NSW Nurses' Association v Sydney Local Health District [2012] NSWIRComm 52

Industrial Relations Commission New South Wales Medium Neutral Citation: NSW Nurses' Association v Sydney Local Health District [2012] NSWIRComm 52 Hearing dates: 22 May 2012; 31 May 2012 Decision date: 27 June 2012 Before: Boland J, President Decision: The Court makes the following orders: (a)The application for declaratory relief is refused. (b)No order as to costs. Catchwords: DECLARATORY RELIEF - AWARDS - Claim by NSW Nurses Association on behalf of seven nurses for declaratory order that it was as an express contractual term of the nurses' employment, that they would not be rostered for night shift - Whether representations were made that nurses would not be required to work night shift - Whether representations constituted binding contractual obligation - Whether persons making representations had the authority to bind the employer - Delegation of power under Health Services Act 1997 - Presumption of regularity - Held application for declaratory relief refused Legislation Cited: Health Administration Act 1982 Health Service Act 1997 Industrial Relations Act 1996 Interpretation Act 1987 Public Hospitals Act 1929 (repealed) Cases Cited: Air Great Lakes Pty Ltd v K S Easter (Holdings) Pty Ltd (1985) 2 NSWLR 309 Crown in Right of the State of New South Wales (Director-General, NSW Department of Health) in respect of Sydney West Area Health Service v New South Wales Nurses' Association [2011] NSWIRComm 111 Director-General of Education v Suttling [1987] HCA 3; (1987) 162 CLR 427 Downe v Sydney West Area Health Service (No 2) [2008] NSWSC 159; (2008) 71 NSWLR 633 Ermogenous v Greek Orthodox Community of South Australia Inc [2002] HCA 8; (2002) 209 CLR 95 at [25] Gillies v Health Administration Corporation [2003] NSWIRComm 243 Goldman Sachs JB Were Services Pty Ltd v Nikolich [2007] FCAFC 120; (2007) 163 FCR 62 GR Securities Pty Ltd v Baulkham Hills Private Hospital Pty Ltd (1986) 40 NSWLR 631 Health Administration Corporation v Crocker [2004] NSWIRComm 163; (2004) 138 IR 147 Hill v Woollahra Municipal Council [2003] NSWCA 106; (2003) 127 LGERA 7 Morris v Kanssen [1946] AC 459 Public Service and Professional Officers Association Amalgamated Union of NSW v Director of Public Employment [2011] NSWIRComm 152 Saad v TWT Limited [1998] NSWSC 199 State Rail Authority (NSW) v Heath Outdoor Pty Ltd (1986) 7 NSWLR 170 The Minister for Natural Resources v The New South Wales Aboriginal Land Council and anor (1987) 9 NSWLR 154 Category: Principal judgment Parties: New South Wales Nurses Association (Applicant) Director-General of Health on behalf of the Sydney Local Health District (Respondent) Representation: Mr M Gibian of counsel (Applicant) Mr A Britt of counsel (Respondent) File Number(s): IRC 358 of 2012