NSW Caselaw
Industrial Court of New South Wales
CITATION: Health Services Union v Director-General NSW Department of Health [2010] NSWIRComm 145
PARTIES: Health Services Union (Applicant) Director-General NSW Department of Health (Respondent)
FILE NUMBER(S): IRC 1816 of 2009
CORAM: Staff J
CATCHWORDS: AWARD BENEFIT - application for declaration of right - medical officers - whether entitled to be classified and paid as registrars pursuant to Public Hospital (Medical Officers) Award - meaning of the term "registrar" in Award - whether medical officers appointed to and occupying established position of registrar for purposes of Award - whether medical officers perform full range of duties of registrar - respondent rejected applications for classification of medical officers as registrars - court unable to undertake merit review - application requires findings of facts to be made - exercise of discretion - application dismissed - Industrial Relations Act 1996 (NSW), s 154
Administrative Decisions Tribunal Act 1997 (NSW) LEGISLATION CITED: Health Services Act 1997 (NSW) Industrial Relations Act 1996 (NSW) Police Act 1990 (NSW)
"A" v Commission for Children and Young People & Anor (2001) 107 IR 211 ALHMWU v Manilla RSL and Ex-Servicemens' Club Ltd [2000] NSWIRComm 122 Atlantis Relocations (NSW) Pty Ltd v Department of Industrial Relations (Inspector O'Regan) (1997) 99 IR 125 Director of Public Employment (by her agent the Commissioner of New South Wales Fire Brigades) v New South Wales Fire Brigades Employees' Union (2008) 180 IR 170 CASES CITED: Ford v SAS Trustee Corporation and Another (2000) 98 IR 444 Kucks v CSR Ltd (1996) 66 IR 182 State of New South Wales (Department of Public Works and Services and Department of Education and Training) v WorkCover Authority of New South Wales (Inspector Page) (2000) 101 IR 131 T v The Commission for Children and Young People. Application by T for declaratory relief under s 154 of the Industrial Relations Act 1996 [2008] NSWIRComm 21 Western Sydney Area Health Service v Gibson (2001) 109 IR 359
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