Ters v Secretary of the Ministry of Health in respect of South Western Sydney Local Health District [2022] NSWIRComm 1034

Industrial Relations Commission New South Wales Medium Neutral Citation: Ters v Secretary of the Ministry of Health in respect of South Western Sydney Local Health District [2022] NSWIRComm 1034 Hearing dates: 11 April 2022 Date of orders: 4 May 2022 Decision date: 04 May 2022 Jurisdiction: Industrial Relations Commission Before: Commissioner Webster Decision: The application in matter 2021/179129 is dismissed. Catchwords: EMPLOYMENT AND INDUSTRIAL LAW – Victimisation – notice of motion seeking the matter be dismissed – whether the respondent is the applicant's employer – whether the respondent must be the applicant's employer when relief is ordered - consideration of the Commission's powers to make orders to enforce victimisation provisions – the respondent was and remains the applicant's employer - the Commission does not have power to make the order sought – no reasonable cause of action Legislation Cited: Health Services Act 1997 (NSW) s 116H Industrial Relations Act 1996 (NSW) ss 162, 210, 213 Interpretation Act 1987 (NSW) ss 33, 35 Uniform Civil Procedure Rules 2005 (NSW) r 13.4 Cases Cited: Baker v Australian Workers Union [2005] NSWlRComm 1225 Barnier v Secretary, Department of Education [2021] NSWIRComm 1045 Bull v Attorney General (NSW) (1913) 17 CLR 370 Certain Lloyd's Underwriters v Cross (2012) 248 CLR 378 Child Protection (Working with Children) Award 2014 249 IR 420 CIC Insurance Ltd v Bankstown Football Club Ltd (1997) 187 CLR 384 Cooper v Human Rights and Equal Opportunity Commission (1999) 93 FCR 1076 General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125 Public Service Association of NSW (o/b Morawsky) v Department of Justice [2017] NSWIRComm 1059 Rahman v Health Secretary in respect of the Sydney Local Health District and the South West Sydney Local Health District [2021] NSWIRComm 1065 Silsbury v Health Secretary in respect of Western Sydney Local Health District [2021] NSWIRComm 1004 Texts Cited: The Macquarie Online Dictionary Category: Procedural rulings Parties: Mary Ters (applicant)(respondent in the notice of motion)