New South Wales Nurses and Midwives’ Association v Health Secretary on behalf of Western NSW Local Health District [2018] NSWIRComm 1079

Industrial Relations Commission New South Wales Medium Neutral Citation: New South Wales Nurses and Midwives' Association v Health Secretary on behalf of Western NSW Local Health District [2018] NSWIRComm 1079 Hearing dates: 10 October 2018 Date of orders: 17 December 2018 Decision date: 17 December 2018 Jurisdiction: Industrial Relations Commission Before: Commissioner Constant Decision: Applications by the notifier in relation to alleged breaches of cl 48(vii) of the Public Health System Nurses' and Midwives (State) Award ("the Status Quo Provision") dismissed. Orders in relation to Status Quo Provision refused. Catchwords: INDUSTRIAL DISPUTE – application for orders to preserve status quo – Award provision does not require freeze in time – Award requires work procedure and practices preserved while dispute procedures ongoing Legislation Cited: Health Services Act 1997 (NSW), s 116H Industrial Relations Act 1996 (NSW), ss 130, 135(6), 136(1), 137 Cases Cited: Kucks v CSR Limited (1996) 66 IR 182 Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales v Secretary for Industrial Relations [2018] NSWIRComm 1061 Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales v Secretary of the Treasury [2014] NSWIRComm 23 Transport Workers' Union of Australia v Linfox Australia Pty Ltd [2012] FWA 2045 Texts Cited: Macquarie Dictionary Category: Principal judgment Parties: New South Wales Nurses and Midwives' Association (notifier) Health Secretary on behalf of Western NSW Local Health District (respondent) Representation: Counsel: Mr A Guy (notifier) Mr D Mahendra (respondent)