Health Secretary in respect of NSW Ambulance v Health Services Union NSW [2023] NSWIRComm 1044

Industrial Relations Commission New South Wales Medium Neutral Citation: Health Secretary in respect of NSW Ambulance v Health Services Union NSW [2023] NSWIRComm 1044 Hearing dates: 10 May 2023 Date of orders: 10 May 2023 Decision date: 10 May 2023 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 Health Services Union NSW ("the HSU"), its officers and employees, and its members employed in the Ambulance Service of NSW must immediately cease taking industrial action described as "Paramedics in training support protest" in emails sent from the HSU to NSW Ambulance on 8 and 9 May 2023, comprising Annexures B and C to the Notification of an Industrial Dispute filed on 9 May 2023. (2) The HSU, its officers, employees, agents and members must cease and refrain from authorising, organising, supporting, encouraging or inciting industrial action contrary to Order 1. (3) These orders take effect immediately and will remain in force until 30 June 2023 or until further order of the Commission. Catchwords: EMPLOYMENT AND INDUSTRIAL LAW – Industrial disputes – Application for dispute orders Legislation Cited: Industrial Relations Act 1996 ss 130, 135, 136, 137, 146 Cases Cited: Fire & Rescue New South Wales on behalf of the Department of Premier and Cabinet v Fire Brigade Employees' Union of New South Wales [2013] NSWIRComm 63 Industrial Relations Secretary v Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales [2022] NSWIRComm 1042 Secretary of the Ministry of Health v New South Wales Nurses and Midwives' Association [2022] NSWSC 1178 Texts Cited: Nil Category: Principal judgment Parties: Health Secretary (Notifier) Health Services Union NSW (Respondent) Representation: T Poberezny-Lynch, Crown Solicitor (Notifier) C Barker, Health Services Union (Respondent) File Number(s): 2023/149355 Publication restriction: No