Industrial Relations Commission New South Wales Medium Neutral Citation: Operational Ambulance Officers (State) Award (No 2) [2015] NSWIRComm 20 Hearing dates: 13 August 2015 Decision date: 13 August 2015 Jurisdiction: Industrial Relations Commission Before: Walton J, President; Kite AJ; Tabbaa C Decision: The Full Bench concludes that: (1) the classification structure will be that sought by the applicant. (2) as to the rates to be fixed for the new classification: (a) the first year rate should be above the rate of Paramedic Specialist year 3 (when those rates are adjusted for 2.5 per cent); (b) the second year rate will be no greater than the rate for a Clinical Nurse Specialist Grade 1; and (c) the rates will absorb the specialist allowance prescribed by the award. (3) the rate for Team Leader (Aeromedical) will be 105 per cent of the rate for a Critical Care Paramedic (Aeromedical) year 2 Catchwords: FURTHER STATEMENT – preliminary views as to quantification – provide assistance to parties in discussions assessing quantification and employee related costs – classification structure – absorption of specialist allowance – team leader rate relativity. Legislation Cited: Industrial Relations (Public Sector Conditions of Employment) Regulation 2014 Category: Procedural and other rulings Parties: Health Services Union of NSW (Applicant) NSW Ministry of Health (First Respondent) Australian Paramedics Association (NSW) (Second Respondent) Secretary of the Treasury (Intervenor) Representation: M Gibian of counsel (Applicant) P Ginters of counsel (First Respondent) I Latham of counsel (Second Respondent) A Britt of counsel (Intervenor) Solicitors: Maurice Blackburn Lawyers (Applicant) NSW Ministry of Health (First Respondent) Australian Paramedics Association (NSW) (Second Respondent) Crown Solicitor's Office (Intervenor) File Number(s): IRC 73 of 2014 and 451 of 2015 STATEMENT OF THE FULL BENCH 1. On 21 July 2015 this Full Bench published a Statement in which we announced a number of conclusions which we had reached in this matter. For present purposes, a key conclusion was that there should be inserted into the Operational Ambulance Officers (State) Award ("the award") a new classification called Critical Care Paramedic (Aeromedical). 2. The exigencies of the Industrial Relations (Public Sector Conditions of Employment) Regulation 2014 ("the Regulation") meant that it was not possible at that point to fix a rate for the classification. As to that we stated at [11]: We have not yet determined the question of the value to be applied to the special circumstances, including the significant net addition to work requirements, applicable in this case. We can, however, indicate that, subject to meeting the requirements of the Regulation there will be a cost above 2.5 per cent. We therefore commend to the parties that they give early consideration to the question of "employee related cost savings" to permit the awarding of an increase above 2.5 per cent. We will endeavour to facilitate that process by delivering a Statement of a similar character with respect to our provisional view as to quantification (subject to considerations arising under the Regulation). 1. The parties have, we are advised, undertaken some discussions but have not to date been able to agree upon a rate and/or necessary cost savings. As anticipated we have decided to make a further statement of our preliminary views as to quantification so as to provide some greater degree of focus for discussions and any necessary subsequent hearing having regard to the requirements of the Regulation. 2. We have concluded that: 1. (1) the classification structure will be that sought by the applicant. 2. (2) as to the rates to be fixed for the new classification: 1. (a) the first year rate should be above the rate of Paramedic Specialist year 3 (when those rates are adjusted for 2.5 per cent); 2. (b) the second year rate will be no greater than the rate for a Clinical Nurse Specialist Grade 1; and 3. (c) the rates will absorb the specialist allowance prescribed by the award. 1. (3) the rate for Team Leader (Aeromedical) will be 105 per cent of the rate for a Critical Care Paramedic (Aeromedical) year 2. ********** Amendments 14 August 2015 - Coversheet changed: Date of orders deleted. DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 14 August 2015