New South Wales Nurses and Midwives’ Association v Health Secretary on behalf of Western NSW Local Health District [2019] NSWIRComm 1025

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 [2019] NSWIRComm 1025 Hearing dates: 6 March 2019 Date of orders: 12 April 2019 Decision date: 12 April 2019 Jurisdiction: Industrial Relations Commission Before: Chief Commissioner Kite SC; Murphy C; Webster C Decision: Leave to appeal granted; appeal dismissed Catchwords: AWARD INTERPRETATION – meaning of "status quo" – meaning of "work procedures and practices" -Status Quo Provision does not require freeze in investigation – Status Quo Provision requires work procedure and practices continue 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, 188. Cases Cited: Amcor Ltd v Construction, Forestry, Mining and Energy Union [2005] HCA 10; (2005) 222 CLR 241 City of Wanneroo v Australian Municipal, Administrative, Clerical and Services Union (2006) 153 IR 426 City of Wanneroo v Holmes [1989] FCA 369; (1989) 30 IR 362 Crown Employees (Teachers in Schools and Related Employees) Salaries and Conditions Award (2008) 181 IR 245 Director of Public Employment (by her Agent the Commissioner of New South Wales Fire Brigades) v New South Wales Fire Brigades Employees' Union [2008] NSWIRComm 158; (2008) 180 IR 170 Endeavour Coal Pty Ltd v CFMEU (2007) 161 IR 96 George A Bond & Co Ltd (in liq) v McKenzie [1929] AR (NSW) 498 Kucks v CSR Ltd (1996) 66 IR 182 Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales v Secretary of the Treasury 87 NSWLR 41 Public Service Association and Professional Officers' Association Amalgamated Union of NSW v Secretary of the Treasury (2014) 87 NSWLR 41 Re State Rail Authority Firefighters Award 2001 (2002) 122 IR 13 Secretary of the Department of Transport (in respect of Roads and Maritime Services) v Construction, Forestry, Mining, and Energy Union, New South Wales Branch [2018] NSWIRComm 1038 Secretary, NSW Ministry of Health v Health Services Union NSW [2018] NSWIRComm 1007 State Transit Authority of New South Wales v Australian Rail, Tram and Bus Industry Union, New South Wales Branch, Bus and Tram Division [2014] NSWIRComm 41 United Firefighters Union of Australia v Metropolitan Fire and Emergency Services Board (2006) 152 FCR 18 Texts Cited: Macquarie Dictionary Category: Principal judgment Parties: New South Wales Nurses and Midwives' Association (Appellant) Health Secretary on behalf of behalf of Western NSW Local Health District (Respondent) Representation: Counsel: Mr M Gibian SC (Appellant) Mr D Mahendra (Respondent)