Industrial Relations Commission of New South Wales CITATION: NSW Department of Health and Health Services Union [2008] NSWIRComm 144 NOTIFIER (OF INDUSTRIAL DISPUTE): NSW Department of Health PARTIES: RESPONDENT (TO INDUSTRIAL DISPUTE): Health Services Union FILE NUMBER(S): IRC 1198 of 2008; IRC 2064 of 2006; IRC 1123 of 2007; IRC 1354 of 2007; IRC 1355 of 2007 and IRC 1356 of 2007 CORAM: Walton J Vice-President; Grayson DP; Staff J CATCHWORDS: Award applications - Industrial dispute - Bans imposed by Union whilst applications to vary awards part heard - Award applications involve substantial industrial claims - Recommendations not followed by HSU - In view notion HSU submissions Direction made requiring immediate lifitng of bans LEGISLATION CITED: Industrial Relations Act 1996 HEARING DATES: 25 and 28 July 2008 DATE OF JUDGMENT: 28 July 2008 NOTIFIER: Mr J Nolan of counsel Ms A Owens NSW Department of Health LEGAL REPRESENTATIVES: RESPONDENT: Mr J Murphy of counsel Mr D Ravlich Health Services Union JUDGMENT: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES FULL BENCH CORAM: WALTON J, Vice-President GRAYSON DP STAFF J Monday 28 July 2008 Matter No IRC 1198 of 2008 Notification under section 130 by NSW Department of Health of a dispute with Health Services Union re work bans Matter No IRC 2064 of 2006 OPERATIONAL AMBULANCE OFFICERS (STATE) AWARD Application by Health Services Union for variation re clause 5, classifications, in the Operational Ambulance Officers (State) Award Matter No IRC 1123 of 2007 AMBULANCE SERVICE OF NEW SOUTH WALES SUPERINTENDENT/OPERATIONAL MANAGERS (STATE) AWARD Application by Health Services Union for variation re Clause 4 Matter No IRC 1354 of 2007 OPERATIONAL AMBULANCE OFFICERS (STATE) AWARD Application by NSW Department of Health for new award Matter No IRC 1355 of 2007 AMBULANCE OPERATIONS CENTRE (STATE) AWARD Application by NSW Department of Health for new award Matter No IRC 1356 of 2007 AMBULANCE MANAGERS (STATE) AWARD Application by NSW Department of Health for new award STATEMENT AND DIRECTION (NO. 2) [2008] NSWIRComm 144 1 We have received a report this morning from the respective interests. That report has indicated that the recommendation issued by us on Friday last has not, as yet, been accepted by the HSU or its members engaged in the Ambulance Service. We also have before us a newsletter which is marked as exhibit 2 in the proceedings indicating that the union officers have called an extraordinary state wide ambulance delegates' meeting which is scheduled for 9 am this morning and which is, as we are informed, presently continuing. 2 We were also informed during the course of the submissions by Mr J Murphy of counsel this morning that the officers of the Union during the course of Friday last recommended to various of the HSU's delegates that the recommendation be accepted, although we note that that recommendation is not contained within exhibit 2. Left on that basis alone we may have been inclined to enable our recommendation to run, as it were, until some further report today. However, in view of the submission made this morning by Mr Murphy, a different course must be chosen. He submitted, in effect, that the delegates of the HSU would choose their own course in this matter irrespective of the views of their employer, the Union officers and ultimately the Commission sitting under the provisions of the Industrial Relations Act 1996. No provocation should be offered to them, it was suggested, as, at the end of the day, they would determine the course of this dispute, irrespective of any steps taken by the Commission under the Act. 3 In that light, we consider that there is no other step we may take in the public interest other than the issuing of a Direction in terms sought by Mr Nolan. Indeed, we are gravely concerned that the submission made by Mr Murphy may indicate a degree of industrial anarchy that we have not seen (if we take the views expressed literally) in this industrial area for some considerable time (although, no doubt, regrettably, there have been examples of it over time). 4 In these circumstances we make a Direction that, pursuant to s 134(2) of the Act, the terms of which, in substance, will be the same as the Recommendation issued by us on 25 July 2008. That Direction is as follows: DIRECTION 1. The members of the Health Services Union employed in the Ambulance Service of New South Wales shall cease forthwith and refrain from taking or threatening to take industrial action until further decision of the Commission; 2. The Health Services Union, by its officers and employees, shall take all reasonable steps to ensure that the terms of this Direction are complied with. 5 We further direct that the Direction, so made, be communicated by the General Secretary of the HSU to the delegates' meeting now underway. We will receive a report as to that matter at 12.45 pm this afternoon. _______________________ DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.