Health Services Union and others and Director-General, NSW Department of Health and another [2010] NSWIRComm 42

Industrial Relations Commission of New South Wales

CITATION: Health Services Union and others and Director-General, NSW Department of Health and another [2010] NSWIRComm 42

Health Services Union (Notifier/Applicant) PARTIES: Australian Salaried Medical Officer's Federation (New South Wales) (Notifier) New South Wales Nurses' Association (Notifier) Director-General, NSW Department of Health (Respondent)

FILE NUMBER(S): IRC 598; 638; 1337 and 1380 of 2009

CORAM: Walton J Vice-President; Kavanagh J; Grayson DP

CATCHWORDS: INDUSTRIAL DISPUTE - proposed fee increase for the private use of NSW Health motor vehicles - subsequent application to make an award - Memoranda of Understanding - preliminary issue in the industrial dispute proceedings - whether the proposed increase for private use of NSW Health motor vehicles falls within the "no extra claims" clause of the health industry awards and the Memoranda of Understanding (MOUs) - strict approach to the construction of the "no extra claims" provisions of industrial instruments should be adopted - MOUs apply to all parties to instruments - interpretation of awards - the health industry awards forbid the making of "extra" or "further" claims during the life of each instrument - the expression "no extra claims" has an industrial meaning which may be altered by the terms of any commitments given by the parties to the awards and MOUs - approach to the construction of awards and MOUs is consistent with the principle which requires the instrument to be considered in context - alteration to the motor vehicle policy of NSW Health could not be described as a wage claim or claim for improved conditions of employment - the proposed adjustment to the private rate of official motor vehicles is not caught by the terms of the "no extra claim" clause of the health industry awards or MOU - question of jurisidiction - claim essentially concerns a question as to the application or interpretation of the subject awards or the MOUs as to "no extra claims" provisions - ample power in s 175 of the Act for a determination to be made as to the effect of the "no extra claims" clauses of the awards - the "no extra claim" clauses are directly incidental to the relationship between the employers and employees - ample jurisdiction in the Commission to deal with those issues - application or interpretation of subject awards and MOUs as to "no extra claims" provisions - directions for filing of applications or further applications - further directions programmed