Finally we reached agreement with Symbion in June 2008 over a process of for negotiations which aimed to have a new agreement finalised by December 2008. This was agreed to by the Unions and Symbion as being in the interests of both parties.

Then Primary Health stepped in and has prevented the EBA negotiations from going ahead, and has refused to negotiate an agreement.

We made application to the Commission for a ballot to be conducted of MSAV members to take protected industrial action at Dorevitch and Gippsland Pathology.

Symbion/Primary Health sent their lawyers to the AIRC yesterday in an attempt to have the ballot application struck out by the AIRC and to prevent scientists from exercising their right to strike.

Symbion’s lawyers have claimed that because we opened a bargaining period with Symbion Health Pty Ltd, instead of Symbion Pathology Ltd then the application for a ballot should be refused.

Not that this would have made a scrap of difference to who was sitting around the bargaining table representing Symbion.

In the event the application has been adjourned to January 2009. We are confident that the AIRC is able to amend our Notice of Bargaining Period and Application for a Protected Action Ballot under its powers to correct errors.

What this means is that the ballot will be delayed. We anticipate that the ballot will now take place in February 2009.

Once the new industrial laws come into effect, Primary Health’s refusal to allow Symbion to bargain in good faith will be able to be challenged, and we will be able to seek ‘good faith bargaining’ orders against Symbion. The owners of Primary Health are using the last vestiges of WorkChoices to attempt to prevent MSAV members from negotiating a new EBA.

They will destroy Dorevitch and GPS reputation as a reasonable employer, just as they appear to be working to destroy Dorevitch’s reputation as a quality pathology provider, especially in regional Victoria.

We will be organising members meetings at Dorevitch and GPS to discuss the latest turn of events, which will only serve to strengthen the resolve of members to hit Symbion and Primary hard when it comes to industrial action. We have made it clear to Symbion that we are prepared to negotiate but, directed by Primary Health, they have made it equally cleat that they do not intend to. Roll on February 2009 ……