Ministry of Health v Health Services Union NSW [2018] NSWIRComm 1045

Industrial Relations Commission New South Wales Medium Neutral Citation: Ministry of Health v Health Services Union NSW [2018] NSWIRComm 1045 Date of orders: 03 August 2018 Decision date: 03 August 2018 Jurisdiction: Industrial Relations Commission Before: Murphy C Decision: Pursuant to section 175 of the Industrial Relations Act 1996 it is determined that clause 32 of the Health Employees' Conditions of Employment (State) Award applies to employees employed as Patient Transport Officers in HealthShare NSW and in Local Health Districts and that they are entitled to be paid the allowance provided for in that clause for any shift during which they assist in the lifting and/or transporting of infectious patients. Catchwords: INDUSTRIAL DISPUTE – award interpretation – entitlement to be paid an allowance to Patient Transport Officers – previous interpretation of award provision by another member of the Commission – interests of comity – plain, ordinary meaning of actual words used Legislation Cited: Health Services Act 1997 Industrial Relations Act 1996 Cases Cited: 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 Health Services Union NSW v Ministry of Health; re infectious cleaning allowances [2018] NSWIRComm 1009 Zoological Parks Board of New South Wales and The Australian Workers' Union, New South Wales [2004] NSWIRComm 85 Category: Procedural and other rulings Parties: Ministry of Health (Notifier)

Health Services Union NSW (Respondent) Representation: Mr Y Shariff of counsel with Ms E Allen (Notifier)