Industrial Relations Commission New South Wales Medium Neutral Citation: Secretary, Ministry of Health in respect of NSW Health Service, NSW Health Pathology Division v Health Services Union NSW [2020] NSWIRComm 1047 Hearing dates: 14 October, 12 November, 9, 20 December 2019, 20 January, 11, 18 February, 10, 24 March, 6 April and 12 May 2020 Date of orders: 12 May 2020 Decision date: 12 May 2020 Jurisdiction: Industrial Relations Commission Before: Commissioner Stanton Decision: AWARD VARIED Catchwords: INDUSTRIAL DISPUTE –- Health Employees Conditions of Employment (State) Award 2019 - Mortuary Technicians working within Forensic Mortuaries operated by NSW Health Service, NSW Health Pathology Employment Division - agreement on inclusion of two new classifications, Forensic Mortuary Technician and Senior Forensic Mortuary Technician – variation to Clause 12, Special Working Conditions to exclude payment of handling nauseous linen allowance - requirements of Industrial Relations Act 1996 considered – Award varied Legislation Cited: Industrial Relations Act 1996 Category: Principal judgment Parties: Secretary, Ministry of Health in respect of NSW Health Service, NSW Health Pathology Division Health Services Union NSW Representation: Ms Babu for the Secretary, Ministry of Health with Mr Gautray Mr Edghill for the Health Services Union NSW File Number(s): IRC 2019/316363 Decision 1. This matter concerns an application filed by the Secretary, Ministry of Health to vary the Health Employees Conditions of Employment (State) Award 2019 (the Award) in settlement of an industrial dispute filed on 10 October 2019. The respondent is the Health Services Union NSW. 2. The dispute was subject to comprehensive conciliation proceedings on 14 October, 12 November, 9 and 20 December 2019, 20 January, 11 and 18 February, 10 and 24 March, 6 April and 12 May 2020 when the above application to vary the Award was made pursuant to s 17 of the Industrial Relations Act 1996. 3. Ms Babu appeared for the Secretary, Ministry of Health in respect of NSW Health Service, NSW Health Pathology Division with Mr Gautray. Mr Edghill appeared for the Health Services Union NSW. 4. The application seeks to vary Clause 12, Special Working Conditions by amending sub paragraph (iii) so as to exclude Forensic Mortuary Technicians and Senior Forensic Mortuary Technicians from payment of the handling of nauseous linen allowance applicable under Item 12 of the allowances applicable under Part B – Monetary Rates of the Award: (iii) Employees, other than the Forensic Mortuary Technician and the Senior Forensic Mortuary Technician classifications, shall be paid an allowance as set out in Item 12 of Table 1 for each shift or part thereof during which they are engaged in handling linen of a nauseous nature other than linen sealed in bags. 1. The variations sought are consequential following variation of the Health Employees (State) Award 2019 to include two new classifications, Forensic Mortuary Technician and Senior Forensic Mortuary Technician. 2. I am satisfied that the material presented to the Commission adequately demonstrates that the variations sought comply with all necessary statutory tests including the requirements of s 23 of the Act in that they provide for equal remuneration and other conditions of employment for male and female employees doing work of equal or comparable value. 3. The variations shall operate from the beginning of the first full pay period commencing on or after 1 January 2020. J D Stanton Commissioner ********** DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 25 June 2020