A FEDERAL judge has ordered Queensland Health’s legal action against unions and doctors be heard in court tomorrow. #qldpol #smoqld #keepourdoctors
Federal Court of Australia Justice Andrew Greenwood today determined he would bring forward the ongoing spat between the Newman Government and unions and the Queensland branch of the Australian Medical Association.
Queensland Health told The Courier-Mail today that it could not secure an urgent hearing to stop the groups from spreading “misinformation’’ about the contracts crisis.
The matter is set down for 9.30am tomorrow.
It was originally to be heard on May 6.
Earlier, The Courier-Mail reported the Newman Government will use a law that protects consumer’s from dodgy goods and services in its fight with doctors over the contracts dispute.
Queensland Health has accused unions and the Queensland branch of the Australian Medical Association of contravening Australian Consumer Law (ACL) by “engaging in misleading conduct’’.
Queensland Health has filed an application in the Federal Court of Australia to seek an injunction against material being circulated by six respondents, including the AMAQ.
The four-page claim seeks to have information the groups have posted about contracts removed from websites and no longer circulated to staff.
The AMAQ has published that the legislative changes removed protection from unfair dismissal, that binding arbitration had now been removed from dispute resolution, that there was no additional loading for night duty and that there was no certainty to employment.
The legal application is set to be heard on May 6 before Justice Andrew Greenwood.
Details of the claim, obtained by The Courier-Mail, reveals that Queensland Health has sought an injunction to; “restrain the respondents from publishing or disseminating information or advice, which contravenes…the Australian Consumer Law, to all or any of the employees of the applicants, or prospective employees of the applicants’’.
It also requires the respondents to; “withdraw from public viewing, or public accessibility; remove from any and all to the websites owned, managed or controlled by the respondents; and take all such action available to the respondents to remove from public accessibility generally, the information or advice, which contravenes…the Australian Consumer Law’’.
The application said the respondents have breached section 31, Schedule 2 of the Australian Consumer Law – Misleading conduct relating to employment.
AMAQ president-elect Shaun Rudd said he was disappointed with the Government.
“AMA Queensland is disappointed that the Queensland Government has opted to take Federal Court action rather than return to the negotiating table,” Dr Rudd said.
“This threat of an injunction does not move us any closer to producing a fair and equitable employment contract for senior medical officers.
“Queensland’s health system is already in turmoil and legal delays will not improve the situation.
“AMA Queensland urges the Department of Health to focus its time and energy on solving this dispute before it impacts on patients.”
Source: Courier Mail