Health Services Union o/b Bruce v Government of New South Wales in respect of NSW Ambulance [2017] NSWIRComm 1036

Industrial Relations Commission New South Wales Medium Neutral Citation: Health Services Union o/b Bruce v Government of New South Wales in respect of NSW Ambulance [2017] NSWIRComm 1036 Hearing dates: 20, 21 June 2017 Date of orders: 03 July 2017 Decision date: 03 July 2017 Jurisdiction: Industrial Relations Commission Before: Newall C Decision: Application dismissed Catchwords: VICTIMISATION – necessary to identify detriment to find victimisation – no detriment found – no victimisation – application dismissed VICTIMISATION – Subs. 213(2) of Act a comprehensive code as to relevant powers of Commission VICTIMISATION – assertions of detriment serious matter – appropriate that tribunal be satisfied on evidence having regard to s.140 of Evidence Act – assumptions and vague inferences insufficient Legislation Cited: Industrial Relations Act 1996 s.210, 213(1), 213(2) Evidence Act 1995 s.140 Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336 Byrne v Australian Ophthalmic Supplies Pty Ltd [2008] FCA 66 Fire Brigade Employees' Union of NSW (0/b Wayne Challinor) v Fire and Rescue NSW [2016] NSWIRComm 1024 Graham Davis v Amalgamated Television Services Pty Limited [1998] NSWIRComm 289 Twentieth Superspace Nominees v TWU [2006] NSWIRComm 218 Category: Principal judgment Parties: Health Services Union o/b Bruce (applicant) Government of New South Wales in respect of NSW Ambulance (respondent) Representation: Mr J Fox (applicant) Mr M Sullivan, solicitor (respondent) File Number(s): 2017/48477