HSUeast v Ambulance Service of New South Wales [2012] NSWIRComm 91

Industrial Relations Commission New South Wales Medium Neutral Citation: HSUeast v Ambulance Service of New South Wales [2012] NSWIRComm 91 Hearing dates: 23 - 25 July 2012 Decision date: 24 August 2012 Jurisdiction: Industrial Court of NSW Before: Staff J Decision: 1.The application is dismissed. 2.The question of costs is reserved. The question of costs has been reserved because the proceedings involve a dispute between a trade union and an employer. I grant liberty to apply in respect of the question of costs. Such liberty should be exercised within 21 days of the date of this decision. Catchwords: Award benefit - application for declaration of right - ambulance officers - whether entitled to receive payment for travelling to and from ambulance station to undertake an overtime shift - whether cl 14 of the Operational Ambulance Officers (State) Award applies to such travel - meaning of words "directed to report for duty" - held - entitlement to overtime and expenses provided by cl 14 not applicable when undertaking overtime shift - application dismissed - Industrial Relations Act 1996, s 154. Legislation Cited: Industrial Relations Act 1996 Cases Cited: Director of Public Employment (by her agent the Commissioner of New South Wales Fire Brigades) v New South Wales Fire Brigades Employees' Union [2008] NSWIRComm 158; (2008) 180 IR 170 Health Services Union v Director-General NSW Department of Health [2010] NSWIRComm 145 Category: Principal judgment Parties: HSUeast (Applicant) Ambulance Service of New South Wales (Respondent) Representation: Counsel: Mr J Murphy (Applicant) Mr R C Kenzie QC (Respondent) Solicitors: HSUeast (Applicant) Ambulance Service of New South Wales (Respondent) File Number(s): IRC 489 of 2012