Health Secretary in respect of NSW Ambulance v Health Services Union NSW [2023] NSWIRComm 1082

Industrial Relations Commission New South Wales Medium Neutral Citation: Health Secretary in respect of NSW Ambulance v Health Services Union NSW [2023] NSWIRComm 1082 Hearing dates: 1 August 2023 Date of orders: 1 August 2023 Decision date: 01 August 2023 Jurisdiction: Industrial Relations Commission Before: Commissioner O'Sullivan Decision: The Commission makes the following orders under section 137(1)(a) of the Industrial Relations Act 1996 (NSW): 1. The Health Services Union New South Wales (HSU), its officers, employees, agents and its members employed in NSW Ambulance at the site known as the Southern Control Centre (Relevant Members) must immediately cease organising and refrain from taking industrial action in the form of work bans identified in Order 2 in relation to the industrial dispute concerning the provision of an additional DCCO on night shift at the Southern Control Centre. 2. The industrial action the subject of Order 1 consists of bans by Relevant Members on undertaking the following work: (a) dispatching of R3 responses until the Virtual Clinical Care Centre has conducted a clinical consultation with external parties and provides relevant notes on the response; and (b) engagement with Patient Flow or NEPT. 3. The HSU, its officers, employees, agents and its members must not induce, advise, authorise, support, encourage, direct, aid or abet Relevant Members to organise or take industrial action contrary to Order 1. 4. These orders take effect immediately and remain in force until 5.30pm on 30 September 2023 or until further order of this Commission. The Commission makes the following direction pursuant to section 136(1) of the Industrial Relations Act 1996 (NSW): 1. The HSU must by no later than 11.00am on 2 August 2023 send by email to the Relevant Members: (a) a copy of these orders; and (b) a direction to comply with these orders to not engage in the industrial action identified above. Catchwords: EMPLOYMENT AND INDUSTRIAL LAW – Industrial disputes –Dispute orders Legislation Cited: Industrial Relations Act 1996 (NSW) Cases Cited: BlueScope Steel and Australian Workers' Union [2005] 130 IR 324 Fire & Rescue NSW on behalf of the Department of Premier and Cabinet v Fire Brigade Employees' Union of New South Wales (2013) 235 IR 261 Health Secretary in respect of NSW Ambulance v Health Services Union NSW [2023] NSWIRComm 1069 Ministry of Health v The New South Wales Nurses and Midwives Association (2022) NSWSC 1178 New South Wales Department of Education v New South Wales Teachers Federation (2010) 194 IR 340 [2010] NSWIRComm 55 Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales v Industrial Relations Secretary, on behalf of the NSW Rural Fire Service [2023] NSWIRComm 1052 Secretary Department of Education v Australian Education Union of New South Wales Teachers Federation Branch [2022] NSWIRComm 1051 Secretary of the Ministry of Health v Australian Paramedics Association (NSW) [2022] NSWSC 1431 Secretary of the Ministry of Health v The New South Wales Nurses and Midwives' Association [2022] NSWSC 1178 Category: Principal judgment Parties: Health Secretary in respect of NSW Ambulance (Notifier) Health Services Union NSW (Respondent) Representation: M Sullivan (Notifier) C Barker (Respondent) File Number(s): 2023/207136 Publication restriction: Nil