Health Services Union NSW and Central Coast Local Health District re Regrade Policy [2013] NSWIRComm 44

Industrial Relations Commission New South Wales Medium Neutral Citation: Health Services Union NSW and Central Coast Local Health District re Regrade Policy [2013] NSWIRComm 44 Hearing dates: 27 May 2013 Decision date: 12 June 2013 Jurisdiction: Industrial Relations Commission Before: Harrison DP Decision: Pursuant to section 136(1)(d) of the Industrial Relations Act 1996 I Order that the Central Coast Local Health District amend its Grading Policy by deleting paragraph 5.3 and inserting in lieu thereof the following: 5.3 Displacement as a result of Restructure or Position Grading If the application for position grading or restructure is approved, the position must be filled in line with normal recruitment requirements. If there is a current incumbent who is affected by the application, the incumbent will be appointed directly if the incumbent meets the essential criteria of the regraded position and the regraded position is within one grade of the original grading of the position or if the salary difference between the commencing salary of the regraded position is within 5% of their current salary rate. For Health Manager positions, incumbents may be directly appointed to the regraded position if their current salary rate is within 5% of the minimum salary band of the regraded position. Where the new grading is greater than 5% of the incumbent's current salary the position will be advertised in accordance with current recruitment requirements. Catchwords: Industrial dispute pursuant to s130 - Salary Regrade Policy - interaction with Managing Excess Employees Policy - exclusion of 5% salary matching rule from Regrade Policy. Exclusion not required by Policy - not permitted by managerial prerogative. Proposed policy creates unfairness with potential to limit productivity and efficiency - Managerial prerogative limited to operational issues of productivity and efficiency - no warrant to treat employees unfairly. Application for order amending policy to core undertakings upheld - Orders made. Legislation Cited: Industrial Relations Act 1996 Cases Cited: Health Services Union and Ambulance Service of New South Wales re Changes to Demand Protocol [2008] NSWIRComm 1027 Category: Principal judgment Parties: Health Services Union NSW Central Coast Local Health District Representation: Mr J Murphy of counsel (Applicant) Mr T Saunders of counsel (Respondent) Sparke Helmore Lawyers (Respondent) File Number(s): IRC 1164 of 2012