Health Services Union on behalf of Di Palma v Health Secretary in respect of EHealth NSW [2023] NSWIRComm 1008

Industrial Relations Commission New South Wales Medium Neutral Citation: Health Services Union on behalf of Di Palma v Health Secretary in respect of EHealth NSW [2023] NSWIRComm 1008 Hearing dates: 12 and 13 April 2022 final submissions 8 July 2022 Date of orders: 3 February 2023 Decision date: 03 February 2023 Jurisdiction: Industrial Relations Commission Before: Commissioner O'Sullivan Decision: Dispute notification dismissed Catchwords: EMPLOYMENT AND INDUSTRIAL LAW — Industrial disputes — Dispute orders – Power of Commission under s 136 to make orders pursuant to s 213 of the Industrial Relations Act 1996 -whether the time limitation in ss 213(3) applies Legislation Cited: Industrial Relations Act 1996 Cases Cited: New South Wales Nurses and Midwives' Association v the Health Secretary on behalf of Western NSW Local Health District [2019] NSWIRComm 1047 Notification under section 130 by the New South Wales Teachers Federation of a dispute with the Department of education and Training re casual teacher [2003] NSWIRComm 145 Police Association v NSW Police (No 3) [2005] NSWIRComm 243 Texts Cited: NIL Category: Principal judgment Parties: Health Services Union (Notifier) Health Secretary in respect of EHealth NSW (Respondent) Representation: Ms O Forsyth-Sells (Notifier) Solicitors: Mr J Mattson (Respondent) File Number(s): 2021/00329836 Publication restriction: NIL

decision 1. Ms Di Palma is a member of the notifier. On 29 October 2021 she was informed by her the respondent, that her secondment to the role of partnership manager role would not continue past 5 November 2021 (the "Decision") which would result in Ms Di Palma returning to a lower level role with less remuneration. 2. The notifier filed a notice of an industrial dispute notified to the Commission pursuant to section 130 of the Industrial Relations Act 1996 (the "Act") on behalf of Ms Di Palma against the Health Secretary in respect of the respondent relation to the Decision (the "Dispute").