HSUeast (now known as Health Services Union NSW) and Sydney Local Health District [2012] NSWIRComm 97

Industrial Relations Commission New South Wales Medium Neutral Citation: HSUeast (now known as Health Services Union NSW) and Sydney Local Health District [2012] NSWIRComm 97 Hearing dates: 24 August 2012 Decision date: 05 September 2012 Before: Staff J Decision: 1. The Royal Prince Alfred Hospital has the right to vary Ms Borg's roster hours, subject to compliance with the Award. 2. Pursuant to s 136(1)(a) of the Industrial Relations Act 1996, I direct that Ms Borg is to commence duties with the Sydney Local Health District (Royal Prince Alfred Hospital) at 7.00am and finish at 3.30pm, with arrangements for her to attend physiotherapy appointments at 3.00pm to be made for a period of three months from the date of this decision. At the conclusion of this period, further discussions between the Royal Prince Alfred Hospital and Ms Borg should occur concerning her attendance at any ongoing physiotherapy appointments. Any attendance by Ms Borg at a physiotherapy appointment during her normal working hours can occur with Ms Borg utilising sick leave or leave without pay. Catchwords: INDUSTRIAL DISPUTE - employee's start and finish times - roster hours - contract of employment - award - statute - direction made - s 136(1)(a) Legislation Cited: Health Administration Act 1982 Health Services Act 1997 Industrial Relations Act 1991 Industrial Relations Act 1996 Cases Cited: Chittick v Ackland (1984) 53 ALR 143; (1984) 1 FCR 254 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 New South Wales Teachers Federation and Director-General of Education and Training (No 2) [2008] NSWIRComm 218 NSW Nurses' Association v Sydney Local Health District [2012] NSWIRComm 52 Category: Principal judgment Parties: HSUeast (now known as Health Services Union NSW) (Applicant) Director-General, Ministry of Health; NSW Health Services and Sydney Local Health District (Respondent) Representation: Health Services Union NSW (Applicant) Sydney Local Health District (Respondent) File Number(s): IRC 782 of 2012