LEVEL OF DUTIES                                                                                                     WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES The Minister for Health in his incorporated capacity under s.7 of the Hospitals and Health Services Act 1927 (WA) as the Hospitals formerly comprised in the Metropolitan Health Service Board

APPLICANT

-v-

The Health Services Union of Western Australia (Union of Workers)

RESPONDENT

CORAM PUBLIC SERVICE ARBITRATOR

 Acting Senior Commissioner P E Scott

DATE Friday, 10 February 2012

FILE NO PSACR 21 OF 2010

CITATION NO. 2012 WAIRC 00078

Result Order and Direction Issued

Order and Direction

WHEREAS this is a matter referred for hearing and determination pursuant to s44 of the Industrial Relations Act 1979; and

WHEREAS the parties have agreed that directions should issue in respect of programming matters associated with the hearing, and have agreed to the terms of those directions; and

WHEREAS the Public Service Arbitrator (the Arbitrator) is of the opinion that the issuing of the directions agreed by the parties will assist in the conduct of the hearing of the matter;

NOW THEREFORE, the Arbitrator, pursuant to the powers conferred under the Industrial Relations Act 1979, hereby:

A. Orders that the direction issued by the Arbitrator on 11 November 2011 [2011 WAIRC 01015] be and is hereby rescinded.

B. Directs:

1. THAT the parties file a statement of agreed matters and facts by Thursday, 23 February 2012, that:

(a)          Identifies the names of all the persons who have previously filed a claim for reclassification, and that the parties agree, come within the scope of the matter, whose effective date will be the date that they first filed their claim (Group 1);

(b)          Identifies the names of all the persons who have not previously filed a claim for reclassification but that the parties agree come within the scope of the matter and the agreed effective date of their claim (Group 2);

(c)          Establishes the Health sites and Departments that are relevant to the matter;
 

(d)          Identifies the different classes of positions that are the subject of the claim;

(e)          Establishes the process upon which the parties will expedite the arbitration of reclassification claims;

(f)           Identifies the positions that have been selected as representative frontline clerical positions that are to be the subject of arbitration.

2. THAT the respondent file in the Commission and serve upon the applicant, witness statements for the witnesses it intends to rely upon by Monday, 26 March 2012.

3. THAT the applicant file in the Commission and serve upon the respondent, witness statements for the witnesses it intends to rely upon by Monday, 23 April 2012.

4. THAT the witness statements filed by the parties are to stand as the evidence in chief except the respondent may further examine its witnesses on matters that arise from the applicant’s statements and the applicant may further examine its witnesses on further matters that arise through the examination of the respondent’s witnesses that it could not have reasonably anticipated.

5. THAT the applicant and respondent file in the Commission a Book of Agreed documents by Monday, 14 May 2012.

6. THAT the parties file in the Commission a further Statement of Agreed Facts by Monday, 14 May 2012.

7. THAT the parties provide a schedule of workplaces to be inspected and a proposed timetable for inspections by Monday, 14 May 2012.

8. THAT each of the parties files in the Commission and serve upon the other an outline of the submissions and any authorities that each intends to make by Monday, 21 May 2012.

9. THAT the Arbitrator conducts inspections of workplaces that are relevant to the proceedings on the following days:

• Monday, 28 May 2012;

• Tuesday, 29 May 2012;

• Wednesday, 30 May 2012;

• Thursday, 31 May 2012; and

• Tuesday, 5 June 2012.

10. THAT the Arbitrator hears the matter on the following days:

• Tuesday, 12 June 2012;

• Wednesday, 13 June 2012;

• Thursday, 14 June 2012;

• Monday, 18 June 2012;

• Tuesday, 19 June 2012;

• Wednesday, 20 June 2012;

• Thursday, 21 June 2012;

• Tuesday, 26 June 2012;

• Wednesday, 27 June 2012; and

• Thursday, 28 June 2012.

11. In relation to the reclassification applications by Waitlist Clerks at Sir Charles Gairdner Hospital (ref: R08-116) directs:

(a)          THAT the respondent file in the Commission and serve upon the applicant, a written statement of the facts upon which the respondent relies to support the appeal and supporting witness statements by Tuesday, 10 April 2012.

(b)          THAT the applicant file in the Commission and serve upon the respondent, a written statement of the facts upon which the applicant relies to support the appeal and supporting witness statements by Tuesday, 17 April 2012.

(c)          THAT the Arbitrator hears the matter in so far as it relates to Waitlist Clerks at Sir Charles Gairdner Hospital on the following days:

• Wednesday, 2 May 2012; and

• Thursday, 3 May 2012.

12. THAT there be liberty to apply.

ACTING SENIOR COMMISSIONER P E SCOTT

PUBLIC SERVICE ARBITRATOR