1 00:00:00,200 --> 00:00:04,000 Speaker 1: Self employed midwives have won their long fought legal battle overpay. 2 00:00:04,280 --> 00:00:06,400 Speaker 1: The High Court has ruled in their favor today, ruling 3 00:00:06,400 --> 00:00:08,440 Speaker 1: that the Crown breached its promise to make sure they 4 00:00:08,440 --> 00:00:10,719 Speaker 1: were paid fairly and reasonably. In the College of Midwives 5 00:00:10,840 --> 00:00:14,400 Speaker 1: Chief Executive Allison Eddie is with us hi, Allison Hi. There, 6 00:00:14,480 --> 00:00:16,680 Speaker 1: so what does fair and reasonable pay then mean? 7 00:00:18,079 --> 00:00:21,040 Speaker 2: Well, fair and reasonable with what any health professional, any 8 00:00:21,040 --> 00:00:23,799 Speaker 2: person should expect to get paid. And the court considered 9 00:00:23,840 --> 00:00:26,439 Speaker 2: a range of evidence from a number of experts and 10 00:00:26,840 --> 00:00:30,040 Speaker 2: reports commissioned by the government. Actually as part of the 11 00:00:30,080 --> 00:00:33,000 Speaker 2: process we've been working through with them to determine what 12 00:00:33,040 --> 00:00:35,640 Speaker 2: that was. So they have put a sum on it, 13 00:00:35,840 --> 00:00:37,479 Speaker 2: and I can't tell her off the top of my 14 00:00:37,440 --> 00:00:39,199 Speaker 2: here what it is. It's in the judgment, but it's 15 00:00:39,240 --> 00:00:43,440 Speaker 2: based on fair and reasonable pay based on comparators, you know, 16 00:00:43,720 --> 00:00:47,320 Speaker 2: reasonable comparators that recognize the value of the work that 17 00:00:47,440 --> 00:00:49,760 Speaker 2: midwives do and the fact that they're self employed and 18 00:00:49,840 --> 00:00:53,440 Speaker 2: have to carry the cost of that and providing a 19 00:00:53,479 --> 00:00:56,720 Speaker 2: twenty four to seven service three hundred and sixty five 20 00:00:56,800 --> 00:00:57,320 Speaker 2: days a year. 21 00:00:57,600 --> 00:00:59,960 Speaker 1: So what happens next, does the government automatically bump up 22 00:01:00,080 --> 00:01:00,400 Speaker 1: the pay? 23 00:01:01,520 --> 00:01:05,520 Speaker 2: Well, today, the Crown has appealed the finding, which you 24 00:01:05,520 --> 00:01:07,399 Speaker 2: know does not surprise us. It would have been nice 25 00:01:07,440 --> 00:01:09,720 Speaker 2: to have given us at least a day to enjoy it, 26 00:01:10,720 --> 00:01:13,559 Speaker 2: but they you know, the finding is a significant one. 27 00:01:13,640 --> 00:01:15,800 Speaker 2: You know, it's found that the Crown has breached its 28 00:01:15,800 --> 00:01:20,120 Speaker 2: contractual promise to the midwives to ensure that they received 29 00:01:20,120 --> 00:01:22,399 Speaker 2: this fair and reasonable pay and that they would have 30 00:01:22,440 --> 00:01:25,760 Speaker 2: a new contract model in place by July twenty twenty, 31 00:01:25,840 --> 00:01:28,720 Speaker 2: you know, nearly six years ago. And that was really 32 00:01:28,800 --> 00:01:30,640 Speaker 2: one of the key reasons why we took the case, 33 00:01:30,680 --> 00:01:33,200 Speaker 2: because the contract model that midwives are working under is 34 00:01:33,440 --> 00:01:37,360 Speaker 2: actually really outdated, and the Crown has found that or 35 00:01:37,560 --> 00:01:39,880 Speaker 2: the judge has found that it's actually illegal and it's 36 00:01:40,280 --> 00:01:43,680 Speaker 2: actually breaching midwise human rights and is awarded each of 37 00:01:43,720 --> 00:01:47,720 Speaker 2: them midwives in the claim a thousand dollars inherent loss 38 00:01:47,720 --> 00:01:51,520 Speaker 2: of dignity payment in recognition of that breach of the 39 00:01:51,680 --> 00:01:55,560 Speaker 2: human rights, which is actually reflects the experience that midwives 40 00:01:55,560 --> 00:01:57,600 Speaker 2: have had for many years and how they've been treated. 41 00:01:57,760 --> 00:01:59,240 Speaker 1: If this goes you, I mean, I realize we've got 42 00:01:59,240 --> 00:02:00,800 Speaker 1: the appeal now to get through, but if this does 43 00:02:00,880 --> 00:02:02,680 Speaker 1: end up going your way, do you think it will 44 00:02:02,840 --> 00:02:04,960 Speaker 1: entice more women to and men if they want to 45 00:02:05,080 --> 00:02:05,960 Speaker 1: join the workforce. 46 00:02:06,960 --> 00:02:09,240 Speaker 2: We absolutely hope so, and you know that's at the 47 00:02:09,280 --> 00:02:12,040 Speaker 2: heart of this. It's actually obviously it's about midwives, but 48 00:02:12,080 --> 00:02:15,040 Speaker 2: it's actually about women and babies being able to access midwives. 49 00:02:15,040 --> 00:02:18,720 Speaker 2: We've had an incredible shortage, We've had challenges around sustainability 50 00:02:18,760 --> 00:02:21,839 Speaker 2: for our profession and you know, we simply can't can't 51 00:02:21,880 --> 00:02:24,120 Speaker 2: stand that we have to have a service. Women deserve 52 00:02:24,160 --> 00:02:26,360 Speaker 2: a service, and we want midwives to be properly and 53 00:02:26,400 --> 00:02:29,680 Speaker 2: fairly treated, fairly paid, and have the same rights to 54 00:02:29,720 --> 00:02:32,480 Speaker 2: negotiate their conditions as other health professionals do so that 55 00:02:32,919 --> 00:02:35,639 Speaker 2: we can retain them and attract people to be midwives. 56 00:02:36,240 --> 00:02:38,120 Speaker 1: Allison, thank you very much, appreciate your time. Mate. This 57 00:02:38,160 --> 00:02:41,520 Speaker 1: is Alison any College of Midwives Chief Executive. For more 58 00:02:41,560 --> 00:02:44,880 Speaker 1: from Heather Duplessy Allen Drive, listen live to news talks 59 00:02:44,919 --> 00:02:48,120 Speaker 1: that'd be from four pm weekdays, or follow the podcast 60 00:02:48,200 --> 00:02:49,200 Speaker 1: on iHeartRadio.