Northern NSW Local Health District v NSW Nurses and Midwives’ Association [2018] NSWIRComm 1015

Industrial Relations Commission New South Wales Medium Neutral Citation: Northern NSW Local Health District v NSW Nurses and Midwives' Association [2018] NSWIRComm 1015 Hearing dates: 8 February 2018 Date of orders: 19 March 2018 Decision date: 19 March 2018 Jurisdiction: Industrial Relations Commission Before: Murphy C Decision: The jurisdictional objection of the Northern NSW Local Health District is dismissed Catchwords: INDUSTRIAL DISPUTE – award interpretation – staffing arrangements – ward and unit – declared mental health facility – jurisdictional objection Legislation Cited: Mental Health Act 2007 Industrial Relations Act 1996 Category: Procedural and other rulings Parties: Northern NSW Local Health District (Applicant)

NSW Nurses and Midwives' Association (Respondent) Representation: Solicitors:

Ms L Shanahan, K & L Gates (Applicant)

Mr N Dawson, NEW Law (Respondent) File Number(s): 2017/00247431

INTERLOCUTORY DECISION 1. On 14 August 2017, the Northern NSW Local Health District ("the LHD") notified the Industrial Registrar of an industrial dispute arising from advice given to it by the Lismore Mental Health Sub Branch of the NSW Nurses and Midwives' Association ("the Association") of their intention to indefinitely close six beds in the Lismore Mental Health Unit commencing at 7.00am on Monday 14 August 2017. 2. The parties to the dispute came before me in compulsory conference proceedings on a number of occasions during the latter part of 2017. At the centre of the dispute are the competing claims of the parties as to the application of clause 53, Staffing Arrangements, of the Public Health System Nurses' and Midwives' (State) Award 2017 ("the Award") to the staffing of the Tallowwood Lismore Adult Mental Health Unit.