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| PUBLIC SECTOR ENTERPISE BARGAINING UPDATE |
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CONGRATULATIONS TO MEMBERS FOR STICKING TOGETHER AND TAKING THE HARD DECISIONS RE INDUSTRIAL ACTION EMPLOYERS APPLY TO TERMINATE OUR BARGAINING PERIODS Protected industrial action stopped – 48 hour strike cancelled Members in the public sector will be aware that the industrial action planned for today and tomorrow at Austin Health, Beside Health, Bendigo Health, Eastern Health, Goulburn Valley Health, Melbourne Health, St Vincent’s Health and Southern Health is not going ahead. This follows the hearing of applications by these employers to have our bargaining period either terminated or suspended on the basis that the 48 hours strike would threaten the personal safety or health or the welfare of the population or part of it (refer Stat 646). Commissioner Smith has already indicated that he would consider terminating or suspending the bargaining periods ‘on his own motion’ due to his perception that the 48 hour strike would have a serious impact on patients. After weeks of pretending that they were not concerned about the impact of our industrial action, the employers, through their barrister, called witness evidence in the Commission to show the importance of your work to the public health system. Acknowledgement of the significance of your roles in public hospitals Dr Christine Kilpatrick, Executive Director of the Royal Melbourne Hospital, and Dr Richard King, Medical Program Director at Southern Health, both gave evidence regarding the work of pathology scientists and pharmacists in particular, to all patients, whether emergency patients, elective surgery patients, outpatients or inpatients, or patients ready for discharge.
It was great to hear witnesses attesting to the vital nature of your work to patient care, as it is rarely acknowledged. There were more than 20 members and job representatives present in the Commission to hear the matter being argued. Our barrister stated that we did not concede that our actions were a threat to patient safety. In the event, Commissioner Smith found that, on the evidence, that ‘whilst the various elements of the membership of the HSU may impact to varying degrees in this matter, nonetheless it's clear that in the area of pathology and related areas that is a most serious matter, and leads me to the finding that the industrial action would threaten the personal safety or health or the welfare of the population or part of it. The weight of numbers can't dilute that finding of fact’. Having made that finding the Commissioner was then obliged under the Workplace Relations Act to either suspend or terminate our bargaining periods. We consented to the termination. We would not have consented to a suspension of the bargaining periods. The Commission then decided to terminate the bargaining periods. This has the effect of removing the protection from our industrial actions. On that basis we advised members that the 48 hour stoppage would not go ahead. The transcript of the proceedings is here. What is the difference between suspension and termination of the bargaining periods? If a bargaining period were to be suspended the Commission would effectively be imposing a “cooling off period” during which no protected industrial action could take place. However, there is no obligation on the parties to continue with negotiations. If the bargaining period were to be terminated the parties have a 21 day negotiating period within which to reach agreement. After this time, if no agreement is reached, the matters in dispute are then referred to a Full Bench of the Commission (3 members of the AIRC). The Full Bench must then arbitrate the matters in dispute. This can include wages matters. In arbitration the Bench has a duty to make a decision based on the evidence before it, and must take productivity into account. The materials which members supplied at short notice in relation to changes to productivity and projected productivity from 1 October 2007 – 30 September 2011 will be a great start in relation to the compilation of evidence regarding productivity. In pathology, the data show that over the period since 2004 productivity in terms of tests per scientist has been rising in the order of 6%-10% per annum, as greater workloads and throughput has been accommodated without a corresponding increase in staffing levels. Negotiating Period: The 21 days runs from the date of yesterday’s decision. Progress Reports We will keep members informed of progress and will convene meeting(s) of members as and when necessary.
The next scheduled meeting of the Branch Committee of Management is 6.00 pm on Thursday 13 March 2008 at our offices in Trades Hall. Members are welcome to attend as observers. Importance of the Industrial Action It was your initial industrial action that prompted the Victorian Hospitals Industrial Association (VHIA) to seek private mediation in the AIRC last month. It was the knowledge that you were going to strike for 48 hours today and tomorrow that forced the VHIA into making the application for the termination of the bargaining periods, thus triggering the 21 day negotiating period. We appreciate how difficult it is for members to decide to take industrial action. We know that it goes against the commitment that members have to patients and patient care. However, as recent experience has demonstrated, taking the hard decision to withdraw your labour has had the desired effect, as it seems to be the only language that the DHS and the VHIA understand. Certainly evidence-based rational arguments have not been listened to. Of course in arbitration, rational argument & evidence will be the key. Job Representatives Thanks to all the job representatives and those members who acted as contacts at the workplace. We could not have succeeded without your role in communicating with members, organising meetings, giving feedback to us at the office, attending meetings at the workplace and Trades Hall, coming to the AIRC, encouraging your colleagues when things got difficult and recruiting non-members. We appreciate your commitment and nous. As they say “United we bargain, Divided we beg.”
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