Nurses and Midwives

Queensland Health Nurses and Midwives Award - State 2011

A new single State award for nurses and midwives

All nurses and midwives employed by Queensland Health are now covered by a single State award.

This does not include registered nurses covered by the Public Service Award – State 2003 working as public service officers, or Agency nurses.

As a result of the federal government’s amendment of the Workplace Relations Act 1996 by the Work Choices Act 2005, the wages and conditions of Queensland Health employees could no longer be regulated in the federal industrial relations jurisdiction. A new award was required under the Industrial Relations Act 1999 to replace existing nursing and midwifery awards.

It was agreed that a single award would be sought from the Queensland Industrial Relations Commission (QIRC), which would not change the conditions or entitlements of employment for our nurses and midwives.

The new award incorporates the provisions of three previous awards:

Nurses (Queensland Health) – Section 170MX Award 2003;
Nurses (Queensland Public Hospitals) Award 2004; and
Nurses (Queensland Public Health Sector) Award 2004.

The Queensland Health Nurses and Midwives Award – State 2011 was made by the Queensland Industrial Relations Commission on the 16 May 2011 and takes effect from 16 March 2011.

Will there be any alteration to any of my existing award conditions or entitlements?

No. The new award does not create a loss or diminution of any existing conditions or entitlements for employees. This was made clear in clause 3.2 of the Nurses and Midwives (Queensland Health) Certified Agreement (EB7) 2009 (Nurses and Midwives EB7 Agreement), which stated that the new award will not reduce the entitlements of nurses and midwives. This is also made clear in clause 1.9 of the award.

Will there be any alteration of any existing conditions or entitlements under the enterprise bargaining agreement?

No. The new award does not lead to a loss or diminution of any existing entitlements or conditions under the Nurses and Midwives EB7 Agreement. In some instances the Nurses and Midwives EB7 Agreement contains conditions and entitlements of employment which are more favourable than those set out in the new award. To the extent of any inconsistency, the more favourable entitlements as set out in the Nurses and Midwives EB7 Agreement are to be applied.

The changes made through the Nurses and Midwives EB7 Agreement which have been incorporated into the new award include:

The term ‘unlimited hours’ has been removed from the award (clause 6.2 - Directors of nursing and assistant directors of nursing – hours), in accordance with clause 16.1 of the Nurses and Midwives EB7 Agreement.
The award provision requiring the production of a medical certificate for sick leave absences of more than two days has been increased to sick leave absences of more than three days in the award (clause 7.2.5 - Sick leave), in accordance with clause 17 of the Nurses and Midwives EB7 Agreement.
The changes to the nursing salary spine, in accordance with Schedule 5 of the Nurses and Midwives (Queensland Health) Certified Agreement (EB6) 2006 have been incorporated into the new award.

Award Structure

Section A of the award outlines the common conditions. These common conditions apply to all nurses and midwives employed by Queensland Health.

Specific conditions and entitlements of employment based on place of work and/or position are set

out as follows:

Section B – Public Hospitals
Section C – Psychiatric Hospitals and Eventides (AINs and ENs)
Section D – Public Service – Eventides (RNs), Community Health, Offender Health
Section E – Senior Nursing Staff (Psychiatric Hospitals)
Section F – Certain Employees – Biala Alcohol and Drug Dependence Services

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