The union’s barrister Thomas Dixon said the strikes were “not designed to support” the psychiatrists’ claims but to advance doctors’ concerns “more generally”.
“Why does it matter why you’re striking?” Chin asked Dixon, adding it was a requirement under the state’s industrial relations act to comply with the commission’s orders.
Dixon said that, while union members, the psychiatrists had no control over actions by the wider membership, and would be “affected by a decision they may oppose”.
Chin suggested the union “just hasn’t thought through the implications of its resolution” to defy the orders.
“I can’t speculate on that,” Dixon said. “The mass resignations had the potential to affect service delivery in NSW … it’s in everyone’s interests to dissolve the psych dispute expeditiously.”
In an affidavit submitted to the court, ASMOF NSW executive director Andrew Holland said the union could contact psychiatrists to advise them to not participate in the strike.
Dan Fuller, the barrister representing NSW Health, said that was “just not good enough”.
“Unlawful industrial action should be reason enough to dismiss this proceeding,” Fuller said.
Chin reminded the union’s lawyers on at least four occasions that they could not participate in arbitration while simultaneously organising industrial action.
“You can’t have both. Full stop,” Chin said.
Loading
The commission’s full bench – comprising Kite, Chin and Senior Commissioner Nichola Constant – ordered the union to provide written confirmation they would back down from the strike by 9am on Friday.
Otherwise, the hearing would be cancelled and the psychiatrists’ case would not be heard again until the following Friday, when the commission would decide whether arbitration could continue.
Hospitals issue warning
In an email sent to medical staff at several Sydney hospitals on Thursday, hospital executives warned the strike had “the potential to negatively impact upon patients” and they could be reported to state and national healthcare watchdogs if they walked off the job.
The Herald revealed on Tuesday that thousands of doctors across the state were planning a three-day strike.
If it proceeds, it will be the first time in NSW history that both junior and senior medical officers from across specialties have walked out on NSW hospitals.
Cut through the noise of federal politics with news, views and expert analysis. Subscribers can sign up to our weekly Inside Politics newsletter.
