Australian Salaried Medical Officers Federation (NSW) v Secretary of Health [2018] NSWIRComm 1024

Industrial Relations Commission New South Wales Medium Neutral Citation: Australian Salaried Medical Officers Federation (NSW) v Secretary of Health [2018] NSWIRComm 1024 Hearing dates: 16 April 2018 Date of orders: 16 April 2018 Decision date: 16 April 2018 Jurisdiction: Industrial Relations Commission Before: Murphy C Decision: The Commission as presently constituted recuses himself from hearing and determining this matter Catchwords: INDUSTRIAL DISPUTE – dispute over the proper interpretation of an award provision – the Commission as presently constituted acted in previous proceedings before the Industrial Court as counsel for the applicant which involved interpretation of the same award provision – notifier in these proceedings relies on the judgement in the previous proceedings in support of its claim in these proceedings – counsel in the previous proceedings advised the applicant in those proceedings and advocated for an outcome similar to that sought by the notifier in the present proceedings – apprehension of bias – application by respondent that the Commission as presently constituted recuse himself – application granted Cases Cited: Re Polites; Ex parte Hoyts Corporation Pty Ltd ([1991] HCA 25 WorkCover Authority of New South Wales (Inspector Dubois) v Concrete Constructions Group Limited ([2000] NSWIRComm 65 Health Services Union NSW v Director-General NSW Ministry of Health [2013] NSWIRCOM 21 Category: Procedural and other rulings Parties: Australian Salaried Medical Officers Federation (NSW) (Notifier) Secretary of Health (Respondent) Representation: Counsel: Mr O Fagir (Notifier) Mr T J Dixon (Respondent) File Number(s): 2017/00328830