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1. What is an enterprise agreement?
2. Why do I need to know about enterprise bargaining?3. Which enterprise bargaining agreement am I currently covered by?
4. When do the current enterprise bargaining agreements end?
5. What does ‘nominally expire' mean?
6. Have negotiations for new agreements commenced?
7. Who is participating in negotiations for the new agreements?
8. How can I find out more about the enterprise bargaining process?
1. What is an enterprise agreement?
It is an agreement about the relationship between an employer and a group of employees that is certified by the Queensland Industrial Relations Commission under the Industrial Relations Act 1999 (Qld).
Generally, an agreement is developed during an enterprise bargaining process and covers issues related primarily to employment conditions.
An enterprise agreement may also be referred to as a certified agreement or an enterprise bargaining agreement.
2. Why do I need to know about enterprise bargaining?
Enterprise bargaining outcomes generally affect salary levels and employment conditions and provide specific entitlements on a range of diverse matters.
Before an agreement is certified by the Queensland Industrial Relations Commission, all staff to be covered by the proposed agreement are invited to participate in a ballot to accept or reject the outcomes of the negotiations between Queensland Health and the relevant unions.
Understanding the issues being discussed throughout the enterprise bargaining period and keeping abreast of the status of negotiations enables staff to make informed decisions during the ballot process.
3. Which enterprise bargaining agreement am I currently covered by?
The Health Practitioners' (Queensland Health) Certified Agreement (No. 2) 2011 covers health practitioner and allied health disciplines.
The Queensland Public Health Sector Certified Agreement (No.7) 2008 covers administrative, operational and dental officers. It also covers any professional and technical staff who are not covered by the Health Practitioners (Queensland Health) Certified Agreement (No. 1) 2007.
The Queensland Health Building, Engineering and Maintenance Services Certified Agreement (No.4) 2008 covers building, engineering and maintenance staff.
Medical officers are covered by the Medical Officers' (Queensland Health) Certified Agreement (No. 2) 2009, whilst nurses and midwives are covered by the Nurses and Midwives (Queensland Health) Certified Agreement (EB7) 2009.
Visiting Medical Officers (VMOs) are covered by the Terms and Conditions of Employment, Queensland Government Visiting Medical Officers 2005. This agreement is not certified by the Queensland Industrial Relations Commission.
4. When do the current enterprise bargaining agreements end?
Enterprise bargaining agreements (certified agreements) operate until replaced by another agreement or terminated by the Queensland Industrial Relations Commission. All enterprise bargaining agreements have a 'nominal expiry' date, which signifies the time the terms of the agreements are able to be renegotiated.
The major Queensland Health agreements and their nominal expiry dates are:
|
Agreement |
Nominal Expiry Date |
| Health Practitioners' (Queensland Health) Certified Agreement (No. 2) 2011 | 31 August 2013 |
| Queensland Public Health Sector Certified Agreement (No. 7) 2008 | 31 August 2011 |
| 31 August 2011 | |
| Nurses and Midwives (Queensland Health) Certified Agreement (EB7) 2009 | 31 March 2012 |
|
Medical Officers (Queensland Health) Certified Agreement (No.2) 2009 |
31 May 2012 |
| Terms and Conditions of Employment Queensland Government Visiting Medical Officers 2005 (2005 VMO Agreement) | 28 February 2009 |
5. What does ‘nominally expire’ mean?
The nominal expiry date of a certified agreement is the date which signifies the time the terms of the agreement is able to be renegotiated. However the agreement continues to operate until it is replaced by a new agreement (or is terminated by the Queensland Industrial Relations Commission).
Under the Industrial Relations Act 1999 (Qld) the nominal expiry date can be no later than three (3) years after the date on which the agreement comes into operation (ie. the date it is certified).
6. Have negotiations for new agreements commenced?
Queensland Health's current agreements nominally expire at different times (see 4. When do the current enterprise bargaining agreements end?). Most Queensland Health agreements specify a time by which negotiations for a new agreement are to commence; usually five to six months prior to the nominal expiry date.
Negotiations for a new Visiting Medical Officers' agreement have been protracted and have been referred to the Queensland Industrial Relations Commission for arbitration.
Negotiations to replace the Queensland Public Health Sector Certified Agreement (No. 7) 2008 (EB7) and the Queensland Health Building, Engineering & Maintenance Services Certified Agreement (No. 4) 2008 (BEMS4) are underway.
Negotiations for new nurses and midwives and medical officers agreements are expected to commence late in 2011.
7. Who is participating in negotiations for the new agreements?
The parties to the agreements engage in the negotiations. In Queensland Health, the parties are Queensland Health and the relevant union or unions that have members covered by the agreements.
8. How can I find out more about the enterprise bargaining process?
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