Fair Work Commission intervenes for a second time in mental health clinic-union nurse pay clash

A bitter clash has continued between Hobart’s only private inpatient mental health clinic and a union enmeshed in a nurse pay rise fight. But the end might soon be in sight >

The Hobart Clinic at Rokeby.

A bitter clash has continued between Hobart’s only private inpatient mental health clinic and a union enmeshed in a nurse pay rise fight – with the Fair Work Commission stepping in.

The Hobart Clinic at Rokeby, set within seven acres of gardens, has 27 beds for people dealing with depression, anxiety, mood disorders, personality disorders, substance use addictions and suicidal ideation.

For months, the Health and Community Services Union (HACSU) has been in tense negotiations with the clinic over an enterprise bargaining agreement, for increased pay rates for its approximately 50 nurses.

Earlier this year, the Fair Work Commission (FWC) suspended the HACSU’s industrial action – finding its actions could potentially endanger the safety – or even the lives – of patients.

The clinic argued at that time its patients were vulnerable and easily felt unsafe – and could be triggered by nurses wearing badges and other union campaign gear.

The clinic said if a nurse referred to potential strike action, this could be heard or perceived by a patient as “abandonment” – and could potentially even trigger self-harm.

Now, the FWC has again intervened following another protracted stoush – ruling HACSU was only permitted to meet with nurses in their staff team room.

This dispute arose after a HACSU organiser held discussions with employees in the nurses’ station – a “hub” where clinical staff manages patient treatment and access patient records.

Former Hobart Clinic patient Eilish Bremner-Wojtowicz and HACSU State Secretary Robbie Moore. Picture: Chris Kidd

HACSU argued the “handover” area, where staff sometimes took breaks and ate meals, should be a spot where it could meet with its members – but this was fought back against by the clinic.

The FWC said given the “absence of agreement”, only the staff tea room should be used for discussions.

HACSU state secretary Robbie Moore told the Mercury the union was “very unhappy” with both of the FWC decisions – but said luckily, the Hobart Clinic had recently come back with a new offer for staff.

“We’ve been very disappointed at both of those decisions – industrial actions as well as right of entry – we think they’re restricting workers’ rights. If workers can’t even wear a badge, then what can they do?” Mr Moore said.

“We’re very unhappy that Fair Work have said we can’t talk to staff where they spend most of their time.”

He said the argument that patient lives could be at risk from staff members wearing badges was “bizarre”.

“The reality is the nurses are professionals – they would never do anything that jeopardised their patients,” Mr Moore said.

“They work in this industry because they care about them. It was ridiculous, and we saw patients speaking out in support of the workers.”

The Hobart Clinic has been contacted for comment.

It is expected the clinic and HACSU will meet this week to discuss the revised offer.

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