Health Services Union East and Director-General, NSW Health [2014] NSWIRComm 6

Industrial Relations Commission New South Wales Medium Neutral Citation: Health Services Union East and Director-General, NSW Health [2014] NSWIRComm 6 Hearing dates: 14/03/13, 15/03/13, 18/06/13, 26/06/13 Decision date: 05 March 2014 Before: Backman J Decision: The application is refused Catchwords: Notification of dispute under s 130 of the Industrial Relations Act 1996 (the IR Act) - application under s 136(1)(a) of the IR Act - application concerns the translation into the NSW Health Services Health Professionals (State) Award (the Award) of Cheryl Watterson's employment by the respondent as a Director, Nutrition and Dietetics, Greater Newcastle Acute Hospital Network (GNAHN), Hunter New England Local Health District (HNELHD) as at 30 November 2007 - structure of HNELHD - the Award translation process - relevant Award provisions - principles of Award construction - whether Ms Watterson's role akin to a "Head of Department" role - significance of the title "Director, Nutrition and Dietetics" - whether GNAHN a clinical network - whether error in the review process - "geographic region" and "zone" - "major functions and work areas" - descriptors under Level 8, Schedule B to the Award considered - orders Legislation Cited: Industrial Relations Act 1996 Cases Cited: Amcor Limited v Construction, Forestry, Mining and Energy Union and Others (2005) 222 CLR 241 Board of Bendigo TAFE v Barclay [2012] HCA 32 City of Wanneroo v Australian Municipal, Administrative, Clerical and Services Union (2006) 153 IR 426 Kingmill Construction Pty Ltd T/A Thrifty Car Rental v Federated Clerks' Union of Australia, NSW Branch (2012) 106 IR 217 Perisher Blue Pty Ltd and Others v Australian Worker's Union (1999) 91 IR 274 Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 Category: Principal judgment Parties: Health Services Union East (Applicant) Director-General NSW Health (Respondent) Representation: Mr J Murphy of counsel (Applicant) Mr P Newall of counsel (Respondent) Ms C Wilkinson Sparke Helmore Lawyers (Respondent) File Number(s): IRC 1896 of 2011