Australian Salaried Medical Officers’ Federation (NSW) v Secretary of Health [2018] NSWIRComm 1052

Industrial Relations Commission New South Wales Medium Neutral Citation: Australian Salaried Medical Officers' Federation (NSW) v Secretary of Health [2018] NSWIRComm 1052 Hearing dates: 22 February 2018 Date of orders: 31 August 2018 Decision date: 31 August 2018 Jurisdiction: Industrial Relations Commission Before: Commissioner Seymour Decision: Application dismissed Catchwords: INDUSTRIAL DISPUTE – dispute over payment of annual leave and long service leave entitlements – interpretation of leave legislation - whether employment terminated – whether concurrent employment relationships - power to make direction for payment of accrued leave entitlements – power to make award setting 'fair and reasonable conditions'

HELD – - application dismissed Legislation Cited: Annual Holidays Act 1944 ss 3, 4, 11 Health Services Act 1997 s116(3) Industrial Relations Act 1996 ss 130, 136, 137, 175 Long Service Leave Act 1955 ss 4, 5, 10 Cases Cited: Khayam v Navitas English Pty Ltd [2017] FWCFB 5162 Queensland Independent Education Union of Employees and Moreton Bay College (2002) QIRComm175 Mohazab v Dick Smith Electronics Pty Ltd [1995] IRCA 625 New South Wales Local Government, Clerical, Administrative, Energy Airlines and Utilities Union v Warringah Council [2015] NSWIRComm 1012 Category: Principal judgment Parties: Australian Salaried Medical Officers' Federation (NSW) (Notifier) Secretary of Health (Respondent) Representation: B Morgan (Notifier) T J Dixon (Respondent) File Number(s): 2017/237346