Health Secretary in respect of NSW Ambulance v Australian Paramedics Association (NSW) [2023] NSWIRComm 1116

Industrial Relations Commission New South Wales Medium Neutral Citation: Health Secretary in respect of NSW Ambulance v Australian Paramedics Association (NSW) [2023] NSWIRComm 1116 Hearing dates: 30 November 2023 Date of orders: 30 November 2023 Decision date: 30 November 2023 Jurisdiction: Industrial Relations Commission Before: Commissioner Webster Decision: Pursuant to ss. 136(1)(c) and 137(1)(a) of the Industrial Relations Act 1996 the Commission makes the following orders: 1. Australian Paramedics Association (NSW) ("the APA"), its officers and employees, and its members employed in the Ambulance Service of NSW must immediately cease organising and refrain from taking industrial action by those employees engaged as paramedics, being the proposed industrial action on 1 December 2023, described as "strike action" in an email sent by the APA to its members on 23 November 2023, comprising Annexure A to the Notification of an Industrial Dispute filed on 28 November 2023. 2. The APA, its officers, employees, agents and members must cease and refrain from authorising, supporting, encouraging, directing, aiding, abetting or inciting members of the APA to organise or take industrial action contrary to Order A1. 3. These orders take effect immediately and shall remain in force until 11 January 2024 or until further order of the Commission. Pursuant to s. 136(1)(a) of the Industrial Relations Act 1996, the Commission makes the following directions: 1. The APA shall by no later than 6:00pm on 30 November 2023: a. publish in a prominent position on its website, the APA's Facebook and other social media pages, Order 1 and a direction to members that they comply with those orders and not take the industrial action referred to in Order 1A; b. send by email to all members a link to Order 1 and a direction to comply with those orders and not take the industrial action referred to in Order 1A; c. 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 7.00pm on 30 November 2023 of the steps taken to comply with Directions 1(a) to (c) 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) to (c) in respect of any relevant member who, by that time, has not been notified. Catchwords: EMPLOYMENT AND INDUSTRIAL LAW – industrial dispute – industrial action - dispute orders – paramedics – non-attendance to low acuity cases for 24 hours - public interest – risk to public safety – objects of the Act – orders made Legislation Cited: Industrial Relations Act 1996 (NSW) s 3, 130 Cases Cited: BlueScope Steel (AIS) Pty Ltd v The Australian Workers' Union, New South Wales [2006] NSWIRComm 149 Director General, NSW Department of Health v New South Wales Nurses Association (No 2) [2010] NSWIRComm 163 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 in respect of Ambulance NSW (notifier) Australian Paramedics Association (NSW) (respondent) Representation: S Huang, Crown Solicitors Office (notifier) B Jacobs Australian Paramedics Association (respondent File Number(s): 2023/431792 Publication restriction: Nil