QNMU wins backpay for onsite RAT testing

Published: 7 December 2022
 
After months of deliberation, the Fair Work Commission (FWC) has finally decided to agree with the QNMU and confirm that staff are entitled to payment for work performed in completing RATs onsite.

From 13 May 2022 until 1 September 2022, Jeta Gardens management formally instructed staff to attend the workplace at least 15 minutes prior to the start of shifts to do a RAT test. They will now be forced to pay staff for this time.

We are very pleased with the outcome, which will see all current and former Jeta Gardens employees (nursing, care and support staff) who worked between May and September this year receive at least some backpay before Christmas.

This is a win by QNMU members

Three AINs gave evidence for the QNMU and faced the employer’s lawyers in the Fair Work Commission. This was an intimidating task, and we would not have won without their bravery and commitment to their colleagues. 

Thanks to QNMU members, all staff will receive backpay if they were directed to take the RAT at the workplace.

What about RATs done at home?

The FWC did not consider whether RATs done at home should also be counted as “time worked”, and paid for under the EA. However, this remains the position of the QNMU. We are running a series of test cases on this question at the moment, and we hope to use any future decision to compel Jeta Gardens management to also pay you for the time spent doing RATs at home.