Re: Application for a New Award for Patient Transport Officers [2017] NSWIRComm 1024

Industrial Relations Commission New South Wales Medium Neutral Citation: Re: Application for a New Award for Patient Transport Officers [2017] NSWIRComm 1024 Hearing dates: 25 January 2017 Date of orders: 11 May 2017 Decision date: 11 May 2017 Jurisdiction: Industrial Relations Commission Before: Newall C Decision: Award made Catchwords: INDUSTRIAL DISPUTE – application for award in context of dispute – power to make award in resolution of dispute – award made APPLICATION FOR NEW AWARD – principles – fair and reasonable terms of employment – changes in work arrangements can render a fair award unfair in application – award may become unfair because it does not contemplate new situation arising from change WAGE FIXATION PRINCIPLES – Principle 8.3 - meaning of 'substantial' and 'significant' contribution CRIB BREAKS – important amenity – loss of amenity of crib break may attract compensation by way of allowance WAGES AND ALLOWANCES – allowance to compensate for loss of amenity Legislation Cited: Industrial Relations Act 1996 ss.10, 11, 17, 130, 146C Industrial Relations (Public Sector Conditions of Employment) Regulation 2014 Cases Cited: City of Sydney Wages/Salary Award 2014 (2014) 247 IR 386 In re Courtaulds (Australia) Limited Award (1955) 54 AR 250 In re Iron and Steel Workers (Australian Iron and Steel Limited) Conciliation Committee (1941) 40 AR 445 Re Crown Employees (Public Sector-Salaries 2011) Award (No 3) (2011) 210 IR 458 Re Operational Ambulance Officers (State) Award (2001) 113 IR 384 State Wage Case 2016 [2016] NSWIRComm 12 Category: Principal judgment Parties: Health Services Union NSW (applicant) Secretary, NSW Ministry of Health (respondent) Representation: Counsel: A. L. Slevin (applicant) M. J. Easton (respondent) File Number(s): 2016/113658