Ambulance Service of NSW and Health Services Union NSW (No 2) [2012] NSWIRComm 115

STATEMENT AND RECOMMENDATION 1In Ambulance Service of NSW and Health Services Union NSW [2012] NSWIRComm 111, a Recommendation and Statement made by Staff J on 9 October 2012, his Honour made a number of recommendations in conciliation proceedings aimed at resolving industrial disputes between the Health Services Union NSW ("HSU") and the Ambulance Service of New South Wales ("ASNSW"). The dispute concerned rostering arrangements at regional ambulance stations. The recommendations followed some five days involving conciliation and two days of inspections at Casino, Yamba and Rozelle. 2His Honour's recommendations were preceded by a number of observations regarding the rosters proposed by ASNSW, referred to as "rural roster reforms": [48] I have earlier set out the relevant clause of the Award that permits 8 hour shift rosters. [49] The rural roster reforms are designed to address what were described as "fundamental problems", to which reference has been earlier made. [50] The Commission acknowledges that there has been significant concern and apprehension expressed by the HSU and many ambulance officers in respect of the introduction of the rural reform rosters. However, on balance, it accepts the contentions of the AS that the reforms will lead to more efficient delivery of service and reduced fatigue through less call outs. It was acknowledged by the AS that change is not easy and will affect some officers more than others. [51] It is essential however, that such change is managed carefully and sympathetically by the AS. In order for there to be a reduction in disturbances while on call, it is important that the AS actively pursues with the various Health Authorities attempts to mitigate non-urgent transfers between midnight and 8.00am. If this does not occur, it may result in hardship for officers who are on call because of the potential of greater disturbances. It may also give rise to increased fatigue. It will also increase costs. [52] It is also essential that the AS ensure that hospitals and health services in the various zones understand the rationale behind the rural reform rosters. These organisations should be encouraged to utilise day and afternoon shifts when seeking non-urgent transfers from the AS. [53] Unless there is clearly demonstrated a lack of resources to work 8 hour shifts, roster reform should not result initially in staff enhancements. [54] The history of this matter, as set out in this statement, does not support the contention of the HSU that there has been a lack of genuine consultation by the AS with the HSU in respect of the proposed changes to the rosters. Discussions commenced in January 2012 and have proceeded to date with the assistance of the Commission. Although no agreement has been reached, in my view, there has been genuine consultation. On the material before me, cl 42 of the Award has been complied with by the AS. 3His Honour's recommendations were in the following terms: [55] I make recommendations that these disputes be resolved as follows: