Paramedics and Control Centre Officers (State) Award (Clarification of Orders) [2021] NSWIRComm 1050

Industrial Relations Commission New South Wales Medium Neutral Citation: Paramedics and Control Centre Officers (State) Award (Clarification of Orders) [2021] NSWIRComm 1050 Hearing dates: Determined on the papers Date of orders: 30 June 2021 Decision date: 30 June 2021 Jurisdiction: Industrial Relations Commission Before: Chief Commissioner Constant, Commissioner Murphy and Commissioner Sloan Decision: Order made on 3 May 2021 corrected pursuant to r 2.5(e) of the Industrial Relations Commission Rules 2009 Catchwords: EMPLOYMENT AND INDUSTRIAL LAW – Awards – clarification of orders made in earlier decision Legislation Cited: Health Services Act 1997 (NSW) s 116A Industrial Relations Act 1996 (NSW) s 79 Industrial Relations Commission Rules 2009 r 2.5 Industrial Relations (Public Sector Conditions of Employment) Regulation 2014 (NSW) cl 6 Cases Cited: Applications for Variations to Crown Employees (Police Officers – 2017) Award and Paramedics and Control Centre Officers (State) Award [2021] NSWIRComm 1040 Category: Consequential orders Parties: Australian Paramedics Association (NSW) (Applicant) Health Secretary (Respondent) Health Services Union NSW (Respondent) Representation: I Latham of Counsel (Applicant) J McDonald of Counsel (Health Secretary) S Hatter (HSU) File Number(s): 2020/160506 Publication restriction: No

decision 1. On 3 May 2021 the Full Bench handed down its decision in Applications for Variations to Crown Employees (Police Officers – 2017) Award and Paramedics and Control Centre Officers (State) Award [2021] NSWIRComm 1040 ("Decision"). The Decision determined applications which had been made for increases to the salaries and salary-related allowances in the two awards referred to in the title of the Decision. 2. In respect of the Paramedics and Control Centre Officers (State) Award ("Paramedics Award"), the Full Bench made the following orders: "319. The Commission orders that: … (2) there be a 0.3% increase to the salaries and salary-related allowances in the Paramedics and Control Centre Officers (State) Award, with such increase to take effect from the first full pay period on or after 1 July 2020; and (3) employees covered by the Paramedics and Control Centre Officers (State) Award receive a payment equal to the difference between $1,000 and 0.3% of their annual base salary under that Award at the rate immediately prior to the increase required by Order (2), such payment to be made within 28 days." 1. The parties disagree as to the effect of the order contained at [319(3)] of the Decision ("Order (3)"), and in particular to whom and on what basis the payment required by Order (3) ("Payment") is to be paid. The disagreement centres on three questions: 1. whether the Payment is confined to persons employed under the Paramedics Award as at the date the order was made, namely 3 May 2021, or is payable to any such persons employed in the financial year commencing 1 July 2020; 2. whether the Payment is to be pro-rated for part-time and casual employees; and 3. whether Patient Transport Officers ("PTOs") have an entitlement to the Payment. 1. Each of the Australian Paramedics Association (NSW) ("APA"), the Health Secretary and the Health Services Union New South Wales ("HSU") filed written submissions on these questions, on the basis that the Full Bench would determine them "on the papers". We do not propose to summarise exhaustively the submissions received. Suffice it to say, they have been carefully considered.