The union is suing Opal HealthCare for alleged breaches at its aged care facilities. Photo: Facebook/Opal HealthCare.
A union is suing a statewide aged care provider in the Federal Court for alleged breaches of mandates relating to the direct care of residents.
The NSW Nurses and Midwives’ Association (NSWNMA/ANMF NSW) has alleged for-profit aged care provider Opal HealthCare breached its state-based enterprise agreement by failing to meet care minute targets, after apparently misreporting care minutes to the Commonwealth.
In court documents seen by Region, the union has alleged the provider misclassified tasks (such as laundry and kitchen duties) to reach its mandatory minutes of direct care across more than 50 centres between November 2024 and March 2026.
These include at Narrandera Homestead Care Community in the Riverina, Denhams Beach Care Community near Batemans Bay and Shoalhaven Place Care Community.
The union stated it had notified a dispute with Opal in early 2025 before referring it to the Fair Work Commission in June last year.
“[This was] after aged care members uncovered non-direct care duties were being misreported to the Department of Health, Disability and Ageing as direct care,” a statement read.
“Despite an updated ‘Care Minutes Responsibility Guide’ being released by the department, which clarified that tasks such as kitchen, laundry and lifestyle duties must not be counted as direct care, the NSWNMA believes Opal has done little to rectify the issue, which impacts staffing and the levels of care being afforded to residents.”
‘Care minutes’ is the duration of direct care that people living in residential care receive from a registered nurse (RN), enrolled nurse (EN), personal care worker (PCW) or assistant in nursing (AIN).
The care minutes requirement is based on a sector-wide average of 215 minutes of care per resident per day, including 44 minutes of direct RN care.
Commonwealth funding is available to cover the cost of providing care minutes to aged care residents.
The responsibility guide outlines that activities such as rostering and administrative tasks, funding management-related tasks, staff training, preparing and serving meals, laundry, cleaning, decorating rooms, craft activities and planning and running recreation and lifestyle activities are not included in care minute quotas.
The union claimed AINs and carers at Opal-run centres were regularly required to perform non-care duties, such as washing dishes, folding laundry and leading group activities.
“[These actions] were subsequently logged as direct nursing care minutes,” the union claimed.
Conferences in the Fair Work Commission resulted in Opal adjusting and resubmitting its care minute data to exclude the ineligible, non-direct care duties.
“Opal confirmed at facility level and regional level meetings that its methodology involved counting 100 per cent of the worked time of registered nurses, enrolled nurses, assistants in nursing and personal care workers as care minutes (subject only to the exception for an entire shift directed off the floor),” the union’s statement of claim outlined.
The document went on to allege this change meant department data now showed more than 50 of Opal’s aged care facilities were failing to meet care minute requirements.
The union stated this was a “serious breach” of clause 58 of Opal Healthcare (NSW) Enterprise Agreement 2023 and is seeking civil penalties through Federal Court action.
“The NSWNMA is calling for full transparency in care minute reporting across all Opal facilities and an immediate end to the misclassification of non-care duties,” it stated.
“Understaffing is one of the biggest issues in the health sector and the implementation and enforcement of direct care minutes is key to improving staffing in aged care.”
An Opal HealthCare spokesperson declined to comment.
“As the matter is now before the court, Opal HealthCare is not able to provide any comment,” they said.
Opal HealthCare’s aged care approved provider company is DPG Services Pty Ltd.
Original Article published by Claire Fenwicke on About Regional.
