Royal Flying Doctors Service (Queensland Section) Limited T/A Royal Flying Doctor Service (Queensland Section) Limited

[2024] FWC 284

[2024] FWC 284

FAIR WORK COMMISSION

RECOMMENDATION

Fair Work Act 2009

s.240—Bargaining dispute

Royal Flying Doctors Service (Queensland Section) Limited T/A Royal Flying Doctor Service (Queensland Section) Limited

(B2023/727)

DEPUTY PRESIDENT LAKE BRISBANE, 8 FEBRUARY 2024

Dispute arising in bargaining for a new enterprise agreement to cover RFDS Nurses

1. The Royal Flying Doctors Service (Queensland Section) Limited (RFDS) lodged an application under s.240 of the Fair Work Act 2009 (Cth) (the Act) seeking assistance of the Fair Work Commission in resolving a bargaining dispute.

1. RFDS had commenced bargaining on 3 April 2023 with the Queensland Nurses & Midwives Union (QNMU).  The matter was allocated to me on 19 December 2023.

1. RFDS has issued an updated proposal to the QNMU on 1 February 2024. The updated proposal is as follows:

A three (3) year Agreement from 2024 to 2027

The Agreement will commence from 7 days after the date of approval by the FWC and will continue for a period of 3 years.

Proposed Wage increases effective:

Aeromedical  PHC

Year 1                  3%  5.4%  
Year 2                  3%  3%
Year 3                  3%  3%

Year 1 to be paid from the first full pay period after the commencement of the Agreement. Year 2 to be paid from the first full pay period after the 12-month anniversary of the year 1 payment, and Year 3 to be paid from the first full pay period after the 12-month anniversary of the year 2 payment.

One off payment

In addition to the year 1 pay increase being paid from the first full pay period after the commencement of the Agreement, a payment calculated at the Year 1 pay increase percentage of the annualised salary (base rate +25% for Flight Nurses and base rate +12% for PHC nurses), to be calculated from the day prior to the first increase back to 1 July 2023, will be paid. 

Immunisation allowance

Allowance will be grandfathered for existing Nurses at the current rate of $1000. The allowance will not be available to new employees under the new Agreement.

Higher duties arrangements  

•Current arrangements continue to apply for days when a nurse is rostered on.

•New arrangements to apply to days during the higher duties period that the nurse is not rostered to work. On such days the nurse shall be paid a minimum payment equivalent to 1 hours pay at their ordinary rate of pay. Where the employee undertakes actual work on such day in excess of a cumulative period of 1 hour, the employee can elect to be paid or accrue TIL for such additional time worked.

Compulsory training and study leave

All RFDS required Courses will now be undertaken during work shifts.

•Current RFDS Required Courses are listed in the Professional Development Guidelines for RFDS Nurses updated from time to time.

•Any RFDS Required Courses will be undertaken in paid work time, including clinical placements where the placement is relevant to the work being performed by the Nurse.

•Study leave will be 5 days for full-time Nurses, pro-rated for part-time nurse for all professional development purposes (e.g. conferences and courses not required by RFDS).

Provision for 12 hour ‘on base’ shifts for the Brisbane Base only

12 hour on base shifts to be introduced during the life of the Agreement if operationally required.  This includes the establishment of a working party and minimum of 8 weeks’ notice.

Allowances

All allowances will increase by WPI. The increase in allowances will occur at the same time as the increases in rates of pay.

Introduction of a reduction from 15 to 14 shifts for Full time Flight nurses – pro-rata for Part-time Flight Nurses

The current arrangements for an average of 15 shifts for a roster period will be reduced to 14 shifts for a roster period.  The reduction will occur 6 months after the date of the commencement of the Agreement. The first 6 months of the Agreement will be used to do the preparations necessary, including recruitment, to enable the reduction in shifts.
Part-time nurses will be consulted one on one regarding their preferences for the implementation of the new arrangements.

Expand the existing qualification pay points to also be available to recognise years of service for employees (other than casual employees)

Employees other than casuals and nurse practitioners

Currently nurses may access up to 5 pay points for the completion of approved additional qualifications.

These 5 pay points will remain, however access to them will be expanded to allow nurses (other than nurse practitioners and casual nurses) to obtain pay points for both additional qualifications and in recognition of years of service on the basis of 1 pay point for each completed 2 years, on the following basis:

•     The maximum pay points obtainable across both qualifications and service is 5.

•     The maximum pay points obtainable for qualifications is 3.

•     All existing qualification pay points will remain, for example if an employee is being paid at pay point 4 at the commencement of the Agreement, they shall remain on pay point 4 and can not gain any additional pay points for qualifications but can move to pay point 5 on the basis of recognition of service.

•     Historical service prior to the commencement of the Agreement will be recognised through an accelerated transition process which will provide for 1 pay point each year. For example, an employee with 10 years of service prior to the commencement of the Agreement and no existing pay points, would in year 1 receive 1 pay point each year until they reached 5 pay points.

Nurse Practitioners

Nurse Practitioners will have access to the pay points for recognition of service only. Nurse Practitioners cannot obtain pay points on the basis of obtaining additional qualifications.

Nurse Practitioners with historical service prior to the commencement of the Agreement will participate in the accelerated transition process.

Payment of service payments will occur from the pay period following the employee reaching 2 years of continuous service and each subsequent 2 years of continuous service. Where service is continuous from commencement of employment this will occur on the 2nd year anniversary of appointment and then every second year anniversary of appointment.

New clauses

•          RFDS Specific nursing Level statements.
•          Roster Review
•          Workload management procedure and reporting process.

1. The QNMU have consulted with their members and endorse the proposal. It is my view that the proposal by the RFDS is a good deal. In circumstances where bargaining has been protracted, the QNMU endorsement of the proposal is a sound resolution. It is recommended that the parties now focus their endeavours on drafting and finalising the changes in the proposed Agreement.

1. I congratulate the parties for resolving the bargaining dispute and their efforts during the bargaining process and wish them well in the future.

DEPUTY PRESIDENT

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