Nurses and Midwives Association v Justice Health and Forensic Mental Health Network (a Division of NSW Health) [2012] NSWIRComm 148

Industrial Relations Commission New South Wales Medium Neutral Citation: Nurses and Midwives Association v Justice Health and Forensic Mental Health Network (a Division of NSW Health) [2012] NSWIRComm 148 Hearing dates: 17 December 2012 Decision date: 20 December 2012 Jurisdiction: Industrial Relations Commission Before: Boland J, President Decision: The Commission orders that the respondent shall continue to provide paid meal breaks to nursing staff working at the Forensic Hospital at Long Bay in accordance with the practice that existed on 1 December 2012 until such time as the appeal in this matter is heard and determined Catchwords: STAY - Application for leave to appeal and appeal - Interlocutory decision - Decision at first instance confirming employer's right to cease payment for meal breaks to nurses - Effect of award provision preserving status quo on whether stay should be granted - Stay granted Legislation Cited: Industrial Relations Act 1996 Cases Cited: Adams and anor v Noakes and anor [2005] NSWIRComm 170 Broken Hill Chamber of Commerce and others v Construction, Forestry, Mining and Energy Union (New South Wales Branch) and others [2002] NSWIRComm 244; (2002) 118 IR 183 Campbells Cash and Carry Pty Limited and National Union of Workers, New South Wales Branch [2001] NSWIRComm 79; (2001) 104 IR 400 Notification under section 130 by Justice Health and Forensic Mental Health Network (a Division of NSW Health) of a dispute with NSW Nurses and Midwives' Association re paid meal breaks [2012] NSWIRComm 119 Qureshi v De Haas [2009] NSWIRComm 46 Surfing Hardware International Holdings Pty Ltd v McCausland [2006] NSWIRComm 276; (2006) 156 IR 352 Transport Industry - Waste Collection and Recycling (State) Award, Re [2000] NSWIRComm 236; (2000) 102 IR 192 Category: Interlocutory applications Parties: New South Wales Nurses' and Midwives' Association (Appellant) Justice Health and Forensic Mental Health Network (a Division of NSW Health) (Respondent) Representation: Mr M Gibian of counsel for the Appellant Ms K Nomchong SC for the Respondent Mr C Blair (Appellant) Bartier Perry Solicitors (Respondent) File Number(s): IRC 1184 of 2012