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Legislative Council - Fifty-Fourth Parliament, Second Session (54-2)
2021-11-18 Daily Xml
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Women's and Children's Hospital

The Hon. C. BONAROS (14:35): I seek leave to make a brief explanation before asking the Minister for Health and Wellbeing a question about doctors at the Women's and Children's Hospital.

Leave granted.

The Hon. C. BONAROS: In what has been called a major victory for our tireless public health doctors, the Employment Tribunal this week ruled in favour of doctors being allowed to take industrial action at the WCH, saying the planned work bans would not pose a serious risk to patients. In doing so, it rejected a bid by the Women's and Children's Health Network to stop the doctors' union from undertaking work bans in the paediatric emergency department.

In making his determination, the tribunal's Deputy President, Magistrate Stephen Lieschke, refused to prohibit proposed industrial action at the WCH by SASMOA because he had not been convinced it would cause any major harm, saying it might in fact do the opposite. Mr Lieschke said the evidence before him did not support the Women's and Children's Health Network's submission that SASMOA's members had:

…exaggerated their concerns over patient safety and their own health.

To the contrary their evidence demonstrates their genuine professional concern over the health and safety of patients who have to wait to be seen in their department, and the deep widespread distress and fatigue caused by the current working arrangements.

My questions to the minister are:

1. Do you agree with the network submission that SASMOA's members had 'exaggerated their concerns over patient safety and their own health'?

2. If so, what evidence do you have to support such an insulting statement?

3. If not, will you demand that the Women's and Children's Health Network apologise to those doctors?

The PRESIDENT: Before calling the Treasurer, I would just remind the Hon. Ms Bonaros that one of those questions at least sought an opinion from the minister. The Treasurer is going to take the call.

The Hon. C. Bonaros: I will retract the word 'insulting.' I will leave that to the—

The PRESIDENT: No; it is beyond standing orders.

The Hon. C. Bonaros: I said I will retract the word 'insulting.'

The PRESIDENT: Anyway, the Treasurer has the call.

The Hon. R.I. LUCAS (Treasurer) (14:38): As the minister for industrial relations I am responsible for the ongoing attempted negotiation with SASMOA in relation to a fair and reasonable enterprise agreement and we are continuing to endeavour to achieve that. As the industrial relations minister, I am also responsible for the South Australian Employment Tribunal to which the honourable member has referred, and to Mr Lieschke and his comments.

Certainly, actions that either agencies, or parts of agencies, or networks in this case—local health networks—take in relation to proposed industrial action, the agencies or the industrial relations section of Treasury are simply seeking to ensure that any industrial action taken does not impact in any harmful way in relation to the patients and patient safety and, in some cases, staff safety as well.

In some cases the Employment Tribunal and their representatives, either commissioners or the tribunal themselves, have ruled that various attempted industrial actions might place patient safety at risk and therefore have ordered unions not to proceed.

I suspect the actions that were being taken, if I can move aside from the language that might have been used—and I do not have the detail of the language to which the honourable member has referred—are seeking to, in essence, get a ruling as to whether or not they agree with a view that I take it in this case the network believed that there may be some risk to patient safety by action being taken.

In some cases, the Employment Tribunal rules to say to the union that they cannot proceed with industrial action in that particular form, that they can proceed in a different way. The UWU claim, in relation to cleaning rubbish bins and the like, that they were authorised to take certain actions but not other actions. In this particular case there appears to have been a ruling by the tribunal that the tribunal member was not convinced that patient safety in particular was at risk.

In relation to the flavour and nature of the various statements that might have been made in the tribunal hearing, I am happy to take advice. As I said, I am the responsible minister. More importantly, as the minister representing the government, I remain open to trying to see a sensible, reasonable settlement of enterprise bargaining arrangements, and I believe, as is always my case, I have been asked to meet with the leadership of SASMOA tomorrow afternoon, and I readily agreed on the first request to meet with them to listen to any concerns they might have. As industrial relations minister I do not recall—

The Hon. E.S. Bourke: You might meet with your new leadership team.

The Hon. R.I. LUCAS: I am happy to meet with union bosses on any occasion, as the Hon. Ms Bourke knows. I meet often with the shoppies union bosses and others. We have very cordial and convivial discussions on frequent occasions.

In relation to SASMOA, the more important issue is trying to settle the ongoing agreement. I will not repeat what the minister has said on innumerable occasions, and that is that the main concern SASMOA has raised, not just in relation to the Women's and Children's Hospital but generally, is that their priority is not salaries and wages, it is resources. The minister has outlined the massive increase in resources.

What I have said to SASMOA and I will say to them tomorrow, is, 'We've heard what you've asked us to do, you've said to us your priority isn't salaries, your priority is increasing of resources', and I will be able to outline to them, as the minister has done here, the massive increase in resources that this government has provided to the health system generally and continues to provide post this budget this year by way of further resources and responses.

As always, I will be open to a friendly discussion that, if they can think of better and more efficient ways of spending the massive increase in resources that we are providing to achieve better outcomes, the minister and I and the government are always open to good suggestions, and I am always happy to talk with the leadership of the union.

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