Australian Medical Association (NSW) Limited (on behalf of Sarah Louise Esslemont and others) and Sydney South West Area Health Service, and other matters [2009] NSWIRComm 1093

Industrial Relations Commission of New South Wales

CITATION: Australian Medical Association (NSW) Limited (on behalf of Sarah Louise Esslemont and others) and Sydney South West Area Health Service, and other matters [2009] NSWIRComm 1093

APPLICANTS Australian Medical Association (NSW) Limited (IRC 813 and 841 of 2009) Richard Charles Fitzpatrick (IRC 1180 of 2009) PARTIES: Sarah Louise Esslemont (IRC 1181 of 2009) Peter Michael Nickolls (IRC 1182 of 2009)

RESPONDENT Director-General, NSW Health in respect of Sydney South West Area Health Service

FILE NUMBER(S): IRC 813, 841, 1180, 1181 and 1182 of 2009

CORAM: McKenna C

CATCHWORDS: Unfair dismissal applications - threat of dismissal - industrial dispute re alterations to casual doctors' pay, conditions and rostering - evidence of threatened dismissal not established - alterations to rosters would not, in any event, amount to dismissals that were harsh, unreasonable or unjust - otherwise, established remuneration to be maintained - unfair dismissal applications dismissed - leave to relist for formalisation of any relief concerning remuneration

LEGISLATION CITED: Industrial Relations Act 1996 s 84, 130

CASES CITED: The Director-General, NSW Department of Health, in respect of the Hunter New England Area Health Service and Australian Medical Association (NSW) Limited [2008] NSWIRComm 112

HEARING DATES: 17, 19, 21 August; 9 September; 16 October; 4, 11 November 2009

DATE OF JUDGMENT: 3 December 2009

APPLICANTS Ms F Hancock of counsel LEGAL REPRESENTATIVES: RESPONDENT Mr K Bennett of counsel