Health Employees Medical Radiation Scientists (State) Award and anor [2006] NSWIRComm 34

Industrial Relations Commission of New South Wales

CITATION: Health Employees Medical Radiation Scientists (State) Award and anor [2006] NSWIRComm 34

PARTIES: HEALTH SERVICES UNION HEALTH ADMINISTRATION CORPORATION

FILE NUMBER(S): IRC 6746 of 2004, 2195 of 2005

CORAM: Grayson DP

CATCHWORDS: Application to vary awards - Wage fixing principles - Work value principle - Special case principle - Union application re classification structure and salaries - Employer application re hours - Evidence largely uncontested - History of recent health industry decisions - Employer offer of settlement - Implicit acknowledgement of work value changes and special case attributes - Obligation to consider public interest in the exercise of award making function - Obligation to consider economic impact of decision - Evidence as to any increases being presently unfunded - Hours of work arrangements in existence for seventy years - Scientific basis for such arrangements long since inapplicable - Arrangements have nonetheless remained undisturbed - Increased hours of work would result in decreased hourly value of work - Variation in hours of work arrangements likely to exacerbate staff shortage in public hospital sector - Part time employees would suffer decrease in pay due to different divisor being used to calculate hourly rate - Held, work value change and special case made out - Union application granted in part - Employer application refused.

LEGISLATION CITED: Industrial Relations Act 1996

Health Employees Pharmacists (State) Award (2003) 132 IR 244 CASES CITED: re Hospital Employees (Metropolitan) Conciliation Committee [1938] AR(NSW)507 re Operational Ambulance Officers (State) Award (2001) 113 IR 384 State Wage Case 2005 (2005) 142 IR 337