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 Notification of an industrial dispute by the Director General, NSW Department of Health relating to proposed industrial action by nurses Matter No IRC 1473 of 2010 DIRECTOR GENERAL, NSW DEPARTMENT OF HEALTH v NEW SOUTH WALES NURSES ASSOCIATION Notification of an industrial dispute by the Director General, NSW Department of Health relating to proposed industrial action by nurses STATEMENT AND RECOMMENDATION [2010] NSWIRComm 190 1 On Wednesday 15 December 2010 the Director General, NSW Department of Health notified a dispute pursuant to s 130 of the Industrial Relations Act 1996 concerning proposed bans by the NSW Nurses Association in connection with the Association's current claim for increased wages and improved working conditions in the Public Health System Nurses and Midwives (State) Award and in connection with the Association's claims regarding Nurse Ratios and Skill Mix. The proposed bans involve bed closures and service restrictions. 2 The Commission had earlier dealt with the dispute in relation to a threatened strike by the Association in support of its claims: 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. 3 On this latest occasion the Director General indicated that the proposed bed closures and service restrictions would have a "very significant detrimental and escalating effect on the NSW health system for the treatment and care of patients." The Director General sought dispute orders in respect of the renewed threat of industrial action. 4 The Commission sought to explore with the parties whether there was any alternative to the industrial action and the consequential possibility of further dispute orders issuing that might assist in achieving some progress towards resolving the issues at the heart of the dispute. The Commission does not underestimate the complexity of the issues involved, but the Commission is cognisant of the fact that discussions and negotiations between the parties have been going on for some months now and there has built up within the ranks of nurses in the public health system a degree of frustration about the lack of progress on their claims. 5 It is apparent that further progress might be achieved once a firm offer is made by the Director General responding to the claim concerning Nurse Ratios and Skill Mix. Having conferred with the parties, the Commission has decided to defer consideration of the Director General's application for dispute orders and instead makes the following recommendations to the parties: (1) the Director General is to formulate a written offer in response to the Association's claims regarding Nurse Ratios and Skill Mix and that response is to be provided to the Association by no later than Thursday, 13 January 2011; (2) the response is to be tabled before the Commission as presently constituted at 10. 00 am on Tuesday, 18 January 2011; (3) the Association is to defer any planned industrial action until at least it has received the Director General's offer and has had the opportunity of considering the offer and responding to it; (4) the parties shall advise the Commission of their position in respect of the foregoing recommendations by 4.00 pm on Monday, 20 December 2010; and (5) liberty to apply at short notice. _____________________________________ DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. 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