The Australian Paramedics Association (the APA) has been conducting an extensive campaign to fit for better wages and conditions for NSW Ambulance Paramedics.  As part of the campaign they had proposed to impose industrial bans between 7am and 7pm today, 1 December 2023. During that time APA members would only respond to Priority 1 (1A, 1B and IC) calls.

The Health Secretary sought orders from the Industrial Relations Commission to prohibit the action on the basis that ‘the proposed industrial action constitutes a risk to the health and safety of the public, as well as having flow-on impact on other health entities and emergency services’ – Health Secretary in respect of NSW Ambulance v Australian Paramedics Association (NSW) [2023] NSWIRComm 1116 (30 November 2023) (Commissioner Webster), [1]).

During conciliation (that is an attempt to bring the parties to agreement) the Commission recommended and the APA accepted that they would respond to ‘category 1 a, b and c, 2 (i) and R4 service calls’ ([3]). The Commission recommended but that APA rejected that the industrial action be limited to one hour.  The APA intended to proceed with the 12 hour stoppage ([3]).

The matter then proceeded to arbitration where the Commission could make binding orders.  Evidence was led by the Ambulance Service as to the number of patients that may be affected and the potential implications for the health service generally. The APA led evidence as to steps that could be taken, and that APA would cooperate with, in order to minimise the impact eg ‘additional people to monitor the jobs not being attended to’ ([12]).   At [15] Commissioner Webster said:

I accept the evidence of Mr Simpson that there are available to the service mitigation strategies to reduce the impact of the industrial action on the public. Further, it is important to that his evidence with respect to the notice given the service and the offers of assistance from the APA were not contested.

The Commission acknowledged the passion and frustration evident in the testimony of the APA witnesses ([31]) but could not accept either that there was no greater risk to patient safety because the health care system already put patients at risk ([26]) or that the action would enhance public safety by increasing the availability of ambulances to respond to priority 1 calls.   Commissioner Webster said (at [29]):

… the APA stated that the impact of patients was acknowledged … That is to say, they know they will be letting down patients, but the bigger picture reason for the industrial action of improving the Service in the long term justifies it. I do not agree. I am concerned that vulnerable people in the community will be significantly impacted by the industrial action. This is an unacceptable consequence of the industrial fall out between the parties.

Finally at [33] the Commissioner said:

The Ambulance Service is an important essential service for the community of NSW. It is not a service that the community can be without for a single day. I acknowledge the APA has designed the scope of the proposed industrial action to ensure that patients experiencing the highest acuity will not be impacted. However, I am also concerned that the industrial action is likely to have an impact on highly vulnerable members of our community, including the elderly… There is a strong public interest in ensuring the health and welfare of people seeking to access the Ambulance Service.

The Commission made orders directing the APA to call off the industrial action that had been scheduled for today. The orders banning the action remain in force until 11 January 2024 ‘six-weeks from now. In [Commissioner Webster’s] view this is long enough for the parties to consider their respective positions and plan for ongoing negotiations’ ([34]).

It should be noted that the other ambulance union, the Health Services Union, is running a campaign asking paramedics not to renew their registration – see Potential consequences of proposed NSW Ambulance industrial action (September 16, 2023).  This case had nothing to do with that action.

This blog is made possible with generous financial support from the Australasian College of Paramedicine, the Australian Paramedics Association (NSW), Natural Hazards Research Australia, NSW Rural Fire Service Association and the NSW SES Volunteers Association. I am responsible for the content in this post including any errors or omissions. Any opinions expressed are mine, and do not necessarily reflect the opinion or understanding of the donors.