Health Services Union NSW v Ministry of Health; re infectious cleaning allowances [2018] NSWIRComm 1009

Industrial Relations Commission New South Wales Medium Neutral Citation: Health Services Union NSW v Ministry of Health; re infectious cleaning allowances [2018] NSWIRComm 1009 Hearing dates: 21 June 2017 Date of orders: 21 February 2018 Decision date: 21 February 2018 Jurisdiction: Industrial Relations Commission Before: Newall C Decision: Correct application of award provision determined Catchwords: AWARD INTERPRETATION – ordinary meaning of words – particular principles applying to industrial instruments ALLOWANCES – by their nature payable for duties other than an employee's usual work INDUSTRIAL DISPUTE – dispute over classifications of employees entitled to an incidental allowance – history of award clause – meaning of words in clause - correct application of allowance stated. Legislation Cited: Industrial Relations Act s.136, s.175 Cases Cited: Amcor Limited v CFMEU (2005) 222 CLR 241 Certain Lloyd's Underwriters and Underwriters Subscribing to Contract No IHOOAAQS v Cross (2012) 293 ALR 412 Director of Public Employment by her agent the Commissioner of New South Wales Fire Brigades and New South Wales Fire Brigades Employees' Union [2008] NSWIRComm 158 Kucks v CSR Limited (1996) 66 IR 182 Re Painters (State) Award 1964 AR 204 Shop, Distributive and Allied Employees' Association v Woolworths SA Pty Ltd [2011] FAFC 67 Category: Principal judgment Parties: Health Services Union NSW (notifier) Ministry of Health (respondent) Representation: Mr B Edghill - notifier Mr A Shariff (counsel) – respondent File Number(s): 2016/0040379