Munn and Others v Health Secretary [2022] NSWIRComm 1044

Industrial Relations Commission New South Wales Medium Neutral Citation: Munn and Others v Health Secretary [2022] NSWIRComm 1044 Hearing dates: 8 April 2022 Date of orders: 20 June 2022 Decision date: 20 June 2022 Jurisdiction: Industrial Relations Commission Before: Commissioner O'Sullivan Decision: Determination of preliminary issues at [60], [63] and [71]. Catchwords: UNFAIR DISMISSALS – threshold issues – Public Health Orders – Health Secretary Determination – unvaccinated workers prohibited from working in public health– requirement to consult-impracticability of reinstatement or re-employment orders Legislation Cited: Health Services Act 1997 Industrial Relations Act 1996 Public Health Act 2010 Work Health and Safety Act 2011 Cases Cited: Christopher Doyle; Julia Sant; Antonio Prosia v Melbourne Archdiocese Catholic Schools Ltd TIA MACS [2022] FWC 346 Construction, Forestry, Maritime, Mining and Energy Union, Matthew Howard v Mt Arthur Coal Pty Ltd T/A Mt Arthur Coal [2021] FWCFB 6059 Dumas v Industrial Relations Secretary (on behalf of Department of Communities and Justice) [2019] NSWIRComm 1071 Griffin and others v Health Secretary; Thorncraft and others v Secretary of the Department of Education [2022] NSWIRComm 1027 SafeWork NSW v Secretary of the Ministry of Health on behalf of the Ambulance Service of NSW [2021] NSWDC 397 QNurses First Inc v Monash (No 2) [2022] FCA 277 Texts Cited: NIL Category: Procedural rulings Parties: Persons listed in Schedule A hereto (Applicants)