NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Public Health System Nurses' and Midwives' (State) Award [2009] NSWIRComm 129
New South Wales Nurses' Association (Applicant)
PARTIES: Director-General, NSW Department of Health (Respondent)
Director of Public Employment (Intervenor)
FILE NUMBER(S): IRC 1277 of 2008
CORAM: Boland J President; Walton J Vice-President; Grayson DP; Ritchie C
CATCHWORDS: AWARD - application to vary night shift allowances for nurses - penalty rates - Memorandum of Understanding - leave reserved in award - application of principles in Shift Workers Case - whether case for variation of quantum of allowances fixed by Shift Workers Case - health risks - medical factors - social and domestic inconvenience - patterns of work - casual and part-time employment - permanent night shift - case based on medical factors fails - case based on changed social and domestic inconvenience fails - weekend penalty rates case fails - application to vary night shift allowances dismissed - conditions on dismissal - leave reserved.
LEGISLATION CITED: Industrial Arbitration Act 1940 Occupational Health and Safety Act 2000
CASES CITED: Operational Ambulance Officers (State) Award (2001) 113 IR 384 Shift Workers Case 1972, 1972 AR 633
HEARING DATES: 4/5/09, 5/5/09, 6/5/09, 7/5/09, 11/5/09, 14/5/09
DATE OF JUDGMENT: 18 September 2009
Ms C Howell of counsel NSW Nurses' Association (Applicant)
Mr I Taylor of counsel LEGAL REPRESENTATIVES: Director-General, NSW Department of Health (Respondent)
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