NSW Ambulance Death and Income Protection Benefits Interim (State) Award [2016] NSWIRComm 5

Industrial Relations Commission New South Wales Medium Neutral Citation: NSW Ambulance Death and Income Protection Benefits Interim (State) Award [2016] NSWIRComm 5 Hearing dates: 7 and 9 December 2015; 10 and 11 February; 18 April and 19 May 2016 Date of orders: 20 May 2016 Decision date: 20 May 2016 Jurisdiction: Industrial Court of NSW Before: Walton J, President; Stanton C; Murphy C Decision: The Commission makes an award entitled NSW Ambulance Death and Income Protection Benefits Interim (State) Award in terms of the draft award document filed by the Ministry with the Commission on 19 May 2016 and marked as Exhibit 22 in the proceedings. The award will operate on and from 20 August 2016 for a period of twelve months. Catchwords: AWARD – application for new award – Special Case – previous award provided for death and total or partial permanent disability – lump sum benefits – cost to Government about to exceed 3.6 per cent of salaries – immediate review of scheme – appropriate steps to maintain a maximum cost to Government of 3.6 per cent of salaries – parties unable to agree on new award – two stage process – income protection scheme in place of lump sum benefits – whether proposed award sets fair and reasonable conditions of employment for employees – affordability of new scheme – failure by unions to propose any alternative award which maintained maximum cost to Government of 3.6 per cent of salaries – whether requirements of Industrial Relations (Public Sector Conditions of Employment) Regulation 2014 satisfied PRACTICE and PROCEDURE – whether appropriate to separate hearing into two stages – first stage – determination that income protection scheme would replace lump sum benefits for total or partial permanent disability – second stage – determination of detailed provisions of the income protection scheme Legislation Cited: Industrial Relations Act 1996 Industrial Relations (Public Sector Conditions of Employment) Regulation 2014 Cases Cited: Health Employees Pharmacists (State) Award and other Awards [2003] NSWIRComm 453; (2003) 132 IR 244 NSW Ambulance Death and Income Protection Benefits (State) Award [2015] NSWIRComm 42Re Health and Community Employees Psychologists (State) Award [2001] NSWIRComm 302; (2001) 109 IR 458 Re Public Hospital Social Workers Award (unreported, Full Bench, 86/264, 20 December 1988) Category: Principal judgment Parties: NSW Ministry of Health (Applicant) Health Services Union NSW (First respondent) Australian Paramedics Association (NSW) (Second respondent) Secretary, NSW Industrial Relations (Intervener) Representation: Counsel: M Easton (Applicant) I Latham (Second respondent) A Perigo (Intervener) Solicitors: NSW Ministry of Health (Applicant) W G McNally Jones Staff (First respondent) Australian Paramedics Association (NSW) (Second respondent) Crown Solicitor's Office (Intervener) File Number(s): 2016/10318 (IRC 904 of 2015)