Health Services Union NSW v Secretary, NSW Ministry of Health in respect of NSW Health Pathology and Sydney Children’s Hospital Network (Technical Officers and Hospital Scientists Dispute) [2024] NSWIRComm 1057

Industrial Relations Commission New South Wales Medium Neutral Citation: Health Services Union NSW v Secretary, NSW Ministry of Health in respect of NSW Health Pathology and Sydney Children's Hospital Network (Technical Officers and Hospital Scientists Dispute) [2024] NSWIRComm 1057 Hearing dates: 15 April 2024, 3, 4, 5, 6, 11, 12 June 2024 and 11 September 2024 Date of orders: 11 September 2024 Decision date: 11 September 2024 Jurisdiction: Industrial Relations Commission Before: Commissioner McDonald Decision: 1. By consent the Commission makes the Health Employees' Technical Officer to Hospital Scientist Conversion Interim Award in terms of Exhibit HSU - 42. 2. By consent the Health Employees' Technical Officer to Hospital Scientist Conversion Interim Award shall commence on 12 November 2024. 3. The Industrial Registrar is directed to instigate a review of the Health Employees' Technical Officer to Hospital Scientist Conversion Interim Award on or about 11 September 2025. 4. By consent, the proceeding is otherwise dismissed. 5. The Commission notes the agreement of the parties that the making of the Interim Award and the dismissal of the proceeding is without prejudice to either party's position in respect of the dispute giving rise to the proceeding, in the event that the underlying issue giving rise to the dispute cannot be resolved through broader award negotiations. Catchwords: EMPLOYMENT AND INDUSTRIAL LAW — Awards — Interim Award — Dispute resolution — Conciliation and arbitration — Long running dispute regarding correct classification of Technical Officers and Hospital Scientists performing scientific work in pathology laboratories and other settings within NSW Health Pathology and Sydney Children's Hospital Network — Where Union maintained that persons employed as Technical Officers performing scientific work entitled to be classified as a Hospital Scientist whenever they attained a science degree — Where Employer disagreed but proposed variation to Hospital Scientists (State) Award to remove any ambiguity — Matter returned to conciliation after seven days of arbitration — Proceeding resolved by making interim award by consent as an interim resolution of the dispute, without prejudice to either party's position in respect of the dispute in the event the underlying issue cannot be resolved through broader award negotiations — 'Special circumstances' justifying making of an interim award established Legislation Cited: Industrial Relations Act 1996 (NSW), ss 3, 10, 11, 12, 13, 14, 15, 16, 17, 23, 130, 136, 146 Industrial Relations Commission Rules 2022 (NSW), r 6.8 Cases Cited: Australian Liquor, Hospitality and Miscellaneous Workers' Union, New South Wales Branch and Employers First [2002] NSWIRComm 207 Police Association v NSW Police (No 3) [2005] NSWIRComm 243; 144 IR 150 Re Crown Employees (Teachers in Schools and TAFE and Related Employees) Salaries and Conditions Award [2003] NSWIRComm 479; 129 IR 135 Re Crown Librarians, Library Officers and Archivists Award Proceedings Applications under the Equal Remuneration Principle [2002] NSWIRComm 55; 111 IR 48 Re Public Hospital Nurses' (State) Award (No 3) [2002] NSWIRComm 325; (2002) 121 IR 28 Re Scientific Officers (Public Hospital Scientist) (State) Award and Hospital Employees Technical (State) Award (2005) 147 IR 362 State Wage Case 2022 [2022] NSWIRComm 1081 Category: Principal judgment Parties: Health Services Union NSW (Notifier) Secretary of the Ministry of Health in respect of NSW Health Pathology and Sydney Children's Hospital Network (Respondent) Representation: Counsel: L Saunders (Notifier) J Darams SC/ Mr N Fuller (Respondent)