Health Services Union v Ambulance Service of New South Wales (No. 2) [2007] NSWIRComm 165

Industrial Relations Commission of New South Wales

CITATION: Health Services Union v Ambulance Service of New South Wales (No. 2) [2007] NSWIRComm 165

PARTIES: Health Services Union Director General, NSW Department of Health in respect of the Ambulance Service of New South Wales

FILE NUMBER(S): 2509 of 2006

CORAM: Grayson DP

Industrial dispute - Whether newly created positions appropriately graded within award classification structure - Progressive reforms within NSW Ambulance Service - Whether newly created positions involve simple change of job title or substantive change in work requirements - Whether satisfaction of Work Value Principle necessary to justify reclassification - Onus on notifier to satisfy strict test - Operation of Work Value Principle - Test of significant net addition to work requirements - Change in work by themselves may not lead to change in wage rates - Conflicting evidence as to devolution of responsibility to newly created positions CATCHWORDS: Held - Strict test of Work Value Principle not met - Evidence does not on balance support significant net addition to work requirements - Evidence to the contrary preferred - Application for dispute orders dismissed

LEGISLATION CITED: Industrial Relations Act 1996

HSU v Ambulance Service of NSW (No. 1) [2007] NSWIRComm 151 Re Medical Officers - Hospital Specialists (State) Award (1990) 33 IR 79 CASES CITED: Re Public Hospital Nurses' (State) Award (No 4) (2004) 131 IR 17 State Wage Case 2007 [2007] NSWIRComm 118 State Wage Case August 1989 (1989) 30 IR 107 TAFE Case - Full Bench of the Industrial Commission of NSW, Matter Nos 515, 566 and 1619 of 1989, 7 August 1991