Secretary, NSW Ministry of Health v Health Services Union NSW [2018] NSWIRComm 1007

Industrial Relations Commission New South Wales Medium Neutral Citation: Secretary, NSW Ministry of Health v Health Services Union NSW [2018] NSWIRComm 1007 Hearing dates: 13 October 2017 Date of orders: 07 February 2018 Decision date: 07 February 2018 Jurisdiction: Industrial Relations Commission Before: Chief Commissioner Kite SC, Stanton C and Murphy C. Decision: Order:

1. Leave to appeal is granted:

2. The appeal is upheld.

3. The award and orders made by Commissioner Newall on 11 May 2017 are quashed.

4. The matter is remitted to Commissioner Newall to be dealt with according to law. Catchwords: INDUSTRIAL LAW – New South Wales – leave to appeal and appeal - awards and agreements – statutory provisions relating to public sector employees – evidence of employee-related cost increases and employee-related cost savings – onus to adduce such evidence - duty of Commission to make findings as to cost impact Legislation Cited: Industrial Relations Act 1996 Industrial Relations (Public Sector Conditions of Employment) Regulation 2014 Cases Cited: Commissioner of Police v Morris [2017] NSWIRComm 1010 Construction, Forestry, Mining and Energy Union (New South Wales Branch) v Acciona Infrastructure Australia Pty Ltd and Ferrovial Agroman (Australia Pty Ltd t/as the Pacifico Acciona Ferrovial Joint Venture [2017] NSWIRComm 1029 Fire Brigades Employees' Union of NSW (o/b Challinor) v Fire and Rescue NSW [2016] NSWIRComm 1050 Industrial Relations Secretary v Wattie [2017] NSWIRComm 1007 Merrin v Mosman Municipal Council [2016] NSWIRComm 1048 Notification under section 130 by NSW Department of Health of a dispute with the Health Services Union re work bans [2008] NSWIRComm 168 Operational Ambulance Officers (State) Award [2015] NSWIRComm 17 Public Service Association and Professional Officers Association Amalgamated Union of New South Wales v Roads and Maritime Services [2015] NSWIRComm 16; 250 IR 412 Re Crown Employees (NSW Fire Brigade Retained Firefighting Staff) Award 2008 [2012] NSWIRComm 122 Re Public Hospital Medical Physicists (State) Award [2008] NSWIRComm 5; 171 IR 45 Re: Application for a New Award for Patient Transport Officers [2017] NSWIRComm 1024 Secretary of The Treasury v Public Service Association & Professional Officers' Association Amalgamated Union of NSW [2014] NSWCA 138; 89 NSWLR 688 Transport Industry – General Carriers Contract Determination [2016] NSWIRComm 3; 257 IR 294 Category: Principal judgment Parties: Ministry of Health (Appellant) NSW Industrial Relations Secretary (Intervener) Health Services Union NSW (Respondent) Representation: Counsel: M Kimber SC with M Easton (Appellant) T Wong (Intervener) A Slevin with J Fox (Respondent)