Health Secretary in respect of NSW Ambulance v Health Services Union (NSW) [2024] NSWIRComm 1032

Industrial Relations Commission New South Wales Medium Neutral Citation: Health Secretary in respect of NSW Ambulance v Health Services Union (NSW) [2024] NSWIRComm 1032 Hearing dates: 20 May 2024 Date of orders: 20 May 2024 Decision date: 21 May 2024 Jurisdiction: Industrial Relations Commission Before: Commissioner Webster Decision: A. Pursuant to ss 136(1)(c) and 137(1)(a) of the Industrial Relations Act 1996 the Commission makes the following orders: 1. Health Services Union NSW (the HSU), its officers and employees, and its members employed in the Ambulance Service of NSW (NSWA) must immediately cease organising and refrain from taking industrial action by those employees engaged as paramedics, including the industrial action which commenced on 20 May 2024, including: a. The refusal, by HSU members at Rutherford Ambulance Station, to undertake any jobs assigned to them. b. The refusal of HSU members at Rutherford Ambulance Station to work in accordance with the roster posted by NSWA. c. The Statewide banning of inter-facility (R3) transfers. 2. The HSU, its officers, employees, agents and members must cease and refrain from authorising, supporting, encouraging, directing, aiding, abetting or inciting members of the HSU to organise or take industrial action contrary to Order A1. 3.These orders take effect immediately and shall remain in force until 20 August 2024 or until further order of the Commission. B. Pursuant to s 136(1)(a) of the Industrial Relations Act 1996, the Commission makes the following directions: 1. The HSU shall by no later than 5.45 am on 21 May 2024: a. publish in a prominent position on its website, the HSU's Facebook and other social media pages, Order A and a direction to members that they comply with those orders and not take the industrial action referred to in Order A1; b. send by email to all members in the Ambulance Division of the HSU a link to Order A1and a direction to comply with those orders and not take the industrial action referred to in Order A1; c. provide or cause to be provided a copy of Orders A1, A2 and A3 above to the HSU's representatives employed by the notifier. 2. The HSU must advise the notifier's legal representative in writing by 9 am on 21 May 2024 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 – ban on attendance at all jobs – ban on attending Ambulance NSW rosters – ban on patient transfers – HSU concern regarding maintenance of staffing during absences - public interest – risk to public safety – objects of the Act – orders and directions made Legislation Cited: Industrial Relations Act 1996 (NSW) s 3, 130, s 146 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) Health Services Union NSW (NSW) (respondent) Representation: S Huang, Crown Solicitors Office (notifier)