Re Operational Ambulance Managers (State) Award 2024 [2024] NSWIRComm 17

Industrial Relations Commission New South Wales Medium Neutral Citation: Re Operational Ambulance Managers (State) Award 2024 [2024] NSWIRComm 17 Hearing dates: Matter determined in chambers Date of orders: 28 November 2024 Decision date: 28 November 2024 Jurisdiction: Industrial Relations Commission Before: Taylor J, President Decision: (1) Pursuant to section 17 of the Industrial Relations Act 1996 (NSW), the Operational Ambulance Managers (State) Award 2023 is rescinded. (2) Pursuant to section 10 of the Industrial Relations Act 1996 (NSW), the Operational Ambulance Managers (State) Award 2024 is made in the form filed by the Health Secretary on 1 November 2024. Catchwords: AWARDS — consent award applications – making new award to which the HSU is a party in accordance with memorandum of understanding — no issue of principle Legislation Cited: Industrial Relations Act 1996 (NSW), ss 10, 15, 17, 146 Cases Cited: Re Health and Community Employees Psychologists (State) Award 2024 and other Health Awards [2024] NSWIRComm 15 Category: Principal judgment Parties: Health Secretary, NSW Ministry of Health (Applicant) Health Services Union NSW (Respondent) Representation: Solicitors: R Raju (Health Secretary)

Advocates: A Murphy (Health Secretary) C Barker (Health Services Union) File Number(s): 2024/242887 Publication restriction: Nil

DECISION 1. The Commission is asked by consent to make a new one-year award to apply to the Health Secretary, NSW Ministry of Health (Health Secretary) and the Health Services Union (HSU), pursuant to section 10 of the Industrial Relations Act 1996 (NSW). It is to provide a 3.5% increase to salaries effective from 1 July 2024 and be known as the Operational Ambulance Managers (State) Award 2024. 2. This matter was listed for conciliation on 18 October 2024. On 17 October, the Health Secretary emailed the Commission requesting that the conciliation be stood over, as they had made an offer which at that time was subject to a vote by the HSU membership, and for the matter to instead be added to the matters before me on 24 October 2024, concerning 29 other HSU awards. Due to an oversight this matter was not added to the list before me on 24 October 2024 at which time I dealt with the other 29 HSU awards. Its absence was not noted by the parties, which is unsurprising given the large number of awards being addressed at once. Following that hearing, on 26 November, I made 29 new HSU awards in respect of the applications that were listed before me on 24 October: Re Health and Community Employees Psychologists (State) Award 2024 and other Health Awards [2024] NSWIRComm 15 ("Re Health and Community Employees Psychologists (State) Award 2024 "). 3. The application in this matter is in the same terms and relies on the same evidence as the other 29 applications. As set out below, I reach the same conclusions as set out in Re Health and Community Employees Psychologists (State) Award 2024. 4. The proposed award gives effect to a Memorandum of Understanding ("MOU") entered into by the parties on 23 October 2024. Other terms in the MOU include: 1. A $1,000 taxable one-off cost of living adjustment payment if the CPI rate exceeds 4%, which will be paid pro rata for employees who do not work full-time. 2. An agreement to increase employees' share of salary packaging to 100%. 3. A commitment to reforming this award and the 29 awards made in Re Health and Community Employees Psychologists (State) Award 2024 and reducing the number of professional awards. 1. I am satisfied on the evidence that it is in the public interest to make the new award as filed by the applicant and to rescind the existing Operational Ambulance Managers (State) Award 2023, as required by subsection 146(2) of the Act. As the award was made in accordance with the MOU and by consent, I infer that it is not inconsistent with the Government's fiscal position to make the award. 2. The proposed award can be made effective 1 July 2024, that being the date on which the application for the award was lodged with the Industrial Registrar, pursuant to subsection 15(3)(a) of the Act. 3. I recognise that the parties to the award have provided an undertaking to not pursue further claims, demands or proceedings before the Commission for a change in wages, salaries, rates of pay, allowances, or conditions of employment during the nominal term of the award with respect to the employees covered by the award, other than as provided for in the Industrial Relations Act. That undertaking is reproduced in clause 35 of the proposed award. 4. Fortified by the fact that it is sought by consent, I am satisfied that the proposed award sets fair and reasonable conditions of employment and that it is appropriate to make the award under section 10 of the Act.