Health Secretary in respect of NSW Ambulance v Australian Paramedics Association (NSW) [2023] NSWIRComm 1056

Industrial Relations Commission New South Wales Medium Neutral Citation: Health Secretary in respect of NSW Ambulance v Australian Paramedics Association (NSW) [2023] NSWIRComm 1056 Hearing dates: 25 May 2023 Date of orders: 25 May 2023 Decision date: 25 May 2023 Jurisdiction: Industrial Relations Commission Before: Commissioner Muir 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 Australian Paramedics Association (NSW) ("the APA"), its officers and employees, and its members employed in the Ambulance Service of NSW must by 7:00 pm today. 25 May 2023, cease taking industrial action described as "Ban on Staff Movements" in annexure A to the notification of an industrial dispute filed on 25 May 2023. (2) The APA, its officers, employees, agents and members must by 7:00pm today, 25 May 2023, cease and refrain from authorising, organising, supporting, or encouraging industrial action contrary to Order 1. (3) These orders take effect immediately and will remain in force until 1 June 2023. Pursuant to s 136(1)(a) of the Industrial Relations Act 1996, the Commission makes the following directions: (1) The APA must by no later than 7pm on 25 May 2023: (a) send an email to all members with a link to Order 1, the text of Order 1, and a direction to comply with those orders and not take the industrial action referred to in Order 1; (b) provide or cause to be provided a copy of Orders 1, 2 and 3 above to the APA's representatives employed by the notifier. (2) The APA must advise the notifier's legal representative in writing by 10.00am on 26 May 2023 of the steps taken to comply with Directions l(a) and (b) above, including the form of communications, and if written, a copy of any communications, and the further steps it intends to take (if any) to comply with Directions 1 (a) and (b) in respect of any relevant member who, by that time, has not been notified. Catchwords: EMPLOYMENT AND INDUSTRIAL LAW — Industrial disputes — Dispute orders Legislation Cited: Industrial Relations Act 1996, ss 130, 136, 137 Category: Principal judgment Parties: Health Secretary in respect of Ambulance NSW (Notifier) Australian Paramedics Association (NSW) (Respondent) Representation: Mr T Poberezny-Lynch, Crown Solicitor (Notifier) Ms B Jacobs with Ms C Treloar, Australian Paramedics Association (NSW) (Respondent) File Number(s): 2023/166714 Publication restriction: Nil