Notification under section 130 by the New South Wales Nurses' Association of a dispute with Hunter New England Area Health Service and Another regarding withdrawal of half hour paid meal break [2009] NSWIRComm 1087

Industrial Relations Commission of New South Wales

CITATION: Notification under section 130 by the New South Wales Nurses' Association of a dispute with Hunter New England Area Health Service and Another regarding withdrawal of half hour paid meal break [2009] NSWIRComm 1087 This decision has been amended. Please see the end of the judgment for a list of the amendments.

NOTIFIER New South Wales Nurses' Association PARTIES: RESPONDENTS Hunter New England Area Health Service New South Wales Health Department

FILE NUMBER(S): IRC 1814 of 2008

CORAM: Stanton C

CATCHWORDS: Industrial dispute - withdrawal of paid meal break - former public servant employees - application and purpose of Schedule 3 of Health Administration Act 1982 - application and purpose of Department of Health Policy Directive - preserved conditions of employment - whether certain employees have onging entitlement to paid meal break - employment conditions applicable to transferred employees - transferred position - designated position. Held - no entitlement to paid meal break pusuant to provisions of Schedule 3 and Policy Directive.

Industrial Relations Act 1996 LEGISLATION CITED: Health Administration Act 1982 Public Hospitals Act 1929

CASES CITED: Cole v Director-General of Department of Youth and Community Services (1987) 7 NSWLR543 State Rail Authority Firefighters Award 2001[2002] NSWIRComm 159

27 April 2009 HEARING DATES: 14 July 2009 24 July 2009