Health Services Union of Western Australia (Union of Workers) -v- Director General of Health as the delegate of the Minister of Health in his incorporated capacity under section 7 of the Hospitals and Health Services Act 1972 for the hospitals formerly comprising the Metropolitan Health Services Board in the person of Dr Phillip Montgomery, Executive Director, Royal Perth Hospital, South Metropolitan Area Health Service
Document Type: Order
Matter Number: PSACR 26/2008
Matter Description: Dispute re application of award amendments
Industry: Health Services
Jurisdiction: Public Service Arbitrator
Member/Magistrate name: Commissioner J L Harrison
Delivery Date: 14 Feb 2012
Result: Order and declaration issued
Citation: 2012 WAIRC 00082
WAIG Reference: 92 WAIG 251
DISPUTE RE APPLICATION OF AWARD AMENDMENTS
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES HEALTH SERVICES UNION OF WESTERN AUSTRALIA (UNION OF WORKERS)
APPLICANT
-V-
DIRECTOR GENERAL OF HEALTH AS THE DELEGATE OF THE MINISTER OF HEALTH IN HIS INCORPORATED CAPACITY UNDER SECTION 7 OF THE HOSPITALS AND HEALTH SERVICES ACT 1972 FOR THE HOSPITALS FORMERLY COMPRISING THE METROPOLITAN HEALTH SERVICES BOARD IN THE PERSON OF DR PHILLIP MONTGOMERY, EXECUTIVE DIRECTOR, ROYAL PERTH HOSPITAL, SOUTH METROPOLITAN AREA HEALTH SERVICE
RESPONDENT
CORAM PUBLIC SERVICE ARBITRATOR
COMMISSIONER J L HARRISON
DATE TUESDAY, 14 FEBRUARY 2012
FILE NO PSACR 26 OF 2008
CITATION NO. 2012 WAIRC 00082
Result Order and declaration issued
Representation
APPLICANT MR M SWINBOURN
RESPONDENT MR R ANDRETICH (OF COUNSEL)
Order
HAVING HEARD Mr M Swinbourn on behalf of the applicant and Mr R Andretich of counsel on behalf of the respondent, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act 1979, hereby:
1. DECLARES THAT Mr Edward Scull was treated unfairly, unjustly and unreasonably when the respondent refused to increase his salary after the work value of the position of Head of Department, Medical Engineering and Physics (position number 103229) at Royal Perth Hospital and senior positions reporting to this position increased.
2. ORDERS THAT the salary of the position of Head of Department, Medical Engineering and Physics (position number 103229) at Royal Perth Hospital held by Mr Edward Scull be increased to reflect the relativity of this position to other senior positions within the Department of Medical Engineering and Physics at the level it was when Mr Scull commenced employment in the position.
3. ORDERS THAT the salary levels contained in Column 3 of the table in the Internal Memorandum to the Chief Executive South Metropolitan Area Health Service from Mr Gregory dated 2 September 2009 be applied to the position of Head of the Department, Medical Engineering and Physics at Royal Perth Hospital held by Mr Scull.
COMMISSIONER J L HARRISON
PUBLIC SERVICE ARBITRATOR
DISPUTE RE APPLICATION OF AWARD AMENDMENTS
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES Health Services Union of Western Australia (Union of Workers)
APPLICANT
-v-
Director General of Health as the delegate of the Minister of Health in his incorporated capacity under section 7 of the Hospitals and Health Services Act 1972 for the hospitals formerly comprising the Metropolitan Health Services Board in the person of Dr Phillip Montgomery, Executive Director, Royal Perth Hospital, South Metropolitan Area Health Service
RESPONDENT
CORAM PUBLIC SERVICE ARBITRATOR
Commissioner J L Harrison
DATE tuesday, 14 February 2012
FILE NO PSACR 26 OF 2008
CITATION NO. 2012 WAIRC 00082
Result Order and declaration issued
Representation
Applicant Mr M Swinbourn
Respondent Mr R Andretich (of counsel)
Order
HAVING HEARD Mr M Swinbourn on behalf of the applicant and Mr R Andretich of counsel on behalf of the respondent, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act 1979, hereby:
1. DECLARES THAT Mr Edward Scull was treated unfairly, unjustly and unreasonably when the respondent refused to increase his salary after the work value of the position of Head of Department, Medical Engineering and Physics (position number 103229) at Royal Perth Hospital and senior positions reporting to this position increased.
2. ORDERS THAT the salary of the position of Head of Department, Medical Engineering and Physics (position number 103229) at Royal Perth Hospital held by Mr Edward Scull be increased to reflect the relativity of this position to other senior positions within the Department of Medical Engineering and Physics at the level it was when Mr Scull commenced employment in the position.
3. ORDERS THAT the salary levels contained in Column 3 of the table in the Internal Memorandum to the Chief Executive South Metropolitan Area Health Service from Mr Gregory dated 2 September 2009 be applied to the position of Head of the Department, Medical Engineering and Physics at Royal Perth Hospital held by Mr Scull.
Commissioner J L Harrison
PUBLIC SERVICE ARBITRATOR