Australian Nurses Federation Industrial Union of Workers Perth -v- South Metropolitan Health Service

Document Type: Order

Matter Number: C 27/2021

Matter Description: Dispute re clause 28 of the WA Health System - Australian Nursing Federation - Registered Nurses, Midwives, Enrolled (Mental Health) and Enrolled (Mothercraft) Nurses - Industrial Agreement 2020

Industry: Health Services

Jurisdiction: Single Commissioner

Member/Magistrate name: Senior Commissioner R Cosentino

Delivery Date: 30 Aug 2021

Result: Order issued

Citation: 2021 WAIRC 00485

WAIG Reference: 101 WAIG 1263

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2021 WAIRC 00485
DISPUTE RE CLAUSE 28 OF THE WA HEALTH SYSTEM - AUSTRALIAN NURSING FEDERATION - REGISTERED NURSES, MIDWIVES, ENROLLED (MENTAL HEALTH) AND ENROLLED (MOTHERCRAFT) NURSES - INDUSTRIAL AGREEMENT 2020
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES AUSTRALIAN NURSES FEDERATION INDUSTRIAL UNION OF WORKERS PERTH
APPLICANT
-V-
SOUTH METROPOLITAN HEALTH SERVICE
RESPONDENT
CORAM SENIOR COMMISSIONER R COSENTINO
DATE MONDAY, 30 AUGUST 2021
FILE NO/S C 27 OF 2021
CITATION NO. 2021 WAIRC 00485

Result Order issued
Representation


APPLICANT MS M CORNEY

RESPONDENT MR M AULFREY, MS J REID AND MR C DONOGHUE


Order
WHEREAS on 26 August 2021, the applicant filed an application under s 44 of the Industrial Relations Act 1979 (WA) (the Act) for a compulsory conference to seek the assistance of the Commission to resolve a dispute arising as to proposed changes to the roster for permanent employees engaged to work in the emergency department of Fiona Stanley Hospital.

AND WHEREAS the applicant says that the proposed changes, namely the implementation of a new “Disco shift” (6:30am to 2:00am) with effect from 31 August 2021, require agreement under cl 28 of the WA Health System – Australian Nursing Federation – Registered Nurses, Midwives, Enrolled (Mental Health) and Enrolled (Mothercraft) Nurses – Industrial Agreement 2020 (the Agreement).

AND WHEREAS the applicant contends that the requirements of cl 28 of the Agreement have not yet been met.

AND WHEREAS the applicant sought an interim order to maintain the existing rostering arrangements until the dispute is resolved.

AND WHEREAS the respondent says that cl 28 of the Agreement does not apply to the proposed introduction of “Disco shifts”.

AND WHEREAS the respondent further says that:
(a) Rosters for the 4 week period commencing 31 August 2021 were published on 2 August 2021;
(b) Employees require adequate notice of rostered shifts; and
(c) It is therefore highly impracticable and potentially jeopardises patient wellbeing to attempt to change rosters with short notice.

AND WHEREAS at a compulsory conference on 27 August 2021 the parties reached an agreement in relation to the dispute and requested that the Commission make orders in terms of that agreement pursuant to s 44(8)(a) of the Act.

NOW THEREFORE the Commission, pursuant to the powers conferred under s 44 the Act, hereby orders –

1. THAT a trial of the incorporation of the “Disco shift” onto the permanent employee roster to facilitate shift transitions from afternoon to night shift is to be conducted for the roster commencing 31 August 2021 until the end of the roster period for the roster issued on 3 January 2022.

2. THAT by no later than 31 October 2021, the respondent will provide the applicant with a list of employees affected by the incorporation of the “Disco shift” onto the permanent employee roster.

3. THAT the respondent will conduct a secret ballot of the employees listed in Order (2) above to determine the level of support for continuing the trial roster on a permanent basis. The ballot must remain open for employee participation for at least 7 days and close no later than 5:00pm on 6 December 2021.

4. THAT the applicant will not conduct any campaign designed or likely to influence the outcome of the ballot.

5. THAT the introduction of “Disco shifts” onto the permanent employee roster will continue on a permanent basis following the ballot unless a majority of employees voting in the ballot vote against its continuation.

6. THAT any party may apply to the Commission to convene a conference at short notice under s 44 of the Act for assistance to resolve any dispute which may arise in relation to the conduct of the ballot, or these Orders.





SENIOR COMMISSIONER R COSENTINO
Australian Nurses Federation Industrial Union of Workers Perth -v- South Metropolitan Health Service

DISPUTE RE CLAUSE 28 OF THE WA HEALTH SYSTEM - AUSTRALIAN NURSING FEDERATION - REGISTERED NURSES, MIDWIVES, ENROLLED (MENTAL HEALTH) AND ENROLLED (MOTHERCRAFT) NURSES - INDUSTRIAL AGREEMENT 2020

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

 

PARTIES Australian Nurses Federation Industrial Union of Workers Perth

APPLICANT

-v-

South Metropolitan Health Service

RESPONDENT

CORAM Senior Commissioner R Cosentino

DATE MONDAY, 30 August 2021

FILE NO/S C 27 OF 2021

CITATION NO. 2021 WAIRC 00485

 

Result Order issued

Representation

 


Applicant Ms M Corney

 

Respondent Mr M Aulfrey, Ms J Reid and Mr C Donoghue

 

 

Order

WHEREAS on 26 August 2021, the applicant filed an application under s 44 of the Industrial Relations Act 1979 (WA) (the Act) for a compulsory conference to seek the assistance of the Commission to resolve a dispute arising as to proposed changes to the roster for permanent employees engaged to work in the emergency department of Fiona Stanley Hospital.

 

AND WHEREAS the applicant says that the proposed changes, namely the implementation of a new “Disco shift” (6:30am to 2:00am) with effect from 31 August 2021, require agreement under cl 28 of the WA Health System – Australian Nursing Federation – Registered Nurses, Midwives, Enrolled (Mental Health) and Enrolled (Mothercraft) Nurses – Industrial Agreement 2020 (the Agreement).

 

AND WHEREAS the applicant contends that the requirements of cl 28 of the Agreement have not yet been met.

 

AND WHEREAS the applicant sought an interim order to maintain the existing rostering arrangements until the dispute is resolved.

 

AND WHEREAS the respondent says that cl 28 of the Agreement does not apply to the proposed introduction of “Disco shifts”.

 

AND WHEREAS the respondent further says that:

(a) Rosters for the 4 week period commencing 31 August 2021 were published on 2 August 2021;

(b) Employees require adequate notice of rostered shifts; and

(c) It is therefore highly impracticable and potentially jeopardises patient wellbeing to attempt to change rosters with short notice.

 

AND WHEREAS at a compulsory conference on 27 August 2021 the parties reached an agreement in relation to the dispute and requested that the Commission make orders in terms of that agreement pursuant to s 44(8)(a) of the Act.

 

NOW THEREFORE the Commission, pursuant to the powers conferred under s 44 the Act, hereby orders 

 

1. THAT a trial of the incorporation of the “Disco shift” onto the permanent employee roster to facilitate shift transitions from afternoon to night shift is to be conducted for the roster commencing 31 August 2021 until the end of the roster period for the roster issued on 3 January 2022.

 

2. THAT by no later than 31 October 2021, the respondent will provide the applicant with a list of employees affected by the incorporation of the “Disco shift” onto the permanent employee roster.

 

3. THAT the respondent will conduct a secret ballot of the employees listed in Order (2) above to determine the level of support for continuing the trial roster on a permanent basis. The ballot must remain open for employee participation for at least 7 days and close no later than 5:00pm on 6 December 2021.

 

4. THAT the applicant will not conduct any campaign designed or likely to influence the outcome of the ballot.

 

5. THAT the introduction of “Disco shifts” onto the permanent employee roster will continue on a permanent basis following the ballot unless a majority of employees voting in the ballot vote against its continuation.

 

6. THAT any party may apply to the Commission to convene a conference at short notice under s 44 of the Act for assistance to resolve any dispute which may arise in relation to the conduct of the ballot, or these Orders.

 

 

 

 

 

Senior Commissioner R Cosentino