Broken Hill Town Employees’ Union v Health Secretary (Temporary Employment in Broken Hill Health Service) [2021] NSWIRComm 1025

Industrial Relations Commission New South Wales Medium Neutral Citation: Broken Hill Town Employees' Union v Health Secretary (Temporary Employment in Broken Hill Health Service) [2021] NSWIRComm 1025 Hearing dates: 23 March 2021 Date of orders: 23 March 2021 Decision date: 23 March 2021 Jurisdiction: Industrial Relations Commission Before: Commissioner Sloan Decision: The proceedings are dismissed Catchwords: EMPLOYMENT AND INDUSTRIAL LAW – Industrial disputes – whether industrial agreement between the parties is to be taken as regulating temporary employment – whether, if not, a separate industrial instrument applies to the parties Legislation Cited: Area Health Services Act 1986 (NSW) s 26 Commonwealth Conciliation and Arbitration Act 1904 (Cth) s 4 Health Administration Act 1982 (NSW) s 21 Industrial Relations Act 1996 (NSW) ss 6, 10, 130, 175 Public Hospitals Act 1929 (NSW) s 40BA Cases Cited: Amalgamated Metal Workers' and Shipwrights Union and Ors v BHP Pty Ltd Whyalla and Anor (1982) 5 IR 69 Federated Clerks' Union of Australia & Anor v Victorian Employers' Federation & Ors (1984) 8 IR 157 Health Services Union New South Wales v Health Secretary on behalf of Northern NSW Local Health District [2019] NSWIRComm 1055 The Australasian Meat Industry Employees Union v Teys Bros (Biloela) Pty Ltd and Ors (Australian Industrial Relations Commission, Bacon C, 17 November 2005, unrep) Category: Principal judgment Parties: Broken Hill Town Employees' Union (Notifier) Health Secretary (Respondent) Representation: A Knox (Notifier) M Whitbread of Counsel (Respondent) File Number(s): 2020/83407 Publication restriction: No