New South Wales Nurses and Midwives' Association v Crown in Right of the State of New South Wales (Director General, NSW Ministry of Health in respect of Sydney Local Health District) [2014] NSWIRComm 54

Industrial Relations Commission New South Wales Medium Neutral Citation: New South Wales Nurses and Midwives' Association v Crown in Right of the State of New South Wales (Director General, NSW Ministry of Health in respect of Sydney Local Health District) [2014] NSWIRComm 54 Hearing dates: 4 June 2014; 15 and 16 July 2014; 12 September 2014 Decision date: 29 October 2014 Jurisdiction: Industrial Relations Commission Before: Boland AJ Decision: The Commission makes the following directions: (1)The parties are directed to confer as to the amounts owed to Ms Catherine Pink and Ms Bernadette White, including interest, as a consequence of the decision in this matter (2)If the amounts referred to in (1) hereof are agreed, the agreement is to be incorporated into short minutes of order. If there is no agreement the applicant is to advise my Associate of the nature and extent of disagreement. In either case, my Associate is to be advised within 14 days of the date of this decision. Catchwords: INDUSTRIAL DISPUTE - Dispute between NSW Nurses' and Midwives Association and Sydney Local Health District re payment of an allowance - UNDERPAYMENT - Small claim for payment of allowance to two registered nurses at Concord Hospital AWARD INTERPRETATION - Meaning of "day to day clinical management for the shift" in Public Health System Nurses' and Midwives' (State) Award - Meaning of "designated" and "delegated" - Consideration of duties performed by nurses - Held that nurses entitled to allowance Legislation Cited: Health Administration Act 1982 Industrial Relations Act 1996 Industrial Relations (General) Regulation 2001 Interpretation Act 1987 Public Health System Nurses' and Midwives' (State) Award Cases Cited: Bryce v Apperley (1998) 82 IR 448 CIC Insurance Ltd v Bankstown Football Club Ltd [1997] HCA 2; (1997) 187 CLR 384 Director of Public Employment (by her Agent the Commissioner of New South Wales Fire Brigades) v New South Wales Fire Brigades Employees' Union [2008] NSWIRComm 158; (2008) 180 IR 170 Newcastle City Council v GIO General Ltd [1997] HCA 53; (1997) 191 CLR 85 Public Hospital Nurses (State) Award [2002] NSWIRComm 100; (2002) 115 IR 183 Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales v Secretary of the Treasury [2014] NSWIRComm 23 Re Dispute Between Broken Hill Pty Ltd Co Ltd and the Federated Ship Painters and Dockers' Union of Australia, New South Wales Branch, Re Tank Tops [1961] AR (NSW) 312 State Transit Authority of New South Wales v Australian Rail, Tram and Bus Industry Union, New South Wales Branch, Bus and Tram Division [2014] NSWIRComm 41 Texts Cited: Merriam-Webster Online Dictionary Oxford English Dictionary, Oxford University Press 2014 [online edition] The Macquarie Dictionary Online edition (MacMillan Publishers, 2014) Category: Principal judgment Parties: New South Wales Nurses and Midwives' Association (Applicant) Crown in Right of the State of New South Wales (Director General, NSW Ministry of Health in respect of Sydney Local Health District) (Respondent) Representation: C Howell of counsel (Applicant) New South Wales Nurses and Widwives' Association (Applicant) Maddocks Lawyers (Respondent) File Number(s): IRC 189 of 2013