Health Secretary (NSW Ambulance) v Health Services Union NSW & Anor (No 2) [2024] NSWIRComm 18

Industrial Relations Commission New South Wales Medium Neutral Citation: Health Secretary (NSW Ambulance) v Health Services Union NSW & Anor (No 2) [2024] NSWIRComm 18 Hearing dates: 28 November 2024 Date of orders: 28 November 2024 Decision date: 28 November 2024 Jurisdiction: Industrial Relations Commission Before: Chin J, Vice President Decision: (1) The HSU must by no later than 4.00pm on 28 November 2024 remove the post from the Facebook page of the Ambulance Division - Health Services Union set out in MFI-8 (as amended today, if at all) (attached to this decision as Schedule 1). (2) The HSU must by no later than 3.00pm on 28 November 2024 post on the Facebook page of the Ambulance Division - Health Services Union a statement in the terms set out in the document marked "Annexure A to IRC Orders on 28 November 2024" set out in MFI-11 (attached to this decision as Schedule 2). Catchwords: EMPLOYMENT AND INDUSTRIAL LAW — Industrial disputes — Directions to parties in arbitration proceedings — Where union issued misleading communication to members regarding the Commission's decision — Where incumbent on industrial parties to ensure that members have an accurate understanding of the nature and effect of the Commission's decisions — directions made for union to remove and correct Facebook post Legislation Cited: Industrial Relations Act 1996 (NSW) ss 130, 136(1)(a), 162(2)(j) Cases Cited: BlueScope Steel (AIS) Pty Ltd v Australian Workers' Union, New South Wales (2006) 153 IR 176 Health Secretary (NSW Ambulance) v Health Services Union NSW & Anor [2024] NSWIRComm 12 Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales v Industrial Relations Secretary (2018) 96 NSWLR 762 Sydney Water Corporation v Australian Services Union (NSW and ACT Branch) (2005) 146 IR 388 Category: Procedural rulings Parties: In matter no. 2024/317882 Health Secretary, with respect to NSW Ambulance (Notifier) Health Services Union NSW (Respondent)