Health Secretary in respect of the NSW Health Service, NSW Health Pathology Division v Health Services Union [2023] NSWIRComm 1102

Industrial Relations Commission New South Wales Medium Neutral Citation: Health Secretary in respect of the NSW Health Service, NSW Health Pathology Division v Health Services Union [2023] NSWIRComm 1102 Hearing dates: 29 September 2023 Decision date: 29 September 2023 Jurisdiction: Industrial Relations Commission Before: Commissioner Webster Decision: Pursuant to sections 136 (1) (c) and 137 (1(a) of the Industrial Relations Act 1996 the orders sought: 1. The Health Services Union New South Wales (HSU), its officers, employees and members employed by the Secretary Ministry of Health are ordered to immediately cease organising, and refrain from taking industrial action by those employees engaged as Forensic Mortuary Technicians and Senior Forensic Mortuary Technicians in the Forensic and Analytical Service including the planned strike on 2 October 2023. 2. The HSU, it officers, employees, agents, and members must not induce, advise, authorise, support, encourage, direct, aid or abet members of the HSU to organise or take industrial action for a period of four months. 3. The HSU must by no later than 5 pm on 29 September 2023 send by email and mobile telephone message to all members employed in Forensic Medicine a link to Orders made and a direction to comply with those Orders and not take industrial action on 2 October 2023. 4. The HSU must advise the Notifier in writing by 9 am on 2 October of the steps taken to comply with the Orders. Catchwords: EMPLOYMENT AND INDUSTRIAL LAW – industrial disputes – Dispute orders – industrial action – public interest considerations – impact on families - dispute orders made Legislation Cited: Industrial Relations Act 1996 (NSW) ss 130, 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) 235 IR 261 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) 320 IR 249 Category: Principal judgment Parties: Health Secretary (notifier) Health Services Union (respondent) Representation: Gautray, J (notifier) Gallagher A (respondent) File Number(s): 2023/306850 Publication restriction: Nil