Operational Ambulance Officers (State) Award (No 4) [2016] NSWIRComm 2

Industrial Relations Commission New South Wales Medium Neutral Citation: Operational Ambulance Officers (State) Award (No 4) [2016] NSWIRComm 2 Hearing dates: 9, 10, 11, 12, 13 and 27 February 2015; 31 March 2015; 7 May 2015; 6 and 7 July 2015 Date of orders: 01 March 2016 Decision date: 01 March 2016 Jurisdiction: Industrial Relations Commission Before: Walton J, President; Kite AJ; Tabbaa C Decision: We confirm the decision of the Full Bench of 2 December 2015 to:

1. Grant leave to discontinue proceedings in Matter No 2016/17126 (formerly IRC 73 of 2014);

2. Grant the amended application to vary the Operational Ambulance Officers (State) Award by consent in Matter No 2016/17158 (formerly IRC 451 of 2015);

3. Any submissions by either party as to the proper description of the first respondent shall be filed within 14 days of the publication of these reasons for decision. Catchwords: AWARD – application for variation – wage fixing principles - work value - Special Case – new award classification of Critical Care Paramedic (Aeromedical) – Team Leader Classification - whether significant net addition to work requirements sufficient to justify new classification – whether appropriately remunerated by payment of specialist allowance – whether allowance should be absorbed into rate - whether circumstances exist which make the case special – public interest in recognising emergence of new class of paramedic – employee related cost savings – whether savings identified and implemented – whether requirements of Industrial Relations (Public Sector Conditions of Employment) Regulation 2014 satisfied PARTIES – whether first respondent properly described PRACTICE and PROCEDURE – whether appropriate to separate questions – factors justifying separation of questions - determination of work value and Special Case considerations in stage one – determination of valuation and necessary employee related cost savings in stage two REASONS – award made by consent – whether appropriate to give reasons for decision Legislation Cited: Crown Proceedings Act 1988 Health Services Act 1997 s116(3) Industrial Relations Act 1996 Industrial Relations (Public Sector Conditions of Employment) Regulation 2014 cll 6(1)(b) and 9 Government Sector Employment Act 2013 s 50 Police Act 1990 s 85 Teaching Service Act 1980 s 12 Transport Administration Act 1988 s 68C Cases Cited: Chapman-Davis v State of New South Wales [2015] NSWIC 10 Child Protection (Working with Children) Award 2014 [2015] NSWIRComm 8 Crown Employees (NSW Fire Brigade Retained Firefighting Staff) Award 2008 [2012] NSWIRComm 122 Crown Employees Wages Staff (Rates of Pay) Award 2011 [2015] NSWIRComm 7 Operational Ambulance Officers (State) Award (No 2) [2015] NSWIRComm 20 Operational Ambulance Officers (State) Award (No 3) [2015] NSWIRComm 28 Re Operational Ambulance Officers (State) Award [2015] NSWIRComm 17 Re Transport Industry (State) Award (1996) 95 IR 126 State Wage Case 2010 (No 2) [2011] NSWIRComm 29; (2011) 206 IR 218 Category: Principal judgment Parties: Health Services Union of NSW (Applicant) State of New South Wales (First respondent) Australian Paramedics Association (NSW) (Second respondent) Secretary of the Treasury (Intervener) Representation: Counsel: M Gibian (Applicant) P Ginters (First respondent) I C Latham (Second respondent) A T Britt (Intervener)