C2001/3247, Transcript of Proceedings [2001] AIRCTrans 1467 (11 July 2001)

AUSCRIPT PTY LTD
ABN 76 082 664 220

Level 4, 179 Queen St MELBOURNE Vic 3000
(GPO Box 1114J MELBOURNE Vic 3001)
DX 305 Melbourne Tel:[phone] Fax:[phone]

TRANSCRIPT OF PROCEEDINGS


O/N 7076

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER BLAIR

C2001/3247

PENINSULA HEALTH CARE NETWORK
AND ANOTHER

and

THE AUSTRALIAN NURSING FEDERATION

Notification pursuant to section 99 of the Act
of a dispute re closure of beds within the
rehabilitation unit of Peninsula Health

MELBOURNE

10.06 AM, TUESDAY, 19 JUNE 2001

PN1

MR C. HICKS: I appear for the Victorian Hospitals Industrial Association. Appearing with me today, Commissioner, is Mr M. DAWSON-SMITH, Human Resource Manager of Peninsula Health.

PN2

MR P. CORDOVA: I appear for the ANF.

PN3

THE COMMISSIONER: Mr Hicks.

PN4

MR HICKS: Thank you, Commissioner. Commissioner, the parties have had the opportunity of having some discussions prior to the hearing today and in terms of potential process this morning what we would foreshadow would be some brief statements made to the record and then subject to the Commission being in agreement seeking to adjourn the matter into conference. Commissioner, the section 99 notification was made by the VHIA on behalf of Peninsula Health. It relates to the rehabilitation unit of Peninsula Health which is now located in Golf Links Road.

PN5

Commissioner, briefly, just some history. The rehabilitation unit, up until February this year was a 24-bed unit located at the Mt Eliza Geriatric Campus of Peninsula Health. There had been, over a period of time, consultation between hospital management, the ANF and HSUA concerning the relocation of those rehabilitation services to a new purpose-built facility at Golf Links Road. Principally, it is a purpose-built rehabilitation facility. The facility at Golf Links Road, Commissioner, has been designed around a 30-bed model and the situation we essentially find ourselves in, Commissioner, is that there appears to be a dispute with regard to what should be appropriate staffing levels having regard to a 30-bed rehabilitation unit.

PN6

The organisation's views, Commissioner, are that at the - whilst the 24-bed unit located at the Mt Eliza facility, there were various staff ratios in place which at that particular time were actually in excess of the levels the Commission required in its August 31st decision. In the Commission's August 31st decision Mt Eliza was listed as a "D" Aged Care Facility. However, it was recognised by hospital management that in the context of the acuity and the patient type in this particular ward that a greater ratio was required.

PN7

With regard to rehabilitation generally, Commissioner, the Commission would be familiar that the ANF themselves have a claim before the Commission for ratios in rehabilitation and indeed the VHIA have similarly put to the ANF and also provided to the Commission what it would see as being appropriate ratios with regard to aged care - sorry, rehabilitation wards. Putting those matters aside, Commissioner, where we find ourselves today is that management has been advised that the staff of the facility at the Golf Links Road, on the basis of the staffing arrangements that are in place today, would not be prepared to see any additional staff be admitted to that particular area - patients, I should say.

PN8

THE COMMISSIONER: I was going to say.

PN9

MR HICKS: That is having some implications for the service as a whole and that we are seeing some cancellation of elective surgery. In fact, there has been some ambulance bypass. And as I understand last night, Commissioner, there were some nine individuals in the acute wards at Frankston Hospital who could otherwise have been admitted to the rehabilitation unit obviously freed up some demand at the acute setting.

PN10

However, we would necessarily foreshadow in terms of how we can progress this matter that your decision or recommendation yesterday provides for a particular process in terms of dealing with what will inevitably be, I suppose, an allocation issue.

PN11

To paint the picture for you, Commissioner, Peninsula Health Service, in its entirety to meet the ratios and other EFT requirements of the August 31st decision, would require some 129 EFT of additional nurses. Peninsula Health understands that it will get an allocation in the vicinity of some 57 nurses. So I suppose where we see ourselves is that 57 and 129, we are looking at around 50 per cent of what eventual - of what needs are. And so the question then becomes if there are staff demands for additional resources in the new Golf Links facility, in terms of prioritising those demands with regard to other areas within Peninsula Health that may, too, equally have workload considerations that they would say would be necessitating additional EFT, how the agency is to, at a local level, distribute that.

PN12

The Commission would also note that in its further recommendation yesterday that the environment within which the Commission contemplated that process to occur was an environment in which there would be no industrial action contemplated, indeed bed closures. Having said that, Commissioner, we would see that the most pragmatic way of dealing with this dispute at this point in time would be to adjourn the matters to conference and seek the Commission's assistance in that particular forum. If it pleases.

PN13

THE COMMISSIONER: Thank you. Mr Cordova.

PN14

MR CORDOVA: Sir, I think probably the best way forward at this point is to reserve my right to respond to those points at a future time and request that the matter proceed to conference.

PN15

THE COMMISSIONER: All right, thank you. We will go into conference, thank you.

OFF THE RECORD

RESUMED [10.38am]

PN16

THE COMMISSIONER: Having had a conference with the parties the Commission would strongly recommend the following:

PN17

(1) That the 30-bed unit at Golf Links Road be open as a 30-bed unit.

PN18

(2) That the night shift nurse that was removed be replaced on a without prejudice basis the same as the opening up of the 30-beds is done on a without prejudice basis from either of the parties.

PN19

(3) The parties will follow the process that was identified in yesterday's, that is 18 June 2001, recommendation dealing with the August 2000 decision. There are a number of issues that have been identified by the ANF that need to be discussed. They include but not limited to the support services available after 4 pm. The access to Allied Health Services are only two of those issues identified by the ANF.

PN20

(4) The parties will deal with those issues as stated through that process identified in yesterday's recommendations.

PN21

(5) If at the end of the day the additional nurse that will be put back on night shift is still required then so be it. If it is not required and that is identified through the discussions process then also so be it.

PN22

(6) If the parties are unable to reach an agreement, firstly, there are to be no bed closures; secondly, there is to be no unilateral decision to withdraw that additional nurse on night shift; the parties will have the matter referred back to the Commission and the Commission will remain available to assist them.

PN23

Is that clear?

PN24

MR HICKS: Yes, Commissioner.

PN25

MR CORDOVA: Yes.

PN26

THE COMMISSIONER: Okay. Thank you. The Commission stands adjourned. Thank you very much.

ADJOURNED INDEFINITELY [10.40am]