Construction, Forestry, Mining and Energy Union (New South Wales Branch) v South Western Sydney Local Health District [2016] NSWIRComm 1047

Industrial Relations Commission New South Wales Medium Neutral Citation: Construction, Forestry, Mining and Energy Union (New South Wales Branch) v South Western Sydney Local Health District [2016] NSWIRComm 1047 Hearing dates: 26/11 and 08/12/2015, 9, 10 and 15/03/2016 Date of orders: 09 December 2016 Decision date: 09 December 2016 Jurisdiction: Industrial Relations Commission Before: Stanton C Decision: (1) The Union's application in IRC 2015/377318 is dismissed. (2) Mr Cameron Zammit and Mr Craig Zammit hours of work shall be 7 am to 3.30 pm commencing on and from Monday, 9 January 2017. Catchwords: Industrial dispute – arbitration – long standing flexible hours arrangement – application for a further extension rejected – affordability of after school child care – Respondent's policies considered – award provisions considered – budget deficit – "Whole of Hospital" approach to clinical care and engineering maintenance adopted to improve operational efficiency and reduce costs – remedies applicable under s 136 – orders sought do not fall within the scope of s 136(1)(b), (c) or (d) – Commission refused to make a recommendation or direction under s 136(1)(a) – Principles under Anti-Discrimination Act considered – rule in Jones v Dunkel considered – management prerogative – authorities considered – whether change in employee's start times is work which is unfair, unjust or unreasonable – HELD – change in employee's start time from 6 am to 7 am not unfair, unjust or unreasonable. Legislation Cited: Industrial Relations Act 1996 Health Services Act 1997 Anti-Discrimination Act 1977 Cases Cited: Australian Rail, Tram and Bus Industry Union, New South Wales v State Transit Authority [2007] NSWIRComm 162; Australian Services Union of New South Wales v Sydney Water Corporation [2004] NSWIRComm 294; BHP Steel (AIS) Pty Limited v The Federated Ironworkers' Association of Australia, New South Wales Division [1994] NSWIRComm 127; City of Sydney Wages/Salary Award 2014 [2014] NSWIRComm 49; Department of Tourism Appointments [1980] AR (NSW) 241; Health Services Union v Ambulance Service of New South Wales re- Changes to Demand Protocol [2008] NSWIRComm 1027; Health Services Union NSW and Central Coast Local Health District re Regrade Policy [2013] NSWIRComm 44; HSUeast (now known as Health Services Union NSW) and Sydney Local Health District [2012] NSWIRComm 97; Industrial Relations Commission Decision 578/1989 [1989] AIRC 538; Industrial Relations Commission Decision 673/1993 [1993] AIRC 602; Jones v Dunkel [1959] HCA 8; (1959) 101 CLR 298; Notification under Section 130 by the Ambulance Service of New South Wales of a dispute with Health Services Union re - threatened industrial action in Inner Hunter Area [2008] NSWIRComm 1136; Notification under section 130 by the Australian Liquor, Hospitality and Miscellaneous Workers Union, Liquor and Hospitality Division, New South Wales Branch of a dispute with Parramatta Leagues Club Ltd re reduction of hours [2002] NSWIRComm 208; NSW Nurses' Assoc & Ors and S W Syd Area Health Service [1994] NSWIRComm 147; NSW Teachers Federation v Department of Education and Training (2003) 121 IR 177; Police Association v NSW Police (No 3) [2005] NSWIRComm 243; Re Cram; Ex parte NSW Colliery Proprietors' Association Ltd [1987] HCA 28; (1987) 163 CLR 117; State Wage Case 2010 (No 2) [2011] NSWIRComm 29; State Wage Case 2015 [2015] NSWIRComm 31; Steel Works Employees and Engine Drivers, & Co (Australian Iron and Steel Limited – Port Kembla) Award [1956] AR 855; Stephen York v NSW Department of Education and Communities [2015] NSWIRComm 37; Sydney Water Corporation in Notification under section 130 by the Australian Liquor, Hospitality and Miscellaneous Workers Union, Liquor and Hospitality Division, New South Wales Branch of a dispute with Parramatta Leagues Club Ltd [2002] NSWIRComm 208; Sydney Water Corporation v Australian Services Union (NSW & ACT Branch) (2005) 146 IR 388. Texts Cited: Uniform Evidence Law , 7th edition, Law Book Co, 2006 Category: Principal judgment Parties: Construction, Forestry, Mining and Energy Union (New South Wales Branch) - Notifier