Secretary, NSW Ministry of Health in respect of Justice Health and Forensic Mental Health Network v Health Services Union NSW [2018] NSWIRComm 1010

Industrial Relations Commission New South Wales Medium Neutral Citation: Secretary, NSW Ministry of Health in respect of Justice Health and Forensic Mental Health Network v Health Services Union NSW [2018] NSWIRComm 1010 Hearing dates: 26 February 2018 Date of orders: 26 February 2018 Decision date: 10 April 2018 Before: Chief Commissioner Kite SC; Newall C; Seymour C Decision: Leave to appeal is refused Catchwords: Appeal – application for leave to appeal –interpretation of statutory Determination made by Minister for Health – no substantial issue of principle or law having wider implications or widespread practical application – no demonstrable error disclosed – grounds in support of leave to appeal not made out – leave to appeal refused Legislation Cited: Industrial Relations Act 1996 (NSW) Cases Cited: Allchin v Commissioner of Police (No.2) [2007] NSWIRComm 280 Andrew Geza Schwartz and NSW Ministry of Health [2017] NSWIRComm 1034 Century 21 Real Estate LLC [2014] ATMO 15Construction, 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 Crown Employees (Psychologists) Award [2006] NSWIRComm 315 Drake Personnel Ltd v Workcover Authority of NSW (1999) 90 IR 432 Fire Brigades Employees' Union of NSW (o/b Challinor) v Fire and Rescue NSW [2016] NSWIRComm 1050 Hosemans v Commissioner of Police (No.4) (2005) 150 IR 263 House v The King [1936] HCA 40 King v State Bank of New South Wales (No 2) (2002) 126 IR 407 Knowles v Anglican Church Property Trust (No 2) (1999) 95 IR 380 Llandilo Staircases Pty Ltd v WorkCover Authority of NSW (2001) 104 IR 204 Merrin v Mosman Municipal Council [2016] NSWIRComm 1048 Parmjit Singh v Department of Community Services Unreported, Full Bench, IRC No. 5638 of 1999, 20 July Public Service Association and Professional Officers Association Amalgamated Union of New South Wales v Roads and Maritime Services [2015] NSWIRComm 16 Re Corrections Health Service Nurses' (State) Award (No 2) [2001] NSWIRComm 58; (2002) 112 IR 402 WorkCover Authority of NSW v Arbor Products International Australia Pty Ltd (2001) 105 IR 81 Category: Principal judgment Parties: Secretary, NSW Ministry of Health in respect of Justice Health and Forensic Mental Health Network – Appellant Health Services Union NSW - Respondent Representation: Counsel: M Seck (Appellant) M Gibian (Respondent)