Application by Health Services Union NSW for NSW Ambulance On-Call Related Transitional Benefits Award [2021] NSWIRComm 1003

Industrial Relations Commission New South Wales Medium Neutral Citation: Application by Health Services Union NSW for NSW Ambulance On-Call Related Transitional Benefits Award [2021] NSWIRComm 1003 Hearing dates: 9 and 10 September 2020 Date of orders: 29 January 2021 Decision date: 29 January 2021 Jurisdiction: Industrial Relations Commission Before: Chief Commissioner Constant, Commissioner Murphy and Commissioner Sloan Decision: Matter 2019/199124 is dismissed. Leave is reserved to the HSU to apply on reasonable notice to have matter 2018/359122 relisted if the Commission's further assistance is required in respect of the Notification. If the HSU does not contact the Registry prior to 26 February 2021 seeking to have the matter relisted or an extension of time, the file will be closed administratively. Catchwords: EMPLOYMENT AND INDUSTRIAL LAW – Awards and enterprise agreements – Approval and creation – application for new award to compensate employees for loss of on call allowance and overtime following workplace changes – whether special case made out for making of award Legislation Cited: Health Services Act 1997 (NSW) s 116 Industrial Relations Act 1996 (NSW) ss 3, 10, 130, 136, 146, 146C Industrial Relations (Public Sector Conditions of Employment) Regulation 2014 (NSW) cll 6, 8, 9 Cases Cited: City of Sydney Wages/Salary Award 2014 (2014) 247 IR 386; [2014] NSWIRComm 49 Re Crown Employees (Christmas, New Year and Easter Half-Day Award [1991] 39 IR 440 Re Operational Ambulance Officers (State) Award (2001) 113 IR 384; [2001] NSWIRComm 331 Re Pastoral Industry (State) Award (2001) 104 IR 168; [2000] NSWIRComm 27 State Wage Case 2019 [2019] NSWIRComm 1065 Application for Crown Employees (Public Sector – Salaries 2020) Award and Other Matters (No 2) [2020] NSWIRComm 1066 Re Crown Employees (New South Wales Department of Family and Community Services) Residential Centre Support Services Staff Award 2015 [2017] NSWIRComm 1058 Category: Principal judgment Parties: Health Services Union NSW (Applicant) Health Secretary (Respondent) Australian Paramedics Association (NSW) (Intervener) Representation: J Fox (Applicant) D Fuller of Counsel (Respondent) T Kiat (Intervener) File Number(s): 2018/359122 and 2019/199124 Publication restriction: No