Health Services Union NSW v Secretary, Ministry of Health in respect of Western New South Wales Local Health District [2019] NSWIRComm 1007

Industrial Relations Commission New South Wales Medium Neutral Citation: Health Services Union NSW v Secretary, Ministry of Health in respect of Western New South Wales Local Health District [2019] NSWIRComm 1007 Hearing dates: 15 and 16 October, 12, 13 and 20 November 2018 Date of orders: 31 January 2019 Decision date: 31 January 2019 Jurisdiction: Industrial Relations Commission Before: Murphy C Decision: 1. Pursuant to section 175 of the Industrial Relations Act 1996, the Commission determines that the following employees were entitled under the Health Employees (State) Award to be classified and paid as Patient Transport Officers on and from the dates specified: • Rodney Arrow – 21 November 2012. • Robert Fengler – 22 October 2014. • Wayne Millsteed – 6 January 2014. • Owen Roberts – 14 March 2013.

2. Pursuant to subsection 136(1)(a) of the Act, the Commission recommends that Western New South Wales Local Health District pays to the four employees, and to any other of its employees for whom the same or similar circumstances apply, back pay to reflect their proper classification as Patient Transport Officers for the relevant period.

3. Pursuant to subsection 136(1)(a) of the Act, the Commission directs the parties to confer in relation to the payments referred to immediately above. Catchwords: INDUSTRIAL DISPUTE – award interpretation – Trainee Patient Transport Officers reclassified as Patient Transport Officers – classification definitions – training requirements – work performed – claim for back pay Legislation Cited: Industrial Arbitration Act 1940 Industrial Relations Act 1996 Cases Cited: Davies & Anor v General Transport Development Pty Ltd & Ors [1967] 67 AR 371 Fire and Rescue NSW v Fire Brigade Employees' Union of New South Wales [2018] NSWIRComm 1076 Zartorski v South Australian Railways Commissioner & Anor [1982] 1 IR 354 Category: Principal judgment Parties: Health Services Union NSW (Notifier)