MEDICUS May 2022

M AY 2 0 2 2 M E D I C U S 7 W O R K P L A C E R E L A T I O N S T he transition of Peel Health Campus (PHC) from private provider Ramsay Health Care to a South Metropolitan Health Service (SMHS) state-run hospital, is scheduled to occur in 2023. The AMA (WA) has been advised that doctors employed or contracted to provide services at PHC by Ramsay will be offered the opportunity to transition to employment or service provision, when management of the hospital transfers to SMHS. The way in which you are currently engaged by Ramsay will dictate how you will be affected by the transfer. Calling all PHC employees… What we know ƒ SMHS has advised the AMA (WA) that all current Ramsay PHC employees will be offered employment at SMHS Peel Health Campus. However, there are no transfer-of-business provisions that provide for a protected transition of employment entitlements and conditions from Ramsay to SMHS. ƒ In order to transition, you will be required to accept employment at SMHS and resign from Ramsay. Ramsay-accrued entitlements (e.g. long service and annual leave) will be paid out on termination with the private healthcare provider. ƒ The AMA (WA) understands that Ramsay employees’ contract length will be honoured in SMHS employment offers. This means permanent Ramsay employees will be offered permanent employment at the SMHS-operated Peel Health Campus. ƒ The SMHS Transition Team is currently undertaking a classification exercise to establish prospective SMHS employee position classifications at an SMHS-operated Peel Health Campus. What we are seeking to establish The AMA (WA) is awaiting guidance on: ƒ how SMHS proposes to manage accrued personal leave and professional development leave; ƒ what action will be taken by SMHS to offset the impact (e.g. loss of superannuation, or income tax) for any doctor who has leave paid out on termination with Ramsay, in the event they seek employment at the SMHS- operated Peel Health Campus; ƒ how doctors already employed at SMHS, or other WA Health services would be impacted by seeking employment at the SMHS-operated hospital. Docs on alert as Peel Health Campus transition begins Contractors providing services at Ramsay’s Peel Health Campus The AMA (WA) has applied to the ACCC for a collective bargaining class exemption on behalf of medical practitioner contractors at Peel Health Campus, to collectively bargain with SMHS. This has the effect of providing the doctors who meet the class exemption eligibility criteria with protection from legal action under certain competition laws. The AMA (WA) will contact members who provide services at Ramsay’s Peel Health Campus, to advise them on what steps the AMA (WA) will be taking on their behalf to secure the transition to SMHS. ■ What next? ƒ At this stage, the AMA (WA) strongly recommends doctors do not sign a contract for employment at SMHS’ Peel Health Campus, or resign from Ramsay’s Peel Health Campus, without seeking our advice first. ƒ The AMA (WA) is engaged in ongoing discussions with Ramsay representatives and the SMHS Peel Health Campus Transformation Team about various issues relating to the impending transfer of services. To help determine whether you are an employee or contractor, read https://bit.ly/3sBfDlu for more information, or contact the AMA (WA) on (08) 9273 3000 .