Application for NSW Ambulance Safe Paramedic Crewing Award [2022] NSWIRComm 1037

Industrial Relations Commission New South Wales Medium Neutral Citation: Application for NSW Ambulance Safe Paramedic Crewing Award [2022] NSWIRComm 1037 Hearing dates: 15, 16 and 17 November 2021, 5 April 2022 Date of orders: 27 May 2022 Decision date: 27 May 2022 Jurisdiction: Industrial Relations Commission Before: Chief Commissioner Constant, Commissioner Sloan and Commissioner Webster Decision: The Commission orders that: (1) The Application be dismissed. (2) Pursuant to s 17(1) of the Industrial Relations Act 1996, the Paramedics and Control Centre Officers (State) Award 2021 be varied by adding to clause 22 a further subclause in the following terms: (l) The Service will apply rostering practices intended to avoid single paramedic responses to the extent practicable. To that end it will apply the Work Instruction titled Clinical Operations – Dual Paramedic Crewing dated 12 June 2020, or as amended or replaced by the Service from time to time following consultation. Catchwords: EMPLOYMENT AND INDUSTRIAL LAW – Awards and enterprise agreements – Approval and creation – application for award to mandate that an ambulance dispatched to an incident have a crew of two paramedics – whether the application relates to an industrial matter – whether the proposed award is in a form that the Commission can make – consideration of risks to paramedics and patients in the event of single paramedic responses – whether any such risks are outweighed by the potential clinical care benefits in providing a more timely paramedic response – whether the alleged risks warrant the Commission interfering with the Health Secretary's statutory functions and managerial prerogative – consideration of alternative basis on which to resolve the dispute Legislation Cited: Health Services Act 1997 ss 67A, 67B, 116H Industrial Relations Act 1996 ss 6, 10, 13, 14, 17, 23, 136, 146, Dictionary Cases Cited: Fire and Rescue NSW Firefighting Staff Awards 2021 [2021] NSWIRComm 1062 Fire Brigade Employees' Union of New South Wales v Industrial Relations Secretary on behalf of Fire and Rescue NSW (In Orders Dispute) [2022] NSWIRComm 1016 Health Services Union v Ambulance Service of New South Wales [2008] NSWIRComm 72 Re Operational Ambulance Officers (State) Award (2001) 113 IR 384; [2001] NSWIRComm 331 Transport Industry – General Carriers Contract Determination (2016) 257 IR 294; [2016] NSWIRComm 3 Texts Cited: Nil Category: Principal judgment Parties: Health Services Union NSW (Applicant) Health Secretary (Respondent) Australian Paramedics Association (NSW) (Intervenor) Representation: Counsel: T Slevin (Applicant) I Taylor SC and J McDonald (Respondent) I Latham (Intervenor)