Victorian hospitals appeal against nurses’ protest action

By Dr. Ananya Mandal, MDNov 22 2011

Hospital administrators are planning to appeal to Fair Work Australia (FWA) today urging to change to the order aimed at stopping nurses' work bands. At present nurses are continuing to close hospital beds despite two directives from the industrial umpire.

The Victorian Hospital Industry Association (VHIA) spokesman Alec Djoneff said the association will ask the tribunal to amend the order to cover all unprotected action. He said, “We are confident the full bench would understand that the purpose of an order of a protected action shouldn't be limited to particular unprotected action but to all unprotected action.”

“We want to make adjustments to the order so the ANF can't engage in different protected industrial action from that which is covered in the order,” Mr Djoneff told AAP on Tuesday. “The union has cynically been redefining and recasting its industrial action to avoid what we regard as a clear intent of the order and so we are seeking to put those questions beyond doubt.”

It will be the third application to FWA by VHIA, which is backed by the state government, in its dispute with the nurses, who voted in their thousands on Monday to continue with unprotected industrial action.

The nurses' union says constant legal wrangling in the pay dispute is stalling negotiations. The state secretary of the Australian Nursing Federation (ANF), Lisa Fitzpatrick, says the lack of progress is frustrating. “We're very concerned that the people who need to be around the negotiating table aren't there because they are off either at the Federal Court or briefing lawyers,” she told ABC local radio. “We're getting a little bit worried about who actually has the capacity from the Government to fix this dispute.”

The ANF failed yesterday in its bid to get a stay on a FWA order to stop their unprotected industrial action. However they have won the right to have an expedited hearing on their original challenge to the order before the full bench of the Federal Court.

Health Minister David Davis said it was difficult trying to negotiate with a union that would not obey the law. “I would hope that the ANF union would rethink its reckless approach that is endangering patients,” Mr. Davis told reporters.

Nurses, who will march from the Bourke Street Mall in the Melbourne CBD to Parliament House on Thursday, face having their pay docked, fines of up to $6600 or even jail.

Mr. Davis said, “The Victorian government and hospitals do not wish to deduct pay from nurses but it's clear that the federal laws... require that ... deduction may need to occur…I do not believe that any nurse's pay has been docked.” Mr. Djoneff said hospitals had been advised by the Department of Health not to dock nurses' pay unless there was incontrovertible evidence individuals were flouting Fair Work's orders.

Mr. Djoneff said up to 240 beds were closed in Victorian hospitals on Tuesday with 700 surgical cases cancelled since the industrial campaign started last week. Conciliation talks between the parties are expected to continue at FWA throughout this week.