Page 4055 - Week 13 - Wednesday, 24 November 1993
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Mr Humphries: That is really conciliatory language, is it not?
MR DE DOMENICO: Very conciliatory. Here is another quote from Mr Berry:
Now there comes a point in time where service provision turns into something which could be described as parasitic.
This is modern industrial relations, ACT style, Wayne Berry style. Is it any wonder that we find ourselves in the position we are in now? Mr Berry and Mr Lamont have talked about conciliation; they have not used the word "arbitration".
Let us get back to the point at hand. Visiting medical officers in the ACT had a contract signed off by the Health Department and saying, "We both agree to abide by the rules and conditions as set out in this contract". Both parties must agree or else the contract is null and void. What does the contract say? Let us have a look at what the contract says. Let us read all the lines; let us read all the words. Clause 6, Operating Arrangements, says:
The arbitrator shall determine the processes to be followed in arbitration, shall not be bound to act in a formal manner and shall not be bound by any rules of evidence but may inform himself/herself on any matter in such manner as he/she sees fit.
The arbitrator is not bound by any rules of evidence. One would think that that is not what the Industrial Relations Commission is all about. As I understand it, and I could be incorrect, that is exactly why it cannot go to the Industrial Relations Commission. The Industrial Relations Commission, in so far as this contract is concerned, has no jurisdiction. There is no award involved; there is a contract of service, signed by two parties who when they sign the contract agree to abide by it. That is what it is all about.
Currently, there is no contract because the Industrial Relations Minister, who is also the Health Minister, over the period has met with the AMA face to face, in his own words yesterday, "Once". While we are flying pregnant women into Sydney and Melbourne and it is costing us a fortune, the Minister for Industrial Relations and Minister for Health - the man who looks like Paul Keating and cries like Bob Hawke - comes into this place and says that he has met with them once. He talked about ancient history, about Mr Humphries. When Mr Humphries was Health Minister there was no walkout by visiting medical officers and there was no walkout by nurses. That is another interesting point. Let us see what credibility the Industrial Relations Minister and Health Minister has in the medical community. A press release dated 23 November - yesterday - from the ACT branch of the ANF states:
"ACT Health practices Industrial Relations New Zealand style with a left wing Labor Minister at the helm!!" stated Colleen Duff, secretary of the ANF.
Nurses have been offered to separately negotiate their contracted hours of work. Management are trying to pressure nurses into reducing their hours of work to accommodate the planned roster changes.
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