Notification under section 130 by HSU East of a dispute with Ambulance Service of New South Wales re Clause 5 of the Operational Ambulance Officers (State) Award [2012] NSWIRComm 24

Industrial Relations Commission New South Wales Medium Neutral Citation: Notification under section 130 by HSU East of a dispute with Ambulance Service of New South Wales re Clause 5 of the Operational Ambulance Officers (State) Award [2012] NSWIRComm 24 Hearing dates: 9/11/2011 Decision date: 28 March 2012 Before: Backman J Decision: In the absence of agreement the HSUE is precluded from claiming the Specialist Allowance on behalf of SOT Paramedics on the basis that it would constitute an extra claim. Where agreement is forthcoming under clause 5 between the parties during the life of the Award, SOT Paramedics should be entitled to payment of the Specialist Allowance under the clause, on the basis that such payment would not constitute an "extra claim". Catchwords: AWARD - interpretation of clause 5 of the Award - whether Special Operations Team (SOT) Paramedics should be paid a Specialist Allowance on the basis that they fall within "other specialties" in clause 5 - whether the allowance, if payable, would constitute an "extra claim" in the absence of agreement - whether the allowance, if payable, would constitute an "extra claim" in the event of agreement - meaning of clause 5 - significance of "no extra claims" provisions in the Award and in the related Memorandum of Understanding - Held: specialist allowance in the absence of agreement constitutes an "extra claim" - Held: specialist allowance in the event of agreement would not constitute an extra claim Legislation Cited: Industrial Relations Act 1996 Cases Cited: Crown Employees (Teachers in Schools and Related Employees) Salaries and Conditions Award and Crown Employees (Teachers in TAFE and Related Employees) Salaries and Conditions Award [2008] NSWIRComm 209; 181 IR 245 George A Bond & Co Ltd (in Liq) v McKenzie [1929] AR (NSW) 498 Health Services Union and Others and Director-General, NSW Department of Health and Others [2010] NSWIRComm 42; 193 IR 359 Category: Interlocutory applications Parties: Health Services Union East (Applicant) Ambulance Service of New South Wales (Respondent) Representation: Mr W Ash (Industrial Officer) (Applicant) Mr N Quinn (Senior Industrial Relations Specialist) with Mr P Edwards (Respondent) File Number(s): IRC 1107 of 2011