Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales v The Department of Aging, Disability and Home Care [2004] NSWIRComm 240

Industrial Relations Commission of New South Wales

CITATION : Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales v The Department of Aging, Disability and Home Care [2004] NSWIRComm 240 APPLICANT PARTIES : Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales RESPONDENT The Department of Aging, Disability and Home Care FILE NUMBER: IRC 277 of 2004 CORAM: Harrison DP CATCHWORDS : Notification under s130 of a dispute re sections 49(1) and (2) of the Workplace Injury Management and Workers Compensation Act 1998 - Compassionate transfer sought - transfer opposed - contest over applicable policy. Held - Policy confused - effective employer is Department of Aging, Disability and Home Care - employer failed to address issues of conflict in the workplace - absence of return to work plan - transfer refused - employer directed to meet obligation to resolution of workplace issues - recommendation that return to work program with training plan be developed. Industrial Relations Act 1996 LEGISLATION CITED : Public Sector Employment and Management Act 2002 Home Care Service Act 1988 Workplace Injury Management and Workers Compensation Act 1998 HEARING DATES: 06/25/2004; 08/03/2004 EXTEMPORE JUDGMENT DATE : 08/19/2004

APPLICANT Mr N Wilkins, PSA LEGAL REPRESENTATIVES: RESPONDENT Mr B King, DADHC

JUDGMENT: - 9 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES