DISPUTE RE NEGOTIATIONS

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES The Minister for Health incorporated as the Board of the hospitals formerly comprised in the Metropolitan Health Service Board and incorporated as the Board of the WA Country Health Service, under s7 of the Hospitals and Health Services Act 1927 (WA)

APPLICANT

-v-

Australian Nursing Federation Industrial Union of Workers

RESPONDENT

CORAM Commissioner J L Harrison

DATE Friday, 22 February 2013

FILE NO/S C 175 OF 2013

CITATION NO. 2013 WAIRC 00100

Result Interim order issued

Representation

Applicant Mr M Warner and Ms K Worlock (of counsel)

Respondent Mr M Olson

Order

WHEREAS this is an application pursuant to s 44 of the Industrial Relations Act 1979 (the Act) filed on 19 February 2013 whereby the applicant sought interim orders that members of the respondent union (the ANF) cease industrial action taking place in public hospitals; and

WHEREAS on 20 February 2013 the Commission issued the following interim orders and recommendation:

INTERIM ORDERS

1. THAT the Commission undertake further conferences between the parties, the first to be convened on Thursday, 21 February 2013 at 9.00 am for the purpose of the parties reporting back on a number of issues regarding the negotiation of a new Agreement and the current industrial action, in particular:

a. The ANF is to:

i. respond to the Minister as to the jurisdictions, levels and increments it says are appropriate for salary comparison purposes;

ii. advise the Commission whether the Recommendation in this matter has been accepted and acted on by members;

b. The Minister is to confirm that:

j. (sic) Parking at Graylands will remain available until it is no longer required or until agreement is reached with the ANF, which agreement will not be unreasonably withheld;

ii. Workloads (NHPPD) will remain unaltered;

iii. Whether it is able to commit to an operative date for the first pay increase of the new agreement.

2. THAT the parties meet either in conferences convened by the Commission or under the auspices of the Commission not less than twice per week, at which the parties are to be represented by their senior officers, until otherwise decided by the Commission.

3. THAT the Minister be in a position to put to the Economic and Expenditure Review Committee of Cabinet, or its equivalent at its first meeting after the State Election, a proposal for the resolution of the matter including salary increases.

4. THAT there be liberty to apply by both parties in respect of these Orders.

RECOMMENDATION

THAT the ANF by its officers and employees lift all bans currently in place, in particular bed closures, in relation to the negotiation of a new Agreement to replace the ANF Agreement and to take no further industrial action; and

WHEREAS after hearing further from the parties on 21 February 2013 the Commission issued the following directions:

1. THAT the applicant consider the ANF’s proposal of:

(a) a minimum salary increase of 12.75%;

(b) the first part of such increase to be an increase of 5% for the first year from 1 July 2013;

(c) with no loss of conditions;

(d) if an agreement is not resolved by 30 June 2013, the dispute to be arbitrated,

and formally respond to that proposal by 10.00 am Friday 22 February 2013.

2. THAT the ANF call a meeting of its members for no later than 1.00 pm Friday 22 February 2013 and:

(a) discuss the applicant’s response referred to in Direction 1; and

(b) consider the Commission’s Recommendation issued on 20 February 2013.

3. THAT the parties report back to the Commission at 4.00 pm Friday 22 February 2013; and

WHEREAS on 22 February 2013 the applicant responded to the ANF’s proposal; and

WHEREAS the ANF’s members had a meeting on 22 February 2013 and resolved to continue industrial action; and

WHEREAS at a report back conference on 22 February 2013 the applicant proposed a mechanism and framework for negotiating an industrial agreement which included a guaranteed operative date of 1 July 2013 for the first wage increase, meeting dates and a process for dealing with matters not agreed as at 30 June 2013; and

FURTHER the applicant proposed that a maximum wage / remuneration increase be limited to 12.75% to apply to employees covered by the new Agreement of three years duration; and

WHEREAS the ANF rejected the proposed negotiation mechanism and framework as the remuneration quantum proposed was insufficient; and

WHEREAS as there was no agreement between the parties on a process for moving forward the applicant sought the issuance of the following interim order:

THAT the Federation and its members cease from taking any form of industrial action including but not limited to, work bans and closing beds; and

WHEREAS the applicant reiterated and detailed the significant and deleterious impact of over 300 beds at 11 public hospitals being closed, in particular the negative impact on patients at emergency departments, elective surgery being cancelled for seriously ill patients, including cancer patients, and congestion and delays due to ramping of ambulances; and

WHEREAS the ANF claimed that the bed closures were not having the extensive negative impact on patients claimed by the applicant and nurses were endeavouring to ensure that the most seriously ill patients were not disadvantaged notwithstanding a number of beds being closed; and

WHEREAS the Commission is satisfied that ‘closing beds’ has continued to have a deleterious and serious impact on the Western Australian public health system and its patients and that it is not in the public interest that this ban continue; and

WHEREAS the Commission is satisfied that the applicant’s proposed mechanism and framework for negotiating a new industrial agreement is appropriate to be utilised by the parties in the terms discussed at the Commission except for the quantum proposed by the applicant which is in contest between the parties and is to be the subject of further negotiation in the Commission; and

WHEREAS when taking account equity and fairness and the substantive merits of the case and in particular s 44(6)(ba)(i) and s 44(6)(bb)(i) of the Act, the Commission has formed the view that orders with respect to this application should issue;

NOW THEREFORE having heard Mr M Warner and Ms K Worlock of counsel on behalf of the applicant and Mr M Olson on behalf of the ANF, the Commission, having regard to the interests of the parties directly involved, the public interest and to prevent the further deterioration of industrial relations, and pursuant to the powers vested in it by the Act, hereby orders:

1. THAT the ANF by its officers and employees and members is to lift all bans currently in place, in particular bed closures, in relation to the negotiation of a new Agreement to replace the Registered Nurses and Enrolled Mental Health Nurses – Australian Nursing Federation – WA Health Industrial Agreement 2010.

2. THAT the ANF by its officers and employees and members take no further industrial action in relation to the negotiation of a new Agreement whilst negotiations for a new Agreement take place with the assistance of the Commission.

3. THAT the ANF by its officers and employees is to take reasonable steps to immediately inform its members about the terms of Orders 1 and 2 and direct its members to comply with these orders.

4. THAT the parties attend a conference to be convened in the Commission on Monday 25 February 2013 at 10.30 am to commence discussions about the framework, mechanism and remuneration quantum with respect to finalising the terms of a new Agreement to replace the Registered Nurses and Enrolled Mental Health Nurses – Australian Nursing Federation – WA Health Industrial Agreement 2010.

4. THAT this order is to remain in force until revoked or varied by the Commission.

Commissioner J L Harrison