The Director-General, NSW Department of Health, in respect of the Hunter New England Area Health Service and Australian Medical Association (NSW) Limited [2008] NSWIRComm 112

Industrial Relations Commission of New South Wales

CITATION: The Director-General, NSW Department of Health, in respect of the Hunter New England Area Health Service and Australian Medical Association (NSW) Limited [2008] NSWIRComm 112

APPELLANT: The Director-General, NSW Department of Health, in respect of the Hunter New England Area Health Service PARTIES: RESPONDENT: Australian Medical Association (NSW) Limited

FILE NUMBER(S): IRC 2203 of 2007

CORAM: Walton J Vice-President; Schmidt J; Staff J

CATCHWORDS: Appeal - leave to appeal and appeal - whether a registered organisation of employers can notify an industrial dispute concerning members in their capacity as employees to the Commission - whether there was an industrial dispute - whether respondent was entitled to notify the dispute - whether respondent was entitled to represent its members' interests in dispute proceedings, in their capacity as employees - conditions of independent contractors - whether Commission can deal with dispute on its own initiative - jurisdiction - Health Services Act 1997 - leave to appeal granted - appeal upheld in part - matter remitted

Health Services Act 1997 LEGISLATION CITED: Industrial Arbitration Act 1940 Industrial Relations Act 1996 Industrial Relations Commission Rules

Ace Business Brokers Pty Ltd v Phillips-Treby (2000) 100 IR 420 Austin v NF Importers Pty Ltd & Anor (2005) 146 IR 113 Australian Medical Association (NSW) Limited v The Director-General, NSW Department of Health, in respect of the Hunter New England Area Health Service [2007] NSWIRComm 289 Box Valley Pty Ltd v Price (2000) 97 IR 484 Caltex Petroleum Pty Ltd v Harmer (1999) 92 IR 264 Chamber of Manufacturers of New South Wales; Dispute re Bread Industry and Baking Trade Employees Union (Unreported, Sweeney J, 7 December 1989) De Simone Consulting Pty Ltd v Ison (2000) 97 IR 478 Dow Corning Australia Pty Ltd v Monk and Others [1984] 2 NSWLR 13 In re Asbestos Sheet Makers (State) & Other Awards (No. 2) (1961) 60 AR 478 In re Maritime Services Board (Dredges &c.) Conciliation Committee (1962) 61 AR 216 In re New South Wales Public Service Clerical Officers' Association (1951) 50 AR 331 In re Town, Shire and County Clerks (State) Conciliation Committee (No 2) (1966) 66 AR (NSW) 390 CASES CITED: Knowles v Anglican Church Property Trust (No 2) (1999) 95 IR 380 Monk v Dow Corning Australia Pty Ltd [1984] 2 NSWLR 485 Perrott v XcelleNet Australia Ltd (1998) 84 IR 255 Leaves v Mercedes-Benz Pty Ltd (1986) 28 AILR 307 R v Aird; Ex parte Australian Workers' Union (1973) 129 CLR 654 R v Neil and Anor; Ex parte Cinema International Corporation Pty Ltd and Ors (1976) 134 CLR 27 R v McKenzie and Ors; Ex parte Actors and Announcers Equity Association of Australia (1982) 148 CLR 573 R v Portus; Ex parte Federated Clerks' Union of Australia (1949) 79 CLR 428 R v Watson; Ex parte Australian Workers' Union (1972) 128 CLR 77 Re Building and Construction Industry Labourers on Site (State Award) (Unreported, Cahill J, 21 October 1986) Re University Employees (State) Conciliation Committee per Beattie J, Matter Nos 532 of 1974 and 10 of 1975, 6 June 1975 at 21 (1975 AILR 538) Reeves v FLAIEU, NSW Branch (Unreported, Maidment J, 1 February 1990) SDA v Norman Ross Homeworks Pty Ltd (Unreported, Hungerford J, 11 December 1989) Strathfield Group Ltd v Hall (2002) 121 IR 158