NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: New South Wales Nurses' Association v Macquarie Hospital [2007] NSWIRComm 1078
APPLICANT New South Wales Nurses' Association PARTIES: RESPONDENT Macquarie Hospital
FILE NUMBER(S): 1115 of 2007
CORAM: McLeay C
CATCHWORDS: Dispute - nursing industry - rostering - whether right exists to retain set rosters - meaning of "At this time" when rsoter changed in 1994 - evidence given by parties to the 1994 agreement - conformity with industrial principles - questions of fairness and equity considered - found set rosters are condition of employment - roster can only be changed by mutual agreement
LEGISLATION CITED: Industrial Relations Act 1996
In re Shift Workers Case 1972 (1972 AR 633) CASES CITED: Lavings v Barclay Mowlen Construction (NSW) Limited (1994) 99 IR 247 McKerlie v Lakeview and Star Limited (1937) 58 CLR 396
HEARING DATES: 16/10/07
DATE OF JUDGMENT: 8 November 2007
APPLICANT Ms E McMillan New South Wales Nurses' Association LEGAL REPRESENTATIVES: RESPONDENT Mr R Hitchen Northern Sydney Central Coast Area Health Service
DECISION: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
CORAM: MCLEAY C
8 November 2007
Matter No IRC 1115 of 2007
Notification under section 130 by New South Wales Nurses' Association of a dispute with Macquarie Hospital re change of member roster
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