Health Secretary v New South Wales Nurses and Midwives’ Association [2022] NSWIRComm 1071

Industrial Relations Commission New South Wales Medium Neutral Citation: Health Secretary v New South Wales Nurses and Midwives' Association [2022] NSWIRComm 1071 Hearing dates: 25 August 2022 Date of orders: 25 August 2022 Decision date: 25 August 2022 Jurisdiction: Industrial Relations Commission Before: Commissioner Sloan Decision: Pursuant to ss 136(1)(c) and 137(1)(a) of the Industrial Relations Act 1996 the Commission makes the following orders: (1) The New South Wales Nurses and Midwives' Association ("the Association"), its officers and employees, and its members employed in the NSW Health entities listed in Schedule 1 ("Health Entities") must immediately cease organising and refrain from taking industrial action on 1 September 2022 by those employees engaged by a Health Entity under the Public Health System Nurses' and Midwives' (State) Award 2021 or the Crown Employees Nurses' (State) Award 2021. (2) The Association, its officers, employees, agents and members must not induce, advise, authorise, support, encourage, direct, aid or abet members of the Association to organise or take industrial action contrary to Order 1. (3) These orders take effect immediately. Catchwords: EMPLOYMENT AND INDUSTRIAL LAW – Industrial disputes – Dispute orders Legislation Cited: Industrial Relations Act 1996 ss 3, 130, 136, 137, 146, 146C Industrial Relations (Public Sector Conditions of Employment) Regulation 2014 cll 6, 6A Cases Cited: Local Government Engineers' Association of New South Wales v MidCoast Council (No 2) [2022] NSWIRComm 1069 Texts Cited: Nil Category: Principal judgment Parties: Health Secretary (Notifier) New South Wales Nurses and Midwives' Association (Respondent) Representation: H Pararajasingham of Counsel (Notifier) S Davis (Industrial Officer, NSWNMA) (Respondent) File Number(s): 2022/00249039 Publication restriction: No