Health Services Union NSW v the Health Secretary [2020] NSWIRComm 1049

Industrial Relations Commission New South Wales Medium Neutral Citation: Health Services Union NSW v the Health Secretary [2020] NSWIRComm 1049 Hearing dates: 15 June 2020 Date of orders: 8 July 2020 Decision date: 08 July 2020 Jurisdiction: Industrial Relations Commission Before: Chief Commissioner Constant, Commissioner Murphy, Commissioner Webster Decision: Leave to appeal refused Catchwords: APPEAL – principles governing leave to appeal – decision at first instance varied award on application of employer for creation of new classification – no error disclosed in decision – leave to appeal refused Legislation Cited: Health Services Act 1997 (NSW), s 116H Industrial Relations Act 1996 (NSW), ss 130, 188, 191 Cases Cited: Bossak v Health Secretary in respect of Murrumbidgee Local Health District [2020] NSWIRComm 1009 Fire Brigade Employees' Union of NSW (o/b Challinor) v Fire and Rescue NSW [2016] NSWIRComm 1050 House v The King (1936) 55 CLR 499 Knowles v Anglican Church Property Trust (No. 2) (1999) 95 IR 380 at 382 NSW Ministry of Health v Health Services Union New South Wales and anor (No. 2) [2019] NSWIRComm 1081 Texts Cited: Nil Category: Principal judgment Parties: Health Services Union NSW (Appellant) Health Secretary (First Respondent) Australian Paramedics Association (NSW) (Second Respondent) Representation: Mr J Fox, Health Services Union NSW (Appellant) Ms E Raper SC with Mr D Fuller of counsel (First Respondent) Mr T Nabi with Ms B Jacobs, Australian Paramedics Association (NSW) (Second Respondent) File Number(s): 2019/00373452 Publication restriction: Nil Decision under appeal Court or tribunal: Industrial Relations Commission of New South Wales Citation: [2019] NSWIRComm 1081 Date of Decision: 30 October 2019 Before: Commissioner Sloan File Number(s): 2018/00229087