NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Notification under section 130 by the Ambulance Service of New South Wales of a dispute with Health Services Union re threatened industrial action in Inner Hunter area [2008] NSWIRComm 1136
NOTIFIER PARTIES: Ambulance Service of New South Wales RESPONDENT Health Services Union
FILE NUMBER(S): 5194 of 2005
CORAM: Stanton C
Industrial dispute - full roster maintenance - single and double crewing of ambulances - casual short notice absences - drop shift overtime - managerial prerogative - occupational health and safety - duties of employer and employees - risk and hazard management - workplace stress - foreseeability - policies and procedures. CATCHWORDS: Held, trial period of full roster maintenance to be implemented and evaluated.
LEGISLATION CITED: Industrial Relations Act 1996 Occupational Health and Safety Act 2000
Notification under s.204 of Industrial Relations Act 1991 by Ambuance Service of New South Wales of a dispute with the Health and Research Employees' Association of New South Wales (unreported, Cahill VP, Matter IRC 2208 of 1996) Ambuance Service of New South Wales and Health and Research Employees' Association of New South Wales (unreported, Redman C, Matter IRC 5943 of 2002) Bankstown Foundry Pty Ltd v Braistina (1986) 160 CLR 301 Carrington Slipways; Shannon v Comalco Aluminium Ltd (1986) 19 IR 358 Re Cram ex parte New South Wales Colliery Proprietors' Association Ltd (1987) 163 CLR 117 Drake Personnel Ltd v WorkCover Authority of New South Wales (Inspector Ch'ng) (1999) 90 IR 432 CASES CITED: Federated Engine Drivers and Firemen's Association of Australasia (Coast District) and the Broken Hill Proprietary Company Limited [1950] AR 371 Health Commission of New South Wales and the Health and Research Employees' Association of Australia, New South Wales Branch (unreported, Wells SCC, Matter IRC 326 of 1981, 5 March 1982) Health Services Union and Ambulance Service of New South Wales [2008] NSWIRComm 1027 Steel Works Employees and Engine Drivers, &c (Australian Iron and Steel Limited - Port Kembla) Award [1956] AR 855 WorkCover Authority of New South Wales (Inspector Byer) v Cleary Bros (Bombo) [2001] NSWIRComm 278 WorkCover Authority of New South Wales (Inspector Egan) v ATCO Controls Pty Limited (1998) 82 IR 85 WorkCover Authority of New South Wales v Industrial Galvanisers Corporation (2002) 119 IR 306
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