Reasonable Overtime
When the reasonable overtime clause was included in the ACT Public Sector Nursing Staff Agreement 2004 – 2007 there was a great deal of concern about the intent and implications of such a clause.

Although the proposal to include a clause was put on the table by management, the ANF took the opportunity to give more certainty to nurses who were often being required to undertake large amounts of overtime. Many of the requirements for overtime would have been deemed unreasonable; however, the individuals never knew whether they were within their rights to refuse.

History - The ACTU filed a claim with the Australian Industrial Relations Commission (AIRC) to have a maximum number of hours clause inserted into all awards. Although the claim was rejected by the AIRC a decision was handed down which gave the right for employers to request employees to undertake overtime but it also gave the employee the right to reject overtime that was unreasonable having considerations for personal, family and OH&S reasons.

Despite the expectation that overtime would be worked by nurses in various areas of ACT Health there was little understanding of what situations entitled nurses to say no. ANF was aware that in areas like theatres, for example, managers knew that the way lists were booked that the requirement to work overtime would be unavoidable; however no measures were implemented to reduce the requirement for overtime to occur. It was in this context ANF agreed to include the clause provided that it gave clear guidance to the nurses regarding their right to say no.

How can clause 66 Reasonable Overtime work for you?
If you are required to undertake overtime and you feel the requirement is an unreasonable request you should consider:

• Is the requirement to undertake overtime the exception rather than the rule?
• Has the manager demonstrated that they have taken reasonable steps to ensure that the overtime occurrence was unavoidable and for the minimal time possible?
• Have reasonable steps been taken to ensure that you are neither fatigued nor at the risk of becoming fatigued?
• Have your individual circumstances been taken into consideration?
• Do you have any pre-arranged commitments that will be affected by the working of overtime?
• Is the requirement to undertake overtime fairly distributed amongst employees?
• How much notice was given of the requirement to work overtime?

An employee has a right to refuse to work overtime if they are required to work hours which are unreasonable. When deciding if the request is unreasonable you should consider:

• Your health and safety, fatigue management and the balance of work and recreation;
• Your personal circumstances;
• Any family responsibilities, childcare and other caring arrangements;The notice (if any) given by the employer of the overtime; and
• Any other relevant matter.
• If you intend to refuse the overtime you should advise your manager as soon as practicable of your intention and provide a reason why.

Horizontal Violence in the Workplace
Bullying is a form of harassment and it should not be tolerated by anyone. It is a tactic used by persons who abuse and misuse their power in a relationship for destructive outcomes.

Bullying can come in many forms; it may be subtle over long periods of time or verbal abuse on one occasion.

Bullying in the workplace is known as “horizontal violence”.

Workcover (2003: 3) states that this type of unreasonable behaviour can take the form of the following:

• verbal abuse,
• initiation pranks,
• excluding or isolating employees,
• giving a person the majority of unpleasant and meaningless tasks,
• humiliation through sarcasm, or belittling someone’s opinions,
• constant criticism or insults,
• spreading misinformation or malicious rumours,
• setting impossible deadlines,
• deliberately changing work rosters to inconvenience certain employees,
• manipulating the impression of others to split the group into taking sides.

Nurses throughout the ages have been noted for being compassionate, caring, displaying professional qualities and advocacy for the patient. Anything different from these behaviours ‘…contradicts the ethos of nursing as a profession…’ (Hockley, 1999: 274). These foundations, unfortunately, become secondary when colleagues are unable to give that same respect to each other.

Workplace bullying is a stressor and management needs to confront it head on. All nurses need to be proactive and not allow these behaviours to occur or continue. Workplace bullying is one of major reasons for discontent and lost productivity in the workplace.

Bullying can also be encountered as “Occupational Violence”, where an employee is physically attacked or threatened in the workplace. This behaviour should not be tolerated and it must be reported immediately.
This can become a police matter as criminal laws may apply.

Your employer has a “duty of care” to provide a safe environment under the Occupational Health and Safety Act (1989). All reasonable and practicable steps must be taken to lessen the risk of “horizontal violence” and “occupational violence” in the workplace. Employees, also, have a responsibility to ensure all preventative measures are taken to decrease the risks.

Health and Safety Representative (HSR) can be contacted for information and issues can also be raised through your Occupational Health and Safety Committees. All workplaces should have a policy that highlights the risks and directs employees for information on how to access grievance procedures.

Don’t let horizontal violence and occupational violence go beyond the boundaries, the issue has to be addressed. By keeping silent, you are condoning the behaviour.

EBA Projects Update

Classification Review of Level 3, 4 and 5
The progress of the Classification Review for Level 3, 4 & 5 classification project is ready to “go live” following endorsement from Joint Union Management Consultative Committee (JUMCC) in May.

A newsletter was sent to all Registered Nurses in the level 3,4 and 5 classifications to advise that the data collection for the sample group was about to begin.

The tool, explanatory notes and process for collecting the data and undertaking assessment of the classifications have been developed by a joint working party consisting of ACT Health representatives and ANF representatives, project officers and an independent consultant.

The project consists of four stages:

1. Development of new work level standards
2. Initial classification assessment against the work level standards
3. Residual classification assessment
4. Ongoing classification management

Stage 1 is now underway with the members of an agreed sample group undertaking education sessions prior to completing the data collection tool.

Registered Nurse level 1-2 Career Advancement Project
The project plan for the Level 1-2 Career Advancement Project and working party members have been endorsed by JUMCC. The working party is made up of representatives from ACT Health and ANF and has been meeting on a regular basis. The group has been considering existing documentation and what additional documentation needs to be developed to support the process.

The next step for the group is to determine the process and to gain feedback from stakeholders on the recommended process.

Enrolled Nurse Scope of Practice Project
The project plan for the Enrolled Nurse Scope of Practice Project was endorsed by JUMCC in June.

The project officer, Kate Milbourne, in conjunction with the ANF is currently developing a discussion paper which will be used to facilitate further discussion and information about the current scope of practice of enrolled nurses in the ACT and the issues to think about when considering any changes to the scope of practice, including the implementation of the EN Level 2 classification. Enrolled Nurses and Registered Nurses will be given the opportunity to provide input through a series of focus groups and data collection tools.

This information will be collated to develop a report with recommendations of the scope of practice for Enrolled Nurse Level 1 and Level 2. The recommendations contained in the report will need to be agreed and endorsed by JUMCC.