New South Wales Nurses and Midwives’ Association (on behalf of Kaur) v Health Secretary in respect of the Western Sydney Local Health District [2021] NSWIRComm 1084

Industrial Relations Commission New South Wales Medium Neutral Citation: New South Wales Nurses and Midwives' Association (on behalf of Kaur) v Health Secretary in respect of the Western Sydney Local Health District [2021] NSWIRComm 1084 Hearing dates: 22 October 2021 Date of orders: 22 October 2021 Decision date: 22 October 2021 Jurisdiction: Industrial Relations Commission Before: Commissioner Sloan Decision: The Motion is dismissed Catchwords: EMPLOYMENT AND INDUSTRIAL LAW – Industrial disputes – Relief – application for interim orders – whether orders required to maintain "status quo" pursuant to award – whether other grounds made out for granting of interlocutory relief Legislation Cited: Government Sector Employment Act 2013 s 68 Industrial Relations Act 1996 ss 3, 89, 100D, 100C, 130, 136, 137, 146, 163 Workplace Injury Management and Workers Compensation Act 1998 s 49 Cases Cited: Australian Broadcasting Commission v O'Neill (2006) 227 CLR 57; [2006] HCA 46 Australian Services Union and Sydney Water Corporation [2005] NSWIRComm 156 Barrier Industrial Council dispute with Broken Hill Chamber of Commerce and Others re Breach of Award and The Construction, Forestry, Mining and Energy Union (New South Wales Branch) dispute with Broken Hill Chamber of Commerce and Others re alleged breach of Award [2002] NSWIRComm 232 Broken Hill Chamber of Commerce and CFMEU (NSW Branch) [2002] NSWIRComm 244 New South Wales Nurses and Midwives' Association v Health Secretary on behalf of Western NSW Local Health District [2019] NSWIRComm 1025 Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales on behalf of Pearcey, Barnett and Woelfl v Department of Attorney General and Justice - Corrective Services NSW [2012] NSWIRComm 33 Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales (obo Brown) v Industrial Relations Secretary on behalf of the Department of Communities and Justice [2021] NSWIRComm 1060 Sydney Water Corporation and Australian Services Union (New South Wales and Australian Capital Territory Branch) (2005) 146 IR 388; [2005] NSWIRComm 305 Texts Cited: Nil Category: Procedural rulings Parties: New South Wales Nurses and Midwives' Association (Notifier) Health Secretary (Respondent) Representation: M Dunstan, NSWNMA (Notifier) D Holmes, WSLHD (Respondent) File Number(s): 2021/169140, 2021/198799 and 2021/259579 Publication restriction: No