Australian Paramedics Association (NSW) v Health Secretary in respect of New South Wales Ambulance (Virtual Clinical Care Centre Clinicians) [2024] NSWIRComm 1066

Industrial Relations Commission New South Wales Medium Neutral Citation: Australian Paramedics Association (NSW) v Health Secretary in respect of New South Wales Ambulance (Virtual Clinical Care Centre Clinicians) [2024] NSWIRComm 1066 Hearing dates: 19 July 2024 and 30 July 2024 (filing date of Notifier's and Intervenor's further written submissions in reply) Date of orders: 14 November 2024 Decision date: 14 November 2024 Jurisdiction: Industrial Relations Commission Before: Commissioner McDonald Decision: 1. Is the proposed classification of employees who hold the position of Virtual Clinical Care Centre Triage Clinician as a Paramedic or Paramedic Specialist (Work Level of Paramedic (Level 1) or Paramedic (Level 2)) an 'extra claim' for the purpose of clause 51 of the NSW Ambulance Paramedics (State) Award 2023? Answer: No 2. Would the inclusion of persons holding the Virtual Clinical Care Centre Triage Clinician role in a new clause 5(d)(iii)(2) of the NSW Ambulance Paramedics (State) Award 2023, in the terms set out in Schedule 1 to these orders, be an 'extra claim' for the purpose of clause 51 of the NSW Ambulance Paramedics (State) Award 2023. Answer: No Parties directed to attend directions hearing to progress balance of the dispute Catchwords: EMPLOYMENT AND INDUSTRIAL LAW — Awards and enterprise agreements — Industrial Dispute ­— Interpretation of Award – Separate Questions for determination — Interpretation of 'No extra claims' clause in the context of a clause in the Award permitting "the creation and/or assignment of a classification to a work level" specified in the Award, during the life of the Award in certain circumstances – Meaning of 'classification' — Proposed classification of Virtual Clinical Care Centre Triage Clinicians to a lower work level than indicated by the remuneration paid to persons currently performing the role — Award contemplates changes to the work level assigned to a classification during the life of the Award, despite the 'no extra claims' clause, provided conditions are met Legislation Cited: Industrial Relations Act 1996 (NSW), ss 17, 130 Cases Cited: Crown Employees (Roads and Traffic Authority of New South Wales Salaried Staff) Award [2011] NSWIRComm 1017 GEO A Bond & Co Ltd (In Liq) v McKenzie [1929] AR (NSW) 49 Gibson v Western Sydney Area Health Service [2003] NSWIRComm 465; 130 IR 95 Re Corrections Health Service Nurses' (State) Award [1999] NSWIRComm 123; 90 IR 235 Re Crown Employees (Teachers in Schools and Related Employees) Salaries and Conditions Award and Crown Employees (Teachers in TAFE and Related Employees) Salaries and Conditions Award [2008] NSWIRComm 209; 181 IR 245 Ridd v James Cook University (2021) 274 CLR 514 Category: Procedural rulings Parties: Australian Paramedics Association (NSW) (Notifier) Health Secretary in respect of New South Wales Ambulance (Respondent) Health Services Union NSW (Intervenor) Representation: Counsel: A Howell (Notifier) D Fuller (Respondent)