TASMANIAN INDUSTRIAL COMMISSION

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

Minister Administering the State Service Act 2000
(T9815 of 2001)

and

Health Services Union of Australia,
Tasmania No 1 Branch

Industrial dispute - implementation of bans against the Tasmanian Ambulance Service

REASONS FOR DECISION

(1) On 25 September 2001, the Minister Administering the State Service Act 2000 (the applicant) applied to the President, pursuant to Section 29(1) of the Industrial Relations Act 1984, for a hearing before a Commissioner in respect of an industrial dispute with the Health Services Union of Australia, Tasmania No 1 Branch arising out of the implementation of bans against the Tasmanian Ambulance Service.

(2) The application read in part:

"The Health Services Union of Australia have implemented a range of bans against the Tasmanian Ambulance Service within the Department of Health and Human Services. While some of those bans are administrative, the union have also placed bans on the provision of ambulance services to some sporting events as well as bans on training of volunteer ambulance staff."

(3) The matter was listed for hearing [conciliation conference] on 27 September 2001. Mr P Targett, together with Mr G Lennox appeared for the Minister. Mr T Jacobson, together with Mr T Kleyn and Mr P Hampton, appeared for the union.

(4) Whilst manning arrangements for the proposed Sorell station provided the catalyst for the dispute, it became clear wider issues needed to be addressed. At the conclusion of the conference, the Commission issued a recommendation in the following terms:

"Following a private conference with the parties the following process has been established as the means of resolving this dispute:

1. It is the Government's desire and intent to operate the Sorell station with a combination of paramedic and volunteer staff. Current budget constraints mean that this objective is not able to be realised in the immediate future. The objective does however remain a high priority for the next financial year.

2. It is acknowledged that the Sorell dispute is almost certainly a manifestation of a range of other issues across the service, all of which need to be constructively addressed.

3. To address these issues there shall be established a joint management/union working group known as the Resource Allocation Group. Genuine stakeholders will also be invited to participate in the work of this group.

4. Without limiting the issues that the group may agree to address, the following specific matters will be the subject of consideration:

• Definition of service delivery models including a needs assessment for all areas of the State, examining factors such as population served, ambulance case load and strategic location.

• Recruitment and retention of staff with particular emphasis on rural paramedic positions.

• Relief arrangements for rural paramedics.

• Operating procedures for service delivery models.

• Protocols for consultation on the establishment and changes to station status.

5. The objective shall be to complete the above assessment within six months.

6. There shall be regular report backs to the Commission at monthly intervals. The first report back shall be at 9.30am on Monday 29 October 2001.

7. It is jointly recognised that it will be necessary to recruit and train volunteers for the Sorell station. However this will not be taken beyond the current stage before the first Commission report back.

8. The Government undertakes not to open the Sorell station on a volunteer basis prior to the completion of the above assessment, unless otherwise agreed.

9. I strongly recommend that all bans and limitations be immediately lifted to allow this process to go forward."

(5) The bans were subsequently lifted and the parties entered into detailed negotiations on the issues which had been identified. This process involved regular report backs to the Commission over the ensuing 12 months.

(6) On 21 October 2002 the parties advised that satisfactory progress had been made and requested that the file be closed.

(7) Pursuant to Section 21[2][c] of the Act, these proceedings are discontinued.

Tim Abey
COMMISSIONER

Appearances:
Mr P Targett, Ms J Cox, Ms F Galloway, Mr W Rechberger, Mr G Lennox, for the Minister Administering the State Service Act 2000
Mr T Jacobson, Mr T Kleyn, Mr P Hampton for the Health Services Union of Australia, Tasmania No 1 Branch

Date and Place of Hearing:
2001
September 27
October 29
December 13
2002
February 7
June 11
August 14
October 21