TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s.29 application for hearing of industrial dispute

Minister Administering the Tasmanian State Service Act 1984
(T.3133 of 1991)

and

Health Services Union of Australia
Tasmania No 1 Branch

Industrial Dispute - Imposition of bans

REASONS FOR DECISION

This application notified the Commission that general attendant members of the Health Services Union No 1 Branch (HSU) at the Royal Hobart Hospital had imposed bans on "handling dead bodies" until a date for the hearing of their "special case" by the Commission had been set down. The notification went further to indicate that the bans would not be removed until the special case had been heard.

After hearing from the employer and employee representatives, the hearing was adjourned to enable private discussions to take place. HSU representatives were asked to convey to their members that

(1)  no date could be given for their special case to be heard as it would be included with a host of other special case claims to be considered in the award restructuring process and

(2)  they should resume their normal duties.

The hearing was reconvened on 18 June at which the Commission was informed that the attendants had reaffirmed their decision to impose the bans. The employer requested the Commission to issue an order in accordance with Section 31 of the Act directing that the bans be lifted and that the attendants resume their normal duties.

The hearing again adjourned to enable the issues to be further discussed in private conference.

The decision to ban any work connected with the handling of dead bodies at the Royal Hobart Hospital is a particularly distasteful way of bringing to the attention of the Commission, and the public, the attendants' impatience with the speed at which these matters are being resolved. But distasteful or not, such action will not ensure that the attendants' case is scheduled to be heard more quickly than it would have been heard in the normal course of events. It must be recognised that the award restructuring task in the public sector is quite substantial and every effort is being made to ensure that outcomes occur in a measured way.

It must be made clear to all parties involved in the general public service award restructuring exercise that at this stage, no case can or will be given special treatment or priority as to timing. Claims in respect of attendants will have to be considered in the context of the award restructuring processes affecting the public sector as a whole. It is not possible at this stage to give any indication as to when those cases can be heard and concluded.

In the circumstances I strongly recommend to the HSU and its members at the Royal Hobart Hospital that the bans currently in place be lifted immediately. I further recommend that the employer immediately provide adequate human resources to commence, together with the employee organisations involved, a thorough review of the attendants' special case claim, including the work value component, with the aim of developing an agreed-facts document to facilitate resolution of the special case during the award restructuring process.

F D Westwood
PRESIDENT

Appearances:
Mr R Warwick and Mr C Stringer for the Health Services Union of Australia, Tasmania No 1 Branch.
Mr P Mazengarb with Mr P Aitken (14/6/91) and with Mr R Hunt (18/6/91) for the Tasmanian Public Service Association.
Mr R Hughes with Mr M Watson and Mr A Pearce (14/6/91) and with Mr S Kerr (18/6/91) appearing for the Minister Administering the Tasmanian State Service Act 1984.

Date and Place of Hearing:
1991
Hobart
June 14
June 18