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Posted: 2022-11-23 21:45:46

Western Australia's industrial umpire has ordered the state's nurses to call off planned industrial action – an instruction that will almost certainly be ignored.

At a hearing in WA's Industrial Relations Commission (IRC) yesterday, the Australian Nursing Federation's (ANF) WA branch also revealed the only sticking point left in its long-running and chaotic negotiations for a new pay and conditions deal was base wages.

After changing its position a number of times, the union's latest demand is a 5 per cent pay rise each year.

The government's current base pay offer is the higher of either a 3 per cent or a $3,120 raise a year.

A woman in a red dress speaks to the media watched by a man in a suit
Health Minister Amber-Jade Sanderson has been critical of the industrial action. (ABC News: Keane Bourke)

In a bid to force the government's hand, the union earlier this week announced plans for a statewide strike on Friday, a move that was met with swift and sharp criticism from the government yesterday.

In ordering Friday's strike be called off, the IRC described the union's plans as "hastily organised without proper planning or consideration of the protection of the Western Australian community".

It noted the Health Department had told the IRC it could not consider the request for a 5 per cent pay rise before the strike, and asked the union to call it off.

A large crowd of nurses holding signs calling for nurse-to-patient ratios.
Nurses just want fair pay and reasonable workloads, their union says.(AAP Image: Richard Wainwright)

Senior commissioner Rachel Cosentino said there was a "serious and significant risk the planned industrial action will compromise public health and safety", because the department had not been given enough time to mitigate against possible impacts having been given details just 42 hours before the strike was planned to begin.

It followed Health Minister Amber-Jade Sanderson yesterday announcing that all category two and three surgeries planned for Thursday and Friday would be postponed.

"This action is unpredictable and it's unacceptable," Health Department director-general David Russell-Weisz said alongside the minister yesterday.

A man in a suit and tie speaks at a press conference.
The Health Department's David Russell-Weisz says the action is "unacceptable". (ABC News: Keane Bourke)

Speaking outside the IRC yesterday afternoon, ANF WA secretary Janet Reah said patients would "of course" be looked after.

"Nurses do not want to strike. They want to be paid fairly, they want reasonable workloads," she said.

"And this government keeps annoying the nurses and escalating things further.

"I'm sorry, Mr McGowan and your cabinet, we've had enough and we are rallying Friday and we are striking. Bring it on."

Union fails to convince IRC

But Ms Cosentino was not convinced by the union's arguments inside the IRC.

"Little weight can be given to the ANF's claim that employees will voluntarily refrain from striking, or will voluntarily work to ensure patient safety, while the ANF also asserts that its membership is unified and determined to take industrial action," she wrote.

"The very point of the industrial action is for it to have impacts."

The proposed strike has the backing of the doctors' union, the Australian Medical Association (AMA).

AMA WA branch president Mark Duncan-Smith said it was "unfortunate that it's had to come to this," but said he supported in the ANF.

A man in a white shirt with a black and gold tie looks to the side while sitting at a desk with a glass top.
Mark Duncan-Smith threw his organisation's support behind the nurses. (ABC News: Keane Bourke)

"I think the cancellation of elective surgery from a public perspective should be looked at as a short-term pain for long-term gain," he said.

"The long-term gain is actually to have a hospital system that is attractive to healthcare professions, where the McGowan government is a preferred employer, which currently it is not.

"There's not much point having a hospital system if we have no nurses in it, and that will mean there'll be no surgery in the future, unless they have a deal where they feel valued."

Transport providers under microscope

At the end of her decision, Commissioner Cosentino noted the ANF's indications it would contravene her orders to call off the strike.

She said she would "consider summonsing any transport provider to a conference at the commission" to order that those companies do not aid the ANF in contravening its instructions.

"Whether such step is necessary will depend on whether the ANF complies with these orders," the decision read.

A visibly frustrated Ms Reah yesterday told reporters she was "disgusted" because "the conference ended with the government wanting to get details of a private bus company" hired to take nurses to a planned rally at Parliament House.

It is unclear whether the state government specifically asked for the details of the company.

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