Australian Medical Association says push to stop union advice a grim prognosis for nation #qldpol #smoqld #keepourdoctors
The Australian Medical Association fears the Queensland government’s unprecedented attempt to stop unions from providing advice to members and its introduction of individual contracts for public hospital doctors could embolden other states to follow its example.
This week, Queensland Health will launch legal action in the Federal Court to stop the AMA, the Australian Salaried Medical Officers Federation (ASMOF) and Together, another union representing senior doctors, from passing on what is says is inaccurate information to its members.
“It is unheard of for an employer to assert that a union, by talking to its members … is engaging in misleading and deceptive conduct. ”
The unions have provided advice to senior salaried doctors about the government’s introduction of individual contracts to override collective bargaining agreements.
AMA national president Steve Hambleton said the threat of an injunction against organisations representing doctors was ”extraordinary”.
”I have honestly tried to fairly and accurately communicate the changes to my members,” he said.
Dr Hambleton said he was concerned the Queensland government’s decision to force senior doctors onto individual contracts could set a national example.
”If unfair contracts are allowed to get up in Queensland, it could embolden other states,” Dr Hambleton said.
Charles Massy, a lawyer from Hall Payne Lawyers in Brisbane, said the Queensland government is alleging the unions are engaging in misleading and deceptive conduct.
”Proceedings of this kind are unprecedented,” he said. ”It is unheard of for an employer to assert that a union, by talking to its members about an industrial dispute, is engaging in misleading and deceptive conduct within the meaning of the Federal Competition and Consumer Act.”
ASMOF federal president Tony Sara said unions should be free to seek independent legal advice and distribute it to members.
Alex Scott, of Together, said doctors had threatened to resign en masse from the public hospital system over the contracts, which originally allowed the government to sack them without a need to show cause. He said the government’s proposal to import doctors from overseas would have a lag time of six to 12 months
Ian Maynard, Queensland Health’s director-general, said the injunction being sought related to specific material on union websites that was ”dressed up as legal advice”.
”The injunction is not to stop unions talking to their members,” he said. ”But the information they convey to doctors needs to be accurate and factual.”
Mr Maynard said the 20 to 30 doctors that ASMOF says have already resigned over the new contracts are part of the regular flow of resignations each year.