Health Services Union NSW v Health Secretary in respect of NSW Ambulance (Line Ownership at Wagga Wagga) [2021] NSWIRComm 1053

Industrial Relations Commission New South Wales Medium Neutral Citation: Health Services Union NSW v Health Secretary in respect of NSW Ambulance (Line Ownership at Wagga Wagga) [2021] NSWIRComm 1053 Hearing dates: 22 and 23 February 2021 Date of orders: 7 July 2021 Decision date: 07 July 2021 Jurisdiction: Industrial Relations Commission Before: Commissioner Sloan Decision: The Notification is dismissed Catchwords: EMPLOYMENT AND INDUSTRIAL LAW – Industrial disputes – Relief – historical roster practice of "line ownership" – whether practice a contractual entitlement – whether employer estopped from ceasing practice – whether Commission should otherwise intervene on the basis that the removal of line ownership would be unreasonable Legislation Cited: Industrial Relations Act 1996 (NSW) ss 130, 175 Cases Cited: City of Sydney Wages/Salary Award 2014 (2014) 247 IR 386; [2014] NSWIRComm 49 Con-Stan Industries of Australia Pty Ltd v Norwich Winterthur Insurance (Australia) Ltd (1986) 160 CLR 226; [1986] HCA 14 Health Services Union New South Wales and Ambulance Service of New South Wales [2017] NSWIRComm 1057 Miller Heiman Pty Ltd v Sales Principles Pty Ltd [2017] NSWCA 106 Reckitt Benckiser (Household) Pty Ltd and Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, New South Wales Branch and others [2006] NSWIRComm 41 Waltons Stores (Interstate) Limited v Maher (1988) 164 387; [1988] HCA 7 Texts Cited: Nil Category: Principal judgment Parties: Health Services Union NSW (Notifier) Health Secretary (Respondent) Australian Paramedics Association (NSW) (Intervenor) Representation: O Forsyth-Sells (Notifier) M Easton of Counsel (Respondent) I Latham of Counsel (Intervenor) File Number(s): 2019/295037 Publication restriction: No