Director General, NSW Department of Health and New South Wales Nurses Association (No 3) [2010] NSWIRComm 190

Industrial Relations Commission of New South Wales

CITATION: Director General, NSW Department of Health and New South Wales Nurses Association (No 3) [2010] NSWIRComm 190

PARTIES: Director General, NSW Department of Health (Notifier) New South Wales Nurses Association (Respondent)

FILE NUMBER(S): IRC 1330 and 1473 of 2010

CORAM: Boland J President

CATCHWORDS: INDUSTRIAL DISPUTE - Nurses - Public health system - Application by employer for dispute orders in relation to proposed industrial action in support of claims for improved wages and working conditions for nurses - Nurse ratios and skill mix - Recommendation that employer table a firm offer in response to nurses' claims - Recommendation that industrial action be deferred until consideration is given to employer's offer - Consideration of employer's application for dispute orders deferred

LEGISLATION CITED: Industrial Relations Act 1996 s 130

CASES CITED: Director General, NSW Department of Health v New South Wales Nurses Association [2010] NSWIRComm 160 Director General, NSW Department of Health v New South Wales Nurses Association (No 2) [2010] NSWIRComm 163

HEARING DATES: 17 December 2010 EXTEMPORE JUDGMENT DATE: 17 December 2010

Mr T Craft (Notifier) for NSW Department of Health LEGAL REPRESENTATIVES: Ms C Howell of counsel with Ms R Kassis (Respondent) for NSW Nurses Association

JUDGMENT:

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

CORAM: BOLAND J, President

Friday 17 December 2010

Matter No IRC 1330 of 2010

DIRECTOR GENERAL, NSW DEPARTMENT OF HEALTH v NEW SOUTH WALES NURSES ASSOCIATION