DISPUTE RE TERMS AND CONDITIONS OF EMPLOYMENT WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES Australian Medical Association (WA) Incorporated APPLICANT -v- Minister for Health In his Incorporated capacity under Section 7 of the Hospitals and Health Services Act 1927 as the Metropolitan Health Service RESPONDENT CORAM Commissioner S J Kenner DATE TUESDAY, 17 NOVEMBER 2015 FILE NO. PSAC 13 OF 2015 CITATION NO. 2015 WAIRC 01026 Result Recommendation issued Representation Applicant Mr S Bibby Respondent Ms T Sweeney of counsel Recommendation WHEREAS on 3 July 2015 the Association made an application to the Arbitrator for a compulsory conference in relation to a dispute between it and the Department of Health concerning part time anaesthetists employed at Fiona Stanley Hospital; AND WHEREAS issues then in dispute concerned the terms of the part time contracts of employment for the affected employees under cl 25 of the Department of Health Medical Practitioners (Metropolitan Health Services) AMA Industrial Agreement 2013 and an alleged failure by the Department to provide clinical time to practitioners under cl 20(3) of the Agreement; AND WHEREAS an initial conference was convened on 9 July 2015. A further compulsory conference was convened on 9 October 2015. At that conference the Arbitrator was informed that a number of anaesthetists had accepted employment at Fiona Stanley Hospital working on a part time basis under part time contracts of employment under the Agreement. The Department proposed that anaesthetists employed at Fiona Stanley Hospital engaged to work on a 0.8 FTE basis would be required to work at the hospital, and be paid for, 64 hours per fortnight, despite any previous arrangements with the practitioner. Previous arrangements included practitioners working 60 hours per fortnight in the hospital and undertaking non-clinical duties off site. AND WHEREAS the Arbitrator was further informed that practitioners have not been provided with the correct amount of non-clinical time, representing 20% of their duties, as required by cl 23 of the Agreement. Additionally, the Association maintained that if the practitioners are to now work 64 rostered hours per fortnight in accordance with their contracts of employment, then they should receive flexibility from the Department in order to be able to undertake some or all of their non-clinical duties away from the hospital site. This was opposed by the Department; AND WHEREAS at the compulsory conference on 9 October 2015, the Arbitrator requested the parties to undertake an assessment of non-clinical duties performed by practitioners, and the rostered time allocated for these purposes. Furthermore, the Department was requested to respond to the issues raised by the Association on 6 August 2015, in relation to continuing professional development activities and the Association’s proposal regarding the performance of non-clinical duties off-site; AND WHEREAS a further compulsory conference was convened on 16 November 2015. At the conference the parties referred to their contentions in relation to the current allocation of non-clinical duties as set out by the Association on 19 October 2015 and in reply by the Department on 23 October 2015. Further discussion took place between the parties and the Arbitrator in relation to the issues in dispute, including the proposal that the issue of the performance of non-clinical duties be administered and managed by the responsible Head of Department in conjunction with practitioners. Following further conciliation, the Arbitrator indicated to the parties that he would make a recommendation in an endeavour to resolve the existing dispute; NOW THEREFORE the Arbitrator, pursuant to the powers conferred on him under s 44 of the Industrial Relations Act, 1979, hereby recommends – (1) THAT the primary responsibility for the administration of non-clinical time for anaesthetists employed at Fiona Stanley Hospital be the responsible Head of Department in consultation with the practitioners concerned. Further, that such administration is to be carried out with appropriate oversight as may be required by the Hospital Senior Executive. (2) THAT the parties confer on the specific arrangements to apply under par (1) including, but not limited to, matters such as the recording of non-clinical duties and time allocated etc. in order to maintain transparency and accountability. (3) THAT the administration of non-clinical time for anaesthetists in accordance with par (1) be initially implemented on a trial basis for a period of four months, following which the trial will be evaluated by the parties. (4) THAT the compulsory conference otherwise be adjourned to a date to be fixed. COMMISSIONER S J KENNER