Public sector EBA arbitration begins

Wednesday 18 Feb 2015

The long-running campaign by public sector members for fair pay is now coming to its conclusion in the WA Industrial Relations Commission, with arbitration running from 23-26 February.

In July 2014, the Commission intervened in response to the continuing industrial action being taken by members (including strikes at SCGH and RPH) and the inflexible approach to negotiations resulting from the Barnett Government's Public Sector Wages Policy.

Resolution of the industrial dispute delivered an interim pay increase of 2.75% from 1 July 2014 and arbitration of the wage rates to be included in the agreement, with effective dates of 1 July 2014 and 1 July 2015 for the increases determined.

The union's claim is for increases of 4% from 1 July 2014 and 5% from 1 July 2015. The Government's claim is for 2.75% from 1 July 2014 and 2.5% from 1 July 2015. The Commission will determine a wage increase as high as the union's claim, as low as the Government's claim, or something in between.

This is the first time in the 20 years, since enterprise bargaining began in 1994, that our pay increases have ended in arbitration.

So what will happen next week? The Health Department has the State's solicitors representing them, and the State Treasury as their key witness.

The union is being represented by lawyers Slater and Gordon and barrister Mark Ritter SC, a former Commission President. We also have seven witnesses, including Secretary Dan Hill representing the union's position, and six members providing evidence.

This will be a 'Commission in Court Session' hearing with three Commissioners (including the Chief Commissioner) sitting as a tribunal. Over the four days, the government and union will present their respective cases, call witnesses, cross-examine witnesses, and respond to questions from the Commissioner. The hearing is open to the public.

The hearing will consider the impact of the industrial action, the contribution of members to health service productivity, what other health workers have been paid, and economic and affordability issues.

We expect the Commission will deliver its decision at a later date, hopefully before the State Budget in May. The decision of the Commission is final and binding. There are no appeal rights.

Thank you to all members who have helped prepare evidence.

We will provide a further update after the hearing.