New South Wales Nurses and Midwives’ Association v Health Secretary in respect of Hunter New England Local Health District [2022] NSWIRComm 1046

Industrial Relations Commission New South Wales Medium Neutral Citation: New South Wales Nurses and Midwives' Association v Health Secretary in respect of Hunter New England Local Health District [2022] NSWIRComm 1046 Hearing dates: 19, 20, 22, 22 October 2021 Date of orders: 1 July 2022 Decision date: 01 July 2022 Jurisdiction: Industrial Relations Commission Before: Commissioner Muir Decision: 1 I order that the correct classification of the Emergency Department Coordinators at the John Hunter Hospital is that of a Nursing Unit Manager 1 as defined in clause 3 of the Public Health System Nurses' and Midwives' Award 2019; 2 I direct that the parties confer on implementing the order described in (1); 3 I recommend that the respondent re-classify and commence paying the Emergency Department Coordinators in accordance with the application of the Award as set out in (1); 4 I direct the parties to prepare draft orders, to be made pursuant to s 380 of the Industrial Relations Act 1996 (NSW), for underpaid wages; and 5 I grant liberty to either party to have the matter relisted on reasonable notice if, after 28 days from this Decision, the parties cannot agree on any of the matters set out in 1 to 4. Catchwords: EMPLOYMENT AND INDUSTRIAL LAW — Awards and enterprise agreements — Interpretation EMPLOYMENT AND INDUSTRIAL LAW — Industrial disputes — Relief EMPLOYMENT AND INDUSTRIAL LAW — Industrial Relations Commission — Procedure and powers — Arbitration Legislation Cited: Industrial Relations Act 1996 (NSW) Cases Cited: Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales v Secretary of the Treasury [2014] NSWIRComm 23 State Transit Authority of New South Wales v Australian Rail, Tram and Bus Industry Union, New South Wales Branch, Bus and Tram Division [2014] NSWIRComm 41 Category: Principal judgment Parties: New South Wales Nurses and Midwives' Association