Notification under section130 by Health Services Union NSW of a dispute with Western Sydney Local Health District re alleged non payment of overtime [2014] NSWIRComm 1024

Industrial Relations Commission New South Wales Medium Neutral Citation: Notification under section130 by Health Services Union NSW of a dispute with Western Sydney Local Health District re alleged non payment of overtime [2014] NSWIRComm 1024 Hearing dates: Oral Submissions 11 June 2014 Decision date: 08 September 2014 Before: Tabbaa C AM Decision: Claim dismissed Catchwords: INDUSTRIAL DISPUTE - 'BlueScope model' arbitration; Employee on a relief line; Expectation that would be called upon to relieve employees on main line; Penalty rates applicable if called to perform work in excess of 38 hours per week or if less than 24 hours' notice was provided or if called upon to work on rostered days off; Relief not a result of emergency or absence through sickness situation; None of the situations envisaged by the award occurred; If called upon to relieve on night shift or weekends then shift/penalty rates would be applicable; Reverse has occurred - Employee called upon to swap penalty shifts for day shifts; Requirement may occur once every 10 months; Feature of relief line; Claim denied. Legislation Cited: Industrial Relations Act 1996 Cases Cited: Construction, Forestry, Mining and Energy Union (New South Wales Branch) and Macquarie Generation [2009] NSWIRComm160; Re Operational Ambulance Officers (State) Award [2008] NSWIRComm 168; Crown Employees (NSW Fire Brigades Permanent Firefighting Staff) Award 2008 [2008] NSWIRComm 174 and Re Crown Employees (Public Sector - Salaries 2008) Award [2008] NSWIRComm 193; The Australian Liquor, Hospitality, Miscellaneous Workers' Union, New South Wales branch and Southern Sydney Institute of TAFE [2000] NSWIRComm 1045; NSW Nurses Assoc. v NCAHS [2010] NSWIRComm 1057 Texts Cited: The Oxford Dictionary The Macquarie Dictionary Category: Principal judgment Parties: Mr James Fox (HSU) Mr Greg Hanson (Respondent) File Number(s): IRC 94 of 2014