Health Services Union NSW v Secretary, NSW Ministry of Health in respect of Justice Health and Forensic Mental Health Network [2017] NSWIRComm 1060

Industrial Relations Commission New South Wales Medium Neutral Citation: Health Services Union NSW v Secretary, NSW Ministry of Health in respect of Justice Health and Forensic Mental Health Network [2017] NSWIRComm 1060 Hearing dates: 27, 28 and 29 June 2017, written submissions on 13 and 26 July and 2 August 2017 Decision date: 05 September 2017 Jurisdiction: Industrial Relations Commission Before: Murphy C Decision: 1. The Commission determines under section 175 of the Industrial Relations Act 1996 that Clinical Support Workers employed in the Justice Health and Forensic Mental Health Network in connection with the Connections Program have substantial, regular and direct contact with inmates within the meaning and for the purposes of the Determination entitled "CORRECTIONS HEALTH SERVICE PAYMENT OF ENVIRONMENTAL ALLOWANCE TO NON-NURSING STAFF" made pursuant to section 115(2) of the Health Services Act 1997 by the Health Administration Corporation on 12 July 2002

2. The Commission recommends under section 136(1)(a) of the Industrial Relations Act 1996 that the respondent pays to the Clinical Support Workers employed by the respondent in connection with the Connections Program, the environmental allowance referred to in the Determination on the same basis and at the same rate that this allowance is paid to nurses employed in the Justice Health and Forensic Mental Health Network Catchwords: INDUSTRIAL DISPUTE – claim for a special environmental allowance to be paid to Clinical Support Workers – Determination by the Health Administration Corporation – allowance paid to nurses to also apply on the same basis to non-nursing staff – substantial, regular and direct contact with inmates – time & motion study – quantitative measure of time spent in contact with inmates – qualitative assessment of the nature of contact with inmates – determination made that Clinical Support Workers are entitled to be paid the environmental allowance – recommendation made Legislation Cited: Industrial Relations Act 1996 Health Services Act 1997 Cases Cited: Notification under section 130 by the New South Wales Nurses' Association of a dispute with Corrections Health Service re industry allowance – Unreported. Matter No. IRC 6855 of 1998, 12 January 1999 Re Corrections Health Service Nurses' (State) Award (No.2) [2001] NSWIRComm 58 Crown Employees (Psychologists) Award [2006] NSWIRComm 315 Health Services Union New South Wales and Ambulance Service of New South Wales [2017] NSWIRComm 1057 Category: Principal judgment Parties: Health Services Union NSW (Notifier)