Australian Salaried Medical Officers’ Federation (NSW) v Health Secretary in respect of South Western Sydney Local Health District [2023] NSWIRComm 1105

Industrial Relations Commission New South Wales Medium Neutral Citation: Australian Salaried Medical Officers' Federation (NSW) v Health Secretary in respect of South Western Sydney Local Health District [2023] NSWIRComm 1105 Hearing dates: 26, 27, 28 & 29 April, 2 & 3 May, and 6 October 2022 Date of orders: 18 October 2023 Decision date: 18 October 2023 Jurisdiction: Industrial Relations Commission Before: Commissioner Muir Decision: 1. The Commission declines to issue the directions or recommendations sought by the notifier. 2. The Commission recommends that the parties: (1) assess the necessity for single occupancy accommodation for each of the relevant employees on an employee-by-employee, task-by-task basis, starting without presumptions or pre-conditions; (2) determine the extent to which the outcome of the assessment under recommendation (1) can be accommodated within the existing budgetary constraints, and the extent to which this is not possible; (3) in making the assessments under recommendation (2), give consideration to flexible working spaces, for example rooms dedicated to particular tasks, such as medical functions or meetings, as well as dedicated personal single occupancy offices; (4) determine if the executive government will agree to changed budgetary constraints which will accommodate needs identified under recommendation (2); (5) finalise accommodation plans within the ultimate outcomes of these recommendations; and (6) utilise the assistance of the Commission in implementing recommendations (1), (2) and (3). Catchwords: EMPLOYMENT AND INDUSTRIAL LAW — Awards and enterprise agreements — Dispute resolution – Interpretation — Office accommodation — Reasonably necessary EMPLOYMENT AND INDUSTRIAL LAW — Industrial Relations Commission — Procedure and powers — Arbitration Legislation Cited: Health Administration Act 1982 s 8 Health Service Act 1997 s 126B Industrial Relations Act 1996, ss 6, 130, 135, 136, 137, 139, 146, 175 Work Health and Safety Act 2011 ss 47, 48, 49 Cases Cited: Application for NSW Ambulance Safe Paramedic Crewing Award [2022] NSWIRComm 1037 ASMOF v Minister of Health (No 2) [2019] NSWIRComm 1063 ASMOF (NSW) v Health Secretary in respect of the Western Sydney Local Health District [2021] NSWIRComm 1002 Australian Federated Union of Locomotive Employees State Rail Authority of New South Wales (XPT Case) (1984) 295 CAR 188 Re Becker and the Minister for Immigration and Ethnic Affairs (1977) 15 ALR 696 BHP Steel (AIS) Pty Limited v The Federated Ironworkers' Association of Australia, New South Wales Division [1994] NSWIRComm 127 Caledonian Collieries Ltd v Australasian Coal and Shale Employees' Federation (No 1) (1930) 42 CLR 527 Coleman v Power (2004) 220 CLR 1 Community Association DP270447 v ATB Morton Pty Ltd [2019] NSWCA 83 Re Cram; ex parte New South Wales Colliery Proprietors' Association Ltd (1987) 163 CLR 117 Davidson v Commissioner of Police (No 3) [2022] NSWIRComm 1102 In re Dispute Between the Federated Engine Drivers and Firemen's Association of Australasia (Coast District) and the Broken Hill Pty Company Ltd (1950) 49 AR 371 Electrolux Home Products Pty Ltd v AWU (2004) 133 IR 49 Fire Brigade Employees' Union of New South Wales v Industrial Relations Secretary on behalf of Fire and Rescue NSW (In Orders Dispute) [2022] NSWIRComm 1016 Federated Engine Drivers and Firemen's Association, of Australasia v Broken Hill Pty Ltd (1911) 12 CLR 398 The Federated Ironworkers' Association of Australia (NSW Division) V BHP Steel Sheet & Coil Products Division [1992] NSWIRComm 5 Health Employees' Conditions of Employment (State) Award 2018 (Infectious Cleaning Allowance) [2021] NSWIRComm 1049 Health Services Union v Ambulance Service of New South Wales [2008] NSWIRComm 72 ING Bank (Australia) Ltd v O'Shea [2010] NSWCA 71 John Lysaght (Australia) Limited v Automotive, Metals and Engineering Union and the Federated Ironworkers' Association of Australia, New South Wales Division [1994] NSWIRComm 31 John Lysaght (Australia) Limited - Port Kembla - Slit Recoil Line - Rates of Pay Award [1995] NSWIRComm 18 King v Melbourne Vicentre Swimming Club Inc [2020] FCA 1173 Lend Lease Real Estate Investments Ltd & Anor v GPT RE Ltd [2006] NSWCA 207 Lonergan v Lewis [2011] NSWSC 1133 Re MGEFA; ex p Australian Chamber of Manufacturers (1986) 160 CLR 341 New South Wales Nurses and Midwives' Association v the Health Secretary on behalf of Western NSW Local Health District [2019] NSWIRComm 1047 Re Pastoral Industry Award [2001] NSWIRComm 27 PSA v Secretary of the Treasury [2014] NSWIRComm 23 Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales Secretary of Industrial Relations [2018] NSWIRComm 1061 R v Findlay; ex p Commonwealth Steamship Owners' Association (1953) 90 CLR 621 R v Forster; Ex parte Commonwealth Life (Amalgamated) Assurances Ltd (1952) 85 CLR 138 R v Kelly; ex p Victoria (1950) 81 CLR 64 State of Victoria v Construction, Forestry, Mining and Energy Union [2013] FCAFC 160 Short v F W Hercus Pty Ltd (1993) 30 FCR 511 State Transit Authority of New South Wales v Australian Rail Tram and Bus Industry Union New South Wales Branch Bus and Tram Division [2014] NSWIRComm 41 The Local Government Engineers Association of New South Wales v MidCoast Council [2021] NSWIRComm 1081 Category: Principal judgment Parties: Australian Salaried Medical Officers' Federation (NSW) (Notifier) Health Secretary in respect of South Western Sydney Local Health District (Respondent) Representation: Counsel: Mr P Boncardo (Notifier) Mr M Seck with Mr M Whitbread (Respondent)