Elliott v State of New South Wales, Ministry of Health (Ambulance Service of NSW) [2012] NSWIRComm 141

Industrial Relations Commission New South Wales Medium Neutral Citation: Elliott v State of New South Wales, Ministry of Health (Ambulance Service of NSW) [2012] NSWIRComm 141 Hearing dates: 24 - 25 October 2012, 12 - 13 November 2012 Decision date: 07 December 2012 Jurisdiction: Industrial Court of NSW Before: Staff J Decision: 1. Application granted. 2. The parties are directed to file within 14 days of the date hereof, short minutes of order, which reflect the findings made together with the amount that the applicant is entitled to receive pursuant to cl 4 of the Award. If agreement cannot be reached in respect of costs, I will hear the parties. Catchwords: APPLICATION FOR AWARD ENTITLEMENT - payment of partial and permanent disability benefit - ambulance officer - officer suffered on duty injury - termination of employment - entitlement to disability benefit under Award refused - interpretation of clause in Award providing for payment of partial and permanent disability benefit - officer entitled to disability benefit under the Award - costs reserved Legislation Cited: Industrial Relations Act 1996 Cases Cited: Dayton v Coles Supermarkets Pty Ltd [2001] NSWCA 153; (2001) 22 NSWCCR 46 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 Jones v Dunkel (1959) 101 CLR 298 Mercer v ANZ Banking Group [2000] NSWCA 138; (2000) 48 NSWLR 740 Police Association of New South Wales (on behalf of Sahra Gulbis) v Commissioner of Police [2008] NSWIRComm 187 Re Union of Postal Clerks and Telegraphists re; ex parte Australian Telephone and Phonogram Officers' Association (1996) 66 ALR 227 Category: Principal judgment Parties: Neil Charles Elliott (Applicant) State of New South Wales, Ministry of Health (Ambulance Service of NSW (Respondent) Representation: Mr TJ Dixon of counsel (Applicant) Mr D Mahendra of counsel (Respondent) Slater & Gordon (Applicant) Maddocks Lawyers (Respondent) File Number(s): IRC 1374 of 2011