Ambulance Service of NSW and Health Services Union NSW [2012] NSWIRComm 111

Industrial Relations Commission New South Wales Medium Neutral Citation: Ambulance Service of NSW and Health Services Union NSW [2012] NSWIRComm 111 Hearing dates: 11, 28 September, 5, 9 October 2012 Inspections: 4, 8 October 2012 Decision date: 09 October 2012 Before: Staff J Decision: 1.The Ambulance Service of NSW consistent with the Memorandum of Understanding between the parties, is to undertake a review of the workability of the rural reform rosters in respect of phase one, after such rosters have operated for a period of three consecutive roster periods (28 day roster periods). 2.In accordance with the strategy of the Ambulance Service of NSW to improve its efficiency, the Ambulance Service of NSW should liaise with local health authorities in an attempt to reduce non-urgent transfers between midnight and 8.00am and any other matter that might assist in addressing issues of officer fatigue. 3.Zone Managers, Deployment Managers and station officers should take into account a desire of an officer to work particular days, based on individual circumstances, for example, child care arrangements, attendance at weddings and other important events, when developing roster projections. An officer in the Human Resources Section of the Ambulance Service of NSW in Sydney should be made available to deal with any particular officer/s grievances if not addressed, at a local level. 4.Pursuant to s 136(1)(a) of the Industrial Relations Act 1996, I direct that the Health Services Union NSW and employees of the Ambulance Service of NSW are not to organise, participate or be involved in any industrial action arising from the introduction of the rural reform rosters at regional non-24 hour stations which provides for the working of an 8 hour day shift and an 8 hour afternoon shift. 5.Leave is reserved for either party to re-list the dispute, at short notice if required. Catchwords: Industrial disputes - Ambulance Service of NSW - introduction of 8 hour shifts - threat of industrial action - direction made Legislation Cited: Industrial Relations Act 1996 Category: Principal judgment Parties: Ambulance Service of New South Wales (Applicant) Health Services Union NSW (Respondent) Representation: Mr I Taylor SC with Mr D Mahendra of counsel (11, 28 September, 5 October 2012) and Mr P Ginters of counsel (9 October 2012) (Applicant)Mr J Murphy of counsel (Respondent) Lander & Rogers solicitors (Applicant) Health Services NSW (Respondent) File Number(s): IRC 962 and 1045 of 2012