Ambulance Service of NSW and Health Services Union NSW (No 2) [2012] NSWIRComm 115

Industrial Relations Commission New South Wales Medium Neutral Citation: Ambulance Service of NSW and Health Services Union NSW (No 2) [2012] NSWIRComm 115 Hearing dates: 16, 17 October 2012 Decision date: 17 October 2012 Jurisdiction: Industrial Relations Commission Before: Boland J, President Decision: Recommendations made: (1) that the application by ASNSW is adjourned sine die; (2) that the Commission will issue a certificate of attempted conciliation; (3) that pending the filing and serving of an application by the HSU within seven days seeking the form of relief it considers necessary the Commission will list the application for hearing on 17, 18 December 2012. The Commission recognises this may not be sufficient hearing time, but regards it as important that the matter not be left until 2013 before it is commenced to be addressed. If these dates are not convenient the Commission will consider alternatives, but the Commission is anxious to commence hearing the matter in 2012. There are no dates available before 17 and 18 December. It will be left to the parties to agree on the arrangements for the filing and serving of evidence. If there is no agreement the Commission will make the necessary directions; (4) that recommendation (3) above is subject to any industrial action or threat of industrial action being lifted immediately with an undertaking there will be no further industrial action pending the outcome of the arbitration proceedings; (5) that the recommendation of Staff J at [55(1)] of his Honour's Recommendation and Statement that ASNSW is to undertake a review of the workability of the rural reform rosters in respect of phase one, will be implemented according to ASNSW's timetable. The Commission will review the workability of the rosters in the course of the arbitration proceedings to the extent that the rosters have been operating up to 17 and 18 December 2012; (6) that the parties will advise my Associate by midday 18 October 2012 whether these recommendations have been accepted. In the event the HSU does not accept the recommendations and seeks to pursue industrial action, the Commission will entertain an early relisting of the application for dispute orders; (7) liberty to either party to apply on short notice. Catchwords: INDUSTRIAL DISPUTE - Application for dispute orders in respect of threatened industrial action by ambulance officers in defiance of Commission recommendation - Recommendations made that threatened industrial action not occur and that issues proceed to arbitration - Application for dispute orders adjourned pending outcome of arbitration proceedings Legislation Cited: Industrial Relations Act 1996 Cases Cited: Ambulance Service of NSW and Health Services Union NSW [2012] NSWIRComm 111 Category: Procedural and other rulings Parties: Ambulance Service of New South Wales (Notifier in IRC2012/962 and Respondent in IRC2012/1045) Health Services Union NSW (Respondent in IRC2012/962 and Notifier in IRC2012/1045) Representation: Mr R Goot SC with Mr D Mahendra of counsel (Notifier in IRC2012/962 and Respondent in IRC2012/1045) Mr J Murphy of counsel (Respondent in IRC2012/962 and Notifier in IRC2012/1045) File Number(s): IRC 962 of 2012 IRC 1045 of 2012