Health Employees’ Conditions of Employment (State) Award 2018 (Infectious Cleaning Allowance) [2021] NSWIRComm 1049

Industrial Relations Commission New South Wales Medium Neutral Citation: Health Employees' Conditions of Employment (State) Award 2018 (Infectious Cleaning Allowance) [2021] NSWIRComm 1049 Hearing dates: 19 November 2020, further conciliation concluded 1 February 2021 Date of orders: 30 June 2021 Decision date: 30 June 2021 Jurisdiction: Industrial Relations Commission Before: Chief Commissioner Constant, Commissioner Sloan and Commissioner Webster Decision: In so far as the Variation Application seeks amendments to cl 32 of the Award, it is dismissed. Amendments to cl 32 proposed pursuant to s 19 of the Industrial Relations Act 1996. Directions made. Catchwords: EMPLOYMENT AND INDUSTRIAL LAW – Awards and enterprise agreements – Section 19 Review – Interpretation – scope and application of clause allowing for infectious cleaning allowance – consideration of changes required under a s 19 review – whether additional variations ought to be made under s 17 – amended version of clause proposed for consideration Legislation Cited: Industrial Relations Act 1996 ss 3, 10, 17, 19, 146, Pt 3 Industrial Relations (Public Sector Conditions of Employment) Regulation 2014 cl 6 Cases Cited: Application for Crown Employees (Public Sector – Salaries 2020) Award and Other Matters (No 2) [2020] NSWIRComm 1066 Applications for Variations to Crown Employees (Police Officers – 2017) Award and Paramedics and Control Centre Officers (State) Award [2021] NSWIRComm 1040 Bole v Horton (1672) 124 ER 1113 Crown Employees (Public Service Conditions of Employment) Award 1997 [2001] NSWIRComm 22 Fernando v Minister for Immigration & Multicultural Affairs [1999] FCA 1375 Health Services Union NSW v Ministry of Health; re infectious cleaning allowances [2018] NSWIRComm 1009 Kucks v CSR Ltd (1996) 66 IR 182 Ministry of Health v Health Services Union NSW [2018] NSWIRComm 1045 Mitchforce Pty Ltd v Starkey (No.2) [2003] NSWIRComm 458 Principles for Review of Awards – State Decision 1998 (1998) 85 IR 38; [1998] NSWIRComm 661 Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales v Secretary of the Treasury [2014] NSWIRComm 23 Re Hotel &c Employees (State) Award [2001] NSWIRComm 284 State Wage Case 2019 [2019] NSWIRComm 1065 Category: Principal judgment Parties: Health Secretary (Applicant) Health Services Union New South Wales (Respondent) Representation: Counsel: M Whitbread (Applicant) T Slevin (Respondent) File Number(s): 2019/280470 Publication restriction: No