Re: Ambulance Service of New South Wales and Broken Hill Town Employees' Union [2004] NSWIRComm 73

Industrial Relations Commission of New South Wales

CITATION : Re: Ambulance Service of New South Wales and Broken Hill Town Employees' Union [2004] NSWIRComm 73 NOTIFIER (IRC00/5852): PARTIES : Ambulance Service of New South Wales (Respondent in IRC00/5896) RESPONDENT (IRC00/5852): Broken Hill Town Employees' Union (Notifier in IRC00/5896) FILE NUMBER: 5852, 5896 of 2000 CORAM: Sams DP Industrial disputes - Broken Hill Ambulance Service - modified roster agreement - protracted proceedings - trial of roster - existing past practices and priveleges - management prerogative - principles discussed - whether proposed roster unjust or unreasonable. CATCHWORDS : Held, past practices and priveleges not identified - reconciliation of hours - State wide policies - no evidence of any injustice or unreasonableness - roster trial for almost three years - submissions are not evidence - new roster agreement - recommendation for improved industrial relationship. LEGISLATION CITED : Industrial Relations Act 1996 Australian Federated Union of Locomotive Enginemen and State Rail Authority of New South Wales [1984] CAR 188 Australian Iron and Steel Pty Ltd v Federated Ironworkers' Association of Australia, New South Wales Division (unreported, Watson J, IRC77/254, 18 November 1977) BHP Steel AIS v Federated Ironworkers' Association of Australia (unreported, Hungerford J, IRC94/2208, 7 November 1994) BHP Steel (AIS) Pty Ltd - Port Kembla Restructured Ironworker Classification Rates of Pay Award (unreported, Hungerford J, IRC96/582, 12 December 1996) Department of Water Resources v Australian Workers' Union New South Wales Branch (1992) 43 IR 76 CASES CITED : Re Cram, ex parte New South Wales Colliery Proprietors' Association Ltd (1987) 163 CLR 117 Re John Lysaght (Australia) Limited Port Kembla - Slit Recoil Line Rates of Pay Award (unreported, Hungerford J, IRC94/2374, 12 March 1995) Re Steel Works Employees and Engine Drivers, etc (Australian Iron and Steel Limited - Port Kembla) Awards [1956] AR 855 Shell Company Australia Limited and Others v Transport Workers' Union of Australia Print (unreported, Sweeney C, C No. 3303 of 1986, 13 January 1987)