WIN In response, the Association took the matter to court, resulting in more than $100,000 of outstanding entitlements being paid to affected members. This amount included unpaid wages, annual leave and loading, as well as superannuation.
Overtime at the proper hourly rate Several members who work in Wollongong Hospital’s Emergency Department contacted the Association amid concerns over pay rates. When senior nursing staff at the level of Clinical Nurse Specialist (CNS) and above were rostered to work overtime shifts, they were paid at the RN Yr 8 rate, and not their substantive rate.
When this was raised with the hospital, it was claimed the facility was backfilling nurse shifts, and management argued that was how workers should be paid.
WIN The Association quickly intervened, and management conceded that such nurses must be paid overtime calculated on their substantive rate into the future. In further good news, backpay that stretched back several years, was also made available to the affected workers.
Expanding the reach of the COVID-19 one-off payment When the previous NSW Government unilaterally announced its one-off payment of $3,000 for public health workers, it did not receive a warm response. Not only was the employer superannuation contribution to be deducted first, but a swathe of workers were to be excluded based on the original announcement and plans for the payment. Understandably, members who were working in the private health, aged care and disability sectors, were rightly furious that they were excluded. This prompted hundreds of members to contact the Association.
WIN In response, the NSWNMA was able to bring about the inclusion of a range of additional workers. This included: • casuals and temporary contract employees – if they met the employment date criteria • workers on unpaid parental leave • workers on compensation payments • any workers whose contract of employment may have changed from 1 April to 1 July 2022, for example, those transitioning from casual to permanent, or part time to full time. Though not nearly as comprehensive as we would have liked, this was a significant improvement on the former government’s original offering.
Proposed roster changes lead to a member win Following a review, Liverpool Hospital pushed ahead with a plan to restructure its rosters in the Neonatal Intensive Care Unit. This involved moving all Clinical Nurse Educators (CNEs) off a 12-hour roster pattern, shifting them to a replacement 8-hour roster. In response, those working 12-hour shifts objected to management’s changes, and those working 8-hour shifts expressed a desire to move onto a 12-hour roster.
WIN Members met with the Association, and together a plan was developed to contest the changes. A proposal was developed by members that would allow each CNE to work a 12-hour shift pattern while still meeting educational goals that the Hospital had set for the group. The Hospital considered the plan put forward by members and elected to scrap their original changes. Instead, management opted to maintain the 12-hour roster pattern for the CNEs working these shifts and extend this practice to allow all of the CNEs in the Unit to work 12-hour shifts. This is a great win and a strong example of members and the Association working together.
29
Work Health and Safety (WHS) key issues dealt with
600
WHS ISSUES
112
VIOLENCE
249
BULLYING AND HARASSMENT
Making workplace safer Participated in the development of International Labour Organization (ILO) guidance on Management of Biological hazards in the workplace Campaigned for a new WHS regulation on psychosocial hazards (implemented October 2022) – this places a positive duty on employers to manage psychosocial hazards such as work overload, fatigue, bullying, and violence. Campaigned for a review of SafeWork NSW’s effectiveness to ensure our safety regulator is properly supporting nurses and midwives – review is currently underway – we have written a detailed submission and appeared before the independent reviewer. Participated in the development of SafeWork NSW’s healthcare and social assistance sector plan; mentally healthy workplaces strategy and sexual harassment strategy. Involvement at a national level with SafeWork Australia participating in the development of new WHS legislation, codes of practice and guidance materials
30 2022 – 2023 Annual Report
48
INFECTION CONTROL
40
PHYSICAL WORK ENVIRONMENT
Supporting and protecting victims of sexual harassment and assault The WHS team has supported many individual members with sexual harassment issues. The team has also worked at a national level to strengthen WHS laws around sexual harassment, in addition to continuing efforts with SafeWork NSW to develop a sexual harassment strategy. In one particular matter, a new graduate nurse was subjected to sexual harassment in the workplace at the hands of a coworker. When the member reported the behaviour to her employer, she was not appropriately supported.
WIN As a result of interventions from the Association and SafeWork NSW, the member is no longer required to work with the perpetrator, and the following actions have been undertaken by the Local Health District to improve safety in the workplace: • Training for all staff regarding awareness of sexual harassment and reporting requirements (about 13,500 staff have since undergone training initiatives) • Specialist training for staff who may receive sexual harassment complaints
• A new guide and resources were developed to ensure sexual harassment complaints are appropriately dealt with. There is now a step-by-step guide for managers and staff to follow to ensure any potential victims are supported and psychosocial risks are minimised • A service provider has been engaged by the LHD who will provide ongoing specialist counselling and support for staff who may have been subjected to sexual harassment • A new guide has also been developed to support staff through the Apprehended Personal Violence Order (AVPO) process
Ensuring member safety when duress devices fall short
Support for Health and Safety Representatives (HSRs) The Association has increased the support available for HSRs including: • Resources on the NSWNMA website • An HSR WhatsApp group • Bimonthly HSR online forums • HSR training is also available through the Association
Workplace Health and Safety education Following our Organising Safe and Healthy Workplaces webinar series last October (which saw 578 participants registered), and based on enthusiastic member feedback, we have been running bimonthly WHS webinars including:
Throughout the past year, there has been an increase in faulty duress devices in LHDs around the state. This leaves nurses unable to call for assistance in the event of an emergency.
Role Overload – February, 2023 – 138 registered
In one such incident, a nurse working at Grafton Emergency Department was assaulted by a patient who bit her on the neck, before barricading her into a room.
Bullying and Harassment – June, 2023 – 167 registered
Incident Reporting and Escalation – April, 2023 – 326 registered
Video on demand recordings of each session are available on Member Central.
WIN With support from the WHS team and the organiser, an urgent branch meeting was held that day. The Branch moved a resolution to cease unsafe work from 9.30pm that evening, unless they were provided with a security officer that was stationed in the emergency department until duress devices were fully functional once again.
31
Legal and Professional issues handled by the legal team
208
COMPLAINT / NOTIFICATION
126
CORONIAL INQUEST
19
CIVIL
32 2022 – 2023 Annual Report
33
CRIMINAL
69
OTHER
75
REGISTRATION (LEGAL)
professional issues summary 10
CAREERS
76
CLINICAL PRACTICE
108
EDUCATION
32
iLEARN
NEW GRADUATES
14
OTHER
17
PROFESSIONAL OBLIGATIONS
119
REGISTRATION (PROFESSIONAL)
STUDENTS
155 29
33
Education 717
MEMBERS ATTENDED FACE-TO-FACE PROFESSIONAL EDUCATION
7K+
48.7K+
MEMBERS UTILISING ONLINE iLEARN PLATFORM
HOURS OF CPD COMPLETED
Supporting members through learning
iLearn – online education platform
The Association delivers education both online and face-to-face.
• Over 7000 members currently use the iLearn platform • Over 48,700 hours of CPD completed since it was launched at Annual Conference 2022.
The focus of 2023 has been the reintroduction of our face-to-face seminar days and educational offerings, featuring external presenters. These have been met with strong attendance. Face-to-face educational offerings have been provided at: • Newcastle • Wollongong • Waterloo • Penrith • Dee Why • Blacktown • Gymea • Central Coast • Port Macquarie • Tamworth Preparing early-career nurses and midwives remains a high priority for the Association. The support provided can help strengthen their knowledge of their profession, their workplace rights, and their professional obligations. To gain a greater reach, the Association has visited universities, provided online and face-to-face education and taught on orientation days.
34 2022 – 2023 Annual Report
The introduction to iLearn has significantly improved the variety of education available to members. The platform has over 240 modules and an integrated CPD-portfolio. iLearn has proven to be popular and allows members to confidently meet their CPD (Continuing Professional Development) obligations.
Seminar Days The Association has provided a range of seminar days in areas of specialty interest:
Midwifery
38
ATTENDED
39
Aged Care ATTENDED Rural, Regional and Remote Nursing and Midwifery in partnership with Charles Sturt University
109
ATTENDED
Student to New Grad This session, run as a hybrid model, is aimed at assisting students as they transition into their workplaces, by: • providing them with guidance around the Award • sharing information on professional practice and how the Association can assist them.
30
FACE-TO-FACE
Webinars The Association presents a wide range of webinars throughout the year to assist members professionally. REGISTRATION NUMBERS:
151
ONLINE
Education Support with Registration Conditions or Performance Assessment SUPPORTED 49 MEMBERS THROUGH THE PROCESS The Association advocates for and supports members who must undertake a performance assessment as directed by the Nursing and Midwifery Council or have educational conditions placed on their registration. Assistance for these members includes: • educational planning • face-to-face sessions • preparation for performance assessment and • assistance with summative assessments. Several members successfully completed the performance assessment and had conditions removed from their registration.
Professional Practice The Deteriorating Patient Aged Care Flying Start Wellbeing and Stress Management Aseptic Non-Touch Technique Documentation and Communication Kickstart Series Social Media Use Registration Renewal
Associate Student Membership
1,499 STUDENTS RECRUITED • Member Development Officers (MDOs), along with Professional Officers, attended university orientation days and employment expos to promote student membership. • The MDOs, with assistance from Professional Officers, are exploring building
1202 957 815 809 400 298 291 256 229 197
relationships with student placement facilitators to promote recruitment. • MDOs continue to explore opportunities to visit universities on campus post COVID-19, expand the Student Representative Program and engage relevant student associations. • Total student membership as at 30 June, 2023 sits at 5,788.
35
Advocacy and social campaigns NSW Aged Care Roundtable The Roundtable meets monthly to collectively lobby for improvements to aged care, including safe staffing. 11 meetings with other key stakeholders 12 participants representing 11 key stakeholders, average attendance per meeting 3 invited guests/organisational reps attended: • Ministry of Health NSW and Department of Health and Aged Care • Commissioner Fitzsimmons – Former Head of Resilience NSW • Lead – Voluntary Assisted Dying in the Office of the Chief Health Officer.
36 2022 – 2023 Annual Report
Topics covered: • Ongoing response to COVID-19 in aged care • Emergency response to flooding in NSW • Voluntary Assisted Dying Bill Collective advocacy actions: • Co-signed letter to federal and state Health and Aged Care Ministers raising concerns about the potential privatisation of Aged Care Assessment Teams. • Review of ‘10 Questions to Ask’ leaflet series to align to aged care reforms. • Translation of series of ‘10 Questions to Ask’ leaflets into 17 community languages and most used First Nations languages using federal government funding. • Stakeholders attended NSW Parliament House in support of the Shooters, Fishers and Farmers Party NSW RN 24/7 Bill. • Media release following closure of Wesley Mission aged care facilities in NSW, countering the rationale that staffing was to blame.
Aged Care Reforms 12 Inquires and consultations responded to including by contribution to ANMF responses: • Aged Care Amendment (Implementing Care Reform) Bill 2022 • IHACPA consultation: Towards an aged care pricing framework • Australian Government consultation on aged care data • Department of Health and Aged Care: A new model for regulating aged care • Australian Government: Code of Conduct for Care Workers • Australian Government: Revised Quality Standards review • Australian Government: Independent Capability Review of the Aged Care Quality and Safety Commission
• Australian Government: Aged Care Legislation Amendment (Registered Nurses) Principles 2023 exposure draft Reporting requirements for providers and Registered Nurse 24/7 exemptions • Australian Government Department of Finance: Targeted consultation for the Independent review of regulatory settings • Australian National Audit Office: Design and early implementation of residential aged care reforms • Australian Government: A new model for regulating aged care • Response to the Inquiry into the provisions of the Inspector-General of Aged Care Bill 2023 and the InspectorGeneral of Aged Care (Consequential and Transitional Provisions) Bill 2023
QACAG The Quality Aged Care Action Group Inc. (QACAG) is a grassroots community activist group supported by the Association. The group advocates for quality aged care, including safe staffing. Membership includes many current, and former nurses who are current or retired Association members. 8 Inquires and consultations responded to: • Department of Health and Aged Care Carer Leave Survey • Department of Health and Aged Care: A new model for regulating aged care • Australian Government: Revised Quality Standards review • Australian Government: Independent Capability Review of the Aged Care Quality and Safety Commission • Australian Government: Aged Care Legislation Amendment (Registered Nurses) Principles 2023 exposure draft Reporting requirements for providers and Registered Nurse 24/7 exemptions
• Australian National Audit Office: Design and early implementation of residential aged care reforms • Australian Government: A new model for regulating aged care • Response to the Inquiry into the provisions of the Inspector-General of Aged Care Bill 2023 and the InspectorGeneral of Aged Care (Consequential and Transitional Provisions) Bill 2023
37
professional reference groups Professional Reference Groups are open to all members of the Association and provide opportunity for members to influence policy, position statements and advocacy undertaken.
13
CaLD Reference Group 6 meetings + 2 extraordinary meetings 116 current members 18 members attended Annual Conference 2022 to network and observe proceedings 23 members have expressed an interest in taking a more active role in their workplace as a link person for Association member colleagues from CaLD backgrounds. Members supported the following activities: • New flyer aimed at student nurses and midwives from CaLD backgrounds encouraging them to join the Association and CaLD group • New flyer to dispel myths about the union movement for visa-holders and encouraging them to join
38 2022 – 2023 Annual Report
GROUPS CURRENTLY ACTIVE
• Five members participated in Webinars for Harmony Week • One member spoke on the Podcast ‘Shift with Shaye’ podcast • Four members recorded a podcast with Nurse and Midwife Support on anti-racism and why it’s important to join a union • Nine members developed and were photographed for anti-racism posters
Midwifery Reference Group 11 members attended the inaugural session focusing on retention issues, scope of practice, students, and universities. The group is now focused on the Inquiry into birth trauma by Hon Emma Hurst MLC.
Child and Family Health Reference Group Recently formed, with the first meeting being held in August, 2023.
Aged Care Professional Reference Group (ACPRG) The ACPRG has continued to meet bimonthly to bring the voice of aged care workers to the table around broad issues in the sector. The group recently celebrated their tireless advocacy for over a decade that is now seeing the federal Labor government introducing and implementing mandated care minutes in aged care, a 15% increase to wages, registered nurses mandated in aged care 24 hours a day and greater consultation with the aged care workforce in reviewing the aged care act. The ACPRG recognise that aged care workers will continue to need to monitor and collectively fight for further improvements that will lift care minutes to research evidence-based levels of 258 minutes per resident per day and ensure enrolled nurses are protected within aged care minutes.
Nurse Practitioner Reference Group Ten Nurse Practitioners attended and the inaugural meeting on 21 June, 2023 and agreed on the Terms of Reference. The introductions and overview outlined the vast and different experiences of group members, as well as initial discussions around how we can better assist Nurse Practitioners and reflect their priorities. We agreed to meet every three months to progress their varied agendas.
Climate Change Activist Reference Group (CCARG) The CCARG consists of 35 members and has held five regular meetings, including one extraordinary meeting, over the past year. The CCARG and has become increasingly active and has been working on activities that support the Gomeroi people in their fight to protect the Pilliga Forest from Santos’ coal seam gas operations. The CCARG has also reviewed and updated the Association’s Position Statement on Climate Change, and members have represented the Association at various environmental rallies.
39
building relationships NSW Maternity Services Alliance These relationships have been further strengthened though the NSW Maternity Services Alliance (NSW MSA) and on research projects partnering with leading midwifery researchers and the Ministry of Health. Country Women’s Association NSW, partners in the NSW MSA hold an awareness week on different topics each year. This year the focus was on rural and remote maternity services and the Association was asked to participate. NSW MSA has developed a consumer facing postcard on the role and benefits of midwifery led continuity of care. Various LHDs, consumer and advocacy groups, ACM and NaMO are considering how to promote widely. The group are seeking support from the NSW Minister for Health and Women to promote through their departments.
Council of Deans of Nursing and Midwifery (CODNM)
Backing the Gomeroi in their battle with Santos In November 2022, the Association’s Committee of Delegates pledged ongoing support to the Gomeroi people in their fight against the Santos Narrabri Gas Project. This project plans to mine for gas in the Pilliga region and is not supported by Gomeroi Traditional Owners. Traditional Owners have made it clear that this project will have devastating impacts on the precious environmental and cultural values of the Pilliga region. Engagement in this campaign has included: Regular participation in the Unions NSW Pilliga Campaign Committee Fifteen Association members joined a large gathering of unionists, farmers and other locals in Coonabarabran and Narrabri, to show support for the Gomeroi people
The NSWNMA has been invited to address the annual general meeting of CODNM to explore areas where we might work together to meet the challenges facing the professions
Gomeroi leader Suellyn Tighe speaking on activist TV
Midwifery Officer Network
Ongoing political lobbying
The Midwifery Officer Network is an advisory group within the Federal Office of the Australian Nursing and Midwifery Federation (ANMF). Its major function is to provide strategic direction and advice to the ANMF Federal Executive, members, governments, education providers, midwifery workforce planners, and other key stakeholders. Our first piece of work has been on Obstetric Violence and Birth Trauma, which is timed well for the Inquiry into birth trauma.
Promotion of community events and rallies to support the Gomeroi in their fight
40 2022 – 2023 Annual Report
Speakers sharing updates and insights at Committee of Delegates meetings
YES – Nurses and Midwives for Voice The Association continues to advocate for better health outcomes for Aboriginal and Torres Strait Islander people and is supporting the proposal to establish an Indigenous Voice that is enshrined in the Constitution.
This commitment is being shown in a number of practical ways, including through staff and member training, community engagement, and via a coordinated campaign of work with the ACTU, The Australian Trade Union Institute, and Unions NSW, as part of the broader ‘Unions for Yes’ movement.
SINCE JULY 2022, THE ASSOCIATION HAS SEEN THE FOLLOWING ACTIVITY
1
ST MEETING
Feb ‘23 – Held the first Aboriginal and Torres Strait Islander members meeting with commitment to monthly dialogue on key issues
2
KEY PROPOSALS
Presenting to Annual Conference a proposal to form a statewide Aboriginal and Torres Strait Islander NSWNMA network, and a proposal to create two dedicated Aboriginal and Torres Strait Islander positions on NSWNMA Council, one each for a nurse and a midwife
35
STAFF TRAINED UP
‘Voice, Treaty, Truth’ training session held in May, hosted by Kaurna woman and ACTU First Nations Educator and Officer, Rachel Bos
48
AMBASSADORS IDENTIFIED
48 members have registered as Yes for Voice Ambassadors (to June 30), with numbers continuing to grow
DOZENS OF STAFF AND MEMBERS’ SUPPORTS Supporters from the Association take part in community events, including local BBQs and community days across the state
22
REGISTRATIONS
Began a training program to educate and empower Ambassadors on core Voice issues, with 22 registrations received in the month of June
3
ADDITIONAL TRAINING SESSIONS
3
ALL MEMBER EDUCATIONAL WEBINARS
New Voice ambassadors and all Branch Officials offered additional online training opportunities throughout July-Sep 23
Offering membership base ‘Introduction to the Voice’ webinar sessions hosted by Rachel Bos
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affiliations South Coast Labour Council The South Coast Labour Council (SCLC) coordinates the joint activities of affiliated unions in the region which covers areas from Helensburgh to the Victorian border. Delegates from the geographical area attend the SCLC, along with the Association Organiser for Illawarra Shoalhaven Local Health District (ISLHD).
ANMF The Association and ANMF NSW Branch works with the federal office of the ANMF on key federal issues. The work allows coordination in achieving our goals. Key areas of work with the ANMF include information sharing and the coordination of campaigns, professional, industrial and legal matters working with the federal government and departments. ANMF Federal Executive meets at least quarterly and is attended by the General Secretary. Through this, ANMF NSW Branch Councillor Lorna Scott sits on the newly established National Women’s Health Advisory Council which examines the challenges women and girls experience in the health system. More information is available at nswnma.info/ women-health-council Our aged care campaign has been a key area of work as reported on page 16. This work has been led by the General Secretary, assisted by ANMF NSW Branch Officers who attend professional, legal and industrial sub-committees. The ANMF NSW Branch Assistant Secretary chairs a newly formed Midwifery Officers Network which brings together the state and territories’ midwifery professional officers. The aim of the network is to provide advice on the national promotion of midwifery issues and interests through the ANMF.
42 2022 – 2023 Annual Report
The SCLC has been a strong supporter of the Association’s public health system Ratios campaign, and the campaign by the NSW Teachers Federation, particularly in the lead up to the state and federal elections. The Association is participating in the ‘SCLC Voice’ Working Group that regularly meets to progress the Yes Campaign in the region. Most recently the Association has been supporting the SCLC campaign to prevent Port Kembla from becoming a nuclear submarine base. This being the focus of their recent May Day activities. The government’s indication that Port Kembla is being considered as a naval base hinders the region’s transition towards renewable energy, places the community at risk when a nuclear accident occurs, and makes the city of Wollongong a tactical target in any future conflict. The cost to the federal budget needed for a nuclear submarine fleet would be better spent on healthcare, aged care, free tertiary education, a living pension, and affordable housing.
Hunter Workers Hunter Workers coordinates the joint activities of affiliated unions in the Hunter region. Delegates from the geographical area attend the meetings along with staff from the Association (an Organiser, Nurse/ Midwife Advocate, and Recruitment Liaison Officer). Hunter Workers has been a strong supporter of our Ratios campaign, assisting with rallies and solidarity actions.
Key activities with Hunter Workers include the May Day rally, support for LGBTQIA+ rights through Pride Day activities, and Yes campaign training attended by members and staff.
Unions NSW Unions NSW is the peak body for affiliated unions across the state. The Association works with Unions NSW on state and federal issues. Through our affiliation with Unions NSW we: • Participated in the Essential Workers campaign in the lead up to the state election • Contribute to the campaign against the anti-protest laws introduced by the previous NSW Liberal National Government and which the new Labor Government continues to support • Participated in Union Pride activities including Pride days at Parramatta and Newcastle • Jointly lobbied the NSW Labor Government to increase the public sector wage offer for 2023 • Lobby for changes to the NSW Industrial Relations Act • Voted to protect the Pilliga Forrest and the rights of the Gomeroi against the proposed Santos Narrabri Gas Fields, enacting our campaign on this important issue • Unions for Yes Campaign
ACTU The Association works with the ACTU on key federal issues and attends key related events. Since the last Annual Conference this has included: • Working with the ACTU on Unions For Yes to win a change in the Constitution to provide a voice to parliament for Aboriginal and Torres Strait Islander people as the first step in Voice, Treaty, Truth • Winning important changes to the Fair Work Act, including; • Improved Family and Domestic Violence Leave provisions • Improved access to secure work • Equal remuneration considerations for work value matters • An employer’s positive duty to prevent sexual harassment and discrimination • Multi-employee bargaining and other bargaining streams • The introduction of Same Work, Same Pay legislation • Lobbying the government in matters related to Free Trade Agreements where they affect health, public services, trade union and other relevant matters. The Assistant General Secretary attends the ACTU National Secretaries and Executive meetings, as well as the Trade Advisory Committee meetings.
The General Secretary is on Unions NSW Executive. The Assistant General Secretary is on Unions NSW Finance and Governance Committee. Former Assistant General Secretary, Judith Kiejda is the current President of Unions NSW.
43
Public Services International (PSI) PSI is the Global Union Federation for public sector unions. Through PSI the NSWNMA is able to work on a global level on the matters that affect our members. Some of the key areas in which we have worked with PSI since the last Annual Conference are: • Lobbying the Australian Government to ratify International Labor Organization (ILO) Convention 151, enacting public sector workers’ freedom of association (the right to join a union) and the right to collective bargaining. Ratifying this convention would allow us to lodge a complaint at the ILO against the Wages Policy and current industrial laws in NSW. • Migration – changes to Australia’s working visa and seasonal worker programme (PALM) has seen a drain of essential workers from Pacific Islands. For example, Fiji has lost 800 out of 1,400 nurses to Australia and New Zealand as their registered nurses leave to work as care workers in aged care. We are lobbying the federal government to re-focus its approach to development aid, consider how we support the healthcare system or training system across the Pacific Islands, and have improved national workforce planning strategies in place. • Providing advice and support to PSI in regard to health, nursing and midwifery issues: • at the ILO (C149 Nursing Personnel Convention which is up for review), • the World Health Organisation Western Pacific Office as they look to network regulatory bodies such as Australian Health Practitioner Regulation Agency (AHPRA)
44 2022 – 2023 Annual Report
The Assistant General Secretary is currently the Titular for PSI Oceania (Australia, New Zealand and Pacific Island Nations). This is a result of the previous Titular standing down, thus enacting the sub-titular requirement to step up until the five-year term expires, which is in October of this year. At PSI Congress, a quintennial event, to be held in Geneva during October of this year, the current General Secretary and President of PSI will both step down and an election will be held. The regional positions of Titular are also elected; the Assistant General Secretary of the Association has notified PSI of his intent not to nominate for the position, which will be taken up by the New Zealand PSA.
Global Nurses United (GNU) GNU is a global network of nursing unions through which the Association shares and gains knowledge, and provides solidarity, on nursing issues.
ANNEXURE 1
new south wales nurses and midwives' association
Summary of Financial Information for the Year Ended 31 December 2022 The financial statements of the New South Wales Nurses and Midwives’ Association have been audited in accordance with the provisions of the Industrial Relations Act 1991, and the following summary is provided for members in accordance with Section 517(2) of the Act, as applied by section 282(3) of the Industrial Relations Act, 1996. A copy of the Financial Statements, including the independent Audit Report, will be supplied free of charge to members upon request. Certificates required to be given under the Act by the Accounting Officer and the Committee of Management (“Council”) have been completed in accordance with the provisions of the Act and contain no qualifications.
SUMMARY FINANCIAL STATEMENTS The summary financial statements do not contain all the disclosures required by section 510 of the Industrial Relations Act 1991 [NSW] or Australian Accounting Standards. Reading the summary financial statements and the auditor’s report thereon, therefore, is not a substitute for reading the audited financial report and the auditor’s report thereon.
SUMMARY STATEMENT OF PROFIT OR LOSS AND OTHER COMPREHENSIVE INCOME FOR THE YEAR ENDED 31 DECEMBER 2022 2022 ($) 2021 ($) Membership revenue 49,064,503 47,419,540 NursePower fund subscriptions 1,001,324 967,753 Other income 724,951 3,262,791 Total income 50,790,778 51,650,084 Less total expenditure (52,502,144) (46,794,849) Result for the year (1,711,366) 4,855,235 Remeasurement of retirement benefit obligations 44,953 29,315 Total comprehensive income attributable to members (1,666,413) 4,884,550
THE AUDITED FINANCIAL REPORT AND OUR REPORT THEREON We expressed an unmodified audit opinion on the audited financial report in our report dated 4 April 2023. Our Independent Auditor’s Report to the members on the Financial Report did not contain any particulars of any deficiency, failure or shortcoming as referred to in the Industrial Relations Act, 1991 [NSW], as applied by section 282(3) of the Industrial Relations Act, 1996.
SUMMARY BALANCE SHEET AS AT 31 DECEMBER 2022 Total equity 51,666,065 Represented by: Current assets 15,254,707 Non-current assets 43,986,834 Total assets 59,241,541 Current liabilities 7,355,155 Non-current liabilities 220,321 Total liabilities 7,575,476 Net assets 51,666,065
COUNCIL’S RESPONSIBILITY FOR THE SUMMARY FINANCIAL STATEMENTS The Council is responsible for the preparation of the summary financial statements.
Information to be provided to members or Registrar
In accordance with the requirements of the Industrial Relations Act, 1991 [NSW] the attention of members is drawn to the provisions of SubSections (1) and (2) of Section 512 which read as follows: (1) A member of an organisation, or the Industrial Registrar, may apply to the organisation for specified information prescribed by the regulations in relation to the organisation. (2) An organisation must, on the making of such an application, make the specified information available to the member or the Industrial Registrar in the manner, and within the time, prescribed by the regulations.
53,422,384 15,920,466 45,450,997 61,371,463 7,659,497 289,582 7,949,079 53,422,384
Report of the Independent Auditor on the Summary Financial Statements to the members of the New South Wales Nurses and Midwives’ Association OPINION The summary financial statements, which comprise the summary balance sheet as at 31 December 2022 and the summary statement of profit or loss and other comprehensive income for the year then ended are derived from the audited financial report of New South Wales Nurses and Midwives’ Association for the year ended 31 December 2022. In our opinion, the accompanying summary financial statements are a fair summary of the audited financial report.
AUDITOR’S RESPONSIBILITY Our responsibility is to express an opinion on whether the summary financial statements are a fair summary of the audited financial report based on our procedures, which were conducted in accordance with Auditing Standard ASA 810 Engagements to Report on Summary Financial Statements. Daley Audit
Michael Mundt Partner 4 April 2023, Wollongong Liability limited by a Scheme approved under Professional Standards Legislation A copy of the Financial Report, including the Independent Audit Report, is available to members on the Member Central portal accessed via www.nswnma.asn.au. Members can obtain a hard copy by emailing the General Secretary, NSWNMA at gensec@nswnma.asn.au or calling 1300 367 962. 45
ANNEXURE 2
New Agreements finalised by Association Name of Employer
No. of Sites
Sector
Admin. increase
Arcare Pty Ltd
6
New Agreement
Arete Pty Ltd
2
New Agreement
Garden Village Port Macquarie
1
Admin Increase
Heritage Care Pty Ltd
7
New Agreement
Illawarra Retirement Trust
27
Admin Increase
Opal Specialist Aged Care
43
Admin Increase
Port Stephens Veterans and Citizens Aged Care Ltd
2
Admin Increase
Royal Freemasons Benevolent Institution
25
RSL LifeCare Limited
34
Admin Increase
St Vincent's Health Australia
7
Admin Increase
The Salvation Army (NSW) Property Trust as Trustee for the Social Work
23
New Agreement
The Whiddon Group
24
Admin Increase
Uniting NSW.ACT
96
Admin Increase
Warrigal Care
14
New Agreement
Marathon Health
4
South Coast Medical Service Aboriginal Corporation
1
New Agreement Medical Centres & GP Services New Agreement
Coal Services Pty Limited
5
Adventist HealthCare Limited
2
New Agreement
Aurora Healthcare Pty Ltd
5
New Agreement
Day Procedures Australia (DPA)
1
Healthe Care Group Pty Ltd
12
New Agreement
St John of God Health Services
4
Admin Increase
Healius Limited
8
Royal Far West Australian Health Practitioner Regulation Agency (AHPRA)
46 2022 – 2023 Annual Report
Aged Care
Other
Private Hospitals
Admin Increase
New Agreement
New Agreement
New Agreement
2
Private Sector Specialist Services
1
Public Service
New Agreement
New Agreement
Artwork commissioned by NSWNMA Artist: Bradley Scott The NSW Nurses and Midwives’ Association acknowledges the Traditional Custodians of this land and recognise their continuing connection to the land, waters and culture. We pay our respects to their Elders past and present.
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nsw nurses and midwives’ association
ANNUAL REPORT 2022 – 2023
PHONE
8595 1234 (METRO) 1300 367 962 (NON-METRO)
gensec@nswnma.asn.au
FAX
9662 1414
@nswnma #nswnma
This Annual Report is printed on carbon neutral paper
www.nswnma.asn.au
Authorised by S.Candish, General Secretary, NSWNMA