Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales and NSW Health [2012] NSWIRComm 146

Industrial Relations Commission New South Wales Medium Neutral Citation: Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales and NSW Health [2012] NSWIRComm 146 Hearing dates: 23 November 2012 Decision date: 12 December 2012 Jurisdiction: Industrial Relations Commission Before: Staff J Decision: Pursuant to s 136(1)(a) of the Industrial Relations Act 1996, I direct that Ms Julia George resume duties in the position of Manager (Corporate and Business Services) at the NSW Institute of Psychiatry. This direction is to operate on and from Thursday 13 December 2012 Catchwords: INDUSTRIAL DISPUTE - public servant return to work after illness - medical evidence fit to resume duties of position - refusal by employer to allow employee to resume work in former position - whether employer may direct employee to undergo medical assessment - held - employee entitled to resume duties in position occupied prior to illness - Industrial Relations Act 1996 s 130, s 136(1)(a) Legislation Cited: Industrial Relations Act 1996 Public Finance and Audit Act 1983 Public Sector Employment and Management Act 2002 Cases Cited: Australian Workers Union, NSW (on behalf of Stojanovski) v BlueScope Steel (AIS) Pty Ltd (formerly BHP Steel (AIS) Pty Ltd) [2004] NSWIRComm 304 (2004) 137 IR 211 Blackadder v Ramsey Butchering Services Pty Ltd [2002] FCA 603; [2002] 118 FCR 395 Burge v NSW BHP Steel Pty Ltd [2001] NSWIRComm 117; (2001) 105 IR 325 CCH Australia Limited v Bowen (1998) 79 IR 206 Hollingsworth v Commissioner of Police (No 2) (1999) 47 NSWLR 151 Hornsby Shire Council v Hunt [2002] NSWIRComm 158; (2002) 115 IR 461 Perkins v Grace Worldwide (Aust) Pty Ltd (1997) 72 IR 186 Quinn v Overland [2010] FCA 799; (2010) 199 IR 40 Thompson v IGT (Australia) Pty Limited [2008] FCA 994; 173 IR 395 Youssef and Western Sydney Area Health Service [2003] NSWIRComm 284; (2003) 129 IR 338 Category: Principal judgment Parties: Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales (Applicant) NSW Health (Respondent) Representation: Mr M Gibian of counsel (Applicant) Ms J Nand solicitor (Respondent) Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales (Applicant) Sparke Helmore solicitors (Respondent) File Number(s): IRC 996 of 2012