T3015
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Minister Administering the Tasmanian State Service Act 1984 and Health Services Union of Australia
REASONS FOR DECISION When this matter was last before me on 3 May 1991 I adjourned the hearing to enable further discussions to take place. At the request of the applicant, this matter has been reconvened. The application was made by the Minister Administering the Tasmanian State Service Act 1984 (MATSSA) (the employer) arising out of a dispute between the employer and specifically the Department of Health and the Hospital Employees' Federation of Australia, Tasmania Branch now the Health Services Union of Australia, Tasmania No. 1 Branch (HSUA) (the union). Initially the union imposed bans on the transfer of orthopaedic surgical equipment from the North West Regional Hospital (NWRH) (Mersey Division) to the Burnie Division. When, through a Government decision, certain health services were relocated from the Mersey Division to the Burnie Division. After lifting the bans for a while I was informed that union members reimposed them when they received a circular stating that ear, nose and throat operating sessions would cease at the Mersey Division from the week commencing 24 June 1991. Additional bans were then imposed which included: (1) the non-processing of all patients accounts; (2) no retrospective charging once bans are lifted; (3) no pharmacy charges for patients scripts; (4) attendants not charging for equipment on loan. It is not my intention to go over all the finer detail of this dispute as that can be gained from the transcript, but its important that conclusions be drawn from the submissions presented. The evidence shows that the Government in recent times has taken decisions to rationalise and regionalise health care services in this state. As part of that programme, as well as coping with a reduction in the health care budget, certain services were transferred from the NWRH - Mersey Division to the Burnie Division. It must be said that this dispute is over the union members perceived loss of certain health care services to the Latrobe community. Nothing was put to me during the course of the hearing that would have me believe that the relocation of these services had any effect on the essential elements of the employees contract of service and I note there has been no retrenchments at the NWRH - Mersey Division as a result of these decisions. I am convinced that the bans and limitations imposed by members of the union are nothing more than a protest against a decision of the Government and the NWRH Board to relocate certain health care services. One could be forgiven for thinking that the campaign being orchestrated by certain HSUA members in the North West Health Region is synonomous with the aims and objectives of the "Save our Hospital Committee". To that extent the industrial campaign being waged is nothing more than a political exercise, as it has nothing to do with the wage rates or conditions of employment applying to the employees imposing the bans. If people are unhappy about decisions taken by Governments, then, in a democracy, they are entitled to express their disapproval in an appropriate manner, and in the final analysis, reflect that view in the ballot box. The imposition of these bans is an inappropriate method of expressing ones dissatisfaction with a Government decision and a misuse of industrial power. It is worth remembering that the cost of this political campaign is being borne by the taxpayer to the tune of approximately $27,000 per week as a result of union members not processing patient accounts and charging for pharmacy scripts. This amount was not disputed during the course of the hearing. It is not open to the Commission to change the Government's or the NWRH Board's policy decision in this area. That decision has no effect on the employer/employee relationship nor the contract of employment. The primary issue giving rise to this dispute is not an industrial matter within the meaning of the Industrial Relations Act 1984, that being the case I strongly recommend that all bans and limitations imposed by members of the Health Services Union of Australia Tasmania No. 1 Branch at divisions of the North West Regional Hospital be lifted without delay. I further request that this recommendation be brought to the union members' attention by the officials of the Health Services Union of Australia Tasmania No. 1 Branch.
R J Watling Appearances: Date and place of hearing: |