South Eastern Sydney and Illawarra Area Health Service (formerly Illawarra Area Health Service) v Health Services Union (on behalf of Barry Alexander Peisley) [2007] NSWIRComm 157

Industrial Relations Commission of New South Wales

CITATION: South Eastern Sydney and Illawarra Area Health Service (formerly Illawarra Area Health Service) v Health Services Union (on behalf of Barry Alexander Peisley) [2007] NSWIRComm 157

APPELLANT (RESPONDENT ON CROSS APPEAL) South Eastern Sydney and Illawarra Area Health Service (formerly Illawarra Area Health Service)

PARTIES: RESPONDENT (APPELLANT ON CROSS APPEAL) Health Services Union (on behalf of Barry Alexander Peisley)

INTERVENOR The Health Administration Corporation

FILE NUMBER(S): IRC 4297 and 4307 of 2005

CORAM: Walton J Acting President; Marks J; Ritchie C

Application for leave to appeal by Union and employer - appeal from decisions of Commissioner - work bans imposed by security officers employed in hospital claiming payment of allowance for ancillary fire duties as prescribed by the Health Employees' (State) Award - no provision in Award describing ancillary fire duties but allowance described in Department of Health circular CATCHWORDS: Whether Commissioner had jurisdiction to deal with the matter under s365 - whether activities contemplated within description of ancillary fire duties were undertaken by security officers - whether security officers should receive payment of allowance over the prescribed wage for their classification - Commissioner determined that security officers were entitled to payment of allowance from date of decision - Commissioner failed to set out reasoning process - leave to appeal granted - principles of award interpretation - requirement that duties be in addition to responsibilities of normal employment situation - fire safety duties performed by security officers supplemented the duties and responsibilities of security officers employed in that capacity - further evidence admitted - only necessary that any one of the 'ancillary fire safety duties' be the subject of requirement entitling payment of allowance - no suggestion that work was performed in addition to normal work - no demonstration of entitlement to the payment of ancillary fire safety allowance - appeal by Union dismissed and appeal by employer upheld - decision of Commissioner quashed