Health Secretary in respect of NSW Ambulance v Health Services Union NSW [2024] NSWIRComm 1016

Industrial Relations Commission New South Wales Medium Neutral Citation: Health Secretary in respect of NSW Ambulance v Health Services Union NSW [2024] NSWIRComm 1016 Hearing dates: 29 February 2024 Date of orders: 29 February 2024 Decision date: 29 February 2024 Jurisdiction: Industrial Relations Commission Before: Commissioner O'Sullivan Decision: 1. Under section 137(1)(a) of the Industrial Relations Act 1996 (NSW), the Commission orders the Health Services Union NSW (HSU), its officers, employees, agents and its members employed in NSW Ambulance (Members) must immediately cease organising and refrain from taking industrial action in the form of a ban on movement of an Employee (as that term is defined in clause 4 of the NSW Ambulance Paramedics (State) Award 2023) to an ambulance station other than the Employee's usual rostered station to work a shift or part of a shift.

2. Under section 137(1)(a) of the Industrial Relations Act 1996 (NSW), the HSU, its officers, employees, agents and its members must not induce, advise, authorise, support, encourage, direct, aid or abet Members to organise or take industrial action contrary to Order 1.

3. Under section 136(1)(a) of the Industrial Relations Act 1996 (NSW) the HSU must:

(a) publish by way of electronic newsletter disseminated by email Order 1 and a direction to members that they comply with those orders and not take the industrial action referred to in Order 1 by 9.30am on 1 March 2024; (b) provide, or cause to be provided, a copy of these orders to the HSU's officers employed by the Notifier by 9.30am on 1 March 2024; and

(c) advise the Notifier's legal representative in writing by 7pm on 1 March 2024, of the steps taken to comply with directions 3(a) - (b) above, including the form of communications, and if written, a copy of the communications.