NSW Nurses Assoc. v NCAHS [2010] NSWIRComm 1057

Industrial Relations Commission of New South Wales

CITATION: NSW Nurses Assoc. v NCAHS [2010] NSWIRComm 1057

APPLICANT: PARTIES: NSW Nurses Association RESPONDENT: North Coast Area Health Service

FILE NUMBER(S): 317 of 2010

CORAM: Ritchie C

Award-Award interpretation-claim of entitlement-laundry allowance-principles of Award interpretation-Importance of actual words used. Claim by nurses to be paid a laundry allowance as hospital had not laundered at hospitals expense. CATCHWORDS: Hospital claimed that a laundry service existed but just not used by nurses. Found that hospital had not laundered uniforms at the hospital's expense expense therefore the hospital had failed to comply with the award. Found also that no direction had been made by the hospital requiring nurses to use the laundry service. Orders made in favour of the applicant.

LEGISLATION CITED: Industrial Relations Act,1996

Construction, Forestry, Mining and Energy Union (New South Wales Branch) v Delta Electricity (2000) NSWIRComm135. CASES CITED: Kingmill Australia Pty Ltd t/as Thrifty Car Rental v Federated Clerks Union of Australia, New South Wales Branch (2001) NSWIRComm141. Bryce v Apperley (1998) 82IR448 at p.452 Health and Research Employees' Association of New South Wales v Health Administration Coroporation (matter no 295of 1991).

HEARING DATES: 22/09/10, 23/09/10

DATE OF JUDGMENT: 27 October 2010

APPLICANT. Mr H Maratheftis and Mr D Steed of the New South Wales Nurses' Association LEGAL REPRESENTATIVES: RESPONDENT Ms S Anderson Solicitor of Anderson Randall Ms J Boot of NCAHS