C2001/6352, Transcript of Proceedings [2002] AIRCTrans 53 (2 January 2002)

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TRANSCRIPT OF PROCEEDINGS


O/N 1808

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSION BLAIR

C2001/6352

HEALTH SERVICES UNION OF AUSTRALIA

and

SUNSHINE HOSPITAL AND FOOTSCRAY
HOSPITAL - WESTERN HEALTH

Notification pursuant to section 99 of the Act
of an industrial dispute re alleged failure
by management to implement findings of security
review

MELBOURNE

1.36 PM, THURSDAY, 13 DECEMBER 2001

PN1

MR D. HAYNES: I appear on behalf of the Health Services Union of Australia with MS M. COOK, MR S. HUDSON and MR J. MILES.

PN2

MR W. SIMMONS: I appear on behalf of Western Health with MR J. BYRNE, the manager of security and orderly people at Sunshine and MR J LAING, our new security manager for Western Health.

PN3

THE COMMISSIONER: Yes, Mr Haynes.

PN4

MR HAYNES: Thank you, Commissioner. Like many of the matters that you deal with in relation to the HSUA and the public health system, this is a matter that has been before you previously, Commissioner, and I refer you to matter C No. 39974 of 2000. The matter concerns a security review which has been undertaken at Western Health with reference to Footscray Hospital and Sunshine Hospital. The parties, as you may recall, were in dispute last year in relation to the level of security coverage that was being provided at those two hospitals and in settlement of that dispute, Commissioner, the parties agreed to the establishment of a security review which was undertaken by the Public Safety Institute of Australia.

PN5

Commissioner, that was a report that was completed in April of this year and contained a number of recommendations about principles for staffing and about appropriate hardware to be used in relation to security. Commissioner, you may recall in earlier proceedings - and proceedings took place in December of last year and in January of this year - there was considerable discussion about the commitment of the parties to the security review. And, Commissioner, it is my understanding, and this appears to be confirmed by the transcript of that proceedings, that both the HSUA and Western Health committed themselves to appropriate implementation of the recommendations of the security review.

PN6

The concerns that the union has now - and these are concerns that are leading to unrest on the part of our members at Western Health - is that for a long period now Western Health has been sitting on its hands in terms of addressing the recommendations that have been made. The union has been pressing Western Health to further the implementation of the recommendations that have been made. Commissioner, there was a period of time from May of this year in which the union was advised that the first step to be taken by Western Health was the appointment of a security manager and that security manager, Mr Laing, has been appointed and he was appointed in August of this year.

PN7

And we say, Commissioner, that that has been the only substantive step that has been taken by Western Health in furtherance of the security report. So, Commissioner, we have a report that was handed down in April of this year, eight months ago, and which there has not been substantive discussions with the union. Again, Commissioner, at the proceedings on 12 December and again at the report back the parties committed to a process of negotiation in relation to implementation of the findings and it is also my understanding, Commissioner, that the parties undertook to provide the Commission with a copy of the final security review.

PN8

And it is my understanding, Commissioner, that that undertaking was nott fulfilled and that the Commissioner has not been provided with a copy of the security report. Commissioner, in order to complete the record, as it were, and in the absence of this information being provided by Western Health, I now tender a copy of the security review report.

PN9

THE COMMISSIONER: Thank you. Who did you say conducted the review?

PN10

MR HAYNES: It was conducted, sir, by the Public Safety Institute Australia.

EXHIBIT #HSUA1 SECURITY REVIEW REPORT CONDUCTED BY PUBLIC SAFETY INSTITUTE AUSTRALIA

PN11

MR HAYNES: Commissioner, it is not really the first page that gives you an indication as to the identity of this document, it is the second page which is headed Western Health Security Review April 2001. Commissioner, we have had the opportunity of having a discussion with Western Health prior to the proceedings here this afternoon and subject to what Mr Simmons may say after I conclude, it has been agreed between the parties that it would be appropriate for the matter to continue in conference. If the Commission pleases.

PN12

THE COMMISSIONER: Thank you. Yes, Mr Simmons.

PN13

MR SIMMONS: If the Commission pleases. Substantively what has been put to the Commission is in our view correct. We did have a number of early discussions in regards to the review document which there were some items in the recommendations that were agreed to and perhaps during the course of the later discussions I will go to those in more detail. It was decided that a lot of the issues that were being discussed were in fact very much hanging on the appointment of a security manager, that we certainly didn't feel that we were in a position to have some sort of necessary expertise to progress the issues contained in the report, and as my colleague said, we did agree that things would go on hold until that appointment was made.

PN14

That appointment was made in late August this year and there has - I must accept, Mr Commissioner, that there has not been much progress since then other than a fair amount of preparatory policy work that had been undertaken by Mr Laing since his appointment. But in terms of actually dialogue and open discussion with the union that hasn't formally taken place. My colleague also suggests that we have had some discussions outside of coming in here this afternoon and a number of things have been put to the union in terms of progressing in fairly substantial and significant ways the recommendations of the review. So I, Mr Commissioner, would also support that going into conference would be of most value and assistance to the parties at this point in time. If the Commission pleases.

PN15

THE COMMISSIONER: Right. I understand the appointment of the security manager in August but I am just looking at some of these recommendations, management of security function. I mean some of these are fairly simple in terms of getting up and running. Has a security committee been formed.

PN16

MR SIMMONS: No, Mr Commissioner. They were the items that I had alluded to in terms of earlier meetings being agreed to and they ran from the manager of security virtually through the bulk of those recommendation under that management heading, but in fact the implementation hasn't happened. Mr Laing has in the last two weeks also as part of his role now been appointed to do the overall orderly management within the Western campus, but certainly there has been an agreement made with those recommendations but they haven't been actually put in train.

PN17

THE COMMISSIONER: Right. The Commission will go into conference.

NO FURTHER PROCEEDINGS RECORDED

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #HSUA1 SECURITY REVIEW REPORT CONDUCTED BY PUBLIC SAFETY INSTITUTE AUSTRALIA PN11