The Industrial Relations Commission has again intervened in an ongoing industrial dispute between NSW Ambulance (NSWA) and members of the Health Services Union (HSU). This time, members of the HSU at Rutherford Ambulance Station (near Maitland) imposed industrial bans with effect from 20 May 2024.   At 4pm that day, NSWA made an urgent application to the Commission for orders to prohibit the ongoing action – Health Secretary in respect of NSW Ambulance v Health Services Union (NSW) [2024] NSWIRComm 1032, Commissioner Webster.   

In the application NSWA identified (at [4]) that there had been ongoing issues with a new roster.  They said:

NSWA held an urgent meeting with the HSU at 1200 hours 20 May 2024 to further attempt to resolve the matter. The HSU confirmed that:

• Staff at Rutherford station will not work to the roster that was posted on 3 May 2024, which commenced and took effect between 11-19 May. The relevant shift of concern is the second night shift which HSU members would not work to. They instead would work to an HSU endorsed roster, which includes an additional afternoon shift. This action is as per the HSU’s advice received on 15 May.

• Staff at Rutherford would refuse all jobs until NSWA agreed to accept the HSU endorsed rosters (and pay staff who work to the HSU roster). This action was initiated by staff which was as confirmed by HSU in the meeting on 20 May.

• Staff across Hunter New England sector would refuse all R3 jobs, as per HSU’s email on 20 May.

At [7] Commissioner Webster said:

The Health Secretary sought dispute orders from the Commission on an urgent basis and pressed for the matter to be listed for arbitration last night [20 May]. The HSU opposed this. The HSU raised concerns with respect to the futility of the orders being made, because these could not be served on members in the evening in any event. They also submitted that the HSU has serious grievances relating to issues of public safety and health and they would be precluded from effectively putting their position if the matter was to proceed on such an urgent basis. The HSU gave no undertaking that it would cease the industrial action while conciliation was undertaken in respect of the underlying issues that led to the industrial action occurring. Ideally, the Commission would have provided the parties with more time to prepare their cases before determining the matter in arbitration. However, balancing the desirability of this against the risk to public safety alleged by the Health Secretary, I decided that it was appropriate to provide the parties with a short time within which to prepare their case before listing the matter for hearing.

The Health Secretary put on material in support of the application. The HSU did not take part in the arbitration ([8]).  The Secretary’s evidence pointed to the risk to public safety if the Rutherford paramedics refused to respond to all jobs.  They pointed to delayed responses in 29 incidents and that paramedics had responded to an infant in cardiac arrest but that was the only job that they had agreed to respond to ([10]-[12]).  At [19] the Commission said:

There is a strong public interest in ensuring the health and welfare of people seeking to access the Ambulance Service. The uncontested evidence of Mr Wiseman [Associate Director Clinical Operations Hunter New England Sector] was that those interests were being compromised by the industrial action being undertaken. The evidence in respect of public harm was most relevant and of greatest concern in respect of the industrial action being taken by paramedics by not responding to all jobs. It is important to observe that Ambulance NSW has in place systems and processes to mitigate these risks and provide services to people in need. However, I accepted the uncontested evidence of Mr Wiseman that it is not possible to sufficiently mitigate the risk to the community that bans of this type and duration causes because the level of participation in the industrial action cannot be known in advance and impacts on workload to other staffing areas:…

The Commission also agreed that it was inconsistent with the industrial relations scheme for a union to commence industrial action ‘without first attempting to resolve these issues through the processes available through the Commission’ ([23]).

The Commission made the orders sought directing the HSU to withdraw the bans and to communicate to its members by 5:45pm on 21 May that the bans are to be withdrawn.

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.