NZNO Claims

NZNO claims for negotiating the NZNO/HNZ Te Whatu Ora Collective Agreement

The claims for this year's bargaining were informed by NZNO’s Maranga Mai! campaign, in particular, the Maranga Mai! five fixes which seek to address the nursing and midwifery workforce crisis. The claims development process was a democratic one which included worksite meetings led by delegates and organisers, national Zoom meetings, and an electronic claims survey open to all members. All members had the opportunity to contribute to the development of our claims and to participate in the endorsement ballot.

The table below outlines the claims as they are presented in bargaining. More information about the principles behind the claims follows.

Pay	1. Rebalance out of step rates. 2. Apply a cost of living increase. 3. Ensure all rates are above the living wage
Safe working conditions - minimum staffing levels	4. Implement a staffing ‘safety net’ based on staffing/patient ratios, which can then be built upon using CCDM.
Safe working conditions - supporting H&S at work	5. Amend clause 31.1 to reflect legislation and transfer to HNZ (Worker participation agreement) 6. Add “that equipment is safe and fit for purpose” to cl. 31.4 7. Replace 31.6 with - The employer will provide all HSRs with training to NZQA unit standard 29315 within three months of their election to the HSR role. 8. Add new clause 31 and renumber – Working together on H&S The employer recognises that it has a shared interest with NZNO in the health and safety of its workers. Accordingly, the employer and NZNO representatives agree to share all relevant health and safety information between one another in good faith. 9. New clause 31.2. Developing H&S representatives - The employer recognises the prescribed minimum ratio of health and safety representatives (HSRs) for a workgroup is 1 representative for every 19 workers. To facilitate this ratio being met, the employer will maintain a readily accessible list of HSRs for each workgroup. 10. Resourcing H&S representatives Mirror the rights of clause 23 for H&S representatives in clause 31. 11. Add new clause 31.7 and renumber: The employer shall grant all NZNO member health and safety representative, 2 days paid leave each year for the purpose of attending health and safety training, — this training will provided by “WorksafeReps” 12. Add new clause 31.8 and renumber “The employer shall grant a further 2 days leave on pay for HSRs who are members of NZNO to attend additional health and safety courses authorised by NZNO.”
Actualising te Tiriti within and across the health system	13. New clause (10.7 and re-number) Tikanga Allowance in recognition of instances where employees who are not directly employed in cultural roles, use their knowledge of Te Reo Māori me onā Tikanga to support the DHB’s cultural obligations (e.g. pōwhiri, whakatau). Other matters: Recognition of Huarahi Whakatū within the collective agreement and developing a new clause: Actualising Te Tiriti
Professional development to support ongoing learning	14. Developing HCA professional development: Amend cl.28.10.3. 15. New clause 28.11: Access to professional supervision for new graduates and newly appointed senior nurses - The employer recognises the need to provide professional supervision for all nurses in their first year of practice following the completion of Netp, Nesp and Ensipp programmes and those who are new to a designated senior nurse role. The employer acknowledges that professional supervision supports nursing practice, nurse’s well-being and the provision of safe care. The employer will grant 2 hours/month to support nurses in these groups access their own regular, confidential supervision by a suitably qualified supervisor. The nurse will identify their own supervisor either internally or external to the employer. The employer will fully fund professional supervision. 16. Rebalance, new clause: Professional development – HNZ shall provide a sum of $1,000 per NZNO member (headcount and in addition to existing PD funding), accessible by NZNO members only, to enable NZNO members to meet approved professional development requirements. 17. Introduce additional payments for members with post graduate qualifications. Insert new clause 10.6 and renumber - Clause provides for annual payments for members holding a PG cert, Diploma or Masters degree.
Supporting the Nursing and Midwifery workforce	18. Implement a safety plan and payments for all additional shifts and hours worked. 19. Introduce a nurse prescribing allowance 20. Nurse In charge/nurse coordinator allowance, setting the rate at the higher duties amount. 21. Increase the maximum employer Kiwisaver contribution: Amend clause 39.1, replacing 2%, with 6%
Administrative	22. Include coverage of Mental health Assistants 23. Include coverage of Maternity Care Assistants and include definition of Maternity Care Assistant in cl.5 “Maternity Care Assistant” 24. Amend employer party as appropriate throughout the document 25. Changes based on the Holidays Act remediation programme 26. Agreement to meet with and discuss any subsequent settlements for similar groups if those settlements are materially different to this settlement. Such meeting may result in a proposal to vary the NZNO Agreement.
Valuing our agreement	27. Include a bargaining fee for non members who enjoy the benefits of our MECA and are not members of another union. 28. Member only benefit

The following information includes detail about the principles the claims were based on and was presented to members during the claims endorsement process in October 2022

Pay claims

An increase in rates and allowances to meet the increased cost of living
Paying the living wage for all employees

New Zealand is in the midst of a nursing and midwifery workforce crisis and fixing pay and conditions will attract and retain people within the profession.

NZNO has Nursing and Midwifery Pay Equity claims underway that will ultimately address sex-based discrimination in Te Whatu Ora nursing pay rates. In April 2022 NZNO launched a legal process in the Employment Relations Authority and the Employment Court to address issues with the proposed Nursing Pay Equity settlement. These processes are well underway and members are regularly updated on progress.

Although we are working hard to conclude this legal process as quickly as possible and achieve an outcome to the Nursing Pay Equity claim, it is also important that Te Whatu Ora members urgently receive pay increases in this year’s collective agreement negotiations to meet recent significant increases to the cost of living in Aotearoa. Achieving a pay increase that addresses increases in the cost of living is the basis of our proposed pay claim for this year’s negotiations.

Note:

The Employment Court has previously ruled that striking over pay/cost of living increases that is linked to Pay Equity is unlawful. That means we will lose the right to strike if we conflate the two.

NZNO has opted out of the Public Service Pay Adjustment (PSPA) negotiation process. This is because we already have our own bargaining processes underway. Also, the PSPA does not include the funded sector (e.g. Primary Health Care, Aged Residential Care, Māori and iwi providers) and Maranga Mai! is about 'Every nurse, everywhere'.

Safe working conditions claims

Safe staffing

Where CCDM has been appropriately implemented it has resulted in improved staffing levels and skill mix. However, there are areas where CCDM is not yet implemented or working well. The proposed claim provides a staffing ‘safety net’ based on staffing/patient ratios, which can then be built upon using CCDM. The ratios will be based on Australian ratios adapted to the New Zealand context.

Strengthening the role of health and safety reps

Over the last year members have begun using the Health and Safety at Work Act to ensure a safe workplace for members, often with a particular focus on staffing levels. We propose changes to our collective agreement which improve training for health and safety reps and strengthens their role in the workplace.

Actualising te Tiriti claim

Māori members are often asked to use their cultural knowledge and skills in the workplace, e.g. playing a leading role in powhiri, or providing guidance on Te Ao Māori. We propose a claim which recognises members using these skills and this knowledge.

Professional development claims to support ongoing learning claims

Professional development for health care assistants

There is a wide variety in the degree of professional development support offered to health care assistants across Te Whatu Ora. We propose a claim which provides access to NZQA qualifications and workplace support to achieve these qualifications.

Access to professional supervision for new graduates and newly appointed senior nurses

This is another area where there is a wide variety in the degree of support provided by Te Whatu Ora. We propose a claim which provides support for all new graduates and newly appointed senior nurses.

Introduction of an allowance to recognise further education

Supporting the nursing workforce claim

Increase the maximum employer Kiwisaver contribution.

Recognition for when we do more and improve the health care system

Introduce allowances for:
- registered nurse prescribing
- nurse in charge/nurse co-ordinator.

Implement a safety plan and payments for all additional shifts and hours worked.

Keeping our collective agreement up-to-date

Use plain language to amend various clauses so our collective agreement is easier to understand.
Include new member groups within the coverage of our collective agreement.
Update the collective agreement to ensure it complies with the Holidays Act.

Valuing our collective agreement

Include a bargaining fee for non-members who enjoy the benefits of our CA and are not members of another union.
Include a member only recognition of the benefits of the collective agreement and the relationship on which a collective agreement is based.