Staff Specialist (State) Award, Re [2007] NSWIRComm 191

Industrial Relations Commission of New South Wales

CITATION: Staff Specialist (State) Award, Re [2007] NSWIRComm 191

APPLICANT: Australian Salaried Medical Officers' Federation (New South Wales) PARTIES: RESPONDENT: Director General, New South Wales Department of Health

FILE NUMBER(S): IRC 3863 of 2004 and 3871 of 2005

CORAM: Boland J

CATCHWORDS: Industrial dispute - Claim for Emergency Physicians in public health system to be paid a Special Service Allowance of 25 per cent - Counter claim by employer attaching conditions to payment of Allowance involving changes to working hours arrangements and flexibility regarding work location - Parties agreed to accept recommendation of the Commission - Severe shortage of Emergency Physicians - Implications for claim of Full Bench decision in 2006 granting 14 per cent to staff specialists - Double counting - Consideration of workforce planning strategies in place or proposed by employer - Remuneration of Emergency Physicians in other States - Danger of flow on - Consideration of employer counter claim - Recommendation made based on employer counter claim

LEGISLATION CITED: Health Services Act 1997 s 116A Industrial Relations Act 1996 s 134(2)

CASES CITED: Staff Specialists (State) Award, (No 2) Re [2007] NSWIRComm 63 Staff Specialists (State) Award, Re (2006) 152 IR 405

HEARING DATES: 28 June 2007

DATE OF JUDGMENT: 6 August 2007

APPLICANT: Mr J Nolan of counsel Australian Salaried Medical Officers' Federation (New South Wales) Mr S Mead LEGAL REPRESENTATIVES: RESPONDENT: Mr M Kimber of senior counsel Director General, New South Wales Department of Health Ms K Crawshaw