Case Law Nurses case [Public hospitals nurses state award (No4) Re 2003] NSWIRC

This case was launched in 2002, based on high levels of stress for nurses; recurrent and widespread shortages; increased skill, responsibility and work value; and the claim that nurses work was undervalued compared to other health professionals (for example physiotherapists, who were paid 8.2% more).

The pay equity claim compared the rates for wards persons and assistants in nursing. It argued that the duties of the two classifications were comparable, that the assistants in nursing had more responsibility, that wards persons were remunerated significantly better, and that the wards person classification was mainly men and the assistants in nursing classification mainly women. It was also claimed that assistants in nursing had more education and training.

The Nurses Association also claimed that low pay rates had contributed to shortages, with the number of registered nurses being recruited doubling between 1996/97 and 2001/02.

The Commission found a clear disparity between the wages of assistants in nursing and wards persons, but that the evidence was not sufficient to make a proper comparison of work value or establish that the disparity was or historically had been gender-related (which the Equal Remuneration and Other Conditions Principle requires).

The case was consistent however with the work value principle. The Commission accepted that work value had increased through changes to nature of the work and skill requirements.

An interim 6% increase was awarded from 1 October 2003 and a further 3.5% increase awarded for Registered Nurses and Enrolled Nurses in Public Hospitals from 1 January 2004 on work value grounds.

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