Australian Salaried Medical Officers' Federation (NSW) v The Secretary, NSW Health (No 1) [2021] NSWIRComm 1047

Industrial Relations Commission New South Wales Medium Neutral Citation: Australian Salaried Medical Officers' Federation (NSW) v The Secretary, NSW Health (No 1) [2021] NSWIRComm 1047 Hearing dates: 24 May 2021 Date of orders: 24 June 2021 Decision date: 24 June 2021 Jurisdiction: Industrial Relations Commission Before: Commissioner Webster Decision: Application to dismiss the proceedings is dismissed. Catchwords: Industrial dispute – Variation to award as relief – Application to vary definition of registrar – Application to dismiss matter on the basis of the relief sought –Whether subject matter of these proceedings is the same as the 2020 wages case – Whether regulations require consideration of whether 2.5% increase is sought on an individual employee basis – Application to dismiss the matter is dismissed – Merits of the matter to be determined Legislation Cited: Industrial Relations Act 1996 (NSW), ss 15, 17, 130, 136, 146C Industrial Relations (Public Sector Conditions of Employment) Regulation 2014, reg 6 Cases Cited: Crown Employees (Public-Sector – Salaries 2020) Award Matters and Other Matters (No 2) [2020] NSW IRComm 1066 IRC Secretary, NSW Ministry of Health v Health Services Union NSW [2018] NSWIRComm 1007 NSW Ministry of Health v Health Service Union New South Wales and anor [2019] NSWIRComm 1035 Secretary of The Treasury v Public Service Association & Professional Officers' Association Amalgamated Union of NSW [2014] NSWCA 138; 89 NSWLR 688; 244 IR 44 Secretary, Ministry of Health (NSW) v Health Service Union (NSW) [2018] NSWIRComm 1007 Re NSW Health Service Allied Health Assistants (State) Award [2018] NSWIRComm 1023 Child Protection (Working with Children) Award 2014 (2015) 249 IR 420; [2015] NSWIRComm 8 Category: Procedural rulings Parties: Australian Salaried Medical Officers' Federation (NSW) (notifier) The Secretary, NSW Health (respondent) Health Services Union of NSW (intervenor) Representation: Counsel: L Doust (for the notifier) M Seck SC with M Foran (for the respondent)