NSW Nurses and Midwives’ Association v Health Secretary in respect of Western Sydney Local Health District [2025] NSWIRComm 1005

Industrial Relations Commission New South Wales Medium Neutral Citation: NSW Nurses and Midwives' Association v Health Secretary in respect of Western Sydney Local Health District [2025] NSWIRComm 1005 Hearing dates: 4 February 2025 Date of orders: 4 February 2025 Decision date: 04 February 2025 Jurisdiction: Industrial Relations Commission Before: Commissioner Webster Decision: Recommendations: (a) The respondent refrain from implementing any changes referred to in the letter of 17 January 2025 until 12.01 am on Saturday, 8 February 2025. (b) The Association and District are to consult on a bona fide and expeditious manner regarding the proposed changes to be implemented. (c) The parties continue to consult on a bona fide and expeditious manner regarding the changes after they are implemented. These recommendations do not relate to the opening of Unit C53. Catchwords: EMPLOYMENT AND INDUSTRIAL LAW — Industrial disputes – the Commission's power to make recommendations and directions pursuant to s 136 - compliance with Award in respect of duty to consult, status quo and dispute resolution procedures – public interest factors – impact of delay of implementation of changes on community – importance of consultation before implementation - recommendations made Legislation Cited: Industrial Relations Act 1996, ss 3, 130, 136, 146 Cases Cited: Local Government Engineers' Association of New South Wales v MidCoast Council (No 2) [2022] NSWIRComm 1069 New South Wales Nurses and Midwives' Association v Health Secretary on behalf of Western NSW Local Health District [2019] NSWIRComm 1025 Category: Principal judgment Parties: NSW Nurses and Midwives' Association (Notifier)