United Voice News
Minister uses legal loop hole in privatisation case
United Voice’s legal appeal to try to prevent the state government from signing a contract with Serco to run services at the new Fiona Stanley hospital, has been turned down by commissioners on a legal technicality.
It does not mean that legal avenues for the union are exhausted. The substantive matter could still be heard at the industrial magistrates court at some point in the next few months.
Dave Kelly, secretary of United Voice, said: “The government has used a sneaky argument to get themselves out of a potentially disastrous situation. They have argued that the minister for health can act in more than one legal capacity and so effectively, the agreement he reached with our members not to privatise their jobs counts for nothing when it comes to the Fiona Stanley contract.
“This is a devious legal strategy but it is no way to negotiate with your work force. In fact it is under hand and now that it has the commission’s backing, it could enable the government to get out of all manner of tight corners in industrial relations.
“This sort of tricky behaviour will not stop our members from continuing their campaign to stop privatisation at Fiona Stanley, Midland Health Campus and other public hospitals.
“We believe that what the Barnett government is doing is illegal and we will be investigating every legal avenue open to us to try to prove it.
“How can you sign a contract which says one thing and then go off and do something quite the opposite?
“We are very concerned about the future for workers and patients at the Fiona Stanley Hospital if it is privatised.
“In our experience, the privatisation of hospital services leads to lower pay, worse conditions and less job security for our workers. It is also has a detrimental effect on patient care.”
United Voice maintains that the government’s decision to privatise 31 services at the Fiona Stanley Hospital is illegal in the light of the agreement it came to with hospital support workers.
The two year pay and conditions deal for hospital support workers including cleaners, orderlies and catering staff, was ratified in October and maintains the no privatisation language present in the previous agreement.
The commissioners had the power to delay the contracts from being signed with Serco until a full hearing at the Industrial Magistrates Court decides whether the government has breached the agreement. This hearing could take place in April or May.
